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�! I I I I• I I I i(IIF� •
1[�}•I w,.N. ...^-T+r �.• �.:�.N/rilt�Il 7<� .•511 ••••'rr•—f'� .�•'•_! ...�
'Y i�,�.1vy /rlt' � C�'r t. :Y:^ `; i.l: �j:ii:�.;\•,: '.. _1 ,.. t � � �..( '!C'f '•'''dil".._ �`!^���:. 1..^ •�•-;•+1
r'i• 'ti' -'Ic �. is\li .. :i: ;: ,S�'. ,✓�. ♦ r'. i'i•..•;\ii.l iip: 1J -:.'V.. ..l'; { •M1. 1 •, ./.: .a.
-.j' ^iFi:r. 1: '(t.{. [�Y. �.: 9,}':��y..•. a,'• Y t.., I� .,I� r•�ahr{r '.i fi �• r-
• j• :g (i[•" "Ji .lr`. M. 111:i '� 'a.i t,. �..ry(1.. t. . ai. t/. :i'�i't`` li}''. 1S',l`� •.'� �.. •-�. .t;'�;..' !i
r.•:�'—.7 .:)`-LTA °I:1. n•s: ..,. rl..l y„„ .1: �-..._ .r +/.titS �;-+t. '; �'7., y +.���,�y 1S:.,: y.,;,.,•;'.:. :i: t", t: •I:'''�. ;..� . .1�, . 1.�.'� : � '
���y .., .F „�iJ♦ y'/�•y •9 I ..1:.•i ..l FF -/y • y! '�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.
Director of Public Works
TAC/jack
5a
r _/f
-- ----- -=i-1 - T
?. �,� il'•�''- �_ - ice' Z" °
J r Q
NP_2`(L N e
GUN CLUBI `\ ` / IN'95T No �3
�N LAN^'VALLICYL
�_ e _ �•BP_IT �
IEEY
IElm"
OER
i -A I
—
x� l
cP-9
-. 696,0 _ ./EADOWi
700. ,
0 rr
e,5/'�7/,M. e
.•- rr�4{' /I !IOU CRK o84,00
CIP
y
-9ITX app
CXEIGXT6
/00
MENDOTA\\/�5 I4`\
U.S.
ljlll-1
—II!Hk
L 4R`/'j �P `1j Vii /1 11 1;./)]I- 1 .�.,�-r-�--1
// •_b OY JW ♦ CP -6.. i'/.'90/ J_a /l °4a 6 3:' LYi� ._c.., a' -�
d1 \9. \j 806.0'1' ��� '1� 670.0
.,q ��E2GCVI�e '-+.ap' f-�1 / JP -1 �/ JP%2� . 1.6 ..I
A -bb I LrS� �I X60 I rr'J950D PILOt JKhRIY15 l �I ���
a AP -27_4 \ "'�. I —ms�C 8661po3\ (�P-455
'n 7963 —��- li� � • — �7, 871.0 690. ly
W.
„JP -3 f'. -P, L:7}.
440
QQ h 0 t
ii` I n.'•�--JP- 4 'LAN, .0 CIT 8790 \
6i00 BLsy- / I,1 _
IN NAP -5- LS. -2 f�. , x 9390 v
i8165`ENTEOBI00 BP -1 Nr ///BP -26 ` �.i, III - BPS1 I__ JP_44
I,g(90 .. 71S ! / L�FJWR4q'Y aiM\" .___ .B.70Q B90]
8960__:
5 rlipY-�I OL ACNXAWN , aY,. q
903.6 huh...... Q�
l 808.0 •-r- ... -I..:... IF �F
-ANX Jp_5d
ez5e.°off l `'"'"REHENSiVE STORM SEWER PLAN
• 794
j- s J ff ;.Elf ill
AP•2_"!'?..•�-f BP -29 IY /BP -29 ��i'/I�_.I
908.0 F Jn 0620 - I B/BO VL.S.-I2 q1
BU.O i..78_a 8660 i.,�7�T_7 �_n
I �e e^ il_vrovp4E I I __
.r }\lea.. Ea�l,�o _Iax. .. •�-i 1.�--1�30��. JP'36— . 3B ezlQ Iii
�5
- , a'• _T .. .. tJ-�j �J y ,ie]06 JP-35zoD -\
�.II• L..1 `�I ,L_[I Tl i (`/ BP -3 1•it' II '/��.y',`�--i Y Bili
A?p_L, 1tl.lr (r.i1 d:Y al
'OALE ,% B9J0 BB -2 r8��.
