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04/06/1982 - City Council Regulari P AGENDA EAGAN CITY COUNCIL REGULAR MEETING EAGAN, MINNESOTA CITY HALL APRIL 6, 1982 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES III. '6:35 - DEPARTMENT HEAD BUSINESS P.1 A. Fire Department ?.$ B. Police Department P *5C. Park Department P• I2D. Public Works Department IV. 6:55 - CONSENT ITEMS (One motion approves all items) Q.15 A. Conditional Use Permit Renewals I$ B. Service Station Permit Renewals P zo C. Petition Form Approval for Day Care Facilities of Seven to Ten Children Q.23 D. Designation of Deputy Treasurer 23 E. Contract 81-2, Approve Change Order #2 P,24 F. Contract 81L4, Approve Final Payment/Acceptance-`(Windtree, et al, Streets) e,25' G. Reapportionment of Special Assessments B' -A5 H. Receive Petition for Utility Easement Vacation/Set Public Hearing (Ridgecliffe Fifth Addition) (y 27 I. Receive Petition to Vacate Drainage and Utility Easements/ Set Public Hearing (Barringer First Addition) P 241 J. Contract 80-7, Approve Final Payment/Acceptance (Windcrest, et al, Utilities) '14K. Receive Petition/Set Public Hearing for Vacation of Drainage & Q Utility Easement (ECIP 3rd Addition) V. 7:00 - PUBLIC HEARINGS VI. OLD BUSINESS ?,31 A. Proposed Amendment to Ordinance 52.07 to Allow Building Heights in -Commercial and Industrial Districts to Exceed 35' and 40' Respectively Under Certain Conditions P,3(, B. National Amusement Co. (Sam Nilba) for a Conditional Use to Allow More than 3 Amusement Devices in a CSC (Community Shopping Center) District, Located in a Portion of the Cedarvale Shopping Center, Located in Part of the NE'y of Section 19 P, 4 AIC. Roger. and Judith Urban for Rezoining from A (Agricultural) to I-1 (Light Industrial) District and for a Preliminary Plat Containing One Lot Located in Part of the SEk of the SE'y of Section 25 (north of Cliff Road in the T.H. 3 Area) e•i}S D. Steven J. Flanagan for Preliminary Plat Approval of Cedar Cliff Commercial Addition, Located in the SWC of the SE} of Section 30, (east of Nicols Road and north of Cliff Road) City Council Agenda April 6, 1982 Page Two VII. NEW BUSINESS P j A. William F. Brandt for Rezoning from A (Agricultural) to R-3 (Residential & Townhouse District) and for Preliminary Plat (LeMay's Lake Addition), approximately 10 Acres.in the SWk of the NW'g of the NW'y of Section 10 (east of Pilot Knob Road & south of Lone Oak Road) Q -10 B. Proposed Amendment to Ordinance 52.06, Subdivision 13, to Reduce the Required Off -Street Parking Spaces in R-3 & R-4 zoning Districts P ,7 Z_C. Request for Variance to Sell Food Beyond Liquor Establish- ment Hours for Southfork Restaurant P.-75' D. Dave Odegaard for Advertising Sign P 150 E. Hilltop Condominium Project - Temporary Sales Office VIII. ADDITIONAL ITEMS I P.$ 2A. Appointment of a Director to the Joint Burnsville/Eagan Cable Commission P.% I -B. Joint Burnsville/Eagan Cable Commission Update g3 C. Insurance Bid Consideration P.gl} D. Contract 82-1, Approve Plans & Specs/Advertise Ear Bids, (Overhill Farm First Addition) A E. Contract 82-2, Receive Bids/Award Contract (Briar Hill Fourth Addition Streets & Utilities) Q 86 F. I-494, Approve MnDOT Plans & Specs (T.H. 55 to 0.35 Miles West of T.H. 149) IX. VISITORS TO BE HEARD (For those persons not on the agenda) X. ADJOURNMENT • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 2, 1982 SUBJECT: AGENDA INFORMATION After approval of the March 16, 1982 regular City Council minutes and special City Council minutes of January 28, February 25 and March 30, 1982, and the April 6, 1982 City Council agenda, the following items are in order for consideration: FIRE DEPARTMENT A. Fire Department -- The Volunteer Fire Department is making every effort to provide copies of monthly reports, executive board minutes and any other action that was taken by the executive board. As a future practice, copies of these minutes and other pertinent information will be provided as informative under Fire Department in each future regular City Council packet. Oftentimes, the Fire Chief is present at a meeting during Department Head Business, and if there are any questions about any of the information supplied by the Fire Department, this is an opportune time to address a particular question or issue. Enclosed for information purposes, requiring no action or discussion, is a copy of the Fire Depart- ment's monthly report for January, executive board minutes for March and a memorandum of executive board action from Fire Chief Childers found on pages Z throughThere are no formal items requiring action _5_y_ ­EF CA ii* e * to be considered at this time. EAGAN VOLUNTEER FIRE DEPARTMENT MONTHLY REPORT FOR MONTH OF January, 1982 WORK PERFORMED • TYPE MAN HOURS Fire Calls' o7n Rescue Calls i1R Training--. ....... Truck b Equipment Maintenance in Station Maintenance i a Fire Prevention 2n Administrative' _v5 TOTAL 2i0i XV, MANPOWER STATION #1 STATION #2 STATION #3 Available Days 14 2 Available Nights 3 Available Rotating 17 17 13 4' 2 TOTAL 36 23 18 FIRE CALLS TYPE NUMBER LOSS Structure 13 Grass 20 $4,0.00 .. 0 Vehicle " '63,300.00 False 6 Other 6 TOTAL 31 $7,500.00 RESCUE CALLS TYPE NUMBER Vehicle Accident p Medical 17 Industrial 0. Miscellaneous p TOTAL_ 17 LARGE DOLLAR LOSSES DATE NAME LOCATION OCCUPANCY LOSS 1-9-82 1-13-82 1939 Gold Trail Vehicle $1,000.00 1-27-82 4711 Tana Pt. Garage 4,000.00 2107 Shale Lane Car 3,500.00 c �itt$ttn ire Pepartment EXECUTIVE BOARD MEETING March 11, 1982 Rick Murphy attended hearing due to 3 bad quarters in training. Excuse was lack of instructor at times and training not good enough. Motion by Childers, 2nd by Giles to retro -active suspension of 30 days - passed. Robert Cruz appeared-" 3 bad quarters on training - down one training each quarter of required trainings. Excuse vacation, out of town work and union activities at Republic Airlines - motion by Schendeldecker, 2nd by Burlingame to excuse all 3 guarters - passed. Duane Gaudette did not appear, but was contacted by J. Adam excuse was weekly out of town work. Motion by Childers, 2nd by J. Adam to excuse all 3 quarters -.passed. Dan Meszaros did riot appear was contacted by Burlingame, planning to move to Inver Grove Heights in near future - motion by J. Adam, 2nd by Burlingame all three quarters be excused, providing we receive resignation by April 1st, - passed, Charles Larson was contacted by J. Adam to appear at this meeting regarding his letter from 27th quarter and suspension. He did not appear and no action was taken. Dan Klingbeil - discussion on 26th quarter which he was down on trainings. His excuse was vacation, sickness and a long court case. Motion by J. Adam 2nd by Giles to excuse all 3 quarters - passed. Jay Berthe appeared - 28th quarter down on fire calls - had evidence that missed calls for 26th and 28th quarters were due to vacation. Motion by J. Adam 2nd by Perron to excuse - passed. Jay "Chip" Berthe appeared - down 1 training 25th quarter 1 fire 27th quarter and 1 training 28th quarter. Excuse vacation, huntion trip when car broke down. Motion by J. Adam, 2nd by Giles to excuse - passed. V Respectfully submitted, C' t Robert Childers 3940 Rahn Road • Eagan, Minnesota 55122 3 THE LONE OAK TREE — THF. SYMBOL OF STRENGTH S- GROWTH IN OUR COMMUNITY ' iagan ire Beyartment MEMO TO: Tom Hedges City Council FROM: Robert Childers DATE: March 23, 1982 In recent Executive Board action Dennis Hunter was dropped from station #3 due to a change in working hours. Dan Meszares resigned from station 111 due to moving to Inver Grove Heights. Dave Close resigned from station 02 due to personal -problems. As a result our man power was cut to 74. We have recently started a rookie class of five as follows: P Janet B. Linkert, 4255 Pilot Knob Road, station 03 days, Louis B. Olsen 1807 Walnut Lane, station #3 days, Michael Juen 3101 Hwy. 55, station #2 days, Dan Schaffhausen 1325 Quarry Lane, station #2 days and Mark Stevenson 2071 Garnet Lane, station U1 mights. We feel Mark will be an asset to the department due to'his job with Peoples Gas Company. ''He will be able to respond from his job and he works throughout the City. He will be assigned to nights for training, but may be counted as a day responder. Sincerely, Robert Childers Eagan Fire Chief RC/ph 3940 Rahn Road • Eagan, Minnesota 55122 THE LONE OAK TREE — THE SYMBOL OF STRENGTH & GROWTH IN OUR COMMUNITY Agenda Information Memo April 2, 1982 Page Two POLICE DEPARTMENT B. Police Department -- The Police Department has scheduled Satur- day, May 22, at 10:00 a.m. to hold the annual police auction. The auction will again be held on the front parking lot of the police station. According to Ordinance 22, it is required that notice of the auction be published in the paper ten days prior to the event. Chief DesLauriers plans to use the proceeds to con- tinue completion of the basement evidence room at the police depart- ment building. There is no action required on this item. There are no additional items for the Police Department at this time. PARK DEPARTMENT C. Park Department -- Item #1: Hiring of Park Master Plan Consul- tant -- At a special City ouncil meeting held jointly with the Aa—visory Parks & Recreation Committee on Tuesday, March 30, 1982, two (2) firms were interviewed for the purpose of preparing a city wide park master plan. The two (2) firms were Brauer & Associates and Erkkila & Associates. Following the interviews, the City Coun- cil and Advisory Park & Recreation Committee members reviewed the two (2) firms in detail and it was the consensus of both the APRC and the City Council that Tim Erkkila & Associates be hired subject to a review and renegotiation of his quotation to perform the work. The City Administrator and Director of Parks & Recreation were directed to analyze the quotations and present a fact sheet to the City Council for consideration at the April 6, 1982 regular meeting. It was also the consensus of the City Council that, upon review of the cost breakdown, a motion would be considered to hire Tim Erkkila & Associates subject to a final review and recommenda- tion of the APRC regarding the exclusion of certain services as bid in the proposal submitted by Erkkila & Associates. Therefore the final cost and a list of the services to be performed by the consul- tant will be discussed with action considered by the City Council at the April 20, 1982 City Council meeting pending a recommendation by the APRC as a result of their findings at their next regular meeting to be held on April 8, 1982. Enclosed on pages (, - 9 is a copy of a cost breakdown analysis performed by the Director of Parks and Recreation and reviewed by the City Administrator for City Council review. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the hiring of Tim Erkkila & Associates to perform a city wide park master plan subject to final review and negotiation of services and cost for services as recommended by the APRC. .s April, 1982 MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ADVISORY PARKS AND RECREATION COMMITTEE TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: MASTER PARKS GUIDE PLAN At the conclusion of the March 30th meeting, direction was given to review the proposed fee schedule and scope of services with Mr. Erkkila of Erkkila and Associates, to see what revision could be made. This review has now been concluded. In the process of the review, it was the intent to revise, delete, defer or refer to staff, those items that would reduce costs and yet maintain the in- tegrity and end product quality anticipated in the document. In presenting this to you for review, you may wish to refer back to the Scope of Services as an aid. Review is made of each segment within the Scope of Services, the proposed change and saving made from the originally proposed fee schedule. Section I: Inventory and Analysis Change: City Planner to collect and prepare update on demo- graphic analysis of each service area; do projections under direction of consultant. Rationale: .This is one area not previously indentifiable as being done by staff. The planning direction will be involved __ in other aspects of the project. Additional work be- yond this does not seem advisable nor appropriate to the consultant. Saving: $400.00 Section II: Neighborhood Workshops Change: Director of Parks and Recreation and Advisory Committee members (1 per session) to play increased role. 0 Page 2 t -Rational: Consultant has concluded that a reduction could be made with the knowledge that staff can prepare and take an active part in group sessions. I Saving: $1,000.000 Note: It was also agreed that consultant and staff will con- duct one additional city wide meeting. This will allow those residents who were not able to attend their area meeting an opportunity to meet. This session will also include those groups who wish to represent special group needs. Section V: Public/Private Recreation Study Refer: Date collection to Advisory Committee Rationale: Advisory Committee members could be assigned specific areas for review/data collection. Consultant and dir- ector of parks and recreation to act as "supervisor" to direct collection input; user types, availability, etc. Consultant to do analysis, input, policy recommendation, etc. Saving: $900.00 Section VI: Special Use Facility Change: Refer issue relative to Ice Arena/Pool to Director of Parks and Recreation; all other issues to remain responsi- bility of consultant. Rationale: The Director of Parks and Recreation has had 12 years direct experience with pools/arena. Consultant will act as "supervisor" for this plan segment as well as perform- ing other special us facility study. Saving $900.00 Section VII: Preliminary Plans Change: Delete 2 undeveloped park concept plans .7 Page 3 Rationale: The Scope of Services called out for development of 111- to 12" concept plans. A limit of 10 concept plans has now been agreed to rather then the 12 that were quoted. If during the planning process a lessor number of parks is to be considered, a further reduction in the contract will then be made. Saving: $1,600.00 Change: Delete 5 graphic revisions. Rationale: The consultant had included an option to revise 10 con- cept plans. Deletion of 5 of these possible revisions would result in a saving. The contract will still pro- vide some funding for 5 plan revisions, if they are not needed a reduction in the contract will be made accord- ingly. Saving: $ 750.00 Section VIII: Final Plan/Documents Change: Reduce copying and reproduction, lump sum estimate. Rationale: The consultant had included a lump sum allocation for printing, reductions, etc. This lump sum has been re - reduced - City to provide copying capabilities for in- ternal and public documents. Sufficient money to pro- duce 50 copyies of the final document revisions. Saving: $2,000.00 Sextion IX: Maintenance Plan Change: Refer to Director of Parks and Recreation for completion; consultant to review and critique; final revision pre- pared jointly. Rationale: This segment of the plan is significant for staff and City officials to better develop an understanding of the long range growth and the interelationship of men, equip- ment and service levels. Because of the frequent opportun- Page 4 1 ities to review aspects of the plan jointly during the process many of these implications will be discussed. Staff can prepare the plan; and present to the consult- ant for review and critique, with revision made as appro- priate. Saving: $2,300.00 Staff also review the elements dealing with ponds and lakes, and horse/ snowmobile trails. No changes were made in these segments as staff would not be able to handle identifiable or seperate tasks. Consequently no changes are recommended. itI- Saving made in the preceding would result in a contract price of $2*,750.00. This fee could yet be reduced during the course of the study as previously indenti- fied. While this fee is still somewhat highter than the proposal from Brauer and Associates, this writer is of the opinion the Erkkila and Associates proposal will provide a broader service in better detail with greater public involvement and is superior7to Brauer. s N Agenda Information Memo April 2, 1982 Page Three Item #2: I -35E Turnback Adjacent to the Mission Hills South/ Vienna oW ods beve opment -- aMinnesota Department o ransportation has responcledto the City's request to convey to the City a storm water pond within the I -35E right of way near the Mission Hills South/Vienna Woods development. The District 9 engineer has indi- cated that the pond can be conveyed to the City for park and recrea- tion purposes. However, the conveyance cannot be implemented until the completion of I -35E construction which is contemplated no earlier than 1984. MnDOT has requested that the City Council adopt a resolution that determines an exact fence location and eventual conveyance to the City of this land. MnDOT will require the City to preserve the ponding capacity below elevation 920 and assume all maintenance and liabilty responsibility for the area. Therefore, it is the recommendation of the Director of Parks & Recreation and City Administrator that the City proceed with a resolution to secure this area, assuming the City will be acquiring the two and half acres of park land committed in the Mission Hills PUD. The City is making every effort to negotiate the two and one-half acres with Unisource Corporation. However, to date, the City has not received confirmation. Rather than hold this item up any longer with MnDOT, it seems appropriate to proceed with the resolution so that part of the acquisition is not delayed at some future date. Enclosed on page II is a copy of the resolution. Enclosed on Monday will be a map showing the area desired for acquisition of the I -33Z right of way and also the acreage to be dedicated by the Unisource Corporation. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the resolution requesting certain I -35E right of way to be conveyed to the City of Eagan for park purposes. I I DRAFT RESOLUTION CITY OF EAGAN WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota was held on the day of , 1982, and WHEREAS, the City of Eagan intends to acquire and develop a neighborhood park within the park service area 31-E commonly known as Mission Hills, and WHEREAS, the Minnesota Department of Transportation has indicated a willingness to convey a ponding area located within the 35-E right -of. -way which is within the park service area, 'and WHEREAS, the ponding area and its immediate surround- ing area is suitable for parks purpose, and WHEREAS, the City is willing to preserve the pond capacity and assume responsibility for maintenance and liability; NOW THEREFORE, upon motion by , seconded by , it was RESOLVED that the City formally request such poncHng area from the Minnesota Department of Transportation for public park purposes. Those in favor: Those against: DATED: Attest: CITY COUNCIL CITY OF EAGAN ` By. Gene Van Over a e, City Clerk Beatta B omquist, Mayor I Agenda Information Memo April 2, 1982 Page Four . PUBLIC WORKS DEPARTMENT D. Public Works Department -- Item #1: 1982 Road Unit Charge (RUC) - Cost Projections -- At time March ounci meeting, tile Z-it�il Eacl some questions pertaining to present projections of revenue from the major street levy and estimated assessment sources as compared to the 1977 projections. The following is a reproduction of that table for the Council's reference for this discussion: FUNDS AVAILABLE FOR MAJOR STREETS Item M.S.A. Funds Major Street Levy Estimated Assessments Road Unit Charges 1977 Projection $ 6,270,000 4,420,000 1,980,000 1,100,000 $13,780,000 Present Projection $ 7,465,000 3,336,000 8,510,000 3,089,000 $22,400,000 Enclosed on pages through Vf is a response from the consul- ting engineeringif'rm explaining tFe_ir calculations for the figures presented in this table. If there are additional questions that are not answered in this response, please contact the City Adminis- trator's office and arrangements will be made to have the consul- ting engineer at the meeting to discuss the item in further detail. 10% .. I I B 2335 W. 7+nwi a44A.a,y 36 $t• A.4 Mk..,ara 55„3 Pkan.i 612-636-4600 March 12, 1982 City of Eagan 3795 Pilot Knob Road Eagan, Mn. 55122 Attn: Mr. Tom Colbert RECEIVED Y'4 iii S �2 a 4ua'4�, Y". __a._..aA O 25dt cel /u �♦ Re: Major Street Construction Program Eagan, Minnesota File No. 49 Gentlemen: Oita G. Banassroo, P.E. Robert W. Rosene.P.E. Joseph C. Anderllk, P.E. Oradlord A. Lemberg. P.E. RlMard E. Turner. P.E. James C. Olson. P.E. Glenn R. Cook. P.E. Keith A. Gordon, P.E. Thomas E. Noyes. P.E. Rkhard W. Poster, P.E. Ruben G. Sehunlehr, P.E. Martin L. Sorvala, P.E. Donald C. Burgardt, P.E. Jerry A. Bourdon, P.E. Mark A. Hanson, P.E. Sieven M. Ouineey Charter A. ErIckwn Leo M. Pawelsky Harlan M. Olson David E. Oban In response to your letter dated March 10, 1982 regarding the major street fund projections. 1. The projections for income received from 1977 through 2000 through the ma- jor street levy were estimated in 1977 to be $4,420,000. The estimates made in 1981 fro the years 1980 through 2005 were $4,398.500 for this same levy. The act of extending the projections from the year 2000 to 2005 combined with inflation actually increased the total amount of the levy to $6,855,000. However, at a combined City Council and Staff meeting it was decided to use 50% of future major street levies for street reconstruction leaving $3,398,500 for new major street construction. 2. In 1977 it was estimated that $1,980,000 would be received in assessments on the major streets to be constructed to complete the system. These as- sessments in 1981 were estimated at $8,510,000, a four fold increase. Since price increases in gasoline and bituminous for roadways caused road construction costs to double from 1977 to 1981, residential and commercial equivalency assessments would also double, which would account for about $2,000,000 of the increase. The balance of the increase was brought about by a change in assessment policy as recommended at the City Council, staff meeting mentioned previously. In the 1977 projections, it was assumed that no assessments would be levied against single family residential property. It was decided that future major street construction would include a residential equivalent assessment to all 8768a Page 1. !3 City of Eagan Eagan, Mn. 55122 Attn: Mr. Tom Colbert Re: File No. 49 March 12, 1982 1 residential property which would greatly increase the potential for assess- ments and would help to hold down the increase in the road unit charge. If you have any further quetions, do not hesitate to call. Yours very truly, BONESTROO, ROSENE, ANDERLIK S ASSOCIATES, INC. Keith A. Gordon KAG:li cc: MAN RWR 8768a Page 2. /I Agenda Information Memo April 2, 1982 Page Five. DNSEN:T'ACENDF There are a total number of eleven (11) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the consent agenda and placed under additional items unless the discussion required is brief. CONDITIONAL USE PERMIT RENEWALS A. Conditional Use Permit Renewals -- Due to the interdepartmental workload, conditional use permit renewals for late 1981 and early 1982 were not presented to the office of the City Administrator for City Council consideration as normally scheduled. The 1981 conditional use permit renewals for the months of October through December are found on page 16 and the 1982 conditional use permit renewals for January and February are listed on page 1-7— All conditional use permit renewals are in order for consideration. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the 1981 and 1982 conditional use permit renewals as presented. is i 1981 CONDITIONAL USE PERMIT RENEWALS OCTOBER Orvilla Homes 3430 Wescott Hills Dr Eagan MN 55123 NOVEMBER Dakota Homes Doug Isaacson 3660 Dodd Rd Eagan MN 55123 DECEMBER John Bushnell 1760 Eleanor Av St Paul MN 55116 Mary Schmidt 1080 Lone Oak Rd Eagan MN 55121 Linda Smith 4028 Rahn Rd Eagan MN 55122 ounce - Date care home sales lot temporary building 4890 So Robert Trail child care center day care /6 1982 CONDITIONAL USE RENEWALS January Merlyn Barfknecht 835 Lone Oak Road Eagan MN 55121 Elroy & Brett Mann 3165 Dodd Rd Eagan MN 55123 Dr Ethel Traxler 1467 Highview Ave Eagan MN 55121 February Dakota Cty Comm Action HRA Dakota Cty Court House Hastings MN 55033 LaPepinere Montessori School 6515 Barrie Road Edina Mn 55435 Council - Date Storage only of tires & supplies in garage. car storage office at home battered women shelter 4750 Nicols Road day care center Easy Street Apts-Silver Bell Road I -I a Agenda Information Memo April 2, 1982 Page Six SERVICE STATION PERMIT RENEWALS B. Service Station Permit Renewals -- There are eight (8) service station renewals in order for consideration. A copy of the 1982 service station renewals is found on page 9 for your review. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the service station permit renewals as listed. f/9 1982 SERVICE STATION RENEWALS Union 76 4195 Nicols Road Eagan MN 55122 Eagan Tire & Auto Center Standard Oil 4205 Nicols Road Eagan MN 55122 Geo Hubers Standard Service 3206 Sibley Memorial Hwy Eagan MN 55121 Mendota Skelly Oil Company 3150 Dodd Road Eagan MN 55121 Q Petroleum 4206 Nicols Road Eagan MN 55122 Sinclair Station 3946 Nicols Road Eagan MN 55122 Superamerica Co Rd 30 & Hwy 13 Eagan MN 55122 Yankee Square Standard 1424 Yankee Doodle Road Eagan MN 55122 i Council - Date /9 Agenda Information Memo April 2, 1982 Page Seven PETITION FORM APPROVAL - DAY CARE FACILITIES C. Petition Form Approval for Day Care Facilities of Seven to Ten Children -- In the fall of 1981, there was City Council action approving criteria which would allow day care facilities in residential districts located within the City. Staff was directed at that meeting to require a special permit for any application of seven to ten children; however, up to seven children would be a permitted use within the residential district. Also over ten children would require a conditional use permit and the application for a conditional use with the Advisory Planning Commission holding a public hearing and approval by the City Council. A draft petition was submitted to the City Council for review; however, there were a number of changes and therefore the petition has been reworked and is now ready for City Council consideration. Enclosed on pages 7.1 through 2 L is a copy of a petition entitled "Petition tor 'Day Careac�iity of 7 to 10 Children". The City Planner and City Administrator feel the revised petition meets with the intent of the City Council by satisfying language in the ordinance. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the petition for a day care facility of 7 to 10 children in accordance with zoning ordinance #52. ZO CITY OF EAGAN PETITION FOR DAY CARE FACILITY OF 7 TO 10 CHILDREN This petition has been prepared by the City of Eagan in accordance with Ordinance No. 52 (Zoning Ordinance). In official action taken by the Eagan City Council on September 1, 1981, the City Council amended Ordinance 52 (Zoning Ordinance) to allow day care facilities with a maximum of six (6) children as a permitted use in a residential district. Day care facilities with 7-10 children are permitted once the applicant has receive a special permit from the City of Eagan. I/We propose to operate a day care facility for no more than ten (10) children at our residence at _ Eagan, Minnesota. This petition fulfills the requirement for notifying the surrounding property owners within 150 feet of the location of the proposed day care facility. The space provided below contains the signatures of the property owners or residents within 150 feet of the proposed day care facility. Name Address 1. .2. 3. 4. 5. 6. 7. 8. 9. 10. I, We have notified all other property owners or residents within 150 feet ofour residence by mailing to or leaving a copy of this petition with them at least ten (10) days prior to the date of the hearing. These persons include the following: Name Address 1. 2. 3. 4. a► Petition for Day Care Facility 5. 6. 7. 8. 9. 10. After this petition has been completed, the City Council will hold a hearing at 7:00 o'clock p.m. on to determine if the day care facility will be allowed at this location. If anyone wishes to make comments regarding this day care facility, please be present at the Eagan City Hall on the date stated above. Besides the special permit which is required by the City of Eagan, the appli- cant must receive a license from the Dakota County Human Services Board and fulfill all the requirements for licensing by the State of Minnesota. I/We, the undersigned, have made application to the City of Eagan for a special permit and have paid the $25.00 fee for the special permit application for a day care facility in the City of Eagan. (Name) (Name) 22 (Address) (Address) j Agenda Information Memo April 2, 1982 Page Eight DESIGNATION OF DEPUTY TREASURER D. Designation of Deputy Treasurer -- Mr. Gene VanOverbeke, Director of Finance, was appointed City Clerk/Treasurer in Janaury 1981. There are times, in the absence of Mr. VanOverbeke, that a treasurer is required at the City Hall. The Statutory Handbook does provide for a deputy treasurer which is appointed by the City Clerk with the consent of the City Council. Mr. VanOverbeke is recommending that the position of City Accountant be designated as Deputy Treasurer and, therefore, the employee who is classified City Accountant, Mr. Ken Damlo, would perform the Deputy Treasurer position in the absence of Mr. VanOverbeke, the City's Treasurer. The City Administrator concurs with the appointment and is recom- mending that the City Council approve the City Clerk's nominee for the Deputy Treasurer appointment. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the appointment of the City Accountant as the Deputy Treasurer to perform the duties of treasurer in the absence of the City Treasurer. CONTRACT 81-2 E. Contract 81-2, Approval of Change Order #2 -- Due to a change in elevations and grading plans for the Duckwood Trails subdivision, the water laterals and hydrant leads installed along Duckwood Trail under Project 221 in 1978 were below the revised elevation requiring an adjustment and raising of the fire hydrant. Because the amount to be adjusted was in excess of 2.5 feet, it required re -excavation, special fittings and special equipment to perform this work. This work was originally scheduled to be part of Contract 80-7 but, due to that contractor going bankrupt, it was performed under Con- tract 81-2, thereby necessitating this change order. All costs associated with this work will be assessed against the Duckwood Trails Subdivision as a part of the final assessments for street construction. (Add $2,008.33) ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny change order #2, Contract 81-2, in the amount of $2,008.33. 23 Agenda Information Memo April 2, 1982 Page Nine J CONTRACT 81-2 F. Contract 81-2, Approve Final Payment/Acceptance (Windtree, et al, Streets) -- Contract 81-2 provided for the installation of streets in the Windcrest First Addition (No. 293B), Windtree First Addition (284B), Duckwood Trail (308B), Twin View Manor (264B), and James Street (275B). This contract also provided for corrective work and completion of unfinished work under change order #1 which was necessitated by the bankruptcy of the contractor under Contract 80-7 which. provided for the installation of utilities in these subdivisions. The City has received certification from the consul- ting engineering firm that all work was performed in compliance with the City's plans and specifications and that the contractor is entitled to final payment. All costs associated with this con- tract will be assessed against the affected subdivisions with the exception that the work performed on James Street ($1,979.40)will be the responsibility of the major street trunk fund as negotiated through the settlement of the assessment appeal for that project. In addition, change order #1 ($13,621.60) will be processed to the bonding company for Contract 80-7. The final construction costs for each of the affected subdivisions is presented here- with as a comparative percentage of over (+) or under (-) as compared to the cost presented at the public hearing as a part of the feasibility report: Windcrest First Addition (Project 293B), - 2.4% Windtree First Addition (Project 284B), - 21.3% Twin View Manor (Project 264B), - 10.5% Duckwood Trails (Project 308B), - 9.2% All work has been inspected and accepted by the consultant and the City maintenance department and any minor corrective items that may be required have been determined to be the responsibility of the contractor through which no additional cost will be incurred. ACTION TO BE CONSIDERED ON THIS MATTER: Approve the seventh and final pay request for Contract 81-2 for $17,850.69 to Alexander Construction Company and accept for perpetual maintenance. 24 Agenda Information Memo April 2, 1982 Page Ten REAPPORTIONMENT OF SPECIAL ASSESSMENTS PARCEL NO. 10-03000-011-25 G. Reapportionment of Special Assessments (Parcel No. 10-03000- 011-25) -- Due to the acquisition of public right-of-way by MnDOT, the property owner has requested that the assessments associated with said parcel be respread over the above referenced parcel. Total assessments to be respread amount to $1,681.84. The applicant has executed the necessary waiver of hearing in a formal request form. Because this requires the levying of an assessment against an existing parcel, it requires formal Council approval. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the request for reapportionment of special assessments to Parcel 10-03000-011- 25 for trunk storm sewer in the amount of $1,681.84. VACATION PETITION - RIDGECLIFFE FIFTH ADDITION H. Receive Petition for Utility Easement Vacation/Set Public Hearing (Ridgecliffe Fifth Addition) -- The City has received a request from U. S. Homes Corporation to vacate an existing drainage and utility easement within Block 13 of the Ridgecliffe Fifth Addi- tion. This is necessitated by the fact that Orrin Thompson Homes has constructed a larger model townhouse than what was anticipated during the platting of this subdivision. Subsequently, it en- croaches one foot into the existing utility easement which must be vacated to accommodate this construction. In consideration, Orrin Thompson will be dedicating an equal one foot easement to maintain the required six foot easement necessary to accommodate the utility services. (Enclosed on page Z 6 is a map.) ACTION TO BE CONSIDERED ON THIS MATTER: To accept the petition to vacate a utility easement over Block 13, Ridgecliffe Fifth Addi- tion and set the public hearing to be held May 4, 1982. as ",.R. WINDEN i ASSOCIATES, INC. LAND SURVEYORS Tel. 645.3646 1381 EUSTIS ST, ST. PAUL, MINN. 55108 TYPICAL MODEL 102 BU/LD/NG 8 EASEMENT LOCATION gl_0C.1t 13, ILt0c,tc.t-1ca ,5*S A0JD Q Deno +c s Porfion to be vaca-ted Denofes Porfion 40 be added Agenda Information Memo April 2, 1982 Page Eleven VACATION PETITION - BARRINGER FIRST ADDITION I. Receive Petition to Vacate Drainage and Utility Easements/Set Public Hearing (Barringer First Addition) -- With the platting of the Windtree Second Addition, the Niakwa Development Corporation joined forces with Gold Medalion Corporation to incorporate the Barringer First Addition, located adjacent to Wescott Road into Outlot A of the Windtree Second Addition. Consequently, the Bar- ringer First Addition is being eliminated through its incorporation into the outlot of the Windtree Second Addition. However, before the final plat for the Windtree Second Addition can be recorded, the dedicated drainage and utility easements around the perimeter of the Barringer First Addition must be formally vacated. Staff has been working very closely with the developer to insure the timely recording of this plat due to the pending installation of utilities in that subdivision. (Enclosed on page pL% is a map.) ACTION TO BE CONSIDERED ON THIS MATTER: To approve the petition to vacate drainage and utility easements for the Barringer First Addition and schedule the public hearing to be held May 4, 1982. a-7 FI:,\91 myf 0 : ../- � r ` 12 ■.i 072 18 • 1 • am y y 1 \'. � 1♦ m . aY 1 JAMES A. HILL INCI a [ .Fi• i. . + r �Il ' p i ry I N .Y • � I I FI:,\91 myf 0 : ../- � r ` 12 ■.i 072 18 • v. •I � 1♦ 1 � 1 aY 1 0 1[Nru yi. wuYw[n ue us wmn nrw ■[.■ 'v s[w. wyM1'r I •y M. MM1•nr �'V fir• N� ry iM1 NM1 [I[ unuir uwml iN (ej00 n ar • OUTLOT A r / Ii;[��lY rM1[ryM1[rn N'/rV 14 ""3e° W 3PW WESCOTT ROAD [ N 66•Z3'26•E 1074.25 rr.'.nM1w n..r rcv � QA227N6E2 i LT ADD 1 [ N 8' IOA [ • ::e S:i?T'. 14n;,;: 1 072 18 •I � 1♦ 1 � 1 1� JAMES A. HILL INCI a SHEET 2 OF 2 SHEETS. .j i. . + r I 1i QA227N6E2 i LT ADD 1 [ N 8' YESCOTT•"• IOA [ • ::e S:i?T'. 14n;,;: 1 072 18 JAMES A. HILL INCI a SHEET 2 OF 2 SHEETS. .j i. . f. • I 1i i ry I v 2 \- '* e tO 5702 NOB -20.33•E • - [•l � N b ' l[• [•V • N __♦ _I YESCOTT•"• IOA [ • ::e S:i?T'. 14n;,;: 66•2S2•E 072 18 JAMES A. HILL INCI a SHEET 2 OF 2 SHEETS. .j i. . f. • I 1i i ry I Agenda Information Memo April 2, 1982 Page Twelve CONTRACT 80-7 FINAL PAYMENT J. Contract 80-7, Approve Final Payment/Acceptance (Windcrest et al, Utilities) -- This contract provided for the installation of utilities in the Windcrest 1st Addition (#293A), Windtree 1st Addition (#284A) and Duckwood Trails (#308A). The City has received a request for final payment through our consulting engineering firm together with a certification of compliance to all plans and specifications. This contract was terminated by Council action on June 16, 1981 due to the bankruptcy of the contractor, C. W. Erickson Construction Company, Inc. There remains $10,492.01 of payment due this contractor for work completed prior to his demise. However, the City has incurred $15,998.35 in costs through Change Order #1 to Contract 81-2 to complete this contract obligation to City standards and/or to correct difficiencies in the work already performed. Subsequently, we are recommending that this contract be closed out and accepted for perpetual maintenance but that payment be withheld until satisfactory resolution of the out- standing claim. ACTION TO BE CONSIDERED ON THIS MATTER: To accept Contract 80- 7 for perpetual maintenance, authorize staff to process all neces- sary claims through the bonding company and insure satisfactory payment prior to final payment to the contractor. VACATION PETITION - E.C.I.P 3RD ADDITION K. Receive Petition/Set Public Hearing for Vacation of Drainage & Utility Easement (L3, B4, E.C.I.P. 3rd Addition) -- As a condition of issuing a building permit and granting a set back variance to the John Henry Foster Building on February 2, 1982, it was required that the existing 60 ft. drainage and utility easement located adjacent to the NE line of Lot 3 along Mike Collins Drive south of Apollo Road be reduced to 9.26 feet through a vacation proceeding. ACTION TO BE CONSIDERED ON THIS MATTER: To receive the petition for vacating a drainage and utility easement of Lot 3, Block 4, E.C.I.R. #3 and set the public hearing for May 4, 1982. Note: Enclosed on page _.10 is a map of the proposed vacation. �vT 3, g'Loe,a' y, E*&NIV44LE Ce/?I-&-2 /NovsT2i4L d.jtx-*3 Rf'.�PST.. SEWER I W, are sla efi\x TC - 49.80+e6aa t. mn6<i e1 O 66as 4 /.w {(g ti � Y al`a .a<• NORTHEAST CORNER LNORTH — Q •MfOi \ LINE OF t �• ysi� mnec6e 3 OF LOT 3 ' LOT 3 "iY"-v-=xl'y6pssa _ 1(10) 'SZe .6631 `�!c' Xl0 yL—_ Vai V Asr, rl'. R CFL:. •f ;, 3z 5 .ee.a N 26 PROPOSED BUILDING 1 . i .1 . . A J, 0 Qp R4 �• I 9 `� ,/REMOVE EXISTING B6 -I9 C.BG ?. B�i^ ! F 0REPLACE WITH 30"VALLEY OuTTER • 6 i7 66'3!' ' \I I wc, V"iss ss366 .P.: 864. d" � PROPOSED .6664 ` 6PARKING L0+ s .. ,< �,� _ . -- .._... • __. 