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01/17/1984 - City Council Regular
AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL JANUARY 17, 1984 6:30 P.H. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 — ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS A. Fire Department 1 C. Park & Rec. Department Q( B. Police Department 1 D. Public Works Department IV. 6:55 - CONSENT ITEMS ( One motion approves all items) A. Contractors' License.Applications e'' .1 B. Personnel Matters A. C. Designation of Elizabeth Witt as Deputy City Clerk P S D. Robert Dick for Transfer of Non -Intoxicating Malt Liquor Off - Sale License to R.C. Dick's Foods (formerly Applebaum's) L P E. Project 372, Receive Feasibility Report/Order Public Hearing (I -35E Utility Crossings & Streets) ' to F. Project 349, Receive Feasibility Report/Order Public Heairng (Blue Gentian Road - Streets) G. Receive Petition/Order Public Hearing,.Street Vacation (Lexington Avenue South of County Road 31) ` • V. 7:00 - PUBLIC HEARINGS a 9 I A. Project 393 (Almquist Lake - Trunk Storm Sewer Outlet) 11 B. Project 373 (Cedarvale 2nd Addition - Streets/Storm Sewer) P VI. OLD BUSINESS p3i' 1.3% A. Request for Reconsideration of Liquor License Policy Change P B. Off -Sale Liquor License Application, Perrier & Associates, Inc., for Hilltop Plaza (Pilot Knob & Diffley Roads) 3$ Q C. Review of Lexington South Park Land Dedication • �� D. Cabbcrt Dev., Dave Gabbert, for a Preliminary Plat for Westbury, P Consisting of Approximately 47 Acres & Containing 129 Single Family Lotr & 28 Twinhome Lots, in Part of the E7 of the NEI of Section 22. Lying S. of Wescott Road and W. of Lexington Ave. q E. NaegeLe Outdoor Advertising Company for a Conditional Use Permit o for rui Outdoor Advertising Sign Located in Part of Government Lot 8, Parcel 10-01800-021-57 in a Portion of the Southwest Quadrant of Nicols Road & Railroad Right -of -Way in the SE¢ of the SWC of Section 18 5 % F. Naegele Outdoor Advertising Co. for a Conditional Use Permit for Advertising an Sign Containing 360 Square Feet Located at the West 952.7 Feet of the' NEt of Section 19 in the Northwest _ Quadrant of Old Cedar;Avenuo and T.H. 13 • VII. i 65 1984 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS (See Attached Agenda) Eagan City Council Agenda January 17, 1984 Page..Two • VIII. NEW BUSINESS Q90A. Tri -Land Co., Inc., Bradley Swenson, for a Preliminary Plat, A.J. Addition, Containing 2 Single Family Lots Located in Part of the SW} of the SWk of Section 3 1b1jB. Richard H. Bloom, Derrick Land Co. for Rezoning from A (Agri- cultural) to R-1 PD (Residential Single Planned Development District) to allow a deviation from the R-1 Zoning District Lot Sizes and Lot Width Requirements & Preliminary Plat, Berkshire Ponds, Containing 26.95 Acres of 73 Single Family Lots Lcoated in Part of the SW} of the NA of Section 32 {7 4 C. Jeffrey and Diane Kemp for a 20' Side Setback Variance to the 50' Requirement Along Wescott Road Located on Lot 1, Block 3, Drexel Heights Addition in Section 15, T27N, R23W IX. ADDITIONAL ITEMS P1 73 A. Municipal Center Change Orders & Final Fee Iy3 B., 1984 Public Officials' Liability Insurance e14& C. Joint Powers Agreement /DeveLopment•,of Legislative Program Q' I D. Non -Union Compensation for 1984 P" 4 -IE. Radification of 1984 Police Association Contract • P. iyr� F. Lone Oak Tree Q. G. AMM Legislative Policies Eagandale Center/Parks Dddication 1984 Park Dedication Fees Consideration of MnDOT Plans & Specs (I-35 from Cliff Road P to one Oak Road) 1b5K. Consideration of Land Acquisition from Lexington South, Inc. �' -- Water Booster Station & Reservoir j6q L. Contract 83-2, Final Payment/Acceptance (Northview Meadows Trunk Utilities) Review Request/Authorize Feasibility Report (Coachman Road/ Q' Four Oaks Road - Streets) D I1 LN. Contract 84-1, Approve Plans & Specifications/Authorize Advertisement i for Bids (T.H. 55/Lone Oak Road - Trunk Utilities)' X. VISITORS TO BE HEARD (For those persons not on the agenda) XI. ADJOURNMENT VAGENDA. 1984+CALENDAR=IYEARi'CITYb:COUNCIL'aORGANIZATIONAL`' BUSINESS'' REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 17, 1984 VII. .1984 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS A. Acting Mayor B. Legal Newspaper C. City Depositories D. Official Posting Places • E. Advisory Commission & Committee Appointments (Resident) F. Health Officer C. City Council Meetings H. Committee Appointments (Council) I. Fiscal Consultant J. Legal Consultant K. Consultant Fee Schedules 0 0 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS • FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 12, 1984 SUBJECT: AGENDA INFORMATION MEMO - JANUARY 17, 1984 COUNCIL MEETING After approval of the January 3, 1984, regular City Council minutes and the agenda for the January 17, 1984, City Council meeting, the following items are in order for consideration: DEPARTMENTIHEAD' BUSINESS FIRE DEPARTMENT A. Fire Department -- There are no items to be considered under Fire Department at this time. Special Note: The City Administrator has discussed the manpower matter with the Fire Chief and a report will be forthcoming along with a presentation by the Fire Chief at the February 7, 1984, City Council meeting. POLICE DEPARTMENT • B. Police Department -- There are no items to be considered under Police Department at this time. PARKS AND RECREATION DEPARTMENT C. Parks and Recreation Department -- There are no items to be considered under Parks and Recreation Department at this time. The Director of Parks and Recreation will be present for a portion of the City Council meeting relating specifically to items C. and D. of Old Business on the agenda. PUBLIC WORKS DEPARTMENT D. Public Works Department -- There are no items to be considered under Public Works at this time. • Agenda Information Packet January 17, 1984 City Council Meeting • Page Two 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 place under Additional Items unless the discussion required .is brief. A. Contractors' Licenses -- Renewal of contractors' licenses for 1984 had been scheduled to be considered at this City Council meeting. However, bond requirements were changed for 1984. Con- sequently, correct documentation has not been received from many of the contractors seeking renewal. Therefore, this item should be continued until the February 7, 1984 City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To continue consideration of contractor licenses for 1984 until February 7, 1984. • • 2. Agenda Information Packet • January 17, 1984 City Council Meeting Page Three PERSONNEL MATTERS B. Personnel Matters -- There are several personnel matters to consider: 1. The equivalent of one full-time, temporary clerk -typist position has been filled to date by two individuals. This full-time position was approved as a permanent full-time position for 1984. The two (2) individuals that have filled the clerk -typist position, each working generally four hours per day, have been hired for the full-time status. Judy Jenkins and Karen Finnegan will be recognized as full-time permanent instead of full-time temporary, each working twenty (20) hours per week. 2. Holly Duffy has been selected to fill the Administrative Assistant position within Administration. 3. Elizabeth Witt has been selected to fill the Administrative Assistant position in Finance. • 4. James L. Sturm has been selected under the MEED program as a landscape architect/planner to work in the Park Department for the duration of the MEED program which is six (6) months. His salary will be compensated by that program. Mr. Sturm is a graduate in landscape architecture and has had some previous job experience with private consulting firms. • ACTION TO BE CONSIDERED ON THIS ITEM: All the above positions have .been approved previously by the City Council; therefore it is recommended that all five (5) persons as acknowledged above be officially hired for their respective positions with the City. 3 Agenda Information Packet January 17, 1984 City Council Meeting • Page Four DESIGNATION OF ELIZABETH WITT/DEPUTY CITY CLERK C. Designation of Elizabeth Witt as Deputy City Clerk -- Since the Administrative Assistant postion in Finance will be assuming Deputy City Clerk responsibilities, it is recommended that Elizabeth Witt be designated as Deputy City Clerk and that Lorene Lee be removed as the Deputy Clerk at this time. Since Lorene will be functioning as an accounting clerk and will not have responsi- bilities relating to Deputy Clerk, it is no longer necessary that she continue as a Deputy Clerk. The statutory City handbook states, "The position of Deputy Clerk is authorized in any statutory city but the Deputy must be appointed and removed only by the Clerk with the consent of the Council." It has been interpreted by the Attorney General's office that "with the consent of the City Council" means the Council must approve the Clerk's nominee for the position. There are no provisions for requiring bonding for the Deputy; however, according to the handbook for Minnesota cities, it is advisable that the Deputy Clerk be bonded. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint Elizabeth Witt as Deputy Clerk and that Lorene Lee be removed as Deputy Clerk as a part of •.the reorganization. in Administration and Finance. • • 4 Agenda Information Packet January 17, 1984 City Council Meeting • Page Five L • R.C. DICK'S FOODS/OFF SALE NON -INTOXICATING LIQUOR LICENSE D. Robert Dick for Transfer of Non -Intoxicating Malt Liquor Off - Sale License to R.C. Dick's Foods (Formerly Applebaum's) -- The Applebaum's supermarket located in the Cedarvale Shopping Center has been sold to Mr. Robert Dick who plans to operate R. C. Dick's Foods at that location. Mr. Dick has applied for an off -sale non - intoxicating malt liquor license which is currently held for that location by Applebaum's supermarket. The application has been in- vestigated by the Police Department and they have found no reason to deny the application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an appli- cation for off -sale non -intoxicating malt liquor license as applied for by Robert Dick for R. C. Dick's Foods in the Cedarvale Shopping Center (formerly Applebaum's). s Agenda Information Packet January 17, 1984 City Council Meeting Page Six PROJECT 372/ORDER PUBLIC HEARING E. Project 372, Receive Feasibiity Report/Order Public Hearing (I -35E Utility Crossings and Streets) -- On March 15, 1983, the City Council authorized preparation of a feasibility report for the installation of sanitary sewer crossings, trunk water main crossings, strorm sewer and street construction necessitated by the progression of I -35E from Cliff Road to Lone Oak Road. This feasibility report has been now been completed and is being pre- sented for consideration of the Council to order the public hearing for February 21, 1984. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the feasibility report for Project 372 (I -35E Utility Crossings and Streets) and authorize the public hearing to be held at 7:00 p.m. on February 21, 1984. PROJECT 349/ORDER PUBLIC HEARING F. Project 349, Receive Feasibility Report/Order Public Hearing (Blue Gentian Road - Streets) -- On October 6, 1981, in response to a petition from the developers, the Council authorized the preparation of a feasibility report for the installation of utili- ties and streets necessitated by the relocation of Blue Gentian Road west of T.H. 149 as a result of the progression of I-494. This feasibility report has now been completed and is being pre- sented to the City Council for their consideration of ordering.a public hearing to be held on February 21. This project is located within the proposed Robbins Addition which is the preliminary plat of the R.E.S. property located in the southwest corner of I-494 and T.H. 149. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report and order the public hearing for Project 349 (Blue Gentian Road - Streets) for 7:00 p.m. on February 21, 1984. RN • \J • Agenda Information Packet January 17, 1984 City Council Meeting • Page Seven LEXINGTON AVE./ORDER PUBLIC HEARING/STREET VACATION G. Receive Petition/Order Public Hearing, Street Vacation (Old Lexington Avenue - South of County Road 30) -- Enclosed on page __(&— is a petition staff received from the property owner re- questing that the existing alignment of old Lexington Avenue south of County Road 30 be vacated in comformance with the approved pre- liminary plat of Kensington Place. The developer is coming through with the final plat of Kensington Place which will require this vacation to be processed before this plat can be recorded at the County. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and order the public hearing for street vacation of old Lexington Avenue south of County Road 30 to be held at 7:00 p.m. on February 7, 1984. 171 0 0 • • NOTE: A copy of the petition will be included with the administrative packet on Monday. A Agenda Information Packet January 17, 1984 City Council Meeting • Page Eight PROJECT 393/ALMQUIST LAKE A. Project 393, Almquist Lake (Trunk Storm Sewer Outlet) -- On December 6, 1983, the City Council received the feasibility report and ordered the public hearing to be held for January 17, 198'4, to consider the installation of a trunk storm sewer lift station to provide a controlled outlet for Almquist Lake within the Johnny Cake Ridge and Brittany Manor Additions. Enclosed on pages ro through is a copy of the feasibility report for the Council's information during the public hearing process. As of this date, the staff has received some concerns from the property owner where the access road will have to be constructed for the installation of this lift station and subsequent permanent maintenance. Further details of this project will be provided by the consulting engineer, Mr. Bob Rosene, at the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the installation of Project 393. If approved, authorize the preparation of detailed plans and specifications. • • • REPORT ON ALMQUIST LAKE STORM SEWER LIFT STATION PROJECT No. 393 FOR CITY OF EAGAN, MINNESOTA 1983 FILE No. 49291 Be /f de�1 wredoo, Raore, 4m a 4macia&4 Jiro. e • B� Pw.iL Mtw�rosota 16 • A,&*4.4 a 2335 */. 7..-A A:ya.y 36 $l. P..4 Af _. 55113 /1K...: 612 - 636.4600 MMW 41-600-622.6573 November 9, 1983 Honorable Mayor and Council City of Eagan 3795 Pilot Knob Road Eagan, Mn. 55122 Re: Almquist Lake - Storm Sewer Lift Station Project No. 393 Our File No. 49291 Dear Mayor and Council: Transmitted herewith is our report for Almquist Lake - Storm Sewer Lift Sta- tion. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. -V?a C 0!�e �00" Mark A. Hanson MAH:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. - !~Maark A. Hanson Date: November 9, 1983 Approved Thomas A. Colbert, P.E. Director of Public Works Date: //-- / S `-, _3 0 7986b Reg. No. 14260 GM R. Cook, P.E. �l /i�:. A'Nr! A. Gmdmr. AL 60.ra• / Onn G. Bonruro., P.E. rM E x'o/ P.E. G R.b R', Rare, P.E. Rkft d W. F"m P.E. M J.PA C. AhA. P.E Rotrrt G. Slftwhl. P.E _ RradluM A. L. M& At- M.nl L S db. P.E. Rwu,dF. lurmr, P.E. D.W C. etrr,srdr. P.E. J.. C. Oh.n. Y.E. lm, A. Bo M.. P.E. Mmk A. U.... RE Fed K. F.M. P.E. MkhM C. R..,mm.m P.E. Rohr R. Pflffnk. P.E. CM/rn A. Er L. Lm M. ib.<6kr ll.rbn .N. Ofsm Re: Almquist Lake - Storm Sewer Lift Station Project No. 393 Our File No. 49291 Dear Mayor and Council: Transmitted herewith is our report for Almquist Lake - Storm Sewer Lift Sta- tion. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. -V?a C 0!�e �00" Mark A. Hanson MAH:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. - !~Maark A. Hanson Date: November 9, 1983 Approved Thomas A. Colbert, P.E. Director of Public Works Date: //-- / S `-, _3 0 7986b Reg. No. 14260 0 SCOPE: This project provides for the installation of the necessary equipment within the existing Almquist Lake (Pond LP -4) Lift Station structure. Also included is the construction of an access drive. Almquist Lake is located on the south side of Covington Lane approximately 1,000 feet east of Johnny Cake Ridge Road. FEASIBILITY AND RECOMMENDATIONS: This project is feasible from an engineering standpoint and is in accordance with Ithe Master Storm Sewer Plan for the City of Eagan. The project as outlined herein can best be carried out as one con- tract. However, it may be desirable to include the construction of the access drive with a street project in 1984 due to the extreme difference in the type of construction associated with the access drive and installation of the pumps and control panel. . DISCUSSION: The Almquist Lake Lift Station and force main was constructed and • completed in 1980 as part of the Johnny Cake Ridge Addition, Project No. 287. The 8" diameter force main was constructed from Almquist Lake to the 36 inch diameter storm sewer in Penkwe Way. This storm sewer discharges to Pond LP -57 which in turn discharges to Thomas Lake through a temporary lift station con- structed as part of Brown's Pond Outlet, Project No. 339. Included as part of the lift station construction in 1980 was the necessary inlet and outlet pip - Ing including all valves and the concrete structure. Therefore, construction proposed herein includes two 450 gallons per minute pumps (9.4 horsepower each) and the control panel. Electrical service for the lift station was pro- vided as part of servicing the Johnny Cake Ridge Addition in 1980 by Dakota Electric. Also included is construction of an access drive from Covington Lane to the lift station. The access drive is proposed to be 12 feet wide 7986b Page 1. /2, 0 with a 6 inch thick aggregate base. It is proposed to construct the access drive over the existing sanitary sewer which parallels the 8 inch force main. EASEMENTS: No permanent or temporary easements are required for construction proposed herein. Construction of the access drive will be confined -within the existing sanitary sewer easement and a portion of the ponding easement for Almquist Lake. AREA TO BE INCLUDED: CONSTRUCTION AREA Johnny Cake Ridge Addition Block 1, Lot 15 COST ESTIMATE: Detailed cost estimates are presented in Appendix A located at I the back of this report. The total !estimated project cost is $32,620 which includes contingencies and all related overhead. Overhead costs are estimated • at 27% and include legal, engineering, administration and bond interest. ASSESSMENTS: Costs associated with this project are not proposed to be as- sessed. Trunk area storm sewer assessments for this area were previously as- sessed as part of approval of the final plats for the Brittany Additions, Johnny Cake Ridge Additions and Beacon Hill. • REVENUE SOURCES: Revenue sources to cover the cost of this project are as follows: STORM SEWER lProj. Cost Revenue Balance Trunk '$32,620 1 Trunk Assessment - 0 - $32,620 - 0 - -$32,620 Page 2. 7986b l3 .I L • All caste associated with this project will be financed from the Trunk Storm Sewer Fund and are anticipated to be $32,620. SCHEDULE Present Feasibility Report Public Hearing Approve Plans b Specifications Open Bids Award Contract First Payment Due with Real Estate Taxes 7986b Page 3. 14 December 6, 1983 January 17, 1984 March, 1984 April, 1984 April/Kay, 1984 June/July, 1984 • APPENDIX A 11 n U 7986b $25,680 +27% Legal, Engrng., Admin. b Bond Interest 6,940 TOTAL .............................................. $32,620 Page 4. 15 COST ESTIMATE ALMQUIST LAKE - STORM SEWER LIFT STATION PROJECT NO. 393 LUMP SUM Pumps and control panel @ $20,700.00/L.S. $20,700 300 Cu.yds. Grading for access drive @ $4.00/cu.yd. 1,200 250 Ton Class 5 Aggregate base @ $7.00/ton 1,750 0.4 Acre Seeding w/topsoil @ $2,000.00/acre 800 Total $24,450 +5X Contingencies 1,230 11 n U 7986b $25,680 +27% Legal, Engrng., Admin. b Bond Interest 6,940 TOTAL .............................................. $32,620 Page 4. 15 14 2 17 18 15 16 CSV IIV TSN L NE Ex. 80D.I.P FORCE MAIN 14 PROPOSED 12' WIDE Ex. 18� .C.P. ACCESS ROAD 12 STORM SEWER 15 UTILITY S DRAINAGE /� Ex. LIFT STATION EASEME STRUCTURE PROVIDE PUMPS 9 CONTROLS Ex. 24° R.C. SAN: SEWER 10 PO ALMQUIST LAKE STORM SEWER LIFT STATION PROJECT No. 393 EAGAN , 0 100' 200' 3( Scale— In Feet FILE: 49291 MINNESOTA )6 1 . BONESTROO, ROSENE, ANDERUX & ASSOC.,, INC. Agenda Information Packet • January 17, 1984 City Council Meeting Page Nine PROJECT 373/CEDARVALE 2ND ADDITION B. Project 373, Cedarvale 2nd Addition (Streets and Storm Sewer) - On December 6, 1983, the City Council formally received the feasibility report and ordered the public hearing to be held on January 17, 1984. Detailed copies of the feasibility report were sent to all potentially affected property owners for their review and comment. Because this construction affects existing businesses, several concerns have been addressed to the Public Works Director and the consulting engineer pertaining to the proposed improvements. Subsequently, the Director and the Consul- tant have been meeting with the affected businesses to try and resolve their concerns. It is anticipated that at the public hearing, several comments, concerns, 'and potential objections will be raised pertaining to potential modifications from the proposed improvements contained within the feasibility report. A copy of the feasibility report is provided on pages Q through �_for the Council's information and review during this public hearing process. ACTION TO BE CONSIDERED ON THIS ITEM: To close/continue the public hearing. If the public hearing is - closed, approve / deny/ • modify the project. If approved, authorize the preparation of detailed plans and specifications. • I� 0 -R EPORT ON CEDARVALE 2nd ADDITION STORM SEWER AND STREET IMPROVEMENTS C PROJECT NO. 373 FOR EAGAN, MINNESOTA 1983 FILE NO. 49278 /�o ieetaoo, RodeKe, lgmde " a lq"ocia�" I;m eaft&dwaq come" • A Pawl, MAmmad la w • • • PV W 2335 %V 9...4 -#vA y 36 & P..4 A("~& 55113 Pk.. 612-636-4600 MKOd a. 1-800-622.6573 November 29, 1983 Honorable Mayor and Council City of Eagan 3795 Pilot Knob Road Eagan, Mn. 55122 Re: Cedarvale 2nd Addition Storm Sewer and Street Improvements Project 373 Our File No. 49278 Dear Mayor and Council: Glow R. Cook. P.E Kwh A. C ,I. P.E Th.am E. Hoya.. P.E Rwh W. Fawn, P.E. Rohn G. SMR. . P.E Muria L Sawd.. P.E. Ou.W C. Bu,aldr, P.E. brp A. Radon. P.E Mark A. Hume. P.E. ndK.Fn,,PE .Wxh.0 T. Rm.P.E Rabe R. P1Aprt. P.E. Clack A. Ertrkmn Ln M. P..ehlr Harlan M. Ob.n Transmitted herewith is our report for Cedarvale 2nd Addition, Project 373. This report covers storm sewer, and street improvements and includes a pre- liminary assessment roll. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, ANDERE,LK b ASSOCIATES, INC. Mark A.anson MAH:kf I hereby certify that this Report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engine r under the laws of the State of Min r/ota. Mark A. Hanson, P.E. Date: Novembers 29,,/1983 Reg. No. 14260 Approved by:" L rn•� /�/(/ Y Jomas A. Colbert, P.E. Director of Public Works Date: /,.�? - I S, - F: J 2.� Orr. G. P.E . B 0 Reba W.. Rayne, P.E R.,,, /coral C. Andehk. PE ft Qf. d A. Lr ". RE Rrclard E runny, P.E. ban C Ohoa. P.E Glow R. Cook. P.E Kwh A. C ,I. P.E Th.am E. Hoya.. P.E Rwh W. Fawn, P.E. Rohn G. SMR. . P.E Muria L Sawd.. P.E. Ou.W C. Bu,aldr, P.E. brp A. Radon. P.E Mark A. Hume. P.E. ndK.Fn,,PE .Wxh.0 T. Rm.P.E Rabe R. P1Aprt. P.E. Clack A. Ertrkmn Ln M. P..ehlr Harlan M. Ob.n Transmitted herewith is our report for Cedarvale 2nd Addition, Project 373. This report covers storm sewer, and street improvements and includes a pre- liminary assessment roll. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, ANDERE,LK b ASSOCIATES, INC. Mark A.anson MAH:kf I hereby certify that this Report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engine r under the laws of the State of Min r/ota. Mark A. Hanson, P.E. Date: Novembers 29,,/1983 Reg. No. 14260 Approved by:" L rn•� /�/(/ Y Jomas A. Colbert, P.E. Director of Public Works Date: /,.�? - I S, - F: J 2.� SCOPE: This project provides for the construction of storm sewer, street, and • driveway improvements for Cedarvale 2nd Addition and the adjacent unplatted parcels. The project area for the most part is located between Beau D'Rue Drive and Cedarvale Boulevard (Old T.H. No. 13) and Rahn Road and Silver Bell Road. The main intent of the project is to eliminate the, private service drive abutting Rax and Perkins Restaurants, Minnesota Federal, and Home Juice Co. Also included is upgrading the private service drive abutting County Club Market between Beau D'Rue Drive and Cedarvale Boulevard to City standards for public streets. It is anticipated the private service drive will then be dedicated to the City of Eagan for perpetual maintenance and repair. Storm sever improvements are also included. FEASIBILITY AND RECOMMENDATIONS: The project is feasible from an engineering standpoint and is in accordance with the Master Utility and Street Plan for • the City of Eagan. The project as outlined herein can best be carried out as one contract. It is recommended the newly acquired right-of-way for the pro- posed street have a minimum width of 40 feet. DISCUSSION: A) STORM SEWER: Storm sewer proposed herein is located within the exist- ing drainage ditch along the south side of .Cedarvale Boulevard. This storm sewer is due to the extension of'private drives and the proposed City street to Cedarvale Boulevard as shown on the attached drawing. Catch basin inlet structures will be required at the center of each drive and the gutters of the proposed City street adjacent to Cedarvale Boulevard. Also included is con- struction of a storm sewer line within the proposed City street southerly from Cedarvale Boulevard to the driveway entrance at County Club Market and Cedar - vale Lanes. This storm sewer extension is due to the significant runoff gen- erated from these two parking areas in which no storm sewer presently exists. Page 1. 8282b 21 0 • B) STREET: It is proposed to upgrade the existing private service drive abutting County Club Market from Beau D'Rue Drive to Cedarvale Boulevard to City standards for public streets. Street construction proposed herein in- cludes removing the existing B6 concrete curb along the west side and then constructing B618 concrete curb and gutter along each side. The area between the existing pavement and new concrete gutter will be patched with bituminous and then the entire street will be overlayed with an 1� inch thick bituminous wear course. Restoration of boulevards and driveways is included. It is pro- posed to construct the street to a 32 foot width face of curb to face of curb. It is proposed the northerly drive of Country Club Market onto the proposed public street be considered one way (exit) to enable truck traffic to easily utilize the loading docks at Country Club. C) DRIVEWAY: • a. Rax and Perkins Restaurant: Driveway construction proposed for Rax and Perkins Restaurant includes extending the two drives for Perkins Restaurant to Cedarvale Boulevard along with the westerly drive of Rax Restau- rant. The easterly drive of Rax will connect to the proposed street as shown on the attached drawing. Also included will be removal of the existing ser- vice drive pavement, filling of the ditch and restoration of the open area be- tween each drive. Driveway construction includes B612 concrete curb and gut- ter (24 foot width F.F.) with a 3 inch thick bituminous wear course over a 6 inch thick aggregate base. Also included is relocation of the hydrant north- east of Minnesota Federal. It is assumed Minnesota Federal will utilize the existing service drive in its present condition and therefore is not included in any driveway reconstruction proposed herein. However, a drainage swale will be required from the Minnesota Federal Service Drive to the drainage • ditch. Page 2. 8282b VL 0 b) Mister Donut and Home Juice Co.: Improvement associated with Home Juice Co -and Mister Donut include elimination of the service drive abut- ting Home Juice Co. It is proposed to construct B612 concrete curb and gutter adjacent to Mister Donut to properly convey drainage from their parking area to the drainage ditch. Also included is restoration of the disturbed area due to removal of the service drive. AREA TO BE INCLUDED: Assessment Area NE4 Section 19 010-04 020-04 050-04 060-04 - • Cedarvale 2nd Addition Lot 1 Block 1 Lot 2 Block 1 Lot 3 Block 1 Lot 4 Block 1 Construction Area NE;t Section 19 010-04 020-04 050-04 060-04 Cedarvale 2nd Addition Lot 1 Block 1 Lot 2 Block 1 Lot 3 Block 1 COST ESTIMATE: Detailed cost estimates are presented in Appendix A located at the back of this report. A summary of these costs are as follows: A) Storm Sewer $ 45,600 B) Street 34,150 C) Driveway a) Rax 6 Perkins Restaurant 33,990 b) Mister Donut 6 Home Juice Co. 6,180 TOTAL $119,920 The total estimated project cost is $119,902 which includes contingencies and all related overhead. Overhead costs are estimated at 27% and include • legal, engineering, administration and bond interest. Page 3. 8282b Z3 0 ASSESSMENTS: Assessments are proposed to be levied against the benefited property. A preliminary assessment roll is included at the back of this re- port. All costs presented herein will be revised based on final costs. A) STORM SEWER: All storm sewer construction proposed herein is lateral storm sewer. Therefore, all costs associated with storm sewer will be as- sessed to the benefited property on an area basis as shown on the attached drawing. Trunk area storm sewer for this area has not been assessed and is not proposed to be assessed as part of this project. It is assumed trunk area storm sewer for this area will be assessed at the time trunk storm sewer fa- cilities further down stream are constructed. B) STREET: All costs associated with constructing the street adjacent to County Club Market from Beau D'Rue Drive to Cedarvale Boulevard is proposed to • be assessed on a front foot basis against the abutting property. It is pro- posed however that 50% of the front footage for Rax Restaurant be assessed against Perkins Restaurant. C) DRIVEWAY: a. Rex and Perkins Restaurant: All costa associated with driveway and boulevard restoration for Rax and Perkins Restaurant will be assessed 50% to Rax and 50% to Perkins. Included as part of this cost will be the necessary excavation to backfill.the existing open ditch. b. Mister Donut and Home Juice Co.: All costs associated with removal of the access drive abutting Home Juice Co. and construction of the concrete curb and gutter abutting Mister Donut will be assessed 50% to Mister Donut and 50% to Home Juice Co. REVENUE SOURCES: Revenue sources to cover the cost of this project are as • follows: Page 4. 8282b ;L4 • Project Cost Revenue Balance STORM SEWER Lateral $45,600 Lateral Assessment $45,600 $45,600 $45,600 - 0 - STREET Lateral $34,150 Lateral Assessment $34,150 $34,150 $34,150 - 0 - DRIVEWAY a. Raz and Perkins Restaurant Lateral $33,990 Lateral Assessment $33,990 $33,990 $33,990 - 0 - b. Mister Donut 6 Home Juice Co. Lateral $ 6,180 Lateral Assessment $ 6,180 • $ 6,180 $ 6,180 - 0 - Total - 0 - There is no obligation from the City Trunk Funds for this project. • PROJECT SCHEDULE Present Feasibility Report December 6, 1983 Public Hearing January 17, 1984 Approve Plans 6 Specifications Feb./Mar., 1984 Open Bids Mar./Apr., 1984 Award Contract Apr./May, 1984 Construction Completion August, 1984 Assessment Hearing September, 1984 First Payment Due with Real Estate Taxes May, 1985 Page 5. 8282b • APPENDIX A COST ESTIMATE CEDARVALE 2ND ADDITION STORM SEWER AND STREET IMPROVEMENTS PROJECT 373 A. STORM SEWER 420 Lin.ft. 360 Lin.ft. 50 Lin.ft. 4 Each 4 Each 2 . Each 16 Cu.yds. 50 Cu.yds. 830 Lin.ft. • • B. STREET 510 Lin.ft. 800 Sq.yds. 200 Ton 1,310 Lin.ft. 330 100 70 8282b Sq.yds Ton Ton 24" RCP storm sever in place @ $30.00/lin.ft. 18" RCP storm sever in place @ $26.00/lin.ft. 12" RCP storm sever in place @ $22.00/lin.ft. Std. 4' diam. MH w/cstg. @ $1,000.00/ea. Std. CB v/cstg. @ $800.00/ea. 24" RCP flared end with trash guard @ $900.00/ea Rip rap @ $50.00/cu.yd. Rock stabilization below pipe @ $10.00/cu.yd. Mechanical trench compaction @ $1.00/lin.ft. Total + 5% Contingencies + 27% Legal, Engr:, Adminis. b Bond Interest Total Remove existing concrete curb @ $1.00/lin.ft. Remove bituminous pavement @ $2.00/sq.yd. Class 5, aggregate base @ $7.00/con B618 concrete curb and gutter @ $6.00/lin.ft. Bituminous mixture for patching @ $5.00/sq.yd Bituminous leveling course @ $12.00/ton Bituminous base course @ $12.00/ton Page 6. 2.% $12,600.00 9,360.00 1,100.00 4,000.00 3,200.00 1,800.00 800.00 500.00 830.00 $34,190.00 1,710.00 $35,900.00 9,700.00 $45,600.00 $ 510.00 1,600.00 1,400.00 7,860.00 1,650.00 1,200.00 840.00 • APPENDIX A (CONT'D) B) STREET (CONT'D) 200 Ton Bituminous wear course @ $12.00/ton 2,400.00 20 Ton Bituminous material for mixture @ $210.00/ton 4,200.00 100 Gals. Bituminous material for tack coat @ $1.50/gal. 150.00 180 Sq.yds. Bituminous mixture for driveway patch @ $10.00/cu.yd. 1,800.00 1,000 Sq.yds. Sod with topsoil and mulch @ $2.00/sq.yd. 2,000.00 Total $25,610.00 + 5% Contingencies 1,280.00 $26,890.00 + 27% Legal, Engr., Adminis. 6 Bond Interest 7,260.00 Total $34,150.00 C) DRIVEWAY a) Rax and Perkins Restaurant 325 Lin.ft. Remove existing concrete curb @ $1.00/lin.ft. $ 325.00 • 1,460 Sq.yds. Remove bituminous pavement @ $2.00/Sq.yd. 2,290.00 1,100 Cu.yde. Common excavation @ $2.00/cu.yd. 2,200.00 1• Each Relocate existing hydrant @ $500.00/ea. 500.00 420 Ton Class 5, aggregate base @ $7.00/ton 2,940.00 760 Lin.ft. B612 concrete curb and gutter $5.00/lin.ft. 3,800.00 100 Ton Bituminous base course @ $12.00/ton 1,200.00 100 Ton Bituminous wear course @ $12.00/ton 1,200.00 11 Ton Bituminous material for mixture @ $210.00/ton 2,310.00 60 Gals. Bituminous material for tack coat @ $1.50/gal, 90.00 40 Sq.yds. Bituminous mixture for patch b $wale @ $10.00/sq.yd. 400.00 3,800 Sq.yds. Sod with topsoil and mulch @ $2.00/sq.yd. 7,600.00 Total $25,485.00 + 5% Contingencies 1,275.00 + 272 Legal, Engr., Adminis. 6 Bond Interest Total • Page 7. 8282b �-7 $26,760.00 7,230.00 $33,990.00 • A APPENDIX A (CONY D) C) DRIVEWAY (CONT'D) b) Mister Donut and Nome Juice Co 700 Sq.yds. Remove bituminous pavement @ $2.00/sq.yd. $ 1,400.00 20 Ton Class 5 aggregate base @ $7.00/ton 140.00 50 Lin.ft. B612 concrete curb and gutter @ $5.00/lin.ft. 250.00 44 Sq.yda.. Bituminous mixture for patch b Swale @ $10.00/sq.yd. 440.00 1,200 Sq.yds. Sod with topsoil 6 mulch @ $2.00/sq.yd. 2,400.00 Total $ 4,630.00 * 5% Contingencies 230.00 $ 4,860.00 * 27% Legal, Engr., Adminis. 6 Bond Interest 1,320.00 Total $ 6,180.00 SUMMARY A) Storm Sewer B) Street C) Driveway a) Rax and Perkins Restaurant b) Mister Donut b Nome Juice Co. TOTAL 8282b Page 8. $45,600.00 34,150.00 33,990.00 6,180.00 $119,920.00 • B. STREET Parcel Description NEk Section 19 050-04, Country Club Market 060-04, County Club Market, Cedarvale 2nd Addition Lot l Block 1, Cedarvale Lanes Lot 2 Block 1, Rax Restaurant Lot 3 Block 1,,Perkins Restaurant n Front Footage Rate/F.F. Total Assessment 1983 1983 21,808 9,913 9,913 $45,600 Total 290.04 32.79 „$ 9,509 239.07 32.79 7,838 255.98 32.79 8,393 128.25 32.79 4,205 128.25 32.79 4,205 1041.59 $34,150 Page 9., 8282b q APPENDIX B • COST ESTIMATE CEDARVALE 2ND ADDITION STORM SEWER AND STREET IMPROVEMENTS PROJECT 373 A) STORM SEWER (LATERAL) Parcel Area Cost/ Description (acres) Acre NE;g, Section 19 050-04, Country Club Market 0.3 $6,609 060-04, Country Club Market 0.3 6,609 CEDARVALE 2ND ADDITION Lot 1 Block 1, Cedarvale Lane 3.3 6,609 Lot 2 Block 1, Rax Restaurant 1.5 6,609 Lot 3 Block 1, Perkins Restaurant 1_5 6,609 6.9 • B. STREET Parcel Description NEk Section 19 050-04, Country Club Market 060-04, County Club Market, Cedarvale 2nd Addition Lot l Block 1, Cedarvale Lanes Lot 2 Block 1, Rax Restaurant Lot 3 Block 1,,Perkins Restaurant n Front Footage Rate/F.F. Total Assessment 1983 1983 21,808 9,913 9,913 $45,600 Total 290.04 32.79 „$ 9,509 239.07 32.79 7,838 255.98 32.79 8,393 128.25 32.79 4,205 128.25 32.79 4,205 1041.59 $34,150 Page 9., 8282b q APPENDIX B (CONT'D) • C. DRIVEWAY Parcel Percentage Total Description of Cost Assessment a) Rex and Perkins Cedarvale 2nd Addition Lot 2 Block 1 Rax Restaurant 50% $16,995 Lot 3 Block 1 Perkins Restaurant 50% 16,995 Total $33,990 b) Mister Donut and Nome Juice Co. NE34 Section 19 • 010-04, Mister Donut 50% 020-04, Nome Juice Co. 50% Total 8282b c, Page 10. 3o $ 3,090 3,090 $ 6,180 SUMMARY • PRELIMINARY ASSESSMENT ROLL CENDARVALE 2ND ADDITION STORM SEWER AND STREET IMPROVEM PROJECT NO. 373 .• Page 11. 8282b 31 STORM SEWER STREET DRIVEWAY Mister Donut Parcel Rax b 6 Home Total Description Perkins Juice Co. Assessment NA Section 19 010-04, Mister Donut $ 3,090 $ 3,090 020-04, Home Juice Co. 3,090 3,090 050-04, Country Club 1,983 9,509 11,492 060-04, Country Club 1,983 7,838 9,821 • Cedarvale 2nd Addition Lot 1 Block 1, Cedarvale La. 21,808 8,393 30,201 Lot 2 Block 1, Rax Rest. 9,913 4,205 16,995 31,113 ' Lot 3 Block 1, Perkins Rest. 9,913 4,205 16,995 31,113 $45,600 $34,150 $33,990 $ 6,180 $119,920 .• Page 11. 8282b 31 DMRJ ONUT 'N . 'ET AND DRIVEWAY IMPROVEMENTS CITY PROJECT NO. 373 FA GA , M/NNfSOT SCALE: 1"- 100' n o n m ONE V Exit VACANT COUNTRY CLUB' MARKETi i "7 ii Ax PERKINS MINN. I FEDER 3 �2, CEDARVALE LANES m,m1'1i11l'11111i1I P STORM SEWER IMPROVEMENTS 00 uT CITY PROJECT NO. 373 m 1 J-,EAGANq.MINNESOTA SCALEI"sloo, r � m 0 HOME Ty <o ` JUICE CO. VACANT 1 . rn Gp�,O <1 dRIC o ; m COUNTRY CLUB _ MARKET v a PROPOSED STOR ' m a RAX CEDARVALE i LANES ; C p i 1 m Illlllllilllillllllia N PERKINS =AMESSIMENTBOUND RY IT Illlllllllllll�lllla J MINN. 2 `1 FEDER i RAHN ROAD Agenda Information Packet January 17, 1984 City Council Meeting • Page Ten LIQUOR LICENSE POLICY CHANGE A. Request for Reconsideration of Liquor License Policy Change -- Mr. David Perrier, representing Perrier 8 Associates, Inc., is again requesting a liquor license policy change before the City Council. Mr. Perrier presented this request before the City Council at the November 15, 1983, City Council meeting; however, there was no consideration given due to lack of justifi- cation presented by Mr. Perrier in advance of the meeting and further no action was taken because there are currently four off -sale license that have been issued and the policy provides for a maximum of four licenses. A letter has been submitted by Mr. David Sellergren, representing Mr. Perrier, asking that the City Council reconsider its off -sale liquor license policy by amending the policy to include a fifth license. A copy of this letter is enclosed on pages S through 3'7 It was determined by the City Council that before an__o_f7-sale liquor license policy change would be further considered, it would be helpful to learn the status of the two (2) outstanding liquor licenses currently issued to Mark and Pam McCrea, and Jean Parranto • of J.E. Parranto and Associates. The City Administrator has requested that letters relating that status be submitted to the City; however, it is unlikely that correspondence will be received in time for the administrative packet on Monday. There- fore, it is anticipated that this item will be continued until the February 7, 1984, meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a change in the liquor license policy to add a fifth off -sale liquor license if all information is received and evaluated or in the absence of sufficient information, the liquor license policy change would be continued until the February 7, 1984, City Council meeting for further review and consideration. 34 Agenda Information Packet January 17, 1984 City Council Meeting • Page Eleven OFF -SALE LIQUOR LICENSE APPLICATION/PERRIER & ASSOCIATES, INC. B. Off -Sale Liquor License Application, Perrier and Associates, Inc. for Hilltop Plaza -- This item also appeared on the November 15, 1983, City Council agenda; however, there was no action taken due to the fact there was no action taken on an amendment to the off -sale liquor license policy. Consideration of an off -sale liquor license application for Perrier and Associates can only be considered if there is a change to the off -sale liquor license policy as reviewed in Item A. of Old Business. Copies of the off -sale liquor license application were distributed with the November 15 City Council packet and to date there have been no changes regarding the information contained in that application. It is anticipated this item will also be continued until the February 7 City Council meeting at which time additional copies of the off -sale liquor license application will be made available. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the off -sale liquor license application if a change in the off -sale liquor license policy is considered or continue the off -sale liquor license application until the February 7, 1984, City Council meeting pending further consideration on an amendment • to the off -sale liquor license policy.. LEXINGTON SOUTH PARKLAND DEDICATION C. Review of Lexington South Parkland Dedication -- The Advisory Parks and Recreation Commission has recently expended considerable time reviewing the proposed Lexington South Planned Unit Development parkland dedication. At its regular meeting held on January 5, 1984, the matter was reviewed as a commission and with the owner of the PUD, Mr. Jim Curry. Consideration to accept parkland dedication for the Lexington South PUD has further been reviewed by the Director of Parks and Recreation, the City Administrator, the City Attorney and the City's consulting planner, Mr. John Voss. The City Council reviewed this item at its special City Council meeting held on January 10, 1984. The Advisory Parks and Recreation Commission again met in special session on Wednesday, January 11, to further consider the parkland dedication matter. The Director of Parks and Recreation is preparing a memorandum (and a copy will be enclosed on Monday with the Administrative Packet) which will outline action that was taken by the Commission in the form of a recommendation to the Council. As part of that informa- tion, a map will be included, illustrating the parkland dedication as it relates to the Planned Unit Development. Since the Planned Unit Development is approximately ten (10) years in age, it seemed appropriate that the City Attorney review the City's • rights as to whether parkland requirement could be modified 3$ Agenda Information Packet January 17, 1984 City Council Meeting Page Twelve • from what the original intention of parkland dedication was in the Planned Unit Development agreement. The City Attorney has been asked to provide comments on this issue; a copy of his letter is enclosed on pages 40 hrough 4 1 The City Administrator has requested a map from the property owner, Mr. Jim Curry, as it relates to the church sales that he has made recently for land located in the Lexington South PUD. Enclosed on pages through +3 is a copy of Mr. Curry's key to the church sales map and a copy of the map. ACTION TO BE CONSIDERED ON THIS ITEM: To consider the recommenda- tion of the Advisory Parks and Recreation Commission and approve, deny, modify, or continue acceptance of the parkland dedication as it relates to the Lexington South Planned Unit Development. PJ • J9 • • is R NOTE: The memo from Paul Hauge on this item was not received at the time of printing of the packet and will be included with the administrative packet on Monday. f • HAUGE, SMITH, EIDE & KEI LER, P. A. ATTORNEYS AT LAW PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Thomas Hedges Eagan City Administrator 3830 Pilot Knob Road Eagan, MN 55122 CEDARVALE PROFESSIONAL BUILDINGS 3908 SIBLEY MEMORIAL HIGHWAY EAGAN. MINNESOTA 55122 January 13, 1984 RE: Lexington South Planned Unit Development Dear Tom: AR" C90E 512 TELEPHONE 454.4224 CONFIDENTIAL You have asked that I review certain questions relating in particular to park dedication under the Lexington South Planned Development. I have reviewed a number of documents, including the Planned Development Agreement, dated June 21, 1976 and revised October 26, 1976. Some of the questions that have arisen and comments are as follows: 1. Should the land that has been dedicated to the City by the Lexington South Developers/Owners be given 100% credit for all land, including areas with ponds and also those areas where utility easements such as the Northern States Power Highline is incldued7 Paragraph 10 of the Agree- ment states as follows: "Owner has offered to dedicate to Eagan, certain parts of subject lands as public parks, generally as shown on the plan set in Exhibit D. Owner will make such dedication as approval by Eagan is received of each final plat according to the City of Eagan Planned Development Park Dedication Policy dated October 19, 1976, a copy of which is attached and marked Exhibit G" Exhibit D is the Land Use Plan of Lexington South with certain areas darkened and certain areas marked P - Parks, open space. Exhibit G is labeled as the Planned Development Park Dedication Policy. Clearly the wording there is that the dedication shall be made at the time of final plat approval under the then existing regulations or ordinances of the City of Eagan for fulfillment of park dedication requirements, or a cash escrow. It does not state that the designated areas on an Exhibit to the Planned Development Agreement must control. In addition, the theory of the Planned Development Agreement is to allow flexibility both for the developer and the City and generally in larger planned developments, there was no precise definition of park land at the time the agreement was originally signed. It is my understanding that in Lexington South there have been some changes in the designation and dedication of park land through the years. M Thomas Hedges • January 13, 1984 Page 2 It is my understanding that the City Park Policy relating to park credit for pond area was adopted by the City in 1974, before the Lexington South agreement was signed, and if so, that policy should control. It is also my understanding that the policy regarding the dedication of park within utility easements, such as the NSP Easement was also Contem- plated at the time of the agreement, and there are documents supporting this position. In addition, paragraph 15 of the agreement, Ponding Dedication, states that "the easements for public ponding areas may be dedicated when rea- sonably required for such purposes upon the recommendations of the City Engineer as related to each final plat. Owner will make such dedications as approval by Eagan is received of each final plat of the subject land . " It could also be argued therefor that ponding dedication must relate to each final plat as each is submitted. Exhibit D as referred to does not precisely appear to portray the ponds in the development. Paragraph 21 further indicates that the owner agrees to reasonable com- pliance with all City Council ordinances which may effect the develop- ment. • 2. Must the City accept dedication of all parcels specifically designated in the Exhibit attached to the Planned Development Agreement, and if not, must it in any event allow the developer a credit toward the total acreage required to be dedicated under the planned development? Paragraph 10 of the agreement regarding dedication at the time of each final plat, according to the Planned Development Park Dedication Policy, marked Exhibit C is discussed above. There have been several trades for park land through the years and another is being proposed for Capricorn Park by the Park Committee. In addition, the exact layout of certain parks has changed, which is also true of the proposed Westbury Addition park parcel. 3. May the City require park dedication according to its present commercial or industrial park dedication policy at the time of approval of each final plat? The Addendum to the agreement dated June 24, 1977, paragraph 5.a. indicates that in the event that a parcel within the planned de- velopment is developed for commercial use, designated as such in the Land Use Plan, Exhibit D, then all applicable provisions of the Eagan Zoning Ordinance, including those requirements for that zoning classification shall apply, except modifications approved in the planned development agreement. It would appear from that Thomas Hedges wording that when the parcel is developed for commercial use, unless there is some modification in the agreement, that the ordinance regarding park dedication require- ments would apply at the time of the approval of final plat. • Thomas Hedges January 13, 1984 Page 3 Also, the Eagan park dedication policy for Commercial land clearly requires that there be a park equivalent contribution when a building permit is issued. PHH: ras • Very truly yours, HAUGE, SMITH, EIDE 3 KELLER, P.A. Paul H. Hauge 41 r �) Q City Park , , i Lexington South fill Land Use Plan , uuplbn �I . E. R1 (2uniac)RI•E(tua/ao) . R-3 I R2 mix.res.(3.6urVac.) 2 I' R3 mix. ros.(6"12un,ioa) R4 multiple (12+un./ac4 LB Itd.bus. y4 CB gen.bus. tt CSC comm.shpng.entr. ' e0b agricultural R^2 - Ath.Fleld - s ••g Parke -open space 3 land bank first' phase title X - R-4 Elementary�/?5 .� R-4 csAH 30 J = R-9 O to L a sold R74 1 exception Wlldemese Rtn I R_1 - - CSC • OB LB sold 2e s� ^ R-1 _ 1 n"Ji — r - Tom• \� . - \ V� V\ w 'l R' Q 1,l '` Oak Chose - �I.. �� i. �n To cob eatd `_Lakewo� 1141 9 L sold R-2 ° \ j 20 �. •_--- _ \c, CAU Fd• [— CSAR 3z�� ak0ta County Park ti v 1 Wiand Lake i �--\ • Agenda Information Packet January 17, 1984 City Council Meeting Page Thirteen PRELIMINARY PLAT/WESTBURY ADDITION D. Gabbert Development for a Preliminary Plat for Westbury, Consisting of Approximately 47 Acres and Containing a 129 Single - Family Lots and 28 Twinhome Lots -- The proposed preliminary plat for Westbury Addition was considered by the City Council at the December 20, 1983, meeting and continued for additional review and redesign until the January 3, 1984, meeting. At that meeting there was considerable discussion regarding proposed parkland that is land -locked. Any further consideration of the Westbury preliminary plat as proposed was continued to allow the Advisory Parks and Recreation Commission to review the parkland as recommended for acceptance for the Westbury preliminary plat. The Advisory Parks and Recreation Commission reviewed the Westbury parkland dedication matter at their regular meeting held on January 5, 1984, and again at a special meeting on January 11. Enclosed is a copy of the Director of Parks and Recreation's com- ments regarding this item for City Council review. This information is enclosed on pages Ar5 through 4 For additional information on the Westbury preliminary• plat, a copy of the • City Planner's report and a small print of the preliminary plat of Westbury is enclosed on pages4- 7rthrough $ Also, the City Council may wish to bring their larger drawing that was distributed as a part of the January 3, 1984, City Council packet material. • ACTION TO BE CONSIDERED ON THIS ITEM: preliminary plat for Westbury Addition. M1 To approve or deny the • January 12, 1984 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: EXCERPTS FROM THE SPECIAL MEETING OF THE PARKS b RECREATION ADVISORY COMMISSION - JANUARY 11, 1984 - PROPOSED,WESTBURY PLAT, LEXINGTON SOUTH PUD Tom, the following is a brief summation and excerpts from the minutes of January 11, 1984 regarding the Westbury Plat and Lexington South PUD. All but two members were in attendance at this special Advisory Commission Meet- ing which lasted for nearly three hours. A great deal of the time was spent in reviewing the Lexington South PUD park parcels and negotiating parkland credits against those parcels. In reviewing the park parcel as proposed in the Westbury Preliminary Plat, discussion centered around the lack of access to the proposed open space area from the north, its only use as an open space area which is duplicative of the efforts in Patrick Eagan Park, as well as other factors. The Advisory Parks Commission, while recognizing the open space value of the parcel, reached a concensus that its inclusion as parkland in the City's park system was not an objective. Therefore, there was a motion by Carroll, seconded by Masin, to recommend to the City Council that the proposed 8.4 acres of parkland in • the Westbury Preliminary Plat be rejected for the reasons previously discussed. Mr. Jim Curry of Lexington South indicated that he would like to donate to the City as a gift the area which is currently shown as an outlot. He ex- plained his reasonings to the Advisory Commission, explaining that Gabbert Development Company did not wish to include the parcel into residential lots. He provided other explanations as to his not wanting to include it as part of the residential lots and indicated that he would then have a parcel of land which would not be suitable for any other purposes. He indicated that he did not wish to maintain the parcel and have it go tax forfeiture and he did not wish to be known for having parcels of land in a community which would even- tually fall under this category. n U The Advisory Parks and Recreation Commission then discussed the acceptance of this parcel as a donation to the City. Member Thurston questioned the issues of maintenance and future obligations for the parcel from adjacent residents. She asked if there was a mechanism which would protect the City from having to, in future years, provide park development to the area. Director of Parks and Recreation Vraa responded that the parcel could be accepted as a gift and a letter extended to Mr. Curry noting that this parcel had been received in such a manner. In this manner, the parkland would not be credited against the Lexington South PUD. He went on to explain that the parcel could be designated in the lowest category of parks maintenance and carried in the 45- TOM HEDGES, CITY ADMINISTRATOR • PAGE TWO JANUARY 12, 1984 parkland inventory listing as "open space". It was also suggested that the marketing materials of Gabbert Development reflect this as open space and not as City parkland or nature area. After further discussion, there was a motion by Thurston, seconded by Masin, to recommend to the City Council that the out - lot of 8.4 acres in the proposed Westbury Plat be accepted as a gift from Mr. Curry, assuming that the parcel is classified as open space and no park- land credits against.the Lexington South PUD is recorded. On a vote of the motion, all members were in favor. Chairman Martin said that a letter to Mr. Curry thanking him for the gift should also be extended which he might be able to use for tax purposes. Tom, please be advised that the Advisory Parks and Recreation Commission and Mr. Curry did reach an agreement as to the acreage credits for each parcel in the Lexington South PUD which I will get typed up and sent to you as early as possible. I trust this memo will answer the Council's questions concerning the Commission's feelings and recommendations regarding the proposed park parcels. • KV/js • 10, 0 0 a MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, CITY PLANNER DATE: DECEMBER 27, 1983 SUBJECT: UPDATE ON WESTBURY PRELIMINARY PLAT At the December 20, 1983 City Council meeting, the City Council con- tinued the preliminary plat for additional review and redesign of the proposed plat. At the present time, the developer is in the pro- cess of redesigning theplatand increasing the lot sizes from what was originally proposed. Presently, it is staff's understanding that the minimum lot width being proposed will now be 65' and the lots will average in the neighborhood of 9,000 square feet. At the pre- sent time, staff cannot do a revised critique of the plat because the applicant is still redesigning and preparing the revised exhibits. Staff has requested that a large copy be provided for each of the City Councilmembers.and colored indicating which lots will be duplex lots, which lots single family and which lots will be larger single family. These exhibits should be submitted in the packet for City Council review. Staff, however, will do a revised report, and this revised report will then be presented to the City Council at the meeting on January 3, 1983. -Due to the holidays, the administra- tive packet will not be going out on Monday, January 2nd. There- fore, the revised report will have to be presented orally at the January 3, 1984 City Council meeting. The revised site plan and colored renderings should give the City, Council an insight as to what the applicant'is proposing and what the square footage of the lots will be in the revised Westbury pre- liminary plat. Hopefully, this will provide additional information to the City Coun- cil in regard to this Council agenda item. Sincerely, Dale C. Runkle City Planner DCR/jach A-1 1 w' Ti iI'Gria T�pt�i^rt• A - r a N rA� - r , rrY•� t'�i .i rr�w;�:�turi.