Loading...
05/18/1982 - City Council Regular,..AGENDA EAGAN CITY COUNCIL EAGAN, MINNESOTA REGULAR MEETING CITY HALL MAY 18, 1982 6:30 P.M. SPECIAL NOTE: Due to a school board election in Independent School District #196 on May 18, 1982, no formal business can be transacted until after 8:00 p.m. Therefore, the City Council will use the period of 6:30-8:00 p.m. as a workshop session. The public hearing section of the agenda will begin at 8:00 p.m. with all other formal items to follow. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES - III. DEPARTMENT HEAD BUSINESS Q. A. Fire Department e' C. Park Department B. Police Department D. Public Works Department QQ' IV. CONSENT ITEMS (One motion approves all items) A. 911 Emergency Telephone Grant Agreement C,11 B. Temporary 3.2 Beer License — Dale Goergen 1\ C. Temporary 3.2 Beer License — Arnold Doering Q 11 D. Contract 82.2, Change Order #1 (Briar Hill 4th Addition) e.l2 E. Project 356, Present Feasibility Report/ Order Public Hearing (Comserv) P%I -F. Excavation Permit — Oakwood Hts. Condominiums (Countryside Builders, Inc. P,►1 G. Contract 80-21, Change Order #1, Blackhawk Lake Trunk Storm Sewer Outlet V. 8:00 — PUBLIC HEARINGS Q•13 A. Project #264A, Reassessment Hearing, Twin View Manor Utilities e,lg B. Project #274, Reassessment Hearing, Silver Bell Raod Area Streets & Utilities C. Project #264B, Assessment Hearing, Twin View Manor Streets e VD. Project #284B, Assessment Hearing, Windtree Addition Streets e 23 E. Project #293B, Assessment Hearing, Windcrest Addition Streets Q ZSF. Project #308B, Assessment Hearing, Duckweed Trail Streets e 13G. Diamond Lake, Inc., for Industrial Revenue Bond Financing in the Q Amount of $750,000 VI. OLD BUSINESS VI1. NEW BUSINESS �ltt, A. Gerald & Shirley Smith for a 10' Variance from a Front Yard Setback Located at 4367 Onyx Dr., Lot 22, Block 3 Cedar Grove 4 p 40� B. McDonald's Corporation for a Variance to Exceed the Allowable ` Height for a Pylon Sign Located on Lot 1, Block 1, Mari Acres (�O C. Roger Kreidberg of Scheutt Investment Co. for Preliminary Plat B Approval, Berry Ridge Addition, Consisting of Approximately 3.65 Acres, Located on Lot 11, Block 3, Hilltop Estates Q%S D. Pilot Knob Shopping Center, IRB Financing/Request for Extension 'f? E. Lone Oak Heights for Temporary Sales Office Q 0 Eagan City Council Agenda May 18, 1982 Page Two 6 VIII. ADDITIONAL ITEMS Q1 A. Contract 82-4 (Twin View Manor 2nd Addition, et al, Streets) Receive Bids/Award Contract Q 0 B. 1982 Health Insurance Bids C. Joint Burnsville/Eagan Cable Commission Update IX. VISITORS TO BE HEARD (For those persons not on the agenda) X. ADJOURNMENT i 0 MEMO TO: HONORABLE MAYOR & CITY COLNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 14, 1982 SUBJECT: AGENDA INFORMATION After approval of the April 20 and May 4 regular City Council minutes and the May 18, 1982 City Council agenda, the following items are in order for consideration: (Special Note: The page or pa'g'es to be corrected by the City Attorney regarding the April 20, 1982 regular City Council minutes are enclosed on page FIRE DEPARTMENT A. Fire Department -- There are no items the Fire Department at this time. POLICE DEPARTMENT to be considered for B. Police Department -- There are no items to be considered for the Police Department at this time. PARK DEPARTMENT C. Park Department -- There are no items to be considered at this time for the Park Department. PUBLIC WORKS DEPARTMENT D. Public Works Department -- Item #1: Request of Ann Pietsch Mrs. Pietsch's request to the City Council was a sc e u ed agencTa item under Public Works Department at the May 4, 1982 regular City Council meeting. In the absence of Mr. or Mrs. Pietsch, this item was continued until the May 18 meeting. Mrs. Pietsch has informed me that they are planning to be present. For your information, Mr. and Mrs. Pietsch were granted a deferment by the City Council for certain assessments against their property located on Dodd Road. The property is recorded in the names of both Mr. and Mrs. Pietsch and therefore the agreement of record between the City of Eagan requires both Mr. and Mrs. Pietsch's signatures. Mrs. Pietsch has requested special consideration by the City to waive the signature of her husband which would allow her to proceed with the assessment deferment. If the assessment deferment agreement is not exercised, the assessments will be levied with the property taxes this year. The City staff, including both the City Adminis- trator and City Attorney, has explained to Mrs. Pietsch that the City staff cannot waive this right of signature. Due to the Pietsch situation, there are too many uncertainties providing risk to the Agenda Information Memo May 14, 1982 Page Two City. Mrs. Pietsch was advised that she consult legal counsel in an effort to work out this problem on a personal level. Mrs. Pietsch has asked to appear before the City Council and therefore was scheduled as a part of department head business. Her letter was difficult to reproduce and therefore a copy has been typed and is enclosed on page __!$ for your reference. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny waiving Mr. Pietsch's signature on the deferment agreement between the City of Eagan and Mr. and Mrs. Pietsch. Council Minutes • May 4, 1982 • PHH LEXINGTON PLACE PRELIMINARY PLAT CITY COUNCIL MEETING OF APRIL 209 1982 After the motion made by Smith and seconded by Wachter to approve the application with 4 conditions, on page 6 of the Minutes of the April 20, 1982 meeting, the Minutes should be worded as follows: "Mayor Blomquist recom- mended a limit of 12 studio units and submitted a proposed Resolution in the form of an amendment for consideration by the Council regarding approval of the application which was rejected. Those in favor of the motion were Wachter and Smith; those against were Blomquist, Thomas and Egan. The motion failed. There was considerable discussion concerning the number of studio units that should be allowed. Mayor Blomquist then submitted the following Resolution: WHEREAS, U. S. Homes, Inc., has applied for preliminary plat approval for a 672 -unit condominium complex consisting of 28 buildings with 168 studio units, and WHEREAS, the City of Eagan's Comprehensive Guide Plan provides for goals and objectives in housing; and, WHEREAS, Table 12 p. VIII -27 provides for a goal of 50 modest cost dwelling units within Section 14 of the City where this development is pro- posed; and WHEREAS, it is the policy of the City to distribute modest cost housing in a reasonable manner about the City; and WHEREAS, a reasonable upgrading of Table 13 P. VIII -30 for inflation since 1978 would result in the studio units being classified as modest cost housing; NOW THEREFORE, upon motion by Blomquist, seconded Eagan, it was Resolved as follows: 1. That the preliminary plat application of U. S. Homes be approved subject to the following conditions: a. That no more than 50 studio units 'as described in the applica- tion be allowed so that additional modest cost housing may be allowed in Section 14 within the goals of the Eagan Compre- hensive Guide. b. etc. 12 3 _ G-�; � , `J`� �f�•.F<Cver� r � �L�.. �e��c-aG . JF'/'L'>..;' .c_ s��:.sr�-.< .—. -� �z%c- G[ct-or�ia�s,clu _�-i' /r.� y.,�.rc:�. G�� xe.� °• .�,� - \, ... .�UZC.cC. �/C 1�2 .!%/L(-e'..=L� /T%FLrL iCLn.•c. �;C/C/ Z1r .+�.0 zz 2-- 4 / _.. ---- - ��Z � G,.h�..�•c%� kip ��„ �` �Crnc.� /�,� / 7�� A .-- li.�.��� -_._---_-��.. -.� �, �.lo,� Gee �� 0�4�.•� �� .6�,�._---- "To the Honorable Mayor,�`� "My name is Ann Pietsch. I live at 4275 Dodd Road, Eagan. My hus- band and I are separated. I've got.a deferment for the acessments but my husband will not sign. I make the payments. Therefore just for this year until I know more what will happen with this house, I would very much like for you to consider just one signature on deferment papers. I can not afford $100.00 per month to be attached to this payment. Also with the past record of payment on this mortgage the mortgage company will not go along with late payments. I have struggled all my life and I don't need a for - closure of this house because of acessments which we did not want here. We had to be one of the mis-fortunate people who have to pay interest yet on this money due for acessments which we can not come up with -- which is over $9,000.00. Is a lot of money. I contacted city attorney for help they said I should write the Council. I want to appear before the Council if necessary. I am very concerned about this matter. I need a home to live in. I can not afford to loose it because of acessments due. Mrs. Ann Pietsch 4275 Dodd Road Eagan, Minn." • 0 Agenda Information Memo May 14, 1982 Page Three Item #2: Project 257, Public Works Committee Meetin (Pat McCarth aim or ama es -- a Pu is or s ommittee met on Tuesday, ay at :30 p.m. on forty acres of land owned by Mr. McCarthy located at the southwest corner of Deerwood Drive and Pilot Knob Road to review his claim for damages resulting from the restoration performed for the above referenced project which pro- vided for the installation of a trunk storm sewer outlet from Thomas Lake to Blackhawk Lake. Copies of the background information per- taining to this Public Works Committee Agenda was forwarded to all City Council members previously. Committee chairman Ted Wachter, committee member Jerry Thomas, and Public Works Director Tom Colbert met with Mr. McCarthy to walk the specific property in question. While the soil sample analysis performed by Twin City Testing, Inc., indicated no significant difference the soil located in the construction zone as compared to the undisturbed soil elsewhere on his property, the visual inspection by the Public Works Committee did notice that there were areas where erosion had occurred, washing away what minimal topsoil there was and exposing rocks and boulders in certain areas. The field inspection verified Mr. McCarthy's contention of his attempt to till this field for planting. However, he contended that due to the type of soil provided in the restora- tion it was not condusive to proper tillage nor an ability to sup- port crop growth. While the contractor made every attempt to sal- vage and replace whatever exising topsoil there was along this alignment, it should be noted that this is the second time that a major utility construction took place along this alignment. The original construction was to install the trunk sanitary sewer line that was installed in 1972. Consequently, after two con- struction projects, what limited topsoil originally existed could have slowly diminished and been lost in construction. It was noted that the quality of the soil was not highly rated to begin with or in the adjacent undisturbed areas. However, Mr. McCarthy still contends that he is unable to make use of this field. Subsequently, he is demanding that the City replace a foot of topsoil over the 3.72 acres of disturbed land to enable him to continue his farm operations. To replace this amount of topsoil over the disturbed area would take approximately 6,000 c.y. at an estimated cost of $22,500. Agenda Information Memo May 14, 1982 Page Four Public Works Committee Recommendations Because of the excessive costs associated with replacing new topsoil over the disturbed area which would result in a quality of land better than what originally existed, .it was the committee's recom- mendation that the City consider "renting" this construction area from Mr. McCarthy for the negotiated $100 per acre figure as agreed to by Mr. McCarthy. Mr. McCarthy indicates his intention to con- tinue farming this field for fifteen years which would result in a cost to the City of $6,000 over the fifteen year period. However, it was the committee's recommendation that the rate of $100 per acre be approved resulting in an annual payment of approximately $372 to be paid to Mr. McCarthy on an annual basis for each year he is unable to make use of this property for farming purposes. Mr. McCarthy's request for Council consideration is for the replace- ment of topsoil. However, he has given an indication of his wil- lingness to accept the "rental" alternative as suggested by the committee. The Public Works Committee will be available to discuss this item in further detail with the full Council on May 18 to obtain a final resolution to this question. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny Mr. McCarthy's claim for damages and establish an acceptable alternative if City liability is determined. R 0 0 Agenda Information Memo May 14, 1982 Page Five i CONSENTI 'ITEMS! There are a total of seven (7) 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. 911 EMERGENCY TELEPHONE GRANT A. 911 Emergency Telephone Grant Agreement -- The City has received a revised agreement from Dakota County regarding the 911 emergency telephone service agreement. In a letter from Joseph Schur, Director of Planning & Human Services for Dakota County, he stated that apparently the grant agreement amount as prepared by the Mcto- politan Council staff was in error. The correct amount of the grant to the City is $20,799 and not $22,367 as originally indi- cated. The original amount in the April 12, 1982 letter from Dakota County included some network installation costs. These network installation costs will still be paid by the County, but the direct grant to the City must be changed to reflect the installation cost of 911. Therefore, enclosed on pages $ through _/6- is a copy of the letter from Dakota County Including a copy of tTie re- vised grant agreement. ACTION TO BE CONSIDERED ON THIS MATTER: To terminate the previous grant agreement as executed at the May 4, 1982 City Council meeting and approve the revised grant agreement as stated. �I'Xax'.41 ' v,LT1yf7 .IEFFRFY I. CONNELI. UrQctor O1 Plannma PLANNING SERVICES Phv31e31 Develom"Oril DAKOTA COUNTY GOVERNMENT CENTER 1560 HWv 55 - HASTINGS. MINNESOTA 55033 16121 43).0225 May 4, 1982 Thomas L. Hedges, Administrator City of Eagan 3795 Pilot Knob Rd. Eagan, MN 55122 Dear Tom: JOSEPH P iCHUR Director a! Plannmy Hkiman Services In reviewing the 911 Emergency Telephone Service Grant Agreement amounts with Metro Council staff, an error was discovered. The letter dated April 12, 1982, and the contract attached to that letter, included a grant amount of $22,367 for the installation of 911 in your City. In talking to Metro Council staff, it was determined that the correct amount for your City is $20,799. The original amount in the April 12, 1982 letter included some network installation costs. These network installation costs will still be paid by the County, but the direct grant to the City must be changed to reflect the installation cost of 911 at your PSAP only. Please find attached, a revised grant agreement which reflects the change described above. I regret any inconvenience this error may have caused. If you require . further explanation or have any other questions, please do not hesitate to call upon me. JPS:vk Enclosure r— r6 COMMISSIONERS— Sincerely, Joseph P. Schur Director of Planning, Human Services IST DISTRICT 2Ho DISTRICT 3RD DISTRICT 4TH DISTRICT STH DISTRICT JOSEPH A. HARRIS GERALD E. HOLLENKAMP JOHN S. VOSS GENE ATKINS RUSSELL STREEFLAND HASTINGS SOUTH ST. PAUL BURNSVILLE INVER GROVE HEIGHTS BURNSVILLE 0 GRANT AGREEMENT WHEREAS, the Dakota County Board of Commissioners, • hereinafter the Board, and the City of Eagan , hereinafter the City, are desirous of establishing 911 Emergency Telephone Service within the municipality, and WHEREAS, the Board by Resolution 81-718, adopted December 22, 1981, has authorized the grant of $ 20,799 to the City to reimburse the City for the expense of establishing a Public Safety Answering Point, hereinafter PSAP, within the 911 system, and WHEREAS, the City is willing to establish, maintain, and operate the PSAP within the City. .. NOW, THEREFORE, the Board and the City do mutually agree as follows: 1. The Board will reimburse the City $ 20,799 for the expense of establishing the PSAP to be operated within the City, such reimbursement to be made in January, 1983. - - 2. The City will establish, maintain and operate the .- PSAP for the City within the countywide 911 system. '.. -. 3. The city will assume the expense of purchasing the power supply unit for the operation of its PSAP and will so pur- chase the unit. - 4. The Board shall be entitled to receipt of the 208 71 reimbursement from the U.S. Department of Transportation for installation of the 911 system. 5. The City will hold harmless and defend the Board 3;z?.r;<;"s.:,;;:..i<s�,;-;:y;;:.:_•:;i and Dakota County from any claims arising through the establishment, installation, operation, or maintenance of the PSAP - 911 system within the City. 6. The City agrees to comply with all laws and regulations, g lations, both federal and state, relating to the expenditure " - of these funds, including but not limited to those laws prohibiting discrimination on the basis of race, religion, national origin, sex, or handicap. Q Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed. Approved as to form: Assistant County P torney/Date Approved as to execution: Assistant County Attorney/Date Approved by Dakota County Board Resolution No. 81-718. This instrument drafted by: DMF Dakota County Attorney's Office Dakota County Government Center Hastings, Minnesota 55033 Telephone: (612) 437-0438 COUNTY OF DAKOTA By Gene Atkins, Chairman Hoard of Commissioners Date of Signature Attest Carl D. Onischuk, Auditor Date of Signature CITY OF By Title Date of Signature Attest Title Date of S gnature C-82-14 Page 2 of 2 0 0 Agenda Information Memo May 14, 1982 Page Six TEMP. 3.2 BEER PERMIT - DALE GOERGEN B. Temporary 3.2 Beer Permit for Dale Goergen -- An application for a non -intoxicating malt liquor license was applied for by Mr. Dale Goergen residing in Apple Valley, Mn. The purpose of the special temporary 3.2 beer license is for use at a softball tourna- ment scheduled on July 24 and 25 at the Univac fields. The applica- tion has been reviewed by the Eagan Police Department and has been found acceptable for consideration. Therefore, the license appli- cation is in order for City Council review and consideration. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the 3.2 beer license submitted by Mr. Dale Goergen. TEMP. 3.2 BEER PERMIT - ARNOLD DOERING C. Temporary 3.2 Beer Permit for Arnold Doering -- An application for a non -intoxicating malt liquor license was applied for by Mr. Arnold Doering residing in Eagan, Mn. The purpose of the special temporary 3.2 beer license is for use at a softball tournament scheduled on June 19 and 20 at the Univac fields. The application has been reviewed by the Eagan Police Department and has been found acceptable for consideration. Therefore, the license application is in order for City Council review and consideration. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the 3.2 beer license submitted by Mr. Arnold Doering. CONTRACT 82-2 D. Contract 82-2, Change Order #1 (Briar Hill 4th Addition) -- Upon the initiation of the contract to install utilities in the Briar Hill 4th Addition, it was discovered that the developer did not complete his grading to the required elevations in accordance with his approved grading plan. Subsequently, the City's contractor has to incur additional cost to perform this work. The City has received a written letter of concurrence from the developer agreeing to the acceptance of this additional cost as his responsibility and waiving the right to objections associated with this increased cost. The estimated cost for this additional grading is $2,080. ACTION TO BE CONSIDERED ON THIS MATTER: To approve Change Order #1 for Contract 82-2 for an additional $2,080. Agenda Information Memo May 14, 1982 Page Seven PROJECT.356 E. Project 356, Present Feasibility Report/Order Public Hearing (Comsery No. 1 Streets & Utilities) -- On March 16, the City Council received a petition from the developer and ordered the preparation of a feasibility report. The report has now been completed and is being presented to the Council for their information. ACTION TO BE CONSIDERED ON THIS MATTER: To receive the feasibility report for Project 356 (Comsery No. 1) and order the public hearing to be held June 15, 1982. EXCAVATING PERMIT - OAKWOOD HTS. F. Excavation Permit, Oakwood Heights Condominiums (Countryside Builders, Inc.) -- The City has received an application for a grading/excavating permit for the Oakwood Heights Condominium pro- ject, located on the north side of Wilderness Run Road east of the Wedgewood Addition. The preliminary plat for this proposed development was approved by the City Council on May 4, 1982. The grading, drainage and erosion control plan has been reviewed and approved by the staff. The insurance certificate and performance bond are anticipated to be in order by the May 18 Council meeting. All fees associated with this application have been paid. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the excavation permit for Oakwood Heights Condominiums to Countryside Builders, Inc. CONTRACT 80-21 G. Contract 80-21, Change Order #1, Blackhawk Lake Trunk Storm Sewer Outlet -- During the predesign final investigation in the vicinity of the overdepth tunneling construction, soil samples indicated a general sandy type soil in this vicinity. However, during the construction of the tunneling operations, the mechanical advancement of the storm sewer was halted by large rock and boulder obstructions. Subsequently, the contractor had to switch the means of his operation from mechanical advancement to hand tunneling. After several meetings and review of this force account work, it was determined that the contractor was entitled to an additional $11,533.41 for this unanticipated costly work. The staff recom- mends acceptance of this change order providing for this additional payment. ACTION TO BE CONSIDERED ON THIS MATTER: To approve Change Order #1 to Contract 80-21 in the amount of an additional $11,533.41. 0 0 Agenda Information Memo May 14, 1982 Page Eight PUBLIC HEAR'ING'S PROJECT #264A A. Project #264A, Reassessment Hearing, Twin View Manor 1st Addi- tion (Utilities) -- On March 16, 1982, in compliance with a court ordered directive resulting from an assessment appeal for these utilities, the City Council vacated the assessments as established at the public hearing on September 15, 1981 and ordered a reassess- ment hearing to be scheduled for May 18, 1982. This was necessi- tated by the fact that the City did not follow proper assessment procedures in determining benefit to the property before levying the assessments. Subsequently, this reassessment hearing will allow the City to follow the proper procedure. In order to perform this market analysis in determining benefit, it will be necessary for the City Council to continue the final reassessment hearing for any objecting property owner and order a property appraisal to be performed. Therefore, in anticipation of the additional costs expected with this market analysis requirement, the per lot assessment for the twelve (12) appellants had to be increased by $500 to cover this future financial obligation by the City which is a cost directly related to this improvement. Subsequently, the new per lot assessment is $6,514.85 as compared to the September 15, 1981 final assessment of $6,014.85. The basis for the appellants' objections and subsequent appeals is based on the amount of interest that was levied at the final assessment hearing. The appellants felt that they were guaranteed an 8% rate of interest at the time of the public hearing which was held on March 18, 1980. Because the assessment rate is depen- dent upon the rate of interest associated with bonds sold to finance the particular project which occurs after the public hearing, the City does not have the knowledge or the ability to guarantee an assessment rate. Subsequently, the amount of interest levied for this particular project was 11.0%. For the Council's information, the following history of bond sales and their related percentages for the past three years is presented to show how the economy has had a significant impact on interest rates: ASSESSMENT DATE AMOUNT BOND INTEREST INTEREST 11-1-78 $1,915,000 5.64% 8.0% 6-1-79 6,385,000 5.61% 8.0% 12-1-79 1,825,000 6.75% 8.0% 7-1-80 3,060,000 6.28% 8.0% 12-1-80 3,650,000 9.27% 11.0% 8-1-81 4,530,000 10.70% 12.5% 12-1-81 2,875,000 10.61% 12.5% 13 Agenda Information Memo May 14, 1982 Page Nine This particular project was included under the bond sale dated 12-1-80 due to the bids for this project being received in September of 1980. As the Council may be aware, with this controversial project, there were several irrate residents in this subdivision who have had and continue to have complaints pertaining to this project. The staff has continued to work with these property owners to try to resolve their concerns,. However, it is expected that several of these complaints will still be brought forth at this reassessment hearing. The City Attorney and Public Works Director will be able to discuss with the Council questions pertaining to this project and its subsequent reassessment. Enclosed on page 16 is a copy of the letter that was forwarded to the twelve (127 appellants explaining to them the City's proce- dure in this matter. The following :table is a listing of the appellant property owners and some 'information pertaining to their interest in this project. Proiect 264A Reassessment Heari 1+ Petition Connected to Appellant For�gainst Sewer or Water Wesley Berg X Yes Arthur Coestner X No A. Nelson X Yes Tony & Elinor Villelli X No Norm & Judith Mundahl X No Terry & Virginia Lambert X No Jim & Helen McDevitt X Yes Gordon & Loraine Byers X Yes Jim & Harriet Morris X Yes Ben & Marlys Ruzicka X Yes Larry & Linda Wittwer X Yes Dennis & Claudia Mueffleman X Yes 1+ 40 Agenda Information Memo May 14, 1982 Page Ten For the Council's information, enclosed on page is a petition that was submitted at the time of the public hearing ordering in the installation of utilities signed by several residents objecting to this project. It is interesting to note Item F., wherein the people indicate their awareness of the uncertainty of the assessment rate. ACTION TO BE CONSIDERED ON THIS MATTER: If written objections are received by May 18, continue the public hearing for those specific individuals. Close the public hearing for those indivi- duals who do not object to their reassessment or agree to drop their original assessment appeal and authorize the staff to certify to the County Auditor for collection. 1S Ll EEA EEOMOYIET ... .. .. .. .MIA TNOI:M5 NEOGES ' OILNY:bPIY1O1 TNO, SEGA" EOOENE VAN OVEOEESE CITY OF EAGAN IAM., A.0.., COY EARN !E"VY IN0M.I 1NEOOOnE WnCNlE9 I'�ywilf PILOT NNGO ROAD " LWNOI YfuMM 0. ADA 11,N :""-EAGAN, MINNESOTA "0 Inn ,:Y ENONe isaeloo '- April 23, 1982 D. Re:- Project 264A, Contract 80-19 (1Win View Manor Utilities) Dear Property Owner: As you are aware, an appeal has been filed with District Court pertaining to . - -- __- the City's levying of special aacea„ONts associated with the installation of . the utilities Under the above -referenced project. Cne of the points of objec- - tion noted in this appeal referenced the City's Procedural omission of per . . forming market analysis necess�; to determine benefit received through _ the referenced Project. While the City was aware of this requirement, it elected not to perform this analysis due to the additional costs that would be incur- ncurred. red-The City has tried tam ways Provide the necessary improvements at the ...... - most economical cost in response to the petitioned request of affected proper- .-- . ".. .. . ty owners. -. �- However, with this project being appealed through the judicial system, the City will be required to perform this referenced market analysis before we ". can be allowed to certify these assessments for collection. 'therefore, on . ,.:::'•.:.... April 6, 1982, the City Council officially vacated and set aside the special assessments levied against those property owners who officially appealed those assessments to the District Court. The City Council then scheduled a "reassess- mart" hearing to be held on May 18, 1982. inclosed with this let, trs you will . fired a form that incorporates the final assessment figure associated with the - property Under your owmership. Please cote that the City has had m include .. a "estimated" figure of $500.00 to cover the costs associated with performing the required market analysis and Property appraisal that would be incurred if any Property owner requires this technical procedure to be followed in order -- to Prove benefit to the affected property, . If this market analysis and property appraisal is required of the City by the - i Property owners, the City will be required to perform that work. Alf costs . associated with this analysis then become a related and direct cost associated With the installation of these utilities. SubSetpently, the City has to add these costs together with all other costs to determine the total amount to be assessed against the benefited properties. Subsequently, the enclosed amount - . references your fair share of these additional costs associated with this pro- . jest. . the City is obligated only to assess those costs that are incurred in relation to a particular Prefect. 'therefore, if a market analysis andapprai- sal is not Yom! required,mese mots can be related to reflect only those mats associated project for the installation of utilities. - In summaxy, this letter is r cant to inform you the reasons why the special .... assessments to be discussed on May 18, 1982 for the installation of utili- ties have increased over those costs that were levied at the original final - assessment hearing hold on September 15, 1981. :'- . If you have any questions pertaining to this procedure, please feel free to ... _ contact either the City Attorney, Mr. Paul Hauge at 454-4224 or me. . Sincerely, Thomas A. Colbert, P.E. Director of Public Works .. TAC/jachis 1 / - x -Ann Goers, Special Asseee„=„t Cleric - r..7i a M . Paul Hauge, City Attorney .- i Ic C C I • •. March 24, 1980 T0: City of Eagan City Administrator ATTN: Mr. Tom Hedges SUBJECT: Improvement Project #264 The undersigned residents of Twin View Manor, after very 'serious considera- tion, request the City Council of Eagan to rescind the approval of utilities and street improvements for Twin View Manor approved at the council meeting of March 18, 1980. It seems appropriate that the following reasons should be considered by the Council for this request: A. Cost figures presented were not inclusive, residents were not aware of total cost of project with information provided. B. Petition for street improvements was misleading as it was specified on a per lot basis rather than a cost per front foot. C. Petition for street improvements was (12) negative and (4) for. This is precedent setting for the whole city. D. Show of hands vote by audience included citizens not involved in this project. E. Present economic condition in our country today; unnecessary expenditure is inflationary. F. Not sure of interest rate projected @ 8%. G. Most homes included in project have present utilities split; one in front and other in rear. In order that the maximum number of residents are available for this important meeting, we request that this action be taken at the April 15, 1980 meeting. NAME ADDRESS S"3 C _ GL...., <177-(-�, y, 11 Agenda Information Memo May 14, 1982 Page Eleven PROJECT #274 0 B. Project #274, Reassessment Hearing, Silver Bell Road Streets On September 15, 1981, the final assessment hearing was held for the above referenced project which provided for the installation of Silver Bell Road from Nicols Road to T. H. 13. Subsequent to this, Mr. Lester Spenser, located on the northeast corner of Silver Bell Road and Nicols Road, has appealed his assessment in addition to filing a claim for damages against the City of Eagan on a non - related storm sewer item. Again, this appeal points out the City's deficiency in obtaining a market analysis to prove benefit equal to or greater than the amount of the assessment levied. Mr. Spencer was assessed $1,683 under this project. Therefore, the City Attor- ney has recommended the City Council vacate the original assessment and establish a new reassessment hearing which would allow the City to proceed with the necessary property appraisal analysis required by assessment law. Because this street was constructed to a collector status greater than the normal residential street, a residential equivalent assessment was used rather than the entire cost of this project. However, the estimated $500 associated with performing the required property appraisals and market analysis should be the direct responsibility of this property. Therefore, the original assessment in the amount of $1,683 should be increased to $2,183 for the final reassessment hearing to be held on May 18 to cover the anticipated additional costs associated with per- forming this market analysis as required by Mr. Spencer through his assessment appeal action. If a written notice of objection is received prior to the hearing on May 18, the public hearing should be continued to allow the staff to perform this additional work. If Mr. Spencer decides to drop his original assessment appeal and/or does not object to this reassessment, the original assessment amount should then be reaffirmed and reapproved by Council for collection. ACTION TO BE CONSIDERED ON THIS MATTER: To close/continue the public hearing and approve, if appropriate, the final reassessment for Project 274 to Mr. Lester Spencer. 