Loading...
07/20/1982 - City Council RegularEAGAN CITY COUNCIL �• EAGAN, MINNESOTA REGULAR MEETING CITY HALL JULY 20, 1982 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES P1 III. 6:35 - DAKOTA COUNTY ASSESSOR'S OFFICE - CONSIDERATION OF ABATEMENTS IV. 6:45 - DEPARTMENT HEAD BUSINESS SA. Fire Department 4,CC. Park Department `,� B. Police Department '� D. Public Works Department t V. 6:55 - CONSENT ITEMS (One Motion Approves All Items) P3 A. Conditional Use Permit Renewals - June, July & August Q.#a B. Sign Permit - Richard de Wilde S C. Deferred Compensation Plan/Resolution e I.D. Project 365, Receive Petition/Order Feasibility Report (Northview Meadows 1st Addition) pP,PC E. Project 364, Receive Petition/Order Feasibility Report (Brittany Manor 4th Addition - Water Main) F. Contract 81-12, Final Payment/Acceptance (O'Leary Lake Storm [Sewer Outlet) Q.ib G. Contract 81-3, Change Order #2, T. H. 55 Storm Sewer Outlet VI. 7:00 - PUBLIC HEARINGS Q,11 A. Final Assessment Hearing, Storm Sewer Outlet) 2� B. Final Assessment Hearing, i Addition Streets) C. Final Assessment Hearing, 41 D. Final Assessment Hearing, P Addition Streets) 11 E. Final Assessment Hearing, PStreets) VII. OLD BUSINESS Project #297 (Blackhawk Lake Trunk Project #307B (St. Francis Wood 2nd Project #327B (KiLldeer Addition Streets) Project #328B (Ches Mar East 4th Project #329B (Cedar Cliff 2nd Addition Q.ya A. Paratransit Committee Report .-SO B. Kingswood Addition/Payment of Lateral Benefit from Trunk Utilities eq0 C. Dakota County to Amend the PD (Planned Development) & for a P� Preliminary Plat, Dakota County Plat #1, in the Mission Hills Planned Development, Located in Part of the NE'k of the NEg of Section 31, Consisting of Approximately 12 Acres CJ's, D. Federal Land Company for Rezoning from R-4 (Residential Multiple), LB (Limited Business) & CSC (Community Shopping Center) to PD (Planned Development) located in the N2 of the NEi of Section 15 & Part of the E"- of the NE% of the NW'y of Section 15, Consisting of Approximately 100 Acres P1� E. Special Use Permit for St. Paul Pioneer Press & Dispatch Newspaper Vending Machines I.F. Water Treatment Plant Eagan City Council Agenda July 20, 1982 Page Two VIII. NEW BUSINESS '6(O A. Discussion Regarding Bank Depository Pgg B. Northwestern National Bank, Thomas R. Hall bauer for. a Conditional \ Use Permit to Allow a Drive Up Bank Machine in a CSC (Community) Shopping Center District) in Part of the NE'y of Section 19 in Part of the Cedarvale Shopping Center p.� C. Sienna Corporation, Rodney Hardy, for Rezoning from R-3 Planned 1 Development to Allow 85 Single Family Lots & 84 Duplex Lots & Preliminary Plat (Northview Meadows) Containing Approximately 52 Acres in the NEk of the NW'y of Section 26 e.%%% D. Orrin Thompson Homes for 1 Foot Variance from the Ten Foot Side Lot Setback Requirement for Lot 16, Block 2, Johnny Cake Ridge Addition E. Amendment to Ordinance #52 (Zoning Ordinance) Regarding Mobile P Manufactured Housing F. Discussion Regarding Helicopter Pad in Residential Subdivision G. Final Plat, Cinnamon Ridge 3rd Addition P IX. ADDITIONAL ITEMS Joint Burnsville/Eagan Cable Television Commission Update P•IZ� B. City Hall Expansion Update C. Receive Bids/Award Contract, Contract 82-6 (Well #7) P t-30 D. Receive Bids/Award Contract, Contract 82-8 (1982 Seal Coating) Q X3'1. E. Workmens Compensation & General Liability Insurance Renewal P 1S 6 F. Letter of Credit for Industrial Revenue Financing 1+6G. Contract 82-7, Approve Plans & Specs./Authorize Adv. for Bids P' (Cinnamon Ridge 3rd Addition) X. VISITORS TO BE HEARD (For those persons not on the agenda) XI. ADJOURNMENT 9 0 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 16, 1982 SUBJECT: AGENDA INFORMATION After approval of the July 6 regular City Council minutes and the July 20, 1982 City Council agenda, the following items are in order for consideration: DAKOTA COUNTY ASSESSOR'S OFFICE - CONSIDERATION OF ABATEMENTS Mr. William Peterson, appraiser for Dakota County, is requesting time on the agenda to address four (4) tax abatements the county is recommending for approval. Those tax abatements are: 1. Arnold S. Krohn, Parcel #10-14991-150-01 (Upon reviewing the property, it was found by the County Assessor that the stage of completion had been valued too high. The assessed value should be reduced to $7,672.) 2. Raymond Lytle, Parcel #10-14990-110-01 (Upon reviewing the property, it was found that the stage of completion had been valued too high. The assessed value should be reduced to $7,672.) 3. Cory Gold, Parcel #10-14990-090-01 (Upon reviewing the property, it was found that the stage of completion was assessed too high. The assessed value should be reduced to $7,672.) 4. Daniel Simon, Parcel #10-16705-550-06 (Upon reviewing the property, it was found that the new construction had been valued too high. The assessed value should be reduced to $18,139.) The Engineering Department was directed to prepare a map that illustrates the location of the subject real estate abatements and copies are enclosed on pages 2 through + for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny one or all of the tax abatements as recommended by Dakota County. ABATEMENTS-- • July , 1982 Real_ Estate: Approved Arnold S. Krohn #10-14991-150-01 Upon reviewing the property it was found that the stage of completion had been valued too high. The Eagan, City of assessed value should be reduced to $7,672. Raymond Lytle #10-14990-110-01 Upon reviewing the property it was found that the stage of completion had been valued -too high. The Eagan, City of assessed value should be reduced to $7,672. Cory Gold #10-14990-090-01 Upon reviewing the property it was found that the stage of completion was assessed too high. The Eagan, City of assessed value should be reduced to $7,672. Daniel Simon #10-16705-550-06 Upon reviewing the property it was found that the new construction had been valued too high. The Eagan, City of assessed value should be reduced to $18,139. Z • l:ll.r. u�XX i:• SILVER BELL AVENUE ...m V .a ,. ,. _• SILVERY v ......, BELL' }� s "IC, :,u .• ry ROAD' d Lt �., . 01. ,• i , .. � . �-•,.,° • : � _90.0 �• ,•..•. , ' Q � •i - 'fi 1,� y• ' 0-1 co ro • o l y` 32. Is } p�ru� /• • y °{ a' Donor r Twe .5 �d'/r C a _ s r . b � • r+m1'. , `l.• Las GOLD - ___f_ TRAIL ••i .•"• ``O� 'K'$•dlNNrjO•= 3 L •" —' ` �� 0 y y Jaz ' Z V o ♦ 6' bMIME an: ;DAi? f,rr p 1 I¢•� ,L 6,. RyfCO Z `4.••+il, yi .t Lau, 5 + \ • '• •rit4 FLS• • �-. •� r� I•�• F+� oorsm o NO y ,r 'f ° L __�e _ • ".a „ zL J. ••M•n n. S 5 8 _.a b i .S o+5 ��,� ,. :,�`••X _- •GOAD__'_u —TRAIL IL+, OVrIOx L • I• �V I• IL rt ,= Ay ', '�C ,O • .. , •. • .. • � ��a �• �d 4 • ax • [L • L.. ' ruga ..uo ° ♦_�. a:4 • °I •' ..!ne_ CED� :, � ¢: �,, ,, sI••. ,,�._a „... _ L, E N • ba f• Q +,• y • J�2 •• a •• jO n i••b°•7 , %f .tr 'Yi pVO� \ ,'t . �� _ rL ' \' � 'r', F a i • ,, v' Af9q ;• . ' : �%' : ..... L • r ♦ \ `{C �� '9 + yi, < j+ r ••v,, .Sri • -tCRVS AL COURT : �• . s \ � � t a+t•>� as • ( x a • �s , T�..r$•�`\' �r%�\ r t ° 1: �y , •6 ,L ca :fin _.P 5.., S �L .tO • . A ,c S � ✓P , •I ;• y '% .✓'� „' f.,.a 3 f MIC4 TRAIL •. � yx• S• •°{1 . s+' I .meal• I n 9 g �f • x 10x > ., i9ff ,w;.r, >. oc. i.-a• ;4 i�• . i - � � °� - �.; n � - Q-4 eI Trr /00 en ,S d �N l..• f. 45 { PsfP Tw.xi.: °' „NI I, ' ? n. n I �' ' r1 e: D :�O�•^ , f Y Y \• .'�:. '•�o - J .• HEP� ° ` '•n( �t �•r::� • •;:PJ., :i,::.� # - �,,•, yi.�\!i na S `,°. j:�:". s ° •Jr 9 n fr 5i •� - ` 00 ' r w•A n 1 1 i r '� '• Y�, ,� •rG�'., •�? �'1 v � •::{',7.-. E ' x Pa- •. a y, Op .-i. ., s\ . A l i / 9p1 a. r' 90 6 � � �. ff .�..•y. 'a,,:3 '1 ? } w ^r f. a�9P — - '—' .r"-w, • ✓f asa r 6 'GQ �.. ,,i ,; s•,,.. +7 �.. QC• L ''•• -•a . - ,'+ > - : e y ., ef1 $; . 6 OST ,fC �_'6'C� ' o _ i 1 f�_• y' t• • "C9 :•i ` a 9 •- _ .r ,i -..'Y' .I I ' ' - - Ci —:.d—. f 8 63' '� " •`a 0 y' _ ) 1 + f _^"`'°_; .�° ne•� •�" i,�,/ 'Yf•' ,Y ". v j: • 33 w'+.. ! ! ' AS 1. i - � 1' wwf - •' • v� •i+ f _ asi •Ya .• 'i�. Gld - J•! �. G S t �... •�.: �. i. '• : �,. •; l '`1 �.•,''�f,^ g' • �I '� °� « 3�. i. •pi J, ,. '. t�'s'�aS... ?E _1.— .. i'c' :_ +t y :k - 10-. • _aj ''� i A •L/,•�,• •o i C 39's,{ s :� - CIRCLE i� . e ' % '•f•n • .: ' 1 1 " I t9 ''' li / sJ� i .�, 1 f rov 8 �� �; ..... ; Y • j,4. V ` y;+ ,a , ; 81cA fTUR00015E •,CIR.,7 ", 1,+`., '.�- Z��. .Yr p �Y• '<�. ih• 'i :nr:zt !�, - Imo:-- •ol. V ° �II 'n 1 ,r•q^ r} Sera' r ��_• i ,5•PJ! a z w... ••ie;!� i •f: iu•�-� :vN .�'� I •„"` G° as .��B r J =S $` •'a' ira SOP'": r .4� + • ; n y' - Irl o' L •.... " .1. f {' - 13 i i.° • °"'�•n {a i' - ,,, �i fy '3a • I •'' {' ,t ke"nn Q I aR T;M.'' i^W I'7i, '��.' ee: it �.rrvO•'r' AiT,•.p. x 4 •a,a e, M1y N33tl} ✓ I '� T k'Yz-�--alis:. I .r. � 1 • ::i—' I i I •:�°�. . _ '•i • � . > f `i .. � •• j' ..T ,3 . • •{ �� t aLO?a. 7 a s . , 1 • � -r - I ilii ; LI�:: 3 C5 . 'B �S t :�J�, ,I,k ' •S' . "a'�+'�. , c .r I' ii }., �` .n ,.. o .. 1 BLACKHAWK •.. " :. .. w�� ~ ar,er J - _ - 4 _'� [' BLACKHAWK rte �irr�.�: c .� ROAD .- • S •- ... ....' ,.. ... ROAD '__j. m. ` IIS - -• _j �T' L� •• ,II!X ^•• r BLACKHAWK .I. ...,. ml I ROAD. .c :I, ter- Luau ^ms._.a•�j�� �::^ uw� l r- jr' I "BLA yKNAWK ROAD %I ''z, 1 i:r•e"i••, V ygsO• I "":�: v ,^'.:. i •� _� �• °N' ;�0:'i,J ' .� In e S m� - e,.-1, �'1 y .wY, e t �l mia e ��0� ^ .... 7• � :� • 1 o - � --- - �'' r t, �•^ ... _.. •I •. �, I _ °.;DNS-_::.:,. "' _ .y• :;.. � .I 'II, — lo l .., m• �. ,f " a ... 1. �r -<I 0\ 4a �•:YJ ,� n , iMl. S � O• .y , •'," N • • t �n 1td. �,, r ^T, a 41 1 IL "•'"•..LSADE•q•r " x1. •• /.� a. ..I •-� PALISADE "� : i lJ / �: = 7y+ o • �G P`� .°e• _ �h'': - :l i 1 • I ,rw.a ,rmrr Q3 s.„,., i l(•^-��, O ,e-we.L n.:., I "'� ,, �i`•,1�° Y JL .io 1 _ _ _ I m ',..e � �, ,few � F'• a r' fix < � � Ia • ,... � s _. L• .'�' � i +. A% ”' v •• „< r •?.mal- ,�:.", ._ . vy i. ...4: ''•p.• ,:'.z 4f. =.�. *• fJY��., �Li?�• 'IF ) j • . 0 0 Agenda Information Memo July 16, 1982 Page Two FIRE DEPARTMENT A. Fire Department -- There are no items to be considered for the Fire Department at this time. POLICE DEPARTMENT B. Police Department -- There are no items to be considered for the Police Department at this time. PARK DEPARTMENT C. Park Department -- The City of Eagan has received a copy of the Environmental Impact Statement for the Minnesota Valley National Wildlife Refuge. The document was sent to the attention of the City Administrator for review by the City of Eagan. This document was given to the Director of Parks & Recreation and Mr. Vraa has had an opportunity to review the EIS. Attacted on page are some brief comments Mr. Vraa has made pertaining to the MAiesota Valley National Wildlife Refuge EIS. Since the memorandum provides a good summary of the EIS by including the types of uses that are proposed for the Minnesota Valley National Wildlife Refuge, it seemed appropriate to include this memorandum for informational purposes and review by the City Council. S • • July 8, 1982 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: E.I.S. MINNESOTA VALLEY NATIONAL WILDLIFE REFUGE You had asked that I review the E.I.S. for the Minnesota Valley National Wildlife Refuge for comment. Specifically, how the plan related to Eagan. As you know, the Wildlife Refuge does not extend beyond the east side of Cedar Avenue, south of the Minnesota River. The area generally east of Cedar is State park land. Consequently, the E.I.S. does not address this area other than to indicate areas of co-operation between U.S. Fish and Wildlife and the State park system. The E.I.S. does indicate that there is a fen - a rare and sensitive vegatative area within Eagan. The fen is located on both sides of the rail- road; both east and west of old Cedar. A portion of the fen is within Fort Snelling State Park. A large portion is on non-public land. The plan suggests that protection of the fen be by acquisition, or strict enforcement of land use regulations by the cities. The plan calls for a trail head within Eagan which would connect up to both State and M.V. trails as well as to the bridge connection to Bloomington, and the north trails system. The trail head is to provide for parking - information - toilets - and handicap access. (A boat launch facility will also be included. This is a recent proposal and is to be accomplished through a co-operative effort of D.N.R., Watershed District and MDot.) In terms of recreational opportunities, the 494 and Cedar Avenue trail crossing to Bloomington will provide Eagan residents access to the Fish and Wildlife headquarters, environmental elocutiondisplays, trails in Bloomington (bike, X ski, hike) and connection to Minneapolis Parks system. As part of the management tool; some hunting and trapping will be permitted, but limited to handicapped individuals. This is generally supported and pro- vides recreational opportunities close in to those who otherwise may not be able to participate in this type of recreational opportunities. The M.V.W.R. plan does contain certain other recreational opportunities generally not considered by many to be consistent of a wildlife refuge. As an example: There is a proposed areas for field dog trials, sled dog races. horse trails, snowmobile, etc. None of these are proposed within the plan for Eagan/Bloomington/Burnsville. However, there is still a "concept" thought that an outer bluff trail might be established by the D.N.R. as a State trail. This trail would provide for horse back riding and would end/begin at Cedar Avenue. At this time horse and snowmobile trails are not part of the Fort Snelling State Park's plans for Eagan. I sense that such trails, if they were to be included would be of low priority to that which is planned. There is nearly 53 miles of equestrian trails planned within the M.V.W.R. and additional trails in Eagan seem unlikely. This is a very brief outline of some of the issues that may impact Eagan by the M.V.W.R. All seem consistent with what has previously been in- dicated. .6 0 Agenda Information Memo July 16, 1982 Page Three PUBLIC WORKS DEPARTMENT D. Public Works Department -- Item #1: Project 302, Easement Acquisition (O'Neill Pond) -- During tT e continue e orts y start to acquire the necessary ponding easements around O'Neill Pond, City staff has had several discussions with Mr. Earl Schindeldecker of 2826 T. H. 55 (south side of O'Neill Pond). Because Mr. Schin- deldecker is not pleased with the construction associated with the upgrading of T. H. 55, he has been very reluctant to dedicate the required ponding easement. Subsequently, he has indicated that he will grant this easement if the City will provide for a sanitary sewer connection of his existing residence to the existing sanitary sewer lateral that runs through his back yard. Mr. Schin- deldecker is concerned about the impact the pond will have on his present drain field system. Staff has received some quotations from plumbing firms as to what the cost would be to perform this construction. It is estimated that it would cost approximately $ 1,900 and that the required City connection permit fees would amount to $550. Subsequently, because of existing contracts and the present construction activity, it is necessary that the City obtain this easement immediately. Therefore, staff is requesting authorization from the City Council to perform the sanitary sewer connection in consideration of Mr. Schindeldecker the necessary easements. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the installation of a sanitary sewer service to Mr. Earl Schindeldecker at 2826 T.H. 55 in consideration for acquisition of a ponding easement for Project 302. Item #2:Special Assessment Deferment Policy - Financial Hardship Criteria -- At the June 14 special assessment committee meeting, t eT re was a request for the deferment of special assessments due to financial hardship. Presently, the City does not have a policy other than the senior citizen ordinance which would provide for deferment of special assessments based on financial hardship. The special assessment committee directed the staff to prepare a set of criteria that could be considered for specific financial hardship requests. Staff has not yet completed the formulation of proposed criteria for such a policy. In surveying other suburban communities, it was surprising to note that no other community has any special considerations for deferment of assessments based on financial hardship. Subsequently, it is difficult to try and determine what criteria should be used in the formulation of such a policy. Therefore, staff would like some input and direction from Council as to recommended criteria so that staff can formulate such a policy. ACTION TO BE CONSIDERED ON THIS ITEM: No action is required on this item at this time. Agenda Information Memo July 16, 1982 Page Four There are seven (7) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If the City Council desires to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. CONDITIONAL USE PERMIT RENEWALS A. Conditional Use Permit Renewals, June, July & August -- The conditional use permit renewal for the month of June is for outside storage for Central Fence & Supply Company located at 3790 Dodd Road. The conditional use permit renewals for the month of July include Jerry & Carol Thomas for a horse ranch at 1810 County Road 30 and George Becker for a group foster home at 3890 Lexington Avenue South. The conditional use permit renewals for the month of August include the pro-life sign for Dakota County MCCL and an outside storage rental lot for U -Haul Company. All, of the these conditional use permit renewals are in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the conditional use permit renewals as presented for the months of June, July and August. SIGN PERMIT - DEWILDE B. Sign Permit for Richard deWilde -- Mr. Richard deWilde was granted a special permit to operate a vegetable stand from July through October on Dodd Road north of the Trinity Lone Oak Church. Mr. deWilde has also requested a temporary advertising sign, 4' x 6', totalling 24 sq. ft., at the location of the vegetable sale stand. The temporary advertising sign meets all ordinance require- ments and should have been included as a part of the special use permit application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the sign permit for Richard deWilde as a temporary advertising sign for his vege- table sales market. DEFERRED COMPENSATION PLAN C. Deferred Compensation Plan/Resolution -- The City of Eagan, for several years, has offered its employees a deferred compensation plan. The plan chosen by the employees and City was a deferred compensation plan with IDS. There are only two (2) employees parti- cipating with the plan at this time. Last July, the City was ad- vised by IDS that its deferred compensation plan should be changed E 0 0 Agenda Information Memo July 16, 1982 Page Five to comply with changes in the internal revenue code by January 1, 1982. The specific changes relate to the dollar amounts that can be deferred in one year. The changes also provide for catch up provisions for deferral, changes made regarding when an employee must sign a participation agreement in order to defer his or her income. The new proposed plan provides more flexibility as to the committee as to the investments that are allowed in the plan. The City properly is not described as a beneficiary. More benefit modes are made available at the discretion of the participant according to the City Attorney's office. It is the suggestion of the City Attorney's office that the plan be adopted as proposed effective retroactively to December 31, 1981, in order to attempt to insure compliance with the changes in the internal revenue code. A resolution authorizing revision of the City's compensation plan for City employees and officers is enclosed on pages /p through J� The actual plan is several pages in length, and if any member of the City Council would desire a copy of the plan, copies will be furnished upon request. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution as stated to comply with internal revenue code provisions referred compensation plans. W RESOLUTION AUTHORIZING REVISION OF THE CITY OF RAGAN DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES AND OFFICERS WHEREAS, M.S.A. Section 471.615 provides for and authorizes cities to purchase retirement annuities for employees and officers who have entered into an agree— ment authorizing the deferring of the portion of their compensation; and, WHEREAS, the City of Eagan adopted such a plan on March 5, 1974; and, WHEREAS, the City of Eagan desires to provide such plan in full compliance with changes in the Internal Revenue Code; NOW, THEREFORE, BE IT RESOLVED by the Fagan City Council that upon the recommendation of the City Clerk and the City Attorney, the Mayor and Clerk be and hereby are authorized to execute on behalf of the City, an agreement with IDS Life Insurance and Annuity Company, Minneapolis, amending the City of Fagan deferred compensation plan where eligible city employees and officers may contract with the IDS Life Insurance and Annuity Company or other companies qualified under the law and authorized by the City Council to provide such a plan for City employees and officers to defer part of their compensation in accordance with said plan, said being subject to the approval of the Internal Revenue Service; WHEREAS, be it further Resolved that it was the intention of the City Council that the premiums paid by the City for such annuity contracts will not currently be considered as income paid to the employees and officers concerned. Thus, the City will own and have all rights under the said contracts and such contracts will not be held in any way as collateral security for the fulfilling of the obligations of the City but shall be held as general, unpledged, and unrestricted assets. BE IT FURTHER RESOLVED that the City has authorized the said plan with the bona fide intention and expectation that contributions will be made indefinitelv under the plan, however, the City shall not be under any obligation or liability to continue the contributions or maintain a plan for any given length of time. Dated: CITY COUNCIL CITY OF EAGAN BY: Beatta Blomquist, Its Mayor ATTEST: E. J. VanOverbeke, Its Clerk 2 Agenda Information Memo July 16, 1982 Page Six PROJECT 365 D. Project 365, Receive Petition/Order Feasibility Report (North - view Meadows 1st Addition - Trunk Utilities) -- Attached on page t'2%_ is a copy of a petition the City received from the developer requesting the City to prepare a feasibility report to extend trunk sanitary sewer and water main to provide utility service to the proposed Northview Meadows 1st Addition. This proposed plat has received a recommendation for preliminary plat approval from the Advisory Planning Commission and is being presented to the City Council under item C of New Business. The developer is agreeing to accept all costs associated with the preparation of this report, should the project not be ordered for installation. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and order the feasibility report for Project 365 (Northview Meadows 1st Addition - Trunk Utilities). C 0 PETITION LOCATION/SUBDIVISION Preliminary Plat on FOR CITY USE ONLY Petition N Date Received Presented to Council rthview Meadows, part of Parcel 10, I/we, the undersigned, owners of the real property adjacent to C.R. 30 at Wescott Hills Road (Street) or within the proposed plat Subdivision, hereby petition for: , Street improvements Sanitary Sewer X trunk Water Supply X trunk Storm Sewer (Check'requested items) Street Lights X C Other (Explain) X bituminous trail Note: See attached map for improvements requested by this petition I/we understand that this petition does not in itself request the installation of these improvements, but rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/we understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. If the requested improvements are denied for construction at the time of public hearing, I/we hereby guarantee payment for all costs incurred in the preparation of this feasibility report. of Land Owner Address of 1.B� Lexin,ton South, Inc_, Partner NE'r.'of NE'ti, 26-27-23 Its President— I/We hereby waive our rights to the public hearing and request that detail plans and specifications be prepared simultaneously and also guarantee their respective costs if the project is not awarded. LEXINGTON SOUTH ASSOCIATES Lexington South Associates By Lexington South, Inc., Partner c/o Sienna Corporation (Signature) 4940 Viking Drive, Suite 608 y` A Minneapolis, MN 55435 ( ignature) Its Pres' ent RE 72 .: L 1 5 1982 U Agenda Information Memo July 16, 1982 Page Seven PROJECT 364 E. Project 364, Receive Petition/Order Feasibility Report (Brittany Manor 4th Addition - Water Main) -- Enclosed on page /b is a copy of a petition requesting the City installation of trunk—water main through the proposed Brittany 4th Addition in conformance with the approved preliminary plat for the overall Brittany 1st Addition. The petitioner also has requested simultaneous prepara- tion of plans and specifications along with the feasibility report. As can be seen, all costs will be guaranteed if the project is not approved. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the preparation of a feasibility report along with plans and specifications for Project 364 for the installation of trunk water main within the Brittany Manor 4th Addition. /1- C C • • FOR CITY USE ONLY Petition # 3( q Date Received 7—/57—f,2 PETITION Presented to Council LOCATION/SUBDIVISION Brittanv 4th Addition I/we, the undersigned, owners of the real property adjacent to Street) or within Brittany 4th Addition hereby petition for: Subdivision, Street improvements _ Sanitary Sewer _ Water Supply X Storm Sewer Street Lights Other (Explain) (Check'requested items) I/vie understand that this petition does not in itself request the installation of these improvements, but rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/we understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. If the requested improvements are denied for construction at the time of public hearing, I/vie hereby guarantee payment for all costs incurred in the preparation of this feasibility report. Signature of Land 0; -,mer Address of 'Property I/We hereby waive our rights to the public hearing and request that detail plans and specifications be prepared simultaneously and also guarantee their respective costs if the project is not awarded. �)� �� �• Johnny Cake Ridge Road and �l -(Si �/�3 Sherwood Way - i (Signature) /S Agenda Information Memo July 16, 1982 Page Eight CONTRACT 81-12 F. Contract 81-12, Final Payment/Acceptance (O'Leary Lake Storm Sewer Outlet) -- The City has received a request for final payment for Contract 81-12 along with a recommendation for final acceptance from the consulting engineering firm. All final testing and in- spections have been performed with representatives from the public works maintenance division. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the fourth and final payment to Parrott Construction Company in the amount of $5,002.76 for Contract 81-12 and accept for perpetual maintenance. CONTRACT 81-3 G. Contract 81-3, Change Order #2, T.H. 55 Storm Sewer Outlet -- In order to acquire an easement for the installation of a force main for this project, it was agreed that the easement ditch would be regraded in accordance with the owner's specifications. This work was not anticipated at the time of project approval. Subse- quently, it had to be performed on a force account basis through a change order. Therefore, this change order reflects the actual cost incurred. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 81-3 in the amount of $3,534.50. /6 0 0 Agenda Information Memo July 16, 1982 Page Nine PUBLIC HEARINGS' PROJECT 297 A. Final Assessment Hearing, Project #297 (Blackhawk Lake Trunk Storm Sewer Outlet) -- On May 20, 1980, the public hearing was held to discuss the trunk storm sewer outlet from Blackhawk Lake down to the Cedar Industrial Park. Subsequently, this project was constructed under Contract 80-21 which was awarded to Lametti & Sons on April 21, 1981. This project has been essentially com- pleted and is in order for consideration of final assessments. The final assessment roll has been prepared in accordance with the rates quoted at the public hearing held on May 20, 1980. A final assessment hearing summary sheet is forwarded to the Council on page 11 . All notices have been sent to the affected proper- ties and�p`ubiished in the legal newspaper. As can be expected, the staff has received several complaints pertaining to no benefit received from this installation and its resulting assessments. Enclosed on page is a copy of a memo received from Mr. Leo Murphy requesting consideration for a deferment of this storm sewer assessment. The staff recommends that the following action be taken by the Council in response to one of the three following situations: I. Where a property owner has submitted a written notice of objection in preparation of further pursuing an assessment appeal through the legal system, the public hearing should be continued for that individual to a later date to allow the City staff to perform the necessary appraisals and to allow time to have the assessment roll adjusted to include cost of the appraisals. 2. For individuals who are submitting a request for deferment of their assessment and are not officially objecting to the assessment, the public hearing can be closed and the particular assessment approved and the request for deferment forwarded to the Special Assessment Committee for specific review and recommendation to be reviewed by .the Council at a later date. In any event, the assessment should be approved to allow consideration of its deferment. 3. For all other individuals, the public hearing can be closed and the final assessment roll approved with authorization for certification. As can be seen, there are 161 parcels included in this assessment hearing. It can be expected that there will be several property owners in attendance to object to the trunk storm sewer assessment. I7 0 Agenda Information Memo July 16, 1982 Page Ten ri ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing, approve the assessment roll and authorize staff to certify the roll to the County for collection for those parcels which have not submitted written objections. For those who have submitted written objections, the public hearing should be continued until a later date to allow further review and consideration by staff. is FINAL ASSESSMENT HEARING PROJECT NO: 297 SUBDIVISION/AREA: Blackhawk Lake Trunk Storm Sewer Outlet FINAL ASSESSMEENT HEARING: 7-20-82 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES SANITARY Area Laterals Service Ej Lat. Benefit/Trunk STORM 0.034/sq ft (R1) ® 0.0425/sq ft (multi)_ Area 0.051/sc ft (C/I). Laterals Area 13 Laterals Service Lat. Benefit/Trunk same STREETS same same Gravel Base EjSurfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 161 parcels NUMBER OF YEARS ASSESSED: 15 years RATE OF INTEREST: 12.5% TOTAL AMOUNT ASSESSED: $867,247.70 CONSTRUCTED UNDER TUE FOLLOWING CONTRACTS: 80-21 PUBLIC HEARING DATE: 5-20-80 19 FINAL F. R. RATES RATES 0 0 To: Mayor and City Co.uneiL From: Leo Murph3 Re: HPackhawk Lake Storm Sewer Aesesment While I wasa member of the Council the assesements. against time George Ohman Sr.. farm came before u.% for deferment. In discusaion between Councii and staff there wasE a concenqus tffi1C it would be to the city' advantage financ:LaUy to postpone the assesments un t:M the development prat came in for time property„ because of the inflation factor. Because of the unbelieable amount of the assesment I have no al- ternative but to. ask for a:. deferment until the property is_ developed. Your consideration in thas:matter will be appreiated.. Because of a meeting conflict I will not be able to attend the asses meat hearing and am. taking this.. means to convey my request. ECS 0 0 Agenda Information Memo July 16, 1982 Page Eleven PROJECT 307B B. Final Assessment Hearing, Project #307B (St. Francis Woods 2nd Addition - Streets) -- Enclosed on page J'L is a final assess- ment summary sheet for Project 307B. Thenal assessments are 8.8% less than those quoted at the time of the public hearing. All affected property owners have been notified of the final assess- ment figures and all required notifications have been placed in the legal newspaper. Staff does not anticipate any objections to this final assessment. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing for Project 307B (St. Francis Woods 2nd Addition - Streets), approve the final assessment roll to be spread over five years at 12.5% and authorize staff to certify the roll to the County for col- lection. 3.1 0 0 FINAL ASSESSMENT HEARING PROJECT NO: 307B SUBDIVISION/AREA:St. Francis Wood 2nd Addition - Streets FINAL ASSESSMEENT HEARING: July 20, 1982 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES QArea O Laterals 0 Service C3 Lat. Benefit/Trunk STORM 0 Area Laterals SANITARY Area Laterals Service Lat. Benefit/Trunk STREETS Gravel Base OSurfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 19 lots NUMBER OF YEARS ASSESSED: 5 years RATE OF INTEREST: 12.58 TOTAL AMOUNT ASSESSED: $50,842.69 CONSTRUCTED UNDER TUE FOLLOWING CONTRACTS: 81-8 PUBLIC HEARING DATE- 9-16-80 az FINAL F. R. RATES RATES $2,675.93/lot $2935/lot 0 Agenda Information Memo July 16, 1982 Page Twelve PROJECT 327B 0 C. Final Assessment Hearing, Project #327B (Killdeer Addition Streets) -- Enclosed on page —!_ is the final assessment summary sheet that shows the final assessments being 21.97 less than those quoted at the public hearing. All affected property owners have been noticed of the final assessment rates and the required notices published in the legal newspaper. Staff does not anticipate any objections to these final assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing for Project 327B (Killdeer Addition - Streets), approve the final assessment roll to be spread over five years at 12.57 interest and authorize staff to certify the roll to the County for col- lection. a3 FINAL ASSESSMENT HEARING PROJECT NO: 327B SUBDIVISION/AREA: Killdeer Addition (Joyce Addition) FINAL ASSESSMEENT HEARING: 7-20-82 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. Feasibility Report FINAL F.R. WATER RATES RATES Area Laterals Service Ej Lat. Benefit/Trunk STORM F1 Area ❑ Laterals SANITARY Area Laterals Service Lat. Benefit/Trunk FINAL F. R. RATES RATES STREETS Gravel Base $1,105.6.71ot R- 7=4 To3- ® Surfacing $2,211.28/lot(R-1) 2830/10t Res. Equiv. NUMBER OF PARCELS AFFECTED: 17 (8 R-1, 8 R-2) NUMBER OF YEARS ASSESSED: 5 years RATE OF INTEREST: 12.5% TOTAL AMOUNT ASSESSED: $26,535.34 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 81-8 PUBLIC HEARING DATE: 4-7-81 W, E Agenda Information Memo July 16, 1982 Page Thirteen PROJECT 328B 0 D. Final Assessment Hearing, Project #328B (Ches Mar East 4th Addition - Streets) -- Enclosed on page is a final assessment summary sheet for Council's information for tFiis referenced project. The final assessment rates are 26.9% less than those quoted at the public hearing. All affected property owners have been notified of the final assessment figures and all required notices have been published in the legal newspaper. The staff does not anticipate any objections to these final assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing for Project 328B (Ches Mar East 4th Addition - Streets), approve the final assessment roll to be spread over five years at 12.5% interest and authorize staff to certify the roll to the County for collection. as 0 FINAL ASSESSMENT HEARING PROJECT NO: 328B SUBDIVISION/AREA: Ches Mar East 4th Addition - Streets FINAL ASSESSMEENT NEARING: 7-20_82 RATE OF INTEREST: 12.5. TOTAL AMOUNT ASSESSED: $33,369.28 CONSTRUCTED UNDER TUE FOLLOWING CONTRACTS: 81-8 PUBLIC HEARING DATE: 4-7-81 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. FINAL F.R. WATER RATES RATES SANITARY RATES RATE! ❑ Area ❑ Area ❑ Laterals ❑ Laterals ❑ Service ❑ Service Lat. Benefit/Trunk Lat. Benefit/Trunk STORM STREETS ❑ Area ❑ Gravel Base Laterals X Surfacin g $1,191.76/lot $1630/loi ❑ Res. Equiv. NUMBER OF PARCELS AFFECTED: 28 NUMBER OF YEARS ASSESSED: S RATE OF INTEREST: 12.5. TOTAL AMOUNT ASSESSED: $33,369.28 CONSTRUCTED UNDER TUE FOLLOWING CONTRACTS: 81-8 PUBLIC HEARING DATE: 4-7-81 0 Agenda Information Memo July 16, 1982 Page Fourteen PROJECT 329B 0 E. Final Assessment Hearing, Project #329B (Cedar Cliff 2nd Addi- tion - Streets) -- Enclosed on pageis the final assessment summary sheet for the Council's inform . The final assessment rates are 1.4% less than those quoted at the time of the public hearing. All affected property owners have been notified of the final assessment figures and required notices have been published in the legal paper. Staff does not anticipate any objections to these final assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing for Project 329B (Cedar Cliff 2nd Addition - Streets), approve the final assessment roll to be spread over five years at 12.5% interest and authorize staff to certify the roll to the County for collection. a.-7 0 0 FINAL ASSESSMENT REARING PROJECT NO: 329E SUBDIVISION/AREA: Cedar Cliff 2nd Addition - Streets FINAL ASSESSMEENT HEARING: July 20, 1982 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES Area Laterals Service Lat. Benefit/Trunk STORM 0 Area nLaterals NUMBER OF PARCELS AFFECTED: 33 FINAL F. R. SANITARY RATES RATES Area n Laterals Service Lat. Benefit/Trunk ISTREETS Gravel Base ® Surfacing Res. Equiv. NUMBER OF YEARS ASSESSED: 5 Years RATE OF INTEREST: - 12.9% TOTAL AMOUNT ASSESSED: $58,626.48 CONSTRUCTED UNDER TUE FOLLOWING CONTRACTS: 81-8 PUBLIC HEARING DATE: 3-17-81 $1,776.56/lot $1802/lot E Agenda Information Memo July 16, 1982 Page Fifteen 0 PARATRANSIT COMMITTEE REPORT A. Paratransit Committee Report -- On June 23, 1982, the final report for the paratransit demonstration study that was prepared for the Joint Paratransit Committee Metropolitan Council by the Cambridge Systematics, Inc., Bennett, Ringrose, Wolsfeld, Jarvis, Gardner, Inc., and the Metropolitan Transit Commission was presented to staff representatives of the Cities of Apple Valley, Burnsville, Eagan, Lakeville, Rosemount and Savage and representative of Dakota County at the Eagan City Hall. It was the recommendation of the staff persons present that the report be adopted by the Joint Para - transit Committee and that following adoption of the report a recom- mendation be made by that committee to the respective City Councils as to whether to proceed any further with the paratransit study or program for this part of the County or a recommendation not to proceed with a joint paratransit operation. The paratransit committee did meet on June 23, 1982 and did adopt the paratransit demonstration study final report. A follow up meeting was then held on July 7, 1982 and the paratransit committee members Betty Schaumburg and Ed Brunkhorst will be present at the City Council meeting to review the recommendation and findings of the committee with the City Council. Each member of the City Council was provided a copy of the report with a special mailing on Monday, July 12, 1982. If anyone has misplaced the report and would like an addi- tional copy, please contact the City Administrator's office. ACTION TO BE CONSIDERED ON THIS ITEM: mendation of the joint paratransit advisement the recommendation of the garding paratransit. a9 To approve or deny the recom- study committee or take under Eagan committee members re - 0 0 Agenda Information Memo July 16, 1982 Page Sixteen KINGSWOOD ADDITION/PAYMENT OF LATERAL BENEFIT B. Kingswood Addition/Payment of Lateral Benefit from Trunk Utili- ties -- At the July 6 Council meeting, the Council had some ques- tions pertaining to the location of the trunk water main in rela- tionship to the Kingswood subdivision. The Council had indicated that they did not have adequate information to continue further consideration of this item. Enclosed on pages 31� through _ are copies of the special assessment committee minutes per- taining to this item, the feasibility report for Project 131, and the background information as submitted to the special assessment committee for their consideration. If there is any other additional information that a Councilmember may need, please contact staff prior to the meeting on Tuesday night so that it can be provided. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or revise the Special Assessment Committee's recommendation for the determination of lateral benefit from trunk water main for the Kingswood Addition and require the developer to accept this financial responsibility as a condition of obtaining a water connection permit for 3850 Coronation Road. 30 1SassedAwr I O&Me, Ada ap Yac. 2335 W. 414"w,6 d`Y"""Y 36 S1. P44, Miotaedola 551!3 )Awmr 6364600 ewraddlli«q i.Kginee�is Otto G. Bow"iron. P.E. Robsrt W. Roaane. P.E. Joseph C. Anderlik. P.E. Bradford A. Lemberg, P.E. Robert P. Frigm,d. P.E. Richard E. Turner, P.E. P 4-ig-73 Jamn C. Olson. P.E. Preliminary Report on F. Fd".. P.E. /.awrenre Glenn R. Cook, P.E. Trunk Water Main Extension Keith A. Gordon, P.E. King's Wood Addition Eagan, Minnesota 55122 Charier A. Erickson. August 21 1973 Richard W. Fater g a rhomos E. Nay" —41 Rnbrrt G. Schunicht SCOPE: This report covers the construction of a short section of trunk water main within the King's Wood Addition in Eagan. FEASIBILITY AND RECOMMENDATIONS: This project is feasible and is in accordance with the Master Water System Plan of the Village of Eagan. This project can best be carried out by combining it with another water main project for bidding purposes. DISCUSSION: One of the residents of King's Wood Addition has requested municipal water service. At the present time he is being served by a small private system which does not provide fire protection. A 16" diameter water trunk is in place on County Road 31 adjacent to this ad- dition. To serve the property requested will require approximately 430 feet of trunk water main which will also serve as a lateral for the property abutting King's Wood Road. This main must be 10" diameter to provide a trunk which will be looped through the property west to serve proposed medium density and apartment developments in the future. An existing 6" main is in place on Coronation Road with 2 fire hydrants. It is proposed that the new trunk be connected to this line with a short section of pipe and a valve. The valve would normally be closed but if fire protection were required, it could be opened and provide fire flow for both of the present homes in this addition. Lateral benefit from trunk would be charged to all benefitting properties when they connect to the municipal system. At present, however, the property south of King's Wood Drive is an outlot with the eventual subdividing not known. It would not be practical to provide services to this property at this time. On the north side of the street, one vacant lot exists east of Coronation Road and the property owner requesting the service lies west of Coronation Road. If desired by the Council, the assessments levied at this time could include only the lot now requesting service and those effecting the balance of the Addi- tion levied when service is received for any other lot. AREA TO BE INCLUDED: 1 All property in King's Wood Addition lying in the E�, NE'y, NE'k, Sec. 21, J T27N, R23W. Page 1. 7) PROJECT COST: ' The following.cost estimate includes construction, engineering, legal and administrative costs. 10" Ductile Iron Pipe - - - - - - - - - - - $3,440. 6" Ductile Iron Pipe - - - - - - - - - - - 150. 3 Gate Valves - - - - - - - - - - - - -- 700. Fittings - - - - - - - - - - - - - - -- 500. Water Service ------- - - - - -- 120. Cutting into lines - - - - - - - - - - - 1,200. Street Repairs - - - - - - - - - - - - - 1,000. Move -In costs - - - - - - - - - - - -- 900. 8,010. Miscellaneous indirect costs - - - - - - 1.590. Total Estimated Cost -------- $9,600. ASSESSMENTS; Assessments are proposed to be levied against benefitted property in accor- dance with current Village policy. Lateral benefit from trunk will be charged where applicable. All house service costs will be assessed at 100% of cost. Current Village rates are as follows: Lateral Benefit from Water Trunk --Single Family $5.75/ft. Lateral Benefit from Water Trunk--Multi-Family $6.50/ft. Trunk Water Main Oversize Charge $315/acre Water Supply and Storage $130/single family Water Service, estimated at $150/single family I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Robert W. Rosene Date: August 21, 1973 Reg.No. 3488 Page 2. 3� 3 :OND ST, 7 )57.3'. \38.3'< \ j 4 X3.0 ` -7,4.4' 1 Iv s J 1 .0' ROW 9 l 5 I � MAIC." -i LINE - SEE RlGriT LA 10 ?L�!:; Scale: f=100'Horz., 1"-10' Vert. MATCH Life - SEE LEFT Z a 00 50' ROW t x I IG vV 8 BOXY 10 0 W sI 1 C� TEEY E YD. 8 �J N 5 L, O I, CUT INTO /! _' 36.0'�� >� PLUG AT CUT INTO TEE /0' I I `�3� t•' �� FAV 8 BOX 6 GV- & BOX ICS X 6 TEE -...'1 ECS ROW Ov.TLOT 3 10 GV d E30 ; LCWER W.M. BELOW CULVERT � I -- KI NGS S WOOD RD. TRUNK WATER ................................................. ............... ....._ .............................. ._ STREET JOHNNY CAKE i TE ADST ST.O SRD ST.URTH SRTH C OAK CHASE LA OAK CHASE WA KING'S WOOD R CLIFF ROAD WILDERNESS S • Assessment Minutes • • - June 14, 1982 - I JAMS AND ARVELLA HORNE - PROJECTS #131 d, 824 - MGsw00D ADDITION Mr. and Mrs. James Horne appeared relative to their request that a por- tion of the assessments proposed by the staff for Kingswood Addition be re- scinded as recommended by the staff. Tom Colbert reviewed the proposal and indicated that Kingswood Addition was platted providing for Lots 1 through 11, and Outlots 1, 2, and 3 in 1963. Mr. Horne installed a private well and internal 6 inch water lateral system in Kingswood Road north to Outlot 2, in approximately 1964. In the Fall of 1973, Lot 11 requested water service from the City rather than the developer's private water supply, Lot 11 being the only lot with an additional homestead, other than the Hornes. Under Project 8131, approximately 335 feet of 10 inch water main was constructed within Kingswood Road connecting to the existing 16 inch trunk water main on Pilot Knob Road which was constructed under Project 024 in 1968. As a part of Project #131, Lot 11 was assessed 120 linear feet in accordance with the 'Feasibility Report. On approximately March 17, 1982 the well located within Outlot 2, providing water service to Lots 3 through 10 was no longer operable and one existing house located in Lot 7, owned by Mr. Horne was in need of 1 water service. He requested the City open the gate valve at the north end of ,/I Coronation Road to allow access to the City water supply. Although all lots in Kingswood Addition have been assessed for trunk sanitary sewer and water area assessments, they have not been assessed Cor the Pro - lateral benefit to receive the 16 inch water trunk main installed under Pro- ject 024 in Pilot Knob Road or for the 10 inch water trunk main installed under Project 0131 located within Kingswood Road. The staff therefore recom- mends that a spread of assessments covering the benefit to Lots l and 2, from Pilot Knob Road and Lots 3, 4, 5, 6, 7, 8, 9, and 10 on a shared assessment based upon benefits received therefrom and Outlot 3 being assessed for 240 feet of linear feet assessment along Pilot Knob Road. It was noted that Lot 11 had been assessed under Project 0131. Mr. Horne stated that he felt that the City should not be assessing Outlot 3, both along Pilot Knob Road and Kingswood Drive. Mr. Colbert indicated that the assessment is not on Outlot 3, on Kingswood Drive, but rather the benefits received for the other lots on Coronation Road. The staff recommended that of the 933 feet frontage on Pilot Knob Road, only 440 feet be asssesed. Mr. Horne objected to the assessment of Lots 1 and 2 on Pilot Knob Road, indicating t -hat eventually he expected a lateral running westerly from the Coronation Road lateral. He further stated there was a verbal agreement in 1973 with the Council that the 240 feet on Pilot Knob Road, that no assessments along Pilot Knob Road would be asessed against Outlot 3. The staff researched the issue and could find no evidence of such an agreement. Mr. Colbert indicated that the credit on Pilot Knob Road against Outlot 3 should be 150 feet with 165 foot rather than 240 foot assessment. After considerable discussion, Egan moved, Blomquist seconded the motion to recommend to the Council approval of the staff recommendation on the basis of the current policy and noting that there appeared to be sufficient benefit against the Lots proposed to be assessed and further, that there did not appear to be an agreement as alleged by Mr. Horne, in 1973. All voted in favor except Vogt who voted no. 34 M 0 III. NEW BUSINESS A. Project 131 and 24, Lateral Benefit from Trunk Water Main - -- Drirl. t.nn (.1.m Nrmcl BACKGROUND INFORMATION The attached map shows the layout of water main that services the King's Wood Addition located west of Pilot Knob Road and just south of the City Hall. In approximately 1963, the King's 4.bod Addition was platted providing for lots 1-11, Outlots 1, 2 and 3. In the fall of 1963 and 1964, the developer; Mr. James B. Horne, constructed a private well and an internal 6" water lateral system from King's Wood Road north to Outlot 2 (location of well). This installation was perfozmed by the developer and all costs were assumed by him. In the fall of 1973, Int 11 requested water service from the City rather than from the devel- oper's private water supply. Subsequently, under Project 131, approximately 335' of 10" trunk water main was constructed within King's Wood Road connecting to the existing 16" trunk water main on Pilot Knob Road which was constructed under Project 24 in 1968. As a part of Project 131, Lot 11 was assessed 120 if in accordance with the feasibility report as discussed at the public hearing held on September 18, 1973. On approximately March 17, 1982, the well located within Outlot 2 providing water service to Lots 3-10 was no longer operable. Subsequently, the one existing house located on lot 7 owned by Mr. Horne was in need of immediate water service. Mr. Horne requested the City to open the gate valve at the north end of the Coronation Road cul-de-sac to allow access to the City water supply. While all lots within the King's Wood Addition have been assessed for trunk san- itary sewer and water area assessments, they have not yet been assessed for the lateral benefit received from the 16" trunk water main installed under Project 24 located within Pilot Knob Road or for the 10" trunk water main installed under Project 131 located within King's Wood Road with the exception of the previously referenced Lot 11. -vim-- •a v i i� �• • Staff feels that it is appropriate that these lots now assume their financial re- sponsibility for benefit received from the existing trunk water mains which pro- vide City water to this subdivision now that the private water supply system is no longer in operation. Based on existing City special assessment policy pertain- ing to lateral benefit from trunk water mains, the following table calculates the lateral benefit from tank water main and a reoonmsuded spread for each lot with- in this subdivision that receives benefit: (See next page for table) 3S� 0 CITY OF EAGAN SPECIAL ASSESSMENT COMMITTEE MEETING - KING'S WOOD ADDITION JUNE 14, 1982 PAGE TM IATERAL BENEFIT FROM TRUNK WATER MAIN - KING'S WOOD ADDI'''ICN f Lot 1 100 LF frcm P.K. Rd. @ $15.00/LF i s0 Cw v1., C' 4; _ $ 1,500.00 Lot 2 100 IF frau P.K. Rd. @ $15.00/LF = 1,500.00 Lot 3) $580.99 Lot 4) to share equally in 309.86 LF of lateral 580.99 Lot 5) benefit from 10" trunk on King's Wood Rd. .. .580.99 Lot 6) 309.86 IF @ $15.00/LF = $4,647.90 : 8 lots 580.99 Lot 7) _ $580.99/lot 580.99 Lot 8) 580.99 Lot 9) 580.99 Lot 10) 580.99 = 4,647.90 Lot 11 Already assessed $690 under Proj. #131 (5-4-74) y O.L. 3 x6-<240" LF for P.K. Rd. @ $15.00/1F = egg gq. TOTAL KING'S WOOD ADDITION LATERAL BENEFIT RESP. PER 1982 RATES $11_1 - /0 12A-9 NOTE: These are single family rates. Multiple family or c xn ercial/industrial rates wi 1 be applicable subsequent to any rezoning that changes the present R-1 classifi- cation. 9his table is calculated fmn the existing 1982 rates for lateral benefit from trunk water main. If the developer prefers, the City would be agreeable to allowing these assessments to be spread against the affected lots over a 10 -year period at an annual interest rate of 10% on any remaining unpaid balance. In addition, if the developer wishes to defer these assessments, the staff is request- ing that he sign the attached form waiving his rights to a hearing and requesting that the assessments be deferred until the time of actual connection for each re- spective lot with the understanding that the assessment for each deferred lot would be calculated on the lateral benefit from trunk water main rate in effect at the time of connection in accordance with the then existing zoning. In summary, the staff is reommending that Mr. Horne be required to take out the necessary water connection permit, pay the associated water connection fees, in- stall a 6" gate valve within Outlot 2 adjacent to the well and physically discon- nect the old water supply system and either pay $11,247.90 in lateral benefit from trunk water main assessments as a lump sun or spread over a 10 -year period at an interest rate of 100 on any remaining unpaid balance or sign the "Consent to Pro- posed Assessments" agreement form, and pay the staff calculated water usage fees from March 17, 1982 to the date of the water connection permit. Although Mr. Horne has been using City water since March 17, 1982, he has not yet obtained a water connection permit nor installed the required water meter to mea- sure the flow volumes being used. / CCMME[1i5 lNe��� T^ n eAa��_ti,� e .�.1/.�.-w� -1 ` f i s0 Cw v1., C' 4; Lor W. 1'N' y r S 0 0 o I Abp i -r' t o � a I ' ; I hereby certify th.lt this f a.. reportwas prepared by m Q F w q•j E R /Y` A� N 5 supervfsionandthatlama itect under the laws of Ili,, n - n UT 101 '',%'I %� a OUT�oT2 'GOROMATIOM_ROAD . co .� �• WELL *114 r - SAO, -a' ML1 �. I. . 1. ` ,"i1Y DIRAtJT C+gTG- .'••• Y Perri OY V .\ ' TO 13E �FOV1C Wu,KH YAC° " • ,' , O �E t.1Nt Is Ek TCI+b[D) Q39I1j Sad, 104MDJH . Y vi '•r 1 .. -. .' fNhl IV QY'Li rw�j .�• r" r ou-ruoT •.. �. �ioeiii0�oo��oior ®s0i®iso.0ooa®oe�.�iiissoo�®sooio,.p�� 41 A -re t m ly.. r � — 1 - 1>kW. b. 60. Ko. 31 .' .(PILOT V–N0 13 ft0 I ' ; I hereby certify th.lt this f a.. reportwas prepared by m Q F w q•j E R /Y` A� N 5 supervfsionandthatlama itect under the laws of Ili,, n - n LATERALS • • The cost of constructing water laterals will be re- covered by assessing abutting properties. When assessing for water laterals, the "front foot" method or the per lot method may be used. Assessments for water laterals are levied against all benefited properties in the area to be included at the same time, even if some properties do not connect at the time of assessment. The rate of assessment is based on actual project cost. This actual project cost is divided by: The total number of adjusted front feet in the project area, to calculate the per front foot rate; or The total number of assessable lots in the project area, to calculate the per lot rate. Lateral Benefits from a Water Trunk Where a trunk main serves as a lateral (providing service to abutting property), a lateral assessment or connection charge in lieu of assessment will be charged. The assessment for lateral benefit from a trunk will be levied at the time of connection. However, property ,= owners have the option to prepay this assessment at any time at the prevailing rate'even though the property owner does not desire to hook up at that time, pro- vided that the water or sewer main is directly accessible for lateral purposes at the time of assessment. 1 The lateral benefit rate is determined annually for all connections to be made that year and is based on current unit prices for the size of the lateral main which would I generally be required for lateral distribution if the trunk main was not installed. The cost of the service stub (from the main to the property line) will be in addition to the assessment for lateral benefit. _ CONSENT TO PROPOSED ASSESSMENTS IN CONSIDERATION of the postponement by the City of Eagan of the levy of the assessments for lateral benefit from trunk water main installed under Projects 24 and 131 serving the following property: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Outlot 3, King's Wood, according to the plat thereof on file and of record in the Office of the Register of Titles, Dakota County, Minnesota. The undersigned, for themselves, their heirs, executors, administrators, Suc- cessors and assigns, hereby consent to the levy of assessments or the making of a supplemental connection charge in lieu of assessment at the time of connection of said property to said trunk lines or at any earlier time at the option of the under-''. signed, so long as said assessment or connection charge is made at the prevailing rate at the time of connection or such earlier time at the option of the undersigned. The undersigned, for themselves, their heirs, executors, administrators, success- ors and assigns, further hereby waive notice of any and all hearings necessary and waive obj -action to any technical defects in any proceedings related to any assessment Cor connection charges for City of Eagan Projects 24 and 131 for said improvements, and further waive the right to appeal from any assessments or supplemental connection charges made pursuant to this agreement as they may relate to these postponed assessments. The undersigned further states that they are the ownera of the property herein referenced and that they can sign this agreement without consent of any other person or any other person with an interest in the property consents to this agreement by signature at the end thereof. DATED: James B. Horne Arvella W. Home By APPROVED CITY OF EAGAN: ATTEST: ' l` Its Mayor - Its Clerk `` STATE OF MINNESOTA . COUNTY OF DAKOTA 99. On this day of 1982, before me a notary public in the above named County, appeared JAMES B. HORNE and ARVELLA W. HORNE, to me known personally to be the persons who executed the above document, and acknowledged that they executed the same as their free act and deed. Notary, Public STATE OF MINNESOTA l COUNTY OF DAKOTA On this day of 1982, before me a notary public in the ( above named County, appeared BEATTA BLOfIQUIST and, EUGENE VanOVERBEKE, the Mayor and City Clerk of the City of Eagan, the municipality named in the foregoing Instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said isntrument to be the free act and deed of said municipality. 39. y Notary Public 0 0 Agenda Information Memo July 16, 1982 Page Seventeen DAKOTA COUNTY - JAIL FACILITY C. Dakota County to Amend the PD & for a Preliminary Plat, Dakota County Plat #1, in the Mission Hills Planned Development -- A public hearing was held by the APC at their last regular meeting held on June 22, 1982 to consider an amendment to the Planned Development agreement between the City of Eagan and Mission Hills South Planned Development and for a preliminary plat, Dakota County Plat #1. Action was taken by the APC to recommend approval of both the amend- ment and preliminary plat applications. For additional information and action on this item, refer to the City Planner's report, a copy of which is enclosed on pages s�}}.� through _ Mr. Ken Harrington, a Planner for Dakota ounty, is requesting a waiver of the platting and zoning fees which amount to $250 for the new courthouse facility. The waiver of fee was not an issue to be addressed by the Advisory Planning Commission and therefore is before the City Council for consideration. Also enclosed for your information is a copy of the APC minutes found on pages SO - S1• ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the APC to approve the amendment to the Mission Hills Planned Development and the preliminary plat for Dakota County Plat #1. Action also to be considered is to approve or deny the waiver of platting and zoning fees. L Q 11 CITY OF EAGAN SUBJECT: pMENDmEw APPLICANT:. 