�4fj'�4.• '� d"� 'ry \ _ ;�i���,��[ j. �. 1r i �a Kai � ��,, 71:'6.7'+ � ... � .,:. g'. I�'�i��'�Y � ��j Ia�AJ�'`�`���; ���:,���h' t�1��i.+E'++?•ii i�E�:''' �#,� •�il } r 11�� J r r ' o, r� �� ' Y 'e�'��li�q� ;�; ` ~��� � ��,�'3}• , ��� � -�. �'���yE t �_01 [.�����, ��',�� ! ��.�`:y►Y �,'` � .�svi�J•`•��' ' J• ,�LEl ::�:'.'.1'�'1��E1•r; LE��I. r; �.I •.{ /i i 1 i�19i;.� �' jC '��" NL �idQ .J .. ..i r:. �iS.:. F d. �. l_•:rL.hr: .moi.. , _ �. �i!'...a >-r��.—.a•' !, `'V O! 6191 -- NOIDNIXTI , mca w 8 Rt a i3 ' u B ¢ r _ f 11 001M. i fl I l • 1_ r ' xi r0 11, ' 1- {, }m m Q (yIL 1Q it � . :i im _ fI l ` Ai, y'�jt\ = _� 'b �y 14 @r • !Q Zvi , m a — 8LD 1 /� a 1 „ W u 10 61 I } '72 11 n LJ E n LJ Agenda Information Packet January 17, 1984 City Council Meeting Page Fourteen CONDITIONAL USE PERMIT/NAEGELE OUTDOOR ADVERTISING E. Naegele Outdoor Advertising Company for Conditional Use Permit for an Outdoor Advertising Sign -- This item has appeared on several City Council agendas dating back to late summer 1983. An understanding was made between the City of Eagan and Naegele Outdoor Advertising Company that this conditional use permit would not be acted upon until the sign application presented by National Advertising Company was given action by the City Council. Action was taken by the City Council at the December 20, 1983, City Council meeting to deny the advertising permit requested by National Advertising Sign Company. All information relating to the Naegele Outdoor Advertising Company request for conditional use permit to allow an outdoor advertisinq sign is again enclosed on pages—through 5(o An ordinance amendment to Chapter 11 of the City Code exc—Turfing outdoor adver- tising signs in railroad right-of-way has been adopted by the City Council and will be published as a part of the overall zoning ordinance amendment and included in the City Code revisions. ACTION TO BE CONSIDERED'- ON conditional use permit for by Naegele Outdoor Advertising THIS ITEM: • To an advertising Company. 51 approve or deny a sign as requested �J CITY OF EAGAN SUBJECT: CONDITIONAL USE'PERMIT FOR AN OUTDOOR AD- VERTISING SIGN APPLICANT: NAEGELE OUTDOOR ADVERTISING COMPANY LOCATION: SEa OF THE SA OF SECTION 18, PART OF GOVERN- MENT LOT 8 (PARCEL 10-01800-021-57) EXISTING "ZONING: L-1 (LIGHT INDUSTRIAL DISTRICT) DATE OF PUBLIC HEARING: JULY 26, 1983 DATE OF REPORT: JULY 19, 1983 REPORTED BY: SANDRA P. JUSTIN, PLANNING ASSISTANT APPLICATION SUBMITTED: An application has been submitted for a condi- tional use permit for an outdoor advertising sign to be located at the SE; of the SA of Section 18, Parcel 10-01800-021-57 of Government Lot 8 (southwest quadrant of Nicols Road and railroad right-of-way). COMMENTS In accordance with the Sign Ordinance, advertising signs must follow these criteria: Advertising signs are permitted on property zoned business or industrial. No sign shall be located nearer than 20 feet from any street or highway right-of-way. No advertising sign shall be located nearer to any other adver- tising sign than 1,000 lineal feet on the same side of the street or within 300 lineal feet of any advertising sign on the opposite side of the street. 4) No advertising sign shall be located on a platted lot which con- tains a business sign or within 300 feet of any business free- standing, ground sign or pylon sign measured on the same side of the street. 5) No advertising sign shall be located within 200 feet of any re- sidential zone, whether on the same or opposite side of the street. 6) No advertising sign shall exceed 250 square feet in area except when adjacent to limited access highway, in which case the City Council shall determine the maximum size after reviewing appli- cable conditions including terrain, safety factors, etc. 5D CITY OF EAGAN CONDITIONAL USE PERMIT FOR AN OUTDOOR ADVERTISING SIGN - NAEGELE • JULY 19, 1983 PAGE TWO 7) No advertising sign shall exceed 40 feet in height measured at �? lot level, roadway level or a specified point between the two levels as determined by the City Council. The level used shall be based on visibility factors from the adjacent roadway(s). After reviewing the application, it appears that the proposed sign meets the criteria for outdoor advertising signs with two exceptions. Approval of the permit should be subject to the following considera- tions: 1) The size of the proposed sign is 468 square feet, which exceeds the City standard by 2.18 square feet. The Council shall deter- mine the maximum size allowable for this sign. 2) The height of the proposed sign extends 19.feet above the road- way and .50 feet above the lot level. The City Council shall spec- ify the point from which the height is to be measured recognizing the maximum height standard of 40 feet. SPJ/jach M CI • L,w r - N • • t fo Scale I, �o'i' /S i i i 31� lSo• 77 p \_/. .. t' ^4 y.. I '�� /,. ].il.'`�.. • ftp: �.pry r j , r N Lf(� Minnetonka f /� �' ;' a a better place r ��°"*�_,�, err • I .I to be. I ::•.�•�=KNIXINIM . ...•. • +.. f � _. ., 1 1 1./vAl�.- _ _. 1 1\.:L1:. 1111111111II: J/ll/I_ , .�.� .�'. '�t's�fY�!' f"-7'R��1��'�I'_".' � '�S: '��` f ` I�...�,y�:+s1 .:.�af��'Li.. \� .t•,�•,. �_�'.•��'�-�. '•'lll ti� �.,' � � ti_5 '.. , �e 1+-... ,F €_ -...�v � .ter— a^Yt�e r—.•�, ��r �.r ��-.,_. r. I y, .y •��a. .,�- ���'�.� rr_,�,=�IY/a°I!3 1��`�� w'.w ~ -�•w:. _ � M ILI FP NAEGELE OUTDOOR ADVERTISING SIGN - CONDITIONAL USE PEMUT • The hearing,covering the application of Naegele Outdoor Advertising Sign Co. for conditional use permit for outdoor advertising sign in the Southeast 1/4 of the Southwest 1/4 of Section 18,.at the southwest quadrant of Nichols Road and railroad right-of-way, was presented to the Planning Commission. Mr. Runkle presented the background of the application and noted that the sign will be 150 feet south of the center line of the rail road right-of-way on private property. Julianne Bye of Naegele was present and stated that she understood that her application was submitted before that of National in the same area. The poster panel on old Cedar Avenue will be removed by the applicant and it would rebuild a new sign along New Cedar. She noted that an application had been submitted by Naegele in 1981 and had been denied by the City Council. She also stated that Naegele now has a new advertising sign size and requested that it exceed the maximum size limitation in order to communicate better with the moving vehicles. She stated that the size was based on an extensive study of the issue. Two feet on top of the sign is provided for extended advertising space which is not always used, but could contain logo or figures. The sign would be. located 125 feet from the proposed National Advertising Sign permit location and it was noted that the applica- tion is subject to the 1,000 foot lineal setback from other existing adver- tising signs on the same side of the street. The variance would then be required for the size and also distance from permitted advertising location. Mulrooney moved, Krob seconded the motion to recommend denial for the following reasons: 1. That another permit had been issued for National Advertising. Is Company within the restricted 1,000 feet from the current location proposed by the applicant. 2. That the sign would exceed the maximum square footage allowed under the Eagan Ordinance. All voted yes. • 6! Agenda Information Packet January 17, 1984 City Council Meeting iPage Fifteen J E NAEGELE OUTDOOR ADVERTISING COMPANY/CONDITIONAL USE PERMIT F. Naegele Outdoor Advertising Company for a Conditional Use Permit for an Advertising Sign Containing 360 Square Feet -- A public hearing was held before the Advisory Planning Commission at their regular meeting held on November 22, 1983, to consider a conditional use permit allowing construction of an outdoor advertising sign by Naegele Outdoor Advertising Company in the northeast quadrant of old Cedar Avenue and Trunk Highway 13. The Advisory Planning Commissioncommending denial o the size increase requested for the advertising sign. is item was continued from the December 20, 1983, City Council agenda at the request of Naegele Outdoor Advertising Sign Company. For information on this item, refer to the City Planner's report, a copy of which is enclosed on pages s$ through For action that was taken by the Advisory Planning Commis- sion refer to pagesthrough 6- . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for an advertising sign for Naegele Outdoor Advertising Company in the northeast quadrant of old Cedar Avenue and Trunk Highway 13. S-7 • CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: NAEGELE OUTDOOR ADVERTISING CO. LOCATION: WEST 952.7 FEET.OF THE NE; OF SECTION 19 IN THE NORTHEAST QUADRANT OF OLD CEDAR AVE/T.H.13 EXISTING ZONING: I- MIGHT INDUSTRIAL DISTRICT) DATE OF PUBLIC HEARING: NOVEMBER 22, 1983 DATE OF REPORT: NOVEMBER 16, 1983 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been submitted requesting a conditional use permit in order to construct an outdoor advertising sign located in the northeast quadrant of Old Cedar Avenue and T.H. 13, Section 19. COMMENTS Naegele Outdoor Advertising has submitted a new application for a con- ditional use permit to allow an outdoor advertising sign located in the northeast quadrant of Old Cedar Avenue and T.H. 13. This has been a new.application submitted and should not pertain to the other out- door advertising signs which have,been continued by the City Council for additional information. This sign is more than a 1000' from the other two signs being reviewed by the City Council. Therefore, this application should be reviewed on its own merits. The applicant is proposing to erect a 10'6" X 36" outdoor advertising sign for a total square footage of 360+ square feet. The proposed height of the sign from T.H. 13 would be 24' in height and from ground level,'30' from ground to top of sign. Therefore, the height proposed is in conformance with the ordinance. The Planning Commission and City Council will have to review the square footage and approve the square footage over and above the 250 square feet allowed by the City Code. In reviewing the criteria for advertising signs, the Code states: 1) All advertising signs are permitted on property zoned Business or Industrial. _ 2) No sign shall be located nearer than 20' from any street or highway right-of-way. 3). No advertising sign shall be located nearer to any other ad- vertising sign than 1,000 lineal feet on the same side of the street or within 300 lineal feet of any advertising sign on the opposite side of the street. E@_M. CITY OF EAGAN CONDITIONAL USE PERMIT - NAEGELE OUTDOOR ADVERTISING SIGN NOVEMBER 22, 1983 • PAGE TWO 4) No advertising sign shall be located on a platted lot which contains a business sign or within 300' of any business free- . standing ground sign or pylon sign measured on the same side of the street. 5) No advertising sign shall be located within 200' of any resi dential'zone, whether on the same or the opposite side of the street. . 6) No advertising sign shall exceed 250 square feet in area ex- cept when adjacent to limited access highways in which case the City Council shall determine maximum size after reviewing applicable conditions including terrain, safety factors, etc. 7) No advertising sign shall exceed 40' in height, measured at lot level, roadway'level or a specified point between the two levels as determined by the City Council. The level used shall be based on visibility factors from the adjacent roadway(s). After reviewing the application, it appears that the proposed sign meets all criteria for outdoor advertising signs with one exception. Approval of the permit should be subject to the following conditions: 1) The size of the proposed sign is 360 square.feet which exceeds • the City standard by 110 square feet. The City Council shall determine the maximum size allowed for this sign. The applicants have.complied with all other sign ordinance require- ments listed in the Eagan City Code. DCR/jack • �J /l T rT I � r r r i rSet BAck ELevs►fioti Se/ .6.9 c.- pL off — wj,7jw A y r �l3 G 0 T rT I � r r r i rSet BAck ELevs►fioti Se/ .6.9 c.- pL off — wj,7jw A y r �l3 iv C'c•4:iJEs O^ c);,e /� ✓J v a ys1 �:• :ir nI .% T-2-7, /2 23 S/L/�E/2 4 0 C /3.96 ye/�e� ii�cL���•Hy.o�ds 22e. 2/ 20'SCt 94"r- 245• /V���ssoy•� Cane QN C K Si �le ) 4 IL C 1h �3'L- 0 �nf t' C <11,' JI��1 il'�r rho I1' t ` 0.0 0.1 10 "I-C-4 �h��f No. 57. d A'rr C 4� 1 1 a n oa 33 a �V Z � I v z 1 133 4 0 C /3.96 ye/�e� ii�cL���•Hy.o�ds 22e. 2/ 20'SCt 94"r- 245• /V���ssoy•� Cane QN C K Si �le ) 4 IL C 1h �3'L- 0 �nf t' C <11,' JI��1 il'�r rho I1' t ` 0.0 0.1 10 "I-C-4 �h��f No. 57. d A'rr The West 952.7 feet of the Northeast 1/4 of Section 19, Township 27, Range 23, Dakota County, Minnesota, lying North of Trunk Highway Number 13, as shown on the pat of MINNESOTA DEPARTMENT OF TRANSPORTAION RIGHT OF 14AY PLAT NO. 19-7 Subject to Cedar Avenue and Silver Bell Road. Subject to easements of record, if any. iJ, s APC Minutes is November 22, 1983 t He would apply whatever is necessary to reduce dust. Plann Commis Sion tubers recommended monitoring the outside storage par ng and also provide r staged blacktopping. Staff indicated that it It there was adequate par ng provided and that advertising for the sign p mit application would be requi d for action on it. Rrob moved, Wilkins conded the motion to recommend app val of the application subject to the Llowing. 1. Class 5 gra el will be permitted in th area designated in the application for gravel p king area provided, howe r, there are adequate dust control measures approved the City but that t gravel parking area will be blacktopped within five year of City Council pproval of the conditional use permit; further, that the staf ay inspect a parking area at least annually and if the gravel parking area s inade ate, the staff may require the balance of the lot to be blacktopp ace ding to a schedule specified by the City. 2. No ,storage shall be allowe over ix feet high in the storage area. 3. An adequate landscape and shall b obtained and not be released until/orize year after the lands ping has been co leted. • five-foot green rea shall be provide long the northeasterly propeine. e condition 1 use permit for outside storag shall be reviewed annuadetermine hether it meets reasonable storage st dards. st cont 1 shall be provided regularly on the Class gravel park- ing a emb s voted in favor. Mulrooney then moved, Turnham seco ed the motioau orize preliminary approval of the pylon sign as requeste pro- videdt conforms with the provisions of the sign ordinance, inclu ing the 3t spacing from existing pylon sign, and subject to submission of n appliand final approval by the Planning Commission and City Council of the srmit. All voted yea. NAEGRLR OUTDOOR ADVERTISING CO. — CONDITIONAL USE PRFGQT The hearing regarding the application of Naegele Outdoor Advertising Company for conditional use permit for outdoor advertising sign in the north- east quadrant of Old Cedar Avenue and T. H. 413 was brought before the Plan- ning Commission. Mr. Runkle reviewed the application and indicated that the spacing from other advertising signs conforms with the ordinance provision and the proposal is for a 1016" x 36, sign.that, on its normal face, would be 378 • square feet but the extended spacing would be 450 square feet. The maximum j-+-' 6 3 3 APC Minutes • November 22, 1983 height above grade would be 34 feet. Juliane Bye, on behalf of Naegele, was present and indicated the reason for requesting the sign in excess of the 250 square foot facing allowed by the ordinance is because exposure is required due to the speeds and heavy traffic in the area. There was considerable discussion concerning other Naegele advertising signs throughout the City and it was noted that the sign at Blackhawk and Highway 413 has now been moved with a sign permit authorized between Cliff and Diffley Road on Cedar Avenue in recent months. Mr. Mulrooney suggested that clear and convincing evidence be presented -that the sign facing should be allowed in excess of the 250 square feet, and that the larger sign is more effective. Ms. Bye indicated the advertising industry 'does have standard sign sizes. In addition, there was discussion concerning two other applications for advertising signs on Cedar Avenue and also discussion regarding federal and state law in respect to advertising signs. Chairman Wold suggested that additional guidelines be developed by the City regarding square footage and the criteria that the Planning Commission and Council can use in determining whether the applicants should be allowed signs, their location, the sizing and specifications for the signs. Ms. Bye stated that she understood that there are locations for about two to five more advertising signs in the City because of zoning and spacing requirements. There were also questions as to what benefit the City acquires from advertising signs and the fees received. After a lengthy discussion, Mulrooney moved, Wilkins seconded a motion to recommend • to the City Council that the application be denied on the basis of the objec- tions noted above and the following: 1. There were no adequate reasons submitted.by the applicant to be entitled to a deviation from the City Ordinance size standards. 2. There were no adequate showing of unique circumstances to allow the increase in size in the current application. 3. The City should not concern itself with economic factors regarding size of signs. All voted yes. ADVERTISING SIGNS STANDARDS AND GUIDELINES Wold moved and Wilkins seconded a motion to recommend to the City Council that the City staff prepare standards and guidelines regarding advertising signs within the City to include the following: 1. Conditions for approval of advertising signs to exceed greater than 250 square foot facing. 2. Conditions for advertising signs within the City concerning number • and location of advertising signs. All voted in favor. 4 Agenda Information Packet • January 17, 1984 City Council Meeting Page Sixteen ORGANIZATIONAL BUS INESS!4�FOR51984,F There are eleven (11) items of organizational business that must be considered by the City Council. Those items are listed as A through J. For additional information on these items, please refer to pages (a& through _5L. It will be necessary for the City Council to take separate action on each of the ten separate items. ACTION TO BE CONSIDERED ON THIS ITEM: Separate action is required for each organizational business item and is so indicated after each discussion as found in the attached memorandum. FJ MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES • DATE: JANUARY 12, 1984 SUBJECT: ORGANIZATIONAL BUSINESS A meeting held in the first month of each calendar year is con- sidered an organizational meeting for the purpose of organizational business. A. Acting Mayor B. Legal Newspaper C. City Depositories D. Official Posting Places E. Advisory Commission & Committee Appointments (Resident) F. Health Officer G. City Council Meetings H. Committee Appointments (Council) I. Fiscal Consultant J. Legal Consultant K. Consultant Fee Schedules ACTING MAYOR • It is a statutory requirement to appoint an acting mayor who pre- sides in the absence of the mayor. All councilmembers are eligible for election by the City Council: In 1983, City Councilmeriber Smith was elected acting mayor and would preside in the absence of Mayor Blomquist. The acting mayor presides in the absence of the mayor at City Council meetings and all other activities per- taining to the City of Eagan. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint an acting mayor. LEGAL NEWSPAPER It is also a statutory requirement for the City to designate a newspaper as the official legal newspaper for the City. The sta- tutes specifically state that a City can only designate a Legal newspaper of general circulation in the city as its official news- paper. During the year, published in this newspaper are ordinaces, legal notices and other matters as are required by law to be so published and such other matters that the Council may deem it ad - visible and in the public interest to have published in this manner. Some of the items that must be published or are optional include: a. Ordinances; b. Annual Financial Statements; C. Council Proceedings; • d. Notices of Elections; C. Resolutions. ME Organizational Business Memo January 12, 1984 • Page Two It is important to follow a thorough pattern in utilizing a legal publication for the following reasons. The law requires an official matter to be published in the legal newspaper publication. For example, if a public hearing notice is not published in the official newspaper, the public hearing is not valid. The Current Newspapers have notified the City that they no longer wish to be considered as the City's legal newspaper. The Dakota County Tribune has submitted a bid to be the legal newspaper for the City. The Eagan This Week newspaper is not eligible to be a legal newspaper. However, the Dakota County Tribune has stated they will also publish any legal notices submitted to the Tribune in the Eagan This Week as a courtesy to residents of Eagan. The legal newspaper would be the Dakota County Tribune and affidavits of publication would be furnished by them. If, occasionally, legal notices are unable to receive the courtesy publication in the Eagan This Week (lack of space), the legal notices would still have been published in the legal newspaper as required by law. Agendas will still be sent to and published in all three papers, but these are not considered legal notices. The rates proposed by the Dakota County Tribune are the same rates • they have been charging since 1980. Enclosed on pages 6-g through C is a copy of the Tribune's proposal. ACTION TO BE CONSIDERED ON THIS ITEM: To designate an official legal newspaper for the City of Eagan for 1984. • G-7 BRANCH ovncse ROSEMOUNT LAKEVILLE BURNSVILLE APPLE VALLEV 0 0 DAKOTA MAIN OFFICE December 15, 1983 City.of_Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 DEC 17 1983 CU;N Y TRIBUNE 1 TED FARMINGTON, MINNESOTA 55024 To the Mayor and City Council Members: AREA 612.489.7684 We would like to be considered for appointment as the City of Eagan's legal newspaper at your organizational meeting for the year 1984. The Dakota County Tribune has served as the legal newspaper for the City of Eagan for many years. Residents, as well as bidders, are very familiar with the Tribune's legal section. Similarly, because we have been a legal newspaper for many years, our staff is experienced in handling legal notices which, in many instances, require the type of knowledge only experience provides. Attached are the certified rates for legals published in the Dakota County Tribune. If you have any questions, please feel free to phone us at 463-7884. Syn,ely,/ /u� Daniel H. Clay Publisher Gg P R I N T E R S A N D P U B L I S H E R S S I N C E 1 8 8 4 STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION DIVISION- OF PRINTING 'TERTIFICATION OF NEWSPAPER LEGAL NOTI Name of Newspaper Address %/mac TA I Lower Case Alphabet lin points) Column width lin picas) 4180 CE LINE RATE B /2 rn,n,�/ti or✓ _/_r�N � � f O a � Name of Type Face This certification, based on -information furnished by the publisher of the newspaper named above, shows below the approved maximum rates allowed for legal notices only fore named newspaper — set in type face described above. r / 1 n First Insertion: '0 cents per line. Subsequent Insertions: /6' 0 cents per line. "Extra Composition: 91 0 cents per line. *To be added to first insertion ONLY. State Printer Date - STATE.OF MINNESOTA � �1 DEPARTMENT OF ADMINISTRATION N� 4151 DIVISION OF PRINTING CERTIFICATION OF NEWSPAPER LEGAL NOTICE LINE RATE Name of Newspaper Address U /`0 Lower Case Alphabet lin points) C?G Column width lin picas) _ Name of Type This certification, based on information furnished by the publisher of approved maximum rates allowed for legal notices only for the a o, above. Fi0sertion: s� cents per \e. Subsequent Insertions:/ccents per line. *Extra Composition: cents per line. 'To be added to- first insertion ONLY. / x (� per named above, shows below the fspaper — set in type face described Stela Printer tete 0 J Organizational Business Memo January 12, 1984 Page Three CITY DEPOSITORIES C. City Depositories -- It is a statutory requirement also that depositories be designated for all City funds. The term "depository" refers to a place or places in which a City keeps its money. Any national bank, state bank, private bank or trust company permitted to do banking business and any federal savings and loan association may be designated as a depository for City funds. More than one bank or savings and loan may be designated as a depository for City funds and, .except as limited by the Council resolution, provide security which the institution is able to furnish. There is not a limit on the amount which may be deposited in one institution. The City of Eagan in the past years has taken a two-part action that: 1. The City of Eagan has named Minnesota Bank Eagan as a general depository for purposes of holding a checking account to pay bills throughout the year, and 2. Several depositories have been designated for the purpose of investing idle funds. Enclosed on page% is a copy of a memo from the City Clerk/ Treasurer listing depositories for investment of funds. Action is to consider a designation of Minnesota Bank Eagan as the City's general depository and further that the list of depositories for the purpose of investing idle funds are both to be considered by City Council action. ACTION TO BE CONSIDERED ON THIS ITEM for all City funds. 70 To designate depositories 0 • MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR VANOVERBEKE DATE: JANUARY 12, 1984 SUBJECT: 1984 DEPOSITORIES Please have the following banks, savings and loan associations and financial institutions designated as depositories for the City of Eagan for 1984: 1) Minnesota Bank Eagan 2) First Bank Eagan Office 3) First National Bank of St. Paul 4) First National Bank of Minneapolis 5) Northwestern National Bank of St. Paul 6) Northwestern National Bank of Minneapolis 7) Minnesota Federal Savings and Loan Association 8) Twin City Federal Savings and Loan Association 9) Kidder, Peabody & Co., Inc. 10) American National Bank and Trust Company 11) F & M Marquette National Bank 12) Third Northwestern National Bank of Eagan 13) Signal Hills Bank Financial Resource Center '��% OtIM()jr &-L ina c Director/city clerF -7L. Organizational Business Memo •January 12, 1984 Page Four POSTING PLACE D. Official Posting Place -- The City utilizes the bulletin board in the lobby of the Eagan Municipal Center and the legal newspaper as official posting places. The Lone Oak Tree has been designated for historical purposes in previous years; however, this would not be appropriate for this year. Notices have not actually been posted on the Lone Oak Tree for many years due to the location and the health of the tree. Notices are also posted in the Police Depart- ment lobby as a courtesy, but this location has not been designated as official. ACTION TO BE CONSIDERED ON THIS ITEM: To designate the official posting place for the City of Eagan. ADVISORY COMMISSION'& COMMITTEE APPOINTMENTS (RESIDENT) E. Advisory Commission & Committee Appointments (Residents) -- 1. Advisory Planning Commission -- There are two (2) seats open on the Advisory' Planning Commission for three (3) year • terms. There is also an alternate position open for a one-year term. Mr. Dale Turnham is not reapplying for an appointment. However, both Charles Hall and Garrett Mulrooney (the 1983 al- ternate) are reapplying for appointments. New applicants in- clude Vic Ellison, Scott Merkley, Roy Taylor and James D. Wan- nigman. Ballots will be provided to Councilmembers at the meeting for voting for these appointments. ACTION TO BE CONSIDERED ON THIS ITEM: To make two (2) appoint- ments for three (3) year terms on the Advisory Planning Commis- sion and one (1) appointment to the one-year alternate position. 2. Advisory Park & Recreation Commission -- There are three (3) openings for three (3) year terms on the Advisory Parks & Recreation Commission. All threee incumbents are reapplying. These include Mike Fedde, Roger Martin and Sandra Masin. New applicants include Tom Ketchum and Phomas R. Parker. Ballots will be provided to Councilmembers at the meeting for voting on these appointments. ACTION TO BE CONSIDERED ON THIS ITEM: To make three (3) ap- pointments for three (3) year terms on the Advisory Parks & Recreation Commission. SPECIAL NOTE: An additional letter of interest in being ap- pointed to the Advisory Parks & Recreaton Commission was re- ceived at the office of the City Administrator on Wednesday, January 11, from David Reilly. A copy of that letter is enclo- sed on page -73 for your information. Mr. Reilly's name will appear on thea .lot. �a • Mr. Tom Hedges City Admini'©trator Eagan Municipal Center Fagan, Minnesota 55123 Mr. Hedges; JAN 1 11984 January 5, 1984. I would like to volunteer myself to serve on the Advisory Parks and Recreation Commission for the three year term. I have alot of interest in developing a parks system since I have four children ages 6 mon. ,3,4)6, and 9. We moved to Eagan_ last year from Minneapolis where we used to spend alot of time at the parks and that is one thing we,really miss in Eagan. My hobbies are running, swimming, and we do alot of family biking. My-personal_background-is_as_follows:_I_have-an-Electrical. Engineering degree from Missouri Institute of Technology and a MBA from the College of St. Thomas in St. Paul. I have worked at Control Data Government Systems Division for nine years in various capacities from design engineer to my present position as engineering manager. We just built a new house in Eagan so we plan on staying here for many years and as I previously metioned, we have alot of interest in seeing a park system developed. I look forward to hearing from you. 11 A Sincerely yours, David Reilly 3775 Drexel Court Eagan, Minnesota 55123 73 1 • Organizational Business Memo January 12, 1984 Page Five 3. Citizens' Task Force (Park & Recreation Department) --At the November 22, 1983 joint meeting held between the City Council and members of the Advisory Parks & Recreation Commission, it was the consensus of the City Council that a special citizens' task force be developed to review the working proposal of the Advisory Parks & Recreation Commission in anticipation of the park bond referendum. In official action at the regular City Council meeting of December 6, 1983, this task force was established. As previously discussed, since this Citizens' Task Force is not an on-going committee but a special task force/subcommittee, appointments will be made by the City Coun- cil without formal advertisement. A list of names was compiled by the Director of Parks & Recreation and the City Administrator and has been reviewed by the Advisory Parks & Recreation Commis- sion and the City Council. It consists of 21 names. The method for compiling the list of names was similar to that used when members were selected for the municipal center bond referendum project. With the exception of three members of the Advisory Parks & Recreation Commission, the remaining membership was designed to include• a varied geographic and/or recreational • interest group representation. The main objectives of the task force will be to review the priorities of park needs consistent with the Systems Plan Study, the financing to meet those priori- ties and to prepare a recommendation to the Advisory Parks & Recreation Commission, the City Council and to the residents of Eagan regarding a park bond referendum. Enclosed on pages 75 through -7 is a suggested list of residents to be ap- poi Ced to the Cask force. The City Administrator will have a map which shows where each of the proposed members resides. ACTION TO BE CONSIDERED ON. THIS ITEM: To appoint members to a Citizens' Task Force in anticipation of a park bond referen- dum. • SPECIAL NOTE: If a member of the City Council wishes to sug- gest any additional name or names for either the Citizens' Task Force or the Airport Noise Committee (item which immediately follows this one), these names should be presented to the City Administrator on Monday for inclusion in the Administrative Agenda packet. -74- E PARKS AND RECREATION DEPARTMENT CITIZENS TASK FORCE NORTH OF LONE OAK ROAD 1. Raymond Bohn 1042 Beatrice Street 2. Kay Carney 1077 Keefe Street BETWEEN LONE OAK & YANKEE DOODLE ROADS 3. Paul Uselmann 3012 Woodlark Lane 4. Roger Swenson 1325 Jurdy Road BETWEEN YANKEE DOODLE & WESCOTT ROAD 5. Tony Lancette • , 1720 Crestridge Lane 5a. Marilyn Lancette 1720 Crestridge Lane 6. JoAnn Alt 1758 Bluebill Circle 6a. Dick Starr 1758 Bluebill Circle 7. Jim Williams 3770 Lexington Avenue South BETWEEN WESCOTT AND DIFFLEY ROADS 8. Les Hanson 3900 Palisade Way 9. Scott Nelson 3936 Blackhawk Circle 10. Dick Pettit 3962 Peridot Path • -75- Resident in Lexington Park neighborhood, user of Parks & Programs, "Asks good questions." Former Commission and Council member. BC/BS executive, user of softball pro- grams. Tony has been involved in Eagan Hockey, Youth Baseball for years; wife on City Hall Study Committee. She too has work- ed in EAA programs. Both active. May wish to appoint both; alternate to each other. Commission member, seeks appointment to task force; spouse would also like task force appointment. Dick Starr is active in homeowner's association, bicycling, cross-country skiing & canoeing. Building contractor, active in church affairs. League Leadership Committee, men's soft- ball, also manages women's softball team. Active in softball program. President of EAA; active in soccer. Former Commission member, active in youth programs. 11. Joe Bozicevich • 1771 Gabbro Trail l2. Sue Kirk 2029 Carnelian Lane 13. Glenn James 1787 Bluestone Drive East 14. Dave Kompelien 4055 Halite Lane 14a. Carolyn Kompelien 4055 Halite Lane BETWEEN DIFFLEY AND CLIFF ROADS 15. Judy Forde 4305 Jasper Drive is 16. Norm Berg 4365 Lodgepole Court 17. Carolyn Thurston 4454 Oak Chase Way 18. John Ayotte 4276 Lyra Court 19. Gary Pietig 4523 Oak Pond Circle 20. Lois VanDyck 4550 Acorn Street SOUTH OF CLIFF ROAD 21. Bill Jackson 1790 Karis Way .o Both Joe and his wife, Mary, were/are involved in the boys' and girls' soccer program. Broad perspective of Parks needs i.e., youth programs, neighborhood interests. Past president EAA, active in neighbor- hood, women's softball, youth and school activities. Active in EAA girls' softball and other programs. Former Community Education Advisory Commission member. Dave and Carolyn were suggested by two different sources,rrt knowing that their names had been suggested. Both active in church, neighborhood, 4H, girls' soft- ball. Dave has previously applied for Park and Recreation Commission member- ship. Parks program user. Active in church affairs, several calls concerning Evergreen Park as a conscien- tious neighbor. Commission member, seeks appointment to task force. Vice President, Rosemount Area Hockey Association. Resident of Oak Pond Hills 6-7 years, Ice Arena Manager for Apple Valley Ice Arena. Active in Rosemount Hockey/Base- ball. Resident of South Oaks neighborhood, served on City Hall Study Committee. Commission member, seeks appointment to task force. Organizational Business Memo • January 12, 1984 Page Six 4. Airport Noise Committee -- As previously discussed, since the Airport Noise Commitee is not an ongoing committee but a special task force/subcommittee, appointments will be made by the City Council without formal advertisement. It is possible that this committee could become an ongoing committee. If so, a more formal appointment process could be evaluated at that time. Even though there.was no formal advertisement for member- ship on this advisory committee, Local reporters have stated in their news articles that the committee would be formed and residents have expressed interest in being appointed to the committee. The objectives of this committee are to study the .impacts of noise on the City and to make recommendations to the City Council for methods to alleviate excessive air noise. Of the residents expressing interest in 'this committee, he following persons are suggested for appointment: Tom Baker, Don Giblin, John Gustin, Joe Harrison, Bart Schmidt, Roger Sperling, and Dick Victor. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint members to to the Airport.Noise Committee. • S. Assessment Committee -- This advisory committee reviews assessment policies and appeals and makes recommendations to the City Council. Presently, the membership includes Don Knight, Dale Vogt, Art Rahn,- Mayor Blomquist, Councilmember Egan and David Bohne (representative of the Advisory Plannin Commission). The Advisory Planning Commission will appoin its 1984 representative at their meeting on January 24. Art Rahn has submitted his resignation and a new member of this committee will need to be appointed at the organizational business meeting. It is suggested that due to the technical knowledge that is required for membership on the Assessment Committee, a City Council appointment is desirable. • ACTION TO BE CONSIDERED ON THIS ITEM: To fill the vacancy crea- ted on the Assessment Committee created by the resignation of Art Rahn. awl G 77 Organizational Business Memo January 12, 1984 • Page Seven HEALTH OFFICER F. Health Officer -- In past -years, the City has appointed a health officer, which is presently the Cedarvale Medical Clinic. If there was an epidemic or, for example, there are unsanitary conditions which exist in housing or restaurants or some other areas of the City, the health officer would be called upon to write a letter and ask that the are be cleaned up. The City would also work with the County Health Board and the Minnesota Department of Health and Welfare. Dr. Arthur Wineman of the Cedarvale Medical Clinic has been contacted and is agreeable to serving as health officer again. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint a health officer for the City of Eagan. CITY COUNCIL MEETINGS G. City Council Meetings -- Each year, the City Council must desig- nate days and times specifically for City Council meetings. In, years past, the City has met on the first and third Tuesday of each month at 6:30 p.m..which are designated as official City Coun- cil meetings. It is recommended that the- same date and time be • continued so it is not confusing to the general public as to what .days and times the official City Council meetings are held at City Hall. ACTION TO BE CONSIDERED ON THIS ITEM: To designate days for City Council meetings. COMMITTEE APPOINTMENTS H. Committee Appointments -- Several committee appointments can be made by Mayor Blomquist at the organizational meeting. The list of standing committees is as follows: 1. Personnel Committee 2. Finance Committee 3. Community Development & Public Relations Committee 4._ Public Works Committee 1. The Personnel Committee was created in 1977 for the purpose Of wrLtLng and maLntarning a personnel policy and also to create a Eoundation for personnel procedure. A personnel policy and job class iEication document for all employee positions were developed and is maintained through the office of the City Administrator. The Personnel Committee does not meet on a regular basis, however is available if the City Council should ask for a special review or stud,: regarding salary compensation plans, personnel related matters, such as personnel records, affirmative action, union con- tracts or other related natters. The City Council members who • Organizational Business Memo •January 12, 1984 Page Eight served on the Personnel Committee in 1983 were Ted Wachter and Jerry Thomas with Mr. Thomas as chairman. 2. The Finance Committee was established to investigate from time to time the practica ity of issuing new bonds for the City, whether it be for equipment certificates, general obligation or industrial revenue. The Finance Committee has researched many special programs such as the Tax Exempt Mortgage Financing and other industrial revenue tax exempt mortgage type financing programs as a resource committee for the City Council. The Finance Committee will review any application if a special study is requested by the City Council. The Finance Committee also meets and reviews all of their special projects as directed by the City Council that involve budgetary expenditures. The two members of the City Council that served on the Finance Committee in 1983, were James Smith and Mayor Blomquist, with Mr. Smith acting as chairman. 3. The Community Development p�"!ie--aeiativns Committee is a Chir committee. This committee has been comprisecT�of two council members. It functions as an advisory committee to the City Council for purposes --.of advertising attractive new commercial, • industrial and residential development to the community. Recently, an Economic Development Commission for the City of Eagan has been established in conjunction with the Star City Program. It is expected that this commission will consult with the Community Development Committee at times. This committee was also organized in 1977 and its members during 1983 were Jim Smith and Ted Wachter, with Mr. Smith acting as chairman. 4. Public Works Committee is a fourth committee and includes utilities, roads par s an even issues that relate to the Airport Commission. This committee has studied the recommendations from the City Administrator -and also the Director of Public Works concerning the construction of wells, reservoirs and new utility mains. It also relates to various street improvements, maintenance and new construction as well as snow removal and other related items. This committee does not meet on a regular basis, however it is available to study certain issues of the Public Works operation as designated by the City Council. This committee was also formed in 1977 and had two members, Thomas and Tom Egan, with Mr. Egan serving as chairman, in 1983. Special Note: The' City Council, in setting up the four (4) stancecommittees, attempted to limit the number of standing committees to four workable committees which all contain somewhat a broad range of topics. The purpose of the standing committees is to conduct investigations, to make reports on matters of • facts. Often, the committees are used to study facts and make -79 Organizational Business Memo January 12, 1.984 Page Nine recommendations to the City Council. The City Administrator works very closely with all four (4) committees and normally supplies information and other data to the committee's chairperson and members when committee meetings are held. All meetings are open to the public. The meeting notices are prepared and posted at City Hall stating the location of the meetings and the items for discussion. The committees are advisory to the City Council. There is no action taken, and therefore, formal minutes are not required; however, a report is generally prepared by the City Administrator or a committee member which is presented to the City Council for any action that is required at a regular meeting. Additional Special Note: Traditionally a council member has eeenappointe as a raison member to the Parks and Recreation Commission and Planning Commission. During 1983 Mayor Blomquist appointed Jerry Thnmae as the City's liaison person with the Advisory Parks and Recreation Commission and. Tom Egan to the Advisory Planning Commission. • ACTION TO BE CONSIDERED ON THIS ITEM: To appoint members of the four standing committees, and the liaison persons for the • Advisory Parks and Recreation Commission and the Advisory Planning Commission. FISCAL CONSULTANT I. Fiscal Consultant -- Each year, a Fiscal Consultant is appointed by the City Council to provide fiscal advice and handle bond sales for the City of Eagan. Miller & Schroeder is currently acting as the City's fiscal agent. Since there is no written .agreement with Miller & Schroeder, technically, they are hired per bond issue on a continuing basis at the discretion of the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointment of a fiscal consultant. LEGAL CONSULTANT J. Legal Consultant -- The law firm of Paul Hauge and Associates is providing the City with excellent service and it is again recommended that Paul Hauge be appointed as City Attorney for the City of Eagan. ACTION TO BE CONSIDERED ON THIS ITEM of legal counsel. ap To approve the appointment • Organizational Business Memo • January 12, 1984 Page Ten • • CONSULTANT FEE SCHEDULES K. Consultant Fee Schedule -- The City of Eagan employs various consultant firms for assistance in different technical fields of expertise. These include fiscal, legal, planning, parks and engineering. Fiscal consultants are technically hired per bond is- sue. Other firms are hired on an on-going basis and it is necessary to approve these fees for the 1984 calendar year. 1. Legal Consultant -- Enclosed on pagese� through 9 3 are the 1984 fees proposed by Hauge, Smith, aide & Keller, �A. If this firm was approved .as the legal consultant for 1984, consideration of these fees would be appropriate at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1984 fee schedule proposed by the legal consultant firm of Hauge, Smith, Eide & Keller. gl J • • C, J HAUGE, S311TH, EIDE & KELI.ER, P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 3908 SIBLEY MEMORIAL HIGHWAY EAGAN. MINNESOTA 88122 PAUL H. HAUGE January 9, 1984 BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Mr. Thomas L. Hedges City Administrator CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 RE: 1984 CITY ATTORNEY FEE SCHEDULE Dear Tom: AN" Cooe 612 TLLeFNONe 4844224 You have requested a proposal for a 1984 schedule from our office for Eagan City Attorney fee purposes. I would propose the following for 1984: 1) General legal work for the City - $50 per hour. (1983 - $45/hour). Attendance at Advisory Planning Commission and City Council meetings are figured at one-half the normal hourly rate. 2) Legal fees for City installed improvement projects, including street and utility work, based upon 134% of contracts plus change orders awarded by the City, less bond counsel fees. The service will include all work con- ne,:ted with the acquisition of easements, including negotiations, prepara- tion of documents and contacts with owners; also, the handling of assess- ment appeals that relate directly to the assessments of the property; and further, all condemnation actions involving the acquisition of easements for the City. However, all out-of-pocket costs related to assessment appeals or acquisition of easements would be paid directly by the City, including surveying expenses, appraisal fees and costs, the fees for com- missioners in condemnation, engineering and planners fees and services, expert witness fees, any action being brought by contractors or against contractors for work involving any of the improvement projects under con- tracts with the City. An increasing amount of public improvements within new developments are being financed and built privately and no fees are being charged by our office on those projects. We also did not charge a percentage fee on such projects as the water treatment plant where our involvement was very minimal. 3) Prosecution legal services - $45 per hour. We have found that surround- ing cities are being charged considerably higher fees. In certain in- stances we have forwarded cases to the Apple Valley or Burnsville prose- cuting attorney's offices on a sharing basis and they insisted on being paid their normal rates of between $57.50 to $60 per hour in 1983. 1z Mr. Thomas L. Hedges •January 9,'1984 Page 2. A comparison of time for the past two years that our office has provided for the City is as follows: General Legal Miscellaneous Time Reimbursed Matters Prosecution (Law Suits) Utility Park by Developers 1982 851'10" 745'20" 191'30" 717'40" 0 378'40" 1983 884'30" 1,029'40" 297'50" 806'10" 33'10" 394'40" TOTAL 1982 time -------2,884120" TOTAL 1983 time --------3,446' We want to express our appreciation to the Council, the various committee members and the staff for an excellent working relationship during the past year. very truly yours, •4, SMITH, EIDE KELLER, P.A. uge PHH:me 11 rN • Organizational Business Memo January 12, 1984 Page Eleven 2. Planning Consultant -- Enclosed on pages $5-�66are the 1984 fees proposed by Urban Planning & Design, planning consultants. Consideration of these fees would be appropriate at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1984 fee schedule proposed by the planning consultant firm of Urban Planning and Design. ■ PLAANNC AAD DESIGN, ISG January 11, 1984 2800 East Cliff Road • Suite 140 • Burnsville, Mn. 55337 • (612) 890-2320 Mr. Thomas Hedges, Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Hedges: John S. Voss, President Attached is Urban Planning & Design, Inc.'s Fee Schedule for 1984 as you requested As you will note, it has not altered since 1982. Y s truly •. say J n S. Voss JSV/bav Enc. PUNNING LANDSCAPE ARMTECTURE SITE DESIGN 0 0 0 -- RATE SCHEDULE Effective January -1,--1984 URBAN PLANNING & DESIGN, INC. STAFF RATE PER HOUR Principal Planner (1) $ 50.00 Planner II (2) 38.00 Landscape Architect I (3) 33.00 Landscape Architect II (2) 25.00 Draftsman 20.00 Secretary 10.50 Research Assistant 20.00 Mileage (per mile) ..24 Materials Cost (1) "Planner -In -Charge" as designated by the State of Minnesota for 701 Planning and minimum five (5) years experience. (2) Masters or undergraduate degree and minimum three (3) years experience. (3) Minnesota Registration by State Board and minimum five (5) years experience. • Organizational Business Memo January 12, 1984 Page Twelve 3. Parks Planning Consultant -- Enclosed on pages $$ through �� 9 are the 1984 fees proposed by Erkkila & Assoc tales, park manning consultants. Consideration of these fees would be appropriate at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1984 fee schedule proposed by the parks consultant of Tim Erk- kila & Associates. 4. Engineering Consultant -- 1984 fees for the engineering consultant firm, Bonestroo, Rosene, Anderlik & Associates, were officially approved at the October 18, 1983 meeting. Therefore, no action is required for this item. s/Thomas L. Hedges City A ministrator TLH/hnd �-7 associat¢s December 27, 1983 EEC 3 01 03 Suite 100, 2611 Central Ave. N.E. Minneapolis, MN 55418 781-6696 LANDSCAPE ARCHITECTURE • PLANNING • DESIGN Mr. Tom Hedges, Administrator City Administrative Offices 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Hedges: At the request of Mr. Vraa, I am providing Eagan with a proposed services agreement for Park Planning/Landscape Architectural Services -in 1984. While no specific project is in mind, this agreement is intended to cover technical assistance on an "as needed basis". This should facilitate • miscellaneous advisory services relative to implementation of the park system plan. Any specific, larger task shall be covered under a separate fees proposal. The attached Charge Rate Schedule (for 1983) shall be the basis for our services. We shall use the cost plus materials basis for our work and bill the City monthly for any services performed. We shall utilize the 1983 cost schedule, waving our right to change the rates January 1, 1984. We have enjoyed working with Eagan. We hope that through our previous work, you have come to know that we make every attempt to use our time efficiently to keep your costs as Low as possible. We shall look forward to working with Eagan in 1984. Sin 9U" Tim Erkkila, ASLA ERKKILA & ASSOCIATES TWE/sg • EM 6�� Suite 100 2611 Central Ave. N.E. o Minneapolis, Mn. 55418 781-6696 ffi9Q@ftg5 LANDSCAPE ARCHITECTURE • PLANNING • DESIGN ERRRILA & ASSOCIATES CHARGE RATE SCHEDULE (effective January 1, 1983) STAFF MEMBER RATE PER HOUR Senior Planner/Senior Landscape Architect ........... $35.00 - $40.00 Landscape Architect.................................$30.00 Planner/Site Planner................................$22.50 - $27.50 Technician..........................................$15.00 - $20.00 Secretarial (Report Typing) .........................