11 0 0 Agenda Information Memo May 14, 1982 Page Twelve PROJECT 264B C. Project 2648, Final Assessment Hearing (Twin View Manor 1st Addition - Streets) -- Enclosed on page 'LO is a summary tabula- tion of the final assessments associated—with the installation of streets in the above referenced subdivision. All required notices have been published in the legal newspaper and sent to the affected property owners informing them of their final assess- ment amount. The final cost per lot is approximately 5.67% higher than the feasibility report estimate presented at the public hearing on November 5, 1980. This is a result of performing some of the boulevard restoration originally proposed under the utility project as a part of this street construction. Subsequently, the utility assessment was 6.9% under the feasibility report. When adding both improvement projects together, the net result shows a. 2.8% underrun of those costs estimated in the feasibility report to install both streets and utilities. Contract 81-2 was awarded in May of 1981. Subsequently, this pro- ject was included in the 8-1-81 bond sale, resulting in an assess- ment interest rate of 12.57. If there are any written objections submitted by the public hearing on May 18, the public hearing for final assessments should be continued for those objecting property owners to allow the City to perform additional input as may be required. ACTION TO BE CONSIDERED ON THIS MATTER: If appropriate, close the public hearing, approve the final assessment roll for Project 264B and authorize staff to certify to the County Auditor for col- lection. /9 0 0 FINAL ASSESSMENT HEARING PROJECT NO: 264B SUBDIVISION/AREA: TWIN VIEW MANOR ADDITION FINAL ASSESSMEENT HEARING: May 18, 1982 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES DArea 0 Laterals nService F1 Lat. Benefit/Trunk STORM Area Laterals SANITARY Area Laterals Service Lat. Benefit/Trunk STREETS Gravel Base QSurfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 22 Sing Le Family Lots NUMBER OF YEARS ASSESSED: 10 Years RATE OF INTEREST: 12.5% TOTAL AMOUNT ASSESSED: $81,130.94 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 81-2 PUBLIC HEARING DATE: November 51 1980 we FINAL F. R. RATES RATES $3,687.77/lot $3,490.00/lot Agenda Information Memo May 14, 1982 Page Thirteen PROJECT 284B 0 D. Project 284B, Final Assessment Hearing (Windtree First Addition — Streets) -- On April 20, 1982, the City Council received the final assessment roll for the above referenced project and authorized the final assessment hearing to be held on May 18., 1982. Enclosed on page ZZ. is a summary sheet indicating facts and figures associated watt- is project. Although the final assessment exceeded the feasibility report by approximately 29%, this is a direct result of a written request by the developer to include the upgrading of Elrene Road adjacent to the subdivision as a part of this project. The developer has been informed through proper notification of this final assessment figure and its comparison to the feasibility report. All required notices have been published in the legal newspaper. Staff has not received any objections or comments pertaining to this final assessment. ACTION TO BE CONSIDERED ON THIS MATTER: To close the public hearing and approve the final assessment roll for Project 284B, Windtree First Addition Streets, and authorize the staff to certify the assessment roll to the County Auditor for collection. 21 0 0 FINAL ASSESSMENT HEARING PROJECT NO: 284B SUBDIVISION/AREA: Windtree Addition FINAL ASSESSMEENT HEARING: May 18, 1982 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL P.R. WATER RATES RATES 0 Area O Laterals E] Service E] Lat. Benefit/Trunk STORM F1 Area 0 Laterals FINAL F. R. SANITARY RATES RATES Area 0 Laterals Service Lat. Benefit/Trunk STREETS Gravel Base ❑x Surfacing E] Res. Equiv. NUMBER OF PARCELS AFFECTED: 14 Lots (Single Family) NUMBER OF YEARS ASSESSED: 5 Years RATE OF INTEREST: 12.5% TOTAL AMOUNT ASSESSED: $42,425.88 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 81-2 PUBLIC HEARING DATE: November 7, 1979 :2.z $3,030.42/lot $2,350.00/lot 0 Agenda Information Memo May 14, 1982 Page Fourteen PROJECT 293B 0 E. Project 293B, Final Assessment Hearing (Windcrest First Addition -- Streets) -- On April 20, 1982, the City Council received the final assessment roll for the above referenced project and ordered the final assessment hearing to be held on May 18, 1982. Enclosed on page a -q is a summary sheet with the facts and figures asso- ciated wit�iis project. As can be seen, the final assessment rates are under those quoted in the feasibility report discussed at the public hearing held on January 15, 1980. Notifications of these final assessment figures were sent to the developer and published in the legal newspapers for this hearing. To date, the staff has not received any objections pertaining to these assess- ments. ACTION TO BE CONSIDERED ON THIS MATTER: To and approve the final assessment roll for First Addition Streets, and authorize th roll to the County Auditor for collection. a.3 close the public hearing Project 293B, Windcrest e staff to certify the 0 FINAL ASSESSMENT HEARING PROJECT NO: 293E SUBDIVISION/AREA: Windcrest Addition FINAL ASSESSMEENT NEARING: May 18, 1982 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES QArea QLaterals RService Lat. Benefit/Trunk STORM 0 Area nLaterals 0 FINAL SANITARY RATES Area Laterals Service 71 Lat. Benefit/Trunk (STREETS 0 Gravel Base xO Surfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 30 R-2 Lots, 20 R-3 Lots NUMBER OF YEARS ASSESSED: 5 Years RATE OF INTEREST: F. R. RATES R-2 $1,889.1 lot $2—,1-17.-27— R-3 2,11 ,2R-3 $ 944.59/lot $1,059.65. TOTAL AMOUNT ASSESSED: $75,567.20 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 81-2 & 80-25 PUBLIC HEARING DATE: January 15, 1980 a4 0 0 Agenda Information Memo May 14, 1982 Page Fifteen Project 308B F. Project 308B, Final Assessment Hearing (Duckwood Trail -Streets) -- On April 20, 1982, the City Council received the final assessment roll for the above referenced project and authorized the final assessment hearing to be held on May 18, 1982. Enclosed on page 24 is a summary sheet with facts and figures as they pertain to this particular project. As can be seen, the final assessment rate is less than the rate quoted in the feasibility report pre- sented at the public hearing on June 17, 1980. Proper notification has been sent to the developer pertaining to these final costs and the required notifications published in the legal newspaper. To date, staff has not received any objections pertaining to this final assessment. ACTION TO BE CONSIDERED ON THIS MATTER: To close the public hearing and approve the final assessment roll for Project 308B, Duckwood Trail Streets, and authorize the staff to certify the roll to the County Auditor for collection. a 5' 0 0 FINAL ASSESSMENT HEARING PROJECT NO: 308B SUBDIVISION/AREA: Duckwood Trails FINAL ASSESSMEENT HEARING: May 18, 1982 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES EjArea E) Laterals Service Lat. Benefit/Trunk STORM U Area nLaterals FINAL SANITARY RATES Area Laterals Service Lat. Benefit/Trunk ISTREETS IIID Gravel Base ® Surfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 2 Lots & 4 Outlots NUMBER OF YEARS ASSESSED: 5 Years RATE OF INTEREST: TOTAL AMOUNT ASSESSED: $60,923.69 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 81_2 PUBLIC HEARING DATE: June 17_, 1980 26 F. R. RATES $19.81/LF $20.00/FF 0 0 Agenda Information Memo May 14, 1982 Page Sixteen IR FINANCING - DIAMOND LAKE, INC G. Diamond Lake, Inc., for Industrial Revenue Bond Financing in the Amount of $750,000 -- An application to consider industrial revenue bond financing for Diamond Lake, Inc., was received and is in order for consideration. A public hearing was set at the April 20, 1982 and proper advertisement has been published in two (2) local newspapers as prescribed by statute. The application for industrial revenue financing as proposed by Diamond Lake, Inc., is for the purpose of acquiring equipment and fixtures to be used in conjunction with a retail supermarket which is under considera- tion as a part of the Pilot Knob Shopping Center. It is estimated that the supermarket will contain approximately 25,000 square feet, will provide approximately 90 new jobs at an estimated payroll of $1,040,000. The estimated annual sales in the supermarket is $14,000,000. The Pilot Knob Shopping Center issue in the amount of $5,500,000, approved at the March 17, 1981 City Council meeting is providing for 114 new jobs which did not take into consideration employment proposed for one of the major anchors, a supermarket. The bond, if approved, will be in the form of a single note with a seven year term which will be personally guaranteed by John Sulli- van, Sr., John Sullivan, Jr., and James Sullivan. This proposed transaction is not a limited partnership. The proposed construction of the supermarket as a phase of the shopping center complex is to begin July 1, 1982 and be completed March 15, 1983. Since a new financial statement has not been published for Diamond Lake Inc., the review provided by Miller & Schroeder Municipals, Inc., dated November 30, 1981, is valid for this application. Enclosed on page D,8 is a copy of a letter from Ernie Clark, Miller & Schroderu� nicipals, Inc., providing a review of Diamond Lake, Inc. Also enclosed without page number is a copy of the application for industrial revenue financing, financial statements and all other pertinent information required as a part of the City's appli- cation procedure. The City Council requested a list of the equip- ment with the application that was considered in December of 1981 and, therefore, that list is again made available with the packet, found on pages through9 This application was denied o when presented e re the City ouncil- at the December 1, 1981 meeting, the motion reading as follows: "Egan then moved, based upon the reasons above described and the fact that a precedent would be set by the Council in authorizing financing of the equip- ment only, to deny the request for industrial revenue financing. Parranto seconded the motion and all voted in favor." City Council - member Wachter was absent at that meeting. For a copy of the dis- cussion and action taken by the City Council at that meeting, refer to page _+0 . ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the industrial revenue financing for Diamond Lake, Inc., in the amount of $750,000. ';L '7 Tall Free Minnesota (800) 8626002 • • Toll Free Other States (800) 328-6122 Ae Miller & Schroeder Municipals, Inc. 170 Northwestern Financial Center, 7900 Xerxes Avenue South, Minneapolis, Minnesota 55431 • (612) 831-1500 November 30, 1981 Mr. Thomas Hedges, City Administrator City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Re: Diamond Lake, Inc. Request for Industrial Bond Financing Dear Tom: We have reviewed the request for the above and have talked with Richfield Bank and Trust regarding their conditions for purchasing the Industrial Note. The Richfield Banks feel comfortable with the proposed "loan agreement", the financial statements of Diamond Lake, Inc., and the Sullivan's as Guarantors for Diamond Lake, Inc. Extension of time has been given by the Bank to coincide with Council action. Land for the facility will be leased by Diamond Lake, Inc. Inasmuch as the project will provide additional employment, add to the tax base of the City and adequate provisions have been made to Richfield Bank and Trust to assure payment, we feel the City is adequately protected if they decide to approve this request. ELC:ps as Very truly yours, MILLER & SCHROEDER MUNICIPALS, INC. Ernest L. Clark Vice President Headquarters: Min neapolis,Minnesota • Branch Offices: Solana Beach, California • North brook. Illinois • St. Paul. Minnesota • Naples, Florid. Member of the Securities Investor Protection Corporation STORE NLME STREET PROPOSED BY DATE i \ /�✓ 6 RETAILER CITY DIV. PAGE NO. .Ew RE- AVD.,,-. O.E. OAT[ Me D. QTY. TY. DATE DATE euc Ra ADCNED IRYolc ED VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION I , , I I _ _ -GENER I , , I I � I I I I , I 1 I I I I 1 simpping ear b. , I I 17,000 I at=d pails I 300 130 I I , I I , , I , I -47 Flom Scrubbing e'G • I / Web Bry u I I , I nresst2re elcancr I I I I 28fr _1,3-0- , , I I 1 , I i� I ! I I I I I I I I I J I , 5-d", I I I I I I , , I I , I I I AIM i nanqinnc, I I Arn 1) r 62-412 STONE FI:G111iOJ COFY S U P E R V L U S T 0 R E ,S N C STORE NAME STREET /_-\ PROPOSED BY DATE 6 RETAILER CITY DIV. PAGE NO. NEw AE•APPS,_.. MOO. OPEN DATE aTY G. OTE A. DATE AD.Eo DATE INVOICED VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION T r 1T I � i I I Typewriter I I �8g+v I I i I � � I I I I I � � I I i � � I I I 061 oo i La O I I I 1 I I � i I r-micinguitI hers ao as pi Fire ; i i Exhaust Pans (eampresser reem) i I E i 9$}fi6 i aB I Q LIS )11 sbnlvl ng 1 i I I i � 001 69 I i , aa� e e I 20"Q Refrigerat on I i I c 4D-1 9 9 _@31;4tiA I I 62-412 Sl'O❑E EH GIN F. E I1 COPY STORE NAME STREET ' PROPOSED BY DATE 6 RETAILER CITY DIY. PAGE NO. rlEw B[• M 00. Aev... 0>1B o•iE OTY. ED QTY.DATE Ro. ADTAED DATE III VOICED VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION I I I I 1 1 I I I I I I I I � I 1 I I 1 I I / ITV G I I I I I I j I TOTAL spaw-,RA13 eii As .91 FIT e -ATT ON I I 1 I / I I I I 1 1 I 1 1 1 1 1 I W I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I 1 I I I I I 1 I I I I I I 1 1 1 1 I I I I 1 1 I 1 I I I I I I I I I I I 1 I I I 1 I 1 I 1 I 1 I I I I I 1 I 1 62-412 STORE EtlGIN EEI? JJPY STORE NAME STREET PROPOSED BY DATE 6 RETAILER CITY DIV. PAGE NO. x[w x[- Moo. Aeo: .. ae[x ori[ O TY. TY. DAT[ DTc suc IID. coa[o ..v.ICED VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION T+n >• c I 1 I I I I I TV n I 1 , 1 9-7 I I I 1 I ^II ^ tl�tl-Q I 1 C I I I I I I I I 1 I 7 I Gr-eee�ry I I storage shelving pallet 1 I - I I I I 09 I , 250 N I I I , I I I I , , , I Pallet ftacks r I go I -1 --or stanas ,) •\ I I 1 I 1 , I I I V u , 1 1 I ryg1Lq 1 I I VVI Vl 1 I I Forl'• I I !uu I I uu1 I ^;1 ' I 1 I 1 1 1 1 1 1 1 ; 1 62-412 sroliE EIJGIPIE [f: ccP'r Q m V STORE NAME STREET PROPOSED BY DATE i r `- i---- 6 •an. _S. on[x DATE RETAILER CITY c DIV. PAGE NO. fw I.E. Moo. C OTT. TY.P.xc T. auc xo. Ro[x[O Ix voICED VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION I I I I I I � a24,0001 On - 1 261, completGoa I I I I I O VV 1 I I I I I I I I 1 i Pae Seales � 2, 5 I 1 I I I I � I i �i I I I I I I I I J tation goI i I t I i �anana DisplayI ' i I I I � , -86 I— —be m–aehine I 1 I � 7 I I w7lbin I � ' Misuel � I I I I I 3[ "G;–" I nAT, PrOMMr,I V 0-/-gn--gc- Q G I I 62-412 STGLE Cf.'P'i U P E R V 0 L u [a] is STORE NAME STREET PROPOSED BY DATE 47, RETAILER CITY DIV. PAGE NO. x[w B[- Ael •. Ox[. obi[ MOO. aTY. TY. DATE DATE aDD RM RDMED INVOICED VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION I I I 1 I I 1 1 I �.ked ffleat case I 00 I ' se I I —/ I I 1 1 1 1 I 1 I I I I I I I I I I Heat: Rail and hooks I I 2001 00 I I ShU3:ViL11J :Lli I 1 I 1,2001 00 I I I W u 1 00 I I 1 I I Pan racks 8001 u OF Chickendollies i I .. J l Uv • p�'I p4 I I -Meat pems I I I V I I I Mcat Ings I I I I 1 V I U Meat lay car 1 I I 1 I I 0-0 I I 2 Wheal hand truck I I Z) I uv sheivingu I I Moat Block I I 81 VU I I I 1 I 1 I I 4H6J-0 ' I I I s1xe�x Meat YimEtableCcPf 1/600 00 STORE NAME - STREET PROPOSED BY DATE RETAILER CITY . DIV. PAGE NO. NEw MF• - •iV.: _.. OVEN DAT[ Moo. 7 CITY. TT. CATs 0AT[ eu. D. ADENED INVOICED VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION �TFi' TrT.ApqTrTrATTrvkT r*r)m 1 I I I I I I I 1 I I 1 , I I , , I I I I I 1 , , , - � I I I ' ' I 1 I , I I 00N I I i � Meat I I I I 1 I n An gria4er on! I I 1 I I I I I -:--phille Ur Lfti= grilldCr, 1 I I _ [ Pe 1 I 1 1 I I I I I I I I �vuI I I 1 _ , I I I I 1 J 51—V I I oil stone I I 1 °ac T4-at Pept. Desk I I r' I I I I L "T' 2 "Tf�ATT ON 1 1 I , 62-412 STOI[E Eli Glf: F.FN CCf•'( U P E R V o U S T 0 R E ,5 N C STORE NAME STREET PROPOSED BY DATE �v 6 RETAILER DIII TY "' DIV. PAGE NO. xt:w R[- OD. APP..... OPEN DAT[ QTT.q". SU 11 RD. DAT[ RODRco DATE INVOICED VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION I 1 I I I 1 I I 1 I I I 1AC,zen Food J 1 I /vvul I I Food J I I / ee I 1 r r I I , , 91 ril I I A r r.i I I 1 I I nr I I I 1 1 I I I � , IN i I i I • I , I I I nn. n. , , , , I I I I I I I I 1 , I , 1 I , I 1 , , I , I 1 I I 1 I I 1 , 1 I I t I I I I I , I I , I 1 I I 1 1 , 1 62-412 STGfiE FNGIFI F.F II CDf'! U I" L U S T 0 R E N C STORE NAME STREET PROPOSED BY DATE RETAILER CITYi:. '•� DIV. PAGE NO. 9 NEW T.cu. -E• APP..-A. OPEN DATE vTr. auc Tr. xD. DATE nvucD DATe Ix r-IEED VENDOR MANE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION Mi a 1 I 1 1 I 1 1 I 1nairly_ 1 , 9 1 Cooler, 141 x 321 corn elte 1 , 13 000100 1 -Dairy Dairy receiving desk 1 75!0 4 Wheel stock tructs 250' 00 2 I I , , pliscellannoug I 1 I 1 1 I m r I I I I I A I —T I p , � V� I I I I I I I I I , , 1 , I 1 I � , I I I I � I I 1 1 , I _- I 1 I 1 1 , I I - 1 I I I I I I I I I ' I I I I J , - 1 I , 1 1 I I — I , 1 I I I I I I I I 63-AIY 5TGf1E ENGN E!1 CCI"'I U P E R v � I L U 5 T 0 R E is r� c STORE NAMESTREET i--� 4�— PROPOSED BY DATE - 6 RETAILER CITY ;•-� DIV. PAGE NO. xLw x[- MOO. APv... •. ov[x oAi[ 0TT.0TY. SUD xa DATE Eo a [o DATE Ix vo1E[o VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION 1 1 1 I A J I I I I I 1 [ � 1 I 1 I 1 -4-,-500: 00 , / I I i J V I I I / 1 1 catse 1 I 1 I 1 I Come I I / 1 j "m I I 5, 1 j Custualex number • I I1 1 Dell Desk I I W ; I • n 7 1 1 I , r I 1 1 I I I I � I I I I I I I 1 1 I I I 1 1 1 1 I I I I 1 1 I I - I I I 1 1 I I I I I I I I I I I I I I I 1 I 1 62-412 SiDIIE ENGINEER fUPY STORE NAME STREET PROPOSED BY DATE RETAILER_ CITV OIV. PAGE NO. [w x[• 7P.—A. OPEN DATE MOO. O TT. TT. DATE OAT[ aoo .o. Rocco Ix vo 1110 VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION 1 1 I I 1 1 1 1 I I I 1 I I 1 I I 1 I I I 1 I I I -------------- I I I I 1 I I I 1 j � 1 I I I 1 I 1 I SALES I TAN (93cittijimmit) I I I I ENGI• . H FFF, 26,216.25 I I I I _n ON am 1 I , , � � I I I I I I I I I I I 1 I 1 I 1 � I I 1 I 1 1 I 1 1 , ! I , 1 , I I 1 1 I 1 I 1 1 I I 1 I I I I I 1 1 , I I I I 1 1 1 1 I 1 I 1 62.412 6TGISE ENGINEER COPY Q V w U T L ,S N C Council Minutes December 1, 1981 • 0 0c: DIAMOND LAKE, INC. - I. R. FINANCING The public hearing concerning the application of Diamond Lake, Inc, for Industrial Revenue financing in the amount of $750,000.00 for the acquisition of equipment and fixtures to be used in conjunction with the retail super- market in the proposed Pilot Knob Shopping Center was convened by Mayor Blomquist. Robert Levy, attorney for Diamond Lake, Inc. and Mr. John Sullivan, Jr, were present on behalf of the applicant. Mr. Levy stated that Richfield Bank and Trust Company has, committed itself to finance the $750,000.00 and that the loan will be paid off prior to the expected useful life of the equipment. There were many questions from City Council members and members of the audience as to whether the Council should finance equipment and fixtures at all or in part. It was noted that this was the first example where a request for I. R. Financing has been submitted exclusively for fix- tures and equipment. There was questions as to whether this type financing is an inducement to new business and whether the approximately 90 new jobs which consist of only 30 full-time jobs, is a sufficient inducement for the issuance of the financing. It was noted there would be no increase in taxes and Industrial Revenue Financing had already been authorized for the shopping center building itself. Councilman Smith suggested that the City Council ought to consider issuing financing for fixtures but not for equipment that has a short anticipated useful life. It was noted the total estimated cost of the fixtures is $871,000.00, including sales tax, engineering fees, etc. The attorney for the Pilot Knob Shopping Center was present and indicated the supermarket is critical for the financing for the entire center. After lengthy discussion, Smith moved to authorize up to $555,000.00 industrial revenue financing for heavy duty equipment, including fixtures, which include a life expectancy of at least ten years. There was no second and the motion died. Egan then moved, based upon the reasons above described and the fact that a precedent would be set by the Council in authorizing financing of the equipment only, to deny the request for industrial revenue financing. Parranto seconded the motion and all voted in favor. 4a 0 0 Agenda Information Memo May 14, 1982 Page Seventeen GERALD & SHIRLEY SMITH - FRONT YARD VARIANCE A. Gerald & Shirley Smith for 10' Variance from a Front Yard Set- back, Located at 4367 Onyx Drive -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on April 27, 1982 to consider an application submitted for a 10' front yard setback for the construction of a 10' x 20' addi- tion to the Smith house at 4367 Onyx Drive. The Advisory Planning Commission is recommending approval of the variance. For additional information on this item, please refer to the City Planning Assitant's (Intern) report found on pages ¢1, through 4-7 For a copy of the APC minutes, refer to page ". ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the Advisory Planning Commission to approve a 10' variance for Gerald and Shirley Smith as stated. 4� E SUBJECT: APPLICANT: LOCATION: EXISTING ZONING: DATE OF PUBLIC HEARING: DATE OF REPORT: REPORTED BY: APPLICATION SUBMITTED: 0 CITY OF EAGAN VARIANCE - FRONT YARD SETBACK GERALD & SHIRLEY SMITH 4367 ONYX DRIVE R-1 (RESIDENTIAL SINGLE DISTRICT) APRIL 27, 1982 APRIL 22, 1982 DAVID M. OSBERG, PLANNING ASSISTANT An applicaticn,has been submitted for a 10' front yard setback for the construc- tion of a 10 x 20 foot addition to the Smith house at 4367 Onyx Drive. The applicants are proposing to construct a 10 x 20 foot addition to their house. The addition to the house would be 10' closer to the lot line than allowed in the ordinance. A diagram of the house and the proposed addition have been submitted by the applicant for review. The present house and the addition would cover 14% of the lot, so it would not exceed the lot coverage requirement. There appears to be no hardship related to the topographic conditions or land- scape in order to allow the 10 foot front vard setback variance for the addition to the house. If approved, the variance should be subject to the following con- ditions: 1) All applicable ordinances must be followed. DMO/jach 4z 0 0 7^I .�3 • ' 12.67 ' , 1 120 I IN v N J J ...11 -� 1 J /i�a�Iil � Nerrh I I /ilei//+ � i 1 125 39 120 120 r ;o 30 N ? e O N — O d Sol, .44.9..• e•rovs'44' - A,c9 �s o . •._I � o 04 N 12 .10 120 , 1 120 30 • 3° :49.26 A•48.s4112*43ai '�' •� ; � ••• 155.00••• 300••• :_ 79.26° I 4 ' wo N..ib Nsilb „ 1 N O '1 �izo Izo 75 S4.267 -A—, ( 4-5 11 II J 120 �I. 120 I 'I I I 120 i i . 120, _ O O W h J I A I � =o II 11 � • ' 12.67 ' , 1 120 I IN v N J J ...11 -� 1 J /i�a�Iil � Nerrh I I /ilei//+ � i 1 125 39 120 120 r ;o 30 N ? e O N — O d Sol, .44.9..• e•rovs'44' - A,c9 �s o . •._I � o 04 N 12 .10 120 , 1 120 30 • 3° :49.26 A•48.s4112*43ai '�' •� ; � ••• 155.00••• 300••• :_ 79.26° I 4 ' wo N..ib Nsilb „ 1 N O '1 I 124.90 - 75 75 S4.267 -A—, ( 4-5 o� ..1 v vl V1 �� 1e,23'al I � I I I. I lila.{h _ O O W I I 124.62 i I � =o o O 11 � .O N 1 _-.. 124.33 �1 I.:. Iz3.13 _ .n �o w w 75; 1L _90--- - --75- - 90 75 75 75 S4.267 -A—, ( 4-5 o� ..1 v vl V1 �� 1e,23'al I � I I I _ O O N O W O Y Oti `q i N N J •D N Nr w 11 � 1 �1 I.:. Iz3.13 75 75; 1L _90--- - --75- - ro. oN. . tiN 90 15 .- 43 A-7-2141* •i• e_16•�Z ta• � . .1..4.03 . 30 3O F ^ >O w W o� ..1 v vl V1 I � I I IZ3.43 o I i N N J •D N Nr w 1 I.:. Iz3.13 ^ >O LB AR ROW �0 L I . i kA6R IC - FI uW" ,� ti A 'z NIF Aft GB GBPF P JUNI61 'N B �— r PF o NB ' HIGH co Y SCHOOL_� W I P� Al `may C R F t,Lw .i i .� "gin •.r'�i� ;PKSPK , fF MART. SL[:t:r+�c` �� ;�:�� W .;. _ _.w,.. R-4 CSC, ' LL� .t.i�� i4t � -•` i���i.;"':` j R -IC R-2 o z? O __AtLj 2 Y a J = NS RIVER R B l( TEST t. U) A;LB I. � ll ENTER zcu pq ---r � �•yI 1. N 4'7uA — R-1 :;.SL� ,� ., ,• . i ....'� Z i� isr"� - - • i • APC Minutes April 27, 1982 GEMM & SHIRLEY S m - VARIANCE The public hearing regarding the application of Gerald and Shirley Smith for a variance of 10 feet from the front yard setback for construction of a 10 foot by 20 foot addition to their house at 4367 Onyx Drive was next convened by the Chairman. Gerald Smith appeared pointing out that due to an expansion in his family and the location of a large tree in the back of his house, the only available expansion was to the front. He also indicated that no one in his neighborhood objected after contacting them. Dale Runkle pointed out that the lot was on a curve which made the placement of the addition in relation to other setbacks in the addition, not as aesthetically displeasing as in a normal situation. It was motioned by Wilkins, seconded by McCrea to recommend approval of the variance. All voted in favor. p.m. Upon motion duly made and seconded, the meeting was adjourned as 8:50 Secretary M 90 0 0 Agenda Information Memo May 14, 1982 Page Eighteen MCDONALD'S CORPORATION - VARIANCE B. McDonald's Corporation for a Variance to Exceed the Allowable Height for a Pylon Sign -- A public hearing was held before the Advisory Planning Commission at their last regular meeting on April 27, 1982 to consider an application submitted for a variance to exceed the allowable height of 27' for a pylon sign located at 4565 Erin Lane, for a McDonald's Restaurant. The Advisory Planning Commision is recommending denial of this application to the City Council. For additional information on this item, refer to the City Planning Assistant's report found on pages sOr through �$ For action that was taken by the Planning Commisssion, refer to page S19. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the Advisory Planning Commission's recommendation to deny a variance application submitted by Signcrafters for McDonald's Corporation. arm 0 0 CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: CHARLES PEUGi, SIGNCRAFTERS FOR MCDONALD'S CORPORATION LOCATION: 4565 ERIN LANE - MCDONALD'S RESTAURANT EXISTING ZONING: CSC (CC1nwry SHOPPING CENTER) DATE OF PUBLIC HEARING: APRIL 27, 1982 DATE OF REPORT: APRIL 19, 1982 REPORTED BY: DAVE OSBERG, pjAMING ASSISTANT APPLICATION SUBMITTED: An application.has been submitted for a variance to ex- ceed the allowable height of 27 feet for a pylon sign located at 4565 Erin Lane; McDonald's Restaurant. On December 23, 1980, the Advisory Planning Commission approved the conditional use permit application for a pylon sign for the McDonald's Restaurant on Erin Lane. The City Council granted the conditional use permit at their January 6, 1981 meeting. There were concerns expressed by the City Councilmembers as to the location of the sign and its impact on the Cedar Avenue freeway. The City Council approved the pylon sign with the conditions that the sign would be no more than 125 square feet in area and no more than 27 feet in height. The McDonald's Corporation is requesting a variance to raise the existing 24 - foot high pylon sign to 50 feet. The McDonald's Corporation would also like to relocate the sign closer to the Cedar Avenue freeway. At the present time, the sign is located on the southeast corner of the McDonald's Corporation, with the proposed location being in the southeast corner. Included in this report is a letter staff received from the McDonald's Corporation explaining their reasons for seeking a variance to allow a 50' pylon sign.. The existing sign has an area of approximately 100 square feet and the height is 24'. The proposed sign would remain 100 square feet in area with the only changes being the increased height to 50' and the location of the sign. Attached to this report is a layout of the McDonald's Corporation property indicating the existing and proposed locations of the sign with a picture of the existing sign. Staff has received a letter from the developers of opment, stating that the relocation of the sign to McDonald's Corporation property would not interfere of Mari Acres. A copy of the letter and sign plan for review. .SD Mari Acres, Hillcrest Devel- the southwest corner of the with the overall sign plan of Mari Acres is enclosed CITY OF EAGAN C[[ARLES PEUGFI, SIGNCRAFTER.S FOR MCDUAIAS CORPORATION APRIL 27, 1982 PAGE TWO Staff would like to point out that the McDonald's Corporation pylon sign is not oonsidered a freeway identification sign since the McDonald's Corporation p% perty is not located directly adjacent to a freeway. Haaever, the McDonald's Corporation is only proposing to have one advertising sign on the property thus complying with the pylon sign regulations in the Sign Ordinance. If approved, the variance should be approved with the following conditions: 1) The sign shall contain no more than 125 square feet of signage. 2) No other advertising signs will be placed on the McDonald's Corporation property - 3) All other applicable ordinances will be followed. DMO/jack S1 70-100 ROAD SIGN 0 Overall Height (Variable) 0 No. 3 0 z No. 6 SIGN: 70-100 AREA: Approximately 100 sq. It. STRUCTURE: Designed for 30 psf wind load ELECTRICAL: Inspected and approved by U.L. NOTE: Order replacement panels by number as shown above 14' 2" z 0 rr N N 70-100 ROAD SIGN ILLUMINATION 4 ea. F -84 -T12 -CW -HO Fluorescent Tubes 16 ea. F -60 -T12 -CW -HO Fluorescent Tubes 4 ea. F -24 -T12 -CW -HO Fluorescent Tubes BALLASTS 6 ea. France 458D (or equal) 4 -Lamp Ballasts ELECTRICAL -2 ea. 15 Amp. Circuits 120V. Load 15.0 Amps PLASTIC FACES Pigmented Acrylic Colors: Red #2157 White #7328 Yellow #2037 Acrylic Panels: 6 ea. per side Grade Clearance Jfgwrafters Outdoor Display, Inc. _ m•u. er�tu .. uwin,...rwua u Oren (Variable) S o2 3 mcDonald's March 22, 1982 City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 RE: McDonald's Restaurant 4565 Erin Lane Eagan, Minnesota To Whom It May Concern: McDonald's Gsrpurwion x000 Nirollet Avenue South Minneapolis, Minnesota 55420 612i264.4755 McDonald's Corporation is requesting a variance to raise our main identification sign from the existing allowable height to 50 feet. This variance request comes as a result of the hardship caused us by the new interstate coming through, which adversely affects our sites visibility. Our sign now sits below the grade of the interstate. Due to the fact that visibility of our restaurant is now all but eliminated, this stores sales volume is far below what we projected it to be with appropriate visibility. We feel the solution to this problem lies in raising our sign to a height of 50 feet. The store must operate at a profit in order to benefit both McDonald's and the local community. By increasing our sign height, we would be able to better draw from the traffic using the interstate. Please take our request under consideration and grant us this variance. Yours truly, MCDON`ALD' S CORPORATION �Inn A� 2 Al Inde Construction Engineer Minneapolis Region AI/vk S3 i PROP(X,-D' Ao4,9T/ON OF °� E ":i4y-i_RSY§:-v'�c�.�.%:n:.:i:ir.::;�:-; u.::•4r.�. T^,'rmr.�ti r-. I Ir 7i (l r R 7 EXISTING - ea 24'NI0- 5 ;.I Memoes Roan (j ILLCRES� VELOPMET April 15, 1982 City of. Eagan P.O. Box 21-199 Eagan, MN 55121 ATTN: Dave Osbers Asst. Planner Gentlemen: EXECUTIVE AND ADMINISTRATIVE OFFICES METRO SQUARE 7TH AND ROBERT St. Paul, Minnesota 55101 Phone: 224-5811 Area 612 RE: Mari Acres Signage �},'h"';; Thiswill verify hone conversation today at which time Y our p Y „METRO PARKING LOTS, f,¢t1,`4i you requested my input as to the effect on our property if .%Dowmown St.,Paul �� s�"' McDonald's were allowed to move their pylon sign to the ;xJa �:(' IY �M ir.11 ,I;? I til i✓�3Cf 1�1 Alt jl ;`,;HILLCREST'SHOPPING,CENTER ,y'i" southwest property corner. it St Paul Minnesota �,yYd;ts titt, ,v.yNJ) , „ �' ,7�,•y� ¢ l;y, I am enclosing the signage proposal that we presented during ;VIKINGVILLAGEAPARTMENTS {'+f{ our plat approval. We have two lots left abutting Cliff Road ,"�NorthcSt, Paul Minnesota at the intersection of Cliff and Nichols. These lots pre- , !f •Ivk J�li 'f, e, rr,. HGNEYWELL.PLANTv sumably may be used for fast food outlets. -Columbia Heights Minnesota cy It would be my interpretation that we would still be in GOODWILLI NDusTRIES BUILDING' `.;; compliance for the approval of a pylon sign because we 'S,LauderdalerMinnesota would be 300 feet from the proposed new location of McDonald's HENNEPIN SGUARE ' ,�''�3, l7 ` 3 pylon sign. We, therefore, see no conflict if you would see ' d,Mlnneepolia P Minnesota q fit to approve McDonald's request. j,HARDING BUILDING _Minneapohe, Minnesota Thank you for keeping us informed on the matter. Sincerely, CARLSON MARKETING BLDG. r,,.i,;% .i,; Minneapolis, Minnesota N'; , �: HILLCREST DEVELOPMENT NEIDHOEFER BUILDING NO 1 r Minneapolis, Minnesota .114.:,a;rd r;, ••„ ��� CLECON BUILDING r �VErnestF. Christiansen ,; Minneapolis, Minnesota P. Construction . MURPHY -ELM INDUSTRIAL PARK EFC: kh Minneapolis. Minnesota i CLEVELAND FABRICATING BLDG. Enclosure . Minneapolis, Minnesota ;;HILLCREST LAND INVESTMENTS :•:For the Development of Commercial • . '.' �;hhtdusbiel • Residential • Apartmen0 ONtea Projects in Minneapolis, �St. Paul, and Suburbs. CITY OF EAGAN DAKOTA COUNTY, MINNESOTA AMENDMENT TO ORDINANCE NO. 16 - SIGN ORDINANCE THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA, DOES HEREBY AMEND ITS ORDINANCE NO. 16 AS FOLLOWS: SECTION 16.06 -- FREE STANDING BUSINESS SIGNS, STANDARD: Subdivision 4 -- FREEWAY LOCATIONS. An on -premise pylon sign for identification purposes is allowed for a business sign located directly adjacent to a freeway within the City of Eagan. Any business that acquires a permit to erect a pylon sign for freeway identification may be allowed an additional free-standing ground sign to be located on the side of the property opposite. of the freeway. All signs must comply in all other respects with the provisions of this Ordinance. A freeway shall be defined as a principal arterial highway as defined in the Comprehensive Plan. ATTEST: CITY COUNCIL CITY OF EAGAN BY 4L)C�C�I.L By: E.V% vanuver eke, City Cle'rk quist, MAyor Original Ordinance Adopted: May 19, 1964 Amended Ordinance Adopted: -July 7, 1961 Published in the Dakota County Tribune: July 23, 1981 .5 77 �R ROVE' h m L31� C .. A - T AR i EEN R GB GB PFNB^f: e PF O Ng HIGH m a B-2 ,aa SCHOOL 0 ; PFF- R-3C 1 ' Fit •� + PK :�'� PK ( w�y MART E :'r •"S b /� i *yt" %, r... SLA. C5 1.