0 ff7* LOCATION: PART OF THE NE44 OF THE NF'r, OF SECTION 31 SOUTH OF CLIFF ROAD AND WEST OF PROPOSED RAHN ROAD EXISTING ZONING: LB (I,IIIITEp BUSINESS) UNDER A PLANNED DEVELOPM DATE OF PUBLIC HEARING: JUNE 22, 1982 DATE OF REPORT REPORTED BY APPLICATION SUBMITTED JUNE 16, 1982 DALE C. RUNRQ,E, CITY PLANNER The first application submitted is a request to amend the Mission Hills South Plan- ned Development to allow a courthouse facility as a permitted use within the Limit- ed Business portion of the Mission Hills South Planned Development. The second application submitted is a request for preliminary plat approval, Dakota County Plat #1, which consists of approximately 11.30 acres and will contain one lot. ZONING AND LAND USE Presently, the parcel is zoned LB (Limited Business) under a planned development. The Eagan Land Use Guide also designates this area as LB (Limited Business) for this Particular parcel. The Limited Busines states municipal buildings or insti- tutional uses such as libraries, swimaning pool, church, public schools, religious centers are a permitted use in a Limited Business District. A clarification is needed that a court facility is a permitted use in a Limited Business District. Amending the planned development to allow a courthouse facility will, in fact, allow this as a permitted use within the Limited Business District. e0 i20 It is the City's understanding that Dakota County has an option to purchase 11 acres of the Mission Hills South Planned Development in which to construct a courthouse facility for northern Dakota County. It is staff's understanding that the Countyis only proposing to construct a 13,000 square feet for a courthouse facility at this time. The site plan shoos 32,000 square feet additional space which could be added on to this facility at a later time. The total square foot- age of the entire facility would be 43,000 square feet when the parcel is fully developed. As stated earlier, the parcel contains 11.30 acres of which 1.78 acres would be taken up in street right-of-way leaving a net acreage of 9.52 adkes. The total 41 0 CITY OF EAGAN DAKOPA COUNTY PLAT #1 JUNE 22, 1982 PAGE TWO 0 facility as proposed would only cover 10% of the lot. The proposed parking area also has been shown for the entire facility. Staff has calculated that the facili- ty would generate approximately 240 parking spaces for the 43,000 square feet. The first phase, or 13,000 square feet, would require 70 parking spaces to be installed at this time. In reviewing the site plan, Dakota County has met all setback requirements and all other ordinance requirements in regard to Parking, setbacks, lot coverage, etc. The County is proposing to provide access to the court facility from the southern side of the lot. This means Rahn Road extension and the east -west street would have to be constructed with the first phase in order to provide access to this facility. At the present time, the County is only proposing half rights-of-way for Rahn Road extension and the east -west street. Staff is requesting that prior to final plat approval, that either the full rights-of-way be dedicated for Rahn Road and the proposed east -west street, or easements be provided for the other half of the two roads in order that four rights-of-way can be obtained by the City prior to construction of Rahn Road and the east -Test street. If the preliminary plat is approved, it should be subject to the following conditions: 1. The plat be subject to the Dakota County Plat Comnission's review and comments because it abuts a County road. 2. A development agreement shall be conpleted prior to the final plat. 3. A detailed landscape plan shall be required and reviewed prior to the sub- mission of the final plat. DCR/jach ENGINEERING RECQMMEADATICNS 4. The southerly extension of Rahn Road and the public street along the southern boundary must be ordered for improvement by Council action prior to final plat approval. 5. Sufficient right-of-way to incorporate the public street construction referenc- ed above must be acquired prior to or dedicated as a part of the final plat. 6. The internal storm water pond must incorporate a ponding easement of sufficient area and capacity to provide 4.5 acre feet of storage capacity at a controlled outlet elevation of 906.2 and a maximum 100 -year flood elevation of 914.0. 7. A detailed grading and drainage plan must be approved by staff prior to final plat application. 8. All necessary drainage and utility easements must be dedicated as a part of the final plat. 9. This development shall accept its financial responsibility for trunk area storm sewer assessments and lateral benefit from trunk water main as de- termined by the rates in effect at the time of the final plat. 4k 0 0 TO: THE ADVISORY PLANNING COMMISSION, C/O DALE C. FUtME, CITY PLANNER FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: JUNE 17, 1982 RE: PRELIMINARY PLAT - DAKOTA COUNTY PLAT #1 The Public Works Department has the following comments to offer for consider- ation of the above -referenced plat: UTILITIES Sanitary sewer of sufficient size, capacity and depth to handle this pro-- posed ro-posed facility was constructed under Project 254 (Contract 79-17) along the east property line (southerly extension of Rahn Road). Water main of sufficient pressure and capacity was constructed under Project 127 in 1973 and is located along the north side of Cliff Road. Access to this proposed facility would be by way of a southerly extension of Rahn Road south of Cliff Road to the southeast corner of this proposed plat. This street would then continue west along the south property line. Both streets require additional right-of-way dedication frau the adjacent proper- ties on the east and south to allow their construction. No access is anti- cipated to be obtained directly from Cliff Road (County Road 32). GRADING/DRAINAGE All surface drainage from this proposed plat is directed into the internal pond in the approximate center of this plat. A gravity storm sewer outlet fran this pond will have to be constructed north to Cliff Road and then east to the storm sewer system presently being constructed under Contract 81-1 at the future interchange of 35E with Cliff Road. Internal storm sewer laterals and catch basins draining the parking lot in the southerly street will have to be installed with ultimate discharg= ing to this internal pond. RIGHTS-OF-WAY AND EASEMENTS A 50' half right-of-way will be dedicated for Cliff Road as a part of this plat. In addition, the full 80' right-of-way will have to be acquired for the southerly extension of Rahn Road together with a full 60' right-of-way for the westerly extension of the street along the south property line. This proposed plat only indicates a 40' and 30' half right-of-wav respective- ly. The additional rights-of-way will have to be obtained as a condition of final plat approval to allow the construction of the required public streets. A storm water ponding easement will have to be dedicated incorporating the pond located in the center of this proposed plat. The easement will have to 43 0 0 Ehgineering Report Dakota County Plat #1 Jame 22, 1982 Page two incorporate an elevation that will ultimately provide 4.5 acre feet of storage capacity above the future outlet controlled elevation of 906.2. All other standard drainage and utility easements will be required adja- cent to public rights -of -Dray and ommon property lines in addition to those incorporating internal utility distributions. ASSESSMENTS This property has not yet paid its trunk area storm sewer related assess- ments in addition to the lateral benefit from trunk water main that was installed along Cliff Road. In accordance with 1982 rates, these addi- tional liabilities amount to $24,045.00 and $14,040.00 respectively. In addition, this property will have to bear its fair share of assess- ments related to the southerly extension of Rahn Road and its westerly extension across the southern boundary. Costs for these improvements will be defined as a part of the feasibility report at a future date. I will be available to discuss in further detail the information contain- ed in this report at the Planning Commission meeting of June 22, 1982. Respectf submitted, i Thomas A. Colbert, P.E. Director of Public Works TAC/jack 44 �b 4v ' 4bS NO . NV,- ' LEGEND PONDING AREAS . . . .. . . . .. . . STORM SEWERS (existing) . .. . . . . . STORM SEWERS (Proposed) . . . . . . . . — — — — — -- STORM LIFT STATION (e sling) . . . . . . W STORM LIFT STATION (Plops»d) . . . . . . O STORM FORCE MAIN. . . . . . . . . . . +++++ "JOR DIVISIONS . . . . .. . . . . . NORMAL WATER LEVEL . . .. . . . . . 900.0 POND NIGH WATER LEVEL . .. . . . . . 9000 OVERLAND DRAINAGE ROUTE 45 SP � .'';.�' —ss ss. : y ss� . •e. ^' SS 59 .. .•..• I�j,,/YKlw�ee ` m 2•i ]— ?'� T 3' w i_i_i? H! GF!;a: y N{) ! r ..as:►M5�_ w w w . ( - F +r Ar sq •9- 6Vrro[uruYlxouf '.700.09A It A. n. 'WR.W CIY 14:.cenyLcb12r.R23 COUNTY TE—AID 1HIGH0.`:,' X32 4F 0 910 MAL T Yf ' 3m KS ;+YaRlr'L�ff• CK ynEE •cx .r Yx�...1.,, I t- rOAKa fRLa IE•CA M ypyp / 88Est 920- 7. ty r�LLYr w POND 1 � 9144 :k -.,�•. i y:_ - � i,: m C Ix Ms lOELIYER, 2.n •'moi: , O i.o -L•ARY SVLR Lxn K 9 Ch RS f3! X ' >< tC2•I'EWs iri/Y. E Y MAKE Y / y ER URKING ELYa FR.YL LlY_A. 2 ' L u ROY9L .2 IL, Y I.. oi E IR y -la LYa tiirr n 913* Yi �' y 9- CLFR ML Ac W ELM s. o t' 4v 7R✓�,t� Q 9A Kms/ . ..u•� x . I •2 0 0 r r. ll PROPOSED PLAT DAKOTA COUNTY PLAT I I 7- •)q, 7 �!i/�/ -`� - -_•- MENDOTA � .: -. . .. =a_..=- �----Ri=o_;-- _____-J'.';... .,.;;. '�- :..:. �•. RB GE .meq 11T�Fmibf VIZ r • 6 _ .�� ,,5, ; o null 1 _ ��Y.'�-++�•. S":!.�.: J o l.j • — � -t /�/ \ .r/ f's SRI.. .`FJ t'� 1 C�.y:- •_•. ` _ _ _' .�•'�. _:'"�'4.r'•m+ .ry •_ .Ind .o..c ._ ..r.--•... JOB • - - - 'r.�� If-�1:= :_.�:.-ems..•:. •�- ���• - �� ��: Mali p�. / ��•, Ind. - • _ 7 Rill - 1� R-11 - o ISI P • I R-111 ice'_' Q� -.;•,; ;•_ — • _ `• — •,f Ind ..J NB • LB�� R-11 o R % II 2 b % R-11 ..�.. 1. :aeu (/�' LB _ - • - -!-' CSC. P j • .ow., .� +��,, .,' R-11 i <r —fir U R LB ` r�^�,� � /..G• I V, �\�F+n ric ``�.e, f` :I, ;,I � �� a 1% /i R Rill '` m.^•h d,;ao:o.. R -I - _I:... ar'� L .. ..r1. yR'� •ti .•. _ - .�•,- +a, -y1. R IIS_ RRR O Av ••'� , R•III w.u. ,{a• ...:�,�.:..�;. �i. � CITY �� dl y: aC 'b- HALL Ind '.� � s r) � <. �� t,r.•" � � FFI --- R- �' Ci H et•� /- R -IV -i ;�, �.i rG'_ .R-�I 'S. 09 R-1 RIZ I R -III W. , R'11 R -II _ •— LB-; N Ei . ,aA t � N t� ' ;RI-'�.r RB RIII a r � R 111 R -III i.�!' �•It .... � y CSCIGB/LB all r, � a �� R -III I /s � ii rl .. i � Y ! L ��,,~ ylFr.�(,. jn''� 4:. ~ i � •-_�•��eJ1ii:w ! �I.r r. tir Ir^•- p 2' Ral i R II \. ...yF����,++• •..• R-11 R-11RI P`� i •F t tTrr ®� ,mss. �`� � a... L I t:q+•.•. .w LB R -III LB '�B IR -I � �...:y CSC z T - L�, ^LB �% �R-I I�f� b RI m.,., R_ I, R Ir R -II S UViG�IL.LF cvuln < ' P I (.ter R -II ) :i�j��i+ t /•IIR 5 .`.•I —_ •'da. ...� "� '%rl v R-IR-11 _'!•✓'t`a +Zi•P•TYp RII R/II+ �ueu.tewnnL( n (1,�- 1a - 'n �•d .dam o,ii —_ ilf 1• Q ../Li G P ;-f? �a wror r r �µ r•"+I: - �p 03 07 . APPLE •f%/ VALLEY �;GROSEMOUNe- APC Minutes June 22, 1982 0 0 DAKOTA COUNTY PLAT #1 - MISSION HILLS SOUTH The Chairman convened the public hearing regarding the application of Dakota County for an amendment to Mission Hills South Planned Development to allow a courthouse facility use within a Limited Business portion of Mission Hills South Planned Development and an application for preliminary plat approval of Dakota County Plat 111 consisting of 11.3 acres with one lot. Jeff Connel, Dakota County Planner, and Jim Baxter from the Dakota County Attorney's office appeared on behalf of the applicant. Mr. Connel indicated there would be 180 parking spaces with a maximum of 320 when fully developed. The Rahn Road extension would require an additional 40 feet on the east side and he indicated that the County is attempting to acquire the additional right of way. There were no objections to the application. Mr. Connel explained in detail the proposal indicating that an option has now been signed with the owners of the property and that the County is proposing to build a 13,000 square foot courthouse facility at the present time. An additional 32,000 square feet is proposed for the future with only court facilities at the present time. Member Wilkins suggested that the road plan in Mission Hills should be reconsidered and suggested parking on the north side of the building with direct access to Cliff Road to avoid excessive flow of traffic from Vienna Woods to the intersection of Rahn and Cliff Road. Mr. Connel stated the County Board and Highway Department both recommended access at Rahn only rather than an additional access to Cliff Road. It was noted that an amend- ment to the Planned Development will be necessary to clarify the permitted use. After discussion, Krob moved, Hall seconded the motion to recommend approval of the application, subject to the following conditions: 1. The plat shall be subject to the Dakota County Plat Commission's review and comments because it abuts a County road. 2. A development agreement shall be completed prior to the final plat. 3. A detailed landscape plan shall be required and reviewed prior to he submission of the final plat. 4. The southerly extension of Rahn Road and the public street along the southern boundary shall be ordered for improvement by Council action prior to final plat approval. 5. Sufficient right-of-way to incorporate the public street construc- tion referenced above must be acquired prior to or dedicated as a part of the final plat. 6. The internal storm water pond shall incorporate a ponding easement of sufficient area and capacity to provide 4.5 acre feet of storage capacity at a controlled outlet elevation of 906.2 and a maximum 100 -year flood eleva- tion of 914.0. 7. A detailed grading and drainage plan shall be approved by staff prior to final 'plat application. SO 7 0 0 APC Minutes June 22, 1982 8. All necessary drainage and utility easements shall be dedicated as a part of the final plat. 9. This development shall accept its financial responsibility for trunk area storm sewer assessments and lateral benefit from trunk water main as determined by the rates in effect at the time of the final plat. All voted in favor except Wilkins who voted no, indicating that she felt the parking and traffic should be reoriented because of the fact that Rahn and Cliff would not be signalized at the present time and excess traffic could result. 0 0 Agenda Information Memo July 16, 1982 Page Eighteen REZONING - FEDERAL LAND COMPANY D. Federal Land Company for Rezoning from R-4, LB and CSC to PD -- A public hearing was held before the APC at the May 25, 1982 regular meeting, and due to a lengthy discussion and request for information, the public hearing was continued until the June 22, 1982 APC meeting. The public hearing was held to consider a re- zoning request, an application submitted by Federal Land Company to rezone approximately a 100 acre area from Community Shopping Center, Limited Business, General Business and Multiple Residential to Planned Development. The Advisory Planning Commission is recom- mending approval of the rezoning application to the City Council. The City Council gave consideration to the recommendation of the APC and the application at the July 6, 1982 meeting. There were several questions raised by persons in the audience and the City Council regarding the proposed development. Many of the questions related to the history of park land and the plans for storm water drainage. The various questions and issues that were raised by these persons were outlined by the City Administrator for research by the Administrative Intern and support staff: 1. Reference and files to determine if there was ever a presen- tation by Jerry Minea suggesting a Williamsburg motif type development for that 100 acre site. 2. Research the minutes to determine whether the City ever accepted, reviewed or considered park land dedication of ten acres west of Lexington and south of Yankee Doodle Road in the 100 acre site for a ball diamond, which met the 10% dedication factor. 3. Check with the Director of Parks & Recreation regarding official action to dedicate a ten foot trail and preservation of three acres of property around the pond north of Duckwood Trail apartment complex and south boundary as a part of the 100 acre development. 4. Check with Tom Colbert regarding storm water; and according to the storm water master plan, are the ponding areas ade- quate to handle the amount of surface water run off for the 100 acre site without any impact on the O'Neill property north of Yankee Doodle Road? A person in the audience claimed there will be enough storm water run off that an additional twenty acres of land might be required on the O'Neill property north of the subject parcel. sa 9 0 Agenda Information Memo July 16, 1982 Page Nineteen 5. How much park land is the City sacrificing if the 100 acre development goes as a planned development? 6. The City Council would like the City Planner and developer to tighten the details and define the proposed uses for the limited business and R-4 proposals within the planned development. These questions have been coordinated by Administrative Intern Witt with the assistance of the City Planner, Director of Public Works and Director of Parks & Recreation. Enclosed on pages through (6,+ is a memo from Administrative Intern Witt to t e City Administrator which addresses a number of these issues and found on pages (0s, through 6(0 is a memorandum regarding action taken by the—tcvisory Park-s-T--Tecreation Committee on the Federal Land Company/Eagan Heights proposal. There is not a speci- fic preliminary plat being considered at this time, and therefore the planned unit development does discuss concepts; however, in a recent meeting with representatives of the applicant, the concept for the motel and office buildings as well as some other commercial uses were given more specific review in the attachment. For addi- tional information on this agenda item, refer to pages 78 through 119 of the agenda information memo packet from the July 6, 1982 meeting. Again, a copy of the minutes of the APC action is enclosed for your review on pages 6 7 through -76 A large drawing was included with the Last City Council—pac7et of the property which also included the adjacent property to provide a better des- cription of the proposed project. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the APC to approve a rezoning for the proposed Eagan Heights Commercial Park Project. S3 0 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE INTERN WITT DATE: JULY 15, 1982 SUBJECT: EAGAN HEIGHTS COMMERCIAL PARK In 1968, approval was given to Girard Minea to rezone 100 acres from Agri- culture to Business, Commercial and Multiple Housing. A copy of the concept plan for Rolling Green, as it was called, is attached. Paul Hauge's staff researched the minutes and found eight (8) lines referring to the proposed development. There was no mention of a Williamsburg motif. A history of ownership of this parcel plus zoning changes is also attached. There is nothing in the minutes about park land dedication in this area. Barb Schmidt suggested to Ken that a plan had been proposed by someone outside the Parks Committee and Department that a 10 acre site with ball field should be at this location. There never was any official action on the part of the Parks Department. Indeed, they want an active neighborhood park, complete with ball fields, at a more southern location nearer to the school site. Ken says the City has a 30' trailway from Duckwood Trails and a 15' ease- ment from Duckwood Estates. The Parks Committee would like a connecting trail easement from Eagan Heights. The connection would be around the north side of the pond. The trail would meander from west to east following the topography. Sometimes it would be on park land, sometimes on the planned development land. This trail would be in addition to the traits along Lexington Avenue and Yankee Doodle Road. The City will request a cash dedication which will be used to purchase additional park land to the south. Any land dedication loss would be slight -- from 3.6 acres to 1.6 acres and this would be additional open ;cash space to Deboer aesthetically pleasing pond in the area. Park. However, the dedication loss will be greater: 36 acres x 14 units x $258 per unit = $130,032 16 acres x 14 units x $258 per unit = 57,792 Loss = $ 72,240 Ken sees the park land and proposed green space as beneficial to the office park and Duckwood Trails. He also sent you a memo regarding Eagan Heights. The drainage plan is in accordance with the City's plan. Tom says the pond in the southwest corner of the PD is not a part of the City drainage plan. The developer feels that the pond will enhance the office towers site and they will probably dredge and seal it so as to keep a clean, aesthetically pleasing pond in the area. Ponding areas in or near the PD are sufficient to handle anticipated surface water run-off. a4 Eagan Heights July 15, 1982 Page Two 0 0 Commercial Park Memo Carl Dale, Dale Runkle and 1 met Wednesday morning to discuss the Eagan Heights concept plan. We acknowledged the importance of stressing the fact that this is a concept plan, general in scope. Detailed reviews are to be made as each phase is proposed. The appeal of the PD is supposed to be its adaptability with the Council maintaining total control over the entire development. As each phase is proposed the Planning Department will look closely at allowable uses by underlying zoning. There will be certain CSC uses which will be denied, e.g., a gas station or bowling alley. The proposed uses must be within allowable uses. If the proposed use changes, an amendment will have to be filed when a preliminary plat is applied for. In the Limited Business zone there will be 20% lot coverage. The developers hae also agreed to a 100' green area to screen the R-1 area directly to the south. The number of units in the R-4 zones will be in accordance with the zoning ordinance at the time of construction. Federal Land Company noted there was a question regarding a sliver of land originally zoned LB and now included with the CSC. Carl said this piece would be for parking, a motel or an office, but never retail. The developers see professional offices and offices of a general nature whose operations do not include warehousing or retail sales in the LB areas. In a memo to the Planning Commission (copy attached) dated June 16, Dale Runkle identified the proposed uses by parcel which were shown in the Eagan Heights concept plan. Also attached is the artist's sketch concept for potential site development shown in different .colors for phases of con- struction. The sketch shows a first-class financial center, restaurants, office towers, motel, commercial and apartment structures. The concept plan shows, by parcel, the following uses: Parcel # USE 1 CSC Financial Center, Class 1 Restaurants 2 CSC Motel with Parking 3 CSC 16 -Story Office Tower with Parking 4 CSC Commercial - Principally Office 5 GB General Business 6 R-4 Multiple Housing R-4 7 LB General Office 8 LB Two 12 -Story Office Towers, General Office 6'S R O L L I A 0 ......... ... E N SIIN..[-SOIA SECTION 15 Owner or APC Board Zoning Developer Legal Description Action Action Class Cirard Minea Nk of h'Ek of E' of NEy 12-23-68 2-4-69 A to R4, R 1691 S.l'ictoria of NVk (100 acres) C1 & C St. Paul, MN Rolling Creen-(Herb Heuer prop) Robert Karatz & S' of NWk of & subj. to 5-27-69 7-15-69 A'to R6 & I Kenneth Appelbaum I35E (80 acres) 3520 Pilot Knob (John T. Moeller prop) Eagan, MN E.E.Parrar.to Sec -15 W� of NWS of NWS 8-26-69 10-7-69 A to C2 1220 Commerce Bldg. 20 acres (G. Tanker,:ff) St. Paul, MN E,E.Parranto S' of NEk 80 acres 8-26-69 10-7-69 A to R6 Commerce (B. Toledo prop) St. Paul, MN' Investor Comm. NWk of NWS 40 acres 9-23-69 10-21-69 A to Cl Northwestern Bk. excluding row of 135E MN Don Christenson S 630' of N 1025.5' of W 8-25-70 9-29-70 A to Ri 3650 Pilot Knob 450' of SWk (6.5 acres) Eagan, MN Pilot Knob Prop. E of Pilot Knob & 12-28-70 2-2-71 F. t R4 S of Yankee Doodle � 7 TO: CHARLES HALL, CHAIRPERSON AND THE ADVISORY pT.AMING ODDTIISSION FROM: DALE C. RU ME, CITY PLANNER DATE: JUNE 16, 1982 RE: ADDITIONAL INEIOFTWION REGARDING THE EAGAN HEIGHTS CCmmERCIAL'PARK At the May 25, 1982 Advisory Planning Commission meeting, the Advisory Planning Conmission requested continuance of the Eagan Heights Camercial Park Planned Development because of several concerns. These concerns are: 1. The applicant was proposing alternate uses as permitted uses on the plan- ned development. 2. The underlying zoning of the planned developrnnt be looked at in regard to what would develop if the planned development would lapse. 3. More tine is needed todiscussthe planned development with the surround- ing Property owners in regard to use and landscaping. 4. The applicant submit a staging Plan as to how and when they would develop the property. The applicant has met with the City staff in regard to the underlying zoning and proposed uses within the Eagan Heights Camerclal Park Planned Development. The applicants have submitted a sketch plan indicating the proposed use and what the underlying zoning would consist of. The following is a breakdown of the individual parcels: .:...-.. . PARCEL PROPOSED USE UNDERLYING ZONING EXISTING ZONING 1 CSC (Ca mm pity Shcp.Center) CSC CSC 2 CSC GSC LB; GSC 3 CSC CSC CSC 4 CSC CSC CSC 5 GB (General Business) GB R-4, GB 6 R-4 LB (Limited Bus) R-4 y IB LB R-4 8 LB and GB IB IB Note: The applicant has indicated that parcel 2 also includes a high-rise motel. Staff is suggesting before a hotel is a permitted use, a conditional use permit be approved by the City Council for height and use for a motel in accordance with Ordinance 52. This can be dealt with the detailed phase of parcel 2. Parcel 3 - the applicant has indicated an office tower. Staff is ing that nothing more than 3 stories be allowed at this time until also suggest- a conditional use has been approved by the City in accordance with Ordinance 52. CITY C' EAGAN EAGAN HEIGHTS CaIZEMCIAL PARK PLANNED DEVEIMENp JUNE 22, 1982 PAGE TWO Parcel t - the applicant is proposing to leave 16.6 acres as R-4 (Residential Multiple) for a 5 -year period. If the R-4 or multiple does not develop in this five years, the parcel will revert to a Limited Business or office use. Parce 8 - the applicant is proposing Limited Business and General Business use adjacent to the internal street. Staff is suggesting that the entire parcel be set up as IB (Limited Business) in accordance with the sketch plan of the Plan- ned Development. If the developer wishes a more intense use in the future that an amendment be made to the Planned Development with the detailed phase of this parcel and the City will look at the feasibility and design of the more intense use at a later time. The applicant has also met with the surrounding property owners in regard to landscaping and input in regard to the overall develcpnent plan. It is the staff's understanding that the residents are not opposed to the overall use of the Eagan Heights Comearci.al Park Planned Development. They do have some de- tailed questions which they would like clarification and possibly more informa- tion in regard to the landscaping along the north lots of Duckwood Estates. It is staff's understanding that the residents will be providing these additional comments at the Jame 22, 1982 Advisory Planning Commission meeting. Staff has also net with other surrounding property owners - Zo1Lie Baratz of Duckdood Trails, Mr. Ken Applebauan of the parcel immediately west of Duckwood Estates and east of the proposed Denmark Avenue, Mr. Ron Krank who is develop- ing the shopping center north of Duckwood Drive, and staff has contacted Hill- crest Development who owns the armmm pity shopping center portion north of the proposed shopping center. It is staff's understanding that these people are not opposed to the Eagan Heights Cam¢nercial Park Planned Development, however, they felt that in order to get an overall picture of what could develop within this area, they have requested that the staff provide a =rposite of all of the parcels in the north half of Section 15 indicating the overall development with- in this section. Staff has included a composite as to how the developers see the north.half of Section 15 developing. Granted, these parcels will have to receive plat approval by the City Council, however, most of the zoning is in place to allow the type of development shown on this composite. The applicant has also provided a staging plan as to how they foresee this 100 - acre parcel developing. Enclosed is a phasing plan showing which areas the developer would develop first, second, third and fourth. There has not been a' time sequence placed on this phasing plan but could be tied in to the proposed 10 -year planned development agreement. Hopefully, this additional infoumation provided will update the Advisory Planning Cotmuissicn in what has transpired during the last month to pmvide additional information for the Advisory Planning Commission meeting. If anyone has any questions regarding the infoanation submitted in this mem orandman or would like additional infonmetion, please feel free to contact me at the Eagan City Hall. - Sincerely, Dale C. Runkle, City Planner Y. _ 1 �— YR u1cFE DOODLE CORD" — (coUIJR• parvo NR 20)� �J U Le LJ{J IIsi � O s vooaoaooy po a ss o o ea la u o u:�P a min at a mull Ei YQY�p ii ■1i ■ ,1_cec Ueee_ 2-."c_Unq.. 0,0 Cr - Y ; .• ..•.. {• •a••• ■0. CRD—vit Frl- or ' 6.GEN ERAL BUSINESS � 4 •.1 {....Y..r...•..\. �O vee l■ovEfevpatJRt � ['•�'•^•�� �/ ��� ww.{ry..a.\W 'Ot C :�.. e c OQ ♦� ma® ■sa>00■ci 51. lie uses YY Q Q�■YISOmYYRI 71 BLlnnreD a llelNnfl� V t / .\..b[.�..Y..� 6 a :. ■ � tt .. wa.0 1 Iw.•.Y.. •� 4u n•<abI\u 0 �.I r o� Y — •ar t • � a � ,.•...,..,.a. � O�®�ammaa ■�aoa0p■e0ammmRlD' R0t•■ r .I � �. w4.H GIGYr4 [k11VE Y ! � � >i�jaoa0000ra0004ao oelmLmmY d S ...... ■ gaa00aoo►p T G . ••...... A.{ V IIJJ^ , LLY Y.w V r 7 •.• 87 LIMITPD B •BIN SS � �• �� .-....�.e•W •• � • sw'Y• n- ••r 'r u• waau �q w..... r•^•a... rd i rte. r its lu'�:ni.�.r.s+"...'il...."•^p•`r `!e. �Yw In •. 1 • r. a� 41mmm wit, END ea0ep Im lill nada as PROPOSED SKETCH PLAN EAGAN HEIGHTS COMMERCIAL PARK _...._ A PLANNED UNIT. DEVELOPMENT —' �•"�"'�"''•"•""• - 9Y SHB.._ ..- --_..—._ ._ .. Y.,... w.. ••+.'•.•�. r .� FEDERAL LAND _COMPANY �.I' jl LOCATED IN ._ __ _ - u\raa {\..o. n. ur...w. w.•u • t.\\ rn•. 1. w•u\ •:'i4:[� _BAOAy,_.pI1NNBSOTA_-- ROAD "'264121 (COUNTY ROAD NO 'Au ............ PHA, f '-f —ug am 5TL6 4"T j PHASE lop -- la rM MY, 6D 4� wt I JJ i da PH E D .STAGING OF RoAo' ."" ONSTRUCTION _j 11-40 a �f FI7 ELPAINARI PFWPAKOFOW-7 PHASINO PLAN FOR UTILITY AND J FEDERAL compamv, Inc.• CONSTRUCTION LANG ND COMPANY UNIVAC I1 1 1 j Go -- "---- R-- �lL--- IJ _�_U , �. SCALE 100 _—. - -_�._ - .. __ ..._. II NORTH DOODLE --___ __ __ YANKEE SQUARE DEVELOPMENT 17 - PROPOSED EAGAN HEIGHTS COMMERCIAL PARK 7,1 CSC 1 '.._.... _If i I, Wmp L ISI r PILOT KIIOD CENTER iV XL''I -��•\- AiI W - IAPdROVE" \\. ' V.I TNG r � f1Y11 AP PROVED YL MYLTIPLE. rj !I. tll,' APVROVI'O r- I-�-- ;I NE1.7 I 0(L¢L 111 Q TOWNHOUSES IEf115T.1 APPROVED MULTIPLE _ CREST 166 ING E _LITHE -' '--- CE QUADS f[KMA I QUADS, COMPOSITE MAP OF OVERALL DEVELOPMENT SHOWING EXISTING AND PROPOSED USES LYING IN SECTION 15, T.27, R.23, EAGAN. MIN? lr LAKE E , -FAMILY I � PA I 1\ PROPOSED ^`YULTil PLE E MUULTIP �• LTIPLE 1 APPROVED MULTIPLE li F . =:rPw- 17 aia Yom.�.-. r^,.. :.ARTI5T'5 SKETCH ;CGN&%VT Fon! POTENTIAL . SITE DEVELOPME-M���L_ ;C i� • EAGAN HEIGHTS COMMERCIAL PARK A PLANNED UNIT DEVELOPMENT By the FEDERAL LAND COMPANY Located In EAGAN • MINNESOTA' i luou'll, yI. L_� � 1. .L 4 ' �R •. A.r.q/.� %..r.r� I• 1 I I 1 � ♦ � N•R oN...R iwo] . L •(n w•n� YMII � J I - � � EXISTING ZONING DEVELOPMENT.._POTENTIAL EAGAN HEIGHTS COMMERCIAL PARK I. July 14, 1982 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR �a FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: FEDERAL LAND COMPANY/EAGAN HEIGHTS; ADVISORY PARKS AND RECREATION COPTMITTEE'S ACTION Thursday evening July 8, 1982 the Eagan Advisory Parks and Recreation Committee reviewed the proposed plat for Federal Land Company for Eagan Heights Commercial Park. The Advisory Committee spent a considerable amount of time in reviewing this proposal and its implications for parks and trails. The committee then offered specific recommendations to the City Council in regards to park and trails dedication. I believe it would be helpful for you to understand the background on the thinking of the Advisory Committee to better understand their recommendations. Primarily, the committee feels that a neighborhood park which will satisfy the residential needs within this section will not be the existing "Deboer Park." The neighborhood park will be further to the south, to be acquired at such time as an elementary school site is determined. Secondly, the Advisory Committee feels that Deboer Park, because of its topography and dominance by a ponding area, will not be suitable for development as an active neighborhood park. Rather, its purpose will be primarily "green space" with very limited active space a typical neighborhood park would normally have. Finan lly,F—e Advisory Committee saw the existing park acreage as acting as a buffer between the residential area in the Duckwood trails plat and the commercial and industrial development as proposed. And, as an enhancement and asset to the Eagan Heights Commercial plat. It was suggested that Federal Land Company would be a major beneficiary of any parks development to Deboer Park and may wish to work towards its enhance- ment. With this background it may be easier to understand the recommendations of the committee: A. That there should be a trail dedication along the southern bounda of the proposed plat. The Advisory Committee saw some problems with the "conceptual portion" shown for this trail; the committee felt that greater detail for the trail needed to be shown and/or determined at this time. The committee was concerned that the trail could be developed and maintained with regards to topography and existing vegetation. It's envisioned that the trail might meander back and forth between park property and the commercial property. This trail is to installed by the developer, subject to final re- view by the Director of Parks and Recreation. The committee felt that this trail should be connected with the internal trail system. B. Recommendation of the parks committee to require the developer to install 8' bituminous trail along Yankee Doodle and Lexington Avenue; and, that an internal trail system or sidewalk be installed along the internal roadways within the plat. And, for the internal trail system to provide a link with the commercial area and the proposed east -west trail just discussed. C. The committee recommended that the R-4 property within the plat, if developed as R-4, be subject to the cash dedication at the time of final platt- ing, rather than for additional park land. As indicated steep grade, and de - 67 Federal Land Company/Eagan Heights; Advisory Committee Action - A,!emo July 14, 1982 Page 2 sire for park land located with a school is preferable. D. The committee also recommended that each phase of the proposed development be reviewed and subject to potential parks dedication that may be implemented or approved in some future time. Although, the City does not currently have a dedication policy for commercial or industrial, the committee wished to express and see included within the development agreement, a stipulation which would make each phase of the P.D. subject to changes in the parks dedication requirements. E. Finally, the committee was concerned over the storm water run-off to O'Leary Lake and pond area within the park property, particularly from salts and other contaminants. Therefore, there was a recommendation that the City engineer or consulting engineer review the storm water run-off to ensure that there is a minimization of environmental affects on the lake and park property in general. I will be available at the July 20th City Council meeting to further explain or detail the Advisory Committee's recommendations should there be any questions. cc: Dale Runkle, City Planner Paul Hauge, City Attorney Tom Colbert, Director of Public Works 66 7 IRUBJECT TO APPROVAL MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JUNE 22, 1982 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, June 22, 1982 at the Eagan City Hall commencing at 7:00 p.m. Those present at the meeting were Chairman Hall, Members McCrea, Krob, Turnham, Wold and Wilkins. Absent were member Bohne and alternate Mulrooney. Also present were City Administrator Hedges, Public Works Director Colbert, City Planner Runkle, and City Attorney Paul H. Hauge. AGENDA Upon motion by Hall, seconded Krob, it was resolved that the Agenda be approved as prepared. All voted yes. MINUTES Upon motion by Hall, seconded McCrea, the Minutes of the regular APC meeting of May 25, 1982 were approved with the exception on page 9, that those in favor of the motion relating to Cinnamon Ridge 4th Addition were Bohne, Hall and Mulrooney, and those against were McCrea, Krob and Turnham. All voted in favor. - FEDERAL LAND COMPANY - EAGAN HEIGHTS COMMERCIAL PARK Chairman Hall then convened the continued hearing regarding the applica- tion of Federal Land Company for rezoning of Eagan Heights Commercial Park consisting of approximately 100 acres to Planned Development for commercial development purposes. The property is presently zoned CSC, LB, OB and R-4. Charles Bartholdi and Martin Colon appeared for the applicants. Mr. Bartholdi reviewed the sketch plan and staging of the road construction which were new submittals to the Commission. The applicant had requested a continuance in order for additional study at the last meeting to consider alternate uses and also to receive comments from surrounding property owners. Mr. Bartholdi stated there was a substantial reduction in the density to about 60% of the R- 4 area. He stated that there was a proposal for a motel but that the appli- cant wanted to retain its option for CSC uses in these areas. He also re- quested the sketch plan be a part of the Development Agreement with the information included on the plan. Representatives of surrounding property owners were present and were asked for comments. Scott Bader appeared for Barr-ett Construction Company and indicated that 310 units were approved for the Duckwood Trails project to the south and 148 are remaining to be constructed. He stated that the proposed application will result in a change in the nature of its development because townhouses would not be compatible with the commercial to the north. He proposed eliminating the townhouses and that the City allow the construction of three buildings with 252 units which would be 104 units above the 310 authorized. He re- quested the application be continued until the Duckwood developers could submit an application for amendment of the Duckwood PD. 1 67 0 APC Minutes June 22, 1982 Neighboring residents were represented by Mr. Sjobeck who presented a Petition signed by 56 persons in Duckwood Estates and St. Francis Woods. They had a number of recommended changes included on their Petition and he reviewed them in detail with the Planning Commission. He stated that there was some strong opposition from some neighboring property owners to certain types of zoning, including motel use. Kenneth Applebaum, a neighboring property owner to the south, indicated he had no problem with the plan, but was concerned about the Lake on the North side of the Applebaum property, which property has been approved for multiple - residential use. He also suggested that the one acre parcel to the northwest be used for office building rather than commercial retail. Ron Krank, repre- senting the proposed Pilot Knob Shopping Center developer, indicated that the City had not allowed an extension of CSC and stated that if the present applicant is allowed an extension of CSC, that the Pilot Knob Shopping Center developers should also be given the same consideration. There was no appear- ance on behalf of Hillcrest Development owning the CSC property to the West, nor were any comments received in writing from Hillcrest. There was a ques- tion as to the affect on the park along the north side of Duckwood Estates and Mr. Runkle indicated there would be no change in the park proposal. Martin Colon responded to 6 requests of the neighboring single family owners and indicated that virtually all would be agreeable except that he would not agree to change the zoning of area 3 to LB to conform with the developers' stated intentions for development of office tower of corporate headquarters. He also stated that the motel was currently proposed to be included in the plan and requested that it be retained. He also indicated that the present intention is to retain the larger pond but retention of the smaller pond is uncertain at the present time. It was noted that an EAW has been completed but that it has not been circulated to the required agencies for comments. Mr. Colon also stated that in the event the R-4 proposed is not developed as multiple residential within 5 years, that they would then request Limited Business covering these 16 acres. Mr. Sjobeck stated that he gener- ally had no objections to the development beyond the recommendations of the neighboring owners but objected to the commercial in area 3. Mr. Colon re- quested that the Planned Development Agreement cover a 10 year period. It was noted there is heavy foliage to the north of the single family area but Mr. Colon stated that he agreed with the 100 -foot buffer north of the R-1 only. Mr. Hall suggested that the adjacent owners all give input to the Council and suggested that the Planning Commission make recommendations to the Council that it consider all of the surrounding uses. Member Wilkins recommended Area 6 should have R-4 underlying because it was understood so by the Duckwood Trails developer. Krob moved, Turnham seconded the motion to recommend ap- proval of the application, subject to the following conditions: 1. That the Council consider the uses of all surrounding property in Its determination concerning the application. c� 2 0 0 APC Minutes June 22, 1982 2. It is also understood that the sketch plan would not be acceptable with the specific comments about the inclusion of high-rise buildings noting that a conditional use permit is required. 3. A Staging Plan shall be submitted. 4. Prior to final approval of Planned Development zoning by the City Council, a Comprehensive Plan amendment should be obtained from the Metro Council. 5. The Environmental Assessment Worksheet should be approved by the City and applicable agencies prior to the rezoning of this property. 6. An analysis of the traffic generation information should be obtained from the Dakota County Highway Department prior to the rezoning. 7. A Planned Development Agreement shall be executed as provided by City Ordinance No. 52 prior to the final rezoning of this property. The developer has proposed that this Planned Development would exist for a period of 10 years. In addition, the Planned Development Agreement, which has been standardized by the City, would provide for such matters as street dedication, development of sidewalks and trails and similar considerations and would also include the exhibits as submitted which would become a part thereof. 8. Developer shall be required to dedicate an easement to the City, as illustrated on the "Sketch Plan", for a trail connection between the Duckwood single family area and the City's Deboer Park area. This shall be detailed in the Planned Development Agreement. 9. County Road 28 (Yankee Doodle Road) and County Road 43 (Lexington Avenue) shall be scheduled for upgrading to their ultimate design section prior, to approval of Phase 4. 10. Portion of Denmark Avenue shall be installed coincidental with Phase 1 and/or Phase 4 respectively. 11. A 60 to 70 foot half right-of-way shall be dedicated for County Road 28 and County Road 43 as determined by Dakota County Highway Department. 12. A 75 to 80 foot internal right-of-way shall be required for the looped collector street. All other internal streets will require a 60 foot right-of-way dedication. 13. This development will be responsible for the acquisition/dedication of the full right-of-way necessary to install Denmark Avenue when required by this development. 14. A ponding easement incorporating the 885.0 elevation will be re- quired adjacent to O'Leary Lake. Also, a ponding easement incorporating the 905.0 elevation will be required for the internal ponding area (D -y). 69 3 ►J APC Minutes June 22, 1982 15. All other required drainage and utility easements shall be dedicated as determined by the staff. 16. A ponding easement for Pond DP -5 shall be dedicated to the City prior to the development of the second or subsequent phases. 17. An 8 foot bituminous trailway shall be constructed along the north and east boundaries adjacent to Yankee Doodle Road and Lexington Avenue. 18. A 5 foot concrete sidewalk shall be constructed along the west boundary of Denmark Avenue and adjacent to the internal looped collector street. 19. A trailway shall be constructed adjacent to O'Leary Lake in accor- dance with the recommendations of the Park and Recreation Committee. 20. This development shall assume its assessment responsibility as determined by the City assessment procedures associated with the installation of trunk utilities in accordance with the zoning and rates in effect at the time of final platting. 21. This development shall assume its assessment responsibilities asso- ciated with the upgrading of Yankee Doodle Road (County Road 28), Lexington Avenue (County Road 43) and/or Denmark Avenue as necessitated by the phased development of this PUD. 22. Internal driveway entrances onto the internal looped collector street shall be at locations as approved by staff. 23. Adjacent to the R-1 zoning privide: a. 100 foot minimum setback for buildings and parking. b. Herming for visual separation of building and parking. C. Evergreen planting in the above described buffer zone by the end of the second phase of the development plan. 24. Any buildings over 3 stories in height shall be permitted only by application and compliance with Ordinance No. 52. 25. Preserve all existing ponds with the understanding that the small pond to the southwest will be considered in the detailed grading plan for that phase of development. 26. Lighting design shall ensure compatibility with residential neigh- borhood. Mr. Colon objected to the recommendation that the developer acquire all of the right-of-way for Denmark Avenue noting that the property owner on the west should dedicate the west half of the right-of-way. All voted in favor except Wold who voted no. 70 0 0 Agenda Information Memo July 16, 1982 Page Twenty VENDING MACHINES - ST. PALL PIONEER PRESS E. Special Use Permit for St. Paul Pioneer Press and Dispatch Newspaper Vending Machines -- At a regular City Council meeting held on June 15, 1982, representatives of the St. Paul Pioneer Press & Dispatch appeared before the City Council to discuss whether a special use permit applied to the placement of newspaper vending machines on public property throughout the City of Eagan. It was the position of the City Council during 1981 and was again stated by the present City Council that a special use permit is required for the placement of vending machines for the purpose of selling newspapers on public property throughout the City of Eagan. The St. Paul Pioneer Press and Dispatch was requested to submit an application for a special use permit if they intended to keep the newspaper vending machines on public property throughout the City and submit the same for consideration and review by the City Council at the July 6 meeting. The City staff was directed to review all vending machine locations upon receiving the application and recom- mend for consideration only locations that are consistent with the health, safety and welfare and public Droperty image desired by the City of Eagan. At the July 6 special City Council meeting the application had not been received by the City and representa- tives of the newspaper were not present for any consideration on the matter with the City Council. The City Council had received a report from the City staff recommending that eleven (11) locations were in violation of "safety, health and welfare standards" and the City Council took action requesting that all eleven vending machines be removed from those locations. City staff reviewed the locations the following day to learn that all 11 vending machines had either been removed or relocated to a new location which would then require additional review by City staff. Enclosed on page 72, is a copy of a letter from the City Administrator to the St. �aul-Dispatch & Pioneer Press regarding their appearance at the July 20 City Council meeting. Found on pages7 through 7�} is a letter from the legal counsel representing ewspaper a out - their lack of appearance at the July 6 meeting. Also enclosed on pages -75' through 7 is a letter addressing the application received by the City requesting the vending machines and on pages 7 7 through 7 $ is a memorandum from the City Planner that addresses the appT'ication. Also enclosed on pages 7 9 through 5(I is a copy of a memorandum provided by the City-?Tadated u y 1, 1982 that provides a St. Paul vending machine update for the July 6 City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the special use permit for St. Paul Pioneer Press & Dispatch newspaper vending machines as requested. -7/ 11 BEA BLOMOUIST MAYOR THOMASEGAN JAMES A SMITH JERRY THOMAS THEODORE WACHTER COMCIL MEMBERS July 9, 1982 CITY OF EAGAN 3195 PILOT KNOB ROAD P.O. BOX 21199 EAGAN, MINNESOTA $51]2 PHONE 454.9100 TOM FOSTER ST PAUL DISPATCH & PIONEER PRESS 55 E 4 ST ST PAUL MN 55101 Re: Location of Vendin Machines for Purpose of & Pioneer Press NewsDaDers at Various Loca Dear Mr. Foster: THOMAS HEDGES CITY ADMINISTRATOR EUGENE VAN OVERBEKE CITY CLERK St. Paul In official action that was taken by the Eagan City Council at a regular meeting held on Tuesday, July 6, 1982, the City staff was directed to remove eleven (11) vending machines that were deemed by the City staff to be dangerous to health, safety and welfare at their present locations on public boulevards throughout the City. A member of the City staff did inspect all eleven locations that were reviewed by the City Council on Wednesday, July 7, 1982, and apparently all eleven newspaper vending machines had been relocated to new locations. The new locations have not been evaluated by the City staff to determine whether there is any concern or impact re- garding health, safety and welfare for those locations. It was not brought to my attention until after the City Council meeting that you had requested a continuance of the special use permit to consider the location of newspaper vending machines on public boulevards until a later City Council meeting. Apparently, you had notified our City Planner that you were requesting a continuance and had also attempted to contact this office the day of the City Council meeting but were unable to discuss the issue with me. The City Council was concerned that you were not present at the meeting. However, it is now apparent to me that you had notified the City that you were requesting a continuance and that information will be shared with the City Council. In any event, this special use permit application must be filed with the City no later than Thursday, July 15, 1982, with the City Planner so the application can be fully addressed and processed as an application before the City Council at. the July 20, 1982 meeting. The special use permit application does address all vending machines that are located on public property. Your cooperation in submitting the application, application fee and honoring the procedure that was outlined by the City Council in 1981 and again in 1982 is greatly appreciated. If you have any questions regarding the procedure, please feel free to contact Dale Runkle, City Planner, or me at any time. Sincerely, Din- IL Thomas L. liedQqes,City Administrator THE LONE OAK -WEE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. cc:,lchaela Maenner, Attorney; Paul Hauge, City Attorney; Dale Runkle, itv PI"nnnr OPPENHEIMER WOLFF MITT W L.Mi k °1 of SAINT RMI AliM fl 5:111 FOSTER SHEPARD MLEFHONE:10121 22(-7271 AND rELE%.20-(015 DONNELLY Saint Paul July 9, 1982 Mr. Thomas Hedges City Administrator Eagan City Hall 3795 Pilot Knob Road Eagan, Minnesota 55122 '°2<n1❑ -1t ':450UAEE dn. MEE13ti ,.NN, LMIMM.55402 140 BRUSSELS. UC-LUU-JA is LEN ZONE 1612 X02-9451 rE1.ERHOME511-30 00 :'LEZ 23.01313 ❑dLE2 H2230 RE: St. Paul Dispatch/Pioneer Press Newsracks Dear Mr. Hedges: This letter will confirm our conversation of today in which we dis- cussed the unfortunate series of miscommunications between this office, representatives of the St. Paul Dispatch/Pioneer Press, and the Eagan City staff. Last Wednesday, June 30, 1982, I called Mr. Paul Hauge, the Eagan City Attorney, with respect to the upcoming Eagan City Council meet- ing on Tuesday, July 6, 1982. 1 asked Mr. Hauge if he had been.able to respond to my previous request that he supply me with the minutes of the Eagan City Council meeting which took place on June 15, 1982. He indicated that that mailing was going out to me that day. I received that information on Thursday, July 1, 1982. Prior to that time, I advised Mr. Hauge that it would not be possible for me to make a careful and well considered recommendation to the St. Paul Dispatch/Pioneer Press by Tuesday, July 6, 1982. Mr. Hauge indicated that I should convey that information to Mr. Dale Runkle, the Eagan City Planner. I called Mr. Runkle the same day. I advised Mr. Runkle that I would not be able to make a careful and well advised recommendation to the St. Paul Dispatch/Pioneer Press by Tuesday, July 6, 1982. Mr. Runkle advised me that he would call me back the next day, Thursday, July 1, 1982, with respect to this matter. I called Mr. Runkle back on Thursday, and he advised me that it would be sufficient for him to include this information in his report to the City Council. I asked him whether he wished me to confirm our conversation in writing to this effect. fie advised me that would be unnecessary. At no time did Mr. Runkle advise me that it would be necessary for a representa- tive of the St. Paul Dispatch/Pioneer Press to attend the July 6, 1982 City Council meeting and formally request a continuance. There- fore, I did not instruct anyone, from the St. Paul Dispatch/Pioneer Press to attend the meeting, and I did not attend the meeting myself. I3 OPPENHEIMER WOLFF • • FOSTER SHEPARD AND DONNELLY St. Paul Dispatch/Pioneer Press Newsracks July 9, 1982 Page Two Had I been advised that this was the proper procedure to have followed, we certainly would have had a representative from the St. Paul Dis- patch/Pioneer Press attend the City Council meeting. I am also advised by my client that Tom Foster of the St. Paul Dispatch/ Pioneer Press contacted Mr. Dale Runkle prior to the meeting and advised him that representatives of the newspaper would not be attending the City Council meeting on July 6, 1982, because they felt that the imme- diate problems with respect to the locations of eleven newspaper racks had been solved at a meeting they attended with the Eagan City staff. Furthermore, they conveyed to Mr. Runkle that, since our office would be unable to make a recommendation by July 6, 1982, there was really nothing more that they could add to the Council's discussion. Mr. Runkle requested Tom Foster to call you and let you know that representatives of the newspaper would not be attending the Council meeting. Mr. Foster has advised me that he attempted to contact you on several occasions on Tuesday, July 6, 1982, prior to the meeting. You were tied up in meetings and were not able to return his telephone calls. I would like to take this opportunity to extend my apologies for any misunderstandings that have developed as a result of this office's actions with respect to this matter. I believe that the St. Paul Dispatch/Pioneer Press has demonstrated its willingness to work with the Eagan City staff and City Council by meeting with them and attempt- ing to meet the City's most urgent concern with respect to the eleven newsstands discussed at the meeting. We are currently studying the City's zoning ordinance and special permit system in an effort to determine our position with respect to the special permit issues. Please contact me at any time with respect to any concerns that you may have or that the City Council may have with respect to this matter. Very truly yours, OPPENHEIMER, WOLFF,/FOSTER, SHE/JP/Aj�R/}D AND DONNELLY BY - Michaela White Maenner MWM/cs �4 OPPENHEIMERWOLFF . g0urmsr13AFINOLUO. FOSTER SH EPARD TELEPHONE h1tl 21 ?2% TT AND rELEX.29-1015 DONNELLY Saint Paul July 15, 1982 Mr. Thomas Hedges City Administrator Eagan City Hall 3795 Pilot Knob Road Eagan, Minnesota 55122 RE: St. Paul Dispatch/Pioneer Press Dear Mr. Hedges: .WMEA )LIS.MUPL55<02 TcLMIONE 1612 3J2 6x91 rELEX 290138 "!