$15.00 Word Processing.....................................$20.00 • Outside Consultants.................................Per Job Basis L J Supplies (Special Order Materials)..................Cost plus 10% Mileage .............................................$ .20/mile Direct Expenses (prints, postage, parking, etc.) .... Cost plus 10% Project fees shall be as arranged in one of the following methods: 1. Cost plus materials: Work conducted as requested, services billed as incurred, based on this schedule. 2. Cost plus materials to a maximum: Specific services as agreed to not exceed a set cost, billings toward that amount are based on this schedule. 3. Lump Sum: Specific end product and fee fixed. Rates are subject to change annually on a calendar year basis. r J • • Agenda Information Packet January 17, 1984 City Council Meeting Page Seventeen PRELIMINARY PLAT/A.J. ADDITION A. Tri -Land Company, Inc., Bradley Swenson, for Preliminary Plat, A.J. Addition, Containing 2 Single -Family Lots -- A public hearing was held at the regular meeting of the APC held on December 15, 1983, to consider a preliminary plat entitled A.J. Addition as presented by Mr. Bradley Swenson. The Advisory Planning Commission is jazDZmending denial f the preliminary plat applica-> tion to the City Counci motion was made to approve this preliminary plat, however, with three members voting aye and three members voting nay, the motion failed. Therefore, the preliminary plat is recommended for denial to the City Council. For additional information on this item, refer to the City Planner's report, a copy is enclosed on pages C1/ through /00 • For a copy of the action taken by the Advisory Planning Commission, refer to page(s) 101-102- ACTION TO BE CONSIDERED ON THIS ITEM: preliminary plat for A.J.:Addition. 9U To approve or deny the • CITY OF EAGAF SUBJECT: PRELIMINARY PLAT - A. J. ADDITION APPLICANT: TRI -LAND CO., INC., BRADLEY J. SWENSON LOCATION: PART OF THE SWI. OF THE SWh OF SECTION 3 LYING NORTH OF C.R. 26 AND EAST OF EGAN AVENUE EXISTING ZONING: R-1 (RESIDENTIAL SINGLE DISTRICT) DATE OF PUBLIC HEARING: DECEMBER 15, 1983 DATE OF REPORT: DECEMBER 12, 1983 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been submitted requesting preliminary plat approval, A. J. Addition, which would consist of ap- proximately one acre and contain 2 single family lots located in part of the SWC of the SWh of Section 3 lying north of County Road 26 (Lone Oak Road) and east of Egan Avenue. ZONING AND LAND USE: • The one -acre parcel is presently zoned R-1 (Residential Single Dis- trict) with a minimum lot size of 12,000 square feet. The Compre- hensive Guide also designates this area as R -I (Residential Single District) with a density of 0-3 dwelling units per acre. COMMENTS As you may recall, the Advisory Planning Commission held a public hear- ing regarding A. J. Addition in August, 1983. At this public hearing, the applicant was requesting to subdivide the one -acre parcel into 3 single family lots, all exceeding the 12,000 square foot requirement. The Advisory Planning Commission and City Council denied the prelimi- nary plat based on many health and safety reasons. Since the August submittal, the applicant is now submitting a new ap- plication_, A. J. Addition, which would consist of 2 single family lots for the same area. Lot 1 would contain 24,700 square feet and Lot 2 would contain 18,200; the proposed plat meets or exceeds all of the R-1 zoning standards for area and width. One of the main issues brought up at the August meeting was regarding access onto County Road 26. It is my understanding that the applicant is still proposing direct access. However, the access has already been granted from Dakota County to provide access for Lot 2. When Lone Oak Road was under construction, it was brought out that there was a median •in front of this property. In the final review, there is no median in front of the property where access would be provided to this property. 9f h CITY OF EAGAN PRELIMINARY PLAT - A. J. ADDITION • DECEMBER 15, 1983 PAGE TWO The other item staff would like to bring up is presently the City is assessing this property for two lots on this one -acre tract. The applicant is proposing to meet with the neighborhood and go over this revised plan prior to the Advisory Planning Commission. Hope- fully, many issues will be discussed and resolved prior to the Decem- ber 15th meeting. If the preliminary plat is approved, it should be subject to the fol- lowing conditions: 1) The plat should be subject to the Park Commission's review and comment for the newly created lot. 2) A development agreement shall be entered into and signed by the applicant prior to final plat approval. 3) The plat shall be subject to Dakota County Plat Commission's review and comment because the plat abuts County Road.26 (Lone Oak Road). 9) All other City ordinances shall be complied with. • DCR/jack in • • A.J. ADDITION • Iw w l140 v Q1 Bu �B BBR tClm 0 ".D i s e`° to0 County Rd. 28 2 a !' W . 140 +00 BBulR MAIM pi -N- I SCALE 1"--30'1 SITE DATA %BIB . BLOC[ i ud.dt Ip. NORTH 101. toot. COUNTRY NONE HEIGHTS •N01 SOUTH •rods *(BAST 20 redo Of Bvvo 01 SWI/4- SECT. 1.T. 31 R U TRI-LANDIINC. EAGAN/ MN. r CITY OF EAGAN SUBJECT: PRELIMINARY PLAT - A. J. ADDITION APPLICANT: TRI -LAND CO., INC., BRADLEY J. SWENSON LOCATION: PART OF THE SW; OF THE SW'a OF SECTION 3 LYING NORTH OF COUNTY ROAD 26 EXISTING ZONING: 'R-1 (RESIDENTIAL SINGLE DISTRICT) DATE OF PUBLIC HEARING: AUGUST 23, 1983 DATE OF REPORT: AUGUST 17, 1983 REPORTED BY: JUDY HEALD APPLICATION SUBMITTED: An application from Tri -Land Co., Inc. has been received by the City for a'preliminary plat, A. J. Addition, consisting of approximately 1 acre and containing 3_single.family lots located in part of the SW4 of the SW; of Section 3 lying north of County Road 26 (Lone Oak Road) and east of Egan Avenue. • ZONING AND LAND USE The 1 -acre parcel proposed for 3 single family lots is presently zon- • ed R-1 (Residential Single District) situated in the southeasternmost portion of the Country Home,Heights plat area and currently is unde- veloped. The Land Use Guide map designates this area as R-1 (0-3 units per acre). COMMENTS The proposed 3 single family lots are bounded on the south by County Road 26 (Lone.Oak Road), Egan Avenue on the west and Country Home Heights plat on the north with an RD (Research and Development Dis- trict) to the east. Country Home Heights, to the north and west of this proposed plat, is an established area of Eagan with a neighbor- hood of sf_ngle family lots with a square footage of 19,000 and larg- er. The applicant is proposing 3 single family lots with the larg- est lot being 16,900 square feet and an average lot size of 14,300 square feet. All 3 proposed single family lots meet the R-1 zoning district requirement.of 12,000 square feet and an 85' lot width. The applicant has stated that due to the location of these three pro- posed lots abutting commercial zoning to the east and facing a major County road which generates approximately 10,000 vehicles per day along with'present'market trends of smaller single family lots, these lots should balance well with the surrounding neighborhood. • Pr000sed access fo: Lot 1 will be onto Egan Avenue with Lots 2 and 3 sharing a north -south access between lot lines onto County Road 26 (Lone Oak Road) subject to the Dakota County Plat Commission's review 9+ C_TY OF EAGA`I PRELIMINARY PLAT - A. J. ADDITION AUGUST 23, 1983 • PAGE TWO and approval. Consequently, only one access will service two lots fronting Lone Oak Road. If the preliminary plat is approved, it should be subject to the following: 1) The plat should be subject to the.Park Commission's review and comment. 2) A development agreement shall be entered into and signed by the applicant prior to final plat approval. 3) The plat shall be subject to the Dakota County Plat Commission's review and comment as the plat fronts County Road 26 (Lone Oak Road). 4) Cross easements be established for the common entrance for Lot 2 and 3, Block l,'and only one access be allowed for the easter- ly two lots. jach ENGINEERING RECONL`4ENDATIONS • 1) A detailed grading and erosion control plan shall be submitted for approval by the Engineering Department. 2) If installed privately,.the plans and specifications for utili- ty service connections shall be prepared by a registered engi- neer and submitted to the Engineering Department for approval. 3) A 50' half right-of-way shall be dedicated for Lone Oak Road (County Road 26) for public right-of-way. 4) Easements shall be dedicated as recommended by City staff. 5) Water area, sanitary sewer area, and lateral benefit from trunk water main (to the extent it applies) shall be the responsibili- ty of this development. 6) All costs for utility installation, grading, etc. shall be the sole responsibility of this proposed development. RMH/jach MEMO TO: THE ADVISORY PLANNING COMMISSION, C/O DALE C. RUNKLE, CITY • PLANNER FROM: RICHARD M. HEFTI, ASSISTANT CITY ENGINEER DATE: AUGUST 18, 1983 SUBJECT: A. J. ADDITION PRELIMINARY PLAT The Engineering Division of the Department of Public works has the following comments regarding this proposed development for consid- •..eration by the Advisory Planning Commission and the City Council. GRADING/TOPOGRAPHY This parcel is located between Eagandale Boulevard and Egan Avenue, north of Lone Oak Road.The topography is quite flat with the drain- age being towards the ditch of Lone Oak Road (County Road 26), thence to the west. Vegetation over this area consists of weeds and grass- es. This area was previously a low area which was filled by the Opus Corporation for the owner several years ago. The proposed grading of this development will be minimal due to the existing topography. Consequently, drainage will be maintained in its current direction and capacity and will pose no problems. UTILITIES • Utilities of sufficient size, depth and capacity exist within Lone Oak Road and Egan Avenue to properly service this proposed develop- ment. water main consists of a 16" trunk line alona the southside of Lone Oak Road and a 6" line along Egan Avenue. Sanitary sewer consists of an 8" line also along the'southside of Lone Oak Road and within Egan Avenue. No storm sewer exists in this proximity, however, none will be required with this development. Proposed services for Lots 2 and 3 are to be extended across Lone Oak Road from existing utilities. It is being proposed to extend one oversized sanitary and water service across Lone Oak Road and then branching off to service both.lots. Service for Lot 1 can be obtained off of either Egan Avenue or Lone Cak Road utilities. None- theless, a utility permit will be required from Dakota County High- way Department for this proposed construction. In addition, plans and specifications shall be prepared by a registered engineer and submitted to the Engineering Department for approval if this work is to be done privately. STREETS Access to this development is presently off of a Lone Oak Road. Cur- rently, Lone Oak Road -is -under County jurisdiction and a rural two- lane paved highway. Dakota County has indicated one access will be granted to this par- • cel. The developer is proposing to center this access between Lots 2 and 3. 01 ENGINEERING REPORT A. J. ADDITION •AUGUST 23, 1983 PAGE TWO RIGHT-OF-WAY/EASEMENTS A 50' half right-of-way currently exists for Lone Oak Road as a high- way easement deed. As a condition of this final plat,'this 50' half right-of-way should be dedicated as public right-of-way. A 101. utility easement shall be dedicated along all public right-of- way with a 10' drainage and utility easement centered over all in- terior lot lines. In this case, a 10' drainage and utility easement shall be required along the north property line adjacent to Country Home Heights Addition and a 5' drainage and utility easement dedica- ted along the east line of this proposed development. ASSESSMENTS Researching the assessment records indicates this parcel will be re- quired to pick up its trunk area water and sewer assessments and al- so a lateral benefit from trunk water main assessment for lots being serviced from the trunk'water main on'the southside of Lone Oak Road. • However, since the trunk is located across the road from this propos- ed development, credit should be given for the extra length and addi- tional cost incurred to bore underneath Lone Oak Road. These assess- ments shall be levied at the rate in effect at the time of final plat approval. At the current rates, these assessments would be as fol- lows: Water area = .98 acres X $1,070/acre = $1,050.00 Sanitary sewer area = .98 acres X $1,070/acre = $1,050.00 Lateral Benefit from Trunk Water Main = 200' X $16.10/ft=$3,220* (*To be reduced by actual costs of extending water under.Lone Oak Road to within 30' of the property line) A11 costs for installing water and sewer services to this develop- ment and grading shall be the sole responsibility of this proposed development. I will be available to discuss any aspect of this report in detail with the Advisory Planning Commission at their August 23, 1983 meet- ing. Respectfully submitted, Richard M. Hefti, P.E. Assistant City Engineer RASH/jach G� 7 1 •I•!1 I11171 'Ipllf it/t -�' - -- I .rl 33jb Ot 133HS till 3NOl- NVO 92 --Otl` I - _O Qjcl N\�- N 7 ?�� - I, 11a., / p sol_ / (g8 r %/• �.w. O _(-� \ V 91 \ `� � ��, `•a � . f � � ��) I Al NG 4 mbZ 3nON 62 `� f9 Re J . X'i Ind. • S. .•V 11Y \,- _ G. _GCrlf r,. ��i,i•i�I�-va• r /�� • '_• °L� = •7i PLANNED_ -_G/ CCMME?CIGL • _ �r�. 'r_ G:, �r :.., t-` Ind ._ ..:' .. a �tV.,• :., ,...o' i I,i;,y'. _ham r Z. R 1 `- .14 y; R&% R -N np 1 _ _ C I . � iri �✓ .:\Ind. :/,__ _ __ _ - ..= .__--_- .._- _ _.___ G' __R -'Il —�� - ---� - � .;�r i "�•�-,� r1B .ti Lia) ! R -al '— �•o.� Ij-Cl • • ..lm� R -I I � R_g ��'•' • � — —C R•II-�- .•yc i P ,ra ;.J•"� I I i ?>: R�� a P Ind-- Rl , L19 0 / _-�13 .11/ _ Pf R'I :.� .fix,_•: - I --- _p R•A R -II fS R -Ila - T��^'-- .Y _ HS . 3'I'l\/.?.p- — .. Rilit f��J�' •�: R-111. U. 0 Il q M, LB rt E R-111 i.i RB R -III ;�{iL< •' ii/��. �. L• j'i 4 •i,'< "R -III° _ R•nr R'nl I-: _^.S._.: _) do _ R�CSCIGO/LB �iL_' R -A LB Rill LB '.G7 r�.''1�:::;-':.. LB .: Re ^LB �� /R_1 F D R-1 I' R-1 / i Q R -I "= GOLF a rrr / R-11 O R-11 _•,, :.n .• a.aa R -A- Q •E:.�i- R•1'"�j R -II _ l;•..:' -'. P •i I_ �. / -_ 17 :.j 1 41wLE%/ vaLLEr 1 y9 • /i 1 II i MENDOTA ,-QTS. ll MM -808-2 \ ``_]Ilf•' -_ V� , „ TIN T �. S T.H. 4.9" 1' ♦♦ , f LI j SPUR JNTRY :LUB RB LB I I C E!N ' Fd L I rr r � r r 73 A RDI IL I• •_ I,� _..... / 7�H IIVIEW + / PARKhl / i.Ll A :!A&'KEE i y / '.EFFLE, IACR E -S --I- - / / A EAGANDAL IAC 'I I I I %/ /r� l-crT--n; _ A ego( R4 "u�f GB r I OPP._CIE I It A TOME yT of R-3 Ril R'4 / A P F - 00•` U.S. POSTAL _ SERVICE I Ll - .8r�a 1 riAD C-!TION APC Minutes • December 15, 1983 Representatives from Purolator Courier Corporation were present and stated that the parking lot has a bituminous surface and a fence enclosure. Member Wilkins asked about the existing gasoline tank and whether it would be tested to determine if there is a leakage. Bohne moved, Mulrooney seconded the motion recommending approval of the application, subject to the following conditions: 1. The area for outside storage shall be marked in accordance with the site plan submitted. 2. An application for the conditional use permit shall be submitted annually for approval by the City. All voted in favor. A. J. ADDITION - PRELDCUUff PLAT The hearing regarding the application of Tri -Land Co., Inc. for preliminary plat approval of A. J. Addition, consisting of one acre and two • single family lots located on Lone Oak Road and east of Egan Avenue was convened. Dale Runkle presented the application and Brad Swenson appeared for the applicant. He submitted a letter from the Dakota County Highway Engineer confirming access to Lone Oak Road 216 feet east of Egan Avenue, as proposed by the Developer. He further stated that no safety problems should occur due to the County's position that no median will exist within the County right-of- way. Charles Maloney, a neighboring owner, appeared and stated that if a lot is land -locked according to the County Highway Engineer, that the County must allow access. He objected to the proposed subdivision, indicating it would impact on the integrity of the neighborhood. Member Bohne asked about the average size of the lots located within the neighborhood and Mr. Maloney stated that there were 94 lots in Country Home Heights and only 5 are as low as 19,000 square feet. Wilkins asked if a neighborhood meeting had been held and Mr. Swenson stated that a meeting was held where three residents attended. Storm sewer was installed as a part of the road improvements and a culvert and access is allowed to provide two lots for development, instead of one lot, according to Mr. Lawrence Poppler, the former owner. After lengthy discus- sion, Mulrooney moved, Bohne seconded the motion to recommend approval of the application, with the conditions that arerecommended by the staff. Those in favor were Mulrooney, Bohne, and McCrea. Those against were Turnham, Wilkins, and Hall. The recommendations are as follows: 1. The plat shall be subject to the Park Commission's review and com- ment for the newly created lot. 2. A development agreement shall be entered into and signed by the applicant prior to final. plat approval. /01 3 APC Minutes December 15, 1983 3. The plat shall be subject to Dakota County Plat Commission's review and comment because the plat abuts County Road 26 (Lone Oak Road). 4. Cross easements shall be established for the common entrance for Lots 1 and 2, and only one access shall be allowed. 5. All other City ordinances shall be complied with. 6. A detailed grading and erosion control plan shall be submitted for approval by the Engineering Department. 7. If installed privately, the plans and specifications for utility service connections shall be prepared by a registered engineer and submitted to the Engineering Department for approval. 8. A 50 foot half right-of-way shall be dedicated for Lone Oak Road (County Road 26) for public right -of -way. - 9. Easements shall be dedicated as recommended by City staff. 11 10. Water area, sanitary sewer area, and lateral benefit from trunk • water main (to the extent it applies) shall be the responsibility of this development. 11. All costs for utility installation, grading, etc. shall be the sole responsibility of this proposed development. BERKSHIRE PONDS - REZONING AND PRELIMINARY PLAT The hearing regarding the application of Derrick Co. and Richard Bloom to rezone a roximate1 27 acres from A (Agri ural) to R-1 PD chard dential Single Plan Development District) i order to deviate from the normal single family to zs requirement, apreliminary plat approval of Berkshire Ponds was convened he Chairma The parcel consists of 27 acres and would contain 73 single family is d a proposed 4 acre park located in the Southwest Quarter of the North Quarter of Section 32 on Calaxie Avenue. Dale Runkle presented th application and noted that the land use is R -II with the zoning presently ricultural. The development would provide for a 2.7 dwelling unit per re gross density and 3.1 dwelling unit,per acre net density. The areas the north and south are presently undeveloped and are proposed to be de eloped in accordance with R -II land use including 3 to 6 dwelling units per acre. L� 102- 4 Agenda Information Packet January 17, 1984 City Council Meeting • Page Eighteen PRELIMINARY PLAT/BERKSHIRE PONDS B. Richard H. Bloom, Derrick Land Company, for Rezoning from A to R-1 PD to Allow a Deviation from the R-1 Zoning District Lot Sizes and Lot Width Requirements and Preliminary Plat for Berkshire Ponds Containing 26.95 Acres of 73 Single -Family Lots -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on December 15, 1983, to consider the rezoning and preliminary plat for the proposed Berkshire Ponds development. The Advisory Planning Commission is recQMMendinq approval of both the rezoning and thepreliminary p at. For additional information on this item, re er tf— o tii•e City Planner's report, a copy is enclosed on pages /64 through 11(, . Also a letter was received by the City from Mr. David Sellergren, representing Derrick Land Company, and a copy of that document is enclosed on pagesthrough "Ind . Also enclosed on page J 2U is a copy o�theA —visory Parks Recrea- Recrea- tion Commission action regarding parkland dedication as it relates to Berkshire Ponds. For action that was taken by the Advisory Planning Commission, refer to a copy of those minutes found on page(s) • ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the rezoning from A to R-1 PD, allowing a -deviation from the R-1 zoning district lot sizes and to approve or deny the preliminary plat of Berkshire Ponds. • /p3 • CITY OF EAGAV SUBJECT: REZONING AND PRELIMINARY PLAT, BERKSHIRE PONDS APPLICANT: DERRICK LAND CO., RICHARD BLOOM LOCATION: PART OF THE SWa OF THE NA OF SECTION 32 EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: DECEMBER 15, 1983 DATE OF REPORT: DECEMBER 12, 1983 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED: The first application submitted is a request to rezone approximately 27. -acres from A (Agricultural) District to R-1 PD (Residential Single Planned Development District) in order to deviate from the normal single family lot size requirement. The second application submitted is a request for preliminary plat ap- proval, Berkshire Ponds, which would consist.of approximately 27 acres and contain 73 single family lots and a proposed 4 acre park located • in part of the SW; of the NW4 of Section 32. ZONING AND LAND USE Presently, the property.is zoned A (Agricultural) and would allow only one home per 5 -acre tract. The Eagan Land Use Guide Plan designates this parcel as R -I -I (Mixed Residential) with a density of 3-6 dwelling units per acre. The proposed development has a gross density of 2.7 dwelling units per acre and a net density of 3.1 dwelling units per acre. Therefore, it appears that the proposed development request is in accordance with the density allowed in the Comprehensive Guide Plan. COMMENTS The proposed plat abuts I -35E rights-of-way on the west and Galaxie Avenue on the east. The area to the'north and south are presently un- developed and is proposed to develop in accordance with an R-II:.wi.th..a density of 3-6 dwelling units per acre. Directly east of this pro- posed development is Park Ridge, a.single family development which al- so deviates from the, lot size requirements. The proposed plat will consist of 73 single family lots of which all have a minimum of 60 -foot lot width and the smallest lot area is 8,500 square feet to 28,100 square feet, or an average of 11,256 square feet. The proposed lots are serviced by a curvilineal street design with two • accesses onto Galaxie Avenue. The 4.07 acres of park being proposed has been reviewed infgrmally by the'Park Commission and has not had officially action at this time. The developer is providing this park /0A_ CITY OF EAGAN REZONING AND PRELIMINARY PLAT, BERKSHIRE PONDS • DECEMBER 15, 1983 PAGE TWO as a twofold measure: 1) To provide a buffering from I -35E rights-of-way 2) To provide some active park area within this neighborhood. If the Park Commission decides not to elect to take this as parkland, the developer should look at providing this as an outlot and maintain- ing this park in a homeowner's association by this development or plat. The applicant has submitted the detailed grading plan showing how the homes will fit on each of the proposed lots. The applicant has not labeled the type of unit proposed and should add this or revise this exhibit showing the type of unit proposed on each of the proposed lots. If approved, the preliminary plat and rezoning shall be subject to the following conditions: 1) A planned development agreement be drafted in accordance with the specific plan approved by the Advisory Planning Commission and City Council. 2) Deviations from lot size for R-1 be allowed in accordance with • this specific plan. 3) The plat be reviewed by the Minnesota Department of Transporta- tion because the plat abuts State rights-of-way. 4) The plat be subject to the Park Commission's'review and comment regarding the proposed park dedication. 5) All lots shall contain a minimum of 60' lot widths at the 30' setback. 6) The detailed grading and house elevation exhibit be amended to include type of unit being proposed on the lots. This ex- hibit should be submitted prior to final plat application. DCR/jach ENGINEERING RECOMMENDATIONS '7) A detailed grading and erosion control plan shall be submitted for approval incorporating additional grading required to in- corporate the storage volume in Pond AP -16 lost to the propos- ed grading'. 8) An approved method of interconnecting the two ponds incorpor- ating Pond AP -16 shall be determined. SDS CITY OF EAGAN • REZONING AND PRELIMINARY PLAT, BERKSHIRE PONDS DECEMBER 15, 1983 PAGE THREE Engineering Recommendations continued, 9) If installed privately, plans and specifications for internal streets and utilities shall be prepared by a registered engi- neer in accordance with City standards and submitted to the Engineering Department for approval. 10) No individual access to Galaxie Drive shall be allowed. 11) The north -south dead-end street shall be eliminated and re- placed with a cul-de-sac. 12) Ponding easements incorporating the high water elevation of Pond AP -16 shall be dedicated as a part of this plat. 13) All internal easements shall be dedicated as required by staff. 19) All publicly -dedicated right-of-way shall be 60' unless ex- tenuating circumstances dictate otherwise. • 15) Adequate right-of-wayforGalaxie Avenue shall be dedicated to provide a 50' half right-of-way. 16) This development shall accept its responsibility for trunk area storm sewer assessments at the rate in effect,at the time of final plat approval. 17) The cost of providing all internal utilities and streets shall be the sole responsibility of this development. RMH/jach n U /06 MEMO TO: THE ADVISORY PLANNING COMMISSION, DALE C. RUNKLE, CITY PLAN- • NER FROM: RICHARD M. HEFTI, ASSISTANT CITY ENGINEER DATE: DECEMBER 12, 1983 SUBJECT: BERKSHIRE PONDS PRELIMINARY PLAT The Engineering Division of the Department of Public Works has the following comments regarding this proposed development for consider- ation by the Advisory Planning Commission and City Council. DRAINAGE/TOPOGRAPHY Existing topography for this proposed development consists of hilly grassland with several depressions. This proposed development lies within Drainage District A as evidenced by Figure 1. As a result, the existing drainage for this development flows, for the most part, to the northwest into two small ponds designated as Pond AP -16 on the City's Storm Sewer.Master.Plan. Although both of these small ponds are included as one on the Master Plan, only the northerly pond has been provided with a positive gravity outlet. Meanwhile, the exist- ing slopes for this proposed development range from 5-208. In order to obtain buildable lots on this topography, it will be nec- • essary for the low areas to be filled in by taking material from the hilly areas. However, the proposed grading will fill in approximate- ly 3/4 of an acre of ponding area for Pond AP -16. Subsequently, this development will be required to provide the necessary grading to main- tain the storage capacity of AP -16 as designated for the City's Storm Sewer Master Plan. In addition to a detailed grading and erosion con- trol plan being submitted for regular approval, an approved method of connecting the southerly pond in the northerly pond will need to be determined since preliminary indications are the Advisory Park Commis- sion will not accept the proposed land area park dedication. UTILITIES Utilities of sufficient size, capacity and depth exist in the proxi- mity of this proposed development as can be seen by Figure 2. A 12" trunk sanitary sewer cuts through the northern tip of this proposed development along with a 16" trunk water main and an 18" trunk storm sewer. In addition, a 20" water main is located within Galaxie Ave- nue with an 8" service stub to the west. All internal utilities shall be constructed and installed to City • standards. If these utilities are installed privately, then the 10-7 ENGINEERING REPORT • BERKSHIRE PONDS PRELIMINARY PLAT DECEMBER 15, 1983 PAGE TWO plans and specifications should be prepared by a registered engineer. and submitted for approval. The preliminary utility plans appear to be in accordance with the City's Master water and Sewer Plans. In order to conform to the City's Master Storm Sewer Plan, the two ponds lying within this development must be connected by approved methods. STREETS Access to this proposed development is currently provided by Galaxie Avenue which is a 46' wide 9 -ton design street with concrete curb and gutter and bituminous surfacing. The northwesterly portion of this proposed development will border I -35E, which, of course, allows no access to it. Proposed access to this development is by way of two street connec- tions to Galaxie Avenue. One will be directly across from Covington Lane and the other will be approximately 500 feet north. In addition, additional access to the north and to the south are being provided by stubbing streets to the property line. However, staff feels the pro- posed stub street running to the north is not really necessary since the triangle portion to'the north has -access provided to it off of old Galaxie Road. Subsequently, staff feels the northerly portion of this •. development could be served better by a short cul-de-sac. Otherwise, staff concurs with the remaining access points. However, staff does not recommend allowing any individual access to Galaxie Avenue. Subsequently, the internal street layout will have to be modified to provide access to the three lots in the southeast corner of this proposed development. As the Commission knows, access was granted directly across the street for two lots in the Park Ridge Addition. This was allowed for the reason that these lots abutted a pond, and subsequently, could not gain access to the east. This is not true for this situation since the same topographic constraints do not exist for this development. Otherwise, staff concurs with the remaining street layout which provides for excellent circulation. RIGHT-OF-WAY/EASEMENTS Additional right-of-way shall be dedicated for Galaxie Avenue to pro- vide for a total of a 50' half right-of-way. In addition, all inter- ior street right-of-way should be dedicated to a 60' width unless ap- proved otherwise by staff due to extenuating circumstances. A 10' utility easement shall be dedicated adjacent to all publicly dedicated right-of-way with a 5' drainage and utility easement being dedicated adjacent all external lot lines and a 10' drainage and util- ity easement being dedicated over all internal lot lines. Also, pond- ing easements will be required to encompass the high water elevation for Pond AP -16. Other easements over public utilities should be ENGINEERING REPORT BERKSHIRE PONDS PRELIMINARY PLAT • DECEMBER 15,, 1983. PAGE THREE dedicated per staff recommendation. ASSESSMENTS In reviewing the assessment records for this parcel, it was revealed that trunk area storm sewer had not been levied. Otherwise, all re- maining trunk area assessments have been levied at their respective rates. Therefore, it should be this development's responsibility to accept the trunk area storm sewer assessments over the net platted area at the rates in effect at the time of final plat approval. Pre- sently, this would amount to $36,400. This may either be paid at the time of final platting or assessed via a waiver of hearing. All costs for installation of internal utilities and streets shall be the sole responsibility of this development. I will be available to discuss any aspect of this report in detail with the Advisory Planning Commission at the December 15, 1983 meet- ing. Respectfully submitted, • H Richard M. a ti, P.E. Assistant City Engineer RMH/jach I C) • .A.n z \7911 ARV ( UL.- -/ (l_ � ,.J.., .�-. B0-2 "'. 06200 B/BOV I AP -2 ��1(E�] 1 �• BSBe :'� 0140 1 IB=e 8660 `I; •.OJ.dIE . NiaW,' A•m ,� �l ' I �866.0_� -";'lI � ` SI IJ,- B-! Sri IT , 7E Aro. fa 1-Ao PI 1Y.. ..- A•r— ;�_._— 1 ._ 1 �� __� S7%N •0.711;, 1•q.j-. ,�' 9F.3 a I BB13 B -erg BP -27 B9lo ! a; 1 eI.WIE BB20 _r \a � L Vit, •eH / nr I BP -25 ; BP -4 J 90 �1 0863�B•y / 910240 AP -35_ J•- - -__ �_; • _ _ «J c s .-CL'_::tr R B -a_ BB40 v I -7 � B-E BP -24 m BBBO��1 ..-S, 918.01 \` BP•5- 1 _ 974'0 814.0 i.P1 0' BB3.SI 909 T °a70 I - h / • 7. 970.0 ' .,// / 4P•T SBP -23 a' I BBel� ^i 89440 /�Q3StO eei���B797' ,.MBP-2`ri./M1' RD -A .;B 81� ;-�-� AP -22 e770 / //•• gI 12 Ir -_ 1 - - -AP-14 906.0 910.0 1976OS ject -o arcel , AP -IB 923.1 -.. a, I 97"0 /J • �w��/wj• 9380 AP -17 901. , DAKOTA COUNTY PARK B9359`f I ayfi,( 9110 9 6i : :': z •f,4A•TT 7 Ill �? 1 V .. .AP -33 I...... .,; d 4. .00 1 f'=`'• 9BB04.00� E_ST.SE:"i 1 / -9,0,05s, APPLE VALLEY LEGEND FIG. 1 Ito 8706 JP -35869• 8707 37 JP -49 T' i LP -63 8560 Bs&0 _ .1 97 FT L•1 �. gPlp7 �� � �4\s �\`19D LS -21 �• LP -56 ti PONDING AREAS . . . . . . . . . . . . V STORM SEWERS (411slir41 . . . . . . . . STOW SEWERS (PW -4) . . . . . . . . STORY LIFT STATION 4-111- l . . . . . . R STORM LIFT STATION (prftP ) . . . . . . D FORCE YAIN. 9490 I 9490 90.7 •STORM MAJOR DrvIS10M5 . . . . . . . . . . ---- NORMAL WATER LEVEL . . . . . . . . . 9000 POND NIGH WATER LEVEL . .. . . . . . 9000 OVERLAND ORAWAG( ROUTE.. . . . . . FIG. 1 Ito 8706 JP -35869• 8707 37 JP -49 T' i LP -63 8560 Bs&0 _ .1 97 FT L•1 �. gPlp7 �� � �4\s �\`19D LS -21 �• LP -56 ti 9sB0 t/10 'y912.0 - _— - /•1 aam lrJ/ i�LP1IYHOTA 17L � 11E�f�/ Lill 9sB0 LP -60 - - _— - /•1 967.0 1 lrJ/ 1 I LP -10 I I _ L. i-22 ti LP -9 V I 9490 I 9490 90.7 II ' 11 STORM SEWER MAP CITY OF N - { •SEE SHEET 10 cl cc Y 1 Q ' Y S I .. _... _ CLIFF +a62 _-------------- — - 578 --- ., W 969 HTo.ecv - — ' � R , W a X964 •---- .r �:- ��. \ ./ j I 'To ---�� -- -"-* `-968 964' TO - - - - - - wyo /�lnecv BGv 965 967 \ \ �o 89 5 Q°892 I o , rz— a I.............. w:f• Si� � 7f .,.e a cv - -- 890 %To s o v ,6 �r l �P �89 895 q. F I b.. 2 ' III SEE SHEET 0 PRELIMINARY PLAT OF BERKSHIRE PONDS EXCEPT= =.syr . It • fyl li 1 I _1 1 I- 1 1 I ! . • • r I I O Y INI(AINO OMPRNW. INC. '+ Ell vl � tai E_1 LJ � • 4 1 •..u. nn .. rn....to n.b.ru. qum uw .a.rm � I•lonmr ntcle.ral fEYFALL .solouTorl ••^•_. �. :....�_.� ::;_ " - _ amrr tar r.wpmr ..rs I .� rt Ytl1 r..v uTl 1•ar .f.Y.Ot b n rre. IOY. Y111 r1...T Quem to unl ti .nt I.r.In lar Ia1 1.100 n ra ♦uYn ur w W. art r.Ml .alw WYNrt rMY •0[\I Yilr. nYarl I %= Ir.nl O Y.t{I 1. CIAK0TA Ci:;liTY PHtLIMINARY PLAT DERRICK LAND COMPANY 'r �' C -z BERKSHIRE . PONDS ENGINEERING COMPANY, INC. PREUMINARY UTIUTY PLAN DERRICK LAND COMPANY �.0 �I I PREUMINARY UTIUTY PLAN DERRICK LAND COMPANY lli q6 2 LE3 p Ind. R-1 LEI ._.4 7 R4V R&D R R-111 p Ind._ Ng — Lg R40 R-11 R�l LB ✓csc ".F- RIII CT LBe FM' Rill R -I R-11 L R -IV R -11i p rry R41 HALL R -I csc R4 R-11 R -I RFV E R-11 GB 1: p p R - LB E P R-01 RB -M - -1 Rom R -11t R-1. o P �j1 E E R 1 - P R-11 R -I I P R-11 1 71 Ind,_ Ind. p R -11N R 'R LB R-111 L CX77 R LB LB R-1 p R-1 R4 cp IF GOLFF�'.'I� R -I R-111 R-11 R-11 R -I' R-11 p L R -n R41 P p L • POSE10S. EIL PK Mal 39 A I-- ������+�► A I 0 R if A PK R-3 J! PK R_1A P r R , A , L , , ,A R-4 R -4 / V V C d LF itA S�BJ_E T PARC, ; Mal 39 A I-- ������+�► A I 0 R if A PK R-3 J! PK R_1A P r M[e P. LARNIN wO BERT L. NOr rr.N Q AC F. SAL. O. EM. OMI LIM OO wcM ANDREW W, DAMI[LSON WCNOELL R. AMOCRION GERALD N rR1EOELL PO...I %-..TLOC. ADAM c, ML'..M ADo.. J, NCMME...+ AOMALO A RCTCNEA NEB C. cRIc+e oN COw.Ao J, LEI 11 JAN[B I.NH A. .0'LEI uon 10 C M rVLI[R Bw C-N.0C. SELL ... eLL..... N Jon, R , rVLLMw e.I c.A D.LE N N wvc. R1CrAR0 A ro.SC.LER ASC NARD A NORO orC ROB[Ar r NONiAO V[. JR. E.AALCS S. Mo.ELL ....NQ M.C. J D�crxEN RICNAAD I. DIAMOND JO.M R. St.,". erEPMEN o..0L..o. Jon. C. mc.L I.... E.OER O. R[1C,OOir Tv... nB.cA .a.A. P, arOLT.A. B r cvEN o, LCV.N January 10, 1984 LARMN, HOFFM.A,,T, DA -Ly & LINDGREN. LTD. ATTORNEYS AT LAW Per[A A, SCCA JON a Sw1CRi[."' N¢MA[L [. rwAPOCB 1500 NORTHWESTERN FINANCIAL CENTER R.... CA "IN K[.. 7900 XERXES AVENUE SOUTH ... CST O .0-0- M[9 P_ OVINX MINNEAPOLIS. MINNESOTA 55431 -IC ... I C, JAC.MAN C-CURr1. TELEPHONE 16121 935-3000 OAN..L A. OVINLAN +CROs N A[ TELECOPIER NO 1612) 035-5102 TODD I TRCC MAN CAr- C. OORUN N ... W MrtCn[LL 1700 [IRST BANK PLACE WEST FEDERAL PRACTICE PARTNERSHIP M. DAV�O O. O[LL[R .IOM. A. COTT[R 120 SOUTH SIXTH STREET LARKIN. MCCAPINT, NOCL.'ALM & MINSMALL r.LCCN M OATCO NOMAS O. M-COONALO MINN(APOLIS. MINNESOTA 55402 SUITE 1110 1..11 L MOLT eRADL[. M Rr AN TELEPHONE I612 ]]8-0010 I]OI PENNSYLVANIA, N. W. e[M O1AI.1C1 A OTM W[ILCR WASHINGTON, O. C. 20004 BMCRRILL O.A. AURCTIC. P AUL O. PLUNKETT TELEPHONE 12021737-1000 SUSAN R......B.T DVeA. C, OAR.CS • O... ORAOr AIL.0W TC RM .AO M1 r,.S1CON.SON Or CO UN SCI ame -N LJ. nR[n TO.E The Honorable Bea Blomquist 4504 Oak Chase Road Eagan, Minnesota 55123 Re: Berkshire Ponds - Rezoning and Preliminary Plat • Dear Mayor Blomquist: We represent Derrick Land Company. Derrick Land Company has applied for a rezoning from A (Agricultural) to R-1PD (Residential Single - Family Planned Development District) and for preliminary plat approval for approximately 27 acres of land lying between I -35E and Galaxy Avenue, west of the planned development known as Park Ridge. The application is on the Council agenda for January 17, 1984, with a recommendation of approval from the Planning Commission. We are aware that the City Council has had several discussions in recent weeks with respect to the circumstances under which single- family residential planned developments and the associated flexibility with respect to design and lot size requirements are appropriate. We set forth in this letter the facts and reasons why Berkshire Ponds is consistent with Council policies and the zoning and subdivision ordinances of the City of Eagan. We do so in this letter because your recent discussions indicate your concern that single- family residential planned developments should not be treated as a routine matter. Berkshire Ponds was carefully structured so as to be consistent with the policies of the Council as expressed in the Eagan Comprehensive Guide Plan, especially the housing section; the policies set forth in •the special joint meeting of the Planning Commission and City Council of April 12, 1983; and the recent restatement of those policies by the Council late in December. 1983. (I-7 L.ARKI j, HOFF?IAN, DALY & LINDGREX. LTD. • The Honorable Bea Blomquist January 10, 1984 Page 2 This is a unique site because of its location and condition. A number of areas in the City are perfectly appropriate for normal lot sizes and widths; this is not one of them. It is not a particularly attractive site. This site, moreover, is isolated from existing or proposed large lot or standard lot single-family developments. It is, in fact, consistent in density with a development to the east. Zoning Ordinance standards for planned development include that the proposal is better adapted to physical setting and those of surrounding lands. The second standard is that it is feasible for the owner to economically complete in the manner proposed, in fact, more feasible than some other alternatives. The same section of the ordinance indicates that a standard for planned development approval is that it benefit the community at large to a greater degree than the underlying zoning district. That judgment was made by the Council when it designated the site and adjacent lands in the Land Use Plan for density of three to six units an acre. The land is located between a Community Collector street and I -35E. • It is gently rolling with a few standing trees. (The prior owner of the land removed nearly all of the trees.) The few trees exist in a ponding area which is proposed to be used as park for the neighborhood to be created. Thus, the sole amenity on the site is being preserved for neighborhood use and buffer from I -35E. Of course, a number of plantings will be done to enhance the environment for the homes. The street and lot layout makes optimum use of the existing terrain. These factors, then, meet the first standard of the ordinance stated in the preceding paragraph. The second and third stated standards are also met. The proposed density is consistent with the Land Use Plan for this site'and adjacent lands. We have requested k-1 PD for two primary reasons. First, it mandates that we develop the land exactly as it has been proposed. A rezoning to R-2 or R-3 would give the landowner the later option of proposing a different development scheme which would then be consistent with the zoning obtained. Second, it is consistent with the needs of the potential home buyers. Derrick Land Company does not believe that the land can be developed and sold in the near future if developed in the nature of townhouse development. Berkshire Ponds proposes 73 single-family lots and a four -acre park. Its gross.density is 2.7 dwelling units per acre and its net density is 3.1 dwelling units per acre. The minimum width at the front yard setback on all lots is 65 feet; the minimum depth is 130 feet; the • average lot size is 11,250 square feet. These minimums and lot sizes are larger than a number of planned developments recently approved by the Council, such as Northview Meadows, Sheffield, Sun Cliff and Park Ridge. LARKIN, HOFF%IAN, DALT & LINDGREN, LTD. is The Honorable Bea Blomquist January 10, 1984 Page 3 The specific design of the subdivision was discussed in detail with the Planning Commission. Derrick Land Company worked closely with the engineering department and was responsive to Planning Commission suggestions. All of the conditions attached to the approval of the Planning Commission are acceptable to Derrick Land Company. We urge that the Council approve Berkshire Ponds. Larry Frank of Derrick Land Company will be contacting Councilmembers to ascertain whether any of you wish to inspect the site and have him explain the appropriateness of the Berkshire Ponds proposal in response to the land form and location. We will appear on January 17 to expand on this letter and respond to your questions and comments. If any of you have any questions or comments prior to the Council meeting, please feel free to call Mr. Frank (w) 546-2276 (h) 454-7323 or me. Sincerely yours, E David C. Sellergren, LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. mp cc: Tom Hedges Dale Runkle Derrick Land Company 17j January 10, 1984 • MEMO TO: HONORABLE MAYOR AND CITY COUNCIL TOM HEDGES, CITY ADMINISTRATOR yam" OM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: ADVISORY PARKS AND RECREATION COMMISSION ACTION; BERKSHIRE PONDS At the regular meeting of the Advisory Parks and Recreation Commission on January 5, 1984, the Advisory Commission reviewed the proposed park- land dedication for Berkshire Pond from Derrick Land Company. Mr. Larry Frank of Derrick Land Company proposed that the City accept approximately four acres of parkland of which 2.5 acres is land with remainder in ponds., Mr. Frank had previously appeared at the December Advisory Commission to propose that the City accept the land parcel in fulfillment of the parks dedication requirement. This item was tabled at the December meeting pending Advisory Planning Commission review. Mr. Frank indicated that the developer would construct a buffer against 35E and provide a tot lot and some grading within the park. In review of the proposed parkland area, the Advisory Commission noted that the park is in the service district in which Ridgecliff neighbor- hood park has already been dedicated. This park is accessible to this proposed plat via walkway along Covington Avenue. The Commission also • questioned the advisability of providing a tot lot in such close proximity to two ponding areas. There is also a discussion by the Commission at the request of the developer for issuance of park dedication credit if the de- veloper were to retain this area as a private park. • After additional discussion, Chairman Martin moved, seconded by Doug McNeely, to recommend to the City Council that a cash dedication for Berkshire Pond Development be made. The Commission cited the small size of the park parcel, proximity and accessibility to Ridgecliff Park, the unacceptability of the proposed tot lot, finding that the parcel would not benefit the City's park system. KV/js CC: Dale Runkle, City Planner Tom Colbert, Director of Public Works Judy Heald, Planning Secretary Paul Hauge, City Attorney File I2-0 • APC Minutes December 15, 1983 3. The plat shall be subject to Dakota CouHthe t ommission's review and comment because the plat abuts County Road 26ak Road). Cross easements shall be established common entrance for Lots 1 d 2, and only one access shall be allow. 5. All%t'erClty ordinances shall becomplied with. 6. A dgrading/erosiontrol plan shall be submitted for approval by the Engineering 7. If installed ppr ns and'specifications for utility service connections shall be registered engineer and submitted to the Engineering Departmen 8. A 50 foot half ight-of-way shall be dedicated for Lone Oak Road (County Road 26) for p is right-of-way. 9. Easement shall be dedicated as recommended by City staff. 10. orate area, sanitary sewer area, and lateral' -benefit from trunk • water main o the extent it applies) shall be the responsibility of this developmen \ 1 All costs for utility installation, grading, etc. shall be the sole responsibility of this proposed development. • BERKSHIRE PONDS - REZONING AND..PRELIlQHAAY PLAT The hearing regarding the application of Derrick Land Co. and Richard Bloom to rezone approximately 27 acres from A (Agricultural) to R-1 PD (Resi- dential Single Planned Development District) in order to deviate from the normal single family lot size requirement, and preliminary plat approval of Berkshire Ponds was convened by the Chairman. The parcel consists of 27 acres and would contain 73 single family lots and -a proposed 4 acre park located in the Southwest Quarter of the Northwest Quarter of Section 32 on Galaxie Avenue. I - Dale Runkle presented the application and noted that the land use is R -II with the zoning presently Agricultural. The development would provide for a 2.7 dwelling unit per acre gross density and 3.1 dwelling unit per acre net density. The areas to the north and south are presently undeveloped and are proposed to be developed in accordance with R -II l,and use including 3 to 6 dwelling units per acre. in APC Minutes • December 15, 1983 The 73 single family lots would have a minimum 65 foot lot width,. and the smallest lot area is 8,500 square feet with an average of 11,256 square feet. Six lots meet all the minimum requirements, 11 lots do not meet the lot width minimum requirements and 56 lots are below the 12,000 square footage and also below the 85 foot minimum frontage. David Sellergren, attorney, appeared together with Larry Frank of Derrick Land Company, and Bill Maurer of Probe Engineering. Mr. Sellergren stated that constraints existed because of I -35E and Galaxie Avenue and also recommended that the park be accepted by the City because of its being a self-contained area. He stated that the R-1 PD re- quested does not allow for variances but to create greater controls by the City. He also stated it's not economically feasible for R-1 minimum standard lots and the Comprehensive Plan allows 3 to 6 units per acre on the site. He stated the minimum frontage would be 65 feet and the intention is to sell all lots to one developer. He also requested that the 60 foot right-of-way on internal streets not be required and. Mr. Hefti recommended 60 foot right-of- way on the southerly east -west street. The developer also requested access directly to Galaxie from three lots, but that driveway turnarounds will be provided internally on each lot. Byron Watschke has proposed 100 foot front- ages according to Mr. Runkle for the site and objected to the smaller lots. The Park Committee has reviewed the request'for'Park dedication and Mr. Runkle • stated that he understood that the Committee is recommending that it be pri- vately owned and maintained. It was noted that the City Council is currently reviewing small lot and density issues and some members recommended that the matter be continued. McCrea moved, Wilkins seconded the motion to recommend approval of the application for rezoning from A -Agricultural to R-1 PD. Mem- ber Mulrooney opposed the undersizing of lots, noting that by far the highest percentage of lots do not comply with minimum requirements. All voted in favor except Mulrooney who voted no. McCrea then moved, Wilkins seconded the motion to recommend approval of the application for preliminary approval of Berkshire Ponds, subject to the following: • 1. That a planned development agreement shall be executed in accordance with the specific plan approved by the Advisory Planning Commission and City Council. 2. Deviations from lot size for R-1 shall be allowed in accordance with this specific plan. 3. The plat shall be reviewed by the Minnesota Department of Transpor- tation because the plat abuts State rights-of-way. 4. The plat shall be subject to the Park Commission's review and com- ment regarding the proposed park dedication. 5. All lots shall contain a minimum of 65 foot lot widths at the 30 foot setback. 27 5 APC Minutes December 15, 1983 6. The detailed grading and house elevation exhibit shall be amended to include the type of unit being proposed on the lots. This exhibit shall be submitted prior to final plat application. (No other ordinance deviations shall be allowed. . 7. A detailed grading and erosion control plan shall be submitted for approval incorporating additional grading required to incorporate the storage volume in Pond AP -16 lost to the proposed grading. B. An approved method of interconnecting the two ponds incorporating Pond AP -16 shall be determined. 9. If installed privately, plans -and specifications for internal streets and utilities shall be prepared by a registered engineer in accordance with City standards and submitted to the Engineering Department for approval. 10. Access to Galaxie Drive shall be allowed for three lots with no building permit to be allowed without ability for lot turn around. 11. The north -south dead-end street shall be eliminated and replaced with a cul-de-sac. 0 12. Ponding easements incorporating the high water elevation of Pond AP - 16 shall be dedicated as.a part of this plat. . 13. All internal easements shall be dedicated as required by staff. 14. The southerly east -west pub licly-ded ica ted' right-of-way shall be 60 feet. 15. Adequate right-of-way for Galaxie Avenue shall be dedicated to provide a 50 foot half right-of-way. 16. This development shall accept its responsibility for trunk area storm sewer assessments at the rate in affect at the time of final plat approval. 17. The cost of providing all internal utilities and streets shall be the sole responsibility of this development. p.m. All voted in favor except Mulrooney who voted no. ADJOURNMENT Upon motion duly made and seconded, the regular meeting adjourned at 9:40 ;�3 Secretary PHH • • • Agenda Information Packet January 17, 1984'City Council Meeting Page Nineteen SIDE SETBACK VARIANCE/KEMP PROPERTY C. Jeffrey and Diane Kemp for a 20' Side. Setback Variance to the 50' Requirement Along Wescott Road -- An application has been submitted to the City Council requesting a 20' side setback variance in order that a single-family home can be con- structed within 30 feet from a right-of-way of a public street for Lot 1, Block 3, Drexel Heights Addition. The City Planner has reviewed the request and a copy of his report is enclosed on pages I15 through 130 ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the side setback variance as requested by Mr. and Mrs. Jeffrey Kemp. )ak • CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: JEFFREY & DIANE KEMP LOCATION: LOT 1, BLOCK 3, DREXEL HEIGHTS ADDITION EXISTING ZONING: R-1 (RESIDENTIAL SINGLE DISTRICT) UNDER THE PILOT KNOB HEIGHTS PLANNED DEVELOPMENT DATE OF PUBLIC HEARING: JANUARY 17, 1984 DATE OF REPORT: JANUARY 11, 1984 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been submitted requesting a 20' side setback variance in order that a single family home can be constructed within 30' from a right-of-way of a public street for Lot 1, Block 3, Drexel Heights Addition. COMMENTS in review of other setbacks for existing homes along Wescott Road, it • appears that the City has used between a 40-50' setback requirement from Wescott Road. According to Chapter 11 of the City Code, a 50' setback would be required due to the type, classification and right- of-way dedicated for Wescott Road. In review of Lot 1, Block 3, the access to this lot is from Dresden Court to Wescott Road. The southerly property line of Lot 1 abuts the Wescott Road right-of-way. There is, however, a unique situa=- tion in regard to this particular right-of-way. Just west of where Dresden Court has access to Wescott Road, the right-of-way for Wes- cott Road is shifting south of the section line separating Section 15 from 22. The northerly right-of-way line was this section line up to where Dresden Court has access with Wescott Road. Just east of this particular location the right-of-way starts moving south- ward away from this section line creating a gap between the right- of-way line and the section line. This gap is approximately 20-24 feet where Lot 1, Block 3 abuts Wescott Road. This gap has also been dedicated to the City for additional right-of-way for Wescott Road. In looking from the center of Wescott Road, the northerly half of right-of-way would consist of approximately 70-75 feet on the north half and only 50' on the southerly half. Therefore, additional right-of-way had been provided which is not really necessary.for this particular roadway. If the normal right-of-way of 50' would be platted, this right-of-way would be shown approximately one foot behind the sidewalk trailway on the north, and from this right-of- way to the building setback would then be the 50' which the City would require. Due to the excess right-of-way dedicated, the appli- cant cannot meet that 50' setback requirement and is requesting the 20' side setback variance. gas' CITY OF EAGAN VARIANCE - JEFFREY & DIANE KEMP • JANUARY -17, 1984 PAGE TWO In review of this particular situation, it appears that there is ex- cessive right-of-way in this location. The applicant is meeting the intent of the ordinance to provide adequate setback from a community collector street. However, due to the excessive boulevard, the appli- cant is maintaining the overall intent of the ordinance for adequate setback. If approved, the variance should be subject to the following condi- tions: 1) A minimum of 30' should be maintained from the southerly pro- perty line. 2) All other ordinance requirements shall be adhered to. DCR/jack • • VARIANCE APPLICATION • • The variance being applied for involves; Lot 1 Block 3 Drexel Heights Addition. We are requesting permission to build a home thirty feet from our property line off of Wescott Road instead of the fifty feet now required. This variance would improve the solar access for solar panels and would allow us to leave more trees along Wescott Road. It would also en- able us to build a garage large enough for our needs. If this variance were granted) we would still be approximately seventy-two feet in from the near curb. 1a7 LOT 1 BLOCK 3 DREXEL HEIGHTS ADDITION I Ino co co \° 3 I I jI M 318.75 _ Lye,_, }� (D SEE SHEET 5 CB-103r� jN 15 _ =-i- - PROPOSED _ __ C8MH-103 ------�_- WATER MAIN •.