\o. .. .. .i�J :1% Brco :.I (F-1. JP ,37 P1T I +a r.vic. ?;I •�
CN
I
LAKE
rLt • .•.• ru.•y•
••. e4 M lM.l\ •
IOINfERI
COMPANY, INC.
_ • r .. •. r n. w•••.0 l....•.vo uw w w .
mm
PROPERTY DESCRIPTION
Iwtr 1•tL tl IM fe11F•tfl eWtl[I tl IN( IYrinwttl
gYtr{rr > rn{ rglnwLSl q••tl(11 > fLLlri 0.
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 . I , Ib GB t� 1 / -
// y� :•? r if r aoro�_L \ Ind - ••
uwd . J��S
�/ a1'�i -- _ _ �eF-c. -}^�:. lam. I �; yTT
� /! •\
_•/LAIC 7 ♦.; COMMERCIAL
PLANNED DEVELOPMENT
R Jc�T .`tR•17..• I� _� IndI:°
_ -- _ •�' ._a.l T,. i-!.,.. Ind ,,.•.:.:=:M. �:-�"':.. v. •%'�°v
PR® T—
?
^� Inds
'• R Il 4 weom nT
38
P ^I I �III� ^� �, Ind - I: .
-
Ind _ - R411F
Ij
R-II R 11 NB �.r':` LB
R-11R 19 rim, R-III Int
-'�'�Jr' w. _ S'Ind
R-1 .- I RII y
(R11
RI'
�.�. �
Rill rost.l .`� •T R-1 — - S` RI'" E
.'R—lure n- i r�1 i �.e, .d1 M.0 \ • ..• / Lh. �. 1' S _ I'�"l•
P
R-I < _ R-II . , j R-11
!=11 -
."'ti'a��7r" � �—_•1' •I� i -�.r rte. I z � 24: P. .: �/f
,/ ` :R•GP
�D 1 Rte'.. R-11. r•�
RSI R_•... ,r..
p
R-III
-. RB int .f_.. - ..
6.8111>1 I! RLt_...••\
1 R-IIY R III R++ ?, __t:t�� CSC/GB/ —
r ��, R-Ill - ¢ �1— R II :mss -,_ R-4
f�
P s SCJ.
it •R-11 R-11 I P -� X'+..a'• ?,� I s.! ® R-II
I I �
/i F •I ',:•,�Lrsi + ...tom+ • I.� { Iil nst+aw, 1177 r;8 p
>"'I/�BJI RI �/•i, ...`...: CSC _'�II-/..�' 1.-,,� i`',i I., I�.r
- I q J •. V Y i
LB i
R-1
R-I J r l
R
O It p :. I P. t;
R-II P� R1 GOLF. ' . v ne Ci . - RII -•
r: 33 Ra
R-12 : RII • P _ . � . R-II
r�
Pyl
:LEY POSEMOUN�-,
H �o
x LOST SPURFC r_..'. r , !
COUNTRY
A6AN,D 1 1 T
CLUB i I
PF LB —1 ,T....ENL Y LI
�T..
NO 31 A j ! l I
D 1, LI
VA Y F IGH 'VIEW! R r
AA
�•� / PAR
Y-�D RRtS CO TRY �:..• Nfd I y
•: Ll / i A
R-1
R-I
TREFFLE ACRES
R-1 >' i
IR-T A
A oPP '.I r� ���.B^ G B
PD 1 OME i
^• , t
IF
`PFr ,
U S POSTAL
SERVICE
Ll
i
RD
W
' I ADDITION a
NB1
R-4
GB -
A _
A
100AA G8
RB�
obsc
F��aL4
R-4
75-3 hr, CSC 67 I I.