=ARE r1, MFPI ; 1010 8R0$SEM UI I�: J!A 'ELEPW)HEE511-38 00 iE3-EL 62290 The St. Paul Dispatch/Pioneer Press desires to submit an application for its newsracks located in Eagan. After several telephone confer- ences between Mr. Dale Runkle and me, several questions remain unan- swered. First, it is not clear whether permit fees will be imposed on an annual basis. Second, it is not clear to us why a $500.00 permit fee is being imposed for this application when future appli- cations may be accompanied by a $50.00 permit fee. The St. Paul Dispatch/Pioneer Press has made.a significant commit- ment to serving the Eagan community. Recently, more news staff and reporters have been added in order to more fully cover events in Eagan and surrounding communities. Many citizens of Eagan subscribe to the St. Paul Dispatch or St. Paul Pioneer Press on some basis. Many Eagan citizens read our newspapers only occasionally by purchas- ing them from a newsrack. The St. Paul Dispatch/Pioneer Press con- tinues to desire to be a good citizen of Eagan, not only by providing coverage of current events and activities in Eagan but also by pro- viding them with a strong distribution system which serves to keep the Eagan community apprised of nation-wide, state-wide, and metro - wide events. Newsracks serve a necessary public purpose in Eagan and elsewhere. For a variety of reasons, not all of our client's readers care to subscribe on a daily basis to the St. Paul Dispatch or the St. Paul Pioneer Press, but they do wish to obtain the paper on a periodic basis. Because of this, newsracks are placed in locations by St. Paul Dispatch/Pioneer Press distributors that will be convenient for non - subscribers. We recognize that, from time to time, a given location may pose traffic or other safety concerns to the City of Eagan. Thus, when these concerns are brought to our attention, we attempt to work with the staff to solve the problem. OPPENHEIMER WOLFF • • FOSTER SHEPARD AND DONNELLY St. Paul Dispatch/Pioneer Press July 15, 1982 Page Two While some newsracks dispense a number of newspapers per day, many of the St. Paul Dispatch/Pioneer Press newsracks serve to dispense only two to four newspapers per day. However, we view serving two to four citizens of Eagan every day as important and valuable. The indepen- dent distributors who service the newsracks and derive the profits from the sale of those newspapers are small business people. In light of this fact, a $500.00 fee is not reasonable or appropriate. We are attaching an application for consideration. However, the requested one-time blanket permit fee of $500.00 does not seem reason- able or appropriate in the circumstances. We propose a one-time permit of $50.00 for all newsracks now or in the future. We suggest that the Eagan City Council appoint a committee or allow us to work with the staff in resolving the questions posed in this letter. Thank you for your consideration. Very truly yours, �Ae&k&L�� Michaela White Maenner MWM/cs att. cc: Theodore Wachter James A. Smith Jerry Thomas .Bea Blomquist Thomas Egan -76 MEMO T0: TCM HEDGES, CITY ADMINISTAT.7R FROM: DALE C. RUMME, CITY PLANNER DATE: JULY 16, 1982 SUBJECT: ADDITIONAL INFORIATION FOR TBE ST. PAUL DISPATCH/PICN ER PRESS PAPER VENDING MC[ ES The City Staff has received an application from the St. Paul Dispatch/Pioneer Press for the newsracks located in the City of Eagan. At the present time, the St. Paul Dispatch/Pioneer Press has not submitted the $500.00 fee, which the City Council had requested for their original submission. There have been questions raised by the St. Paul Dispatch/Pioneer Press in regard to the application fee which they want to nego- tiate at the July 20, 1982 City Council Meeting. Staff had submitted a memorandum for the July 6, 1982 City Council Meeting in regard to the review of all of the newsracks located throughout the City. In this report there were eleven newsracks that could have potential safety problems in regard to vehicle movement. Since the City Council Meeting, Staff has reviewed the eleven machines in question and it appears that the St. Paul Dispatch/Pioneer Press has either removed the problem vending machines or has relocated them to a safer location. In this review that was completed on July 15, 1982, Staff has one location in,which they request the St. Paul Dispatch/Pioneer Press to relocate a hazardous location vending machine. This location is the north- east corner of Diffley Road and Rahn Road. If this vending machine were moved further to the north it would be far enough away from the intersection as not to cause a safety problem. Staff also realizes this location is a MTC bus stop and many people congregate at this location and could purchase the paper. Staff is not suggesting that this machine be removed, but just relocated to a safer location within this intersection. In review of the overall newspaper vending machines, it appears that the St. Paul Dispatch/Pioneer Press will have a total of eight (8) dealer locations within the City of Eagan, and thirty-eight (38) newsrack locations for a total number of fourty- six (46) locations where the St. Paul Dispatch/Pioneer Press will be able to be pur- chased in the City of Eagan. Hopefullv, this summary will update the City Council on the latest issues in regard to the newspaper racks and dealer locations in the City of Eagan. Sincerelv, -77 ..... ..... - - - - - - - - - - - - - - - - - - - 011 CITY OF EAGAN X mile 38 46 TU: THOMAS L. HEDC.M, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, CITY PLANNER DATE: JULY 1, 1982 RE: ST PAUL DISPATCH VENDING MACHINE UPDATE As directed by the City Council on June 15, 1982, staff has had a chance to review the locations of all the vending machines located in the City of Fagan. This review was done by Martin Des Lauriers, Police Chief, Tom Colbert, Public Works Director and me. In the review of the locations of the newspaper vend- ing machines, staff has identified 11 locations which could be defined as hazardous or interfere with the public safety in regard to vehicular movement. These 11 locations are as follows: 1. The intersection of County Road 30 (Diffley Road) and Rahn Road. 2. Beau d Rue and Rahn Road. 3. Silver Bell Road and Beau d Rue 4. Silver Bell Road adjacent to Easy Street Apartments 5. Yankee Doodle Road and Donald Avenue 6. High Site Drive adjacent to the driveway to Highsite.Apart mats 7. Eagan Industrial Road and [-lest Service Road 8. Lexington Avenue - Lone Oak Road 9. Lone Oak Circle - Lone Oak Road 10. Gemini and Armstrong Blvd. 11. Crestridge and Pilot Knob Road Staff has reviewed the 44 vending machines in the City. Out of the 44 machines, staff has determined 11 vending machines are considered hazardous to the pub- lic safety of vehicular movement. In the staff's review, the only comments made during that review were the 11 machines stated above should be removed. However, if the machines were relocated further frau intersections, some of the machines could be considerably safer at the new location vs. where thev are presently existing. After staff had reviewed the 44 locations, staff had also met with representa- tives of the St. Paul Dispatch and Pioneer Press regarding the findings of this review. In this discussion, both City staff and representatives of the St. Paul Dispatch and Pioneer Press concluded that 4 out of the 11 vending machines are considered hazardous and would be removed completely. The other 7 vending machines could be relocated to safer locations. The 4 vending ma- chines which were agreed upon by City staff and St. Paul Dispatch's represen- tatives are listed as follows: 79 0 0 St. Paul Dispatch Vending Machine update July 1, 1982 Page two 1. Beau d Rue Drive and Rahn Road 2. Yankee Doodle Road and Donald Avenue 3. Lone Oak Circle and Lone Oak Road 4. Crestridge and Pilot Knob Road Attached to this memorandum is a map of the locations which staff has indica- ted above as hazardous locations. The locations with the double circle are the vending machines which the St. Paul Dispatch will remove ampletely and not relocate. The last part of the directive was that the St. Paul Dispatch and Pioneer Press submit an application for a special permit in order to allow the vending machines in the City of Eagan. It is staff's understanding, at this time, that the St. Paul Dispatch and Pioneer Press received the minutes of the June 15, 1982 City Council meeting on June 30, 1982. They are in the process of hav- ing their legal staff review the minutes in regard to the directive requesting the St. Paul Dispatch to submit a special permit application. It is my under- standing that the St. Paul Dispatch may not be able to have their legal counsel review the directive in the minutes and advise the representatives from St. Paul Dispatch to the legal ramifications of submitting a special permit for the vending machines in time for the City Council meeting of July 6th. The representatives from the St. Paul Dispatch and Pioneer Press may request a 2 -week continuance in order for than to receive an opinion from their legal counsel in regard to submitting the application for the special permit. It is my understanding that the representatives from the paper will be contact- ing the City Administrator the day of July 6th to discuss the alternative of a continuance of two weeks, or, if the City Council wants to review the vend- ing machines at that particular meeting. It is staff's understanding of the directive to review the locations of the vending machines and report back to the City Council and suggest that the St. Paul Dispatch submit an application for a special permit. Staff cannot pro- cess this special permit until the St. Paul Dispatch submits this particular application. cc - Tan Foster, St. Paul Dispatch and Pioneer Press Martin Des Lauriers, Chief of Police Thomas A. Colbert, Director of Public Works Mo ."s �n MEN . . . .. . . . . . . =b ovN CR CITY OF EAGAN VCDAIJI: j MAV -6c% b4L RcMocjGcj ow O 1/2 'mile Q \16,qcbv j Rc/nOLic AWOL 00 -LL 2A 1 0 • Agenda Information Memo July 16, 1982 Page Twenty -One DISCISSION ON WATER TREATMENT PLANT F. Water Treatment Plant -- A second public hearing was held July 13, 1982 to consider the construction of a water treatment plant for the purpose of iron and manganese removal treatment. Extensive studies have been made to prepare the preliminary report and cost estimates based on the water treatment plant being considered at this time, many opportunities have been given to the public to respond to the proposed water treatment plant by means of a survey mailed to all residents and two (2) public hearings which were well publicized by City wide newsletter and the legal paper, the Eagan Chronicle. Those in attendance at the second public hearing held July 13, 1982 were almost unanimously in support of the City constructing a water treatment plant to remove iron and manganese as presented. City Council action was then taken to act on the water treatment plant at the July 20, 1982 City Council meeting. For additional information and an outline of events that have trans- pired regarding the water treatment plant facility, refer to the City Adminstrator's memorandum enclosed on pages through 159, . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny proceeding with the construction of a water treatment plant. �� 0 0 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 15, 1982 SUBJECT: WATER TREATMENT PLANT FACILITY The water treatment plant issue has been reviewed and considered by the City Council for the past several months and it seemed appro- priate to provide a brief chronology of events that have taken place to inform our residents about the proposed construction of a water treatment plant. During the summer of 1981, the City continued to receive a con- siderable number of telephone calls complaining about the discolora- tion of water. The complaints were shared with members of the City Council and it was determined that a survey should be con- ducted as to how the public felt regarding the construction of a water treatment plant for the community. Approximately 9,118 questionnaires were sent out to the public, covering every household in the fall of 1981. 1,342 persons decided to respond and provide input to the City, and it was overwhelming that persons responding were in favor of a water treatment plant to remove iron and manganese. The survey results were then included in the next City wide newsletter in December, and as a part of that newsletter, the public was notified of a public hearing on January 28 at St. John Neumann Church to consider a water treatment plant. There was a great deal of publicity in the local newspapers given for this public hearing as well as in the newsletter. As a result, about 30 to 40 persons turned out for the hearing, most of whom were in opposition to the hardness reduction plant. The City Council took action at the March 16, 1982 meeting to accept the recommendation of the public works committee, committee members Wachter and Thomas, to (1) eliminate the hardness reduction from further consideration of the treatment of water quality, (2) restudy and refine the costs associated with a limited iron/manganese re- moval treatment plant only, (3) prepare and distribute a new survey with new cost information to be included with the spring or summer 1982 Eagan newsletter, and (4) conduct a public hearing immediately following the response of the survey format during the summer of 1982. The City Council did proceed with elimination of the hardness reduction from any future consideration of a treatment plant and the consulting engineer provided a new report that was limited to an iron/manganese removal only treatment plant. The City Council at a special meeting in June decided to proceed with the public hearing in early July, and since a survey was distributed less than a year ago to the public and also since the Eagan Chronicle does provide coverage to all Eagan residents, it was decided to print the cost information and other support in the Eagan Chronicle instead of the City wide newsletter. $3 Water Treatment Plant Memo July 15, 1982 Page Two Staff did provide three news releases to the Chronicle and included a special notice in the last utility billing cycle that provided information to the public for the July 13, 1982 public hearing. At the July 13 meeting, it was close to a unanimous opinion of the audience to proceed with a water treatment plant. It was brought to my attention by the Director of Public Works that there is one suburban community that treats all water in its municipal system with a chemical called Aquadine which suspends the iron and manganese in solution which tends to reduce the dis- coloration problem similar to that which has been experienced in the City of Eagan. However, it does not eliminate the problem completely and the Department of Health will not approve or denounce the use of it. Apparently, a sales person who handles this product has contacted the Director of Public Works since the public hearing and feels the City of Eagan should give consideration to his product before proceeding with the water treatment plant facility. City Councilmember Wachter, chairman of the public works committee, has expressed concern over the total cost of the proposed facility in relationship to the cost that was presented in a 1973 report by our consulting engineers and also the satellite facilities that were suggested by another consulting engineering firm that would cost considerably less than the $6,000,000. The City Council and City staff have spent considerable time dealing with the issue of a water treatment plant for the community. the residents have had a significant number of opportunities to express themselves and have done so in a very positive way about the need and endorsement of the City treating the water by removing the manganese and iron from the water distribution system. The City Hall has also received numerous complaints on a daily basis from the public requesting better quality of the water they are paying for in our water distribution system. Since the feasibility of whether to build or not to build a water treatment plant has been discussed in great length, it appears the community is -supportive of the City treating the water to remove the manganese and iron content in the water. If there is some question about the total cost of the project, or the specific method of solving the problems, it would seem appropriate that the Eagan City Council consider action to approve the removing of the manganese and iron problem in the water distribution system which may or may not require the construction of a water treatment plant. This action finalizes the issue as to whether the City will or will not proceed with water treatment and, at the same time, allows any further study and investigation into some of the other types of water treatment systems which might be desirable. A discussion at the meeting on July 20 of different types of water treatment systems could cloud the issue of whether the City plans to treat the water for the iron and manganese. si 0 0 Water Treatment Plant Memo July 15, 1982 Page Three It would seem appropriate at this time that, if favorable action is taken to proceed with treatment of the water supply system, the City Council retain the firm of Bonestroo, Rosene, Anderlik & Associates to finalize a study of any alternatives and then pro- ceed with the alternative favorable to the City Council in the near future. As an option, the City could consider proposals to have this service performed by other consulting firms. The question of whether the City should consider proposals of any additional consulting engineering firms including Bonestroo, Rosene, Anderlik & Associates should be discussed briefly with the Director of Public Works and City Administrator following the City Council meeting on July 20, 1982. Ck VO b604 ity Administrator Ss� 0 Agenda Information Memo July 16, 1982 Page Twenty -Two BANK DEPOSITORY 0 A. Discussion Regarding Bank Depository -- The City has received requests from First Bank Minnehaha which is requesting a part of the bank depository in the form of the checking account or payroll which is now a combined activity with Mid America Bank. Histori- cally and presently, the City prints all payroll checks with Mid America and also has a checking account for all the account and fund operations of the City. The Director of Finance and City Administrator have discussed several options which are available to the City and they are as follows: 1. To maintain status quo and that is to retain all checking account and payroll operations with one bank, that being Mid America. 2. To separate the current checking accounts on a negotiated basis. To competitively bid for banking services, either with the two accounts together or individually. According to the Director of Finance and strictly from a financial perspective, a competitive bidding process would probably result in the lowest over all cost to the City. However, carried to a logical conclusion, it could also result in an out of town bank providing the best and cheapest services. It is very possible that a bank in Apple Valley, Burnsville or some other neighboring community could submit a bid that would be more competitive than either of the local banks. The City, in the past, has never attempted to competitively bid other services provided to the City such as auditing, engineering, legal and planning consultants and likewise. The same is true with the checking account. Apparently, both banks are very much interested in one or two of the accounts that are now provided by Mid America National Bank and would be interested in bidding or negotiating that service with the City. The Director of Finance and City Administrator have been approached about the possibility of an automatic rotation policy on a yearly basis; however, this would require the reprinting of checks and additional administrative time on the part of our staff which is not necessary and could become burdensome to the Finance Department. If the City Council feels that the checking accounts should be negotiated or bid, it is the request of the Director of Finance and City Administrator that a minimum of two years, with as high as three to five years, be appropriate as contract lengths on either a formally negotiated or bid service cost. The time and expense of rotation and/or constant yearly bidding is not in the best 4 0 0 Agenda Information Memo July 16, 1982 Page Twenty -Three interest of the City. Regardless of what is done with the checking account, the Director of Finance and City Administrator wish to maintain the current flexibility with investments. The Director of Finance has maintained a top investment portfolio for the City by having the flexibility to deal with several banks and financial institutions. Consequently, the City is the beneficiary of the best rate available with new investments and reinvestments. Both First Bank Minnehaha and Mid America National Bank were noticed of the discussion on the agenda for Tuesday night. It is the recom- mendation of the City Administrator that the City Council consider one of the following actions: 1. Continue consideration of a division _ of change in the main- tenance of the checking accounts for the City until the organizational meeting in January 1983. 2. Direct the City Administrator and Director of Finance to advertise for bids for: a. Payroll b. Checking Accounts. 3. Direct the City Administrator and Director of Finance to advertise for bids for the entire checking account and pay- roll with one institution. 4. Negotiate the best cost for the City with either a combined account or a separation of payroll and checking account with the two local financial institutions. This item is on the agenda at this time at the request of First Bank Minnehaha which has expressed continuing interest in obtaining a part of the City's payroll or checking business. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny action as outlined by the City Administrator in the four points listed above. S-7 0 0 Agenda Information Memo July 16, 1982 Page Twenty -Four NORTHWESTERN NATIONAL BANK B. Northwestern National Bank, Thomas R. Hallbauer, for a Condi- tional Use Permit to Allow a Drive Up Bank Machine -- A public hearing was held at the last Advisory Planning Commission meeting held on June 22, 1982 to consider a conditional use permit applica- tion submitted by Northwestern National Bank to allow a drive up instant cash machine at a Cedarvale Shopping Center location. The Advisory Planning Commission is recommending approval of the conditional use permit. For additional information on the item, please refer to the planning report, a copy of which is enclosed on pages through��- For a copy of the APC action on this item, reter to page !16'. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the APC to approve the drive up bank facility. 0 0 CITY OF EAGAN SUBJECT: CCNDITIONAL USE PERMIT APPLICANT: NORTHWESTERN NATIONAL BANK - THOMAS HALLBAUER LOCATION: CEDARVALE SHOPPING CENTER EXISTING ZONING: CSC (COMMITY SHOPPING CENTER DISTRICT) DATE OF PUBLIC HEARING: JUNE 22, 1982 DATE OF REPORT: JUNE 15, 1982 REPORTED BY: DAVID M. OSBERG, PIANNING ASSISTANT O!Jaft An application has been submitted for a conditional use permit to allow a drive up bank machine in a Ca m=ity Shopping Center District located in part of the Cedarvale Shopping Center. OC MTNNTS The applicant is proposing to construct a drive up bank machine which would be used to get cash instantly without having to leave the car. A drive up bank machine in a Conamity Shopping Center District is allowed as a conditional use. The machine will be located in the boulevard separating the parking area of the Cedarvale Shopping Center and the service road. The applicant has submitted a site plan of the area and also a more detailed site plan of the drive up bank machine area. Staff has provided an aerial photograph of the Cedarvale Shopping Center area to give a better understanding of the potential impact the drive up bank machine will have on the area. Staff would like to point out that this drive up bank machine will be used only to provide "instant cash" and there will be no employees at the facility. Park- ing will not be necessary at the site with stacking spaces for cars provided in the drive up lane. This is not a conventional full serivoe bank that provides anployment opportunities for people in the City of Eagan. If approved, the conditional use permit shall be subject to the following condi- tion: 1. A detailed landscape plan as submitted by the applicant shall be approved and a landscape bond shall be submitted and not released until one year after the landscaping has been fileted. VIE i Ny 9 f Clearance 7 L� L I .7ZA I "AN .14 iffi It, W, Nav 41F, I .100 . . . . Ay v.:e 4, PA 0 NORTHWESTERN NATIONAL BANK - CONDITIONAL USE PERMIT Chairman Hall then convened the public hearing regarding the application of Northwestern National Bank for conditional use permit to allow a drive -up bank machine in the Cedarvale Shopping Center. Mr. Klutz was present on behalf of the applicant to explain the proposal. He noted that 3,500 units are proposed to be placed in approximately a 5 state area. There was discus- sion concerning vandalism and he indicated that the machines could be van- dalized, but there are alarms attached and they are also well lighted. There were no objections. Krob moved, McCrea seconded the motion to approve t"he application, subject to the following conditions: 1. A detailed landscape plan as submitted by the applicant shall be approved and a landscape bond shall be submitted and not released until one year after the landscaping has been completed. All voted yes. N 9S 0 Agenda Information Memo July 16, 1982 Page Twenty -Five PUD AMENDMENT, PRELIMINARY PLAT FOR NORTHVIEW MEADOWS C. Sienna Corporation, Rodney Hardy, for Rezoning from R-3 Planned Development to Allow 85 Single Family Lots and 84 Duplex Lots and Preliminary Plat for Northview Meadows -- A public hearing was held by the Advisory Planning Commission at their last regular meeting held on June 22, 1982 to consider two applications submitted by the Sienna Corporation: 1. To request an amendment to the R-3 portion of the Lexington South Development to allow 85 single family dwelling units and 84 duplex dwelling units on 52 acres, and To consider a preliminary plat entitled Northview Meadows consisting of 52 acres and containing 85 single family lots and 84 duplex lots. The Advisory Planning Commission is recommending approval of the rezoning and preliminary plat subject to the revised conditions of the staff report. For additional information on this item, please refer to the City Planner's report, a copy of which is en- closed on pagesq -) through /0 For additional information on the action to en y -the APC, re er to a copy of those minutes found on pages -lO,% through 110 . ACTION TO BE CONSIDERED ON THIS ITEM: mendation of the APC to approve the and the preliminary plat for Northview 96 To approve or deny the recom- planned development amendment Meadows. 0 0 CITY OF EAGAN SUBJECT: AMENDMENT To THE LEXINGTON SOUTH PLANNED DEVELOpm AND PRELIMINARY PIAT APPROVAL - NORTMEW MEADOWS APPLICANT: SIMA CORPORATION - RODNEY HARDY LOCATION: PART OF THE NFA OF THE NWa OF SECTION 26 - 52 ACRES EXISTING ZONING: R-3 UNDER A PLANK DEVEIAPMWT DATE OF PUBLIC HEARING: JUNE 22, 1982 DATE OF REPORT: JUNE 15, 1982 REPORTED BY APPLICATION SUBMITTED: DALE C. RUN=, CITY PLANNER The first application submitted.is a request to amend the R-3 portion of the Iex- ington South Planned Development to allow 85 single family dwelling units and 84 duplex dwelling units on 52 acres. The second application submitted is a request for a preliminary plat, Northview Meadows, consisting of 52 acres and containing 85 single family lots and 84 duplex lots. (The preliminary plat as reflected on the agenda has been changed to include 85 single family lots and 84 duplex lots.) ZONING AND LAND USE Presently, the parcel is zoned R-3 under the Lexington South Planned Development. The R-3 would allow a density of 6-12 dwelling units per acre. The applicant is requesting to construct 169 dwelling units for a net density of 5.04 dwelling units per acre. The Eagan Comprehensive Guide Plan designates 12-2 for this particular parcel which would allow single family to townhouse development. \The applicant is within the density range of the Comprehensive Guide Plan. The Guide Plan states that zoning supersedes the Land Use Plan, so if the applicant wanted to develop at the 6-12 units per acre density, he would be allowed to construct at the densitv the property is presently zoned. The applicant is proposing to establish a subdivision which would be entirely con- sisting of small single family lots and well duplex lots. What is meant by small is that all of the single family lots are under the 12,000 square foot area as re- quired by Ordinance 52. The duplex lots are also under the 15,000 square foot re- quirenent of Ordinance 52. The smallest single family lot would contain 7,200 square feet and the smallest duplex lot, or one half of the lot, would be 6,000 square feet or a total of 12,000 square feet per duplex. In relationship to the smaller lots, the width of the lots are also reduced for the single family and duplex units. The single family lots have a minumun width at the 30' setback of 50' with the majority of the lots having a 60' width at the 30' setback line. . The duplex lots have a minimum of 40' and normally have a 50' width at the 30' setback. The Ordinance requirement for a single family lot is 85' at the 30' 17 .] CITY OF EAGAN NORIHVIEW MEADOWS JUNE 22, 1982 PAGE TWO • setback and a duplex to have a 50' width for one half of the duplex, or 100' for the entire duplex unit.' As you can see, the applicant is proposing much smaller lots than what would be allowed under the normal zoning. The developer in proposing Northview Meadows is trying to provide the market with single family and duplex dwelling units. According to the Planned Development,, the developer could construct or develop this property at a higher density in the townhouse or garden apartment setting. However, the developer is trying to still provide single family hones and duplex units at a modest or affordable cost vs. constructing the higher density. The policy question before the City is does the City want to provide small single family and duplex lots or does the City want higher density and allow townhouse and garden apartments as the only means of affordable housing. The City, in the past, has allowed smaller lot sizes in different sub- divisions in the City through a planned development. However, the lots proposed within this development will be the smallest lots for single family and duplex dwelling units. The smallest lots approved' for single family have been 7,500 square feet where the applicant is proposing 7,200 square feet. On the duplex lots, the smallest that have been approved in the City are 12,000 square feet with a minimum width of 80'. The proposed lots would be a minimum of 12,000 square feet but would have a smaller width than what had been approved in the past. As stated earlier, the applicant is proposing to construct 85 single family lots, 84 duplex lots for a total of 169 dwelling units. The net density for this de- velopment proposal is 5.04 dwelling units per acre. Enclosed is a summary data sheet for this particular development. CIRCULATION AND CONTINUITY The applicant is proposing to provide access to Northview Meadows by constructing Wescott Hills Road. This road is proposed to be an interior collector street con- necting County Road 30 and Wilderness Run Road. All access to the proposed lots would be off of internal streets and no direct access would be allowed onto Wes- cott Hills Road. The developer is proposing to provide two accesses to the east in order to provide continuity, or street connections, to the property east of Northview Meadows. To the west, access would be obtained to Wescott Hills Road. In reviewing the street design, it appears the applicant is providing a number of cul-de-sacs and eyebrow streets. In order to get the number of single family and duplex lots proposed, the applicant has to provide additional street access through cul -desacs and eyebrows to provide frontage for the individual lots. There appears to be no topographic reasons why some of the cul-de-sacs could not be looped in this development proposal. The developer has proposed the cul-de- sacs in order to get the number of lots he is looking at to develop and also for the liveability for the cul-de-sac vs. the loop street design. The internal streets which are proposed in the Northview Meadows Subdivision are proposed to be public streets. There are a number of streets within the Sub- ' division, especially the cul-de-sacs, which are only proposing a 50' wide right- of-way vs. the 60' width required for a public street. The applicant is pro- posing to plat only one half of Wescott Hills Road with this plat instead of 0 CITY OF EAGAN NORTHVIEW MEADOWS JLIIQE 22, 1982 PAGE THREE 0 dedicating the full rights-of-way required for the collector street. The applicant is also proposing to plat 9.04 acres which will be dedicated to the City for park land. According to the Planned Development agreement, this area has been set aside for park dedication. The applicant may not deed this area to the City at this time because the applicant is ahead of the park dedication for the Lexington South Planned Development. If approved, the preliminary plat should be subject to the following conditions: 1. No setback variances or lot coverage variances should be granted on any lot except for topographic or vegetation hardships. 2. An amendment to the Lexington South Planned Development shall be prepared prior to final plat approval. 3. The plat should be subject to Dakota County Plat Commission's review and conn meets because the plat abuts a County road. 4. A blanket variance or deviation would be allowed to create the smaller single family and duplex lots in accordance with the planned development. 5. All easements shall be dedicated as requested by City staff. DCR/jach a � a�a�• • a •iia e• • 6. The existing 20" trunk water main on the south side of County Road 30 must be extended to the east line of this proposed development and have a south- erly extension through this development for its ultimate connection to the existing 12" trunk water main located on Wilderness Run Road. 7. Wescott Hills Road must be constructed between Braddock Trail and Trenton Trail. 8. Brandywine Circle South must be shortened to conform to the maximum length of 550' or a variance must be granted to its excessive length. 9. The location and elevations of the stub street to the undeveloped property to the east must be reviewed and approved by staff prior to final plat ap- proval. 10. The three cul-de-sacs in the northeast corner should be eliminated through their extension and connection to each other. 11. All public right-of-way must have a minimum width of 60' with the exception of Wescott Hills Road which must have an 80' right-of-way dedicated adja- cent to this plat. A minimum 55' half right-of-way must be dedicated for County Road 30. E CITY OF EAGAN NORTHVIEW MEADGWS JUNE 22, 1982 PAGE FOUR 0 12. Sufficient easements must be acquired to provide for the trunk water main extension along County Road 30. In addition, sufficient utility easements must be acquired to provide for a connection of this development to Wild- erness Run Road. 13. The trunk stone sewer outlet for Srhwanz lake (,LP -32) must be ordered for installation prior to final plat approval.. 14. Sufficient trunk storm sewer installations north of County Road 30 must be installed.to provide adequate storage capacity to handle this proposed development. In addition, the necessary easements providing for this trunk stone sewer installation and the ponding areas must be acquired prior to final plat approval. 15. An 8' bituminous trailway should be constructed along the south side of County Road 30 from the northeast conies of this proposed plat to North - view Elementary School. 16. The necessary easements incorporating the proposed ponding area in the center of this plat of sufficient size and capacity as dictated by the internal storm sewer design must be dedicated as a part of the final plat. 17. This development shall accept its trunk area stone sewer, lateral bene- fit from trunk water main and all other assessments associated with the installation of streets and utilities necessary to service this develop- ment as a condition of final plat approval. TAC/jack ADO 0 0 TO: THE ADVISORY PLANNING CaN!MISSION, C/O DALE C. RUNYLE, CITY PLANNER FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS Olf / DATE: JUNE 17, 1982 RE: PRELIMINARY PIAT - NORiHVIEW MEADOWS 1ST ADDITION The Public Works Department has the following cananents for consideration of the above -referenced plat: Sanitary sewer of sufficient size, capacity and depth to handle this proposed development was installed under Project 241 in 1980 within Wilderness Run Rd. approximately 450' south of the south boundary of this proposed plat. A san- itary sewer lateral would have to be extended north frau Wilderness Run Rd. within the proposed Wescott Hills Road to provide gravity service to this proposed development. Water main of sufficient pressure and capacity to handle this proposed devel- opment was installed under Project 241 within Wilderness Run Road 450' south of this plat and was also installed along the south side of County Road 30 under Project 304 in 1981 to a point approximately 1,300' west of this pro- posed plat. In order to service this subdivision, the trunk water main on County Road 30 would have to be extended to the east line of this proposed plat. This trunk would then be connected to the trunk water main within Wilderness Run Road by an internal "sub -trunk" lateral within Wescott Hills Road to provide adequate pressure and flow volumes. Internal lateral distribution of sanitary sewer and water main will then have to be installed to provide individual service to the proposed development. The general topography of this parcel provides for surface drainage from north to south over a total vertical drop of approximately 90' from County Road 30 to Schwanz Lake in the southeast corner of this proposed plat. The proposed grading plan divides this plat into three sub -drainage districts. The north- west corner of this plat (Braddock Trail and Braddock Circle) are proposed to drain into an internal ponding area with no positive storm sewer outlet. The second is in the northeast corner of the plat (Trenton Road and Trenton Court) which is proposed to discharge into an open ditch onto the property adjacent to the east boundary of this plat. The third area collects drain- age from the internal portion of this plat, directs it into an internal pond with an outlet proposed to be constructed to Schwanz Lake (LP -32) in the southeast corner of this proposed development. As can be seen by the attached sub -district storm sewer drainage map, the northern half of this proposed development is intended to have its drainage directed northerly across County Road 30 through a series of ponds which would ultimately outlet through a future trunk storn sewer to be installed along Wescott Road. The northern portion of this proposed plat is at the tail end of the future trunk storm sewer extension for the central portion of the City /d/ 9 0 Engineering Report Northview Meadows June 22, 1982 Page two of Eagan in District "J" The approximate southern half of this proposed development directs this drain- age into Schwanz Lake (LP -32) which does not have a positive storm sewer out- let at the present time but is currently receiving overflow drainage from Hay Lake in the Lakeside Estates Addition and from South Oaks Pond adjacent to Cliff Road. This trunk lift station outlet for Schwanz Lake (LP -32) would have to be installed through a series of ponds with its ultimate discharge into Holland Lake. EASEMENTS AND RIGHTS-OF-WAY A 55' half right-of-way would have to be dedicated for County Road 30. A full 80' right-of-way would have to be dedicated for Wescott Hills Drive between Braddock Trail and Trenton Trail to provide for proper traffic circulation. A 40' half right-of-way would have to be dedicated for the remainder of Wes- cott Hills Road adjacent to this proposed plat. In addition, the necessary easements would have to be acquired to provide for the extension of sanitary sewer and water main facilities frcrn Wilderness Run Road and also for the extension of trunk water main along the south side of County Road 30 to this proposed plat. This development is proposing only a 50' right-of-way for five of the six pro- posed cul-de-sacs. These should be increased to the standard 60' requirements for public right-of-way. Ponding easements would have to be dedicated for the proposed internal ponding area within Block 5, the dead end ponding area adjacent to the northwest corner of this plat and a drainage easement would have to be acquired for the proposed open ditch across the property adjacent to the northeast corner of this proposed development. In addition, all necessary internal utility easements necessary for the inter- nal utility distribution would be required at the time of final plat. Access to this proposed development would be from County Road 30 by way of Braddock Trail. The development does provide for two stub streets for future extension into the property adjacent to the east line of this proposed plat. The exact location of these stub streets should be refined prior to final plat approval to coincide with the proposed future development of the adjacent pro- perty. As mentioned previously, Wescott Hills Road should be constructed between Brad- dock Trail and Trenton Trail to provide proper internal traffic circulation. This proposed layout provides for 6 cul-de-sacs and 3 "half" cul-de-sacs (eye- brow) for this development. The staff feels that the three cul-de-sacs loca- ted adjacent to County Road 30 could be eliminated as there are no topographic 103— 0 0 Ragineering Department Northview Meadows Jame 22, 1982 Page two restraints that necessitate the platting of these cul-de-sacs. In addition, the proposed 670' cul-de-sac for Brandywine Circle South exceeds the maximum 550' length allowed by our Subdivision ordinance. ASSESSMENTS As a condition of final plat approval, this development should accept its assessments for trunk area stone sewer at the rates in effect at the time of final plat approval. In addition, this development would be responsible for lateral benefit from trunk water main assessments associated with the requir- ed installation and extension of existing trunk facilities to service this proposed development. Also, all costs associated with providing internal streets and utilities to service this development would be assessed against this property. TRAILS AND SIDEWALKS With Wescott Hills Road anticipated to be a collector road, it would have a sidewalk constructed on one side, and it would be recommended that this side- walk be constructed along the west side at the time of future development or whenever Wescott Hills Road is upgraded to its ultimate design section. It is also recommended that a bituminous trailway be constructed along the south side of County Road 30 from this development westerly towards Northview School. I will be available to discuss any aspect of this report with the Planning Commission at their meeting on Jane 22, 1982. Respectfully submitted, 7hcmas A. Colbert, P.E. Director of Public Works TAC/jack. 103 _ v . (11W ID Af10r 1J�� I 9!T OP -6' '-S 71.7- ix. De 8690 L' '60 L.S-6 OP -4 668.0 L.S. Y�NNf fl B71'QL 90rp -tic +I 1 l J9 rBB20 —717 iNE EP_ S6G0P-.3 OP -11 BSO. B70I ,,ai1�z�-;• GP-6 8620 977,3- RD 7__;18 ep--- E_dv 4811 �_��_�� �_.._ 4i.39 —00e WESCOT� �NILLi/� 85/.0 iDP-9� wESCOTT ^�; 864.0 55 �/ I 6ARDENE B�I,_ LO r3vP-l4� \, 1\�SC.[TP 0 d� JP'3~� SB7'dj' m1 m ` 860.0JP '1..��.._�. ISNINq\ �� \839.0 Ir 8860/ "1 AOL4 \ B9 ,0 I: )__JP -39'. 868.0 913.7 JP -44 .r:J JP -31( y B92 1Gta 1I �• iJ' ��it _ __—__ . �_'A—._J- fI1♦— —7 —38 ;/J�:z. ZP���9@�IO 896 c _. An- —Ji,_Hm:I.;I . i - J. -nxr 'Er{. �/ vIjp.�•q: � r'f BGBBBPBi-.400 .. I I\ I /L 6023' \n• z FIP-35 B1Q0 L.\ l n 1669.4 Cn� JP -34 3 / BOOD r ,y B724 6>•.I-7•lz ix' 8040 B90D J-2 (� 4 e ' � J 7 PArmcK �•� rte' J r �J'• JP -22 \ =1 JP-2I41� �� JJP4 jj} �p `I --619.9: 1• -4GAN v' P I 821.0_ I (•"843.i�� OO xL�P iB6lD JIP7:2 YI �\pr 816.0 \ / 8ZjJ BP- o z 927.3 0 B/9.3 a0 _ Y��6 i3y \` 9x0.0 „ I P-2 Ir � i e04 LP=44 LP -43 ` " ^'I } 9000 Jumroa§ 3Jetl. 4o s•a+9.a 85;.6 " I `: I _ �7b13.0. 8530 1l .. 1 c 83501 2 r - �JP 12,0LDC 680 9 r ` SIDD',` jJ-80. •1 HORN CU �d27r hfn —.+:aw o.Dl'L1Y� 1l\�. ��_ '-u ; rJ LP -32 _LP -40 _ 9i o .� m �•N 898.0LP- _ P -SA ,1,Y•'... n As Lhb*1%N L5 28 884 0 � - 90JO _ `—_ "' 992 0 - 884,4 _ 9170 v �� C8880 . ..... 899080 s I 24 P9�-2`4ry'�y^§r9�09'L.^D •` �LI 9P1rLLP70-55' 4";4�=L•,�-d"-•r9'�fe. (0 .D_7.%, It",' :t r1rE5 B•P9I _BJ CP..-.SVI/- �QL����\�2'�( I�8• __i/(L�4C—\\L�PJ\\-44L69P5 070 9000 3 8955 LP -3 ! _ L9-' P09301 ".'39 6662 9070-- (xN- P�y •II I' LP -'3 : ��eJ• ��__� ?)�Yi.J.:=-'._-r']el1=L_=f_�,� rx. 1 -l1•Q-2\-•8880 1 LP -29 908CJ9200 -1LP-34 •]F.LP47 9/61 80680 6B790 9010790 7 BDO LP-49LP-3( 67Lz_9160 8810 -LP-35 L5: 26 rte' LP�--- .- V" r v 6620 8630 b4' 8610 8510 ✓ - � gnu I 1 a?,^i'Y :. r j 9156 .J' LP -39 \�.i r 9/10 •1 '661 3 LP -45 87J0 O % OrA rl eB23 LP -25 / 9260 •e -/ COUN rY LP90221.3 PAR .t E 9040 LP- ZC, 4 014.2.�92JLP-2\J LP -27 �—J s228 odd z T y I 1. TYPICAL SECTION. ALT. "All SITE DATA min .n 4u u1 m.. 1014 4. p.u. n 1 nu. 14 .u- 14 up. m1 1111 14n11 tl p1µ ¢ p. Y. ¢ 1014 401. W. Yl. �vlm. e1.11ue /B./ Jr.DX A4 gg 11, m, wrr 0411 /la K.o . da HT% .!b 14-1m, PRELIMINARY PLAT F NORTHVIEW MEADOWS EASTERLY PART OF PARCEL 10 OF LEXINGTON SOUTH P U.D. / y AS APPROVED •t•/ CITY OF EAGAN. MINNESOTA FOR '•'` J14ES C¢RNY I i., - .B I WPEN TERRACE ' EDINA. UN 55435 I',; e n1¢ uu. Jl0 ¢. - • � T• . 11r1pw• Dr ¢, JUNE 4. 1982 j ,1 rm ae ¢. 141. 8 /••Jl4 � /.. a 11'j111 ¢I ¢nDl• '•LOT pC/A. �.. // / .• _ p � "' � ��-s . / D act,➢- r dd - .' .rl-'1. 1 / ore -�'-%� .' :..J - ., r\�° J'.• i••T,•\�}oy•J•I 9'-'�,'•qi -13 �1QD o - : 6 DOOCK'-._ \ !\B, •. r el 1 \ `�'r•-�,'.j?ij I �•1�:. Cry\'('%z-4-+. Fc I�, � r .I.� I. g 1 4 '�;1 .�� � � i , : V1.,'.�� I� li La le..� �:•j �� I ^eZl • r� ' 9 �" :) - :. 1 ^.; • y '. 1 VALIGY_ FORGE Lam` F;��•, l o' �' �_.1 h •, I ��", n ✓ � , '' ,�.. v'...1 '-�- � 1, ;� I-:`• � i I 1 � /. - L• r •' 1 TRENTON: RD. , ,': "-._Q":.C7, / i! �'/..�:.\�•'r'`� I I' �' `fie ` '' ------ .- . � - � . 1 1, :`� -�p��. :� �;,% � _ `.\`,11'11 �I111 � \D� `•-__-_ �,� ...-.. e,'a .�w%wui �_ �`Q-�,10` � '/%, .'/,�•1111:I11r'1i;1 1 D �_�� _.. ._.. ,�' .��L_�` '- '1�b'�—F-=aP;'� ,ii•..',Il{�{�I��I��i 5 �°I '--: - - --- L�L7 �=Sii MENUUrA .His. GB. 1� un°wwtlr rrn �lP Ind COMMERCIAL rr_ a `�' I' '=-•"I :'- i' �+;E t.•l•u}. ,J� .''!! ,! PLANNED DEVELOPMENT '-� ' aty '� tib 4 i. I• - ! .�`++I" E �I. .III '• ,-•-Ill --.\ °R -II '. _ --.. lnd RAI Ila awq V _amu r .orl 05 — _Ind, �0 R&D } •R -IV r7 R-111 C 11 Ind Ind R-Ih p "`R -II NB — =LB—I - R-111iR IY -[ R III R -III n �i o +�. R -II i CS P. •- CLF w n'Ind. r >��I�-- i R-11 p ' Rillr` •• F /aa, R -I ��{_+ E. Ind Z.— HALL R -II gP R I R -II a UpJ J R�II N 'y:P4r J I; s _ R -II rR 1 RD 73 "f p .© RI "i•-� R -I I O LB N �:o- �% � • • I� E. R -III RB R n . R-IIY R'lll' RI+ .fide , +'i�\ %:. R-4II CSC/GB/ R-illq. �q - t-"�,: ',,tiRl id. * _ -- - SII ^r• R -II i Y.• n R. R -II R-11 R -II' R 11 ' R -I.,. R-1 csc 7 LB r% PST R -I ;IIINR-IR1 .(i PK y�W ..a:� �:h"PK'>yL Sub�ecf AParce . PF j PF q i a A yl WI QI � OL PD = 1 14-1 ~' 0 Aw o zi i , ( - ----- -- hQ K- ] K/ -PK E R R- I R-1 U OVE HI • ')�y.t• i=•H" �..�. �•,p 7:.3 -slay r. 1 ')i -`. i:� .:. W.. ,)j j... J]�j, i;,V ,✓J il�,i.;'.j'ir ^':.=W' R .:`,J; �'•.J.�.�.� V ':i,J,r�,., ii. S.1'11.-3,, .yr /p.irtl.�J.: .'-]�.] ... './' ).� �.`I�Ya..-'�.-!•n1. N -,L Y J � /P1 � i; �')f S•.y y '`' � J)y� J -�jl .,'.�.'lj :'J itis �'L ;: / '•15 �):. '•mit.-a'�j��• '��i �l f� ��). I)3:••.J J)�•�!Z)•�•�•. ..'j: 0 0 NORTHVIEA MEADOWS - LEXINGTON SOUTH PD The hearing regarding the application of Sienna Corporation for an amend- ment to Lexington South Planned Development and preliminary plat approval of Northview Meadows consisting of 85 single family dwellings and 84 -duplex units on 54 acres was next considered. Rod Hardy appeared on behalf of the appli- cant as did Bill Brzinski of Suburban Engineering. Mr. Hardy discussed the proposal, including the Wescott Hills Drive extension. He stated that the first phase would be completed within the next two years and there would be a looped water main, the cul de sac initially proposed to exceed the 550 foot cul de sac limitation would now comply with the ordinance requirements. Certain neighboring property owners were present with questions particularly concerning the park dedication, noting the park will not be dedicated at the present time. They also recommended the Golden Meadow Road be dead ended and that no utilities be installed east of the development in Golden Meadow Road. The City Staff recommended right-of-way to provide for Golden Meadow Road in Northview Meadows, but that it be stubbed to the property line at the present time during the development of Northview Meadows. There were questions con- cerning the reduction of lot widths in planned developments and it was noted that there have been a number of other planned developments where the City has permitted reduction below the minimum for the specific type of residential use. Mr. Hardy stated that the minimal house size would be 962 square feet in single family and that cluster homes are not being planned at the present time. There were also questions from neighboring owners regarding the water and storm sewer assessments and it was noted that the Council will determine at the public hearing, whether there is benefit to adjoining property owners for the installation of utilities. There also was considerable discussion concerning the single car garage proposed and a suggestion that there be two spaces for two cars on the approach pad to each garage. Mr. Colbert recom- mended the three northerly cul-de-sacs be removed and through streets be installed but the developer stated that this would be greater cost and less land efficiency if the cul de sacs were connected. The estimated sale prices on the single family houses would be about $67,000 to $73,000. Members McCrea and Wilkins recommended Trenton Trail and Trenton Road be connected with each other to make more continuity in the street layout. Member Krob recommended the City review the construction of the homes very carefully and was also concerned about the single garages and recomended two driveway approaches for each residence. After lengthy discussion, Wold moved, Hall seconded the motion to recommend approval of the application, subject to the following conditions: 0 log 0 0 APC Minutes June 22, 1982 1. No setback variances or lot coverage variances should be grantd on any lot except for topographic or vegetation hardships. 2. An amendment to the Lexington South Planned Development shall be prepared prior to final plat approval. 3. The plat shall be subject to Dakota County Plat Commission's review and comments because the plat abuts a County road. 4. A blanket variance or deviation shall be allowed to create the smaller single family and duplex lots in accordance with the planned develop- ment. 5. All easements shall be dedicated as requested by City staff. 6. The existing 20 inch trunk water main on the south side of County Road 30 must be extended to the east line of this proposed development and have a southerly extension through this development for its ultimate connec- tion to the existng 12 inch trunk water main located on Wilderness Run Road. 7. Wescott Hills Road shall be constructed between Braddock Trail and Trenton Trail. 8. Brandywine Circle South shall be shortened to conform to the maximum length of 550 feet. 9. The location and elevations of the stub street to the undeveloped property to the east shall be reviewed and approved by staff prior to final plat approval. 10. The northerly two cul-de-sacs in the northeast corner shall be eliminated through their extension and connection with each.other and the Third cul-de-sac may be eliminated if it fits with a reasonable plan. 11. All public rights-of-way must have a minimum width of 60 feet with the exception of Wescott Hills Road which must have an 80 foot right-of-way dedicated adjacent to this plat. A minimum 60 foot half right-of-way must be dedicated for County Road 30. 12. Sufficient easements must be acquired to provide for the trunk water main extension along County Road 30. In addition, sufficient utility ease- ments must be acquired to provide for a connection of this development to Wilderness Run Road. 13. The trunk storm sewer outlet for Schwanz Lake (LP -32) must be ordered for installation prior to final plat approval, subject also to staff approval and recommendations. U1 0 0 APC Minutes June 22, 1982 0 14. Sufficient trunk storm sewer installations north of County Road 30 must be installed to provide adequate storage capacity to handle this proposed development. In addition, the necessary easements providing for this trunk storm sewer installation and the ponding areas must be acquired prior to final plat approval, subject to staff recommendations and approval. 15. An 8 foot bituminous trailway shall be constructed along the south side of County Road 30 from the northeast corner of this proposed plat to Northview Elementary School. 16. The necessary easements incorporating the proposed ponding area in the center of this plat of sufficient size and capacity as dictated by the internal storm sewer design must be dedicated as a part of the final plat. 17. This development shall accept its trunk area storm sewer, lateral benefit from trunk water main and all other assessments associated with the installation of streets and utilities necessary to service this development as a condition of final plat approval. 18. Wescott Hills Road street name shall be clarified so as to avoid confusion with Wescott Hills Drive North. Wilkins then moved and McCrea seconded the motion to amend the motion to require a connection of Trenton Trail and Trenton Road and the elimination of McLaren Place. Those in favor of the amendment were Wilkins and McCrea; those against were Hall, Turnham, Krob and Wold. Those in favor of the main motion were Turnham, Krob and Wold and those against were Wilkins and McCrea. 110 0 0 Agenda Information Memo July 16, 1982 Page Twenty -Six SETBACK VARIANCE - ORRIN THOMPSON HOMES D. Orrin Thompson Homes for One Foot Variance from the Ten Foot Side Lot Setback Requirement for Lot 16, Block 2, Johnny Cake Ridge Addition -- A public hearing was held at the June 22, 1982 APC meeting to consider an application submitted by Orrin Thompson Homes for a variance of one foot in the ten foot sidelot setback requirement for Lot 16, Block 2, Johnny Cake Ridge Addition. Action was taken by the APC to approve the variance request and to recom- mend the same to the City Council. For additional information on this item, refer to the planning report, a copy of which is enclosed on pages�a. through 11y- for your reference. For action that was taken' by rear to a copy of those minutes found on page jj& . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the APC to approve the variance request of Orrin Thomp- son Homes. SUBJECT: APPLICANT: LOCATION: EXISTING ZONING: DATE OF PUBLIC HEARING: DATE OF REPORT: REPORTED BY: APPLICATION SUBM17TED 0 CITY OF EAGAN vAR7ANCE - SIDE YARD SET$AC< ORRIN THOMPSCN HOtISS LOT 16, BLOC( 2, IaWy CAKE RIDGE ADDITICN R-1 (RESIDENTIAL SINGLE DISTRICT) JUNE 22, 1982 JUNE 15, 1.982 DAVID M OSBERG, PING ASSISTANT An back icpre4wremen lication has been i sted for a variance of 1' f Lot 16, Block 2, Johnny Calve Ridge Addis 10' side lot set_ In the staking of the house an error re._ Of thside e house has setback at ' side of thet applicant resulting in a 9' the leftby an 11 cause a A diva,„ o e house Yaris C os�a� n 10 is 1' over the r�iremen- house. Me front left Portion tided. the lot to the lot �- bY the �Alicant for review.. and the location of the fie• a variance is applicant Outliningso have been utumtted be subject to the ollowi:nr Os�t c�ianceOns:.Is a If aPProvedletter staff recL �sfrom the the variance should 1• No other variances shall granted for the lot or the house. 2. All other applicable ordinanres must be followed. �/]ach r PROPERTYSURVEYS SUBDIVISION DESIGN TOPOGRAPHIC MAPS 0 4P C.R. WINDEN & ASSOCIATES, INC. 1381 EUSTIS STREET, ST. PAUL, MINNESOTA 55108 645-3646 June 10, 1982 Mr. Dale Runkle City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Dear Dale: Enclosed is a Certificate of Survey for Lot 16, Block 2, Johnny Cake -Ridge Addition. We are requesting a variance of 1 foot of the required 10 foot sideyard minimum. Although the lot is large enough -to position the house, we made an error in staking that resulted in the 9 foot sideyard distance instead of 11 feet at the left rear portion of the family room. The 35 foot distance to the adjacent dwelling to the West and 38 feet to the Easterly dwelling should be more than adequate. A list of home owners lying withing 200 feet of this lot is also enclosed. Please inform us of the date this matter will be discussed by the Planning Commission. MTK/kk Enclosures Very truly yours, C. R. WINDEN & ASSOCIATES, INC. Mathew T. Kytonen 113 ' • • •� �� For: U. S. HOME CORPORATION 3 C. R. WINDEN & ASSOCIATES, INC. LAND SURVEYORS TOL 645.3646 1381 EUSTIS ST., ST. PAUL, MINN. 55106 Drain p92 �, �/fri/�y 1,-7_f-0172-0171 Scale: 1" = 30' e Denotes Iron Exi5fn*79 # 1637 I I ni O '^ 10 o O O� 105.94 Lot 16, Block 2, Johnny Ridge Addition, Dakota Z19NE County, Minnesota. WE HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE LAND ABOVE DESCRIBED AND OF THE LOCATION OF ALL BUILDINGS, IF ANY, THEREON, AND ALL VISIBLE ENCROACHMENTS. IF ANY, FROM OR ON SAID LAND. Dared this 27Fb day of fg0/"/1 A. D. 1982 C. R. DEN 6 ASSOCIATES, INC. House Loca,'ed June 7, /9B2-C,P•y ` by 11Q Surveyor, Minnesota Registration No. 7726 ,rmlg 6324 _ I O _ O i �10 5� ' I I I I I I 26 I 1 I m # /643 I 1st I N 317 I 22.3 ° i•p,erhono Scale: 1" = 30' e Denotes Iron Exi5fn*79 # 1637 I I ni O '^ 10 o O O� 105.94 Lot 16, Block 2, Johnny Ridge Addition, Dakota Z19NE County, Minnesota. WE HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE LAND ABOVE DESCRIBED AND OF THE LOCATION OF ALL BUILDINGS, IF ANY, THEREON, AND ALL VISIBLE ENCROACHMENTS. IF ANY, FROM OR ON SAID LAND. Dared this 27Fb day of fg0/"/1 A. D. 1982 C. R. DEN 6 ASSOCIATES, INC. House Loca,'ed June 7, /9B2-C,P•y ` by 11Q Surveyor, Minnesota Registration No. 7726 ,rmlg / 7 7- ; 3 �? / I A' G c — SAFARI N LE AT _ Is I E j R- I R-1 I' A A A A A R -I T1 7F]� - Jo R-1— RI LI I ADQ�TIQN R-3 R P4rcel R-1 = y .t• I 5. j PK1). , �• )�)} Y, .:J �•}.rt.J, j!�3Tv i ,,�.) ;.. \:v��T �r`� J'-�.jJ 4a niYJ1 -Jf) ]): .IJV ��•; ,. .% J J S•`]+.� Yr.>y{Zl �� � /� J'''I•i� :! J. j .a. � .i ���V\ ): dJ J'� / j2��> �J �v%j ySY J i�.J.�. J •l a•'�� J1i'i .)`�+ Ji l,•!J `! - J .�.)r�\ fi.(:)Jj) JJ =.w.1 }> }�J) Sv:.?�)") • J). `3, ) f+' ,�+`S.l)y� ;) )�,) it 3 w.�i y�i'..i�), ' �.0")• `3�r• �'.::}i ��')�(�i �4+'\ij j' J .i'a� %�yl. �.)• i !J.�) J. dJ ,�Ji AJ ... Lam' R) J >." • J ),11 J.. J:.) i y�aJ N„ y J ,J�. "�+ �,� jJJj.�• aij a J -w :J• i iJ J.: �) � yr)J a.yy,. A: \J"�!�Al. r 7 . �t \ :!i \ O Jai - `.3 � a J:'j•J,p.JJ. Lr -moi ]� )� JJfjJ w i� \'S.3'.i ?'-ZA7 � U JJ ,r'• } N.s, j_ "7 } , J r,.5• \ r�j J{�J'"� !'` , J J J.i j) , S•'1J � • y"�'r'.T 1J.! rJ.{ �•�i, .i)�y\,}+Ja'��l) �) i. J�:�ti�•.) .). '�.; J}) y.,iJ ��:�: ? �t,V .} r;J..�J �', J. 3 r JJ JZ) : rJ. JtJ�'J) \1 � •r ^)./: qJ: \� \+. �, ,., J.; \ ♦Mwi \ .J.li J % ): JJ )(! � •3 rJJ )•.y .) i.+. f . i -• >•Jl• ..tJ� r}a i:�J .i v1 J •�3i D f• NJ%I:.7. ., ' •t)J'*)� J.w':�l't .� �') '�`� .1+.i3 . ,o �+ .i. ��A{.`.f }. • / I P _ lis -' rI 0 ORRIN THOMPSON HOMES — VARIANCE The hearing regarding the application of Orrin Thompson Homes for a variance of one foot from the 10 foot side lot setback for Lot 16, Block 2, Johnny Cake Ridge Addition was next considered. Mr. Kim, a representative of Charles Windan Surveyors was present and indicated a mistake had been made at the time of the survey for the building. There was no objections. Hall moved, Wilkins seconded the motion to recommend approval of the application, subject to the following: 1. No other variances shall be granted for the lot or the house. 2. That all other applicable ordinances must be followed. All voted in favor. ll6 0 0 Agenda Information Memo July 16, 1982 Page Twenty -Seven AMENDMENT TO ORDINANCE #52 - MOBILE MANUFACTURED HOUSING E. Amendment to Ordinance #52 (Zoning Ordinance) Regarding Mobile Manufactured Housing -- The City Council may recall that the League of Minnesota Cities sent out an action alert regarding legislation that was passed to allow manufactured homes within all residential districts. However, the law did allow cities to amend zoning ordi- nances to address certain conditions for allowing mobile/manufac- tured homes within certain residential zoning districts if ordi- nances were amended prior to August 1, 1982. Otherwise, the City must administer and interpret the statute directly without any consideration of an ordinance amendment. A public hearing was held at the June 22, 1982 APC meeting to consider an amendment to the zoning ordinance which allows special conditions for manu- factured homes and it was the action of the APC to recommend ap- proval of the ordinance as presented by the City Attorney's office to the City Council. For a copy of the amendment, attachment and a letter from the City Attorney's office explaining the mobile manufactured housing statute and action the City of Eagan is allowed to consider, realising the guidelines of the statute, please refer to pages lilt through /2.1 For action that was taken by the APC, refer to page /2 X . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the APC to approve an amendment to Ordinance #52 regar- ding mobile manufactured housing. 10 CITY OF EAGAN Amendment To ORDINANCE NO. 52 - ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA DOES HEREBY AMEND ITS ORDINANCE NO. 52, RECORDED WITH THE COUNTY RECORDER AS DOCUMENT NO. 451928, AS FOLLOWS: SECTION 52.07 - Subd. 4.A - PERMITTED USES 8. Manufactured homes (other than mobile homes) as defined by Minnesota Statutes Section 327.31 to 327.35 (R-5 only). SECTION 52.07 - Subd. 5.A (chart) See Exhibit "A". SECTION 52.07 - Subd. 5.H - UNIFORM BUILDING CODE All homes built in a residential district, other than R-5 must meet Uniform Building Code Requirements. Manufactured homes as defined by Minne- sota Statutes Sections 327.31 to 327.35 will be allowed in R-5 zones when constructed in compliance with the said Statute. ATTEST: E. J. VanOverbeke, City Clerk Original Ordinance dated: This Amendment Adopted: CITY COUNCIL - CITY OF EAGAN BY: Beatta Blomquist, Mayor Amendment Published in the Dakota County Tribune: 1 IN r MINIPRMi AREA, SETBACK AND HEIGHT REGULATIONS (Also See Section 52.06, Subdivision GC) ry FRONT YARD OR SETBACK ALONG SIDE -YARD SETBACK REAR YARD MAXIMUM GARAGE OR SYMBOL USE DISTRICT LOT AREA LOT WIDTH PUBLIC STREET DWELLING ACCESSORY SETBACK HF.IC,HT UNIT STRUCTURE LIMITATIONS R-5Mobile Homes see Ordinance 2. Manufactured Home Shall be constructed acc rding to the stan ards in R-1, R-2, R-3 or -4 district, • depending upon the desig of the proposed levelopment. • PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Thomas Hedges City Administrator Eagan City Hall 3795 Pilot Knob Road Eagan, Mn. 55122 Dale Runkle City Planner Eagan City Hall 3795 Pilot Knob Road Eagan, Mn. 55122 HAUCG. SMTH. SIDE & HELLIM, P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 39Oe SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 June 11, 1982 AREA CODE ell TELEPHONE 454.4224 RE: Mobile Manufacturing Housing Dear Tom and Dale: Effective August 1, 1982, Minnesota Statute 462.357, Subd. 1, is amended regarding the zoning for mobile/manufactured homes. It is not clear what type of zoning ordinance will now be in compliance with this statute. The prblem arises in the following wording: "No regulation may prohibit . . . manufactured homes built in conformance with Sections 327.31 to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section." The problem is that the word "regulation" could apply to any portion of any provision of any district standard. This position is supported by the change in the law regarding counties which is worded "no provision" rather than "no regulation". This would imply that any district zoning regulation cannot prohibit a manufactured home which complies with the applicable statute. The loophole is that the home must also comply with other zoning ordinances promulgated pursuant to this section. This loophole appears to leave open the possibility of restricting the construction of manufactured homes to other design standards allowed under the statute. The design standards that the statute allows regulation of are location, height, width, bulk, type of foun- dation, number of stories, size of building, lot coverage, lot size, open space, and density. Thus, a possible method of preventing the allowance of mobile homes in most residential districts would be to require a minimum width for all houses. As indicated in previous discussions, however, this may be a problem in that the newer double wide manufactured homes may be wider than homes that people may want to build through on-site construction. It appears that it may also be 1a,0 Thomas Hedges Dale Runkle June 11, 1982 Page 2 • L Possible to construct a manufactured home on the same type of foundation as an on-site home. After analyzing the statute, it is our impression and that of the Minnesota League of Cities that the intent of the statute is to allow mobile and manu- factured homes within all residential districts. However, by putting in design specifications relating to roof design, square footage, width, founda- tion and siding, certain types of undesireable mobile manufactured housing could be eliminated from most residential districts. Our office, at least, has found proposing such design standards quite difficult and apparently, so have other cities which have taken a different approach. One city has merely set up a special housing district which allows a mixed use including manu- factured housing. Another city has set up a special district only for manu- factured housing applying design standards to the manufactured housing. An- other city has allowed a manufactured housing (not mobile) in all residential districts but applied design standards only to the manufactured homes. It is our opinion that each of these three methods is contrary to the intent of the new statute. The statute appears to contend to prevent discrimination against manufactured housing while most of the methods described apply special standards only to that type of housing, resulting even in possibly more dis- crimination. Not being comfortable with drafting design standards which would effectively eliminate poor quality types of mobile manufactured housing without preventing the new types of high-density construction the City has been experiencing, we have attempted to draft the ordinance to use the Uniform Building Code as a restriction to prevent certain types of mobile or manufactured housing con- struction in certain residential districts. Again, it is not clear whether this type of restriction is proper in light of the intent of the statute in that mobile and manufactured homes are not required to meet Uniform Building Code under Minnesota Statute. If the intent of the statute is not quite so liberal, this proposed change in Ordinance 52 may meet the criteria in that it does provide for districts for both mobile and manufactured homes within the City. DGK:ras very truly'yours, HAUGE, SMITH, EIDE & KELLER, P.A. David G. Keller 0.