� 060-51 070-5I OGO.%l '• City of Eagan \ o is �� r• r% / ; ;i / o¢-oo- I, ' � "/`I a �- 1� — — — ..► Y q f fY..» 16 7 city at /r .:•Y�t.- , e €e .rl ' Y f A �\ ; airy .% •T^� b Q _� r r 010-52 City of Eagan�,,i �� , - X11. $ // P 010-00 ? • 3s% oaf: 4 � � � ..y. Ob 10 P�Yra..�a.L. r. QF i �a ¢• VY\ �t \/` ;;;; ,, r; i %L M lob ..030-00 :Q 1 < . NR •i / eSV k' t: 44 City a�6• C�T::•R C tots w !1 Q7 • - /�� �� • \\ D M i G'o O • 3 �e� e � e y 040-7t' - 7 ••aye ►t 1 • l \ _ Y tNr» �Y.1 `d7\ Agenda Information Packet • January 17, 1984 City Council Meeting Page Twenty ADDITIONAL' ITEMS MUNICIPAL CENTER CHANGE ORDERS A. Municipal Centers Change Orders -- The City Administrator presented a lengthy discussion as a part of the agenda information for the December 20, 1983, City Council meeting regarding the final change order for the Municipal Center project. The City Administrator at the time the memorandum was prepared did not have. the full explanation from the architect as to why certain change orders were necessary. The City Administrator and Chief Building Inspector, who coordinated the final punch list with Voronyak Construction Inc., had several concerns not only about items that needed to be completed and/or corrected but also questions about specifically two (2) change orders. To date, the final punch list has not been totally satisfied; however, the contractor and architect are both responding to all the needs presented by the Chief Building Inspector and City Administra- tor. Regarding the final change orders #3 and #4, the City Administrator expressed some dissatisfaction over a portion of change order #4 which, includes emergency lighting. The City • had taken a position before contracts were let on this project that emergency lighting would be necessary due to the fact the standby generator utilized for the Police Department would not be adequate for the entire Municipal Center. -The architect reviewed this matter with his electrical engineers and they determined that the generator would be adequate to handle the entire Municipal Center. Therefore, there was no money provided for emergency power packs to provide lighting for the Municipal Center in case of an emergency need for lighting. The City Administration has contended that this decision was not correct during construction and upon final completion of the project a test was run and it was determined that with the addition of the Municipal Center lighting in addition to all the needs of the Police Department, the generator would be at maximum load and therefore, the emergency lighting would be necessary in addition to the standby generator. Therefore, to meet code requirenients, emergency lighting in the amount of $2,857.45 was installed. The City Administrator has asked that a certain reduction, approximately 108, at least be provided by the electrical engineers who were in error with their original calculations. The other issue had related to an elevator equipment room that was constructed in error of the original building plans. The elevator equipment room that must be provided to meet elevator code requirements was to be constructed in what the City had been using as vault storage in the basement of the building. It was determined by the architects that room was for vault • storage and that an additional room must be constructed as the elevator equipment room. Technically, that room would not have 131 Agenda Information Packet January 17, 1984 City Council Meeting Page Twenty -One • been required; however, if the room had not been constructed, the City would have lost a basement vault storage area. Upon final review of all change orders with the architect, the City Administrator is satisfied, particularly with the changes that the architect has made, these change orders should be considered. For a copy of Mr. Boarman's letter and a copy of the two change orders, refer to pages _f3through i3g . Also, the architect is requesting approval of the final architect's fee for the project. The City Council might recall that the compensation that was agreed to is based on the following: 1)- the initial compensation shall be a fee of $4,000 for program- ming, preliminary design, cost estimating and pre -bond referendum assistance; 2) the final compensation if the referendum passes will be 98 of total project cost if only a City Hall addition• and 88 of total project if the City Hall and Fire Station addition are included; 3) the initial compensation is to be accredited toward the total fee. The basic contract also calls for any change orders that are owner -items, the architect is eligible for an 88 total fee of these items. The City Administrator had argued from the time the original change orders were presented until the final change orders were presented that certain changes were not the responsibility of the City, which include the electri- cal lighting. By eliminating those changes, the percent fee • on the change orders was reduced for the final fee to the architect. Also, the City Administrator was very displeased with how a staff person at Boarman Architects, Inc. handled the architect's responsibility as it relates to the purchase of furniture. Consequently, the architect has agreed to eliminate any fee on their work performed on the furniture. The City Administrator has requested a letter from Mr. Boarman regarding his final fee schedule, a copy is enclosed for your review on pages through fq-1 Also enclosed on page is a copy of the final Eee update as presented by Mr. Boarman. The total fee balance to be approved is $8,671. This is a reduction of approximately $2,000 in total fee from the time the first fee balance was submitted to the City in November 1983. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the final change orders for the Minicipal Center project and to approve or deny the final fee for Boarman Architects, Inc. Special Note: There will still be a final payment to Voronyak Construction, Inc. to satisfy the final punch list. Also the building is under guarantee and Voronyak is required to correct any problems that may occur for approximately one year. • CHANGE ORDER W1 DOCUMENT 0701 ,7. OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ OTHER PROJECT: Eagan Municipal Center CHANGE ORDER NUMBER: 3 (name,address) Eagan, Minnesota TO (Contractor) F —] ARCHITECT'S PROJECT NO: 1037.1 Voronyak Construction, Inc. CONTRACT FOR: 3070 Ranchview Lane Complete Construction Plymouth; MN 55447 L J CONTRACT DATE: April 5, 1983 You are directed to make the following changes iri this Contract: 3. Provide and install exhaust fan N2 ADD $1,642.05 replacement as per Nelson-Rudie letter dated October 24, 1983. Fan $822.00 Labor $494.00 Overhead &Profit $ 76.00 Electrical Con. $ 45.00. $1,431.00 • Contractor Fee 205.05 $1,642.05 TOTAL ADD: $3,276.20 The original Contract Sum was . . . . . . . . . . . . . . . . . ' . S 801,998.00 Net change by previous Change Orders . . . . . . . . . . . . . . . . } . s 10,584.30 The Contract Sum prior to Ihis Change Order was . . . . . . . . . . . .. S 812, 582.30 The Contract Sum will be (increased) I by this Change Order . . . $ 3,276.20 The new Contract Sum including this Change Order will be . . . . . . . . . . . $ 815,858.50 The Contract Time will be (increased) •omr% . by (, 30 ) Days. The Date of Completion as of the date of this Change Order therefore is November 15, 1983 Boarman Architects, Inc. 15 South 5th Street' V6ronyak Construction,.Inc. City of Eagan ARCHITECT 10 Chamber of Commerce CONTRACTOR - OWNER 3070 Ranrhl;iew lane 3795 Piln Knob_Roa-d Address Mpl s . , -MN 55402 Address Address Mpls., MN 55441 Eagan; MN BYE B�, 19 /7/9 er a Oloaquist, MayoF DATE DATE BY- E. y E. J. Van Overbeke, City Clerk 13b Date: AIA_DOCUMENT 6701 CHANGE ORDER • APRIL 1970 EDITION. • AIA® • 0 1970 • THE r1Nr nnr.F CHANGE ORDER AIA DOCUMENT 0707 OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ OTHER PROJECT: Eagan Municipal Center (name, address) Eagan, Minnesota TO (Contractor) F _VoronyW Construction, Inc 3070 Ranchview Lane Plymouth, MN 55447 CHANGE ORDER NUMBER: 3 ARCHITECT'S PROJECT NO: 1037.1 CONTRACT FOR: -Complete Construction L J CONTRACT DATE: You are directed to make the following changes in this Contract: 1. Provide and install mechanical ventilation to existing bdildin9 elevator equipment room. 2 Fire Dampers $110.00 2 F.D. Sleeves $ 40.00 . 2 Grills $ 90.00 Cutting &.Patching $180.00 Labor $415.00 Overhead & Profit $ 41:00 = 876.00 Contractor Fee $131.40 TOTAL $1,007.40 • . Provide and .install electrical requirements in existing building elevator equipment room. Relocate Disconnect switch $425.00 Relocate Fire Alarm & Telephone and'add Duplex receptacle $120.00 545.00 . Contractor Fee $ 81.75 TOTAL 626.75 • (Cont. Next Page) 137 April 5, 1983 :,. Add e u $1,007.40 eo N $ 626.75 60 I OWNER CHANGE ARCHITECT ❑ ORDER CONTRACTOR ❑ FIELD ❑ �IA DOCUMENT G70T O7HER PROJECT: Eagan Municipal Center CHANGE ORDER NUMBER: 4 (name, address)Eagan, Minnesota TO (Contractor) ARCHITECT'S PROJECT NO: 1037.1 Voronyak Construction, Inc. CONTRACT FOR: 3070 Ranchview Lane Complete Construction Plymouth, MN 55447 L J CONTRACT DATE: April 5, 1983 You are directed to make the following changes in this Contract: 1. Delete the general construction for rooms 22 through 26 in the basement (doors, frames, and O hardware to be turned over to owner.) Deduct ($ 3,460.00) 2. Delete installation of four (4) telephone receptacles in existing police station as fl 4 per drawing E-2 dated September 16, 1983. Deduct ($ 180.00) O 3. Delete relocation of police sign. Deduct ($ 150.00) �l l O` 4. Provide and install concrete in existing mechanical holes in the existing precast • roof. Add $ 649.75 h ,l C 5. Repair electrical wiring and conduit at et a former location of flagpole. Add $ 425.00 C 6. Provide and install emergency lighting system ek as per Nelson-Rudie letter dated October 24, 1983. Add $ 2,857.75 C . 7. Relocating of refrigerant piping to condenser units. Deduct $ ( 600.00) .l N C TOTAL DEOLICT $ ( 457.50) The original Contract Sum was . . . . . . . . . . . . . . . . . . . . . 5 801,998.00 Net change by previous Change Orders . . . . . . . . . . . . . . . . . . s 13,860.50 The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . s 815,858.50 _ The Contract Sum will be (increased) f*R%RX--) (Lxwkpi)ccA) by this Change Order . . . $ (457.50) The nese Contract Sum including this Change Order will be . . . . . . . . . . . $ 815,401.00 The Contract Time will be kR9ERJe9C0D(kkXCeA%7dk(unchanged) by I ) Day,. The Date of Completion as of the date of this Change Order therefore is November 15, 1983 . Inc ARCHITECT Address Minneapolis, MN 55402 r� Voronyak Construction, Inc. City of Eagan CONTRACSOU R Ranchview Lane OWNER 3795 Pilot Knob Road Address JU/Address Minneapolis. MN 55441 Eagan, MN BY BY ea�ffaBTomquist;�ayor DATE DATE 8 E. J. Overbe e, CityZTerk 3g Date: AIAf DOCUMINT 6701 • CHANCE ORDER • APRIL 1970 EDITION • AIAS • 0 1970 • THE nNr reer Agenda Information Packet January 17, 1984 City Council Meeting • Page Twenty -Two • \J PUBLIC OFFICIALS' LIABILITY INSURANCE B. 1984 Public Officials' Liability Insurance -- The renewal premium as recommended by Unimark for public officials' liability insurance reflected a 428 increase and therefore, it was the decision of the Director of Finance and City Administrator to seek additional quotations for this type of insurance. It is the City's recommendation that the quotation submitted by L.W. Biegler Company be approved for a three-year period covering 1984, 1985, and 1986, unless there are any concerns expressed by the City's insurance agent, Mr. Bruce Medvec, that would change this recommendation. For additional information on this item and a copy of the claims history, refer to pages through 14!� - ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1984 Public Officials' Liability Insurance for a three-year period of time in the name of L.W. Siegler Company. 143 MEMO TO: CITY ADMINISTRATOR HEDGES • FROM: FINANCE DIRECTOR VANOVERBEKE DATE: JANUARY 11, 1984 SUBJECT: PUBLIC OFFICIAL LIABILITY INSURANCE In late December the City received a renewal quotation for its Public Official Liability Insurance from Unimark. The renewal premium is $4,950 as compared to the $3,494 paid in 1983. Since this is a 428 increase, Bruce Medvec and I decided to seek quota- tions from other potential carriers and to request more loss information from Unimark. A copy of the loss information is attached for your review. Bruce received quotations from St. Paul Surplus Lines Insurance Company (they were recently awarded our Police Professional Liability) and L.W. Biegler Company of Chicago representing International Surplbs Lines Insurance Company. L.W. Biegler Company has offered the same coverage as Unimark for a three (3) year period at a total rate of $9,300. St Paul Surplus was lower than Unimark but higher than Biegler. I have asked Bruce to provide a letter recommending the change to Siegler. However, he is out of town until Monday, January • 16, 1984, so I'm not sure we will have the letter for the City Council meeting. I would recommend that the City Council approve L.W. Biegler Company as the provider for the Public Officials Liability Insurance for a three-year period covering 1984, 1985, and 1986. If there are questions regarding this change, I will research the matter with Bruce as necessary. E. J VanOverbeke EJV/kf Attachment /44 • CLAIMS HISTO DATE: 12-30-83 INSURED: City of Eagan, Missesota PREPARED BY: POLICY DATES: REVIEWED BY: - PREMIUM: ILE 110• CLAIMANT POL.PER. DATE OF CLM. PREMIUM RESERVES PAID LOSSES EXPENSES STATUS 30.0022220 Robin Geiger 7-18-79 S y $ �.�� 5,209.28 Closed 30.0022283 J & D Bruzzone 12-11-79 277.88 Closed 30.002236 EasterLutheran Churc 4-15-80 335.00 Closed 30.0022380 Mahmood Agmasst 7-15-80 212.50 Closed yg 3 ' 0 30.0022381 Eagan 307C 6-30-80 235.00 Closed 30.0022382 Weslie Berg 7-1-80 460.00 Closed 30.0022428 Robert Moreland 11-7-80 339.77 Closed 30.0022431 Pilot Knob Propertie 11-11-80 311.63 Closed 30.0022489 Paul Taylor 2-20-81 6,911.00 33,090.41 OPEN 33 ' ysc,.�$ 30.0022618 Farmington Developme t 10-21-81 365.87 Closed hyo, 83'1.34 Agenda Information Packet January 17, 1984 City Council Meeting Is Page Twenty -Three JOINT POWERS AGREEMENT/DEVELOPMENT OF LEGISLATIVE PROGRAM C. Joint Powers Agreement/Development of Legislative Program - At the last City Council meeting held on January 3, 1984, the concept of entering into a joint and cooperative agreement to hire a lobbyist with several other metropolitan suburbs was considered and approved. At the special City Council meeting held on January 10, 1984, the City Administrator reviewed a joint and cooperative agreement and the whole joint lobby program with the City Council. The primary purpose of entering into a joint cooperative agreement is for each city to jointly and cooperatively develop legislative programs on matters of mutual concern and interest, specifically that of local government aid. This group will also oppose proposals which may be in conflict with the interests of its member municipalities. Eight (8) lobbyists will be interviewed on Friday, January 13, and a decision is expected sometime late next week as to who will be hired by the group. ACTION TO BE CONSIDERED ON THIS ITEM: To enter into a joint and cooperative agreement with several other metropolitan, suburbs for the purpose of developing legislative programs on matters • of mutual concern and interest and that the Mayor and City Clerk be authorized to execute this document-. • 146 Agenda Information Packet January 17, 1984 City Council Meeting Page Twenty -Four • NON-UNION COMPENSATION FOR 1984 D. Non -Union Compensation for 1984 -- At a special City Council meeting held on Tuesday, January 10, 1984, all non-union salaries were reviewed for 1984. It was suggested that all non-union personnel receive a 4.58 increase in salary adjustment for 1984 and further that the City qualify an IRS program to allow some before tax consideration for the employee amount contributed in payment for insurance premiums. Also at a special City Council meeting held on December 22, 1983, there was a recommendation that a salary compensation study be made for all non-union personnel during 1984 to evaluate what level of compensation each position should be given. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 4.58 increase in salary compensation for all non-union personnel during 1984 and to authorize an IRS ruling to allow before tax adjustment for all insurance contributions for these employees. Also action should be considered to: Formally authorize the City Administrator to prepare a request for proposal and solicit quotations from reputable firms offering analysis, work and salary compensation studies. • RATIFICATION OF 1984 POLICE ASSOCIATION CONTRACT E. Ratification of 1984 Police Association Contract -- The Police Association has agreed to a one (1) year contract totaling approximately 4.58. City Administrator, having presented the demands and a settlement to the City Council, is requesting final ratification. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny final ratification of the 1984 Police Association contract. LONE OAK TREE F. Lone Oak Tree -- The City Administrator and Director of Parks and Recreation are working on a policy for the preservation of the Lone Oak Tree and a method in which pieces of the Lone Oak Tree can be distributed to non-profit organization and residents of the community. Since the City Council has discussed removal of the Lone Oak Tree, a Mr. Kent Nerburn, who resides at 2650 Irving Avenue North, Minneapolis, has contacted the City asking that consideration be given to preserve a portion of the tree into an appropriate sculpture. Enclosed on pages through 15'4 is a copy of Mr. Nerburn's letter and credentials and if -the City Council is interested in pursuing a proposal for ,ti1r. • Nerburn to create a memorial from the Lone Oak Tree, additional /47 Agenda Information Packet • January 17, 1984 City Council Meeting Page Twenty -Five • contact will be made by the City Administrator accordingly. ACTION TO BE CONSIDERED ON THIS ITEM: To provide direction to the City Administrator regarding a sculpture of the Lone Oak Tree. AMM LEGISLATIVE POLICIES G. AMM Legislative Policies -- At the last City Council meeting the AMM Legislative Policies were distributed to each member of the City Council. These policies will be enacted by the AMM membership at their legislative policies meeting scheduled on January 31, 1984. It is the intention of the Mayor to review the policies and if there are any changes recommended by the City Council, they will be incorporated into a statement by the City's voting member and recommended for a policy change at the AMM meeting. If any member of the City Council has misplaced their legislative policies, an additional copy will be made and distributed with the administrative packet. ACTION TO BE CONSIDERED ON THIS ITEM: To- direct that any recom- mended changes to the AMM legislative policies be incorporated into a statement for presentation to the AMM. /4-7 a 0 2650 Irving Avenue North Minneapolis, Minnesota 55411 29 December 1983 Mr. Thomas Hedges, City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minn. 55122 Dear Mr. Hedges: 0 E C IqW I read with great interest the article in Wednesday's Minneapolis Tribune regarding the plight of Eagan's Lone Oak Tree. I believe I may have a solution that will allow Eagan to keep the tree and give it new life as a focus and symbol of the community. As the artistic Director of FIGURA I am involved in choosing projects for our studio to undertake. Upon discussion, we feel that the opportunity to create a memorial of and from the Lone Oak Tree, and to site this within the city of Eagan, is a unique and highly exciting project. We would like to explore this possibility with you. We are prepared to offer a short presentation to the City Council or other relevant individuals. At that time we would show you slides of our other works and present you with several rough ideas of how we think the Lone Oak Tree could be turned into an exciting and significant civic memorial. Since the cutting of the tree is imminent, I will contact you on or before the fourth of January to see if you wish tomeetwith us on this matter. If our services are to be engaged, it is imperative that the tree be cut to our specifications and not merely cut into arbitrary lengths. I am convinced that, working together, FIGURA and the city of Eagan could create a memorial from the Lone Oak Tree that would be a source of civic pride and community identity for generations to come. S 6erely, • Kent M. Nerbur , Ph. Artistic Director, FIGURA 14`6 I am a sculptor in wood, and the co-founder of FIGURA, a sculpture. studio specializing in large, museum quality sculptures created from single trees. • The enclosed materials will provide you with mpg credentials and background. As the artistic Director of FIGURA I am involved in choosing projects for our studio to undertake. Upon discussion, we feel that the opportunity to create a memorial of and from the Lone Oak Tree, and to site this within the city of Eagan, is a unique and highly exciting project. We would like to explore this possibility with you. We are prepared to offer a short presentation to the City Council or other relevant individuals. At that time we would show you slides of our other works and present you with several rough ideas of how we think the Lone Oak Tree could be turned into an exciting and significant civic memorial. Since the cutting of the tree is imminent, I will contact you on or before the fourth of January to see if you wish tomeetwith us on this matter. If our services are to be engaged, it is imperative that the tree be cut to our specifications and not merely cut into arbitrary lengths. I am convinced that, working together, FIGURA and the city of Eagan could create a memorial from the Lone Oak Tree that would be a source of civic pride and community identity for generations to come. S 6erely, • Kent M. Nerbur , Ph. Artistic Director, FIGURA 14`6 • KENT M. NERBURN 2650 IRVING AVE. B. MINNEAPOLIS, MINN. 55421 (612) 521-1965 TVA Ph.D. (with distinction) 1979 Religion/Theology and Art Graduate Theological Union Berkeley, California Graduate Study 1970 Religious Studies and Humanities Stanford University Palo Alto, California • B.A. (summa cum laude) 1968 American Studies University of Minnesota Minneapolis, Minnesota E Training in vood and antique restoration, Werkstatt Dupont, Marburg, K. Germany, 1970... training in classical woodcarving, Konstantinos Papadakis, Minneapolis, Minnesota, 1971-2 ... sculpture training and M.F.A. work, Uni- versity of California, 19T2-3 ... life draving study with Helmut Schmitt (Oakland, California, 1973-8) and Patrick Hamilton (Florence, Italy, 1976) ...training in sculpture technique, private vorkshop, Pietrasanta, Italy, 1976...anatomW study, University of California department of Medical Anat- omV, 1977 ... private museum study at the Uffizi, Bargello, Museo dell'Opera del Duomo, in Florence, Italy; the Horton Simon Museum in Pasadena, Cal- ifornia; and the Palace of the Legion of Honor in San Francisco, California / Al i 0 EDUCATIONAL AWARDS AND HONORS Elected to Phi Beta Kappa, 1967; B.A. granted summa cum laude, 1968; appointed Danforth Fellow, 1968; selected as resource fellow at Aspen Institute for Humanistic Studies in Aspen, Colorado, summer 1970; chosen to participate in graduate Humanities Special Program at Stanford Univer- sity, 1970; Ph.D. comprehensive examinations passed "with distinction".in 1976; Ph.D. granted "with distinction" in 1979 TEACHING EXPERIENCE Private instruction in sculpture California, Oregon, British Columbia, and Minnesota 1976 -current Instructor, "Me Human Image" Thomas Starr King Unitarian Seminary • Berkeley, California summer 1978 and 1979 Instructor, "Workshop in Sacred Art" Thomas Starr King Unitarian Seminary Berkeley, California winter 1978 Instructor, "Totem, Ikon, and Sacred Image" Thomas Starr King Unitarian Seminary Berkeley, California winter 1976 and 1977 Instructor, "Biblical Character Meditations" Pacific School of Religion Berkeley, California fall 1975 Guest lecturer, '*sticism and Religious Experience" Stanford University Palo Alto, California 1972 Teaching assistant, "Literature of Modern Film and Drama" University of Minnesota General College • Minneapolis, Minnesota 1968 150 SELECTED EXHIBITIONS AND SCULPTURE PLACEMENTS Christ United Methodist Church St. Paul, Minnesota 1983 First Unitarian Society Minneapolis, Minnesota 1983 Hennepin Avenue Methodist Church Minneapolis, Minnesota 1983 Courage Center Minneapolis, Minnesota 1983 Lutheran Brotherhood International Headquarters Minneapolis, Minnesota 1983 • Plymouth Congregational Church Minneapolis, Minnesota 1983 United Theological Seminary Nev Brighton, Minnesota 1982 St. Nicholas Greek Orthodox Retreat Center Clovis, California 1982 Westminster Benedictine Abbey Mission, British Columbia 1980 Pearl Buck Educational Center for the Handicapped Eugene, Oregon 1980 Graduate Theological Union Berkeley, California 1979 • DisDatches REGIONAL The Art ofKentNerburn.- Maldng Less More "I see men but they look like trees walk- ing." Mark 8:24 [`STANDING IN THE 3-D SCULP- ture workshop at the Minneapolis Col- lege of Art and Design is a little like be- ing Alice shrunk to the size of a thumbnail in the gears of a pocketwatch. When things are hopping, you'd betterstandaside. Band saws, electric sanders, drills and grinders buzz and churn up dust. Overhead, the enormous ced- ing fans rumble; the room vibrates like a rail- way car. The outcome of all this bustle is the kind of art that subscribes to Ezra Pound's dictum, "Make it new! "Novelty rules here. A saw wheezes as it chews on the leather shoes someone cuts in half for arrangement in a col -[age. Another machine whines arpeggios as a student slices long planks of wood into blocks of similar size. He fits them into a hive that looks like an endless row of city apartments— one door, two windows, end to end in mathe- matical precision. At the north end of the workshop stands a ten -foot butternut tree trunk. The log and its sculptor, Kent Nerburn, are anachronisms that hark back to the Eeole des Beaux Arts when artists wore smocks, peppered thew shelves with plaster maquettes and coveted blocks of Carrara marble. Nerburn "makes it new" by reviving the old. He practices sub- tractive sculpture in wood and uses the hu- man form as his subject. He's devoted to the often arduous, herculean processof shapinga tree into a human form by cutting thousands of half -dollar -size wood chips from a log near- ly twice his size. Nerburn looks at subtractive sculpture as a "philosophical stance—a shap- ing of the universe by removing the unneces- sary and irrelevant until you arrive at a single clear tonality. It produces an astounding in- terior focus." The college's workshop is one of the few rental spaces in the Twin Cities equipped to accommodate his behemoth tree trunks, which can weigh as much asaton when green. Under 28 -foot ceilings, the figure can stretch to its full height and command a power of �resence socharacteristicin Nerburn's work. He can gain multiple vantage points by walk- ing what amounts to more than half a football field away from the figure. And while Henry Moore notes that a sculptor should know his piece so well he can turn itoverin his hand, the P E R S P E C T I V E S U60 Imm "Judah Lzam" four -ton hoist enables Nerburn to do just that. In Nerburn's aesthetic, size is crucial. Sculpture shares ourspace and mimicsour re- ality. He feels that if a piece is too large or too small, the viewer objectifies it "1 want to cre- ate beings people can meet, confront, and re- spond to." Nerburn, now 36, picked up his fust chisel as a young graduate student in Marburg, West Germany, where he was studying Ger. man for a Stanford University graduate pro- gram in religion and the humanities. Aca- demic theological speculation paled in con- trast to the crude butpowerful madonnasand crucifixes he found in German religious folk art. "This was a time when I was hot-blooded for truth. At Stanford we could talk about the historical precedents for the concept of the idea of God. Not one of us could say' I believe in God' or at least we couldn't say it out loud." Marburg was the quintessential fairy tale city with streets twisting under the patron- age of a hilltop castle. Nerburn even found work in an antique restoration shop just be. low an apothecary once frequented by Martin PHOTOGRAPH COURTESY OF KENT NEREERN j b' �:L, MINNESOTA MONTHLY I MAY 58319 1 � � Join in the Applause! a During the month of May you have the op- portunity to support the arts. 10%5 of your cash purchase at our shops will be contributed to the organization of your choice. Let's support the fine arts community. Come! Celebrate! •a signed receipt will be issued for your tax deduc- tion on purchases over $50.00. i ROOIER PARIS544-5770 1W -1Q %ALEX I)CUL7 ULM 00 J 40U�Ya15ToRt 404 II H4AR�ROUS 545.0113 LOCATED IN BONAVENTURE IN MINNETONKA 0 Luther. This dream-like setting was the site for a kind of conversion experience which led Nerburn to abandon his full scholarship at Stanford to pursue religious sculpture. It all began when he was given a task to sand a 300-year old chest of inlaid wood. Feeling the 'actual grooves of the maker's fingers in the wood gave him a profound reverence for the honesty of hand labor. "For the first dme,"he recalls, "1 understood that knowledge and even spirit could reach across time and be communicated through the hands." Inspired by the craftsmen around him, he picked up a chisel himself one day. Each stroke drove him to the next and he worked, without break until early morning. "1 had spent my whole life lookingat docks and won- dering when it wasgoing to be over. Here was somethingthatcouldn'tever. beover. Ithad to keep going. It was me that had to stop." The initiation at Marburg opened a decade of academic and practical trainingthat makes most other artisticcareerslook predictableby comparison. Nerburn returned to Minneapo- lis for a year as an apprentice to a master wood-carver from whom he learned the ex- acting eraftof ornamental relief work. He as- sisted in completing a 40-foot iconostasis or altar screen used in Greek Orthodox church- es. Although Nerburn was more intrigued by volume than detail, he nonetheless found it a profitable experience and compares it to that ofa musician mastering scales. "1 wanted the craft to be in my hands, not in my mind." Based on his reading about the training of great masters, he supplemented his study of carving and the use of tools with his own Nparming schema of life drawing, modeling Panci anatomy. Nerburn then entered a PTLD. program at the Graduate Theological Union in Berkeley, a program that combined intensive study in art theory, theology and sculpture. In a Berkeley sctilpture seminar, Nerburn soon discovered that his own aesthetic was a dra- matic departure from that of his fellow stu- dents. "I was a profound source of embar- rassment to everyone by saying 1 believed in Truth' and'Beauty' whereas they believed in tearing plywood in half and dropping varnish on it ata certain speed in order to get velocity as a factor of meaning in relation to the ab- straction of a tear. They even tried to protect me because they thought I was so naive." Nerburn, however, continued and deter- mined his own deficiencies as an artist. He found himself at a distinct disadvantage from years of intellectual work; he saw things in outline, not in three-dimensions. He also didn't understand the internal dynamics which gave rise to external movement in the human form. Much to his chagrin, the art de. partment at Berkeley didn't own a skeleton, so Nerburn took his perceptual dilemmas to professor of anatomy at the adjacent medical school. The professor was a Russian immi- grant with an impenetrable sobriety. This melancholy man took him to the dissection kom and Nerburn recalls, "He pulled back e sheet of a cadaver with its head sawed in half and the face removed. He said'If you're going to work with bodies, you have to touch Nertmm: "1 want to tae flings people can meet, ardrentand respond to. " them.' He took my hand and shoved it into the head cavity. I swore nothing I couldn't eat with a fork was ever going to pass my lips again." Though Nerburn was not allowed to do the actual dissecting, he worked alongside the medical students drawing the exposed muscle and bone. In an anteroom, he built muscles with day onto his own plastic model skeleton. Once Nerburn completed his PILD., betook Matisse's advice toyoungstudents upon com- pletion of their studies—he made a longjour- ney by plane. He returned to Europe, this time to Italy, to study the sculptures of the great Italian masters. "Michelangelo stands there like Pablo Casals does for a cellist. You don't have achoice." For months in Florence, Nerburn wandered through the churches and galleries until a particular sculpture arrested his attention. Sometimes he drew the same figure for two weeks at a time. Often he and another American artist hired a model and tried to translate theirsketches into day mod- els. The most haunting sculptures were Midh- elangelo's series of slave figures intended for the tomb of Pope Julius. Awed, Nerburn de- scribed them as "massive spiritual scaffold- ings that strain to contain emotions at once too grand and too grave for expression." During his stay he was tipped off about Pi- etrasanta, a small village of sculptors tucked between the Appenines and the Mediterrane. an. He stepped from the train to a lapis -col- ored sea and mountains of white marble, one of them B Massimo, the great marble moun- tain first quarried by Michelangelo. Even at a distance he could hear the chink of chisels, and, once inside the village, he found someone doing a sculpture in nearly every workshop. Pietrasanta was a quantum leap from his ex- perience in America, where the tradition of subtractive, figurative sculpture is revived only briefly in the deadpan figures used to commemorate parks and libraries. Here it was the lifeblood of the people and Nerburn muses, "1 felt I had died and gone to heaven." In PietrLsanta he studied in a small enclave of sculptors who Nerburn describes as "dedi. cated local communists who believed in shar- ing everything." They took him into the mountains to retrieve a set of hand -forged tools from a retired sculptor and gave him workspace in the open air of the foundry's courtyard. Workdays wereoften punctuated with spontaneous outbursts of song or quick dips into the group's supply of wine. ThoughallofNerburn'sacademicandprac- tical forays have contributed to his work, it is the insightgleaned from his studyof anatomy that distinguishes his work. The strength of Nerburn's work is in his ability to locate the life force which animates inert matter and to release it from the wood. This corresponds to a Celtic legend in which the spiritsof the living at death fly into natural forms and wait for some kind of liberation. Based on Matthew's gospel, his first major piece is a depiction of John the Baptist emerging from adeserthiat. us. The figurealmostseems togasp from both spiritual illumination and uncompromising physical deprivation. Nerburn chose Mat- thew's at- thews account because of its portrayal of John as a man driven by "spiritual militarism and ascetic ruthlessness, a man who pursued his life with a ruthless vigor, whose entire ex- istence was pared to the bone." PHOTOGRAPYHYJ.MICFIAEL FITZGERALD. COURTESY OF THE CATHOLIC BULLETIN ��� MINNESOTA MONTHLY I MAY M831 11 "Joseph the Worker," a commission for a Benedictine abbey in British Columbia, stands dramatically separate in tempera- ment. It has noneof the tensely packed implo- sion of energy. In order to capture the spirit of the Benedictines, Nerburn travelled to Brit. ish Columbia and participated in cloistered life for six months while he made the piece. As before, Nerburn drew on the gospels for inspi- ration. Joseph is an opaque hushed figure be- cause, as Nerburn points out, he never says a word in the gospels. "I wanted him to have the strength of a laborer, a man who works with his hands. Yet I wanted this strength to be cloaked in the protective gentleness of the father." In the process of completing the sculpture, Nerburn himself lived as a silent worker. He rose each morning with the monks at 4:30. After mass and breakfast, he worked alone in a barn until evening. Follow- ing dinner, he perused art books in the mona- stery's library. Because the monks communi- cated primarily through gestures and nods and spoke only when necessary, days passed before Nerburn spokeaword. At times, he re- calls laughingly, he sat and chatted with the monastery's gregarious and responsive dog. Nerburn's most recent sculpture, "The Healing," is the only piece that does draw di- rectly on a specific biblical reference. It grew from experiences he had with the physically disabled while drivinga cab in Minneapolis. It was his desire to heal or make whole that in- spired the massive figure corkscrewing itself outof the wood. "The Healing" is a testament to the human spirit's abilities to shed inade- quacies and rise up out of the ashes of its own defeat The male figure is appropriately tr im- csted; without arms or head, it relies on the power of the torso to convey a robust resur- gence of health and vitality. Nerburn has found his trunksin such varied places as a farmer's field, a loggingoperation, even the Hennepin County tree dump. Once the log is transported and shifted into place, Nerbum begins a long gestation period in which ideas forthe piece formgradually. He is less inclined to impose a pre-existent idea than to look at the material and allow it to make suggestions. The kind of tree dictates the subject matter. Nerburn, as an example, points to the oak which is noted for its strength in myth and tradition. "If you spend any time with a tree, you get a sense of what kind of life it's had. Some trees are dominated by massive natural forces. Others grow more gently. That's in the tree." Often Nerburn sequesters himself in half- light and sketches the forms that emerge. In "The Healing" he initially saw a form resem- bling a torso wrapped upside down in a sheet. A figure comes out of a block, he notes, in the way you encounter a person at a distance emerging from a fog. First, you see move- ment; then a form. After you recognize the form, you begin to realize the character. Ul- timately, "in a period of creative indecision, there's a moment of epiphany." This break- through is followed by a long period where Nerburn clarifies the form with incessant drawing and modeling. Once he begins sculpting, Nerburn uses on - 121 MAY 19931 MINNESOTA MONTHLY ly one or two chisels and a two -pound leather mallet. It's a little like David approaching Go- liath with a slingshot. But limiting the number of tools gives unity to the piece. And so does using his own strength. He's tried pneumatic tools but doesn't use them. The noise and rhythm are impositions that dominate the natural energy flow from the body. "I've got to find my final form with tools driven by my own hands because the human has to touch the human if you're going to make a human form." However, as a method of entry into the log, Nerburn occasionally uses a chain saw for the initial cuts. Other artists, like Henry Moore, have their logs squared and then draw the fig- ure directly onto the surface. Michelangelo, on the other hand, entered blocks of marble spontaneously and began punching out the details of the form. Nerburn begins by cutting the major arcs or what he calls the architec- tural scaffoldings of the piece. If apparent, he wain also cut the spine, the main locus of ener- gy and movement and then hang the body on it. In fact, his sculpture is based on lines and arcs. Sketching them with a chain saw allows him to work in his drawing stroke or what he calls a kind of "Walt Disney Zen." It has the immediacy and rhythm that comes with a sin- gle swing of the arm. But he pays a price. "By cutting with a chain saw you take away your psychic relationship to the material and your investment is less than it was." Nerburn never underestimates his self -in- vestment in the piece. Thereisadramatiemo- ment he waits for with every piece when the figure suddenly takes on a life of its own. But the change is reciprocated. "In my experi- ence, every time I've done a piece, the piece has done me.1've become what it is I make." It has taken Nerburn anywhere from six months to two years to complete a sculpture. Until the final step when the figure is sanded, oiled or buffed with a layer of paste wax, Ner- burn works with a degree of prudence few other artists need ever realize in their work. When Michelangelo observed that subtrac- tive sculptors work with death over their shoulders he was talking about the finality of each chisel stroke. Each tut is irrevocable. There are other obstacles, too, such as a whole series of optical illusions. A common one is that the piece seems to grow larger as the figure emerges and as more is cut away. This is what Michelangelo referred to in oneof his poems when he said that he sculpts "until the less becomes the more." Also, the unpre- dictability of the wood can pose problems. Sometimes at an 'important juncture in the piece, Nerburn encounters a knot. These im- penetrable vortices can rarely be anticipated and require ingenuity to work into the piece. And since the tree continues to exert tremen- dous pressure even after it's been cut, it will contract and swell with changes in climate. Checks or splits in the wood are common. but badly checked areas are difficult to incorpor- ate into the overall effect of the piece. Once the piece is completed, its size and con- tent defy the exhibition space afforded by most galleries. To supplement his income, Nerburn hascompleted smaller commissions, i54 driven a cab, done free-lance editing, and taught at the Unitarian seminary in Berkeley. He often temporarily houses his sculpture in public places until the right person "claims" it. He theorizes that his sculptures "are like children. After they are born they take on a' life of their own. Eventually they make their own way." "John the Baptist" is a good ex- ample. The Graduate Theological Union at Berkeley intended to buy the sculpture for their new library, the last building designed by Louis Kahn before his death. When other priorities intervened, a Greek Orthodox priest, enamored with the figure, contacted Nerburn about placing it as a centerpiece fora new retreat center in California "The sculp- ture had claimed him and, in doing so, he had claimed it. It was his from that day forward. Arranging payment was in some sense only incidental." Nerburn sums it up when he says he is nota coffee table artist—the pieces are public not private. And because they are public, accessi- bility is important. Too much of contempo- rary art, he feels, speaks only to other artists or a select group of initiates. Where much of contemporary art is conceptual, ironic, or anxious, Nerburn's figures are sincere, a quality considered suspect if not downright fade. "It's hard to act from the heart in America It's hard not to work behind a series of masks. I'm not interested in glorifying the masks. "Thus, oneof the comments he values mosthighlycame from thedriverofa propane truck who stopped while he was working on "John the Baptist" outdoors in a California lumberyard. Having spent a little time wit the piece, thedriver remarked, "I don't k what art is but at least that ain't bullshit." Nerburn notes, "I want to teach peoplespirit- ually, not sculpturally. 1 want them to say 'That tells the truth about something that's very important to me that 1 don't talk to peo- ple about.' " Telling the truth means mitigating the wholesale importationof stylesand themes in art by giving greater credence to regional ex- perience. For Nerburn this means"plumbing the spiritof aplace, experiencing the land, the people and the forces that form us." Nerburn points to artists like Faulkner, Michelangelo and Joyce who, far from being provincial or parochial, made enduring statements about the human situation by focusingon the imme- diate and the particular. For Nerburn the immediate and the parti- cular are the trees he grew up under in his na- tive Minneapolis. Each time he does a piece, he attests to the peculiar vitality Americans inherit as a result of their experience of place. In America it is still possible to stand in un- claimed wilderness. But in Europe, Nerburn notes, to stand in nature is to standon history. In contemplating his work, Nerburn con- cludes as does Fitzgerald's Nick Carroway, who gazing at Gatsby's house across the bay, remarks, "For a transitory moment ma must have held his breath in the presence this continent.... face to face for the last time in history with something commensurate to his capacity for wonder." —AdalheidFiscker Agenda Information Packet January 17, 1984 City Council Meeting • Page Twenty -Six • EAGANDALE CENTER/PARKS DEDICATION H. Eagandale Center/Parks Dedication -- Since the City adopted a policy regarding parkland dedication requirements for industrial property, a concern was raised by Northwestern Mutual Life Insurance Company as to whether cash dedication requirements will be payable on property that is already platted. Northwestern Mutual Life Insurance Company is asking the City to consider a land contribution in lieu of a cash donation for property that is platted and more specifically, the location of that dedication would be adjacent to LeMay Lake. The City staff, both Director of Parks and Recreation and City Administrator, have prepared a letter regarding the parkland dedication which seems appropriate for the City of Eagan. A copy of that letter and a map showing the parkland dedication is enclosed on 'pages I Sl through 1$19 for review. If the procedure outlined for platted property and unplatted property is acceptable to the City Council, this letter will be formalized and an agreement will be pursued with Northwestern Mutual Life Insurance Company as well as the precedents used for future parkland dedication as it relates to industrial property. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the parkland dedication agreement as outlined to Northwestern Mutual Life Insurance Company in the draft letter. 155-- -6- y S._ r ,41). •MR. TOM DAVIS NORTHWESTERN MUTUAL LIFE INSURANCE CO EDINA, MN. RE: EAGANDALE CENTER; PARKS DEDICATION Dear Mr. Davis: The purpose of this letter is to outline what the City believes is the understanding regarding the settlement of the parks dedication require- ments in the Eagandale Center Industrial Park. The recently replated Eagandale Office Park should be subject to the cash dedication requirement, which has previously been calculated. Those cash dedication requirements will be payable at time of the issuance of the building permits for each platted parcel. Existing platted property, and property which is now platted into lots and blocks which may subsequently be replatted in the future, will have its dedica- 0 tion requirements filled by a land contribution. This land dedication is to be along the south and east shore of LaMay Lake, which is approxi- mately 3.5 (plus or minus) acres. The City of Eagan will work with Eagandale regarding the exact property boundaries to coincide with park needs and your desires to maintain a saleable parcel. However, the objec- tive of the parks system is to provide a continuous park dedication along the shoreline. Enclosed is a concept diagram which shows an outline of the proposed land dedication. The City is willing to defer the exact location of this land dedication until the surrounding area has been planned in detail; or at your discretion will proceed with the acquisition. Property which is not now platted will be subject to the City's parks dedication requirements. Such dedications may take the form of a land dedication at yours and the City's discretion. Such land must meet yours •'-and the City's objectives as well as the area park needs to become an acceptable parcel. !S6 PAGE TWO. • Tom, the City has not attempted to equate the value of the land dedica- • \J tion with the parks dedication requirements formula as it relates specifi- cally to the LaMay Lake dedication. The City's position is that the land to be dedicated around LaMay Lake is sufficiently significant to resolve the parks dedication requirement; demonstrating a value to the eventual parks development and the use of LaMay Lake. We believe that this outline represents what you have previously dis- cussed with the City and trust that you will find this an acceptable agreement. Sincerely, Thomas Hedges City Administrator Ken Vraa Director of Parks and Recreation TH/KV/js I5? 0 E • /51 NO SCALE n rt W J 0 J W 11 /51 NO SCALE Agenda Information Packet January 17, 1984 City Council Meeting is Page Twenty -Seven • • PARK DEDICATION FEES I. 1984 Park Dedication Fees -- The Advisory Parks & Recreation Commission has been reviewing the park dedication fees presently charged by the City. It is their recommendation that the City in- crease its parks dedication fees by 58 to a base of $10,500 per acre to be effective January 1, 1984. This formula applied to housing types equals $420 per single family unit, $348 per townhouse unit and $265 per apartment unit. For further information on this item, please refer to a memorandum from the Director of Parks and Recreation and attachments enclosed on pages 160 through The last adjustment in parks dedication fees was made in January of 1982. It is the feeling of the Advisory Parks and Recreation Commission that an adjustment is necessary at this time so that the City can stay abreast of increases in land value. ACTION TO HE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the Advisory Parks & Recreation Comission for an in- crease in parks dedication fees to be effective January 1, 1984. /sy ma4b To: • •'•: 1• •• AND c= comal, TOM HEDGES, CITY AMMISTRATUR RE: PARKS AND RECREATION ADVISORY OCKUSSION'S RECCM� • •! t. DEDICATION 71 Background: At the regular meeting of the Advisory Parks and Recreation Co mission U 0 d of 1983, the Camlission reviewed the parks dedication fee formula for modification. This reviewal is an annual process by the Crnmission to insure that its parks dedication formula and the subsequent fees charged are current and up to date. The last increase in parks dedication fees was instituted in January of 1982 following the reoammendation of the Advisory Cmmission to the City Council. At that time, the formula for figuring of parks dedication fees was raised to $10,000 per acre which yielded dedication fees of $400 per single family unit, $332 per townhouse unit, and $252 for apartment,units. At the annual review of parks dedications and fees in August of 1982, the Advisory Caumission recommended that no changes be made. At that time, the Camuissioi felt that there were not significant increases in land values which would warrant an increase in the parks dedication formula. 