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�! I I I I• I I I i(IIF� •
1[�}•I w,.N. ...^-T+r �.• �.:�.N/rilt�Il 7<� .•511 ••••'rr•—f'� .�•'•_! ...�
'Y i�,�.1vy /rlt' � C�'r t. :Y:^ `; i.l: �j:ii:�.;\•,: '.. _1 ,.. t � � �..( '!C'f '•'''dil".._ �`!^���:. 1..^ •�•-;•+1
r'i• 'ti' -'Ic �. is\li .. :i: ;: ,S�'. ,✓�. ♦ r'. i'i•..•;\ii.l iip: 1J -:.'V.. ..l'; { •M1. 1 •, ./.: .a.
-.j' ^iFi:r. 1: '(t.{. [�Y. �.: 9,}':��y..•. a,'• Y t.., I� .,I� r•�ahr{r '.i fi �• r-
• j• :g (i[•" "Ji .lr`. M. 111:i '� 'a.i t,. �..ry(1.. t. . ai. t/. :i'�i't`` li}''. 1S',l`� •.'� �.. •-�. .t;'�;..' !i
r.•:�'—.7 .:)`-LTA °I:1. n•s: ..,. rl..l y„„ .1: �-..._ .r +/.titS �;-+t. '; �'7., y +.���,�y 1S:.,: y.,;,.,•;'.:. :i: t", t: •I:'''�. ;..� . .1�, . 1.�.'� : � '
���y .., .F „�iJ♦ y'/�•y •9 I ..1:.•i ..l FF -/y • y! '�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.
Director of Public Works
TAC/jack
5a
r _/f
-- ----- -=i-1 - T
?. �,� il'•�''- �_ - ice' Z" °
J r Q
NP_2`(L N e
GUN CLUBI `\ ` / IN'95T No �3
�N LAN^'VALLICYL
�_ e _ �•BP_IT �
IEEY
IElm"
OER
i -A I
—
x� l
cP-9
-. 696,0 _ ./EADOWi
700. ,
0 rr
e,5/'�7/,M. e
.•- rr�4{' /I !IOU CRK o84,00
CIP
y
-9ITX app
CXEIGXT6
/00
MENDOTA\\/�5 I4`\
U.S.
ljlll-1
—II!Hk
L 4R`/'j �P `1j Vii /1 11 1;./)]I- 1 .�.,�-r-�--1
// •_b OY JW ♦ CP -6.. i'/.'90/ J_a /l °4a 6 3:' LYi� ._c.., a' -�
d1 \9. \j 806.0'1' ��� '1� 670.0
.,q ��E2GCVI�e '-+.ap' f-�1 / JP -1 �/ JP%2� . 1.6 ..I
A -bb I LrS� �I X60 I rr'J950D PILOt JKhRIY15 l �I ���
a AP -27_4 \ "'�. I —ms�C 8661po3\ (�P-455
'n 7963 —��- li� � • — �7, 871.0 690. ly
W.
„JP -3 f'. -P, L:7}.
440
QQ h 0 t
ii` I n.'•�--JP- 4 'LAN, .0 CIT 8790 \
6i00 BLsy- / I,1 _
IN NAP -5- LS. -2 f�. , x 9390 v
i8165`ENTEOBI00 BP -1 Nr ///BP -26 ` �.i, III - BPS1 I__ JP_44
I,g(90 .. 71S ! / L�FJWR4q'Y aiM\" .___ .B.70Q B90]
8960__:
5 rlipY-�I OL ACNXAWN , aY,. q
903.6 huh...... Q�
l 808.0 •-r- ... -I..:... IF �F
-ANX Jp_5d
ez5e.°off l `'"'"REHENSiVE STORM SEWER PLAN
• 794
j- s J ff ;.Elf ill
AP•2_"!'?..•�-f BP -29 IY /BP -29 ��i'/I�_.I
908.0 F Jn 0620 - I B/BO VL.S.-I2 q1
BU.O i..78_a 8660 i.,�7�T_7 �_n
I �e e^ il_vrovp4E I I __
.r }\lea.. Ea�l,�o _Iax. .. •�-i 1.�--1�30��. JP'36— . 3B ezlQ Iii
�5
- , a'• _T .. .. tJ-�j �J y ,ie]06 JP-35zoD -\
�.II• L..1 `�I ,L_[I Tl i (`/ BP -3 1•it' II '/��.y',`�--i Y Bili
A?p_L, 1tl.lr (r.i1 d:Y al
'OALE ,% B9J0 BB -2 r8��.