6 _ .11133 L .sac a `'' 6a a r• 9591 ` N \ CU P06E0 P nJBG Baa\ earl Q> EXISTING CONO CURB 11313 1131 a -Me: ,8166 ¢ ,11112 a l \ ° ',�` —EASTERLY LINE OF LOT 3 • PROPOSED HM SEWER Sro`/ miS - ibOo• ESMT 6 v . 00 Y \ ur\ 65 ji0o�\ g7 %::,'y•.�s..'; o SOUTH LwE O I \PF LOT 3 8(i! tb. ECORNEA OF LO 3 \ Bs2 OF LOT J ��• M:./.� C �1- � rl �", C \ 30 \ 1 EXISTING STOAN•••c •K'a SEWER Agenda Information Memo April 2, 1982 Page Thirteen PUB'L'IC. HEARINGS There are no public hearings scheduled for the 4-6-82 meeting. AMENDMENT TO ORDINANCE #52/HEIGHT LIMITATIONS A. Proposed Amendment to Ordinance #52.07 to Allow Building Heights in Commercial and Industrial Districts to Exceed 35' and 40' Respectively Under Certain Conditions -- The Advisory Planning Commission gave approval in the form of a recommendation to the City Council to amend Zoning Ordinance #52 to consider a revision to height limitations at the February 25, 1982 meeting. At the March 2, 1982 City Council meeting, the recommendation of the APC was approved. Following that meeting, the City staff realized that one language change in subdivision 14, B, 3, (a), and the addition of subdivision 6 to allow for height limitations to exceed 35' and 40' in a planned development agreement was inadvertantly left out of the first zoning ordinance amendment. The former language in subdivision 14, B, 3, (a), read as follows: "The height of buildings or structures in commercial and industrial districts within air traffic corridors shall be restricted to comply with the regulations regarding the air traffic corridors." That language has been changed to read as follows: "The height of buildings or stuctures in commercial or industrial districts shall be approved by the City except as prohibited in air traffic corridors." A public hearing according to procedure outlined in ordinance #52 was held by the Advisory Planning Commission at their last regular meeting on March 23, 1982 to consider the revisions and amendment to Ordinance #52. The APC is recommending approval. For a copy of the revised ordinance, refer to pages 3 a, through 31+ For a copy of the APC minutes, refer to page 3 . ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of _the APC to approve the amendment to ordinance 52.07 that allows building height in commercial and industrial districts to exceed 35' and 40' respectively under certain condi- tions. 31 CITY OF EAGAN Amendment To ORDINANCE NO. 52 -- ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA, DOES HEREBY AMEND ITS ORDINANCE NO. 52 AS FOLLOWS: 4 SECTION 52.07 -- SUBD. 14 B. Additional "Area Standards and Requirements" of Commercial Districts. (3) Height. Buildings or structures in excess of the maximum height limita- tions imposed by Section 52.07 Subdivision 14.A. may be allowed as conditional uses as defined in Section 52.05, Subdivision 2, subject to the following conditions: (a) The height of buildings or structures in commercial and industrial districts shall be approved by the City except as prohibited in air traffic corridors. (b) The front setbacks shall not be less than three fourths of the height of the building or structure. The rear and side setbacks shall not be less than one half of the height of the building. However, the maximum required setbacks shall be feet for the front, feet for the rear and feet for the sides. (c) The maximum required green area for the buildings or structures over three stories shall be sixty (60) feet on the front and twenty five (25) feet on the side and rear yards. The green area shall be increased from the present green area requirements in commercial and industrial districts by five (5) feet per story on the front, side and rear yards until the maximum required green area has been obtained. (d) Guest parking only may be allowed on the front side of the building or structure and number of guest parking spaces shall be determined by the City Council. (e) Parking shall not be allowed adjacent to any side of such a building or structure in order to provide fire lanes and adequate fire protection for the building or structure. (f) The front side of the building or structure shall be determined by the applicant. The front yard shall consist of the area between the designated front side and the lot lines on said side bounded by parallel lines extending from the approximate corners of the designated side to the lot line(s). (g) A permit for a building or structure in excess of the normal maximum height limitations shall not be allowed if the building or structure is located less than 300 feet from a single family residential district as measured from the nearest"point of such building or structure to the nearest point of the residential district. (h) Special review and consideration will be given to proposed buildings or structures that take advantage of significant topographical changes in elevations that would minimize the impact of the structures top floor ele- vation in relation to single family residential dwellings in the area. (i) Building permits authorized under Section 52.06, Subdivision 11, shall be issued only upon execution of a Multi -Story Building Agreement. 3z SECTION 52.07 -- SUBD. 18. ADDITIONAL STANDARDS AND REQUIREMENTS FOR INDUSTRIAL DISTRICTS. (I-1, I-2, and R -D). (3) Height. Buildings or structures in excess of the maximum height limita= tions imposed by Section 52.07 Subdivision 19 may be allowed as conditional uses subject to the following conditions: (a) The height of buildings or structures in commercial and industrial districts shall be approved by the City except as prohibited in air traffic corridors. (b) The front setbacks shall not be less than three-fourths of the height of the building or structure. The rear and side setbacks shall not be less than one-half of the height of the building. However, the maximum required setbacks shall be feet for the front, feet for the rear, and feet for the sides. (c) The maximum required green area for the buildings or structures over, three stories shall be sixty (60) feet on the front and twenty-five (25) feet on the side and rear yards. The green area shall be increased from the present green area requirements in commercial and industrial districts five (5) feet per story on the front, side and rear yards until the maximum required green area has been obtained. (d) Guest parking only may be allowed on the front side of the building or structure in order to provide fire lanes and adequate fire protection. (e) Parking shall not be allowed adjacent to any side of such a building or structure in order to provide fire lanes and adequate fire protection for the building or structure. (f) The front side of the building or structure shall be determined by the applicant. The front yard shall consist of the area between the desig- nated front side and the lot lines on said side bounded by parallel lines extending from the approximate corners of the designated side to the lot line(s). (g) A permit for a building or structure in excess of the normal maximum height limitations shall not be allowed if the building or structure is located less than 300 feet from a single family residential district as measured from the nearest point of such building or structure to the neares point of the residential district. (h) Special review and consideration will be given to proposed buildings or structures that take advantage of significant topographical changes in elevations that would minimize the impact of the structure's top floor elevation in relation to single family residential dwellings in the area. (1) Building permits authorized under Section 52.06, Subdivision 11, shall be issued only upon execution of a Multi -Story Building Agreement. 3 33 ' SECTION 52.09 -- ADMINISTRATION AND ENFORCEMENT Subdivision 6. PLANNED DEVELOPMENT i C. Planned Development Agreement (See Section 52.07 - Subd. 7D). (2) Said "Planned Development Agreement" shall include as a minimum, but not limited to: d. A statement describing any building or structure to exceed normal height limitations and referencing the Multi -Story Building Agreement. Approval of building permits shall be in compliance with the conditions for exceeding height limita- tions provided in Ordinance 52.07, Subdivisions 14B and 18(3). .Original Ordinance Adopted: This Amended Adopted: Amendment Published in the Eagan Chronicle: 3 3t APC Minutes March 23, 1982 10. A 10 foot drainage and utility easement shall be dedicated adjacent to all public rights-of-way and along the west boundary line. In addition, drainage and utility easements incorporating the internal utilities required to service this development shall be dedicated as a part of the final plat. 11. The internal private road shall be constructed to a 28 foot minimum width with concrete curb and gutter to City approved plans and specifications. 12. Previously deferred trunk area water assessments and lateral benefit from trunk water main shall be assumed by this development as a condition of final plat approval. 13. A thirty foot half right -of- way shall be dedicated for Towerview Road. 14. Towerview Road shall be ordered for improvement prior to final plat approval and the cost shall be assessed against the benefitted property. 15. That City shall impose restrictions to out down excessive through traffic on Shields Lane. Those in favor were Hall, Turnham, Wilkins, Wold, Bohne, Krob and McCrea. ORDINANCE NO. 52 - HEIGHT LIMITATION REVISIONS The Chairman then convened the public hearing regarding a proposed amendment to Ordinance No. 52 concerning height standards in commercial, industrial and planned development districts. A draft of the amendment had been circulated with the packet to the members and there were persons present in the audience who also had concerns about the revisions. City Administrator Tom Hedges and City Attorney Paul Hauge reviewed the height limitation revi- sions and indicated that essentially the same revisions had been submitted to the Planning Commission and had been approved at its regular February meeting. Questions from the audience included concerns about location for high-rise buildings, suggestion that notice to surrounding property owners for the conditional use permit be extended beyond the 350 feet and it was also sug- gested that the Planning Commission wait until after the April 15 River Corridor Critical Areas Hearing, held by the Department of Natural Resources. Mr. Wold indicated that he understood that an applicant could now request a variance to accomplish the removal of height restrictions and under the pro- posal, there would be stronger restrictions, including multi -storage building agreement in each case. After considerable discussion, Bohne moved, Krob seconded the motion to recommend approval of the amendment to the ordinance as presented, recognizing the concerns expressed, and further, that study of the issues continue on behalf of the staff. After 45 minutes of concern and discussion, all members voted in favor. 9 3S Agenda Information Memo April 2, 1982 Page Fourteen NATIONAL AMUSEMENT COMPANY FOR A CONDITIONAL USE B. National Amusement Company for a Conditional Use to Allow More than 3 Amusement Devices in a CSC District Located in a Portion of the Cedarvale Shopping Center -- An application was received for more than three (3) amusement devices for a business to be located at Cedarvale Shopping Center. A public hearing was held to consider the conditional use permit by the APC at a regular meeting held on February 25, 1982. This item was presented for City Council consideration at the March 16, 1982 meeting; however, at the request of the applicant, the item was continued until the April 6, 1982 meeting. There were a number of merchants present at the APC meeting objecting to the conditional use permit. A letter of objection was received by the City from DCR Company and also a petition from several merchants in the Cedarvale Shopping Center objecting to a permit for amusement devices at Cedarvale Shopping Mall. Copies of those petitions are again enclosed on pages '5-7 through 3g for your review. The APC is recommending denial--o-f--the conditional use permit to the City Council. For additional information regarding this item, please refer to the planning assistant's report, a copy of which is again enclosed for your review on pages 4.D through Z For action that was taken by the APC, refer to page +_. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the Advisory Planning Commission recommending denial of the conditional use permit to allow greater than three (3) amusement devices for a business at Cedarvale Shopping Center. 36 CEDARVALE LANES 3883 Beau D'Rue Drive Eagan, Minnesota 55122 J City of Eagan City Hall 3795 Pilot Knob Road Eagan, Minnesota 55122 Gentlemen: DCR COMPANY 750 South Plaza Drive Mendota Heights, Minnesota 55120 February 19, 1982 We have been notified that you intend to discuss the issuing of a Game Room license in the mall of Cedarvale Shopping,Center on Thursday, February 25. We strenuously object to the issuing of this license for two basic reasons: 1. Our experience of Cedarvale Lanes has certainly shown us that direct supervision of these game rooms is necessary. We do not believe this supervision would be evident in the proposed game room area. 2. The City recently issued a license for a game room in the old A 5 W facility. Issuing another license in an area as close as this would, in our opinion, be too great a concentration of such facilities. CEDARVALE LANES 3? Sincerely, DCR COMPANY Ck"C'J %-Z 01T, - ichard L. Stryker, Pr ident Amusement Company for approval of a permit for amusement devices in the Cedar - vale Shopping Mall for reasons including the following: 1. The stores in the center have been experiencing serious theft problems in recent years and it is feared more will result with an increase in young people. 2. The shopping mall owners are not able to have full time policing which may become necessary in light of the hours proposed for the game room. C3. We are concerned about whether the person we understand has been chosen to manage the game room will be capable of properly supervising the younger patrons. 4. We have received information that other game rooms in Eagan have experienced policing problems and believe this could be detrimental to the retail shops in Cedarvale Mall. 5. We feel strongly that if the City approves the permit, it should be given only temporary approval which could be revoked after three or six months trial if complaints or problems arise. u tS Amusement Company Tor approval or a permit cur amuseweuL uCVacna iu LuC Cua�- vale Shopping Mall for reasons including the following: 1. The stores in the center have been experiencing serious theft problems in recent years and it is feared more will result with an increase in young people. 2. The shopping mall owners are not able to have full time policing which may become necessary in light of the hours proposed for the game room. �. 3. We are concerned about whether the person we understand has been chosen to manage the game room will be capable of properly supervising the younger patrons. 4. We have received information that other game rooms in Eagan have experienced policing problems and believe this could be detrimental to the retail shops in Cedarvale Mall. 5. We feel strongly that if the City approves the.permit, it should be given only temporary approval which could be revoked after three or six months trial if complaints or problems arise. 39 t OFA wq�M-A, CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT/AMUSEMENT DEVICES APPLICANT: NATICNAL AMUSEMENT COMPANY - SAM NILBA LOCATION: PORTION CF CEDARVALE SHOppn�G CENTER LOCATED IN PART OF THE NE; OF SECTION 19 EXISTING ZONING: CSC (COpg7%NI'I'y SHOPPING CE:N=) DATE OF PUBLIC HEARING: FEBRUARY 23, 1982 DATE OF REPORT: FEBRUARY 10, 1982 REPORTED BY: DAVE M. OSBERG, PLANNING ASSISTANT W.11 0 � An application has been submitted requesting a conditional use permit in order to have more than 3 amusement devices in a CSC District (Commmity Shopping Center) located in the Cedarvale Shopping Center. At the present time, the National Amusement Company has three video games and several children's rides in the Cedarvale Shopping Center. The applicant is pro- posing to locate the three video games in a now vacant room in the Cedarvale Shop- ping Center, and also to add 9-12 more video games in the ram. The dimensions of this amusement game arcade are approximately 12' x 12', which the applicant feels is large enough to house the 12-15 video games that will be in the arcade. There are plans to have adult supervision in the room at all times. No food, smo- king or drinking of any kind will be allowed in that amusement game arcade. The amusement game arcade will, at no time, remain open past 10 P.M. as the hours in which the amusement game arcade will be open will be dependent somewhat on the hours of the entire Cedarvale Shopping Center. If approved, the conditional use permit should be subject to the following oondi- tions: 1. Fulfilling all requirements of Ordinance #73, Amusement Devices DMO/jack all PARKING PARKING 1 � � T �1��. LMIMM!`•u I I � 't�4il I�! 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'�i ti, �l�. _ � L'1'1• ,.. _.. •:Y ' �1 �f.-L.i• �� i�.� { "77 ` .�: ..f, .l'S.,•t�.' lf: :^ t..:� : .4....r Ing.. •�:. lY .•a;• °n," \'�r�':�. •':G I� ,K �'•. •`�;r- ^.�•?i'i;:1,'1 '1 •�.w. :. ?-�': c..,_ -T .�{ :ire' 1. 4,i'�',%-'ll.v;a .i I ..t :,,..'._...�:. • .JIB +Ut{'y 'r{� !: �{ tt rJ. yi�'T�•.`t }i.(;'f .../oma .rla�r 1. t'i-n'.�'• Q•• \a t't�':..'hi.. ,... .• '•.'. ri l• 1 .. •.l.'7 -INR _ f {.1�, 4-1 j''.�..r rr•�'i•�j �).,o\�q•.•.f../rV .,.A�+y'rY�. 1•' �i...r. r.: .. Vit• f "06197 ow f o u ca I Lp Ell o :3 u I I 1 ri 4, ud 1 alert • � ! PARKING PARKING � i / 1 \ I nLL I f LI . q LI R=j G n. SILL • . Ll ADD / R. H( ,. LB L / R LI 9 , ' CSC 4F CSC PF Ll ti .. .. 1. DAR ' f �0Ll R- IC .. S LL h, i •^e. JI GB GB i, TEN ,r. T ,_ � .IPF ... t _ �. .. PF JUN104 - !N67- ti -PF o NB HIGH m B rT -••� 4++ \ B-2 SCHOOL g � v PFF, ` •,, ' '*� �i �R-3C .'..lid 3 KIZ 4f � aFt JMART I t^{yY4t<r�C+�(rC <<. _ 0 C S r LrF1E��5+,,{ � t. r R_\ NATIONAL AMUSEMENT COMPANY - AMUSEMENT DEVICE PERMIT The public hearing regarding the application of National Amusement Company and Sam Nilba for conditional use permit for more than 3 amusement devices in the Cedarvale Shopping Center was opened by the Chairman. Mr. Nilba was present as was Ron Dicker for the applicant. At the present time, National Amusement Company has three video games and several children's rides in Cedarvale Shopping Center and now proposes to locate 12 to 15 video games in a separate store location in the Center. The plan is for adult supervision in the room at all times, and no food, smoking or drinking of any kind would be allowed in the arcade. Mr. Nilba indicated that the amusement games have been located in the Center for many years and that the Center would be super- vised at all times. Allen Hochsprung appeared and presented a Petition on behalf of 21 of approximately 35 retail merchants in the mall objecting strongly to the proposal. They were concerned about the possibility of inade- quate supervision and inability to control the young people that would be using the machines, the impact that the machines do have on minors and the adverse potential impact on the retail stores with excessive numbers of minors in the Center. A number of other shop owners were present in opposition. Mr. Nilba assured the commission that supervision would be adequate and if there was any problem, the landlord has a provision in the lease whereby the land- lord could close the arcade after a 15 day notice. He also asked for a 30 -day trial period and if there were problems, that he would then close the arcade. There were also concerns by persons present, including Planning Commission members, about the impact on the A & W Amusement Device Center located about one block to the west and also the bowling alley and it is understood that there have been problems in both locations. A letter from DCH Company and the owner of the Cedarvale Lanes objecting to the application also was submitted. Lloyd Krob explained that he had done extensive research regarding the amuse- ment centers and was concerned about their adverse impact upon minors and read miscellaneous articles from magazines and newspapers explaining the problems that have resulted in such centers. He further stated that members of the Eagan Police Department are concerned about the machines in other amusement device locations and it would be a deterrent to business in the shopping center. After extended discussion, Krob moved, Mulrooney seconded the motion to recommend denial of the application based upon the reasons that are out- lined above. All voted in favor. 43 Agenda Information Memo April 2, 1982 Page Fifteen REZONING & PRELIMINARY PLAT FOR ALPHA ADDITION C. Roger & Judith Urban for Rezoning from A to I-1 District and Preliminary Plat for Alpha Addition -- Two (2) applications were received from Roger and Judith Urban: (1) A rezoning from A to I-1 consisting of twelve acres; and (2) A preliminary plat for Alpha Addition consisting of approximately twelve acres and con- taining one lot. A public hearing was held before the APC at the February 25, 1982 meeting and the APC is recommending denial of the rezoning and preliminary plat because it may create a spot zoning and was not consistent with the land use plan. This item was presented to the City Council for its review and consideration at the March 16, 1982 meeting. After much discussion by the City Council, City staff was directed to review other zoning options as well as land use options regarding the request. This item was therefore continued until the April 6, 1982 meeting. The City Planner has met with Mr. Urban and Mr. Holz, the resident who was opposing the facility at the March 16 meeting. At this meeting, it was a consensus that Mr. Holz did not oppose the office structure but was opposed to outside storage and what might become of the area after the office building is developed. On reviewing the ordinance criteria, offices can be allowed in either the I-1 or and LB district. It was the City staff's understanding that, since Mr. Holz was not opposed to the office but was opposed to outside storage and how the area could develop if it were zoned I-1, Mr. Holz is agreeable to the area developing as an office area and would be in agreement with an LB District. The LB District is a commercial zone which is more compatible with residential develop- ment. There would be no outside storage allowed in an LB zoning classification. One suggestion by the City Council was to allow the building without a zoning change, but after reviewing the ordi- nance, a variance would have to be granted for this consideration. The City staff has reviewed this process and feels that zoning the property to the LB District would be the best process in order to allow an office building if the City Council desires that type of use in the location as stated. The variance approach is not consistent with --the intention of the zoning ordinance and, technically, a use variance should not be granted to allow a struc- ture or use that is not permitted within the specific zoning classi- fication. It is also the City staff's understanding that Mr. Urban will be platting the entire twelve acres into one lot which will in effect only allow one building on the twelve acres. There could be a condition with the plat that this plat or parcel cannot be replatted to allow additional structures until the time that utili- ties have been brought into the area. In summary, the City staff feels the best way to allow an office building in that area is to zone the property at this time as LB and allow a one lot plat which would allow the proposed office building to be constructed at this time. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the APC recommendation to deny the rezoning and preliminary plat for Alpha Addition or consider an alternative to rezone the property LB which requires a new public hearing process before the APC. Yf Agenda Information Memo April 2, 1982 Page Sixteen PRELIMINARY PLAT FOR CEDAR CLIFF COMMERCIAL ADDITION D. Seven J. Flanagan for Preliminary Plat Approval of Cedar Cliff Commercial Addition -- The revised preliminary plat for Cedar Cliff Commercial Addition has been received and is in order for considera- tion by the City Council. The City Council had directed the City staff and County to look at the platting of the commercial area in regard to providing access by a cul de sac off Cliff Road which is shown as Steven Court and direct access onto Nicols Road. The applicant has responded to the requirement and concerns of the City and is proposing the revised plat for City Council considera- tion. The proposed plat will contain fourteen commercial lots (ten of the fourteen lots containing at least one acre in size). There are four commercial lots which are approximately one-half acre in size. Lots 1-4, Block 1, will have direct access to Nicols Road. And providing four lots along Nicols Road, there can still be two accesses to the property in cross easements between the lots to minimize the amount of direct access. The cross easements will be provided as a part of the final platting. Lots 5-10 will have access from Stevens Court and no direct access will be allowed off of Scott Trail to Lots 5-10, Block 1. Lots 1-4, Block 2, will still have access from Scott Trail. It is the City staff's under- standing that Lots 1-4 will be the last phase to be constructed within the development. This development will be phased; the first phase will be Lots 1-4, Block 1; second phase will be Lots 5-10, Block 1; and the third phase will be Lots 1-4, Block 2. It is also the City staff's understanding that the reason for phasing is the approximate 135,000 cubic feet of fill required for the development proposal, and to obtain this much fill at one time would be nearly impossible. The Public Works Director will address the grading and drainage in detail in regard to the fill required in the phasing. Ordinance 52 does not require any lot size for commercial lots in an LB. The only requirements in regard to the lots are setbacks from property lines and roadways and lot coverage for the building. The one-half acre to acre lots are adequately sized to provide lots for office buildings. In reviewing the pre- liminary plat, the conditions that were placed for the preliminary plat at the October 21, 1981 planning report have been met in regard to access off Scott Trail and other considerations. The only addi- tional requirements for the Cedar Cliff Commercial Addition at this time are: 1. A detailed landscape plan shall be approved by the City for Lots 1, 7, 8 of Block 1 and Lot 1, Block 2, because this area will abut the residents in Cedar Cliff Addition. This landscaping is the main buffering area between the office and the residential lots. An adequate landscape bond shall also be provided and not released until one year after the landscaping has been completed. 4s- Agenda Information Memo April 2, 1982 Page Seventeen A landscape plan shall be required with all other lots at the time development occurs. An adequate landscapte bond shall also be required for each lot and not released until one year after the landscaping has been completed. 3. The plat should be subject to Dakota County Plat Commission's review and comments. 4. There should be a restrictive access on the west side of Scott Trail so that access to Lots 5-10 shall be by Steven Court vs. Scott Trail. 5. All buildings shall require the same architectural and building materials on all sides of the building when pro- posed in order that the building will not have an unat- tractive side. 6. All trash receptacles shall be incorporated in the side of the building or attached to the building and maintained with the same architectural characteristics of the building. 7. The final plat shall incorporate the first phase for Lots 1-4, Block 1. Lots 5-10, Block 1 and 1-4, Block 2, shall be platted as an outlot until the second phase is ready to be developed. The aforementioned data was coordinated by the City Planner, Mr. Dale Runkle. Enclosed on page 4q for additional information is a copy of the preliminary plat as revised for Cedar Cliff Commer- cial Addition and on page 50 a copy of the grading plan. The Director of Public Works, Tom Colbert, has submitted the following comments: A revised preliminary plat in comformance with the concept approval recently approved by Council action for the Cedar Cliff Commercial Addition has been submitted for formal Council approval on a preliminary plat basis. In reviewing the grading and drainage plan for the preliminary plat, it appears that approximately 133,000 cubic yards of fill would be required to make all fourteen lots developable. Because the developer does not have the necessary excess fill to accommodate this at the present time, he has indicated that he intends to develop this in phases in the following manner: Phase 1: Lots 1-4, fronting Nicols Road Phase 2: Lots 5-10, gaining access from Cliff Road through Steven Court Phase 3: Lots 1-4, attaining access from Scott Trail Agenda Information Memo April 2, 1982 Page Eighteen The developer has indicated that there is sufficient excess material on the site to provide for the development of Lots 1-4 fronting on Nicols Road. Subsequent phases would be developed as material becomes available. The grading plan provides for construction of a berm along the north boundary adjacent to residential proper- ties. Because of the proposed phase development, staff would recommend that the final plat for the first phase incorporate the proposed four lots on Nicols Road with the remainder being platted as outlots to maintain flexibility regarding additions pertaining to grading, drainage, streets and utility requirements at the time of their proposed development. Although four lots are proposed to take access from Nicols Road, it is recommended that there be a maximum number of two driveway entrances with the necessary cross easements to the appropriate lots to insure adequate access. The southerly access should be restricted to a minimum of 275 feet from the center line of Cliff Road. It is also recommended that that section of Nicols Road be upgraded from Cliff Road to at least Erin Lane to accommodate the proposed future development of these lots taking direct access from Nicols Road. Although Nicols Road is technically Dakota County Road 28, the County intends to turn it back to the City in the near future for perpetual maintenance; therefore, it is doubtful that the County would participate in the cost of this upgrading. Therefore, it is recommended that this development be responsible for 50% of the cost of upgrading Nicols Road from Cliff Road to Erin Lane with the other 50% being the responsibility of the commer- cial properties located within the Mari Acre Additions. Future upgrading of Nicols Road further to the north would be required when the commercial shopping center was developed on the northern end of Mari Acres Second Addition. Because this preliminary plat is different from the one that was discussed at the planning commission public hearing of October 27, 1981, the engineering recommendations have been revised to the following. 1. A storm sewer system must be constructed from Mari Acres Pond (AP -9) to the east line of Phase 1 and continued in the future to handle the drainage requirements necessitated by the development of any phase construction. 2. A maximum of two driveway entrances only will be allowed onto Nicols Road with the southerly most driveway being a minimum of 275 feet north of the center line of Cliff Road. 47 Agenda Information Memo April 2, 1982 Page Nineteen 3. Only one entrance will be allowed onto Cliff Road, the center line of which being located 327 feet west of the center line of Scott Trail. 4. Restrictive access control be dedicated adjacent to Cliff Road, Nicols Road, and the west side of Scott Trail with the exception of those three previously discussed access points. 5. This development escrow is calculated assessment responsi- bility for the upgrading of Nicols Road from Cliff Road to Erin Lane. 6. A landscaping berm be constructed adjacent to the residential area as a condition of the first phase development. The Director of Public Works will be available to discuss in further detail these conditions with the City Council at the meeting on April 6. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the revised preliminary plat of Cedar Cliff Commercial Addition. ED ERIN a k4 �If LANE I Proposed. CEDAR CLIFF COMMERCIAL ADDITION FOR: JOHN FLANAGAN (OUTLOTS 0 and N. CEDAR CLIFF) CLIFF LAND AREA SCALE: /'•10, OUTLOT 0 ISOO M. ARrcA /99P W1LOT N .,.. O dr 4 TOM a C.R. WINDER B ASSOCIATES, INC. LAND IURYEAR! Oli IYMD MMtI mil IUL,YgNiglq ]!�W •i. I!-yM Proposed: Grading Flan \ CEDAR CLIFF COMMERCIAL ADDITION FOR: JOHN FLANAGAN (OUTLOTS a and N. CEDAR CLIFF) GLIFF ERIN 4 �\ •'\`.' \•�- LAND CA SCALE: /-- 50' LANE I I i.\.; .., _ i� - MCA a naAa. Moon 1962 \ ` baa-- r �`'ti - �..•��� •y_ ; WTL01 N iA]M. 2 INa".ad C.I. Nh,na 6.TY. TOTAL 'CUT '`' ,. rl• .a, fie••----s�'I " A �' OL 10 '411 11 A e OF FIL FILo � CU' xI \ _ � t `ems-.�•1.��� T ]:,-- � -' , =L•�,L �� �J ��� E d CLIFF ROAD GR. WINDEN 0 ASSOCIATES, INO LAND SWWWAS Da1.... ]1NRT ___ Si n-LL.XwXEy1X ]fi00 TI. NY]6K Agenda Information Memo April 2, 1982 Page Twenty REZONING & PRELIMINARY PLAWLEMAY'S LAKE ADDITION A. William F. Brandt for Rezoning from A to R-3 and for Preliminary Plat of LeMay's Lake Addition -- A public hearing was first held by the Advisory Planning Commission at their February 25, 1982 meeting. There were a number of questions raised at that meeting and therefore the item was continued until the March 23, 1982 APC meeting. Concerns raised by the APC were in regard to a private street and the land use to the north and south of the proposed development. There was a petition submitted to the APC from the majority of the property owners to the south opposing the proposed development. Enclosed on pages ,SQ. through S � is a copy of that petition. After cons iderable�iscussion, the— made a motion to deny the request for rezoning and preliminary plat as a recom- mendation to the City Council. For additional information on this item, refer to a copy of the City Planner's report, a copy of which is enclosed on pages St through7 for your reference. For information relating to the actionotthe APC, refer to pages 6-g through �. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the APC to deny the rezoning and preliminary plat request by William F. Brandt. S1 /link .,-,plc Aev 7-a7/V 3 iia U �L /�.�.� ;r,(. /33s 4c,-dL� 419-� I a? S i wE►ZU 1c.�.J 2� . 3/8O eT 'rr� lvl:l. . MAR 22 1982 3+ 5 S tiu�� L'.cn��,>' 6-Z �cb k cc 4 13 as rowERI Ile w Ro. 53 I CITY OF EAGAN SUBJECT: REZONING AND PRELI ENARY PIAT - LFMAY'S LAKE ADDITION APPLICANT: BRANDT MANAmENT - WILLIAM BRANDT LOCATION: SW; OF THE NW, OF THE NWk OF SECTION 10 EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: MFUARY 25, 1982 DATE OF REPORT: FEBRUARY 18, 1982 .REPORTED BY DALE C. R[ID=, CITY PLANNER The first application submitted is a request to rezone approximately 10 acres from A (Agricultural District) to R-3 (Residential Townhouse District). The second application submitted is a request for a preliminary plat, May's Lake Addition, which consists of approximately 10 acres and will contain 44 townhouse units. ZONING AND LAND USE Presently, the 10 -acre parcel is zoned A (Agricultural) which would allow one home per 5 acres. The Agricultural District is kind of an open zoning where a develop- ment proposal has not been made in the past. The Comprehensive Land Use Guide de- signates this parcel as R-2 (Mixed Residential) with a density of 3-6 dwelling units per acre. Therefore, the development proposal is consistent with the Land Use Guide Plan on a gross unit per acre basis. COfVENTS The proposed site is located north of Tbwerview Road, east of Pilot Knob Road and south and west of LeMay's Lake. The entire parcel contains approximately 10 acres. The net acreage after deducting half rights-of-way for Towerview Road and Pilot Knob Road and the public street proposed within this development, and calculating only 10% of the water for density credits, the net acreage of this site is 6.65 acres. The access to the proposed site is off of Towerview, Road. The applicant is pro- posing to put in a public street and provide access by a public street to the property to the north. The access going to the east would be a private drive just to allow access for 24 dwelling units with 20 units being served by a public street. In reviewing the development proposal, the applicant is requesting t wnhouse de- velopment which would allow 1 unit per 6,000 square feet of the net area. The s4 CITY OF EAGAN REZONING AND PRELIMINARY PLAT - LEMAY'S LAKE ADDITION FEBRUARY 25, 1982 PAGE TWO net area has been calculated as 6.65 acres and would allow a maximan of 48 dwell- ing units. The applicant is proposing 44 dwelling units for the subject parcel. The lot coverage of the buildings on the site is 14.688 which is under the 20% lot coverage requirement. The platting of the parcel,•the applicant has proposed platting some land with each of the dwelling units. The plat, in essence, allows some ownership of land. The Outlot C will be the moon area which will be owned by the Associa- tion and would allow each owner or renter to have access to LeMay's Lake. The applicant has proposed this common area to be utilized by all of the people within the development. The applicant has proposed 1 garage space and 1 parking space per unit for a to- tal of 2 parking spaces per unit. The ordinance does require one covered space and 1.5 parking spaces. However, the applicant does feel 2 parking spaces is adequate for this development. The applicant has proposed a 20' setback from a public street instead of the 30' setback requirement. The reasoning for this 20' setback is to provide more open space and useable space in the rear of the units vs. providing a 30' front set- back. - Also, in reviewing the site plan, there is a 30' setback between dwelling units. The applicant needs to shift the buildings slightly to obtain this 30' spacing between units on the development proposal. The applicant is proposing that the dwelling units could either be rented or owner - occupied. He is proposing to give the option to the person renting or buying the unit that the rent for X amount of years could be used for the down payment in pur- chasing the unit. Therefore, it gives the person looking to rent or buy the unit if the person does not have the down payment at this time, that the rent paid for the first few years could then be used as a down payment for the unit. This ap- pears to be a new concept the applicant is proposing to use to get owner -occupancy in the condominium project. If approved, the preliminary plat should be subject to the following conditions: 1) A Homeowner's Association bylaws shall be reviewed prior to final plat ap- proval. 2) A detailed landscaping plan shall be approved and a landscaping bond shall be submitted and not released until one year after the landscaping has been completed. 3) A 10' variance shall be approved for the front setback of the dwelling units. 4) A 10' variance would also be required between spacing of the dwelling units or shifting the units.to meet the 30' spacing requirement. 