1983 Annual Review: At the October meeting of the Advisory Parks and Recreation • Con icvfission, the Commission reviewed the necessity for modifying the parks dedica- tu formula for 1984. Attached to this mmw is the staff report prepared for the Advisory Commission and the minutes of that meeting relative to this subject item. • It was the finding of the Advisory Parks and Recreation Commission that there has been relatively small changes in land values within the last year. however, it was the feeling of the Commission that the City must keep in mini that these undoubtedly has been an inflationary increase in land values during the 1982-83 time period, and that it be essential that the City stay abreast of these costs. Crnmission's Reconuendation: The Advisory Parks and Recreation Connission has recam coded to the City Council that it increase its parks dedication fees for- mula of 5% to a base of $10,500 per acre effective on January 1, 1984. This formula applied to housing types yields $420 per single family unit, $348 per townhouse unit and $265 for apartment units. Action Requested: The Advisory Parks and Recreation Commission has requested the City Co nc11 to act on its recommendation for adjustment to its parks dedication fee effective January 1984. MW October 1983 MENU TO: ADVISORY PARKS AND RECREATION COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS AND.RECREATION RE: ANNUAL REVIEW - PARKS DEDICATION FEE Background: The Advisory.Parks and Recreation Commission has annually re- viewed the parks dedication fee formula for modification. At the September meeting staff was again asked to prepare this years update for Commission review. The last increase in the parks cash dedication was in 1981. Dedication fees went into effect on 1-1-82 were as follows: $400 per single family unit, $332 per townhouse unit, $252 for apartment units. The approved cash dedication requirement was based on a formula with per acre cost of raw land valued at $10,000. Previously, the parks dedication formula was based on a $7,500 figure per acre. Recent Sales: In the past, the Parks and Recreation Commission reviewed recent land sales to assist them in determining the "average" per acre cost and the resulting impact of dwelling units. This year, staff again talked with Mr. John Hankinson of the Sienna Corporation regarding recent sales. Mr. Hankinson volunteered that land sales are affected by many variables; zoning, location, availability of trunk utility lines. He also noted that with the rapid increase in development costs within the last two years, the value of land has been held somewhat constant as developers try to keep home sites within a marketable range. Land sales reported by Mr. Hankinson are as follows: Northview Meadows Development, 42 acres - $10,476 per acre. Sheffield Development, 11 acres - R-2 zoning - $11,454 per acre. Oakwood Heights, 9.6 acres zoned multiple - $15,500 per acre. Oakwood Heights 2nd and 3rd additions, 18.7 acres R-2 - $13,837 per acre. Mr. Hankinson also provided the following information. The Park Ridge sold for $12,000 an acre to Ruscon Home for small single family lots. There are several large land parcels which are being offered for sale within the community and the adjacent area. One parcel of 63 acres is being offered for sale at $5,900 an acre, a second parcel consists of 61 acres and it is being offered for $6,200 an acre. Another parcel 57 acres in size is being offered at $6,900 an acres. These areas are largely unserviced by trunk utility lines. Mr. Hankinson commented that in addition to development costs the determi- nation of land sales is the type and number of living units that can be placed on the parcel. A recent telephone contact with several other communities regarding changes in cash dedication was made. The City of Lakeville has no plans to increase its cash dedication requirements. Eden Prairie's current unit price is $325 for a single family, and $250 for all other units, they plan to re- view their fees in early 1984 but they do.not anticipate a change to be 161 effective in 1984. The City of Maple Grove's dedication formula is based upon an appraised cash value of the parcel and consequently cash dedication requirements can vary on the parcel from year to year based on the appraised value. The City of Plymouth had raised its 1983 rate from $390 to $400 per single unit, effective on January of this year. Staff Comments: The last time dedication fees were increased in 1982, it was obvious that the fee charge was low and an increase was clearly needed. That distinction from what is being charged to what it should be has dissapated greatly. The diversity of land sale prices and zoning of those parcels in comparison with the current City cash land value formula makes it difficult to evaluate. Other communities appear to be holding to their most recentdedication unit charge with only a slight movement noted in the City of Plymouth. Consequently, it appears that Eagan's cash dedica- tion formula still remains in the upper one third of the rates being charged by metropolitan communities. Only slight movement of land values appears to'be evident. Sale prices are apparently being held down by development costs and'the number of units permitted per acre. With compari- son difficult and without significant number of noticeable increases in the cost of land for single family homes, should the Advisory Commission make a recommendation regarding an increase in fees for 1984, it would appear the charge would be minor. On the following graph, the existing land formula has been applied to different land values to obtain unit cash dedication requirements. C. Housing Type Unit Per Acre Unit Cost For Acre At: 9,000 9,500 10,000 10,500 Single Family 3.5 $360 $380 $400 $420 Townhouse 6 $299 $316 $332 $348 Apartment 12-15 $226 $239 $252 $265 The Advisory Commission upon review of the information presented, should determine if a change in the dedication fee is warranted, and the amount of any change. -2- 16;L Minutes - October 15, 1983 Page 3 NEW BUSINESS Annual Review Parks Dedication Fees The Director of Parks and Recreation indicated that an annual review of park dedication fee has been requested by the Advisory Commission in the fall of each year for recommendation to the City Council consideration. Changes are then enacted on January 1st. He further explained to new members of the Advisory Commission the formula which had been used in the past and the methodology for computation of those fees and the history of the rate changes. He explained that it would be'up to the Advisory Commission to review the formula and rate involved and make a recommendation if it appears there is a necessity for a fee increase. Commission member Masin indicated that from the information provided, it appears fees are in line as there have not been significant changes within the last year. Commission member Jackson stated that he did not see the need to make a change at this time. Chairman Martin indicated that while it was important to review information carefully, it was also important for the Commission to keep in mind that the City must pay for its parks, at least in part, through the dedication process. He stated he felt that the Commission has an obligation to insure that the developers do not get an artificial break in paying lower cash dedication fees versus normal acreage dedication requirements. Commission member Kubik stated that'he was in total agreement with the chairman. The value of land will increase with new roads and development and it is essential that the City stay abreast of these costs. He went on to say that the Commission should be leery of letting too many years lapse between adjustments, then try to get a large adjustment to try and catch up as has been done in the past. He concluded saying the Commission should work to keep abreast of inflation and land value changes. Members of the Commission reviewed land values and inflation change. Chairman Martin discussed various aspects associated with land costs. Members commented that, if forced to buy land in areas of development it would probably cost higher than the current formula. Members agreed that it was important to stay consistent with inflationary land values on a year to year basis. Commission member Thurston reminded the Commission that the developers would probably not give the City a break on the purchase of the land therefore, the City should try to'insure the formula reflect current value increases. Commission member Martin indicated that it was his opinion the fees should be increased slightly, as the Commission has held fast on the parks dedication fee for the past two years with no increase during that time period. Further, he indicated with the rapid rate of growth, the fast pace of residential development, he did not want to see a rapid escalation of land values during the ensuing year, and require the City to play catch up next fall. After additional discussion and on a motion by member Kubik, seconded by Martin, with all members voting in favor, it was the recommendation of the Advisory Parks and Recreation Commission to the City Council to increase the parks dedication formula to 510,500 per acre effective January 1, 1984. Members commented that this 'was consistent with inflationary factors during the last year for land and park development costs. Kehne House The Director of Parks and Recreation briefly reviewed the status of the Kehne 163 Agenda Information Packet January 17, 1984 City Council Meeting • Page Twenty -Eight MnDOT PLANS 8 SPECS/I-35E, CLIFF TO LONE OAK J. Consideration of MnDOT Plans and Specifications (I -35E, Cliff Road to Lone Oak Road) -- Detailed plans and specifications have been prepared by MnDOT for the progression of I -35E from the inter- change with Cliff Road presently under construction to the inter- change of Lone Oak Road which was recently completed. These de- tailed plans and specifications take into consideration the required utility crossings and frontage road necessitated by this interstate construction through the City. These plans and specifications have been reviewed in detail by the Public Works Director and found to incorporate all City improvements necessitated by this interstate construction. This project is scheduled to go out for bids on February 24 with a contract award anticipated for April 1. Comple- tion of this segment is anticipated for November of 1985. These plans provide for the interchange with County Road 30, the Deerwood Drive Overpass, the interchange with Pilot Knob Road and Yankee Doodle Road and the construction of a bypass for Pilot Knob Road similar to Cliff Road. The Public Works Director will be available to answer any detailed questions the Council may have pertaining to this plan review and approval as requested. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve, modify or deny detailed plans and specifications for S.P. 1982 -65,68,100(I -35E from Cliff Road to Lone Oak Road) -and, if approved, authorize the Mayor and City Clerk to execute all related documents. C� 164 Agenda Information Packet January 17, 1984 City Council Meeting • Page Twenty -Nine BOOSTER STATION & RESERVOIR LAND ACQUISITION K. Consideration of Land Acquisition from Lexington South, Inc., - Water Booster Station & Reservoir -- Enclosed on page /b6 is a copy of the City's trunk water distribution system which desig- nates a future 6 m.g. ground water reservoir with a major booster station to be located on the new alignment of Lexington Avenue just north of County Road 30. This booster station is necessary to pro- vide additional service to the high pressure zone (shaded area). While the recent construction of the 4 m.g. Safari Reservoir pro- vided the additional storage and pressure backup for the high pres- sure system, with the existing and anticipated continuous growth within this high pressure system within the near future, combined with the fact that it presently is serviced -by a single trunk water main along Pilot Knob Road, it is anticipated that this future booster station will have to be constructed within the next 2-4 years if the City is to maintain continuous uninterupted water ser- vice to this high pressure zone during peak periods (summer, sprink- ling, etc.). In our discussions with the current property owner, Lexington South, Inc. (Mr. Jim Curry), it is apparent that he will be disposing of the majority of his land holdings within this future acquisition site within the next 12 months. Therefore, the staff • has investigated the feasibility of purchasing this future reservoir and booster station site at the present time so that future develop- ment can take into consideration .the location of the site. Mr. Curry has submitted a purchase agreement to the City along with an appraisal that was performed on the property. This appraisal values this land at its proposed zoning of R-4 at $22,000 per acre. The City will have to acquire approximately 1.5 acres to accommodate this future booster station/reservoir. Enclosed on page JAZ is a sketch site plan showing the property to be acquired. Based on the acreage and the value of the land, Mr. Curry is requesting $33,000 for the City to acquire this site. In reviewing our water distribution system with Bob Rosene, consulting engineer, and Joe Connolly, superintendent of utilities, the Public Works Director is recommending that the City favorably consider the acquisition of this parcel. Enclosed on page 14� is a copy of the purchase agreement as prepared by Mr. Curry for Council consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve, modify or deny the purchase agreement for the acquisition of 1.5 acres of land in the northwest of new Lexington Avenue and Diffley Road. If ap- proved, to authorize the Mayor and City Clerk to execute all related documents. • 165 Agenda Information Packet January 17, 1984 City Council Meeting is Page Thirty CONTRACT 83-2/ACCEPTANCE L. Contract 83-2, Final Payment/Acceptance (Northview Meadows Trunk Utilities) -- At the December 20 Council meeting, a request for final payment was processed for contract 83-2 for the installation of trunk water and sanitary sewer along County Road 30 and South Wescott Hills Drive. However, there was concern by the Council pertaining to an unresolved. claim for $1,080.36 from Mr. George Trapp for damage that occurred to his haybine pole as a result of the construction activity associated in the vicinity of the North - view Meadows subdivision. The Council approved all payment to the contractor with the exception that a sufficient amount be withheld until this claim could be resolved. Due to the fact that the City was not informed of this potential claim until the middle of Novem- ber, staff did not have an opportunity to investigate the damage or the circumstances surrounding it. Subsequently, the project engineer, Mr. Jerry Bourdon, had to talk with all involved parties to try to determine responsibility. Enclosed on pages 170 and 1'11 is a letter from Mr. Bourdon to the Director of Public Works' attention indicating Mr. Bourdon's feelings that the City's contrac- tor under Contract 83-2..cannot be determined to be liable for this damage. In addition, the contractor feels very strongly that he • should not be held responsible for damages that he did not incur under his contract. Therefore, the Public Works Director is recommending that this retainage previously withheld at the December 20 Council meeting be released and final payment to the contractor in its entirety and the contract closed out. ACTION FOR COUNCIL CONSIDERATION: Approve/deny the final pay request for Contract 83-2 to Austin P. Keller Contruction in the amount of $1,080.36. • LEGEND CITY OF EAGAN Existing Trunk Water Mein O Point Designations —�— Proposed Trunk Water Main -- Pressure Zone Boundary Water Distribution System Existing Lateral Water Main --4— Existing Pressure Reducing Station --- Pronnenrt I alarat Warar IAnln Prnnnonrl Drne mourn Dnrinrinn Qf. firm —.011101.1 Boneslroo. Rosenc Rntle,Iik h A,r _ A' V&- — C I NE A 33 IAJ V) kk � '►Z O i I I I .�, a , N o .3 �.oM� IQ 10, 1966/ J -Pr- = 4.5/3 ACR66 NEr �2- \�r,0M ' 69.00 `. I SO °/� iC F 488. 4t7 i g �j � o - r = 5• ao3 "SES ,ver W00, X11 1 , •knS l(i COFNF� OF — — -- — /'Olin' OF BEL/NNl-V!i 01CSFC•21 rw0 :. AIO'12'52-W 500 40 - PURCHASE AGREEMENT ......Minneapa1A8v..................Minn., ...January.... 5............................ 1984... Vesting OF.City..o.f..FB;;"ti.TinneaQta......................................................................................................... rhe sum of .... Tvo,Thousand..Do.)..5.........................................................................(5.2.,OQQ.00......) DOLLARS .........................................................as earnest money and in part payment for the purchase of property at (Check. Cnh at Note — Stat. W bich) ....... Lexington..Av.enue.,..Uuan.,..141nneD.ota................................................................................ situated in the County of .... Dakota............................ State of Minnesota, and legally described as follows, to -wit: approximately 1.5 acres of land situated just vest of new Lexington Ave., Eagan, Mn. and outlined in red on the attached Exhibit A. Survey will accurately describe size and legal description of parcel. Price shall remain $33,000.00 in any case. shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighrjnr s, pumbmg fixtures, hot water tanks and heating plant (with any burners, tank cr equipment used in connection there- with), water softener and liquid gas tank t e property of seller), sump pump, television antenna, inciner- ator, built-in dish ' isposal, ovens, cook top stoves and central air conditioning equipment, if any, used and Seller shall supply survey and legal description of property. all of which property the undersigned has this day sold to the buyer for the sum of: Thirty..Three,.Thou.Band..and..nQ/1QO................................................................(S33#00.QX0....) DOLLARS, which the buyer agrees to pay in the following manner: Earnest money herein paid $ 2,QQQ..00...... and $31.,.Q00.0.0.., ash, on February. .l5,..19.84...... the date of closing. • Subject to performance by the buyer the seller agrees to execute and deliver a...........................................................................Warranty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, Stare and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective foffeiture provision. (e) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and drainage easements which do not interfere with present improvements. (e) Rights of tenants as follows: (unless specified, not subject to,je�ciancies) The buyer shall pay the real estate taxes due in the year 19ts4 . ynd any unpaid inyral)mene}}q(s}pecial assessments payable therewith and thereafter. Seller warrants that real estate uses due in the year 19 ------ will be PeId... in.. ).tali .................... homestead classification Non Homestead (full, partial or non•homesicad—state which) The seller further agrees to deliver possession not later than ..date ... of...Closing.............. provided that all conditions of this agreement have been complied with. Unless otherwise specified this sale shall be closed on or before 60 days from the date hereof. In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agtmment shall become null and void, at the purchaur's option, and all monies paid hereunder shall be refunded to him. f ............. ....... The seller shall, within a reuonablc time after approval of this agreement, furnish an abstract of tide, or a Registered Property eta certified to date to include proper searches covering bankruptcies, and State and Federal judgments and liens. The buyer shall be a owed 10 days alter receipt thereof for examination of said tide and the making of any objections thereto• uid objrniom to be made in writing or deemed to be waived. If any objections are so made the seller shall be allowed 130 days to make such tide marketable. Pending correction of title the payments hereunder required shall be postponed. but upon corrmion of title and within 10 days after written notice to the buyer• the panic shall perform this agreement according to its terms. If said otic is not mat' etable and is not made so within 120 days from the date of . cinen objenions nccrem as above provided, this Agreement shall be null and void• and neither principal shall be liable in. damaats heseundet to the other principal. All money shemolore paid by the buyer shall be refunded. If the lisle to sa;d property be found mar:.cublc or be so made within said time. and said buyer shall default in any o! the agreements and continue in default for a period of 10 daps, then and in that gave the wlier may icimimre this contra" and en such tc:mination all the paymcnu made upon this cumra" shall be icumed by said sell-, and said aprnc, as their r"penive interests may appear. as liquidated damages. time being of the nwricc hereof. chis provision shall not d-prive either rany of she tight of cnfordnq the specific performance of his contract provided such contract shall not be te:minared as aforesaid• and ptosided anion to enforce such specific pcdormanee sha!I be commenced within six months after such right of anion shall zrise. It is understood and Agreed that this sale is made subject to the approva! by the own -r of said premises in writing and that the under' signed scent is in no manner lubl- or rnponsiblc on account of this acrecmcot, except to inure, or account for the caroest money paid under this come -- The delivery of all papers and monics shall be made At the o5" of:...............'...'....'............................................. .... . LexiegtQn...South,..,Tn.C, e .......................... ............................................................................-..... 481'7 Upper Terrace, Edina, Nm. 55435 sy.._None....--- .................................... ....... ... ...... .... Arcot 1, the undcrsicntd, ow net of the abme 4nd, do hereby apptmx she abosr agement and the sale thereby made- 1 hereby actre to puchaw she said property for the price and upon the terms above mcmmnrd, and m )m to all conditions herein repressed. .......Lez.jngton..Sauth, Inc. Seller ' .. ..... Seller SEAL) C.Ity...or..Eagarla... innesota.._......_............. (sial) Duyef ... _By ........................................ ................... nuser 161; &. P..t A4..& 55113 Plw.. 612-636-4600 January 5, 1984 City of Eagan 3795 Pilot Knob Road Eagan, Mn. 55122 Attn: Mr. Tom Colbert • Re: Northview Meadows Trunk Improvement Project Contract No. 83-02, Project No. 365 File No. 49261 Dear Tom, pro G. R� AE Rahn W. Rave. P.E. J.." C. Aldl 1k P.E. badfa A. Le bM. P.E. Rkaend E. T.. P.E. /awe C Obm P.E. Ga R. Caok P.L Rebl A. Goals.. P.E Tka..a E Hai¢ P.E Rkled W. Face. P.E Rohm G. schen . P.E MW d. L. Se . P.L D&a W C. ftWAft. P.E. /eq A. Ravdaa PX Mart A. Hwa. P.L red R. Aft PF Mk T. Rrnwaa. P.E R.6W R. Pfc%, M PA D dd Lmkl P.L Cleat A. E Or L. M. Po.dtQ N.M. M. CIO. I am returning herewith the documents you gave me to review relative to George Trapp's damage claim. Also enclosed is a letter I received from Keller Con- struction which denies responsibility for the claim. I have found it impossible t0 verify the details of the claim. These situa- • tions are usually difficult to resolve but this one was further complicated by the City's late receipt of claim notification. Had we received prompt notifi- cation, we may have been able to resolve the matter by documenting the damage and the relevant circumstances that prevailed at the time (particularly the tire print). I have had several conversations with Austin Keller concerning this. Also, on December 19, I spoke with Bob Chilson of Central Landscape and George Trapp. Both seemed straight and honest with me, however, no new facts or information resulted and no resolution was reached. Under the circumstances, I recommended to Rich that the City process the full final payment to the contractor as we submitted it. My recommendation was based upon concern that the facts and circumstances as I knew them were insuf- ficient for the City to judge the contractor responsible. I realize that Mr. Trapp's rights must also be protected and it was for that reason we made extra attempts to investigate the matter. In addition to this, we initially told the contractor that this matter must be resolved to Trapp's satisfaction or we would not process the final. We eventually agreed to process the final after I was convinced that Austin Keller made personal attempts to resolve the issue and after I received the contractor's denial that he caused the claimed dam- age. The Council was understandably concerned that a resident was being treated unfairly by a contractor operating under a public works contract and that the claim could be directed toward the City in litigation. So to protect • Page 1. 87746 City of Eagan • Eagan, Mn. Re: File No. 49261 January -5, 1984 themselves they ordered the value of the claim be withheld from the final pay- ment. I talked to Austin Keller today. From this discussion, it is my belief that he will pay the claim with money he has withheld from payments due Central Landscape. However, I have no firm commitment from him that this will be done. Regardless of this, I still feel that I do not have adequate cause to change my recommendation concerning full final payment because I cannot sub- stantiate either side's claims. Furthermore, it is my understanding that the contracts "hold harmless" clause should protect the City from having to defend against such a claim. However, you may wish to get Paul Hauge's opinion on this since my opinion is from a contract administration viewpoint and this.may require a legal opinion.. If you have any questions or suggestions, please call me. Yours very truly, BONESTR00, ROSENE, ANDERLIK b ASSOCIATES, INC. Jerry A. Bourdon JAB:li cc: Robert W. Rosene • 8774b Page 2. Agenda Information Packet • January 17, 1984 City Council Meeting Page Thirty -One FEASIBILITY REPORT/COACHMAN ROAD/FOUR OAKS ROAD M. Review Request/Authorize Feasibility Report (Coachman Road/ Four Oaks Road - Streets) -- With the recent development of the Coachman Land Company 1st and 2nd Additions, Coachman Oaks Apartments/Condominiums, Coachman Highlands Townhouse Development and the pending Country Glen Condominiums, the need becomes more apparent for the upgrading of Coachman Road and Four Oaks Road from Yankee Doodle Road to Trunk Highway 13 to its ultimate design standard as a collector street to handle the traffic volumes generated from these multiple -density developments. The improvement of Coachman Road was a condition of final plat approval for the Coachman Highlands subdivision. As these high- density developments are completed and transferred into a condo- minium -type ownership, future public hearings on assessments will become more involved as more individual property owners will become financially responsible due to the fact that escrows were not required or obtained. Therefore, the Public Works Director is requesting that the Council authorize the preparation of a feasibility report for the upgrading of these streets to its ultimate design section with trails so that the appropriate public hearing can be held and the disposition of this construction • work formally resolved. ACTION TO BE CONSIDERED ON THIS ITEM: Authorize the preparation of a feasibility report for Project 348 (Four Oaks Road and Coachman Road - Streets). CONTRACT 84-1/TRUNK HIGHWAY 55/LONE OAK ROAD N. Contract 84-1, Approve Plans and Specifications/Authorize Ad for Bids (Trunk Highway 55/Lone Oak Road - Trunk Watermain) -- On November 15, 1983, a public hearing was held pertaining to the installation of trunk watermain along the west side of Trunk Highway 55/149 from Brown Tank to Apollo Road extended. Subsequently, detailed clans and specifications were ordered for preparation. This work has now been completed and the plans are being presented to the Council for their review and approval. Because of the pending improvements of Trunk Highway 55/149 and its intersection with Lone Oak Road, it is imperative that this work be completed prior to June 1, 1984. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 84-1 and authorize advertisement for bid opening to be held at 10:30 A.M. on Thursday, February 16, 1984. • s/Thomas L. Hedges City Administrator )7Z MEMO TO:. HONORABLE MAYOR & CITY COUNCILMEMBERS • FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 16, 1984 SUBJECT: INFORMATIVE The following items are intended to be informative and require no formal action on the part of the City Council. JOINT CABLE COMMISSION UPDATE The Joint Burnsville/Eagan Cable Commission has held three (3) regular meetings with the last meeting being held Thursday, January 12, 1984, in the Burnsville City Hall. Minutes for the November and December meetings are enclosed on pages 17S through I'? for your reference. As soon as minutes are approvedyb the Cable Commission, copies will be sent out to provide an update for the City Council. Also, periodically City Councilmember Smith or the City Administrator will provide a brief update of any action that might be pertinent or important as information for the City Council. ASSOCIATION FOR RETARDED CITIZENS/DAKOTA COUNTY Enclosed on page 1 "6 is a copy of a letter recently sent • to Mayor Blomquist, t anking the City Council for financial support of ARC, the Association for Retarded Citizens/Dakota County. BUILDING PERMIT REPORT The December Building Permit Report is enclosed on pages (1195'through �The number of permits totaled 983- for t e year and tt rate of applications in January 1984 is greater than January of 1983. JOINT AIRPORT ZONING BOARD Enclosed on pages 1�6 through %ted$ is a copy of minutes of the January 5, 1984, Joint Airport Zoning Board meeting. Please note that the second Joint Zoning Board public hearing is scheduled for this coming Wednesday, January 18. Since the entire City Council was present at the first Joint Zoning Board public hearing held at the Eagan Library for this area, itis not necessary to attend this meeting. City Councilmember Egan and City Planner Runkle will be present as members of the Joint Airport Zoning Board. HOME MORTGAGE PROGRAM • The first-time home buyers' program that was approved by the City of Eagan in conjunction with the construction of senior /-73 E citizen housing in West St. Paul is now by the Dakota County HRA. Attached that is available at the City Hall for All questions and administration of the the HRA office in Rosemount. City Administrator • • 171} being actively administered is a copy of a brochure distribution to the public. program is handled through UNAPPROVED MINUTES OF BURNSVILLE/EAGAN CABLE COMMUNICATIONS COMMISSION C -S• Thursday, November 17, 1983 Burnsville City Hall, 7:30 p.m. I. CALL TO ORDER "The Commission was called to order at 7:35 p.m. by Jim Spore, City Administrator of Burnsville. - II. ROLL CALL Members Present: Tom Hedges, Eagan Jim Spore, Burnsville Paul Wood, Burnsville Jim Smith, Eagan Ron Voracek, Eagan Betsy Tierce, Burnsville Stewart Gibson, Eagan Rogert J. Cooper, Eagan James Glish, Burnsville Robert D.'Johnson, Burnsville M. Susan Aeziman, Burnsville Members Absent: i Richard Bertz, Eagan Consultants Present: Mark J. Ayotte, Stern, Irvine, Schwartz, Lifson, Creighton & Bunin, P.A. III. ADDITIONS TO AGENDA Jim Spore, the acting Chair of the newly formed Commission, recommended the following additions to the agenda: 1) Retention of legal consultant -- Thomas D: Creighton of Stern, Levine, Schwartz, Lifson, Creighton 6 Bunin. 2) Request of Group W's $30,000 access grant. 17�;- IV. NOMDVATION AND ELECTION OF OFFICERS The Commission discussed the alteration of the office of Chair between the cities of Burnsville and Fagan. It was agreed that as Paul Wood, Burnsville, had been Chair of the previous Commission, the city of Eagan would be entitled to this office for the first term of the newly formed Commission. Nominations were opened for the offices of Chair, Vice Chair, and Secretary/Treasurer. Motion 11.17.1 - Approved -Unanimously. Nomination of Jim Smith for the office o Chair. by Voracek; Second by Gibson. Motion 11.17.2 - Approved -Unanimously. Nomination of Paul Wood, for the office o Vice e�air.Motion by Johnson, Second by Glish. Motion 11.17.3 - Approved.; -Unanimously. Ron Voracek was nominated for the office o�etary/Treasurer. Motion by Cooper, Second by Johnson. The Commission discussed and it was agreed that the office wrn ld remain as one. A) Time -Day -Hour of Meeti S. It was agreed that the Commission would meet on the recon •Thursday o eac month at 7:00 p.m. B) Frequency of Meetings. It was agreed that the Commission would meet on a mont y acts or the time being. C) Location. The Commission agreed that the meetings would alternate between the cities Burnsville and Eagan. The next meeting of the Commission was set for December 8, 1983, at the new City Hall in Fagan. D) Procedure for Call in Special M+�etin . The Commission agreed that the Chair or any three members cal one member represented from the other city, could call a special meeting of.the Commission given a forty-eight (48) hour minimum notice. �- :0_M711.I: Tom Hedges, City Administrator of Eagan, initiated discussion regarding the procedures for the financial matters of the Commission. Hedges informed the Commission that the City Administrators from both Burnsville and Eagan had agreed that the city of Eagan would utilize the necessary city support staff to oversee the financial matters of the Commission. The city of Burnsville would then reimburse the city of Eagan for one half (1/2) of the necessary expenses. Motion 11.17.1• - Approved -Unanimously. That the city of Fagan be delgated the cost ian of the records for the Commission. Motion by Cooper, Second by Gibson. 176 Spore suggested that the Commission begin the formation of various committees; specifically, an access committee and a budget committee. Chair Smith encouraged the Commission to think of other committees that would be necessary to the operations of the Commission. Tierce suggested a possible complaint committee to deal with Group W on consumer matters. Chair Smith tabled the discussion on committees until the next meeting. � • • a• : h• aa„iaur Chair Smith initiated discussion and review of the Joint Powers Agreement entered into between the cities of Burnsville and Fagan. The following areas of the Joint Powers Agreement were discussed: 1) Page 2, 54 regarding new.municipality membership to the Commission. Chair Smith stated that nothing has been heard regarding the cities of Savage and Mendota in joining with the Cmmission under the new Joint Powers Agreement. 2) Page 7, §10 regarding the members annual financial accounting to the Commission. Chair Smith stated that the money would be received by the cities, who would then account to the Commission on an annual basis -so that the Commission can prepare its annual budget and program of activities. 3) Page 8, 56 regarding the duties of Secretary/Treasurer. The Commission discussed the equivocal language of "keeping of all written and financial records". It was agreed that this section interpreted the duties of Secretary/Treasurer to be the custodian of records and ,that the legal consultant would be responsible for production of minutes of meetings. 4) Page 9, 54 ree=-ding the Cc*mnissicn buds_et. It :.as determined that the cities would produce an estimate of financial revenue to the Commission by the December 8, 1982, meeting so that the budget com- mittee of the Commission could be formed and the 1984 budget could be prepared and sent to the member cities for their approval in accordance with the Joint Powers agreement. VIII. LDGAL CONSULTANT Notion 11.17.5 - Approved -Unanimously. Thomas D. Creighton, Legal Consultant, o- Stern, Levine, Schwa:•tz, Lifson, Creighton 6 Bunin was retained by the Commission as the Legal Consultant at the rate of $60.00 per hour under the terms and conditions of the previous Commission. Motion by Wood, Second by Cooper. IX. REQUEST OF THIRTY Tmumm ACCESS awir FROM GROUP W Motion 11.17.6 - Approved -Unanimously. To request of Group .a the Thirty-Thousan an No 100 Dollars ($30,000) access grant to the comity access corporation for use in fostering access programming activity in the Burnsville/Eagan cable system as proposed to the cities. lotion by Gibson. Second by Voracek. /77 Chair Smith requested that the Legal Consultant prepare a Letter and send it to Croup W regarding this matter. C X. GROUP W REPORT Jim Conners of Group W addressed the Commission regarding a response to the October 28, 1983, letter from the Commission regarding Group W's failure of notification regarding application for necessary permits and licenses. Group W replied that they have complied with the applications to this point as far as practicable. Mr. Creighton will speak at the next meeting regarding the suf- ficiency of Group W's compliance. Conners discussed the activities of Group W to date. He noted that a headend location had not been selected; however, on-site tests at a few loca- tions have been conducted i -r. search of a suitable property location. He expected to have a headend location by the December 8, 1982, meeting. He noted that notification to the Commission would be made for any deviations from the proposal, to seek the Commissions spproial in light of new technologies. This included any change from a secorx!ary hub rahich would link to the headend. At this point. Comers informed the Commission that Group W had no reason to believe they could not adhere to the rwenty-eight (28) month construction time- table. XI. OTHER BUSINESS Ayotte requested the Commission consider:joining the Minnesota r'• Association of Cable Television Administrators. He then briefly discussed the background and purposes of MACTA. Chair Smith noted that MALTA would become an agenda item for the December 8, 1983, meeting. In addition, Chair Smith requested that a report from Group W be considered a permanent agenda item. r f• XII. ADJOUFt= The meeting was adjourned at 9:10 p.m. 17$ MINUTES'OF THE BURNSVILLE/EAGAN CABLE COMMUNICATIONS COMMISSION DECEMBER 8, 1983 A meeting of the Burnsville/Eagan Cable Communications Commission was held on Thursday, December 8, 1983, in the Eagan City Hall at 7:00 p.m. Those members present were Betsy Pierce, Paul Wood and Robert Johnson of Burnsville; Jim Smith, Robert Cooper, Stuart Gibson, Ron Voracek and Rick Bertz of Eagan; city staff members including Jim Spore, City Manager of Burnsville, and Tom Hedges, City Administrator of Eagan; and Tom Creighton, legal counsel. MINUTES Chairman Smith stated that minutes were recorded and sent out by the legal consultant and entertained any changes and/or cor- rections offered by the commission. Aftera brief review and in a motion by Wood, seconded by Johnson, with all members voting in favor, the minutes of the Burnsville/Eagan Cable Communications Commission meeting held on November 17, 1983 were approved as cor- rected. TREASURER'S REPORT The Eagan city administrator presented the commission with a brief treasurer's report, stating that the commission has $10,000 as a balance on hand for general fund considerations by the commission and is expecting an access grant. from Group W in the amount of $30,000 to be earmarked for access purposes. The Eagan city administrator also provided the commission with a list of projected revenues and expenditures that can be used for prepara- tion of the 1984 operating budget. Tom Creighton reviewed the list of expenditures, providing additional information about the type of expenses the commission can anticipate incurring during their first year of operation. Mr. Creighton included in his discussion the need for staff support from one of the cities to provide mailings, preparation of agendas, coordination of support informa- tion and also a person to take the minutes of the commission meetings. He further spoke to the additional staff needs that will occur within the next year or so, suggesting that a full time staff person is more than likely necessary in the next several months. City Administrator Hedges stated that the City -of Eagan will provide the accounting services and also support staff for the various ad- ministrative operations incurred by the commission. /79 Cable Commission Minutes December 8,-,1983 Page 2 l'►:[�ili 1 Chairman Smith suggested that the commission review information relating to membership in the Minnesota Association of Cable Television Administrators, referred to as MACTA, and decide whether they wish to join as a member of that association. Tom Creighton reviewed the purpose of MACTA and the type of information and data that will be available to commission and/or cities, and further that the cost is estimate -d at approximately $1,500 per year for membership. Motion -12:8.83.1. Adopted, Unanimous. Authorize the Burnsville/Eagan Cable Commission join the Minnesota Association of Cable Television Administrators and authorize payment of 1984 dues. BYLAWS Chairman Smith continued discussion on the bylaws until their completion by Tom Creighton which is anticipated for review at the January 1984 meeting. SUBCOMMITTEES Chairman Smith asked for discussion regarding the appoint- ment of subcommittees that will serve as fact finding and research committees for the commission as a whole. He further stated that discussion at the first commission meeting suggested the appointment of three subcommittees which are access, budget and complaint. There was further discussion about the formation of subcommittees, and it was decided by the commission that four subcommittees should, be formed, consisting of access, budget, subscriber and company relations, and structure and goals. It was determined that the access subcommittee would -determine whether an access foundation is required, who can use access, would determine policies for access and possibly meet with schools, churches and other organizations that have an interest in public access. The budget committee.would develop an operating budget for the commission and also a public access budget for annual consideration. The subscriber and company relations would first deal with company relations while cable con- struction is beginning, and then with prospective subscribers as complaints or questions may arise that can be best answered by the commission. The last subcommittee to be designated is structure and goals which is a short and long range planning subcommittee dealing with broad objectives of the joint cable commission. Com- mission members agreed on the formation of those four subcommittees and Chairman Smith designated the following membership, with the chairman of each subcommittee listed first: Access: Robert "Cubby" Johnson, Chair; Bob Cooper, Jim Glish Budget: Ron Voracek, Chair; Paul Wood, Jim Smith m Cable Commission Minutes December 8, 1983 Page Three Subscribers & Company Relations: Betsy Pierce, Chair; Stuart Gibson, M. Susan Aeziman Structure a Goals: Paul Wood, Chair; Rick Bertz, Ron Voracek GROUP W/REQUEST REGARDING "HEADEND & HUB MODIFICATION" Mr. Jim Commers, general manager for the Burnsville/Eagan Group W cable operation, .appeared and stated that Group W Cable is proposing a modification of its original proposal to serve the Cities of Burnsville and Eagan as it relates to the location of a headend and hub. Mr. Commers further stated that the new proposal calls for a single headend and elimination of the hub. He proposed that one headend be located near the border of the two cities and distribute programming to each via separate, dedicated trunk cable, or, in other words, two subscriber trunk cables would eminate from the head end. Mr. Commers stated that each city will receive its own direct distribution of programming and also its own distribution network which would facilitate narrow casting of certain programs solely within one of the city's boundaries. Commission members raised a number of questions for Mr.' Commers, having reviewed the single headend proposal. It was the consensus of the commission members that, due to the amount of technical detail associated with the proposal and due to the impact the change may or may not cause on the system for various areas within the two communities, it was recommended that the commission hire. .0 -,technical consultant to re- view the modification. Motion 12:8.83.2. Adopted. Unanimous. The executive committee is directed to hire a technical consultant to review the head -end modification proposed by Group W, report their action to. the commission as a whole at the January 12 regular meeting, and further that Group W reimburse the cost for the technical consultant to the joint commission. GROUP W REPORT Mr. Jim Commers discussed briefly the locations for the proposed headend and hub without providing specific sites. The representative of. Group W also reviewed the status of strand mapping and negotiations with utility companies, stating that make-ready plans are progressing, however, the procedure is quite detailed and manycomplications can arise before the final make-ready plans are approved and implemented by Group W. . ORGANIZATIONAL Chairman Smith asked for general comments regarding con- ducting business at future meetings and it was the general consensus of the commission that each agenda consist of roll call, minutes, financial report, committee reports, visitors to be heard, old /91 Cable Commission Minutes December 8, 1983. �i Page Four business, new business, other business and adjournment. ADJOURNMENT The meeting was adjourned at 9:00 p.m. until the next regularly scheduled meeting to be held January '12, 1984, at 7:00 p.m., in the Burnsville City offices. Dated: December -.8, 1983 4 Secretary Oarc .. "JAN E Association for Retarded Citizens/Dakota County A no rollt tax exam t charitable or anization •rl-P D B 33 E. Wentworth Avenue, Room 105, West St. Paul, Minnesota 55118 Phone 457-2588. PRESIDENT Tom Saby W. St. Paul VICE PRESIDENT January 5, 1984 Carolyn Corson Burnsville SECRETARY Nancy Commerford Mayor Bea Blomquist Hastings City of Eagan TREASURER 3795 Pilot Knob Road Linn Sheppard P.O. Box 21199 Eagan Eagan, MN 55122 PAST PRESIDENT Donita Soucek Dear Mayor Blomquist: Hastings DIRECTORS I am pleased to enclose annual reports on recreation services provided for mentally retarded childrenand adults in Eagan Chuck Erickson during 1983 through our Recreation Unlimited program. A Apple Valley total of 48 residents in your community were served in four Jan Feely local programs and four non -local programs. Rosemount On behalf of the Association's Board of Director's, I want to Grudem thank you,. the City Council and the Eagan Park and Recreation 49`udy ple Valley Department for your continuing support of programs for retarded Kathy Henrickzon citizens'in Eagan. We are grateful for your financial support Mendota Heights of $1,000 to co sponsor recreation programs in 1984. Bob Ilstrup We will. continue to follow the previous billing schedule of June Mendota Heights 1, 1984 and December 1, 1984 for $500.00 per billing. John Johnson Sincerely, W. St. Paul Tom Klein , S. S[. Paul V Suzy Zender Judy Marder Recreation Services Coordinator Apple Valley Diane McNearney Enclosure Rosemount Kathy Pine cc: Ken Vraa, Director Parks and Recreation Mendota Heights City of Eagan Sally Reardon Mendota Heights Thomas Hedges, City Administrator Tara Scheffel SZ/lp Burnsville flan Smith gan Nancy Turner St. Paul EXECUTIVE DIRECTOR Susan Seymour 113 MomU 'unit of ASSOCIATION FOR RETARDED CITIZENSINATIONAL Mom Oaf Unll of ASSOCIATION FOR RETARDED CTT2ENSMINNESOTA 10 lIAgmcy Y Aglmq • INSPECTION/OFFICE• HOURS Building Plumbing HVAC Administrative/Office Fire `iirshal Miscellaneous General Office Permit Processing NL14BER OF PERMITS ISSUED Building Electrical Plumbing hV AC Water Softener Well, Cesspool, Septic Tank Signs PROTECTIVE INSPFCTI_ONS MONTHLY REPORT DECEMBER, 1983 This Month Year -To -Hate 99. 2,294.5 146.5 1,599.5 96. 869.5 50. 550.5 37. 494. 0 52.5 167. 2,092. 131.5 1,442.5 This Month Year -To -Date Permits 983 51 1,016 43 814 45 740 9 58 0 24 31 74 MONTHLY Tvpe Permits Valuation Permit Fee Plan Check Fee Total Fee* Single Family 18 1,330,000. 6 358.50 $ 3,179.25 33 332.75 Duplex 2 106 000. 584.00 292.00 3,499.00 Multi-Family28 1,061,000. 3 845.50 1,922.75 37,478.75 Commercial 1 1 272 500. 865.50 432.75 3,384.75 Industrial 0 -- -- -- -- Institutional 0 -- -- -- Res. Cara e 1 7,000. 62.50 0 66.00 Swim. Pool 0 -- -- -- -- Miscellaneous 5 196,000 970.00 376.25 2,729.75 TUTALS 7.972.500. 12,686.00 6,202.50 BO 491.00 YEAR-TO-DATE 1937 25 950. 278 590.00 $135,878.50 $ ,590,077.39 • • Total Fees Include: Building Permit Fee, Sur -Charge, Plan Check Fee, SAC Unit Fee, Water Connection Fee, Water Meter Fee and Road Unit Fee. 0 • 11RU'rI:Crin 1NSPCC'r101JS - ADSONAL MUM'IILY INFOIU•IA7'J0:1 • DECEMBER. 1983 . MULTI -FAMILY BREAKDOWN COME RCIAL, INDUSTRIAL AND INSTITUTIONAL BREAKDOhq Ir11t 1i11111= Permit N Number of Number of Number of Permit Fee Service Charge Service 111 an Ctec: I �- a -7 _l,pc Permits flu i, Idings Units Valuations Permit Fees Charge Fees Total Fees, f01rr Unit Four Unit - 108 Shimming Pool - 14 Sur -Charge - $ 16,051.00 Light Unit - _Tol,n11011sc 4 1 4 224 000. $1,204.00 $112.00 $ 602.00 $ 7,058.00 fiF:ht Unit *Total Fee - $ 9.15,036.45 1'01rn11011se 24 3. 24 837.000. 21641.50 418.50 11320.75 30,420.75 Dup]ex 2I 1 1 2 1 106 000. 1 584.00 53.00 292.00 3,499.00 A partmcnts or CcndOminiums D_- m 1'0FALS'31 40 977.75 COME RCIAL, INDUSTRIAL AND INSTITUTIONAL BREAKDOhq Ir11t 1i11111= Permit N Address F1 Legal Owner Valuations Permit Fee Service Charge Plan Check Fees '— Total I`ccs• I �- a -7 2935 W.Service R . Don Dllrlex - S136,50 $432.75 $3,384.75 Bldg. Permit FeL - $ 17S,917. SO Four Unit - 108 Shimming Pool - 14 Sur -Charge - $ 16,051.00 Light Unit - 88 Miscellaneous - 155 Plan Check Fee - $ 8.1,830.75 Alit/Condo - 0 Tum - 676 *Total Fee - $ 9.15,036.45 VOID NUMBER 011 BUILDING 1'JOL ITIIMITS ISSUED IVI/1LJ MOUNI'S OF VALUA'HU.`IS 71 I-I:I ti— .';ingle Family - 224 Ind/Comm/Instit, - 9 Vnluation - $33,917,78j.00 Dllrlex - 60 Res. Garage - 18 Bldg. Permit FeL - $ 17S,917. SO Four Unit - 108 Shimming Pool - 14 Sur -Charge - $ 16,051.00 Light Unit - 88 Miscellaneous - 155 Plan Check Fee - $ 8.1,830.75 Alit/Condo - 0 Tum - 676 *Total Fee - $ 9.15,036.45 VOID JAN 1 1 1904 THE HOZZA ASSOCIATES, INC. • Commerce Building 8 East Fourth Street St. Paul, Minnesota 55101 January 9, 1984 Memorandum to: Wold -Chamberlain Field Joint Airport Zoning Board r•���r<<a Larry Lee(Bloomington) Mark Mahon (Bloomington) Dale Runkle (Eagan) Thomas Egan (Eagan) Wilfred Viltala (MAC) Nancy Witta (MAC) Liz Witt (Mendota Heights) Lawrence Shaughnessy, Jr. Dale.Pollock (Minneapolis) (Mendota Heights) Walter Rockenstein (Mpls.) Vern Luettinger (Richfield) Donald Dunshee (St. Paul) Rick Jopke (Richfield) Rick Wiederhorn (St. Paul) John Voss (Chairman) Larry Jung (Mendota) meeting of the Board to evaluate the public testimony and take From: Eileen McMahon and David Hozza 10 S'40-® RE: Public Hearing • This Is to remind you that the second public hearing on the proposed safety zoning ordinance for Wold -Chamberlain Field will be held at 7:30 p.m., Wednesday, January 18, 1984 at the Nokomis Community Center, 2401 E. Minnehaha Parkway in South Minneapolis. Immediately following the hearing, the chairman will convene a brief meeting of the Board to evaluate the public testimony and take official action regarding the proposed ordinance. Please plan to attend both the hearing and the Board meeting. cc: Nigel Finney Mike Kazuba Tom Anderson Peter Stalland Bill Olson Chauncey Case Tom Hedges Wayne Bachman Pat Cannon Linda Hansen Dan Callahan Garrette Mulrooney John Shardlow John Crouch . David Phelps George Burkards Bernard Friel MnDOT 011ie Ulvilden Chuck Mertensotto Bloomington City Clerk Howard Dahlgren Eagan City ClerkKevin Frazell Mendota City Clerk Mendota Hglghts City Clerk PLEASE POST • Richfield City Clerk Minneapolis City Clerk St. Paul City Clerk 10 S'40-® Wold -Chamberlain Field Joint Airport Zoning Board 4 p.m., Thursday, January 5, 1984 Metropolitan Airports Commission Meeting Room •Board Members In Attendance: Nancy Witta, Dale Runkle, Larry Shaughnessy, Vern Luettinger, Rick Jopke, Larry Lee, Dale Pollock, Larry Jung, Rick Wlederhorn. Others In Attendance: Garrett Mulrooney, George Burkards, Chuck Mertensotto, Howard Dahlgren, Kevin Frazell, Eileen McMahon, David Hozza. Minutes I. Call to Order In Chairman Voss' absence Nancy Witta called the meeting to order at 4:10 p.m. II. Approval of Minutes Motion was made by Vern Luettinger and seconded by Larry Shaughnessy to approve the minutes of the December 15 meeting. Motion passed. III. Review of proposal submitted by Joint Committee an Disposition of Acacia Park Property. Eileen McMahon reviewed the concept of the proposal Out forth by the Joint Committee on the Disposition of the Acacia Park Property. She explained that at the December 15 meeting its representatives presented a proposal for amending the proposed ordinance to allow for a transfer of B -zone densities from land dedicated to permanent open space to other land available for development within the B -Zone. The proposal put forth by the Joint Committee calls for language to be added to Section V B 3 of the zoning ordinance. At the last meeting the Joint Zoning Board requested that Ms. • McMahon convene a meeting of representatives of the legal staff and others , from MAC and MnDOT to discuss their reactions to the proposal. That meeting, which was held on December 22, resulted in one slight modification to the proposed language. With that slight modification. the MAC and MnDOT representatives agreed that the language was acceptable to them. A copy of the proposed language (with the additional wording underlined) is attached. After some discussion, motion was made by Larry Shaughnessy and seconded by Dale Runkle to adopt the additional language as proposed by the Joint Committee on the Disposition of the Acacia Park Property and as amended by MnDOT. The roll call vote was as follows: Yeas: Larry Lee, Dale Pollock, Vern Luettinger, Rick Jopke, Larry Jung, Larry Shaughnessy, Dale Runkle, Nancy Witta. Nays: (none). Abstentions: (none). Motion passed. IV. Official Action on the Ordinance Motion was made by Rick Jopke and seconded by Larry Shaughnessy to approve the zoning ordinance as amended, to submit it to MnDOT for a Commissioners Order of Approval, and to hold the second public hearing as originally planned on January 18, 1984 at the Nokomis Community Center at 7:30 p.m. Notion passed unanimously. V. Next Meeting Date/Adjourn The next meeting of the Joint Zoning Board will be held immediately following the Public Hearing an January 18. The purpose of the meeting will be to take final action on the adoption of the ordinance. There being no further business, the meeting adjourned at 4:25 p.m. Submitted by Eileen T. McMahon Consultant %g —7 • V. LAND USE SAFETY ZONING: B. Use Restrictions, paragraph 3, subparagraph e: shall be amended as follows: Change existing subparagraph a to f (page 14). e. Density, Site Population Transfer Both allowable building area lot coverage and allowable site population may be transferred from adjacent parcels, within any given B -Zone, where the Zoning Administrator finds said parcels to be in permanent open space use. Land determined by the Zonl Administrator to be in Dermanent open space shall be sub_tect to the use restrictions set forth in Subsection V B 2. For the purposes of this provision, the permanent open space for Runway 1. Determination of Transferable Building Area For the purposes of the administration of this section, all of the acreage determined to be In permanent open space use shall be considered as a single site. The ratio set forth In Section V B 3 d shall then apply to determine the transferable building plot area. In no case shall the transfer of building plot area result In a development which exceeds the maximum lot coverage and/or floor area ratio set forth in the underlying zoning district. 