� t J • •SUBJECT TO APPROVAL MINUTES OF A SPECIAL MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JUNE 29, 1982 A special meeting of the Eagan Advisory Planning Commission was held on Tuesday, June 29, 1982 at the Eagan City Hall commencing at 7:00 p.m. Those present at the meeting were Chairman Hall, members Krob, Bohne, McCrea and Wold. Absent were members Turnham, Wilkins and alternate Mulrooney. Also present were City Planner Runkle, Intern Elizabeth Witt and City Attorney Paul Hauge. Chairman Hall announced that the purpose of the special meeting was to consider several ordinances that had been scheduled for discussion at the last regular Advisory Planning Commission meeting on June 22, 1982, but due to the late hour, the Commission continued the consideration until June 29. Chairman Hall reviewed a letter from Michele Foster of. Rauenhorst Corporation dated June 28, 1982 requesting more time to make further comments regarding the proposed ordinance revisions. Several developers and others were present at the meeting and had comments concerning, particularly the subdivision ordi- nance. In addition, other interested persons, including developers have contacted the staff and asked that additional time be given for further review and comments on the ordinance changes. ORDINANCE NO. 52 - MOBILE MANUFACTURED ROUSING A draft letter dated June 11, 1982 from the City Attorney's office and a proposed amendment to Zoning Ordinance No. 52 regarding Minnesota Statutes 462.357 Subd. 1, adopted by the 1982 Legislature was reviewed. It requires that citys shall come into compliance with the statute whereby no regulation shall prohibit manufactured homes that comply with other zoning ordinances by August 1, 1982. There was a question as to whether the Uniform Building Code would provide for mobile homes only. After discussion, Hall moved, Wold seconded the motion to recommend approval of the revision to Ordinance No. 52, subject to a determination as to whether the Uniform Building Code has special revisions relating to mobile homes only. In that event, then a revision to the Ordinance should be required. All voted in favor. ORDINANCE City Planner, Dale Runkle, indicated that a committee consisting of Planning Commission, Council, and staff members has been meeting periodically for about 2 years to consider a complete revision to the Subdivision Ordinance No. 10. A draft has been prepared and has been distributed to the Planning Commission and to some interested persons. Planning Commission members rebom- mended that a resume' of comparative provisions between Ordinance No. 10 and the proposed new Subdivision Ordinance be submitted to the Planning Commission and that it be considered during several meetings in order to allow interested persons to make written and verbal comments. Steve Ryan of Zachman Homes was present and had numerous comments concerning the Ordinance, including the following: Agenda Information Memo July 16, 1982 Page Twenty -Eight HELICOPTER PAD - LAKE PARK ADDITION F. Discussion Regarding Helicopter Pad in a Residential Subdivision -- The City has received a complaint from the owner and developer of Lake Park Addition, J. E. Parranto & Co., regarding a helicopter pad that is presently located partially on one of the lots described in Lake Park Addition. The helicopter is operated by John F. Cedar - berg, who owns a parcel of land that is defined as an exception to the Lake Park plat and located directly north of Lots 8 and 9, Block 2, Lake Park Addition. The lot is owned by John F. Cedar - berg. J. E. Parranto and Company is complaining that a helicopter flying in and out of a residentially platted area is: Of concern to the residents in the area as to their health, safety and welfare, and 2. Is a detriment to the residential integrity of this subdivi- sion which apparently has jeopardized the sale of lots by J. E. Parranto and Company with the helicopter in operation at that location. A picture was taken by a representative of J. E. Parranto and is to be included with the administrative packet on Monday. John F. Cedarberg has been noticed of the meeting. The City Attorney's office has researched this issue and it becomes a judgment of the City Council as to whether there is an endangerment to health, safety and welfare of a platted area of residential purpose with ongoing flights of a helicopter. The City staff is requesting direction from the City Council as to how to handle the complaint raised by the owner of Lake Park Addition. ACTION TO BE CONSIDERED ON THIS ITEM: To direct John F. Cedarberg to make application for a special permit, deny the helicopter loca- tion in a residentially zoned area or provide some other direction to the City staff regarding this issue. Enclosed on page 2�} is a copy of that portion of the Lake Park Addition plat w is illustrates the exception and location of the John F. Cedar - berg home. 7- 3 m 1 o :' ;�, : 750.00 N0035'13°E '. 4,1 155 70 142.00 f 0e2 ''o. 277.30 1 s3 3/ OI w cw o EAST LINE WI/2 OF SWI/4 OF SEI/4 SEC.'28 4p N, -�+-,rq gGf 0 yw /d WEST LINE 500.00 NO°26'33"E -�� = I I Nzo°42�z % RASMUSSENADD. a1i a _.mati ow I I I - O x+06 f go- ndw / I o ^ o F 11 i ,.fav :lam, w° a, ti CD � r.0 0y WEST LINE RASMUSSEN AD0. / A �° n ° LO ./ 1 0 t. r_ ND N2. I� mp r CA ZD 1 1 500.00 m w�\3N11°0113 111N ( i I, w'w 9 m� VW L4 280.00 NO°26'$3°E �' 11 :.'� ?0.00 NO°26'33"E , 9.4 /\- l? 60.574-99.03- oz 10154 pp n: o\ 1 5\a5°'Z31 II r"0/'-^:- _: 1' 1I I -1 85',. 00 v\•O�oa '�bOqd,9 oOp90.02- x7b6��H \F\,•, �Q�R:,. 3�p . t•''- 5642 o o Ka58°4 6'24�"I1 e N a5 3>1 V, w zso.00 No. Iz'oe3mZ\WOt ofO (,ll 0 0. 1807 OpN1190 O I a \ do y 2.31 - T sm d0 ^�"_ �\ /°o�y i82o3'0�,63.00 Z r- -vu ,I tii E_-- X -N .104 Z'O�.•e�' N �/ (p\ \ V/ dO2 1. ,a uLY i'V pC) �> �A ro8.,�.� v�pa,-79p�, o \ '.1 �.. •_..,.z ",_ t a N ,v /�a, c7 \ r0 \ S O Y/ • D 4 To 9 ,Qo 904 �� T B , 2 DOOD 3 �' .11E n I' J s`S90 \�6iypra� u� K'" 0°� a\/� \; '/O� f O,Li i. m i I : I 0r4 X J 6j6/e\ 26 33 m pl F d d L / a\y' O n ., I: I :.. r 220.00 i',. �� �i l o D° 'ip \ \' \ ra'J 1- -120.00 N° j --145.00- -'iv I rl W cv ati4`Q-NO°12'06"1N, rn� 40 Irt a N v I y A� lid .o'. \ 2 O- s _ns.51__= N ti s G s -0 a 3 ro A p FN0°16'54"E-1 T °�°� 3?u a4w2tia. ��:� OO II^ I.,`,.•'e 02F5 ! o<m�.+a �2oI. ; t> ` -10] jI �o'� dC/,Q�0Coi 0 l eaa, ,te4, _ ' M -o-_1 Iv�i�3��4\o�I N `S4=67°sr ° C) 7 30 363.43 63.43 �- 1 m NO -17'54"E 1.2p-9T-198.20OO ap8.\ . 0Q q1mw 236.0� 8 1a, 0 Wo 05 .9 ) aqi ,- i ^ 0 °'gobo �ma8�zc � =-1293 i 0 i\D r <rN9°28' o ° o72__NO°t54"E ac.p. S 6 N 0845.00- Oao19599 6�1m= o tY13t` �,� 0 '�_ (MIAr .�,,. ,w /y�,9 m rA 06i r(tP N... $ f•._ ..� In�. '4675 NO 17_34'E • \4 / �• o m m .. V,�qq�� pp1� r o . O �. W / iQ d V O `i '4'•iy NQ fp r l uN- O 1' 246:83 O N 1 8 r I 1 A$- m O -195. 76_i_J241100- 322.13 -322.13-_- -7a 78: 21, 2, 1315.74MFns 0 Agenda Information Memo July 16, 1982 Page Twenty -Nine CINNAMON RIDGE 3RD ADDITION FINAL PLAT G. Final Plat, Cinnamon Ridge 3rd Addition -- The City has received an application for final plat approval for the Cinnamon Ridge 3rd Addition. This final plat is in conformance with the previously approved preliminary plat. All conditions that were placed on the preliminary plat approval have been satisfactorily complied with. This final plat is now in order for consideration by the City Council. A copy of the final plat is enclosed on page 13.6 for your information. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the final plat for Cinnamon Ridge 3rd Addition and authorized the Mayor and City Clerk to execute the required documents. 1a5 TO HAVE A BEARING OF SOUTH 89 DEGREES 54 MINS s 114 SECONDS EAST. • --___ E ��-- snrxrev OUT LOT t — ! °! 18 19 24 23 - 2520 17 26 ,j p5 `! 12 �T 22 27 r° 1 I Z16 o 21 Z) a` x 28 `E� 1510 `• o lke� 3r i 06, _ 2^`.• �p0 13 \, �e :. 1•\`0•x .2° u aa.. /fo ovu-� e r yusaa2 Zoe 5 .��\- -�/ Y• e9 •',..�`� 4�T:- /!°IQ, ., S.'�`3.�. l.a, _ qea Jotm Q , f - • I C' 4'0".\tee 3 �� ^ 8 '''a':,'r•..1 °." Cw Y : I �°iau•I°m.w'� W !. •.\ •t •d'q,- tM oz \ �0° 1 _J. Phi _ O —•q � Y Z��. t+• t �lY i$ Maf �.. '.W 1^tiI.1 IY \ �y' 2 l i ia,e 64y.., ::,� � S � % �' / $e ° 1<�^ee i1, �''p�y+ F ie pl �',+� 1 e ! $• i Y>< .wn� • / y,y .... % d' 4 ss as 3 lyf ° Y{ i3,. aeree'sr< -8 1^...OUTLOTaa`ai °\ len.,/ylrfd°'/ 6 y,1 �, j',�;'i f:-�tl=:�t-°-'� �__�--I Z J 12"�$ Y� id°�/ OUTLOT ;`w �!�/�i�ltio �;i�$ ^I,� `I 1x ° Z O �e I,r_l;naw 't i °^: .. \- wia°• Cyd o�'�},�, ". "°3 2 U �'4• L'Uu j'L Ln f ,a.tf az yAi ee ire. nrevr' F •GP � I i� Il.� __ oleo :,w•o u°.l r y. �p i:.°°.. O e d .''r � ,"."`Y•0ti�'�600oe��b�. .moo �,' 0 !'J'9 �% 5°(: ;. •:iV.%iron.,:: 9 p0 .d, .t' 'sf.e IS aR SI °� aeAiN.osfauvurnJr✓E.erE.aENrrslvs✓,v s.✓vs: c W, WON 3RD _ _ I, {, i• %� azlva 5zomer rN worn• aro Aara ~ car zrNES .. wro ezws revor(Fr.r w.orh aNa <Nv.N.NG Ad JLAcf JrREer &me$ AS r. 011 eO ON rlE AGNr nn 1'(s.pG63QO W61WITY° AMP ae�,j C.INNhM0/J / gDmor jiC. 3a, T O 29- RN6 Lj � 0 Agenda Information Memo July 16, 1982 Page Thirty BECC UPDATE 0 A. Joint Burnsville/Eagan Cable Television Commission Update - The last regular meeting of the BECC was held in the City of Eagan on July 8, 1982. The commission is currently reviewing the policy decisions and statements necessary on cable television which will be used in the development of the RFP. At the last meeting, consi- derable discussion was given to the line extension policy, channel capacity and data transmission. There are many alternatives to each policy and some of the critical policies have required a great deal of discussion on the part of the commission before considera- tion is taken. Hopefully, these policy statements can be finalized soon and the service areas determined for each community so authori- zation can be taken to approve an RFP and begin the bid selection process. City Councilmember Smith and City Administrator Hedges were present at the meeting, as were all the representatives inclu- ding the alternate. City Councilmember Smith or City Administrator Hedges will further comment on the process at the City Council meeting. CITY HALL EXPANSION UPDATE B. City Hall Expansion Update -- An update on the progress of the Citizens' Advisory Committee and architect was given by the architect at the special City Council meeting following the water treatment hearing on July 13. It is anticipated that Jack Boarman or the City Administrator may have a brief update for the City Council at this meeting. There is no action required on this item. Ia-7 0 • Agenda Information Memo July 16, 1982 Page Thirty -One CONTRACT 82-6 C. Receive Bids/Award Contract, Contract 82-6 (Well #7) -- At 10:30 a.m. on Wednesday, July 14, the staff opened bids for the above referenced project. A copy of the bid tabulation is enclosed on page lam for the Council's information. The total base bid reflects the development of a well using the impact cable tool method. As discussed previously with the Council, the staff also requested an alternate bid for development of a well using a rotary drill which would not create objectionable ground vibrations for the new Univac semi conductor facility. As can be seen on the bid tabulation sheet, the City was not able to receive any bids for the rotary drilling method. Subsequently, City staff will have to closely monitor the ground vibrations associated with the cable tool method and then determine whether future wells should be drilled now or if the City should try to receive bids for a rotary drilling method. In any event, with the low bid being con- siderably under the estimated cost, it is recommended that the City proceed with this as previously discussed. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 82-6 and award the contract to Keys Well Drilling Company in the amount of $96,542. 127 i 0 Our File No. 49246 DEEP WELL NO. 7 PROJECT 358 CITY CONTRACT NO. 82-6 EAGAN, MINNESOTA 0567b ENGINEER'S ESTIMATE ............................. $111,000 /a9 BID TIME: 10:30 A.M., C.D.S.T. BID DATE: Wednesday, July 14, 1982 CONTRACTORS Alternate #1 TOTAL BASE BID 1. Keys Well Drilling Co. No Bid t 96549_nn 2. E. H. Renner & Sons, Inc. No Bid m6 -91n -nn 3, 'Bergerson-Caswell, Inc. No Bid 109 97n -nn 4, Layne Minnesota No Bid 171 90n nn 0567b ENGINEER'S ESTIMATE ............................. $111,000 /a9 0 a Agenda Information Memo July 16, 1982 Page Thirty -Two CONTRACT 82-8 D. Receive Bids/Award Contract, Contract 82-8 (1982 Seal Coating) At 10:30 a.m. on Wednesday, July 14, bids were received to per- form seal coating work for 1982. A copy of the bid tabulation sheet is enclosed on page��,► for the Council's information. Alternate #1 provides for 4 dduct from the contract if the City would perform all required sweeping after completion of the seal coating. Staff is recommending that the City Council accept alter- nate #1 as a part of the base bid. Alternate #2 provides for a deduct if the City was to specify a crushed granite stone in lieu of the previous specification of a trap rock. The granite is an acceptable alternate. Staff is recommending that Alternate #2 be accepted in consideration of awarding the base bid. The total base bid exceeded the original engineer's estimate due to the sub- sequent inclusion of 0.8 miles of gravel roads for double seal coating to obtain cost estimates amounted to $16,169.76 on the low bidder. This is approximately three times more than the City's original estimate for double seal coating. The areas that were included for price quotations were the entrance road to North Park athletic field and the entrance road to the municipal garage (Coach- man Road). If the Council wants to delete these proposed double seal coatings from the contract, combined with accepting alternates #1 and #25 the resulting revised contract would amount to $103,596.21 which is very close to the original anticipated estimate. Funds available to perform the 1982 seal coating project are from several sources listed as follows: 1982 Budget $62,000.00 Contract 80-26 (Eden Addition) Deduct for Seal Coating 6,786.21 Contract 80-18 (1980 Seal Coating) Bonding Company Reinbursement 48,913.90 TOTAL $117,700.11 This implies that the City has approximately $14,000 to perform double seal coating of gravel roads. Any additional expenditures would require funding from the major street trunk fund. The cost of double seal coating is approximately $3.00 per running foot. Subsequently, staff would like some direction from Council as to any preference the Council may have regarding double seal coating of gravel roads so they can properly prepare a change order for future Council consideration. In any event, in consideration of a future change order adjusting the contract price to stay within whatever budget the Council will establish, the Public Works Director is recommending that the contract be awarded to Allied Blacktop Company in the amount of the total base bid. The Director of Public Works can further clarify this issue at the Council meeting if there are any questions. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 82-8 (1982 Seal Coating) and award the contract to Allied Blacktop Company in the total base bid amount of $130,000.66 and including Alternates #1 and #2. 130 C O N T R A C T 8 2- 8 CITY OF EAGAN - SEAL COATING - 1982 EAGAN, MINNESOTA - CCNTRACIORS ALT. fit TOTAL BASE BID 1. Allied Blacktop Co. $9,509.36(-) $130,000.66 2. Black Top Service Co. 8,320.69(-) 146,950.55 3. Bituminous Roadways 4. 5. 6. 7. ENGINEER'S ESTIMATE )31 No Bid $104,000.00 ALT. #2 $ 725.33(- 725.33(- Agenda Information Memo July 16, 1982 Page Thirty -Three WORKMEN'S COMP & GENERAL LIABILITY RENEWAL E. Workmen's Compensation and General Liability Insurance Renewal -- The City Administrator and Director of Finance worked with the City's insurance carrier for workmen's compensation and general liability, Mr. Bruce Medvec of Valley View Insurance. The City's contract term for workmen's compensation and general liability insurance is July 1 through June 30 for a one year period. The City Administrator and Director of Finance have met with Mr. Medvec and reviewed all the premium increases to the current plan and are happy to inform the City Council that the increase is approxi- mately 9% and mainly due to an increase in workmen's compensation due to the hiring of new employees which was budgeted in 1982. The premium difference from 1981-1982 to 1982-1983 is approximately $9,500, from $95,492 to $104,126. Enclosed on pages 1-? 3 through -1S:S' is a brief summary of the City of Eagan insurance renewal as presented by the insurance agent, Mr. Bruce Medvec. It is the recommendation of the City Administrator that the insurance renewal be approved for 1982-1983. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the Eagan insurance renewal for workmen's compensation and general liability for 1982-1983 with Valley View Insurance Company, the agent for Home Insurance and other insurance carriers that represent all the various policies with the City. 13 a` VALLEY VIEW INSURANCE 8210 HIGHWOOD DRIVE - BIOOmIN6TON. mN. 55438 612-944-7272 July 6, 1982 Mr. Tom Hedges, City Administrator City of Eagan '3795 Pilot Knob Road Eagan, Minnesota 55122 RE: City of Eagan Insurance Renewal 7/1/82 Dear Tom: Please find attached our Premium Analysis for the insurance renewal, July 1, 1982 to July 1, 1983. Our renewal quota- tion includes up -dated payrolls for the workers' compensa- tion and up -dated expenditures for the general liability. Other changes involving the property insurance, change of automobile, or increase in values will be made upon receipt of the required information. Presently each department head is going over his or her list of equipment to determine if any changes are necessary. You will notice that the package policy as well as the auto- mobile policy will have a lower premium on the renewal. A decrease of approximately $1,500. on the package and $1,800. on the automobile policy reflects the excellent loss experience the City of Eagan enjoyed throughout the last year. The excess umbrella liability insurance carrier has agreed to renew the policy at the same premium of $2,500. The volunteer fireman accident policy will also be renewed at the same premium of $861. One significant change in the total pricing of this account is the increase in workers' compensation. You will notice that the workers' compensation premium has gone from $48,107. to $59,936. This increase is due only to the in- crease in payrolls that have been estimated for the forth coming year. The City's experience modification has actually dropped from .93 to .92, which allows a 1% addi-' tional credit. I have noted a substantial increase in a few of the classification codes that would cause this jump in premium. 133 INSURANCE • RISK MANAGEMENT • BONDS 0 0 Mr. Tom Hedges City of Eagan Page/2 July 6, 1982 I am pleased to announce that the Home Insurance Company has declared a 24'x% dividend for the policy year 1981. This return of premium will include your package policy, automobile policy and workers' compensation. If you should have any further questions or comments, please feel free to call on me at any time. Kindest personal regards, VALLEY VIEW, INC. BAM/lf Attachment I 34 CITY OF EAGAN Premium Analysis 1982 - 1983 Package Policy Automobile Policy Workers' Compensation Umbrella Liability 1981-1982 $25,816.00 $18,208.00 $48,107.00 $ 2,500.00 1982-1983 In<reesr¢crcnv 0 � Q5, 419 C),O $24,349.00 (S,�7 Q70) $16,480.00 �cf. 5c%) $59,936.00 4.(090 $ 2,500.00 M Volunteer Fireman Accident $ 861.00 $ 861.00 0 � Q5, 419 C),O � loy,lal�.00 9.0 �3J 0 0 Agenda Information Memo July 16, 1982 Page Thirty -Four LETTER OF CREDIT - IR FINANCING F. Letter of Credit for Industrial Revenue Financing -- The City of Eagan has had a request from Juran & Moody, Inc., for considera- tion of a public offering under the condition that a letter of credit would be secured in the case of any public offering. The specific request is in regard to Federal Land Company's request for a letter of credit and public offering on two (2) office building projects in the Bicentennial Planned Unit Development. The City Administrator was directed by the City Council to request and secure a detailed analysis of the letter of credit process from the City's fiscal consultant, Miller & Schroeder Municipals, Inc. A detailed letter explaining how the letter of credit provides additional security to a municipality for allowing a public offering is enclosed on pages 13 7 through Also, Juran & Moody have provided several official statements or a letter of credit transaction they have publicly offered in various municipalities in Minnesota. All the official statements are different, but there were enough copies to provide one each to members of the City Coun- cil for their review. The operative language in the letter of credit bond issue is that the trustee is authorized to draw under the letter of credit an amount equal to the aggregate amount of the bonds, accured interest on the bonds, plus any amount of the premium payable upon mandatory redemption if there occurs an event of default. In essence, this means that the investor, in assessing the security of this bond, is relying upon the letter of credit rather than on the financial ability of the company. Prior to any consideration of the letter of credit, the City has been opposed to a public offering because the investor does not have any security to rely on if there ever was a default and this could provide bad publicity for the City of Eagan. In any event, a private placement public offering or a public offering with a letter of credit does not jeopardize the good faith of the City of Eagan and its bond rating or ability to do bonding in the marketplace. The City of Eagan is providing its tax exempt status for industrial revenue issues with the intention that the interest rate will be lower for the applicant allowing commercial and industrial activity to continue within the community providing an enhancing economic growth. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the amend- ment to the industrial revenue financing policy to allow industrial revenue financing as a public offering with the condition that a letter of credit be secured. !3G Toll Free Minnesota (800) 862-6002 • • Toll Free Other States (800) 328-6122 Miller & Schroeder Municipals, Inc. Northwestern Financial Center, 7900 Xerxes Avenue South, Minneapolis, Minnesota 55431 a (612) 831-1500 July 9, 1982 Mr. Thomas L. Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Hedges: Pursuant to your conversation with Phyllis Slattery and in an attempt to respond to concerns raised by the City Council of Eagan, I will try to explain the structuring and the comparisons between the various methods of financing using Industrial Development Revenue Bonds. The three methods are: the private placement of IDR Bonds and/or tax-exempt mortgage; the public distribution of IDR Bonds; and the public distribution of IDR Bonds secured by a financial institution's letter of credit. In a private placement of an IDR Bond/tax-exempt mortgage the entire fi- nancing package is sold to an investor. This investor is typically a sophisticated lender with a real estate department such as a life in- surance company or a banking institution. They underwrite the financing transaction based on certain real estate value formulas and guidelines concerning the subject property. They employ real estate professionals who appraise and evaluate the property and the structuring of the financ- ing. These experts realize the rewards and the risks of the transaction and base the financing upon this evaluation. Their recourse, if the pro- ject does not fulfill the economic expectations, is to take on the project on a workout basis, or to call upon the personal guarantee of the borrowers in exactly the same way as with a conventional mortgage through the laws of real estate foreclosure. The second method of financing using the IDR Bond is through a public dis- tribution of bonds to finance the project. This is done through an invest- ment banking company. In a public distribution the project is underwritten by both real estate underwriters and bond underwriters within the company. 13? Headquarters: Minneapolis, Minnesota Branch Offices: Downtown Minneapolis a Solana Beach, California a Northbrook, Illinois a St. Paul. Minnesota a Naples, Florida Mcm1wr of the Secure ies Investor Protection Corporation 0 City of Eagan, Minnesota July 9, 1962 If the underwriters feel the project is economically viable and marketable, they will proceed to market the bonds. These bonds are usually sold in denominations of $5000 units and are marketed to the public. The risk - reward factor is reflected typically in the rate of interest the bonds pay. The buyers of the bonds ,(the general public) read the Official State- ment and determine for themselves what risks are involved in the transaction. The major risk is that a default may occur and they would lose some or all of their investment. Upon default the trustee acts on behalf of the bondholders and tries to minimize any losses. The trustee's recourse on behalf of the bond- holders is to foreclose on the property. This can be successful with minimum loss to the bondholders, or in extreme cases be unsuccessful and the bond- holders have maximum losses. The third method is a public distribution of bonds which are secured or backed by a letter of credit from a financial institution or similar in- stitution guaranteeing bonds. The same steps are taken in the underwrit- ing process and the bonds are marketed and sold to the general public. The letter of credit can enhance the safety and security of the investment, but the investor again realizes that even with a letter of credit there is some risk. The letter of credit or guarantee is only as good as the terms and conditions of the letter of credit make it and also the strength of the letter of credit is based upon who or what unit is issuing it. The bond- holder must concern himself/herself with the strength of the letter of credit issuer. The advantage of a letter of credit backed bond is that in the event of default of the borrowers the bondholders can have the trustee call the letter of credit to pay off the bonds. So the major concern of a bondholder should be the letter of credit agreement between the borrower, the letter of credit issuer and the trustee. I hope this description and comparison of financing will help clarify any questions garding public distribution of IDR Bonds. Sincerely, MILLER & SCHROEDER MUNICIPALS, INC. Kenneth L. Nor ch Financial Consultant KLN/ad 13� the various methods of IDRB the City Council may have re - LETTERS OF CREDIT ISSUED IN CONNECTION WITH TAX-EXEMPT BONDS I. Structure of the Financing Short term tax-exempt obligations (the "Bonds") would be issued by an authorized political subdivision (the "Issuer"). The proceeds from the sale of the Bonds would be loaned to the Company to finance the construction of the project and the Company would be obligated to make payments to the Issuer in the amounts and at the times necessary to pay the principal and interest coming due on the Bonds. The rights and obligations of the Issuer would be assigned to a trustee (the "Trustee") pursuant to an Indenture of Trust (the "Indenture"). A letter of credit would be issued and delivered by the bank(the "Bank") concurrently with the issuance and delivery of the Bonds in a parallel trans- action. The letter of credit would be issued for the account of the Company and in favor of the Trustee. It would be a clean, irrevocable, standby letter of credit. Under the letter of credit, the Trustee would be authorized to draw, upon presentation of a sight draft accompanied by supporting documentation, an amount up to the aggregate principal amount of the Bonds. In effect, the Bank would be agreeing to pay the amounts required to pay the Bonds if the Company does not do so. The letter of credit would not expire so long as the Bonds were out- standing but the face amount of the letter of credit would be reduced to the extent by which the principal amount of the Bonds is no longer outstanding. The letter of credit would be transferable and assignable to any successor Trustee appointed under the Indenture. A sample letter of credit is attached as an exhibit to this presentation. The letter of credit would be issued at the request of the Company. The Company and the Bank would enter into a letter of credit agreement pursuant to which the Company would authorize the Bank to advance against the Company's promissory note an amount up to the principal amount of the Bonds to pay the drafts drawn under the letter of credit. Amounts payable by the Company to reimburse the Bank for advances made under the letter of credit would bear interest at a rate to be negotiated between the Company and the Bank. The interest rate might be a floating rate. In addition, the Company would pay the Bank an origination fee and an annual fee. These fees or commissions might be a percentage of the then current face amount of the letter of credit and thus reflect the Bank's outstanding liability under the letter. The terms of the letter of credit agreement would be negotiated be- tween the Bank and the Company. The agreement would set forth the terms under which the letter of credit will be issued, the commissions or fees to be charged, the terms of the loan which will be deemed to have been made if the letter is drawn upon and the security which the Company will grant to the Bank. ►39 LETTERS OF CREDIT ISSUED IN CONNECTION WITH TAX-EXEMPT BONDS II. Advantages to the Company The letter of credit functions as a credit -enhancing device for the Company. Because of the letter of credit the ultimate credit for the Bonds is the Bank. The Bank's ability to make good its obligation to make advances under the letter of credit determines whether the payments on the Bonds will be made. Consequently, the Bonds will carry the same credit rating which the rating agencies such as Standard & Poor's Corporation have assigned to the Bank. The enhanced credit rating of the Bonds means that they can be sold at a lower interest rate, thereby substantially reducing interest cost to the Company. It also means that the company may not need to fund out of the proceeds of the Bonds (and pay interest on) a debt service reserve fund. III. Advantages to the Bank There are a number of reasons that participation in the financing through the issuance of the letter of credit may be advantageous to the Bank. The risk to the Bank depends, of course, upon its view of the credit- worthiness of the potential borrower. Whether the Company can meet its financial obligations on a current basis will determine whether the letter of credit is ever drawn upon. The security which the Bank would negotiate for the loan, as well as the ability of the Company to work its way out of financial difficulties, will determine whether the Bank will be able to recover funds owed to it under the letter of credit agreement and the Company's promissory note. The advantages to the Bank in participating in the financing are straightforward. The first is the commissions or fees to be generated for issuing the letter of credit. These include both an initial origination fee and an annual fee. The relationship offers the Bank the potential to increase its loan portfolio if the letter of credit is drawn upon. Whether this is an advantage, of course, will depend upon the Bank's view of the Company as a borrower. Assuming that the letter of credit is never drawn upon, however, participation in the financing offers the Bank an opportunity to enhance its business relationship with a customer which could be expanded into other bank services and relationships with the owners and employees of the Company. It may be possible for the Bank to both issue the letter of credit and act as Trustee under the Indenture pursuant to which the Bonds are issued. This would allow the Bank to receive the fees payable for both functions. IV Current Developments Letters of credit have been issued recently in connection with tax-exempt industrial development bonds by a number of banks including Citibank, Security Pacific National Bank and Continental Illinois National Bank. Some structures M -2 LETTERS OF CREDIT ISSUED IN CONNECTION WITH TAX-EXEMPT BONDS have involved the use of a,letter of credit to secure an obligation to repurchase the bonds at a specific price on a specific future date and thus reduce market risk to the bond purchaser, however, rather than the structure described herein for the use of a standby letter of credit to reduce the credit risk to the bond purchaser. It should be noted that the Comptroller of the Currency is currently review- ing the use of standby letters of credit and it is difficult to predict what he may conclude based on competing policy arguments. The following attachment provides a sample of a typical standby letter of credit of the type Miller & Schroeder proposes be used in the subject financing. Al - 3 - 0 0 TAX-EXEMPT LETTER OF CREDIT FINANCINGS UNDERWRITTEN BY MILLER & SCHROEDER $5,980,000 Minnesota Higher Education Facilities Authority (College of St. Thomas) $36,000,000 Port Authority of The City of Saint Paul Multifamily Housing Development Revenue Bonds of 1980 $9,000,000 City of Columbia Heights, Minnesota Housing Development Revenue Bonds (LaBelle Park Condominiums Project) Standard & Poor's Rating: AAA Moody's Rating: MIG 1 Standard & Poor's Rating: AA+ Standard & Poor's Rating: AA+ $9,100,000 Non -Rated The Redevelopment Agency of The City of Fremont Housing Program Revenue Bonds (United California Bank) $2,500,000 Standard & Poor's Rating: AA+ Port Authority of The City of Saint Paul Industrial Development Revenue Bonds (Riverview II Venture Project) $4,720,000 City of Bloomington Standard & Poor's Rating: AA+ Industrial Development Revenue Bonds (Cedar Avenue Associates) $3,000,000 Standard & Poor's Rating: AA+ City of Burnsville, Minnesota Interim Commercial Development Revenue Note (Evenson Project) !42. 4. 1 A, P .PE' N D I X S'A ;M 'P L E L E T' T E R 0 P C 'R ;E D: I T 0 0 IRREVOCABLE LETTER OF CREDIT TO: as Trustee Gentlemen: NO. DATE: We hereby issue, for the account of the (the "Company") and in your favor as Trustee under a Trust Indenture dated as of , 1981 (the "Indenture") from the (the "Issuer") to you pursuant to which $ in aggregateprincipal amount of the Issuer's Revenue Bonds, Series 1981 (the "Bonds") are being issued, our Irrevocable Letter of Credit in the amount of $ available to you by your draft or drafts drawn on sight on the undersigned bank. All drafts drawn under the letter of credit must be accompanied by your officially signed statement certifying that: 1. You are the Trustee under the Indenture for the holders of the Bonds; 2. The amount of the draft is equal to the amount of unpaid Loan Repayments then due and payable under the Loan Agreement dated as of , 1981 between the Issuer and the Company and will be applied by you to the payment of interest on the Bonds coming due on or after , 198 , or principal, for which (a) the Company has made no deposit with you in accordance with the provisions of the Loan Agreement and (b) no prior drawing has been made under this letter of credit; 3. No amounts are available for the payment of interest or principal in any of the accounts established under the Indenture; and 4. The amount of the draft was computed in accordance with the terms and conditions of the Bonds and the Indenture. All drafts shall be presented for payment at , on or before the earlier of (1) 2:00 p.m, on (a date following the final maturity of the Bonds), or (2) defeasance of the Bonds, after which time this letter of credit shall be null and void. This letter of credit is transferable and assignable in its entirety (but not in part) to any transferee who has succeeded to you as trustee under the Indenture. Each letter of credit issued upon any such transfer and assignment may be successfully transferred and assigned. Transfer of the available drawings under this letter of credit to such transferee shall be effected by the presenta- tion to us of this letter of credit accompanied by a certificate identifying the 144 transferee. Upon such presentation and the surrender for cancellation of this letter of credit or any then outstanding successor thereto, we shall forthwith issue an irrevocable letter of credit to your transferee with provisions consistent with this letter of credit. This letter of credit sets forth in full our undertaking, which shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement referred to herein (including, without limitation, the Bonds), except only the certificates and the sight drafts referred to herein; and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement except for such certificatees and sight drafts. This letter of credit shall be governed by of the Uniform Commercial Code as in effect in the State of We hereby agree that drafts drawn under and in compliance with this letter of credit shall be duly honored upon presentation. M Its I4S MAE 0 Agenda Information Memo July 16, 1982 Page Thirty -Five CONTRACT 82-7 0 G. Contract 82-7, Approve Plans & Specs./Authorize Adv. for Bids (Cinnamon Ridge 3rd Addition - Streets & Utilities) -- On July 6, a public was held for the installation of streets and utilities in Cinnamon Ridge 3rd Addition and authorization was given to pre- pare detailed plans and specifications. These have now been com- pleted and are being presented to the Council for formal approval so that we may proceed with the advertisement for bids. If. the final plat for Cinnamon Ridge 3rd Addition is not approved, the City should not proceed with advertisement for bids. However, if the final plat is approved, it would be appropriate to proceed with advertisement for bids. ACTION TO BE CONSIDERED ON THIS ITEM: To approve and specifications for Contract 82-7 (Cinnamon Ridge - Streets & Utilities) and authorize advertisement for to be held at 10:30 a.m. on Monday, August 16, 1982. City Administrator or deny plans 3rd Addition a bid opening C, • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 16, 1982 SUBJECT: INFORMATIVE Lawsuit Update Periodically, the City Administrator requests an update on lawsuits that are pending with the City Attorney's office. Enclosed on pages J4q through 1$ is a copy of summary of the outstanding lawsuits affecting the City of Eagan. Monthly Report - Protective Inspection Enclosed on page 19� is a copy of the monthly report for June for Protective Inspections. Liquor License At the last City Council meeting, there were two questions regarding liquor licenses. The first question was whether there was any time stipulation for holding an off sale liquor license without opening a business within the community. This issue has been re- searched with the League of Minnesota Cities and Ordinance #42, and as long as the license holder has not violated any section of the ordinance, the license can be renewed indefinitely at the discretion of the City Council on a yearly basis. A second question pertained to how many on sale liquor licenses can be granted with the current population of the City of Eagan at 25,000. The answer is 18 on sale liquor licenses. Amcon The City Administrator is continuing his effort to meet with the Joint Airport Zoning Board. However, there is nothing to update at this time. Timberline Association Enclosed is a letter from Thomas Nikolai to Richard Marchek with Univac regarding some concerns the Timberline Association residents have about dust being created with the semi conductor facility construction. John Gustin provided a copy of the Letter to the City Administrator for informational purposes and the City Adminis- trator is contacting Univac to seek some cooperation with the resi- dents. A copy of the letter is enclosed on pages !SS through 1:T-7 for your reference. l47 0 Informative Memo July 16, 1982 Page Two Firefighters' Pension Plan rI At the special City Council meeting held in June with the pension committee of the Fire Department Relief Association, it was the conclusion of the meeting that Ken Southern would discuss the City Council's informal proposal for changing the firefighters' pension plan to an IRA plan at the June 21 general assembly Fire Department meeting. It was also stated at that meeting that a representative of the pension committee, more than likely Ken Southern, would contact the City Administrator and report about the reception of the firefighters to the proposal and, further, a request that the City and pension committee further work out a solution to the pen- sion plan. A special City Council meeting was held on June 21 and the pension committee did explain the City's IRA proposal at the general assembly meeting that same evening. Due to vacation and work commitments, it was not possible for Ken Southern to con- tact the City Administrator until July 14 and it was learned that day in a conversation between Mr. Southern and the City Adminis- trator that the general assembly was quite negative to the proposed IRA plan. However, there was some interest expressed by the general assembly as to a combined defined benefit plan and pay as you go plan which could then be partial IRA if chosen by the firefighters and defined benefit plan. The Fire Department was very receptive to the City Council meeting with the general assembly to discuss in further detail a combined plan at some early date in the near future. There are several firefighters who have retired and it might be nice to give formal recognition to these persons at an upcoming City Council meeting. If desired, so direct and the City Adminis- trator will prepare certificates for a formal recognition. s/Thomas L. Hedges amity Administrator KE 0 0 HA.UGR, SMITH. EIDE & KLLLLR, P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 3008 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 PAUL H. HALIDE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Tom Hedges Eagan City Administrator 3795 Pilot Knob Road Eagan, Minnesota 55122 RE: Lawsuit Resume Dear Tom: July 1, 1982 AREA CODE 812 TELEPHONE 474.4224 You have again asked for a summary of outstanding lawsuits effecting the City of Eagan. 1. Twin View Manor Assessment Appeal. An agreement has now been entered into between the appellants attorney from Twin View Manor and the City, dismissing all aspects of the assessment appeal for utilities and streets in Twin View Manor Addition except the interest rate. The case will eventually be tried in District Court in relation to interest only. 2. Ocel vs. City of Eagan. Last Fall there were discussions between the Ocels and representatives of the City concerning temporary measures that might be taken to prevent further damage to the Ocel property. We drafted a proposed agreement which was mailed to Ronald Swanson, the attorney for the Ocels, on April 27 of this year. Apparently, since that time the Ocels separated and the agreement has not as yet been signed. On May 21, represen- tatives of the City met with Linda Ocel at the site and as a result, Tom Colbert sent a letter to David Singer, Mrs. Ocel's attorney, relating to the agreement. Since that time, the attorney for Guy Jarvi, the next door neigh- bor of the Ocels, wrote our office objecting to any aspect of the agreement which might divert waters across the Jarvi's land or otherwise affect their property. We have written Don Day, the City's attorney in this lawsuit, to advise him of the status. 3. Freeway Ford vs. Larsen, Reiter & City of Eagan. This case is being handled by David Wendell, the attorney hired for Home Insurance Company. There does not appear to be any action at the moment. 149 0 0 Tom Hedges July 1, 1982 Page 2 4. Spencer vs. City of Eagan. The City and the Spencers entered into an Agreement on May 20, 1982 for settlement of the Spencer's assessment, as well as settlement of the lawsuit for damages against the City, Barton Contracting and Road Machinery & Supply Co. Spencers have paid the assess- ments and as yet the contribution from the three parties, including Home Insurance Co. for the City in the amount of $1,100.00, has not been received but is expected to be accomplished and the lawsuit dismissed. 5. Farmington Development vs. Adelmann, Calhoun Realty, and City of Eagan. The City is still involved in this action brought by the buyer of two lots in Cedar Industrial Park from Joseph Adelmann. The problem is that of some 1968 assessments and we feel now, after some discovery, that we can eventually make a motion for Summary Judgment and dismiss the City from the action. The action amounts to about $13,000.00. 6. Thomas Lake Assessment Appeals. The Court has now denied the motion of Ken Ketchum for Summary Judgment. Mr. Ketchum has sent a letter, a copy of which is enclosed, dated June 14, 1982, offering some settlement terms. A motion for Summary Judgment could possibly be brought against William Tschida for failure to file his appeal within the required time, but we have not made the motion as yet. 7. Trudi Johnson Assessment Appeal - Dodd Road. A decision has been received from the District Court several months ago reducing the assessment from $32,323.00 to $11,300.00. Tom Colbert and I have been considering the possibility of reassessing approximately 200 feet of frontage of 800 feet along the Trudi Johnson property and attempting to claim the benefit for the $11,300.00 is attributable only to 200 feet. We will be making a firm recom- mendation shortly. 8. Drexel Heights - Project #240 Street Assessment Appeal. The Dis- trict Court has returned the assessment to the City and asked the City to reassess Drexel Heights and the Braun property for street improvements in the area. Tom Colbert is gathering costs on this and a meeting is expected shortly with the representatives of the property owner. 9. Performance Bond Actions. Two lawsuits that name the City as a party regarding claims on Performance Bonds for Improvement Projects, basically have now been settled. One was G & L Seal Coating Company and a check has been received by the City for the Bond payment made in 1980. 10. Caponi vs. Carlson, City of Eagan, Bonestroo, Rosene, et al. The $60,000.00 damage action brought by Mr. Caponi is still in limbo in the District Court. The DNR Lake Level setting action was appealed to the Dis- trict Court from the Hearing Examiner's decision and has not been called for trial. I would expect that case will be called for trial in the Fall of 1982. 150 0 0 Tom Hedges July 1, 1982 Page 3 11. City of Eagan vs. Dennis McCarthy (Wescott Road easement acquisi- tion) and City of Eagan vs. Dennis McCarthy (Pond acquisition easement). The road acquisition action has been appealed by the City and the property owner to the District Court and no date for hearing has been set. The pond acquisi- tion easement is expected to be heard before Commissioners in July. We made a motion in late June to exclude a small portion of the pond from the descrip- tion, lying on the west of the main pond, according to Tom Colbert's recommen- dation. No decision has been made but I expect that the District Court will not allow us to exclude any portion of the condemnation action at this time. 12. Floyd Cunningham vs. City of Eagan. Mr. Cunningham has commenced an action for $2,500.00 damages for loss of his 1976 automobile which was towed by the Police when found on a City street without a current license. Ideal Mutual Insurance Company has agreed to pay for defense. An Answer was made May 26, 1982 without further response. 13. Police Squad Cars _ General Motors. The Council has not yet authorized an action for alleged defective squad cars. PHH: as Very truly yours, HAUGE, SMITH, EIDE & KELLER, P.A. Paul H. Hauge %S1 KENNETH P. KETCHAM ATTORNEY AT LAW 1456 YANKEE DOODLE ROAD EAGAN MINNESOTA 55121 June 14, 1982 Mr. Bradley Smith Hauge, Smith, Eide, & Keller, P. A. 3908 Sibley Memorial Highway Eagan, MN 55122 Re: Ketcham et al, vs. the City of Eagan Dear Mr. Smith: 11 454-6440 AREA CODE 612 Pursuant to our phone conversation regarding settlement, here are my thoughts on the matter. Please relay them to the council. I. The amount in controversy is not a great amount, approximately $1,350. 2. The appraisal technique is novel. The supreme court reversed themselves this year and allowed a developmental appraisal approach. Their dictum indicated the need for "hard" data before it will be considered by the court. My view is your evidence, and the foundation, (and the underlying premise) is "soft". 3. The Courts have taken a very strong stand on the admissibility and credibility of a homeowner testifying as to the value of his or her own property. Do we have to hire a high priced appraiser to refute the testimony of the City? 1 do not think so (although I have not ruled out the use of expert witnesses). The City has already set out their general technique of appraisal. At best at trial, they can only attempt to buttress their weak spots. I feel that, as I indicated above, the underlying foundation or premises are ripe for an attack. 4. My time is "free". 1 have been cited in Finance and Commerce before and I liked the feeling. 5. The City has to weigh their gain versus the future risk of setting a negative precedent in the event we prevail. The issue has Statewide consequences especially in this time of financial crunch. 6. Pavlak's Order was no help to either side. Dakota County has been the leader in the affirmation of the constitutional .issues in assessments. 7. Paul and I have a golf tournament the day the trial is scheduled. Therefore, we propose a reduction of 50% of the amount of the assessment as and for a final settlement of this issue. This case intrigues 15; 0 0 me so much that this is our final offer. To have your client accept it, you might have to tell them we demand 100% and let them compromise. That is your problem. Please come back with a yes or a no. 1 suggest that you try for the special meeting on the 21st or 22nd as the day the council decides. 1 am not going to expend preparation time and expense just to settle after July 1. Thank you for your consideration in this matter. Sincerely yours, Kenneth P. Ketcham P.S. As an additional prod of the council's good senses, we can make as part of the agreement that 1 will not act 'as counsel for any future storm sewer assessment appeals for the trunk system. iS3 0 LN''SP=ON/OFFICE YOURS Building Plumbing HVAC Administrative/Office Fire Marshal Miscellaneous General Office Permit Processing City Council Meetings NUMBER OF PFIZ M ISSUED Building Plumbing HVAC Electric Water Softener Well, Cesspool, Septic Tank Signs PmOTFCTIVb' insp'crlors • NATURE. OF BUILDING PE WITS IS.'am 14D"I .Y REPORT JUNE, 1982 This Nbnth 137.5 111.5 57.0 65.5 28.0 26.0 182.0 111.5 0.0 This Month 77 51 52 75 6 2 10 Year -Tb -Date 563.0 285.5 902.5 211.5 144.0 864.0 564.0 1.5 Year -Tb -Date Tzr-- 226 231 319 31 3 32 Rrnber TyPe Units Valuation Perrdt Fee Plan (heck Fee Thral FPAt 32 Single Fami.1V 32 $2,326,000.00 $11,109.50 0,554.75 $55,987.25 4 Awlex 4 $ 118,000.00 $ 763.00 $ 381.50 $ 6,183.50 12 lblti-Farr*ly 12 $ 795,000.00 $ 2,818.50 $1,409.25 $19,625.25 0 Commerical 0 0' 0 0 0 0 Industrial 0 0 0 0 0 0 Institutional 0 0 0 0 0 2 Res. Garage 2 $ 9,000.00 $ 95.00 0 $ 99.50 4 jam• Pool 4 S 32,200.00 $ 286.00 0 S 303.00 23 Miscellaneous 23 $ 101,350.00 995.00 $ 147.75 S 1,194.25 I$ 1 77 Tag 77 $3,381,550.00 $16,067.00 57,493.25 $83,392.75 * Total Fees Include: Eui.ldinp Permit Fee, Six -Charge, Plan Check Fee, SAC Unit Fee, Fater Carmectian Fee, 4hter Meter Fee and Road Emit Fee. Richard J. Marchek, Esq. Sperry Univac 3333 Pilot Knot Road Eagan, MN 55121 Dear Dick: This letter is intended to confirm the complaint which I made to you during our telephone conversation of July 6, 1982. I called you to request your assistance in having Sperry Univac recognize the legal obligations it has as a property owner not to conduct activities on that property in such a fashion so that it becomes a nuisance, in a legal sense, to the neighboring property owners. Specifically, I mentioned the serious dust problem which has been created and allowed to persist by the Contractor in charge of the construction of the new Semiconductor Facility. Well over a year ago, in preparing the land for construction, the Contractor removed all ground cover and exposed the underlying fine sand. On repeated occasions, the abutting property owners in the Timberline Addition had spoken with different Univac representatives concerning the dust and dirt problem which this has created. After tolerating the condition for most of the summer of 1981, 1 personally wrote to Ed Michaud this spring and requested his assistance in seeing that the Contractor would be required to take effective steps to keep the dust and dirt from blowing into our homes. Ed's response alluded to certain efforts which had been taken but, as pointed out below, these efforts have been wholly ineffective in alleviating the problem. When I spoke to you on the 6th, I indicated to you how unbearable conditions were on July 4 and 5. In that it had not rained for many days, the fine sand was powder dry. When gusty southerly winds picked up on Sunday, a veritable sand storm was created. I am not exaggerating to say that from my back yard there were times when. I was unable to see the new building which is only several hundred feet away. This cloud of dirt and dust came rolling across our back yard and into our home. Before our 4th of July party, Mary had spent many hours cleaning our home to make it presentable. When the dust and dirt rolled in, it soiled our drapes, blinds, and other furnishings, leaving brown grit and grime on everything. 155- LAw Orrrtze HAUGEN AND NIKOLAI 1636 MIDWEST PLAZA 6U11G111 601 NICOLLET MALL MINNEAPOLIS, MINNESOTA 53402 ORRIN M. HAUGEN A. C. 612.316-7461 THOMAS ,L NIKOLAI PATENTS TRADE MARKS DOUGLAS L.TSCHIOA p July 12, 1982 COPYRIGHTS Richard J. Marchek, Esq. Sperry Univac 3333 Pilot Knot Road Eagan, MN 55121 Dear Dick: This letter is intended to confirm the complaint which I made to you during our telephone conversation of July 6, 1982. I called you to request your assistance in having Sperry Univac recognize the legal obligations it has as a property owner not to conduct activities on that property in such a fashion so that it becomes a nuisance, in a legal sense, to the neighboring property owners. Specifically, I mentioned the serious dust problem which has been created and allowed to persist by the Contractor in charge of the construction of the new Semiconductor Facility. Well over a year ago, in preparing the land for construction, the Contractor removed all ground cover and exposed the underlying fine sand. On repeated occasions, the abutting property owners in the Timberline Addition had spoken with different Univac representatives concerning the dust and dirt problem which this has created. After tolerating the condition for most of the summer of 1981, 1 personally wrote to Ed Michaud this spring and requested his assistance in seeing that the Contractor would be required to take effective steps to keep the dust and dirt from blowing into our homes. Ed's response alluded to certain efforts which had been taken but, as pointed out below, these efforts have been wholly ineffective in alleviating the problem. When I spoke to you on the 6th, I indicated to you how unbearable conditions were on July 4 and 5. In that it had not rained for many days, the fine sand was powder dry. When gusty southerly winds picked up on Sunday, a veritable sand storm was created. I am not exaggerating to say that from my back yard there were times when. I was unable to see the new building which is only several hundred feet away. This cloud of dirt and dust came rolling across our back yard and into our home. Before our 4th of July party, Mary had spent many hours cleaning our home to make it presentable. When the dust and dirt rolled in, it soiled our drapes, blinds, and other furnishings, leaving brown grit and grime on everything. 155- 0 Richard J. Marchek, Esq. Page 2 July 12, 1982 E The following day was no better. The temperatures were in the 90's and the southerly wind continued to blow across Univac's property, picking up the fine dust and dirt and carrying it into our yard and home. To give you a better idea of the extent of the dirt cover, when backing out of my garage, my car tires actually created tracks on the driveway. Needless to say, I am quite upset with the indifference exhibited by Univac and its building contractor. I took the occasion to talk to several of my neighbors who share my outrage. All summer long we have had to put up with excessive dust, dirt, noise and more recently with foul odors. In the letter which I wrote to Ed, I indicated that one solution might be for Univac to require the Contractor to provide a sprinkling truck which would ensure that the ground remained moist so that the dust and dirt would tend to remain settled: This suggestion was not followed and as far as can be determined no other procedures have been adopted for limiting the pollution which is being generated and which is damaging our homes and furnishings. We should not have to shut ourselves in waiting for rain to take care of matters. We should not have to put up with the inconveniences, additional work, and expense where effective measures could be taken to alleviate the problem. When you called me on July 9th you indicated that you had talked to Ed and advised that he would talk to the Contractor. I assume that Ed has previously related our complaints to the Contractor so I doubt very much that further discussions will be of much help. Talk does not solve the problem. Some immediate action is needed! My neighbors and I are sufficiently disturbed over this entire matter that unless the dirt and dust problem is controlled, appropriate measures, either through the City Council or through the Courts will be initiated. We have no other choice. Things are just that bad. Neither you nor anyone else in Univac's Management team would put up with the problem if they were in our position. We neighbors should not be expected to either. 