5) The plat should be subject to the Dakota County Plat Commission's review and comments because it abuts a County road. S15' CITY OF EAGAN REZCNING AND PRELIMINARY PLAT - LEMAY'S TAKE ADDITION FEBRUARY 25, 1982 PAGE THREE 6) The plat should be subject to the Park Committee's reaammdation for park dedication. 7) The developer shall provide one tot lot to provide the needs of the pre- schoolers within the neighborhood. 8) A detailed grading, drainage and erosion control plan must be reviewed and approved prior to final plat approval. 9) A 30' half right-of-way for Towerview Road shall be dedicated. 10) Towerview Road shall be upgraded to the City standard of a 32' wide bitumi- nous surface with concrete curb and gutter. If Towerview Road is not or- dered for improvement by Council action, this development shall place a cash escrow for its fair share of the proposed future improvement of Towerview Road. 11) A pedestrian stairway shall be constructed in the northwest corner providing access to the existing trailway on the west side of Pilot Knob Road. Main- tenance for this stairway shall be the responsibility of the Homeowner's Association. 12) A drainage and ponding easement shall be dedicated adjacent to LeMay's Take incorporating the 878.0 elevation. 13) An adequate utility easement shall be obtained from the property to the north to allow the extension and installation of the required sanitary sewer. 14) An internal water main shall provide a looping from the existing stub west of Pilot Knob Road with a connection to the existing water lateral within Towerview Road. 15) This development shall assume all deferred assessments relating to trunk area storm sewer and water and lateral benefit from existing utilities in accor- dance with the rates in effect at the time of final plat approval. In addi- tion, as a condition of final plat approval, this development shall waive its right to objection to the existing pending special assessments under Project 177, 200, 334 and 347. TAC/jack W11 TO: THE ADVISORY PLAMING COMMISSION, C/O DALE RUNKLE, CITY PLANNER FROP1: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: FEBRUARY 19, 1982 RE: PR>'.r•ra Ur M PIAT - LEMAY'S LAKE ADDITION (BRANDY MANAC;I OM The Public Works Department has the following information for consider- ation of the above-referenoed proposed plat: UTILITIES Sanitary sewer of sufficient size and capacity to handle this proposed development was installed in 1970 tinder Project 49-2 and recently ex- tended along the north property line of this proposed plat under Project 347 in 1981. Sanitary sewer, water and related services were install- ed within Towerview Road under Project 113 in 1974. However, this de- velopment does not propose to make a connection to these utilities within Towerview Road with the exception of water main looping. Water main of sufficient size and capacity to service this proposal is available by way of the existing 16" trunk water main located on the west side of Pilot Knob Road which had a 6" water lateral service stubbed to the east side under Project 334 in 1981 as a part of the upgrading of Pilot Knob Road. This water main shall be looped through this proposed development and connected to the existing water lateral located within Towerview Road previously discussed. STREUM Access to this proposed development will be fran Towerview Road which is presently an unimproved gravel mad frau Pilot Knob Road to Quarry Lane. With this proposed development, Towerview Road should be upgrad- ed to City standards of bituminous surfacing with concrete curb and gutter. Internal public streets consist of a parallel frontage road with Pilot Knob Road to provide continuation and ultimate access to the property to the north. The two cul-de-sacs are proposed to be private drives which should be constructed to a minimum 28' width with concrete curb and gutter and bituminous.surfacing. Pilot Knob Road adjacent to the west property line of this proposed plat was recently upgraded to its ultimate design section with a bituminous trailway during 1981. Because of the differential in elevations between Pilot Knob Road and the proposed public drive, the developer is proposing to construct the centerline of the proposed public street 3' east of the center of the dedicated right-of-way for this public drive. This will result in an approximate 16' boulevard on the west side and a 10' boulevard on the east side. The developer is also requesting a 10' variance from the required 30' setback from this public drive on the east side. With this 10' variance and 3' offset of roadway construction, these dwell- ing units would be approximately 13' closer to public street's curb .s7 Thomas A. Colbert LeMay's lake Addition February 25, 1982 Page two and gutter'as compared to the City's standard residential streets. Topography of this property provides for a gentle slope to the north and east to LeMay's Lake. The elevation of this property is slightly below that of Towerview Road and Pilot Knob Road. All drainage gener- ated by this development would be directed by way of internal storm sewer systems into Iemay Lake which presently has a controlled storm sewer outlet providing for drainage to the Mimesota River. The proposed location of the public street paralleling Pilot Knob Rd. will have to be carefully designed to insure its compatibility with Pilot Knob Road due to its elevation differential which will require a side slope from Pilot Knob Road trailway down to the proposed inter- nal road for this addition. Also, the elevation of this proposed road at the northern boundary of this plat should be approximately 896.0 to insure compatibility with the topography of the undeveloped property to the north. These existing and proposed elevations will place speci- fic constraints as to the ultimate location of this proposed public drive. Extensive erosion control measures tett the water quality of IeMay La posed development. EASMMS AND RIGHTS -OF -WAX will have to be implemented to pia- .e ro-.e during construction of this pro- Sufficient right-of-way for Pilot Knob Road was acquired during 1980 by the Dakota County Highway Deparbrent to provide for the upgrading of Pilot Knob Road. No additional right-of-way will be required at this time. A 30' half right-of-way should be dedicated adjacent to Towerview, Rd. to provide for the required upgrading to City's standards. A drainage and ponding easement should to incorporate the 878.0 elevation. A ment should be dedicated adjacent to a jacent private property. In addition, quired from the undeveloped property notion of the proposed sanitary sewer SIDEwAIRS AND TRAIUQYS be dedicated around LeMay Lake 10' drainage and utility ease - 11 public right-of-way and ad - a utility easement will be re - the north to allow the con- syst®n. The trailway along Pilot Knob Road was completed as grading of Pilot Knob Road during 1981. No internal is anticipated at this time. However, we feel that should be constructed as a part of this development corner providing access up to the trailway on Pilot aN � a part of the utrailway system a public stairway in the northwest Knob Road. The Thomas A. Colbert IeMay's Lake Addition February 25, 1982 Page three maintenance responsibilities for this stairway should be the Homeowner's Association and contained in their bylaws. ASSESSMENTS In 1975, the sanitary sewer, water laterals, services, grading and gravel base were constructed under Project 113 within Tbwerview Road. At the request of the property owner, Mr. Martin Shields, these assessments were deferred to be re -levied at a future date in accordance with the rates then in effect. Based on 1981 rates, this assessment amounts to approx- imately $25,300. In 1977, at the request of Mr. Shields, the trunk area water assessment was deferred until future development to be reassessed at the rates in effect at that time. Based on 1981 rates, this trunk area water assess - trent would amount to approximately $5,120 ( 6.65 acre). Men the trunk water main was installed along Pilot Knob Road under Pro- ject 11 in 1967, lateral benefit from this trunk water main was deferred until the time of connection. Based on 1981 rates, the estimated assess- ment associated with this lateral benefit ar mts to approximately $6,850 (477 LF). There are presently pending assessments relating to trunk and lateral storm sewer under. Project 177, street assessments for Pilot Knob Road un- der Project 200, and the installation of sewer and crater services under Project 347 and 334 respectively. I will be available to discuss in further detail any aspect of this re- port at the Planning Commission meeting of February 25, 1982. Fes y submitted, Thanas A. Colbert, P.E. 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Iewyuw !I. r1.wK !L Wn01• tgM1l•, rriwn{ielt 0 N OrES - pat 4AL„ CALQULAf•w,a. .r.r�.a 3R ATJ CIT .I __ LL nnYS LAKE Aee.fr..4 v.a.•o•t. 16. ��` 4Lr •u• ut,.v •• nA L••I u.r• LL •G1 .• r•••L .n •uF a fir. ear .• • c r «. •o • w• •u • LSS •.0 .0 ...T G•.L •r 0 - __.__ .... _ __ e• .r.r�.a 3R ATJ CIT .I __ LL nnYS LAKE Aee.fr..4 AI. MAr4 A4.E ME ��` �• QNB BE )MPNNY: IN PROCIMINARV UTILITY PLAN LEMAYS LAKE ADD. IM..Ip.. �.M..... ...... •• .-.. 7.. •.••^Y.:F.iI�r:. BRANDT MANAGEME ..... >.I«.�«4,..--'".._I" 1 _ ,. ,.. � : � _ � r\ n lJ'^ � - � •/�/mac.\\ - .. ,_ .. [I Y 3_. �kr it 0 0 0 9! a 15 w = y os ss y ,•. a •. ® Phase 3 s . � •'�} it �'" � a fit-- . i" .�.• RQvi.1a•iv-Vlew pow to YV dr8s �' ' �• °fix m • 4116..La,.1 HSA;:. • sfp,e� 15 a e -P 66 J 4)-A'LL M POL 1` • , � Jx�ael� • �x e • IL' � � �a�ei� r buy.., olta, 5 a 1, ) 7470 *M 041.{032 M . W.1.4, mn 35344 • \ • �IY I - \A. .-. s �.�111 I, 1r.•.II 't l.,r, l \ J \ ------------- Ily - _ M n _ /I 11i - a RB t . 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APC Minutes March 23, 1982 LEMAY'S LABS ADDITION - REZONING AND PRELIMINARY PLAT The public hearing for the application of Brandt Management and William Brandt to rezone 10 acres from A (Agricultural) to R-1 (Residential Townhouse District) and preliminary plat approval of LeMay's Lake Addition was convened by the Chairman. The application would include 44 townhouse units. The Comprehensive Land Use Guide designates the parcel as R-2 (Mixed Residential) with a density of 3 to 6 dwelling units per acre. The proposed site is located north of Towerview, east of Pilot Knob and south of Lemay's Lake. The net density would include 6.6 units per acre and net acreage of 6.65 acres. William Brandt was present as was Dan O'Brien, Architect and an Engineer for the project. A number of interested persons were also present, many of whom objected to the project. Mr. O'Brien reviewed the concerns of the Advisory Planning Commission at the last meeting of February 25, 1982 at which time the hearing had been continued. Mr. O'Brien stated that the spacing between the buildings was a minimum of 20 feet with an excess of 30 feet generally. The private cul-de-sac at the southeast corner of the plat also was a concern of the Planning Commission members, but Mr. Brandt stated that even with a public street and setbacks, the density still could allow for 45 units with a total of 44 planned. As to setbacks from Lemay Lake, he stated that it is his opinion that there is no requried setback at the present time, that the City has jurisdiction but has not exercised it in that no shoreline ordinance has been adopted. It was noted that the City is now in the process of pre- paring a shoreline ordinance and setbacks will possibly be 50 feet, if it's a general development lake, or 75 feet if it's determined to be a recreational lake. It was noted that there is a 50 foot setback from the normal ordinary high-water level in the proposal. A petition dated March 21, 1982 signed by 39 persons opposing the zoning to R-3 was submitted. Gerald Rodgers spoke for a number of neighbors to oppose the additional multiple housing where there is already high density. He suggested that there be road access to Lone Oak Road at the present time and the cost of the upgrading of Towerview should not be placed upon the present residents on the south side of the road. He stated such assessments would cause hardships and further, requested that no var- iances be granted. It was suggested that the zoning be changed from R-1 to R- 2 or at least with an R-1 buffer between the present residents and the planned higher density. Don Grant was present and objected to the proposal including density impact on the -lake, etc. Joe Kellner questioned the zoning and sug- gested an R-1 and also opposed the private street. It was noted the private street would be built to City standards. Another objection was insufficient parking for the units. Jim Woods, President of the Timberline Association, requested the road outlet location to Lone Oak Road be determined to the present time, but Mr. Colbert indicated the development is unknown and the City will eventually require another through -access to Lone Oak Road. There was also question as to the lot formerly purchased by Lynn Thiel at the southeast corner of the parcel as to whether it would be landlocked, and member Wilkins suggested continuing until the use of that parcel is deter- mined. She opposed multiple development between R-1 use to the north and to the south of the parcel. Commissioner Wold was concerned about safety, snow removal and emergency use requirements through the private street. It was noted that the proposal would nearly maximize the density permitted in R-2 KE APC Minutes March 23, 1982 land use. Commissioner McCrea stated it was her opinion that there was not adequate reason to reduce the setbacks between the buildings. It was also noted that if the 75 foot setback was required from the lake, that the density allowed would be about 38 to 40 units if 30 foot setbacks between buildings were required. The project would provide for rentals with options to buy within 12 months and the price at the current time would be $79,900.00 with 18 month construction time expected. Don Grant indicated that Lemay Lake is a spring - fed lake, that there is public access from the city park and he stated the Cartright land would potentially be landlocked. It was further noted that individual sewer and water stubs were placed on the north side of Towerview Road to accomodate R-1 use. Member Wilkins also asked whether Martin Shields was asked to plat his property to the north during the Comp Guide hearings. Mr. Brandt offered to make the cul-de-sac a public street after having dis- cussed the issue. After approximately one and one-half hours of hearing, Wilkins moved, McCrea seconded the motion to recommend denial of the applica- tion to rezone to R-3 based upon the reasons mentioned above and including the following: 1. The R-3 zoning would not be compatible with the R-1 use to the North and the R-1 zoning to the South without a buffer. 2. That when sewer and water were installed on Towerview Drive, that stubs were installed on the north side of Towerview, intending to be hooked into single family dwellings. 3. That the Comprehensive Land Use Guide is only a guide, and the R-2 zoned use is a more appropriate use for the property; further, that the proposal provides for an R-2 land use at its maximum density limitation. 4. That there is considerable other R-3 land zoned throughout the City and that there are other areas where R-3 zoned uses are more appropriate. It was further noted that R-2 zoning would permit about 5.8 units to the acre or about 40 total 'units. All voted in favor. SIGNCRAFTSRS OUTDOOR DISPLAY - CONTRACT BEMAGPS - SIGN PRRMIT . The public hearing regarding the application of Signcrafters Outdoor Display and Contract Beverages for conditional use permit for pylon sign at 2755 Highway #55, was next convened by the Chairman. Mr. Charles Peugh appeared for Signcrafters as did a representative of Contract Beverages. There were several questions but no objections. Bohne moved, Krob seconded the motion to recommend approval, subject to the following conditions: 1. The pylon sign may not be located within 300 feet of any other pylon sign measured on the same side of the street. 2. The pylon sign may not project more than 27 feet above ground level. 673 Agenda Information Memo • April 2, 1982 Page Twenty -One AMENDMENT TO ORDINANCE 52.06/REDUCTION OF OFF STREET PARKING SPACES B. Proposed Amendment to Ordinance 52.06, Subdivision 13, to Reduce the Required Off Street Parking Spaces in an R-3 and R-4 Zoning District -- The Advisory Planning Commission held a public hearing to consider an amendment to Ordinance 52.06, Subdivision 13, C, to change required off street parking requirements. The APC is recommending approval of the amendment to Ordinance 52 as found on page -71 The proposed amendment reduces the required off street par ing spaces in R-3 and R-4 zoning districts. The APC and City Council have granted approvals to a number of development proposals which are owner occupied to allow a reduction of the two and one-half spaces. The revision to Ordinance 52 would allow a required two parking spaces for home owner occupied units versus 2.5 parking spaces which is currently in effect. There is also a separation between owner occupied units and rental units and staff is recommending the rental units stay at the 2.5. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the APC to recommend approval of the proposed amendment to Ordiance 52.06. 76 CITY OF EAGAN TDAKOTA COUNTY, MINNESOTA AMENDMENT TO ORDINANCE NO'.' 52 -- ZONING THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA DOES HEREBY AMEND ITS ORDINANCE NO. 52 AS FOLLOWS: SECTION 52.06 -- GENERAL PROVISIONS Subdivision 13. -- REQUIRED OFF-STREET PARKING. C. Multiple dwellings including townhouses, apartments and condo- miniums. At least one (1) outdoor parking space and one (1) garage space per unit. Original Ordinance Adopted: February 18, 1972 This Amended Adopted: Amendment Published in the Eagan Chronicle: -7r Agenda Information Memo April 2, 1982 Page Twenty -Two VARIANCE FOR LIQUOR ESTABLISHMENT HOURS/SOLTTHFORK RESTAURANT C. Request for Variance Food Beyond Liquor Establishment Hours for Southfork Restaurant -- The City has received a request from an attorney representing Southfork Restaurant located at 4185 South Robert Trail to operate the restaurant on a 24 hour basis. The liquor ordinance prohibits operation of the restaurant beyond the hours for the sale of liquor and therefore a variance or ordinance amendment would be required. A copy of the letter submitted by Mr. Richard Gabriel is enclosed on pages 73 through -7¢ for your review. Mr. Gabriel will be appear ing�ef-ore the City�o—uncil to see if there is interest in amending the ordinance to allow this type of operation. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny a re- quest to amend the on -sale liquor ordinance to allow hours of opera- tion for a restaurant only to exceed hours of operation for the sale of liquor. 7z March 1, 1982 Mr. Thomas Hedges Eagan City Administrator Eagan City Hall 3795 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: Please be advised that the undersigned represents Southfork Liquor located at 4185 South Robert Trail, Eagan, Minnesota. Southfork Liquor is interested in operating its restaurant on a 24 hour basis. However, since it is also engaged in the sale of intoxicating liquor, the City of Eagan's Liquor Law Ordinance would appear to prohibit such operation. I have been in contact with Mr. Kevin Eide regarding this problem and he suggested that Southfork Liquor "request an amendment to the ordinance or a special use permit". He then stated that the matter would be considered by the City Council. Southfork is presently arranged so that the bar and restaurant facilities are separate. Mr. Lynn has received numerous inquiries from his patrons regarding a 24 hour restaurant operation and he feels that it would be beneficial to the community since no such establishment presently operates in that area. Mr. Lynn is well aware of the fact that if such a special use permit was granted, or if the ordiriance was amended,that no sale of liquor could take place during the prohibited hours even though the restaurant facility remained open. I would appreciate your comments and directions on this matter. If the matter is to be considered before the City Council, I 73 A ; iJc?_ KUEPPERS. KUEPPERS, VON FELDT & SALMEN ATTORNEYS AT LAW 1460 NORTHERN FEDERAL BUILDING WABASHA AT SIXTH STREET ST. PAUL, MINNESOTA 55102 EP® l MYEMW HIED A. NOEPEERE. JR. C. Z. YON RLDJ T. JAY "MEN AREA COD. eI, RICHARD J. CASH19L UL.PNOME HTM]I JOAN Al. HACERL RICHARD EAWEN March 1, 1982 Mr. Thomas Hedges Eagan City Administrator Eagan City Hall 3795 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: Please be advised that the undersigned represents Southfork Liquor located at 4185 South Robert Trail, Eagan, Minnesota. Southfork Liquor is interested in operating its restaurant on a 24 hour basis. However, since it is also engaged in the sale of intoxicating liquor, the City of Eagan's Liquor Law Ordinance would appear to prohibit such operation. I have been in contact with Mr. Kevin Eide regarding this problem and he suggested that Southfork Liquor "request an amendment to the ordinance or a special use permit". He then stated that the matter would be considered by the City Council. Southfork is presently arranged so that the bar and restaurant facilities are separate. Mr. Lynn has received numerous inquiries from his patrons regarding a 24 hour restaurant operation and he feels that it would be beneficial to the community since no such establishment presently operates in that area. Mr. Lynn is well aware of the fact that if such a special use permit was granted, or if the ordiriance was amended,that no sale of liquor could take place during the prohibited hours even though the restaurant facility remained open. I would appreciate your comments and directions on this matter. If the matter is to be considered before the City Council, I 73 Mr. Thomas Hedges Page Two March 1, 1982 would appreciate the opportunity to have notice of any such hearing so that Mr. Lynn, the owner of Southfork, and myself,could appear at such hearing. I thank you for your consideration. RJG/cw Sincerely, KUEPPERS, KUEPPERS, VON FELDT & SALMEN By- 'e /ichard J. Gabriel 774 Agenda Information Memo April 2, 1982 Page Twenty -Three DAVE ODEGAARD/ADVERTISING SIGN D. Dave Odegaard for Advertising Sign -- An application was re- ceived from Mr. Dave S. Odegaard for an outdoor advertising sign located in part of the NEk of the NW4 of Section 13. For additional information on this item, refer to the attached report prepared by the Administrative Intern, Dave Osberg. This report is found on pages -74 through. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the outdoor advertising sign as applied for by Mr. Dave Odegaard. 7.S I ID • • / 1 • ' IDfI X7,7. ' • � ! 1 1 71'. A ' 71•� DATE: MARCH 30, 1982 SUBJECT: OUTDOOR ADVERTISING SIGN FOR DAVID S. WEGARD Mr. Odegard has submitted an application to the City of Eagan for an out- door advertising sign located in part of the NFA; of the NW; of Section 13. The proposed sign is a general advertising sign and would refer to Ordi- nance 16.04, Advertising Signs Standards. According to Ordinance 16.04, the sign shall be 1,000 lineal feet, or 300 lineal feet on the opposite side of the street,frvm any other pylon sign. other requirements of Ordi- nance 16.04 are: 1) No advertising sign shall be located within 200' of any residentially zoned property. 2) No advertising sign 'shall exceed 250 square feet in signage area. 3) No advertising sign shall exceed 40' measured at lot level or road- way level. Whether lot level or roadway level is used is based on visibility factors on the adjacent roadway. The sign Mr. Odegard is proposing is similar to those approved by the City Council on July 7, 1981. The sign would be 5' x 111, or contain 55 square feet of signage and would stand 16' in height. herefore, the proposed sign does meet all of the requirements of Ordinance 16 in regard to size and height requirements. The sign is to be located in the NM of the NW; of Section 13 at the inter- section of Yankee Doodle Road and Highway 149. The land on which the sign will be located is owned by the Chicago, Milwaukee, St. paul and pacific Railroads. The Railroad Company has agreed to allow Mr. odegard to have an advertising sign in the railroad right-of-way. A site plan is enclosed for review as well as a picture of what the sign would look Like -in its prospective location. Mr. Odegard has stated that at the times when the advertising space is unsold, the copy would promote local City purposes and he would work with the City in this respect. In addition to all requiramnts of Ordinance 16, the sign should be sub- ject to the condition that it must be removed if development occurs in the area. DMO/jade 76 ,lt Outdoor Advertising -77 SPECIFICATION DRAWING 15312 Highway Seven a` G TZ4— N4i:1v G ±—, , /��' IV TITLF Minnetonka, MN 55343 �� iJ� lle Phone: 612-933-6344 13 LI 1.1 • E, ---fir ciNtER ; INtt TRIAL PAS j 4 , LI :CO. RD • 9A 39 R-2— �LB= � Q ' CARRIAGE HILLS GOLF COURSE PF R-4 1 LAI TT ROnn// PD -.74-1 044 LII HI WESCOTT II I, GARDEN. A K- GB L - 4F n I, R- I • \ ' yl Ll i dbP No! LI .PD -Lo, cJ977Q� 76-1 OF 5/Gly _ PK ADDIT109 WE Is L -I Agenda Information Memo April 2, 1982 Page Twenty -Four HILLTOP CONDOMINIUM/TEMPORARY SALES OFFICE E. Hilltop Condominium Project for Temporary Sales Office -- Developers Construction, Inc., was given authorization to proceed with the Hilltop Condominium Project by the City Council. It was the intention of the applicant to request at the time of preliminary platting a temporary sales office that would be occupied for display and sales office only. This type of request is normally addressed as a condition of the preliminary plat approval and therefore is processed as a revision to the preliminary plat to consider a sale office. The sales office would be temporary until the first condo- minium unit is built and then the unit would be used as a model for the purposes of display and a sales office. The letter of request for the temporary sales office is enclosed on page A drawing showing the location of the sales office and picture of the small trailer will be provided to the City and inclu- ded with the administrative packet on Monday. ACTION TO BE CONSIDERED ON THIS MATTER: To add a condition to the preliminary plat approval of Hilltop Condominiums allowing for the temporary sales office as presented. FIE DEVELOPERS CONSTRUCTION, INC. 1101 Cliff Road Burnsville, Minnesota 55337 612/890-6194 (larch 29, 1982 Eagan City Council 3795 Pilot Knob Road Eagan, Minnesota 55122 Attn: Mr. Tom Hedges Developers Construction Inc. is hereby requesting council approval to locate a temporary sales office on the Northeast corner of Pilot Knob'Road and County Toad 30. This 10ft. by 46ft. mobile home= will be used as display and sales office for the Hilltop Condominium project previously approved through your city. S lrbre%J Spa ride Presi e t DEVELOP RS CONSTRUCTION INC. W Agenda Information Memo April 2, 1982 Page Twenty -Five DIRECTOR'S APPOINTMENT TO JOINT CABLE COMMISSION A. Appointment of a Director to the Joint Burnsville/Eagan Cable Commission -- As stated in a recent memorandum, City Councilmember Egan is withdrawing himself as a director on the joint Burnsville/ Eagan Cable Commission. Since meetings will be alternated between the Eagan and Burnsville City Halls and there may be reason to conduct field trips outside of the Eagan Burnsville area, there was some concern about violating the intent of the open meeting law by having two members of the Eagan delegation represented by two members of the Eagan City Council. Since the joint commission does not have the power to franchise, the City Councilmembers for both the Cities of Burnsville and Egan will be monitoring the action of the joint commission on a regular basis through reports by its City Council representative and City Administrator. At the first joint commission meeting, Mr. Rick Bertz, Alternate #1, voted in the place of City Councilmember Egan and Mr. Ron Voracek was in attendance as the Alternate #1. ACTION TO BE CONSIDERED ON THIS MATTER: To accept City Councilmem- ber Egan's request to remove himself as a member of the joint com- mission and to appoint an alternate to replace City Councilmember Egan on the joint commission. A second course of action of the City Council may be to appoint a second alternate if they so desire. (The joint powers agreement and bylaws only designate one alternate; however, it should be the choice of the City Council if they would like an additional person or persons to attend the joint cable commission meetings on a regular basis.) JOINT CABLE COMMISSION UPDATE B. Joint Burnsville/Eagan Cable Commission Update -- At the first joint cable commission meeting, it was the desire of the Mayor and commission members that each City Council include on its regular agenda an item entitled Joint Cable Commission Update. This would provide the City Council representative and/or City Administrator of each community to update their City Council on the progress and action that is being considered by the joint commission. Since there was a lengthy memorandum written discussing organizational appointments and consideration of bylaws and the fact the commission has not met since that memorandum was presented to the City Council, there is no additional action to report at this time. Agenda Information Memo April 2, 1982 Page Twenty -Six INSURANCE BID CONSIDERATION C. Insurance Bid Consideration -- The City of Eagan has received the renewal rates from Mutual Service Insurance Company for life and health insurance. The proposed premiums for the employee only will increase from a range of $38 to $46 to a range of $48 to $56 while the employee with dependents insurance coverage will range from $92 to $100 up to $122 to $130. The variance in the range is for an employee earning $10,000 a year to the maximum coverage providing $250 of weekly disability which specifically relates to the disability portion of the insurance policy. Since the average percentage increase is 30.4%, the City is required to again bid the health insurance package. Due to the union contracts, it is recommended that the City not appoint its insurance committee in an attempt to adjust any of the language provided in the present insurance coverage. The 1982 Budget used a monthly insurance cost of $120 for full time employee for an annual budgeted appropriation of $1440. Therefore, three months at $100 and nine months at $130 would produce an annual cost of approximately $1475. Therefore, the impact on the City should be very minimal due to the estimated cost increases while preparing the 1982 budget. The City's Finance Director has prepared a group insurance specification packet and a public notice pertaining to the bidding process for the 1982 health insurance program. The City has requested a two month exten- sion of coverage and would expect to award a new contract at the May 18, 1982 City Council meeting. The City Administrator will review any of the details about the health insurance contract with the City Council at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS MATTER: To authorize the City Administrator to proceed with advertisement for bids to consider the new health, disability, and life insurance coverage for all City employees. 193 Agenda Information Memo April 2, 1982 Page Twenty -Seven CONTRACT 82-1 D. Contract 82-1, Approve Plans & Specs/Advertise for Bids (Over - hill Farm First Addition) -- The public hearing providing for the installation of the Hay Lake trunk sanitary sewer from Dodd Road to Cliff Road (Project #321), the installation of the trunk storm sewer outlet for the South Oaks Pond to Hay Lake (Project #326), and the installation of streets and utilities for the Overhill Farms First Addition (Project #332) were held on February 3 and June 16, 1981. All easements necessary for the installation of these projects have been obtained either through condemnation, final platting of the Overhill Farm Addition or negotiation with the affected property owners. Detailed plans and specifications have been prepared and are being presented to the Council for. their approval in anticipation of advertising for bids to allow construc- tion to begin approximately June 1. The Director of Public Works will be available to discuss in detail these plans and specifica- tions at the Council meeting. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the plans and specifications for Contract 82-1 and authorize advertisement for bids with a bid opening scheduled for 10:30 a.m. Tuesday, April 27, 1982. CONTRACT 82-2 E. Contract 82-2, Receive Bids/Award Contract (Briar Hill Fourth Addition Streets & Utilities) -- At 10:30 a.m. on Tuesday, March 30, bids were received for the above referenced contract. A bid tabulation is enclosed on page %5 for your information. The tabulation shows the comparative ana sis of the bids in relation to the feasibility report and the engineer's estimate, together with the appropriate percentage overrun/underrun. ACTION TO BE CONSIDERED ON THIS MATTER: To receive the bids and award Contract 82-2 to Richard Knutson, Inc., in the amount of $189,104.95 and authorize the Mayor and City Clerk to execute con- tract documents. an OUR FILE NO.: 49234 BRIAR HILL 4TH ADD. -PROD NO 343 UTILITY & STREET IMPROVEMENTS CITY CONTRACT 82-2 FAGAN, MINNESOTA BID TIME: 10:30 A.M.. C.S.T. BID DATE: Tuesday, March 30, 1982 Feasibility Report Engineer's Estimate Low Bid % Over (+) or Under (-) Feasibility Report M $197,940.00 255,000.00 189,104.00 4.5% (-) CONTRACTORS TOTAL BASE BID 1. Ridiard Knutson, Inc. $189,104.95 2. Orfei & Sons, Inc. 212,883.06 3. .Austin P. Keller Construction 214,143.00 4. Burschville Construction Co. 222,741.25 5. Ervin Montgomery Construction Co. 223,733.50 6. Nodland Associates, Inc. 223,914.50 7. Bariiarossa & Sons, Inc. 225,590.00 B. Northdale Construction Co. 239,875.75 9. Hardrives, Inc. NO BID 10. Alexander Construction Co. NO BID 11. Bituminous Roadways, Inc. NO BID ENGINEER'S ESTIMATE------------------ $255,000 Feasibility Report Engineer's Estimate Low Bid % Over (+) or Under (-) Feasibility Report M $197,940.00 255,000.00 189,104.00 4.5% (-) Agenda Information Memo April 2, 1982 Page Twenty -Eight I-494 MnDOT PLANS & SPECS F. I-494, Approve MnDOT Plans & Specs (T.H. 55 to 0.35 Miles West of T.H. 149) -- The City has received detailed plans and specifica- tions from MnDOT pertaining to the easterly progression of I-494 between T.H. 55 and T.H. 149. This provides for the grading, storm sewer construction, paving and construction of four related overpass bridges near the interchange with I -35E. These plans have been reviewed in detail by the staff and found to be in conformance with all previous requests of the City of Eagan. The scheduled bid opening for this project is set for April 23, 1982. Therefore, MnDOT requires approval of these plans and specifications and passage of a resolution to that effect prior to April 12. ACTION TO BE CONSIDERED ON THIS MATTER: To pass a resolution approving plans and specifications for S.P. 1985-74(494=393) and authorize the Mayor and City Clerk to execute said resolution. s/Thomas LiHed es City A minstrator MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS • FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 2, 1982 SUBJECT: INFORMATIVE Designation of Health Officer Mayor Blomquist has received a letter notifying the City that Dr. Dunn is no longer serving as health officer for the City of Eagan since he is no longer practicing at the Eagan clinic. The new physician, Dr. Douglas G. Knight, a family practitioner, is in- terested in serving as the Eagan health officer and would be the representative for the Eagan clinic to replace Dr. Dunn. City Administrator Hedges will suggest procedure for the appointment of a health officer, realizing Dr. Dunn's resignation. Enclosed on page q_ is a copy of the letter to Mayor Blomquist. Peoples Natural Gas Company A letter was received from Peoples Natural Gas Company notifying the City that another gas rate increase has been filed with the Minnesota Public Utilities Commission which will be placed into effect with new rates on May 1, 1982. The letter is enclosed on page at)_ and is self explanatory. Public Works Department Policy for Water Shut Off The Director of Public Works has prepared a water shut off policy which is a policy that the City has administratively implemented. The City Administrator and Director of Public Works would like the City Council to review the policy, and upon concurrence, the policy will be continued. There is no formal action required by the City for consideration of the policy enclosed on page City Forestry Program At the special budget meeting held., on February 25, 1982, there were some ideas discussed by members of the City Council in regards to a replanting/City forestry program. The various ideas, throughts and suggestions were shared with the Director of Parks & Recreation by the City Administrator as requested by the Council. Enclosed on pages q 2, through 94 is a report provided by Director of Parks & Recreation Vraa which provides information and response to those ideas about the City forestry program. OR Informative Memo April 2, 1982 Page Two Architectural Firms for City Hall Expansion Tours were conducted on Wednesday and Thursday, March 31 and April 1, through the assistance of the Administrative Interns and Building Inspection Department for the nine (9) architectural firms who expressed interest in submitting a proposal to the City for the City Hall expansion. Those architectural firms are Mike Gottsacker, Architectural Alliance; Carol Lazo and Will Johnson, BWBR Architects; Bob Burow, Burow Architects; Shashi Suri, Suri Architects; Jack Boarman, Boarman Architects; Duwayne Kasma, TKDAA Architects; Tim Geisler, Design Consortium; Bob Johnson, Kilstofte Associates Archi- tects; and Jim Horne, Horne Architects. As the City Administrator explained in a recent memo that provided a copy of the proposal and background information sent to the architects, the proposals must be received by April 9, 1982. The City Administrator will provide detailed updates regarding the selection and screening process for the architects. s/Thomas L. Hedges ittyy A3ministrator RUO 'M,Al{ v ,;i J" Catherine Soderquist, M.D. Robert C. Dunn, M.D. 