2. Determination of Transferable Site Population As in Subsection a (1) above, the entire developable area • found to be in permanent open space use shall determine the site area for the determination of transferable site population. The maximum site population standard of 15 persons per acre shall be applied to determine the transferable site population. • 3. Distribution of Density Transfer Distribution of density transfer shall be apportioned by the Zoning Administrator based upon the proportion of a particular parcel to the total developable acreage within any given B Zone. M MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS • FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 16, 1984 SUBJECT: ADDITIONAL INFORMATION FOR 1-17-84 CITY COUNCIL AGENDA CONSENT AGENDA B. Personnel Matters -- Please include clerk typist position was advertised, Marilyn wucherpfennig be hired for that January 16, 1984. Therefore, this item six persons. Item #5: The receptionist and it is recommended that position beginning Monday, will change from five to G. Receive Petition/Order Public Hearing, Street Vacation (Lexing- ton Avenue South of County Road 30) -- Enclosed on page 8 is a gra- phic description of the portion of Lexington Avenue to be vacated for the proposed plat of Kensington Place. while it was anticipated that the formal petition would also be made available with the administrative packet, the necessary signatures of the property owners were not available at the time of packet preparation. It is anticipated that it will be presented on the night of the Council meeting. OLD BUSINESS A. Liquor License Policy Change -- The City Administrator has not received letters as requested. Therefore, it is suggested that this item be continued until the February 7, 1984 City Council meeting. B. Off -Sale Liquor Application/Perrier -- The same action as Item A. is requested for this item. C. Lexington South Parkland Dedication -- The memorandum from City Attorney Hauge is enclosed and referenced as pages 40 - 41 for your review. The City Administrator, City Attorney and Director of Parks and Recreation again met regarding this issue today, and further comments regarding the Lexington South parkland dedication will be presented at the meeting on Tuesday. Also enclosed and referenced as an addendum is a memo from the City Administrator regarding this item. ADDITIONAL ITEMS F. Lone Oak Tree -- Additional information has been received from Dr. Nerburn regarding his proposal for a Lone Oak Memorial. This • additional information is enclosed and referenced as 154A and B. 199 • Additional Information Memo January 17, 1984 Council Meeting Page Two • K. Consideration of Land Acquisition from Lexington South, Inc. -- Water Booster Station & Reservoir -- The Public Works Director has had further discussion with the Consulting Engineer, Mr. Bob Rosene, pertaining to the anticipated timing for the construction of the installation of the water booster station on Lexington Avenue to service the high pressure zone in the water distribution system. It is anticipated that this booster station should be constructed and on line by 1985. This would make the acquisition of this pro- perty as proposed by Mr. Curry very timely and appropriate. In addition, the purchase agreement was ;reviewed by the City Attor- ney, Mr. Paul Hauge. He has recommended 'that the purchase agreement as submitted by revised to make the seller responsible for real estate taxes due in 1984 in addition to all levied and pending assessments against this property. ME u SUBJECT TO APPROVAL MINUTES OF A REGULAR MEETING OF THE ADVISORY PARKS AND RECREATION COMMISSION EAGAN, MINNESOTA JANUARY 5, 1984 A regular meeting of the Advisory Parks and Recreation Commission was called to order by Chairman Martin at 7:00 P.M.. Members present were Martin, Bertz, Thurston, McNeely, Alt, Kubik, Fedde, Jackson, Masin and Carroll. -Also pre- sent were the Director of Parks and Recreation, Ken Vraa, and Administrative Staff Person, Liz Witt. Larry Frank, Dave Gabbert and Jim Curry were also present to discuss proposed developments. AGENDA Park and Recreation Director Vraa, requested the addition of the Westbury proposed plat to development proposals. Commission member Jackson moved and Masin seconded to approve the agenda as amended. The motion carried. MTNDTFS Commission member Carroll moved, Thurston seconded, to approve the December 1, 1983 minutes as presented. The motion passed... • DEVELOPMENT PROPOSALS A) Berkshire Pond Larry Frank of Derrick Land Company was again present to discuss the Berkshire Pond development. Derrick Land Company proposes 73 lots on 27 acres. The pro- posed park parcel is somewhat over four acres of which 2.5 acres is land and the remainder is in two ponds. Mr. Frank indicated he is having a difficult time selling the homeowners association concept. The potential developer said he was definitely not interested in this concept. Mr. Frank said nothing else had changed in the development from the December Commission review and he would like to dedicate the parcel as park to fulfill the dedication requirements. Chairman Martin noted there.is not enough money for small parks which only serve 73 homes. While it may be nice to have a tot lot for each residential development, such a park would not benefit the Ciry as a whole. The small size would pose a maintenance and development problem. The proposed park and residential plat is in the Ridgecliff neighborhood park service area and is connected by a walkway. He also reiterated he does not like to see a tot lot so close to water. Chairman Martin concluded by saying the tot lots should be located elsewhere; and that lot line be redrawn to include the parcel but the City should not accept the land as a park. Several mem- bers commented and questioned the proposal further. 0 Minutes January 5, 1984 Page Two. At_the.request of_Mr. Frank, the discussion then -revolved around how much • credit might be given the developer if the parcel were included as a pri- vate park. Director Vraa said there is no precedence to his knowledge for private parkland to be given park dedication credit. He noted that approxi- mately 1/3 credit was given for a parcel in Cinnamon Ridge, accepted by the City. After a brief discussion, Chairman Martin moved to recommend a cash dedica- tion for Berkshire Pond development. He cited the small size of the parcel; the proximity and accessibility to Ridgecliff Park; the unacceptability of proposed use (tot lot) and the fact the parcel would not benefit the City. Doug McNeely seconded the motion. The Commission approved the recommendation with Commission member Masin abstaining. As a footnote, the Commission did encourage the developer to form a homeowners association to guide the park if he chose to retain the outlot as open space. B) Westbury Plat 6 Lexington South PUD The Director of Parks and Recreation again introduced the Westbury/Lexington South PUD issue saying the City Council has asked the Commission to again review the issue of parkland in the Westbury Plat. He went on to explain that this issue is also interrelated to the whole issue of parkland in the Lexington South PD. The Director explained that Mr. Curry, owner/developer of the PUD, is hopeful in dedicating remaining,parkland. The Director con- tinued to explain other aspects of the early dedication. • Director Vraa then stated that the proposed Westbury is a. mix,, of single family and twin homes. In the original planned development, it was pro- posed that 8.3 acres would be dedicated as park. It was the thought at the time of agreement that the park parcel might serve as a connection trail to Patrick Eagan.Park from Westcott Road. The proposed Westbury Plat has changed this concept and topography would make such a trail ex- tremely difficult. There is no access from Westcott to the parcel it was explained. Jim Curry of Lexington South spoke to the park dedication issue. He said the entire PD covers 1,153 acres and they've agreed to dedicate approximately 145 + acres or 25 acres + over the 10% required. He stated further that 67.5 acres have been dedicated and 73.6 acres remain to be dedicated. Mr. Curry noted that HUD has. changed its rules and he can now dedicate all the remaining parkland and get out from under the tax burden that waiting for final plats entails. He too would like to have the West- bury park de�iication reselved as is is part of Lexington South PD. Chairman Martin commented that in the early days it was undesirable parcels which were given as park dedication. He said the only purpose for the West- bury Park parcel was a trail and now that purpose is no longer vali�!. He said the parcel would not be an amenity for the City. Chairman Martin pre- ferred to negotiate for park elsewhere in the PD. Commission member Carroll said a passive park is not needed, but that a ball type park is. He further noted that the Parks Commission has a-responsibility-to-the=community resi- dents and the parcel in question is really not usable for active activities. Its value is in open space only. 0 • Minutes January 5, 1984 Page Three. Jim Curry noted there may be•some,othersmall,areas the City could trade for, but most of the area is spokenlFor. Parks and Recreation Director Vraa said there is also the question of amount of credit given for the high line trail and ponding'credits,which should be calculated and applied against the dedications. Jim Curry and Dave Cabbert stated they want to continue with development this spring, stating they've been held up for months on the project with easement problems. He felt the City was anxious to move on the project and hoped for a decision by the January 17 City Council Meeting. Commission member Thurston agreed that the Commission must address the park dedication for Westbury as well as with the amount of credit to be given for the parcel. She noted the eight acres under discussion did not include the sliver of land owned by Mr. McCarthy which was between Westcott Road and the proposed park. Commission member Carroll thought the City should look for its ten -acre park on the McCarthy property; but he said the City cannot give credit for this parcel and then not accept it. There was considerable discussion regarding the parcel, credits for ponds, language in the PD and alternatives available. After discussion Chairman Martin stated that it appears the Commission's • preference is not to take the parcel for park, but to negotiate elsewhere for a park site. He asked the department staff to study the park dedica- tion given in the Lexington South PD to see if appropriate credit was given and if total acreage is correct. If the figures are short, he added, the City should be given additional acreage elsewhere. Mr. Curry suggested that the park could be outloted at this time to allow the development process to proceed. This, he said, would still allow the Commission time to decide if it wants the park. Parks Director Vraa said he would like to review the park dedication in more detail with Mr. Curry to see if the 145 acres are adequate. He suggested a special meeting be held before the next regular City Council Meeting. This would allow time to study the issue in more detail to assure that the Council knows exactly where the Advisory Parks and Recreation Commission stands regarding the proposed park dedication. He stated he did not think Mr.. Curry should place the parcel in an outl.)t pending the park study. Commission member Carroll moved and Fedda seconded to table the Westbury Plat and Lexington South Park dedication to a January 11 meeting. The motion carried unanimously. 0 Minutes January 5, 1984 Page Four. • IQRoll 1.111.24U*b9 A) Park System - Park Finances Parks and Recreation Director Vraa told the Commission that the City Council approved the Task Force concept and will establish the group soon. Director Vraa has reviewed a list of 25 names with City Administrator Hedges and a final list will be presented to the City Council at its January 17 meeting. He went on to review, the material in the packet saying that the Phase I - Working Proposal could be equated to a bond issue for $3.2 million and $1 million for Phase II. As for meeting 1990 needs, the City would be somewhat short of soccer, baseball and softball fields. The number of tennis courts and hockey rinks would be adequate. Member Masin questioned the specific action being taken, i.e. the removal of the hockey.facility at Carnelian when it is -so heavily used. There was discussion regarding this with the explanation the rink would not be taken out until a replacement was ready. Commission member Kubik reiterated the need to -.define the Task Force goal - that of financing. He''did not want the'park systems plan addressed at all. There was a consensus that what had been prepared could be.presented to the • Task Force for their review. B) Park Names The Park Name Committee Chairman, Richard Carroll, presented the following list of park names to the Commission. The Blue Cross/Blue Shield site was removed from the list. The high line trail was changed to Logger's Trail and Walnut Hill Park was the selected name for Wedgwood Park. The remaining names were accepted as presented (list'follows). CURRENTLY KNOWN AS OAK CHASE NORTHVIEW THOMAS LAKE CARNELIAN CAPRICORN CHES MAR CINNAMON RIDGE COUNTRY HOME HEIGHT DEBOER DONNYWOOD FISH LAKE HILL TOP PILOT KNOB RIDGE CLIFF WEDGEWOOD RECOMMENDED NAME OAK CHASE PARK DOWNING ATHLETIC FIELDS THOMAS LAKE CARNELIAN PARK GOAT HILL PARK STONECUTTERS PARK ROBBER'S RAVINE PARK CINNAMON PARK COUNTRY HONE PARK O':E?4Y PARK BARLEY CORN PARK FISH LAKE PARK BERRY PATC4 PARK PILOT KNOB PARK RIDGECLIFF PARK WALNUT HILL PARK • • 0 Minutes January 5, 1984 Page Five. CURRENTLY KNOWN AS (CONT.) WINDTREE WOODHAVEN MEADOWLANDS HI LINE SCHWANZ LAKE RECOI%NENDED NAME (CONT.) WESCOTT STATION PARK WOODHAVEN PARK MEADOWLAND PARK LOGGERS TRAIL TRAPP FARM PARK Commission member Carroll moved and Jackson seconded to accept the.slate of names and recommended Council action for official name designation of parks. The motion passed unanimously. NEW BUSINESS Meadowlands Park The Director of Parks and Recreation,presented a base map of Meadowlands Park as prepared by Mr. Erkkila. He reminded the Commission that they had requested a training session on the process and issues a Park Planner goes through. The purpose of the base map was for the Commission to now try and "plan" the park. He explained the process to be used and the follow-up session at the next meeting by Mr. Erkkila. Chairman Martin asked to continue with the agenda first and return to this after adjournment. Following adjournment, the Commission met until 11:00 P.M. to go through the "planning" of Meadowlands. Chairman Martin concluded that this was a great learning experience and has already pointed out the number of issues the Planner must consider. OTHER BUSINESS A) Kehne House The Director reported that he had contacted an Eagan resident and architect, Roger Sjobeck, to look over the house and do an independent evaluation. He had met with the Chief Building Official and the Director to review the house plans and problems. He has also visited the house and took several pictures. Mr. Sjobeck will, need a few weeks to develop ideas, make cost estimates, etc. for the Kehne House. B) Program Directions The City offices recently vacated at 3795 Pilot Knob Road are being remodeled. Parks Director Vraa suggested that the Commission be thinking of uses for the Community Room with senior citizen programs a definite possibility. This will be an agenda item at the February and March meetings. Minutes January 5, 1984 Page Six. C) Grant Applications The final grant application for Fish Lake is almost ready. The Director stated that funding appears very likely for the spring of '84. D) Skating Rinks — The skating rinks had to be closed on January 5 and will not be reopened until the weather turns colder and rinks reflooded. E) MEED Intern Director Vraa announced he has a new intern hired under the MEED Program - Jim Sturm, a U Of Minnesota Landscape Architect. He will be with the Parks Department for six months. ADJOURNMENT On a motion by Alt, seconded by McNeely, the official Commission Meeting adjourned at 10:10 P.M.. Dated: Advisory Parks and Recreation Secretary • u 0 e E SUBJECT TO APPROVAL MINUTES OF A REGULAR MEETING OF THE ADVISORY PARKS AND RECREATION COMMISSION EAGAN, MINNESOTA JANUARY 5, 1984 A regular meeting of the Advisory Parks and Recreation Commission was called to order by Chairman Martin at 7:00 P.M.. Members present were Martin, Bertz, Thurston, McNeely, Alt, Kubik, Fedde, Jackson, Masin and Carroll. Also pre- sent were the Director of Parks and Recreation, Ken Vraa, and Administrative Staff Person, Liz Witt. Larry Frank, Dave Gabbert and Jim Curry were also present to discuss proposed developments. AGENDA Park and Recreation Director Vraa, requested the addition of the Westbury proposed plat to development proposals. Commission member Jackson moved and Masin seconded to approve the agenda as amended. The motion carried. MINUTES Commission member Carroll moved, Thurston seconded, to approve the December 1, 1983 minutes as presented. The motion passed. • DEVELOPMENT PROPOSALS A) Berkshire Pond Larry Frank of Derrick Land Company was again present to discuss the Berkshire Pond development. Derrick Land Company proposes 73 lots on 27 acres. The pro- posed park parcel is somewhat over four acres of which 2.5 acres is land and the remainder is in two ponds. Mr. Frank indicated he is having a difficult time selling the homeowners association concept. The potential developer said he was definitely not interested in this concept. Mr. Frank said nothing else had changed in the development from the December Commission review and he would like to dedicate the parcel as park to fulfill the dedication requirements. Chairman Martin noted there is not enough money for small parks which only serve 73 homes. While it may be nice to have a tot lot for each residential development, such a park would not b=nefit the City as a whole. The small size would pose a maintenance and development probl--m. The proposed park and residential plat is in the Ridgecliff neighborhood park service area and is connected by a walkway. He also reiterated he does not like to see a cot lot so close to water. Chair=an Martin concluded by saying the tot lots should be located elsewhere; and that lot line be redrawn to include the parcel but the City should not accept the land as a park. Several mem- bers commented and questioned the proposal further. 0 Minutes January 5, 1984 Page Two. At the request of Mr. Frank, the discussion then revolved around how much • credit might be given the developer if the parcel were included as a pri- vate park. Director Vraa said there is no precedence to his knowledge for private parkland to be given park dedication credit. He noted that approxi- mately 1/3 credit was given for a parcel in Cinnamon Ridge, accepted by the City. After a brief discussion, Chairman Martin moved to recommend a cash dedica- tion for Berkshire Pond development. He cited the small size of the parcel; the proximity and accessibility to Ridgecliff Park; the unacceptability of proposed use (tot lot) and the fact the parcel would not benefit the City. Doug McNeely seconded the motion. The Commission approved the recommendation with Commission member Masin abstaining. As a footnote, the Commission did encourage the developer to form a homeowners association to guide the park if he chose to retain the outlot as open space. B) Westbury Plat S Lexington South PUD The Director of Parks and Recreation again introduced the Westbury/Lexington South PUD issue saying the City Council has asked the Commission to again review the issue of parkland in the Westbury Plat. He went.on to explain that this issue is also interrelated to the whole issue of parkland in the Lexington South PD. The Director explained that Mr. Curry, owner/developer of the PUD, is hopeful':iri dedicating remaining parkland. The Director con- tinued to explain other aspects of the early dedication. • y Director Vraa then stated that the proposed Westbury is a mix_of single family and twin homes. In the original planned development, it was pro- posed that 8.3 acres would be dedicated as park. It was the thought at the time of agreement that the park parcel might serve as a connection trail to Patrick Eagan Park from Westcott Road. The proposed Westbury Plat has changed this concept and topography would make such a trail ex- tremely difficult. There is no access from Westcott to the parcel it was explained. Jim Curry of Lexington South spoke to the park dedication issue. He said the entire PD covers 1,153 acres and they've agreed to dedicate approximately 145 + acres or 25 acres + over the 10% required. He stated further that 67.5 acres have been dedicated and 73.6 acres remain to be dedicated. Mr. Curry noted that HUD has changed its rules and he can now dedicate all the remaining parkland and get out from under the tax burden that waiting for final plats entails. He too would like to have the West- bury park dedication resolved as it is part of Lexington South PD. Chairman Martin commented that in the early days it was undesirable parcels which were given as park dedication. He said the only purpose for the West- bury Park parcel was a trail and now that purpose is no longer valid. He said the parcel would not be an amenity for the City. Chairman Martin pre- ferred to negotiate for park elsewhere in the PD. Commission member Carroll said a passive park is not needed, but that a ball type park is. He further noted that the Parks Commission has a responsibility to the community resi- dents and the parcel in question is really not usable for active activities. Its value is in open space only. • • Minutes January 5, 1984 Page Three. Jim Curry noted there may be some othersmall areas the City could trade for, but most of the area is spoken for. Parks and Recreation Director Vraa said there is also the question of amount of credit given for the high line trail and ponding credits which should be calculated and applied against the dedications.- Jim edications. Jim Curry and Dave Gabbert stated they want to continue with development this spring, stating they've been held up for months on the project with easement problems. He felt the City was anxious to move on the project and hoped for a decision by the January 17 City Council Meeting. Commission member Thurston agreed that the Commission must address the park dedication for Westbury as well as with the amount of credit to be given for the parcel. She noted the eight acres under discussion did not include the sliver of land owned by Mr. McCarthy which was between Westcott Road and the proposed park. Commission member Carroll thought the City should look for its ten -acre park on the McCarthy property; but he said the City cannot give credit for this parcel and then not accept it. There was considerable discussion regarding the parcel, credits for ponds, language in the PD and alternatives available. After discussion Chairman Martin stated that it appears the Commission's • preference is not to take the parcel for park, but to negotiate elsewhere for a park site. He asked the department staff to study the park dedica- tion,given in the Lexington South PD to see if appropriate credit was given and if total acreage is correct. If the figures are short, he added, the City should be given additional acreage elsewhere. Mr. Curry suggested that the park could be outloted at this time to allow the development process to proceed. This, he said, would still allow the Commission time to decide if it wants the park. Parks Director Vraa said he would like to review the park dedication in more detail with Mr. Curry to see if the 145 acres are adequate. He suggested a special meeting be held before the next regular City Council Meeting. This would allow time to study the issue in more detail to assure that the Council knows exactly where the Advisory Parks and Recreation Commission stands regarding the proposed park dedication. He stated he did not think Mr. Curry should place the parcel in an outl3t pending the park study. Commission member Carroll moved and Fedde seconded to table the Westbury Plat and Lexington South Park dedication to a January 11 meeting. The motion carried unanimously. • Minutes January 5, 1984 Page Four. • OLD BUSINESS A) Park System - Park Finances Parks and Recreation Director Vraa told the Commission that the City Council approved the Task Force concept and will establish the group soon. Director Vraa has reviewed a list of 25 names with City Administrator Hedges and a final list will be presented to the City Council at its January 17 meeting. He went on to review the material in the packet saying that the Phase I - Working Proposal could be equated to a bond issue for $3.2 million and $1 million for Phase II. As for meeting 1990 needs, the City would be somewhat short of soccer, baseball and softball fields. The number of tennis courts and hockey rinks would be adequate. Member Masin questioned the specific action being taken, i.e. the removal of the hockey.facility at Carnelian when it is so heavily used. There was discussion regarding this with the explanation the rink would not be taken out until a replacement was ready. Commission member Kubik reiterated the need to define the Task Force goal - that of financing. He did not•want the park systems plan addressed at all. There was a consensus that what had been prepared could be.presented to the • Task Force for their review. B) Park Names The Park Name Committee Chairman, Richard Carroll, presented the following list of park names to the Commission. The Blue Cross/Blue Shield site was removed from the list. The high line trail was changed to Logger's Trail and Walnut Hill Park was the selected name for Wedgwood Park. The remaining names were accepted as presented (list follows). CURRENTLY KNOWN AS OAK CHASE NORTHVIEW THOMAS LAKE CARMNELIAN CAPRICORN COACIL`UAMN CHES MAR CINNAMMON RIDGE COUNTRY HOME HEIGHT DEBOER DONNYWOOD FISH LAKE HILL TOP PILOT KNOB RIDGE CLIFF WEDGEWOOD RECOMMENDED NAME OAK CHASE PARI: DOWNING ATHLETIC FIELDS T30MAS LAKE CARNELIAN PARK GOAT HILL PARK STONECUTTERS PARK ROBBER'S RAVINE PARK CINNAMON PARK COUNTRY HOME PARK O'LEARY PARK BARLEY CORN PARK FISH LAKE PARK BERRY PATCH PARK PILOT KNOB PARK RIDGECLIFF PARK WALNUT HILL PARK E E • E � rJ Minutes January 5, 1984 Page Five. CURRENTLY KNOWN AS (CONT.) WINDTREE WOODHAVEN MEADOWLANDS HI LINE SCHWANZ LAKE RECO%ffENDED NAME (CONT.) WESCOTT STATION PARK WOODHAVEN PARK MEADOWLAND PARK LOGGERS TRAIL TRAPP FARM PARK Commission member Carroll moved and Jackson seconded to accept the slate of names and recommended Council action for official narae designation of. parks. The motion passed unanimously. ' NEW BUSINESS Meadowlands Park The Director of Parks and Recreation.presented a base map of Meadowlands Park as prepared by Mr. Erkkila. He reminded the Commission that they had requested a training session on the process and issues a Park Planner goes through. The purpose of the base map was for the Commission to now try and "plan" the park. He explained the process to be used and the follow-up session at the next meeting by Mr. Erkkila. Chairman Martin asked to continue with the agenda first and return to this after adjournment. Following adjournment, the Commission met until 11:00 P.M. to go through the "planning" of Meadowlands. Chairman Martin concluded that this was a great learning experience and has already pointed out the number of issues the Planner must consider. OTHER BUSINESS A) Kehne House The Director reported that he had contacted an Eagan resident and architect, Roger Sjobeck, to look over the house and do an independent evaluation. He had met with the Chief Building Official and the Director to review the house plans and problems. He has also visited the house and took several pictures. Mr. Sjobeck will need a few weeks to develop ideas, make cost estimates, etc. for the Kehne House. B) Program Directions The City offices recently vacated at 1795 Pilot Knob Road are being remodeled. Parks Director Vraa suggested that the Commission be thinking of uses for the Community Room with senior citizen programs a definite possibility. This will be an agenda item at the February and March meetings. Minutes January 5, 1984 Page Six. • C) Grant Applications The final grant application for Fish Lake is almost ready. The.Director stated that funding appears very likely for the spring of '84. D) Skating Rinks The skating rinks had to be closed on January 5 and will not be reopened until the weather turns colder and rinks reflooded. E) MEED Intern Director Vraa announced he has a new intern hired under the MEED Program - Jim Sturm, a U Of Minnesota Landscape Architect. He will be with the Parks Department for six months. On a motion by Alt, seconded by McNeely, the official Commission Meeting adjourned at 10:10 P.M.. Dated: • Advisory Parks and Recreation Secretary • SUBJECT TO APPROVAL MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 3, 1984 A regular meeting of the Eagan City Council was held on Tuesday, January 3, 1984 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Public Works Director Colbert, City Planner Runkle, Consulting Engineer Rosene and City Attorney Hauge. KILIIN 4 W I;p'trM 1; City Administrator Tom Hedges gave the oath of office to the newly re- elected councilmembers, including Mayor Bea Blomquist, for a two-year term and Councilman James Smith and Councilman Ted Wachter, .each for four-year terms. Fire Chief Bob Childers also was given the oath of office. AGENDA • Egan moved, Thomas seconded the motion to approve the agenda as prepared. All voted yes. December 15, 1983 _ Special Meeting. Upon motion by Smith, seconded Wachter, it was resolved that the Minutes be approved as distributed. All voted yea. December 20, 1983 _ Regular Meeting. Wachter moved, Egan seconded the motion to approve the minutes with the exception on page 3 relating to Knob Hill Professional Park, that it should be worded "a 1 1/2 inch service will be installed and if a larger service for sprinkling is required in the future, the developer will be requested to install the additional water line." Also, an page 10 regarding Larry Pedersen - The Rental Place, it should be worded "Smith moved, Thomas seconded the motion to approve the application, subject to the following:", and it should be noted all voted yes. All voted yea. December 15, 1983 - Joint Advisory Planning Commission and Council Meeting. Thomas moved, Wachter seconded the motion to approve the minutes. All voted in favor. CONSENT AGENDA • The following consent agenda items were presented to the Council and recommended for approval by the staff: 1 Council Minutes January 3, 1984 • 1. Fish Lake Park Grant Application. On July 7, 1983, the City Council approved the preparation and submission of an application for 1984 LAWCON funds for the development of Fish Lake Park. A resolution has now been prepared authorizing the 'filing of the application and it was recommended the Resolution be approved and also the execution of a Grant Project Agreement to develop open space under the State Natural Resources fund for Fish Lake Park. 2. Used Police Squad Car Sale. Police Chief Jay Berthe recommended the City sell squad car 414 due to high mileage, and that the high quote from Metro Auto Salvage in Lakeville for $1,675.00 be approved. Egan moved, Wachter seconded the motion to approve the consent agenda as presented. All voted in favor. THE RENTAL PLACE - LARRY PEDERSEN - CONDITIONAL USE PERMIT At the regular city council meeting held on December 20, 1983, the Council approved a conditional use permit for outside storage of rental equip- ment located in Lot 1, Block 1, Barton McGray Addition, subject to certain conditions. The applicant was requested to submit additional information, • Including a list as to what would be stored in the outside area of the facility. In a letter from Mr. Pedersen, who was present at the meeting, he indicated that the 400 items could probably be stored very easily and would be equipment which is rented on a regular basis. A detailed diagram of the screening and landscaping was presented and it was noted that approximately 12 additional trees for the area to landscape and screen the storage was pro- posed. After review, Egan moved, Wachter seconded the motion to approve the conditional use permit, subject to the conditions that were imposed at the December 20, 1983 council meeting and further approval of the information submitted by Mr. Pedersen. All voted in favor. WESTBNRY ADDITION - PRELIMINARY PLAT The application of Gabbert Development Co. for preliminary plat approval . of Westbury Addition consisting of approximately 47 acres with i29 single family lots and 28 twinhome lots was again presented to the Council. A public hearing was held by the Planning Commission at its November 22, 1983 meeting and the City Council considered the plat at its December 20, 1983 meeting. The Council asked for additional information and both Mr. Hedges and Mr. Runkle reviewed the changes being proposed by the applicant. Mr. Runkle stated that the minimum single family lot width now would be 65 feet at the front setback line, there would be 110 single family dwell -Ings, a reduction of 15, and'36'duplex units. The minimum single family lot size would be 9,000 square feet as opposed to 7,500 square feet minimum under the original plan. The 58.7 a:re parcel would include 11.9 acres of road right-of-way and 8.3 • acres of park with a net acreage of 38.5 acres. It would result in 3.79 net 2 Council Minutes • January 3, 1984 units per acre, excluding the road and the proposed park and 2.48 gross units per acre. Mr. Gabbert was present as was the landowner, Jim Curry. Mr. Gabbert indicated in reducing the number of lots, that the price per lot would then increase about $2,500.00 minimum per lot. He showed a rough rendering of a proposed alternate which would include multi -family use reflecting 270 units, which appeared to indicate approximately 7.units per gross acre, which would exceed the 3 to 6 units per acre under the R -II land use designation. There was discussion concerning the access to the west and Mr. Gabbert stated that negotiations have been taking place with the attorney for the McCarthy family for access to Wescott Road farther west. Councilman Egan stated that a decision would have to be made by the Council as to whether it would accept smaller single family lots where the development is not surrounded by other existing development, whether deviations should be allowed in a self -standing development, other than intended as a buffer, whether it should allow the terrain to be possibly more adversely affected than if higher density twin home lots were to be utilized. • City Administrator Hedges gave a rough sampling of the small -lot inven- tory in the City, with the inventory indicating that about 784 small lots under 12,000 square feet have been approved, and that about 109 duplex lots under 15,000 square feet.After considerable discussion, Thomas moved, Smith seconded the motion to approve the application, subject to the recommendations of the Advisory Planning Commission with the exception of condition No. 10 relating to access to the McCarthy property to the west from the bubble on the westerly north -south internal street, which would be excluded. Councilman Egan asked whether the number of low income and moderate income undersized lots is already excessive and also questioned whether the outlot designated for park property should be accepted by the City. There was concern by the Councilmembers that the proposed park was not usable park land and that the Park Committee may not have use for it. In addition, there would be no direct access to the property as proposed. Councilmembers questioned whether the City was required to accept it under the Planned Development Agreement. Those in favor of the motion were Thomas and Smith; those against were Egan, Blom- quist and Wachter. Blomquist then moved to continue consideration of the application until the Advisory Park Commission has submitted a recommendation as to utilization of the park, noting the lack of access and the fact that land directly to the west is not proposed to be acquired for park purposes. Egan seconded the motion, and all voted in favor. • 3 Council Minutes January 3, 1984 • CITY CODE UPDATE Mr. Hedges reviewed with the Council several proposed ordinance amend- ments and revisions that are in the process of being updated within the City Code. He stated that a meeting has now been scheduled with staff members and Roger Jensen for January 10, 1984 to review some changes, including dangerous weapons and articles, a revised curfew ordinance, a proposed Eagan alarm ordinance, an ordinance dealing with day care facilities, subdivision require- ments and miscellaneous others. The accessory housing ordinance and status offenses including loitering were discussed by the Council. Egan moved, Wachter seconded the motion to direct the City Administrator to proceed with the annual review of the ordinances with final amendments to be submitted to the City Council for approval. All voted in favor. PROJECT 883-I - NORWEST UTILITIES The utilities for the Norwest Bank site at Pilot Knob and Yankee Doodle Roads have now been completed and staff recommended approval of the project. Upon motion by Thomas, seconded Wachter,.it.was resolved that the Council accept the utilities installed on Project 483-I for perpetual maintenance. • All voted yes. PROJECT 482-E - OAKWOOD HEIGHTS ADDITION The utilities installed for the Oakwood Heights Addition project have been completed by the developer and have been tested and inspected and the staff recommended that the council accept the utilities under the project for perpetual maintenance. Upon motion by Wachter, seconded Thomas, it was re- solved that the recommendation of the staff be approved and implemented. All voted yea. PUBLIC OFFICIALS' LIABILITY INSURANCE Mr. Hedges stated that a request for bids was submitted to several insur- ance companies for public officials' liability insurance and they have not all been returned. He recommended the Council continue consideration to the next regular meeting. Smith moved, Thomas seconded the motion to continue the discussion until the next meeting in January of 1984. All voted in favor. NEW CITY HALL OPEN HOUSE Councilmembers discussed several alternate dates for an open house for the City Hall, noting that the landscape screens will not be received until • early February. Sunday, February 5, 1984 from 1:00 p.m. to 3:00 p.m. was selected as the date for the Open House. 4 Council Minutes • January 3, 1984 SPECIAL CITY COUNCIL MEETING A special City Council meeting was scheduled for January 10, 1984 at 7:00 p.m. to interview applicants for the Advisory Park Commission and Advisory Planning Commission. :11 The Councilmembers acting as the ,Eagan Housing and Redevelopment Author- ity upon motion by Smith, seconded Egan scheduled a special meeting of the Eagan HRA for February 7, 1984 at 6:30 p.m. regarding the comments received relating to the race facility tax increment financing. All voted in favor. It was understood that the City Council will convene immediately following the adjournment of the HAA meeting. JOINT CITY LOBBYING CONFERENCE The City Administrator discussed with the 'Council the, fact that the • Council had budgeted for lobbying efforts in the Minnesota Legislature, within the area of local government aid. He indicated that meetings had been held with managers and administrators from approximately 10 to 12 suburban com- munities, and proposed a Joint Powers Agreement regarding lobbying efforts for LGA. There was also discussion concerning the Fiscal Disparities Act and it was noted that -the same communities may not have similar interests regarding both issues. Councilmembers indicated that. they would be interested only in lobbying efforts regarding local government aid and upon motion by Smith, seconded Egan, it was resolved that the City Administrator be authorized to continue disussion with the suburban communities and to present a Joint Powers Agreement proposal to the City Council at a later time. All voted in favor. , ,�i • ;ice:�,�w Upon motion duly made and seconded,. the meeting adjourned at 9:40 p.m. City Clerk 5 PHH J 0 ADMINISTRATIVE AGENDA EAGAN CITY COUNCIL REGULAR MEETING JANUARY 17, 1984 CITY ATTORNEY CITY ADMINISTRATOR 1. Cable Television Update 2. Open House 2-5-84 3. Municipal Center Plaque DIRECTOR OF PUBLIC WORKS 1. Procedure for Requesting Speed Limit Studies 191 • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 16, 1984 SUBJECT: ADMINISTRATIVE AGENDA The following items are considered for the Administrative Agenda: CITY ATTORNEY There are no items to be considered under City Attorney at this time. CITY ADMINISTRATOR 1. Cable Television Update -- Group W is proposing to change the original construction intent to build a headend in the central part of Eagan and a hub someplace in Burnsville. Group W is proposing to consolidate the headend and hub to a single headend hub location • on the approximate corporate boundary of Burnsville and Eagan some- where in the Cedar Avenue corridor area. City Councilmember Smith and City Administrator Hedges would like to discuss this change with the City Council before the joint commission proceeds any far- ther with this matter. It will be explained as to how the commis- sion plans to evaluate the changes that are proposed by Group W and also what impact this change would have on the original con- struction schedule. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize, at least in concept, approval or disapproval for the joint Burnsville/Eagan Cable Commission to study and evaluate a single headend as proposed by Group W. 2. Open House, 2-5-84 -- The City Administrator would like to briefly outline the plans for the Open House on February 5, 1984 and would welcome any input the City Council might have and any additional provisions they might desire for that occasion. 3. Municipal Center Plaque -- Apparently, the plans and specifica- tions did not provide for a plaque dedicating the new Municipal Center. It is recommended that a plaque consistent with the plaque recognizing the Police Department building and also the dedication of the flag pole be ordered through St. Paul Stamp Works, Inc., for later mounting in the entry of the new Municipal Building. •The cost is estimated at $700 for this plaque. The City Administra- tor has a copy of the plaque that was prepared for the Police De- partment Building that will be available for review if desired at the meeting on Tuesday. There is no formal action required on this item. 19 91. Administrative Agenda Information Memo • January 17, 1984 Meeting Page Two • 11 DIRECTOR OF PUBLIC. WORKS 1. Procedure for Requesting Speed Limit Studies -- The Public Works Director has received a telephone request from a future resident regarding concern pertaining to the speed limit on Cliff Road adjacent to the Parkcliff subdivision. This citizen was directed to the Dakota County Traffic Engineer who referred it back to the City for their policy. It appears that the County will only perform speed studies on County Roads if formally requested to do so through a Council resolution. Therefore, the Director of Public Works would like to receive some guidelines from the Council as to what imput they would like to have before they will consider processing a formal resolution requesting speed studies on County roads. Some alternatives can be in response to a single complaint, receipt of a petition with a designated minimum number of signatures, etc. ACTION TO BE CONSIDERED ON THIS ITEM: To establish a policy for consideration for review of speed limits on County roads. 193 SUBJECT TO APPROVAL H3NUTES OF1 A REGULAR MEETING OF THE EAGANI CITY Comm RAGAN, MINNESOTA JANUARY 17, 198$ A regular meeting of the Eagan City Council was held on Tuesday, January 17, 1984 at 5:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and City �Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Consulting Engineer Rosene, City Planner Runkle, Public Works Director Colbert and City Attorney Hauge. AGENDA Egan moved, Wachter seconded the motion to approve the agenda as pre- sented. All voted yes. MINUT63 I January 3, 1984 - Regular Meeting. Wachter moved, Egan seconded the motion to approve the Minutes. All voted in favor. • DEPARTHEN P READ BUSINESS There were no items designated under Department Head Business. AGENDA Mr. Colbert discussed Project 0349 concerning the feasibility report for the Blue Gentian Road area, and Project ¢372 regarding the feasibility report for I -35E utility crossings and streets, with the,Counc11members. He recom- mended that the feasibility reports be received and the public hearings be scheduled, although federal funding has not been completed by the Minnesota Department of Transportation. However, MnDOT is committing state funding and indicated that on February 24, 1984 the advertisement for bids will be placed by MnDOT to be opened on April 1, 1984. He explained the participation in the projects by the City of Eagan proposed for street and utility projects and the need to acquire Council direction concerning assessments. There was discus- sion concerning the policy regarding residential, commercial and industrial equivalent assessments and it was recommended the City treat owners basically equal for comparable improvements. The following consent agenda items were recommended for approval by the staff: I 1. Contractors' Licenses. It was recommended that the Council continue 0 the consideration of'contractors' licenses until February 7, 1984. Council Minutes January 17, 1984 2. Elizabeth Witt _ Deputy City Clerk. It was recommended that Eliza- beth Witt be designated as Deputy City Clerk since the Administrative Assis- tant's position in Finance will be assuming Deputy City Clerk responsiblities. It was also recommended that Loreen Lee be removed as Deputy City .Clerk as part of the reorganization in Administration and Finance. 3. Personnel Matters. It was recommended the following persons be considered for the respective positions: Judy Jenkins and Karen Finnegan be recognized as full time permanent instead of full time temporary, each working 20 hours per week; Holly Duffy be selected to fill the Administrative Assis- tant's position within Administration; Liz Witt selected to fill the Admini- strative Assistant position in Finance; James L. Sturm be selected under the MEED program as a landscape architect/planner to work in the Park Department for the duration of the MEED program, which is 6 months; that Marilyn Wucherpfennig be hired in the position of Receptionist/Clerk Typist. • 4. R. C. Dick's Foods - Off Sale Non -Intoxicating Liquor License. It was recommended that the transfer of the off -sale non -intoxicating malt liquor license to R. C. Dick's Foods (formerly Applebaums) be approved. • 5. I -35E Utility Crossings, Feasibility Report _ Project 0372. It was recommended the feasibility report for Project 0372 consisting of utility crossings and street for I -35E be accepted and that a public hearing be scheduled for 7:00 p.m. on February 21, 1984 at the City Hall. 6.. Blue Gentian Road - Streets - Project 0149_ It was recommended the feasibility report for Project 0349 consisting of street improvements for Blue Gentian Road be received by the Council and that a public hearing be scheduled at the City Hall for 7:00 p.m. on February 21, 1984. 7. Lexington Avenue - Street Vacation. A petition has been received from a property owner requesting the existing alignment of old Lexington Avenue south of County Road 030 be vacated in conformance with the approved preliminary plat of Kensington Place. It was recommended that the Petition be received and that the public hearing be scheduled for the street vacation for old Lexington Avenue for 7:00 p.m. on February 7, 1984 at the City Hall. Upon motion by Wachter, seconded Egan, it was resolved that the foregoing consent agenda items be approved as recommended. All voted in favor. • 2 • Council Minutes January 17, 1984 a ALIOUIST LABS - PUBLIC HEARING - PROJECT 0393 The Mayor then convened .the public hearing concerning Project #393 re- garding trunk storm isewer outlet to Almquist Lake. Mr. Colbert introduced the project and Consulting Engineer Bob Rosene reviewed the report in some detail. He indicated the only need is to add two pumps, noting that the building and the storm sewer pipe had already been installed. Several neighboring owners appeared with questions and it was noted that no new building will be planned. There was concern primarily about the gravel access road to be installed and requested the gravel road be eliminated, if possible. The concern was that public access to the pond would be used by people in the area. Mr. Colbert explained the need for routine maintenance and recommended the gravel base road be installed to handle necessary equipment for maintenance purposes. He stated that there would be a gate at Covington Lane and recommended there be no change in the plans. ,After discussion, Wachter moved, Smith seconded the motion to close the hearing, to order in the project and to order the plans and specifications. All 'voted in favor. PROJECT 037- CEDARVALE 2ND ADDITION S 3 TREET & STORM SEWER NEARING • The next public I hearing convened by Mayor Bea Blomquist concerned Project #373 regarding streets and storm sewer improvements in Cedarvale 2nd Addition. On December 6, 1983 the City Council received the feasibility report after having the consulting engineers and the public works department study the project for many months., Mr. Rosene and Mr. Colbert reviewed the project and stated that many meetings have been held with affected• property owners, noting that Perkins and Rax had originally asked for changes in the street alignment, including storm sewer with proposed access directly to Cedarvale Blvd. The owners of the Mister; Donut Restaurant requested there be no change in access but only upgrading the access locations. Several alternates were also shown graphically and it was noted that cost estimates are available for each. Mark Koob of Minnesota Federal appeared and objected to sharing in costs for street improvements along Country Club Market. There was considerable discussion concerning various alternates and Councilmembers generally recommended that the entire frontage area from Silver Bell Road to Rahn Road be improved. Greg Blaufuss of Perkins Restaurants, stated that Perkins is anxious to have the City approve the project and commence the work. There were questions con- cerning whether the Rax and Perkins owners should help pay for the public street and it was noted that the liability issues and adequate access for each of the businesses were issues that should be further studied. Blomquist moved, Smith seconded the motion to continue, the hearing until a further meeting and to invite all affected property owners to a Council workshop session to discuss the various alternates. Dick Stryker also was present and stated he did not object to the upgrading of the public street. All voted in favor. r 1 U r Council Minutes January 17, 1984 • LIQUOR LICENSE POLICY CHANGE Mr. Hedges stated that a request from the two licensees holding the inoperative licenses have been contacted concerning the proposed liquor license policy change and responses have not been received. He recommended continuance. Smith moved, Thomas seconded. the motion to continue the request for off -sale liquor license policy change and also the application 'of Perrier h Associates, Inc. for off -sale liquor license in Hilltop Plaza until the February.7, 1984 regular meeting. All voted in favor. LEXINGTON SOUTH PARKLAND DEDICATION - The Advisory Parks and Recreation Commission reviewed proposed Lexington South Planned Unit Development parkland dedication in some detail at its meeting on January 5, 1984 and also a specialmeeting on January 10, 1984. Jim Curry was present at the current meeting and Park Director Ren Vraa reviewed with the Council proposed locations for parks proposed to be dedi- cated by Mr. Curry in the Lexington South PUD to fulfill all park dedication requirements. Proposed land to be dedicated would consist of 102.1 acres after the application of credits, noting 115.3 acres would be required with • 13.1 acre deficiency including a 1.4 acre 0utlot sought for Capricorn Park with 142 gross acres initially shown on the PUD for dedication of park. It was also proposed to spread park contribution in the commercial area, at the rate of $1,000.00 per acre, noting there are about 160 acres in the commercial area with a 10% escalator clause annually, which contributions would be made at -the time of grant of building permits for each commercial building, according to City policy. Mr. Curry agreed with the proposal of the APRC and also stated that he would gift approximately 8 acres in the proposed Westbury plat without cost or park credit. After extensive discussion, Thomas moved, Egan seconded the motion to accept the recommendations of the Advisory Park and Recreation Commission as far as -park land dedication within the Lexington South PUD and that the staff -and the developers proceed to complete the dedication of land, if possible during 1964. All voted in favor. i The next matter considered by the Council was the application of;Gabbert Development Co, for preliminary plat approval of Westbury Addition consisting of 47 acres and containing 129 single family lots and 28 twin -home lots. Mr. Gabbert briefly reviewed the proposal made at the regular meeting of January 3, 1984 and stated that the developer and owner would give the Council an -option whether to accept the proposed park land for park or to continue the lot lines of,the-single family lots to the west property lines. It would make" a reduction in density from 3.79 units per acre to 3.1 units per acre if the .property is not dedicated as park land. Councilman Wachter was concerned • 4 Council Minutes January 17, 1984 A about the liability and maintenance responsibilities if the property.is deeded and therefore, stated that because it is not intended to be part of the park program, he recommended against acceptance of the dedication. Councilman Smith favored accepting the property for long-term benefit. Wachter then moved to approve the application for preliminary plat approval, subject to the Advisory Planning Commission recommendations, but that the park not be accepted by the City. There was no second and the motion died. Mr. Vraa suggested that if the property is accepted, it be accepted as open space and not as park land. Councilman Egan stated that he felt that the increase in the lot value would be nominal and that the increase in the tax base would be very small if the property is not accepted for open space. Smith then moved, Thomas seconded the motion to approve the application for preliminary plat and accept the land as open space, without cost to the City, or park credit to the developer, including,the following conditions: 1. That an easement or title transfer of a parcel up to 20 foot wide be dedicated to the City of Eagan for access to the open space property at such location designated by the City staff. 