156 Richard J. Marchek, Esq. Page 3 July 12, 1982 Please advise me within the next ten days what positive measures, beyond talk Univac will take to require its Contractor to obviate the problem which I am addressing. Unless I am so advised and unless those measures are instituted immediately, we homeowners will have to seek redress in a fashion which will certainly not enhance Sperry Univac's image in the community. TJN/bc Very truly yours, HAUGEN AND NIKOLAI Thomas J. lai cc: R.L. Seaberg J. Gustin, Pres. Timberline Civic Association /5-7 EAGAN CITY COUNCIL �• EAGAN, MINNESOTA REGULAR MEETING CITY HALL JULY 20, 1982 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES P1 III. 6:35 - DAKOTA COUNTY ASSESSOR'S OFFICE - CONSIDERATION OF ABATEMENTS IV. 6:45 - DEPARTMENT HEAD BUSINESS SA. Fire Department 4,CC. Park Department `,� B. Police Department '� D. Public Works Department t V. 6:55 - CONSENT ITEMS (One Motion Approves All Items) P3 A. Conditional Use Permit Renewals - June, July & August Q.#a B. Sign Permit - Richard de Wilde S C. Deferred Compensation Plan/Resolution e I.D. Project 365, Receive Petition/Order Feasibility Report (Northview Meadows 1st Addition) pP,PC E. Project 364, Receive Petition/Order Feasibility Report (Brittany Manor 4th Addition - Water Main) F. Contract 81-12, Final Payment/Acceptance (O'Leary Lake Storm [Sewer Outlet) Q.ib G. Contract 81-3, Change Order #2, T. H. 55 Storm Sewer Outlet VI. 7:00 - PUBLIC HEARINGS Q,11 A. Final Assessment Hearing, Storm Sewer Outlet) 2� B. Final Assessment Hearing, i Addition Streets) C. Final Assessment Hearing, 41 D. Final Assessment Hearing, P Addition Streets) 11 E. Final Assessment Hearing, PStreets) VII. OLD BUSINESS Project #297 (Blackhawk Lake Trunk Project #307B (St. Francis Wood 2nd Project #327B (KiLldeer Addition Streets) Project #328B (Ches Mar East 4th Project #329B (Cedar Cliff 2nd Addition Q.ya A. Paratransit Committee Report .-SO B. Kingswood Addition/Payment of Lateral Benefit from Trunk Utilities eq0 C. Dakota County to Amend the PD (Planned Development) & for a P� Preliminary Plat, Dakota County Plat #1, in the Mission Hills Planned Development, Located in Part of the NE'k of the NEg of Section 31, Consisting of Approximately 12 Acres CJ's, D. Federal Land Company for Rezoning from R-4 (Residential Multiple), LB (Limited Business) & CSC (Community Shopping Center) to PD (Planned Development) located in the N2 of the NEi of Section 15 & Part of the E"- of the NE% of the NW'y of Section 15, Consisting of Approximately 100 Acres P1� E. Special Use Permit for St. Paul Pioneer Press & Dispatch Newspaper Vending Machines I.F. Water Treatment Plant Eagan City Council Agenda July 20, 1982 Page Two VIII. NEW BUSINESS '6(O A. Discussion Regarding Bank Depository Pgg B. Northwestern National Bank, Thomas R. Hall bauer for. a Conditional \ Use Permit to Allow a Drive Up Bank Machine in a CSC (Community) Shopping Center District) in Part of the NE'y of Section 19 in Part of the Cedarvale Shopping Center p.� C. Sienna Corporation, Rodney Hardy, for Rezoning from R-3 Planned 1 Development to Allow 85 Single Family Lots & 84 Duplex Lots & Preliminary Plat (Northview Meadows) Containing Approximately 52 Acres in the NEk of the NW'y of Section 26 e.%%% D. Orrin Thompson Homes for 1 Foot Variance from the Ten Foot Side Lot Setback Requirement for Lot 16, Block 2, Johnny Cake Ridge Addition E. Amendment to Ordinance #52 (Zoning Ordinance) Regarding Mobile P Manufactured Housing F. Discussion Regarding Helicopter Pad in Residential Subdivision G. Final Plat, Cinnamon Ridge 3rd Addition P IX. ADDITIONAL ITEMS Joint Burnsville/Eagan Cable Television Commission Update P•IZ� B. City Hall Expansion Update C. Receive Bids/Award Contract, Contract 82-6 (Well #7) P t-30 D. Receive Bids/Award Contract, Contract 82-8 (1982 Seal Coating) Q X3'1. E. Workmens Compensation & General Liability Insurance Renewal P 1S 6 F. Letter of Credit for Industrial Revenue Financing 1+6G. Contract 82-7, Approve Plans & Specs./Authorize Adv. for Bids P' (Cinnamon Ridge 3rd Addition) X. VISITORS TO BE HEARD (For those persons not on the agenda) XI. ADJOURNMENT 9 0 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 16, 1982 SUBJECT: AGENDA INFORMATION After approval of the July 6 regular City Council minutes and the July 20, 1982 City Council agenda, the following items are in order for consideration: DAKOTA COUNTY ASSESSOR'S OFFICE - CONSIDERATION OF ABATEMENTS Mr. William Peterson, appraiser for Dakota County, is requesting time on the agenda to address four (4) tax abatements the county is recommending for approval. Those tax abatements are: 1. Arnold S. Krohn, Parcel #10-14991-150-01 (Upon reviewing the property, it was found by the County Assessor that the stage of completion had been valued too high. The assessed value should be reduced to $7,672.) 2. Raymond Lytle, Parcel #10-14990-110-01 (Upon reviewing the property, it was found that the stage of completion had been valued too high. The assessed value should be reduced to $7,672.) 3. Cory Gold, Parcel #10-14990-090-01 (Upon reviewing the property, it was found that the stage of completion was assessed too high. The assessed value should be reduced to $7,672.) 4. Daniel Simon, Parcel #10-16705-550-06 (Upon reviewing the property, it was found that the new construction had been valued too high. The assessed value should be reduced to $18,139.) The Engineering Department was directed to prepare a map that illustrates the location of the subject real estate abatements and copies are enclosed on pages 2 through + for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny one or all of the tax abatements as recommended by Dakota County. ABATEMENTS-- • July , 1982 Real_ Estate: Approved Arnold S. Krohn #10-14991-150-01 Upon reviewing the property it was found that the stage of completion had been valued too high. The Eagan, City of assessed value should be reduced to $7,672. Raymond Lytle #10-14990-110-01 Upon reviewing the property it was found that the stage of completion had been valued -too high. The Eagan, City of assessed value should be reduced to $7,672. Cory Gold #10-14990-090-01 Upon reviewing the property it was found that the stage of completion was assessed too high. The Eagan, City of assessed value should be reduced to $7,672. Daniel Simon #10-16705-550-06 Upon reviewing the property it was found that the new construction had been valued too high. The Eagan, City of assessed value should be reduced to $18,139. Z • l:ll.r. u�XX i:• SILVER BELL AVENUE ...m V .a ,. ,. _• SILVERY v ......, BELL' }� s "IC, :,u .• ry ROAD' d Lt �., . 01. ,• i , .. � . �-•,.,° • : � _90.0 �• ,•..•. , ' Q � •i - 'fi 1,� y• ' 0-1 co ro • o l y` 32. Is } p�ru� /• • y °{ a' Donor r Twe .5 �d'/r C a _ s r . b � • r+m1'. , `l.• Las GOLD - ___f_ TRAIL ••i .•"• ``O� 'K'$•dlNNrjO•= 3 L •" —' ` �� 0 y y Jaz ' Z V o ♦ 6' bMIME an: ;DAi? f,rr p 1 I¢•� ,L 6,. RyfCO Z `4.••+il, yi .t Lau, 5 + \ • '• •rit4 FLS• • �-. •� r� I•�• F+� oorsm o NO y ,r 'f ° L __�e _ • ".a „ zL J. ••M•n n. S 5 8 _.a b i .S o+5 ��,� ,. :,�`••X _- •GOAD__'_u —TRAIL IL+, OVrIOx L • I• �V I• IL rt ,= Ay ', '�C ,O • .. , •. • .. • � ��a �• �d 4 • ax • [L • L.. ' ruga ..uo ° ♦_�. a:4 • °I •' ..!ne_ CED� :, � ¢: �,, ,, sI••. ,,�._a „... _ L, E N • ba f• Q +,• y • J�2 •• a •• jO n i••b°•7 , %f .tr 'Yi pVO� \ ,'t . �� _ rL ' \' � 'r', F a i • ,, v' Af9q ;• . ' : �%' : ..... L • r ♦ \ `{C �� '9 + yi, < j+ r ••v,, .Sri • -tCRVS AL COURT : �• . s \ � � t a+t•>� as • ( x a • �s , T�..r$•�`\' �r%�\ r t ° 1: �y , •6 ,L ca :fin _.P 5.., S �L .tO • . A ,c S � ✓P , •I ;• y '% .✓'� „' f.,.a 3 f MIC4 TRAIL •. � yx• S• •°{1 . s+' I .meal• I n 9 g �f • x 10x > ., i9ff ,w;.r, >. oc. i.-a• ;4 i�• . i - � � °� - �.; n � - Q-4 eI Trr /00 en ,S d �N l..• f. 45 { PsfP Tw.xi.: °' „NI I, ' ? n. n I �' ' r1 e: D :�O�•^ , f Y Y \• .'�:. '•�o - J .• HEP� ° ` '•n( �t �•r::� • •;:PJ., :i,::.� # - �,,•, yi.�\!i na S `,°. j:�:". s ° •Jr 9 n fr 5i •� - ` 00 ' r w•A n 1 1 i r '� '• Y�, ,� •rG�'., •�? �'1 v � •::{',7.-. E ' x Pa- •. a y, Op .-i. ., s\ . A l i / 9p1 a. r' 90 6 � � �. ff .�..•y. 'a,,:3 '1 ? } w ^r f. a�9P — - '—' .r"-w, • ✓f asa r 6 'GQ �.. ,,i ,; s•,,.. +7 �.. QC• L ''•• -•a . - ,'+ > - : e y ., ef1 $; . 6 OST ,fC �_'6'C� ' o _ i 1 f�_• y' t• • "C9 :•i ` a 9 •- _ .r ,i -..'Y' .I I ' ' - - Ci —:.d—. f 8 63' '� " •`a 0 y' _ ) 1 + f _^"`'°_; .�° ne•� •�" i,�,/ 'Yf•' ,Y ". v j: • 33 w'+.. ! ! ' AS 1. i - � 1' wwf - •' • v� •i+ f _ asi •Ya .• 'i�. Gld - J•! �. G S t �... •�.: �. i. '• : �,. •; l '`1 �.•,''�f,^ g' • �I '� °� « 3�. i. •pi J, ,. '. t�'s'�aS... ?E _1.— .. i'c' :_ +t y :k - 10-. • _aj ''� i A •L/,•�,• •o i C 39's,{ s :� - CIRCLE i� . e ' % '•f•n • .: ' 1 1 " I t9 ''' li / sJ� i .�, 1 f rov 8 �� �; ..... ; Y • j,4. V ` y;+ ,a , ; 81cA fTUR00015E •,CIR.,7 ", 1,+`., '.�- Z��. .Yr p �Y• '<�. ih• 'i :nr:zt !�, - Imo:-- •ol. V ° �II 'n 1 ,r•q^ r} Sera' r ��_• i ,5•PJ! a z w... ••ie;!� i •f: iu•�-� :vN .�'� I •„"` G° as .��B r J =S $` •'a' ira SOP'": r .4� + • ; n y' - Irl o' L •.... " .1. f {' - 13 i i.° • °"'�•n {a i' - ,,, �i fy '3a • I •'' {' ,t ke"nn Q I aR T;M.'' i^W I'7i, '��.' ee: it �.rrvO•'r' AiT,•.p. x 4 •a,a e, M1y N33tl} ✓ I '� T k'Yz-�--alis:. I .r. � 1 • ::i—' I i I •:�°�. . _ '•i • � . > f `i .. � •• j' ..T ,3 . • •{ �� t aLO?a. 7 a s . , 1 • � -r - I ilii ; LI�:: 3 C5 . 'B �S t :�J�, ,I,k ' •S' . "a'�+'�. , c .r I' ii }., �` .n ,.. o .. 1 BLACKHAWK •.. " :. .. w�� ~ ar,er J - _ - 4 _'� [' BLACKHAWK rte �irr�.�: c .� ROAD .- • S •- ... ....' ,.. ... ROAD '__j. m. ` IIS - -• _j �T' L� •• ,II!X ^•• r BLACKHAWK .I. ...,. ml I ROAD. .c :I, ter- Luau ^ms._.a•�j�� �::^ uw� l r- jr' I "BLA yKNAWK ROAD %I ''z, 1 i:r•e"i••, V ygsO• I "":�: v ,^'.:. i •� _� �• °N' ;�0:'i,J ' .� In e S m� - e,.-1, �'1 y .wY, e t �l mia e ��0� ^ .... 7• � :� • 1 o - � --- - �'' r t, �•^ ... _.. •I •. �, I _ °.;DNS-_::.:,. "' _ .y• :;.. � .I 'II, — lo l .., m• �. ,f " a ... 1. �r -<I 0\ 4a �•:YJ ,� n , iMl. S � O• .y , •'," N • • t �n 1td. �,, r ^T, a 41 1 IL "•'"•..LSADE•q•r " x1. •• /.� a. ..I •-� PALISADE "� : i lJ / �: = 7y+ o • �G P`� .°e• _ �h'': - :l i 1 • I ,rw.a ,rmrr Q3 s.„,., i l(•^-��, O ,e-we.L n.:., I "'� ,, �i`•,1�° Y JL .io 1 _ _ _ I m ',..e � �, ,few � F'• a r' fix < � � Ia • ,... � s _. L• .'�' � i +. A% ”' v •• „< r •?.mal- ,�:.", ._ . vy i. ...4: ''•p.• ,:'.z 4f. =.�. *• fJY��., �Li?�• 'IF ) j • . 0 0 Agenda Information Memo July 16, 1982 Page Two FIRE DEPARTMENT A. Fire Department -- There are no items to be considered for the Fire Department at this time. POLICE DEPARTMENT B. Police Department -- There are no items to be considered for the Police Department at this time. PARK DEPARTMENT C. Park Department -- The City of Eagan has received a copy of the Environmental Impact Statement for the Minnesota Valley National Wildlife Refuge. The document was sent to the attention of the City Administrator for review by the City of Eagan. This document was given to the Director of Parks & Recreation and Mr. Vraa has had an opportunity to review the EIS. Attacted on page are some brief comments Mr. Vraa has made pertaining to the MAiesota Valley National Wildlife Refuge EIS. Since the memorandum provides a good summary of the EIS by including the types of uses that are proposed for the Minnesota Valley National Wildlife Refuge, it seemed appropriate to include this memorandum for informational purposes and review by the City Council. S • • July 8, 1982 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: E.I.S. MINNESOTA VALLEY NATIONAL WILDLIFE REFUGE You had asked that I review the E.I.S. for the Minnesota Valley National Wildlife Refuge for comment. Specifically, how the plan related to Eagan. As you know, the Wildlife Refuge does not extend beyond the east side of Cedar Avenue, south of the Minnesota River. The area generally east of Cedar is State park land. Consequently, the E.I.S. does not address this area other than to indicate areas of co-operation between U.S. Fish and Wildlife and the State park system. The E.I.S. does indicate that there is a fen - a rare and sensitive vegatative area within Eagan. The fen is located on both sides of the rail- road; both east and west of old Cedar. A portion of the fen is within Fort Snelling State Park. A large portion is on non-public land. The plan suggests that protection of the fen be by acquisition, or strict enforcement of land use regulations by the cities. The plan calls for a trail head within Eagan which would connect up to both State and M.V. trails as well as to the bridge connection to Bloomington, and the north trails system. The trail head is to provide for parking - information - toilets - and handicap access. (A boat launch facility will also be included. This is a recent proposal and is to be accomplished through a co-operative effort of D.N.R., Watershed District and MDot.) In terms of recreational opportunities, the 494 and Cedar Avenue trail crossing to Bloomington will provide Eagan residents access to the Fish and Wildlife headquarters, environmental elocutiondisplays, trails in Bloomington (bike, X ski, hike) and connection to Minneapolis Parks system. As part of the management tool; some hunting and trapping will be permitted, but limited to handicapped individuals. This is generally supported and pro- vides recreational opportunities close in to those who otherwise may not be able to participate in this type of recreational opportunities. The M.V.W.R. plan does contain certain other recreational opportunities generally not considered by many to be consistent of a wildlife refuge. As an example: There is a proposed areas for field dog trials, sled dog races. horse trails, snowmobile, etc. None of these are proposed within the plan for Eagan/Bloomington/Burnsville. However, there is still a "concept" thought that an outer bluff trail might be established by the D.N.R. as a State trail. This trail would provide for horse back riding and would end/begin at Cedar Avenue. At this time horse and snowmobile trails are not part of the Fort Snelling State Park's plans for Eagan. I sense that such trails, if they were to be included would be of low priority to that which is planned. There is nearly 53 miles of equestrian trails planned within the M.V.W.R. and additional trails in Eagan seem unlikely. This is a very brief outline of some of the issues that may impact Eagan by the M.V.W.R. All seem consistent with what has previously been in- dicated. .6 0 Agenda Information Memo July 16, 1982 Page Three PUBLIC WORKS DEPARTMENT D. Public Works Department -- Item #1: Project 302, Easement Acquisition (O'Neill Pond) -- During tT e continue e orts y start to acquire the necessary ponding easements around O'Neill Pond, City staff has had several discussions with Mr. Earl Schindeldecker of 2826 T. H. 55 (south side of O'Neill Pond). Because Mr. Schin- deldecker is not pleased with the construction associated with the upgrading of T. H. 55, he has been very reluctant to dedicate the required ponding easement. Subsequently, he has indicated that he will grant this easement if the City will provide for a sanitary sewer connection of his existing residence to the existing sanitary sewer lateral that runs through his back yard. Mr. Schin- deldecker is concerned about the impact the pond will have on his present drain field system. Staff has received some quotations from plumbing firms as to what the cost would be to perform this construction. It is estimated that it would cost approximately $ 1,900 and that the required City connection permit fees would amount to $550. Subsequently, because of existing contracts and the present construction activity, it is necessary that the City obtain this easement immediately. Therefore, staff is requesting authorization from the City Council to perform the sanitary sewer connection in consideration of Mr. Schindeldecker the necessary easements. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the installation of a sanitary sewer service to Mr. Earl Schindeldecker at 2826 T.H. 55 in consideration for acquisition of a ponding easement for Project 302. Item #2:Special Assessment Deferment Policy - Financial Hardship Criteria -- At the June 14 special assessment committee meeting, t eT re was a request for the deferment of special assessments due to financial hardship. Presently, the City does not have a policy other than the senior citizen ordinance which would provide for deferment of special assessments based on financial hardship. The special assessment committee directed the staff to prepare a set of criteria that could be considered for specific financial hardship requests. Staff has not yet completed the formulation of proposed criteria for such a policy. In surveying other suburban communities, it was surprising to note that no other community has any special considerations for deferment of assessments based on financial hardship. Subsequently, it is difficult to try and determine what criteria should be used in the formulation of such a policy. Therefore, staff would like some input and direction from Council as to recommended criteria so that staff can formulate such a policy. ACTION TO BE CONSIDERED ON THIS ITEM: No action is required on this item at this time. Agenda Information Memo July 16, 1982 Page Four There are seven (7) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If the City Council desires to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. CONDITIONAL USE PERMIT RENEWALS A. Conditional Use Permit Renewals, June, July & August -- The conditional use permit renewal for the month of June is for outside storage for Central Fence & Supply Company located at 3790 Dodd Road. The conditional use permit renewals for the month of July include Jerry & Carol Thomas for a horse ranch at 1810 County Road 30 and George Becker for a group foster home at 3890 Lexington Avenue South. The conditional use permit renewals for the month of August include the pro-life sign for Dakota County MCCL and an outside storage rental lot for U -Haul Company. All, of the these conditional use permit renewals are in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the conditional use permit renewals as presented for the months of June, July and August. SIGN PERMIT - DEWILDE B. Sign Permit for Richard deWilde -- Mr. Richard deWilde was granted a special permit to operate a vegetable stand from July through October on Dodd Road north of the Trinity Lone Oak Church. Mr. deWilde has also requested a temporary advertising sign, 4' x 6', totalling 24 sq. ft., at the location of the vegetable sale stand. The temporary advertising sign meets all ordinance require- ments and should have been included as a part of the special use permit application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the sign permit for Richard deWilde as a temporary advertising sign for his vege- table sales market. DEFERRED COMPENSATION PLAN C. Deferred Compensation Plan/Resolution -- The City of Eagan, for several years, has offered its employees a deferred compensation plan. The plan chosen by the employees and City was a deferred compensation plan with IDS. There are only two (2) employees parti- cipating with the plan at this time. Last July, the City was ad- vised by IDS that its deferred compensation plan should be changed E 0 0 Agenda Information Memo July 16, 1982 Page Five to comply with changes in the internal revenue code by January 1, 1982. The specific changes relate to the dollar amounts that can be deferred in one year. The changes also provide for catch up provisions for deferral, changes made regarding when an employee must sign a participation agreement in order to defer his or her income. The new proposed plan provides more flexibility as to the committee as to the investments that are allowed in the plan. The City properly is not described as a beneficiary. More benefit modes are made available at the discretion of the participant according to the City Attorney's office. It is the suggestion of the City Attorney's office that the plan be adopted as proposed effective retroactively to December 31, 1981, in order to attempt to insure compliance with the changes in the internal revenue code. A resolution authorizing revision of the City's compensation plan for City employees and officers is enclosed on pages /p through J� The actual plan is several pages in length, and if any member of the City Council would desire a copy of the plan, copies will be furnished upon request. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution as stated to comply with internal revenue code provisions referred compensation plans. W RESOLUTION AUTHORIZING REVISION OF THE CITY OF RAGAN DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES AND OFFICERS WHEREAS, M.S.A. Section 471.615 provides for and authorizes cities to purchase retirement annuities for employees and officers who have entered into an agree— ment authorizing the deferring of the portion of their compensation; and, WHEREAS, the City of Eagan adopted such a plan on March 5, 1974; and, WHEREAS, the City of Eagan desires to provide such plan in full compliance with changes in the Internal Revenue Code; NOW, THEREFORE, BE IT RESOLVED by the Fagan City Council that upon the recommendation of the City Clerk and the City Attorney, the Mayor and Clerk be and hereby are authorized to execute on behalf of the City, an agreement with IDS Life Insurance and Annuity Company, Minneapolis, amending the City of Fagan deferred compensation plan where eligible city employees and officers may contract with the IDS Life Insurance and Annuity Company or other companies qualified under the law and authorized by the City Council to provide such a plan for City employees and officers to defer part of their compensation in accordance with said plan, said being subject to the approval of the Internal Revenue Service; WHEREAS, be it further Resolved that it was the intention of the City Council that the premiums paid by the City for such annuity contracts will not currently be considered as income paid to the employees and officers concerned. Thus, the City will own and have all rights under the said contracts and such contracts will not be held in any way as collateral security for the fulfilling of the obligations of the City but shall be held as general, unpledged, and unrestricted assets. BE IT FURTHER RESOLVED that the City has authorized the said plan with the bona fide intention and expectation that contributions will be made indefinitelv under the plan, however, the City shall not be under any obligation or liability to continue the contributions or maintain a plan for any given length of time. Dated: CITY COUNCIL CITY OF EAGAN BY: Beatta Blomquist, Its Mayor ATTEST: E. J. VanOverbeke, Its Clerk 2 Agenda Information Memo July 16, 1982 Page Six PROJECT 365 D. Project 365, Receive Petition/Order Feasibility Report (North - view Meadows 1st Addition - Trunk Utilities) -- Attached on page t'2%_ is a copy of a petition the City received from the developer requesting the City to prepare a feasibility report to extend trunk sanitary sewer and water main to provide utility service to the proposed Northview Meadows 1st Addition. This proposed plat has received a recommendation for preliminary plat approval from the Advisory Planning Commission and is being presented to the City Council under item C of New Business. The developer is agreeing to accept all costs associated with the preparation of this report, should the project not be ordered for installation. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and order the feasibility report for Project 365 (Northview Meadows 1st Addition - Trunk Utilities). C 0 PETITION LOCATION/SUBDIVISION Preliminary Plat on FOR CITY USE ONLY Petition N Date Received Presented to Council rthview Meadows, part of Parcel 10, I/we, the undersigned, owners of the real property adjacent to C.R. 30 at Wescott Hills Road (Street) or within the proposed plat Subdivision, hereby petition for: , Street improvements Sanitary Sewer X trunk Water Supply X trunk Storm Sewer (Check'requested items) Street Lights X C Other (Explain) X bituminous trail Note: See attached map for improvements requested by this petition I/we understand that this petition does not in itself request the installation of these improvements, but rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/we understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. If the requested improvements are denied for construction at the time of public hearing, I/we hereby guarantee payment for all costs incurred in the preparation of this feasibility report. of Land Owner Address of 1.B� Lexin,ton South, Inc_, Partner NE'r.'of NE'ti, 26-27-23 Its President— I/We hereby waive our rights to the public hearing and request that detail plans and specifications be prepared simultaneously and also guarantee their respective costs if the project is not awarded. LEXINGTON SOUTH ASSOCIATES Lexington South Associates By Lexington South, Inc., Partner c/o Sienna Corporation (Signature) 4940 Viking Drive, Suite 608 y` A Minneapolis, MN 55435 ( ignature) Its Pres' ent RE 72 .: L 1 5 1982 U Agenda Information Memo July 16, 1982 Page Seven PROJECT 364 E. Project 364, Receive Petition/Order Feasibility Report (Brittany Manor 4th Addition - Water Main) -- Enclosed on page /b is a copy of a petition requesting the City installation of trunk—water main through the proposed Brittany 4th Addition in conformance with the approved preliminary plat for the overall Brittany 1st Addition. The petitioner also has requested simultaneous prepara- tion of plans and specifications along with the feasibility report. As can be seen, all costs will be guaranteed if the project is not approved. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the preparation of a feasibility report along with plans and specifications for Project 364 for the installation of trunk water main within the Brittany Manor 4th Addition. /1- C C • • FOR CITY USE ONLY Petition # 3( q Date Received 7—/57—f,2 PETITION Presented to Council LOCATION/SUBDIVISION Brittanv 4th Addition I/we, the undersigned, owners of the real property adjacent to Street) or within Brittany 4th Addition hereby petition for: Subdivision, Street improvements _ Sanitary Sewer _ Water Supply X Storm Sewer Street Lights Other (Explain) (Check'requested items) I/vie understand that this petition does not in itself request the installation of these improvements, but rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/we understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. If the requested improvements are denied for construction at the time of public hearing, I/vie hereby guarantee payment for all costs incurred in the preparation of this feasibility report. Signature of Land 0; -,mer Address of 'Property I/We hereby waive our rights to the public hearing and request that detail plans and specifications be prepared simultaneously and also guarantee their respective costs if the project is not awarded. �)� �� �• Johnny Cake Ridge Road and �l -(Si �/�3 Sherwood Way - i (Signature) /S Agenda Information Memo July 16, 1982 Page Eight CONTRACT 81-12 F. Contract 81-12, Final Payment/Acceptance (O'Leary Lake Storm Sewer Outlet) -- The City has received a request for final payment for Contract 81-12 along with a recommendation for final acceptance from the consulting engineering firm. All final testing and in- spections have been performed with representatives from the public works maintenance division. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the fourth and final payment to Parrott Construction Company in the amount of $5,002.76 for Contract 81-12 and accept for perpetual maintenance. CONTRACT 81-3 G. Contract 81-3, Change Order #2, T.H. 55 Storm Sewer Outlet -- In order to acquire an easement for the installation of a force main for this project, it was agreed that the easement ditch would be regraded in accordance with the owner's specifications. This work was not anticipated at the time of project approval. Subse- quently, it had to be performed on a force account basis through a change order. Therefore, this change order reflects the actual cost incurred. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 81-3 in the amount of $3,534.50. /6 0 0 Agenda Information Memo July 16, 1982 Page Nine PUBLIC HEARINGS' PROJECT 297 A. Final Assessment Hearing, Project #297 (Blackhawk Lake Trunk Storm Sewer Outlet) -- On May 20, 1980, the public hearing was held to discuss the trunk storm sewer outlet from Blackhawk Lake down to the Cedar Industrial Park. Subsequently, this project was constructed under Contract 80-21 which was awarded to Lametti & Sons on April 21, 1981. This project has been essentially com- pleted and is in order for consideration of final assessments. The final assessment roll has been prepared in accordance with the rates quoted at the public hearing held on May 20, 1980. A final assessment hearing summary sheet is forwarded to the Council on page 11 . All notices have been sent to the affected proper- ties and�p`ubiished in the legal newspaper. As can be expected, the staff has received several complaints pertaining to no benefit received from this installation and its resulting assessments. Enclosed on page is a copy of a memo received from Mr. Leo Murphy requesting consideration for a deferment of this storm sewer assessment. The staff recommends that the following action be taken by the Council in response to one of the three following situations: I. Where a property owner has submitted a written notice of objection in preparation of further pursuing an assessment appeal through the legal system, the public hearing should be continued for that individual to a later date to allow the City staff to perform the necessary appraisals and to allow time to have the assessment roll adjusted to include cost of the appraisals. 2. For individuals who are submitting a request for deferment of their assessment and are not officially objecting to the assessment, the public hearing can be closed and the particular assessment approved and the request for deferment forwarded to the Special Assessment Committee for specific review and recommendation to be reviewed by .the Council at a later date. In any event, the assessment should be approved to allow consideration of its deferment. 3. For all other individuals, the public hearing can be closed and the final assessment roll approved with authorization for certification. As can be seen, there are 161 parcels included in this assessment hearing. It can be expected that there will be several property owners in attendance to object to the trunk storm sewer assessment. I7 0 Agenda Information Memo July 16, 1982 Page Ten ri ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing, approve the assessment roll and authorize staff to certify the roll to the County for collection for those parcels which have not submitted written objections. For those who have submitted written objections, the public hearing should be continued until a later date to allow further review and consideration by staff. is FINAL ASSESSMENT HEARING PROJECT NO: 297 SUBDIVISION/AREA: Blackhawk Lake Trunk Storm Sewer Outlet FINAL ASSESSMEENT HEARING: 7-20-82 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES SANITARY Area Laterals Service Ej Lat. Benefit/Trunk STORM 0.034/sq ft (R1) ® 0.0425/sq ft (multi)_ Area 0.051/sc ft (C/I). Laterals Area 13 Laterals Service Lat. Benefit/Trunk same STREETS same same Gravel Base EjSurfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 161 parcels NUMBER OF YEARS ASSESSED: 15 years RATE OF INTEREST: 12.5% TOTAL AMOUNT ASSESSED: $867,247.70 CONSTRUCTED UNDER TUE FOLLOWING CONTRACTS: 80-21 PUBLIC HEARING DATE: 5-20-80 19 FINAL F. R. RATES RATES 0 0 To: Mayor and City Co.uneiL From: Leo Murph3 Re: HPackhawk Lake Storm Sewer Aesesment While I wasa member of the Council the assesements. against time George Ohman Sr.. farm came before u.% for deferment. In discusaion between Councii and staff there wasE a concenqus tffi1C it would be to the city' advantage financ:LaUy to postpone the assesments un t:M the development prat came in for time property„ because of the inflation factor. Because of the unbelieable amount of the assesment I have no al- ternative but to. ask for a:. deferment until the property is_ developed. Your consideration in thas:matter will be appreiated.. Because of a meeting conflict I will not be able to attend the asses meat hearing and am. taking this.. means to convey my request. ECS 0 0 Agenda Information Memo July 16, 1982 Page Eleven PROJECT 307B B. Final Assessment Hearing, Project #307B (St. Francis Woods 2nd Addition - Streets) -- Enclosed on page J'L is a final assess- ment summary sheet for Project 307B. Thenal assessments are 8.8% less than those quoted at the time of the public hearing. All affected property owners have been notified of the final assess- ment figures and all required notifications have been placed in the legal newspaper. Staff does not anticipate any objections to this final assessment. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing for Project 307B (St. Francis Woods 2nd Addition - Streets), approve the final assessment roll to be spread over five years at 12.5% and authorize staff to certify the roll to the County for col- lection. 3.1 0 0 FINAL ASSESSMENT HEARING PROJECT NO: 307B SUBDIVISION/AREA:St. Francis Wood 2nd Addition - Streets FINAL ASSESSMEENT HEARING: July 20, 1982 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES QArea O Laterals 0 Service C3 Lat. Benefit/Trunk STORM 0 Area Laterals SANITARY Area Laterals Service Lat. Benefit/Trunk STREETS Gravel Base OSurfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 19 lots NUMBER OF YEARS ASSESSED: 5 years RATE OF INTEREST: 12.58 TOTAL AMOUNT ASSESSED: $50,842.69 CONSTRUCTED UNDER TUE FOLLOWING CONTRACTS: 81-8 PUBLIC HEARING DATE- 9-16-80 az FINAL F. R. RATES RATES $2,675.93/lot $2935/lot 0 Agenda Information Memo July 16, 1982 Page Twelve PROJECT 327B 0 C. Final Assessment Hearing, Project #327B (Killdeer Addition Streets) -- Enclosed on page —!_ is the final assessment summary sheet that shows the final assessments being 21.97 less than those quoted at the public hearing. All affected property owners have been noticed of the final assessment rates and the required notices published in the legal newspaper. Staff does not anticipate any objections to these final assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing for Project 327B (Killdeer Addition - Streets), approve the final assessment roll to be spread over five years at 12.57 interest and authorize staff to certify the roll to the County for col- lection. a3 FINAL ASSESSMENT HEARING PROJECT NO: 327B SUBDIVISION/AREA: Killdeer Addition (Joyce Addition) FINAL ASSESSMEENT HEARING: 7-20-82 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. Feasibility Report FINAL F.R. WATER RATES RATES Area Laterals Service Ej Lat. Benefit/Trunk STORM F1 Area ❑ Laterals SANITARY Area Laterals Service Lat. Benefit/Trunk FINAL F. R. RATES RATES STREETS Gravel Base $1,105.6.71ot R- 7=4 To3- ® Surfacing $2,211.28/lot(R-1) 2830/10t Res. Equiv. NUMBER OF PARCELS AFFECTED: 17 (8 R-1, 8 R-2) NUMBER OF YEARS ASSESSED: 5 years RATE OF INTEREST: 12.5% TOTAL AMOUNT ASSESSED: $26,535.34 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 81-8 PUBLIC HEARING DATE: 4-7-81 W, E Agenda Information Memo July 16, 1982 Page Thirteen PROJECT 328B 0 D. Final Assessment Hearing, Project #328B (Ches Mar East 4th Addition - Streets) -- Enclosed on page is a final assessment summary sheet for Council's information for tFiis referenced project. The final assessment rates are 26.9% less than those quoted at the public hearing. All affected property owners have been notified of the final assessment figures and all required notices have been published in the legal newspaper. The staff does not anticipate any objections to these final assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing for Project 328B (Ches Mar East 4th Addition - Streets), approve the final assessment roll to be spread over five years at 12.5% interest and authorize staff to certify the roll to the County for collection. as 0 FINAL ASSESSMENT HEARING PROJECT NO: 328B SUBDIVISION/AREA: Ches Mar East 4th Addition - Streets FINAL ASSESSMEENT NEARING: 7-20_82 RATE OF INTEREST: 12.5. TOTAL AMOUNT ASSESSED: $33,369.28 CONSTRUCTED UNDER TUE FOLLOWING CONTRACTS: 81-8 PUBLIC HEARING DATE: 4-7-81 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. FINAL F.R. WATER RATES RATES SANITARY RATES RATE! ❑ Area ❑ Area ❑ Laterals ❑ Laterals ❑ Service ❑ Service Lat. Benefit/Trunk Lat. Benefit/Trunk STORM STREETS ❑ Area ❑ Gravel Base Laterals X Surfacin g $1,191.76/lot $1630/loi ❑ Res. Equiv. NUMBER OF PARCELS AFFECTED: 28 NUMBER OF YEARS ASSESSED: S RATE OF INTEREST: 12.5. TOTAL AMOUNT ASSESSED: $33,369.28 CONSTRUCTED UNDER TUE FOLLOWING CONTRACTS: 81-8 PUBLIC HEARING DATE: 4-7-81 0 Agenda Information Memo July 16, 1982 Page Fourteen PROJECT 329B 0 E. Final Assessment Hearing, Project #329B (Cedar Cliff 2nd Addi- tion - Streets) -- Enclosed on pageis the final assessment summary sheet for the Council's inform . The final assessment rates are 1.4% less than those quoted at the time of the public hearing. All affected property owners have been notified of the final assessment figures and required notices have been published in the legal paper. Staff does not anticipate any objections to these final assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing for Project 329B (Cedar Cliff 2nd Addition - Streets), approve the final assessment roll to be spread over five years at 12.5% interest and authorize staff to certify the roll to the County for collection. a.-7 0 0 FINAL ASSESSMENT REARING PROJECT NO: 329E SUBDIVISION/AREA: Cedar Cliff 2nd Addition - Streets FINAL ASSESSMEENT HEARING: July 20, 1982 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES Area Laterals Service Lat. Benefit/Trunk STORM 0 Area nLaterals NUMBER OF PARCELS AFFECTED: 33 FINAL F. R. SANITARY RATES RATES Area n Laterals Service Lat. Benefit/Trunk ISTREETS Gravel Base ® Surfacing Res. Equiv. NUMBER OF YEARS ASSESSED: 5 Years RATE OF INTEREST: - 12.9% TOTAL AMOUNT ASSESSED: $58,626.48 CONSTRUCTED UNDER TUE FOLLOWING CONTRACTS: 81-8 PUBLIC HEARING DATE: 3-17-81 $1,776.56/lot $1802/lot E Agenda Information Memo July 16, 1982 Page Fifteen 0 PARATRANSIT COMMITTEE REPORT A. Paratransit Committee Report -- On June 23, 1982, the final report for the paratransit demonstration study that was prepared for the Joint Paratransit Committee Metropolitan Council by the Cambridge Systematics, Inc., Bennett, Ringrose, Wolsfeld, Jarvis, Gardner, Inc., and the Metropolitan Transit Commission was presented to staff representatives of the Cities of Apple Valley, Burnsville, Eagan, Lakeville, Rosemount and Savage and representative of Dakota County at the Eagan City Hall. It was the recommendation of the staff persons present that the report be adopted by the Joint Para - transit Committee and that following adoption of the report a recom- mendation be made by that committee to the respective City Councils as to whether to proceed any further with the paratransit study or program for this part of the County or a recommendation not to proceed with a joint paratransit operation. The paratransit committee did meet on June 23, 1982 and did adopt the paratransit demonstration study final report. A follow up meeting was then held on July 7, 1982 and the paratransit committee members Betty Schaumburg and Ed Brunkhorst will be present at the City Council meeting to review the recommendation and findings of the committee with the City Council. Each member of the City Council was provided a copy of the report with a special mailing on Monday, July 12, 1982. If anyone has misplaced the report and would like an addi- tional copy, please contact the City Administrator's office. ACTION TO BE CONSIDERED ON THIS ITEM: mendation of the joint paratransit advisement the recommendation of the garding paratransit. a9 To approve or deny the recom- study committee or take under Eagan committee members re - 0 0 Agenda Information Memo July 16, 1982 Page Sixteen KINGSWOOD ADDITION/PAYMENT OF LATERAL BENEFIT B. Kingswood Addition/Payment of Lateral Benefit from Trunk Utili- ties -- At the July 6 Council meeting, the Council had some ques- tions pertaining to the location of the trunk water main in rela- tionship to the Kingswood subdivision. The Council had indicated that they did not have adequate information to continue further consideration of this item. Enclosed on pages 31� through _ are copies of the special assessment committee minutes per- taining to this item, the feasibility report for Project 131, and the background information as submitted to the special assessment committee for their consideration. If there is any other additional information that a Councilmember may need, please contact staff prior to the meeting on Tuesday night so that it can be provided. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or revise the Special Assessment Committee's recommendation for the determination of lateral benefit from trunk water main for the Kingswood Addition and require the developer to accept this financial responsibility as a condition of obtaining a water connection permit for 3850 Coronation Road. 30 1SassedAwr I O&Me, Ada ap Yac. 2335 W. 414"w,6 d`Y"""Y 36 S1. P44, Miotaedola 551!3 )Awmr 6364600 ewraddlli«q i.Kginee�is Otto G. Bow"iron. P.E. Robsrt W. Roaane. P.E. Joseph C. Anderlik. P.E. Bradford A. Lemberg, P.E. Robert P. Frigm,d. P.E. Richard E. Turner, P.E. P 4-ig-73 Jamn C. Olson. P.E. Preliminary Report on F. Fd".. P.E. /.awrenre Glenn R. Cook, P.E. Trunk Water Main Extension Keith A. Gordon, P.E. King's Wood Addition Eagan, Minnesota 55122 Charier A. Erickson. August 21 1973 Richard W. Fater g a rhomos E. Nay" —41 Rnbrrt G. Schunicht SCOPE: This report covers the construction of a short section of trunk water main within the King's Wood Addition in Eagan. FEASIBILITY AND RECOMMENDATIONS: This project is feasible and is in accordance with the Master Water System Plan of the Village of Eagan. This project can best be carried out by combining it with another water main project for bidding purposes. DISCUSSION: One of the residents of King's Wood Addition has requested municipal water service. At the present time he is being served by a small private system which does not provide fire protection. A 16" diameter water trunk is in place on County Road 31 adjacent to this ad- dition. To serve the property requested will require approximately 430 feet of trunk water main which will also serve as a lateral for the property abutting King's Wood Road. This main must be 10" diameter to provide a trunk which will be looped through the property west to serve proposed medium density and apartment developments in the future. An existing 6" main is in place on Coronation Road with 2 fire hydrants. It is proposed that the new trunk be connected to this line with a short section of pipe and a valve. The valve would normally be closed but if fire protection were required, it could be opened and provide fire flow for both of the present homes in this addition. Lateral benefit from trunk would be charged to all benefitting properties when they connect to the municipal system. At present, however, the property south of King's Wood Drive is an outlot with the eventual subdividing not known. It would not be practical to provide services to this property at this time. On the north side of the street, one vacant lot exists east of Coronation Road and the property owner requesting the service lies west of Coronation Road. If desired by the Council, the assessments levied at this time could include only the lot now requesting service and those effecting the balance of the Addi- tion levied when service is received for any other lot. AREA TO BE INCLUDED: 1 All property in King's Wood Addition lying in the E�, NE'y, NE'k, Sec. 21, J T27N, R23W. Page 1. 7) PROJECT COST: ' The following.cost estimate includes construction, engineering, legal and administrative costs. 10" Ductile Iron Pipe - - - - - - - - - - - $3,440. 6" Ductile Iron Pipe - - - - - - - - - - - 150. 3 Gate Valves - - - - - - - - - - - - -- 700. Fittings - - - - - - - - - - - - - - -- 500. Water Service ------- - - - - -- 120. Cutting into lines - - - - - - - - - - - 1,200. Street Repairs - - - - - - - - - - - - - 1,000. Move -In costs - - - - - - - - - - - -- 900. 8,010. Miscellaneous indirect costs - - - - - - 1.590. Total Estimated Cost -------- $9,600. ASSESSMENTS; Assessments are proposed to be levied against benefitted property in accor- dance with current Village policy. Lateral benefit from trunk will be charged where applicable. All house service costs will be assessed at 100% of cost. Current Village rates are as follows: Lateral Benefit from Water Trunk --Single Family $5.75/ft. Lateral Benefit from Water Trunk--Multi-Family $6.50/ft. Trunk Water Main Oversize Charge $315/acre Water Supply and Storage $130/single family Water Service, estimated at $150/single family I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Robert W. Rosene Date: August 21, 1973 Reg.No. 3488 Page 2. 3� 3 :OND ST, 7 )57.3'. \38.3'< \ j 4 X3.0 ` -7,4.4' 1 Iv s J 1 .0' ROW 9 l 5 I � MAIC." -i LINE - SEE RlGriT LA 10 ?L�!:; Scale: f=100'Horz., 1"-10' Vert. MATCH Life - SEE LEFT Z a 00 50' ROW t x I IG vV 8 BOXY 10 0 W sI 1 C� TEEY E YD. 8 �J N 5 L, O I, CUT INTO /! _' 36.0'�� >� PLUG AT CUT INTO TEE /0' I I `�3� t•' �� FAV 8 BOX 6 GV- & BOX ICS X 6 TEE -...'1 ECS ROW Ov.TLOT 3 10 GV d E30 ; LCWER W.M. BELOW CULVERT � I -- KI NGS S WOOD RD. TRUNK WATER ................................................. ............... ....._ .............................. ._ STREET JOHNNY CAKE i TE ADST ST.O SRD ST.URTH SRTH C OAK CHASE LA OAK CHASE WA KING'S WOOD R CLIFF ROAD WILDERNESS S • Assessment Minutes • • - June 14, 1982 - I JAMS AND ARVELLA HORNE - PROJECTS #131 d, 824 - MGsw00D ADDITION Mr. and Mrs. James Horne appeared relative to their request that a por- tion of the assessments proposed by the staff for Kingswood Addition be re- scinded as recommended by the staff. Tom Colbert reviewed the proposal and indicated that Kingswood Addition was platted providing for Lots 1 through 11, and Outlots 1, 2, and 3 in 1963. Mr. Horne installed a private well and internal 6 inch water lateral system in Kingswood Road north to Outlot 2, in approximately 1964. In the Fall of 1973, Lot 11 requested water service from the City rather than the developer's private water supply, Lot 11 being the only lot with an additional homestead, other than the Hornes. Under Project 8131, approximately 335 feet of 10 inch water main was constructed within Kingswood Road connecting to the existing 16 inch trunk water main on Pilot Knob Road which was constructed under Project 024 in 1968. As a part of Project #131, Lot 11 was assessed 120 linear feet in accordance with the 'Feasibility Report. On approximately March 17, 1982 the well located within Outlot 2, providing water service to Lots 3 through 10 was no longer operable and one existing house located in Lot 7, owned by Mr. Horne was in need of 1 water service. He requested the City open the gate valve at the north end of ,/I Coronation Road to allow access to the City water supply. Although all lots in Kingswood Addition have been assessed for trunk sanitary sewer and water area assessments, they have not been assessed Cor the Pro - lateral benefit to receive the 16 inch water trunk main installed under Pro- ject 024 in Pilot Knob Road or for the 10 inch water trunk main installed under Project 0131 located within Kingswood Road. The staff therefore recom- mends that a spread of assessments covering the benefit to Lots l and 2, from Pilot Knob Road and Lots 3, 4, 5, 6, 7, 8, 9, and 10 on a shared assessment based upon benefits received therefrom and Outlot 3 being assessed for 240 feet of linear feet assessment along Pilot Knob Road. It was noted that Lot 11 had been assessed under Project 0131. Mr. Horne stated that he felt that the City should not be assessing Outlot 3, both along Pilot Knob Road and Kingswood Drive. Mr. Colbert indicated that the assessment is not on Outlot 3, on Kingswood Drive, but rather the benefits received for the other lots on Coronation Road. The staff recommended that of the 933 feet frontage on Pilot Knob Road, only 440 feet be asssesed. Mr. Horne objected to the assessment of Lots 1 and 2 on Pilot Knob Road, indicating t -hat eventually he expected a lateral running westerly from the Coronation Road lateral. He further stated there was a verbal agreement in 1973 with the Council that the 240 feet on Pilot Knob Road, that no assessments along Pilot Knob Road would be asessed against Outlot 3. The staff researched the issue and could find no evidence of such an agreement. Mr. Colbert indicated that the credit on Pilot Knob Road against Outlot 3 should be 150 feet with 165 foot rather than 240 foot assessment. After considerable discussion, Egan moved, Blomquist seconded the motion to recommend to the Council approval of the staff recommendation on the basis of the current policy and noting that there appeared to be sufficient benefit against the Lots proposed to be assessed and further, that there did not appear to be an agreement as alleged by Mr. Horne, in 1973. All voted in favor except Vogt who voted no. 34 M 0 III. NEW BUSINESS A. Project 131 and 24, Lateral Benefit from Trunk Water Main - -- Drirl. t.nn (.1.m Nrmcl BACKGROUND INFORMATION The attached map shows the layout of water main that services the King's Wood Addition located west of Pilot Knob Road and just south of the City Hall. In approximately 1963, the King's 4.bod Addition was platted providing for lots 1-11, Outlots 1, 2 and 3. In the fall of 1963 and 1964, the developer; Mr. James B. Horne, constructed a private well and an internal 6" water lateral system from King's Wood Road north to Outlot 2 (location of well). This installation was perfozmed by the developer and all costs were assumed by him. In the fall of 1973, Int 11 requested water service from the City rather than from the devel- oper's private water supply. Subsequently, under Project 131, approximately 335' of 10" trunk water main was constructed within King's Wood Road connecting to the existing 16" trunk water main on Pilot Knob Road which was constructed under Project 24 in 1968. As a part of Project 131, Lot 11 was assessed 120 if in accordance with the feasibility report as discussed at the public hearing held on September 18, 1973. On approximately March 17, 1982, the well located within Outlot 2 providing water service to Lots 3-10 was no longer operable. Subsequently, the one existing house located on lot 7 owned by Mr. Horne was in need of immediate water service. Mr. Horne requested the City to open the gate valve at the north end of the Coronation Road cul-de-sac to allow access to the City water supply. While all lots within the King's Wood Addition have been assessed for trunk san- itary sewer and water area assessments, they have not yet been assessed for the lateral benefit received from the 16" trunk water main installed under Project 24 located within Pilot Knob Road or for the 10" trunk water main installed under Project 131 located within King's Wood Road with the exception of the previously referenced Lot 11. -vim-- •a v i i� �• • Staff feels that it is appropriate that these lots now assume their financial re- sponsibility for benefit received from the existing trunk water mains which pro- vide City water to this subdivision now that the private water supply system is no longer in operation. Based on existing City special assessment policy pertain- ing to lateral benefit from trunk water mains, the following table calculates the lateral benefit from tank water main and a reoonmsuded spread for each lot with- in this subdivision that receives benefit: (See next page for table) 3S� 0 CITY OF EAGAN SPECIAL ASSESSMENT COMMITTEE MEETING - KING'S WOOD ADDITION JUNE 14, 1982 PAGE TM IATERAL BENEFIT FROM TRUNK WATER MAIN - KING'S WOOD ADDI'''ICN f Lot 1 100 LF frcm P.K. Rd. @ $15.00/LF i s0 Cw v1., C' 4; _ $ 1,500.00 Lot 2 100 IF frau P.K. Rd. @ $15.00/LF = 1,500.00 Lot 3) $580.99 Lot 4) to share equally in 309.86 LF of lateral 580.99 Lot 5) benefit from 10" trunk on King's Wood Rd. .. .580.99 Lot 6) 309.86 IF @ $15.00/LF = $4,647.90 : 8 lots 580.99 Lot 7) _ $580.99/lot 580.99 Lot 8) 580.99 Lot 9) 580.99 Lot 10) 580.99 = 4,647.90 Lot 11 Already assessed $690 under Proj. #131 (5-4-74) y O.L. 3 x6-<240" LF for P.K. Rd. @ $15.00/1F = egg gq. TOTAL KING'S WOOD ADDITION LATERAL BENEFIT RESP. PER 1982 RATES $11_1 - /0 12A-9 NOTE: These are single family rates. Multiple family or c xn ercial/industrial rates wi 1 be applicable subsequent to any rezoning that changes the present R-1 classifi- cation. 9his table is calculated fmn the existing 1982 rates for lateral benefit from trunk water main. If the developer prefers, the City would be agreeable to allowing these assessments to be spread against the affected lots over a 10 -year period at an annual interest rate of 10% on any remaining unpaid balance. In addition, if the developer wishes to defer these assessments, the staff is request- ing that he sign the attached form waiving his rights to a hearing and requesting that the assessments be deferred until the time of actual connection for each re- spective lot with the understanding that the assessment for each deferred lot would be calculated on the lateral benefit from trunk water main rate in effect at the time of connection in accordance with the then existing zoning. In summary, the staff is reommending that Mr. Horne be required to take out the necessary water connection permit, pay the associated water connection fees, in- stall a 6" gate valve within Outlot 2 adjacent to the well and physically discon- nect the old water supply system and either pay $11,247.90 in lateral benefit from trunk water main assessments as a lump sun or spread over a 10 -year period at an interest rate of 100 on any remaining unpaid balance or sign the "Consent to Pro- posed Assessments" agreement form, and pay the staff calculated water usage fees from March 17, 1982 to the date of the water connection permit. Although Mr. Horne has been using City water since March 17, 1982, he has not yet obtained a water connection permit nor installed the required water meter to mea- sure the flow volumes being used. / CCMME[1i5 lNe��� T^ n eAa��_ti,� e .�.1/.�.-w� -1 ` f i s0 Cw v1., C' 4; Lor W. 1'N' y r S 0 0 o I Abp i -r' t o � a I ' ; I hereby certify th.lt this f a.. reportwas prepared by m Q F w q•j E R /Y` A� N 5 supervfsionandthatlama itect under the laws of Ili,, n - n UT 101 '',%'I %� a OUT�oT2 'GOROMATIOM_ROAD . co .� �• WELL *114 r - SAO, -a' ML1 �. I. . 1. ` ,"i1Y DIRAtJT C+gTG- .'••• Y Perri OY V .\ ' TO 13E �FOV1C Wu,KH YAC° " • ,' , O �E t.1Nt Is Ek TCI+b[D) Q39I1j Sad, 104MDJH . Y vi '•r 1 .. -. .' fNhl IV QY'Li rw�j .�• r" r ou-ruoT •.. �. �ioeiii0�oo��oior ®s0i®iso.0ooa®oe�.�iiissoo�®sooio,.p�� 41 A -re t m ly.. r � — 1 - 1>kW. b. 60. Ko. 31 .' .(PILOT V–N0 13 ft0 I ' ; I hereby certify th.lt this f a.. reportwas prepared by m Q F w q•j E R /Y` A� N 5 supervfsionandthatlama itect under the laws of Ili,, n - n LATERALS • • The cost of constructing water laterals will be re- covered by assessing abutting properties. When assessing for water laterals, the "front foot" method or the per lot method may be used. Assessments for water laterals are levied against all benefited properties in the area to be included at the same time, even if some properties do not connect at the time of assessment. The rate of assessment is based on actual project cost. This actual project cost is divided by: The total number of adjusted front feet in the project area, to calculate the per front foot rate; or The total number of assessable lots in the project area, to calculate the per lot rate. Lateral Benefits from a Water Trunk Where a trunk main serves as a lateral (providing service to abutting property), a lateral assessment or connection charge in lieu of assessment will be charged. The assessment for lateral benefit from a trunk will be levied at the time of connection. However, property ,= owners have the option to prepay this assessment at any time at the prevailing rate'even though the property owner does not desire to hook up at that time, pro- vided that the water or sewer main is directly accessible for lateral purposes at the time of assessment. 1 The lateral benefit rate is determined annually for all connections to be made that year and is based on current unit prices for the size of the lateral main which would I generally be required for lateral distribution if the trunk main was not installed. The cost of the service stub (from the main to the property line) will be in addition to the assessment for lateral benefit. _ CONSENT TO PROPOSED ASSESSMENTS IN CONSIDERATION of the postponement by the City of Eagan of the levy of the assessments for lateral benefit from trunk water main installed under Projects 24 and 131 serving the following property: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and Outlot 3, King's Wood, according to the plat thereof on file and of record in the Office of the Register of Titles, Dakota County, Minnesota. The undersigned, for themselves, their heirs, executors, administrators, Suc- cessors and assigns, hereby consent to the levy of assessments or the making of a supplemental connection charge in lieu of assessment at the time of connection of said property to said trunk lines or at any earlier time at the option of the under-''. signed, so long as said assessment or connection charge is made at the prevailing rate at the time of connection or such earlier time at the option of the undersigned. The undersigned, for themselves, their heirs, executors, administrators, success- ors and assigns, further hereby waive notice of any and all hearings necessary and waive obj -action to any technical defects in any proceedings related to any assessment Cor connection charges for City of Eagan Projects 24 and 131 for said improvements, and further waive the right to appeal from any assessments or supplemental connection charges made pursuant to this agreement as they may relate to these postponed assessments. The undersigned further states that they are the ownera of the property herein referenced and that they can sign this agreement without consent of any other person or any other person with an interest in the property consents to this agreement by signature at the end thereof. DATED: James B. Horne Arvella W. Home By APPROVED CITY OF EAGAN: ATTEST: ' l` Its Mayor - Its Clerk `` STATE OF MINNESOTA . COUNTY OF DAKOTA 99. On this day of 1982, before me a notary public in the above named County, appeared JAMES B. HORNE and ARVELLA W. HORNE, to me known personally to be the persons who executed the above document, and acknowledged that they executed the same as their free act and deed. Notary, Public STATE OF MINNESOTA l COUNTY OF DAKOTA On this day of 1982, before me a notary public in the ( above named County, appeared BEATTA BLOfIQUIST and, EUGENE VanOVERBEKE, the Mayor and City Clerk of the City of Eagan, the municipality named in the foregoing Instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said isntrument to be the free act and deed of said municipality. 39. y Notary Public 0 0 Agenda Information Memo July 16, 1982 Page Seventeen DAKOTA COUNTY - JAIL FACILITY C. Dakota County to Amend the PD & for a Preliminary Plat, Dakota County Plat #1, in the Mission Hills Planned Development -- A public hearing was held by the APC at their last regular meeting held on June 22, 1982 to consider an amendment to the Planned Development agreement between the City of Eagan and Mission Hills South Planned Development and for a preliminary plat, Dakota County Plat #1. Action was taken by the APC to recommend approval of both the amend- ment and preliminary plat applications. For additional information and action on this item, refer to the City Planner's report, a copy of which is enclosed on pages s�}}.� through _ Mr. Ken Harrington, a Planner for Dakota ounty, is requesting a waiver of the platting and zoning fees which amount to $250 for the new courthouse facility. The waiver of fee was not an issue to be addressed by the Advisory Planning Commission and therefore is before the City Council for consideration. Also enclosed for your information is a copy of the APC minutes found on pages SO - S1• ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the APC to approve the amendment to the Mission Hills Planned Development and the preliminary plat for Dakota County Plat #1. Action also to be considered is to approve or deny the waiver of platting and zoning fees. L Q 11 CITY OF EAGAN SUBJECT: pMENDmEw APPLICANT:. 