� ti:L. ,: a •�` �,��}S.j, l�/1Vr a RZ Y '4 ^V4 -Y ti: F- .1 csc Al 6P LI l 10 2 J NB' )RIVER R B TEST Z , U-0 A: LB I rr �l ENTER N OC A A R B! SuB.TEG7 Do iPRo�RTY vi 7 Fv}r[+rtfk�� ,1 0 0 The application of McDonald's Corporation for a variance to exceed the allowable height of 27 feet for a pylon sign located at 4565 Erin Lane, McDonald's Restaurant, was convened by the Chairman. Mr. Jack Lawrence of Signcrafters Outdoor Display, Inc. appeared for McDonald's Corporation. At the request of member Wilkins, staff advised that there would be no problem with the 300 foot limitation and that neither Burnett Realty nor Hardee's have been allowed signs in excess of 27 feet. It was noted by member Krob and Chairman Hall that the applicant would have had full knowledge of the freeway prior to construction of the new McDonald's restaurant. It was noted that according to ordinance, a freeway sign must be on property directly abutting the freeway. The McDonald's land does not so abutt and in fact, has adjacent to it, two other other locations for potential fast food restaurants. Wilkins moved, Krob seconded the motion to recommend denial of the variance. Those in favor of the motion were Wilkins, Krob and Hall. Those against were Wold and McCrea. S9 0 0 Agenda Information Memo May 14, 1982 Page Nineteen PRELIMINARY PLAT - BERRY RIDGE CONDOMINIUMS C. Roger Kreidberg of Scheutt Investment Co. for Preliminary Plat Approval, Berry Ridge Addition, Consisting of Approximately 3.65 Acres, located on Lot 11, Block 3, Hilltop Estates -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on April 27, 1982. The Advisory Planning Commission is recommending approval of the preliminary plat. For additional information on this item, refer to the City Planner's report, a copy of which is enclosed on pages ( f through '7/ for your reference. For action that was taken�y`tFe Advisory Planning Commission, refer to a copy of the minutes, found on pages through -7 3. Park recommendations are enclosed on page "7+ ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the Advisory Planning Commission to approve the preliminary plat for Berry Ridge Addition. � 0 0 CITY OF EAGAN APPLICANT: ROHM KREIDBERG - SMUTP INVESTN4SIT CO. LOCATION: LOT 11, BLOCK 3, HILLTOP ESTATES, SW; OF SECTION 22 EXISTING ZONING: R-3 (RESIDENTIAL TOWNH(XJSE DISTRICT) DATE OF PUBLIC HEARING: APRIL 27, 1982 DATE OF REPORT: APRIL 22, 1982 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED An application has been submitted requesting a preliminary plat, Berry Ridge Condo- miniums, consisting of approximately 3.65 acres and containing 26 dwelling units located on Lot 11, Block 3, Hilltop Estates. ZCNING AND LAND USE Presently the parcel is zoned �3 (Residential Townhouse District) and would only allow a townhouse development proposal. The proposed land use plan designates this parcel as R-1 (Single Family Development). Since the parcel is zoned R-3 (Residen- tial Townhouse),the zoning takes precedence over the proposed land use plan. The parcel is the last parcel in Hilltop Estates to have a development proposal submitted. As stated above, the parcel is zoned R-3 (Residential Townhouse District) and would allow a townhouse development proposal. The parcel is 3.65 net acres. There are no ponding areas, streets rights-of-way or any other dedications to be subtracted from this plat than what has already been de- ducted in the platting of Lot 11, Block 3, Hilltop Estates. The applicant is pro- posing to provide a looped private drive to provide access to the development pro- posal. There will be two accesses onto Berry Ridge Road which will provide adequate circulation for this development proposal. The applicant was originally proposing 30 dwelling units for the subject parcel. According to the zoning ordinance, the maximum density for this 3.65 acre parcel is 26.49 dwelling units. The applicant has reduced the 30 -unit townhouse project to 26 dwelling units, which is just under the maximum density allowed in an R-3 zoning district. The building coverage for this site is 7.42% which is substantially low- er than the 20% maximum allowed for the subject parcel. The reason for this low building coverage is that the developer is proposing to have 2 -story units which each story would be owner -occupied or individual units. The reason for this lou lot coverage is that the applicant is also proposing underground parking for this development plan. 61 0 0 CrrY OF EAGAN BERRY RIDGE CONDMINIUMS APRIL 27, 1982 PAM TWO The applicant has taken the existing topography and vegetation into this site de- sign. The buildings are designed in accordance with the contours of the property and they are leaving as many of the natural amenities to the site as possible. The applicant is also proposing to leave as many of the existing pine trees which are located on the north side of Berry Ridge Road. The only place these pines would be disturbed is where the access points would be into the development pro- posal. The applicant has also minimized the site disturbance with this particular development proposal. The applicant is proposing to construct 15 one -bedroom units and 15 two-bedroom units for a total of 26 dwelling units. The one-bedroan units would contain ap- proximately 750 square feet and the two-bedroom units would contain approximately 1,200 square feet. It is staff's understanding that the project will be designed with energy conservation in mind and that the proposed project will exceed all energy code requirements. The proposed project will contain one garage space or underground parking space and one parking space per dwelling unit. The building meets all setback requirements as required in Ordinance 52. In reviewing the parking layout, the westerly parking lot, or the parking area abutting Pilot Knob Road, should be shifted easterly to provide a 20' green area for the parking area along Pilot Knob Road. In reviewing the site plan, the proposed site plan shows 30 dwelling units. The easterly two buildings will be removed so that only 26 units will be allowed. With the reduction of the two easterly dwelling units, staff is suggesting that the applicant may consider parking on the easterly side of the building. Also, the parking should be extended, or a driveway should be extended, on each side of the building in order to get fire protection around the entire building. Staff has suggested that the developer may consider a trail or sidewalk running on the northerly side of the development proposal in order to allow direct access to the north side of the building for pedestrian as well as fire and rescue. The pro- posed building will have individual entrances to each of the dwelling units. Therefore, the project is more of a townhouse development than a condominium unit. Staff would like to mention that the applicant has made an attempt to hold a neigh- borhood meeting to discuss the developent proposal with the neighborhood prior to the Advisory Planning Commission holding the public hearing. Staff was in at- tendance at the neighborhood meeting and only three residents from Hilltop came to this neighborhood meeting. Staff would like to acknowledge that the applicant has made every effort to inform the neighborhood as to their development proposal. If approved, the preliminary plat should be subject to the following conditions: 1) A development agreement shall be completed prior to the construction of any of the dwelling units. 2) A detailed landscape plan shall be approved by City staff and an adequate landscape bond shall be submitted with the final plat and not released un- til one year after the landscaping has been completed. 3) The developer shall provide the City with a copy of the homeowner's asso- ciation by-laws for review. 6a 0 0 CITY OF EAGAN BERRY RIDGE CONDOMINIUMS APRIL 27, 1982 PAGE THREE 4) The plat should be subject to the Park Committee's recommendations and comments. 5) The development plan should be shifted to the east in order to provide a 20' green area between the westerly property line and the parking area. 6) The developer should consider putting parking areas on each side of the building and extending a drive or path around the north side of the build- ing to provide adequate fire protection. 7) No more than 26 dwelling units shall be allowed for this development pro- posal. 8) All other City ordinances shall be applicable for the overall development proposal. DCR/jach 9) A detailed grading, drainage and erosion control plan must be reviewed and approved prior to final plat approval. 10) Adequate utility easements must be provided to allow a connection to the existing trunk sanitary sewer along the north property line and the requir- ed internal water main looping and fire hydrant location. 11) A storm sewer detention ponding system must be constructed in the north- east corner of this proposed plat to minimize the increased runoff from__:. this development. 12) An 8' wide bituminous pathway must be constructed along the northern side of these units a minimum of 15' from any structure for potential future fire access. other trailway installations along Berry Ridge Road should be in conformance with the requirements of the Park and Recreation Committee. 13) This development shall provide for a residential street eauivalent assess- ment escrow for the 283' of frontage adjacent to Pilot Knob Road to cover this plat's financial responsibilities for the future upgrading of Pilot Knob Road. This escrow shall be determined on the residential street equivalent rate for multiple dwelling zoning at the time of final plat ap- proval. TAC/jack 63 P 0 TO: THE PLANNING COMMISSION, C/O DALE C. RUNKLE, CITY PLANNER FROM: ROBERT W. ROSENE, CONSULTING ENGINEER DATE: APRIL 21, 1982 RE: BERRY RIDGE ADDITION The Public Works Department has the following information and concerns rela- tive to approval of the above referenced plat: UTILITIES Water service is available from an existing 8" diameter water lateral in Berry Ridge Road. Hydrants are located on this line near the southeast and the southwest corners of this property. It will be necessary to add not less than two additional hydrants, one near the east end and one near the west end of the proposed condominium building to provide adequate fire protection. Sanitary sewer service is available from the existing sanitary sewer trunk which lies 10 feet north of the north line of this property. Due to the heavy slope of this property away from Berry Ridge Road, it is not possible to pro- vide gravity sanitary sewer service to the existing lateral sanitary sewer in Berry Ridge Road. GRADING AND DRAINAGE The existing topography of this site shows a relatively heavy slope from Berry Ridge Road to the north edge of the property. The proposed grading plan util- izes this slope in the location of the buildings and to provide a walkout on the northerly side of each of the lower units. Drainage from approximately the westerly one-third of the property will be to the northwest to the ditch on Pilot Knob Road. The major parking lot is loca- ted adjacent to Pilot Knob Road and is shown with surface drainage to the north. It is recommended that a catch basin in the parking lot and a short section of lateral storm sewer be required to carry the parking lot drainage to the existing ditch. In the future, when Pilot Knob Road is updated, this storm sewer will be connected to lateral storm sewer that will be required for the Pilot Knob Road upgrading. The easterly two-thirds of the site drains generally to the northeast. The preliminary site plan shows catch basins in the parking lot and driveway dis- charging on the surface approximately 100 feet north of Berry Ridge Road. To minimize erosion and adverse effects on the adjacent property, it is recom- mended that this storm sewer be extended to a point near the northeast corner where a small ponding area should be excavated. This small pond will minimize any adverse effect which the drainage from this area would have on adjacent property. With the pond, an overflow across the natural vegetation can be al Page 1 9313a 64 0 0 lowed which will create no greater problems than the present drainage causes. The Master Plan for Storm Sewer shows that drainage from this parcel flowing to Pilot Knob Road will continue north to Pond JP -36 which is just south of the St. John Neumann Church. Drainage from the easterly portion will flow in- to Pond JP -48 which ultimately overflows into Pond JP -7. At the present time, there is no overflow outlet from Pond JP -7. However, it is relatively large and, with the proposed pond to be added in the Berry Ridge Addition, we do not believe that the drainage from this Addition will cause any significant prob- lems with the water level of this pond. As more development occurs in the area and particularly when Pilot Knob Road is upgraded, an outlet to Pond JP -7 should be considered in accordance with the Master Plan. Due to the steep slopes involved on this property, an extensive erosion con- trol plan will be required to minimize problems with erosion during construc- tion,and to prevent the washing of soil onto the adjacent property north of this site. STREETS Berry Ridge Road will provide street access for this property. Internally, a private drive and parking lot will be provided. Underground parking beneath the units is to be provided for one space per unit. The balance of the park- ing will be in a parking lot to the west of the units and on the widened por- tion of the access drive in front of the units. Street grades of the access driveways must provide a relatively flat spot immediately north of Berry Ridge Road to allow cars to stop on a level area before proceeding into Berry Ridge Road. Also, drainage from Berry Ridge Road should be preventedfrom flowing down either driveway by raising the elevation of the entrance driveway above the center of Berry Ridge Road at the property line. It appears that the above ground parking is concentrated on the south and westerly side of the condominium units. Consideration should be given to sur- face parking near the east end of the units. Such location would provide more convenience for the owners of the easterly units and would provide the poten- tial for more adequate fire truck access to serve the north side of the east- erly portion of the development. EASEMENTS AND RIGHTS-OF-WAY The existing plat of Hilltops Estates provides the necessary right-of-way on Berry Ridge Road and the future widening of Pilot Knob Road. An easement will need to be acquired between this property and the trunk sanitary sewer line to the north to allow a connection to this trunk'sewer line. All other standard easements will be required at the time of final plat approval. SITE PLAN The engineering department has no other concerns pertaining to the proposed layout of the site plan. However, the sharply sloping topography of this site may require minor modifications during the preparation of the detailed site grading and development plan. The presently shown access points to Berry Ridge Road are satisfactory from a setback consideration from Pilot Knob Road for traffic purposes. 9313a Page 2. 4s 0 0 TRAILS/SIDEWALKS An existing trail on Berry Ridge Road leads from the east to a point near the southeast corner of this proposed plat. The trail then turns to the south along the proposed future street to County Road 30. It is understood that the Park Committee will be considering the desirability of providing a sidewalk or trail connection from the entrance of this development to that trail. Consideration should also be given to the installation of an 8' wide bitumin- ous surfaced walkway from the parking lot on the west end of the building around the northerly side of the development. Such a trail would provide con- venient access for the residents from the parking lot to their lower level en- trances and could be used as an emergency driveway by the fire department for fire protection purposes. ASSESSMENTS Trunk sanitary sewer, storm sewer and water area assessments have been levied under the Hilltop Estates Development. Also, all lateral sanitary sewer, water and street assessments along Berry Ridge Road have been levied to this property. The only other assessment required is for the future upgrading of Pilot Knob Road. Current policy would require a residential equivalent as- sessment for the 283.0 ft. of frontage on Pilot Knob Road. A current esti- mated residential equivalent is $35.00/front foot, resulting in an assessment of $9,905.00. This amount would be put in escrow and utilized for the Pilot Knob project when it is carried out in conjunction with the Dakota County Highway Department. I will be available to discuss in further detail any aspect relating to this report at the Planning Commission meeting of April 27, 1982. Respectfully submitted, Robert W. Rosene Consulting City Engineer RWR:1i 9313a Page 3. !y _1 67 , _. •i' j ,.0 nu I C A .I r� /BC�2P7-/02n5\ �(�/�-_ '/'". ; /-.o-4��✓I :! '\ 1 I \�l��. I C�B4sUO� J :1 1 DP -98200 I .1 #_E- 7 V„7ESC07_r-I WooM.1 864.062i�0.0 13-\GPREN O�--TLfs PJ-BB20 _P-61. "" f DP -IB - e� s)71.0• 00efoei 820 _ '•.r--V`/�-I 79s0 BP3i c "Jl:MJ1Yis L'Jt1. Jp-4 PJ -46 JP-' 1')8060 Q8300 , r °8660 UP 45 � V 832 ����••••"�ll-�yy,�yy,,, 8890 3 892.2 7, I I l Jf 872.0 B9zolk.V 40 JP -41/ 896 839.2 • I h ,,(P-47,i-�. \, / L"[ BB70 BP-301^� 1 \ / �, •/ 884/0 x 847.p JP -42 LD1,/ L5: 15i ��ppQ�gg C1 '..J -I ^'BS/t)• / '_�£Y , ar�K - FiS9"�I vt �y -.C.st -� C BaeO Z. �I�•Jgp_640- 5 U� MILL$ �� arr-/ e4 4 I Jr -32 '!,AH JPi5 L^ 8860/ �g�, I /," P 4� - r8390 '\. JP -II ---� 8900 I i I�BLA(,`��/ \�. 83'. 4�, B4a0 6! 8157 JP -44 / 13J 1-31 ^b _7 / BP 26'1 i._ B830'a � 9.7 7913 x9940 °aV J+l J -m- 2i �� I `4 - BLAAKXAN% 1I �T4_K ",n0�� I moi} J70.2 ,_ 1\ PARK i ` Jp- �� j 87.0 :SBP -2 1 Bze.o9 / m} _a JP -30 8740 �. / 794. B2B, JP -10 } 872.7 f �79a.0 %' 820.8 t 882.0 E, 8278 7iNip 6 C� q \ r,�y teFgp7-J„_gb_I I t�l_�13JP_B _ zBP \1Y 881-28 LS -12 sV189.0 866,0 // 18-b Oy j o 22 - J wA ' j i L✓ 9706 IIP=35 BPRO ;. �. L -r 873:2 1869.4 ; J -d8 JP_ -34 / / BB�P-3 / 42 I �d/ 872.9 .z• i�. -iZ. 8840 J-4 _A -e, 881.3 B•cr� BSOO yJ r ALE BB- (-4 12/JJP-48 tee` �� /dR i� PATRICK ~ =1 f / 4ti isI BB 0 LI 872} 59. _ r.464N II 1;': BP -25 924.0 1i eN o - e200 JP -29 B-4 9J0.0 DSII 8800 ' P-63 a 9233 ei i 111 I 856.0 1 -\ ``1 940.0 i JI '• _36 GB I,N e�, 12' ld B 0 }'I -gP-24_• m 1 T,. J+4a Nil J -t y I 918.011 929,0 % P-� - •«I I I " 74.0-- 1 R-44 _ LP -43 11 � 1 d � - mmrrs'��: •..�T r, }��j7 �� es3.o ! 1 X11 SBP-23�JP,/ • 9]6028 531 3 BP� -IB �� Q886.0 :�rr..••,, ��, S O�Q'BB'�-9-0. 4u1 Fx�: ���� -� LOCRN 11 03 / �! r 9030 , /e 9a1o6 8-91, LS..31Udi ra 902.Or v' (iii I� _ e - 1 \ LP -40 C _LP -61 - _ .�_ L _41' B9B.0--_�'H-SO I2 --BP- 5 abNU * 884.0 /,f+�' -903Q gggg20 --- 8884.4 BA44 -� N �] Iia _�_ j�.i;m,>r L 1 eee.o �: I., fS � r \ �. � - BP• \ syl LP -q 70,0 J BB0 - 1 -N LIP ' x{1881-19 '�. -'� n '1 BP II 879. 915hT 6.6 92 �9/901Vrtt168 /V'°� ��1..h�E� I'1 -'r�st,�9ovo_I�__•.>_ t.LiC s-' .::>4ee: std 100 -t---�,¢g6G'n� tiC! u -P 0, V. 'ak LS-Zb .`i m I// / /e•L��•I f r P ./ \'"�` i'.1 \III�__- I.i I�.`•� I11�YR.M�d FOP / GO_ULNTY !` - 62 .0 888630 867069ggB0 , C?p LP -389110 u 1661.3 LP 8730\/90 t LS -2 7 LP -6 Zc 09TA 9025 B -74.35 ([A��A.` L -.S---20_ _ f :9 1 4 2Y.0 / 9/30 9010 -LP-20CP10L 0 ' _5 LP -24 8,0 � 683.2 h/ 92LO � � \ 9 cxCEPr10N J'�� 8860 LP_ 56 19 I Li -19 ! 9640 LP 9700 912 •^_ ILeB7.0 �L?� ) SI`%�. STOM SEWM PIM 891..0 KOTA 9 LP -7 r ., 1\\ 9 Fj '918 6 'S LS- �'• -` J`DISF,}L- _. 1 - r 'v 9380 E• i \•,_ / 1 LP -12 / �/ LP -IT DAKOA COUh.Y 92d21K 67 LP -15 Sze, 1 LP -60 __t /--•7 14(�0))�'lxtr� __.716 n I 9600 II- 0 4 B" wage Rom y .: i t� Site flan lie,rryy Ridge CorxJoniigm /mnu omi .St.0 FlfF4 ,aC111[Cl5 ryC II 1 l .1 4 Preliminary Plat, iP-� 6lYW SII iCSo� I R-3 Fi wOp c R-1 l • / � fit r (-� R-1 cirr R -I I I H4L L' ..I PF A X� R-1 R' 1 ,.: Es Ort K 7-7 AD 2 ' PF �` C O- 1 •�ttt•�� �y4 L~� - a Y A. • <, , y •:. .f •�. � t 4�£\. i1 u yjy i. ,..� .t �•� L. !. !ti i i�i¢�T]}'!V^'i A III CL R-3 P1 •} �, � Y•'it •r r tiJt_..1� 4iL'ti 1 •,\.�1 R -I , J t �. ' R,z I PF s t f. Lp T J U • r' • r -t • 1 � I oi6' PF - j' T ice::.,, �'�-•�' I I \ e TS Ic RB aGB. �� _./ ..., �'- i t'.....i:•. <^^.:. Ind„„, - COMMERCIAL .'�•-{ PL.ANNEDDEVELOPMENT :. .... R-f I�.,,� ,Ind •°R Er/nnI.�IlI1 I.1-B M '• R-II RIII I /R A Ind rw.m.r�r^'i � \• r '” '':� _ F781�-/ •R-IV R-III i1�S 'b .I:� �j oa �.�nix i,� i � sn ' � /: RI-1 p •-1 �� O C3 NB v � I II /'y i-�� P 1 l,I : - R•19/�iA' - R-III R-III �n\� 1n �LBf R-II LLJJ if;CSC- din%i;r-= .a'I/nd �tT r' R-11 R4 �P J� .GOLF — R-[r-L U6 • P ^tet FR•�I n� C x �'I.i Int 1 till i�+% ' �� - R-0 ..P • Ind. <' w RII n.• �. a .. R-I-. �{ I „` � ^� E �� I.- :_jlj ..R II ->�iCr - \ O R-� - . •fi-IV, .', e`."``7 I ..,?. i. 6 moi`_' ... •� ',\ W _R-III HALL R-11 'Ell - _ R ILs' R..�N %Y gym., R-il� r F-�--• .-,..;HS...[ I- I ,1iC”. m �f-,.R-11 ��� s.T I•�, ReR 11 i Rt R NB RB �J, R•III S ?se; rho-i5`.•'." e - ... 'r -R-111 R It R-II!' R'1t..6� ,t,° i �r�IN��� `\ R-III CSC/GBIIB R-II` � - R-il p j `.r? C`^� zr E [ II�.Y ..t• L.,i; PQ R-11 / ;,,q• R II R-II P -� nr � s rim � -'< 1 ® '� R-II eri r �^ �•�'. �_ ay. a/i.i 1, lbltr 1-, ° �i' lyJ f SIC R_I IrN7- R-I i PIT '11'd1 SIA - P GbLI �..,. l ;: p R-II v.xe 3 p R-11 _. AI P e. ',.i• n' p an J,r .�ryaM �l ` �':� q. ) I ��.�—__ ILI \r VALLEY:---eROSENOUNT�. q I n APC Minutes April 27, 1982 JOAN A. TMM - JMTM, INC. The application of Roger Erickson and Ed Leier, dba Jatco, Inc_., for a conditional use permit to allow,a Mexican fast food restaurant in a Neighbor- hood Business District located at 1973 Silver Bell Center was convened by the Chairman. It was noted that there appeared to be adequate parking for this type of restaurant, which was to expect 508 sit-down and 508 take-out busi- ness. This was assuming that this Shopping Center continued to be a low- volume center and that the once proposed, hamburger and beer establishment was not being developed. The members also expressed concern that the applicant be responsible for any necessary receptacles for customers that would choose to eat their food outside of the building and dispose of the waste. Member Krob moved to recommend approval of the conditional use, subject to compliance with applicable ordinance provisions It was seconded by McCrea. All voted in favor. The public hearing for the application of Schuett Investment Co. for preliminary plat approval of Berry Ridge Condominiums was convened by the Chairman. This application would include 26 condominium units in 13 townhouse type structures, each containing an underground garage, first floor one - bedroom unit and a two-bedroom unit on the second and third floors. The plat consists of approximately 3.65 acres, located on Lot 11, Block 3, Hilltop Estates, which is zoned R-3 allowing for this amount of density. ,Roger Kreidberg appeared for Schuett Investment Co. along with a representative of an architectural firm. It was pointed out that these were condominiums as opposed to townhouses, due to the fact that one unit would be under/over another unit. Member McCrea expressed concern about the method of figuring the density of the plat. It was requested that several points of concern be addressed by the developer and staff prior to final plat. It was noted that the 20 foot green area along the westerly property line in condition 5 could be obtained either by shifting the entire project to the east, or by shifting all or part of the parking area to the east side of the property. The members also requested consideration for minimizing the drive or path around the north side of the building for fire protection. The consulting engineer was requested to consider whether the storm sewer retention pond proposed for the northeast corner of the proposed plat could be deleted. It was also noted that the developer may change the entrance to the garages bo the east end of the property and that fire hydrants would probably be installed at each end of the structures to allow adequate fire protection to the back side. There were no objections to the applica- tion. Krob moved, Wilkins seconded the motion to recommend approval of the application, subject to the following conditions: 1. A development agreement shall be completed prior to the construction of any of the dwelling units. Z APC Minutes April 27, 1982 2. A detailed landscape plan shall be approved by City staff and an adequate landscape bond shall be submitted with the final plat and not re- leased until one year after the landscaping has been completed. 3. The developer shall provide the City with a copy of the Declaration of Condominium, Articles and By -Laws for review. 4. The plat shall be subject to the Park Committee's recommendations and comments. 5. The development plan should be shifted to the east in order to provide a 20 foot green area between the westerly property line and the parking area. 6. The developer should consider installing parking areas on each side of the building and extending a drive or path around the north side of the building to provide adequate fire protection. 7. No more than 26 dwelling units shall be allowed for this development proposal. 8. All other City ordinances shall be applicable for the overall de- velopment proposal. 9. A detailed grading, drainage and erosion control plan must be re- viewed and approved prior to final plat approval. 10. Adequate utility easements must be provided to allow a connection to the existing trunk sanitary sewer along the north property line and the re- quired internal water main and two fire hydrants. 11. A storm sewer detention holding pond must be constructed in the northeast corner of this proposed plat to minimize the increased runoff from this development. 12. Trailway installations along Berry Ridge Road should be in confor- mance with the requirements of the Park and Recreation Committee. 13. This development shall provide for a residential street equivalent assessment escrow for the 283 feet of frontage adjacent to Pilot Knob Road to cover this plat's financial responsibilities for the future upgrading of Pilot Knob Road. This escrow shall be determined of the residential. street equiva- lent rate for multiple dwelling zoning at the time of final plat approval. All voted in favor. 3 -13 0 May 11, 1982 JMEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: ADVISORY PARKS AND RECREATION COMMITTEE'S RECOMMENDATION - BERRY RIDGE PRELIMINARY PLAT On Thursday, May 6, 1982 the Advisory Parks and Recreation Committee reviewed the preliminary plat for Berry Ridge. The parks dedication has previously been satisfied for this parcel. The committee did review the plat for possible trail construction. After review the committee's motion was not to include any trails or additional parks requirements within the plat. cc: Dale Runkle, City Planner Paul Hauge, City Attorney Judy Chaffee, Planning Secretary Tom Colbert, Director of Public Works -74 0 0 Agenda Information Memo May 14, 1982 Page Twenty IRB FINANCING REQUEST - TIME EXTENSION D. Pilot Knob Shopping Center, IRB Financing/Request for Time Extension -- Mr. Ronald Krank, representing the architect interior design firm of Korsunsky Krank Erickson Architects, Inc., is requesting on behalf of Kraus Anderson a time extension on the pending preliminary approval for industrial revenue bond financing for the Pilot Knob Shopping Center. The resolution was adopted at the March 17, 1981 City Council meeting, approving industrial revenue bond financing in the amount $5,500,000 for construction of the Pilot Knob Shopping Center. According to the guidelines set forth by the City, each industrial revenue financing approval is for a period of fifteen months. Therefore, the industrial finan- cing will expire on June 17, 1982 for this issue unless a time extension is granted. The City has provided a time extension during the past two years for other industrial bond applications. For a copy of the letter requesting a time extension, refer to page 76 . If the City Council desires a time extension, one (1) year is the period of time that has been granted for previous time extension requests. The reason for the request is due to the in- ability to obtain satisfactory financing as a result of high in- terest rates and the depressed construction economy. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the time extension for considering industrial revenue bond financing for the Pilot Knob Shopping Center Project. 75 11 KORSUNSKY KRANK ERICKSON ARCHITECTS. INC. February 12, 1982 Mr. Tom Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Re: Pilot Knob Shopping Center Comm. No. 80-124 Dear Tom: ARCHITECTS • PLANNERS • INTERIOR DESIGN According to our records, it appears that the industrial revenue bond resolution which we received approval of on March 17, 1982 will expire on June 17, 1982. As you are aware from our prior conversations, we have had difficulty in obtaining satisfactory financing. We are still very optimistic about our ability to resolve the financing and still proceed this year. However, this is taking longer than expected and it is, therefore, extremely important for us to obtain an extension of the preliminary resolution. Would you please advise us as to how we should proceed to process the approval application from the City Council. Yours very truly, KORSUNSKY KRANK ERICKSON ARCHITECTS, INC. Ronal ,Krank, A I. . RK:kt 570 GALAXY BUILDING 330 SECOND AVENUE SOUTH MINNEAPOLIS. MINNESOTA 55401 (612)339-4200 0 0 Agenda Information Memo May 14, 1982 Page Twenty -One LONE OAK HEIGHTS/TEMPORARY SALES OFFICE E. Lone Oak Heights for Temporary Sales Office -- Midwestern Asso- ciates was given authorization to proceed with the Lone Oak Heights condominium and town house project by the City Council at its April 20, 1982 meeting. 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 should be processed as a revision to the preliminary plat. The sales office would be temporary until all condominiums and townhouse units are complete. The trailer would be approximately 10' x 26' in size and it would be located next to the existing construction trailer. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the temporary sales office for Lone Oak Heights preliminary plat as requested. "77 Agenda Information Memo May 14, 1982 Page Twenty -Two CONTRACT 82-4 E A. Contract 82-4, Receive Bids/Award Contract (Twin View Manor 2nd Addition et al, Streets) -- On Tuesday, May 11, 1982, formal bids were received at City Hall for the above referenced contract. The results of the bid opening and the low bid's comparison to the feasibility report are presented on page -77 for the Council's information. Please note that the bids received for Project 335B under this contract exceeded the feasibility report estimate by 10.24%. In accordance with the new City policy, the developer has been informed that the bids received have exceeded the feasi- bility report estimate by more than 10%. The developer has been requested to sign a letter stating his knowledge of this overrun and his acceptance of the bids as submitted. If the staff has not received this letter of concurrence by the May 18 Council meeting, it is recommended that this project be deleted from the contract award consideration, resulting in the contract being awarded to the low bidder, Bituminous Roadways, deleting Project 335B (Twin View Manor 2nd Addition). Upon checking the extensions and additions of the bids submitted, an error was discovered in the low bid resulting in a corrected amount of $180,600. ACTION TO BE CONSIDERED ON THIS MATTER: Contract 82-4 and award the contract to Roadways, Inc., in the amount of $180,600. No To receive the bids for the low bidder, Bituminous 6 Our File No STREET IMPROVEMENTS CITY CONTRAC'r N0. 