2. The plat shall be subject to Dakota- County Plat Commission review • since it abuts on a County Road (Lexington Avenue). 3. A homeowners association shall be organized for the twin homes. Bylaws and restrictions shall be submitted and shall be reviewed and approved by the City prior to the approval of a final plat. 4. All buildings and garages shall meet .the minimum setback require- ments established in Chapter 11•of the Eagan City Code. 5. The developer shall be required to construct an eight -foot asphalt trail, to ,the minimum specifications approved by the City Engineer, along Lexington Avenue. The developer shall also be required to provide the neces- sary 10 foot right-of-way for the development of a trial. 6. . A detailed landscape plan shall be prepared for those lots which back upon Wescott Road and Lexington Avenue in order to provide a rear yard screen. This landscape plan shall be submitted for staff review with the final plat and approved. by the City Council with the approval of the final plat. 7. If the applicant requests a model home and/or sales office, it shall be approved by the City with the approval of the final plat. 8. An architectural review board shall be organized by the developer and shall assure that an architectural theme be complied with. is 9. No additional variances will be allowed other than those authorized under the application for lot sizes and widths. 5 Council Minutes January 17, 1984 • 10. Any costs incurred due to the necessity of the relocation of the Williams Brothers pipeline under the Wescott Road access shall be the sole responsibility of this development. 11. A 55 foot half right-of-way shall be dedicatd for Lexington Avenue. 12. All internal easements. shall be dedicated in accordance with staff recommendation. 13. This development shall be responsible for the trunk area storm sewer assessments at the rate in effect at the time of final plat approval. 14. All costs associated with the internal streets and utilities shall be the sole responsibility of this development: 15. The developer shall pursue acquisition of the 10 -foot strip along Wescott Road to move the access road to Wescott further west than proposed. 16. Lot sizes will conform to the preliminary plat as proposed with the exception of necessary lot changes due to road -installation. All voted in favor except Wachter who voted no. • NAEGELE OUTDOOR ADVERTISING - CONDITIONAL USE PERMIT An application from Naegele Outdoor Advertising Co. for conditional use permit for advertising sign located in the southwest quadrant of Nicols Road and railroad right-of-way on Trunk Highway 077 was then considered by the Council. It was noted that an application by National Advertising Co. for an advertising sign near the same location was denied at the Council meeting on Decemebr 20, 1983 and the present application has been continued several times since late summer 1983. The Advisory Planning Commission recommended denial. Mr. Runkle reviewed the application and a representative of Naegele was present to answer questions. Discussion primarily dealt with size and height, noting that the height proposed extends 19 feet above the roadway level and 50 feet above the lot level with the proposed sign 468 square feet which would require approval by the City Council when on a limited access highway. After discussion, Smith moved, Thomas seconded the motion to approve the applica- tion, including the proposed size at 468 feet and the height of the sign 50 feet above the lot level, with the understanding that the existing Naegele sign on old Cedar Ave. be removed at the railroad right-of-way and further, subject to all other sign ordinance requirements. Those in favor were Smith, Thomas and Egan. Those against were Blomquist and Wachter, with Councilman Wachter indicating that the advertising sign would create a blight within the -- Minnesota Valley area entering Eagan. • N Council Minutes • January 17, 1984 NARGELE OUTDOOR ADVERTISING CO. - CONDITIONAL 0SE'PBRlIIT APPLICATION An application by Naegele Outdoor Advertising Co. for a 360 square foot sign with extenders on the northwesterly access road of Highway 013 and Trunk Highway 077 was considered by the Council. A representative, from Naegele was present and It was noted" that the sign appeared to comply with City ordinances except for the sign square footage. It was further noted that the ramp was on a limited access road and the representative indicated that the objective is for a standardized sign for advertising purposes. The location will be on the Sill Addition industrially zoned property and it was noted that the sign must be removed at the time of the sale or development, according to the lease. Smith moved, Egan seconded the motion to approve subject to the following: 1. The sign will be removed upon sale or development of any of the Michael Sill Addition property. 2. The sign shall not exceed 372 square feet plus extensions for a maximum of 450 square feet. 3• Subject to all other sign ordinance requirements. is Those in favor were Egan, Smith and Thomas. Against were Wachter and Blomquist. ORGANIZATIONAL BUSINESS FOR 1984 1. Acting Mayor. Councilman James Smith was reappointed by the Mayor as the acting Mayor for the City of Eagan for the year 1984. 2. Legal Newspaper. Wachter moved, Egan seconded the motion to desig- nate the Dakota County Tribune as the legal newspaper for 1984, noting the Chronicle has terminated legal notice publications. The Tribune publishers have indicated that the Eagan This Week will include the legal notifications also, even though it is not eligible as a legal newspaper. All voted in favor. 3. Depositories. Smith moved, Thomas seconded the motion to retain the same depositories according to the schedule that is attached to the packet with the understanding that the City Administrator. will present information to the Council at a later time concerning RFPs for the general depository. All voted yea. 4. Posting Place. Egan moved, Wachter seconded the motion to designate the Eagan Municipal Center and the legal newspaper as the official posting places with the understanding that notice will also be posted in the Police • Department lobby, unofficially. All voted yes. 7 Council Minutes January 17, 1984 5. Advisory Planning Commission Appointments. The following persons have indicated an interest in becoming members of the Planning Commission in addition to Charles Hall and Garrett Mulrooney who have applied for reappoint- ment. They include Vic Ellison, Scott Merkley, Roy Taylor and James D. Wannigman. Upon secret ballot, Charles Hall and Garrett Mulrooney were elected for three year terms and Scott Merkley as an alternate for one year. 6. Advisory Park and Recreation Commission Appointments. It was noted there are three openings for three year terms and those reapplying for a membership are Mike Fedde, Roger Martin and Sandra Masin. New applicants were Tom Ketchum, Thomas R. Parker and David Reilly. Those elected were Tom Ketchum, Sandra Masin and Roger Martin. • 7. Park and Recreation Commission Task Force. At a special joint meeting of the City Council and -the APRC of November 22, 1983, it was recom- mended that the special citizens task force be developed to review the working proposal of the APRC in anticipation of the park bond referendum. On December 6, 1983, the task force was established and 21 persons have been nominated to the task force. The names. were reviewed by Councilmembers and Egan moved, Wachter seconded the motion to appoint the 21 persons and further, that Park Committee members and Planning Commission members be invited to join the task • force. All voted in favor. 8. Air Traffic Noise Committee. A committee has been designated by the City Council to study the impact of noise on the City residents and businesses and to make recommendations to the City Council for methods to alleviate excessive air noise. Those expressing an interest were Tom Baker, Don Giblin, John Gustin, Joe Harrison, Bart Schmidt, Roger Sperling, Dick Victor and Bob Swenson. Wachter moved, Smith seconded the motion to appoint the foregoing persons subject to acceptance by each of them. All voted in favor. 9. Assessment Committee. It was noted that Art Rahn has resigned as a member of the Assessment Committee. Blomquist moved, Egan seconded the motion to accept the resignation of Rahn and to appoint Don Knight, Dale Vogt, Mayor Blomquist, Councilmember Egan, or Advisory Planning Commission member desig- nated by the Commission, and in addition, Bill Rydrich as a member of the Assessment Committee. All voted in favor. It was also suggested that a member of the Park Committee be invited to join the Assessment Committee. 10. Health Officer. Dr. Arthur Wineman of the Cedarvale Medical Clnic has been contacted and agreed to serve as Health Officer for the City for 1984. Upon motion by Smith, seconded Wachter, it was resolved that Dr. Wineman be so selected. All voted in ,favor. 11. City Council Meetings. Upon motion by Egan, seconded Thomas, it was resolved that the City Council meet regularly on the 1st and 3rd Tuesday of • each month at 6:30 p.m. at the Eagan City Municipal Center. All voted yea. V Council Minutes • January 17, 1984 -sus;!�a..t r•e.o J 12. Committee Appointments. Mayor Blomquist appointed the following persons to the committees designated: Personnel Committee - Councilman Ted Wachter. and Councilman Jerry Thomas with Jerry Thomas as Chairman. Finance Committee - Councilman Smith and Mayor Blomquist as Councilman Smith as Chairman. Community Development & Public .Relations Committee - Council - members recommended and the Mayor designated the Committee as Liaison to the Star City Program committee with Councilman Smith as Chairman. Public Works Committee - Councilman Thomas and Councilman Egan with Councilman Egan as Chairman for 1984. APRC Liaison - Councilman Thomas was reappointed as the Liaison to the Park Commission. Advisory Planning Commission Liaison - Councilman Egan was reappointed as the Liaison from the Council. • 13• Fiscal Consultant. Upon motion by Smith, seconded Egan, It was resolved that Miller & Schroeder Municipals be appointed as the Eagan Fiscal Consultant for 1984. All voted yea. 14. Legal Consultant. Egan moved, Wachter seconded the motion that the firm of Paul Hauge & Associates be reappointed as the legal consultants for the City for the year 1984, with the schedule of proposed legal fees approved as submitted. All voted in favor. 15. Parks Planning.Consultant. Smith moved, Egan seconded the motion that the firm of Urban Planning & Design was appointed according to the fee schedule submitted as the planning consultant for 1984 and the firm of Erkkila & Associates as Park Planning Consultants for 1984.' All voted yea. A. J. ADDITION - PRELIM7AARY PLAT The application of Tri -Land Company, Inc. and Bradley Swenson for pre- liminary plat approval of A. J. Addition containing two single family lots was next reviewed by the Council. Mr. Runkle reviewed the background, noting that an application for approval of the preliminary plat had been submitted in August of 1983 and was denied, based on health and safety factors. The change was from 3 to 2 single family lots, with access -for one lot to Lone Oak Road and one to Eagan Avenue. The Advisory Planning Commission made no recommenda- tion due to a 3 - 3 vote. There were no objections at the present time and • Mr. Swenson was present to answer questions. Smith moved, Thomas seconded .the motion to approve the application, subject to the following recommendations: 7 Council Minutes January 17, 1984 1. The plat shall be subject to the Park Commission's review and com- ment for the newly created lot. 2. A development agreement shall be entered into and signed by the applicant prior to final plat approval. 3. The plat shall be subject to Dakota County Plat Commission's review and comment because the. plat abuts County Road 26 (Lone Oak Road). 4. Cross easements shall be established for the common entrance for Lots 1 and 2, and only one access shall be allowed. 5. All other City ordinances shall be complied with. 6. A detailed grading and erosion control plan shall be submitted for approval by the Engineering Department. • 7. If installed privately, the plans and specifications for utility service connections shall be prepared by a registered engineer and submitted to.the Engineering Department for approval. 8. A 50 foot half right-of-way shall be dedicated for Lone Oak Road • (County Road 26) for public right-of-way. 9. Easements shall be dedicated as recommended by City staff. 10. water area, sanitary sewer area, and lateral benefit from trunk water main (to the extent it applies) shall be the responsibility of this development. 11. All costs for utility installation, grading, etc. shall be the sole responsibility of this proposed development. All voted yes, except Councilman Egan abstaining. BERKSHIRE PONDS - PRELIMINARY PLAT The application of Derrick Land Company for rezoning from A (Agricul- tural) to R-1 Planned Development to allow for deviation from the R-1 zoning district lot sizes and lot width requirements and preliminary plat approval of Berkshire Ponds containing 26.95 acres with 73 single family lots was pre- sented to the Council. The Advisory Planning Commission on December 15, 1983 recommended approval of both applications, subject to conditions. Mr. Runkle reviewed the background and also the action of the Park Committee recommending its acceptance of land for proposed park purposes. He noted there were two • changes in the recommendations from the original proposal in that now the lots 10 Council Minutes • January 17, 1984 r have a minimum 65 foot lot width at the 30 foot setback and turn arounds have now been provided on all lots fronting on Galaxie Avenue. Dave Sellergren, attorney, appeared for the applicant and noted that access could be acquired .directly north to the land zoned RB. He also reviewed.a letter that he had submitted dated January 10, 1984 arguing that the site is isolated from the standard single family lot developments, that the proposal is better adapted to the physical setting and the'surrounding lands, it is located between a community collector street and 1-35E and .that the smaller lots are consistent with the needs of potential home buyers. He recommended that the City accept the open area for park purposes and noted that if the area was not accepted that the lot lines would be extended to the westerly boundary line. Council- man Wachter was concerned about the undersized lots and Councilmembers generally opposed taking the land for park purposes according to the APRC recommendation. They discussed the possible alternate of a homeowners asso- ciation to maintain the open space. Smith moved, Thomas seconded the motion to rezone the property to R-1 Planned Development. There was discussion concerning a housing density study prepared by intern Ed Meister dated January 1984. Councilman Egan recommended reviewing the housing, section of the Com- prehensive Guide periodically and that .the housing density report be reviewed in detail. All voted in favor. Smith then moved, .Thomas seconded the motion • to approve the application for preliminary plat approval, subject to the following conditions: 1. The City shall not accept the proposed land for park purposes, but recommended that a homeowners association be considered to own and maintain the proposed open space. 2. A planned development agreement shall be executed in accordance with the specific plan approved by the Advisory Planning Commission and City Council. 3• Deviations from lot size for R-1 shall be allowed in accordance with this specific plan. 4. The plat shall be reviewed by the Minnesota Department of Transpor- tation because the plat abuts State rights-of-way. 5. All lots shall contain a minimum of 65 foot lot widths at the 30 foot setback. 6. The detailed grading and house elevation exhibit shall be amended to include the type of unit being proposed on the lots. This exhibit shall be submitted prior to final plat application. (No other ordinance deviations shall be allowed). • 7. A detailed grading and erosion control plan shall be submitted for approval incorporating additional grading required to incorporate the storage volume in Pond AP -16 lost to the proposed grading. 11 Council Minutes January 17, 1984 • 8. An approved method of interconnecting the two ponds incorporating Pond AP -16 shall be determined. 9. If installed privately, plans and specifications for internal streets and utilities shall be prepared by a registered engineer in accordance with City standards and submitted to the Engineering Department for approval. 10. Access to Galaxie Drive shall be allowed for three lots with no building permit to be allowed without ability for automobile turn around. 11. The north -south dead-end street shall be eliminated and replaced with a cul-de-sac. 12. Ponding easements incorporating the high water elevation of Pond AP - 16 shall be dedicated as a part of this plat. 13. All internal easements shall be dedicated as required by staff. 14. The southerly east -west publicly -dedicated right-of-way shall be 60 feet. 15. Adequate right-of-way for Galaxie Avenue shall be dedicatd to pro- • vide a 50 foot half right-of-way. 16. This development shall accept its responsibility for trunk area storm sewer assessments at the rate in affect at the tme of final plat approval. . 17. The cost of providing all internal utilities and streets shall be the sole responsibility of this development.. All voted yea. laA J71T!Sakti:��:T:Tya7Fild:[h:�'I:i+?r"�iri�i�7:1�] The application of Jeffrey and Diane Kemp for 20 foot side setback variance to the 50 foot requirement along Wescott Road for single family home was presented to the Council. The -lot was Lot 1, Block 3, Drexel Heights Addition and it was noted by Mr. Runkle that an approximately 20 foot gap, due to the section line separation along Wescott Road increased the distance from the road right-of-way for the proposed house. Mr. and Mrs. Kemp were present and explained the terrain features of the property and the reason for their request. Wachter moved, Egan seconded the motion to approve, noting the hardship and special circumstances involved, subject to the following: 1. A minimum of 30 feet shall be maintained from the southerly property • line. 12 Council Minutes • January 17, 1984 I 2. All other required ordinances be adhered to. All voted in favor. MUNICIPAL CENTER CHARGE 0RDE_RS AND FINAL PEES Tom Hedges reviewed with the Council the proposed final change orders for the Municipal Center, including emergency lighting and elevator equipment room. Also, Jack Boarman was present and requested approval of the final architects fee which had now been compromised in some detail with the City Administrator and the City Adinistrator recommended approval. Smith moved, Egan seconded the motion to approve Change Orders 03 and U4 and to approve the final architectural fees. All voted yes. PUBLIC .OFFICIALS LIABILITY INSURANCE • It was noted that .the renewal premiums recommended by Unimark for public officials' liability insurance reflected a 42% increase and, therefore, the Finance Director and City Administrator recommended new quotes for the insur- ance. Bruce Medvec, the agent of record, has now received quotes from St. Paul Surplus Lines Insurance Company and L. W. Biegler Company of Chicago representing International Surplus Lines Insurance Company. The L. W. Biegler bid was for $9,300.00 for a three-year period and was recommended for approval. Wachter moved, Thomas seconded the motion to accept the recommenda- tion of the staff and Mr. Medvec and award the insurance contract to L. W. Biegler Company. All voted yes. • JOINT POKERS AGREEMENT - DEVELOPMENT OF•LEGISLATIVE PROGRAM The City Council had authorized the concept of entering into a. joint powers agreement to hire a lobbyist with several other metropolitan suburbs and City Administrator Tom Hedges has met with representatives of several suburban communities. Interviews have been held with bidders for the lobbying position and he recommended that a one year Joint Cooperative Agreement with the metropolitan suburbs be entered into and the Mayor and Clerk be authorized to execute the Agreement. Egan moved, Wachter seconded the motion to approve the recommendation. All voted in favor. 13 Council Minutes January 17, 1984 E NON -MON CUFMWSATION FOR 1984 It was proposed that all non-union personnel receive a 4.5% increase in salary for 1984 and that the City qualify an IRS program to allow certain tax consideration 'for employee amounts contributed and payment for insurance premiums. Upon motion by Smith, seconded Thomas, it was resolved that the recommendation be approved and to authorize the City Administrator to prepare a request for proposal and to authorize an IRS ruling to allow before -tax adjustment for insurance contributions for such employees, and further to authorize the City Administrator to prepare a request for proposal and solicit quotes from reputable firms offering analysis work and salary compensation studies. All voted yea. 1984 POLICE ASSOCIATION CONTRACT The Police Association has agreed to a one-year contract totaling approximately 4.5% and the City Administrator recommended approval. Upon motion by Wachter, seconded Thomas, it was resolved that the recommendation and the contract be approved. All voted yes. • LONE OAK TREE The City Administrator and Parks Director have discussed with Kent Nerburn, 2650 Irving Ave. North, Minneapolis, Mr. Nerburn's proposal to pre- serve a portion of the Lone Oak Tree for the preparation of a sculpture for the City. Information concerning Mr. Nerburn's qualifications had been dis- tributed to the Council and councilmembers concerns, included primarily the proposed cost. Mr. Hedges was asked to contact Mr. Nerburn and acquire further information, particularly regarding cost of such a project. BOOSTER STATION d, RESERVOIR LAND ACQUISITION LEXINGTON SOUTH Negotiations have taken place between the staff and Jim Curry of Lexing- ton South concerning the purchase by the City of a 1.5 acre parcel for a water booster station reservoir on Lexington Avenue north of Diffley Road. The Public Works Director and Consulting Engineer recommended approval of the property to be purchased at $22,000.00 per acre or $33,000.00 for 1.5 acres. There was discussion concerning payment of 1984 taxes and the existing assess- ments totaling about $2,000.00. Mr. Curry was present and after discussion, Smith moved, Thomas seconded the motion to approve the authorization for acquisition of the property with the understanding that the real estate taxes for 1984 and all special existing, pending and levied assessments against the property be paid one-half by the City and one-half by the seller, and further • that 1.5 acres be acquired for the 'sum of '$33,000.00. All voted yes. 14 Council Minutes • January 17, 1984 AMM LEGISLATIVE POLICIES The AMM Legislative Policies had been distributed to members of the City Council and it was recommended that they be approved subject to comments from councilmembers. It was recommended.thata redefinition of urban district for purposes of setting the speed limits be reviewed by the. AMM Board. No other changes were recommended. RAGANDALE CENTER - PARES DEDICATION Mr. Hedges and Mr. Vraa have been meeting with representatives of North- western Mutual Life Insurance Company concerning the dedication of land or cash for property that's platted in the Eagandale Center Industrial Parks and it was recommended that a parcel of land on the east side of LeMay Lake be dedicated for park purposes. Considerable negotiations have taken place and it was recommended that the Council approve the acceptance of approximately 3.5 acres from Northwestern Mutual Life Insurance Company as proposed by the staff. Smith moved, Thomas seconded the motion to accept the recommendation and to authorize the completion of negotiations- with the owners. All voted in • favor. r1 U PARK DEDICATION PEPS The APRC has reviewed park dedication fees presently charged by the City and recommended that the Council increase the park dedication fees by 5% to a base of $10,500.00 per acre, to be effective January 1, 1984, providing for $420.00 per single family .unit, $348.00 per townhouse unit, and $265.00 per apartment unit. Justification for the change in fees was discussed by the Council and Mr. Vraa was present to answer questions regarding the proposed increase. Thomas moved, Wachter, seconded the motion to approve the recommen- dations and order them implemented for park dedication purposes for 1984. All voted yea. MnDOT PLANS AND SPECIFICATIONS FOR I -35B CLIFF ROAD TO LONE OAK ROAD The plans and specifications for I -35E from Cliff Road to Lone Oak Road were submitted to the Council for review and discussion. Mr. Colbert explained the plans that were presented by the Minnesota Department of Trans- portation and recommended the Council approve them. Egan moved, Wachter seconded the motion to approve the detailed plans and specifications for S.P. 1982-65, 68, 100 (I -35E from Cliff Road to Lone Oak Road) and authorize the Mayor and City Clerk to execute the related documents. All voted yea. 15 Council Minutes January 17, 1984 HORTRVIEW MEADOWS TRUNK UTILITIES - CONTRACT t83--2 The staff recommended final payment and acceptance of the Northview Meadows trunk and utilities under Contract 083-2, noting that $1,080.36 had been retained by the City because of the dispute that was submitted by George Trapp for damage allegedly occurring to his haybine pole, as a result of the construction activity in the vicinity of Northview Meadows subdivision. Staff recommended that the City authorize payment to Austin P. Keller Construction Co. of the remaining sum, noting that the staff members could not determine precisely who had caused the damage. Thomas moved, Smith seconded the motion to authorize the final payment, based upon the recommendation of staff. All voted yes. COACHMAN ROAD - FOUR OAKS ROAD — FEASIBILITY REPORT • Staff recommended the upgrading of Coachman Road and Four Oaks Road from Yankee Doodle Road to Trunk Highway 413 due to the recent development of Coachman Land Company 1st and 2nd Additions,, Coachman Oaks Apartments and Condominiums, and Coachman Highlands townhouse development and pending Country Glen Condominiums. Egan moved, Wachter seconded the motion to approve the • recommendation and authorize the preparation of feasibility report for Project 0348. All voted in favor. CONTRACT 084-1 - THUNK HIGHWAY 055 - LONE OAK ROAD Plans and specifications have now been received for Contract 084-1 con- sisting of trunk water main on Trunk Highway 055 and Lone Oak Road. Wachter moved, Egan seconded the motion to approve the plans and specifications and authorize the advertisement for bids to be opened at 10:30 a.m. on Thursday, February 16, 1984 at the Eagan Municipal Center. All voted in favor. SPEED LIMIT STUDIES The Public Works Director received a telephone request from a future resident concerning speed limits on Cliff Road adjacent to Park Cliff Addi- tion. Councilmembers directed the Public Works Director to make requests for speed limit determinations only when a reasonable percentage of residents affected in the area, petition for such speed limit reductions. UTILITY DEPARTMENT VAN Wachter moved, Thomas seconded the motion to authorize the purchase of a • utility department van through the Hennepin County Purchasing Unit as recom- mended by the Public Works Director. All voted in favor. W Council Minutes • January 17, 1984 FEBRUARY 5, 1984 - OPEN HOOSE. The Council has designated an open house for the new Municipal Center for February 5, 1984 between 1:00 and 3:00 p.m. NONICIPAL CENTER PLAQUE Mr. .Hedges stated that the plans and specifications do not provide for a plaque dedicating the new Municipal Center and recommended the approval of a plaque to be purchased from St. Paul Stamp Works, Inc. in the estimated cost of $700.00. Smith moved, Thomas seconded the motion to approve and implement the recommendation. All voted affirmatively. RACE TRACH RESOLUTION Councilman Smith submitted a proposed Resolution concerning diversion of air flight patterns over the race facility area, noting that the Council is strongly opposed to present flight patterns over residential areas. Smith moved, Thomas seconded the motion to approve the Resolution concerning the • location of air traffic over the race track facility to alleviate any objec- tion to deviation from the normal air traffic corridor. All voted in favor. ARTHUR RAHN - Councilmembers requested that a letter of appreciation be forwarded to Art Rahn for his long-time service on the Eagan Assessment Committee. Egan moved, Wachter seconded the motion to approve the following check- list dated: All voted yea. Wachter moved, Egan seconded the motion to adjourn the meeting at 1:00 a.m. All voted in favor. PHH • City Clerk 17 AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL JANUARY 17, 1984 6:30 P.H. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 — ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS A. Fire Department 1 C. Park & Rec. Department Q( B. Police Department 1 D. Public Works Department IV. 6:55 - CONSENT ITEMS ( One motion approves all items) A. Contractors' License.Applications e'' .1 B. Personnel Matters A. C. Designation of Elizabeth Witt as Deputy City Clerk P S D. Robert Dick for Transfer of Non -Intoxicating Malt Liquor Off - Sale License to R.C. Dick's Foods (formerly Applebaum's) L P E. Project 372, Receive Feasibility Report/Order Public Hearing (I -35E Utility Crossings & Streets) ' to F. Project 349, Receive Feasibility Report/Order Public Heairng (Blue Gentian Road - Streets) G. Receive Petition/Order Public Hearing,.Street Vacation (Lexington Avenue South of County Road 31) ` • V. 7:00 - PUBLIC HEARINGS a 9 I A. Project 393 (Almquist Lake - Trunk Storm Sewer Outlet) 11 B. Project 373 (Cedarvale 2nd Addition - Streets/Storm Sewer) P VI. OLD BUSINESS p3i' 1.3% A. Request for Reconsideration of Liquor License Policy Change P B. Off -Sale Liquor License Application, Perrier & Associates, Inc., for Hilltop Plaza (Pilot Knob & Diffley Roads) 3$ Q C. Review of Lexington South Park Land Dedication • �� D. Cabbcrt Dev., Dave Gabbert, for a Preliminary Plat for Westbury, P Consisting of Approximately 47 Acres & Containing 129 Single Family Lotr & 28 Twinhome Lots, in Part of the E7 of the NEI of Section 22. Lying S. of Wescott Road and W. of Lexington Ave. q E. NaegeLe Outdoor Advertising Company for a Conditional Use Permit o for rui Outdoor Advertising Sign Located in Part of Government Lot 8, Parcel 10-01800-021-57 in a Portion of the Southwest Quadrant of Nicols Road & Railroad Right -of -Way in the SE¢ of the SWC of Section 18 5 % F. Naegele Outdoor Advertising Co. for a Conditional Use Permit for Advertising an Sign Containing 360 Square Feet Located at the West 952.7 Feet of the' NEt of Section 19 in the Northwest _ Quadrant of Old Cedar;Avenuo and T.H. 13 • VII. i 65 1984 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS (See Attached Agenda) Eagan City Council Agenda January 17, 1984 Page..Two • VIII. NEW BUSINESS Q90A. Tri -Land Co., Inc., Bradley Swenson, for a Preliminary Plat, A.J. Addition, Containing 2 Single Family Lots Located in Part of the SW} of the SWk of Section 3 1b1jB. Richard H. Bloom, Derrick Land Co. for Rezoning from A (Agri- cultural) to R-1 PD (Residential Single Planned Development District) to allow a deviation from the R-1 Zoning District Lot Sizes and Lot Width Requirements & Preliminary Plat, Berkshire Ponds, Containing 26.95 Acres of 73 Single Family Lots Lcoated in Part of the SW} of the NA of Section 32 {7 4 C. Jeffrey and Diane Kemp for a 20' Side Setback Variance to the 50' Requirement Along Wescott Road Located on Lot 1, Block 3, Drexel Heights Addition in Section 15, T27N, R23W IX. ADDITIONAL ITEMS P1 73 A. Municipal Center Change Orders & Final Fee Iy3 B., 1984 Public Officials' Liability Insurance e14& C. Joint Powers Agreement /DeveLopment•,of Legislative Program Q' I D. Non -Union Compensation for 1984 P" 4 -IE. Radification of 1984 Police Association Contract • P. iyr� F. Lone Oak Tree Q. G. AMM Legislative Policies Eagandale Center/Parks Dddication 1984 Park Dedication Fees Consideration of MnDOT Plans & Specs (I-35 from Cliff Road P to one Oak Road) 1b5K. Consideration of Land Acquisition from Lexington South, Inc. �' -- Water Booster Station & Reservoir j6q L. Contract 83-2, Final Payment/Acceptance (Northview Meadows Trunk Utilities) Review Request/Authorize Feasibility Report (Coachman Road/ Q' Four Oaks Road - Streets) D I1 LN. Contract 84-1, Approve Plans & Specifications/Authorize Advertisement i for Bids (T.H. 55/Lone Oak Road - Trunk Utilities)' X. VISITORS TO BE HEARD (For those persons not on the agenda) XI. ADJOURNMENT VAGENDA. 1984+CALENDAR=IYEARi'CITYb:COUNCIL'aORGANIZATIONAL`' BUSINESS'' REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 17, 1984 VII. .1984 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS A. Acting Mayor B. Legal Newspaper C. City Depositories D. Official Posting Places • E. Advisory Commission & Committee Appointments (Resident) F. Health Officer C. City Council Meetings H. Committee Appointments (Council) I. Fiscal Consultant J. Legal Consultant K. Consultant Fee Schedules 0 0 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS • FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 12, 1984 SUBJECT: AGENDA INFORMATION MEMO - JANUARY 17, 1984 COUNCIL MEETING After approval of the January 3, 1984, regular City Council minutes and the agenda for the January 17, 1984, City Council meeting, the following items are in order for consideration: DEPARTMENTIHEAD' BUSINESS FIRE DEPARTMENT A. Fire Department -- There are no items to be considered under Fire Department at this time. Special Note: The City Administrator has discussed the manpower matter with the Fire Chief and a report will be forthcoming along with a presentation by the Fire Chief at the February 7, 1984, City Council meeting. POLICE DEPARTMENT • B. Police Department -- There are no items to be considered under Police Department at this time. PARKS AND RECREATION DEPARTMENT C. Parks and Recreation Department -- There are no items to be considered under Parks and Recreation Department at this time. The Director of Parks and Recreation will be present for a portion of the City Council meeting relating specifically to items C. and D. of Old Business on the agenda. PUBLIC WORKS DEPARTMENT D. Public Works Department -- There are no items to be considered under Public Works at this time. • Agenda Information Packet January 17, 1984 City Council Meeting • Page Two 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 place under Additional Items unless the discussion required .is brief. A. Contractors' Licenses -- Renewal of contractors' licenses for 1984 had been scheduled to be considered at this City Council meeting. However, bond requirements were changed for 1984. Con- sequently, correct documentation has not been received from many of the contractors seeking renewal. Therefore, this item should be continued until the February 7, 1984 City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To continue consideration of contractor licenses for 1984 until February 7, 1984. • • 2. Agenda Information Packet • January 17, 1984 City Council Meeting Page Three PERSONNEL MATTERS B. Personnel Matters -- There are several personnel matters to consider: 1. The equivalent of one full-time, temporary clerk -typist position has been filled to date by two individuals. This full-time position was approved as a permanent full-time position for 1984. The two (2) individuals that have filled the clerk -typist position, each working generally four hours per day, have been hired for the full-time status. Judy Jenkins and Karen Finnegan will be recognized as full-time permanent instead of full-time temporary, each working twenty (20) hours per week. 2. Holly Duffy has been selected to fill the Administrative Assistant position within Administration. 3. Elizabeth Witt has been selected to fill the Administrative Assistant position in Finance. • 4. James L. Sturm has been selected under the MEED program as a landscape architect/planner to work in the Park Department for the duration of the MEED program which is six (6) months. His salary will be compensated by that program. Mr. Sturm is a graduate in landscape architecture and has had some previous job experience with private consulting firms. • ACTION TO BE CONSIDERED ON THIS ITEM: All the above positions have .been approved previously by the City Council; therefore it is recommended that all five (5) persons as acknowledged above be officially hired for their respective positions with the City. 3 Agenda Information Packet January 17, 1984 City Council Meeting • Page Four DESIGNATION OF ELIZABETH WITT/DEPUTY CITY CLERK C. Designation of Elizabeth Witt as Deputy City Clerk -- Since the Administrative Assistant postion in Finance will be assuming Deputy City Clerk responsibilities, it is recommended that Elizabeth Witt be designated as Deputy City Clerk and that Lorene Lee be removed as the Deputy Clerk at this time. Since Lorene will be functioning as an accounting clerk and will not have responsi- bilities relating to Deputy Clerk, it is no longer necessary that she continue as a Deputy Clerk. The statutory City handbook states, "The position of Deputy Clerk is authorized in any statutory city but the Deputy must be appointed and removed only by the Clerk with the consent of the Council." It has been interpreted by the Attorney General's office that "with the consent of the City Council" means the Council must approve the Clerk's nominee for the position. There are no provisions for requiring bonding for the Deputy; however, according to the handbook for Minnesota cities, it is advisable that the Deputy Clerk be bonded. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint Elizabeth Witt as Deputy Clerk and that Lorene Lee be removed as Deputy Clerk as a part of •.the reorganization. in Administration and Finance. • • 4 Agenda Information Packet January 17, 1984 City Council Meeting • Page Five L • R.C. DICK'S FOODS/OFF SALE NON -INTOXICATING LIQUOR LICENSE D. Robert Dick for Transfer of Non -Intoxicating Malt Liquor Off - Sale License to R.C. Dick's Foods (Formerly Applebaum's) -- The Applebaum's supermarket located in the Cedarvale Shopping Center has been sold to Mr. Robert Dick who plans to operate R. C. Dick's Foods at that location. Mr. Dick has applied for an off -sale non - intoxicating malt liquor license which is currently held for that location by Applebaum's supermarket. The application has been in- vestigated by the Police Department and they have found no reason to deny the application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an appli- cation for off -sale non -intoxicating malt liquor license as applied for by Robert Dick for R. C. Dick's Foods in the Cedarvale Shopping Center (formerly Applebaum's). s Agenda Information Packet January 17, 1984 City Council Meeting Page Six PROJECT 372/ORDER PUBLIC HEARING E. Project 372, Receive Feasibiity Report/Order Public Hearing (I -35E Utility Crossings and Streets) -- On March 15, 1983, the City Council authorized preparation of a feasibility report for the installation of sanitary sewer crossings, trunk water main crossings, strorm sewer and street construction necessitated by the progression of I -35E from Cliff Road to Lone Oak Road. This feasibility report has been now been completed and is being pre- sented for consideration of the Council to order the public hearing for February 21, 1984. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the feasibility report for Project 372 (I -35E Utility Crossings and Streets) and authorize the public hearing to be held at 7:00 p.m. on February 21, 1984. PROJECT 349/ORDER PUBLIC HEARING F. Project 349, Receive Feasibility Report/Order Public Hearing (Blue Gentian Road - Streets) -- On October 6, 1981, in response to a petition from the developers, the Council authorized the preparation of a feasibility report for the installation of utili- ties and streets necessitated by the relocation of Blue Gentian Road west of T.H. 149 as a result of the progression of I-494. This feasibility report has now been completed and is being pre- sented to the City Council for their consideration of ordering.a public hearing to be held on February 21. This project is located within the proposed Robbins Addition which is the preliminary plat of the R.E.S. property located in the southwest corner of I-494 and T.H. 149. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report and order the public hearing for Project 349 (Blue Gentian Road - Streets) for 7:00 p.m. on February 21, 1984. RN • \J • Agenda Information Packet January 17, 1984 City Council Meeting • Page Seven LEXINGTON AVE./ORDER PUBLIC HEARING/STREET VACATION G. Receive Petition/Order Public Hearing, Street Vacation (Old Lexington Avenue - South of County Road 30) -- Enclosed on page __(&— is a petition staff received from the property owner re- questing that the existing alignment of old Lexington Avenue south of County Road 30 be vacated in comformance with the approved pre- liminary plat of Kensington Place. The developer is coming through with the final plat of Kensington Place which will require this vacation to be processed before this plat can be recorded at the County. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and order the public hearing for street vacation of old Lexington Avenue south of County Road 30 to be held at 7:00 p.m. on February 7, 1984. 171 0 0 • • NOTE: A copy of the petition will be included with the administrative packet on Monday. A Agenda Information Packet January 17, 1984 City Council Meeting • Page Eight PROJECT 393/ALMQUIST LAKE A. Project 393, Almquist Lake (Trunk Storm Sewer Outlet) -- On December 6, 1983, the City Council received the feasibility report and ordered the public hearing to be held for January 17, 198'4, to consider the installation of a trunk storm sewer lift station to provide a controlled outlet for Almquist Lake within the Johnny Cake Ridge and Brittany Manor Additions. Enclosed on pages ro through is a copy of the feasibility report for the Council's information during the public hearing process. As of this date, the staff has received some concerns from the property owner where the access road will have to be constructed for the installation of this lift station and subsequent permanent maintenance. Further details of this project will be provided by the consulting engineer, Mr. Bob Rosene, at the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the installation of Project 393. If approved, authorize the preparation of detailed plans and specifications. • • • REPORT ON ALMQUIST LAKE STORM SEWER LIFT STATION PROJECT No. 393 FOR CITY OF EAGAN, MINNESOTA 1983 FILE No. 49291 Be /f de�1 wredoo, Raore, 4m a 4macia&4 Jiro. e • B� Pw.iL Mtw�rosota 16 • A,&*4.4 a 2335 */. 7..-A A:ya.y 36 $l. P..4 Af _. 55113 /1K...: 612 - 636.4600 MMW 41-600-622.6573 November 9, 1983 Honorable Mayor and Council City of Eagan 3795 Pilot Knob Road Eagan, Mn. 55122 Re: Almquist Lake - Storm Sewer Lift Station Project No. 393 Our File No. 49291 Dear Mayor and Council: Transmitted herewith is our report for Almquist Lake - Storm Sewer Lift Sta- tion. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. -V?a C 0!�e �00" Mark A. Hanson MAH:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. - !~Maark A. Hanson Date: November 9, 1983 Approved Thomas A. Colbert, P.E. Director of Public Works Date: //-- / S `-, _3 0 7986b Reg. No. 14260 GM R. Cook, P.E. �l /i�:. A'Nr! A. Gmdmr. AL 60.ra• / Onn G. Bonruro., P.E. rM E x'o/ P.E. G R.b R', Rare, P.E. Rkft d W. F"m P.E. M J.PA C. AhA. P.E Rotrrt G. Slftwhl. P.E _ RradluM A. L. M& At- M.nl L S db. P.E. Rwu,dF. lurmr, P.E. D.W C. etrr,srdr. P.E. J.. C. Oh.n. Y.E. lm, A. Bo M.. P.E. Mmk A. U.... RE Fed K. F.M. P.E. MkhM C. R..,mm.m P.E. Rohr R. Pflffnk. P.E. CM/rn A. Er L. Lm M. ib.<6kr ll.rbn .N. Ofsm Re: Almquist Lake - Storm Sewer Lift Station Project No. 393 Our File No. 49291 Dear Mayor and Council: Transmitted herewith is our report for Almquist Lake - Storm Sewer Lift Sta- tion. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. -V?a C 0!�e �00" Mark A. Hanson MAH:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. - !~Maark A. Hanson Date: November 9, 1983 Approved Thomas A. Colbert, P.E. Director of Public Works Date: //-- / S `-, _3 0 7986b Reg. No. 14260 0 SCOPE: This project provides for the installation of the necessary equipment within the existing Almquist Lake (Pond LP -4) Lift Station structure. Also included is the construction of an access drive. Almquist Lake is located on the south side of Covington Lane approximately 1,000 feet east of Johnny Cake Ridge Road. FEASIBILITY AND RECOMMENDATIONS: This project is feasible from an engineering standpoint and is in accordance with Ithe Master Storm Sewer Plan for the City of Eagan. The project as outlined herein can best be carried out as one con- tract. However, it may be desirable to include the construction of the access drive with a street project in 1984 due to the extreme difference in the type of construction associated with the access drive and installation of the pumps and control panel. . DISCUSSION: The Almquist Lake Lift Station and force main was constructed and • completed in 1980 as part of the Johnny Cake Ridge Addition, Project No. 287. The 8" diameter force main was constructed from Almquist Lake to the 36 inch diameter storm sewer in Penkwe Way. This storm sewer discharges to Pond LP -57 which in turn discharges to Thomas Lake through a temporary lift station con- structed as part of Brown's Pond Outlet, Project No. 339. Included as part of the lift station construction in 1980 was the necessary inlet and outlet pip - Ing including all valves and the concrete structure. Therefore, construction proposed herein includes two 450 gallons per minute pumps (9.4 horsepower each) and the control panel. Electrical service for the lift station was pro- vided as part of servicing the Johnny Cake Ridge Addition in 1980 by Dakota Electric. Also included is construction of an access drive from Covington Lane to the lift station. The access drive is proposed to be 12 feet wide 7986b Page 1. /2, 0 with a 6 inch thick aggregate base. It is proposed to construct the access drive over the existing sanitary sewer which parallels the 8 inch force main. EASEMENTS: No permanent or temporary easements are required for construction proposed herein. Construction of the access drive will be confined -within the existing sanitary sewer easement and a portion of the ponding easement for Almquist Lake. AREA TO BE INCLUDED: CONSTRUCTION AREA Johnny Cake Ridge Addition Block 1, Lot 15 COST ESTIMATE: Detailed cost estimates are presented in Appendix A located at I the back of this report. The total !estimated project cost is $32,620 which includes contingencies and all related overhead. Overhead costs are estimated • at 27% and include legal, engineering, administration and bond interest. ASSESSMENTS: Costs associated with this project are not proposed to be as- sessed. Trunk area storm sewer assessments for this area were previously as- sessed as part of approval of the final plats for the Brittany Additions, Johnny Cake Ridge Additions and Beacon Hill. • REVENUE SOURCES: Revenue sources to cover the cost of this project are as follows: STORM SEWER lProj. Cost Revenue Balance Trunk '$32,620 1 Trunk Assessment - 0 - $32,620 - 0 - -$32,620 Page 2. 7986b l3 .I L • All caste associated with this project will be financed from the Trunk Storm Sewer Fund and are anticipated to be $32,620. SCHEDULE Present Feasibility Report Public Hearing Approve Plans b Specifications Open Bids Award Contract First Payment Due with Real Estate Taxes 7986b Page 3. 14 December 6, 1983 January 17, 1984 March, 1984 April, 1984 April/Kay, 1984 June/July, 1984 • APPENDIX A 11 n U 7986b $25,680 +27% Legal, Engrng., Admin. b Bond Interest 6,940 TOTAL .............................................. $32,620 Page 4. 15 COST ESTIMATE ALMQUIST LAKE - STORM SEWER LIFT STATION PROJECT NO. 393 LUMP SUM Pumps and control panel @ $20,700.00/L.S. $20,700 300 Cu.yds. Grading for access drive @ $4.00/cu.yd. 1,200 250 Ton Class 5 Aggregate base @ $7.00/ton 1,750 0.4 Acre Seeding w/topsoil @ $2,000.00/acre 800 Total $24,450 +5X Contingencies 1,230 11 n U 7986b $25,680 +27% Legal, Engrng., Admin. b Bond Interest 6,940 TOTAL .............................................. $32,620 Page 4. 15 14 2 17 18 15 16 CSV IIV TSN L NE Ex. 80D.I.P FORCE MAIN 14 PROPOSED 12' WIDE Ex. 18� .C.P. ACCESS ROAD 12 STORM SEWER 15 UTILITY S DRAINAGE /� Ex. LIFT STATION EASEME STRUCTURE PROVIDE PUMPS 9 CONTROLS Ex. 24° R.C. SAN: SEWER 10 PO ALMQUIST LAKE STORM SEWER LIFT STATION PROJECT No. 393 EAGAN , 0 100' 200' 3( Scale— In Feet FILE: 49291 MINNESOTA )6 1 . BONESTROO, ROSENE, ANDERUX & ASSOC.,, INC. Agenda Information Packet • January 17, 1984 City Council Meeting Page Nine PROJECT 373/CEDARVALE 2ND ADDITION B. Project 373, Cedarvale 2nd Addition (Streets and Storm Sewer) - On December 6, 1983, the City Council formally received the feasibility report and ordered the public hearing to be held on January 17, 1984. Detailed copies of the feasibility report were sent to all potentially affected property owners for their review and comment. Because this construction affects existing businesses, several concerns have been addressed to the Public Works Director and the consulting engineer pertaining to the proposed improvements. Subsequently, the Director and the Consul- tant have been meeting with the affected businesses to try and resolve their concerns. It is anticipated that at the public hearing, several comments, concerns, 'and potential objections will be raised pertaining to potential modifications from the proposed improvements contained within the feasibility report. A copy of the feasibility report is provided on pages Q through �_for the Council's information and review during this public hearing process. ACTION TO BE CONSIDERED ON THIS ITEM: To close/continue the public hearing. If the public hearing is - closed, approve / deny/ • modify the project. If approved, authorize the preparation of detailed plans and specifications. • I� 0 -R EPORT ON CEDARVALE 2nd ADDITION STORM SEWER AND STREET IMPROVEMENTS C PROJECT NO. 373 FOR EAGAN, MINNESOTA 1983 FILE NO. 49278 /�o ieetaoo, RodeKe, lgmde " a lq"ocia�" I;m eaft&dwaq come" • A Pawl, MAmmad la w • • • PV W 2335 %V 9...4 -#vA y 36 & P..4 A("~& 55113 Pk.. 612-636-4600 MKOd a. 1-800-622.6573 November 29, 1983 Honorable Mayor and Council City of Eagan 3795 Pilot Knob Road Eagan, Mn. 55122 Re: Cedarvale 2nd Addition Storm Sewer and Street Improvements Project 373 Our File No. 49278 Dear Mayor and Council: Glow R. Cook. P.E Kwh A. C ,I. P.E Th.am E. Hoya.. P.E Rwh W. Fawn, P.E. Rohn G. SMR. . P.E Muria L Sawd.. P.E. Ou.W C. Bu,aldr, P.E. brp A. Radon. P.E Mark A. Hume. P.E. ndK.Fn,,PE .Wxh.0 T. Rm.P.E Rabe R. P1Aprt. P.E. Clack A. Ertrkmn Ln M. P..ehlr Harlan M. Ob.n Transmitted herewith is our report for Cedarvale 2nd Addition, Project 373. This report covers storm sewer, and street improvements and includes a pre- liminary assessment roll. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, ANDERE,LK b ASSOCIATES, INC. Mark A.anson MAH:kf I hereby certify that this Report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engine r under the laws of the State of Min r/ota. Mark A. Hanson, P.E. Date: Novembers 29,,/1983 Reg. No. 14260 Approved by:" L rn•� /�/(/ Y Jomas A. Colbert, P.E. Director of Public Works Date: /,.�? - I S, - F: J 2.� Orr. G. P.E . B 0 Reba W.. Rayne, P.E R.,,, /coral C. Andehk. PE ft Qf. d A. Lr ". RE Rrclard E runny, P.E. ban C Ohoa. P.E Glow R. Cook. P.E Kwh A. C ,I. P.E Th.am E. Hoya.. P.E Rwh W. Fawn, P.E. Rohn G. SMR. . P.E Muria L Sawd.. P.E. Ou.W C. Bu,aldr, P.E. brp A. Radon. P.E Mark A. Hume. P.E. ndK.Fn,,PE .Wxh.0 T. Rm.P.E Rabe R. P1Aprt. P.E. Clack A. Ertrkmn Ln M. P..ehlr Harlan M. Ob.n Transmitted herewith is our report for Cedarvale 2nd Addition, Project 373. This report covers storm sewer, and street improvements and includes a pre- liminary assessment roll. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, ANDERE,LK b ASSOCIATES, INC. Mark A.anson MAH:kf I hereby certify that this Report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engine r under the laws of the State of Min r/ota. Mark A. Hanson, P.E. Date: Novembers 29,,/1983 Reg. No. 14260 Approved by:" L rn•� /�/(/ Y Jomas A. Colbert, P.E. Director of Public Works Date: /,.�? - I S, - F: J 2.