'Cedarvale Medical Clinic K. Anusuya Zdenek, M.D. 3908 Sibley Memorial Highway, Eagan, Minnesota 55122 • (612) 452-2230 March 23, 1981 Mrs. Bea Plomquist Eagan City Hall 3795 Pilot Knot. Poad Eagan, MN 55122 RE: Robert Dunn, M.D. Eagan Health Officer Dear Mrs. Blomqu.ist: In the past, Dr. Dunn has served as health officer for the City of Eagan. At this time, Dr. Dunn will be limiting his practice to the West Medical Clinic and no lcnger be coming to the Eagan Clinic. However, we have added a r.ew physician tc our staff here at the Eagan Clinic, Dr. Douglas G. Knight, a family practitioner whc would be interested in serving as the Eagan Health Officer. If you wculd like tc meet with Dr. Knight, please feel free tc contact him at the clinic at your convenience. We hcpe tc be able to continue serving you. Sincerely, Qt*rg9,ison Clinic MR ager kt G o� Affiliated with Ramsey Clinic Associates, P.A. Peoples Natural Gas Company March 24, 1982 To The Honorable Mayor and City Council Eagan, MN 55122 On January 29, 1982, Peoples Natural Gas Company, Division of InterNorth, Inc. ("Peoples") filed with the Minnesota Public Utilities Commission a gas rate increase, pursuant to Minnesota Statute 2168.16. Peoples intends to place the new rates into effect to all of its customers on May 1, 1982. The Public Utilities Commission must decide by January 30, 1983, how much of an increase (if any) will be approved. If the full increase is not approved, the difference between the requested increase and the approved increase, plus interest, will be refunded to customers in a manner to be determined by the Commission. Peoples is also proposing a consolidation of the communities of Rochester, Windom, Mountain Lake, Lakefield, and Worthington with applicable existing Peoples' tariffs to provide more uniform rates throughout the state. An example of the effect of the proposed increase or consolidation on typical bills in your community is as follows: The proposed rates for all other classes of customers will each increase less than one percent due to changes in gas costs. The proposed rates will generate an increase in Peoples' revenues of $6,919,000 or about 3.80%. The staff of the Department of Public Service is conducting an investigation of Peoples' books and records. Public hearings will be scheduled in Peoples' service areas. Counties, municipalities, and individual customers will be notified regarding hearing dates and locations. The proposed rate schedules and a comparison of present and proposed rates may be examined by the public during normal business hours at the Department of Public Service, 790 American Center Building, 160 East Kellogg Boulevard, St. Paul and at your nearest Peoples' office. If you wish to intervene or testify in this case, contact the Office of Administrative Hearings, 400 Summit Bank Building, 310 South 4th Avenue, Minneapolis, Minnesota 55415. Si cerely, G. L. Stamm Vice President 0231R/0227R .E Present Annual Proposed Annual Cost Cost *General Service Residential $ 502 $ 556 **General Service Commercial/ Industrial $1,667 $1,842 *Annual Usage of 1,260 Ccf (100 cubic ft. of gas) per year. **Monthly Usage of 363 Ccf (100 cubic ft. of gas) per month. The proposed rates for all other classes of customers will each increase less than one percent due to changes in gas costs. The proposed rates will generate an increase in Peoples' revenues of $6,919,000 or about 3.80%. The staff of the Department of Public Service is conducting an investigation of Peoples' books and records. Public hearings will be scheduled in Peoples' service areas. Counties, municipalities, and individual customers will be notified regarding hearing dates and locations. The proposed rate schedules and a comparison of present and proposed rates may be examined by the public during normal business hours at the Department of Public Service, 790 American Center Building, 160 East Kellogg Boulevard, St. Paul and at your nearest Peoples' office. If you wish to intervene or testify in this case, contact the Office of Administrative Hearings, 400 Summit Bank Building, 310 South 4th Avenue, Minneapolis, Minnesota 55415. Si cerely, G. L. Stamm Vice President 0231R/0227R .E TO: THOMAS L. HMrMS, CITY ADMINISTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: MARCH 19, 1982 RE: PUBLIC WORKS DEPARTMENT POLICY - WATER SHUTOFF On this date, the Public Works Department had to turn off the water supply to a resident within the City due to nonpayment of their utility bill. While this is not the first time that the City has had to do this to insure collection of its utility bills, it occasionally does happen. Therefore, I felt it best to advise you as to our procedures and policies that lead up to this final water turn off in case you or any Councibneiiber might be con- tacted by the affected citizen after City Hall business hours. After a utility bill becomes delinquent due to nonpayment after its due date, a penalty notice is sent to the occupant informing them of the past - due balance. If there is no response to the first penalty notice, approx- imately 2 weeks later a second penalty notice will be sent to the occupant. Throughout this process, several attempts are made by the Utility Billing Clerk to contact the individual by phone during normal business hours. If there is still no response or inaction, a water shutoff warning will:be left on the front door by a Water Department personnel. If, after two weeks, there is still no response, a second notice is left at the residence. Con- tinued attempts by the Utility Billing Clerk to contact the individual by phone will be continued. If there is no response to this second notice left at the residence, a "water shutoff notice" (3rd notice) will then be delivered to the residence and the water will be scheduled to be turned off 7 days later. If, by the date of the scheduled water turn off, there is still no positive resolution to the delinquent bill, the Public Works De- partment will send a Utility personnel during business hours out to turn off the water. Notification is then left with the Police Department of the City's actions should they receive a call after City Hall business hours. Collection fees of $5.00 are added to the bill if it requires a City personnel to.go to the site to collect the delinquent water bill. We feel that this procedure provides adequate opportunity for the indivi- dual to respond to the delinquent bill. This only occurs if they fail to contact the City to make some type of arrangement for paying off their delinquent bill. If there is a financial hardship, the City does make arrangements to provide for installment payments and offers information referring them to the Dakota County Human Services Department for poten- tial public assistance. Please inform me if you or the City Council would like this policy revised. Otherwise, we will continue with this policy as it does seem to be effec- tive. TAC/jade 91 cc - I-Orna Olson, Utility Billing Clerk March 16, 1982 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR 4 1,J FROM:- KEN VRAA, DIRECTOR OF PARKS AND RECREATION r RE: CITY FORESTRY PROGRAM This report is intended to give the members of the Eagan City Council current information concerning the Forestry Program in Eagan. Three broad topics will be covered. These topics are: Shade Tree Disease Control, Re- forestation of Parks and other City Property, and Parks Tree Maintenance. SHADE TREE DISEASE CONTROL Responding to an epidemic of Oak Wilt and Dutch Elm disease, the Minnesota Legislature enacted Minnesota Statute 18.023 in 1974. This law authorizes each community to conduct a shade tree program. In the same year the Eagan City Council passed Ordinance 53. This ordinance relates to the control and prevention of shade tree disease on public and private property in the City of Eagan. In accordance with this State Statute and City ordinance, the City Forester established a shade tree disease control zone covering most of the fully developed residential areas within the City. It is the duty of the City Forester to inspect all the trees in this control area andmark for removal any diseased and/or dead and dying Oak and Elm trees. By talking with home owners about trees and tree diseases in the urban environment, the City raised the consciousness of residents for the need for care and the value of trees in the City. By offering residents a free diseased tree disposal site, by marking diseased trees, and by talking to and educating the public, the department is trying to prevent the spread of these tree diseases and protect the urban environment in residential areas. In 1980, 50 Oak trees were marked for removal along with 123 Elms from the control area. In 1981, 49 Oaks and 290 Elm trees were marked in the same control area. The increased incidence of Dutch Elm disease in 1981 is most likely due to the mild winter of 1980-81. Of the trees marked in 1981, 17 were within City street right-of-ways or boulevards, but action taken by the City Council during the summer of 1981 determined the removal of these trees was the responsibility of the owner. In 1982 the City can expect the number of trees marked for re- moval will increase as a result of the spread of Dutch Elm disease in 1981 and the addition of new residential areas to the control zone. REFORESTATION OF PARKS AND OTHER CITY PROPERTY In 1981, 111 trees were planted on City property, including the police station and in City parks. The total cost of these trees was $8,500.00. These trees came from a variety of sources such as Twin City Tree Trust, Minnesota Valley Nursery, and the City's own nurseries operated by the Parks and Recreation Department. Most of the trees purchased for reforestation were 2" or 2'h" in diameter stock. (Large stock has been favored rather than whips of 1" or 1V stock for several reasons) Although, each individual tree cost more, the larger stock is easier to handle, less susceptible to wind, ice, and vandalism, has a higher survival rate and larger stock adds to the aesthetic quality of the park much sooner than smaller stock. Of all the trees planted in 1980 and 1981 the only severe vandalism or damage occurred to 1 inch or smaller diameter trees. Smaller stock will continue to be evaluated for suitability of use with each particular application. 92- City Forestry Program - Memo March 16, 1982 ' Page 2 After the devastating 1980 storm, one of the City's most scenic parks, Cedar Pond Park, was almost barren. Gone were the large Oaks and Box Elder trees that once adorned the park. In the two years since the 1980 storm - 29 trees have been planted in Cedar Pond Park. All have been 2" - 2'h" stock and all the trees are already adding to the beauty of the park making it an attractive enhancement to the City. Along with the trees planted in the parks in 1981, another 452 seedlings were planted in a nursery in Patrick Eagan Park. These seedlings were free to the City by way of the Minnesota Department of Natural Resources. Un- fortunately, the variety of species from which to select is limited to Norway Pine, Green Ash and soft Maple, but these species do have useful application in a well defined landscaping program. There are nearly 2,800 trees and shrub seedlings in City nurseries. Of these trees and shrubs, approximately 100 Green Ash, 20 Norway Pine, 5 Ponderosa Pine and 20 Honeysuckle are nearly of suitable quality and size for transplanting. Although there will be some mortality, within the next two years. it can be ex- pected that close to one-quarter of'the City's surviving stock will be an acceptable size for transplanting. Within five -six years about half of the stock will reach suitable size. (A completed estimated nursery 'inventory is included with this report.) The reforestation program will continue to use existing stock from the City's nursery that are both suitable and acceptable in size. However, it will be necessary to continue to adjust the program with sizes and varieties from contractual sources. PARK TREE MAINTENANCE There are an estimated 1,100 trees in the maintained portions of the City's parks, as well as at various locations on public property throughout the City. Each of these trees requires care and maintenance. Whenever a new tree is planted the tree is wrapped, staked, and given adequate wood chip mulch around its trunk. As with all newly planted trees, the smaller trees are staked to protect them from wind and vandalism. Each year every tree that is susceptible to sunscald is wrapped for the winter months with a protective tree wrap. In 1981 over 300 trees were wrapped for the winter. Aside from staking and wrapping, each tree and shrub is inspected for disease and pruned each year if needed. Small trees require pruning so any structural defects can be corrected or pruned out while the tree is young, thereby avoiding future problems. Along with staking, wrapping and pruning of trees and shrubs the City Forester is also responsible for watering young trees during the summer. This is usually done with Unit 11312, the Parks and Recreation Department's tank truck. In summation, the Forestry Program in Eagan is actively trying to maintain and enhance the City's environment through tree care and reforestation program, as well as trying to reduce the incidence of tree diseases from residential areas. 93 NURSERIES 1981 PUBLIC WORKS COUNTRY HOME PILOT estimPATRRICK EAGAN SPECIES GARAGE HTS. PARK PARK is PARK CARNELIAN NORTHVIEW TOTAL PARK PARK Norway Pine 200 0 0 283 0 134 617 Ponderosa Pine 23 0 15 2 0 5 4S Jack Pine 0 0 0 0 0 33 33 Red Cedar 0 10 0 0 0 45 45 White Cedar 0 0 0 154 0 0 154 Spruce 143 28 0 0 36 90 297 Green Ash 290 0 178 269 0 132 869 1 Caragana 0 0 0 86 0 149 235 I Amur Maple 212 0 0 40 0 0 252 Silver Maple 0 0 130 0 0 0 130 Honeysuckle 0 0 0 120 0 0 120 Weigela 0 0 0 20 0 0 20 TOTAL 868 28 323 974 36 588 2,817 S ADMINISTRATIVE AGENDA EAGAN CITY COUNCIL REGULAR MEETING EAGAN, MINNESOTA CITY HALL APRIL 6, 1982 CITY ATTORNEY 1. Discussion Regarding Assessment Appeals CITY ADMINISTRATOR 1. Quotations for Installation of Warning Sirens DIRECTOR OF PUBLIC WORKS 1. Contract 81-1, Hours of Operation & Field Office Location Request 2. Public Works/Parks Maintenance - Fuel Dispensing System 3. Disposal of Excess City Property for Lot 12, Block 2, McKee Third Addition 15 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 5, 1982 SUBJECT: ADMINISTRATIVE AGENDA & SUPPORT INFORMATION CITY ATTORNEY 1. Discussion Regarding Assessment Appeals -- City Attorney Hauge has provided an outline of six (6) assessment appeals that are pending with the City of Eagan at the present time. In some cases, the data provided is informational and in other cases, the City Attorney or administrative staff requires direction from the City Council. City Attorney Hauge will provide background and request certain direction from the City Council regarding this memorandum. The memo is enclosed on pages /00 through 10'L for your reference. CITY ADMINISTRATOR 1. Quotations for Installation of Warning Sirens -- Mr. Dale Grimes, Dakota County Emergency Services Director, has mailed out informa- tion and specifications for the installation of four (4) new sirens in the City of Eagan and also warning sirens in Mendota Heights and West St. Paul. Due to the fact the quotations were not opened until late Friday, April 2, 1982, and the review has not been com- pleted, the information will be provided by the City Administrator at the meeting on Tuesday. The City would like, however, Steve Nelson Electronics to install the radio control units that activate the sirens and encoder since he has installed all other equipment on the present sirens. The charge for that part of the system is approximately $500. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the low quotation as recommended by the Dakota County Emergency Services Director for the installation of four new sirens and also to approve the installation of radio controls to Steve Nelson Electronics. DIRECTOR OF PIBLIC WORKS 1. Contract 81-1, Hours of Operation Request -- The City has received two Keller Construction Company pertaining t Operations 9(o and Field Office Location requests from the Autin P. o Contract 81-1: Administrative Agenda Information April 5, 1982 Page Two . a. Hours of Operation. The contractor would like to request consideration by the Council for allowing his construction operations to begin at 5:00 a.m. and cease at 9:00 p.m. to allow him to work double shifts to allow a speedier com- pletion of this project. The normal hours of operation under Ordinance 8 restrict activity before 7:00 a.m. and after 7:00 p.m. This contract provides for the installation of utilities and the physical relocation of Galaxie Avenue to provide for a new intersection at Cliff Road and Blackhawk Road. The majority of the work will be accomplished within open fields and the only nearby resident that would be affected by these hours would be the Ernest Schindeldecker residence on Galaxie Avenue. The contractor anticipates that these expanded hours would occur from approximately the middle of April to the middle of June. b. Construction Trailer/Field Trailer Location. The contractor wouia a so like to know if the ounce would have any ob- jection to locating a constuction field office trailer on the northwest corner of the intersection of Blackhawk Road and Cliff Road for the duration of this project (April 15 - September 1). This field office would be used by City inspection personnel, MnDOT inspectors, in addition to the contractor's superintendents and foremen. Because of the extensive testing requirements of both the state and the federal agencies, it is anticipated that inspection testing equipment would be contained within this trailer. Therefore, the contractor is requesting this location due to its visi- bility, electrical and telephone services and ease of acces- sibility during construction. If approved, it should be subject to the following conditions: 1. There be no outside storage of materials. Adequate driveway access and/or parking area be main- tained at all times. 3. Portable rest room facilities be provided and maintained. The public works staff supports both requests by the contractor for the following reasons: 1. Expanded hours of operation will provide for a quicker com- pletion of this already lengthily delayed project. A portable field office with telephone facility will provide for better project management and contract coordination. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the expanded hours of operation for Contract 81-1 and the temporary field office location. (See map on page 103 .) 97 Administrative Agenda Information April 5, 1982 Page Three 2. Public Works/Parks Maintenance - Fuel Dispensing System -- Previously, the Public Works Department has expressed concern per- taining to the existing fuel storage/dispensing system for the diesel fuel at the maintenance garage facility. The concerns are summarized as follows: 1. Present gravity feed system requires substantial length of time to fill the City's major pieces of equipment due to the restricted flow rate created by the minimum elevation differential between the low supply in the storage tank and the high elevation of the newer pieces of equipment. 2. The City's Fire Marshal has performed an inspection of the present facilities and has determined that they are illegal and do not meet present fire codes due to the present ele- vated outside storage platform stand. 3. Recent discussions with the City's fuel supplier, Tripp Oil Company, indicate that in the very near future, they will no longer be able to provide daily fuel deliveries to maintain the 500 gallon capacity tank. Subsequently, the Public Works Department has had discussions with several suppliers to determine what would be available to adequately replace the present system with an accepatable means of meeting the City's minimal needs. Based on the City's current fuel usage, it is apparent that the City should proceed with the acquisition of a 2,000 gallon minimum underground storage tank that could be expected to cost approximately $2,500 to $3,000 with a "good, used service station electric pump" being able to be acquired for appro- ximately $500 to $600. With the City maintenance forces being available to provide the installation of this storage tank, the Public Works Director would request that specifications be prepared to receive quotations for a minimum 2,000 gallon underground storage tank with electric pump to be installed by Public Works Maintenance personnel. If the Council concurs with this procedure, the City staff would anticipate having quotations available for Council review by the middle of May. ACTION TO BE CONSIDERED ON THIS MATTER: To authorize the public works department to proceed with the solicitation of quotations for a minimum 2,000 gallon underground fuel storage system with an electric pump to be installed by public works maintenance per- sonnel. W Administrative Agenda Information April 5, 1982 Page Four 3. Disposal of Excess City Property - Lot 12, Block 2, McKee Third Addition -- For approximately eighteen months now, the City staff has been in contact with Shelly and William Lofgren regarding their acquisition of the north half of Lot 12, Block 2, McKee Third Addi- tion as referenced on the map enclosed on page 1Q . This property, presently under City ownership, was acquired t rough tax forfeiture approximately fourteen years ago. With only forty-three feet of frontage, it is currently undevelopable. However, the Lofgrens would like to acquire it to expand the size of their existing parcel (Lot 11) and to subsequently provide adequate maintenance. In researching this item, it was discovered that there is approximately $807.67 in outstanding unpaid assessments associated with this tax forfeited parcel. In applying interest at the rate of 87 per year, the total unpaid balance amounts to $1,615.09. The proper disposition of this piece of City property is summarized in a letter enclosed on pages 105 through 10(o. In response to this letter, the attorney for ER Lofgrens has responded, indicating that they do not feel it would be worth any more than $900 for them to proceed with the involved acquisition process required. That request is contained on a letter enclosed on pages jo7 g through 9 . There- fore, the staff would like to received'rection from the Council as to what amount should be required to be collected from this tax forfeit parcel before they would initiate the resolution de- claring this surplus property and its reconveyance to the state for public auction. It would be to the City's benefit to have this piece of property acquired by the Lofgrens as it no longer holds any benefit or public use for the City of Eagan and is cur- rently a maintenance liability. ACTION TO BE CONSIDERED ON THIS MATTER: To designate a minimum amount to be received for past unpaid assessments and authorize the staff to proceed with the reconveyance of this parcel to the State of Minnesota for subsequent public auction. 11 gAIIGE, Sxrm. EIDE & $ELLER, P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 3900 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Mr. Thomas L. Hedges City Administrator 3795 Pilot Knob Road Eagan, MN 55122 March 31, 1982 Re: Miscellaneous Assessment Appeals Dear Tom: AR" Cone 612 TELEPHONE 454.4224 The following is a summary of several assessment appeals that are pending and the purpose is to inform the City Council of their status and also to get some decisions as to the next step of the appeals. 1. Twin View Manor Assessment Appeal - Project 11264. You will recall that an injunction action was brought against the City to stop the construction of the street and utility improvements in 1980, but just prior to trial, the plaintiff residents dropped their action. On September 15, 1981, the Council held its assessment hearing and 12 property owners appealed the assessment, including about five who had petitioned for the improvement, and also had been very cooperative in the first injunction action. The appeal was scheduled for trial in District Court on April 7, and in our conversations with the attorney for the appellants, he indicates that the property owners intend to pursue their appeal. Therefore, we recommended that because no appraiser had determined benefit at the time of the assessment hearing, that the roll be abandoned and a reassessment hearing be scheduled for May 18, 1982, covering the same parcels. An appraiser will be contacted to get an estimate of cost of the appraisal. The reappraisal should only be on the parcels, however, where the appeals have been filed. 2. Dakota County Assessment - Galaxie Road. The County Board has now paid 50% of the total assessment on the Galaxie project against the Dakota County Park, without interest or penalty. The total assessment was 562,324.78 and the City Council had agreed to defer 50% of the assessment or $31,162.39, until such time as access was acquired from Galaxie Avenue to Dakota County Park for active park land use, with the assessments then being levied to the then existing residential equivalent rates for all of the balance of the 50% frontage. This appeal has now been dismissed. /00 Mr. Hedges March 31, 1982 Page Two 3. Thomas Lake - Carlson Lake Storm Trunk. To date, six appeals have been served. These are from Ketcham, Cjevre, Sanborn, Tschida, Vogen and Kubista. The time to serve appeals expired on March 18, 1982. Ketcham has brought a motion for summary judgment alleging that the method of appraisal is defective. That motion was heard March 18, 1982. Our office has prepared a legal memorandum in opposition tothe motion and has obtained Affidavits of Robert Hutchinson and Thomas Colbert in defense of the City's position. 4. Trudi Johnson - Dodd Road. We have received a decision from District Court Judge Fitzgerald concerning this assessment appeal. The total assessments were $32,323.00. The City's appraiser, Ray Connelly, used a benefit of 830,010.00, the property owner's appraiser, Tom Metzen, appraised the benefit at S11,300.00, and the Court decided the benefit was $11,300.00. He based the determination on the fact that there allegedly is only one buildable lot on the Trudi Johnson property, which has 800 feet along Dodd Road. He stated that he felt that the land was not capable of additional construction due to the high water table. Tom Colbert and Tom Hedges recommended that soil borings be taken of the Johnson property at both the northwest corner and the southwest corner to determine the buildability of the land, but the property owner refused to allow the borings. Again, the City's options are to appeal to the Supreme Court, which does not appear to be practical in this case, to. reassess at $11,300.00 or to reassess based upon a more accurate determination whether the land is buildable. 5. Lester Spencer - Cedar Avenue. You may recall that Lester Spencer appealed the assessments for Silver Bell Road in the sum of approximately $1,650.00. He also brought an action for $5,000.00 against the City, Road Machinery Supply and Barton Contracting Co. As to the latter, Eagan's insurance carrier, Home Insurance Co., is defending the City. Spencer has asked for 51,500.00 and apparently the three have not offered that at this time. He mainly wants from the City a catch basin and some other work around the intersection of Cedar Avenue and Silver Bell Road to correct what he claims are some drainage problems. Tom Colbert and Bob Rosene'have been working with him from time to time. If we don't get the case settled, we will make a motion to dismiss claiming that Spencer did not file an objection timely and, if we are not successful, we would then recommend that an appraiser be hired and that we go through the benefit process through the City Council. 6. Drexel Heights - Project #240'Street 'Improvements. The District Court has returned the assessments to the City and asked that the City reassess the Drexel Heights and Braun property for street improvements in the area. I am told by the attorney for Ralph Wohlers that the Pilot Knob Properties partner- ship is responsible for paying assessments and therefore the other individual property owners,according to his information, will not be directly assessed. Howe@er, they would be noticed because their names appear of record,in most cases, at the present time. Part of the reason for the increased assessments /01 W Mr. Hedges March 31, 1982 Page Three up to $3,800.00 and $4,467.00 per lot was due to the delay in construction and numerous other reasons. Tom Colbert is preparing a breakdown of costs on the project that may be helpful in determining the City's claims and where our exposure lies. skk Very truly yours, UGEE,� MITH, EIDE 6 RELLER, P.A. Paul H. Hauge �� Z Nos r ba W aoa IM W W IIuj Ir�II °I -a�t//V R 11AlfT ILLJ 1 2 14 AN e ,�e�f•��i5C•A?�a�Ti�2,-�Y�-�+{/�,:�?-J4�S-,.I.iSSY,�•_;S•e�+'� �}.- ... O j� fl I 111 �3 Ia Ix/ a :�..� \/ a° /to Is w ro % > 33 ' Cle �...1_ . / 23 :22121 20: M ,- � S 211, • r �.i. '' 301, 291 29 1 �; 1 WpY' �! q71 I r1 S5NyAJ L...� o_; /12 /t 101. _ Li. j C -7 r' 77 T �j r� ID 0= 'I \.' to/ •11 t f a �B�I00 78 12 78` 7E a 180--- 500 130 y iso 130 Sys. Uf lJs. m I 1 � M w 78 7B K E E F E N 130 78 78 M 10 9 ro ? r O a 0 0 .o io U O O m t a' Z f810- - 78 78 78 78 78 78 -810-- 78 78 78 78 8 7 6 5 - - S. 890 29' E. 990.00-- C, 90.00-- 78 78 78 78 78 1 7, 10' 4 3 : _ N 102 I N � ail r � A 78 78 I 78 r — F STREET 10 78 78 7878 4 3 2 I I acr i _ 4- CAP-SoN /97152RE J Cd TT l_0 BEA BLOIMOUIST YAYOR THOMASEGAN CITY OF EAGAN JAMES A. SMITH JERRY THOMAS THEODORE WACHTER ,NS PILOT KNOB ROAD COUNCIL MEMBERS P.O. BO%]ITN EAGAN, MINNESOTA" ' $5122 March 23, 1982 PHONE 454-8100 - SHET.TF.Y ICEMEN 2896 LEKIlT.mm AVE S EAGAN MN 55121: Re: LOP 12, BLOCK 2, MCKEE 3RD ADDITION Dear Ms. Lofgren: In response to your letter of March 5, 1982, I am forwarding to your agreement to be executed by you and Mr. William Lofgren pertaining outstanding special assessments associated with the above -referenced within the City of Eagan. THOMAS HEDGES CITY AOMINISTMTOR EUGENE VAN OVERSEKE CITY CLERK attention an to payment of parcel located Our City Attorney's office has informed me, after researching the title to the pro- perty that the City currently holds, that the only way that the City can dispose of title to this property is through a reconveyance of the property to the State of Minnesota for public auction. This results from the fact that the Citv acquired title to this property through a tax -forfeiture procedure. Subsequently, State law requires that disposal of this property must be through public auction through the reconveyance to the State of Minnesota. There is no other way that clear title to this property can be acquired other than this referenced procedure. Therefore, before the City Council will process the resolution reconve_ving this for- feited land to the State of Minnesota for public auction, we will require that the enclosed agreement be executed whereby the City will be assured that the past out- standing special assessments will be reimbursed. Normally, these past outstanding assessments are paid off frau the proceeds of the lot from the public auction sale, However, because it is not anticipated that this lot would generate much interest through public auction, we want to have the assurance that the assessments will be paid off through execution of the attached agreement in case the high bid is not sufficient to cover these outstanding assessments. Because this lot is not buildable and there is no other practical use for it but to be acquired by Lot 11, we feel that you will be able to easily acquire it for a Dri nimal price at the public auction. In summary, while we feel that going through the reconveyance of this property to the State of Minnesota for public auction may be cumbersome, we feel that it will not result in extra costs to you other than the outstanding special assessments that you have agreed to pay in concept through your ,,written offer of March 5, 1982. Our calculation of the outstanding special assessments tocrether with interest due from the date of imposition of said special assessments will amount to $ 1,615.09* which is through April 30, 1982. *(Principal - $807.67, Interest - $807.42) to S THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. Shelley Lofgren March 23, 1982 Page two We will await receipt of the executed attached agrearent before processing the recon- veyance resolution to the City Council to initiate the public auction process. If you have any Questions pertaining to this letter, please feel free to contact me. Sincerely, 0 ld P.E. Director of Public Vbrks TAC/jach cc - Brad Smith, City Attorney's office Ann Goers, Special Assessment Clerk IAA WILLIAM E. BOWEN 40 PARK. LANE MINNEAPOLIS. MINNESOTA 55416 612-925.1775 ik{ I,% April 1, 1982 Mr. Thomas A. Colbert, P.E. Director of Public Works City of Eagan 3795 Pilot Knob Road Post Office Box 21199 Eagan, Minnesota 55122 Re: Lot 12, Block 2, McKee 3rd Addition Mrs. Shelly Lofgren Dear Mr. Colbert: I represent the above -captioned individual, and her husband, William Lofgren, with regard to the above - referenced property. The Lofgren's and I both thank you for your letter dated March 23, 1982, concerning the subject property. With regard thereto, Mr. and Mrs. Lofgren are interested in acquiring the property in question as an addi- tion to their lot. The City of Eagan should understand, however, that their interests in such regard are not monetary in nature, i.e., the lot is not buildable and is not being purchased for resale. Their only interest is to improve the appearance of their property by making the yard larger, and to remove the problems that have been caused by this lot being somewhat casually maintained by the city. Mr. and Mrs. Lofgren are not interested in the property, however, if they would be required to pay more than the $900.00 sum referenced in their letter to you dated March 5, 1982. This is based upon the fact that (i) the lot is not being purchased for immediate economic gain, and (ii) they will be required to spend a substantial sum in quieting title to the property based upon the tax -forfeiture proceeding. I would hope that the City of Eagan would be inter- ested in pursuing this arrangement with Mr. and Mrs. Lofgren even though the full sum of assessments and interest would not /07 n Mr. Thomas A. Colbert, P.E. April 1, 1982 Page Two be recovered. The transaction would place the property on the tax rolls and would remove any costs that the city would have in maintaining the same in the future. _ I would really appreciate it if you would review this proposal with the necessary parties involved with the city and get back to me at your convenience so that we might discuss. Thank you for your cooperation and courtesy extended thus far. Sincerely, W 11iam E. Bowen •IJ MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 5, 1982 SUBJECT: ADDITIONAL INFORMATION FOR 4-6-82 CITY COUNCIL MEETING DEPARTMENT HEAD BUSINESS C. Park Department - Item #1: graphical error on pages—of $24,750.00 should be $42,750.00. Please note that there was a typo - the packet. The figure noted as Item #2: Enclosed on page 11-A is a map showing the area desired or acquisition of the I -35E ght-of-way and acreage to be dedica- ted by the Unisource Corporation. OLD BUSINESS OLD BUSINESS B. Conditional Use to Allow More than Three Amusement Devices at Cedarvale Shopping Center -- The applicant, Mr. Sam Nilva, repre- senting National Amusement Company, is unable to attend the City Council meeting tomorrow evening "due to circumstances beyond his control". He has submitted a letter which is addressed to the City Administrator and City Council. A copy is enclosed for your review and referred to as pages 43-A and 43-B. Mr. Nilva was unable to attend the last City Council meeting —and --did request a continu- ance until the April 6, 1982 meeting. Merchants at the Cedarvale Shopping Center have been advised that this item would be considered at the April 6, 1982 meeting. NEW BUSINESS E. Hilltop/Temporary Sales Office mation memo of April 2, 1982 on map describing the sales office the small trailer is enclosed as -- As stated in the page 80, a copy of location and also agenda infor- the location a picture of page 81-A for your reference. is / � aii•.nv �i.I IIJ� 1 • ' A o rl z ♦ > - m f O. py •,y .a %Y . t Y Y • M M � - F M u ..•. 1 ... �. ` �:... t ..•. r p. • 11. . Iq_ 4t r 1 f: li•) /d ry .u'�'"• .. W--Rw.—I� "•.;• SON . - r 1, ,, •w.. `._ e N -i � f � .�: .r t ( t � �i C ,� ' i�, etiti � 1 t .w. ��J. r• < rig •� _ . � i NATIONAL AMUSEMENT COMPANY 3924 Louisiana Circle P. O. Box 16206 MINNEAPOLIS, MINNESOTA 55416 (612) 925.3363 April 2, 1982 City Manager and Council City of Eagan City Clerks Office Eagan, Minnesota 55122 Gentlemen: Due to circumstances beyond my control I am unable to attend the council meeting on April 6th where we applied for a game room license at Cedarvale Shopping. Center, is to be discussed. I wish to take this opportunity to state our position on this matter. We have been in the kiddie ride and amusement game business for over forty years. Except for four years in the Air Force from 1941 to 1945 this has been our only business. We have been tenants of Cedarvale Shopping Center since the first day it opened, for business fourteen years ago. We have been there through the tenure of three landlords and many stores have come and gone in that period of time. I know there are a few tenants that object to our operation and our application for an amusement game room.- However, Mike's Shoe Repair and several others who have been there as long as we have, have no objection. In fact they feel it would help their businesses. The objection mainly comes from people like the bowling alley and others who have their own games in their establishments and are afraid of competition. In regard to the bowling alley, where intoxicating beverages are served, I am sure that you as parents would rather see your teenagers in an establishment that is properly managed by an older couple who are members of your community where no smoking, drinking or misbehavior of any kind will be toler- ated. As a matter of fact, one of our bitterest opponents is the snack bar who for some reason thinks we are going to compete with them. We have no intention of doing so and we object strenuously to their selling cigarettes out of a cigarette vendor where no one is on duty many hours of the day including Sundays and evenings. I have seen youngsters not even 15 years of age buying cigarettes from that machine, yet they oppose our operating a clean, no smoking, no profanity, no misbehavior establishment. Let me further state that we operate family amusement centers at 7 -Hi Shopping Center in Minnetonka, the KMart Store in Cottage Grove and St. Louis Park, the Faribo Plaza Shopping Center in Faribault, and we have never been cited once for any problems and we are very proud of our record. As past Commander of Minneapolis American legion Post #1, I am quite capable of finding people, usually veterans, to operate our establishments with a tight fist. I do not feel that the tenants of any shopping center have the right by petition or otherwise to prejudge what my business establishment will do for the community. All we are asking for is a trial period and let me assure you that our landlord has much more to lose than any of the tenantsifwe do not operate our establish- ment according to the rules and regulations of the community. We are the ones who will have the investments there and if the room becomes a nuisance I am sure we will be asked to depart. All we ask is a fair chance to prove that we can be good neighbors and add something to the community as a whole. Trusting you will give us the opportunity to prove what we say, we remain yours truly., i Sam G. Nilva National Amusement Company SGN:ls 5 N 3 SJ (O1Y.AK. CO. MONUMENT - -- 1233.17 --- 580.17 N0021'39"E CO. '10. '31 PILOT 'Kz ,,_..19.71 --' : 1791 .._-___—__._.... ...—.—_.._...... � .. __ 1__:-"`i a IS 3000 n tl 75 a 174.74". N0005'35"E SB0.10 � YID IG �.1 E :W 110.10 B E - R:5' COUNTY 2(9.45 X132 'ROAD Do M Uo•C O oW, a 0 OC PI LOT:' �IJ�Q—+ N �1 156E :KNOB _.. �o 75.00-4 o I� L„ < 9.67 W UIN 2 1 a o k .. n` C` W. M. ~ A C� N 0 ' � •.. C Ip y ,. �r r o �- W o z LD I m a L Ci a o m'' Y ' ria .;' -•, I I - 7 s 1 I,. 1Y5Y1��1'e .. 1 002 O Y 32 Y,`I I 1 L-99.74 _ 4 A-21— 324970"` F 1'zl v Y " R T '� - N -�} o V67 4( 75.00• —.T166.67' " • 1. i :'l:.:J... a 174.74". N0005'35"E 17474 N0005'35 ;.E R:5' 66.23 106.51 — }j 2(9.45 X132 Do M Uo•C O oW, a 0 OC D �IJ�Q—+ O r— v .A ? D o �o y z o I� L„ < I W UIN 7500 - 3579 ---- o —521,29 m m irn• Ln 0.0 "Mi a�'j?