82-4 PROJECTS 335B, 340B,341B, s 346B� LAGAN, MINNESOTA CONTRACTORS 1. Bituminous Roadways 2. McNamara Vivant Contracting Co. 3. Alexander Construction Co. 4. Hardrives Inc. 5. Pine Bend Paving Co. 6. Northwest Asphalt Inc. BID TIME: 10:30 A.H., C.D.S.T. BID DATE: TUESDAY, MAY 11, 1982 TOTAL BASE BID $180,420.00 187,686.40 196,568.10 197,375.20 199,044.50 203,035.85 (F. R. ) Over (+) Project Location Feasibility Report Eng.Est. Low Bid % UnderF.R. 335B Twin View Manor 2nd 340B Windcrest 2nd 341B Windtree 2nd 346B Cinnamon Ridge 1st TOTALS: $16,680.00 $17,400. $18,387.70 10.24 (+) 43,400.00 33,800 30,836.20 28.95 (-) 81,855.00 67,740 62,491.30 23.66 (-) 88,540.00 75,240 68,704.80 22.40 (-) $230,475.00 $194,180 $180,420.00 21.72 (-) -79 0 0 Agenda Information Memo May 14, 1982 Page Twenty -Three 1982 HEALTH INSURANCE BIDS B. 1982 Health Insurance Bids -- At the April 6, 1982 City Council meeting, the City Administrator reported that the City had received a proposed health insurance increase of approximately 28% and fur- ther that any amount exceeding a 20% increase requires by statute that the City bid the health insurance coverage for all City em- ployees. Authorization was given at that City Council meeting to proceed with the preparation of plans and specification for health insurance, advertise for bids•, with a bid opening scheduled for May 14, 1982 at 3:00 p.m. The bids will be opened at that time, reviewed by the City Clerk and City Administrator on Monday, May 17, 1982, with a brief memorandum, bid tabulation and analysis provided with the administrative packet for each member of the City Council on that same date. As a reminder, the present family coverage for health, life and disability insurance averages from $92 to $100 per month and the proposed package will be approximately $120 to $128 per month per family. The City budgeted $120 for each employee during 1982. Since three months are at the old rate and 9 months will be at the new rate and some employees are on single coverage which is considerably less, the new costs proposed by Mutual Services Insurance or some bidder that may have a lower amount will be within the budget for this year. The reason there is a range in the family coverage is due to the different rates for disability insurance per employee. The City Administrator and City Clerk are recommending that health, disability and life insurance be bid on a calendar year basis to stay more consistent with union negotiations, and, therefore, in order to make a conver- sion from the fiscal year, April 1 through March 31, this insurance package will be in effect until December 31, 1982. The City is presently paying the new premium to Mutual Service Insurance for the months of April and May, and if they are the successful bidder, the City will continue on with the payment schedule as presented. If a new insurance company is contracted by the City, the effective date of agreement between the City of Eagan and that insurance company would be June 1, 1982 for the remainder of the year. Tradi- tionally, the City has negotiated union contracts and employee agreements during the fall of each calendar year with no idea as to what may occur with insurance premiums which are normally pre- sented to the City in February or early March for an April 1 re- newal. By changing from a fiscal to a calendar year, the City should receive any proposed adjustments to the health insurance premium in October or November which is more consistent with con- tract negotiations. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the successful health insurance bid. h e 0 0 Agenda Information Memo May 14, 1982 Page Twenty -Four BECC UPDATE C. Joint Burnsville/Eagan Cable Commission Update -- The joint commission met on May 13, 1982 to discuss the following agenda items: proposed bylaws, local ownership structures, demographic discussions, and a policy decision overview. Commission vice chair- man Jim Smith was acting chairman in the absence of Paul Wood and will provide an update to the City Council at the meeting on Tues- day. There is no action required by the City Council. 01 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 14, 1982 SUBJECT: INFORMATIVE Lone Oak Heights Development The City has received a letter from Mr. John Gustin, President of Timberline Civic Association, a copy of which is enclosed on pages SAC through 0.5 for your reference. Protective Inspection Report The monthly report for April 1982 and year to date totals for the Protective Inspection Department are enclosed on page S& . The City Council will notice in this monthly reporting t ah t a brief labor distribution is shown for actual inspection and office hours for the inspection department. Our new payroll system, LOGIS, has allowed all departments to accurately record labor distribution. In the future, the City Administrator will attempt to provide more labor distribution information to the City Council for all depart- ments. Mobile Manufactured Housi The City received an action alert from the League of Minnesota Cities stating that Minnesota Laws, 1982, Chapter 490, amending MS 462.357, Subdivision 1, changes the Municipal Planning Act to prohibit the exclusion of mobile/manufactured homes from cities. These provisions are not effective until August 1, 1982. In order to provide some control so that mobile/manufacured homes are not placed ramdomly throughout the City of Eagan in single family zoning districts, it is recommended that certain zoning ordinance amend- ments be given consideration. Please refer to the attached informa- tion from the League of Minnesota Cities found on pages 137 through $9 for further information. If the City Council so desires, further staff input and an amendment to the zoning ordinance can be drafted and placed on a future City Council agenda for considera- tion. AMM Annual Meeting The AMM Annual Meeting is scheduled for Wednesday, May 26, at the Sheraton Inn Northwest in Brooklyn Park. Enclosed on pages 1 through --mber is a copy of the notice and nominating committee report. Any meof the City Council. who wishes to attend should notify the City Administrator at the meeting on Tuesday so reserva- tions can be made for you. Please note that spouses are welcome to attend the annual meeting as was the case last year. .52 0 0 Informative Memo May 14, 1982 Page Two Tax Exempt Mortgage Financing Enclosed on pages 73 through 9 S is the most recent information pertaining to the tax exempt mortgage financing program. As stated on the information, 99% of the loans are pre -committed and only approximately $33,000 remains for the program. There have been 296 loans including both low income and basic income provided under the program. Conciliation Court The City of Eagan appeared in conciliation court as the defendent in a case involving Stacy Marie Malcolm who resides at 1919 Silver Bell Road, the plaintiff, over a charge that due to the discolora- tion of the water, her laundry was ruined and she requested payment for her laundry by the City of Eagan. The City Clerk appeared before Judge Mitchell on May 3, 1982, and upon listening to the case stated by Stacy Malcolm and the City's position on the matter, the judge has ruled that the City does not owe Ms. Malcolm any amount of money as a judgment for her claim. The City of Eagan had taken the position in conciliation court that discoloration of the water does not ruin the clothes, it merely changes the color, and in fact, the City had given Ms. Malcolm a solution called Rover to restore the natural color of the laundry and there was no valid claim or judgment against the City of Eagan. MTC "Opt Out" Program Mayor Blomquist received information from MnDOT Commissioner Richard Braun that outlines the program referred to as the "Opt Out" program providing for local communities in certain circumstances to qualify for transit funds equivalent to 90% of the property tax levied by the Metropolitan Transit Commission in the community. Enclosed on pages through /� is a copy of the letter and the Metro- politan Transit Demonstration Program. [!' r� May 4, 1982 Eagan City Council Eagan City Hall 3795 Pilot Knob Road Eagan, Minnesota 55122 Re: Lone Oak Heights Development Gentlemen: In the opinion of the Timberline Civic Association, the City Council's recent decision to approve the plat of Midwestern Associates and thereby allow the construction of another apartment/townhouse development in Section 9 borders on the irresponsible. The City's own Comprehensive Plan recognized, as early as 1978, the overcrowding which is taking place in this area. We would remind you that you were presented with a petition signed by approximately 300 homeowners in the neighborhood surrounding the Lone Oak Heights Development requesting that steps be taken to rezone that property to a lower density classification. You, as a City Council, completely ignored that petition. At least, no public hearings were held on it and no City Council vote was taken. With hindsight, it would not appear that the Council would have had the resolve to down -zone anyway. One reading the Eagan Chronicle's account of the hearing where the Lone Oak Heights plat was approved would get the definite impression that all one has to do to push through a plat approval is to threaten the City Council with a lawsuit. Your own City Attorney, Mr. Hauge, provided you with an opinion which would have supported the ability of the City Council to rezone that property without the need for "buying back" the zoning. Just why that opinion was ignored in the face of a threat from Mr. LeVander is most puzzling. Commissioners Smith, Wachtler and Egan apparently felt that the dedication of four acres of land back in 1975 for park purposes entitled Mr. Shields, the landowner, to perpetually have his land zoned RAII and RAV, irrespective of how the remainder of the area developed from 1975 through 1982. In their concern for the deal struck with Mr. Shields in 1975, it is unfortunate that these gentlemen did not recall the commitments that had been made to the residents of the area concerning -9/f 0 0 Eagan City Council Page 2 May 4, 1982 the development of the Pilot Knob Park. We would certainly invite all of the City Council out to view that "park", a euphemistic term for a grass - filled swamp surrounded by an asphalt ring, which, in its present condition, only serves as a mosquito breeding ground. The water level is artificially maintained at its present low condition by means of a storm sewer system which was also installed against the wishes of the neighborhood residents, but at their cost. Because of this unwanted project, Mr. Shields has been able to reclaim a larger area for sale to the developer as building sites, all to the detriment of the neighborhood as a whole. Back in 1975, when the arrangement was made to rezone the Martin Shields property, the plans for the Pilot Knob Park called for the establishment of a water level such that an attractive pond with bridges, a floating platform and walkways would result. If the City Engineer's firm has properly installed the water level control structures, it should be possible to raise the water level to the point where the pond comprises open water rather than an unsightly slough. We request that such an action be taken and that the promised amenities be constructed. It is unfortunate that the City Council does not pay more heed to the wishes of the existing residents, but instead caters to the money interests of the developers who momentarily come upon the scene, plant their high - profit, low-cost, crowded building sites and then move on, leaving the citizens to cope with the blight and other problems that such practices portend. Respectfully submitted, TIMBERLINE CIVIC ASSOCIATION es' ent r� PROTFCTIVf? zs criorS • M)NTRLY RPPORT APRIL, 1982 MSP=ON/OFFICF FOMS Type Units valuation Pewmat Fee Year -Tb -Date Building �� Sin ie Famil Plumbing 101.0 354.0 AVAC 49.5 176.5 Admdnistrative/Office 76.0 785.0 Fire Marshal 87.0 150.0 Miscellaneous 22.0 89.0 General Office 153.0 535.0 Permit Process'F, 108.5 348.5 city Council Meetings 0,0 1.5 NU MER OF PMMTS ISSUED $ 5,859.50 0 Industrial This Month Year -Tb -Date Building 53 159 Plumbing 46 119 74VAC 43 135 Electric 59 188 Water Softener 1 20 [Jell, Cesspool, Septic Tank 0 0 Sighs 7 19 NATURF. OF B=IMG PELl=S ISSM Nkriber Type Units valuation Pewmat Fee Plan check Fee Thtal*� 21 Sin ie Famil 21 $1,178,500.00 $ 6,7.98.50 $3,149.25 $36,182.7.5 6 ]hmlex 6 $ 282,000.00 $ 1,600.50 $ 800.25 $10,012.25 8 1SAti-Rmdly 8 $ 2,98,000.00 S 1,760.00 $ 880.00 $12,744.00 1 Commerical 1 $ 82,000.00 $ . 379.00 $ 189.50 $ 5,859.50 0 Industrial 0 0 0 0 0 0 Institutional 0 0 0 0 0 2 Res. Garage 2 $ 15,800.00 $ 137.00 $ 68.50 $ 213.50 2 Scrim. Pool 2 $ 17,000.00 $ 143.00 $ 71.50 $ 223.00 13 Miscellaneous 13 S 59,495.00 $ 559.00 $ 122.50 $ 713.00 53 TOTALS 53 $1,922,795.00 $10,877.00 $5,281.00 $65,947.50 * Total Fees Include: P.uildinr, Permit Fee, Sur-(h3rge, Plan Check Fee, SAC Lhit Fee, I -titer Connection Fee, Ihter Meter Fee and Road Licit Fee. ED April 15, 1982 TO: City Managers, Administrators, Clerks (Please pass a copy along to your city planner or zoning administrator) FROM: Duke Addicks, Legislative Counsel Cathy Quiggle, Research Assistant RE: Mobile/Manufactured Housing Minnesota Laws 1982, Chapter 490 amending M.S. 462.357, Subd. 1 changes the Municipal Planning Act to prohibit the exclusion of mobile/manufactured homes from cities. (The complete text of the law as amended is enclosed. New language is underlined, old language is stricken.) These new provisions are not effective until August 1, 1982. Until then, any manufactured homes are subject to the zoning ordinance presently in effect in a city. Pursuant to this new legislation, by August 1, 1982, cities may wish to amend their zoning ordinances to establish the following: 1, design standards for dwellings in residential districts such as: minimum width, minimum square footage, siding material, roof lines, type of foundation requirements; 2, residential district(s) in which only dwellings meeting the Uniform Building Code are permitted; 3. residential district(s) in which manufactured homes as defined by M.S. 327.31-327.35 (not required by law to meet the Uniform Building Code) are permitted as well as site built homes which meet the Uniform Building Code, i.e. a mixed district; 4, mobile home park district(s) for those mobile homes unable to meet design standards in residential districts. There is some confusion over whether the establishment of the above mentioned design standards is now the only legal method of regulating the location of manufactured homes within a city. The Michigan Supreme Court held in Robinson Township v. Donald Knoll, 302 NW 2d 146 (Mich, 1981), that a municipality's exclusion of mobile homes (OVER) 87 .,eadr sccear- miinnesccR -J Ir_ _ C j r .eu•...1 .d..� ..rY. ..... •-_....ru r -,.fir., r.... ...�. -1 April 15, 1982 TO: City Managers, Administrators, Clerks (Please pass a copy along to your city planner or zoning administrator) FROM: Duke Addicks, Legislative Counsel Cathy Quiggle, Research Assistant RE: Mobile/Manufactured Housing Minnesota Laws 1982, Chapter 490 amending M.S. 462.357, Subd. 1 changes the Municipal Planning Act to prohibit the exclusion of mobile/manufactured homes from cities. (The complete text of the law as amended is enclosed. New language is underlined, old language is stricken.) These new provisions are not effective until August 1, 1982. Until then, any manufactured homes are subject to the zoning ordinance presently in effect in a city. Pursuant to this new legislation, by August 1, 1982, cities may wish to amend their zoning ordinances to establish the following: 1, design standards for dwellings in residential districts such as: minimum width, minimum square footage, siding material, roof lines, type of foundation requirements; 2, residential district(s) in which only dwellings meeting the Uniform Building Code are permitted; 3. residential district(s) in which manufactured homes as defined by M.S. 327.31-327.35 (not required by law to meet the Uniform Building Code) are permitted as well as site built homes which meet the Uniform Building Code, i.e. a mixed district; 4, mobile home park district(s) for those mobile homes unable to meet design standards in residential districts. There is some confusion over whether the establishment of the above mentioned design standards is now the only legal method of regulating the location of manufactured homes within a city. The Michigan Supreme Court held in Robinson Township v. Donald Knoll, 302 NW 2d 146 (Mich, 1981), that a municipality's exclusion of mobile homes (OVER) 87 .,eadr sccear- miinnesccR -J Ir_ _ n u -2- 1] from all areas not designated as mobile home parks had no reasonable basis under the police power and was therefore unconstitutional. The Court stated, however, that a mobile home could be excluded if it failed to satisfy reasonable standards designed to assure favorable comparisons with permitted site built housing. Thus, regulation by design standards applicable to both site built and manufactured housing seems to be the preferred approach. It can be argued, however, that under the city's authority to regulate by class of building (M.S. 462.357, Subd. 1) it can establish some residential districts which permit manufactured homes and some which do not. The fact that manufactured homes are subject to a different building code than site built homes would seem to be a recognition that they are, in fact, a different class of building. It can also be argued that the intent of the legislature in passing the new law was to prohibit only the total exclusionof manufactured homes from a city. Lira 24 of the bill originally read, "No regulation or single family zoning ordinance may prohibit ... manufactured homes built in conformance with sections 327.31,Subd. 6, or any other single family dwellings that comply with all other zoning ordinances promulgated pursuant to this section." It would seem that if the legislature intended to prohibit the exclusion of manufactured homes from all single family districts it would have passed the bill as originally written instead of passing the amended version which deleted the phrase "single family zoning ordinance". Therefore, if the city were to establish some district permitting manufactured homes within the city, it would seem to be in compliance with the intent of the law. Again these changes in the Municipal Planning Act do not become effective until August 1, 1982. Because the application of the law is unclear we will pass along further information as it becomes available. If you have further questions please call Cathy Quiggle at the League office. Through April 23rd our phone number will be (612) 222-2861; thereafter, it will be (612) 227-5600. DA: CQ:rmm Attach. 0 Sec. 2. Minnesota Statutes 1980, Section 462.357, Subdivision 1, is amended to read: Subdivision 1. (AUTHORITY FOR ZONING.) For the purpose of promoting the public health, safety, morals and general welfare, a municipality may by ordinance regulate the location, height, width, bulk, type of foundation, number of stories, size of buildings and other structures, the percentage of lot which may be occupied, the size of yards and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, conservation of shorelands, as defined in section 105.485, access to direct sunlight for solar energy systems as defined in section 116H.02, flood control or other purposes, and may establish standards and procedures regulating such uses. No regulation may prohibit earth sheltered construction as defined in section 116H.02, subdivision 3, or manufactured homes built in conformance with sections 327.31 to 327.35 that eempies comply with all other zoning ordinances promulgated pursuan to t- iii s section. The regu ations may divide the municipality into districts or zones of suitable numbers, shape and area. The regulations shall be uniform for each class or kind of buildings, structures or land and for each class or kind of use throughout such district, but the regulations in one district may differ from those in other districts. The ordinance embodying these -regulations shall be known as the zoning ordinance and shall consist of text and maps. A city may by ordinance extend the application of its zoning regulations to unincorporated territory located within two miles of its limits in any direction, but not in a county or town which has adopted zoning regulations; provided that where two or more noncontiguous municipali- ties have boundaries less than four miles apart, each is authorized to control the zoning of land on its side of a line equidistant between the two noncontiguous muni- cipalities unless a town or county in the affected area has adopted zoning regulations. Any city may thereafter enforce such regulations in the area to the same extent as if such property were situated within its corporate limits, until the county or town board adopts a comprehensive zoning regulation which includes the area. /rmm 4/15/82 m 0 0 40 association of metropolitan municipalities NOTICE OF ANNUAL MEETING DATE: Wednesday, May 26, 1982 PLACE: Sheraton Inn - Northwest I-94 & Hwy. 52 Brooklyn Park, Minnesota 5:30 to 6:30 P.M. 6:30 to 7:30 P.M. 7:30 P.M. Social Hour Buffet Dinner Annual Business Meeting (sponsored by '.!filler Entree: & Schroeder Munici- Roast Round of Beef pals, Inc.) and Baked Turkey COST: $15.00 per person BUSINESS 11EETING AGENDA 1. Call to Order - James Krautkremer, President 2. Introduction of Guests and Retiring Board Members. 3. Keynote address: Representative John Brandl, Chairman of the Legislative Commission on Metropolitan Governance. "What are we learning from the study of Metropolitan Governance". 4. Annual Report: President James Krau.tkr.emer. 5. Election of Officers and Directors - Dick Asleson, Nominating Committee Chairperson (Committee report enclosed). 6. Comments: President Elect 7. Announcements. 8. Other Business. 9. Adjournment. PLEASE NOTE: A. Each City should send at least one delegate to cast its vote. Cities are encouraged, however, to send as many additional representatives as possible. Spouses and guests welcome. B. Dinner reservations must be confirmed to Carol Williams at the AMM office (227-5600) by noon on Monday, May 24th. C. This notice is being sent to Mayors, Del-egates and City Administratil Officials. 300 hanover bldg. 480 cedar street, st. paul, minnesota 55101 (612) 222-2861 1] May 5, 1.982 TO: Member City Officials 0 FROM: Dick Asleson, Chairperson, Nominating Committee RE: Nominating Committee Report Pursuant to Article IX, Section 3 of the By -Laws, a Nominating Committee was appointed by the AMM Board of Directors on March 4, 1982. The Committee has completed its work and has nominated the below listed persons for consideration at the Annual sleeting on May 26th. For President: Plary Anderson, Councilmember, Golden Valley For Vice -President: Jack Irving, Manager, Crystal For Board of Directors: Two -Year Terms (8 to be elected): Ron Backes, Councilmember, St. Louis Park Bill Barnhart, Senior Planner, Minneapolis Jerry Dulger, Manager, Anoka Laura Fraser, Councilmember, Lal.e Elmo Jim Miller, Manager, Minnetonka Jackie Slater, Alderman, Minneapolis James Spore, Manager, Burnsville Bob Sundland, Mayor, St. Anthony One -Year Terms (2 to be elected): Gary Bastian, Councilmember, Maplewood Neil Peterson, Councilmember, Bloomington * Additional candidates may be nominated by any voting delegate from the floor at the Annual fleeting. (over) 0 0 ?Member City Officials May 5, 1952 Page 2 Board members whose terms expire ;.fay, 198 Greg Blees, Budget Director, St. Paul Bea Blomquist, Mayor, Fagan Bill Sandberg, Mayor, North St. Paul Dennis Schneider, Councilmember, Fridley Joanne Showalter, Councilmember; St. Paul Bob Thistle, Manager, Coon Rapids .1c..bers of the ..'Omi aL 7.n— CoIIH^Lt?: ce Dick Asleson, Administrator, Apple Valley Tim Flaherty, Legislature Liaison, Minneapolis Jack Irving, Manager, Crystal Don Masterson, Mayor, Spring Lake Park Carl Meissner, Administrator, Cottage Grove Connie Morrison, Councilmember, Burnsville Bill Sandberg, :Mayor, North St. Paul Tom Spies, Councilmember, Bloomington 9� BANCO MORTGE COMPAN 794 Pillsbury Build Y Program Administ Department 608 2nd Avenue South Minneapolis. MN 55402 612/343-3741 May 6, 1982 Mr. James Ehrenberg First Trust Company of St. Paul 332 Minnesota Street St. Paul, MN 55101 RE: Eagan BMIR Program Dear Mr. Ehrenberg: Attached is the monthly transaction report for the period ending April 30, 1982. If you should have any further questions regarding this report, please do not hesitate to call. BANCO MORTGAGE COMPANY ADMINISTRATOR-SERVICER/CITY OF EAGAN i J Karen Hengel Bookkeeper Enc. CC: Tom Hedges / City of Eagan Paul Ekholm / Miller 6 Schroeder cf.-� 9 DATE: May 6, • CITY OF E7CAN : 41' Statistical Data-- Amount of Program $16,940,000 Total Amount of Pre-:amtitted Loans $ 16,907,275 Percentage of Loans Pre-Cortmitted 99 % Low Income Basic Income Total Number of Loans 155 141 Average Mortgage Amount $ 53,011 $ 61,635 Average Sale Price 59,423 67,030 Average Appraisal Value 59,890 68,105 Average Adjusted Gross Incane 20,274 25,047 Average Gross Income 21,581 26,742 Type of Iran: Insured Conventional 7 21 Uninsured Conventional g 7 FFA 47 69 VA 28 39 Graduated Pledge 65 5 Average Iran to Value Ratio: Insured Conventional 88% Uninsured Conventional 90% 71% 74% Number of New Construction Loans 120 106 Number of Existing Loans 35 35 Type of Dwelling: Single Family 80 Townhouse 22 97 Condominium 53 28 16 Mobile Hanes 0 0 Average Previous Residents 17% 23% Number of Renters 111 100 Number of Owners Average Age 44 41 Sex: '10 Male 29.6 Female 106 131 49 10 Average Fatmily Size 1.8 2.4 Average Number of Children .4-�-- . Marital Status: Married 68 Single 96 Joint 78 25 Divorced 5 14 FUNDING: -„ 4 6 Dollar, Amount of Loans Funded $ 16,903,100 NCffber OL loans 296 : 41' DATE: May 6, 1982 CITY OF EAGAN $16,940,000 --Amount of Program Dollar Amount of Funds Remaining $ 32,725 PLEASE NOTE: This amount can be utilized in any of the following categories: Single Family, Townhouse, Condo, Mobile Home; Low or Basic Incomes; or any Conventional Loans, including Conventional 95%. This does,not include the Graduated Pledge Account. At this time, there are no Graduated Pledqe Funds available. Total Pre -Commitment Amount $ 16,907,275 Total Reserved (Yet to be Pre-Comnitted) $ -0- $ 16,940,000 9S F nO0�p1NESpTq 20 Minnesota Department of Transportation Transportation Building TRPay¢0 St. Paul, Minnesota 55155 ��1rOF office of Commissioner May 6, 1982 Honorable Beatta Bloomquist Mayor of Eagan 4504 Oak Chase Road Eagan, Minnesota 55122 Dear Mayor Bloomquist: • (612) 2963000 Enclosed for your information are guidelines for the implementation of the Metropolitan Transit Service Demonstration Program established by the 1981 Legislature. This program, commonly referred to as the "Opt Out" program, provides for local communities in certain circumstances to qualify for transit funds equivalent to 90% of the property tax levied by the Metropolitan Transit Commission in the community. Please contact Mn/DOT staff if you are interested in the program. Sincerely, Richard P. Braun Commissioner Enclosure cc: Lou Olson, M.T.C. in An Equal Opportunity Employer METROPOLITAN TRANSIT SERVICE DEMONSTRATION PROGRAM IMPLEMENTATION GUIDELINES �r�rtrsESprq yt ` i D -A43 or April 198? 97 • INTRODUCTION • The enclosed guidelines have been drafted to facilitate implementation of the Metropolitan Transit Service Demonstration Program, more commonly known as the "Opt Out" Program. This program was established by the 1981 Legislature in order to "provide financial assistance for projects designed to test the efficiency and effectiveness of alternative methods of providing public transit service for communities that are within the metropolitan transit taxing district but are not adequately served by existing regular route transit." In effect, this legislation authorizes the Commissioner of Transportation to contract with a city or group of cities that proposes to replace MTC transit service with an alternative. The contract would be funded by withholding state funds appropriated for the MTC. The withheld amount would be up to or equal to 90% of the local property taxes levied by the MTC in the "opt out" community. In order to receive those funds, an application must be submitted to and approved by the Commissioner. Approvals will be subject to conformance with the guidelines outlined below. The guidelines focus on three parts: 1. Eligibility Criteria: These criteria must be met by a community before an application can be considered by the Commissioner of Transportation. The criteria are based on a liberal interpretation of legislation so as to permit consideration of_as many proposals as possible. 2. Replacement Service: Service criteria must be met before the Commissioner can approve an application. These criteria, based on legislation, are intended to ensure that all relevant service cost, efficiency and effectiveness factors are compared. Failure to fully evaluate the proposed service may result in "surprises" for the local. officials and possible lower service quality for users. 3. Application Processing: This part described what will happen to applications submitted to the Commissioner. This process is established by existing legislation that permits little discretion. All applications will be considered in an expeditious manner. Questions regarding these guidelines should be addressed to: Robert J. Menke, Manager Transit Planning Unit 820 Transportation building St. Paul, Minnesota 55155 612-297-2069 Gt I. Eligibility Criteria: These criteria shall be used to determine if a city or group of cities are eligible to receive financial assistance and if the proposed service meets the program purpose. A. Recipient Eligibility: The recipient city or group of cities shall: 1) Be located within the metropolitan transit taxing district per M.S. 473.446, subd. 2, and 2) (a) Not be served by the MTC. (This will include those communities served by private operators who are not funded by the MTC.), or (b) Be served only with routes which end or being within the recipient area, and 3) Receive three or fewer weekday scheduled runs during the hours of 9:00 am to 3:00 pm. (Scheduled runs are defined as round trip opportunities into or out of a recipient's area.) Eligibility determinations will include consideration of pending MTC service reductions. If an applicant requests funding on the grounds that the applicant -'s area is "not adequately served" by routes meeting criteria 2(b) and 3, the request will be considered and evaluated by Mn/DOT on the following criteria (based on MCAR 1.4026, 1.4027 and 1.4028): 4) The extent that routes penetrate the applicant's developed area, 5) The extent that residents have convenient access to existing service,. 6) The extent that scheduled service meets the desired time for service usage. B. Service Eligibility: The service proposed for funding shall: 1) Be designed to replace and substitute for existing MTC service. (Replacement will be defined so that similar origin/desti.nation travel opportunities must be provided. Alterations in vehicle types and service frequency will be considered.) 2) Require a subsidy per pas!alnnger no greater than the average subsidy per passenger pec route and the average subsidy per passenger per trip set by the MTC as its standard in its current transportation development program. WWI II. Application Requirements: The application for funding for replacement service must evidence a thorough 'management plan per 14 MCAR 1.4028. Actual operating data should be obtained from the MTC where possible. Specific items that should be included are: A. Existing Service Analysis 1) Current routes and ridership 2) Current schedules 3) Current fares B. Proposed Service Description 1) Anticipated routes and ridership 2) Proposed schedules 3) Proposed fares 4) Coordination with other public and/or private service C. Financial Analysis 1) Existing service cost and subsidy 2) Proposed service cost and subsidy 3) Total available local transit funds 4) Percent of local funds to be used 5) Amount of state funds requested D. Service Objectives 1) Clientele to be served 2) Performance standards to be met 3) Community objectives to be served E. Program Commitment 1) Resolution(s) from applicant governing bodies that indicate intent to operate the replacement service for a minimum of one year. 2) Statement describing the. opportunities for public input to the service plan. 3) Statements of support groups (e.g., Chamber Citizens, etc.). /00 from appropriate community Of Commerce, Senior ,• .. .So .. M•b.AveeilL aar�,Nq A�.Y,Yh'/ III. Application Approval Process: Applications for funding will be processed in accordance with review and approval requirements stated below. Upon receipt, Mn/DOT will submit copies to the MTC for review and comment and to the Metropolitan Council for review and concurrance per statutory requirements (14 MCAR 1.4025, Sec. C). A. MTC Review - The MTC will review and comment on: 1) Accuracy of the existing service description 2) Anticipated impact on the MTC system 3) Current subsidy analysis B. Metropolitan Council Review - The Met Council will review and approve based on: 1) Consistency with metropolitan system plans 2) Consistency with metropolitan system policies C. Mn/DOT Review/Approval - The Mn/DOT will complete its review and render its decision within 45 days of receipt- of the proposal. Approved replacement services will be funded for the balance of the initial calendar year. Subsequent years' service will be funded on a calendar year basis in accordance with budget cycle deadlines used for all recipients of state funds. In approving the replacement service, adequate provisions for phase out of existing service will be required. Requests for additional services requiring state funds to be matched with available local funds not used for replacement service, or matched with other local funds, will be approved only on a calendar year basis in accordance with budget cycle timetables. Request approval will be subject to availability of program funds. IV. Termination of Replacement Service-_: In the event that a community chose to discontinue its replacement service, assistance funds will revert to the MTC. Where applicable, resumption of MTC service will be managed sc as to ensure minimum disruption of service availability. /Q ,..AGENDA EAGAN CITY COUNCIL EAGAN, MINNESOTA REGULAR MEETING CITY HALL MAY 18, 1982 6:30 P.M. SPECIAL NOTE: Due to a school board election in Independent School District #196 on May 18, 1982, no formal business can be transacted until after 8:00 p.m. Therefore, the City Council will use the period of 6:30-8:00 p.m. as a workshop session. The public hearing section of the agenda will begin at 8:00 p.m. with all other formal items to follow. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES - III. DEPARTMENT HEAD BUSINESS Q. A. Fire Department e' C. Park Department B. Police Department D. Public Works Department QQ' IV. CONSENT ITEMS (One motion approves all items) A. 911 Emergency Telephone Grant Agreement C,11 B. Temporary 3.2 Beer License — Dale Goergen 1\ C. Temporary 3.2 Beer License — Arnold Doering Q 11 D. Contract 82.2, Change Order #1 (Briar Hill 4th Addition) e.l2 E. Project 356, Present Feasibility Report/ Order Public Hearing (Comserv) P%I -F. Excavation Permit — Oakwood Hts. Condominiums (Countryside Builders, Inc. P,►1 G. Contract 80-21, Change Order #1, Blackhawk Lake Trunk Storm Sewer Outlet V. 8:00 — PUBLIC HEARINGS Q•13 A. Project #264A, Reassessment Hearing, Twin View Manor Utilities e,lg B. Project #274, Reassessment Hearing, Silver Bell Raod Area Streets & Utilities C. Project #264B, Assessment Hearing, Twin View Manor Streets e VD. Project #284B, Assessment Hearing, Windtree Addition Streets e 23 E. Project #293B, Assessment Hearing, Windcrest Addition Streets Q ZSF. Project #308B, Assessment Hearing, Duckweed Trail Streets e 13G. Diamond Lake, Inc., for Industrial Revenue Bond Financing in the Q Amount of $750,000 VI. OLD BUSINESS VI1. NEW BUSINESS �ltt, A. Gerald & Shirley Smith for a 10' Variance from a Front Yard Setback Located at 4367 Onyx Dr., Lot 22, Block 3 Cedar Grove 4 p 40� B. McDonald's Corporation for a Variance to Exceed the Allowable ` Height for a Pylon Sign Located on Lot 1, Block 1, Mari Acres (�O C. Roger Kreidberg of Scheutt Investment Co. for Preliminary Plat B Approval, Berry Ridge Addition, Consisting of Approximately 3.65 Acres, Located on Lot 11, Block 3, Hilltop Estates Q%S D. Pilot Knob Shopping Center, IRB Financing/Request for Extension 'f? E. Lone Oak Heights for Temporary Sales Office Q 0 Eagan City Council Agenda May 18, 1982 Page Two 6 VIII. ADDITIONAL ITEMS Q1 A. Contract 82-4 (Twin View Manor 2nd Addition, et al, Streets) Receive Bids/Award Contract Q 0 B. 1982 Health Insurance Bids C. Joint Burnsville/Eagan Cable Commission Update IX. VISITORS TO BE HEARD (For those persons not on the agenda) X. ADJOURNMENT i 0 MEMO TO: HONORABLE MAYOR & CITY COLNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 14, 1982 SUBJECT: AGENDA INFORMATION After approval of the April 20 and May 4 regular City Council minutes and the May 18, 1982 City Council agenda, the following items are in order for consideration: (Special Note: The page or pa'g'es to be corrected by the City Attorney regarding the April 20, 1982 regular City Council minutes are enclosed on page FIRE DEPARTMENT A. Fire Department -- There are no items the Fire Department at this time. POLICE DEPARTMENT to be considered for B. Police Department -- There are no items to be considered for the Police Department at this time. PARK DEPARTMENT C. Park Department -- There are no items to be considered at this time for the Park Department. PUBLIC WORKS DEPARTMENT D. Public Works Department -- Item #1: Request of Ann Pietsch Mrs. Pietsch's request to the City Council was a sc e u ed agencTa item under Public Works Department at the May 4, 1982 regular City Council meeting. In the absence of Mr. or Mrs. Pietsch, this item was continued until the May 18 meeting. Mrs. Pietsch has informed me that they are planning to be present. For your information, Mr. and Mrs. Pietsch were granted a deferment by the City Council for certain assessments against their property located on Dodd Road. The property is recorded in the names of both Mr. and Mrs. Pietsch and therefore the agreement of record between the City of Eagan requires both Mr. and Mrs. Pietsch's signatures. Mrs. Pietsch has requested special consideration by the City to waive the signature of her husband which would allow her to proceed with the assessment deferment. If the assessment deferment agreement is not exercised, the assessments will be levied with the property taxes this year. The City staff, including both the City Adminis- trator and City Attorney, has explained to Mrs. Pietsch that the City staff cannot waive this right of signature. Due to the Pietsch situation, there are too many uncertainties providing risk to the Agenda Information Memo May 14, 1982 Page Two City. Mrs. Pietsch was advised that she consult legal counsel in an effort to work out this problem on a personal level. Mrs. Pietsch has asked to appear before the City Council and therefore was scheduled as a part of department head business. Her letter was difficult to reproduce and therefore a copy has been typed and is enclosed on page __!$ for your reference. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny waiving Mr. Pietsch's signature on the deferment agreement between the City of Eagan and Mr. and Mrs. Pietsch. Council Minutes • May 4, 1982 • PHH LEXINGTON PLACE PRELIMINARY PLAT CITY COUNCIL MEETING OF APRIL 209 1982 After the motion made by Smith and seconded by Wachter to approve the application with 4 conditions, on page 6 of the Minutes of the April 20, 1982 meeting, the Minutes should be worded as follows: "Mayor Blomquist recom- mended a limit of 12 studio units and submitted a proposed Resolution in the form of an amendment for consideration by the Council regarding approval of the application which was rejected. Those in favor of the motion were Wachter and Smith; those against were Blomquist, Thomas and Egan. The motion failed. There was considerable discussion concerning the number of studio units that should be allowed. Mayor Blomquist then submitted the following Resolution: WHEREAS, U. S. Homes, Inc., has applied for preliminary plat approval for a 672 -unit condominium complex consisting of 28 buildings with 168 studio units, and WHEREAS, the City of Eagan's Comprehensive Guide Plan provides for goals and objectives in housing; and, WHEREAS, Table 12 p. VIII -27 provides for a goal of 50 modest cost dwelling units within Section 14 of the City where this development is pro- posed; and WHEREAS, it is the policy of the City to distribute modest cost housing in a reasonable manner about the City; and WHEREAS, a reasonable upgrading of Table 13 P. VIII -30 for inflation since 1978 would result in the studio units being classified as modest cost housing; NOW THEREFORE, upon motion by Blomquist, seconded Eagan, it was Resolved as follows: 1. That the preliminary plat application of U. S. Homes be approved subject to the following conditions: a. That no more than 50 studio units 'as described in the applica- tion be allowed so that additional modest cost housing may be allowed in Section 14 within the goals of the Eagan Compre- hensive Guide. b. etc. 12 3 _ G-�; � , `J`� �f�•.F<Cver� r � �L�.. �e��c-aG . JF'/'L'>..;' .c_ s��:.sr�-.< .—. -� �z%c- G[ct-or�ia�s,clu _�-i' /r.� y.,�.rc:�. G�� xe.� °• .�,� - \, ... .�UZC.cC. �/C 1�2 .!%/L(-e'..=L� /T%FLrL iCLn.•c. �;C/C/ Z1r .+�.0 zz 2-- 4 / _.. ---- - ��Z � G,.h�..�•c%� kip ��„ �` �Crnc.� /�,� / 7�� A .-- li.�.��� -_._---_-��.. -.� �, �.lo,� Gee �� 0�4�.•� �� .6�,�._---- "To the Honorable Mayor,�`� "My name is Ann Pietsch. I live at 4275 Dodd Road, Eagan. My hus- band and I are separated. I've got.a deferment for the acessments but my husband will not sign. I make the payments. Therefore just for this year until I know more what will happen with this house, I would very much like for you to consider just one signature on deferment papers. I can not afford $100.00 per month to be attached to this payment. Also with the past record of payment on this mortgage the mortgage company will not go along with late payments. I have struggled all my life and I don't need a for - closure of this house because of acessments which we did not want here. We had to be one of the mis-fortunate people who have to pay interest yet on this money due for acessments which we can not come up with -- which is over $9,000.00. Is a lot of money. I contacted city attorney for help they said I should write the Council. I want to appear before the Council if necessary. I am very concerned about this matter. I need a home to live in. I can not afford to loose it because of acessments due. Mrs. Ann Pietsch 4275 Dodd Road Eagan, Minn." • 0 Agenda Information Memo May 14, 1982 Page Three Item #2: Project 257, Public Works Committee Meetin (Pat McCarth aim or ama es -- a Pu is or s ommittee met on Tuesday, ay at :30 p.m. on forty acres of land owned by Mr. McCarthy located at the southwest corner of Deerwood Drive and Pilot Knob Road to review his claim for damages resulting from the restoration performed for the above referenced project which pro- vided for the installation of a trunk storm sewer outlet from Thomas Lake to Blackhawk Lake. Copies of the background information per- taining to this Public Works Committee Agenda was forwarded to all City Council members previously. Committee chairman Ted Wachter, committee member Jerry Thomas, and Public Works Director Tom Colbert met with Mr. McCarthy to walk the specific property in question. While the soil sample analysis performed by Twin City Testing, Inc., indicated no significant difference the soil located in the construction zone as compared to the undisturbed soil elsewhere on his property, the visual inspection by the Public Works Committee did notice that there were areas where erosion had occurred, washing away what minimal topsoil there was and exposing rocks and boulders in certain areas. The field inspection verified Mr. McCarthy's contention of his attempt to till this field for planting. However, he contended that due to the type of soil provided in the restora- tion it was not condusive to proper tillage nor an ability to sup- port crop growth. While the contractor made every attempt to sal- vage and replace whatever exising topsoil there was along this alignment, it should be noted that this is the second time that a major utility construction took place along this alignment. The original construction was to install the trunk sanitary sewer line that was installed in 1972. Consequently, after two con- struction projects, what limited topsoil originally existed could have slowly diminished and been lost in construction. It was noted that the quality of the soil was not highly rated to begin with or in the adjacent undisturbed areas. However, Mr. McCarthy still contends that he is unable to make use of this field. Subsequently, he is demanding that the City replace a foot of topsoil over the 3.72 acres of disturbed land to enable him to continue his farm operations. To replace this amount of topsoil over the disturbed area would take approximately 6,000 c.y. at an estimated cost of $22,500. Agenda Information Memo May 14, 1982 Page Four Public Works Committee Recommendations Because of the excessive costs associated with replacing new topsoil over the disturbed area which would result in a quality of land better than what originally existed, .it was the committee's recom- mendation that the City consider "renting" this construction area from Mr. McCarthy for the negotiated $100 per acre figure as agreed to by Mr. McCarthy. Mr. McCarthy indicates his intention to con- tinue farming this field for fifteen years which would result in a cost to the City of $6,000 over the fifteen year period. However, it was the committee's recommendation that the rate of $100 per acre be approved resulting in an annual payment of approximately $372 to be paid to Mr. McCarthy on an annual basis for each year he is unable to make use of this property for farming purposes. Mr. McCarthy's request for Council consideration is for the replace- ment of topsoil. However, he has given an indication of his wil- lingness to accept the "rental" alternative as suggested by the committee. The Public Works Committee will be available to discuss this item in further detail with the full Council on May 18 to obtain a final resolution to this question. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny Mr. McCarthy's claim for damages and establish an acceptable alternative if City liability is determined. R 0 0 Agenda Information Memo May 14, 1982 Page Five i CONSENTI 'ITEMS! There are a total of seven (7) 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. 911 EMERGENCY TELEPHONE GRANT A. 911 Emergency Telephone Grant Agreement -- The City has received a revised agreement from Dakota County regarding the 911 emergency telephone service agreement. In a letter from Joseph Schur, Director of Planning & Human Services for Dakota County, he stated that apparently the grant agreement amount as prepared by the Mcto- politan Council staff was in error. The correct amount of the grant to the City is $20,799 and not $22,367 as originally indi- cated. The original amount in the April 12, 1982 letter from Dakota County included some network installation costs. These network installation costs will still be paid by the County, but the direct grant to the City must be changed to reflect the installation cost of 911. Therefore, enclosed on pages $ through _/6- is a copy of the letter from Dakota County Including a copy of tTie re- vised grant agreement. ACTION TO BE CONSIDERED ON THIS MATTER: To terminate the previous grant agreement as executed at the May 4, 1982 City Council meeting and approve the revised grant agreement as stated. �I'Xax'.41 ' v,LT1yf7 .IEFFRFY I. CONNELI. UrQctor O1 Plannma PLANNING SERVICES Phv31e31 Develom"Oril DAKOTA COUNTY GOVERNMENT CENTER 1560 HWv 55 - HASTINGS. MINNESOTA 55033 16121 43).0225 May 4, 1982 Thomas L. Hedges, Administrator City of Eagan 3795 Pilot Knob Rd. Eagan, MN 55122 Dear Tom: JOSEPH P iCHUR Director a! Plannmy Hkiman Services In reviewing the 911 Emergency Telephone Service Grant Agreement amounts with Metro Council staff, an error was discovered. The letter dated April 12, 1982, and the contract attached to that letter, included a grant amount of $22,367 for the installation of 911 in your City. In talking to Metro Council staff, it was determined that the correct amount for your City is $20,799. The original amount in the April 12, 1982 letter included some network installation costs. These network installation costs will still be paid by the County, but the direct grant to the City must be changed to reflect the installation cost of 911 at your PSAP only. Please find attached, a revised grant agreement which reflects the change described above. I regret any inconvenience this error may have caused. If you require . further explanation or have any other questions, please do not hesitate to call upon me. JPS:vk Enclosure r— r6 COMMISSIONERS— Sincerely, Joseph P. Schur Director of Planning, Human Services IST DISTRICT 2Ho DISTRICT 3RD DISTRICT 4TH DISTRICT STH DISTRICT JOSEPH A. HARRIS GERALD E. HOLLENKAMP JOHN S. VOSS GENE ATKINS RUSSELL STREEFLAND HASTINGS SOUTH ST. PAUL BURNSVILLE INVER GROVE HEIGHTS BURNSVILLE 0 GRANT AGREEMENT WHEREAS, the Dakota County Board of Commissioners, • hereinafter the Board, and the City of Eagan , hereinafter the City, are desirous of establishing 911 Emergency Telephone Service within the municipality, and WHEREAS, the Board by Resolution 81-718, adopted December 22, 1981, has authorized the grant of $ 20,799 to the City to reimburse the City for the expense of establishing a Public Safety Answering Point, hereinafter PSAP, within the 911 system, and WHEREAS, the City is willing to establish, maintain, and operate the PSAP within the City. .. NOW, THEREFORE, the Board and the City do mutually agree as follows: 1. The Board will reimburse the City $ 20,799 for the expense of establishing the PSAP to be operated within the City, such reimbursement to be made in January, 1983. - - 2. The City will establish, maintain and operate the .- PSAP for the City within the countywide 911 system. '.. -. 3. The city will assume the expense of purchasing the power supply unit for the operation of its PSAP and will so pur- chase the unit. - 4. The Board shall be entitled to receipt of the 208 71 reimbursement from the U.S. Department of Transportation for installation of the 911 system. 5. The City will hold harmless and defend the Board 3;z?.r;<;"s.:,;;:..i<s�,;-;:y;;:.:_•:;i and Dakota County from any claims arising through the establishment, installation, operation, or maintenance of the PSAP - 911 system within the City. 6. The City agrees to comply with all laws and regulations, g lations, both federal and state, relating to the expenditure " - of these funds, including but not limited to those laws prohibiting discrimination on the basis of race, religion, national origin, sex, or handicap. Q Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed. Approved as to form: Assistant County P torney/Date Approved as to execution: Assistant County Attorney/Date Approved by Dakota County Board Resolution No. 81-718. This instrument drafted by: DMF Dakota County Attorney's Office Dakota County Government Center Hastings, Minnesota 55033 Telephone: (612) 437-0438 COUNTY OF DAKOTA By Gene Atkins, Chairman Hoard of Commissioners Date of Signature Attest Carl D. Onischuk, Auditor Date of Signature CITY OF By Title Date of Signature Attest Title Date of S gnature C-82-14 Page 2 of 2 0 0 Agenda Information Memo May 14, 1982 Page Six TEMP. 3.2 BEER PERMIT - DALE GOERGEN B. Temporary 3.2 Beer Permit for Dale Goergen -- An application for a non -intoxicating malt liquor license was applied for by Mr. Dale Goergen residing in Apple Valley, Mn. The purpose of the special temporary 3.2 beer license is for use at a softball tourna- ment scheduled on July 24 and 25 at the Univac fields. The applica- tion has been reviewed by the Eagan Police Department and has been found acceptable for consideration. Therefore, the license appli- cation is in order for City Council review and consideration. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the 3.2 beer license submitted by Mr. Dale Goergen. TEMP. 3.2 BEER PERMIT - ARNOLD DOERING C. Temporary 3.2 Beer Permit for Arnold Doering -- An application for a non -intoxicating malt liquor license was applied for by Mr. Arnold Doering residing in Eagan, Mn. The purpose of the special temporary 3.2 beer license is for use at a softball tournament scheduled on June 19 and 20 at the Univac fields. The application has been reviewed by the Eagan Police Department and has been found acceptable for consideration. Therefore, the license application is in order for City Council review and consideration. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the 3.2 beer license submitted by Mr. Arnold Doering. CONTRACT 82-2 D. Contract 82-2, Change Order #1 (Briar Hill 4th Addition) -- Upon the initiation of the contract to install utilities in the Briar Hill 4th Addition, it was discovered that the developer did not complete his grading to the required elevations in accordance with his approved grading plan. Subsequently, the City's contractor has to incur additional cost to perform this work. The City has received a written letter of concurrence from the developer agreeing to the acceptance of this additional cost as his responsibility and waiving the right to objections associated with this increased cost. The estimated cost for this additional grading is $2,080. ACTION TO BE CONSIDERED ON THIS MATTER: To approve Change Order #1 for Contract 82-2 for an additional $2,080. Agenda Information Memo May 14, 1982 Page Seven PROJECT.356 E. Project 356, Present Feasibility Report/Order Public Hearing (Comsery No. 1 Streets & Utilities) -- On March 16, the City Council received a petition from the developer and ordered the preparation of a feasibility report. The report has now been completed and is being presented to the Council for their information. ACTION TO BE CONSIDERED ON THIS MATTER: To receive the feasibility report for Project 356 (Comsery No. 1) and order the public hearing to be held June 15, 1982. EXCAVATING PERMIT - OAKWOOD HTS. F. Excavation Permit, Oakwood Heights Condominiums (Countryside Builders, Inc.) -- The City has received an application for a grading/excavating permit for the Oakwood Heights Condominium pro- ject, located on the north side of Wilderness Run Road east of the Wedgewood Addition. The preliminary plat for this proposed development was approved by the City Council on May 4, 1982. The grading, drainage and erosion control plan has been reviewed and approved by the staff. The insurance certificate and performance bond are anticipated to be in order by the May 18 Council meeting. All fees associated with this application have been paid. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the excavation permit for Oakwood Heights Condominiums to Countryside Builders, Inc. CONTRACT 80-21 G. Contract 80-21, Change Order #1, Blackhawk Lake Trunk Storm Sewer Outlet -- During the predesign final investigation in the vicinity of the overdepth tunneling construction, soil samples indicated a general sandy type soil in this vicinity. However, during the construction of the tunneling operations, the mechanical advancement of the storm sewer was halted by large rock and boulder obstructions. Subsequently, the contractor had to switch the means of his operation from mechanical advancement to hand tunneling. After several meetings and review of this force account work, it was determined that the contractor was entitled to an additional $11,533.41 for this unanticipated costly work. The staff recom- mends acceptance of this change order providing for this additional payment. ACTION TO BE CONSIDERED ON THIS MATTER: To approve Change Order #1 to Contract 80-21 in the amount of an additional $11,533.41. 0 0 Agenda Information Memo May 14, 1982 Page Eight PUBLIC HEAR'ING'S PROJECT #264A A. Project #264A, Reassessment Hearing, Twin View Manor 1st Addi- tion (Utilities) -- On March 16, 1982, in compliance with a court ordered directive resulting from an assessment appeal for these utilities, the City Council vacated the assessments as established at the public hearing on September 15, 1981 and ordered a reassess- ment hearing to be scheduled for May 18, 1982. This was necessi- tated by the fact that the City did not follow proper assessment procedures in determining benefit to the property before levying the assessments. Subsequently, this reassessment hearing will allow the City to follow the proper procedure. In order to perform this market analysis in determining benefit, it will be necessary for the City Council to continue the final reassessment hearing for any objecting property owner and order a property appraisal to be performed. Therefore, in anticipation of the additional costs expected with this market analysis requirement, the per lot assessment for the twelve (12) appellants had to be increased by $500 to cover this future financial obligation by the City which is a cost directly related to this improvement. Subsequently, the new per lot assessment is $6,514.85 as compared to the September 15, 1981 final assessment of $6,014.85. The basis for the appellants' objections and subsequent appeals is based on the amount of interest that was levied at the final assessment hearing. The appellants felt that they were guaranteed an 8% rate of interest at the time of the public hearing which was held on March 18, 1980. Because the assessment rate is depen- dent upon the rate of interest associated with bonds sold to finance the particular project which occurs after the public hearing, the City does not have the knowledge or the ability to guarantee an assessment rate. Subsequently, the amount of interest levied for this particular project was 11.0%. For the Council's information, the following history of bond sales and their related percentages for the past three years is presented to show how the economy has had a significant impact on interest rates: ASSESSMENT DATE AMOUNT BOND INTEREST INTEREST 11-1-78 $1,915,000 5.64% 8.0% 6-1-79 6,385,000 5.61% 8.0% 12-1-79 1,825,000 6.75% 8.0% 7-1-80 3,060,000 6.28% 8.0% 12-1-80 3,650,000 9.27% 11.0% 8-1-81 4,530,000 10.70% 12.5% 12-1-81 2,875,000 10.61% 12.5% 13 Agenda Information Memo May 14, 1982 Page Nine This particular project was included under the bond sale dated 12-1-80 due to the bids for this project being received in September of 1980. As the Council may be aware, with this controversial project, there were several irrate residents in this subdivision who have had and continue to have complaints pertaining to this project. The staff has continued to work with these property owners to try to resolve their concerns,. However, it is expected that several of these complaints will still be brought forth at this reassessment hearing. The City Attorney and Public Works Director will be able to discuss with the Council questions pertaining to this project and its subsequent reassessment. Enclosed on page 16 is a copy of the letter that was forwarded to the twelve (127 appellants explaining to them the City's proce- dure in this matter. The following :table is a listing of the appellant property owners and some 'information pertaining to their interest in this project. Proiect 264A Reassessment Heari 1+ Petition Connected to Appellant For�gainst Sewer or Water Wesley Berg X Yes Arthur Coestner X No A. Nelson X Yes Tony & Elinor Villelli X No Norm & Judith Mundahl X No Terry & Virginia Lambert X No Jim & Helen McDevitt X Yes Gordon & Loraine Byers X Yes Jim & Harriet Morris X Yes Ben & Marlys Ruzicka X Yes Larry & Linda Wittwer X Yes Dennis & Claudia Mueffleman X Yes 1+ 40 Agenda Information Memo May 14, 1982 Page Ten For the Council's information, enclosed on page is a petition that was submitted at the time of the public hearing ordering in the installation of utilities signed by several residents objecting to this project. It is interesting to note Item F., wherein the people indicate their awareness of the uncertainty of the assessment rate. ACTION TO BE CONSIDERED ON THIS MATTER: If written objections are received by May 18, continue the public hearing for those specific individuals. Close the public hearing for those indivi- duals who do not object to their reassessment or agree to drop their original assessment appeal and authorize the staff to certify to the County Auditor for collection. 1S Ll EEA EEOMOYIET ... .. .. .. .MIA TNOI:M5 NEOGES ' OILNY:bPIY1O1 TNO, SEGA" EOOENE VAN OVEOEESE CITY OF EAGAN IAM., A.0.., COY EARN !E"VY IN0M.I 1NEOOOnE WnCNlE9 I'�ywilf PILOT NNGO ROAD " LWNOI YfuMM 0. ADA 11,N :""-EAGAN, MINNESOTA "0 Inn ,:Y ENONe isaeloo '- April 23, 1982 D. Re:- Project 264A, Contract 80-19 (1Win View Manor Utilities) Dear Property Owner: As you are aware, an appeal has been filed with District Court pertaining to . - -- __- the City's levying of special aacea„ONts associated with the installation of . the utilities Under the above -referenced project. Cne of the points of objec- - tion noted in this appeal referenced the City's Procedural omission of per . . forming market analysis necess�; to determine benefit received through _ the referenced Project. While the City was aware of this requirement, it elected not to perform this analysis due to the additional costs that would be incur- ncurred. red-The City has tried tam ways Provide the necessary improvements at the ...... - most economical cost in response to the petitioned request of affected proper- .-- . ".. .. . ty owners. -. �- However, with this project being appealed through the judicial system, the City will be required to perform this referenced market analysis before we ". can be allowed to certify these assessments for collection. 'therefore, on . ,.:::'•.:.... April 6, 1982, the City Council officially vacated and set aside the special assessments levied against those property owners who officially appealed those assessments to the District Court. The City Council then scheduled a "reassess- mart" hearing to be held on May 18, 1982. inclosed with this let, trs you will . fired a form that incorporates the final assessment figure associated with the - property Under your owmership. Please cote that the City has had m include .. a "estimated" figure of $500.00 to cover the costs associated with performing the required market analysis and Property appraisal that would be incurred if any Property owner requires this technical procedure to be followed in order -- to Prove benefit to the affected property, . If this market analysis and property appraisal is required of the City by the - i Property owners, the City will be required to perform that work. Alf costs . associated with this analysis then become a related and direct cost associated With the installation of these utilities. SubSetpently, the City has to add these costs together with all other costs to determine the total amount to be assessed against the benefited properties. Subsequently, the enclosed amount - . references your fair share of these additional costs associated with this pro- . jest. . the City is obligated only to assess those costs that are incurred in relation to a particular Prefect. 'therefore, if a market analysis andapprai- sal is not Yom! required,mese mots can be related to reflect only those mats associated project for the installation of utilities. - In summaxy, this letter is r cant to inform you the reasons why the special .... assessments to be discussed on May 18, 1982 for the installation of utili- ties have increased over those costs that were levied at the original final - assessment hearing hold on September 15, 1981. :'- . If you have any questions pertaining to this procedure, please feel free to ... _ contact either the City Attorney, Mr. Paul Hauge at 454-4224 or me. . Sincerely, Thomas A. Colbert, P.E. Director of Public Works .. TAC/jachis 1 / - x -Ann Goers, Special Asseee„=„t Cleric - r..7i a M . Paul Hauge, City Attorney .- i Ic C C I • •. March 24, 1980 T0: City of Eagan City Administrator ATTN: Mr. Tom Hedges SUBJECT: Improvement Project #264 The undersigned residents of Twin View Manor, after very 'serious considera- tion, request the City Council of Eagan to rescind the approval of utilities and street improvements for Twin View Manor approved at the council meeting of March 18, 1980. It seems appropriate that the following reasons should be considered by the Council for this request: A. Cost figures presented were not inclusive, residents were not aware of total cost of project with information provided. B. Petition for street improvements was misleading as it was specified on a per lot basis rather than a cost per front foot. C. Petition for street improvements was (12) negative and (4) for. This is precedent setting for the whole city. D. Show of hands vote by audience included citizens not involved in this project. E. Present economic condition in our country today; unnecessary expenditure is inflationary. F. Not sure of interest rate projected @ 8%. G. Most homes included in project have present utilities split; one in front and other in rear. In order that the maximum number of residents are available for this important meeting, we request that this action be taken at the April 15, 1980 meeting. NAME ADDRESS S"3 C _ GL...., <177-(-�, y, 11 Agenda Information Memo May 14, 1982 Page Eleven PROJECT #274 0 B. Project #274, Reassessment Hearing, Silver Bell Road Streets On September 15, 1981, the final assessment hearing was held for the above referenced project which provided for the installation of Silver Bell Road from Nicols Road to T. H. 13. Subsequent to this, Mr. Lester Spenser, located on the northeast corner of Silver Bell Road and Nicols Road, has appealed his assessment in addition to filing a claim for damages against the City of Eagan on a non - related storm sewer item. Again, this appeal points out the City's deficiency in obtaining a market analysis to prove benefit equal to or greater than the amount of the assessment levied. Mr. Spencer was assessed $1,683 under this project. Therefore, the City Attor- ney has recommended the City Council vacate the original assessment and establish a new reassessment hearing which would allow the City to proceed with the necessary property appraisal analysis required by assessment law. Because this street was constructed to a collector status greater than the normal residential street, a residential equivalent assessment was used rather than the entire cost of this project. However, the estimated $500 associated with performing the required property appraisals and market analysis should be the direct responsibility of this property. Therefore, the original assessment in the amount of $1,683 should be increased to $2,183 for the final reassessment hearing to be held on May 18 to cover the anticipated additional costs associated with per- forming this market analysis as required by Mr. Spencer through his assessment appeal action. If a written notice of objection is received prior to the hearing on May 18, the public hearing should be continued to allow the staff to perform this additional work. If Mr. Spencer decides to drop his original assessment appeal and/or does not object to this reassessment, the original assessment amount should then be reaffirmed and reapproved by Council for collection. ACTION TO BE CONSIDERED ON THIS MATTER: To close/continue the public hearing and approve, if appropriate, the final reassessment for Project 274 to Mr. Lester Spencer. 