0 ff7* LOCATION: PART OF THE NE44 OF THE NF'r, OF SECTION 31 SOUTH OF CLIFF ROAD AND WEST OF PROPOSED RAHN ROAD EXISTING ZONING: LB (I,IIIITEp BUSINESS) UNDER A PLANNED DEVELOPM DATE OF PUBLIC HEARING: JUNE 22, 1982 DATE OF REPORT REPORTED BY APPLICATION SUBMITTED JUNE 16, 1982 DALE C. RUNRQ,E, CITY PLANNER The first application submitted is a request to amend the Mission Hills South Plan- ned Development to allow a courthouse facility as a permitted use within the Limit- ed Business portion of the Mission Hills South Planned Development. The second application submitted is a request for preliminary plat approval, Dakota County Plat #1, which consists of approximately 11.30 acres and will contain one lot. ZONING AND LAND USE Presently, the parcel is zoned LB (Limited Business) under a planned development. The Eagan Land Use Guide also designates this area as LB (Limited Business) for this Particular parcel. The Limited Busines states municipal buildings or insti- tutional uses such as libraries, swimaning pool, church, public schools, religious centers are a permitted use in a Limited Business District. A clarification is needed that a court facility is a permitted use in a Limited Business District. Amending the planned development to allow a courthouse facility will, in fact, allow this as a permitted use within the Limited Business District. e0 i20 It is the City's understanding that Dakota County has an option to purchase 11 acres of the Mission Hills South Planned Development in which to construct a courthouse facility for northern Dakota County. It is staff's understanding that the Countyis only proposing to construct a 13,000 square feet for a courthouse facility at this time. The site plan shoos 32,000 square feet additional space which could be added on to this facility at a later time. The total square foot- age of the entire facility would be 43,000 square feet when the parcel is fully developed. As stated earlier, the parcel contains 11.30 acres of which 1.78 acres would be taken up in street right-of-way leaving a net acreage of 9.52 adkes. The total 41 0 CITY OF EAGAN DAKOPA COUNTY PLAT #1 JUNE 22, 1982 PAGE TWO 0 facility as proposed would only cover 10% of the lot. The proposed parking area also has been shown for the entire facility. Staff has calculated that the facili- ty would generate approximately 240 parking spaces for the 43,000 square feet. The first phase, or 13,000 square feet, would require 70 parking spaces to be installed at this time. In reviewing the site plan, Dakota County has met all setback requirements and all other ordinance requirements in regard to Parking, setbacks, lot coverage, etc. The County is proposing to provide access to the court facility from the southern side of the lot. This means Rahn Road extension and the east -west street would have to be constructed with the first phase in order to provide access to this facility. At the present time, the County is only proposing half rights-of-way for Rahn Road extension and the east -west street. Staff is requesting that prior to final plat approval, that either the full rights-of-way be dedicated for Rahn Road and the proposed east -west street, or easements be provided for the other half of the two roads in order that four rights-of-way can be obtained by the City prior to construction of Rahn Road and the east -Test street. If the preliminary plat is approved, it should be subject to the following conditions: 1. The plat be subject to the Dakota County Plat Comnission's review and comments because it abuts a County road. 2. A development agreement shall be conpleted prior to the final plat. 3. A detailed landscape plan shall be required and reviewed prior to the sub- mission of the final plat. DCR/jach ENGINEERING RECQMMEADATICNS 4. The southerly extension of Rahn Road and the public street along the southern boundary must be ordered for improvement by Council action prior to final plat approval. 5. Sufficient right-of-way to incorporate the public street construction referenc- ed above must be acquired prior to or dedicated as a part of the final plat. 6. The internal storm water pond must incorporate a ponding easement of sufficient area and capacity to provide 4.5 acre feet of storage capacity at a controlled outlet elevation of 906.2 and a maximum 100 -year flood elevation of 914.0. 7. A detailed grading and drainage plan must be approved by staff prior to final plat application. 8. All necessary drainage and utility easements must be dedicated as a part of the final plat. 9. This development shall accept its financial responsibility for trunk area storm sewer assessments and lateral benefit from trunk water main as de- termined by the rates in effect at the time of the final plat. 4k 0 0 TO: THE ADVISORY PLANNING COMMISSION, C/O DALE C. FUtME, CITY PLANNER FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: JUNE 17, 1982 RE: PRELIMINARY PLAT - DAKOTA COUNTY PLAT #1 The Public Works Department has the following comments to offer for consider- ation of the above -referenced plat: UTILITIES Sanitary sewer of sufficient size, capacity and depth to handle this pro-- posed ro-posed facility was constructed under Project 254 (Contract 79-17) along the east property line (southerly extension of Rahn Road). Water main of sufficient pressure and capacity was constructed under Project 127 in 1973 and is located along the north side of Cliff Road. Access to this proposed facility would be by way of a southerly extension of Rahn Road south of Cliff Road to the southeast corner of this proposed plat. This street would then continue west along the south property line. Both streets require additional right-of-way dedication frau the adjacent proper- ties on the east and south to allow their construction. No access is anti- cipated to be obtained directly from Cliff Road (County Road 32). GRADING/DRAINAGE All surface drainage from this proposed plat is directed into the internal pond in the approximate center of this plat. A gravity storm sewer outlet fran this pond will have to be constructed north to Cliff Road and then east to the storm sewer system presently being constructed under Contract 81-1 at the future interchange of 35E with Cliff Road. Internal storm sewer laterals and catch basins draining the parking lot in the southerly street will have to be installed with ultimate discharg= ing to this internal pond. RIGHTS-OF-WAY AND EASEMENTS A 50' half right-of-way will be dedicated for Cliff Road as a part of this plat. In addition, the full 80' right-of-way will have to be acquired for the southerly extension of Rahn Road together with a full 60' right-of-way for the westerly extension of the street along the south property line. This proposed plat only indicates a 40' and 30' half right-of-wav respective- ly. The additional rights-of-way will have to be obtained as a condition of final plat approval to allow the construction of the required public streets. A storm water ponding easement will have to be dedicated incorporating the pond located in the center of this proposed plat. The easement will have to 43 0 0 Ehgineering Report Dakota County Plat #1 Jame 22, 1982 Page two incorporate an elevation that will ultimately provide 4.5 acre feet of storage capacity above the future outlet controlled elevation of 906.2. All other standard drainage and utility easements will be required adja- cent to public rights -of -Dray and ommon property lines in addition to those incorporating internal utility distributions. ASSESSMENTS This property has not yet paid its trunk area storm sewer related assess- ments in addition to the lateral benefit from trunk water main that was installed along Cliff Road. In accordance with 1982 rates, these addi- tional liabilities amount to $24,045.00 and $14,040.00 respectively. In addition, this property will have to bear its fair share of assess- ments related to the southerly extension of Rahn Road and its westerly extension across the southern boundary. Costs for these improvements will be defined as a part of the feasibility report at a future date. I will be available to discuss in further detail the information contain- ed in this report at the Planning Commission meeting of June 22, 1982. Respectf submitted, i Thomas A. Colbert, P.E. Director of Public Works TAC/jack 44 �b 4v ' 4bS NO . NV,- ' LEGEND PONDING AREAS . . . .. . . . .. . . STORM SEWERS (existing) . .. . . . . . STORM SEWERS (Proposed) . . . . . . . . — — — — — -- STORM LIFT STATION (e sling) . . . . . . W STORM LIFT STATION (Plops»d) . . . . . . O STORM FORCE MAIN. . . . . . . . . . . +++++ "JOR DIVISIONS . . . . .. . . . . . NORMAL WATER LEVEL . . .. . . . . . 900.0 POND NIGH WATER LEVEL . .. . . . . . 9000 OVERLAND DRAINAGE ROUTE 45 SP � .'';.�' —ss ss. : y ss� . •e. ^' SS 59 .. .•..• I�j,,/YKlw�ee ` m 2•i ]— ?'� T 3' w i_i_i? H! GF!;a: y N{) ! r ..as:►M5�_ w w w . ( - F +r Ar sq •9- 6Vrro[uruYlxouf '.700.09A It A. n. 'WR.W CIY 14:.cenyLcb12r.R23 COUNTY TE—AID 1HIGH0.`:,' X32 4F 0 910 MAL T Yf ' 3m KS ;+YaRlr'L�ff• CK ynEE •cx .r Yx�...1.,, I t- rOAKa fRLa IE•CA M ypyp / 88Est 920- 7. ty r�LLYr w POND 1 � 9144 :k -.,�•. i y:_ - � i,: m C Ix Ms lOELIYER, 2.n •'moi: , O i.o -L•ARY SVLR Lxn K 9 Ch RS f3! X ' >< tC2•I'EWs iri/Y. E Y MAKE Y / y ER URKING ELYa FR.YL LlY_A. 2 ' L u ROY9L .2 IL, Y I.. oi E IR y -la LYa tiirr n 913* Yi �' y 9- CLFR ML Ac W ELM s. o t' 4v 7R✓�,t� Q 9A Kms/ . ..u•� x . I •2 0 0 r r. ll PROPOSED PLAT DAKOTA COUNTY PLAT I I 7- •)q, 7 �!i/�/ -`� - -_•- MENDOTA � .: -. . .. =a_..=- �----Ri=o_;-- _____-J'.';... .,.;;. '�- :..:. �•. RB GE .meq 11T�Fmibf VIZ r • 6 _ .�� ,,5, ; o null 1 _ ��Y.'�-++�•. S":!.�.: J o l.j • — � -t /�/ \ .r/ f's SRI.. .`FJ t'� 1 C�.y:- •_•. ` _ _ _' .�•'�. _:'"�'4.r'•m+ .ry •_ .Ind .o..c ._ ..r.--•... JOB • - - - 'r.�� If-�1:= :_.�:.-ems..•:. •�- ���• - �� ��: Mali p�. / ��•, Ind. - • _ 7 Rill - 1� R-11 - o ISI P • I R-111 ice'_' Q� -.;•,; ;•_ — • _ `• — •,f Ind ..J NB • LB�� R-11 o R % II 2 b % R-11 ..�.. 1. :aeu (/�' LB _ - • - -!-' CSC. P j • .ow., .� +��,, .,' R-11 i <r —fir U R LB ` r�^�,� � /..G• I V, �\�F+n ric ``�.e, f` :I, ;,I � �� a 1% /i R Rill '` m.^•h d,;ao:o.. R -I - _I:... ar'� L .. ..r1. yR'� •ti .•. _ - .�•,- +a, -y1. R IIS_ RRR O Av ••'� , R•III w.u. ,{a• ...:�,�.:..�;. �i. � CITY �� dl y: aC 'b- HALL Ind '.� � s r) � <. �� t,r.•" � � FFI --- R- �' Ci H et•� /- R -IV -i ;�, �.i rG'_ .R-�I 'S. 09 R-1 RIZ I R -III W. , R'11 R -II _ •— LB-; N Ei . ,aA t � N t� ' ;RI-'�.r RB RIII a r � R 111 R -III i.�!' �•It .... � y CSCIGB/LB all r, � a �� R -III I /s � ii rl .. i � Y ! L ��,,~ ylFr.�(,. jn''� 4:. ~ i � •-_�•��eJ1ii:w ! �I.r r. tir Ir^•- p 2' Ral i R II \. ...yF����,++• •..• R-11 R-11RI P`� i •F t tTrr ®� ,mss. �`� � a... L I t:q+•.•. .w LB R -III LB '�B IR -I � �...:y CSC z T - L�, ^LB �% �R-I I�f� b RI m.,., R_ I, R Ir R -II S UViG�IL.LF cvuln < ' P I (.ter R -II ) :i�j��i+ t /•IIR 5 .`.•I —_ •'da. ...� "� '%rl v R-IR-11 _'!•✓'t`a +Zi•P•TYp RII R/II+ �ueu.tewnnL( n (1,�- 1a - 'n �•d .dam o,ii —_ ilf 1• Q ../Li G P ;-f? �a wror r r �µ r•"+I: - �p 03 07 . APPLE •f%/ VALLEY �;GROSEMOUNe- APC Minutes June 22, 1982 0 0 DAKOTA COUNTY PLAT #1 - MISSION HILLS SOUTH The Chairman convened the public hearing regarding the application of Dakota County for an amendment to Mission Hills South Planned Development to allow a courthouse facility use within a Limited Business portion of Mission Hills South Planned Development and an application for preliminary plat approval of Dakota County Plat 111 consisting of 11.3 acres with one lot. Jeff Connel, Dakota County Planner, and Jim Baxter from the Dakota County Attorney's office appeared on behalf of the applicant. Mr. Connel indicated there would be 180 parking spaces with a maximum of 320 when fully developed. The Rahn Road extension would require an additional 40 feet on the east side and he indicated that the County is attempting to acquire the additional right of way. There were no objections to the application. Mr. Connel explained in detail the proposal indicating that an option has now been signed with the owners of the property and that the County is proposing to build a 13,000 square foot courthouse facility at the present time. An additional 32,000 square feet is proposed for the future with only court facilities at the present time. Member Wilkins suggested that the road plan in Mission Hills should be reconsidered and suggested parking on the north side of the building with direct access to Cliff Road to avoid excessive flow of traffic from Vienna Woods to the intersection of Rahn and Cliff Road. Mr. Connel stated the County Board and Highway Department both recommended access at Rahn only rather than an additional access to Cliff Road. It was noted that an amend- ment to the Planned Development will be necessary to clarify the permitted use. After discussion, Krob moved, Hall seconded the motion to recommend approval of the application, subject to the following conditions: 1. The plat shall be subject to the Dakota County Plat Commission's review and comments because it abuts a County road. 2. A development agreement shall be completed prior to the final plat. 3. A detailed landscape plan shall be required and reviewed prior to he submission of the final plat. 4. The southerly extension of Rahn Road and the public street along the southern boundary shall be ordered for improvement by Council action prior to final plat approval. 5. Sufficient right-of-way to incorporate the public street construc- tion referenced above must be acquired prior to or dedicated as a part of the final plat. 6. The internal storm water pond shall incorporate a ponding easement of sufficient area and capacity to provide 4.5 acre feet of storage capacity at a controlled outlet elevation of 906.2 and a maximum 100 -year flood eleva- tion of 914.0. 7. A detailed grading and drainage plan shall be approved by staff prior to final 'plat application. SO 7 0 0 APC Minutes June 22, 1982 8. All necessary drainage and utility easements shall be dedicated as a part of the final plat. 9. This development shall accept its financial responsibility for trunk area storm sewer assessments and lateral benefit from trunk water main as determined by the rates in effect at the time of the final plat. All voted in favor except Wilkins who voted no, indicating that she felt the parking and traffic should be reoriented because of the fact that Rahn and Cliff would not be signalized at the present time and excess traffic could result. 0 0 Agenda Information Memo July 16, 1982 Page Eighteen REZONING - FEDERAL LAND COMPANY D. Federal Land Company for Rezoning from R-4, LB and CSC to PD -- A public hearing was held before the APC at the May 25, 1982 regular meeting, and due to a lengthy discussion and request for information, the public hearing was continued until the June 22, 1982 APC meeting. The public hearing was held to consider a re- zoning request, an application submitted by Federal Land Company to rezone approximately a 100 acre area from Community Shopping Center, Limited Business, General Business and Multiple Residential to Planned Development. The Advisory Planning Commission is recom- mending approval of the rezoning application to the City Council. The City Council gave consideration to the recommendation of the APC and the application at the July 6, 1982 meeting. There were several questions raised by persons in the audience and the City Council regarding the proposed development. Many of the questions related to the history of park land and the plans for storm water drainage. The various questions and issues that were raised by these persons were outlined by the City Administrator for research by the Administrative Intern and support staff: 1. Reference and files to determine if there was ever a presen- tation by Jerry Minea suggesting a Williamsburg motif type development for that 100 acre site. 2. Research the minutes to determine whether the City ever accepted, reviewed or considered park land dedication of ten acres west of Lexington and south of Yankee Doodle Road in the 100 acre site for a ball diamond, which met the 10% dedication factor. 3. Check with the Director of Parks & Recreation regarding official action to dedicate a ten foot trail and preservation of three acres of property around the pond north of Duckwood Trail apartment complex and south boundary as a part of the 100 acre development. 4. Check with Tom Colbert regarding storm water; and according to the storm water master plan, are the ponding areas ade- quate to handle the amount of surface water run off for the 100 acre site without any impact on the O'Neill property north of Yankee Doodle Road? A person in the audience claimed there will be enough storm water run off that an additional twenty acres of land might be required on the O'Neill property north of the subject parcel. sa 9 0 Agenda Information Memo July 16, 1982 Page Nineteen 5. How much park land is the City sacrificing if the 100 acre development goes as a planned development? 6. The City Council would like the City Planner and developer to tighten the details and define the proposed uses for the limited business and R-4 proposals within the planned development. These questions have been coordinated by Administrative Intern Witt with the assistance of the City Planner, Director of Public Works and Director of Parks & Recreation. Enclosed on pages through (6,+ is a memo from Administrative Intern Witt to t e City Administrator which addresses a number of these issues and found on pages (0s, through 6(0 is a memorandum regarding action taken by the—tcvisory Park-s-T--Tecreation Committee on the Federal Land Company/Eagan Heights proposal. There is not a speci- fic preliminary plat being considered at this time, and therefore the planned unit development does discuss concepts; however, in a recent meeting with representatives of the applicant, the concept for the motel and office buildings as well as some other commercial uses were given more specific review in the attachment. For addi- tional information on this agenda item, refer to pages 78 through 119 of the agenda information memo packet from the July 6, 1982 meeting. Again, a copy of the minutes of the APC action is enclosed for your review on pages 6 7 through -76 A large drawing was included with the Last City Council—pac7et of the property which also included the adjacent property to provide a better des- cription of the proposed project. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the APC to approve a rezoning for the proposed Eagan Heights Commercial Park Project. S3 0 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE INTERN WITT DATE: JULY 15, 1982 SUBJECT: EAGAN HEIGHTS COMMERCIAL PARK In 1968, approval was given to Girard Minea to rezone 100 acres from Agri- culture to Business, Commercial and Multiple Housing. A copy of the concept plan for Rolling Green, as it was called, is attached. Paul Hauge's staff researched the minutes and found eight (8) lines referring to the proposed development. There was no mention of a Williamsburg motif. A history of ownership of this parcel plus zoning changes is also attached. There is nothing in the minutes about park land dedication in this area. Barb Schmidt suggested to Ken that a plan had been proposed by someone outside the Parks Committee and Department that a 10 acre site with ball field should be at this location. There never was any official action on the part of the Parks Department. Indeed, they want an active neighborhood park, complete with ball fields, at a more southern location nearer to the school site. Ken says the City has a 30' trailway from Duckwood Trails and a 15' ease- ment from Duckwood Estates. The Parks Committee would like a connecting trail easement from Eagan Heights. The connection would be around the north side of the pond. The trail would meander from west to east following the topography. Sometimes it would be on park land, sometimes on the planned development land. This trail would be in addition to the traits along Lexington Avenue and Yankee Doodle Road. The City will request a cash dedication which will be used to purchase additional park land to the south. Any land dedication loss would be slight -- from 3.6 acres to 1.6 acres and this would be additional open ;cash space to Deboer aesthetically pleasing pond in the area. Park. However, the dedication loss will be greater: 36 acres x 14 units x $258 per unit = $130,032 16 acres x 14 units x $258 per unit = 57,792 Loss = $ 72,240 Ken sees the park land and proposed green space as beneficial to the office park and Duckwood Trails. He also sent you a memo regarding Eagan Heights. The drainage plan is in accordance with the City's plan. Tom says the pond in the southwest corner of the PD is not a part of the City drainage plan. The developer feels that the pond will enhance the office towers site and they will probably dredge and seal it so as to keep a clean, aesthetically pleasing pond in the area. Ponding areas in or near the PD are sufficient to handle anticipated surface water run-off. a4 Eagan Heights July 15, 1982 Page Two 0 0 Commercial Park Memo Carl Dale, Dale Runkle and 1 met Wednesday morning to discuss the Eagan Heights concept plan. We acknowledged the importance of stressing the fact that this is a concept plan, general in scope. Detailed reviews are to be made as each phase is proposed. The appeal of the PD is supposed to be its adaptability with the Council maintaining total control over the entire development. As each phase is proposed the Planning Department will look closely at allowable uses by underlying zoning. There will be certain CSC uses which will be denied, e.g., a gas station or bowling alley. The proposed uses must be within allowable uses. If the proposed use changes, an amendment will have to be filed when a preliminary plat is applied for. In the Limited Business zone there will be 20% lot coverage. The developers hae also agreed to a 100' green area to screen the R-1 area directly to the south. The number of units in the R-4 zones will be in accordance with the zoning ordinance at the time of construction. Federal Land Company noted there was a question regarding a sliver of land originally zoned LB and now included with the CSC. Carl said this piece would be for parking, a motel or an office, but never retail. The developers see professional offices and offices of a general nature whose operations do not include warehousing or retail sales in the LB areas. In a memo to the Planning Commission (copy attached) dated June 16, Dale Runkle identified the proposed uses by parcel which were shown in the Eagan Heights concept plan. Also attached is the artist's sketch concept for potential site development shown in different .colors for phases of con- struction. The sketch shows a first-class financial center, restaurants, office towers, motel, commercial and apartment structures. The concept plan shows, by parcel, the following uses: Parcel # USE 1 CSC Financial Center, Class 1 Restaurants 2 CSC Motel with Parking 3 CSC 16 -Story Office Tower with Parking 4 CSC Commercial - Principally Office 5 GB General Business 6 R-4 Multiple Housing R-4 7 LB General Office 8 LB Two 12 -Story Office Towers, General Office 6'S R O L L I A 0 ......... ... E N SIIN..[-SOIA SECTION 15 Owner or APC Board Zoning Developer Legal Description Action Action Class Cirard Minea Nk of h'Ek of E' of NEy 12-23-68 2-4-69 A to R4, R 1691 S.l'ictoria of NVk (100 acres) C1 & C St. Paul, MN Rolling Creen-(Herb Heuer prop) Robert Karatz & S' of NWk of & subj. to 5-27-69 7-15-69 A'to R6 & I Kenneth Appelbaum I35E (80 acres) 3520 Pilot Knob (John T. Moeller prop) Eagan, MN E.E.Parrar.to Sec -15 W� of NWS of NWS 8-26-69 10-7-69 A to C2 1220 Commerce Bldg. 20 acres (G. Tanker,:ff) St. Paul, MN E,E.Parranto S' of NEk 80 acres 8-26-69 10-7-69 A to R6 Commerce (B. Toledo prop) St. Paul, MN' Investor Comm. NWk of NWS 40 acres 9-23-69 10-21-69 A to Cl Northwestern Bk. excluding row of 135E MN Don Christenson S 630' of N 1025.5' of W 8-25-70 9-29-70 A to Ri 3650 Pilot Knob 450' of SWk (6.5 acres) Eagan, MN Pilot Knob Prop. E of Pilot Knob & 12-28-70 2-2-71 F. t R4 S of Yankee Doodle � 7 TO: CHARLES HALL, CHAIRPERSON AND THE ADVISORY pT.AMING ODDTIISSION FROM: DALE C. RU ME, CITY PLANNER DATE: JUNE 16, 1982 RE: ADDITIONAL INEIOFTWION REGARDING THE EAGAN HEIGHTS CCmmERCIAL'PARK At the May 25, 1982 Advisory Planning Commission meeting, the Advisory Planning Conmission requested continuance of the Eagan Heights Camercial Park Planned Development because of several concerns. These concerns are: 1. The applicant was proposing alternate uses as permitted uses on the plan- ned development. 2. The underlying zoning of the planned developrnnt be looked at in regard to what would develop if the planned development would lapse. 3. More tine is needed todiscussthe planned development with the surround- ing Property owners in regard to use and landscaping. 4. The applicant submit a staging Plan as to how and when they would develop the property. The applicant has met with the City staff in regard to the underlying zoning and proposed uses within the Eagan Heights Camerclal Park Planned Development. The applicants have submitted a sketch plan indicating the proposed use and what the underlying zoning would consist of. The following is a breakdown of the individual parcels: .:...-.. . PARCEL PROPOSED USE UNDERLYING ZONING EXISTING ZONING 1 CSC (Ca mm pity Shcp.Center) CSC CSC 2 CSC GSC LB; GSC 3 CSC CSC CSC 4 CSC CSC CSC 5 GB (General Business) GB R-4, GB 6 R-4 LB (Limited Bus) R-4 y IB LB R-4 8 LB and GB IB IB Note: The applicant has indicated that parcel 2 also includes a high-rise motel. Staff is suggesting before a hotel is a permitted use, a conditional use permit be approved by the City Council for height and use for a motel in accordance with Ordinance 52. This can be dealt with the detailed phase of parcel 2. Parcel 3 - the applicant has indicated an office tower. Staff is ing that nothing more than 3 stories be allowed at this time until also suggest- a conditional use has been approved by the City in accordance with Ordinance 52. CITY C' EAGAN EAGAN HEIGHTS CaIZEMCIAL PARK PLANNED DEVEIMENp JUNE 22, 1982 PAGE TWO Parcel t - the applicant is proposing to leave 16.6 acres as R-4 (Residential Multiple) for a 5 -year period. If the R-4 or multiple does not develop in this five years, the parcel will revert to a Limited Business or office use. Parce 8 - the applicant is proposing Limited Business and General Business use adjacent to the internal street. Staff is suggesting that the entire parcel be set up as IB (Limited Business) in accordance with the sketch plan of the Plan- ned Development. If the developer wishes a more intense use in the future that an amendment be made to the Planned Development with the detailed phase of this parcel and the City will look at the feasibility and design of the more intense use at a later time. The applicant has also met with the surrounding property owners in regard to landscaping and input in regard to the overall develcpnent plan. It is the staff's understanding that the residents are not opposed to the overall use of the Eagan Heights Comearci.al Park Planned Development. They do have some de- tailed questions which they would like clarification and possibly more informa- tion in regard to the landscaping along the north lots of Duckwood Estates. It is staff's understanding that the residents will be providing these additional comments at the Jame 22, 1982 Advisory Planning Commission meeting. Staff has also net with other surrounding property owners - Zo1Lie Baratz of Duckdood Trails, Mr. Ken Applebauan of the parcel immediately west of Duckwood Estates and east of the proposed Denmark Avenue, Mr. Ron Krank who is develop- ing the shopping center north of Duckwood Drive, and staff has contacted Hill- crest Development who owns the armmm pity shopping center portion north of the proposed shopping center. It is staff's understanding that these people are not opposed to the Eagan Heights Cam¢nercial Park Planned Development, however, they felt that in order to get an overall picture of what could develop within this area, they have requested that the staff provide a =rposite of all of the parcels in the north half of Section 15 indicating the overall development with- in this section. Staff has included a composite as to how the developers see the north.half of Section 15 developing. Granted, these parcels will have to receive plat approval by the City Council, however, most of the zoning is in place to allow the type of development shown on this composite. The applicant has also provided a staging plan as to how they foresee this 100 - acre parcel developing. Enclosed is a phasing plan showing which areas the developer would develop first, second, third and fourth. There has not been a' time sequence placed on this phasing plan but could be tied in to the proposed 10 -year planned development agreement. Hopefully, this additional infoumation provided will update the Advisory Planning Cotmuissicn in what has transpired during the last month to pmvide additional information for the Advisory Planning Commission meeting. If anyone has any questions regarding the infoanation submitted in this mem orandman or would like additional infonmetion, please feel free to contact me at the Eagan City Hall. - Sincerely, Dale C. Runkle, City Planner Y. _ 1 �— YR u1cFE DOODLE CORD" — (coUIJR• parvo NR 20)� �J U Le LJ{J IIsi � O s vooaoaooy po a ss o o ea la u o u:�P a min at a mull Ei YQY�p ii ■1i ■ ,1_cec Ueee_ 2-."c_Unq.. 0,0 Cr - Y ; .• ..•.. {• •a••• ■0. CRD—vit Frl- or ' 6.GEN ERAL BUSINESS � 4 •.1 {....Y..r...•..\. �O vee l■ovEfevpatJRt � ['•�'•^•�� �/ ��� ww.{ry..a.\W 'Ot C :�.. e c OQ ♦� ma® ■sa>00■ci 51. lie uses YY Q Q�■YISOmYYRI 71 BLlnnreD a llelNnfl� V t / .\..b[.�..Y..� 6 a :. ■ � tt .. wa.0 1 Iw.•.Y.. •� 4u n•<abI\u 0 �.I r o� Y — •ar t • � a � ,.•...,..,.a. � O�®�ammaa ■�aoa0p■e0ammmRlD' R0t•■ r .I � �. w4.H GIGYr4 [k11VE Y ! � � >i�jaoa0000ra0004ao oelmLmmY d S ...... ■ gaa00aoo►p T G . ••...... A.{ V IIJJ^ , LLY Y.w V r 7 •.• 87 LIMITPD B •BIN SS � �• �� .-....�.e•W •• � • sw'Y• n- ••r 'r u• waau �q w..... r•^•a... rd i rte. r its lu'�:ni.�.r.s+"...'il...."•^p•`r `!e. �Yw In •. 1 • r. a� 41mmm wit, END ea0ep Im lill nada as PROPOSED SKETCH PLAN EAGAN HEIGHTS COMMERCIAL PARK _...._ A PLANNED UNIT. DEVELOPMENT —' �•"�"'�"''•"•""• - 9Y SHB.._ ..- --_..—._ ._ .. Y.,... w.. ••+.'•.•�. r .� FEDERAL LAND _COMPANY �.I' jl LOCATED IN ._ __ _ - u\raa {\..o. n. ur...w. w.•u • t.\\ rn•. 1. w•u\ •:'i4:[� _BAOAy,_.pI1NNBSOTA_-- ROAD "'264121 (COUNTY ROAD NO 'Au ............ PHA, f '-f —ug am 5TL6 4"T j PHASE lop -- la rM MY, 6D 4� wt I JJ i da PH E D .STAGING OF RoAo' ."" ONSTRUCTION _j 11-40 a �f FI7 ELPAINARI PFWPAKOFOW-7 PHASINO PLAN FOR UTILITY AND J FEDERAL compamv, Inc.• CONSTRUCTION LANG ND COMPANY UNIVAC I1 1 1 j Go -- "---- R-- �lL--- IJ _�_U , �. SCALE 100 _—. - -_�._ - .. __ ..._. II NORTH DOODLE --___ __ __ YANKEE SQUARE DEVELOPMENT 17 - PROPOSED EAGAN HEIGHTS COMMERCIAL PARK 7,1 CSC 1 '.._.... _If i I, Wmp L ISI r PILOT KIIOD CENTER iV XL''I -��•\- AiI W - IAPdROVE" \\. ' V.I TNG r � f1Y11 AP PROVED YL MYLTIPLE. rj !I. tll,' APVROVI'O r- I-�-- ;I NE1.7 I 0(L¢L 111 Q TOWNHOUSES IEf115T.1 APPROVED MULTIPLE _ CREST 166 ING E _LITHE -' '--- CE QUADS f[KMA I QUADS, COMPOSITE MAP OF OVERALL DEVELOPMENT SHOWING EXISTING AND PROPOSED USES LYING IN SECTION 15, T.27, R.23, EAGAN. MIN? lr LAKE E , -FAMILY I � PA I 1\ PROPOSED ^`YULTil PLE E MUULTIP �• LTIPLE 1 APPROVED MULTIPLE li F . =:rPw- 17 aia Yom.�.-. r^,.. :.ARTI5T'5 SKETCH ;CGN&%VT Fon! POTENTIAL . SITE DEVELOPME-M���L_ ;C i� • EAGAN HEIGHTS COMMERCIAL PARK A PLANNED UNIT DEVELOPMENT By the FEDERAL LAND COMPANY Located In EAGAN • MINNESOTA' i luou'll, yI. L_� � 1. .L 4 ' �R •. A.r.q/.� %..r.r� I• 1 I I 1 � ♦ � N•R oN...R iwo] . L •(n w•n� YMII � J I - � � EXISTING ZONING DEVELOPMENT.._POTENTIAL EAGAN HEIGHTS COMMERCIAL PARK I. July 14, 1982 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR �a FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: FEDERAL LAND COMPANY/EAGAN HEIGHTS; ADVISORY PARKS AND RECREATION COPTMITTEE'S ACTION Thursday evening July 8, 1982 the Eagan Advisory Parks and Recreation Committee reviewed the proposed plat for Federal Land Company for Eagan Heights Commercial Park. The Advisory Committee spent a considerable amount of time in reviewing this proposal and its implications for parks and trails. The committee then offered specific recommendations to the City Council in regards to park and trails dedication. I believe it would be helpful for you to understand the background on the thinking of the Advisory Committee to better understand their recommendations. Primarily, the committee feels that a neighborhood park which will satisfy the residential needs within this section will not be the existing "Deboer Park." The neighborhood park will be further to the south, to be acquired at such time as an elementary school site is determined. Secondly, the Advisory Committee feels that Deboer Park, because of its topography and dominance by a ponding area, will not be suitable for development as an active neighborhood park. Rather, its purpose will be primarily "green space" with very limited active space a typical neighborhood park would normally have. Finan lly,F—e Advisory Committee saw the existing park acreage as acting as a buffer between the residential area in the Duckwood trails plat and the commercial and industrial development as proposed. And, as an enhancement and asset to the Eagan Heights Commercial plat. It was suggested that Federal Land Company would be a major beneficiary of any parks development to Deboer Park and may wish to work towards its enhance- ment. With this background it may be easier to understand the recommendations of the committee: A. That there should be a trail dedication along the southern bounda of the proposed plat. The Advisory Committee saw some problems with the "conceptual portion" shown for this trail; the committee felt that greater detail for the trail needed to be shown and/or determined at this time. The committee was concerned that the trail could be developed and maintained with regards to topography and existing vegetation. It's envisioned that the trail might meander back and forth between park property and the commercial property. This trail is to installed by the developer, subject to final re- view by the Director of Parks and Recreation. The committee felt that this trail should be connected with the internal trail system. B. Recommendation of the parks committee to require the developer to install 8' bituminous trail along Yankee Doodle and Lexington Avenue; and, that an internal trail system or sidewalk be installed along the internal roadways within the plat. And, for the internal trail system to provide a link with the commercial area and the proposed east -west trail just discussed. C. The committee recommended that the R-4 property within the plat, if developed as R-4, be subject to the cash dedication at the time of final platt- ing, rather than for additional park land. As indicated steep grade, and de - 67 Federal Land Company/Eagan Heights; Advisory Committee Action - A,!emo July 14, 1982 Page 2 sire for park land located with a school is preferable. D. The committee also recommended that each phase of the proposed development be reviewed and subject to potential parks dedication that may be implemented or approved in some future time. Although, the City does not currently have a dedication policy for commercial or industrial, the committee wished to express and see included within the development agreement, a stipulation which would make each phase of the P.D. subject to changes in the parks dedication requirements. E. Finally, the committee was concerned over the storm water run-off to O'Leary Lake and pond area within the park property, particularly from salts and other contaminants. Therefore, there was a recommendation that the City engineer or consulting engineer review the storm water run-off to ensure that there is a minimization of environmental affects on the lake and park property in general. I will be available at the July 20th City Council meeting to further explain or detail the Advisory Committee's recommendations should there be any questions. cc: Dale Runkle, City Planner Paul Hauge, City Attorney Tom Colbert, Director of Public Works 66 7 IRUBJECT TO APPROVAL MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JUNE 22, 1982 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, June 22, 1982 at the Eagan City Hall commencing at 7:00 p.m. Those present at the meeting were Chairman Hall, Members McCrea, Krob, Turnham, Wold and Wilkins. Absent were member Bohne and alternate Mulrooney. Also present were City Administrator Hedges, Public Works Director Colbert, City Planner Runkle, and City Attorney Paul H. Hauge. AGENDA Upon motion by Hall, seconded Krob, it was resolved that the Agenda be approved as prepared. All voted yes. MINUTES Upon motion by Hall, seconded McCrea, the Minutes of the regular APC meeting of May 25, 1982 were approved with the exception on page 9, that those in favor of the motion relating to Cinnamon Ridge 4th Addition were Bohne, Hall and Mulrooney, and those against were McCrea, Krob and Turnham. All voted in favor. - FEDERAL LAND COMPANY - EAGAN HEIGHTS COMMERCIAL PARK Chairman Hall then convened the continued hearing regarding the applica- tion of Federal Land Company for rezoning of Eagan Heights Commercial Park consisting of approximately 100 acres to Planned Development for commercial development purposes. The property is presently zoned CSC, LB, OB and R-4. Charles Bartholdi and Martin Colon appeared for the applicants. Mr. Bartholdi reviewed the sketch plan and staging of the road construction which were new submittals to the Commission. The applicant had requested a continuance in order for additional study at the last meeting to consider alternate uses and also to receive comments from surrounding property owners. Mr. Bartholdi stated there was a substantial reduction in the density to about 60% of the R- 4 area. He stated that there was a proposal for a motel but that the appli- cant wanted to retain its option for CSC uses in these areas. He also re- quested the sketch plan be a part of the Development Agreement with the information included on the plan. Representatives of surrounding property owners were present and were asked for comments. Scott Bader appeared for Barr-ett Construction Company and indicated that 310 units were approved for the Duckwood Trails project to the south and 148 are remaining to be constructed. He stated that the proposed application will result in a change in the nature of its development because townhouses would not be compatible with the commercial to the north. He proposed eliminating the townhouses and that the City allow the construction of three buildings with 252 units which would be 104 units above the 310 authorized. He re- quested the application be continued until the Duckwood developers could submit an application for amendment of the Duckwood PD. 1 67 0 APC Minutes June 22, 1982 Neighboring residents were represented by Mr. Sjobeck who presented a Petition signed by 56 persons in Duckwood Estates and St. Francis Woods. They had a number of recommended changes included on their Petition and he reviewed them in detail with the Planning Commission. He stated that there was some strong opposition from some neighboring property owners to certain types of zoning, including motel use. Kenneth Applebaum, a neighboring property owner to the south, indicated he had no problem with the plan, but was concerned about the Lake on the North side of the Applebaum property, which property has been approved for multiple - residential use. He also suggested that the one acre parcel to the northwest be used for office building rather than commercial retail. Ron Krank, repre- senting the proposed Pilot Knob Shopping Center developer, indicated that the City had not allowed an extension of CSC and stated that if the present applicant is allowed an extension of CSC, that the Pilot Knob Shopping Center developers should also be given the same consideration. There was no appear- ance on behalf of Hillcrest Development owning the CSC property to the West, nor were any comments received in writing from Hillcrest. There was a ques- tion as to the affect on the park along the north side of Duckwood Estates and Mr. Runkle indicated there would be no change in the park proposal. Martin Colon responded to 6 requests of the neighboring single family owners and indicated that virtually all would be agreeable except that he would not agree to change the zoning of area 3 to LB to conform with the developers' stated intentions for development of office tower of corporate headquarters. He also stated that the motel was currently proposed to be included in the plan and requested that it be retained. He also indicated that the present intention is to retain the larger pond but retention of the smaller pond is uncertain at the present time. It was noted that an EAW has been completed but that it has not been circulated to the required agencies for comments. Mr. Colon also stated that in the event the R-4 proposed is not developed as multiple residential within 5 years, that they would then request Limited Business covering these 16 acres. Mr. Sjobeck stated that he gener- ally had no objections to the development beyond the recommendations of the neighboring owners but objected to the commercial in area 3. Mr. Colon re- quested that the Planned Development Agreement cover a 10 year period. It was noted there is heavy foliage to the north of the single family area but Mr. Colon stated that he agreed with the 100 -foot buffer north of the R-1 only. Mr. Hall suggested that the adjacent owners all give input to the Council and suggested that the Planning Commission make recommendations to the Council that it consider all of the surrounding uses. Member Wilkins recommended Area 6 should have R-4 underlying because it was understood so by the Duckwood Trails developer. Krob moved, Turnham seconded the motion to recommend ap- proval of the application, subject to the following conditions: 1. That the Council consider the uses of all surrounding property in Its determination concerning the application. c� 2 0 0 APC Minutes June 22, 1982 2. It is also understood that the sketch plan would not be acceptable with the specific comments about the inclusion of high-rise buildings noting that a conditional use permit is required. 3. A Staging Plan shall be submitted. 4. Prior to final approval of Planned Development zoning by the City Council, a Comprehensive Plan amendment should be obtained from the Metro Council. 5. The Environmental Assessment Worksheet should be approved by the City and applicable agencies prior to the rezoning of this property. 6. An analysis of the traffic generation information should be obtained from the Dakota County Highway Department prior to the rezoning. 7. A Planned Development Agreement shall be executed as provided by City Ordinance No. 52 prior to the final rezoning of this property. The developer has proposed that this Planned Development would exist for a period of 10 years. In addition, the Planned Development Agreement, which has been standardized by the City, would provide for such matters as street dedication, development of sidewalks and trails and similar considerations and would also include the exhibits as submitted which would become a part thereof. 8. Developer shall be required to dedicate an easement to the City, as illustrated on the "Sketch Plan", for a trail connection between the Duckwood single family area and the City's Deboer Park area. This shall be detailed in the Planned Development Agreement. 9. County Road 28 (Yankee Doodle Road) and County Road 43 (Lexington Avenue) shall be scheduled for upgrading to their ultimate design section prior, to approval of Phase 4. 10. Portion of Denmark Avenue shall be installed coincidental with Phase 1 and/or Phase 4 respectively. 11. A 60 to 70 foot half right-of-way shall be dedicated for County Road 28 and County Road 43 as determined by Dakota County Highway Department. 12. A 75 to 80 foot internal right-of-way shall be required for the looped collector street. All other internal streets will require a 60 foot right-of-way dedication. 13. This development will be responsible for the acquisition/dedication of the full right-of-way necessary to install Denmark Avenue when required by this development. 14. A ponding easement incorporating the 885.0 elevation will be re- quired adjacent to O'Leary Lake. Also, a ponding easement incorporating the 905.0 elevation will be required for the internal ponding area (D -y). 69 3 ►J APC Minutes June 22, 1982 15. All other required drainage and utility easements shall be dedicated as determined by the staff. 16. A ponding easement for Pond DP -5 shall be dedicated to the City prior to the development of the second or subsequent phases. 17. An 8 foot bituminous trailway shall be constructed along the north and east boundaries adjacent to Yankee Doodle Road and Lexington Avenue. 18. A 5 foot concrete sidewalk shall be constructed along the west boundary of Denmark Avenue and adjacent to the internal looped collector street. 19. A trailway shall be constructed adjacent to O'Leary Lake in accor- dance with the recommendations of the Park and Recreation Committee. 20. This development shall assume its assessment responsibility as determined by the City assessment procedures associated with the installation of trunk utilities in accordance with the zoning and rates in effect at the time of final platting. 21. This development shall assume its assessment responsibilities asso- ciated with the upgrading of Yankee Doodle Road (County Road 28), Lexington Avenue (County Road 43) and/or Denmark Avenue as necessitated by the phased development of this PUD. 22. Internal driveway entrances onto the internal looped collector street shall be at locations as approved by staff. 23. Adjacent to the R-1 zoning privide: a. 100 foot minimum setback for buildings and parking. b. Herming for visual separation of building and parking. C. Evergreen planting in the above described buffer zone by the end of the second phase of the development plan. 24. Any buildings over 3 stories in height shall be permitted only by application and compliance with Ordinance No. 52. 25. Preserve all existing ponds with the understanding that the small pond to the southwest will be considered in the detailed grading plan for that phase of development. 26. Lighting design shall ensure compatibility with residential neigh- borhood. Mr. Colon objected to the recommendation that the developer acquire all of the right-of-way for Denmark Avenue noting that the property owner on the west should dedicate the west half of the right-of-way. All voted in favor except Wold who voted no. 70 0 0 Agenda Information Memo July 16, 1982 Page Twenty VENDING MACHINES - ST. PALL PIONEER PRESS E. Special Use Permit for St. Paul Pioneer Press and Dispatch Newspaper Vending Machines -- At a regular City Council meeting held on June 15, 1982, representatives of the St. Paul Pioneer Press & Dispatch appeared before the City Council to discuss whether a special use permit applied to the placement of newspaper vending machines on public property throughout the City of Eagan. It was the position of the City Council during 1981 and was again stated by the present City Council that a special use permit is required for the placement of vending machines for the purpose of selling newspapers on public property throughout the City of Eagan. The St. Paul Pioneer Press and Dispatch was requested to submit an application for a special use permit if they intended to keep the newspaper vending machines on public property throughout the City and submit the same for consideration and review by the City Council at the July 6 meeting. The City staff was directed to review all vending machine locations upon receiving the application and recom- mend for consideration only locations that are consistent with the health, safety and welfare and public Droperty image desired by the City of Eagan. At the July 6 special City Council meeting the application had not been received by the City and representa- tives of the newspaper were not present for any consideration on the matter with the City Council. The City Council had received a report from the City staff recommending that eleven (11) locations were in violation of "safety, health and welfare standards" and the City Council took action requesting that all eleven vending machines be removed from those locations. City staff reviewed the locations the following day to learn that all 11 vending machines had either been removed or relocated to a new location which would then require additional review by City staff. Enclosed on page 72, is a copy of a letter from the City Administrator to the St. �aul-Dispatch & Pioneer Press regarding their appearance at the July 20 City Council meeting. Found on pages7 through 7�} is a letter from the legal counsel representing ewspaper a out - their lack of appearance at the July 6 meeting. Also enclosed on pages -75' through 7 is a letter addressing the application received by the City requesting the vending machines and on pages 7 7 through 7 $ is a memorandum from the City Planner that addresses the appT'ication. Also enclosed on pages 7 9 through 5(I is a copy of a memorandum provided by the City-?Tadated u y 1, 1982 that provides a St. Paul vending machine update for the July 6 City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the special use permit for St. Paul Pioneer Press & Dispatch newspaper vending machines as requested. -7/ 11 BEA BLOMOUIST MAYOR THOMASEGAN JAMES A SMITH JERRY THOMAS THEODORE WACHTER COMCIL MEMBERS July 9, 1982 CITY OF EAGAN 3195 PILOT KNOB ROAD P.O. BOX 21199 EAGAN, MINNESOTA $51]2 PHONE 454.9100 TOM FOSTER ST PAUL DISPATCH & PIONEER PRESS 55 E 4 ST ST PAUL MN 55101 Re: Location of Vendin Machines for Purpose of & Pioneer Press NewsDaDers at Various Loca Dear Mr. Foster: THOMAS HEDGES CITY ADMINISTRATOR EUGENE VAN OVERBEKE CITY CLERK St. Paul In official action that was taken by the Eagan City Council at a regular meeting held on Tuesday, July 6, 1982, the City staff was directed to remove eleven (11) vending machines that were deemed by the City staff to be dangerous to health, safety and welfare at their present locations on public boulevards throughout the City. A member of the City staff did inspect all eleven locations that were reviewed by the City Council on Wednesday, July 7, 1982, and apparently all eleven newspaper vending machines had been relocated to new locations. The new locations have not been evaluated by the City staff to determine whether there is any concern or impact re- garding health, safety and welfare for those locations. It was not brought to my attention until after the City Council meeting that you had requested a continuance of the special use permit to consider the location of newspaper vending machines on public boulevards until a later City Council meeting. Apparently, you had notified our City Planner that you were requesting a continuance and had also attempted to contact this office the day of the City Council meeting but were unable to discuss the issue with me. The City Council was concerned that you were not present at the meeting. However, it is now apparent to me that you had notified the City that you were requesting a continuance and that information will be shared with the City Council. In any event, this special use permit application must be filed with the City no later than Thursday, July 15, 1982, with the City Planner so the application can be fully addressed and processed as an application before the City Council at. the July 20, 1982 meeting. The special use permit application does address all vending machines that are located on public property. Your cooperation in submitting the application, application fee and honoring the procedure that was outlined by the City Council in 1981 and again in 1982 is greatly appreciated. If you have any questions regarding the procedure, please feel free to contact Dale Runkle, City Planner, or me at any time. Sincerely, Din- IL Thomas L. liedQqes,City Administrator THE LONE OAK -WEE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. cc:,lchaela Maenner, Attorney; Paul Hauge, City Attorney; Dale Runkle, itv PI"nnnr OPPENHEIMER WOLFF MITT W L.Mi k °1 of SAINT RMI AliM fl 5:111 FOSTER SHEPARD MLEFHONE:10121 22(-7271 AND rELE%.20-(015 DONNELLY Saint Paul July 9, 1982 Mr. Thomas Hedges City Administrator Eagan City Hall 3795 Pilot Knob Road Eagan, Minnesota 55122 '°2<n1❑ -1t ':450UAEE dn. MEE13ti ,.NN, LMIMM.55402 140 BRUSSELS. UC-LUU-JA is LEN ZONE 1612 X02-9451 rE1.ERHOME511-30 00 :'LEZ 23.01313 ❑dLE2 H2230 RE: St. Paul Dispatch/Pioneer Press Newsracks Dear Mr. Hedges: This letter will confirm our conversation of today in which we dis- cussed the unfortunate series of miscommunications between this office, representatives of the St. Paul Dispatch/Pioneer Press, and the Eagan City staff. Last Wednesday, June 30, 1982, I called Mr. Paul Hauge, the Eagan City Attorney, with respect to the upcoming Eagan City Council meet- ing on Tuesday, July 6, 1982. 1 asked Mr. Hauge if he had been.able to respond to my previous request that he supply me with the minutes of the Eagan City Council meeting which took place on June 15, 1982. He indicated that that mailing was going out to me that day. I received that information on Thursday, July 1, 1982. Prior to that time, I advised Mr. Hauge that it would not be possible for me to make a careful and well considered recommendation to the St. Paul Dispatch/Pioneer Press by Tuesday, July 6, 1982. Mr. Hauge indicated that I should convey that information to Mr. Dale Runkle, the Eagan City Planner. I called Mr. Runkle the same day. I advised Mr. Runkle that I would not be able to make a careful and well advised recommendation to the St. Paul Dispatch/Pioneer Press by Tuesday, July 6, 1982. Mr. Runkle advised me that he would call me back the next day, Thursday, July 1, 1982, with respect to this matter. I called Mr. Runkle back on Thursday, and he advised me that it would be sufficient for him to include this information in his report to the City Council. I asked him whether he wished me to confirm our conversation in writing to this effect. fie advised me that would be unnecessary. At no time did Mr. Runkle advise me that it would be necessary for a representa- tive of the St. Paul Dispatch/Pioneer Press to attend the July 6, 1982 City Council meeting and formally request a continuance. There- fore, I did not instruct anyone, from the St. Paul Dispatch/Pioneer Press to attend the meeting, and I did not attend the meeting myself. I3 OPPENHEIMER WOLFF • • FOSTER SHEPARD AND DONNELLY St. Paul Dispatch/Pioneer Press Newsracks July 9, 1982 Page Two Had I been advised that this was the proper procedure to have followed, we certainly would have had a representative from the St. Paul Dis- patch/Pioneer Press attend the City Council meeting. I am also advised by my client that Tom Foster of the St. Paul Dispatch/ Pioneer Press contacted Mr. Dale Runkle prior to the meeting and advised him that representatives of the newspaper would not be attending the City Council meeting on July 6, 1982, because they felt that the imme- diate problems with respect to the locations of eleven newspaper racks had been solved at a meeting they attended with the Eagan City staff. Furthermore, they conveyed to Mr. Runkle that, since our office would be unable to make a recommendation by July 6, 1982, there was really nothing more that they could add to the Council's discussion. Mr. Runkle requested Tom Foster to call you and let you know that representatives of the newspaper would not be attending the Council meeting. Mr. Foster has advised me that he attempted to contact you on several occasions on Tuesday, July 6, 1982, prior to the meeting. You were tied up in meetings and were not able to return his telephone calls. I would like to take this opportunity to extend my apologies for any misunderstandings that have developed as a result of this office's actions with respect to this matter. I believe that the St. Paul Dispatch/Pioneer Press has demonstrated its willingness to work with the Eagan City staff and City Council by meeting with them and attempt- ing to meet the City's most urgent concern with respect to the eleven newsstands discussed at the meeting. We are currently studying the City's zoning ordinance and special permit system in an effort to determine our position with respect to the special permit issues. Please contact me at any time with respect to any concerns that you may have or that the City Council may have with respect to this matter. Very truly yours, OPPENHEIMER, WOLFF,/FOSTER, SHE/JP/Aj�R/}D AND DONNELLY BY - Michaela White Maenner MWM/cs �4 OPPENHEIMERWOLFF . g0urmsr13AFINOLUO. FOSTER SH EPARD TELEPHONE h1tl 21 ?2% TT AND rELEX.29-1015 DONNELLY Saint Paul July 15, 1982 Mr. Thomas Hedges City Administrator Eagan City Hall 3795 Pilot Knob Road Eagan, Minnesota 55122 RE: St. Paul Dispatch/Pioneer Press Dear Mr. Hedges: .WMEA )LIS.MUPL55<02 TcLMIONE 1612 3J2 6x91 rELEX 290138 "!