— AI�- m MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 5, 1982 SUBJECT: TVQ/HBO SUPPLIER TO SINGLE FAMILY & TOWNHOUSE DWELLING UNITS There is no additional information to share regarding the TVQ action to provide HBO for home owners in the Cedar Cliff subdivision as well as adjoining subdivisions. Mr. Steve Darling, who resides in the Cedar Cliff Addition, had informed me last week that he did have a copy of a letter that I referenced in a memorandum last Friday; however, when I received the information today, it was exactly the same as the data mailed out to each member of the City Council last week. Mr. Tom Creighton, our special legal counsel for cable, is in New York and will not return until tomorrow. Therefore, I will not have any additional information from him as to any findings he made since last Friday until the City Council meeting tomorrow evening. i�j.& Q City A ministrator i P AGENDA EAGAN CITY COUNCIL REGULAR MEETING EAGAN, MINNESOTA CITY HALL APRIL 6, 1982 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES III. '6:35 - DEPARTMENT HEAD BUSINESS P.1 A. Fire Department ?.$ B. Police Department P *5C. Park Department P• I2D. Public Works Department IV. 6:55 - CONSENT ITEMS (One motion approves all items) Q.15 A. Conditional Use Permit Renewals I$ B. Service Station Permit Renewals P zo C. Petition Form Approval for Day Care Facilities of Seven to Ten Children Q.23 D. Designation of Deputy Treasurer 23 E. Contract 81-2, Approve Change Order #2 P,24 F. Contract 81L4, Approve Final Payment/Acceptance-`(Windtree, et al, Streets) e,25' G. Reapportionment of Special Assessments B' -A5 H. Receive Petition for Utility Easement Vacation/Set Public Hearing (Ridgecliffe Fifth Addition) (y 27 I. Receive Petition to Vacate Drainage and Utility Easements/ Set Public Hearing (Barringer First Addition) P 241 J. Contract 80-7, Approve Final Payment/Acceptance (Windcrest, et al, Utilities) '14K. Receive Petition/Set Public Hearing for Vacation of Drainage & Q Utility Easement (ECIP 3rd Addition) V. 7:00 - PUBLIC HEARINGS VI. OLD BUSINESS ?,31 A. Proposed Amendment to Ordinance 52.07 to Allow Building Heights in -Commercial and Industrial Districts to Exceed 35' and 40' Respectively Under Certain Conditions P,3(, B. National Amusement Co. (Sam Nilba) for a Conditional Use to Allow More than 3 Amusement Devices in a CSC (Community Shopping Center) District, Located in a Portion of the Cedarvale Shopping Center, Located in Part of the NE'y of Section 19 P, 4 AIC. Roger. and Judith Urban for Rezoining from A (Agricultural) to I-1 (Light Industrial) District and for a Preliminary Plat Containing One Lot Located in Part of the SEk of the SE'y of Section 25 (north of Cliff Road in the T.H. 3 Area) e•i}S D. Steven J. Flanagan for Preliminary Plat Approval of Cedar Cliff Commercial Addition, Located in the SWC of the SE} of Section 30, (east of Nicols Road and north of Cliff Road) City Council Agenda April 6, 1982 Page Two VII. NEW BUSINESS P j A. William F. Brandt for Rezoning from A (Agricultural) to R-3 (Residential & Townhouse District) and for Preliminary Plat (LeMay's Lake Addition), approximately 10 Acres.in the SWk of the NW'g of the NW'y of Section 10 (east of Pilot Knob Road & south of Lone Oak Road) Q -10 B. Proposed Amendment to Ordinance 52.06, Subdivision 13, to Reduce the Required Off -Street Parking Spaces in R-3 & R-4 zoning Districts P ,7 Z_C. Request for Variance to Sell Food Beyond Liquor Establish- ment Hours for Southfork Restaurant P.-75' D. Dave Odegaard for Advertising Sign P 150 E. Hilltop Condominium Project - Temporary Sales Office VIII. ADDITIONAL ITEMS I P.$ 2A. Appointment of a Director to the Joint Burnsville/Eagan Cable Commission P.% I -B. Joint Burnsville/Eagan Cable Commission Update g3 C. Insurance Bid Consideration P.gl} D. Contract 82-1, Approve Plans & Specs/Advertise Ear Bids, (Overhill Farm First Addition) A E. Contract 82-2, Receive Bids/Award Contract (Briar Hill Fourth Addition Streets & Utilities) Q 86 F. I-494, Approve MnDOT Plans & Specs (T.H. 55 to 0.35 Miles West of T.H. 149) IX. VISITORS TO BE HEARD (For those persons not on the agenda) X. ADJOURNMENT • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 2, 1982 SUBJECT: AGENDA INFORMATION After approval of the March 16, 1982 regular City Council minutes and special City Council minutes of January 28, February 25 and March 30, 1982, and the April 6, 1982 City Council agenda, the following items are in order for consideration: FIRE DEPARTMENT A. Fire Department -- The Volunteer Fire Department is making every effort to provide copies of monthly reports, executive board minutes and any other action that was taken by the executive board. As a future practice, copies of these minutes and other pertinent information will be provided as informative under Fire Department in each future regular City Council packet. Oftentimes, the Fire Chief is present at a meeting during Department Head Business, and if there are any questions about any of the information supplied by the Fire Department, this is an opportune time to address a particular question or issue. Enclosed for information purposes, requiring no action or discussion, is a copy of the Fire Depart- ment's monthly report for January, executive board minutes for March and a memorandum of executive board action from Fire Chief Childers found on pages Z throughThere are no formal items requiring action _5_y_ ­EF CA ii* e * to be considered at this time. EAGAN VOLUNTEER FIRE DEPARTMENT MONTHLY REPORT FOR MONTH OF January, 1982 WORK PERFORMED • TYPE MAN HOURS Fire Calls' o7n Rescue Calls i1R Training--. ....... Truck b Equipment Maintenance in Station Maintenance i a Fire Prevention 2n Administrative' _v5 TOTAL 2i0i XV, MANPOWER STATION #1 STATION #2 STATION #3 Available Days 14 2 Available Nights 3 Available Rotating 17 17 13 4' 2 TOTAL 36 23 18 FIRE CALLS TYPE NUMBER LOSS Structure 13 Grass 20 $4,0.00 .. 0 Vehicle " '63,300.00 False 6 Other 6 TOTAL 31 $7,500.00 RESCUE CALLS TYPE NUMBER Vehicle Accident p Medical 17 Industrial 0. Miscellaneous p TOTAL_ 17 LARGE DOLLAR LOSSES DATE NAME LOCATION OCCUPANCY LOSS 1-9-82 1-13-82 1939 Gold Trail Vehicle $1,000.00 1-27-82 4711 Tana Pt. Garage 4,000.00 2107 Shale Lane Car 3,500.00 c �itt$ttn ire Pepartment EXECUTIVE BOARD MEETING March 11, 1982 Rick Murphy attended hearing due to 3 bad quarters in training. Excuse was lack of instructor at times and training not good enough. Motion by Childers, 2nd by Giles to retro -active suspension of 30 days - passed. Robert Cruz appeared-" 3 bad quarters on training - down one training each quarter of required trainings. Excuse vacation, out of town work and union activities at Republic Airlines - motion by Schendeldecker, 2nd by Burlingame to excuse all 3 guarters - passed. Duane Gaudette did not appear, but was contacted by J. Adam excuse was weekly out of town work. Motion by Childers, 2nd by J. Adam to excuse all 3 quarters -.passed. Dan Meszaros did riot appear was contacted by Burlingame, planning to move to Inver Grove Heights in near future - motion by J. Adam, 2nd by Burlingame all three quarters be excused, providing we receive resignation by April 1st, - passed, Charles Larson was contacted by J. Adam to appear at this meeting regarding his letter from 27th quarter and suspension. He did not appear and no action was taken. Dan Klingbeil - discussion on 26th quarter which he was down on trainings. His excuse was vacation, sickness and a long court case. Motion by J. Adam 2nd by Giles to excuse all 3 quarters - passed. Jay Berthe appeared - 28th quarter down on fire calls - had evidence that missed calls for 26th and 28th quarters were due to vacation. Motion by J. Adam 2nd by Perron to excuse - passed. Jay "Chip" Berthe appeared - down 1 training 25th quarter 1 fire 27th quarter and 1 training 28th quarter. Excuse vacation, huntion trip when car broke down. Motion by J. Adam, 2nd by Giles to excuse - passed. V Respectfully submitted, C' t Robert Childers 3940 Rahn Road • Eagan, Minnesota 55122 3 THE LONE OAK TREE — THF. SYMBOL OF STRENGTH S- GROWTH IN OUR COMMUNITY ' iagan ire Beyartment MEMO TO: Tom Hedges City Council FROM: Robert Childers DATE: March 23, 1982 In recent Executive Board action Dennis Hunter was dropped from station #3 due to a change in working hours. Dan Meszares resigned from station 111 due to moving to Inver Grove Heights. Dave Close resigned from station 02 due to personal -problems. As a result our man power was cut to 74. We have recently started a rookie class of five as follows: P Janet B. Linkert, 4255 Pilot Knob Road, station 03 days, Louis B. Olsen 1807 Walnut Lane, station #3 days, Michael Juen 3101 Hwy. 55, station #2 days, Dan Schaffhausen 1325 Quarry Lane, station #2 days and Mark Stevenson 2071 Garnet Lane, station U1 mights. We feel Mark will be an asset to the department due to'his job with Peoples Gas Company. ''He will be able to respond from his job and he works throughout the City. He will be assigned to nights for training, but may be counted as a day responder. Sincerely, Robert Childers Eagan Fire Chief RC/ph 3940 Rahn Road • Eagan, Minnesota 55122 THE LONE OAK TREE — THE SYMBOL OF STRENGTH & GROWTH IN OUR COMMUNITY Agenda Information Memo April 2, 1982 Page Two POLICE DEPARTMENT B. Police Department -- The Police Department has scheduled Satur- day, May 22, at 10:00 a.m. to hold the annual police auction. The auction will again be held on the front parking lot of the police station. According to Ordinance 22, it is required that notice of the auction be published in the paper ten days prior to the event. Chief DesLauriers plans to use the proceeds to con- tinue completion of the basement evidence room at the police depart- ment building. There is no action required on this item. There are no additional items for the Police Department at this time. PARK DEPARTMENT C. Park Department -- Item #1: Hiring of Park Master Plan Consul- tant -- At a special City ouncil meeting held jointly with the Aa—visory Parks & Recreation Committee on Tuesday, March 30, 1982, two (2) firms were interviewed for the purpose of preparing a city wide park master plan. The two (2) firms were Brauer & Associates and Erkkila & Associates. Following the interviews, the City Coun- cil and Advisory Park & Recreation Committee members reviewed the two (2) firms in detail and it was the consensus of both the APRC and the City Council that Tim Erkkila & Associates be hired subject to a review and renegotiation of his quotation to perform the work. The City Administrator and Director of Parks & Recreation were directed to analyze the quotations and present a fact sheet to the City Council for consideration at the April 6, 1982 regular meeting. It was also the consensus of the City Council that, upon review of the cost breakdown, a motion would be considered to hire Tim Erkkila & Associates subject to a final review and recommenda- tion of the APRC regarding the exclusion of certain services as bid in the proposal submitted by Erkkila & Associates. Therefore the final cost and a list of the services to be performed by the consul- tant will be discussed with action considered by the City Council at the April 20, 1982 City Council meeting pending a recommendation by the APRC as a result of their findings at their next regular meeting to be held on April 8, 1982. Enclosed on pages (, - 9 is a copy of a cost breakdown analysis performed by the Director of Parks and Recreation and reviewed by the City Administrator for City Council review. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the hiring of Tim Erkkila & Associates to perform a city wide park master plan subject to final review and negotiation of services and cost for services as recommended by the APRC. .s April, 1982 MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ADVISORY PARKS AND RECREATION COMMITTEE TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: MASTER PARKS GUIDE PLAN At the conclusion of the March 30th meeting, direction was given to review the proposed fee schedule and scope of services with Mr. Erkkila of Erkkila and Associates, to see what revision could be made. This review has now been concluded. In the process of the review, it was the intent to revise, delete, defer or refer to staff, those items that would reduce costs and yet maintain the in- tegrity and end product quality anticipated in the document. In presenting this to you for review, you may wish to refer back to the Scope of Services as an aid. Review is made of each segment within the Scope of Services, the proposed change and saving made from the originally proposed fee schedule. Section I: Inventory and Analysis Change: City Planner to collect and prepare update on demo- graphic analysis of each service area; do projections under direction of consultant. Rationale: .This is one area not previously indentifiable as being done by staff. The planning direction will be involved __ in other aspects of the project. Additional work be- yond this does not seem advisable nor appropriate to the consultant. Saving: $400.00 Section II: Neighborhood Workshops Change: Director of Parks and Recreation and Advisory Committee members (1 per session) to play increased role. 0 Page 2 t -Rational: Consultant has concluded that a reduction could be made with the knowledge that staff can prepare and take an active part in group sessions. I Saving: $1,000.000 Note: It was also agreed that consultant and staff will con- duct one additional city wide meeting. This will allow those residents who were not able to attend their area meeting an opportunity to meet. This session will also include those groups who wish to represent special group needs. Section V: Public/Private Recreation Study Refer: Date collection to Advisory Committee Rationale: Advisory Committee members could be assigned specific areas for review/data collection. Consultant and dir- ector of parks and recreation to act as "supervisor" to direct collection input; user types, availability, etc. Consultant to do analysis, input, policy recommendation, etc. Saving: $900.00 Section VI: Special Use Facility Change: Refer issue relative to Ice Arena/Pool to Director of Parks and Recreation; all other issues to remain responsi- bility of consultant. Rationale: The Director of Parks and Recreation has had 12 years direct experience with pools/arena. Consultant will act as "supervisor" for this plan segment as well as perform- ing other special us facility study. Saving $900.00 Section VII: Preliminary Plans Change: Delete 2 undeveloped park concept plans .7 Page 3 Rationale: The Scope of Services called out for development of 111- to 12" concept plans. A limit of 10 concept plans has now been agreed to rather then the 12 that were quoted. If during the planning process a lessor number of parks is to be considered, a further reduction in the contract will then be made. Saving: $1,600.00 Change: Delete 5 graphic revisions. Rationale: The consultant had included an option to revise 10 con- cept plans. Deletion of 5 of these possible revisions would result in a saving. The contract will still pro- vide some funding for 5 plan revisions, if they are not needed a reduction in the contract will be made accord- ingly. Saving: $ 750.00 Section VIII: Final Plan/Documents Change: Reduce copying and reproduction, lump sum estimate. Rationale: The consultant had included a lump sum allocation for printing, reductions, etc. This lump sum has been re - reduced - City to provide copying capabilities for in- ternal and public documents. Sufficient money to pro- duce 50 copyies of the final document revisions. Saving: $2,000.00 Sextion IX: Maintenance Plan Change: Refer to Director of Parks and Recreation for completion; consultant to review and critique; final revision pre- pared jointly. Rationale: This segment of the plan is significant for staff and City officials to better develop an understanding of the long range growth and the interelationship of men, equip- ment and service levels. Because of the frequent opportun- Page 4 1 ities to review aspects of the plan jointly during the process many of these implications will be discussed. Staff can prepare the plan; and present to the consult- ant for review and critique, with revision made as appro- priate. Saving: $2,300.00 Staff also review the elements dealing with ponds and lakes, and horse/ snowmobile trails. No changes were made in these segments as staff would not be able to handle identifiable or seperate tasks. Consequently no changes are recommended. itI- Saving made in the preceding would result in a contract price of $2*,750.00. This fee could yet be reduced during the course of the study as previously indenti- fied. While this fee is still somewhat highter than the proposal from Brauer and Associates, this writer is of the opinion the Erkkila and Associates proposal will provide a broader service in better detail with greater public involvement and is superior7to Brauer. s N Agenda Information Memo April 2, 1982 Page Three Item #2: I -35E Turnback Adjacent to the Mission Hills South/ Vienna oW ods beve opment -- aMinnesota Department o ransportation has responcledto the City's request to convey to the City a storm water pond within the I -35E right of way near the Mission Hills South/Vienna Woods development. The District 9 engineer has indi- cated that the pond can be conveyed to the City for park and recrea- tion purposes. However, the conveyance cannot be implemented until the completion of I -35E construction which is contemplated no earlier than 1984. MnDOT has requested that the City Council adopt a resolution that determines an exact fence location and eventual conveyance to the City of this land. MnDOT will require the City to preserve the ponding capacity below elevation 920 and assume all maintenance and liabilty responsibility for the area. Therefore, it is the recommendation of the Director of Parks & Recreation and City Administrator that the City proceed with a resolution to secure this area, assuming the City will be acquiring the two and half acres of park land committed in the Mission Hills PUD. The City is making every effort to negotiate the two and one-half acres with Unisource Corporation. However, to date, the City has not received confirmation. Rather than hold this item up any longer with MnDOT, it seems appropriate to proceed with the resolution so that part of the acquisition is not delayed at some future date. Enclosed on page II is a copy of the resolution. Enclosed on Monday will be a map showing the area desired for acquisition of the I -33Z right of way and also the acreage to be dedicated by the Unisource Corporation. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the resolution requesting certain I -35E right of way to be conveyed to the City of Eagan for park purposes. I I DRAFT RESOLUTION CITY OF EAGAN WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota was held on the day of , 1982, and WHEREAS, the City of Eagan intends to acquire and develop a neighborhood park within the park service area 31-E commonly known as Mission Hills, and WHEREAS, the Minnesota Department of Transportation has indicated a willingness to convey a ponding area located within the 35-E right -of. -way which is within the park service area, 'and WHEREAS, the ponding area and its immediate surround- ing area is suitable for parks purpose, and WHEREAS, the City is willing to preserve the pond capacity and assume responsibility for maintenance and liability; NOW THEREFORE, upon motion by , seconded by , it was RESOLVED that the City formally request such poncHng area from the Minnesota Department of Transportation for public park purposes. Those in favor: Those against: DATED: Attest: CITY COUNCIL CITY OF EAGAN ` By. Gene Van Over a e, City Clerk Beatta B omquist, Mayor I Agenda Information Memo April 2, 1982 Page Four . PUBLIC WORKS DEPARTMENT D. Public Works Department -- Item #1: 1982 Road Unit Charge (RUC) - Cost Projections -- At time March ounci meeting, tile Z-it�il Eacl some questions pertaining to present projections of revenue from the major street levy and estimated assessment sources as compared to the 1977 projections. The following is a reproduction of that table for the Council's reference for this discussion: FUNDS AVAILABLE FOR MAJOR STREETS Item M.S.A. Funds Major Street Levy Estimated Assessments Road Unit Charges 1977 Projection $ 6,270,000 4,420,000 1,980,000 1,100,000 $13,780,000 Present Projection $ 7,465,000 3,336,000 8,510,000 3,089,000 $22,400,000 Enclosed on pages through Vf is a response from the consul- ting engineeringif'rm explaining tFe_ir calculations for the figures presented in this table. If there are additional questions that are not answered in this response, please contact the City Adminis- trator's office and arrangements will be made to have the consul- ting engineer at the meeting to discuss the item in further detail. 10% .. I I B 2335 W. 7+nwi a44A.a,y 36 $t• A.4 Mk..,ara 55„3 Pkan.i 612-636-4600 March 12, 1982 City of Eagan 3795 Pilot Knob Road Eagan, Mn. 55122 Attn: Mr. Tom Colbert RECEIVED Y'4 iii S �2 a 4ua'4�, Y". __a._..aA O 25dt cel /u �♦ Re: Major Street Construction Program Eagan, Minnesota File No. 49 Gentlemen: Oita G. Banassroo, P.E. Robert W. Rosene.P.E. Joseph C. Anderllk, P.E. Oradlord A. Lemberg. P.E. RlMard E. Turner. P.E. James C. Olson. P.E. Glenn R. Cook. P.E. Keith A. Gordon, P.E. Thomas E. Noyes. P.E. Rkhard W. Poster, P.E. Ruben G. Sehunlehr, P.E. Martin L. Sorvala, P.E. Donald C. Burgardt, P.E. Jerry A. Bourdon, P.E. Mark A. Hanson, P.E. Sieven M. Ouineey Charter A. ErIckwn Leo M. Pawelsky Harlan M. Olson David E. Oban In response to your letter dated March 10, 1982 regarding the major street fund projections. 1. The projections for income received from 1977 through 2000 through the ma- jor street levy were estimated in 1977 to be $4,420,000. The estimates made in 1981 fro the years 1980 through 2005 were $4,398.500 for this same levy. The act of extending the projections from the year 2000 to 2005 combined with inflation actually increased the total amount of the levy to $6,855,000. However, at a combined City Council and Staff meeting it was decided to use 50% of future major street levies for street reconstruction leaving $3,398,500 for new major street construction. 2. In 1977 it was estimated that $1,980,000 would be received in assessments on the major streets to be constructed to complete the system. These as- sessments in 1981 were estimated at $8,510,000, a four fold increase. Since price increases in gasoline and bituminous for roadways caused road construction costs to double from 1977 to 1981, residential and commercial equivalency assessments would also double, which would account for about $2,000,000 of the increase. The balance of the increase was brought about by a change in assessment policy as recommended at the City Council, staff meeting mentioned previously. In the 1977 projections, it was assumed that no assessments would be levied against single family residential property. It was decided that future major street construction would include a residential equivalent assessment to all 8768a Page 1. !3 City of Eagan Eagan, Mn. 55122 Attn: Mr. Tom Colbert Re: File No. 49 March 12, 1982 1 residential property which would greatly increase the potential for assess- ments and would help to hold down the increase in the road unit charge. If you have any further quetions, do not hesitate to call. Yours very truly, BONESTROO, ROSENE, ANDERLIK S ASSOCIATES, INC. Keith A. Gordon KAG:li cc: MAN RWR 8768a Page 2. /I Agenda Information Memo April 2, 1982 Page Five. DNSEN:T'ACENDF There are a total number of eleven (11) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the consent agenda and placed under additional items unless the discussion required is brief. CONDITIONAL USE PERMIT RENEWALS A. Conditional Use Permit Renewals -- Due to the interdepartmental workload, conditional use permit renewals for late 1981 and early 1982 were not presented to the office of the City Administrator for City Council consideration as normally scheduled. The 1981 conditional use permit renewals for the months of October through December are found on page 16 and the 1982 conditional use permit renewals for January and February are listed on page 1-7— All conditional use permit renewals are in order for consideration. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the 1981 and 1982 conditional use permit renewals as presented. is i 1981 CONDITIONAL USE PERMIT RENEWALS OCTOBER Orvilla Homes 3430 Wescott Hills Dr Eagan MN 55123 NOVEMBER Dakota Homes Doug Isaacson 3660 Dodd Rd Eagan MN 55123 DECEMBER John Bushnell 1760 Eleanor Av St Paul MN 55116 Mary Schmidt 1080 Lone Oak Rd Eagan MN 55121 Linda Smith 4028 Rahn Rd Eagan MN 55122 ounce - Date care home sales lot temporary building 4890 So Robert Trail child care center day care /6 1982 CONDITIONAL USE RENEWALS January Merlyn Barfknecht 835 Lone Oak Road Eagan MN 55121 Elroy & Brett Mann 3165 Dodd Rd Eagan MN 55123 Dr Ethel Traxler 1467 Highview Ave Eagan MN 55121 February Dakota Cty Comm Action HRA Dakota Cty Court House Hastings MN 55033 LaPepinere Montessori School 6515 Barrie Road Edina Mn 55435 Council - Date Storage only of tires & supplies in garage. car storage office at home battered women shelter 4750 Nicols Road day care center Easy Street Apts-Silver Bell Road I -I a Agenda Information Memo April 2, 1982 Page Six SERVICE STATION PERMIT RENEWALS B. Service Station Permit Renewals -- There are eight (8) service station renewals in order for consideration. A copy of the 1982 service station renewals is found on page 9 for your review. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the service station permit renewals as listed. f/9 1982 SERVICE STATION RENEWALS Union 76 4195 Nicols Road Eagan MN 55122 Eagan Tire & Auto Center Standard Oil 4205 Nicols Road Eagan MN 55122 Geo Hubers Standard Service 3206 Sibley Memorial Hwy Eagan MN 55121 Mendota Skelly Oil Company 3150 Dodd Road Eagan MN 55121 Q Petroleum 4206 Nicols Road Eagan MN 55122 Sinclair Station 3946 Nicols Road Eagan MN 55122 Superamerica Co Rd 30 & Hwy 13 Eagan MN 55122 Yankee Square Standard 1424 Yankee Doodle Road Eagan MN 55122 i Council - Date /9 Agenda Information Memo April 2, 1982 Page Seven PETITION FORM APPROVAL - DAY CARE FACILITIES C. Petition Form Approval for Day Care Facilities of Seven to Ten Children -- In the fall of 1981, there was City Council action approving criteria which would allow day care facilities in residential districts located within the City. Staff was directed at that meeting to require a special permit for any application of seven to ten children; however, up to seven children would be a permitted use within the residential district. Also over ten children would require a conditional use permit and the application for a conditional use with the Advisory Planning Commission holding a public hearing and approval by the City Council. A draft petition was submitted to the City Council for review; however, there were a number of changes and therefore the petition has been reworked and is now ready for City Council consideration. Enclosed on pages 7.1 through 2 L is a copy of a petition entitled "Petition tor 'Day Careac�iity of 7 to 10 Children". The City Planner and City Administrator feel the revised petition meets with the intent of the City Council by satisfying language in the ordinance. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the petition for a day care facility of 7 to 10 children in accordance with zoning ordinance #52. ZO CITY OF EAGAN PETITION FOR DAY CARE FACILITY OF 7 TO 10 CHILDREN This petition has been prepared by the City of Eagan in accordance with Ordinance No. 52 (Zoning Ordinance). In official action taken by the Eagan City Council on September 1, 1981, the City Council amended Ordinance 52 (Zoning Ordinance) to allow day care facilities with a maximum of six (6) children as a permitted use in a residential district. Day care facilities with 7-10 children are permitted once the applicant has receive a special permit from the City of Eagan. I/We propose to operate a day care facility for no more than ten (10) children at our residence at _ Eagan, Minnesota. This petition fulfills the requirement for notifying the surrounding property owners within 150 feet of the location of the proposed day care facility. The space provided below contains the signatures of the property owners or residents within 150 feet of the proposed day care facility. Name Address 1. .2. 3. 4. 5. 6. 7. 8. 9. 10. I, We have notified all other property owners or residents within 150 feet ofour residence by mailing to or leaving a copy of this petition with them at least ten (10) days prior to the date of the hearing. These persons include the following: Name Address 1. 2. 3. 4. a► Petition for Day Care Facility 5. 6. 7. 8. 9. 10. After this petition has been completed, the City Council will hold a hearing at 7:00 o'clock p.m. on to determine if the day care facility will be allowed at this location. If anyone wishes to make comments regarding this day care facility, please be present at the Eagan City Hall on the date stated above. Besides the special permit which is required by the City of Eagan, the appli- cant must receive a license from the Dakota County Human Services Board and fulfill all the requirements for licensing by the State of Minnesota. I/We, the undersigned, have made application to the City of Eagan for a special permit and have paid the $25.00 fee for the special permit application for a day care facility in the City of Eagan. (Name) (Name) 22 (Address) (Address) j Agenda Information Memo April 2, 1982 Page Eight DESIGNATION OF DEPUTY TREASURER D. Designation of Deputy Treasurer -- Mr. Gene VanOverbeke, Director of Finance, was appointed City Clerk/Treasurer in Janaury 1981. There are times, in the absence of Mr. VanOverbeke, that a treasurer is required at the City Hall. The Statutory Handbook does provide for a deputy treasurer which is appointed by the City Clerk with the consent of the City Council. Mr. VanOverbeke is recommending that the position of City Accountant be designated as Deputy Treasurer and, therefore, the employee who is classified City Accountant, Mr. Ken Damlo, would perform the Deputy Treasurer position in the absence of Mr. VanOverbeke, the City's Treasurer. The City Administrator concurs with the appointment and is recom- mending that the City Council approve the City Clerk's nominee for the Deputy Treasurer appointment. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the appointment of the City Accountant as the Deputy Treasurer to perform the duties of treasurer in the absence of the City Treasurer. CONTRACT 81-2 E. Contract 81-2, Approval of Change Order #2 -- Due to a change in elevations and grading plans for the Duckwood Trails subdivision, the water laterals and hydrant leads installed along Duckwood Trail under Project 221 in 1978 were below the revised elevation requiring an adjustment and raising of the fire hydrant. Because the amount to be adjusted was in excess of 2.5 feet, it required re -excavation, special fittings and special equipment to perform this work. This work was originally scheduled to be part of Contract 80-7 but, due to that contractor going bankrupt, it was performed under Con- tract 81-2, thereby necessitating this change order. All costs associated with this work will be assessed against the Duckwood Trails Subdivision as a part of the final assessments for street construction. (Add $2,008.33) ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny change order #2, Contract 81-2, in the amount of $2,008.33. 23 Agenda Information Memo April 2, 1982 Page Nine J CONTRACT 81-2 F. Contract 81-2, Approve Final Payment/Acceptance (Windtree, et al, Streets) -- Contract 81-2 provided for the installation of streets in the Windcrest First Addition (No. 293B), Windtree First Addition (284B), Duckwood Trail (308B), Twin View Manor (264B), and James Street (275B). This contract also provided for corrective work and completion of unfinished work under change order #1 which was necessitated by the bankruptcy of the contractor under Contract 80-7 which. provided for the installation of utilities in these subdivisions. The City has received certification from the consul- ting engineering firm that all work was performed in compliance with the City's plans and specifications and that the contractor is entitled to final payment. All costs associated with this con- tract will be assessed against the affected subdivisions with the exception that the work performed on James Street ($1,979.40)will be the responsibility of the major street trunk fund as negotiated through the settlement of the assessment appeal for that project. In addition, change order #1 ($13,621.60) will be processed to the bonding company for Contract 80-7. The final construction costs for each of the affected subdivisions is presented here- with as a comparative percentage of over (+) or under (-) as compared to the cost presented at the public hearing as a part of the feasibility report: Windcrest First Addition (Project 293B), - 2.4% Windtree First Addition (Project 284B), - 21.3% Twin View Manor (Project 264B), - 10.5% Duckwood Trails (Project 308B), - 9.2% All work has been inspected and accepted by the consultant and the City maintenance department and any minor corrective items that may be required have been determined to be the responsibility of the contractor through which no additional cost will be incurred. ACTION TO BE CONSIDERED ON THIS MATTER: Approve the seventh and final pay request for Contract 81-2 for $17,850.69 to Alexander Construction Company and accept for perpetual maintenance. 24 Agenda Information Memo April 2, 1982 Page Ten REAPPORTIONMENT OF SPECIAL ASSESSMENTS PARCEL NO. 10-03000-011-25 G. Reapportionment of Special Assessments (Parcel No. 10-03000- 011-25) -- Due to the acquisition of public right-of-way by MnDOT, the property owner has requested that the assessments associated with said parcel be respread over the above referenced parcel. Total assessments to be respread amount to $1,681.84. The applicant has executed the necessary waiver of hearing in a formal request form. Because this requires the levying of an assessment against an existing parcel, it requires formal Council approval. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the request for reapportionment of special assessments to Parcel 10-03000-011- 25 for trunk storm sewer in the amount of $1,681.84. VACATION PETITION - RIDGECLIFFE FIFTH ADDITION H. Receive Petition for Utility Easement Vacation/Set Public Hearing (Ridgecliffe Fifth Addition) -- The City has received a request from U. S. Homes Corporation to vacate an existing drainage and utility easement within Block 13 of the Ridgecliffe Fifth Addi- tion. This is necessitated by the fact that Orrin Thompson Homes has constructed a larger model townhouse than what was anticipated during the platting of this subdivision. Subsequently, it en- croaches one foot into the existing utility easement which must be vacated to accommodate this construction. In consideration, Orrin Thompson will be dedicating an equal one foot easement to maintain the required six foot easement necessary to accommodate the utility services. (Enclosed on page Z 6 is a map.) ACTION TO BE CONSIDERED ON THIS MATTER: To accept the petition to vacate a utility easement over Block 13, Ridgecliffe Fifth Addi- tion and set the public hearing to be held May 4, 1982. as ",.R. WINDEN i ASSOCIATES, INC. LAND SURVEYORS Tel. 645.3646 1381 EUSTIS ST, ST. PAUL, MINN. 55108 TYPICAL MODEL 102 BU/LD/NG 8 EASEMENT LOCATION gl_0C.1t 13, ILt0c,tc.t-1ca ,5*S A0JD Q Deno +c s Porfion to be vaca-ted Denofes Porfion 40 be added Agenda Information Memo April 2, 1982 Page Eleven VACATION PETITION - BARRINGER FIRST ADDITION I. Receive Petition to Vacate Drainage and Utility Easements/Set Public Hearing (Barringer First Addition) -- With the platting of the Windtree Second Addition, the Niakwa Development Corporation joined forces with Gold Medalion Corporation to incorporate the Barringer First Addition, located adjacent to Wescott Road into Outlot A of the Windtree Second Addition. Consequently, the Bar- ringer First Addition is being eliminated through its incorporation into the outlot of the Windtree Second Addition. However, before the final plat for the Windtree Second Addition can be recorded, the dedicated drainage and utility easements around the perimeter of the Barringer First Addition must be formally vacated. Staff has been working very closely with the developer to insure the timely recording of this plat due to the pending installation of utilities in that subdivision. (Enclosed on page pL% is a map.) ACTION TO BE CONSIDERED ON THIS MATTER: To approve the petition to vacate drainage and utility easements for the Barringer First Addition and schedule the public hearing to be held May 4, 1982. a-7 FI:,\91 myf 0 : ../- � r ` 12 ■.i 072 18 • 1 • am y y 1 \'. � 1♦ m . aY 1 JAMES A. HILL INCI a [ .Fi• i. . + r �Il ' p i ry I N .Y • � I I FI:,\91 myf 0 : ../- � r ` 12 ■.i 072 18 • v. •I � 1♦ 1 � 1 aY 1 0 1[Nru yi. wuYw[n ue us wmn nrw ■[.■ 'v s[w. wyM1'r I •y M. MM1•nr �'V fir• N� ry iM1 NM1 [I[ unuir uwml iN (ej00 n ar • OUTLOT A r / Ii;[��lY rM1[ryM1[rn N'/rV 14 ""3e° W 3PW WESCOTT ROAD [ N 66•Z3'26•E 1074.25 rr.'.nM1w n..r rcv � QA227N6E2 i LT ADD 1 [ N 8' IOA [ • ::e S:i?T'. 14n;,;: 1 072 18 •I � 1♦ 1 � 1 1� JAMES A. HILL INCI a SHEET 2 OF 2 SHEETS. .j i. . + r I 1i QA227N6E2 i LT ADD 1 [ N 8' YESCOTT•"• IOA [ • ::e S:i?T'. 14n;,;: 1 072 18 JAMES A. HILL INCI a SHEET 2 OF 2 SHEETS. .j i. . f. • I 1i i ry I v 2 \- '* e tO 5702 NOB -20.33•E • - [•l � N b ' l[• [•V • N __♦ _I YESCOTT•"• IOA [ • ::e S:i?T'. 14n;,;: 66•2S2•E 072 18 JAMES A. HILL INCI a SHEET 2 OF 2 SHEETS. .j i. . f. • I 1i i ry I Agenda Information Memo April 2, 1982 Page Twelve CONTRACT 80-7 FINAL PAYMENT J. Contract 80-7, Approve Final Payment/Acceptance (Windcrest et al, Utilities) -- This contract provided for the installation of utilities in the Windcrest 1st Addition (#293A), Windtree 1st Addition (#284A) and Duckwood Trails (#308A). The City has received a request for final payment through our consulting engineering firm together with a certification of compliance to all plans and specifications. This contract was terminated by Council action on June 16, 1981 due to the bankruptcy of the contractor, C. W. Erickson Construction Company, Inc. There remains $10,492.01 of payment due this contractor for work completed prior to his demise. However, the City has incurred $15,998.35 in costs through Change Order #1 to Contract 81-2 to complete this contract obligation to City standards and/or to correct difficiencies in the work already performed. Subsequently, we are recommending that this contract be closed out and accepted for perpetual maintenance but that payment be withheld until satisfactory resolution of the out- standing claim. ACTION TO BE CONSIDERED ON THIS MATTER: To accept Contract 80- 7 for perpetual maintenance, authorize staff to process all neces- sary claims through the bonding company and insure satisfactory payment prior to final payment to the contractor. VACATION PETITION - E.C.I.P 3RD ADDITION K. Receive Petition/Set Public Hearing for Vacation of Drainage & Utility Easement (L3, B4, E.C.I.P. 3rd Addition) -- As a condition of issuing a building permit and granting a set back variance to the John Henry Foster Building on February 2, 1982, it was required that the existing 60 ft. drainage and utility easement located adjacent to the NE line of Lot 3 along Mike Collins Drive south of Apollo Road be reduced to 9.26 feet through a vacation proceeding. ACTION TO BE CONSIDERED ON THIS MATTER: To receive the petition for vacating a drainage and utility easement of Lot 3, Block 4, E.C.I.R. #3 and set the public hearing for May 4, 1982. Note: Enclosed on page _.10 is a map of the proposed vacation. �vT 3, g'Loe,a' y, E*&NIV44LE Ce/?I-&-2 /NovsT2i4L d.jtx-*3 Rf'.