11 0 0 Agenda Information Memo May 14, 1982 Page Twelve PROJECT 264B C. Project 2648, Final Assessment Hearing (Twin View Manor 1st Addition - Streets) -- Enclosed on page 'LO is a summary tabula- tion of the final assessments associated—with the installation of streets in the above referenced subdivision. All required notices have been published in the legal newspaper and sent to the affected property owners informing them of their final assess- ment amount. The final cost per lot is approximately 5.67% higher than the feasibility report estimate presented at the public hearing on November 5, 1980. This is a result of performing some of the boulevard restoration originally proposed under the utility project as a part of this street construction. Subsequently, the utility assessment was 6.9% under the feasibility report. When adding both improvement projects together, the net result shows a. 2.8% underrun of those costs estimated in the feasibility report to install both streets and utilities. Contract 81-2 was awarded in May of 1981. Subsequently, this pro- ject was included in the 8-1-81 bond sale, resulting in an assess- ment interest rate of 12.57. If there are any written objections submitted by the public hearing on May 18, the public hearing for final assessments should be continued for those objecting property owners to allow the City to perform additional input as may be required. ACTION TO BE CONSIDERED ON THIS MATTER: If appropriate, close the public hearing, approve the final assessment roll for Project 264B and authorize staff to certify to the County Auditor for col- lection. /9 0 0 FINAL ASSESSMENT HEARING PROJECT NO: 264B SUBDIVISION/AREA: TWIN VIEW MANOR ADDITION FINAL ASSESSMEENT HEARING: May 18, 1982 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES DArea 0 Laterals nService F1 Lat. Benefit/Trunk STORM Area Laterals SANITARY Area Laterals Service Lat. Benefit/Trunk STREETS Gravel Base QSurfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 22 Sing Le Family Lots NUMBER OF YEARS ASSESSED: 10 Years RATE OF INTEREST: 12.5% TOTAL AMOUNT ASSESSED: $81,130.94 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 81-2 PUBLIC HEARING DATE: November 51 1980 we FINAL F. R. RATES RATES $3,687.77/lot $3,490.00/lot Agenda Information Memo May 14, 1982 Page Thirteen PROJECT 284B 0 D. Project 284B, Final Assessment Hearing (Windtree First Addition — Streets) -- On April 20, 1982, the City Council received the final assessment roll for the above referenced project and authorized the final assessment hearing to be held on May 18., 1982. Enclosed on page ZZ. is a summary sheet indicating facts and figures associated watt- is project. Although the final assessment exceeded the feasibility report by approximately 29%, this is a direct result of a written request by the developer to include the upgrading of Elrene Road adjacent to the subdivision as a part of this project. The developer has been informed through proper notification of this final assessment figure and its comparison to the feasibility report. All required notices have been published in the legal newspaper. Staff has not received any objections or comments pertaining to this final assessment. ACTION TO BE CONSIDERED ON THIS MATTER: To close the public hearing and approve the final assessment roll for Project 284B, Windtree First Addition Streets, and authorize the staff to certify the assessment roll to the County Auditor for collection. 21 0 0 FINAL ASSESSMENT HEARING PROJECT NO: 284B SUBDIVISION/AREA: Windtree Addition FINAL ASSESSMEENT HEARING: May 18, 1982 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL P.R. WATER RATES RATES 0 Area O Laterals E] Service E] Lat. Benefit/Trunk STORM F1 Area 0 Laterals FINAL F. R. SANITARY RATES RATES Area 0 Laterals Service Lat. Benefit/Trunk STREETS Gravel Base ❑x Surfacing E] Res. Equiv. NUMBER OF PARCELS AFFECTED: 14 Lots (Single Family) NUMBER OF YEARS ASSESSED: 5 Years RATE OF INTEREST: 12.5% TOTAL AMOUNT ASSESSED: $42,425.88 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 81-2 PUBLIC HEARING DATE: November 7, 1979 :2.z $3,030.42/lot $2,350.00/lot 0 Agenda Information Memo May 14, 1982 Page Fourteen PROJECT 293B 0 E. Project 293B, Final Assessment Hearing (Windcrest First Addition -- Streets) -- On April 20, 1982, the City Council received the final assessment roll for the above referenced project and ordered the final assessment hearing to be held on May 18, 1982. Enclosed on page a -q is a summary sheet with the facts and figures asso- ciated wit�iis project. As can be seen, the final assessment rates are under those quoted in the feasibility report discussed at the public hearing held on January 15, 1980. Notifications of these final assessment figures were sent to the developer and published in the legal newspapers for this hearing. To date, the staff has not received any objections pertaining to these assess- ments. ACTION TO BE CONSIDERED ON THIS MATTER: To and approve the final assessment roll for First Addition Streets, and authorize th roll to the County Auditor for collection. a.3 close the public hearing Project 293B, Windcrest e staff to certify the 0 FINAL ASSESSMENT HEARING PROJECT NO: 293E SUBDIVISION/AREA: Windcrest Addition FINAL ASSESSMEENT NEARING: May 18, 1982 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES QArea QLaterals RService Lat. Benefit/Trunk STORM 0 Area nLaterals 0 FINAL SANITARY RATES Area Laterals Service 71 Lat. Benefit/Trunk (STREETS 0 Gravel Base xO Surfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 30 R-2 Lots, 20 R-3 Lots NUMBER OF YEARS ASSESSED: 5 Years RATE OF INTEREST: F. R. RATES R-2 $1,889.1 lot $2—,1-17.-27— R-3 2,11 ,2R-3 $ 944.59/lot $1,059.65. TOTAL AMOUNT ASSESSED: $75,567.20 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 81-2 & 80-25 PUBLIC HEARING DATE: January 15, 1980 a4 0 0 Agenda Information Memo May 14, 1982 Page Fifteen Project 308B F. Project 308B, Final Assessment Hearing (Duckwood Trail -Streets) -- On April 20, 1982, the City Council received the final assessment roll for the above referenced project and authorized the final assessment hearing to be held on May 18, 1982. Enclosed on page 24 is a summary sheet with facts and figures as they pertain to this particular project. As can be seen, the final assessment rate is less than the rate quoted in the feasibility report pre- sented at the public hearing on June 17, 1980. Proper notification has been sent to the developer pertaining to these final costs and the required notifications published in the legal newspaper. To date, staff has not received any objections pertaining to this final assessment. ACTION TO BE CONSIDERED ON THIS MATTER: To close the public hearing and approve the final assessment roll for Project 308B, Duckwood Trail Streets, and authorize the staff to certify the roll to the County Auditor for collection. a 5' 0 0 FINAL ASSESSMENT HEARING PROJECT NO: 308B SUBDIVISION/AREA: Duckwood Trails FINAL ASSESSMEENT HEARING: May 18, 1982 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES EjArea E) Laterals Service Lat. Benefit/Trunk STORM U Area nLaterals FINAL SANITARY RATES Area Laterals Service Lat. Benefit/Trunk ISTREETS IIID Gravel Base ® Surfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 2 Lots & 4 Outlots NUMBER OF YEARS ASSESSED: 5 Years RATE OF INTEREST: TOTAL AMOUNT ASSESSED: $60,923.69 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 81_2 PUBLIC HEARING DATE: June 17_, 1980 26 F. R. RATES $19.81/LF $20.00/FF 0 0 Agenda Information Memo May 14, 1982 Page Sixteen IR FINANCING - DIAMOND LAKE, INC G. Diamond Lake, Inc., for Industrial Revenue Bond Financing in the Amount of $750,000 -- An application to consider industrial revenue bond financing for Diamond Lake, Inc., was received and is in order for consideration. A public hearing was set at the April 20, 1982 and proper advertisement has been published in two (2) local newspapers as prescribed by statute. The application for industrial revenue financing as proposed by Diamond Lake, Inc., is for the purpose of acquiring equipment and fixtures to be used in conjunction with a retail supermarket which is under considera- tion as a part of the Pilot Knob Shopping Center. It is estimated that the supermarket will contain approximately 25,000 square feet, will provide approximately 90 new jobs at an estimated payroll of $1,040,000. The estimated annual sales in the supermarket is $14,000,000. The Pilot Knob Shopping Center issue in the amount of $5,500,000, approved at the March 17, 1981 City Council meeting is providing for 114 new jobs which did not take into consideration employment proposed for one of the major anchors, a supermarket. The bond, if approved, will be in the form of a single note with a seven year term which will be personally guaranteed by John Sulli- van, Sr., John Sullivan, Jr., and James Sullivan. This proposed transaction is not a limited partnership. The proposed construction of the supermarket as a phase of the shopping center complex is to begin July 1, 1982 and be completed March 15, 1983. Since a new financial statement has not been published for Diamond Lake Inc., the review provided by Miller & Schroeder Municipals, Inc., dated November 30, 1981, is valid for this application. Enclosed on page D,8 is a copy of a letter from Ernie Clark, Miller & Schroderu� nicipals, Inc., providing a review of Diamond Lake, Inc. Also enclosed without page number is a copy of the application for industrial revenue financing, financial statements and all other pertinent information required as a part of the City's appli- cation procedure. The City Council requested a list of the equip- ment with the application that was considered in December of 1981 and, therefore, that list is again made available with the packet, found on pages through9 This application was denied o when presented e re the City ouncil- at the December 1, 1981 meeting, the motion reading as follows: "Egan then moved, based upon the reasons above described and the fact that a precedent would be set by the Council in authorizing financing of the equip- ment only, to deny the request for industrial revenue financing. Parranto seconded the motion and all voted in favor." City Council - member Wachter was absent at that meeting. For a copy of the dis- cussion and action taken by the City Council at that meeting, refer to page _+0 . ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the industrial revenue financing for Diamond Lake, Inc., in the amount of $750,000. ';L '7 Tall Free Minnesota (800) 8626002 • • Toll Free Other States (800) 328-6122 Ae Miller & Schroeder Municipals, Inc. 170 Northwestern Financial Center, 7900 Xerxes Avenue South, Minneapolis, Minnesota 55431 • (612) 831-1500 November 30, 1981 Mr. Thomas Hedges, City Administrator City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Re: Diamond Lake, Inc. Request for Industrial Bond Financing Dear Tom: We have reviewed the request for the above and have talked with Richfield Bank and Trust regarding their conditions for purchasing the Industrial Note. The Richfield Banks feel comfortable with the proposed "loan agreement", the financial statements of Diamond Lake, Inc., and the Sullivan's as Guarantors for Diamond Lake, Inc. Extension of time has been given by the Bank to coincide with Council action. Land for the facility will be leased by Diamond Lake, Inc. Inasmuch as the project will provide additional employment, add to the tax base of the City and adequate provisions have been made to Richfield Bank and Trust to assure payment, we feel the City is adequately protected if they decide to approve this request. ELC:ps as Very truly yours, MILLER & SCHROEDER MUNICIPALS, INC. Ernest L. Clark Vice President Headquarters: Min neapolis,Minnesota • Branch Offices: Solana Beach, California • North brook. Illinois • St. Paul. Minnesota • Naples, Florid. Member of the Securities Investor Protection Corporation STORE NLME STREET PROPOSED BY DATE i \ /�✓ 6 RETAILER CITY DIV. PAGE NO. .Ew RE- AVD.,,-. O.E. OAT[ Me D. QTY. TY. DATE DATE euc Ra ADCNED IRYolc ED VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION I , , I I _ _ -GENER I , , I I � I I I I , I 1 I I I I 1 simpping ear b. , I I 17,000 I at=d pails I 300 130 I I , I I , , I , I -47 Flom Scrubbing e'G • I / Web Bry u I I , I nresst2re elcancr I I I I 28fr _1,3-0- , , I I 1 , I i� I ! I I I I I I I I I J I , 5-d", I I I I I I , , I I , I I I AIM i nanqinnc, I I Arn 1) r 62-412 STONE FI:G111iOJ COFY S U P E R V L U S T 0 R E ,S N C STORE NAME STREET /_-\ PROPOSED BY DATE 6 RETAILER CITY DIV. PAGE NO. NEw AE•APPS,_.. MOO. OPEN DATE aTY G. OTE A. DATE AD.Eo DATE INVOICED VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION T r 1T I � i I I Typewriter I I �8g+v I I i I � � I I I I I � � I I i � � I I I 061 oo i La O I I I 1 I I � i I r-micinguitI hers ao as pi Fire ; i i Exhaust Pans (eampresser reem) i I E i 9$}fi6 i aB I Q LIS )11 sbnlvl ng 1 i I I i � 001 69 I i , aa� e e I 20"Q Refrigerat on I i I c 4D-1 9 9 _@31;4tiA I I 62-412 Sl'O❑E EH GIN F. E I1 COPY STORE NAME STREET ' PROPOSED BY DATE 6 RETAILER CITY DIY. PAGE NO. rlEw B[• M 00. Aev... 0>1B o•iE OTY. ED QTY.DATE Ro. ADTAED DATE III VOICED VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION I I I I 1 1 I I I I I I I I � I 1 I I 1 I I / ITV G I I I I I I j I TOTAL spaw-,RA13 eii As .91 FIT e -ATT ON I I 1 I / I I I I 1 1 I 1 1 1 1 1 I W I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I 1 I I I I I 1 I I I I I I 1 1 1 1 I I I I 1 1 I 1 I I I I I I I I I I I 1 I I I 1 I 1 I 1 I 1 I I I I I 1 I 1 62-412 STORE EtlGIN EEI? JJPY STORE NAME STREET PROPOSED BY DATE 6 RETAILER CITY DIV. PAGE NO. x[w x[- Moo. Aeo: .. ae[x ori[ O TY. TY. DAT[ DTc suc IID. coa[o ..v.ICED VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION T+n >• c I 1 I I I I I TV n I 1 , 1 9-7 I I I 1 I ^II ^ tl�tl-Q I 1 C I I I I I I I I 1 I 7 I Gr-eee�ry I I storage shelving pallet 1 I - I I I I 09 I , 250 N I I I , I I I I , , , I Pallet ftacks r I go I -1 --or stanas ,) •\ I I 1 I 1 , I I I V u , 1 1 I ryg1Lq 1 I I VVI Vl 1 I I Forl'• I I !uu I I uu1 I ^;1 ' I 1 I 1 1 1 1 1 1 1 ; 1 62-412 sroliE EIJGIPIE [f: ccP'r Q m V STORE NAME STREET PROPOSED BY DATE i r `- i---- 6 •an. _S. on[x DATE RETAILER CITY c DIV. PAGE NO. fw I.E. Moo. C OTT. TY.P.xc T. auc xo. Ro[x[O Ix voICED VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION I I I I I I � a24,0001 On - 1 261, completGoa I I I I I O VV 1 I I I I I I I I 1 i Pae Seales � 2, 5 I 1 I I I I � I i �i I I I I I I I I J tation goI i I t I i �anana DisplayI ' i I I I � , -86 I— —be m–aehine I 1 I � 7 I I w7lbin I � ' Misuel � I I I I I 3[ "G;–" I nAT, PrOMMr,I V 0-/-gn--gc- Q G I I 62-412 STGLE Cf.'P'i U P E R V 0 L u [a] is STORE NAME STREET PROPOSED BY DATE 47, RETAILER CITY DIV. PAGE NO. x[w B[- Ael •. Ox[. obi[ MOO. aTY. TY. DATE DATE aDD RM RDMED INVOICED VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION I I I 1 I I 1 1 I �.ked ffleat case I 00 I ' se I I —/ I I 1 1 1 1 I 1 I I I I I I I I I I Heat: Rail and hooks I I 2001 00 I I ShU3:ViL11J :Lli I 1 I 1,2001 00 I I I W u 1 00 I I 1 I I Pan racks 8001 u OF Chickendollies i I .. J l Uv • p�'I p4 I I -Meat pems I I I V I I I Mcat Ings I I I I 1 V I U Meat lay car 1 I I 1 I I 0-0 I I 2 Wheal hand truck I I Z) I uv sheivingu I I Moat Block I I 81 VU I I I 1 I 1 I I 4H6J-0 ' I I I s1xe�x Meat YimEtableCcPf 1/600 00 STORE NAME - STREET PROPOSED BY DATE RETAILER CITY . DIV. PAGE NO. NEw MF• - •iV.: _.. OVEN DAT[ Moo. 7 CITY. TT. CATs 0AT[ eu. D. ADENED INVOICED VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION �TFi' TrT.ApqTrTrATTrvkT r*r)m 1 I I I I I I I 1 I I 1 , I I , , I I I I I 1 , , , - � I I I ' ' I 1 I , I I 00N I I i � Meat I I I I 1 I n An gria4er on! I I 1 I I I I I -:--phille Ur Lfti= grilldCr, 1 I I _ [ Pe 1 I 1 1 I I I I I I I I �vuI I I 1 _ , I I I I 1 J 51—V I I oil stone I I 1 °ac T4-at Pept. Desk I I r' I I I I L "T' 2 "Tf�ATT ON 1 1 I , 62-412 STOI[E Eli Glf: F.FN CCf•'( U P E R V o U S T 0 R E ,5 N C STORE NAME STREET PROPOSED BY DATE �v 6 RETAILER DIII TY "' DIV. PAGE NO. xt:w R[- OD. APP..... OPEN DAT[ QTT.q". SU 11 RD. DAT[ RODRco DATE INVOICED VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION I 1 I I I 1 I I 1 I I I 1AC,zen Food J 1 I /vvul I I Food J I I / ee I 1 r r I I , , 91 ril I I A r r.i I I 1 I I nr I I I 1 1 I I I � , IN i I i I • I , I I I nn. n. , , , , I I I I I I I I 1 , I , 1 I , I 1 , , I , I 1 I I 1 I I 1 , 1 I I t I I I I I , I I , I 1 I I 1 1 , 1 62-412 STGfiE FNGIFI F.F II CDf'! U I" L U S T 0 R E N C STORE NAME STREET PROPOSED BY DATE RETAILER CITYi:. '•� DIV. PAGE NO. 9 NEW T.cu. -E• APP..-A. OPEN DATE vTr. auc Tr. xD. DATE nvucD DATe Ix r-IEED VENDOR MANE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION Mi a 1 I 1 1 I 1 1 I 1nairly_ 1 , 9 1 Cooler, 141 x 321 corn elte 1 , 13 000100 1 -Dairy Dairy receiving desk 1 75!0 4 Wheel stock tructs 250' 00 2 I I , , pliscellannoug I 1 I 1 1 I m r I I I I I A I —T I p , � V� I I I I I I I I I , , 1 , I 1 I � , I I I I � I I 1 1 , I _- I 1 I 1 1 , I I - 1 I I I I I I I I I ' I I I I J , - 1 I , 1 1 I I — I , 1 I I I I I I I I 63-AIY 5TGf1E ENGN E!1 CCI"'I U P E R v � I L U 5 T 0 R E is r� c STORE NAMESTREET i--� 4�— PROPOSED BY DATE - 6 RETAILER CITY ;•-� DIV. PAGE NO. xLw x[- MOO. APv... •. ov[x oAi[ 0TT.0TY. SUD xa DATE Eo a [o DATE Ix vo1E[o VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION 1 1 1 I A J I I I I I 1 [ � 1 I 1 I 1 -4-,-500: 00 , / I I i J V I I I / 1 1 catse 1 I 1 I 1 I Come I I / 1 j "m I I 5, 1 j Custualex number • I I1 1 Dell Desk I I W ; I • n 7 1 1 I , r I 1 1 I I I I � I I I I I I I 1 1 I I I 1 1 1 1 I I I I 1 1 I I - I I I 1 1 I I I I I I I I I I I I I I I 1 I 1 62-412 SiDIIE ENGINEER fUPY STORE NAME STREET PROPOSED BY DATE RETAILER_ CITV OIV. PAGE NO. [w x[• 7P.—A. OPEN DATE MOO. O TT. TT. DATE OAT[ aoo .o. Rocco Ix vo 1110 VENDOR MAKE MODEL NO. DESCRIPTION UNIT PRICE EXTENSION 1 1 I I 1 1 1 1 I I I 1 I I 1 I I 1 I I I 1 I I I -------------- I I I I 1 I I I 1 j � 1 I I I 1 I 1 I SALES I TAN (93cittijimmit) I I I I ENGI• . H FFF, 26,216.25 I I I I _n ON am 1 I , , � � I I I I I I I I I I I 1 I 1 I 1 � I I 1 I 1 1 I 1 1 , ! I , 1 , I I 1 1 I 1 I 1 1 I I 1 I I I I I 1 1 , I I I I 1 1 1 1 I 1 I 1 62.412 6TGISE ENGINEER COPY Q V w U T L ,S N C Council Minutes December 1, 1981 • 0 0c: DIAMOND LAKE, INC. - I. R. FINANCING The public hearing concerning the application of Diamond Lake, Inc, for Industrial Revenue financing in the amount of $750,000.00 for the acquisition of equipment and fixtures to be used in conjunction with the retail super- market in the proposed Pilot Knob Shopping Center was convened by Mayor Blomquist. Robert Levy, attorney for Diamond Lake, Inc. and Mr. John Sullivan, Jr, were present on behalf of the applicant. Mr. Levy stated that Richfield Bank and Trust Company has, committed itself to finance the $750,000.00 and that the loan will be paid off prior to the expected useful life of the equipment. There were many questions from City Council members and members of the audience as to whether the Council should finance equipment and fixtures at all or in part. It was noted that this was the first example where a request for I. R. Financing has been submitted exclusively for fix- tures and equipment. There was questions as to whether this type financing is an inducement to new business and whether the approximately 90 new jobs which consist of only 30 full-time jobs, is a sufficient inducement for the issuance of the financing. It was noted there would be no increase in taxes and Industrial Revenue Financing had already been authorized for the shopping center building itself. Councilman Smith suggested that the City Council ought to consider issuing financing for fixtures but not for equipment that has a short anticipated useful life. It was noted the total estimated cost of the fixtures is $871,000.00, including sales tax, engineering fees, etc. The attorney for the Pilot Knob Shopping Center was present and indicated the supermarket is critical for the financing for the entire center. After lengthy discussion, Smith moved to authorize up to $555,000.00 industrial revenue financing for heavy duty equipment, including fixtures, which include a life expectancy of at least ten years. There was no second and the motion died. Egan then moved, based upon the reasons above described and the fact that a precedent would be set by the Council in authorizing financing of the equipment only, to deny the request for industrial revenue financing. Parranto seconded the motion and all voted in favor. 4a 0 0 Agenda Information Memo May 14, 1982 Page Seventeen GERALD & SHIRLEY SMITH - FRONT YARD VARIANCE A. Gerald & Shirley Smith for 10' Variance from a Front Yard Set- back, Located at 4367 Onyx Drive -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on April 27, 1982 to consider an application submitted for a 10' front yard setback for the construction of a 10' x 20' addi- tion to the Smith house at 4367 Onyx Drive. The Advisory Planning Commission is recommending approval of the variance. For additional information on this item, please refer to the City Planning Assitant's (Intern) report found on pages ¢1, through 4-7 For a copy of the APC minutes, refer to page ". ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the Advisory Planning Commission to approve a 10' variance for Gerald and Shirley Smith as stated. 4� E SUBJECT: APPLICANT: LOCATION: EXISTING ZONING: DATE OF PUBLIC HEARING: DATE OF REPORT: REPORTED BY: APPLICATION SUBMITTED: 0 CITY OF EAGAN VARIANCE - FRONT YARD SETBACK GERALD & SHIRLEY SMITH 4367 ONYX DRIVE R-1 (RESIDENTIAL SINGLE DISTRICT) APRIL 27, 1982 APRIL 22, 1982 DAVID M. OSBERG, PLANNING ASSISTANT An applicaticn,has been submitted for a 10' front yard setback for the construc- tion of a 10 x 20 foot addition to the Smith house at 4367 Onyx Drive. The applicants are proposing to construct a 10 x 20 foot addition to their house. The addition to the house would be 10' closer to the lot line than allowed in the ordinance. A diagram of the house and the proposed addition have been submitted by the applicant for review. The present house and the addition would cover 14% of the lot, so it would not exceed the lot coverage requirement. There appears to be no hardship related to the topographic conditions or land- scape in order to allow the 10 foot front vard setback variance for the addition to the house. If approved, the variance should be subject to the following con- ditions: 1) All applicable ordinances must be followed. DMO/jach 4z 0 0 7^I .�3 • ' 12.67 ' , 1 120 I IN v N J J ...11 -� 1 J /i�a�Iil � Nerrh I I /ilei//+ � i 1 125 39 120 120 r ;o 30 N ? e O N — O d Sol, .44.9..• e•rovs'44' - A,c9 �s o . •._I � o 04 N 12 .10 120 , 1 120 30 • 3° :49.26 A•48.s4112*43ai '�' •� ; � ••• 155.00••• 300••• :_ 79.26° I 4 ' wo N..ib Nsilb „ 1 N O '1 �izo Izo 75 S4.267 -A—, ( 4-5 11 II J 120 �I. 120 I 'I I I 120 i i . 120, _ O O W h J I A I � =o II 11 � • ' 12.67 ' , 1 120 I IN v N J J ...11 -� 1 J /i�a�Iil � Nerrh I I /ilei//+ � i 1 125 39 120 120 r ;o 30 N ? e O N — O d Sol, .44.9..• e•rovs'44' - A,c9 �s o . •._I � o 04 N 12 .10 120 , 1 120 30 • 3° :49.26 A•48.s4112*43ai '�' •� ; � ••• 155.00••• 300••• :_ 79.26° I 4 ' wo N..ib Nsilb „ 1 N O '1 I 124.90 - 75 75 S4.267 -A—, ( 4-5 o� ..1 v vl V1 �� 1e,23'al I � I I I. I lila.{h _ O O W I I 124.62 i I � =o o O 11 � .O N 1 _-.. 124.33 �1 I.:. Iz3.13 _ .n �o w w 75; 1L _90--- - --75- - 90 75 75 75 S4.267 -A—, ( 4-5 o� ..1 v vl V1 �� 1e,23'al I � I I I _ O O N O W O Y Oti `q i N N J •D N Nr w 11 � 1 �1 I.:. Iz3.13 75 75; 1L _90--- - --75- - ro. oN. . tiN 90 15 .- 43 A-7-2141* •i• e_16•�Z ta• � . .1..4.03 . 30 3O F ^ >O w W o� ..1 v vl V1 I � I I IZ3.43 o I i N N J •D N Nr w 1 I.:. Iz3.13 ^ >O LB AR ROW �0 L I . i kA6R IC - FI uW" ,� ti A 'z NIF Aft GB GBPF P JUNI61 'N B �— r PF o NB ' HIGH co Y SCHOOL_� W I P� Al `may C R F t,Lw .i i .� "gin •.r'�i� ;PKSPK , fF MART. SL[:t:r+�c` �� ;�:�� W .;. _ _.w,.. R-4 CSC, ' LL� .t.i�� i4t � -•` i���i.;"':` j R -IC R-2 o z? O __AtLj 2 Y a J = NS RIVER R B l( TEST t. U) A;LB I. � ll ENTER zcu pq ---r � �•yI 1. N 4'7uA — R-1 :;.SL� ,� ., ,• . i ....'� Z i� isr"� - - • i • APC Minutes April 27, 1982 GEMM & SHIRLEY S m - VARIANCE The public hearing regarding the application of Gerald and Shirley Smith for a variance of 10 feet from the front yard setback for construction of a 10 foot by 20 foot addition to their house at 4367 Onyx Drive was next convened by the Chairman. Gerald Smith appeared pointing out that due to an expansion in his family and the location of a large tree in the back of his house, the only available expansion was to the front. He also indicated that no one in his neighborhood objected after contacting them. Dale Runkle pointed out that the lot was on a curve which made the placement of the addition in relation to other setbacks in the addition, not as aesthetically displeasing as in a normal situation. It was motioned by Wilkins, seconded by McCrea to recommend approval of the variance. All voted in favor. p.m. Upon motion duly made and seconded, the meeting was adjourned as 8:50 Secretary M 90 0 0 Agenda Information Memo May 14, 1982 Page Eighteen MCDONALD'S CORPORATION - VARIANCE B. McDonald's Corporation for a Variance to Exceed the Allowable Height for a Pylon Sign -- A public hearing was held before the Advisory Planning Commission at their last regular meeting on April 27, 1982 to consider an application submitted for a variance to exceed the allowable height of 27' for a pylon sign located at 4565 Erin Lane, for a McDonald's Restaurant. The Advisory Planning Commision is recommending denial of this application to the City Council. For additional information on this item, refer to the City Planning Assistant's report found on pages sOr through �$ For action that was taken by the Planning Commisssion, refer to page S19. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the Advisory Planning Commission's recommendation to deny a variance application submitted by Signcrafters for McDonald's Corporation. arm 0 0 CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: CHARLES PEUGi, SIGNCRAFTERS FOR MCDONALD'S CORPORATION LOCATION: 4565 ERIN LANE - MCDONALD'S RESTAURANT EXISTING ZONING: CSC (CC1nwry SHOPPING CENTER) DATE OF PUBLIC HEARING: APRIL 27, 1982 DATE OF REPORT: APRIL 19, 1982 REPORTED BY: DAVE OSBERG, pjAMING ASSISTANT APPLICATION SUBMITTED: An application.has been submitted for a variance to ex- ceed the allowable height of 27 feet for a pylon sign located at 4565 Erin Lane; McDonald's Restaurant. On December 23, 1980, the Advisory Planning Commission approved the conditional use permit application for a pylon sign for the McDonald's Restaurant on Erin Lane. The City Council granted the conditional use permit at their January 6, 1981 meeting. There were concerns expressed by the City Councilmembers as to the location of the sign and its impact on the Cedar Avenue freeway. The City Council approved the pylon sign with the conditions that the sign would be no more than 125 square feet in area and no more than 27 feet in height. The McDonald's Corporation is requesting a variance to raise the existing 24 - foot high pylon sign to 50 feet. The McDonald's Corporation would also like to relocate the sign closer to the Cedar Avenue freeway. At the present time, the sign is located on the southeast corner of the McDonald's Corporation, with the proposed location being in the southeast corner. Included in this report is a letter staff received from the McDonald's Corporation explaining their reasons for seeking a variance to allow a 50' pylon sign.. The existing sign has an area of approximately 100 square feet and the height is 24'. The proposed sign would remain 100 square feet in area with the only changes being the increased height to 50' and the location of the sign. Attached to this report is a layout of the McDonald's Corporation property indicating the existing and proposed locations of the sign with a picture of the existing sign. Staff has received a letter from the developers of opment, stating that the relocation of the sign to McDonald's Corporation property would not interfere of Mari Acres. A copy of the letter and sign plan for review. .SD Mari Acres, Hillcrest Devel- the southwest corner of the with the overall sign plan of Mari Acres is enclosed CITY OF EAGAN C[[ARLES PEUGFI, SIGNCRAFTER.S FOR MCDUAIAS CORPORATION APRIL 27, 1982 PAGE TWO Staff would like to point out that the McDonald's Corporation pylon sign is not oonsidered a freeway identification sign since the McDonald's Corporation p% perty is not located directly adjacent to a freeway. Haaever, the McDonald's Corporation is only proposing to have one advertising sign on the property thus complying with the pylon sign regulations in the Sign Ordinance. If approved, the variance should be approved with the following conditions: 1) The sign shall contain no more than 125 square feet of signage. 2) No other advertising signs will be placed on the McDonald's Corporation property - 3) All other applicable ordinances will be followed. DMO/jack S1 70-100 ROAD SIGN 0 Overall Height (Variable) 0 No. 3 0 z No. 6 SIGN: 70-100 AREA: Approximately 100 sq. It. STRUCTURE: Designed for 30 psf wind load ELECTRICAL: Inspected and approved by U.L. NOTE: Order replacement panels by number as shown above 14' 2" z 0 rr N N 70-100 ROAD SIGN ILLUMINATION 4 ea. F -84 -T12 -CW -HO Fluorescent Tubes 16 ea. F -60 -T12 -CW -HO Fluorescent Tubes 4 ea. F -24 -T12 -CW -HO Fluorescent Tubes BALLASTS 6 ea. France 458D (or equal) 4 -Lamp Ballasts ELECTRICAL -2 ea. 15 Amp. Circuits 120V. Load 15.0 Amps PLASTIC FACES Pigmented Acrylic Colors: Red #2157 White #7328 Yellow #2037 Acrylic Panels: 6 ea. per side Grade Clearance Jfgwrafters Outdoor Display, Inc. _ m•u. er�tu .. uwin,...rwua u Oren (Variable) S o2 3 mcDonald's March 22, 1982 City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 RE: McDonald's Restaurant 4565 Erin Lane Eagan, Minnesota To Whom It May Concern: McDonald's Gsrpurwion x000 Nirollet Avenue South Minneapolis, Minnesota 55420 612i264.4755 McDonald's Corporation is requesting a variance to raise our main identification sign from the existing allowable height to 50 feet. This variance request comes as a result of the hardship caused us by the new interstate coming through, which adversely affects our sites visibility. Our sign now sits below the grade of the interstate. Due to the fact that visibility of our restaurant is now all but eliminated, this stores sales volume is far below what we projected it to be with appropriate visibility. We feel the solution to this problem lies in raising our sign to a height of 50 feet. The store must operate at a profit in order to benefit both McDonald's and the local community. By increasing our sign height, we would be able to better draw from the traffic using the interstate. Please take our request under consideration and grant us this variance. Yours truly, MCDON`ALD' S CORPORATION �Inn A� 2 Al Inde Construction Engineer Minneapolis Region AI/vk S3 i PROP(X,-D' Ao4,9T/ON OF °� E ":i4y-i_RSY§:-v'�c�.�.%:n:.:i:ir.::;�:-; u.::•4r.�. T^,'rmr.�ti r-. I Ir 7i (l r R 7 EXISTING - ea 24'NI0- 5 ;.I Memoes Roan (j ILLCRES� VELOPMET April 15, 1982 City of. Eagan P.O. Box 21-199 Eagan, MN 55121 ATTN: Dave Osbers Asst. Planner Gentlemen: EXECUTIVE AND ADMINISTRATIVE OFFICES METRO SQUARE 7TH AND ROBERT St. Paul, Minnesota 55101 Phone: 224-5811 Area 612 RE: Mari Acres Signage �},'h"';; Thiswill verify hone conversation today at which time Y our p Y „METRO PARKING LOTS, f,¢t1,`4i you requested my input as to the effect on our property if .%Dowmown St.,Paul �� s�"' McDonald's were allowed to move their pylon sign to the ;xJa �:(' IY �M ir.11 ,I;? I til i✓�3Cf 1�1 Alt jl ;`,;HILLCREST'SHOPPING,CENTER ,y'i" southwest property corner. it St Paul Minnesota �,yYd;ts titt, ,v.yNJ) , „ �' ,7�,•y� ¢ l;y, I am enclosing the signage proposal that we presented during ;VIKINGVILLAGEAPARTMENTS {'+f{ our plat approval. We have two lots left abutting Cliff Road ,"�NorthcSt, Paul Minnesota at the intersection of Cliff and Nichols. These lots pre- , !f •Ivk J�li 'f, e, rr,. HGNEYWELL.PLANTv sumably may be used for fast food outlets. -Columbia Heights Minnesota cy It would be my interpretation that we would still be in GOODWILLI NDusTRIES BUILDING' `.;; compliance for the approval of a pylon sign because we 'S,LauderdalerMinnesota would be 300 feet from the proposed new location of McDonald's HENNEPIN SGUARE ' ,�''�3, l7 ` 3 pylon sign. We, therefore, see no conflict if you would see ' d,Mlnneepolia P Minnesota q fit to approve McDonald's request. j,HARDING BUILDING _Minneapohe, Minnesota Thank you for keeping us informed on the matter. Sincerely, CARLSON MARKETING BLDG. r,,.i,;% .i,; Minneapolis, Minnesota N'; , �: HILLCREST DEVELOPMENT NEIDHOEFER BUILDING NO 1 r Minneapolis, Minnesota .114.:,a;rd r;, ••„ ��� CLECON BUILDING r �VErnestF. Christiansen ,; Minneapolis, Minnesota P. Construction . MURPHY -ELM INDUSTRIAL PARK EFC: kh Minneapolis. Minnesota i CLEVELAND FABRICATING BLDG. Enclosure . Minneapolis, Minnesota ;;HILLCREST LAND INVESTMENTS :•:For the Development of Commercial • . '.' �;hhtdusbiel • Residential • Apartmen0 ONtea Projects in Minneapolis, �St. Paul, and Suburbs. CITY OF EAGAN DAKOTA COUNTY, MINNESOTA AMENDMENT TO ORDINANCE NO. 16 - SIGN ORDINANCE THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA, DOES HEREBY AMEND ITS ORDINANCE NO. 16 AS FOLLOWS: SECTION 16.06 -- FREE STANDING BUSINESS SIGNS, STANDARD: Subdivision 4 -- FREEWAY LOCATIONS. An on -premise pylon sign for identification purposes is allowed for a business sign located directly adjacent to a freeway within the City of Eagan. Any business that acquires a permit to erect a pylon sign for freeway identification may be allowed an additional free-standing ground sign to be located on the side of the property opposite. of the freeway. All signs must comply in all other respects with the provisions of this Ordinance. A freeway shall be defined as a principal arterial highway as defined in the Comprehensive Plan. ATTEST: CITY COUNCIL CITY OF EAGAN BY 4L)C�C�I.L By: E.V% vanuver eke, City Cle'rk quist, MAyor Original Ordinance Adopted: May 19, 1964 Amended Ordinance Adopted: -July 7, 1961 Published in the Dakota County Tribune: July 23, 1981 .5 77 �R ROVE' h m L31� C .. A - T AR i EEN R GB GB PFNB^f: e PF O Ng HIGH m a B-2 ,aa SCHOOL 0 ; PFF- R-3C 1 ' Fit •� + PK :�'� PK ( w�y MART E :'r •"S b /� i *yt" %, r... SLA. C5 1.