=ARE r1, MFPI ; 1010 8R0$SEM UI I�: J!A 'ELEPW)HEE511-38 00 iE3-EL 62290 The St. Paul Dispatch/Pioneer Press desires to submit an application for its newsracks located in Eagan. After several telephone confer- ences between Mr. Dale Runkle and me, several questions remain unan- swered. First, it is not clear whether permit fees will be imposed on an annual basis. Second, it is not clear to us why a $500.00 permit fee is being imposed for this application when future appli- cations may be accompanied by a $50.00 permit fee. The St. Paul Dispatch/Pioneer Press has made.a significant commit- ment to serving the Eagan community. Recently, more news staff and reporters have been added in order to more fully cover events in Eagan and surrounding communities. Many citizens of Eagan subscribe to the St. Paul Dispatch or St. Paul Pioneer Press on some basis. Many Eagan citizens read our newspapers only occasionally by purchas- ing them from a newsrack. The St. Paul Dispatch/Pioneer Press con- tinues to desire to be a good citizen of Eagan, not only by providing coverage of current events and activities in Eagan but also by pro- viding them with a strong distribution system which serves to keep the Eagan community apprised of nation-wide, state-wide, and metro - wide events. Newsracks serve a necessary public purpose in Eagan and elsewhere. For a variety of reasons, not all of our client's readers care to subscribe on a daily basis to the St. Paul Dispatch or the St. Paul Pioneer Press, but they do wish to obtain the paper on a periodic basis. Because of this, newsracks are placed in locations by St. Paul Dispatch/Pioneer Press distributors that will be convenient for non - subscribers. We recognize that, from time to time, a given location may pose traffic or other safety concerns to the City of Eagan. Thus, when these concerns are brought to our attention, we attempt to work with the staff to solve the problem. OPPENHEIMER WOLFF • • FOSTER SHEPARD AND DONNELLY St. Paul Dispatch/Pioneer Press July 15, 1982 Page Two While some newsracks dispense a number of newspapers per day, many of the St. Paul Dispatch/Pioneer Press newsracks serve to dispense only two to four newspapers per day. However, we view serving two to four citizens of Eagan every day as important and valuable. The indepen- dent distributors who service the newsracks and derive the profits from the sale of those newspapers are small business people. In light of this fact, a $500.00 fee is not reasonable or appropriate. We are attaching an application for consideration. However, the requested one-time blanket permit fee of $500.00 does not seem reason- able or appropriate in the circumstances. We propose a one-time permit of $50.00 for all newsracks now or in the future. We suggest that the Eagan City Council appoint a committee or allow us to work with the staff in resolving the questions posed in this letter. Thank you for your consideration. Very truly yours, �Ae&k&L�� Michaela White Maenner MWM/cs att. cc: Theodore Wachter James A. Smith Jerry Thomas .Bea Blomquist Thomas Egan -76 MEMO T0: TCM HEDGES, CITY ADMINISTAT.7R FROM: DALE C. RUMME, CITY PLANNER DATE: JULY 16, 1982 SUBJECT: ADDITIONAL INFORIATION FOR TBE ST. PAUL DISPATCH/PICN ER PRESS PAPER VENDING MC[ ES The City Staff has received an application from the St. Paul Dispatch/Pioneer Press for the newsracks located in the City of Eagan. At the present time, the St. Paul Dispatch/Pioneer Press has not submitted the $500.00 fee, which the City Council had requested for their original submission. There have been questions raised by the St. Paul Dispatch/Pioneer Press in regard to the application fee which they want to nego- tiate at the July 20, 1982 City Council Meeting. Staff had submitted a memorandum for the July 6, 1982 City Council Meeting in regard to the review of all of the newsracks located throughout the City. In this report there were eleven newsracks that could have potential safety problems in regard to vehicle movement. Since the City Council Meeting, Staff has reviewed the eleven machines in question and it appears that the St. Paul Dispatch/Pioneer Press has either removed the problem vending machines or has relocated them to a safer location. In this review that was completed on July 15, 1982, Staff has one location in,which they request the St. Paul Dispatch/Pioneer Press to relocate a hazardous location vending machine. This location is the north- east corner of Diffley Road and Rahn Road. If this vending machine were moved further to the north it would be far enough away from the intersection as not to cause a safety problem. Staff also realizes this location is a MTC bus stop and many people congregate at this location and could purchase the paper. Staff is not suggesting that this machine be removed, but just relocated to a safer location within this intersection. In review of the overall newspaper vending machines, it appears that the St. Paul Dispatch/Pioneer Press will have a total of eight (8) dealer locations within the City of Eagan, and thirty-eight (38) newsrack locations for a total number of fourty- six (46) locations where the St. Paul Dispatch/Pioneer Press will be able to be pur- chased in the City of Eagan. Hopefullv, this summary will update the City Council on the latest issues in regard to the newspaper racks and dealer locations in the City of Eagan. Sincerelv, -77 ..... ..... - - - - - - - - - - - - - - - - - - - 011 CITY OF EAGAN X mile 38 46 TU: THOMAS L. HEDC.M, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, CITY PLANNER DATE: JULY 1, 1982 RE: ST PAUL DISPATCH VENDING MACHINE UPDATE As directed by the City Council on June 15, 1982, staff has had a chance to review the locations of all the vending machines located in the City of Fagan. This review was done by Martin Des Lauriers, Police Chief, Tom Colbert, Public Works Director and me. In the review of the locations of the newspaper vend- ing machines, staff has identified 11 locations which could be defined as hazardous or interfere with the public safety in regard to vehicular movement. These 11 locations are as follows: 1. The intersection of County Road 30 (Diffley Road) and Rahn Road. 2. Beau d Rue and Rahn Road. 3. Silver Bell Road and Beau d Rue 4. Silver Bell Road adjacent to Easy Street Apartments 5. Yankee Doodle Road and Donald Avenue 6. High Site Drive adjacent to the driveway to Highsite.Apart mats 7. Eagan Industrial Road and [-lest Service Road 8. Lexington Avenue - Lone Oak Road 9. Lone Oak Circle - Lone Oak Road 10. Gemini and Armstrong Blvd. 11. Crestridge and Pilot Knob Road Staff has reviewed the 44 vending machines in the City. Out of the 44 machines, staff has determined 11 vending machines are considered hazardous to the pub- lic safety of vehicular movement. In the staff's review, the only comments made during that review were the 11 machines stated above should be removed. However, if the machines were relocated further frau intersections, some of the machines could be considerably safer at the new location vs. where thev are presently existing. After staff had reviewed the 44 locations, staff had also met with representa- tives of the St. Paul Dispatch and Pioneer Press regarding the findings of this review. In this discussion, both City staff and representatives of the St. Paul Dispatch and Pioneer Press concluded that 4 out of the 11 vending machines are considered hazardous and would be removed completely. The other 7 vending machines could be relocated to safer locations. The 4 vending ma- chines which were agreed upon by City staff and St. Paul Dispatch's represen- tatives are listed as follows: 79 0 0 St. Paul Dispatch Vending Machine update July 1, 1982 Page two 1. Beau d Rue Drive and Rahn Road 2. Yankee Doodle Road and Donald Avenue 3. Lone Oak Circle and Lone Oak Road 4. Crestridge and Pilot Knob Road Attached to this memorandum is a map of the locations which staff has indica- ted above as hazardous locations. The locations with the double circle are the vending machines which the St. Paul Dispatch will remove ampletely and not relocate. The last part of the directive was that the St. Paul Dispatch and Pioneer Press submit an application for a special permit in order to allow the vending machines in the City of Eagan. It is staff's understanding, at this time, that the St. Paul Dispatch and Pioneer Press received the minutes of the June 15, 1982 City Council meeting on June 30, 1982. They are in the process of hav- ing their legal staff review the minutes in regard to the directive requesting the St. Paul Dispatch to submit a special permit application. It is my under- standing that the St. Paul Dispatch may not be able to have their legal counsel review the directive in the minutes and advise the representatives from St. Paul Dispatch to the legal ramifications of submitting a special permit for the vending machines in time for the City Council meeting of July 6th. The representatives from the St. Paul Dispatch and Pioneer Press may request a 2 -week continuance in order for than to receive an opinion from their legal counsel in regard to submitting the application for the special permit. It is my understanding that the representatives from the paper will be contact- ing the City Administrator the day of July 6th to discuss the alternative of a continuance of two weeks, or, if the City Council wants to review the vend- ing machines at that particular meeting. It is staff's understanding of the directive to review the locations of the vending machines and report back to the City Council and suggest that the St. Paul Dispatch submit an application for a special permit. Staff cannot pro- cess this special permit until the St. Paul Dispatch submits this particular application. cc - Tan Foster, St. Paul Dispatch and Pioneer Press Martin Des Lauriers, Chief of Police Thomas A. Colbert, Director of Public Works Mo ."s �n MEN . . . .. . . . . . . =b ovN CR CITY OF EAGAN VCDAIJI: j MAV -6c% b4L RcMocjGcj ow O 1/2 'mile Q \16,qcbv j Rc/nOLic AWOL 00 -LL 2A 1 0 • Agenda Information Memo July 16, 1982 Page Twenty -One DISCISSION ON WATER TREATMENT PLANT F. Water Treatment Plant -- A second public hearing was held July 13, 1982 to consider the construction of a water treatment plant for the purpose of iron and manganese removal treatment. Extensive studies have been made to prepare the preliminary report and cost estimates based on the water treatment plant being considered at this time, many opportunities have been given to the public to respond to the proposed water treatment plant by means of a survey mailed to all residents and two (2) public hearings which were well publicized by City wide newsletter and the legal paper, the Eagan Chronicle. Those in attendance at the second public hearing held July 13, 1982 were almost unanimously in support of the City constructing a water treatment plant to remove iron and manganese as presented. City Council action was then taken to act on the water treatment plant at the July 20, 1982 City Council meeting. For additional information and an outline of events that have trans- pired regarding the water treatment plant facility, refer to the City Adminstrator's memorandum enclosed on pages through 159, . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny proceeding with the construction of a water treatment plant. �� 0 0 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 15, 1982 SUBJECT: WATER TREATMENT PLANT FACILITY The water treatment plant issue has been reviewed and considered by the City Council for the past several months and it seemed appro- priate to provide a brief chronology of events that have taken place to inform our residents about the proposed construction of a water treatment plant. During the summer of 1981, the City continued to receive a con- siderable number of telephone calls complaining about the discolora- tion of water. The complaints were shared with members of the City Council and it was determined that a survey should be con- ducted as to how the public felt regarding the construction of a water treatment plant for the community. Approximately 9,118 questionnaires were sent out to the public, covering every household in the fall of 1981. 1,342 persons decided to respond and provide input to the City, and it was overwhelming that persons responding were in favor of a water treatment plant to remove iron and manganese. The survey results were then included in the next City wide newsletter in December, and as a part of that newsletter, the public was notified of a public hearing on January 28 at St. John Neumann Church to consider a water treatment plant. There was a great deal of publicity in the local newspapers given for this public hearing as well as in the newsletter. As a result, about 30 to 40 persons turned out for the hearing, most of whom were in opposition to the hardness reduction plant. The City Council took action at the March 16, 1982 meeting to accept the recommendation of the public works committee, committee members Wachter and Thomas, to (1) eliminate the hardness reduction from further consideration of the treatment of water quality, (2) restudy and refine the costs associated with a limited iron/manganese re- moval treatment plant only, (3) prepare and distribute a new survey with new cost information to be included with the spring or summer 1982 Eagan newsletter, and (4) conduct a public hearing immediately following the response of the survey format during the summer of 1982. The City Council did proceed with elimination of the hardness reduction from any future consideration of a treatment plant and the consulting engineer provided a new report that was limited to an iron/manganese removal only treatment plant. The City Council at a special meeting in June decided to proceed with the public hearing in early July, and since a survey was distributed less than a year ago to the public and also since the Eagan Chronicle does provide coverage to all Eagan residents, it was decided to print the cost information and other support in the Eagan Chronicle instead of the City wide newsletter. $3 Water Treatment Plant Memo July 15, 1982 Page Two Staff did provide three news releases to the Chronicle and included a special notice in the last utility billing cycle that provided information to the public for the July 13, 1982 public hearing. At the July 13 meeting, it was close to a unanimous opinion of the audience to proceed with a water treatment plant. It was brought to my attention by the Director of Public Works that there is one suburban community that treats all water in its municipal system with a chemical called Aquadine which suspends the iron and manganese in solution which tends to reduce the dis- coloration problem similar to that which has been experienced in the City of Eagan. However, it does not eliminate the problem completely and the Department of Health will not approve or denounce the use of it. Apparently, a sales person who handles this product has contacted the Director of Public Works since the public hearing and feels the City of Eagan should give consideration to his product before proceeding with the water treatment plant facility. City Councilmember Wachter, chairman of the public works committee, has expressed concern over the total cost of the proposed facility in relationship to the cost that was presented in a 1973 report by our consulting engineers and also the satellite facilities that were suggested by another consulting engineering firm that would cost considerably less than the $6,000,000. The City Council and City staff have spent considerable time dealing with the issue of a water treatment plant for the community. the residents have had a significant number of opportunities to express themselves and have done so in a very positive way about the need and endorsement of the City treating the water by removing the manganese and iron from the water distribution system. The City Hall has also received numerous complaints on a daily basis from the public requesting better quality of the water they are paying for in our water distribution system. Since the feasibility of whether to build or not to build a water treatment plant has been discussed in great length, it appears the community is -supportive of the City treating the water to remove the manganese and iron content in the water. If there is some question about the total cost of the project, or the specific method of solving the problems, it would seem appropriate that the Eagan City Council consider action to approve the removing of the manganese and iron problem in the water distribution system which may or may not require the construction of a water treatment plant. This action finalizes the issue as to whether the City will or will not proceed with water treatment and, at the same time, allows any further study and investigation into some of the other types of water treatment systems which might be desirable. A discussion at the meeting on July 20 of different types of water treatment systems could cloud the issue of whether the City plans to treat the water for the iron and manganese. si 0 0 Water Treatment Plant Memo July 15, 1982 Page Three It would seem appropriate at this time that, if favorable action is taken to proceed with treatment of the water supply system, the City Council retain the firm of Bonestroo, Rosene, Anderlik & Associates to finalize a study of any alternatives and then pro- ceed with the alternative favorable to the City Council in the near future. As an option, the City could consider proposals to have this service performed by other consulting firms. The question of whether the City should consider proposals of any additional consulting engineering firms including Bonestroo, Rosene, Anderlik & Associates should be discussed briefly with the Director of Public Works and City Administrator following the City Council meeting on July 20, 1982. Ck VO b604 ity Administrator Ss� 0 Agenda Information Memo July 16, 1982 Page Twenty -Two BANK DEPOSITORY 0 A. Discussion Regarding Bank Depository -- The City has received requests from First Bank Minnehaha which is requesting a part of the bank depository in the form of the checking account or payroll which is now a combined activity with Mid America Bank. Histori- cally and presently, the City prints all payroll checks with Mid America and also has a checking account for all the account and fund operations of the City. The Director of Finance and City Administrator have discussed several options which are available to the City and they are as follows: 1. To maintain status quo and that is to retain all checking account and payroll operations with one bank, that being Mid America. 2. To separate the current checking accounts on a negotiated basis. To competitively bid for banking services, either with the two accounts together or individually. According to the Director of Finance and strictly from a financial perspective, a competitive bidding process would probably result in the lowest over all cost to the City. However, carried to a logical conclusion, it could also result in an out of town bank providing the best and cheapest services. It is very possible that a bank in Apple Valley, Burnsville or some other neighboring community could submit a bid that would be more competitive than either of the local banks. The City, in the past, has never attempted to competitively bid other services provided to the City such as auditing, engineering, legal and planning consultants and likewise. The same is true with the checking account. Apparently, both banks are very much interested in one or two of the accounts that are now provided by Mid America National Bank and would be interested in bidding or negotiating that service with the City. The Director of Finance and City Administrator have been approached about the possibility of an automatic rotation policy on a yearly basis; however, this would require the reprinting of checks and additional administrative time on the part of our staff which is not necessary and could become burdensome to the Finance Department. If the City Council feels that the checking accounts should be negotiated or bid, it is the request of the Director of Finance and City Administrator that a minimum of two years, with as high as three to five years, be appropriate as contract lengths on either a formally negotiated or bid service cost. The time and expense of rotation and/or constant yearly bidding is not in the best 4 0 0 Agenda Information Memo July 16, 1982 Page Twenty -Three interest of the City. Regardless of what is done with the checking account, the Director of Finance and City Administrator wish to maintain the current flexibility with investments. The Director of Finance has maintained a top investment portfolio for the City by having the flexibility to deal with several banks and financial institutions. Consequently, the City is the beneficiary of the best rate available with new investments and reinvestments. Both First Bank Minnehaha and Mid America National Bank were noticed of the discussion on the agenda for Tuesday night. It is the recom- mendation of the City Administrator that the City Council consider one of the following actions: 1. Continue consideration of a division _ of change in the main- tenance of the checking accounts for the City until the organizational meeting in January 1983. 2. Direct the City Administrator and Director of Finance to advertise for bids for: a. Payroll b. Checking Accounts. 3. Direct the City Administrator and Director of Finance to advertise for bids for the entire checking account and pay- roll with one institution. 4. Negotiate the best cost for the City with either a combined account or a separation of payroll and checking account with the two local financial institutions. This item is on the agenda at this time at the request of First Bank Minnehaha which has expressed continuing interest in obtaining a part of the City's payroll or checking business. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny action as outlined by the City Administrator in the four points listed above. S-7 0 0 Agenda Information Memo July 16, 1982 Page Twenty -Four NORTHWESTERN NATIONAL BANK B. Northwestern National Bank, Thomas R. Hallbauer, for a Condi- tional Use Permit to Allow a Drive Up Bank Machine -- A public hearing was held at the last Advisory Planning Commission meeting held on June 22, 1982 to consider a conditional use permit applica- tion submitted by Northwestern National Bank to allow a drive up instant cash machine at a Cedarvale Shopping Center location. The Advisory Planning Commission is recommending approval of the conditional use permit. For additional information on the item, please refer to the planning report, a copy of which is enclosed on pages through��- For a copy of the APC action on this item, reter to page !16'. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the APC to approve the drive up bank facility. 0 0 CITY OF EAGAN SUBJECT: CCNDITIONAL USE PERMIT APPLICANT: NORTHWESTERN NATIONAL BANK - THOMAS HALLBAUER LOCATION: CEDARVALE SHOPPING CENTER EXISTING ZONING: CSC (COMMITY SHOPPING CENTER DISTRICT) DATE OF PUBLIC HEARING: JUNE 22, 1982 DATE OF REPORT: JUNE 15, 1982 REPORTED BY: DAVID M. OSBERG, PIANNING ASSISTANT O!Jaft An application has been submitted for a conditional use permit to allow a drive up bank machine in a Ca m=ity Shopping Center District located in part of the Cedarvale Shopping Center. OC MTNNTS The applicant is proposing to construct a drive up bank machine which would be used to get cash instantly without having to leave the car. A drive up bank machine in a Conamity Shopping Center District is allowed as a conditional use. The machine will be located in the boulevard separating the parking area of the Cedarvale Shopping Center and the service road. The applicant has submitted a site plan of the area and also a more detailed site plan of the drive up bank machine area. Staff has provided an aerial photograph of the Cedarvale Shopping Center area to give a better understanding of the potential impact the drive up bank machine will have on the area. Staff would like to point out that this drive up bank machine will be used only to provide "instant cash" and there will be no employees at the facility. Park- ing will not be necessary at the site with stacking spaces for cars provided in the drive up lane. This is not a conventional full serivoe bank that provides anployment opportunities for people in the City of Eagan. If approved, the conditional use permit shall be subject to the following condi- tion: 1. A detailed landscape plan as submitted by the applicant shall be approved and a landscape bond shall be submitted and not released until one year after the landscaping has been fileted. VIE i Ny 9 f Clearance 7 L� L I .7ZA I "AN .14 iffi It, W, Nav 41F, I .100 . . . . Ay v.:e 4, PA 0 NORTHWESTERN NATIONAL BANK - CONDITIONAL USE PERMIT Chairman Hall then convened the public hearing regarding the application of Northwestern National Bank for conditional use permit to allow a drive -up bank machine in the Cedarvale Shopping Center. Mr. Klutz was present on behalf of the applicant to explain the proposal. He noted that 3,500 units are proposed to be placed in approximately a 5 state area. There was discus- sion concerning vandalism and he indicated that the machines could be van- dalized, but there are alarms attached and they are also well lighted. There were no objections. Krob moved, McCrea seconded the motion to approve t"he application, subject to the following conditions: 1. A detailed landscape plan as submitted by the applicant shall be approved and a landscape bond shall be submitted and not released until one year after the landscaping has been completed. All voted yes. N 9S 0 Agenda Information Memo July 16, 1982 Page Twenty -Five PUD AMENDMENT, PRELIMINARY PLAT FOR NORTHVIEW MEADOWS C. Sienna Corporation, Rodney Hardy, for Rezoning from R-3 Planned Development to Allow 85 Single Family Lots and 84 Duplex Lots and Preliminary Plat for Northview Meadows -- A public hearing was held by the Advisory Planning Commission at their last regular meeting held on June 22, 1982 to consider two applications submitted by the Sienna Corporation: 1. To request an amendment to the R-3 portion of the Lexington South Development to allow 85 single family dwelling units and 84 duplex dwelling units on 52 acres, and To consider a preliminary plat entitled Northview Meadows consisting of 52 acres and containing 85 single family lots and 84 duplex lots. The Advisory Planning Commission is recommending approval of the rezoning and preliminary plat subject to the revised conditions of the staff report. For additional information on this item, please refer to the City Planner's report, a copy of which is en- closed on pagesq -) through /0 For additional information on the action to en y -the APC, re er to a copy of those minutes found on pages -lO,% through 110 . ACTION TO BE CONSIDERED ON THIS ITEM: mendation of the APC to approve the and the preliminary plat for Northview 96 To approve or deny the recom- planned development amendment Meadows. 0 0 CITY OF EAGAN SUBJECT: AMENDMENT To THE LEXINGTON SOUTH PLANNED DEVELOpm AND PRELIMINARY PIAT APPROVAL - NORTMEW MEADOWS APPLICANT: SIMA CORPORATION - RODNEY HARDY LOCATION: PART OF THE NFA OF THE NWa OF SECTION 26 - 52 ACRES EXISTING ZONING: R-3 UNDER A PLANK DEVEIAPMWT DATE OF PUBLIC HEARING: JUNE 22, 1982 DATE OF REPORT: JUNE 15, 1982 REPORTED BY APPLICATION SUBMITTED: DALE C. RUN=, CITY PLANNER The first application submitted.is a request to amend the R-3 portion of the Iex- ington South Planned Development to allow 85 single family dwelling units and 84 duplex dwelling units on 52 acres. The second application submitted is a request for a preliminary plat, Northview Meadows, consisting of 52 acres and containing 85 single family lots and 84 duplex lots. (The preliminary plat as reflected on the agenda has been changed to include 85 single family lots and 84 duplex lots.) ZONING AND LAND USE Presently, the parcel is zoned R-3 under the Lexington South Planned Development. The R-3 would allow a density of 6-12 dwelling units per acre. The applicant is requesting to construct 169 dwelling units for a net density of 5.04 dwelling units per acre. The Eagan Comprehensive Guide Plan designates 12-2 for this particular parcel which would allow single family to townhouse development. \The applicant is within the density range of the Comprehensive Guide Plan. The Guide Plan states that zoning supersedes the Land Use Plan, so if the applicant wanted to develop at the 6-12 units per acre density, he would be allowed to construct at the densitv the property is presently zoned. The applicant is proposing to establish a subdivision which would be entirely con- sisting of small single family lots and well duplex lots. What is meant by small is that all of the single family lots are under the 12,000 square foot area as re- quired by Ordinance 52. The duplex lots are also under the 15,000 square foot re- quirenent of Ordinance 52. The smallest single family lot would contain 7,200 square feet and the smallest duplex lot, or one half of the lot, would be 6,000 square feet or a total of 12,000 square feet per duplex. In relationship to the smaller lots, the width of the lots are also reduced for the single family and duplex units. The single family lots have a minumun width at the 30' setback of 50' with the majority of the lots having a 60' width at the 30' setback line. . The duplex lots have a minimum of 40' and normally have a 50' width at the 30' setback. The Ordinance requirement for a single family lot is 85' at the 30' 17 .] CITY OF EAGAN NORIHVIEW MEADOWS JUNE 22, 1982 PAGE TWO • setback and a duplex to have a 50' width for one half of the duplex, or 100' for the entire duplex unit.' As you can see, the applicant is proposing much smaller lots than what would be allowed under the normal zoning. The developer in proposing Northview Meadows is trying to provide the market with single family and duplex dwelling units. According to the Planned Development,, the developer could construct or develop this property at a higher density in the townhouse or garden apartment setting. However, the developer is trying to still provide single family hones and duplex units at a modest or affordable cost vs. constructing the higher density. The policy question before the City is does the City want to provide small single family and duplex lots or does the City want higher density and allow townhouse and garden apartments as the only means of affordable housing. The City, in the past, has allowed smaller lot sizes in different sub- divisions in the City through a planned development. However, the lots proposed within this development will be the smallest lots for single family and duplex dwelling units. The smallest lots approved' for single family have been 7,500 square feet where the applicant is proposing 7,200 square feet. On the duplex lots, the smallest that have been approved in the City are 12,000 square feet with a minimum width of 80'. The proposed lots would be a minimum of 12,000 square feet but would have a smaller width than what had been approved in the past. As stated earlier, the applicant is proposing to construct 85 single family lots, 84 duplex lots for a total of 169 dwelling units. The net density for this de- velopment proposal is 5.04 dwelling units per acre. Enclosed is a summary data sheet for this particular development. CIRCULATION AND CONTINUITY The applicant is proposing to provide access to Northview Meadows by constructing Wescott Hills Road. This road is proposed to be an interior collector street con- necting County Road 30 and Wilderness Run Road. All access to the proposed lots would be off of internal streets and no direct access would be allowed onto Wes- cott Hills Road. The developer is proposing to provide two accesses to the east in order to provide continuity, or street connections, to the property east of Northview Meadows. To the west, access would be obtained to Wescott Hills Road. In reviewing the street design, it appears the applicant is providing a number of cul-de-sacs and eyebrow streets. In order to get the number of single family and duplex lots proposed, the applicant has to provide additional street access through cul -desacs and eyebrows to provide frontage for the individual lots. There appears to be no topographic reasons why some of the cul-de-sacs could not be looped in this development proposal. The developer has proposed the cul-de- sacs in order to get the number of lots he is looking at to develop and also for the liveability for the cul-de-sac vs. the loop street design. The internal streets which are proposed in the Northview Meadows Subdivision are proposed to be public streets. There are a number of streets within the Sub- ' division, especially the cul-de-sacs, which are only proposing a 50' wide right- of-way vs. the 60' width required for a public street. The applicant is pro- posing to plat only one half of Wescott Hills Road with this plat instead of 0 CITY OF EAGAN NORTHVIEW MEADOWS JLIIQE 22, 1982 PAGE THREE 0 dedicating the full rights-of-way required for the collector street. The applicant is also proposing to plat 9.04 acres which will be dedicated to the City for park land. According to the Planned Development agreement, this area has been set aside for park dedication. The applicant may not deed this area to the City at this time because the applicant is ahead of the park dedication for the Lexington South Planned Development. If approved, the preliminary plat should be subject to the following conditions: 1. No setback variances or lot coverage variances should be granted on any lot except for topographic or vegetation hardships. 2. An amendment to the Lexington South Planned Development shall be prepared prior to final plat approval. 3. The plat should be subject to Dakota County Plat Commission's review and conn meets because the plat abuts a County road. 4. A blanket variance or deviation would be allowed to create the smaller single family and duplex lots in accordance with the planned development. 5. All easements shall be dedicated as requested by City staff. DCR/jach a � a�a�• • a •iia e• • 6. The existing 20" trunk water main on the south side of County Road 30 must be extended to the east line of this proposed development and have a south- erly extension through this development for its ultimate connection to the existing 12" trunk water main located on Wilderness Run Road. 7. Wescott Hills Road must be constructed between Braddock Trail and Trenton Trail. 8. Brandywine Circle South must be shortened to conform to the maximum length of 550' or a variance must be granted to its excessive length. 9. The location and elevations of the stub street to the undeveloped property to the east must be reviewed and approved by staff prior to final plat ap- proval. 10. The three cul-de-sacs in the northeast corner should be eliminated through their extension and connection to each other. 11. All public right-of-way must have a minimum width of 60' with the exception of Wescott Hills Road which must have an 80' right-of-way dedicated adja- cent to this plat. A minimum 55' half right-of-way must be dedicated for County Road 30. E CITY OF EAGAN NORTHVIEW MEADGWS JUNE 22, 1982 PAGE FOUR 0 12. Sufficient easements must be acquired to provide for the trunk water main extension along County Road 30. In addition, sufficient utility easements must be acquired to provide for a connection of this development to Wild- erness Run Road. 13. The trunk stone sewer outlet for Srhwanz lake (,LP -32) must be ordered for installation prior to final plat approval.. 14. Sufficient trunk storm sewer installations north of County Road 30 must be installed.to provide adequate storage capacity to handle this proposed development. In addition, the necessary easements providing for this trunk stone sewer installation and the ponding areas must be acquired prior to final plat approval. 15. An 8' bituminous trailway should be constructed along the south side of County Road 30 from the northeast conies of this proposed plat to North - view Elementary School. 16. The necessary easements incorporating the proposed ponding area in the center of this plat of sufficient size and capacity as dictated by the internal storm sewer design must be dedicated as a part of the final plat. 17. This development shall accept its trunk area stone sewer, lateral bene- fit from trunk water main and all other assessments associated with the installation of streets and utilities necessary to service this develop- ment as a condition of final plat approval. TAC/jack ADO 0 0 TO: THE ADVISORY PLANNING CaN!MISSION, C/O DALE C. RUNYLE, CITY PLANNER FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS Olf / DATE: JUNE 17, 1982 RE: PRELIMINARY PIAT - NORiHVIEW MEADOWS 1ST ADDITION The Public Works Department has the following cananents for consideration of the above -referenced plat: Sanitary sewer of sufficient size, capacity and depth to handle this proposed development was installed under Project 241 in 1980 within Wilderness Run Rd. approximately 450' south of the south boundary of this proposed plat. A san- itary sewer lateral would have to be extended north frau Wilderness Run Rd. within the proposed Wescott Hills Road to provide gravity service to this proposed development. Water main of sufficient pressure and capacity to handle this proposed devel- opment was installed under Project 241 within Wilderness Run Road 450' south of this plat and was also installed along the south side of County Road 30 under Project 304 in 1981 to a point approximately 1,300' west of this pro- posed plat. In order to service this subdivision, the trunk water main on County Road 30 would have to be extended to the east line of this proposed plat. This trunk would then be connected to the trunk water main within Wilderness Run Road by an internal "sub -trunk" lateral within Wescott Hills Road to provide adequate pressure and flow volumes. Internal lateral distribution of sanitary sewer and water main will then have to be installed to provide individual service to the proposed development. The general topography of this parcel provides for surface drainage from north to south over a total vertical drop of approximately 90' from County Road 30 to Schwanz Lake in the southeast corner of this proposed plat. The proposed grading plan divides this plat into three sub -drainage districts. The north- west corner of this plat (Braddock Trail and Braddock Circle) are proposed to drain into an internal ponding area with no positive storm sewer outlet. The second is in the northeast corner of the plat (Trenton Road and Trenton Court) which is proposed to discharge into an open ditch onto the property adjacent to the east boundary of this plat. The third area collects drain- age from the internal portion of this plat, directs it into an internal pond with an outlet proposed to be constructed to Schwanz Lake (LP -32) in the southeast corner of this proposed development. As can be seen by the attached sub -district storm sewer drainage map, the northern half of this proposed development is intended to have its drainage directed northerly across County Road 30 through a series of ponds which would ultimately outlet through a future trunk storn sewer to be installed along Wescott Road. The northern portion of this proposed plat is at the tail end of the future trunk storm sewer extension for the central portion of the City /d/ 9 0 Engineering Report Northview Meadows June 22, 1982 Page two of Eagan in District "J" The approximate southern half of this proposed development directs this drain- age into Schwanz Lake (LP -32) which does not have a positive storm sewer out- let at the present time but is currently receiving overflow drainage from Hay Lake in the Lakeside Estates Addition and from South Oaks Pond adjacent to Cliff Road. This trunk lift station outlet for Schwanz Lake (LP -32) would have to be installed through a series of ponds with its ultimate discharge into Holland Lake. EASEMENTS AND RIGHTS-OF-WAY A 55' half right-of-way would have to be dedicated for County Road 30. A full 80' right-of-way would have to be dedicated for Wescott Hills Drive between Braddock Trail and Trenton Trail to provide for proper traffic circulation. A 40' half right-of-way would have to be dedicated for the remainder of Wes- cott Hills Road adjacent to this proposed plat. In addition, the necessary easements would have to be acquired to provide for the extension of sanitary sewer and water main facilities frcrn Wilderness Run Road and also for the extension of trunk water main along the south side of County Road 30 to this proposed plat. This development is proposing only a 50' right-of-way for five of the six pro- posed cul-de-sacs. These should be increased to the standard 60' requirements for public right-of-way. Ponding easements would have to be dedicated for the proposed internal ponding area within Block 5, the dead end ponding area adjacent to the northwest corner of this plat and a drainage easement would have to be acquired for the proposed open ditch across the property adjacent to the northeast corner of this proposed development. In addition, all necessary internal utility easements necessary for the inter- nal utility distribution would be required at the time of final plat. Access to this proposed development would be from County Road 30 by way of Braddock Trail. The development does provide for two stub streets for future extension into the property adjacent to the east line of this proposed plat. The exact location of these stub streets should be refined prior to final plat approval to coincide with the proposed future development of the adjacent pro- perty. As mentioned previously, Wescott Hills Road should be constructed between Brad- dock Trail and Trenton Trail to provide proper internal traffic circulation. This proposed layout provides for 6 cul-de-sacs and 3 "half" cul-de-sacs (eye- brow) for this development. The staff feels that the three cul-de-sacs loca- ted adjacent to County Road 30 could be eliminated as there are no topographic 103— 0 0 Ragineering Department Northview Meadows Jame 22, 1982 Page two restraints that necessitate the platting of these cul-de-sacs. In addition, the proposed 670' cul-de-sac for Brandywine Circle South exceeds the maximum 550' length allowed by our Subdivision ordinance. ASSESSMENTS As a condition of final plat approval, this development should accept its assessments for trunk area stone sewer at the rates in effect at the time of final plat approval. In addition, this development would be responsible for lateral benefit from trunk water main assessments associated with the requir- ed installation and extension of existing trunk facilities to service this proposed development. Also, all costs associated with providing internal streets and utilities to service this development would be assessed against this property. TRAILS AND SIDEWALKS With Wescott Hills Road anticipated to be a collector road, it would have a sidewalk constructed on one side, and it would be recommended that this side- walk be constructed along the west side at the time of future development or whenever Wescott Hills Road is upgraded to its ultimate design section. It is also recommended that a bituminous trailway be constructed along the south side of County Road 30 from this development westerly towards Northview School. I will be available to discuss any aspect of this report with the Planning Commission at their meeting on Jane 22, 1982. Respectfully submitted, 7hcmas A. Colbert, P.E. Director of Public Works TAC/jack. 103 _ v . (11W ID Af10r 1J�� I 9!T OP -6' '-S 71.7- ix. De 8690 L' '60 L.S-6 OP -4 668.0 L.S. Y�NNf fl B71'QL 90rp -tic +I 1 l J9 rBB20 —717 iNE EP_ S6G0P-.3 OP -11 BSO. B70I ,,ai1�z�-;• GP-6 8620 977,3- RD 7__;18 ep--- E_dv 4811 �_��_�� �_.._ 4i.39 —00e WESCOT� �NILLi/� 85/.0 iDP-9� wESCOTT ^�; 864.0 55 �/ I 6ARDENE B�I,_ LO r3vP-l4� \, 1\�SC.[TP 0 d� JP'3~� SB7'dj' m1 m ` 860.0JP '1..��.._�. ISNINq\ �� \839.0 Ir 8860/ "1 AOL4 \ B9 ,0 I: )__JP -39'. 868.0 913.7 JP -44 .r:J JP -31( y B92 1Gta 1I �• iJ' ��it _ __—__ . �_'A—._J- fI1♦— —7 —38 ;/J�:z. ZP���9@�IO 896 c _. An- —Ji,_Hm:I.;I . i - J. -nxr 'Er{. �/ vIjp.�•q: � r'f BGBBBPBi-.400 .. I I\ I /L 6023' \n• z FIP-35 B1Q0 L.\ l n 1669.4 Cn� JP -34 3 / BOOD r ,y B724 6>•.I-7•lz ix' 8040 B90D J-2 (� 4 e ' � J 7 PArmcK �•� rte' J r �J'• JP -22 \ =1 JP-2I41� �� JJP4 jj} �p `I --619.9: 1• -4GAN v' P I 821.0_ I (•"843.i�� OO xL�P iB6lD JIP7:2 YI �\pr 816.0 \ / 8ZjJ BP- o z 927.3 0 B/9.3 a0 _ Y��6 i3y \` 9x0.0 „ I P-2 Ir � i e04 LP=44 LP -43 ` " ^'I } 9000 Jumroa§ 3Jetl. 4o s•a+9.a 85;.6 " I `: I _ �7b13.0. 8530 1l .. 1 c 83501 2 r - �JP 12,0LDC 680 9 r ` SIDD',` jJ-80. •1 HORN CU �d27r hfn —.+:aw o.Dl'L1Y� 1l\�. ��_ '-u ; rJ LP -32 _LP -40 _ 9i o .� m �•N 898.0LP- _ P -SA ,1,Y•'... n As Lhb*1%N L5 28 884 0 � - 90JO _ `—_ "' 992 0 - 884,4 _ 9170 v �� C8880 . ..... 899080 s I 24 P9�-2`4ry'�y^§r9�09'L.^D •` �LI 9P1rLLP70-55' 4";4�=L•,�-d"-•r9'�fe. (0 .D_7.%, It",' :t r1rE5 B•P9I _BJ CP..-.SVI/- �QL����\�2'�( I�8• __i/(L�4C—\\L�PJ\\-44L69P5 070 9000 3 8955 LP -3 ! _ L9-' P09301 ".'39 6662 9070-- (xN- P�y •II I' LP -'3 : ��eJ• ��__� ?)�Yi.J.:=-'._-r']el1=L_=f_�,� rx. 1 -l1•Q-2\-•8880 1 LP -29 908CJ9200 -1LP-34 •]F.LP47 9/61 80680 6B790 9010790 7 BDO LP-49LP-3( 67Lz_9160 8810 -LP-35 L5: 26 rte' LP�--- .- V" r v 6620 8630 b4' 8610 8510 ✓ - � gnu I 1 a?,^i'Y :. r j 9156 .J' LP -39 \�.i r 9/10 •1 '661 3 LP -45 87J0 O % OrA rl eB23 LP -25 / 9260 •e -/ COUN rY LP90221.3 PAR .t E 9040 LP- ZC, 4 014.2.�92JLP-2\J LP -27 �—J s228 odd z T y I 1. TYPICAL SECTION. ALT. "All SITE DATA min .n 4u u1 m.. 1014 4. p.u. n 1 nu. 14 .u- 14 up. m1 1111 14n11 tl p1µ ¢ p. Y. ¢ 1014 401. W. Yl. �vlm. e1.11ue /B./ Jr.DX A4 gg 11, m, wrr 0411 /la K.o . da HT% .!b 14-1m, PRELIMINARY PLAT F NORTHVIEW MEADOWS EASTERLY PART OF PARCEL 10 OF LEXINGTON SOUTH P U.D. / y AS APPROVED •t•/ CITY OF EAGAN. MINNESOTA FOR '•'` J14ES C¢RNY I i., - .B I WPEN TERRACE ' EDINA. UN 55435 I',; e n1¢ uu. Jl0 ¢. - • � T• . 11r1pw• Dr ¢, JUNE 4. 1982 j ,1 rm ae ¢. 141. 8 /••Jl4 � /.. a 11'j111 ¢I ¢nDl• '•LOT pC/A. �.. // / .• _ p � "' � ��-s . / D act,➢- r dd - .' .rl-'1. 1 / ore -�'-%� .' :..J - ., r\�° J'.• i••T,•\�}oy•J•I 9'-'�,'•qi -13 �1QD o - : 6 DOOCK'-._ \ !\B, •. r el 1 \ `�'r•-�,'.j?ij I �•1�:. Cry\'('%z-4-+. Fc I�, � r .I.� I. g 1 4 '�;1 .�� � � i , : V1.,'.�� I� li La le..� �:•j �� I ^eZl • r� ' 9 �" :) - :. 1 ^.; • y '. 1 VALIGY_ FORGE Lam` F;��•, l o' �' �_.1 h •, I ��", n ✓ � , '' ,�.. v'...1 '-�- � 1, ;� I-:`• � i I 1 � /. - L• r •' 1 TRENTON: RD. , ,': "-._Q":.C7, / i! �'/..�:.\�•'r'`� I I' �' `fie ` '' ------ .- . � - � . 1 1, :`� -�p��. :� �;,% � _ `.\`,11'11 �I111 � \D� `•-__-_ �,� ...-.. e,'a .�w%wui �_ �`Q-�,10` � '/%, .'/,�•1111:I11r'1i;1 1 D �_�� _.. ._.. ,�' .��L_�` '- '1�b'�—F-=aP;'� ,ii•..',Il{�{�I��I��i 5 �°I '--: - - --- L�L7 �=Sii MENUUrA .His. GB. 1� un°wwtlr rrn �lP Ind COMMERCIAL rr_ a `�' I' '=-•"I :'- i' �+;E t.•l•u}. ,J� .''!! ,! PLANNED DEVELOPMENT '-� ' aty '� tib 4 i. I• - ! .�`++I" E �I. .III '• ,-•-Ill --.\ °R -II '. _ --.. lnd RAI Ila awq V _amu r .orl 05 — _Ind, �0 R&D } •R -IV r7 R-111 C 11 Ind Ind R-Ih p "`R -II NB — =LB—I - R-111iR IY -[ R III R -III n �i o +�. R -II i CS P. •- CLF w n'Ind. r >��I�-- i R-11 p ' Rillr` •• F /aa, R -I ��{_+ E. Ind Z.— HALL R -II gP R I R -II a UpJ J R�II N 'y:P4r J I; s _ R -II rR 1 RD 73 "f p .© RI "i•-� R -I I O LB N �:o- �% � • • I� E. R -III RB R n . R-IIY R'lll' RI+ .fide , +'i�\ %:. R-4II CSC/GB/ R-illq. �q - t-"�,: ',,tiRl id. * _ -- - SII ^r• R -II i Y.• n R. R -II R-11 R -II' R 11 ' R -I.,. R-1 csc 7 LB r% PST R -I ;IIINR-IR1 .(i PK y�W ..a:� �:h"PK'>yL Sub�ecf AParce . PF j PF q i a A yl WI QI � OL PD = 1 14-1 ~' 0 Aw o zi i , ( - ----- -- hQ K- ] K/ -PK E R R- I R-1 U OVE HI • ')�y.t• i=•H" �..�. �•,p 7:.3 -slay r. 1 ')i -`. i:� .:. W.. ,)j j... J]�j, i;,V ,✓J il�,i.;'.j'ir ^':.=W' R .:`,J; �'•.J.�.�.� V ':i,J,r�,., ii. S.1'11.-3,, .yr /p.irtl.�J.: .'-]�.] ... './' ).� �.`I�Ya..-'�.-!•n1. N -,L Y J � /P1 � i; �')f S•.y y '`' � J)y� J -�jl .,'.�.'lj :'J itis �'L ;: / '•15 �):. '•mit.-a'�j��• '��i �l f� ��). I)3:••.J J)�•�!Z)•�•�•. ..'j: 0 0 NORTHVIEA MEADOWS - LEXINGTON SOUTH PD The hearing regarding the application of Sienna Corporation for an amend- ment to Lexington South Planned Development and preliminary plat approval of Northview Meadows consisting of 85 single family dwellings and 84 -duplex units on 54 acres was next considered. Rod Hardy appeared on behalf of the appli- cant as did Bill Brzinski of Suburban Engineering. Mr. Hardy discussed the proposal, including the Wescott Hills Drive extension. He stated that the first phase would be completed within the next two years and there would be a looped water main, the cul de sac initially proposed to exceed the 550 foot cul de sac limitation would now comply with the ordinance requirements. Certain neighboring property owners were present with questions particularly concerning the park dedication, noting the park will not be dedicated at the present time. They also recommended the Golden Meadow Road be dead ended and that no utilities be installed east of the development in Golden Meadow Road. The City Staff recommended right-of-way to provide for Golden Meadow Road in Northview Meadows, but that it be stubbed to the property line at the present time during the development of Northview Meadows. There were questions con- cerning the reduction of lot widths in planned developments and it was noted that there have been a number of other planned developments where the City has permitted reduction below the minimum for the specific type of residential use. Mr. Hardy stated that the minimal house size would be 962 square feet in single family and that cluster homes are not being planned at the present time. There were also questions from neighboring owners regarding the water and storm sewer assessments and it was noted that the Council will determine at the public hearing, whether there is benefit to adjoining property owners for the installation of utilities. There also was considerable discussion concerning the single car garage proposed and a suggestion that there be two spaces for two cars on the approach pad to each garage. Mr. Colbert recom- mended the three northerly cul-de-sacs be removed and through streets be installed but the developer stated that this would be greater cost and less land efficiency if the cul de sacs were connected. The estimated sale prices on the single family houses would be about $67,000 to $73,000. Members McCrea and Wilkins recommended Trenton Trail and Trenton Road be connected with each other to make more continuity in the street layout. Member Krob recommended the City review the construction of the homes very carefully and was also concerned about the single garages and recomended two driveway approaches for each residence. After lengthy discussion, Wold moved, Hall seconded the motion to recommend approval of the application, subject to the following conditions: 0 log 0 0 APC Minutes June 22, 1982 1. No setback variances or lot coverage variances should be grantd on any lot except for topographic or vegetation hardships. 2. An amendment to the Lexington South Planned Development shall be prepared prior to final plat approval. 3. The plat shall be subject to Dakota County Plat Commission's review and comments because the plat abuts a County road. 4. A blanket variance or deviation shall be allowed to create the smaller single family and duplex lots in accordance with the planned develop- ment. 5. All easements shall be dedicated as requested by City staff. 6. The existing 20 inch trunk water main on the south side of County Road 30 must be extended to the east line of this proposed development and have a southerly extension through this development for its ultimate connec- tion to the existng 12 inch trunk water main located on Wilderness Run Road. 7. Wescott Hills Road shall be constructed between Braddock Trail and Trenton Trail. 8. Brandywine Circle South shall be shortened to conform to the maximum length of 550 feet. 9. The location and elevations of the stub street to the undeveloped property to the east shall be reviewed and approved by staff prior to final plat approval. 10. The northerly two cul-de-sacs in the northeast corner shall be eliminated through their extension and connection with each.other and the Third cul-de-sac may be eliminated if it fits with a reasonable plan. 11. All public rights-of-way must have a minimum width of 60 feet with the exception of Wescott Hills Road which must have an 80 foot right-of-way dedicated adjacent to this plat. A minimum 60 foot half right-of-way must be dedicated for County Road 30. 12. Sufficient easements must be acquired to provide for the trunk water main extension along County Road 30. In addition, sufficient utility ease- ments must be acquired to provide for a connection of this development to Wilderness Run Road. 13. The trunk storm sewer outlet for Schwanz Lake (LP -32) must be ordered for installation prior to final plat approval, subject also to staff approval and recommendations. U1 0 0 APC Minutes June 22, 1982 0 14. Sufficient trunk storm sewer installations north of County Road 30 must be installed to provide adequate storage capacity to handle this proposed development. In addition, the necessary easements providing for this trunk storm sewer installation and the ponding areas must be acquired prior to final plat approval, subject to staff recommendations and approval. 15. An 8 foot bituminous trailway shall be constructed along the south side of County Road 30 from the northeast corner of this proposed plat to Northview Elementary School. 16. The necessary easements incorporating the proposed ponding area in the center of this plat of sufficient size and capacity as dictated by the internal storm sewer design must be dedicated as a part of the final plat. 17. This development shall accept its trunk area storm sewer, lateral benefit from trunk water main and all other assessments associated with the installation of streets and utilities necessary to service this development as a condition of final plat approval. 18. Wescott Hills Road street name shall be clarified so as to avoid confusion with Wescott Hills Drive North. Wilkins then moved and McCrea seconded the motion to amend the motion to require a connection of Trenton Trail and Trenton Road and the elimination of McLaren Place. Those in favor of the amendment were Wilkins and McCrea; those against were Hall, Turnham, Krob and Wold. Those in favor of the main motion were Turnham, Krob and Wold and those against were Wilkins and McCrea. 110 0 0 Agenda Information Memo July 16, 1982 Page Twenty -Six SETBACK VARIANCE - ORRIN THOMPSON HOMES D. Orrin Thompson Homes for One Foot Variance from the Ten Foot Side Lot Setback Requirement for Lot 16, Block 2, Johnny Cake Ridge Addition -- A public hearing was held at the June 22, 1982 APC meeting to consider an application submitted by Orrin Thompson Homes for a variance of one foot in the ten foot sidelot setback requirement for Lot 16, Block 2, Johnny Cake Ridge Addition. Action was taken by the APC to approve the variance request and to recom- mend the same to the City Council. For additional information on this item, refer to the planning report, a copy of which is enclosed on pages�a. through 11y- for your reference. For action that was taken' by rear to a copy of those minutes found on page jj& . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the APC to approve the variance request of Orrin Thomp- son Homes. SUBJECT: APPLICANT: LOCATION: EXISTING ZONING: DATE OF PUBLIC HEARING: DATE OF REPORT: REPORTED BY: APPLICATION SUBM17TED 0 CITY OF EAGAN vAR7ANCE - SIDE YARD SET$AC< ORRIN THOMPSCN HOtISS LOT 16, BLOC( 2, IaWy CAKE RIDGE ADDITICN R-1 (RESIDENTIAL SINGLE DISTRICT) JUNE 22, 1982 JUNE 15, 1.982 DAVID M OSBERG, PING ASSISTANT An back icpre4wremen lication has been i sted for a variance of 1' f Lot 16, Block 2, Johnny Calve Ridge Addis 10' side lot set_ In the staking of the house an error re._ Of thside e house has setback at ' side of thet applicant resulting in a 9' the leftby an 11 cause a A diva,„ o e house Yaris C os�a� n 10 is 1' over the r�iremen- house. Me front left Portion tided. the lot to the lot �- bY the �Alicant for review.. and the location of the fie• a variance is applicant Outliningso have been utumtted be subject to the ollowi:nr Os�t c�ianceOns:.Is a If aPProvedletter staff recL �sfrom the the variance should 1• No other variances shall granted for the lot or the house. 2. All other applicable ordinanres must be followed. �/]ach r PROPERTYSURVEYS SUBDIVISION DESIGN TOPOGRAPHIC MAPS 0 4P C.R. WINDEN & ASSOCIATES, INC. 1381 EUSTIS STREET, ST. PAUL, MINNESOTA 55108 645-3646 June 10, 1982 Mr. Dale Runkle City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Dear Dale: Enclosed is a Certificate of Survey for Lot 16, Block 2, Johnny Cake -Ridge Addition. We are requesting a variance of 1 foot of the required 10 foot sideyard minimum. Although the lot is large enough -to position the house, we made an error in staking that resulted in the 9 foot sideyard distance instead of 11 feet at the left rear portion of the family room. The 35 foot distance to the adjacent dwelling to the West and 38 feet to the Easterly dwelling should be more than adequate. A list of home owners lying withing 200 feet of this lot is also enclosed. Please inform us of the date this matter will be discussed by the Planning Commission. MTK/kk Enclosures Very truly yours, C. R. WINDEN & ASSOCIATES, INC. Mathew T. Kytonen 113 ' • • •� �� For: U. S. HOME CORPORATION 3 C. R. WINDEN & ASSOCIATES, INC. LAND SURVEYORS TOL 645.3646 1381 EUSTIS ST., ST. PAUL, MINN. 55106 Drain p92 �, �/fri/�y 1,-7_f-0172-0171 Scale: 1" = 30' e Denotes Iron Exi5fn*79 # 1637 I I ni O '^ 10 o O O� 105.94 Lot 16, Block 2, Johnny Ridge Addition, Dakota Z19NE County, Minnesota. WE HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE LAND ABOVE DESCRIBED AND OF THE LOCATION OF ALL BUILDINGS, IF ANY, THEREON, AND ALL VISIBLE ENCROACHMENTS. IF ANY, FROM OR ON SAID LAND. Dared this 27Fb day of fg0/"/1 A. D. 1982 C. R. DEN 6 ASSOCIATES, INC. House Loca,'ed June 7, /9B2-C,P•y ` by 11Q Surveyor, Minnesota Registration No. 7726 ,rmlg 6324 _ I O _ O i �10 5� ' I I I I I I 26 I 1 I m # /643 I 1st I N 317 I 22.3 ° i•p,erhono Scale: 1" = 30' e Denotes Iron Exi5fn*79 # 1637 I I ni O '^ 10 o O O� 105.94 Lot 16, Block 2, Johnny Ridge Addition, Dakota Z19NE County, Minnesota. WE HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE LAND ABOVE DESCRIBED AND OF THE LOCATION OF ALL BUILDINGS, IF ANY, THEREON, AND ALL VISIBLE ENCROACHMENTS. IF ANY, FROM OR ON SAID LAND. Dared this 27Fb day of fg0/"/1 A. D. 1982 C. R. DEN 6 ASSOCIATES, INC. House Loca,'ed June 7, /9B2-C,P•y ` by 11Q Surveyor, Minnesota Registration No. 7726 ,rmlg / 7 7- ; 3 �? / I A' G c — SAFARI N LE AT _ Is I E j R- I R-1 I' A A A A A R -I T1 7F]� - Jo R-1— RI LI I ADQ�TIQN R-3 R P4rcel R-1 = y .t• I 5. j PK1). , �• )�)} Y, .:J �•}.rt.J, j!�3Tv i ,,�.) ;.. \:v��T �r`� J'-�.jJ 4a niYJ1 -Jf) ]): .IJV ��•; ,. .% J J S•`]+.� Yr.>y{Zl �� � /� J'''I•i� :! J. j .a. � .i ���V\ ): dJ J'� / j2��> �J �v%j ySY J i�.J.�. J •l a•'�� J1i'i .)`�+ Ji l,•!J `! - J .�.)r�\ fi.(:)Jj) JJ =.w.1 }> }�J) Sv:.?�)") • J). `3, ) f+' ,�+`S.l)y� ;) )�,) it 3 w.�i y�i'..i�), ' �.0")• `3�r• �'.::}i ��')�(�i �4+'\ij j' J .i'a� %�yl. �.)• i !J.�) J. dJ ,�Ji AJ ... Lam' R) J >." • J ),11 J.. J:.) i y�aJ N„ y J ,J�. "�+ �,� jJJj.�• aij a J -w :J• i iJ J.: �) � yr)J a.yy,. A: \J"�!�Al. r 7 . �t \ :!i \ O Jai - `.3 � a J:'j•J,p.JJ. Lr -moi ]� )� JJfjJ w i� \'S.3'.i ?'-ZA7 � U JJ ,r'• } N.s, j_ "7 } , J r,.5• \ r�j J{�J'"� !'` , J J J.i j) , S•'1J � • y"�'r'.T 1J.! rJ.{ �•�i, .i)�y\,}+Ja'��l) �) i. J�:�ti�•.) .). '�.; J}) y.,iJ ��:�: ? �t,V .} r;J..�J �', J. 3 r JJ JZ) : rJ. JtJ�'J) \1 � •r ^)./: qJ: \� \+. �, ,., J.; \ ♦Mwi \ .J.li J % ): JJ )(! � •3 rJJ )•.y .) i.+. f . i -• >•Jl• ..tJ� r}a i:�J .i v1 J •�3i D f• NJ%I:.7. ., ' •t)J'*)� J.w':�l't .� �') '�`� .1+.i3 . ,o �+ .i. ��A{.`.f }. • / I P _ lis -' rI 0 ORRIN THOMPSON HOMES — VARIANCE The hearing regarding the application of Orrin Thompson Homes for a variance of one foot from the 10 foot side lot setback for Lot 16, Block 2, Johnny Cake Ridge Addition was next considered. Mr. Kim, a representative of Charles Windan Surveyors was present and indicated a mistake had been made at the time of the survey for the building. There was no objections. Hall moved, Wilkins seconded the motion to recommend approval of the application, subject to the following: 1. No other variances shall be granted for the lot or the house. 2. That all other applicable ordinances must be followed. All voted in favor. ll6 0 0 Agenda Information Memo July 16, 1982 Page Twenty -Seven AMENDMENT TO ORDINANCE #52 - MOBILE MANUFACTURED HOUSING E. Amendment to Ordinance #52 (Zoning Ordinance) Regarding Mobile Manufactured Housing -- The City Council may recall that the League of Minnesota Cities sent out an action alert regarding legislation that was passed to allow manufactured homes within all residential districts. However, the law did allow cities to amend zoning ordi- nances to address certain conditions for allowing mobile/manufac- tured homes within certain residential zoning districts if ordi- nances were amended prior to August 1, 1982. Otherwise, the City must administer and interpret the statute directly without any consideration of an ordinance amendment. A public hearing was held at the June 22, 1982 APC meeting to consider an amendment to the zoning ordinance which allows special conditions for manu- factured homes and it was the action of the APC to recommend ap- proval of the ordinance as presented by the City Attorney's office to the City Council. For a copy of the amendment, attachment and a letter from the City Attorney's office explaining the mobile manufactured housing statute and action the City of Eagan is allowed to consider, realising the guidelines of the statute, please refer to pages lilt through /2.1 For action that was taken by the APC, refer to page /2 X . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the APC to approve an amendment to Ordinance #52 regar- ding mobile manufactured housing. 10 CITY OF EAGAN Amendment To ORDINANCE NO. 52 - ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA DOES HEREBY AMEND ITS ORDINANCE NO. 52, RECORDED WITH THE COUNTY RECORDER AS DOCUMENT NO. 451928, AS FOLLOWS: SECTION 52.07 - Subd. 4.A - PERMITTED USES 8. Manufactured homes (other than mobile homes) as defined by Minnesota Statutes Section 327.31 to 327.35 (R-5 only). SECTION 52.07 - Subd. 5.A (chart) See Exhibit "A". SECTION 52.07 - Subd. 5.H - UNIFORM BUILDING CODE All homes built in a residential district, other than R-5 must meet Uniform Building Code Requirements. Manufactured homes as defined by Minne- sota Statutes Sections 327.31 to 327.35 will be allowed in R-5 zones when constructed in compliance with the said Statute. ATTEST: E. J. VanOverbeke, City Clerk Original Ordinance dated: This Amendment Adopted: CITY COUNCIL - CITY OF EAGAN BY: Beatta Blomquist, Mayor Amendment Published in the Dakota County Tribune: 1 IN r MINIPRMi AREA, SETBACK AND HEIGHT REGULATIONS (Also See Section 52.06, Subdivision GC) ry FRONT YARD OR SETBACK ALONG SIDE -YARD SETBACK REAR YARD MAXIMUM GARAGE OR SYMBOL USE DISTRICT LOT AREA LOT WIDTH PUBLIC STREET DWELLING ACCESSORY SETBACK HF.IC,HT UNIT STRUCTURE LIMITATIONS R-5Mobile Homes see Ordinance 2. Manufactured Home Shall be constructed acc rding to the stan ards in R-1, R-2, R-3 or -4 district, • depending upon the desig of the proposed levelopment. • PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Thomas Hedges City Administrator Eagan City Hall 3795 Pilot Knob Road Eagan, Mn. 55122 Dale Runkle City Planner Eagan City Hall 3795 Pilot Knob Road Eagan, Mn. 55122 HAUCG. SMTH. SIDE & HELLIM, P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 39Oe SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 June 11, 1982 AREA CODE ell TELEPHONE 454.4224 RE: Mobile Manufacturing Housing Dear Tom and Dale: Effective August 1, 1982, Minnesota Statute 462.357, Subd. 1, is amended regarding the zoning for mobile/manufactured homes. It is not clear what type of zoning ordinance will now be in compliance with this statute. The prblem arises in the following wording: "No regulation may prohibit . . . manufactured homes built in conformance with Sections 327.31 to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section." The problem is that the word "regulation" could apply to any portion of any provision of any district standard. This position is supported by the change in the law regarding counties which is worded "no provision" rather than "no regulation". This would imply that any district zoning regulation cannot prohibit a manufactured home which complies with the applicable statute. The loophole is that the home must also comply with other zoning ordinances promulgated pursuant to this section. This loophole appears to leave open the possibility of restricting the construction of manufactured homes to other design standards allowed under the statute. The design standards that the statute allows regulation of are location, height, width, bulk, type of foun- dation, number of stories, size of building, lot coverage, lot size, open space, and density. Thus, a possible method of preventing the allowance of mobile homes in most residential districts would be to require a minimum width for all houses. As indicated in previous discussions, however, this may be a problem in that the newer double wide manufactured homes may be wider than homes that people may want to build through on-site construction. It appears that it may also be 1a,0 Thomas Hedges Dale Runkle June 11, 1982 Page 2 • L Possible to construct a manufactured home on the same type of foundation as an on-site home. After analyzing the statute, it is our impression and that of the Minnesota League of Cities that the intent of the statute is to allow mobile and manu- factured homes within all residential districts. However, by putting in design specifications relating to roof design, square footage, width, founda- tion and siding, certain types of undesireable mobile manufactured housing could be eliminated from most residential districts. Our office, at least, has found proposing such design standards quite difficult and apparently, so have other cities which have taken a different approach. One city has merely set up a special housing district which allows a mixed use including manu- factured housing. Another city has set up a special district only for manu- factured housing applying design standards to the manufactured housing. An- other city has allowed a manufactured housing (not mobile) in all residential districts but applied design standards only to the manufactured homes. It is our opinion that each of these three methods is contrary to the intent of the new statute. The statute appears to contend to prevent discrimination against manufactured housing while most of the methods described apply special standards only to that type of housing, resulting even in possibly more dis- crimination. Not being comfortable with drafting design standards which would effectively eliminate poor quality types of mobile manufactured housing without preventing the new types of high-density construction the City has been experiencing, we have attempted to draft the ordinance to use the Uniform Building Code as a restriction to prevent certain types of mobile or manufactured housing con- struction in certain residential districts. Again, it is not clear whether this type of restriction is proper in light of the intent of the statute in that mobile and manufactured homes are not required to meet Uniform Building Code under Minnesota Statute. If the intent of the statute is not quite so liberal, this proposed change in Ordinance 52 may meet the criteria in that it does provide for districts for both mobile and manufactured homes within the City. DGK:ras very truly'yours, HAUGE, SMITH, EIDE & KELLER, P.A. David G. Keller 0.