�PST.. SEWER I W, are sla efi\x TC - 49.80+e6aa t. mn6<i e1 O 66as 4 /.w {(g ti � Y al`a .a<• NORTHEAST CORNER LNORTH — Q •MfOi \ LINE OF t �• ysi� mnec6e 3 OF LOT 3 ' LOT 3 "iY"-v-=xl'y6pssa _ 1(10) 'SZe .6631 `�!c' Xl0 yL—_ Vai V Asr, rl'. R CFL:. •f ;, 3z 5 .ee.a N 26 PROPOSED BUILDING 1 . i .1 . . A J, 0 Qp R4 �• I 9 `� ,/REMOVE EXISTING B6 -I9 C.BG ?. B�i^ ! F 0REPLACE WITH 30"VALLEY OuTTER • 6 i7 66'3!' ' \I I wc, V"iss ss366 .P.: 864. d" � PROPOSED .6664 ` 6PARKING L0+ s .. ,< �,� _ . -- .._... • __. 6 _ .11133 L .sac a `'' 6a a r• 9591 ` N \ CU P06E0 P nJBG Baa\ earl Q> EXISTING CONO CURB 11313 1131 a -Me: ,8166 ¢ ,11112 a l \ ° ',�` —EASTERLY LINE OF LOT 3 • PROPOSED HM SEWER Sro`/ miS - ibOo• ESMT 6 v . 00 Y \ ur\ 65 ji0o�\ g7 %::,'y•.�s..'; o SOUTH LwE O I \PF LOT 3 8(i! tb. ECORNEA OF LO 3 \ Bs2 OF LOT J ��• M:./.� C �1- � rl �", C \ 30 \ 1 EXISTING STOAN•••c •K'a SEWER Agenda Information Memo April 2, 1982 Page Thirteen PUB'L'IC. HEARINGS There are no public hearings scheduled for the 4-6-82 meeting. AMENDMENT TO ORDINANCE #52/HEIGHT LIMITATIONS A. Proposed Amendment to Ordinance #52.07 to Allow Building Heights in Commercial and Industrial Districts to Exceed 35' and 40' Respectively Under Certain Conditions -- The Advisory Planning Commission gave approval in the form of a recommendation to the City Council to amend Zoning Ordinance #52 to consider a revision to height limitations at the February 25, 1982 meeting. At the March 2, 1982 City Council meeting, the recommendation of the APC was approved. Following that meeting, the City staff realized that one language change in subdivision 14, B, 3, (a), and the addition of subdivision 6 to allow for height limitations to exceed 35' and 40' in a planned development agreement was inadvertantly left out of the first zoning ordinance amendment. The former language in subdivision 14, B, 3, (a), read as follows: "The height of buildings or structures in commercial and industrial districts within air traffic corridors shall be restricted to comply with the regulations regarding the air traffic corridors." That language has been changed to read as follows: "The height of buildings or stuctures in commercial or industrial districts shall be approved by the City except as prohibited in air traffic corridors." A public hearing according to procedure outlined in ordinance #52 was held by the Advisory Planning Commission at their last regular meeting on March 23, 1982 to consider the revisions and amendment to Ordinance #52. The APC is recommending approval. For a copy of the revised ordinance, refer to pages 3 a, through 31+ For a copy of the APC minutes, refer to page 3 . ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of _the APC to approve the amendment to ordinance 52.07 that allows building height in commercial and industrial districts to exceed 35' and 40' respectively under certain condi- tions. 31 CITY OF EAGAN Amendment To ORDINANCE NO. 52 -- ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA, DOES HEREBY AMEND ITS ORDINANCE NO. 52 AS FOLLOWS: 4 SECTION 52.07 -- SUBD. 14 B. Additional "Area Standards and Requirements" of Commercial Districts. (3) Height. Buildings or structures in excess of the maximum height limita- tions imposed by Section 52.07 Subdivision 14.A. may be allowed as conditional uses as defined in Section 52.05, Subdivision 2, subject to the following conditions: (a) The height of buildings or structures in commercial and industrial districts shall be approved by the City except as prohibited in air traffic corridors. (b) The front setbacks shall not be less than three fourths of the height of the building or structure. The rear and side setbacks shall not be less than one half of the height of the building. However, the maximum required setbacks shall be feet for the front, feet for the rear and feet for the sides. (c) The maximum required green area for the buildings or structures over three stories shall be sixty (60) feet on the front and twenty five (25) feet on the side and rear yards. The green area shall be increased from the present green area requirements in commercial and industrial districts by five (5) feet per story on the front, side and rear yards until the maximum required green area has been obtained. (d) Guest parking only may be allowed on the front side of the building or structure and number of guest parking spaces shall be determined by the City Council. (e) Parking shall not be allowed adjacent to any side of such a building or structure in order to provide fire lanes and adequate fire protection for the building or structure. (f) The front side of the building or structure shall be determined by the applicant. The front yard shall consist of the area between the designated front side and the lot lines on said side bounded by parallel lines extending from the approximate corners of the designated side to the lot line(s). (g) A permit for a building or structure in excess of the normal maximum height limitations shall not be allowed if the building or structure is located less than 300 feet from a single family residential district as measured from the nearest"point of such building or structure to the nearest point of the residential district. (h) Special review and consideration will be given to proposed buildings or structures that take advantage of significant topographical changes in elevations that would minimize the impact of the structures top floor ele- vation in relation to single family residential dwellings in the area. (i) Building permits authorized under Section 52.06, Subdivision 11, shall be issued only upon execution of a Multi -Story Building Agreement. 3z SECTION 52.07 -- SUBD. 18. ADDITIONAL STANDARDS AND REQUIREMENTS FOR INDUSTRIAL DISTRICTS. (I-1, I-2, and R -D). (3) Height. Buildings or structures in excess of the maximum height limita= tions imposed by Section 52.07 Subdivision 19 may be allowed as conditional uses subject to the following conditions: (a) The height of buildings or structures in commercial and industrial districts shall be approved by the City except as prohibited in air traffic corridors. (b) The front setbacks shall not be less than three-fourths of the height of the building or structure. The rear and side setbacks shall not be less than one-half of the height of the building. However, the maximum required setbacks shall be feet for the front, feet for the rear, and feet for the sides. (c) The maximum required green area for the buildings or structures over, three stories shall be sixty (60) feet on the front and twenty-five (25) feet on the side and rear yards. The green area shall be increased from the present green area requirements in commercial and industrial districts five (5) feet per story on the front, side and rear yards until the maximum required green area has been obtained. (d) Guest parking only may be allowed on the front side of the building or structure in order to provide fire lanes and adequate fire protection. (e) Parking shall not be allowed adjacent to any side of such a building or structure in order to provide fire lanes and adequate fire protection for the building or structure. (f) The front side of the building or structure shall be determined by the applicant. The front yard shall consist of the area between the desig- nated front side and the lot lines on said side bounded by parallel lines extending from the approximate corners of the designated side to the lot line(s). (g) A permit for a building or structure in excess of the normal maximum height limitations shall not be allowed if the building or structure is located less than 300 feet from a single family residential district as measured from the nearest point of such building or structure to the neares point of the residential district. (h) Special review and consideration will be given to proposed buildings or structures that take advantage of significant topographical changes in elevations that would minimize the impact of the structure's top floor elevation in relation to single family residential dwellings in the area. (1) Building permits authorized under Section 52.06, Subdivision 11, shall be issued only upon execution of a Multi -Story Building Agreement. 3 33 ' SECTION 52.09 -- ADMINISTRATION AND ENFORCEMENT Subdivision 6. PLANNED DEVELOPMENT i C. Planned Development Agreement (See Section 52.07 - Subd. 7D). (2) Said "Planned Development Agreement" shall include as a minimum, but not limited to: d. A statement describing any building or structure to exceed normal height limitations and referencing the Multi -Story Building Agreement. Approval of building permits shall be in compliance with the conditions for exceeding height limita- tions provided in Ordinance 52.07, Subdivisions 14B and 18(3). .Original Ordinance Adopted: This Amended Adopted: Amendment Published in the Eagan Chronicle: 3 3t APC Minutes March 23, 1982 10. A 10 foot drainage and utility easement shall be dedicated adjacent to all public rights-of-way and along the west boundary line. In addition, drainage and utility easements incorporating the internal utilities required to service this development shall be dedicated as a part of the final plat. 11. The internal private road shall be constructed to a 28 foot minimum width with concrete curb and gutter to City approved plans and specifications. 12. Previously deferred trunk area water assessments and lateral benefit from trunk water main shall be assumed by this development as a condition of final plat approval. 13. A thirty foot half right -of- way shall be dedicated for Towerview Road. 14. Towerview Road shall be ordered for improvement prior to final plat approval and the cost shall be assessed against the benefitted property. 15. That City shall impose restrictions to out down excessive through traffic on Shields Lane. Those in favor were Hall, Turnham, Wilkins, Wold, Bohne, Krob and McCrea. ORDINANCE NO. 52 - HEIGHT LIMITATION REVISIONS The Chairman then convened the public hearing regarding a proposed amendment to Ordinance No. 52 concerning height standards in commercial, industrial and planned development districts. A draft of the amendment had been circulated with the packet to the members and there were persons present in the audience who also had concerns about the revisions. City Administrator Tom Hedges and City Attorney Paul Hauge reviewed the height limitation revi- sions and indicated that essentially the same revisions had been submitted to the Planning Commission and had been approved at its regular February meeting. Questions from the audience included concerns about location for high-rise buildings, suggestion that notice to surrounding property owners for the conditional use permit be extended beyond the 350 feet and it was also sug- gested that the Planning Commission wait until after the April 15 River Corridor Critical Areas Hearing, held by the Department of Natural Resources. Mr. Wold indicated that he understood that an applicant could now request a variance to accomplish the removal of height restrictions and under the pro- posal, there would be stronger restrictions, including multi -storage building agreement in each case. After considerable discussion, Bohne moved, Krob seconded the motion to recommend approval of the amendment to the ordinance as presented, recognizing the concerns expressed, and further, that study of the issues continue on behalf of the staff. After 45 minutes of concern and discussion, all members voted in favor. 9 3S Agenda Information Memo April 2, 1982 Page Fourteen NATIONAL AMUSEMENT COMPANY FOR A CONDITIONAL USE B. National Amusement Company for a Conditional Use to Allow More than 3 Amusement Devices in a CSC District Located in a Portion of the Cedarvale Shopping Center -- An application was received for more than three (3) amusement devices for a business to be located at Cedarvale Shopping Center. A public hearing was held to consider the conditional use permit by the APC at a regular meeting held on February 25, 1982. This item was presented for City Council consideration at the March 16, 1982 meeting; however, at the request of the applicant, the item was continued until the April 6, 1982 meeting. There were a number of merchants present at the APC meeting objecting to the conditional use permit. A letter of objection was received by the City from DCR Company and also a petition from several merchants in the Cedarvale Shopping Center objecting to a permit for amusement devices at Cedarvale Shopping Mall. Copies of those petitions are again enclosed on pages '5-7 through 3g for your review. The APC is recommending denial--o-f--the conditional use permit to the City Council. For additional information regarding this item, please refer to the planning assistant's report, a copy of which is again enclosed for your review on pages 4.D through Z For action that was taken by the APC, refer to page +_. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the Advisory Planning Commission recommending denial of the conditional use permit to allow greater than three (3) amusement devices for a business at Cedarvale Shopping Center. 36 CEDARVALE LANES 3883 Beau D'Rue Drive Eagan, Minnesota 55122 J City of Eagan City Hall 3795 Pilot Knob Road Eagan, Minnesota 55122 Gentlemen: DCR COMPANY 750 South Plaza Drive Mendota Heights, Minnesota 55120 February 19, 1982 We have been notified that you intend to discuss the issuing of a Game Room license in the mall of Cedarvale Shopping,Center on Thursday, February 25. We strenuously object to the issuing of this license for two basic reasons: 1. Our experience of Cedarvale Lanes has certainly shown us that direct supervision of these game rooms is necessary. We do not believe this supervision would be evident in the proposed game room area. 2. The City recently issued a license for a game room in the old A 5 W facility. Issuing another license in an area as close as this would, in our opinion, be too great a concentration of such facilities. CEDARVALE LANES 3? Sincerely, DCR COMPANY Ck"C'J %-Z 01T, - ichard L. Stryker, Pr ident Amusement Company for approval of a permit for amusement devices in the Cedar - vale Shopping Mall for reasons including the following: 1. The stores in the center have been experiencing serious theft problems in recent years and it is feared more will result with an increase in young people. 2. The shopping mall owners are not able to have full time policing which may become necessary in light of the hours proposed for the game room. C3. We are concerned about whether the person we understand has been chosen to manage the game room will be capable of properly supervising the younger patrons. 4. We have received information that other game rooms in Eagan have experienced policing problems and believe this could be detrimental to the retail shops in Cedarvale Mall. 5. We feel strongly that if the City approves the permit, it should be given only temporary approval which could be revoked after three or six months trial if complaints or problems arise. u tS Amusement Company Tor approval or a permit cur amuseweuL uCVacna iu LuC Cua�- vale Shopping Mall for reasons including the following: 1. The stores in the center have been experiencing serious theft problems in recent years and it is feared more will result with an increase in young people. 2. The shopping mall owners are not able to have full time policing which may become necessary in light of the hours proposed for the game room. �. 3. We are concerned about whether the person we understand has been chosen to manage the game room will be capable of properly supervising the younger patrons. 4. We have received information that other game rooms in Eagan have experienced policing problems and believe this could be detrimental to the retail shops in Cedarvale Mall. 5. We feel strongly that if the City approves the.permit, it should be given only temporary approval which could be revoked after three or six months trial if complaints or problems arise. 39 t OFA wq�M-A, CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT/AMUSEMENT DEVICES APPLICANT: NATICNAL AMUSEMENT COMPANY - SAM NILBA LOCATION: PORTION CF CEDARVALE SHOppn�G CENTER LOCATED IN PART OF THE NE; OF SECTION 19 EXISTING ZONING: CSC (COpg7%NI'I'y SHOPPING CE:N=) DATE OF PUBLIC HEARING: FEBRUARY 23, 1982 DATE OF REPORT: FEBRUARY 10, 1982 REPORTED BY: DAVE M. OSBERG, PLANNING ASSISTANT W.11 0 � An application has been submitted requesting a conditional use permit in order to have more than 3 amusement devices in a CSC District (Commmity Shopping Center) located in the Cedarvale Shopping Center. At the present time, the National Amusement Company has three video games and several children's rides in the Cedarvale Shopping Center. The applicant is pro- posing to locate the three video games in a now vacant room in the Cedarvale Shop- ping Center, and also to add 9-12 more video games in the ram. The dimensions of this amusement game arcade are approximately 12' x 12', which the applicant feels is large enough to house the 12-15 video games that will be in the arcade. There are plans to have adult supervision in the room at all times. No food, smo- king or drinking of any kind will be allowed in that amusement game arcade. The amusement game arcade will, at no time, remain open past 10 P.M. as the hours in which the amusement game arcade will be open will be dependent somewhat on the hours of the entire Cedarvale Shopping Center. If approved, the conditional use permit should be subject to the following oondi- tions: 1. Fulfilling all requirements of Ordinance #73, Amusement Devices DMO/jack all PARKING PARKING 1 � � T �1��. LMIMM!`•u I I � 't�4il I�! 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'�i ti, �l�. _ � L'1'1• ,.. _.. •:Y ' �1 �f.-L.i• �� i�.� { "77 ` .�: ..f, .l'S.,•t�.' lf: :^ t..:� : .4....r Ing.. •�:. lY .•a;• °n," \'�r�':�. •':G I� ,K �'•. •`�;r- ^.�•?i'i;:1,'1 '1 •�.w. :. ?-�': c..,_ -T .�{ :ire' 1. 4,i'�',%-'ll.v;a .i I ..t :,,..'._...�:. • .JIB +Ut{'y 'r{� !: �{ tt rJ. yi�'T�•.`t }i.(;'f .../oma .rla�r 1. t'i-n'.�'• Q•• \a t't�':..'hi.. ,... .• '•.'. ri l• 1 .. •.l.'7 -INR _ f {.1�, 4-1 j''.�..r rr•�'i•�j �).,o\�q•.•.f../rV .,.A�+y'rY�. 1•' �i...r. r.: .. Vit• f "06197 ow f o u ca I Lp Ell o :3 u I I 1 ri 4, ud 1 alert • � ! PARKING PARKING � i / 1 \ I nLL I f LI . q LI R=j G n. SILL • . Ll ADD / R. H( ,. LB L / R LI 9 , ' CSC 4F CSC PF Ll ti .. .. 1. DAR ' f �0Ll R- IC .. S LL h, i •^e. JI GB GB i, TEN ,r. T ,_ � .IPF ... t _ �. .. PF JUN104 - !N67- ti -PF o NB HIGH m B rT -••� 4++ \ B-2 SCHOOL g � v PFF, ` •,, ' '*� �i �R-3C .'..lid 3 KIZ 4f � aFt JMART I t^{yY4t<r�C+�(rC <<. _ 0 C S r LrF1E��5+,,{ � t. r R_\ NATIONAL AMUSEMENT COMPANY - AMUSEMENT DEVICE PERMIT The public hearing regarding the application of National Amusement Company and Sam Nilba for conditional use permit for more than 3 amusement devices in the Cedarvale Shopping Center was opened by the Chairman. Mr. Nilba was present as was Ron Dicker for the applicant. At the present time, National Amusement Company has three video games and several children's rides in Cedarvale Shopping Center and now proposes to locate 12 to 15 video games in a separate store location in the Center. The plan is for adult supervision in the room at all times, and no food, smoking or drinking of any kind would be allowed in the arcade. Mr. Nilba indicated that the amusement games have been located in the Center for many years and that the Center would be super- vised at all times. Allen Hochsprung appeared and presented a Petition on behalf of 21 of approximately 35 retail merchants in the mall objecting strongly to the proposal. They were concerned about the possibility of inade- quate supervision and inability to control the young people that would be using the machines, the impact that the machines do have on minors and the adverse potential impact on the retail stores with excessive numbers of minors in the Center. A number of other shop owners were present in opposition. Mr. Nilba assured the commission that supervision would be adequate and if there was any problem, the landlord has a provision in the lease whereby the land- lord could close the arcade after a 15 day notice. He also asked for a 30 -day trial period and if there were problems, that he would then close the arcade. There were also concerns by persons present, including Planning Commission members, about the impact on the A & W Amusement Device Center located about one block to the west and also the bowling alley and it is understood that there have been problems in both locations. A letter from DCH Company and the owner of the Cedarvale Lanes objecting to the application also was submitted. Lloyd Krob explained that he had done extensive research regarding the amuse- ment centers and was concerned about their adverse impact upon minors and read miscellaneous articles from magazines and newspapers explaining the problems that have resulted in such centers. He further stated that members of the Eagan Police Department are concerned about the machines in other amusement device locations and it would be a deterrent to business in the shopping center. After extended discussion, Krob moved, Mulrooney seconded the motion to recommend denial of the application based upon the reasons that are out- lined above. All voted in favor. 43 Agenda Information Memo April 2, 1982 Page Fifteen REZONING & PRELIMINARY PLAT FOR ALPHA ADDITION C. Roger & Judith Urban for Rezoning from A to I-1 District and Preliminary Plat for Alpha Addition -- Two (2) applications were received from Roger and Judith Urban: (1) A rezoning from A to I-1 consisting of twelve acres; and (2) A preliminary plat for Alpha Addition consisting of approximately twelve acres and con- taining one lot. A public hearing was held before the APC at the February 25, 1982 meeting and the APC is recommending denial of the rezoning and preliminary plat because it may create a spot zoning and was not consistent with the land use plan. This item was presented to the City Council for its review and consideration at the March 16, 1982 meeting. After much discussion by the City Council, City staff was directed to review other zoning options as well as land use options regarding the request. This item was therefore continued until the April 6, 1982 meeting. The City Planner has met with Mr. Urban and Mr. Holz, the resident who was opposing the facility at the March 16 meeting. At this meeting, it was a consensus that Mr. Holz did not oppose the office structure but was opposed to outside storage and what might become of the area after the office building is developed. On reviewing the ordinance criteria, offices can be allowed in either the I-1 or and LB district. It was the City staff's understanding that, since Mr. Holz was not opposed to the office but was opposed to outside storage and how the area could develop if it were zoned I-1, Mr. Holz is agreeable to the area developing as an office area and would be in agreement with an LB District. The LB District is a commercial zone which is more compatible with residential develop- ment. There would be no outside storage allowed in an LB zoning classification. One suggestion by the City Council was to allow the building without a zoning change, but after reviewing the ordi- nance, a variance would have to be granted for this consideration. The City staff has reviewed this process and feels that zoning the property to the LB District would be the best process in order to allow an office building if the City Council desires that type of use in the location as stated. The variance approach is not consistent with --the intention of the zoning ordinance and, technically, a use variance should not be granted to allow a struc- ture or use that is not permitted within the specific zoning classi- fication. It is also the City staff's understanding that Mr. Urban will be platting the entire twelve acres into one lot which will in effect only allow one building on the twelve acres. There could be a condition with the plat that this plat or parcel cannot be replatted to allow additional structures until the time that utili- ties have been brought into the area. In summary, the City staff feels the best way to allow an office building in that area is to zone the property at this time as LB and allow a one lot plat which would allow the proposed office building to be constructed at this time. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the APC recommendation to deny the rezoning and preliminary plat for Alpha Addition or consider an alternative to rezone the property LB which requires a new public hearing process before the APC. Yf Agenda Information Memo April 2, 1982 Page Sixteen PRELIMINARY PLAT FOR CEDAR CLIFF COMMERCIAL ADDITION D. Seven J. Flanagan for Preliminary Plat Approval of Cedar Cliff Commercial Addition -- The revised preliminary plat for Cedar Cliff Commercial Addition has been received and is in order for considera- tion by the City Council. The City Council had directed the City staff and County to look at the platting of the commercial area in regard to providing access by a cul de sac off Cliff Road which is shown as Steven Court and direct access onto Nicols Road. The applicant has responded to the requirement and concerns of the City and is proposing the revised plat for City Council considera- tion. The proposed plat will contain fourteen commercial lots (ten of the fourteen lots containing at least one acre in size). There are four commercial lots which are approximately one-half acre in size. Lots 1-4, Block 1, will have direct access to Nicols Road. And providing four lots along Nicols Road, there can still be two accesses to the property in cross easements between the lots to minimize the amount of direct access. The cross easements will be provided as a part of the final platting. Lots 5-10 will have access from Stevens Court and no direct access will be allowed off of Scott Trail to Lots 5-10, Block 1. Lots 1-4, Block 2, will still have access from Scott Trail. It is the City staff's under- standing that Lots 1-4 will be the last phase to be constructed within the development. This development will be phased; the first phase will be Lots 1-4, Block 1; second phase will be Lots 5-10, Block 1; and the third phase will be Lots 1-4, Block 2. It is also the City staff's understanding that the reason for phasing is the approximate 135,000 cubic feet of fill required for the development proposal, and to obtain this much fill at one time would be nearly impossible. The Public Works Director will address the grading and drainage in detail in regard to the fill required in the phasing. Ordinance 52 does not require any lot size for commercial lots in an LB. The only requirements in regard to the lots are setbacks from property lines and roadways and lot coverage for the building. The one-half acre to acre lots are adequately sized to provide lots for office buildings. In reviewing the pre- liminary plat, the conditions that were placed for the preliminary plat at the October 21, 1981 planning report have been met in regard to access off Scott Trail and other considerations. The only addi- tional requirements for the Cedar Cliff Commercial Addition at this time are: 1. A detailed landscape plan shall be approved by the City for Lots 1, 7, 8 of Block 1 and Lot 1, Block 2, because this area will abut the residents in Cedar Cliff Addition. This landscaping is the main buffering area between the office and the residential lots. An adequate landscape bond shall also be provided and not released until one year after the landscaping has been completed. 4s- Agenda Information Memo April 2, 1982 Page Seventeen A landscape plan shall be required with all other lots at the time development occurs. An adequate landscapte bond shall also be required for each lot and not released until one year after the landscaping has been completed. 3. The plat should be subject to Dakota County Plat Commission's review and comments. 4. There should be a restrictive access on the west side of Scott Trail so that access to Lots 5-10 shall be by Steven Court vs. Scott Trail. 5. All buildings shall require the same architectural and building materials on all sides of the building when pro- posed in order that the building will not have an unat- tractive side. 6. All trash receptacles shall be incorporated in the side of the building or attached to the building and maintained with the same architectural characteristics of the building. 7. The final plat shall incorporate the first phase for Lots 1-4, Block 1. Lots 5-10, Block 1 and 1-4, Block 2, shall be platted as an outlot until the second phase is ready to be developed. The aforementioned data was coordinated by the City Planner, Mr. Dale Runkle. Enclosed on page 4q for additional information is a copy of the preliminary plat as revised for Cedar Cliff Commer- cial Addition and on page 50 a copy of the grading plan. The Director of Public Works, Tom Colbert, has submitted the following comments: A revised preliminary plat in comformance with the concept approval recently approved by Council action for the Cedar Cliff Commercial Addition has been submitted for formal Council approval on a preliminary plat basis. In reviewing the grading and drainage plan for the preliminary plat, it appears that approximately 133,000 cubic yards of fill would be required to make all fourteen lots developable. Because the developer does not have the necessary excess fill to accommodate this at the present time, he has indicated that he intends to develop this in phases in the following manner: Phase 1: Lots 1-4, fronting Nicols Road Phase 2: Lots 5-10, gaining access from Cliff Road through Steven Court Phase 3: Lots 1-4, attaining access from Scott Trail Agenda Information Memo April 2, 1982 Page Eighteen The developer has indicated that there is sufficient excess material on the site to provide for the development of Lots 1-4 fronting on Nicols Road. Subsequent phases would be developed as material becomes available. The grading plan provides for construction of a berm along the north boundary adjacent to residential proper- ties. Because of the proposed phase development, staff would recommend that the final plat for the first phase incorporate the proposed four lots on Nicols Road with the remainder being platted as outlots to maintain flexibility regarding additions pertaining to grading, drainage, streets and utility requirements at the time of their proposed development. Although four lots are proposed to take access from Nicols Road, it is recommended that there be a maximum number of two driveway entrances with the necessary cross easements to the appropriate lots to insure adequate access. The southerly access should be restricted to a minimum of 275 feet from the center line of Cliff Road. It is also recommended that that section of Nicols Road be upgraded from Cliff Road to at least Erin Lane to accommodate the proposed future development of these lots taking direct access from Nicols Road. Although Nicols Road is technically Dakota County Road 28, the County intends to turn it back to the City in the near future for perpetual maintenance; therefore, it is doubtful that the County would participate in the cost of this upgrading. Therefore, it is recommended that this development be responsible for 50% of the cost of upgrading Nicols Road from Cliff Road to Erin Lane with the other 50% being the responsibility of the commer- cial properties located within the Mari Acre Additions. Future upgrading of Nicols Road further to the north would be required when the commercial shopping center was developed on the northern end of Mari Acres Second Addition. Because this preliminary plat is different from the one that was discussed at the planning commission public hearing of October 27, 1981, the engineering recommendations have been revised to the following. 1. A storm sewer system must be constructed from Mari Acres Pond (AP -9) to the east line of Phase 1 and continued in the future to handle the drainage requirements necessitated by the development of any phase construction. 2. A maximum of two driveway entrances only will be allowed onto Nicols Road with the southerly most driveway being a minimum of 275 feet north of the center line of Cliff Road. 47 Agenda Information Memo April 2, 1982 Page Nineteen 3. Only one entrance will be allowed onto Cliff Road, the center line of which being located 327 feet west of the center line of Scott Trail. 4. Restrictive access control be dedicated adjacent to Cliff Road, Nicols Road, and the west side of Scott Trail with the exception of those three previously discussed access points. 5. This development escrow is calculated assessment responsi- bility for the upgrading of Nicols Road from Cliff Road to Erin Lane. 6. A landscaping berm be constructed adjacent to the residential area as a condition of the first phase development. The Director of Public Works will be available to discuss in further detail these conditions with the City Council at the meeting on April 6. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the revised preliminary plat of Cedar Cliff Commercial Addition. ED ERIN a k4 �If LANE I Proposed. CEDAR CLIFF COMMERCIAL ADDITION FOR: JOHN FLANAGAN (OUTLOTS 0 and N. CEDAR CLIFF) CLIFF LAND AREA SCALE: /'•10, OUTLOT 0 ISOO M. ARrcA /99P W1LOT N .,.. O dr 4 TOM a C.R. WINDER B ASSOCIATES, INC. LAND IURYEAR! Oli IYMD MMtI mil IUL,YgNiglq ]!�W •i. I!-yM Proposed: Grading Flan \ CEDAR CLIFF COMMERCIAL ADDITION FOR: JOHN FLANAGAN (OUTLOTS a and N. CEDAR CLIFF) GLIFF ERIN 4 �\ •'\`.' \•�- LAND CA SCALE: /-- 50' LANE I I i.\.; .., _ i� - MCA a naAa. Moon 1962 \ ` baa-- r �`'ti - �..•��� •y_ ; WTL01 N iA]M. 2 INa".ad C.I. Nh,na 6.TY. TOTAL 'CUT '`' ,. rl• .a, fie••----s�'I " A �' OL 10 '411 11 A e OF FIL FILo � CU' xI \ _ � t `ems-.�•1.��� T ]:,-- � -' , =L•�,L �� �J ��� E d CLIFF ROAD GR. WINDEN 0 ASSOCIATES, INO LAND SWWWAS Da1.... ]1NRT ___ Si n-LL.XwXEy1X ]fi00 TI. NY]6K Agenda Information Memo April 2, 1982 Page Twenty REZONING & PRELIMINARY PLAWLEMAY'S LAKE ADDITION A. William F. Brandt for Rezoning from A to R-3 and for Preliminary Plat of LeMay's Lake Addition -- A public hearing was first held by the Advisory Planning Commission at their February 25, 1982 meeting. There were a number of questions raised at that meeting and therefore the item was continued until the March 23, 1982 APC meeting. Concerns raised by the APC were in regard to a private street and the land use to the north and south of the proposed development. There was a petition submitted to the APC from the majority of the property owners to the south opposing the proposed development. Enclosed on pages ,SQ. through S � is a copy of that petition. After cons iderable�iscussion, the— made a motion to deny the request for rezoning and preliminary plat as a recom- mendation to the City Council. For additional information on this item, refer to a copy of the City Planner's report, a copy of which is enclosed on pages St through7 for your reference. For information relating to the actionotthe APC, refer to pages 6-g through �. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the APC to deny the rezoning and preliminary plat request by William F. Brandt. S1 /link .,-,plc Aev 7-a7/V 3 iia U �L /�.�.� ;r,(. /33s 4c,-dL� 419-� I a? S i wE►ZU 1c.�.J 2� . 3/8O eT 'rr� lvl:l. . MAR 22 1982 3+ 5 S tiu�� L'.cn��,>' 6-Z �cb k cc 4 13 as rowERI Ile w Ro. 53 I CITY OF EAGAN SUBJECT: REZONING AND PRELI ENARY PIAT - LFMAY'S LAKE ADDITION APPLICANT: BRANDT MANAmENT - WILLIAM BRANDT LOCATION: SW; OF THE NW, OF THE NWk OF SECTION 10 EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: MFUARY 25, 1982 DATE OF REPORT: FEBRUARY 18, 1982 .REPORTED BY DALE C. R[ID=, CITY PLANNER The first application submitted is a request to rezone approximately 10 acres from A (Agricultural District) to R-3 (Residential Townhouse District). The second application submitted is a request for a preliminary plat, May's Lake Addition, which consists of approximately 10 acres and will contain 44 townhouse units. ZONING AND LAND USE Presently, the 10 -acre parcel is zoned A (Agricultural) which would allow one home per 5 acres. The Agricultural District is kind of an open zoning where a develop- ment proposal has not been made in the past. The Comprehensive Land Use Guide de- signates this parcel as R-2 (Mixed Residential) with a density of 3-6 dwelling units per acre. Therefore, the development proposal is consistent with the Land Use Guide Plan on a gross unit per acre basis. COfVENTS The proposed site is located north of Tbwerview Road, east of Pilot Knob Road and south and west of LeMay's Lake. The entire parcel contains approximately 10 acres. The net acreage after deducting half rights-of-way for Towerview Road and Pilot Knob Road and the public street proposed within this development, and calculating only 10% of the water for density credits, the net acreage of this site is 6.65 acres. The access to the proposed site is off of Towerview, Road. The applicant is pro- posing to put in a public street and provide access by a public street to the property to the north. The access going to the east would be a private drive just to allow access for 24 dwelling units with 20 units being served by a public street. In reviewing the development proposal, the applicant is requesting t wnhouse de- velopment which would allow 1 unit per 6,000 square feet of the net area. The s4 CITY OF EAGAN REZONING AND PRELIMINARY PLAT - LEMAY'S LAKE ADDITION FEBRUARY 25, 1982 PAGE TWO net area has been calculated as 6.65 acres and would allow a maximan of 48 dwell- ing units. The applicant is proposing 44 dwelling units for the subject parcel. The lot coverage of the buildings on the site is 14.688 which is under the 20% lot coverage requirement. The platting of the parcel,•the applicant has proposed platting some land with each of the dwelling units. The plat, in essence, allows some ownership of land. The Outlot C will be the moon area which will be owned by the Associa- tion and would allow each owner or renter to have access to LeMay's Lake. The applicant has proposed this common area to be utilized by all of the people within the development. The applicant has proposed 1 garage space and 1 parking space per unit for a to- tal of 2 parking spaces per unit. The ordinance does require one covered space and 1.5 parking spaces. However, the applicant does feel 2 parking spaces is adequate for this development. The applicant has proposed a 20' setback from a public street instead of the 30' setback requirement. The reasoning for this 20' setback is to provide more open space and useable space in the rear of the units vs. providing a 30' front set- back. - Also, in reviewing the site plan, there is a 30' setback between dwelling units. The applicant needs to shift the buildings slightly to obtain this 30' spacing between units on the development proposal. The applicant is proposing that the dwelling units could either be rented or owner - occupied. He is proposing to give the option to the person renting or buying the unit that the rent for X amount of years could be used for the down payment in pur- chasing the unit. Therefore, it gives the person looking to rent or buy the unit if the person does not have the down payment at this time, that the rent paid for the first few years could then be used as a down payment for the unit. This ap- pears to be a new concept the applicant is proposing to use to get owner -occupancy in the condominium project. If approved, the preliminary plat should be subject to the following conditions: 1) A Homeowner's Association bylaws shall be reviewed prior to final plat ap- proval. 