\o. .. .. .i�J :1% Brco :.I (F-1. JP ,37 P1T I +a r.vic. ?;I •�
CN
I
LAKE
rLt • .•.• ru.•y•
••. e4 M lM.l\ •
IOINfERI
COMPANY, INC.
_ • r .. •. r n. w•••.0 l....•.vo uw w w .
mm
PROPERTY DESCRIPTION
Iwtr 1•tL tl IM fe11F•tfl eWtl[I tl IN( IYrinwttl
gYtr{rr > rn{ rglnwLSl q••tl(11 > fLLlri 0.
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 . I , Ib GB t� 1 / -
// y� :•? r if r aoro�_L \ Ind - ••
uwd . J��S
�/ a1'�i -- _ _ �eF-c. -}^�:. lam. I �; yTT
� /! •\
_•/LAIC 7 ♦.; COMMERCIAL
PLANNED DEVELOPMENT
R Jc�T .`tR•17..• I� _� IndI:°
_ -- _ •�' ._a.l T,. i-!.,.. Ind ,,.•.:.:=:M. �:-�"':.. v. •%'�°v
PR® T—
?
^� Inds
'• R Il 4 weom nT
38
P ^I I �III� ^� �, Ind - I: .
-
Ind _ - R411F
Ij
R-II R 11 NB �.r':` LB
R-11R 19 rim, R-III Int
-'�'�Jr' w. _ S'Ind
R-1 .- I RII y
(R11
I'
�.�. �
Rill rost.l .`� •T R-1 — - S` RI'" E
.'R—lure n- i r�1 i �.e, .d1 M.0 \ • ..• / Lh. �. 1' S _ I'�"l•
P
R-I < _ R-II . , j R-11
!=11 -
."'ti'a��7r" � �—_•1' •I� i -�.r rte. I z � 24: P. .: �/f
,/ ` :R•GP
�D 1 Rte'.. R-11. r•�
RSI R_•... ,r..
p
R-III
-. RB int .f_.. - ..
6.8111>1 I! RLt_...••\
1 R-IIY R III R++ ?, __t:t�� CSC/GB/ —
r ��, R-Ill - ¢ �1— R II :mss -,_ R-4
f�
P s SCJ.
it •R-11 R-11 I P -� X'+..a'• ?,� I s.! ® R-II
I I �
/i F •I ',:•,�Lrsi + ...tom+ • I.� { Iil nst+aw, 1177 r;8 p
>"'I/�BJI RI �/•i, ...`...: CSC _'�II-/..�' 1.-,,� i`',i I., I�.r
- I q J •. V Y i
LB i
R-1
R-I J r l
R
O It p :. I P. t;
R-II P� R1 GOLF. ' . v ne Ci . - RII -•
r: 33 Ra
R-12 : RII • P _ . � . R-II
r�
Pyl
:LEY POSEMOUN�-,
H �o
x LOST SPURFC r_..'. r , !
COUNTRY
A6AN,D 1 1 T
CLUB i I
PF LB —1 ,T....ENL Y LI
�T..
NO 31 A j ! l I
D 1, LI
VA Y F IGH 'VIEW! R r
AA
�•� / PAR
Y-�D RRtS CO TRY �:..• Nfd I y
•: Ll / i A
R-1
R-I
TREFFLE ACRES
R-1 >' i
IR-T A
A oPP '.I r� ���.B^ G B
PD 1 OME i
^• , t
IF
`PFr ,
U S POSTAL
SERVICE
Ll
i
RD
W
' I ADDITION a
NB1
R-4
GB -
A _
A
100AA G8
RB�
obsc
F��aL4
R-4
75-3 hr, CSC 67 I I.
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