� ti:L. ,: a •�` �,��}S.j, l�/1Vr a RZ Y '4 ^V4 -Y ti: F- .1 csc Al 6P LI l 10 2 J NB' )RIVER R B TEST Z , U-0 A: LB I rr �l ENTER N OC A A R B! SuB.TEG7 Do iPRo�RTY vi 7 Fv}r[+rtfk�� ,1 0 0 The application of McDonald's Corporation for a variance to exceed the allowable height of 27 feet for a pylon sign located at 4565 Erin Lane, McDonald's Restaurant, was convened by the Chairman. Mr. Jack Lawrence of Signcrafters Outdoor Display, Inc. appeared for McDonald's Corporation. At the request of member Wilkins, staff advised that there would be no problem with the 300 foot limitation and that neither Burnett Realty nor Hardee's have been allowed signs in excess of 27 feet. It was noted by member Krob and Chairman Hall that the applicant would have had full knowledge of the freeway prior to construction of the new McDonald's restaurant. It was noted that according to ordinance, a freeway sign must be on property directly abutting the freeway. The McDonald's land does not so abutt and in fact, has adjacent to it, two other other locations for potential fast food restaurants. Wilkins moved, Krob seconded the motion to recommend denial of the variance. Those in favor of the motion were Wilkins, Krob and Hall. Those against were Wold and McCrea. S9 0 0 Agenda Information Memo May 14, 1982 Page Nineteen PRELIMINARY PLAT - BERRY RIDGE CONDOMINIUMS C. Roger Kreidberg of Scheutt Investment Co. for Preliminary Plat Approval, Berry Ridge Addition, Consisting of Approximately 3.65 Acres, located on Lot 11, Block 3, Hilltop Estates -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on April 27, 1982. The Advisory Planning Commission is recommending approval of the preliminary plat. For additional information on this item, refer to the City Planner's report, a copy of which is enclosed on pages ( f through '7/ for your reference. For action that was taken�y`tFe Advisory Planning Commission, refer to a copy of the minutes, found on pages through -7 3. Park recommendations are enclosed on page "7+ ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the Advisory Planning Commission to approve the preliminary plat for Berry Ridge Addition. � 0 0 CITY OF EAGAN APPLICANT: ROHM KREIDBERG - SMUTP INVESTN4SIT CO. LOCATION: LOT 11, BLOCK 3, HILLTOP ESTATES, SW; OF SECTION 22 EXISTING ZONING: R-3 (RESIDENTIAL TOWNH(XJSE DISTRICT) DATE OF PUBLIC HEARING: APRIL 27, 1982 DATE OF REPORT: APRIL 22, 1982 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED An application has been submitted requesting a preliminary plat, Berry Ridge Condo- miniums, consisting of approximately 3.65 acres and containing 26 dwelling units located on Lot 11, Block 3, Hilltop Estates. ZCNING AND LAND USE Presently the parcel is zoned �3 (Residential Townhouse District) and would only allow a townhouse development proposal. The proposed land use plan designates this parcel as R-1 (Single Family Development). Since the parcel is zoned R-3 (Residen- tial Townhouse),the zoning takes precedence over the proposed land use plan. The parcel is the last parcel in Hilltop Estates to have a development proposal submitted. As stated above, the parcel is zoned R-3 (Residential Townhouse District) and would allow a townhouse development proposal. The parcel is 3.65 net acres. There are no ponding areas, streets rights-of-way or any other dedications to be subtracted from this plat than what has already been de- ducted in the platting of Lot 11, Block 3, Hilltop Estates. The applicant is pro- posing to provide a looped private drive to provide access to the development pro- posal. There will be two accesses onto Berry Ridge Road which will provide adequate circulation for this development proposal. The applicant was originally proposing 30 dwelling units for the subject parcel. According to the zoning ordinance, the maximum density for this 3.65 acre parcel is 26.49 dwelling units. The applicant has reduced the 30 -unit townhouse project to 26 dwelling units, which is just under the maximum density allowed in an R-3 zoning district. The building coverage for this site is 7.42% which is substantially low- er than the 20% maximum allowed for the subject parcel. The reason for this low building coverage is that the developer is proposing to have 2 -story units which each story would be owner -occupied or individual units. The reason for this lou lot coverage is that the applicant is also proposing underground parking for this development plan. 61 0 0 CrrY OF EAGAN BERRY RIDGE CONDMINIUMS APRIL 27, 1982 PAM TWO The applicant has taken the existing topography and vegetation into this site de- sign. The buildings are designed in accordance with the contours of the property and they are leaving as many of the natural amenities to the site as possible. The applicant is also proposing to leave as many of the existing pine trees which are located on the north side of Berry Ridge Road. The only place these pines would be disturbed is where the access points would be into the development pro- posal. The applicant has also minimized the site disturbance with this particular development proposal. The applicant is proposing to construct 15 one -bedroom units and 15 two-bedroom units for a total of 26 dwelling units. The one-bedroan units would contain ap- proximately 750 square feet and the two-bedroom units would contain approximately 1,200 square feet. It is staff's understanding that the project will be designed with energy conservation in mind and that the proposed project will exceed all energy code requirements. The proposed project will contain one garage space or underground parking space and one parking space per dwelling unit. The building meets all setback requirements as required in Ordinance 52. In reviewing the parking layout, the westerly parking lot, or the parking area abutting Pilot Knob Road, should be shifted easterly to provide a 20' green area for the parking area along Pilot Knob Road. In reviewing the site plan, the proposed site plan shows 30 dwelling units. The easterly two buildings will be removed so that only 26 units will be allowed. With the reduction of the two easterly dwelling units, staff is suggesting that the applicant may consider parking on the easterly side of the building. Also, the parking should be extended, or a driveway should be extended, on each side of the building in order to get fire protection around the entire building. Staff has suggested that the developer may consider a trail or sidewalk running on the northerly side of the development proposal in order to allow direct access to the north side of the building for pedestrian as well as fire and rescue. The pro- posed building will have individual entrances to each of the dwelling units. Therefore, the project is more of a townhouse development than a condominium unit. Staff would like to mention that the applicant has made an attempt to hold a neigh- borhood meeting to discuss the developent proposal with the neighborhood prior to the Advisory Planning Commission holding the public hearing. Staff was in at- tendance at the neighborhood meeting and only three residents from Hilltop came to this neighborhood meeting. Staff would like to acknowledge that the applicant has made every effort to inform the neighborhood as to their development proposal. If approved, the preliminary plat should be subject to the following conditions: 1) A development agreement shall be completed prior to the construction of any of the dwelling units. 2) A detailed landscape plan shall be approved by City staff and an adequate landscape bond shall be submitted with the final plat and not released un- til one year after the landscaping has been completed. 3) The developer shall provide the City with a copy of the homeowner's asso- ciation by-laws for review. 6a 0 0 CITY OF EAGAN BERRY RIDGE CONDOMINIUMS APRIL 27, 1982 PAGE THREE 4) The plat should be subject to the Park Committee's recommendations and comments. 5) The development plan should be shifted to the east in order to provide a 20' green area between the westerly property line and the parking area. 6) The developer should consider putting parking areas on each side of the building and extending a drive or path around the north side of the build- ing to provide adequate fire protection. 7) No more than 26 dwelling units shall be allowed for this development pro- posal. 8) All other City ordinances shall be applicable for the overall development proposal. DCR/jach 9) A detailed grading, drainage and erosion control plan must be reviewed and approved prior to final plat approval. 10) Adequate utility easements must be provided to allow a connection to the existing trunk sanitary sewer along the north property line and the requir- ed internal water main looping and fire hydrant location. 11) A storm sewer detention ponding system must be constructed in the north- east corner of this proposed plat to minimize the increased runoff from__:. this development. 12) An 8' wide bituminous pathway must be constructed along the northern side of these units a minimum of 15' from any structure for potential future fire access. other trailway installations along Berry Ridge Road should be in conformance with the requirements of the Park and Recreation Committee. 13) This development shall provide for a residential street eauivalent assess- ment escrow for the 283' of frontage adjacent to Pilot Knob Road to cover this plat's financial responsibilities for the future upgrading of Pilot Knob Road. This escrow shall be determined on the residential street equivalent rate for multiple dwelling zoning at the time of final plat ap- proval. TAC/jack 63 P 0 TO: THE PLANNING COMMISSION, C/O DALE C. RUNKLE, CITY PLANNER FROM: ROBERT W. ROSENE, CONSULTING ENGINEER DATE: APRIL 21, 1982 RE: BERRY RIDGE ADDITION The Public Works Department has the following information and concerns rela- tive to approval of the above referenced plat: UTILITIES Water service is available from an existing 8" diameter water lateral in Berry Ridge Road. Hydrants are located on this line near the southeast and the southwest corners of this property. It will be necessary to add not less than two additional hydrants, one near the east end and one near the west end of the proposed condominium building to provide adequate fire protection. Sanitary sewer service is available from the existing sanitary sewer trunk which lies 10 feet north of the north line of this property. Due to the heavy slope of this property away from Berry Ridge Road, it is not possible to pro- vide gravity sanitary sewer service to the existing lateral sanitary sewer in Berry Ridge Road. GRADING AND DRAINAGE The existing topography of this site shows a relatively heavy slope from Berry Ridge Road to the north edge of the property. The proposed grading plan util- izes this slope in the location of the buildings and to provide a walkout on the northerly side of each of the lower units. Drainage from approximately the westerly one-third of the property will be to the northwest to the ditch on Pilot Knob Road. The major parking lot is loca- ted adjacent to Pilot Knob Road and is shown with surface drainage to the north. It is recommended that a catch basin in the parking lot and a short section of lateral storm sewer be required to carry the parking lot drainage to the existing ditch. In the future, when Pilot Knob Road is updated, this storm sewer will be connected to lateral storm sewer that will be required for the Pilot Knob Road upgrading. The easterly two-thirds of the site drains generally to the northeast. The preliminary site plan shows catch basins in the parking lot and driveway dis- charging on the surface approximately 100 feet north of Berry Ridge Road. To minimize erosion and adverse effects on the adjacent property, it is recom- mended that this storm sewer be extended to a point near the northeast corner where a small ponding area should be excavated. This small pond will minimize any adverse effect which the drainage from this area would have on adjacent property. With the pond, an overflow across the natural vegetation can be al Page 1 9313a 64 0 0 lowed which will create no greater problems than the present drainage causes. The Master Plan for Storm Sewer shows that drainage from this parcel flowing to Pilot Knob Road will continue north to Pond JP -36 which is just south of the St. John Neumann Church. Drainage from the easterly portion will flow in- to Pond JP -48 which ultimately overflows into Pond JP -7. At the present time, there is no overflow outlet from Pond JP -7. However, it is relatively large and, with the proposed pond to be added in the Berry Ridge Addition, we do not believe that the drainage from this Addition will cause any significant prob- lems with the water level of this pond. As more development occurs in the area and particularly when Pilot Knob Road is upgraded, an outlet to Pond JP -7 should be considered in accordance with the Master Plan. Due to the steep slopes involved on this property, an extensive erosion con- trol plan will be required to minimize problems with erosion during construc- tion,and to prevent the washing of soil onto the adjacent property north of this site. STREETS Berry Ridge Road will provide street access for this property. Internally, a private drive and parking lot will be provided. Underground parking beneath the units is to be provided for one space per unit. The balance of the park- ing will be in a parking lot to the west of the units and on the widened por- tion of the access drive in front of the units. Street grades of the access driveways must provide a relatively flat spot immediately north of Berry Ridge Road to allow cars to stop on a level area before proceeding into Berry Ridge Road. Also, drainage from Berry Ridge Road should be preventedfrom flowing down either driveway by raising the elevation of the entrance driveway above the center of Berry Ridge Road at the property line. It appears that the above ground parking is concentrated on the south and westerly side of the condominium units. Consideration should be given to sur- face parking near the east end of the units. Such location would provide more convenience for the owners of the easterly units and would provide the poten- tial for more adequate fire truck access to serve the north side of the east- erly portion of the development. EASEMENTS AND RIGHTS-OF-WAY The existing plat of Hilltops Estates provides the necessary right-of-way on Berry Ridge Road and the future widening of Pilot Knob Road. An easement will need to be acquired between this property and the trunk sanitary sewer line to the north to allow a connection to this trunk'sewer line. All other standard easements will be required at the time of final plat approval. SITE PLAN The engineering department has no other concerns pertaining to the proposed layout of the site plan. However, the sharply sloping topography of this site may require minor modifications during the preparation of the detailed site grading and development plan. The presently shown access points to Berry Ridge Road are satisfactory from a setback consideration from Pilot Knob Road for traffic purposes. 9313a Page 2. 4s 0 0 TRAILS/SIDEWALKS An existing trail on Berry Ridge Road leads from the east to a point near the southeast corner of this proposed plat. The trail then turns to the south along the proposed future street to County Road 30. It is understood that the Park Committee will be considering the desirability of providing a sidewalk or trail connection from the entrance of this development to that trail. Consideration should also be given to the installation of an 8' wide bitumin- ous surfaced walkway from the parking lot on the west end of the building around the northerly side of the development. Such a trail would provide con- venient access for the residents from the parking lot to their lower level en- trances and could be used as an emergency driveway by the fire department for fire protection purposes. ASSESSMENTS Trunk sanitary sewer, storm sewer and water area assessments have been levied under the Hilltop Estates Development. Also, all lateral sanitary sewer, water and street assessments along Berry Ridge Road have been levied to this property. The only other assessment required is for the future upgrading of Pilot Knob Road. Current policy would require a residential equivalent as- sessment for the 283.0 ft. of frontage on Pilot Knob Road. A current esti- mated residential equivalent is $35.00/front foot, resulting in an assessment of $9,905.00. This amount would be put in escrow and utilized for the Pilot Knob project when it is carried out in conjunction with the Dakota County Highway Department. I will be available to discuss in further detail any aspect relating to this report at the Planning Commission meeting of April 27, 1982. Respectfully submitted, Robert W. Rosene Consulting City Engineer RWR:1i 9313a Page 3. !y _1 67 , _. •i' j ,.0 nu I C A .I r� /BC�2P7-/02n5\ �(�/�-_ '/'". ; /-.o-4��✓I :! '\ 1 I \�l��. I C�B4sUO� J :1 1 DP -98200 I .1 #_E- 7 V„7ESC07_r-I WooM.1 864.062i�0.0 13-\GPREN O�--TLfs PJ-BB20 _P-61. "" f DP -IB - e� s)71.0• 00efoei 820 _ '•.r--V`/�-I 79s0 BP3i c "Jl:MJ1Yis L'Jt1. Jp-4 PJ -46 JP-' 1')8060 Q8300 , r °8660 UP 45 � V 832 ����••••"�ll-�yy,�yy,,, 8890 3 892.2 7, I I l Jf 872.0 B9zolk.V 40 JP -41/ 896 839.2 • I h ,,(P-47,i-�. \, / L"[ BB70 BP-301^� 1 \ / �, •/ 884/0 x 847.p JP -42 LD1,/ L5: 15i ��ppQ�gg C1 '..J -I ^'BS/t)• / '_�£Y , ar�K - FiS9"�I vt �y -.C.st -� C BaeO Z. �I�•Jgp_640- 5 U� MILL$ �� arr-/ e4 4 I Jr -32 '!,AH JPi5 L^ 8860/ �g�, I /," P 4� - r8390 '\. JP -II ---� 8900 I i I�BLA(,`��/ \�. 83'. 4�, B4a0 6! 8157 JP -44 / 13J 1-31 ^b _7 / BP 26'1 i._ B830'a � 9.7 7913 x9940 °aV J+l J -m- 2i �� I `4 - BLAAKXAN% 1I �T4_K ",n0�� I moi} J70.2 ,_ 1\ PARK i ` Jp- �� j 87.0 :SBP -2 1 Bze.o9 / m} _a JP -30 8740 �. / 794. B2B, JP -10 } 872.7 f �79a.0 %' 820.8 t 882.0 E, 8278 7iNip 6 C� q \ r,�y teFgp7-J„_gb_I I t�l_�13JP_B _ zBP \1Y 881-28 LS -12 sV189.0 866,0 // 18-b Oy j o 22 - J wA ' j i L✓ 9706 IIP=35 BPRO ;. �. L -r 873:2 1869.4 ; J -d8 JP_ -34 / / BB�P-3 / 42 I �d/ 872.9 .z• i�. -iZ. 8840 J-4 _A -e, 881.3 B•cr� BSOO yJ r ALE BB- (-4 12/JJP-48 tee` �� /dR i� PATRICK ~ =1 f / 4ti isI BB 0 LI 872} 59. _ r.464N II 1;': BP -25 924.0 1i eN o - e200 JP -29 B-4 9J0.0 DSII 8800 ' P-63 a 9233 ei i 111 I 856.0 1 -\ ``1 940.0 i JI '• _36 GB I,N e�, 12' ld B 0 }'I -gP-24_• m 1 T,. J+4a Nil J -t y I 918.011 929,0 % P-� - •«I I I " 74.0-- 1 R-44 _ LP -43 11 � 1 d � - mmrrs'��: •..�T r, }��j7 �� es3.o ! 1 X11 SBP-23�JP,/ • 9]6028 531 3 BP� -IB �� Q886.0 :�rr..••,, ��, S O�Q'BB'�-9-0. 4u1 Fx�: ���� -� LOCRN 11 03 / �! r 9030 , /e 9a1o6 8-91, LS..31Udi ra 902.Or v' (iii I� _ e - 1 \ LP -40 C _LP -61 - _ .�_ L _41' B9B.0--_�'H-SO I2 --BP- 5 abNU * 884.0 /,f+�' -903Q gggg20 --- 8884.4 BA44 -� N �] Iia _�_ j�.i;m,>r L 1 eee.o �: I., fS � r \ �. � - BP• \ syl LP -q 70,0 J BB0 - 1 -N LIP ' x{1881-19 '�. -'� n '1 BP II 879. 915hT 6.6 92 �9/901Vrtt168 /V'°� ��1..h�E� I'1 -'r�st,�9ovo_I�__•.>_ t.LiC s-' .::>4ee: std 100 -t---�,¢g6G'n� tiC! u -P 0, V. 'ak LS-Zb .`i m I// / /e•L��•I f r P ./ \'"�` i'.1 \III�__- I.i I�.`•� I11�YR.M�d FOP / GO_ULNTY !` - 62 .0 888630 867069ggB0 , C?p LP -389110 u 1661.3 LP 8730\/90 t LS -2 7 LP -6 Zc 09TA 9025 B -74.35 ([A��A.` L -.S---20_ _ f :9 1 4 2Y.0 / 9/30 9010 -LP-20CP10L 0 ' _5 LP -24 8,0 � 683.2 h/ 92LO � � \ 9 cxCEPr10N J'�� 8860 LP_ 56 19 I Li -19 ! 9640 LP 9700 912 •^_ ILeB7.0 �L?� ) SI`%�. STOM SEWM PIM 891..0 KOTA 9 LP -7 r ., 1\\ 9 Fj '918 6 'S LS- �'• -` J`DISF,}L- _. 1 - r 'v 9380 E• i \•,_ / 1 LP -12 / �/ LP -IT DAKOA COUh.Y 92d21K 67 LP -15 Sze, 1 LP -60 __t /--•7 14(�0))�'lxtr� __.716 n I 9600 II- 0 4 B" wage Rom y .: i t� Site flan lie,rryy Ridge CorxJoniigm /mnu omi .St.0 FlfF4 ,aC111[Cl5 ryC II 1 l .1 4 Preliminary Plat, iP-� 6lYW SII iCSo� I R-3 Fi wOp c R-1 l • / � fit r (-� R-1 cirr R -I I I H4L L' ..I PF A X� R-1 R' 1 ,.: Es Ort K 7-7 AD 2 ' PF �` C O- 1 •�ttt•�� �y4 L~� - a Y A. • <, , y •:. .f •�. � t 4�£\. i1 u yjy i. ,..� .t �•� L. !. !ti i i�i¢�T]}'!V^'i A III CL R-3 P1 •} �, � Y•'it •r r tiJt_..1� 4iL'ti 1 •,\.�1 R -I , J t �. ' R,z I PF s t f. Lp T J U • r' • r -t • 1 � I oi6' PF - j' T ice::.,, �'�-•�' I I \ e TS Ic RB aGB. �� _./ ..., �'- i t'.....i:•. <^^.:. Ind„„, - COMMERCIAL .'�•-{ PL.ANNEDDEVELOPMENT :. .... R-f I�.,,� ,Ind •°R Er/nnI.�IlI1 I.1-B M '• R-II RIII I /R A Ind rw.m.r�r^'i � \• r '” '':� _ F781�-/ •R-IV R-III i1�S 'b .I:� �j oa �.�nix i,� i � sn ' � /: RI-1 p •-1 �� O C3 NB v � I II /'y i-�� P 1 l,I : - R•19/�iA' - R-III R-III �n\� 1n �LBf R-II LLJJ if;CSC- din%i;r-= .a'I/nd �tT r' R-11 R4 �P J� .GOLF — R-[r-L U6 • P ^tet FR•�I n� C x �'I.i Int 1 till i�+% ' �� - R-0 ..P • Ind. <' w RII n.• �. a .. R-I-. �{ I „` � ^� E �� I.- :_jlj ..R II ->�iCr - \ O R-� - . •fi-IV, .', e`."``7 I ..,?. i. 6 moi`_' ... •� ',\ W _R-III HALL R-11 'Ell - _ R ILs' R..�N %Y gym., R-il� r F-�--• .-,..;HS...[ I- I ,1iC”. m �f-,.R-11 ��� s.T I•�, ReR 11 i Rt R NB RB �J, R•III S ?se; rho-i5`.•'." e - ... 'r -R-111 R It R-II!' R'1t..6� ,t,° i �r�IN��� `\ R-III CSC/GBIIB R-II` � - R-il p j `.r? C`^� zr E [ II�.Y ..t• L.,i; PQ R-11 / ;,,q• R II R-II P -� nr � s rim � -'< 1 ® '� R-II eri r �^ �•�'. �_ ay. a/i.i 1, lbltr 1-, ° �i' lyJ f SIC R_I IrN7- R-I i PIT '11'd1 SIA - P GbLI �..,. l ;: p R-II v.xe 3 p R-11 _. AI P e. ',.i• n' p an J,r .�ryaM �l ` �':� q. ) I ��.�—__ ILI \r VALLEY:---eROSENOUNT�. q I n APC Minutes April 27, 1982 JOAN A. TMM - JMTM, INC. The application of Roger Erickson and Ed Leier, dba Jatco, Inc_., for a conditional use permit to allow,a Mexican fast food restaurant in a Neighbor- hood Business District located at 1973 Silver Bell Center was convened by the Chairman. It was noted that there appeared to be adequate parking for this type of restaurant, which was to expect 508 sit-down and 508 take-out busi- ness. This was assuming that this Shopping Center continued to be a low- volume center and that the once proposed, hamburger and beer establishment was not being developed. The members also expressed concern that the applicant be responsible for any necessary receptacles for customers that would choose to eat their food outside of the building and dispose of the waste. Member Krob moved to recommend approval of the conditional use, subject to compliance with applicable ordinance provisions It was seconded by McCrea. All voted in favor. The public hearing for the application of Schuett Investment Co. for preliminary plat approval of Berry Ridge Condominiums was convened by the Chairman. This application would include 26 condominium units in 13 townhouse type structures, each containing an underground garage, first floor one - bedroom unit and a two-bedroom unit on the second and third floors. The plat consists of approximately 3.65 acres, located on Lot 11, Block 3, Hilltop Estates, which is zoned R-3 allowing for this amount of density. ,Roger Kreidberg appeared for Schuett Investment Co. along with a representative of an architectural firm. It was pointed out that these were condominiums as opposed to townhouses, due to the fact that one unit would be under/over another unit. Member McCrea expressed concern about the method of figuring the density of the plat. It was requested that several points of concern be addressed by the developer and staff prior to final plat. It was noted that the 20 foot green area along the westerly property line in condition 5 could be obtained either by shifting the entire project to the east, or by shifting all or part of the parking area to the east side of the property. The members also requested consideration for minimizing the drive or path around the north side of the building for fire protection. The consulting engineer was requested to consider whether the storm sewer retention pond proposed for the northeast corner of the proposed plat could be deleted. It was also noted that the developer may change the entrance to the garages bo the east end of the property and that fire hydrants would probably be installed at each end of the structures to allow adequate fire protection to the back side. There were no objections to the applica- tion. Krob moved, Wilkins seconded the motion to recommend approval of the application, subject to the following conditions: 1. A development agreement shall be completed prior to the construction of any of the dwelling units. Z APC Minutes April 27, 1982 2. A detailed landscape plan shall be approved by City staff and an adequate landscape bond shall be submitted with the final plat and not re- leased until one year after the landscaping has been completed. 3. The developer shall provide the City with a copy of the Declaration of Condominium, Articles and By -Laws for review. 4. The plat shall be subject to the Park Committee's recommendations and comments. 5. The development plan should be shifted to the east in order to provide a 20 foot green area between the westerly property line and the parking area. 6. The developer should consider installing parking areas on each side of the building and extending a drive or path around the north side of the building to provide adequate fire protection. 7. No more than 26 dwelling units shall be allowed for this development proposal. 8. All other City ordinances shall be applicable for the overall de- velopment proposal. 9. A detailed grading, drainage and erosion control plan must be re- viewed and approved prior to final plat approval. 10. Adequate utility easements must be provided to allow a connection to the existing trunk sanitary sewer along the north property line and the re- quired internal water main and two fire hydrants. 11. A storm sewer detention holding pond must be constructed in the northeast corner of this proposed plat to minimize the increased runoff from this development. 12. Trailway installations along Berry Ridge Road should be in confor- mance with the requirements of the Park and Recreation Committee. 13. This development shall provide for a residential street equivalent assessment escrow for the 283 feet of frontage adjacent to Pilot Knob Road to cover this plat's financial responsibilities for the future upgrading of Pilot Knob Road. This escrow shall be determined of the residential. street equiva- lent rate for multiple dwelling zoning at the time of final plat approval. All voted in favor. 3 -13 0 May 11, 1982 JMEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: ADVISORY PARKS AND RECREATION COMMITTEE'S RECOMMENDATION - BERRY RIDGE PRELIMINARY PLAT On Thursday, May 6, 1982 the Advisory Parks and Recreation Committee reviewed the preliminary plat for Berry Ridge. The parks dedication has previously been satisfied for this parcel. The committee did review the plat for possible trail construction. After review the committee's motion was not to include any trails or additional parks requirements within the plat. cc: Dale Runkle, City Planner Paul Hauge, City Attorney Judy Chaffee, Planning Secretary Tom Colbert, Director of Public Works -74 0 0 Agenda Information Memo May 14, 1982 Page Twenty IRB FINANCING REQUEST - TIME EXTENSION D. Pilot Knob Shopping Center, IRB Financing/Request for Time Extension -- Mr. Ronald Krank, representing the architect interior design firm of Korsunsky Krank Erickson Architects, Inc., is requesting on behalf of Kraus Anderson a time extension on the pending preliminary approval for industrial revenue bond financing for the Pilot Knob Shopping Center. The resolution was adopted at the March 17, 1981 City Council meeting, approving industrial revenue bond financing in the amount $5,500,000 for construction of the Pilot Knob Shopping Center. According to the guidelines set forth by the City, each industrial revenue financing approval is for a period of fifteen months. Therefore, the industrial finan- cing will expire on June 17, 1982 for this issue unless a time extension is granted. The City has provided a time extension during the past two years for other industrial bond applications. For a copy of the letter requesting a time extension, refer to page 76 . If the City Council desires a time extension, one (1) year is the period of time that has been granted for previous time extension requests. The reason for the request is due to the in- ability to obtain satisfactory financing as a result of high in- terest rates and the depressed construction economy. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the time extension for considering industrial revenue bond financing for the Pilot Knob Shopping Center Project. 75 11 KORSUNSKY KRANK ERICKSON ARCHITECTS. INC. February 12, 1982 Mr. Tom Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Re: Pilot Knob Shopping Center Comm. No. 80-124 Dear Tom: ARCHITECTS • PLANNERS • INTERIOR DESIGN According to our records, it appears that the industrial revenue bond resolution which we received approval of on March 17, 1982 will expire on June 17, 1982. As you are aware from our prior conversations, we have had difficulty in obtaining satisfactory financing. We are still very optimistic about our ability to resolve the financing and still proceed this year. However, this is taking longer than expected and it is, therefore, extremely important for us to obtain an extension of the preliminary resolution. Would you please advise us as to how we should proceed to process the approval application from the City Council. Yours very truly, KORSUNSKY KRANK ERICKSON ARCHITECTS, INC. Ronal ,Krank, A I. . RK:kt 570 GALAXY BUILDING 330 SECOND AVENUE SOUTH MINNEAPOLIS. MINNESOTA 55401 (612)339-4200 0 0 Agenda Information Memo May 14, 1982 Page Twenty -One LONE OAK HEIGHTS/TEMPORARY SALES OFFICE E. Lone Oak Heights for Temporary Sales Office -- Midwestern Asso- ciates was given authorization to proceed with the Lone Oak Heights condominium and town house project by the City Council at its April 20, 1982 meeting. 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 should be processed as a revision to the preliminary plat. The sales office would be temporary until all condominiums and townhouse units are complete. The trailer would be approximately 10' x 26' in size and it would be located next to the existing construction trailer. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the temporary sales office for Lone Oak Heights preliminary plat as requested. "77 Agenda Information Memo May 14, 1982 Page Twenty -Two CONTRACT 82-4 E A. Contract 82-4, Receive Bids/Award Contract (Twin View Manor 2nd Addition et al, Streets) -- On Tuesday, May 11, 1982, formal bids were received at City Hall for the above referenced contract. The results of the bid opening and the low bid's comparison to the feasibility report are presented on page -77 for the Council's information. Please note that the bids received for Project 335B under this contract exceeded the feasibility report estimate by 10.24%. In accordance with the new City policy, the developer has been informed that the bids received have exceeded the feasi- bility report estimate by more than 10%. The developer has been requested to sign a letter stating his knowledge of this overrun and his acceptance of the bids as submitted. If the staff has not received this letter of concurrence by the May 18 Council meeting, it is recommended that this project be deleted from the contract award consideration, resulting in the contract being awarded to the low bidder, Bituminous Roadways, deleting Project 335B (Twin View Manor 2nd Addition). Upon checking the extensions and additions of the bids submitted, an error was discovered in the low bid resulting in a corrected amount of $180,600. ACTION TO BE CONSIDERED ON THIS MATTER: Contract 82-4 and award the contract to Roadways, Inc., in the amount of $180,600. No To receive the bids for the low bidder, Bituminous 6 Our File No STREET IMPROVEMENTS CITY CONTRAC'r N0. 