2) A detailed landscaping plan shall be approved and a landscaping bond shall be submitted and not released until one year after the landscaping has been completed. 3) A 10' variance shall be approved for the front setback of the dwelling units. 4) A 10' variance would also be required between spacing of the dwelling units or shifting the units.to meet the 30' spacing requirement. 5) The plat should be subject to the Dakota County Plat Commission's review and comments because it abuts a County road. S15' CITY OF EAGAN REZCNING AND PRELIMINARY PLAT - LEMAY'S TAKE ADDITION FEBRUARY 25, 1982 PAGE THREE 6) The plat should be subject to the Park Committee's reaammdation for park dedication. 7) The developer shall provide one tot lot to provide the needs of the pre- schoolers within the neighborhood. 8) A detailed grading, drainage and erosion control plan must be reviewed and approved prior to final plat approval. 9) A 30' half right-of-way for Towerview Road shall be dedicated. 10) Towerview Road shall be upgraded to the City standard of a 32' wide bitumi- nous surface with concrete curb and gutter. If Towerview Road is not or- dered for improvement by Council action, this development shall place a cash escrow for its fair share of the proposed future improvement of Towerview Road. 11) A pedestrian stairway shall be constructed in the northwest corner providing access to the existing trailway on the west side of Pilot Knob Road. Main- tenance for this stairway shall be the responsibility of the Homeowner's Association. 12) A drainage and ponding easement shall be dedicated adjacent to LeMay's Take incorporating the 878.0 elevation. 13) An adequate utility easement shall be obtained from the property to the north to allow the extension and installation of the required sanitary sewer. 14) An internal water main shall provide a looping from the existing stub west of Pilot Knob Road with a connection to the existing water lateral within Towerview Road. 15) This development shall assume all deferred assessments relating to trunk area storm sewer and water and lateral benefit from existing utilities in accor- dance with the rates in effect at the time of final plat approval. In addi- tion, as a condition of final plat approval, this development shall waive its right to objection to the existing pending special assessments under Project 177, 200, 334 and 347. TAC/jack W11 TO: THE ADVISORY PLAMING COMMISSION, C/O DALE RUNKLE, CITY PLANNER FROP1: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: FEBRUARY 19, 1982 RE: PR>'.r•ra Ur M PIAT - LEMAY'S LAKE ADDITION (BRANDY MANAC;I OM The Public Works Department has the following information for consider- ation of the above-referenoed proposed plat: UTILITIES Sanitary sewer of sufficient size and capacity to handle this proposed development was installed in 1970 tinder Project 49-2 and recently ex- tended along the north property line of this proposed plat under Project 347 in 1981. Sanitary sewer, water and related services were install- ed within Towerview Road under Project 113 in 1974. However, this de- velopment does not propose to make a connection to these utilities within Towerview Road with the exception of water main looping. Water main of sufficient size and capacity to service this proposal is available by way of the existing 16" trunk water main located on the west side of Pilot Knob Road which had a 6" water lateral service stubbed to the east side under Project 334 in 1981 as a part of the upgrading of Pilot Knob Road. This water main shall be looped through this proposed development and connected to the existing water lateral located within Towerview Road previously discussed. STREUM Access to this proposed development will be fran Towerview Road which is presently an unimproved gravel mad frau Pilot Knob Road to Quarry Lane. With this proposed development, Towerview Road should be upgrad- ed to City standards of bituminous surfacing with concrete curb and gutter. Internal public streets consist of a parallel frontage road with Pilot Knob Road to provide continuation and ultimate access to the property to the north. The two cul-de-sacs are proposed to be private drives which should be constructed to a minimum 28' width with concrete curb and gutter and bituminous.surfacing. Pilot Knob Road adjacent to the west property line of this proposed plat was recently upgraded to its ultimate design section with a bituminous trailway during 1981. Because of the differential in elevations between Pilot Knob Road and the proposed public drive, the developer is proposing to construct the centerline of the proposed public street 3' east of the center of the dedicated right-of-way for this public drive. This will result in an approximate 16' boulevard on the west side and a 10' boulevard on the east side. The developer is also requesting a 10' variance from the required 30' setback from this public drive on the east side. With this 10' variance and 3' offset of roadway construction, these dwell- ing units would be approximately 13' closer to public street's curb .s7 Thomas A. Colbert LeMay's lake Addition February 25, 1982 Page two and gutter'as compared to the City's standard residential streets. Topography of this property provides for a gentle slope to the north and east to LeMay's Lake. The elevation of this property is slightly below that of Towerview Road and Pilot Knob Road. All drainage gener- ated by this development would be directed by way of internal storm sewer systems into Iemay Lake which presently has a controlled storm sewer outlet providing for drainage to the Mimesota River. The proposed location of the public street paralleling Pilot Knob Rd. will have to be carefully designed to insure its compatibility with Pilot Knob Road due to its elevation differential which will require a side slope from Pilot Knob Road trailway down to the proposed inter- nal road for this addition. Also, the elevation of this proposed road at the northern boundary of this plat should be approximately 896.0 to insure compatibility with the topography of the undeveloped property to the north. These existing and proposed elevations will place speci- fic constraints as to the ultimate location of this proposed public drive. Extensive erosion control measures tett the water quality of IeMay La posed development. EASMMS AND RIGHTS -OF -WAX will have to be implemented to pia- .e ro-.e during construction of this pro- Sufficient right-of-way for Pilot Knob Road was acquired during 1980 by the Dakota County Highway Deparbrent to provide for the upgrading of Pilot Knob Road. No additional right-of-way will be required at this time. A 30' half right-of-way should be dedicated adjacent to Towerview, Rd. to provide for the required upgrading to City's standards. A drainage and ponding easement should to incorporate the 878.0 elevation. A ment should be dedicated adjacent to a jacent private property. In addition, quired from the undeveloped property notion of the proposed sanitary sewer SIDEwAIRS AND TRAIUQYS be dedicated around LeMay Lake 10' drainage and utility ease - 11 public right-of-way and ad - a utility easement will be re - the north to allow the con- syst®n. The trailway along Pilot Knob Road was completed as grading of Pilot Knob Road during 1981. No internal is anticipated at this time. However, we feel that should be constructed as a part of this development corner providing access up to the trailway on Pilot aN � a part of the utrailway system a public stairway in the northwest Knob Road. The Thomas A. Colbert IeMay's Lake Addition February 25, 1982 Page three maintenance responsibilities for this stairway should be the Homeowner's Association and contained in their bylaws. ASSESSMENTS In 1975, the sanitary sewer, water laterals, services, grading and gravel base were constructed under Project 113 within Tbwerview Road. At the request of the property owner, Mr. Martin Shields, these assessments were deferred to be re -levied at a future date in accordance with the rates then in effect. Based on 1981 rates, this assessment amounts to approx- imately $25,300. In 1977, at the request of Mr. Shields, the trunk area water assessment was deferred until future development to be reassessed at the rates in effect at that time. Based on 1981 rates, this trunk area water assess - trent would amount to approximately $5,120 ( 6.65 acre). Men the trunk water main was installed along Pilot Knob Road under Pro- ject 11 in 1967, lateral benefit from this trunk water main was deferred until the time of connection. Based on 1981 rates, the estimated assess- ment associated with this lateral benefit ar mts to approximately $6,850 (477 LF). There are presently pending assessments relating to trunk and lateral storm sewer under. Project 177, street assessments for Pilot Knob Road un- der Project 200, and the installation of sewer and crater services under Project 347 and 334 respectively. I will be available to discuss in further detail any aspect of this re- port at the Planning Commission meeting of February 25, 1982. Fes y submitted, Thanas A. Colbert, P.E. 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APC Minutes March 23, 1982 LEMAY'S LABS ADDITION - REZONING AND PRELIMINARY PLAT The public hearing for the application of Brandt Management and William Brandt to rezone 10 acres from A (Agricultural) to R-1 (Residential Townhouse District) and preliminary plat approval of LeMay's Lake Addition was convened by the Chairman. The application would include 44 townhouse units. The Comprehensive Land Use Guide designates the parcel as R-2 (Mixed Residential) with a density of 3 to 6 dwelling units per acre. The proposed site is located north of Towerview, east of Pilot Knob and south of Lemay's Lake. The net density would include 6.6 units per acre and net acreage of 6.65 acres. William Brandt was present as was Dan O'Brien, Architect and an Engineer for the project. A number of interested persons were also present, many of whom objected to the project. Mr. O'Brien reviewed the concerns of the Advisory Planning Commission at the last meeting of February 25, 1982 at which time the hearing had been continued. Mr. O'Brien stated that the spacing between the buildings was a minimum of 20 feet with an excess of 30 feet generally. The private cul-de-sac at the southeast corner of the plat also was a concern of the Planning Commission members, but Mr. Brandt stated that even with a public street and setbacks, the density still could allow for 45 units with a total of 44 planned. As to setbacks from Lemay Lake, he stated that it is his opinion that there is no requried setback at the present time, that the City has jurisdiction but has not exercised it in that no shoreline ordinance has been adopted. It was noted that the City is now in the process of pre- paring a shoreline ordinance and setbacks will possibly be 50 feet, if it's a general development lake, or 75 feet if it's determined to be a recreational lake. It was noted that there is a 50 foot setback from the normal ordinary high-water level in the proposal. A petition dated March 21, 1982 signed by 39 persons opposing the zoning to R-3 was submitted. Gerald Rodgers spoke for a number of neighbors to oppose the additional multiple housing where there is already high density. He suggested that there be road access to Lone Oak Road at the present time and the cost of the upgrading of Towerview should not be placed upon the present residents on the south side of the road. He stated such assessments would cause hardships and further, requested that no var- iances be granted. It was suggested that the zoning be changed from R-1 to R- 2 or at least with an R-1 buffer between the present residents and the planned higher density. Don Grant was present and objected to the proposal including density impact on the -lake, etc. Joe Kellner questioned the zoning and sug- gested an R-1 and also opposed the private street. It was noted the private street would be built to City standards. Another objection was insufficient parking for the units. Jim Woods, President of the Timberline Association, requested the road outlet location to Lone Oak Road be determined to the present time, but Mr. Colbert indicated the development is unknown and the City will eventually require another through -access to Lone Oak Road. There was also question as to the lot formerly purchased by Lynn Thiel at the southeast corner of the parcel as to whether it would be landlocked, and member Wilkins suggested continuing until the use of that parcel is deter- mined. She opposed multiple development between R-1 use to the north and to the south of the parcel. Commissioner Wold was concerned about safety, snow removal and emergency use requirements through the private street. It was noted that the proposal would nearly maximize the density permitted in R-2 KE APC Minutes March 23, 1982 land use. Commissioner McCrea stated it was her opinion that there was not adequate reason to reduce the setbacks between the buildings. It was also noted that if the 75 foot setback was required from the lake, that the density allowed would be about 38 to 40 units if 30 foot setbacks between buildings were required. The project would provide for rentals with options to buy within 12 months and the price at the current time would be $79,900.00 with 18 month construction time expected. Don Grant indicated that Lemay Lake is a spring - fed lake, that there is public access from the city park and he stated the Cartright land would potentially be landlocked. It was further noted that individual sewer and water stubs were placed on the north side of Towerview Road to accomodate R-1 use. Member Wilkins also asked whether Martin Shields was asked to plat his property to the north during the Comp Guide hearings. Mr. Brandt offered to make the cul-de-sac a public street after having dis- cussed the issue. After approximately one and one-half hours of hearing, Wilkins moved, McCrea seconded the motion to recommend denial of the applica- tion to rezone to R-3 based upon the reasons mentioned above and including the following: 1. The R-3 zoning would not be compatible with the R-1 use to the North and the R-1 zoning to the South without a buffer. 2. That when sewer and water were installed on Towerview Drive, that stubs were installed on the north side of Towerview, intending to be hooked into single family dwellings. 3. That the Comprehensive Land Use Guide is only a guide, and the R-2 zoned use is a more appropriate use for the property; further, that the proposal provides for an R-2 land use at its maximum density limitation. 4. That there is considerable other R-3 land zoned throughout the City and that there are other areas where R-3 zoned uses are more appropriate. It was further noted that R-2 zoning would permit about 5.8 units to the acre or about 40 total 'units. All voted in favor. SIGNCRAFTSRS OUTDOOR DISPLAY - CONTRACT BEMAGPS - SIGN PRRMIT . The public hearing regarding the application of Signcrafters Outdoor Display and Contract Beverages for conditional use permit for pylon sign at 2755 Highway #55, was next convened by the Chairman. Mr. Charles Peugh appeared for Signcrafters as did a representative of Contract Beverages. There were several questions but no objections. Bohne moved, Krob seconded the motion to recommend approval, subject to the following conditions: 1. The pylon sign may not be located within 300 feet of any other pylon sign measured on the same side of the street. 2. The pylon sign may not project more than 27 feet above ground level. 673 Agenda Information Memo • April 2, 1982 Page Twenty -One AMENDMENT TO ORDINANCE 52.06/REDUCTION OF OFF STREET PARKING SPACES B. Proposed Amendment to Ordinance 52.06, Subdivision 13, to Reduce the Required Off Street Parking Spaces in an R-3 and R-4 Zoning District -- The Advisory Planning Commission held a public hearing to consider an amendment to Ordinance 52.06, Subdivision 13, C, to change required off street parking requirements. The APC is recommending approval of the amendment to Ordinance 52 as found on page -71 The proposed amendment reduces the required off street par ing spaces in R-3 and R-4 zoning districts. The APC and City Council have granted approvals to a number of development proposals which are owner occupied to allow a reduction of the two and one-half spaces. The revision to Ordinance 52 would allow a required two parking spaces for home owner occupied units versus 2.5 parking spaces which is currently in effect. There is also a separation between owner occupied units and rental units and staff is recommending the rental units stay at the 2.5. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the APC to recommend approval of the proposed amendment to Ordiance 52.06. 76 CITY OF EAGAN TDAKOTA COUNTY, MINNESOTA AMENDMENT TO ORDINANCE NO'.' 52 -- ZONING THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA DOES HEREBY AMEND ITS ORDINANCE NO. 52 AS FOLLOWS: SECTION 52.06 -- GENERAL PROVISIONS Subdivision 13. -- REQUIRED OFF-STREET PARKING. C. Multiple dwellings including townhouses, apartments and condo- miniums. At least one (1) outdoor parking space and one (1) garage space per unit. Original Ordinance Adopted: February 18, 1972 This Amended Adopted: Amendment Published in the Eagan Chronicle: -7r Agenda Information Memo April 2, 1982 Page Twenty -Two VARIANCE FOR LIQUOR ESTABLISHMENT HOURS/SOLTTHFORK RESTAURANT C. Request for Variance Food Beyond Liquor Establishment Hours for Southfork Restaurant -- The City has received a request from an attorney representing Southfork Restaurant located at 4185 South Robert Trail to operate the restaurant on a 24 hour basis. The liquor ordinance prohibits operation of the restaurant beyond the hours for the sale of liquor and therefore a variance or ordinance amendment would be required. A copy of the letter submitted by Mr. Richard Gabriel is enclosed on pages 73 through -7¢ for your review. Mr. Gabriel will be appear ing�ef-ore the City�o—uncil to see if there is interest in amending the ordinance to allow this type of operation. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny a re- quest to amend the on -sale liquor ordinance to allow hours of opera- tion for a restaurant only to exceed hours of operation for the sale of liquor. 7z March 1, 1982 Mr. Thomas Hedges Eagan City Administrator Eagan City Hall 3795 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: Please be advised that the undersigned represents Southfork Liquor located at 4185 South Robert Trail, Eagan, Minnesota. Southfork Liquor is interested in operating its restaurant on a 24 hour basis. However, since it is also engaged in the sale of intoxicating liquor, the City of Eagan's Liquor Law Ordinance would appear to prohibit such operation. I have been in contact with Mr. Kevin Eide regarding this problem and he suggested that Southfork Liquor "request an amendment to the ordinance or a special use permit". He then stated that the matter would be considered by the City Council. Southfork is presently arranged so that the bar and restaurant facilities are separate. Mr. Lynn has received numerous inquiries from his patrons regarding a 24 hour restaurant operation and he feels that it would be beneficial to the community since no such establishment presently operates in that area. Mr. Lynn is well aware of the fact that if such a special use permit was granted, or if the ordiriance was amended,that no sale of liquor could take place during the prohibited hours even though the restaurant facility remained open. I would appreciate your comments and directions on this matter. If the matter is to be considered before the City Council, I 73 A ; iJc?_ KUEPPERS. KUEPPERS, VON FELDT & SALMEN ATTORNEYS AT LAW 1460 NORTHERN FEDERAL BUILDING WABASHA AT SIXTH STREET ST. PAUL, MINNESOTA 55102 EP® l MYEMW HIED A. NOEPEERE. JR. C. Z. YON RLDJ T. JAY "MEN AREA COD. eI, RICHARD J. CASH19L UL.PNOME HTM]I JOAN Al. HACERL RICHARD EAWEN March 1, 1982 Mr. Thomas Hedges Eagan City Administrator Eagan City Hall 3795 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: Please be advised that the undersigned represents Southfork Liquor located at 4185 South Robert Trail, Eagan, Minnesota. Southfork Liquor is interested in operating its restaurant on a 24 hour basis. However, since it is also engaged in the sale of intoxicating liquor, the City of Eagan's Liquor Law Ordinance would appear to prohibit such operation. I have been in contact with Mr. Kevin Eide regarding this problem and he suggested that Southfork Liquor "request an amendment to the ordinance or a special use permit". He then stated that the matter would be considered by the City Council. Southfork is presently arranged so that the bar and restaurant facilities are separate. Mr. Lynn has received numerous inquiries from his patrons regarding a 24 hour restaurant operation and he feels that it would be beneficial to the community since no such establishment presently operates in that area. Mr. Lynn is well aware of the fact that if such a special use permit was granted, or if the ordiriance was amended,that no sale of liquor could take place during the prohibited hours even though the restaurant facility remained open. I would appreciate your comments and directions on this matter. If the matter is to be considered before the City Council, I 73 Mr. Thomas Hedges Page Two March 1, 1982 would appreciate the opportunity to have notice of any such hearing so that Mr. Lynn, the owner of Southfork, and myself,could appear at such hearing. I thank you for your consideration. RJG/cw Sincerely, KUEPPERS, KUEPPERS, VON FELDT & SALMEN By- 'e /ichard J. Gabriel 774 Agenda Information Memo April 2, 1982 Page Twenty -Three DAVE ODEGAARD/ADVERTISING SIGN D. Dave Odegaard for Advertising Sign -- An application was re- ceived from Mr. Dave S. Odegaard for an outdoor advertising sign located in part of the NEk of the NW4 of Section 13. For additional information on this item, refer to the attached report prepared by the Administrative Intern, Dave Osberg. This report is found on pages -74 through. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the outdoor advertising sign as applied for by Mr. Dave Odegaard. 7.S I ID • • / 1 • ' IDfI X7,7. ' • � ! 1 1 71'. A ' 71•� DATE: MARCH 30, 1982 SUBJECT: OUTDOOR ADVERTISING SIGN FOR DAVID S. WEGARD Mr. Odegard has submitted an application to the City of Eagan for an out- door advertising sign located in part of the NFA; of the NW; of Section 13. The proposed sign is a general advertising sign and would refer to Ordi- nance 16.04, Advertising Signs Standards. According to Ordinance 16.04, the sign shall be 1,000 lineal feet, or 300 lineal feet on the opposite side of the street,frvm any other pylon sign. other requirements of Ordi- nance 16.04 are: 1) No advertising sign shall be located within 200' of any residentially zoned property. 2) No advertising sign 'shall exceed 250 square feet in signage area. 3) No advertising sign shall exceed 40' measured at lot level or road- way level. Whether lot level or roadway level is used is based on visibility factors on the adjacent roadway. The sign Mr. Odegard is proposing is similar to those approved by the City Council on July 7, 1981. The sign would be 5' x 111, or contain 55 square feet of signage and would stand 16' in height. herefore, the proposed sign does meet all of the requirements of Ordinance 16 in regard to size and height requirements. The sign is to be located in the NM of the NW; of Section 13 at the inter- section of Yankee Doodle Road and Highway 149. The land on which the sign will be located is owned by the Chicago, Milwaukee, St. paul and pacific Railroads. The Railroad Company has agreed to allow Mr. odegard to have an advertising sign in the railroad right-of-way. A site plan is enclosed for review as well as a picture of what the sign would look Like -in its prospective location. Mr. Odegard has stated that at the times when the advertising space is unsold, the copy would promote local City purposes and he would work with the City in this respect. In addition to all requiramnts of Ordinance 16, the sign should be sub- ject to the condition that it must be removed if development occurs in the area. DMO/jade 76 ,lt Outdoor Advertising -77 SPECIFICATION DRAWING 15312 Highway Seven a` G TZ4— N4i:1v G ±—, , /��' IV TITLF Minnetonka, MN 55343 �� iJ� lle Phone: 612-933-6344 13 LI 1.1 • E, ---fir ciNtER ; INtt TRIAL PAS j 4 , LI :CO. RD • 9A 39 R-2— �LB= � Q ' CARRIAGE HILLS GOLF COURSE PF R-4 1 LAI TT ROnn// PD -.74-1 044 LII HI WESCOTT II I, GARDEN. A K- GB L - 4F n I, R- I • \ ' yl Ll i dbP No! LI .PD -Lo, cJ977Q� 76-1 OF 5/Gly _ PK ADDIT109 WE Is L -I Agenda Information Memo April 2, 1982 Page Twenty -Four HILLTOP CONDOMINIUM/TEMPORARY SALES OFFICE E. Hilltop Condominium Project for Temporary Sales Office -- Developers Construction, Inc., was given authorization to proceed with the Hilltop Condominium Project by the City Council. It was the intention of the applicant to request at the time of preliminary platting a temporary sales office that would be occupied for display and sales office only. This type of request is normally addressed as a condition of the preliminary plat approval and therefore is processed as a revision to the preliminary plat to consider a sale office. The sales office would be temporary until the first condo- minium unit is built and then the unit would be used as a model for the purposes of display and a sales office. The letter of request for the temporary sales office is enclosed on page A drawing showing the location of the sales office and picture of the small trailer will be provided to the City and inclu- ded with the administrative packet on Monday. ACTION TO BE CONSIDERED ON THIS MATTER: To add a condition to the preliminary plat approval of Hilltop Condominiums allowing for the temporary sales office as presented. FIE DEVELOPERS CONSTRUCTION, INC. 1101 Cliff Road Burnsville, Minnesota 55337 612/890-6194 (larch 29, 1982 Eagan City Council 3795 Pilot Knob Road Eagan, Minnesota 55122 Attn: Mr. Tom Hedges Developers Construction Inc. is hereby requesting council approval to locate a temporary sales office on the Northeast corner of Pilot Knob'Road and County Toad 30. This 10ft. by 46ft. mobile home= will be used as display and sales office for the Hilltop Condominium project previously approved through your city. S lrbre%J Spa ride Presi e t DEVELOP RS CONSTRUCTION INC. W Agenda Information Memo April 2, 1982 Page Twenty -Five DIRECTOR'S APPOINTMENT TO JOINT CABLE COMMISSION A. Appointment of a Director to the Joint Burnsville/Eagan Cable Commission -- As stated in a recent memorandum, City Councilmember Egan is withdrawing himself as a director on the joint Burnsville/ Eagan Cable Commission. Since meetings will be alternated between the Eagan and Burnsville City Halls and there may be reason to conduct field trips outside of the Eagan Burnsville area, there was some concern about violating the intent of the open meeting law by having two members of the Eagan delegation represented by two members of the Eagan City Council. Since the joint commission does not have the power to franchise, the City Councilmembers for both the Cities of Burnsville and Egan will be monitoring the action of the joint commission on a regular basis through reports by its City Council representative and City Administrator. At the first joint commission meeting, Mr. Rick Bertz, Alternate #1, voted in the place of City Councilmember Egan and Mr. Ron Voracek was in attendance as the Alternate #1. ACTION TO BE CONSIDERED ON THIS MATTER: To accept City Councilmem- ber Egan's request to remove himself as a member of the joint com- mission and to appoint an alternate to replace City Councilmember Egan on the joint commission. A second course of action of the City Council may be to appoint a second alternate if they so desire. (The joint powers agreement and bylaws only designate one alternate; however, it should be the choice of the City Council if they would like an additional person or persons to attend the joint cable commission meetings on a regular basis.) JOINT CABLE COMMISSION UPDATE B. Joint Burnsville/Eagan Cable Commission Update -- At the first joint cable commission meeting, it was the desire of the Mayor and commission members that each City Council include on its regular agenda an item entitled Joint Cable Commission Update. This would provide the City Council representative and/or City Administrator of each community to update their City Council on the progress and action that is being considered by the joint commission. Since there was a lengthy memorandum written discussing organizational appointments and consideration of bylaws and the fact the commission has not met since that memorandum was presented to the City Council, there is no additional action to report at this time. Agenda Information Memo April 2, 1982 Page Twenty -Six INSURANCE BID CONSIDERATION C. Insurance Bid Consideration -- The City of Eagan has received the renewal rates from Mutual Service Insurance Company for life and health insurance. The proposed premiums for the employee only will increase from a range of $38 to $46 to a range of $48 to $56 while the employee with dependents insurance coverage will range from $92 to $100 up to $122 to $130. The variance in the range is for an employee earning $10,000 a year to the maximum coverage providing $250 of weekly disability which specifically relates to the disability portion of the insurance policy. Since the average percentage increase is 30.4%, the City is required to again bid the health insurance package. Due to the union contracts, it is recommended that the City not appoint its insurance committee in an attempt to adjust any of the language provided in the present insurance coverage. The 1982 Budget used a monthly insurance cost of $120 for full time employee for an annual budgeted appropriation of $1440. Therefore, three months at $100 and nine months at $130 would produce an annual cost of approximately $1475. Therefore, the impact on the City should be very minimal due to the estimated cost increases while preparing the 1982 budget. The City's Finance Director has prepared a group insurance specification packet and a public notice pertaining to the bidding process for the 1982 health insurance program. The City has requested a two month exten- sion of coverage and would expect to award a new contract at the May 18, 1982 City Council meeting. The City Administrator will review any of the details about the health insurance contract with the City Council at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS MATTER: To authorize the City Administrator to proceed with advertisement for bids to consider the new health, disability, and life insurance coverage for all City employees. 193 Agenda Information Memo April 2, 1982 Page Twenty -Seven CONTRACT 82-1 D. Contract 82-1, Approve Plans & Specs/Advertise for Bids (Over - hill Farm First Addition) -- The public hearing providing for the installation of the Hay Lake trunk sanitary sewer from Dodd Road to Cliff Road (Project #321), the installation of the trunk storm sewer outlet for the South Oaks Pond to Hay Lake (Project #326), and the installation of streets and utilities for the Overhill Farms First Addition (Project #332) were held on February 3 and June 16, 1981. All easements necessary for the installation of these projects have been obtained either through condemnation, final platting of the Overhill Farm Addition or negotiation with the affected property owners. Detailed plans and specifications have been prepared and are being presented to the Council for. their approval in anticipation of advertising for bids to allow construc- tion to begin approximately June 1. The Director of Public Works will be available to discuss in detail these plans and specifica- tions at the Council meeting. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the plans and specifications for Contract 82-1 and authorize advertisement for bids with a bid opening scheduled for 10:30 a.m. Tuesday, April 27, 1982. CONTRACT 82-2 E. Contract 82-2, Receive Bids/Award Contract (Briar Hill Fourth Addition Streets & Utilities) -- At 10:30 a.m. on Tuesday, March 30, bids were received for the above referenced contract. A bid tabulation is enclosed on page %5 for your information. The tabulation shows the comparative ana sis of the bids in relation to the feasibility report and the engineer's estimate, together with the appropriate percentage overrun/underrun. ACTION TO BE CONSIDERED ON THIS MATTER: To receive the bids and award Contract 82-2 to Richard Knutson, Inc., in the amount of $189,104.95 and authorize the Mayor and City Clerk to execute con- tract documents. an OUR FILE NO.: 49234 BRIAR HILL 4TH ADD. -PROD NO 343 UTILITY & STREET IMPROVEMENTS CITY CONTRACT 82-2 FAGAN, MINNESOTA BID TIME: 10:30 A.M.. C.S.T. BID DATE: Tuesday, March 30, 1982 Feasibility Report Engineer's Estimate Low Bid % Over (+) or Under (-) Feasibility Report M $197,940.00 255,000.00 189,104.00 4.5% (-) CONTRACTORS TOTAL BASE BID 1. Ridiard Knutson, Inc. $189,104.95 2. Orfei & Sons, Inc. 212,883.06 3. .Austin P. Keller Construction 214,143.00 4. Burschville Construction Co. 222,741.25 5. Ervin Montgomery Construction Co. 223,733.50 6. Nodland Associates, Inc. 223,914.50 7. Bariiarossa & Sons, Inc. 225,590.00 B. Northdale Construction Co. 239,875.75 9. Hardrives, Inc. NO BID 10. Alexander Construction Co. NO BID 11. Bituminous Roadways, Inc. NO BID ENGINEER'S ESTIMATE------------------ $255,000 Feasibility Report Engineer's Estimate Low Bid % Over (+) or Under (-) Feasibility Report M $197,940.00 255,000.00 189,104.00 4.5% (-) Agenda Information Memo April 2, 1982 Page Twenty -Eight I-494 MnDOT PLANS & SPECS F. I-494, Approve MnDOT Plans & Specs (T.H. 55 to 0.35 Miles West of T.H. 149) -- The City has received detailed plans and specifica- tions from MnDOT pertaining to the easterly progression of I-494 between T.H. 55 and T.H. 149. This provides for the grading, storm sewer construction, paving and construction of four related overpass bridges near the interchange with I -35E. These plans have been reviewed in detail by the staff and found to be in conformance with all previous requests of the City of Eagan. The scheduled bid opening for this project is set for April 23, 1982. Therefore, MnDOT requires approval of these plans and specifications and passage of a resolution to that effect prior to April 12. ACTION TO BE CONSIDERED ON THIS MATTER: To pass a resolution approving plans and specifications for S.P. 1985-74(494=393) and authorize the Mayor and City Clerk to execute said resolution. s/Thomas LiHed es City A minstrator MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS • FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 2, 1982 SUBJECT: INFORMATIVE Designation of Health Officer Mayor Blomquist has received a letter notifying the City that Dr. Dunn is no longer serving as health officer for the City of Eagan since he is no longer practicing at the Eagan clinic. The new physician, Dr. Douglas G. Knight, a family practitioner, is in- terested in serving as the Eagan health officer and would be the representative for the Eagan clinic to replace Dr. Dunn. City Administrator Hedges will suggest procedure for the appointment of a health officer, realizing Dr. Dunn's resignation. Enclosed on page q_ is a copy of the letter to Mayor Blomquist. Peoples Natural Gas Company A letter was received from Peoples Natural Gas Company notifying the City that another gas rate increase has been filed with the Minnesota Public Utilities Commission which will be placed into effect with new rates on May 1, 1982. The letter is enclosed on page at)_ and is self explanatory. Public Works Department Policy for Water Shut Off The Director of Public Works has prepared a water shut off policy which is a policy that the City has administratively implemented. The City Administrator and Director of Public Works would like the City Council to review the policy, and upon concurrence, the policy will be continued. There is no formal action required by the City for consideration of the policy enclosed on page City Forestry Program At the special budget meeting held., on February 25, 1982, there were some ideas discussed by members of the City Council in regards to a replanting/City forestry program. The various ideas, throughts and suggestions were shared with the Director of Parks & Recreation by the City Administrator as requested by the Council. Enclosed on pages q 2, through 94 is a report provided by Director of Parks & Recreation Vraa which provides information and response to those ideas about the City forestry program. OR Informative Memo April 2, 1982 Page Two Architectural Firms for City Hall Expansion Tours were conducted on Wednesday and Thursday, March 31 and April 1, through the assistance of the Administrative Interns and Building Inspection Department for the nine (9) architectural firms who expressed interest in submitting a proposal to the City for the City Hall expansion. Those architectural firms are Mike Gottsacker, Architectural Alliance; Carol Lazo and Will Johnson, BWBR Architects; Bob Burow, Burow Architects; Shashi Suri, Suri Architects; Jack Boarman, Boarman Architects; Duwayne Kasma, TKDAA Architects; Tim Geisler, Design Consortium; Bob Johnson, Kilstofte Associates Archi- tects; and Jim Horne, Horne Architects. As the City Administrator explained in a recent memo that provided a copy of the proposal and background information sent to the architects, the proposals must be received by April 9, 1982. The City Administrator will provide detailed updates regarding the selection and screening process for the architects. s/Thomas L. Hedges ittyy A3ministrator RUO 'M,Al{ v ,;i J" Catherine Soderquist, M.D. Robert C. Dunn, M.D. 