� t J • •SUBJECT TO APPROVAL MINUTES OF A SPECIAL MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JUNE 29, 1982 A special meeting of the Eagan Advisory Planning Commission was held on Tuesday, June 29, 1982 at the Eagan City Hall commencing at 7:00 p.m. Those present at the meeting were Chairman Hall, members Krob, Bohne, McCrea and Wold. Absent were members Turnham, Wilkins and alternate Mulrooney. Also present were City Planner Runkle, Intern Elizabeth Witt and City Attorney Paul Hauge. Chairman Hall announced that the purpose of the special meeting was to consider several ordinances that had been scheduled for discussion at the last regular Advisory Planning Commission meeting on June 22, 1982, but due to the late hour, the Commission continued the consideration until June 29. Chairman Hall reviewed a letter from Michele Foster of. Rauenhorst Corporation dated June 28, 1982 requesting more time to make further comments regarding the proposed ordinance revisions. Several developers and others were present at the meeting and had comments concerning, particularly the subdivision ordi- nance. In addition, other interested persons, including developers have contacted the staff and asked that additional time be given for further review and comments on the ordinance changes. ORDINANCE NO. 52 - MOBILE MANUFACTURED ROUSING A draft letter dated June 11, 1982 from the City Attorney's office and a proposed amendment to Zoning Ordinance No. 52 regarding Minnesota Statutes 462.357 Subd. 1, adopted by the 1982 Legislature was reviewed. It requires that citys shall come into compliance with the statute whereby no regulation shall prohibit manufactured homes that comply with other zoning ordinances by August 1, 1982. There was a question as to whether the Uniform Building Code would provide for mobile homes only. After discussion, Hall moved, Wold seconded the motion to recommend approval of the revision to Ordinance No. 52, subject to a determination as to whether the Uniform Building Code has special revisions relating to mobile homes only. In that event, then a revision to the Ordinance should be required. All voted in favor. ORDINANCE City Planner, Dale Runkle, indicated that a committee consisting of Planning Commission, Council, and staff members has been meeting periodically for about 2 years to consider a complete revision to the Subdivision Ordinance No. 10. A draft has been prepared and has been distributed to the Planning Commission and to some interested persons. Planning Commission members rebom- mended that a resume' of comparative provisions between Ordinance No. 10 and the proposed new Subdivision Ordinance be submitted to the Planning Commission and that it be considered during several meetings in order to allow interested persons to make written and verbal comments. Steve Ryan of Zachman Homes was present and had numerous comments concerning the Ordinance, including the following: Agenda Information Memo July 16, 1982 Page Twenty -Eight HELICOPTER PAD - LAKE PARK ADDITION F. Discussion Regarding Helicopter Pad in a Residential Subdivision -- The City has received a complaint from the owner and developer of Lake Park Addition, J. E. Parranto & Co., regarding a helicopter pad that is presently located partially on one of the lots described in Lake Park Addition. The helicopter is operated by John F. Cedar - berg, who owns a parcel of land that is defined as an exception to the Lake Park plat and located directly north of Lots 8 and 9, Block 2, Lake Park Addition. The lot is owned by John F. Cedar - berg. J. E. Parranto and Company is complaining that a helicopter flying in and out of a residentially platted area is: Of concern to the residents in the area as to their health, safety and welfare, and 2. Is a detriment to the residential integrity of this subdivi- sion which apparently has jeopardized the sale of lots by J. E. Parranto and Company with the helicopter in operation at that location. A picture was taken by a representative of J. E. Parranto and is to be included with the administrative packet on Monday. John F. Cedarberg has been noticed of the meeting. The City Attorney's office has researched this issue and it becomes a judgment of the City Council as to whether there is an endangerment to health, safety and welfare of a platted area of residential purpose with ongoing flights of a helicopter. The City staff is requesting direction from the City Council as to how to handle the complaint raised by the owner of Lake Park Addition. ACTION TO BE CONSIDERED ON THIS ITEM: To direct John F. Cedarberg to make application for a special permit, deny the helicopter loca- tion in a residentially zoned area or provide some other direction to the City staff regarding this issue. Enclosed on page 2�} is a copy of that portion of the Lake Park Addition plat w is illustrates the exception and location of the John F. Cedar - berg home. 7- 3 m 750.00 • NO°35'13°E '. ti 70 142.00 f 0°2 SSS ,.:-O 277.30 ol1 s3 3/ w cw o EAST LINE WI/2 OF SWI/4 OF SEI/4 SEC.'28 4p N, -� Q"�O'+-Jrq gGf 01 yw rZ9 /d WEST LINE 500.00 NO°26'33"E —�� = I I Nzo°42�z % RASMUSSENADD. lb a1i a rn P _.m ati ow I I I - O x+06 f �� �, I zndw r CA/ I o ^ o F 11 i , .fav : !�, w° a, C 0y WEST LINE RASMUSSEN ADD. / A �° 0 t. r_ ND N2. I � ga ZD 1 1 500.00 , m w�\3N11°01'13 111N ( i I, w'w 9 m� �W 280.00 NO°26'$3°E �' y :. woo- o- I +I ni (� � s. ?0.00 NO°26733"E , ° I1 d 1� 9.4 -^l 60.574 \ N b \ a :7 ,\C-99.03- / } oz I ? of ? /i \ 1p6 I I I ', 0\0b0 - 2x76H ' Op I mC • 101.54 \\ S/ •p.tnt:\5°Z /: 1 wv\• �a `-� a t . m. m pi - Co N / 2s. \/ p c7 0'. °y\sof 5 5a'a3 .90 L 90.00--1 I- 85.00 q,- �, oO w \•�Q��. 3�ti1 w e2e2as t''- 5642 1?1 m ° N VIN E. S ,,.J�a5 . O•a58°46'24..w01-aa"�\F• :c .Tzso.00No Iz'ofi'W '��._ . (7 faOr . 4 s a p•. \ ,Js3� u°' W�m O a o° s a F �j6 \ % °'3z . r. - o / �-p Ngo 000, in 1 a \ do y 233q, - 'O� sm d0 ^," _ (A\ /°yo�y i82o3'063.00 Z i-120.00 Z—OP .red' N �/ (p\ \ \i/ V. 1. ,a uLr moi., . i'V pO �> �A ro8.,�.� vtpa,-"CV o \ '.1 �.. •_..,.z ",_ a 1114 �0 9 ,Qo 904 �� T B , z DO 3 .11E n I' J s`S90 \�6iypra4't�� u� K'" 0°� a\/� \;'/O� f O,Li I A0 CD o� X J see/e\ 2i'3"3 m pl F d d L / a\y' O n :., I: I :.. r 220.00 i',. �� �i l o D° 'ip \ cy -V\' \ ra' I -120.00---I NO j --145.00- -'iv I rl W ati 4`Q CAI�/ po\ \v yZpZo`�IN-NO°12'06"1N, rri CD m 40 a N v I y A� lid .o'. \ 2 O- OD CD N'w2tia. O a`•0 °o�+ro°�I . 'mI i4 8O51 pa.6 '\ p�°\ 4°630°�9q1II 371.Z1 NO-17'54"E p—'rW--198.20— 12T`3mo1i6� .080 yr L a<e 51a iOw Wa0 �' 8^o °'go ~ mbom �,1, r��' zmij O 3m<o 0 zss o �o 1. Ni .0-i a °28M-1 - 4\o mN o`-C coo - 61° N645.00- 4S 0195.99be%0 4675 13N\,w 0 O my O =.. O 1' 216:63 O 66.60 `,---195.76_i_J L_-- '248.00___=1I,_r —322.13 1315.74MFns ..,..._ __u_� 2 0 Agenda Information Memo July 16, 1982 Page Twenty -Nine CINNAMON RIDGE 3RD ADDITION FINAL PLAT G. Final Plat, Cinnamon Ridge 3rd Addition -- The City has received an application for final plat approval for the Cinnamon Ridge 3rd Addition. This final plat is in conformance with the previously approved preliminary plat. All conditions that were placed on the preliminary plat approval have been satisfactorily complied with. This final plat is now in order for consideration by the City Council. A copy of the final plat is enclosed on page 13.6 for your information. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the final plat for Cinnamon Ridge 3rd Addition and authorized the Mayor and City Clerk to execute the required documents. 1a5 TO HAVE A BEARING OF SOUTH 89 DEGREES 54 MINS s 114 SECONDS EAST. • --___ E ��-- snrxrev OUT LOT t — ! °! 18 19 24 23 - 2520 17 26 ,j p5 `! 12 �T 22 27 r° 1 I Z16 o 21 Z) a` x 28 `E� 1510 `• o lke� 3r i 06, _ 2^`.• �p0 13 \, �e :. 1•\`0•x .2° u aa.. /fo ovu-� e r yusaa2 Zoe 5 .��\- -�/ Y• e9 •',..�`� 4�T:- /!°IQ, ., S.'�`3.�. l.a, _ qea Jotm Q , f - • I C' 4'0".\tee 3 �� ^ 8 '''a':,'r•..1 °." Cw Y : I �°iau•I°m.w'� W !. •.\ •t •d'q,- tM oz \ �0° 1 _J. Phi _ O —•q � Y Z��. t+• t �lY i$ Maf �.. '.W 1^tiI.1 IY \ �y' 2 l i ia,e 64y.., ::,� � S � % �' / $e ° 1<�^ee i1, �''p�y+ F ie pl �',+� 1 e ! $• i Y>< .wn� • / y,y .... % d' 4 ss as 3 lyf ° Y{ i3,. aeree'sr< -8 1^...OUTLOTaa`ai °\ len.,/ylrfd°'/ 6 y,1 �, j',�;'i f:-�tl=:�t-°-'� �__�--I Z J 12"�$ Y� id°�/ OUTLOT ;`w �!�/�i�ltio �;i�$ ^I,� `I 1x ° Z O �e I,r_l;naw 't i °^: .. \- wia°• Cyd o�'�},�, ". "°3 2 U �'4• L'Uu j'L Ln f ,a.tf az yAi ee ire. nrevr' F •GP � I i� Il.� __ oleo :,w•o u°.l r y. �p i:.°°.. O e d .''r � ,"."`Y•0ti�'�600oe��b�. .moo �,' 0 !'J'9 �% 5°(: ;. •:iV.%iron.,:: 9 p0 .d, .t' 'sf.e IS aR SI °� aeAiN.osfauvurnJr✓E.erE.aENrrslvs✓,v s.✓vs: c W, WON 3RD _ _ I, {, i• %� azlva 5zomer rN worn• aro Aara ~ car zrNES .. wro ezws revor(Fr.r w.orh aNa <Nv.N.NG Ad JLAcf JrREer &me$ AS r. 011 eO ON rlE AGNr nn 1'(s.pG63QO W61WITY° AMP ae�,j C.INNhM0/J / gDmor jiC. 3a, T O 29- RN6 Lj � 0 Agenda Information Memo July 16, 1982 Page Thirty BECC UPDATE 0 A. Joint Burnsville/Eagan Cable Television Commission Update - The last regular meeting of the BECC was held in the City of Eagan on July 8, 1982. The commission is currently reviewing the policy decisions and statements necessary on cable television which will be used in the development of the RFP. At the last meeting, consi- derable discussion was given to the line extension policy, channel capacity and data transmission. There are many alternatives to each policy and some of the critical policies have required a great deal of discussion on the part of the commission before considera- tion is taken. Hopefully, these policy statements can be finalized soon and the service areas determined for each community so authori- zation can be taken to approve an RFP and begin the bid selection process. City Councilmember Smith and City Administrator Hedges were present at the meeting, as were all the representatives inclu- ding the alternate. City Councilmember Smith or City Administrator Hedges will further comment on the process at the City Council meeting. CITY HALL EXPANSION UPDATE B. City Hall Expansion Update -- An update on the progress of the Citizens' Advisory Committee and architect was given by the architect at the special City Council meeting following the water treatment hearing on July 13. It is anticipated that Jack Boarman or the City Administrator may have a brief update for the City Council at this meeting. There is no action required on this item. Ia-7 0 • Agenda Information Memo July 16, 1982 Page Thirty -One CONTRACT 82-6 C. Receive Bids/Award Contract, Contract 82-6 (Well #7) -- At 10:30 a.m. on Wednesday, July 14, the staff opened bids for the above referenced project. A copy of the bid tabulation is enclosed on page lam for the Council's information. The total base bid reflects the development of a well using the impact cable tool method. As discussed previously with the Council, the staff also requested an alternate bid for development of a well using a rotary drill which would not create objectionable ground vibrations for the new Univac semi conductor facility. As can be seen on the bid tabulation sheet, the City was not able to receive any bids for the rotary drilling method. Subsequently, City staff will have to closely monitor the ground vibrations associated with the cable tool method and then determine whether future wells should be drilled now or if the City should try to receive bids for a rotary drilling method. In any event, with the low bid being con- siderably under the estimated cost, it is recommended that the City proceed with this as previously discussed. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 82-6 and award the contract to Keys Well Drilling Company in the amount of $96,542. 127 i 0 Our File No. 49246 DEEP WELL NO. 7 PROJECT 358 CITY CONTRACT NO. 82-6 EAGAN, MINNESOTA 0567b ENGINEER'S ESTIMATE ............................. $111,000 /a9 BID TIME: 10:30 A.M., C.D.S.T. BID DATE: Wednesday, July 14, 1982 CONTRACTORS Alternate #1 TOTAL BASE BID 1. Keys Well Drilling Co. No Bid t 96549_nn 2. E. H. Renner & Sons, Inc. No Bid m6 -91n -nn 3, 'Bergerson-Caswell, Inc. No Bid 109 97n -nn 4, Layne Minnesota No Bid 171 90n nn 0567b ENGINEER'S ESTIMATE ............................. $111,000 /a9 0 a Agenda Information Memo July 16, 1982 Page Thirty -Two CONTRACT 82-8 D. Receive Bids/Award Contract, Contract 82-8 (1982 Seal Coating) At 10:30 a.m. on Wednesday, July 14, bids were received to per- form seal coating work for 1982. A copy of the bid tabulation sheet is enclosed on page��,► for the Council's information. Alternate #1 provides for 4 dduct from the contract if the City would perform all required sweeping after completion of the seal coating. Staff is recommending that the City Council accept alter- nate #1 as a part of the base bid. Alternate #2 provides for a deduct if the City was to specify a crushed granite stone in lieu of the previous specification of a trap rock. The granite is an acceptable alternate. Staff is recommending that Alternate #2 be accepted in consideration of awarding the base bid. The total base bid exceeded the original engineer's estimate due to the sub- sequent inclusion of 0.8 miles of gravel roads for double seal coating to obtain cost estimates amounted to $16,169.76 on the low bidder. This is approximately three times more than the City's original estimate for double seal coating. The areas that were included for price quotations were the entrance road to North Park athletic field and the entrance road to the municipal garage (Coach- man Road). If the Council wants to delete these proposed double seal coatings from the contract, combined with accepting alternates #1 and #25 the resulting revised contract would amount to $103,596.21 which is very close to the original anticipated estimate. Funds available to perform the 1982 seal coating project are from several sources listed as follows: 1982 Budget $62,000.00 Contract 80-26 (Eden Addition) Deduct for Seal Coating 6,786.21 Contract 80-18 (1980 Seal Coating) Bonding Company Reinbursement 48,913.90 TOTAL $117,700.11 This implies that the City has approximately $14,000 to perform double seal coating of gravel roads. Any additional expenditures would require funding from the major street trunk fund. The cost of double seal coating is approximately $3.00 per running foot. Subsequently, staff would like some direction from Council as to any preference the Council may have regarding double seal coating of gravel roads so they can properly prepare a change order for future Council consideration. In any event, in consideration of a future change order adjusting the contract price to stay within whatever budget the Council will establish, the Public Works Director is recommending that the contract be awarded to Allied Blacktop Company in the amount of the total base bid. The Director of Public Works can further clarify this issue at the Council meeting if there are any questions. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 82-8 (1982 Seal Coating) and award the contract to Allied Blacktop Company in the total base bid amount of $130,000.66 and including Alternates #1 and #2. 130 C O N T R A C T 8 2- 8 CITY OF EAGAN - SEAL COATING - 1982 EAGAN, MINNESOTA - CCNTRACIORS ALT. fit TOTAL BASE BID 1. Allied Blacktop Co. $9,509.36(-) $130,000.66 2. Black Top Service Co. 8,320.69(-) 146,950.55 3. Bituminous Roadways 4. 5. 6. 7. ENGINEER'S ESTIMATE )31 No Bid $104,000.00 ALT. #2 $ 725.33(- 725.33(- Agenda Information Memo July 16, 1982 Page Thirty -Three WORKMEN'S COMP & GENERAL LIABILITY RENEWAL E. Workmen's Compensation and General Liability Insurance Renewal -- The City Administrator and Director of Finance worked with the City's insurance carrier for workmen's compensation and general liability, Mr. Bruce Medvec of Valley View Insurance. The City's contract term for workmen's compensation and general liability insurance is July 1 through June 30 for a one year period. The City Administrator and Director of Finance have met with Mr. Medvec and reviewed all the premium increases to the current plan and are happy to inform the City Council that the increase is approxi- mately 9% and mainly due to an increase in workmen's compensation due to the hiring of new employees which was budgeted in 1982. The premium difference from 1981-1982 to 1982-1983 is approximately $9,500, from $95,492 to $104,126. Enclosed on pages 1-? 3 through -1S:S' is a brief summary of the City of Eagan insurance renewal as presented by the insurance agent, Mr. Bruce Medvec. It is the recommendation of the City Administrator that the insurance renewal be approved for 1982-1983. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the Eagan insurance renewal for workmen's compensation and general liability for 1982-1983 with Valley View Insurance Company, the agent for Home Insurance and other insurance carriers that represent all the various policies with the City. 13 a` VALLEY VIEW INSURANCE 8210 HIGHWOOD DRIVE - BIOOmIN6TON. mN. 55438 612-944-7272 July 6, 1982 Mr. Tom Hedges, City Administrator City of Eagan '3795 Pilot Knob Road Eagan, Minnesota 55122 RE: City of Eagan Insurance Renewal 7/1/82 Dear Tom: Please find attached our Premium Analysis for the insurance renewal, July 1, 1982 to July 1, 1983. Our renewal quota- tion includes up -dated payrolls for the workers' compensa- tion and up -dated expenditures for the general liability. Other changes involving the property insurance, change of automobile, or increase in values will be made upon receipt of the required information. Presently each department head is going over his or her list of equipment to determine if any changes are necessary. You will notice that the package policy as well as the auto- mobile policy will have a lower premium on the renewal. A decrease of approximately $1,500. on the package and $1,800. on the automobile policy reflects the excellent loss experience the City of Eagan enjoyed throughout the last year. The excess umbrella liability insurance carrier has agreed to renew the policy at the same premium of $2,500. The volunteer fireman accident policy will also be renewed at the same premium of $861. One significant change in the total pricing of this account is the increase in workers' compensation. You will notice that the workers' compensation premium has gone from $48,107. to $59,936. This increase is due only to the in- crease in payrolls that have been estimated for the forth coming year. The City's experience modification has actually dropped from .93 to .92, which allows a 1% addi-' tional credit. I have noted a substantial increase in a few of the classification codes that would cause this jump in premium. 133 INSURANCE • RISK MANAGEMENT • BONDS 0 0 Mr. Tom Hedges City of Eagan Page/2 July 6, 1982 I am pleased to announce that the Home Insurance Company has declared a 24'x% dividend for the policy year 1981. This return of premium will include your package policy, automobile policy and workers' compensation. If you should have any further questions or comments, please feel free to call on me at any time. Kindest personal regards, VALLEY VIEW, INC. BAM/lf Attachment I 34 CITY OF EAGAN Premium Analysis 1982 - 1983 Package Policy Automobile Policy Workers' Compensation Umbrella Liability 1981-1982 $25,816.00 $18,208.00 $48,107.00 $ 2,500.00 1982-1983 In<reesr¢crcnv 0 � Q5, 419 C),O $24,349.00 (S,�7 Q70) $16,480.00 �cf. 5c%) $59,936.00 4.(090 $ 2,500.00 M Volunteer Fireman Accident $ 861.00 $ 861.00 0 � Q5, 419 C),O � loy,lal�.00 9.0 �3J 0 0 Agenda Information Memo July 16, 1982 Page Thirty -Four LETTER OF CREDIT - IR FINANCING F. Letter of Credit for Industrial Revenue Financing -- The City of Eagan has had a request from Juran & Moody, Inc., for considera- tion of a public offering under the condition that a letter of credit would be secured in the case of any public offering. The specific request is in regard to Federal Land Company's request for a letter of credit and public offering on two (2) office building projects in the Bicentennial Planned Unit Development. The City Administrator was directed by the City Council to request and secure a detailed analysis of the letter of credit process from the City's fiscal consultant, Miller & Schroeder Municipals, Inc. A detailed letter explaining how the letter of credit provides additional security to a municipality for allowing a public offering is enclosed on pages 13 7 through Also, Juran & Moody have provided several official statements or a letter of credit transaction they have publicly offered in various municipalities in Minnesota. All the official statements are different, but there were enough copies to provide one each to members of the City Coun- cil for their review. The operative language in the letter of credit bond issue is that the trustee is authorized to draw under the letter of credit an amount equal to the aggregate amount of the bonds, accured interest on the bonds, plus any amount of the premium payable upon mandatory redemption if there occurs an event of default. In essence, this means that the investor, in assessing the security of this bond, is relying upon the letter of credit rather than on the financial ability of the company. Prior to any consideration of the letter of credit, the City has been opposed to a public offering because the investor does not have any security to rely on if there ever was a default and this could provide bad publicity for the City of Eagan. In any event, a private placement public offering or a public offering with a letter of credit does not jeopardize the good faith of the City of Eagan and its bond rating or ability to do bonding in the marketplace. The City of Eagan is providing its tax exempt status for industrial revenue issues with the intention that the interest rate will be lower for the applicant allowing commercial and industrial activity to continue within the community providing an enhancing economic growth. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the amend- ment to the industrial revenue financing policy to allow industrial revenue financing as a public offering with the condition that a letter of credit be secured. !3G Toll Free Minnesota (800) 862-6002 • • Toll Free Other States (800) 328-6122 Miller & Schroeder Municipals, Inc. Northwestern Financial Center, 7900 Xerxes Avenue South, Minneapolis, Minnesota 55431 a (612) 831-1500 July 9, 1982 Mr. Thomas L. Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Hedges: Pursuant to your conversation with Phyllis Slattery and in an attempt to respond to concerns raised by the City Council of Eagan, I will try to explain the structuring and the comparisons between the various methods of financing using Industrial Development Revenue Bonds. The three methods are: the private placement of IDR Bonds and/or tax-exempt mortgage; the public distribution of IDR Bonds; and the public distribution of IDR Bonds secured by a financial institution's letter of credit. In a private placement of an IDR Bond/tax-exempt mortgage the entire fi- nancing package is sold to an investor. This investor is typically a sophisticated lender with a real estate department such as a life in- surance company or a banking institution. They underwrite the financing transaction based on certain real estate value formulas and guidelines concerning the subject property. They employ real estate professionals who appraise and evaluate the property and the structuring of the financ- ing. These experts realize the rewards and the risks of the transaction and base the financing upon this evaluation. Their recourse, if the pro- ject does not fulfill the economic expectations, is to take on the project on a workout basis, or to call upon the personal guarantee of the borrowers in exactly the same way as with a conventional mortgage through the laws of real estate foreclosure. The second method of financing using the IDR Bond is through a public dis- tribution of bonds to finance the project. This is done through an invest- ment banking company. In a public distribution the project is underwritten by both real estate underwriters and bond underwriters within the company. 13? Headquarters: Minneapolis, Minnesota Branch Offices: Downtown Minneapolis a Solana Beach, California a Northbrook, Illinois a St. Paul. Minnesota a Naples, Florida Mcm1wr of the Secure ies Investor Protection Corporation 0 City of Eagan, Minnesota July 9, 1962 If the underwriters feel the project is economically viable and marketable, they will proceed to market the bonds. These bonds are usually sold in denominations of $5000 units and are marketed to the public. The risk - reward factor is reflected typically in the rate of interest the bonds pay. The buyers of the bonds ,(the general public) read the Official State- ment and determine for themselves what risks are involved in the transaction. The major risk is that a default may occur and they would lose some or all of their investment. Upon default the trustee acts on behalf of the bondholders and tries to minimize any losses. The trustee's recourse on behalf of the bond- holders is to foreclose on the property. This can be successful with minimum loss to the bondholders, or in extreme cases be unsuccessful and the bond- holders have maximum losses. The third method is a public distribution of bonds which are secured or backed by a letter of credit from a financial institution or similar in- stitution guaranteeing bonds. The same steps are taken in the underwrit- ing process and the bonds are marketed and sold to the general public. The letter of credit can enhance the safety and security of the investment, but the investor again realizes that even with a letter of credit there is some risk. The letter of credit or guarantee is only as good as the terms and conditions of the letter of credit make it and also the strength of the letter of credit is based upon who or what unit is issuing it. The bond- holder must concern himself/herself with the strength of the letter of credit issuer. The advantage of a letter of credit backed bond is that in the event of default of the borrowers the bondholders can have the trustee call the letter of credit to pay off the bonds. So the major concern of a bondholder should be the letter of credit agreement between the borrower, the letter of credit issuer and the trustee. I hope this description and comparison of financing will help clarify any questions garding public distribution of IDR Bonds. Sincerely, MILLER & SCHROEDER MUNICIPALS, INC. Kenneth L. Nor ch Financial Consultant KLN/ad 13� the various methods of IDRB the City Council may have re - LETTERS OF CREDIT ISSUED IN CONNECTION WITH TAX-EXEMPT BONDS I. Structure of the Financing Short term tax-exempt obligations (the "Bonds") would be issued by an authorized political subdivision (the "Issuer"). The proceeds from the sale of the Bonds would be loaned to the Company to finance the construction of the project and the Company would be obligated to make payments to the Issuer in the amounts and at the times necessary to pay the principal and interest coming due on the Bonds. The rights and obligations of the Issuer would be assigned to a trustee (the "Trustee") pursuant to an Indenture of Trust (the "Indenture"). A letter of credit would be issued and delivered by the bank(the "Bank") concurrently with the issuance and delivery of the Bonds in a parallel trans- action. The letter of credit would be issued for the account of the Company and in favor of the Trustee. It would be a clean, irrevocable, standby letter of credit. Under the letter of credit, the Trustee would be authorized to draw, upon presentation of a sight draft accompanied by supporting documentation, an amount up to the aggregate principal amount of the Bonds. In effect, the Bank would be agreeing to pay the amounts required to pay the Bonds if the Company does not do so. The letter of credit would not expire so long as the Bonds were out- standing but the face amount of the letter of credit would be reduced to the extent by which the principal amount of the Bonds is no longer outstanding. The letter of credit would be transferable and assignable to any successor Trustee appointed under the Indenture. A sample letter of credit is attached as an exhibit to this presentation. The letter of credit would be issued at the request of the Company. The Company and the Bank would enter into a letter of credit agreement pursuant to which the Company would authorize the Bank to advance against the Company's promissory note an amount up to the principal amount of the Bonds to pay the drafts drawn under the letter of credit. Amounts payable by the Company to reimburse the Bank for advances made under the letter of credit would bear interest at a rate to be negotiated between the Company and the Bank. The interest rate might be a floating rate. In addition, the Company would pay the Bank an origination fee and an annual fee. These fees or commissions might be a percentage of the then current face amount of the letter of credit and thus reflect the Bank's outstanding liability under the letter. The terms of the letter of credit agreement would be negotiated be- tween the Bank and the Company. The agreement would set forth the terms under which the letter of credit will be issued, the commissions or fees to be charged, the terms of the loan which will be deemed to have been made if the letter is drawn upon and the security which the Company will grant to the Bank. ►39 LETTERS OF CREDIT ISSUED IN CONNECTION WITH TAX-EXEMPT BONDS II. Advantages to the Company The letter of credit functions as a credit -enhancing device for the Company. Because of the letter of credit the ultimate credit for the Bonds is the Bank. The Bank's ability to make good its obligation to make advances under the letter of credit determines whether the payments on the Bonds will be made. Consequently, the Bonds will carry the same credit rating which the rating agencies such as Standard & Poor's Corporation have assigned to the Bank. The enhanced credit rating of the Bonds means that they can be sold at a lower interest rate, thereby substantially reducing interest cost to the Company. It also means that the company may not need to fund out of the proceeds of the Bonds (and pay interest on) a debt service reserve fund. III. Advantages to the Bank There are a number of reasons that participation in the financing through the issuance of the letter of credit may be advantageous to the Bank. The risk to the Bank depends, of course, upon its view of the credit- worthiness of the potential borrower. Whether the Company can meet its financial obligations on a current basis will determine whether the letter of credit is ever drawn upon. The security which the Bank would negotiate for the loan, as well as the ability of the Company to work its way out of financial difficulties, will determine whether the Bank will be able to recover funds owed to it under the letter of credit agreement and the Company's promissory note. The advantages to the Bank in participating in the financing are straightforward. The first is the commissions or fees to be generated for issuing the letter of credit. These include both an initial origination fee and an annual fee. The relationship offers the Bank the potential to increase its loan portfolio if the letter of credit is drawn upon. Whether this is an advantage, of course, will depend upon the Bank's view of the Company as a borrower. Assuming that the letter of credit is never drawn upon, however, participation in the financing offers the Bank an opportunity to enhance its business relationship with a customer which could be expanded into other bank services and relationships with the owners and employees of the Company. It may be possible for the Bank to both issue the letter of credit and act as Trustee under the Indenture pursuant to which the Bonds are issued. This would allow the Bank to receive the fees payable for both functions. IV Current Developments Letters of credit have been issued recently in connection with tax-exempt industrial development bonds by a number of banks including Citibank, Security Pacific National Bank and Continental Illinois National Bank. Some structures M -2 LETTERS OF CREDIT ISSUED IN CONNECTION WITH TAX-EXEMPT BONDS have involved the use of a,letter of credit to secure an obligation to repurchase the bonds at a specific price on a specific future date and thus reduce market risk to the bond purchaser, however, rather than the structure described herein for the use of a standby letter of credit to reduce the credit risk to the bond purchaser. It should be noted that the Comptroller of the Currency is currently review- ing the use of standby letters of credit and it is difficult to predict what he may conclude based on competing policy arguments. The following attachment provides a sample of a typical standby letter of credit of the type Miller & Schroeder proposes be used in the subject financing. Al - 3 - 0 0 TAX-EXEMPT LETTER OF CREDIT FINANCINGS UNDERWRITTEN BY MILLER & SCHROEDER $5,980,000 Minnesota Higher Education Facilities Authority (College of St. Thomas) $36,000,000 Port Authority of The City of Saint Paul Multifamily Housing Development Revenue Bonds of 1980 $9,000,000 City of Columbia Heights, Minnesota Housing Development Revenue Bonds (LaBelle Park Condominiums Project) Standard & Poor's Rating: AAA Moody's Rating: MIG 1 Standard & Poor's Rating: AA+ Standard & Poor's Rating: AA+ $9,100,000 Non -Rated The Redevelopment Agency of The City of Fremont Housing Program Revenue Bonds (United California Bank) $2,500,000 Standard & Poor's Rating: AA+ Port Authority of The City of Saint Paul Industrial Development Revenue Bonds (Riverview II Venture Project) $4,720,000 City of Bloomington Standard & Poor's Rating: AA+ Industrial Development Revenue Bonds (Cedar Avenue Associates) $3,000,000 Standard & Poor's Rating: AA+ City of Burnsville, Minnesota Interim Commercial Development Revenue Note (Evenson Project) !42. 4. 1 A, P .PE' N D I X S'A ;M 'P L E L E T' T E R 0 P C 'R ;E D: I T 0 0 IRREVOCABLE LETTER OF CREDIT TO: as Trustee Gentlemen: NO. DATE: We hereby issue, for the account of the (the "Company") and in your favor as Trustee under a Trust Indenture dated as of , 1981 (the "Indenture") from the (the "Issuer") to you pursuant to which $ in aggregateprincipal amount of the Issuer's Revenue Bonds, Series 1981 (the "Bonds") are being issued, our Irrevocable Letter of Credit in the amount of $ available to you by your draft or drafts drawn on sight on the undersigned bank. All drafts drawn under the letter of credit must be accompanied by your officially signed statement certifying that: 1. You are the Trustee under the Indenture for the holders of the Bonds; 2. The amount of the draft is equal to the amount of unpaid Loan Repayments then due and payable under the Loan Agreement dated as of , 1981 between the Issuer and the Company and will be applied by you to the payment of interest on the Bonds coming due on or after , 198 , or principal, for which (a) the Company has made no deposit with you in accordance with the provisions of the Loan Agreement and (b) no prior drawing has been made under this letter of credit; 3. No amounts are available for the payment of interest or principal in any of the accounts established under the Indenture; and 4. The amount of the draft was computed in accordance with the terms and conditions of the Bonds and the Indenture. All drafts shall be presented for payment at , on or before the earlier of (1) 2:00 p.m, on (a date following the final maturity of the Bonds), or (2) defeasance of the Bonds, after which time this letter of credit shall be null and void. This letter of credit is transferable and assignable in its entirety (but not in part) to any transferee who has succeeded to you as trustee under the Indenture. Each letter of credit issued upon any such transfer and assignment may be successfully transferred and assigned. Transfer of the available drawings under this letter of credit to such transferee shall be effected by the presenta- tion to us of this letter of credit accompanied by a certificate identifying the 144 transferee. Upon such presentation and the surrender for cancellation of this letter of credit or any then outstanding successor thereto, we shall forthwith issue an irrevocable letter of credit to your transferee with provisions consistent with this letter of credit. This letter of credit sets forth in full our undertaking, which shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement referred to herein (including, without limitation, the Bonds), except only the certificates and the sight drafts referred to herein; and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement except for such certificatees and sight drafts. This letter of credit shall be governed by of the Uniform Commercial Code as in effect in the State of We hereby agree that drafts drawn under and in compliance with this letter of credit shall be duly honored upon presentation. M Its I4S MAE 0 Agenda Information Memo July 16, 1982 Page Thirty -Five CONTRACT 82-7 0 G. Contract 82-7, Approve Plans & Specs./Authorize Adv. for Bids (Cinnamon Ridge 3rd Addition - Streets & Utilities) -- On July 6, a public was held for the installation of streets and utilities in Cinnamon Ridge 3rd Addition and authorization was given to pre- pare detailed plans and specifications. These have now been com- pleted and are being presented to the Council for formal approval so that we may proceed with the advertisement for bids. If. the final plat for Cinnamon Ridge 3rd Addition is not approved, the City should not proceed with advertisement for bids. However, if the final plat is approved, it would be appropriate to proceed with advertisement for bids. ACTION TO BE CONSIDERED ON THIS ITEM: To approve and specifications for Contract 82-7 (Cinnamon Ridge - Streets & Utilities) and authorize advertisement for to be held at 10:30 a.m. on Monday, August 16, 1982. City Administrator or deny plans 3rd Addition a bid opening C, • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 16, 1982 SUBJECT: INFORMATIVE Lawsuit Update Periodically, the City Administrator requests an update on lawsuits that are pending with the City Attorney's office. Enclosed on pages J4q through 1$ is a copy of summary of the outstanding lawsuits affecting the City of Eagan. Monthly Report - Protective Inspection Enclosed on page 19� is a copy of the monthly report for June for Protective Inspections. Liquor License At the last City Council meeting, there were two questions regarding liquor licenses. The first question was whether there was any time stipulation for holding an off sale liquor license without opening a business within the community. This issue has been re- searched with the League of Minnesota Cities and Ordinance #42, and as long as the license holder has not violated any section of the ordinance, the license can be renewed indefinitely at the discretion of the City Council on a yearly basis. A second question pertained to how many on sale liquor licenses can be granted with the current population of the City of Eagan at 25,000. The answer is 18 on sale liquor licenses. Amcon The City Administrator is continuing his effort to meet with the Joint Airport Zoning Board. However, there is nothing to update at this time. Timberline Association Enclosed is a letter from Thomas Nikolai to Richard Marchek with Univac regarding some concerns the Timberline Association residents have about dust being created with the semi conductor facility construction. John Gustin provided a copy of the Letter to the City Administrator for informational purposes and the City Adminis- trator is contacting Univac to seek some cooperation with the resi- dents. A copy of the letter is enclosed on pages !SS through 1:T-7 for your reference. l47 0 Informative Memo July 16, 1982 Page Two Firefighters' Pension Plan rI At the special City Council meeting held in June with the pension committee of the Fire Department Relief Association, it was the conclusion of the meeting that Ken Southern would discuss the City Council's informal proposal for changing the firefighters' pension plan to an IRA plan at the June 21 general assembly Fire Department meeting. It was also stated at that meeting that a representative of the pension committee, more than likely Ken Southern, would contact the City Administrator and report about the reception of the firefighters to the proposal and, further, a request that the City and pension committee further work out a solution to the pen- sion plan. A special City Council meeting was held on June 21 and the pension committee did explain the City's IRA proposal at the general assembly meeting that same evening. Due to vacation and work commitments, it was not possible for Ken Southern to con- tact the City Administrator until July 14 and it was learned that day in a conversation between Mr. Southern and the City Adminis- trator that the general assembly was quite negative to the proposed IRA plan. However, there was some interest expressed by the general assembly as to a combined defined benefit plan and pay as you go plan which could then be partial IRA if chosen by the firefighters and defined benefit plan. The Fire Department was very receptive to the City Council meeting with the general assembly to discuss in further detail a combined plan at some early date in the near future. There are several firefighters who have retired and it might be nice to give formal recognition to these persons at an upcoming City Council meeting. If desired, so direct and the City Adminis- trator will prepare certificates for a formal recognition. s/Thomas L. Hedges amity Administrator KE 0 0 HA.UGR, SMITH. EIDE & KLLLLR, P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 3008 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 PAUL H. HALIDE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Tom Hedges Eagan City Administrator 3795 Pilot Knob Road Eagan, Minnesota 55122 RE: Lawsuit Resume Dear Tom: July 1, 1982 AREA CODE 812 TELEPHONE 474.4224 You have again asked for a summary of outstanding lawsuits effecting the City of Eagan. 1. Twin View Manor Assessment Appeal. An agreement has now been entered into between the appellants attorney from Twin View Manor and the City, dismissing all aspects of the assessment appeal for utilities and streets in Twin View Manor Addition except the interest rate. The case will eventually be tried in District Court in relation to interest only. 2. Ocel vs. City of Eagan. Last Fall there were discussions between the Ocels and representatives of the City concerning temporary measures that might be taken to prevent further damage to the Ocel property. We drafted a proposed agreement which was mailed to Ronald Swanson, the attorney for the Ocels, on April 27 of this year. Apparently, since that time the Ocels separated and the agreement has not as yet been signed. On May 21, represen- tatives of the City met with Linda Ocel at the site and as a result, Tom Colbert sent a letter to David Singer, Mrs. Ocel's attorney, relating to the agreement. Since that time, the attorney for Guy Jarvi, the next door neigh- bor of the Ocels, wrote our office objecting to any aspect of the agreement which might divert waters across the Jarvi's land or otherwise affect their property. We have written Don Day, the City's attorney in this lawsuit, to advise him of the status. 3. Freeway Ford vs. Larsen, Reiter & City of Eagan. This case is being handled by David Wendell, the attorney hired for Home Insurance Company. There does not appear to be any action at the moment. 149 0 0 Tom Hedges July 1, 1982 Page 2 4. Spencer vs. City of Eagan. The City and the Spencers entered into an Agreement on May 20, 1982 for settlement of the Spencer's assessment, as well as settlement of the lawsuit for damages against the City, Barton Contracting and Road Machinery & Supply Co. Spencers have paid the assess- ments and as yet the contribution from the three parties, including Home Insurance Co. for the City in the amount of $1,100.00, has not been received but is expected to be accomplished and the lawsuit dismissed. 5. Farmington Development vs. Adelmann, Calhoun Realty, and City of Eagan. The City is still involved in this action brought by the buyer of two lots in Cedar Industrial Park from Joseph Adelmann. The problem is that of some 1968 assessments and we feel now, after some discovery, that we can eventually make a motion for Summary Judgment and dismiss the City from the action. The action amounts to about $13,000.00. 6. Thomas Lake Assessment Appeals. The Court has now denied the motion of Ken Ketchum for Summary Judgment. Mr. Ketchum has sent a letter, a copy of which is enclosed, dated June 14, 1982, offering some settlement terms. A motion for Summary Judgment could possibly be brought against William Tschida for failure to file his appeal within the required time, but we have not made the motion as yet. 7. Trudi Johnson Assessment Appeal - Dodd Road. A decision has been received from the District Court several months ago reducing the assessment from $32,323.00 to $11,300.00. Tom Colbert and I have been considering the possibility of reassessing approximately 200 feet of frontage of 800 feet along the Trudi Johnson property and attempting to claim the benefit for the $11,300.00 is attributable only to 200 feet. We will be making a firm recom- mendation shortly. 8. Drexel Heights - Project #240 Street Assessment Appeal. The Dis- trict Court has returned the assessment to the City and asked the City to reassess Drexel Heights and the Braun property for street improvements in the area. Tom Colbert is gathering costs on this and a meeting is expected shortly with the representatives of the property owner. 9. Performance Bond Actions. Two lawsuits that name the City as a party regarding claims on Performance Bonds for Improvement Projects, basically have now been settled. One was G & L Seal Coating Company and a check has been received by the City for the Bond payment made in 1980. 10. Caponi vs. Carlson, City of Eagan, Bonestroo, Rosene, et al. The $60,000.00 damage action brought by Mr. Caponi is still in limbo in the District Court. The DNR Lake Level setting action was appealed to the Dis- trict Court from the Hearing Examiner's decision and has not been called for trial. I would expect that case will be called for trial in the Fall of 1982. 150 0 0 Tom Hedges July 1, 1982 Page 3 11. City of Eagan vs. Dennis McCarthy (Wescott Road easement acquisi- tion) and City of Eagan vs. Dennis McCarthy (Pond acquisition easement). The road acquisition action has been appealed by the City and the property owner to the District Court and no date for hearing has been set. The pond acquisi- tion easement is expected to be heard before Commissioners in July. We made a motion in late June to exclude a small portion of the pond from the descrip- tion, lying on the west of the main pond, according to Tom Colbert's recommen- dation. No decision has been made but I expect that the District Court will not allow us to exclude any portion of the condemnation action at this time. 12. Floyd Cunningham vs. City of Eagan. Mr. Cunningham has commenced an action for $2,500.00 damages for loss of his 1976 automobile which was towed by the Police when found on a City street without a current license. Ideal Mutual Insurance Company has agreed to pay for defense. An Answer was made May 26, 1982 without further response. 13. Police Squad Cars _ General Motors. The Council has not yet authorized an action for alleged defective squad cars. PHH: as Very truly yours, HAUGE, SMITH, EIDE & KELLER, P.A. Paul H. Hauge %S1 KENNETH P. KETCHAM ATTORNEY AT LAW 1456 YANKEE DOODLE ROAD EAGAN MINNESOTA 55121 June 14, 1982 Mr. Bradley Smith Hauge, Smith, Eide, & Keller, P. A. 3908 Sibley Memorial Highway Eagan, MN 55122 Re: Ketcham et al, vs. the City of Eagan Dear Mr. Smith: 11 454-6440 AREA CODE 612 Pursuant to our phone conversation regarding settlement, here are my thoughts on the matter. Please relay them to the council. I. The amount in controversy is not a great amount, approximately $1,350. 2. The appraisal technique is novel. The supreme court reversed themselves this year and allowed a developmental appraisal approach. Their dictum indicated the need for "hard" data before it will be considered by the court. My view is your evidence, and the foundation, (and the underlying premise) is "soft". 3. The Courts have taken a very strong stand on the admissibility and credibility of a homeowner testifying as to the value of his or her own property. Do we have to hire a high priced appraiser to refute the testimony of the City? 1 do not think so (although I have not ruled out the use of expert witnesses). The City has already set out their general technique of appraisal. At best at trial, they can only attempt to buttress their weak spots. I feel that, as I indicated above, the underlying foundation or premises are ripe for an attack. 4. My time is "free". 1 have been cited in Finance and Commerce before and I liked the feeling. 5. The City has to weigh their gain versus the future risk of setting a negative precedent in the event we prevail. The issue has Statewide consequences especially in this time of financial crunch. 6. Pavlak's Order was no help to either side. Dakota County has been the leader in the affirmation of the constitutional .issues in assessments. 7. Paul and I have a golf tournament the day the trial is scheduled. Therefore, we propose a reduction of 50% of the amount of the assessment as and for a final settlement of this issue. This case intrigues 15; 0 0 me so much that this is our final offer. To have your client accept it, you might have to tell them we demand 100% and let them compromise. That is your problem. Please come back with a yes or a no. 1 suggest that you try for the special meeting on the 21st or 22nd as the day the council decides. 1 am not going to expend preparation time and expense just to settle after July 1. Thank you for your consideration in this matter. Sincerely yours, Kenneth P. Ketcham P.S. As an additional prod of the council's good senses, we can make as part of the agreement that 1 will not act 'as counsel for any future storm sewer assessment appeals for the trunk system. iS3 0 LN''SP=ON/OFFICE YOURS Building Plumbing HVAC Administrative/Office Fire Marshal Miscellaneous General Office Permit Processing City Council Meetings NUMBER OF PFIZ M ISSUED Building Plumbing HVAC Electric Water Softener Well, Cesspool, Septic Tank Signs PmOTFCTIVb' insp'crlors • NATURE. OF BUILDING PE WITS IS.'am 14D"I .Y REPORT JUNE, 1982 This Nbnth 137.5 111.5 57.0 65.5 28.0 26.0 182.0 111.5 0.0 This Month 77 51 52 75 6 2 10 Year -Tb -Date 563.0 285.5 902.5 211.5 144.0 864.0 564.0 1.5 Year -Tb -Date Tzr-- 226 231 319 31 3 32 Rrnber TyPe Units Valuation Perrdt Fee Plan (heck Fee Thral FPAt 32 Single Fami.1V 32 $2,326,000.00 $11,109.50 0,554.75 $55,987.25 4 Awlex 4 $ 118,000.00 $ 763.00 $ 381.50 $ 6,183.50 12 lblti-Farr*ly 12 $ 795,000.00 $ 2,818.50 $1,409.25 $19,625.25 0 Commerical 0 0' 0 0 0 0 Industrial 0 0 0 0 0 0 Institutional 0 0 0 0 0 2 Res. Garage 2 $ 9,000.00 $ 95.00 0 $ 99.50 4 jam• Pool 4 S 32,200.00 $ 286.00 0 S 303.00 23 Miscellaneous 23 $ 101,350.00 995.00 $ 147.75 S 1,194.25 I$ 1 77 Tag 77 $3,381,550.00 $16,067.00 57,493.25 $83,392.75 * Total Fees Include: Eui.ldinp Permit Fee, Six -Charge, Plan Check Fee, SAC Unit Fee, Fater Carmectian Fee, 4hter Meter Fee and Road Emit Fee. Richard J. Marchek, Esq. Sperry Univac 3333 Pilot Knot Road Eagan, MN 55121 Dear Dick: This letter is intended to confirm the complaint which I made to you during our telephone conversation of July 6, 1982. I called you to request your assistance in having Sperry Univac recognize the legal obligations it has as a property owner not to conduct activities on that property in such a fashion so that it becomes a nuisance, in a legal sense, to the neighboring property owners. Specifically, I mentioned the serious dust problem which has been created and allowed to persist by the Contractor in charge of the construction of the new Semiconductor Facility. Well over a year ago, in preparing the land for construction, the Contractor removed all ground cover and exposed the underlying fine sand. On repeated occasions, the abutting property owners in the Timberline Addition had spoken with different Univac representatives concerning the dust and dirt problem which this has created. After tolerating the condition for most of the summer of 1981, 1 personally wrote to Ed Michaud this spring and requested his assistance in seeing that the Contractor would be required to take effective steps to keep the dust and dirt from blowing into our homes. Ed's response alluded to certain efforts which had been taken but, as pointed out below, these efforts have been wholly ineffective in alleviating the problem. When I spoke to you on the 6th, I indicated to you how unbearable conditions were on July 4 and 5. In that it had not rained for many days, the fine sand was powder dry. When gusty southerly winds picked up on Sunday, a veritable sand storm was created. I am not exaggerating to say that from my back yard there were times when. I was unable to see the new building which is only several hundred feet away. This cloud of dirt and dust came rolling across our back yard and into our home. Before our 4th of July party, Mary had spent many hours cleaning our home to make it presentable. When the dust and dirt rolled in, it soiled our drapes, blinds, and other furnishings, leaving brown grit and grime on everything. 155- LAw Orrrtze HAUGEN AND NIKOLAI 1636 MIDWEST PLAZA 6U11G111 601 NICOLLET MALL MINNEAPOLIS, MINNESOTA 53402 ORRIN M. HAUGEN A. C. 612.316-7461 THOMAS ,L NIKOLAI PATENTS TRADE MARKS DOUGLAS L.TSCHIOA p July 12, 1982 COPYRIGHTS Richard J. Marchek, Esq. Sperry Univac 3333 Pilot Knot Road Eagan, MN 55121 Dear Dick: This letter is intended to confirm the complaint which I made to you during our telephone conversation of July 6, 1982. I called you to request your assistance in having Sperry Univac recognize the legal obligations it has as a property owner not to conduct activities on that property in such a fashion so that it becomes a nuisance, in a legal sense, to the neighboring property owners. Specifically, I mentioned the serious dust problem which has been created and allowed to persist by the Contractor in charge of the construction of the new Semiconductor Facility. Well over a year ago, in preparing the land for construction, the Contractor removed all ground cover and exposed the underlying fine sand. On repeated occasions, the abutting property owners in the Timberline Addition had spoken with different Univac representatives concerning the dust and dirt problem which this has created. After tolerating the condition for most of the summer of 1981, 1 personally wrote to Ed Michaud this spring and requested his assistance in seeing that the Contractor would be required to take effective steps to keep the dust and dirt from blowing into our homes. Ed's response alluded to certain efforts which had been taken but, as pointed out below, these efforts have been wholly ineffective in alleviating the problem. When I spoke to you on the 6th, I indicated to you how unbearable conditions were on July 4 and 5. In that it had not rained for many days, the fine sand was powder dry. When gusty southerly winds picked up on Sunday, a veritable sand storm was created. I am not exaggerating to say that from my back yard there were times when. I was unable to see the new building which is only several hundred feet away. This cloud of dirt and dust came rolling across our back yard and into our home. Before our 4th of July party, Mary had spent many hours cleaning our home to make it presentable. When the dust and dirt rolled in, it soiled our drapes, blinds, and other furnishings, leaving brown grit and grime on everything. 155- 0 Richard J. Marchek, Esq. Page 2 July 12, 1982 E The following day was no better. The temperatures were in the 90's and the southerly wind continued to blow across Univac's property, picking up the fine dust and dirt and carrying it into our yard and home. To give you a better idea of the extent of the dirt cover, when backing out of my garage, my car tires actually created tracks on the driveway. Needless to say, I am quite upset with the indifference exhibited by Univac and its building contractor. I took the occasion to talk to several of my neighbors who share my outrage. All summer long we have had to put up with excessive dust, dirt, noise and more recently with foul odors. In the letter which I wrote to Ed, I indicated that one solution might be for Univac to require the Contractor to provide a sprinkling truck which would ensure that the ground remained moist so that the dust and dirt would tend to remain settled: This suggestion was not followed and as far as can be determined no other procedures have been adopted for limiting the pollution which is being generated and which is damaging our homes and furnishings. We should not have to shut ourselves in waiting for rain to take care of matters. We should not have to put up with the inconveniences, additional work, and expense where effective measures could be taken to alleviate the problem. When you called me on July 9th you indicated that you had talked to Ed and advised that he would talk to the Contractor. I assume that Ed has previously related our complaints to the Contractor so I doubt very much that further discussions will be of much help. Talk does not solve the problem. Some immediate action is needed! My neighbors and I are sufficiently disturbed over this entire matter that unless the dirt and dust problem is controlled, appropriate measures, either through the City Council or through the Courts will be initiated. We have no other choice. Things are just that bad. Neither you nor anyone else in Univac's Management team would put up with the problem if they were in our position. We neighbors should not be expected to either. 156 Richard J. Marchek, Esq. Page 3 July 12, 1982 Please advise me within the next ten days what positive measures, beyond talk Univac will take to require its Contractor to obviate the problem which I am addressing. Unless I am so advised and unless those measures are instituted immediately, we homeowners will have to seek redress in a fashion which will certainly not enhance Sperry Univac's image in the community. TJN/bc Very truly yours, HAUGEN AND NIKOLAI Thomas J. lai cc: R.L. Seaberg J. Gustin, Pres. Timberline Civic Association /5-7