82-4 PROJECTS 335B, 340B,341B, s 346B� LAGAN, MINNESOTA CONTRACTORS 1. Bituminous Roadways 2. McNamara Vivant Contracting Co. 3. Alexander Construction Co. 4. Hardrives Inc. 5. Pine Bend Paving Co. 6. Northwest Asphalt Inc. BID TIME: 10:30 A.H., C.D.S.T. BID DATE: TUESDAY, MAY 11, 1982 TOTAL BASE BID $180,420.00 187,686.40 196,568.10 197,375.20 199,044.50 203,035.85 (F. R. ) Over (+) Project Location Feasibility Report Eng.Est. Low Bid % UnderF.R. 335B Twin View Manor 2nd 340B Windcrest 2nd 341B Windtree 2nd 346B Cinnamon Ridge 1st TOTALS: $16,680.00 $17,400. $18,387.70 10.24 (+) 43,400.00 33,800 30,836.20 28.95 (-) 81,855.00 67,740 62,491.30 23.66 (-) 88,540.00 75,240 68,704.80 22.40 (-) $230,475.00 $194,180 $180,420.00 21.72 (-) -79 0 0 Agenda Information Memo May 14, 1982 Page Twenty -Three 1982 HEALTH INSURANCE BIDS B. 1982 Health Insurance Bids -- At the April 6, 1982 City Council meeting, the City Administrator reported that the City had received a proposed health insurance increase of approximately 28% and fur- ther that any amount exceeding a 20% increase requires by statute that the City bid the health insurance coverage for all City em- ployees. Authorization was given at that City Council meeting to proceed with the preparation of plans and specification for health insurance, advertise for bids•, with a bid opening scheduled for May 14, 1982 at 3:00 p.m. The bids will be opened at that time, reviewed by the City Clerk and City Administrator on Monday, May 17, 1982, with a brief memorandum, bid tabulation and analysis provided with the administrative packet for each member of the City Council on that same date. As a reminder, the present family coverage for health, life and disability insurance averages from $92 to $100 per month and the proposed package will be approximately $120 to $128 per month per family. The City budgeted $120 for each employee during 1982. Since three months are at the old rate and 9 months will be at the new rate and some employees are on single coverage which is considerably less, the new costs proposed by Mutual Services Insurance or some bidder that may have a lower amount will be within the budget for this year. The reason there is a range in the family coverage is due to the different rates for disability insurance per employee. The City Administrator and City Clerk are recommending that health, disability and life insurance be bid on a calendar year basis to stay more consistent with union negotiations, and, therefore, in order to make a conver- sion from the fiscal year, April 1 through March 31, this insurance package will be in effect until December 31, 1982. The City is presently paying the new premium to Mutual Service Insurance for the months of April and May, and if they are the successful bidder, the City will continue on with the payment schedule as presented. If a new insurance company is contracted by the City, the effective date of agreement between the City of Eagan and that insurance company would be June 1, 1982 for the remainder of the year. Tradi- tionally, the City has negotiated union contracts and employee agreements during the fall of each calendar year with no idea as to what may occur with insurance premiums which are normally pre- sented to the City in February or early March for an April 1 re- newal. By changing from a fiscal to a calendar year, the City should receive any proposed adjustments to the health insurance premium in October or November which is more consistent with con- tract negotiations. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the successful health insurance bid. h e 0 0 Agenda Information Memo May 14, 1982 Page Twenty -Four BECC UPDATE C. Joint Burnsville/Eagan Cable Commission Update -- The joint commission met on May 13, 1982 to discuss the following agenda items: proposed bylaws, local ownership structures, demographic discussions, and a policy decision overview. Commission vice chair- man Jim Smith was acting chairman in the absence of Paul Wood and will provide an update to the City Council at the meeting on Tues- day. There is no action required by the City Council. 01 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 14, 1982 SUBJECT: INFORMATIVE Lone Oak Heights Development The City has received a letter from Mr. John Gustin, President of Timberline Civic Association, a copy of which is enclosed on pages SAC through 0.5 for your reference. Protective Inspection Report The monthly report for April 1982 and year to date totals for the Protective Inspection Department are enclosed on page S& . The City Council will notice in this monthly reporting t ah t a brief labor distribution is shown for actual inspection and office hours for the inspection department. Our new payroll system, LOGIS, has allowed all departments to accurately record labor distribution. In the future, the City Administrator will attempt to provide more labor distribution information to the City Council for all depart- ments. Mobile Manufactured Housi The City received an action alert from the League of Minnesota Cities stating that Minnesota Laws, 1982, Chapter 490, amending MS 462.357, Subdivision 1, changes the Municipal Planning Act to prohibit the exclusion of mobile/manufactured homes from cities. These provisions are not effective until August 1, 1982. In order to provide some control so that mobile/manufacured homes are not placed ramdomly throughout the City of Eagan in single family zoning districts, it is recommended that certain zoning ordinance amend- ments be given consideration. Please refer to the attached informa- tion from the League of Minnesota Cities found on pages 137 through $9 for further information. If the City Council so desires, further staff input and an amendment to the zoning ordinance can be drafted and placed on a future City Council agenda for considera- tion. AMM Annual Meeting The AMM Annual Meeting is scheduled for Wednesday, May 26, at the Sheraton Inn Northwest in Brooklyn Park. Enclosed on pages 1 through --mber is a copy of the notice and nominating committee report. Any meof the City Council. who wishes to attend should notify the City Administrator at the meeting on Tuesday so reserva- tions can be made for you. Please note that spouses are welcome to attend the annual meeting as was the case last year. .52 0 0 Informative Memo May 14, 1982 Page Two Tax Exempt Mortgage Financing Enclosed on pages 73 through 9 S is the most recent information pertaining to the tax exempt mortgage financing program. As stated on the information, 99% of the loans are pre -committed and only approximately $33,000 remains for the program. There have been 296 loans including both low income and basic income provided under the program. Conciliation Court The City of Eagan appeared in conciliation court as the defendent in a case involving Stacy Marie Malcolm who resides at 1919 Silver Bell Road, the plaintiff, over a charge that due to the discolora- tion of the water, her laundry was ruined and she requested payment for her laundry by the City of Eagan. The City Clerk appeared before Judge Mitchell on May 3, 1982, and upon listening to the case stated by Stacy Malcolm and the City's position on the matter, the judge has ruled that the City does not owe Ms. Malcolm any amount of money as a judgment for her claim. The City of Eagan had taken the position in conciliation court that discoloration of the water does not ruin the clothes, it merely changes the color, and in fact, the City had given Ms. Malcolm a solution called Rover to restore the natural color of the laundry and there was no valid claim or judgment against the City of Eagan. MTC "Opt Out" Program Mayor Blomquist received information from MnDOT Commissioner Richard Braun that outlines the program referred to as the "Opt Out" program providing for local communities in certain circumstances to qualify for transit funds equivalent to 90% of the property tax levied by the Metropolitan Transit Commission in the community. Enclosed on pages through /� is a copy of the letter and the Metro- politan Transit Demonstration Program. [!' r� May 4, 1982 Eagan City Council Eagan City Hall 3795 Pilot Knob Road Eagan, Minnesota 55122 Re: Lone Oak Heights Development Gentlemen: In the opinion of the Timberline Civic Association, the City Council's recent decision to approve the plat of Midwestern Associates and thereby allow the construction of another apartment/townhouse development in Section 9 borders on the irresponsible. The City's own Comprehensive Plan recognized, as early as 1978, the overcrowding which is taking place in this area. We would remind you that you were presented with a petition signed by approximately 300 homeowners in the neighborhood surrounding the Lone Oak Heights Development requesting that steps be taken to rezone that property to a lower density classification. You, as a City Council, completely ignored that petition. At least, no public hearings were held on it and no City Council vote was taken. With hindsight, it would not appear that the Council would have had the resolve to down -zone anyway. One reading the Eagan Chronicle's account of the hearing where the Lone Oak Heights plat was approved would get the definite impression that all one has to do to push through a plat approval is to threaten the City Council with a lawsuit. Your own City Attorney, Mr. Hauge, provided you with an opinion which would have supported the ability of the City Council to rezone that property without the need for "buying back" the zoning. Just why that opinion was ignored in the face of a threat from Mr. LeVander is most puzzling. Commissioners Smith, Wachtler and Egan apparently felt that the dedication of four acres of land back in 1975 for park purposes entitled Mr. Shields, the landowner, to perpetually have his land zoned RAII and RAV, irrespective of how the remainder of the area developed from 1975 through 1982. In their concern for the deal struck with Mr. Shields in 1975, it is unfortunate that these gentlemen did not recall the commitments that had been made to the residents of the area concerning -9/f 0 0 Eagan City Council Page 2 May 4, 1982 the development of the Pilot Knob Park. We would certainly invite all of the City Council out to view that "park", a euphemistic term for a grass - filled swamp surrounded by an asphalt ring, which, in its present condition, only serves as a mosquito breeding ground. The water level is artificially maintained at its present low condition by means of a storm sewer system which was also installed against the wishes of the neighborhood residents, but at their cost. Because of this unwanted project, Mr. Shields has been able to reclaim a larger area for sale to the developer as building sites, all to the detriment of the neighborhood as a whole. Back in 1975, when the arrangement was made to rezone the Martin Shields property, the plans for the Pilot Knob Park called for the establishment of a water level such that an attractive pond with bridges, a floating platform and walkways would result. If the City Engineer's firm has properly installed the water level control structures, it should be possible to raise the water level to the point where the pond comprises open water rather than an unsightly slough. We request that such an action be taken and that the promised amenities be constructed. It is unfortunate that the City Council does not pay more heed to the wishes of the existing residents, but instead caters to the money interests of the developers who momentarily come upon the scene, plant their high - profit, low-cost, crowded building sites and then move on, leaving the citizens to cope with the blight and other problems that such practices portend. Respectfully submitted, TIMBERLINE CIVIC ASSOCIATION es' ent r� PROTFCTIVf? zs criorS • M)NTRLY RPPORT APRIL, 1982 MSP=ON/OFFICF FOMS Type Units valuation Pewmat Fee Year -Tb -Date Building �� Sin ie Famil Plumbing 101.0 354.0 AVAC 49.5 176.5 Admdnistrative/Office 76.0 785.0 Fire Marshal 87.0 150.0 Miscellaneous 22.0 89.0 General Office 153.0 535.0 Permit Process'F, 108.5 348.5 city Council Meetings 0,0 1.5 NU MER OF PMMTS ISSUED $ 5,859.50 0 Industrial This Month Year -Tb -Date Building 53 159 Plumbing 46 119 74VAC 43 135 Electric 59 188 Water Softener 1 20 [Jell, Cesspool, Septic Tank 0 0 Sighs 7 19 NATURF. OF B=IMG PELl=S ISSM Nkriber Type Units valuation Pewmat Fee Plan check Fee Thtal*� 21 Sin ie Famil 21 $1,178,500.00 $ 6,7.98.50 $3,149.25 $36,182.7.5 6 ]hmlex 6 $ 282,000.00 $ 1,600.50 $ 800.25 $10,012.25 8 1SAti-Rmdly 8 $ 2,98,000.00 S 1,760.00 $ 880.00 $12,744.00 1 Commerical 1 $ 82,000.00 $ . 379.00 $ 189.50 $ 5,859.50 0 Industrial 0 0 0 0 0 0 Institutional 0 0 0 0 0 2 Res. Garage 2 $ 15,800.00 $ 137.00 $ 68.50 $ 213.50 2 Scrim. Pool 2 $ 17,000.00 $ 143.00 $ 71.50 $ 223.00 13 Miscellaneous 13 S 59,495.00 $ 559.00 $ 122.50 $ 713.00 53 TOTALS 53 $1,922,795.00 $10,877.00 $5,281.00 $65,947.50 * Total Fees Include: P.uildinr, Permit Fee, Sur-(h3rge, Plan Check Fee, SAC Lhit Fee, I -titer Connection Fee, Ihter Meter Fee and Road Licit Fee. ED April 15, 1982 TO: City Managers, Administrators, Clerks (Please pass a copy along to your city planner or zoning administrator) FROM: Duke Addicks, Legislative Counsel Cathy Quiggle, Research Assistant RE: Mobile/Manufactured Housing Minnesota Laws 1982, Chapter 490 amending M.S. 462.357, Subd. 1 changes the Municipal Planning Act to prohibit the exclusion of mobile/manufactured homes from cities. (The complete text of the law as amended is enclosed. New language is underlined, old language is stricken.) These new provisions are not effective until August 1, 1982. Until then, any manufactured homes are subject to the zoning ordinance presently in effect in a city. Pursuant to this new legislation, by August 1, 1982, cities may wish to amend their zoning ordinances to establish the following: 1, design standards for dwellings in residential districts such as: minimum width, minimum square footage, siding material, roof lines, type of foundation requirements; 2, residential district(s) in which only dwellings meeting the Uniform Building Code are permitted; 3. residential district(s) in which manufactured homes as defined by M.S. 327.31-327.35 (not required by law to meet the Uniform Building Code) are permitted as well as site built homes which meet the Uniform Building Code, i.e. a mixed district; 4, mobile home park district(s) for those mobile homes unable to meet design standards in residential districts. There is some confusion over whether the establishment of the above mentioned design standards is now the only legal method of regulating the location of manufactured homes within a city. The Michigan Supreme Court held in Robinson Township v. Donald Knoll, 302 NW 2d 146 (Mich, 1981), that a municipality's exclusion of mobile homes (OVER) 87 .,eadr sccear- miinnesccR -J Ir_ _ C j r .eu•...1 .d..� ..rY. ..... •-_....ru r -,.fir., r.... ...�. -1 April 15, 1982 TO: City Managers, Administrators, Clerks (Please pass a copy along to your city planner or zoning administrator) FROM: Duke Addicks, Legislative Counsel Cathy Quiggle, Research Assistant RE: Mobile/Manufactured Housing Minnesota Laws 1982, Chapter 490 amending M.S. 462.357, Subd. 1 changes the Municipal Planning Act to prohibit the exclusion of mobile/manufactured homes from cities. (The complete text of the law as amended is enclosed. New language is underlined, old language is stricken.) These new provisions are not effective until August 1, 1982. Until then, any manufactured homes are subject to the zoning ordinance presently in effect in a city. Pursuant to this new legislation, by August 1, 1982, cities may wish to amend their zoning ordinances to establish the following: 1, design standards for dwellings in residential districts such as: minimum width, minimum square footage, siding material, roof lines, type of foundation requirements; 2, residential district(s) in which only dwellings meeting the Uniform Building Code are permitted; 3. residential district(s) in which manufactured homes as defined by M.S. 327.31-327.35 (not required by law to meet the Uniform Building Code) are permitted as well as site built homes which meet the Uniform Building Code, i.e. a mixed district; 4, mobile home park district(s) for those mobile homes unable to meet design standards in residential districts. There is some confusion over whether the establishment of the above mentioned design standards is now the only legal method of regulating the location of manufactured homes within a city. The Michigan Supreme Court held in Robinson Township v. Donald Knoll, 302 NW 2d 146 (Mich, 1981), that a municipality's exclusion of mobile homes (OVER) 87 .,eadr sccear- miinnesccR -J Ir_ _ n u -2- 1] from all areas not designated as mobile home parks had no reasonable basis under the police power and was therefore unconstitutional. The Court stated, however, that a mobile home could be excluded if it failed to satisfy reasonable standards designed to assure favorable comparisons with permitted site built housing. Thus, regulation by design standards applicable to both site built and manufactured housing seems to be the preferred approach. It can be argued, however, that under the city's authority to regulate by class of building (M.S. 462.357, Subd. 1) it can establish some residential districts which permit manufactured homes and some which do not. The fact that manufactured homes are subject to a different building code than site built homes would seem to be a recognition that they are, in fact, a different class of building. It can also be argued that the intent of the legislature in passing the new law was to prohibit only the total exclusionof manufactured homes from a city. Lira 24 of the bill originally read, "No regulation or single family zoning ordinance may prohibit ... manufactured homes built in conformance with sections 327.31,Subd. 6, or any other single family dwellings that comply with all other zoning ordinances promulgated pursuant to this section." It would seem that if the legislature intended to prohibit the exclusion of manufactured homes from all single family districts it would have passed the bill as originally written instead of passing the amended version which deleted the phrase "single family zoning ordinance". Therefore, if the city were to establish some district permitting manufactured homes within the city, it would seem to be in compliance with the intent of the law. Again these changes in the Municipal Planning Act do not become effective until August 1, 1982. Because the application of the law is unclear we will pass along further information as it becomes available. If you have further questions please call Cathy Quiggle at the League office. Through April 23rd our phone number will be (612) 222-2861; thereafter, it will be (612) 227-5600. DA: CQ:rmm Attach. 0 Sec. 2. Minnesota Statutes 1980, Section 462.357, Subdivision 1, is amended to read: Subdivision 1. (AUTHORITY FOR ZONING.) For the purpose of promoting the public health, safety, morals and general welfare, a municipality may by ordinance regulate the location, height, width, bulk, type of foundation, number of stories, size of buildings and other structures, the percentage of lot which may be occupied, the size of yards and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, conservation of shorelands, as defined in section 105.485, access to direct sunlight for solar energy systems as defined in section 116H.02, flood control or other purposes, and may establish standards and procedures regulating such uses. No regulation may prohibit earth sheltered construction as defined in section 116H.02, subdivision 3, or manufactured homes built in conformance with sections 327.31 to 327.35 that eempies comply with all other zoning ordinances promulgated pursuan to t- iii s section. The regu ations may divide the municipality into districts or zones of suitable numbers, shape and area. The regulations shall be uniform for each class or kind of buildings, structures or land and for each class or kind of use throughout such district, but the regulations in one district may differ from those in other districts. The ordinance embodying these -regulations shall be known as the zoning ordinance and shall consist of text and maps. A city may by ordinance extend the application of its zoning regulations to unincorporated territory located within two miles of its limits in any direction, but not in a county or town which has adopted zoning regulations; provided that where two or more noncontiguous municipali- ties have boundaries less than four miles apart, each is authorized to control the zoning of land on its side of a line equidistant between the two noncontiguous muni- cipalities unless a town or county in the affected area has adopted zoning regulations. Any city may thereafter enforce such regulations in the area to the same extent as if such property were situated within its corporate limits, until the county or town board adopts a comprehensive zoning regulation which includes the area. /rmm 4/15/82 m 0 0 40 association of metropolitan municipalities NOTICE OF ANNUAL MEETING DATE: Wednesday, May 26, 1982 PLACE: Sheraton Inn - Northwest I-94 & Hwy. 52 Brooklyn Park, Minnesota 5:30 to 6:30 P.M. 6:30 to 7:30 P.M. 7:30 P.M. Social Hour Buffet Dinner Annual Business Meeting (sponsored by '.!filler Entree: & Schroeder Munici- Roast Round of Beef pals, Inc.) and Baked Turkey COST: $15.00 per person BUSINESS 11EETING AGENDA 1. Call to Order - James Krautkremer, President 2. Introduction of Guests and Retiring Board Members. 3. Keynote address: Representative John Brandl, Chairman of the Legislative Commission on Metropolitan Governance. "What are we learning from the study of Metropolitan Governance". 4. Annual Report: President James Krau.tkr.emer. 5. Election of Officers and Directors - Dick Asleson, Nominating Committee Chairperson (Committee report enclosed). 6. Comments: President Elect 7. Announcements. 8. Other Business. 9. Adjournment. PLEASE NOTE: A. Each City should send at least one delegate to cast its vote. Cities are encouraged, however, to send as many additional representatives as possible. Spouses and guests welcome. B. Dinner reservations must be confirmed to Carol Williams at the AMM office (227-5600) by noon on Monday, May 24th. C. This notice is being sent to Mayors, Del-egates and City Administratil Officials. 300 hanover bldg. 480 cedar street, st. paul, minnesota 55101 (612) 222-2861 1] May 5, 1.982 TO: Member City Officials 0 FROM: Dick Asleson, Chairperson, Nominating Committee RE: Nominating Committee Report Pursuant to Article IX, Section 3 of the By -Laws, a Nominating Committee was appointed by the AMM Board of Directors on March 4, 1982. The Committee has completed its work and has nominated the below listed persons for consideration at the Annual sleeting on May 26th. For President: Plary Anderson, Councilmember, Golden Valley For Vice -President: Jack Irving, Manager, Crystal For Board of Directors: Two -Year Terms (8 to be elected): Ron Backes, Councilmember, St. Louis Park Bill Barnhart, Senior Planner, Minneapolis Jerry Dulger, Manager, Anoka Laura Fraser, Councilmember, Lal.e Elmo Jim Miller, Manager, Minnetonka Jackie Slater, Alderman, Minneapolis James Spore, Manager, Burnsville Bob Sundland, Mayor, St. Anthony One -Year Terms (2 to be elected): Gary Bastian, Councilmember, Maplewood Neil Peterson, Councilmember, Bloomington * Additional candidates may be nominated by any voting delegate from the floor at the Annual fleeting. (over) 0 0 ?Member City Officials May 5, 1952 Page 2 Board members whose terms expire ;.fay, 198 Greg Blees, Budget Director, St. Paul Bea Blomquist, Mayor, Fagan Bill Sandberg, Mayor, North St. Paul Dennis Schneider, Councilmember, Fridley Joanne Showalter, Councilmember; St. Paul Bob Thistle, Manager, Coon Rapids .1c..bers of the ..'Omi aL 7.n— CoIIH^Lt?: ce Dick Asleson, Administrator, Apple Valley Tim Flaherty, Legislature Liaison, Minneapolis Jack Irving, Manager, Crystal Don Masterson, Mayor, Spring Lake Park Carl Meissner, Administrator, Cottage Grove Connie Morrison, Councilmember, Burnsville Bill Sandberg, :Mayor, North St. Paul Tom Spies, Councilmember, Bloomington 9� BANCO MORTGE COMPAN 794 Pillsbury Build Y Program Administ Department 608 2nd Avenue South Minneapolis. MN 55402 612/343-3741 May 6, 1982 Mr. James Ehrenberg First Trust Company of St. Paul 332 Minnesota Street St. Paul, MN 55101 RE: Eagan BMIR Program Dear Mr. Ehrenberg: Attached is the monthly transaction report for the period ending April 30, 1982. If you should have any further questions regarding this report, please do not hesitate to call. BANCO MORTGAGE COMPANY ADMINISTRATOR-SERVICER/CITY OF EAGAN i J Karen Hengel Bookkeeper Enc. CC: Tom Hedges / City of Eagan Paul Ekholm / Miller 6 Schroeder cf.-� 9 DATE: May 6, • CITY OF E7CAN : 41' Statistical Data-- Amount of Program $16,940,000 Total Amount of Pre-:amtitted Loans $ 16,907,275 Percentage of Loans Pre-Cortmitted 99 % Low Income Basic Income Total Number of Loans 155 141 Average Mortgage Amount $ 53,011 $ 61,635 Average Sale Price 59,423 67,030 Average Appraisal Value 59,890 68,105 Average Adjusted Gross Incane 20,274 25,047 Average Gross Income 21,581 26,742 Type of Iran: Insured Conventional 7 21 Uninsured Conventional g 7 FFA 47 69 VA 28 39 Graduated Pledge 65 5 Average Iran to Value Ratio: Insured Conventional 88% Uninsured Conventional 90% 71% 74% Number of New Construction Loans 120 106 Number of Existing Loans 35 35 Type of Dwelling: Single Family 80 Townhouse 22 97 Condominium 53 28 16 Mobile Hanes 0 0 Average Previous Residents 17% 23% Number of Renters 111 100 Number of Owners Average Age 44 41 Sex: '10 Male 29.6 Female 106 131 49 10 Average Fatmily Size 1.8 2.4 Average Number of Children .4-�-- . Marital Status: Married 68 Single 96 Joint 78 25 Divorced 5 14 FUNDING: -„ 4 6 Dollar, Amount of Loans Funded $ 16,903,100 NCffber OL loans 296 : 41' DATE: May 6, 1982 CITY OF EAGAN $16,940,000 --Amount of Program Dollar Amount of Funds Remaining $ 32,725 PLEASE NOTE: This amount can be utilized in any of the following categories: Single Family, Townhouse, Condo, Mobile Home; Low or Basic Incomes; or any Conventional Loans, including Conventional 95%. This does,not include the Graduated Pledge Account. At this time, there are no Graduated Pledqe Funds available. Total Pre -Commitment Amount $ 16,907,275 Total Reserved (Yet to be Pre-Comnitted) $ -0- $ 16,940,000 9S F nO0�p1NESpTq 20 Minnesota Department of Transportation Transportation Building TRPay¢0 St. Paul, Minnesota 55155 ��1rOF office of Commissioner May 6, 1982 Honorable Beatta Bloomquist Mayor of Eagan 4504 Oak Chase Road Eagan, Minnesota 55122 Dear Mayor Bloomquist: • (612) 2963000 Enclosed for your information are guidelines for the implementation of the Metropolitan Transit Service Demonstration Program established by the 1981 Legislature. This program, commonly referred to as the "Opt Out" program, provides for local communities in certain circumstances to qualify for transit funds equivalent to 90% of the property tax levied by the Metropolitan Transit Commission in the community. Please contact Mn/DOT staff if you are interested in the program. Sincerely, Richard P. Braun Commissioner Enclosure cc: Lou Olson, M.T.C. in An Equal Opportunity Employer METROPOLITAN TRANSIT SERVICE DEMONSTRATION PROGRAM IMPLEMENTATION GUIDELINES �r�rtrsESprq yt ` i D -A43 or April 198? 97 • INTRODUCTION • The enclosed guidelines have been drafted to facilitate implementation of the Metropolitan Transit Service Demonstration Program, more commonly known as the "Opt Out" Program. This program was established by the 1981 Legislature in order to "provide financial assistance for projects designed to test the efficiency and effectiveness of alternative methods of providing public transit service for communities that are within the metropolitan transit taxing district but are not adequately served by existing regular route transit." In effect, this legislation authorizes the Commissioner of Transportation to contract with a city or group of cities that proposes to replace MTC transit service with an alternative. The contract would be funded by withholding state funds appropriated for the MTC. The withheld amount would be up to or equal to 90% of the local property taxes levied by the MTC in the "opt out" community. In order to receive those funds, an application must be submitted to and approved by the Commissioner. Approvals will be subject to conformance with the guidelines outlined below. The guidelines focus on three parts: 1. Eligibility Criteria: These criteria must be met by a community before an application can be considered by the Commissioner of Transportation. The criteria are based on a liberal interpretation of legislation so as to permit consideration of_as many proposals as possible. 2. Replacement Service: Service criteria must be met before the Commissioner can approve an application. These criteria, based on legislation, are intended to ensure that all relevant service cost, efficiency and effectiveness factors are compared. Failure to fully evaluate the proposed service may result in "surprises" for the local. officials and possible lower service quality for users. 3. Application Processing: This part described what will happen to applications submitted to the Commissioner. This process is established by existing legislation that permits little discretion. All applications will be considered in an expeditious manner. Questions regarding these guidelines should be addressed to: Robert J. Menke, Manager Transit Planning Unit 820 Transportation building St. Paul, Minnesota 55155 612-297-2069 Gt I. Eligibility Criteria: These criteria shall be used to determine if a city or group of cities are eligible to receive financial assistance and if the proposed service meets the program purpose. A. Recipient Eligibility: The recipient city or group of cities shall: 1) Be located within the metropolitan transit taxing district per M.S. 473.446, subd. 2, and 2) (a) Not be served by the MTC. (This will include those communities served by private operators who are not funded by the MTC.), or (b) Be served only with routes which end or being within the recipient area, and 3) Receive three or fewer weekday scheduled runs during the hours of 9:00 am to 3:00 pm. (Scheduled runs are defined as round trip opportunities into or out of a recipient's area.) Eligibility determinations will include consideration of pending MTC service reductions. If an applicant requests funding on the grounds that the applicant -'s area is "not adequately served" by routes meeting criteria 2(b) and 3, the request will be considered and evaluated by Mn/DOT on the following criteria (based on MCAR 1.4026, 1.4027 and 1.4028): 4) The extent that routes penetrate the applicant's developed area, 5) The extent that residents have convenient access to existing service,. 6) The extent that scheduled service meets the desired time for service usage. B. Service Eligibility: The service proposed for funding shall: 1) Be designed to replace and substitute for existing MTC service. (Replacement will be defined so that similar origin/desti.nation travel opportunities must be provided. Alterations in vehicle types and service frequency will be considered.) 2) Require a subsidy per pas!alnnger no greater than the average subsidy per passenger pec route and the average subsidy per passenger per trip set by the MTC as its standard in its current transportation development program. WWI II. Application Requirements: The application for funding for replacement service must evidence a thorough 'management plan per 14 MCAR 1.4028. Actual operating data should be obtained from the MTC where possible. Specific items that should be included are: A. Existing Service Analysis 1) Current routes and ridership 2) Current schedules 3) Current fares B. Proposed Service Description 1) Anticipated routes and ridership 2) Proposed schedules 3) Proposed fares 4) Coordination with other public and/or private service C. Financial Analysis 1) Existing service cost and subsidy 2) Proposed service cost and subsidy 3) Total available local transit funds 4) Percent of local funds to be used 5) Amount of state funds requested D. Service Objectives 1) Clientele to be served 2) Performance standards to be met 3) Community objectives to be served E. Program Commitment 1) Resolution(s) from applicant governing bodies that indicate intent to operate the replacement service for a minimum of one year. 2) Statement describing the. opportunities for public input to the service plan. 3) Statements of support groups (e.g., Chamber Citizens, etc.). /00 from appropriate community Of Commerce, Senior ,• .. .So .. M•b.AveeilL aar�,Nq A�.Y,Yh'/ III. Application Approval Process: Applications for funding will be processed in accordance with review and approval requirements stated below. Upon receipt, Mn/DOT will submit copies to the MTC for review and comment and to the Metropolitan Council for review and concurrance per statutory requirements (14 MCAR 1.4025, Sec. C). A. MTC Review - The MTC will review and comment on: 1) Accuracy of the existing service description 2) Anticipated impact on the MTC system 3) Current subsidy analysis B. Metropolitan Council Review - The Met Council will review and approve based on: 1) Consistency with metropolitan system plans 2) Consistency with metropolitan system policies C. Mn/DOT Review/Approval - The Mn/DOT will complete its review and render its decision within 45 days of receipt- of the proposal. Approved replacement services will be funded for the balance of the initial calendar year. Subsequent years' service will be funded on a calendar year basis in accordance with budget cycle deadlines used for all recipients of state funds. In approving the replacement service, adequate provisions for phase out of existing service will be required. Requests for additional services requiring state funds to be matched with available local funds not used for replacement service, or matched with other local funds, will be approved only on a calendar year basis in accordance with budget cycle timetables. Request approval will be subject to availability of program funds. IV. Termination of Replacement Service-_: In the event that a community chose to discontinue its replacement service, assistance funds will revert to the MTC. Where applicable, resumption of MTC service will be managed sc as to ensure minimum disruption of service availability. /Q