'Cedarvale Medical Clinic K. Anusuya Zdenek, M.D. 3908 Sibley Memorial Highway, Eagan, Minnesota 55122 • (612) 452-2230 March 23, 1981 Mrs. Bea Plomquist Eagan City Hall 3795 Pilot Knot. Poad Eagan, MN 55122 RE: Robert Dunn, M.D. Eagan Health Officer Dear Mrs. Blomqu.ist: In the past, Dr. Dunn has served as health officer for the City of Eagan. At this time, Dr. Dunn will be limiting his practice to the West Medical Clinic and no lcnger be coming to the Eagan Clinic. However, we have added a r.ew physician tc our staff here at the Eagan Clinic, Dr. Douglas G. Knight, a family practitioner whc would be interested in serving as the Eagan Health Officer. If you wculd like tc meet with Dr. Knight, please feel free tc contact him at the clinic at your convenience. We hcpe tc be able to continue serving you. Sincerely, Qt*rg9,ison Clinic MR ager kt G o� Affiliated with Ramsey Clinic Associates, P.A. Peoples Natural Gas Company March 24, 1982 To The Honorable Mayor and City Council Eagan, MN 55122 On January 29, 1982, Peoples Natural Gas Company, Division of InterNorth, Inc. ("Peoples") filed with the Minnesota Public Utilities Commission a gas rate increase, pursuant to Minnesota Statute 2168.16. Peoples intends to place the new rates into effect to all of its customers on May 1, 1982. The Public Utilities Commission must decide by January 30, 1983, how much of an increase (if any) will be approved. If the full increase is not approved, the difference between the requested increase and the approved increase, plus interest, will be refunded to customers in a manner to be determined by the Commission. Peoples is also proposing a consolidation of the communities of Rochester, Windom, Mountain Lake, Lakefield, and Worthington with applicable existing Peoples' tariffs to provide more uniform rates throughout the state. An example of the effect of the proposed increase or consolidation on typical bills in your community is as follows: The proposed rates for all other classes of customers will each increase less than one percent due to changes in gas costs. The proposed rates will generate an increase in Peoples' revenues of $6,919,000 or about 3.80%. The staff of the Department of Public Service is conducting an investigation of Peoples' books and records. Public hearings will be scheduled in Peoples' service areas. Counties, municipalities, and individual customers will be notified regarding hearing dates and locations. The proposed rate schedules and a comparison of present and proposed rates may be examined by the public during normal business hours at the Department of Public Service, 790 American Center Building, 160 East Kellogg Boulevard, St. Paul and at your nearest Peoples' office. If you wish to intervene or testify in this case, contact the Office of Administrative Hearings, 400 Summit Bank Building, 310 South 4th Avenue, Minneapolis, Minnesota 55415. Si cerely, G. L. Stamm Vice President 0231R/0227R .E Present Annual Proposed Annual Cost Cost *General Service Residential $ 502 $ 556 **General Service Commercial/ Industrial $1,667 $1,842 *Annual Usage of 1,260 Ccf (100 cubic ft. of gas) per year. **Monthly Usage of 363 Ccf (100 cubic ft. of gas) per month. The proposed rates for all other classes of customers will each increase less than one percent due to changes in gas costs. The proposed rates will generate an increase in Peoples' revenues of $6,919,000 or about 3.80%. The staff of the Department of Public Service is conducting an investigation of Peoples' books and records. Public hearings will be scheduled in Peoples' service areas. Counties, municipalities, and individual customers will be notified regarding hearing dates and locations. The proposed rate schedules and a comparison of present and proposed rates may be examined by the public during normal business hours at the Department of Public Service, 790 American Center Building, 160 East Kellogg Boulevard, St. Paul and at your nearest Peoples' office. If you wish to intervene or testify in this case, contact the Office of Administrative Hearings, 400 Summit Bank Building, 310 South 4th Avenue, Minneapolis, Minnesota 55415. Si cerely, G. L. Stamm Vice President 0231R/0227R .E TO: THOMAS L. HMrMS, CITY ADMINISTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: MARCH 19, 1982 RE: PUBLIC WORKS DEPARTMENT POLICY - WATER SHUTOFF On this date, the Public Works Department had to turn off the water supply to a resident within the City due to nonpayment of their utility bill. While this is not the first time that the City has had to do this to insure collection of its utility bills, it occasionally does happen. Therefore, I felt it best to advise you as to our procedures and policies that lead up to this final water turn off in case you or any Councibneiiber might be con- tacted by the affected citizen after City Hall business hours. After a utility bill becomes delinquent due to nonpayment after its due date, a penalty notice is sent to the occupant informing them of the past - due balance. If there is no response to the first penalty notice, approx- imately 2 weeks later a second penalty notice will be sent to the occupant. Throughout this process, several attempts are made by the Utility Billing Clerk to contact the individual by phone during normal business hours. If there is still no response or inaction, a water shutoff warning will:be left on the front door by a Water Department personnel. If, after two weeks, there is still no response, a second notice is left at the residence. Con- tinued attempts by the Utility Billing Clerk to contact the individual by phone will be continued. If there is no response to this second notice left at the residence, a "water shutoff notice" (3rd notice) will then be delivered to the residence and the water will be scheduled to be turned off 7 days later. If, by the date of the scheduled water turn off, there is still no positive resolution to the delinquent bill, the Public Works De- partment will send a Utility personnel during business hours out to turn off the water. Notification is then left with the Police Department of the City's actions should they receive a call after City Hall business hours. Collection fees of $5.00 are added to the bill if it requires a City personnel to.go to the site to collect the delinquent water bill. We feel that this procedure provides adequate opportunity for the indivi- dual to respond to the delinquent bill. This only occurs if they fail to contact the City to make some type of arrangement for paying off their delinquent bill. If there is a financial hardship, the City does make arrangements to provide for installment payments and offers information referring them to the Dakota County Human Services Department for poten- tial public assistance. Please inform me if you or the City Council would like this policy revised. Otherwise, we will continue with this policy as it does seem to be effec- tive. TAC/jade 91 cc - I-Orna Olson, Utility Billing Clerk March 16, 1982 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR 4 1,J FROM:- KEN VRAA, DIRECTOR OF PARKS AND RECREATION r RE: CITY FORESTRY PROGRAM This report is intended to give the members of the Eagan City Council current information concerning the Forestry Program in Eagan. Three broad topics will be covered. These topics are: Shade Tree Disease Control, Re- forestation of Parks and other City Property, and Parks Tree Maintenance. SHADE TREE DISEASE CONTROL Responding to an epidemic of Oak Wilt and Dutch Elm disease, the Minnesota Legislature enacted Minnesota Statute 18.023 in 1974. This law authorizes each community to conduct a shade tree program. In the same year the Eagan City Council passed Ordinance 53. This ordinance relates to the control and prevention of shade tree disease on public and private property in the City of Eagan. In accordance with this State Statute and City ordinance, the City Forester established a shade tree disease control zone covering most of the fully developed residential areas within the City. It is the duty of the City Forester to inspect all the trees in this control area andmark for removal any diseased and/or dead and dying Oak and Elm trees. By talking with home owners about trees and tree diseases in the urban environment, the City raised the consciousness of residents for the need for care and the value of trees in the City. By offering residents a free diseased tree disposal site, by marking diseased trees, and by talking to and educating the public, the department is trying to prevent the spread of these tree diseases and protect the urban environment in residential areas. In 1980, 50 Oak trees were marked for removal along with 123 Elms from the control area. In 1981, 49 Oaks and 290 Elm trees were marked in the same control area. The increased incidence of Dutch Elm disease in 1981 is most likely due to the mild winter of 1980-81. Of the trees marked in 1981, 17 were within City street right-of-ways or boulevards, but action taken by the City Council during the summer of 1981 determined the removal of these trees was the responsibility of the owner. In 1982 the City can expect the number of trees marked for re- moval will increase as a result of the spread of Dutch Elm disease in 1981 and the addition of new residential areas to the control zone. REFORESTATION OF PARKS AND OTHER CITY PROPERTY In 1981, 111 trees were planted on City property, including the police station and in City parks. The total cost of these trees was $8,500.00. These trees came from a variety of sources such as Twin City Tree Trust, Minnesota Valley Nursery, and the City's own nurseries operated by the Parks and Recreation Department. Most of the trees purchased for reforestation were 2" or 2'h" in diameter stock. (Large stock has been favored rather than whips of 1" or 1V stock for several reasons) Although, each individual tree cost more, the larger stock is easier to handle, less susceptible to wind, ice, and vandalism, has a higher survival rate and larger stock adds to the aesthetic quality of the park much sooner than smaller stock. Of all the trees planted in 1980 and 1981 the only severe vandalism or damage occurred to 1 inch or smaller diameter trees. Smaller stock will continue to be evaluated for suitability of use with each particular application. 92- City Forestry Program - Memo March 16, 1982 ' Page 2 After the devastating 1980 storm, one of the City's most scenic parks, Cedar Pond Park, was almost barren. Gone were the large Oaks and Box Elder trees that once adorned the park. In the two years since the 1980 storm - 29 trees have been planted in Cedar Pond Park. All have been 2" - 2'h" stock and all the trees are already adding to the beauty of the park making it an attractive enhancement to the City. Along with the trees planted in the parks in 1981, another 452 seedlings were planted in a nursery in Patrick Eagan Park. These seedlings were free to the City by way of the Minnesota Department of Natural Resources. Un- fortunately, the variety of species from which to select is limited to Norway Pine, Green Ash and soft Maple, but these species do have useful application in a well defined landscaping program. There are nearly 2,800 trees and shrub seedlings in City nurseries. Of these trees and shrubs, approximately 100 Green Ash, 20 Norway Pine, 5 Ponderosa Pine and 20 Honeysuckle are nearly of suitable quality and size for transplanting. Although there will be some mortality, within the next two years. it can be ex- pected that close to one-quarter of'the City's surviving stock will be an acceptable size for transplanting. Within five -six years about half of the stock will reach suitable size. (A completed estimated nursery 'inventory is included with this report.) The reforestation program will continue to use existing stock from the City's nursery that are both suitable and acceptable in size. However, it will be necessary to continue to adjust the program with sizes and varieties from contractual sources. PARK TREE MAINTENANCE There are an estimated 1,100 trees in the maintained portions of the City's parks, as well as at various locations on public property throughout the City. Each of these trees requires care and maintenance. Whenever a new tree is planted the tree is wrapped, staked, and given adequate wood chip mulch around its trunk. As with all newly planted trees, the smaller trees are staked to protect them from wind and vandalism. Each year every tree that is susceptible to sunscald is wrapped for the winter months with a protective tree wrap. In 1981 over 300 trees were wrapped for the winter. Aside from staking and wrapping, each tree and shrub is inspected for disease and pruned each year if needed. Small trees require pruning so any structural defects can be corrected or pruned out while the tree is young, thereby avoiding future problems. Along with staking, wrapping and pruning of trees and shrubs the City Forester is also responsible for watering young trees during the summer. This is usually done with Unit 11312, the Parks and Recreation Department's tank truck. In summation, the Forestry Program in Eagan is actively trying to maintain and enhance the City's environment through tree care and reforestation program, as well as trying to reduce the incidence of tree diseases from residential areas. 93 NURSERIES 1981 PUBLIC WORKS COUNTRY HOME PILOT estimPATRRICK EAGAN SPECIES GARAGE HTS. PARK PARK is PARK CARNELIAN NORTHVIEW TOTAL PARK PARK Norway Pine 200 0 0 283 0 134 617 Ponderosa Pine 23 0 15 2 0 5 4S Jack Pine 0 0 0 0 0 33 33 Red Cedar 0 10 0 0 0 45 45 White Cedar 0 0 0 154 0 0 154 Spruce 143 28 0 0 36 90 297 Green Ash 290 0 178 269 0 132 869 1 Caragana 0 0 0 86 0 149 235 I Amur Maple 212 0 0 40 0 0 252 Silver Maple 0 0 130 0 0 0 130 Honeysuckle 0 0 0 120 0 0 120 Weigela 0 0 0 20 0 0 20 TOTAL 868 28 323 974 36 588 2,817 S ADMINISTRATIVE AGENDA EAGAN CITY COUNCIL REGULAR MEETING EAGAN, MINNESOTA CITY HALL APRIL 6, 1982 CITY ATTORNEY 1. Discussion Regarding Assessment Appeals CITY ADMINISTRATOR 1. Quotations for Installation of Warning Sirens DIRECTOR OF PUBLIC WORKS 1. Contract 81-1, Hours of Operation & Field Office Location Request 2. Public Works/Parks Maintenance - Fuel Dispensing System 3. Disposal of Excess City Property for Lot 12, Block 2, McKee Third Addition 15 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 5, 1982 SUBJECT: ADMINISTRATIVE AGENDA & SUPPORT INFORMATION CITY ATTORNEY 1. Discussion Regarding Assessment Appeals -- City Attorney Hauge has provided an outline of six (6) assessment appeals that are pending with the City of Eagan at the present time. In some cases, the data provided is informational and in other cases, the City Attorney or administrative staff requires direction from the City Council. City Attorney Hauge will provide background and request certain direction from the City Council regarding this memorandum. The memo is enclosed on pages /00 through 10'L for your reference. CITY ADMINISTRATOR 1. Quotations for Installation of Warning Sirens -- Mr. Dale Grimes, Dakota County Emergency Services Director, has mailed out informa- tion and specifications for the installation of four (4) new sirens in the City of Eagan and also warning sirens in Mendota Heights and West St. Paul. Due to the fact the quotations were not opened until late Friday, April 2, 1982, and the review has not been com- pleted, the information will be provided by the City Administrator at the meeting on Tuesday. The City would like, however, Steve Nelson Electronics to install the radio control units that activate the sirens and encoder since he has installed all other equipment on the present sirens. The charge for that part of the system is approximately $500. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the low quotation as recommended by the Dakota County Emergency Services Director for the installation of four new sirens and also to approve the installation of radio controls to Steve Nelson Electronics. DIRECTOR OF PIBLIC WORKS 1. Contract 81-1, Hours of Operation Request -- The City has received two Keller Construction Company pertaining t Operations 9(o and Field Office Location requests from the Autin P. o Contract 81-1: Administrative Agenda Information April 5, 1982 Page Two . a. Hours of Operation. The contractor would like to request consideration by the Council for allowing his construction operations to begin at 5:00 a.m. and cease at 9:00 p.m. to allow him to work double shifts to allow a speedier com- pletion of this project. The normal hours of operation under Ordinance 8 restrict activity before 7:00 a.m. and after 7:00 p.m. This contract provides for the installation of utilities and the physical relocation of Galaxie Avenue to provide for a new intersection at Cliff Road and Blackhawk Road. The majority of the work will be accomplished within open fields and the only nearby resident that would be affected by these hours would be the Ernest Schindeldecker residence on Galaxie Avenue. The contractor anticipates that these expanded hours would occur from approximately the middle of April to the middle of June. b. Construction Trailer/Field Trailer Location. The contractor wouia a so like to know if the ounce would have any ob- jection to locating a constuction field office trailer on the northwest corner of the intersection of Blackhawk Road and Cliff Road for the duration of this project (April 15 - September 1). This field office would be used by City inspection personnel, MnDOT inspectors, in addition to the contractor's superintendents and foremen. Because of the extensive testing requirements of both the state and the federal agencies, it is anticipated that inspection testing equipment would be contained within this trailer. Therefore, the contractor is requesting this location due to its visi- bility, electrical and telephone services and ease of acces- sibility during construction. If approved, it should be subject to the following conditions: 1. There be no outside storage of materials. Adequate driveway access and/or parking area be main- tained at all times. 3. Portable rest room facilities be provided and maintained. The public works staff supports both requests by the contractor for the following reasons: 1. Expanded hours of operation will provide for a quicker com- pletion of this already lengthily delayed project. A portable field office with telephone facility will provide for better project management and contract coordination. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the expanded hours of operation for Contract 81-1 and the temporary field office location. (See map on page 103 .) 97 Administrative Agenda Information April 5, 1982 Page Three 2. Public Works/Parks Maintenance - Fuel Dispensing System -- Previously, the Public Works Department has expressed concern per- taining to the existing fuel storage/dispensing system for the diesel fuel at the maintenance garage facility. The concerns are summarized as follows: 1. Present gravity feed system requires substantial length of time to fill the City's major pieces of equipment due to the restricted flow rate created by the minimum elevation differential between the low supply in the storage tank and the high elevation of the newer pieces of equipment. 2. The City's Fire Marshal has performed an inspection of the present facilities and has determined that they are illegal and do not meet present fire codes due to the present ele- vated outside storage platform stand. 3. Recent discussions with the City's fuel supplier, Tripp Oil Company, indicate that in the very near future, they will no longer be able to provide daily fuel deliveries to maintain the 500 gallon capacity tank. Subsequently, the Public Works Department has had discussions with several suppliers to determine what would be available to adequately replace the present system with an accepatable means of meeting the City's minimal needs. Based on the City's current fuel usage, it is apparent that the City should proceed with the acquisition of a 2,000 gallon minimum underground storage tank that could be expected to cost approximately $2,500 to $3,000 with a "good, used service station electric pump" being able to be acquired for appro- ximately $500 to $600. With the City maintenance forces being available to provide the installation of this storage tank, the Public Works Director would request that specifications be prepared to receive quotations for a minimum 2,000 gallon underground storage tank with electric pump to be installed by Public Works Maintenance personnel. If the Council concurs with this procedure, the City staff would anticipate having quotations available for Council review by the middle of May. ACTION TO BE CONSIDERED ON THIS MATTER: To authorize the public works department to proceed with the solicitation of quotations for a minimum 2,000 gallon underground fuel storage system with an electric pump to be installed by public works maintenance per- sonnel. W Administrative Agenda Information April 5, 1982 Page Four 3. Disposal of Excess City Property - Lot 12, Block 2, McKee Third Addition -- For approximately eighteen months now, the City staff has been in contact with Shelly and William Lofgren regarding their acquisition of the north half of Lot 12, Block 2, McKee Third Addi- tion as referenced on the map enclosed on page 1Q . This property, presently under City ownership, was acquired t rough tax forfeiture approximately fourteen years ago. With only forty-three feet of frontage, it is currently undevelopable. However, the Lofgrens would like to acquire it to expand the size of their existing parcel (Lot 11) and to subsequently provide adequate maintenance. In researching this item, it was discovered that there is approximately $807.67 in outstanding unpaid assessments associated with this tax forfeited parcel. In applying interest at the rate of 87 per year, the total unpaid balance amounts to $1,615.09. The proper disposition of this piece of City property is summarized in a letter enclosed on pages 105 through 10(o. In response to this letter, the attorney for ER Lofgrens has responded, indicating that they do not feel it would be worth any more than $900 for them to proceed with the involved acquisition process required. That request is contained on a letter enclosed on pages jo7 g through 9 . There- fore, the staff would like to received'rection from the Council as to what amount should be required to be collected from this tax forfeit parcel before they would initiate the resolution de- claring this surplus property and its reconveyance to the state for public auction. It would be to the City's benefit to have this piece of property acquired by the Lofgrens as it no longer holds any benefit or public use for the City of Eagan and is cur- rently a maintenance liability. ACTION TO BE CONSIDERED ON THIS MATTER: To designate a minimum amount to be received for past unpaid assessments and authorize the staff to proceed with the reconveyance of this parcel to the State of Minnesota for subsequent public auction. 11 gAIIGE, Sxrm. EIDE & $ELLER, P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 3900 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Mr. Thomas L. Hedges City Administrator 3795 Pilot Knob Road Eagan, MN 55122 March 31, 1982 Re: Miscellaneous Assessment Appeals Dear Tom: AR" Cone 612 TELEPHONE 454.4224 The following is a summary of several assessment appeals that are pending and the purpose is to inform the City Council of their status and also to get some decisions as to the next step of the appeals. 1. Twin View Manor Assessment Appeal - Project 11264. You will recall that an injunction action was brought against the City to stop the construction of the street and utility improvements in 1980, but just prior to trial, the plaintiff residents dropped their action. On September 15, 1981, the Council held its assessment hearing and 12 property owners appealed the assessment, including about five who had petitioned for the improvement, and also had been very cooperative in the first injunction action. The appeal was scheduled for trial in District Court on April 7, and in our conversations with the attorney for the appellants, he indicates that the property owners intend to pursue their appeal. Therefore, we recommended that because no appraiser had determined benefit at the time of the assessment hearing, that the roll be abandoned and a reassessment hearing be scheduled for May 18, 1982, covering the same parcels. An appraiser will be contacted to get an estimate of cost of the appraisal. The reappraisal should only be on the parcels, however, where the appeals have been filed. 2. Dakota County Assessment - Galaxie Road. The County Board has now paid 50% of the total assessment on the Galaxie project against the Dakota County Park, without interest or penalty. The total assessment was 562,324.78 and the City Council had agreed to defer 50% of the assessment or $31,162.39, until such time as access was acquired from Galaxie Avenue to Dakota County Park for active park land use, with the assessments then being levied to the then existing residential equivalent rates for all of the balance of the 50% frontage. This appeal has now been dismissed. /00 Mr. Hedges March 31, 1982 Page Two 3. Thomas Lake - Carlson Lake Storm Trunk. To date, six appeals have been served. These are from Ketcham, Cjevre, Sanborn, Tschida, Vogen and Kubista. The time to serve appeals expired on March 18, 1982. Ketcham has brought a motion for summary judgment alleging that the method of appraisal is defective. That motion was heard March 18, 1982. Our office has prepared a legal memorandum in opposition tothe motion and has obtained Affidavits of Robert Hutchinson and Thomas Colbert in defense of the City's position. 4. Trudi Johnson - Dodd Road. We have received a decision from District Court Judge Fitzgerald concerning this assessment appeal. The total assessments were $32,323.00. The City's appraiser, Ray Connelly, used a benefit of 830,010.00, the property owner's appraiser, Tom Metzen, appraised the benefit at S11,300.00, and the Court decided the benefit was $11,300.00. He based the determination on the fact that there allegedly is only one buildable lot on the Trudi Johnson property, which has 800 feet along Dodd Road. He stated that he felt that the land was not capable of additional construction due to the high water table. Tom Colbert and Tom Hedges recommended that soil borings be taken of the Johnson property at both the northwest corner and the southwest corner to determine the buildability of the land, but the property owner refused to allow the borings. Again, the City's options are to appeal to the Supreme Court, which does not appear to be practical in this case, to. reassess at $11,300.00 or to reassess based upon a more accurate determination whether the land is buildable. 5. Lester Spencer - Cedar Avenue. You may recall that Lester Spencer appealed the assessments for Silver Bell Road in the sum of approximately $1,650.00. He also brought an action for $5,000.00 against the City, Road Machinery Supply and Barton Contracting Co. As to the latter, Eagan's insurance carrier, Home Insurance Co., is defending the City. Spencer has asked for 51,500.00 and apparently the three have not offered that at this time. He mainly wants from the City a catch basin and some other work around the intersection of Cedar Avenue and Silver Bell Road to correct what he claims are some drainage problems. Tom Colbert and Bob Rosene'have been working with him from time to time. If we don't get the case settled, we will make a motion to dismiss claiming that Spencer did not file an objection timely and, if we are not successful, we would then recommend that an appraiser be hired and that we go through the benefit process through the City Council. 6. Drexel Heights - Project #240'Street 'Improvements. The District Court has returned the assessments to the City and asked that the City reassess the Drexel Heights and Braun property for street improvements in the area. I am told by the attorney for Ralph Wohlers that the Pilot Knob Properties partner- ship is responsible for paying assessments and therefore the other individual property owners,according to his information, will not be directly assessed. Howe@er, they would be noticed because their names appear of record,in most cases, at the present time. Part of the reason for the increased assessments /01 W Mr. Hedges March 31, 1982 Page Three up to $3,800.00 and $4,467.00 per lot was due to the delay in construction and numerous other reasons. Tom Colbert is preparing a breakdown of costs on the project that may be helpful in determining the City's claims and where our exposure lies. skk Very truly yours, UGEE,� MITH, EIDE 6 RELLER, P.A. Paul H. Hauge �� Z Nos r ba W aoa IM W W IIuj Ir�II °I -a�t//V R 11AlfT ILLJ 1 2 14 AN e ,�e�f•��i5C•A?�a�Ti�2,-�Y�-�+{/�,:�?-J4�S-,.I.iSSY,�•_;S•e�+'� �}.- ... O j� fl I 111 �3 Ia Ix/ a :�..� \/ a° /to Is w ro % > 33 ' Cle �...1_ . / 23 :22121 20: M ,- � S 211, • r �.i. '' 301, 291 29 1 �; 1 WpY' �! q71 I r1 S5NyAJ L...� o_; /12 /t 101. _ Li. j C -7 r' 77 T �j r� ID 0= 'I \.' to/ •11 t f a �B�I00 78 12 78` 7E a 180--- 500 130 y iso 130 Sys. Uf lJs. m I 1 � M w 78 7B K E E F E N 130 78 78 M 10 9 ro ? r O a 0 0 .o io U O O m t a' Z f810- - 78 78 78 78 78 78 -810-- 78 78 78 78 8 7 6 5 - - S. 890 29' E. 990.00-- C, 90.00-- 78 78 78 78 78 1 7, 10' 4 3 : _ N 102 I N � ail r � A 78 78 I 78 r — F STREET 10 78 78 7878 4 3 2 I I acr i _ 4- CAP-SoN /97152RE J Cd TT l_0 BEA BLOIMOUIST YAYOR THOMASEGAN CITY OF EAGAN JAMES A. SMITH JERRY THOMAS THEODORE WACHTER ,NS PILOT KNOB ROAD COUNCIL MEMBERS P.O. BO%]ITN EAGAN, MINNESOTA" ' $5122 March 23, 1982 PHONE 454-8100 - SHET.TF.Y ICEMEN 2896 LEKIlT.mm AVE S EAGAN MN 55121: Re: LOP 12, BLOCK 2, MCKEE 3RD ADDITION Dear Ms. Lofgren: In response to your letter of March 5, 1982, I am forwarding to your agreement to be executed by you and Mr. William Lofgren pertaining outstanding special assessments associated with the above -referenced within the City of Eagan. THOMAS HEDGES CITY AOMINISTMTOR EUGENE VAN OVERSEKE CITY CLERK attention an to payment of parcel located Our City Attorney's office has informed me, after researching the title to the pro- perty that the City currently holds, that the only way that the City can dispose of title to this property is through a reconveyance of the property to the State of Minnesota for public auction. This results from the fact that the Citv acquired title to this property through a tax -forfeiture procedure. Subsequently, State law requires that disposal of this property must be through public auction through the reconveyance to the State of Minnesota. There is no other way that clear title to this property can be acquired other than this referenced procedure. Therefore, before the City Council will process the resolution reconve_ving this for- feited land to the State of Minnesota for public auction, we will require that the enclosed agreement be executed whereby the City will be assured that the past out- standing special assessments will be reimbursed. Normally, these past outstanding assessments are paid off frau the proceeds of the lot from the public auction sale, However, because it is not anticipated that this lot would generate much interest through public auction, we want to have the assurance that the assessments will be paid off through execution of the attached agreement in case the high bid is not sufficient to cover these outstanding assessments. Because this lot is not buildable and there is no other practical use for it but to be acquired by Lot 11, we feel that you will be able to easily acquire it for a Dri nimal price at the public auction. In summary, while we feel that going through the reconveyance of this property to the State of Minnesota for public auction may be cumbersome, we feel that it will not result in extra costs to you other than the outstanding special assessments that you have agreed to pay in concept through your ,,written offer of March 5, 1982. Our calculation of the outstanding special assessments tocrether with interest due from the date of imposition of said special assessments will amount to $ 1,615.09* which is through April 30, 1982. *(Principal - $807.67, Interest - $807.42) to S THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. Shelley Lofgren March 23, 1982 Page two We will await receipt of the executed attached agrearent before processing the recon- veyance resolution to the City Council to initiate the public auction process. If you have any Questions pertaining to this letter, please feel free to contact me. Sincerely, 0 ld P.E. Director of Public Vbrks TAC/jach cc - Brad Smith, City Attorney's office Ann Goers, Special Assessment Clerk IAA WILLIAM E. BOWEN 40 PARK. LANE MINNEAPOLIS. MINNESOTA 55416 612-925.1775 ik{ I,% April 1, 1982 Mr. Thomas A. Colbert, P.E. Director of Public Works City of Eagan 3795 Pilot Knob Road Post Office Box 21199 Eagan, Minnesota 55122 Re: Lot 12, Block 2, McKee 3rd Addition Mrs. Shelly Lofgren Dear Mr. Colbert: I represent the above -captioned individual, and her husband, William Lofgren, with regard to the above - referenced property. The Lofgren's and I both thank you for your letter dated March 23, 1982, concerning the subject property. With regard thereto, Mr. and Mrs. Lofgren are interested in acquiring the property in question as an addi- tion to their lot. The City of Eagan should understand, however, that their interests in such regard are not monetary in nature, i.e., the lot is not buildable and is not being purchased for resale. Their only interest is to improve the appearance of their property by making the yard larger, and to remove the problems that have been caused by this lot being somewhat casually maintained by the city. Mr. and Mrs. Lofgren are not interested in the property, however, if they would be required to pay more than the $900.00 sum referenced in their letter to you dated March 5, 1982. This is based upon the fact that (i) the lot is not being purchased for immediate economic gain, and (ii) they will be required to spend a substantial sum in quieting title to the property based upon the tax -forfeiture proceeding. I would hope that the City of Eagan would be inter- ested in pursuing this arrangement with Mr. and Mrs. Lofgren even though the full sum of assessments and interest would not /07 n Mr. Thomas A. Colbert, P.E. April 1, 1982 Page Two be recovered. The transaction would place the property on the tax rolls and would remove any costs that the city would have in maintaining the same in the future. _ I would really appreciate it if you would review this proposal with the necessary parties involved with the city and get back to me at your convenience so that we might discuss. Thank you for your cooperation and courtesy extended thus far. Sincerely, W 11iam E. Bowen •IJ MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 5, 1982 SUBJECT: ADDITIONAL INFORMATION FOR 4-6-82 CITY COUNCIL MEETING DEPARTMENT HEAD BUSINESS C. Park Department - Item #1: graphical error on pages—of $24,750.00 should be $42,750.00. Please note that there was a typo - the packet. The figure noted as Item #2: Enclosed on page 11-A is a map showing the area desired or acquisition of the I -35E ght-of-way and acreage to be dedica- ted by the Unisource Corporation. OLD BUSINESS OLD BUSINESS B. Conditional Use to Allow More than Three Amusement Devices at Cedarvale Shopping Center -- The applicant, Mr. Sam Nilva, repre- senting National Amusement Company, is unable to attend the City Council meeting tomorrow evening "due to circumstances beyond his control". He has submitted a letter which is addressed to the City Administrator and City Council. A copy is enclosed for your review and referred to as pages 43-A and 43-B. Mr. Nilva was unable to attend the last City Council meeting —and --did request a continu- ance until the April 6, 1982 meeting. Merchants at the Cedarvale Shopping Center have been advised that this item would be considered at the April 6, 1982 meeting. NEW BUSINESS E. Hilltop/Temporary Sales Office mation memo of April 2, 1982 on map describing the sales office the small trailer is enclosed as -- As stated in the page 80, a copy of location and also agenda infor- the location a picture of page 81-A for your reference. is / � aii•.nv �i.I IIJ� 1 • ' A o rl z ♦ > - m f O. py •,y .a %Y . t Y Y • M M � - F M u ..•. 1 ... �. ` �:... t ..•. r p. • 11. . Iq_ 4t r 1 f: li•) /d ry .u'�'"• .. W--Rw.—I� "•.;• SON . - r 1, ,, •w.. `._ e N -i � f � .�: .r t ( t � �i C ,� ' i�, etiti � 1 t .w. ��J. r• < rig •� _ . � i NATIONAL AMUSEMENT COMPANY 3924 Louisiana Circle P. O. Box 16206 MINNEAPOLIS, MINNESOTA 55416 (612) 925.3363 April 2, 1982 City Manager and Council City of Eagan City Clerks Office Eagan, Minnesota 55122 Gentlemen: Due to circumstances beyond my control I am unable to attend the council meeting on April 6th where we applied for a game room license at Cedarvale Shopping. Center, is to be discussed. I wish to take this opportunity to state our position on this matter. We have been in the kiddie ride and amusement game business for over forty years. Except for four years in the Air Force from 1941 to 1945 this has been our only business. We have been tenants of Cedarvale Shopping Center since the first day it opened, for business fourteen years ago. We have been there through the tenure of three landlords and many stores have come and gone in that period of time. I know there are a few tenants that object to our operation and our application for an amusement game room.- However, Mike's Shoe Repair and several others who have been there as long as we have, have no objection. In fact they feel it would help their businesses. The objection mainly comes from people like the bowling alley and others who have their own games in their establishments and are afraid of competition. In regard to the bowling alley, where intoxicating beverages are served, I am sure that you as parents would rather see your teenagers in an establishment that is properly managed by an older couple who are members of your community where no smoking, drinking or misbehavior of any kind will be toler- ated. As a matter of fact, one of our bitterest opponents is the snack bar who for some reason thinks we are going to compete with them. We have no intention of doing so and we object strenuously to their selling cigarettes out of a cigarette vendor where no one is on duty many hours of the day including Sundays and evenings. I have seen youngsters not even 15 years of age buying cigarettes from that machine, yet they oppose our operating a clean, no smoking, no profanity, no misbehavior establishment. Let me further state that we operate family amusement centers at 7 -Hi Shopping Center in Minnetonka, the KMart Store in Cottage Grove and St. Louis Park, the Faribo Plaza Shopping Center in Faribault, and we have never been cited once for any problems and we are very proud of our record. As past Commander of Minneapolis American legion Post #1, I am quite capable of finding people, usually veterans, to operate our establishments with a tight fist. I do not feel that the tenants of any shopping center have the right by petition or otherwise to prejudge what my business establishment will do for the community. All we are asking for is a trial period and let me assure you that our landlord has much more to lose than any of the tenantsifwe do not operate our establish- ment according to the rules and regulations of the community. We are the ones who will have the investments there and if the room becomes a nuisance I am sure we will be asked to depart. All we ask is a fair chance to prove that we can be good neighbors and add something to the community as a whole. Trusting you will give us the opportunity to prove what we say, we remain yours truly., i Sam G. Nilva National Amusement Company SGN:ls 5 N 3 SJ (O1Y.AK. CO. MONUMENT - -- 1233.17 --- 580.17 N0021'39"E CO. '10. '31 PILOT 'Kz ,,_..19.71 --' : 1791 .._-___—__._.... ...—.—_.._...... � .. __ 1__:-"`i a IS 3000 n tl 75 a 174.74". N0005'35"E SB0.10 � YID IG �.1 E :W 110.10 B E - R:5' COUNTY 2(9.45 X132 'ROAD Do M Uo•C O oW, a 0 OC PI LOT:' �IJ�Q—+ N �1 156E :KNOB _.. �o 75.00-4 o I� L„ < 9.67 W UIN 2 1 a o k .. n` C` W. M. ~ A C� N 0 ' � •.. C Ip y ,. �r r o �- W o z LD I m a L Ci a o m'' Y ' ria .;' -•, I I - 7 s 1 I,. 1Y5Y1��1'e .. 1 002 O Y 32 Y,`I I 1 L-99.74 _ 4 A-21— 324970"` F 1'zl v Y " R T '� - N -�} o V67 4( 75.00• —.T166.67' " • 1. i :'l:.:J... a 174.74". N0005'35"E 17474 N0005'35 ;.E R:5' 66.23 106.51 — }j 2(9.45 X132 Do M Uo•C O oW, a 0 OC D �IJ�Q—+ O r— v .A ? D o �o y z o I� L„ < I W UIN 7500 - 3579 ---- o —521,29 m m irn• Ln 0.0 "Mi a�'j?— AI�- m MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 5, 1982 SUBJECT: TVQ/HBO SUPPLIER TO SINGLE FAMILY & TOWNHOUSE DWELLING UNITS There is no additional information to share regarding the TVQ action to provide HBO for home owners in the Cedar Cliff subdivision as well as adjoining subdivisions. Mr. Steve Darling, who resides in the Cedar Cliff Addition, had informed me last week that he did have a copy of a letter that I referenced in a memorandum last Friday; however, when I received the information today, it was exactly the same as the data mailed out to each member of the City Council last week. Mr. Tom Creighton, our special legal counsel for cable, is in New York and will not return until tomorrow. Therefore, I will not have any additional information from him as to any findings he made since last Friday until the City Council meeting tomorrow evening. i�j.& Q City A ministrator