� SCOPE: This project provides for the construction of storm sewer, street, and • driveway improvements for Cedarvale 2nd Addition and the adjacent unplatted parcels. The project area for the most part is located between Beau D'Rue Drive and Cedarvale Boulevard (Old T.H. No. 13) and Rahn Road and Silver Bell Road. The main intent of the project is to eliminate the, private service drive abutting Rax and Perkins Restaurants, Minnesota Federal, and Home Juice Co. Also included is upgrading the private service drive abutting County Club Market between Beau D'Rue Drive and Cedarvale Boulevard to City standards for public streets. It is anticipated the private service drive will then be dedicated to the City of Eagan for perpetual maintenance and repair. Storm sever improvements are also included. FEASIBILITY AND RECOMMENDATIONS: The project is feasible from an engineering standpoint and is in accordance with the Master Utility and Street Plan for • the City of Eagan. The project as outlined herein can best be carried out as one contract. It is recommended the newly acquired right-of-way for the pro- posed street have a minimum width of 40 feet. DISCUSSION: A) STORM SEWER: Storm sewer proposed herein is located within the exist- ing drainage ditch along the south side of .Cedarvale Boulevard. This storm sewer is due to the extension of'private drives and the proposed City street to Cedarvale Boulevard as shown on the attached drawing. Catch basin inlet structures will be required at the center of each drive and the gutters of the proposed City street adjacent to Cedarvale Boulevard. Also included is con- struction of a storm sewer line within the proposed City street southerly from Cedarvale Boulevard to the driveway entrance at County Club Market and Cedar - vale Lanes. This storm sewer extension is due to the significant runoff gen- erated from these two parking areas in which no storm sewer presently exists. Page 1. 8282b 21 0 • B) STREET: It is proposed to upgrade the existing private service drive abutting County Club Market from Beau D'Rue Drive to Cedarvale Boulevard to City standards for public streets. Street construction proposed herein in- cludes removing the existing B6 concrete curb along the west side and then constructing B618 concrete curb and gutter along each side. The area between the existing pavement and new concrete gutter will be patched with bituminous and then the entire street will be overlayed with an 1� inch thick bituminous wear course. Restoration of boulevards and driveways is included. It is pro- posed to construct the street to a 32 foot width face of curb to face of curb. It is proposed the northerly drive of Country Club Market onto the proposed public street be considered one way (exit) to enable truck traffic to easily utilize the loading docks at Country Club. C) DRIVEWAY: • a. Rax and Perkins Restaurant: Driveway construction proposed for Rax and Perkins Restaurant includes extending the two drives for Perkins Restaurant to Cedarvale Boulevard along with the westerly drive of Rax Restau- rant. The easterly drive of Rax will connect to the proposed street as shown on the attached drawing. Also included will be removal of the existing ser- vice drive pavement, filling of the ditch and restoration of the open area be- tween each drive. Driveway construction includes B612 concrete curb and gut- ter (24 foot width F.F.) with a 3 inch thick bituminous wear course over a 6 inch thick aggregate base. Also included is relocation of the hydrant north- east of Minnesota Federal. It is assumed Minnesota Federal will utilize the existing service drive in its present condition and therefore is not included in any driveway reconstruction proposed herein. However, a drainage swale will be required from the Minnesota Federal Service Drive to the drainage • ditch. Page 2. 8282b VL 0 b) Mister Donut and Home Juice Co.: Improvement associated with Home Juice Co -and Mister Donut include elimination of the service drive abut- ting Home Juice Co. It is proposed to construct B612 concrete curb and gutter adjacent to Mister Donut to properly convey drainage from their parking area to the drainage ditch. Also included is restoration of the disturbed area due to removal of the service drive. AREA TO BE INCLUDED: Assessment Area NE4 Section 19 010-04 020-04 050-04 060-04 - • Cedarvale 2nd Addition Lot 1 Block 1 Lot 2 Block 1 Lot 3 Block 1 Lot 4 Block 1 Construction Area NE;t Section 19 010-04 020-04 050-04 060-04 Cedarvale 2nd Addition Lot 1 Block 1 Lot 2 Block 1 Lot 3 Block 1 COST ESTIMATE: Detailed cost estimates are presented in Appendix A located at the back of this report. A summary of these costs are as follows: A) Storm Sewer $ 45,600 B) Street 34,150 C) Driveway a) Rax 6 Perkins Restaurant 33,990 b) Mister Donut 6 Home Juice Co. 6,180 TOTAL $119,920 The total estimated project cost is $119,902 which includes contingencies and all related overhead. Overhead costs are estimated at 27% and include • legal, engineering, administration and bond interest. Page 3. 8282b Z3 0 ASSESSMENTS: Assessments are proposed to be levied against the benefited property. A preliminary assessment roll is included at the back of this re- port. All costs presented herein will be revised based on final costs. A) STORM SEWER: All storm sewer construction proposed herein is lateral storm sewer. Therefore, all costs associated with storm sewer will be as- sessed to the benefited property on an area basis as shown on the attached drawing. Trunk area storm sewer for this area has not been assessed and is not proposed to be assessed as part of this project. It is assumed trunk area storm sewer for this area will be assessed at the time trunk storm sewer fa- cilities further down stream are constructed. B) STREET: All costs associated with constructing the street adjacent to County Club Market from Beau D'Rue Drive to Cedarvale Boulevard is proposed to • be assessed on a front foot basis against the abutting property. It is pro- posed however that 50% of the front footage for Rax Restaurant be assessed against Perkins Restaurant. C) DRIVEWAY: a. Rex and Perkins Restaurant: All costa associated with driveway and boulevard restoration for Rax and Perkins Restaurant will be assessed 50% to Rax and 50% to Perkins. Included as part of this cost will be the necessary excavation to backfill.the existing open ditch. b. Mister Donut and Home Juice Co.: All costs associated with removal of the access drive abutting Home Juice Co. and construction of the concrete curb and gutter abutting Mister Donut will be assessed 50% to Mister Donut and 50% to Home Juice Co. REVENUE SOURCES: Revenue sources to cover the cost of this project are as • follows: Page 4. 8282b ;L4 • Project Cost Revenue Balance STORM SEWER Lateral $45,600 Lateral Assessment $45,600 $45,600 $45,600 - 0 - STREET Lateral $34,150 Lateral Assessment $34,150 $34,150 $34,150 - 0 - DRIVEWAY a. Raz and Perkins Restaurant Lateral $33,990 Lateral Assessment $33,990 $33,990 $33,990 - 0 - b. Mister Donut 6 Home Juice Co. Lateral $ 6,180 Lateral Assessment $ 6,180 • $ 6,180 $ 6,180 - 0 - Total - 0 - There is no obligation from the City Trunk Funds for this project. • PROJECT SCHEDULE Present Feasibility Report December 6, 1983 Public Hearing January 17, 1984 Approve Plans 6 Specifications Feb./Mar., 1984 Open Bids Mar./Apr., 1984 Award Contract Apr./May, 1984 Construction Completion August, 1984 Assessment Hearing September, 1984 First Payment Due with Real Estate Taxes May, 1985 Page 5. 8282b • APPENDIX A COST ESTIMATE CEDARVALE 2ND ADDITION STORM SEWER AND STREET IMPROVEMENTS PROJECT 373 A. STORM SEWER 420 Lin.ft. 360 Lin.ft. 50 Lin.ft. 4 Each 4 Each 2 . Each 16 Cu.yds. 50 Cu.yds. 830 Lin.ft. • • B. STREET 510 Lin.ft. 800 Sq.yds. 200 Ton 1,310 Lin.ft. 330 100 70 8282b Sq.yds Ton Ton 24" RCP storm sever in place @ $30.00/lin.ft. 18" RCP storm sever in place @ $26.00/lin.ft. 12" RCP storm sever in place @ $22.00/lin.ft. Std. 4' diam. MH w/cstg. @ $1,000.00/ea. Std. CB v/cstg. @ $800.00/ea. 24" RCP flared end with trash guard @ $900.00/ea Rip rap @ $50.00/cu.yd. Rock stabilization below pipe @ $10.00/cu.yd. Mechanical trench compaction @ $1.00/lin.ft. Total + 5% Contingencies + 27% Legal, Engr:, Adminis. b Bond Interest Total Remove existing concrete curb @ $1.00/lin.ft. Remove bituminous pavement @ $2.00/sq.yd. Class 5, aggregate base @ $7.00/con B618 concrete curb and gutter @ $6.00/lin.ft. Bituminous mixture for patching @ $5.00/sq.yd Bituminous leveling course @ $12.00/ton Bituminous base course @ $12.00/ton Page 6. 2.% $12,600.00 9,360.00 1,100.00 4,000.00 3,200.00 1,800.00 800.00 500.00 830.00 $34,190.00 1,710.00 $35,900.00 9,700.00 $45,600.00 $ 510.00 1,600.00 1,400.00 7,860.00 1,650.00 1,200.00 840.00 • APPENDIX A (CONT'D) B) STREET (CONT'D) 200 Ton Bituminous wear course @ $12.00/ton 2,400.00 20 Ton Bituminous material for mixture @ $210.00/ton 4,200.00 100 Gals. Bituminous material for tack coat @ $1.50/gal. 150.00 180 Sq.yds. Bituminous mixture for driveway patch @ $10.00/cu.yd. 1,800.00 1,000 Sq.yds. Sod with topsoil and mulch @ $2.00/sq.yd. 2,000.00 Total $25,610.00 + 5% Contingencies 1,280.00 $26,890.00 + 27% Legal, Engr., Adminis. 6 Bond Interest 7,260.00 Total $34,150.00 C) DRIVEWAY a) Rax and Perkins Restaurant 325 Lin.ft. Remove existing concrete curb @ $1.00/lin.ft. $ 325.00 • 1,460 Sq.yds. Remove bituminous pavement @ $2.00/Sq.yd. 2,290.00 1,100 Cu.yde. Common excavation @ $2.00/cu.yd. 2,200.00 1• Each Relocate existing hydrant @ $500.00/ea. 500.00 420 Ton Class 5, aggregate base @ $7.00/ton 2,940.00 760 Lin.ft. B612 concrete curb and gutter $5.00/lin.ft. 3,800.00 100 Ton Bituminous base course @ $12.00/ton 1,200.00 100 Ton Bituminous wear course @ $12.00/ton 1,200.00 11 Ton Bituminous material for mixture @ $210.00/ton 2,310.00 60 Gals. Bituminous material for tack coat @ $1.50/gal, 90.00 40 Sq.yds. Bituminous mixture for patch b $wale @ $10.00/sq.yd. 400.00 3,800 Sq.yds. Sod with topsoil and mulch @ $2.00/sq.yd. 7,600.00 Total $25,485.00 + 5% Contingencies 1,275.00 + 272 Legal, Engr., Adminis. 6 Bond Interest Total • Page 7. 8282b �-7 $26,760.00 7,230.00 $33,990.00 • A APPENDIX A (CONY D) C) DRIVEWAY (CONT'D) b) Mister Donut and Nome Juice Co 700 Sq.yds. Remove bituminous pavement @ $2.00/sq.yd. $ 1,400.00 20 Ton Class 5 aggregate base @ $7.00/ton 140.00 50 Lin.ft. B612 concrete curb and gutter @ $5.00/lin.ft. 250.00 44 Sq.yda.. Bituminous mixture for patch b Swale @ $10.00/sq.yd. 440.00 1,200 Sq.yds. Sod with topsoil 6 mulch @ $2.00/sq.yd. 2,400.00 Total $ 4,630.00 * 5% Contingencies 230.00 $ 4,860.00 * 27% Legal, Engr., Adminis. 6 Bond Interest 1,320.00 Total $ 6,180.00 SUMMARY A) Storm Sewer B) Street C) Driveway a) Rax and Perkins Restaurant b) Mister Donut b Nome Juice Co. TOTAL 8282b Page 8. $45,600.00 34,150.00 33,990.00 6,180.00 $119,920.00 • B. STREET Parcel Description NEk Section 19 050-04, Country Club Market 060-04, County Club Market, Cedarvale 2nd Addition Lot l Block 1, Cedarvale Lanes Lot 2 Block 1, Rax Restaurant Lot 3 Block 1,,Perkins Restaurant n Front Footage Rate/F.F. Total Assessment 1983 1983 21,808 9,913 9,913 $45,600 Total 290.04 32.79 „$ 9,509 239.07 32.79 7,838 255.98 32.79 8,393 128.25 32.79 4,205 128.25 32.79 4,205 1041.59 $34,150 Page 9., 8282b q APPENDIX B • COST ESTIMATE CEDARVALE 2ND ADDITION STORM SEWER AND STREET IMPROVEMENTS PROJECT 373 A) STORM SEWER (LATERAL) Parcel Area Cost/ Description (acres) Acre NE;g, Section 19 050-04, Country Club Market 0.3 $6,609 060-04, Country Club Market 0.3 6,609 CEDARVALE 2ND ADDITION Lot 1 Block 1, Cedarvale Lane 3.3 6,609 Lot 2 Block 1, Rax Restaurant 1.5 6,609 Lot 3 Block 1, Perkins Restaurant 1_5 6,609 6.9 • B. STREET Parcel Description NEk Section 19 050-04, Country Club Market 060-04, County Club Market, Cedarvale 2nd Addition Lot l Block 1, Cedarvale Lanes Lot 2 Block 1, Rax Restaurant Lot 3 Block 1,,Perkins Restaurant n Front Footage Rate/F.F. Total Assessment 1983 1983 21,808 9,913 9,913 $45,600 Total 290.04 32.79 „$ 9,509 239.07 32.79 7,838 255.98 32.79 8,393 128.25 32.79 4,205 128.25 32.79 4,205 1041.59 $34,150 Page 9., 8282b q APPENDIX B (CONT'D) • C. DRIVEWAY Parcel Percentage Total Description of Cost Assessment a) Rex and Perkins Cedarvale 2nd Addition Lot 2 Block 1 Rax Restaurant 50% $16,995 Lot 3 Block 1 Perkins Restaurant 50% 16,995 Total $33,990 b) Mister Donut and Nome Juice Co. NE34 Section 19 • 010-04, Mister Donut 50% 020-04, Nome Juice Co. 50% Total 8282b c, Page 10. 3o $ 3,090 3,090 $ 6,180 SUMMARY • PRELIMINARY ASSESSMENT ROLL CENDARVALE 2ND ADDITION STORM SEWER AND STREET IMPROVEM PROJECT NO. 373 .• Page 11. 8282b 31 STORM SEWER STREET DRIVEWAY Mister Donut Parcel Rax b 6 Home Total Description Perkins Juice Co. Assessment NA Section 19 010-04, Mister Donut $ 3,090 $ 3,090 020-04, Home Juice Co. 3,090 3,090 050-04, Country Club 1,983 9,509 11,492 060-04, Country Club 1,983 7,838 9,821 • Cedarvale 2nd Addition Lot 1 Block 1, Cedarvale La. 21,808 8,393 30,201 Lot 2 Block 1, Rax Rest. 9,913 4,205 16,995 31,113 ' Lot 3 Block 1, Perkins Rest. 9,913 4,205 16,995 31,113 $45,600 $34,150 $33,990 $ 6,180 $119,920 .• Page 11. 8282b 31 DMRJ ONUT 'N . 'ET AND DRIVEWAY IMPROVEMENTS CITY PROJECT NO. 373 FA GA , M/NNfSOT SCALE: 1"- 100' n o n m ONE V Exit VACANT COUNTRY CLUB' MARKETi i "7 ii Ax PERKINS MINN. I FEDER 3 �2, CEDARVALE LANES m,m1'1i11l'11111i1I P STORM SEWER IMPROVEMENTS CITY PROJECT NO. 373 EAGAN, MINNESOTA HOME ` JUICE CO. VACANT T i rn m i m' O m F NTRY CLUB _ MARKET / SCALE: Ips 100' O . 9Ty i ' ; PROPOSED STOR v RAX CEDARVALE i LANES ; C � rn p J � PERKINS := I l l l l l l l i l l l i l l l l l l i a 1&ESSMENT BOUND RY LLLE Illlllllllllll�lllla I �1 �— -' --� Illlllllllillllllllla 1 J MINN. 2 `1 FEDER i RAHN ROAD m Agenda Information Packet January 17, 1984 City Council Meeting • Page Ten LIQUOR LICENSE POLICY CHANGE A. Request for Reconsideration of Liquor License Policy Change -- Mr. David Perrier, representing Perrier 8 Associates, Inc., is again requesting a liquor license policy change before the City Council. Mr. Perrier presented this request before the City Council at the November 15, 1983, City Council meeting; however, there was no consideration given due to lack of justifi- cation presented by Mr. Perrier in advance of the meeting and further no action was taken because there are currently four off -sale license that have been issued and the policy provides for a maximum of four licenses. A letter has been submitted by Mr. David Sellergren, representing Mr. Perrier, asking that the City Council reconsider its off -sale liquor license policy by amending the policy to include a fifth license. A copy of this letter is enclosed on pages S through 3'7 It was determined by the City Council that before an__o_f7-sale liquor license policy change would be further considered, it would be helpful to learn the status of the two (2) outstanding liquor licenses currently issued to Mark and Pam McCrea, and Jean Parranto • of J.E. Parranto and Associates. The City Administrator has requested that letters relating that status be submitted to the City; however, it is unlikely that correspondence will be received in time for the administrative packet on Monday. There- fore, it is anticipated that this item will be continued until the February 7, 1984, meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a change in the liquor license policy to add a fifth off -sale liquor license if all information is received and evaluated or in the absence of sufficient information, the liquor license policy change would be continued until the February 7, 1984, City Council meeting for further review and consideration. 34 Agenda Information Packet January 17, 1984 City Council Meeting • Page Eleven OFF -SALE LIQUOR LICENSE APPLICATION/PERRIER & ASSOCIATES, INC. B. Off -Sale Liquor License Application, Perrier and Associates, Inc. for Hilltop Plaza -- This item also appeared on the November 15, 1983, City Council agenda; however, there was no action taken due to the fact there was no action taken on an amendment to the off -sale liquor license policy. Consideration of an off -sale liquor license application for Perrier and Associates can only be considered if there is a change to the off -sale liquor license policy as reviewed in Item A. of Old Business. Copies of the off -sale liquor license application were distributed with the November 15 City Council packet and to date there have been no changes regarding the information contained in that application. It is anticipated this item will also be continued until the February 7 City Council meeting at which time additional copies of the off -sale liquor license application will be made available. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the off -sale liquor license application if a change in the off -sale liquor license policy is considered or continue the off -sale liquor license application until the February 7, 1984, City Council meeting pending further consideration on an amendment • to the off -sale liquor license policy.. LEXINGTON SOUTH PARKLAND DEDICATION C. Review of Lexington South Parkland Dedication -- The Advisory Parks and Recreation Commission has recently expended considerable time reviewing the proposed Lexington South Planned Unit Development parkland dedication. At its regular meeting held on January 5, 1984, the matter was reviewed as a commission and with the owner of the PUD, Mr. Jim Curry. Consideration to accept parkland dedication for the Lexington South PUD has further been reviewed by the Director of Parks and Recreation, the City Administrator, the City Attorney and the City's consulting planner, Mr. John Voss. The City Council reviewed this item at its special City Council meeting held on January 10, 1984. The Advisory Parks and Recreation Commission again met in special session on Wednesday, January 11, to further consider the parkland dedication matter. The Director of Parks and Recreation is preparing a memorandum (and a copy will be enclosed on Monday with the Administrative Packet) which will outline action that was taken by the Commission in the form of a recommendation to the Council. As part of that informa- tion, a map will be included, illustrating the parkland dedication as it relates to the Planned Unit Development. Since the Planned Unit Development is approximately ten (10) years in age, it seemed appropriate that the City Attorney review the City's • rights as to whether parkland requirement could be modified 3$ Agenda Information Packet January 17, 1984 City Council Meeting Page Twelve • from what the original intention of parkland dedication was in the Planned Unit Development agreement. The City Attorney has been asked to provide comments on this issue; a copy of his letter is enclosed on pages 40 hrough 4 1 The City Administrator has requested a map from the property owner, Mr. Jim Curry, as it relates to the church sales that he has made recently for land located in the Lexington South PUD. Enclosed on pages through +3 is a copy of Mr. Curry's key to the church sales map and a copy of the map. ACTION TO BE CONSIDERED ON THIS ITEM: To consider the recommenda- tion of the Advisory Parks and Recreation Commission and approve, deny, modify, or continue acceptance of the parkland dedication as it relates to the Lexington South Planned Unit Development. PJ • J9 • • is R NOTE: The memo from Paul Hauge on this item was not received at the time of printing of the packet and will be included with the administrative packet on Monday. f • HAUGE, SMITH, EIDE & KEI LER, P. A. ATTORNEYS AT LAW PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Thomas Hedges Eagan City Administrator 3830 Pilot Knob Road Eagan, MN 55122 CEDARVALE PROFESSIONAL BUILDINGS 3908 SIBLEY MEMORIAL HIGHWAY EAGAN. MINNESOTA 55122 January 13, 1984 RE: Lexington South Planned Unit Development Dear Tom: AR" C90E 512 TELEPHONE 454.4224 CONFIDENTIAL You have asked that I review certain questions relating in particular to park dedication under the Lexington South Planned Development. I have reviewed a number of documents, including the Planned Development Agreement, dated June 21, 1976 and revised October 26, 1976. Some of the questions that have arisen and comments are as follows: 1. Should the land that has been dedicated to the City by the Lexington South Developers/Owners be given 100% credit for all land, including areas with ponds and also those areas where utility easements such as the Northern States Power Highline is incldued7 Paragraph 10 of the Agree- ment states as follows: "Owner has offered to dedicate to Eagan, certain parts of subject lands as public parks, generally as shown on the plan set in Exhibit D. Owner will make such dedication as approval by Eagan is received of each final plat according to the City of Eagan Planned Development Park Dedication Policy dated October 19, 1976, a copy of which is attached and marked Exhibit G" Exhibit D is the Land Use Plan of Lexington South with certain areas darkened and certain areas marked P - Parks, open space. Exhibit G is labeled as the Planned Development Park Dedication Policy. Clearly the wording there is that the dedication shall be made at the time of final plat approval under the then existing regulations or ordinances of the City of Eagan for fulfillment of park dedication requirements, or a cash escrow. It does not state that the designated areas on an Exhibit to the Planned Development Agreement must control. In addition, the theory of the Planned Development Agreement is to allow flexibility both for the developer and the City and generally in larger planned developments, there was no precise definition of park land at the time the agreement was originally signed. It is my understanding that in Lexington South there have been some changes in the designation and dedication of park land through the years. M Thomas Hedges • January 13, 1984 Page 2 It is my understanding that the City Park Policy relating to park credit for pond area was adopted by the City in 1974, before the Lexington South agreement was signed, and if so, that policy should control. It is also my understanding that the policy regarding the dedication of park within utility easements, such as the NSP Easement was also Contem- plated at the time of the agreement, and there are documents supporting this position. In addition, paragraph 15 of the agreement, Ponding Dedication, states that "the easements for public ponding areas may be dedicated when rea- sonably required for such purposes upon the recommendations of the City Engineer as related to each final plat. Owner will make such dedications as approval by Eagan is received of each final plat of the subject land . " It could also be argued therefor that ponding dedication must relate to each final plat as each is submitted. Exhibit D as referred to does not precisely appear to portray the ponds in the development. Paragraph 21 further indicates that the owner agrees to reasonable com- pliance with all City Council ordinances which may effect the develop- ment. • 2. Must the City accept dedication of all parcels specifically designated in the Exhibit attached to the Planned Development Agreement, and if not, must it in any event allow the developer a credit toward the total acreage required to be dedicated under the planned development? Paragraph 10 of the agreement regarding dedication at the time of each final plat, according to the Planned Development Park Dedication Policy, marked Exhibit C is discussed above. There have been several trades for park land through the years and another is being proposed for Capricorn Park by the Park Committee. In addition, the exact layout of certain parks has changed, which is also true of the proposed Westbury Addition park parcel. 3. May the City require park dedication according to its present commercial or industrial park dedication policy at the time of approval of each final plat? The Addendum to the agreement dated June 24, 1977, paragraph 5.a. indicates that in the event that a parcel within the planned de- velopment is developed for commercial use, designated as such in the Land Use Plan, Exhibit D, then all applicable provisions of the Eagan Zoning Ordinance, including those requirements for that zoning classification shall apply, except modifications approved in the planned development agreement. It would appear from that Thomas Hedges wording that when the parcel is developed for commercial use, unless there is some modification in the agreement, that the ordinance regarding park dedication require- ments would apply at the time of the approval of final plat. • Thomas Hedges January 13, 1984 Page 3 Also, the Eagan park dedication policy for Commercial land clearly requires that there be a park equivalent contribution when a building permit is issued. PHH: ras • Very truly yours, HAUGE, SMITH, EIDE 3 KELLER, P.A. Paul H. Hauge 41 r �) Q City Park , , i Lexington South fill Land Use Plan , uuplbn �I . E. R1 (2uniac)RI•E(tua/ao) . R-3 I R2 mix.res.(3.6urVac.) 2 I' R3 mix. ros.(6"12un,ioa) R4 multiple (12+un./ac4 LB Itd.bus. y4 CB gen.bus. tt CSC comm.shpng.entr. ' e0b agricultural R^2 - Ath.Fleld - s ••g Parke -open space 3 land bank first' phase title X - R-4 Elementary�/?5 .� R-4 csAH 30 J = R-9 O to L a sold R74 1 exception Wlldemese Rtn I R_1 - - CSC • OB LB sold 2e s� ^ R-1 _ 1 n"Ji — r - Tom• \� . - \ V� V\ w 'l R' Q 1,l '` Oak Chose - �I.. �� i. �n To cob eatd `_Lakewo� 1141 9 L sold R-2 ° \ j 20 �. •_--- _ \c, CAU Fd• [— CSAR 3z�� ak0ta County Park ti v 1 Wiand Lake i �--\ • Agenda Information Packet January 17, 1984 City Council Meeting Page Thirteen PRELIMINARY PLAT/WESTBURY ADDITION D. Gabbert Development for a Preliminary Plat for Westbury, Consisting of Approximately 47 Acres and Containing a 129 Single - Family Lots and 28 Twinhome Lots -- The proposed preliminary plat for Westbury Addition was considered by the City Council at the December 20, 1983, meeting and continued for additional review and redesign until the January 3, 1984, meeting. At that meeting there was considerable discussion regarding proposed parkland that is land -locked. Any further consideration of the Westbury preliminary plat as proposed was continued to allow the Advisory Parks and Recreation Commission to review the parkland as recommended for acceptance for the Westbury preliminary plat. The Advisory Parks and Recreation Commission reviewed the Westbury parkland dedication matter at their regular meeting held on January 5, 1984, and again at a special meeting on January 11. Enclosed is a copy of the Director of Parks and Recreation's com- ments regarding this item for City Council review. This information is enclosed on pages Ar5 through 4 For additional information on the Westbury preliminary• plat, a copy of the • City Planner's report and a small print of the preliminary plat of Westbury is enclosed on pages4- 7rthrough $ Also, the City Council may wish to bring their larger drawing that was distributed as a part of the January 3, 1984, City Council packet material. • ACTION TO BE CONSIDERED ON THIS ITEM: preliminary plat for Westbury Addition. M1 To approve or deny the • January 12, 1984 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: EXCERPTS FROM THE SPECIAL MEETING OF THE PARKS b RECREATION ADVISORY COMMISSION - JANUARY 11, 1984 - PROPOSED,WESTBURY PLAT, LEXINGTON SOUTH PUD Tom, the following is a brief summation and excerpts from the minutes of January 11, 1984 regarding the Westbury Plat and Lexington South PUD. All but two members were in attendance at this special Advisory Commission Meet- ing which lasted for nearly three hours. A great deal of the time was spent in reviewing the Lexington South PUD park parcels and negotiating parkland credits against those parcels. In reviewing the park parcel as proposed in the Westbury Preliminary Plat, discussion centered around the lack of access to the proposed open space area from the north, its only use as an open space area which is duplicative of the efforts in Patrick Eagan Park, as well as other factors. The Advisory Parks Commission, while recognizing the open space value of the parcel, reached a concensus that its inclusion as parkland in the City's park system was not an objective. Therefore, there was a motion by Carroll, seconded by Masin, to recommend to the City Council that the proposed 8.4 acres of parkland in • the Westbury Preliminary Plat be rejected for the reasons previously discussed. Mr. Jim Curry of Lexington South indicated that he would like to donate to the City as a gift the area which is currently shown as an outlot. He ex- plained his reasonings to the Advisory Commission, explaining that Gabbert Development Company did not wish to include the parcel into residential lots. He provided other explanations as to his not wanting to include it as part of the residential lots and indicated that he would then have a parcel of land which would not be suitable for any other purposes. He indicated that he did not wish to maintain the parcel and have it go tax forfeiture and he did not wish to be known for having parcels of land in a community which would even- tually fall under this category. n U The Advisory Parks and Recreation Commission then discussed the acceptance of this parcel as a donation to the City. Member Thurston questioned the issues of maintenance and future obligations for the parcel from adjacent residents. She asked if there was a mechanism which would protect the City from having to, in future years, provide park development to the area. Director of Parks and Recreation Vraa responded that the parcel could be accepted as a gift and a letter extended to Mr. Curry noting that this parcel had been received in such a manner. In this manner, the parkland would not be credited against the Lexington South PUD. He went on to explain that the parcel could be designated in the lowest category of parks maintenance and carried in the 45- TOM HEDGES, CITY ADMINISTRATOR • PAGE TWO JANUARY 12, 1984 parkland inventory listing as "open space". It was also suggested that the marketing materials of Gabbert Development reflect this as open space and not as City parkland or nature area. After further discussion, there was a motion by Thurston, seconded by Masin, to recommend to the City Council that the out - lot of 8.4 acres in the proposed Westbury Plat be accepted as a gift from Mr. Curry, assuming that the parcel is classified as open space and no park- land credits against.the Lexington South PUD is recorded. On a vote of the motion, all members were in favor. Chairman Martin said that a letter to Mr. Curry thanking him for the gift should also be extended which he might be able to use for tax purposes. Tom, please be advised that the Advisory Parks and Recreation Commission and Mr. Curry did reach an agreement as to the acreage credits for each parcel in the Lexington South PUD which I will get typed up and sent to you as early as possible. I trust this memo will answer the Council's questions concerning the Commission's feelings and recommendations regarding the proposed park parcels. • KV/js • 10, 0 0 a MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, CITY PLANNER DATE: DECEMBER 27, 1983 SUBJECT: UPDATE ON WESTBURY PRELIMINARY PLAT At the December 20, 1983 City Council meeting, the City Council con- tinued the preliminary plat for additional review and redesign of the proposed plat. At the present time, the developer is in the pro- cess of redesigning theplatand increasing the lot sizes from what was originally proposed. Presently, it is staff's understanding that the minimum lot width being proposed will now be 65' and the lots will average in the neighborhood of 9,000 square feet. At the pre- sent time, staff cannot do a revised critique of the plat because the applicant is still redesigning and preparing the revised exhibits. Staff has requested that a large copy be provided for each of the City Councilmembers.and colored indicating which lots will be duplex lots, which lots single family and which lots will be larger single family. These exhibits should be submitted in the packet for City Council review. Staff, however, will do a revised report, and this revised report will then be presented to the City Council at the meeting on January 3, 1983. -Due to the holidays, the administra- tive packet will not be going out on Monday, January 2nd. There- fore, the revised report will have to be presented orally at the January 3, 1984 City Council meeting. The revised site plan and colored renderings should give the City, Council an insight as to what the applicant'is proposing and what the square footage of the lots will be in the revised Westbury pre- liminary plat. Hopefully, this will provide additional information to the City Coun- cil in regard to this Council agenda item. Sincerely, Dale C. Runkle City Planner DCR/jach A-1 1 w' Ti iI'Gria T�pt�i^rt• A - r a N rA� - r , rrY•� t'�i .i rr�w;�:�turi.�4fj'�4.• '� d"� 'ry \ _ ;�i���,��[ j. �. 1r i �a Kai � ��,, 71:'6.7'+ � ... � .,:. g'. I�'�i��'�Y � ��j Ia�AJ�'`�`���; ���:,���h' t�1��i.+E'++?•ii i�E�:''' �#,� •�il } r 11�� J r r ' o, r� �� ' Y 'e�'��li�q� ;�; ` ~��� � ��,�'3}• , ��� � -�. �'���yE t �_01 [.�����, ��',�� ! ��.�`:y►Y �,'` � .�svi�J•`•��' ' J• ,�LEl ::�:'.'.1'�'1��E1•r; LE��I. r; �.I •.{ /i i 1 i�19i;.� �' jC '��" NL �idQ .J .. ..i r:. �iS.:. F d. �. l_•:rL.hr: .moi.. , _ �. �i!'...a >-r��.—.a•' !, `'V O! 6191 -- NOIDNIXTI , mca w 8 Rt a i3 ' u B ¢ r _ f 11 001M. i fl I l • 1_ r ' xi r0 11, ' 1- {, }m m Q (yIL 1Q it � . :i im _ fI l ` Ai, y'�jt\ = _� 'b �y 14 @r • !Q Zvi , m a — 8LD 1 /� a 1 „ W u 10 61 I } '72 11 n LJ E n LJ Agenda Information Packet January 17, 1984 City Council Meeting Page Fourteen CONDITIONAL USE PERMIT/NAEGELE OUTDOOR ADVERTISING E. Naegele Outdoor Advertising Company for Conditional Use Permit for an Outdoor Advertising Sign -- This item has appeared on several City Council agendas dating back to late summer 1983. An understanding was made between the City of Eagan and Naegele Outdoor Advertising Company that this conditional use permit would not be acted upon until the sign application presented by National Advertising Company was given action by the City Council. Action was taken by the City Council at the December 20, 1983, City Council meeting to deny the advertising permit requested by National Advertising Sign Company. All information relating to the Naegele Outdoor Advertising Company request for conditional use permit to allow an outdoor advertisinq sign is again enclosed on pages—through 5(o An ordinance amendment to Chapter 11 of the City Code exc—Turfing outdoor adver- tising signs in railroad right-of-way has been adopted by the City Council and will be published as a part of the overall zoning ordinance amendment and included in the City Code revisions. ACTION TO BE CONSIDERED'- ON conditional use permit for by Naegele Outdoor Advertising THIS ITEM: • To an advertising Company. 51 approve or deny a sign as requested �J CITY OF EAGAN SUBJECT: CONDITIONAL USE'PERMIT FOR AN OUTDOOR AD- VERTISING SIGN APPLICANT: NAEGELE OUTDOOR ADVERTISING COMPANY LOCATION: SEa OF THE SA OF SECTION 18, PART OF GOVERN- MENT LOT 8 (PARCEL 10-01800-021-57) EXISTING "ZONING: L-1 (LIGHT INDUSTRIAL DISTRICT) DATE OF PUBLIC HEARING: JULY 26, 1983 DATE OF REPORT: JULY 19, 1983 REPORTED BY: SANDRA P. JUSTIN, PLANNING ASSISTANT APPLICATION SUBMITTED: An application has been submitted for a condi- tional use permit for an outdoor advertising sign to be located at the SE; of the SA of Section 18, Parcel 10-01800-021-57 of Government Lot 8 (southwest quadrant of Nicols Road and railroad right-of-way). COMMENTS In accordance with the Sign Ordinance, advertising signs must follow these criteria: Advertising signs are permitted on property zoned business or industrial. No sign shall be located nearer than 20 feet from any street or highway right-of-way. No advertising sign shall be located nearer to any other adver- tising sign than 1,000 lineal feet on the same side of the street or within 300 lineal feet of any advertising sign on the opposite side of the street. 4) No advertising sign shall be located on a platted lot which con- tains a business sign or within 300 feet of any business free- standing, ground sign or pylon sign measured on the same side of the street. 5) No advertising sign shall be located within 200 feet of any re- sidential zone, whether on the same or opposite side of the street. 6) No advertising sign shall exceed 250 square feet in area except when adjacent to limited access highway, in which case the City Council shall determine the maximum size after reviewing appli- cable conditions including terrain, safety factors, etc. 5D CITY OF EAGAN CONDITIONAL USE PERMIT FOR AN OUTDOOR ADVERTISING SIGN - NAEGELE • JULY 19, 1983 PAGE TWO 7) No advertising sign shall exceed 40 feet in height measured at �? lot level, roadway level or a specified point between the two levels as determined by the City Council. The level used shall be based on visibility factors from the adjacent roadway(s). After reviewing the application, it appears that the proposed sign meets the criteria for outdoor advertising signs with two exceptions. Approval of the permit should be subject to the following considera- tions: 1) The size of the proposed sign is 468 square feet, which exceeds the City standard by 2.18 square feet. The Council shall deter- mine the maximum size allowable for this sign. 2) The height of the proposed sign extends 19.feet above the road- way and .50 feet above the lot level. The City Council shall spec- ify the point from which the height is to be measured recognizing the maximum height standard of 40 feet. SPJ/jach M CI • L,w r - N • • t fo Scale I, �o'i' /S i i i 31� lSo• 77 p \_/. .. t' ^4 y.. I '�� /,. ].il.'`�.. • ftp: �.pry r j , r N Lf(� Minnetonka f /� �' ;' a a better place r ��°"*�_,�, err • I .I to be. I ::•.�•�=KNIXINIM . ...•. • +.. f � _. ., 1 1 1./vAl�.- _ _. 1 1\.:L1:. 1111111111II: J/ll/I_ , .�.� .�'. '�t's�fY�!' f"-7'R��1��'�I'_".' � '�S: '��` f ` I�...�,y�:+s1 .:.�af��'Li.. \� .t•,�•,. �_�'.•��'�-�. '•'lll ti� �.,' � � ti_5 '.. , �e 1+-... ,F €_ -...�v � .ter— a^Yt�e r—.•�, ��r �.r ��-.,_. r. I y, .y •��a. .,�- ���'�.� rr_,�,=�IY/a°I!3 1��`�� w'.w ~ -�•w:. _ � M ILI FP NAEGELE OUTDOOR ADVERTISING SIGN - CONDITIONAL USE PEMUT • The hearing,covering the application of Naegele Outdoor Advertising Sign Co. for conditional use permit for outdoor advertising sign in the Southeast 1/4 of the Southwest 1/4 of Section 18,.at the southwest quadrant of Nichols Road and railroad right-of-way, was presented to the Planning Commission. Mr. Runkle presented the background of the application and noted that the sign will be 150 feet south of the center line of the rail road right-of-way on private property. Julianne Bye of Naegele was present and stated that she understood that her application was submitted before that of National in the same area. The poster panel on old Cedar Avenue will be removed by the applicant and it would rebuild a new sign along New Cedar. She noted that an application had been submitted by Naegele in 1981 and had been denied by the City Council. She also stated that Naegele now has a new advertising sign size and requested that it exceed the maximum size limitation in order to communicate better with the moving vehicles. She stated that the size was based on an extensive study of the issue. Two feet on top of the sign is provided for extended advertising space which is not always used, but could contain logo or figures. The sign would be. located 125 feet from the proposed National Advertising Sign permit location and it was noted that the applica- tion is subject to the 1,000 foot lineal setback from other existing adver- tising signs on the same side of the street. The variance would then be required for the size and also distance from permitted advertising location. Mulrooney moved, Krob seconded the motion to recommend denial for the following reasons: 1. That another permit had been issued for National Advertising. Is Company within the restricted 1,000 feet from the current location proposed by the applicant. 2. That the sign would exceed the maximum square footage allowed under the Eagan Ordinance. All voted yes. • 6! Agenda Information Packet January 17, 1984 City Council Meeting iPage Fifteen J E NAEGELE OUTDOOR ADVERTISING COMPANY/CONDITIONAL USE PERMIT F. Naegele Outdoor Advertising Company for a Conditional Use Permit for an Advertising Sign Containing 360 Square Feet -- A public hearing was held before the Advisory Planning Commission at their regular meeting held on November 22, 1983, to consider a conditional use permit allowing construction of an outdoor advertising sign by Naegele Outdoor Advertising Company in the northeast quadrant of old Cedar Avenue and Trunk Highway 13. The Advisory Planning Commissioncommending denial o the size increase requested for the advertising sign. is item was continued from the December 20, 1983, City Council agenda at the request of Naegele Outdoor Advertising Sign Company. For information on this item, refer to the City Planner's report, a copy of which is enclosed on pages s$ through For action that was taken by the Advisory Planning Commis- sion refer to pagesthrough 6- . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for an advertising sign for Naegele Outdoor Advertising Company in the northeast quadrant of old Cedar Avenue and Trunk Highway 13. S-7 • CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: NAEGELE OUTDOOR ADVERTISING CO. LOCATION: WEST 952.7 FEET.OF THE NE; OF SECTION 19 IN THE NORTHEAST QUADRANT OF OLD CEDAR AVE/T.H.13 EXISTING ZONING: I- MIGHT INDUSTRIAL DISTRICT) DATE OF PUBLIC HEARING: NOVEMBER 22, 1983 DATE OF REPORT: NOVEMBER 16, 1983 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been submitted requesting a conditional use permit in order to construct an outdoor advertising sign located in the northeast quadrant of Old Cedar Avenue and T.H. 13, Section 19. COMMENTS Naegele Outdoor Advertising has submitted a new application for a con- ditional use permit to allow an outdoor advertising sign located in the northeast quadrant of Old Cedar Avenue and T.H. 13. This has been a new.application submitted and should not pertain to the other out- door advertising signs which have,been continued by the City Council for additional information. This sign is more than a 1000' from the other two signs being reviewed by the City Council. Therefore, this application should be reviewed on its own merits. The applicant is proposing to erect a 10'6" X 36" outdoor advertising sign for a total square footage of 360+ square feet. The proposed height of the sign from T.H. 13 would be 24' in height and from ground level,'30' from ground to top of sign. Therefore, the height proposed is in conformance with the ordinance. The Planning Commission and City Council will have to review the square footage and approve the square footage over and above the 250 square feet allowed by the City Code. In reviewing the criteria for advertising signs, the Code states: 1) All advertising signs are permitted on property zoned Business or Industrial. _ 2) No sign shall be located nearer than 20' from any street or highway right-of-way. 3). No advertising sign shall be located nearer to any other ad- vertising sign than 1,000 lineal feet on the same side of the street or within 300 lineal feet of any advertising sign on the opposite side of the street. E@_M. CITY OF EAGAN CONDITIONAL USE PERMIT - NAEGELE OUTDOOR ADVERTISING SIGN NOVEMBER 22, 1983 • PAGE TWO 4) No advertising sign shall be located on a platted lot which contains a business sign or within 300' of any business free- . standing ground sign or pylon sign measured on the same side of the street. 5) No advertising sign shall be located within 200' of any resi dential'zone, whether on the same or the opposite side of the street. . 6) No advertising sign shall exceed 250 square feet in area ex- cept when adjacent to limited access highways in which case the City Council shall determine maximum size after reviewing applicable conditions including terrain, safety factors, etc. 7) No advertising sign shall exceed 40' in height, measured at lot level, roadway'level or a specified point between the two levels as determined by the City Council. The level used shall be based on visibility factors from the adjacent roadway(s). After reviewing the application, it appears that the proposed sign meets all criteria for outdoor advertising signs with one exception. Approval of the permit should be subject to the following conditions: 1) The size of the proposed sign is 360 square.feet which exceeds • the City standard by 110 square feet. The City Council shall determine the maximum size allowed for this sign. The applicants have.complied with all other sign ordinance require- ments listed in the Eagan City Code. DCR/jack • �J /l T rT I � r r r i rSet BAck ELevs►fioti Se/ .6.9 c.- pL off — wj,7jw A y r �l3 G 0 T rT I � r r r i rSet BAck ELevs►fioti Se/ .6.9 c.- pL off — wj,7jw A y r �l3 iv C'c•4:iJEs O^ c);,e /� ✓J v a ys1 �:• :ir nI .% T-2-7, /2 23 S/L/�E/2 4 0 C /3.96 ye/�e� ii�cL���•Hy.o�ds 22e. 2/ 20'SCt 94"r- 245• /V���ssoy•� Cane QN C K Si �le ) 4 IL C 1h �3'L- 0 �nf t' C <11,' JI��1 il'�r rho I1' t ` 0.0 0.1 10 "I-C-4 �h��f No. 57. d A'rr C 4� 1 1 a n oa 33 a �V Z � I v z 1 133 4 0 C /3.96 ye/�e� ii�cL���•Hy.o�ds 22e. 2/ 20'SCt 94"r- 245• /V���ssoy•� Cane QN C K Si �le ) 4 IL C 1h �3'L- 0 �nf t' C <11,' JI��1 il'�r rho I1' t ` 0.0 0.1 10 "I-C-4 �h��f No. 57. d A'rr The West 952.7 feet of the Northeast 1/4 of Section 19, Township 27, Range 23, Dakota County, Minnesota, lying North of Trunk Highway Number 13, as shown on the pat of MINNESOTA DEPARTMENT OF TRANSPORTAION RIGHT OF 14AY PLAT NO. 19-7 Subject to Cedar Avenue and Silver Bell Road. Subject to easements of record, if any. iJ, s APC Minutes is November 22, 1983 t He would apply whatever is necessary to reduce dust. Plann Commis Sion tubers recommended monitoring the outside storage par ng and also provide r staged blacktopping. Staff indicated that it It there was adequate par ng provided and that advertising for the sign p mit application would be requi d for action on it. Rrob moved, Wilkins conded the motion to recommend app val of the application subject to the Llowing. 1. Class 5 gra el will be permitted in th area designated in the application for gravel p king area provided, howe r, there are adequate dust control measures approved the City but that t gravel parking area will be blacktopped within five year of City Council pproval of the conditional use permit; further, that the staf ay inspect a parking area at least annually and if the gravel parking area s inade ate, the staff may require the balance of the lot to be blacktopp ace ding to a schedule specified by the City. 2. No ,storage shall be allowe over ix feet high in the storage area. 3. An adequate landscape and shall b obtained and not be released until/orize year after the lands ping has been co leted. • five-foot green rea shall be provide long the northeasterly propeine. e condition 1 use permit for outside storag shall be reviewed annuadetermine hether it meets reasonable storage st dards. st cont 1 shall be provided regularly on the Class gravel park- ing a emb s voted in favor. Mulrooney then moved, Turnham seco ed the motioau orize preliminary approval of the pylon sign as requeste pro- videdt conforms with the provisions of the sign ordinance, inclu ing the 3t spacing from existing pylon sign, and subject to submission of n appliand final approval by the Planning Commission and City Council of the srmit. All voted yea. NAEGRLR OUTDOOR ADVERTISING CO. — CONDITIONAL USE PRFGQT The hearing regarding the application of Naegele Outdoor Advertising Company for conditional use permit for outdoor advertising sign in the north- east quadrant of Old Cedar Avenue and T. H. 413 was brought before the Plan- ning Commission. Mr. Runkle reviewed the application and indicated that the spacing from other advertising signs conforms with the ordinance provision and the proposal is for a 1016" x 36, sign.that, on its normal face, would be 378 • square feet but the extended spacing would be 450 square feet. The maximum j-+-' 6 3 3 APC Minutes • November 22, 1983 height above grade would be 34 feet. Juliane Bye, on behalf of Naegele, was present and indicated the reason for requesting the sign in excess of the 250 square foot facing allowed by the ordinance is because exposure is required due to the speeds and heavy traffic in the area. There was considerable discussion concerning other Naegele advertising signs throughout the City and it was noted that the sign at Blackhawk and Highway 413 has now been moved with a sign permit authorized between Cliff and Diffley Road on Cedar Avenue in recent months. Mr. Mulrooney suggested that clear and convincing evidence be presented -that the sign facing should be allowed in excess of the 250 square feet, and that the larger sign is more effective. Ms. Bye indicated the advertising industry 'does have standard sign sizes. In addition, there was discussion concerning two other applications for advertising signs on Cedar Avenue and also discussion regarding federal and state law in respect to advertising signs. Chairman Wold suggested that additional guidelines be developed by the City regarding square footage and the criteria that the Planning Commission and Council can use in determining whether the applicants should be allowed signs, their location, the sizing and specifications for the signs. Ms. Bye stated that she understood that there are locations for about two to five more advertising signs in the City because of zoning and spacing requirements. There were also questions as to what benefit the City acquires from advertising signs and the fees received. After a lengthy discussion, Mulrooney moved, Wilkins seconded a motion to recommend • to the City Council that the application be denied on the basis of the objec- tions noted above and the following: 1. There were no adequate reasons submitted.by the applicant to be entitled to a deviation from the City Ordinance size standards. 2. There were no adequate showing of unique circumstances to allow the increase in size in the current application. 3. The City should not concern itself with economic factors regarding size of signs. All voted yes. ADVERTISING SIGNS STANDARDS AND GUIDELINES Wold moved and Wilkins seconded a motion to recommend to the City Council that the City staff prepare standards and guidelines regarding advertising signs within the City to include the following: 1. Conditions for approval of advertising signs to exceed greater than 250 square foot facing. 2. Conditions for advertising signs within the City concerning number • and location of advertising signs. All voted in favor. 4 Agenda Information Packet • January 17, 1984 City Council Meeting Page Sixteen ORGANIZATIONAL BUS INESS!4�FOR51984,F There are eleven (11) items of organizational business that must be considered by the City Council. Those items are listed as A through J. For additional information on these items, please refer to pages (a& through _5L. It will be necessary for the City Council to take separate action on each of the ten separate items. ACTION TO BE CONSIDERED ON THIS ITEM: Separate action is required for each organizational business item and is so indicated after each discussion as found in the attached memorandum. FJ MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES • DATE: JANUARY 12, 1984 SUBJECT: ORGANIZATIONAL BUSINESS A meeting held in the first month of each calendar year is con- sidered an organizational meeting for the purpose of organizational business. A. Acting Mayor B. Legal Newspaper C. City Depositories D. Official Posting Places E. Advisory Commission & Committee Appointments (Resident) F. Health Officer G. City Council Meetings H. Committee Appointments (Council) I. Fiscal Consultant J. Legal Consultant K. Consultant Fee Schedules ACTING MAYOR • It is a statutory requirement to appoint an acting mayor who pre- sides in the absence of the mayor. All councilmembers are eligible for election by the City Council: In 1983, City Councilmeriber Smith was elected acting mayor and would preside in the absence of Mayor Blomquist. The acting mayor presides in the absence of the mayor at City Council meetings and all other activities per- taining to the City of Eagan. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint an acting mayor. LEGAL NEWSPAPER It is also a statutory requirement for the City to designate a newspaper as the official legal newspaper for the City. The sta- tutes specifically state that a City can only designate a Legal newspaper of general circulation in the city as its official news- paper. During the year, published in this newspaper are ordinaces, legal notices and other matters as are required by law to be so published and such other matters that the Council may deem it ad - visible and in the public interest to have published in this manner. Some of the items that must be published or are optional include: a. Ordinances; b. Annual Financial Statements; C. Council Proceedings; • d. Notices of Elections; C. Resolutions. ME Organizational Business Memo January 12, 1984 • Page Two It is important to follow a thorough pattern in utilizing a legal publication for the following reasons. The law requires an official matter to be published in the legal newspaper publication. For example, if a public hearing notice is not published in the official newspaper, the public hearing is not valid. The Current Newspapers have notified the City that they no longer wish to be considered as the City's legal newspaper. The Dakota County Tribune has submitted a bid to be the legal newspaper for the City. The Eagan This Week newspaper is not eligible to be a legal newspaper. However, the Dakota County Tribune has stated they will also publish any legal notices submitted to the Tribune in the Eagan This Week as a courtesy to residents of Eagan. The legal newspaper would be the Dakota County Tribune and affidavits of publication would be furnished by them. If, occasionally, legal notices are unable to receive the courtesy publication in the Eagan This Week (lack of space), the legal notices would still have been published in the legal newspaper as required by law. Agendas will still be sent to and published in all three papers, but these are not considered legal notices. The rates proposed by the Dakota County Tribune are the same rates • they have been charging since 1980. Enclosed on pages 6-g through C is a copy of the Tribune's proposal. ACTION TO BE CONSIDERED ON THIS ITEM: To designate an official legal newspaper for the City of Eagan for 1984. • G-7 BRANCH ovncse ROSEMOUNT LAKEVILLE BURNSVILLE APPLE VALLEV 0 0 DAKOTA MAIN OFFICE December 15, 1983 City.of_Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 DEC 17 1983 CU;N Y TRIBUNE 1 TED FARMINGTON, MINNESOTA 55024 To the Mayor and City Council Members: AREA 612.489.7684 We would like to be considered for appointment as the City of Eagan's legal newspaper at your organizational meeting for the year 1984. The Dakota County Tribune has served as the legal newspaper for the City of Eagan for many years. Residents, as well as bidders, are very familiar with the Tribune's legal section. Similarly, because we have been a legal newspaper for many years, our staff is experienced in handling legal notices which, in many instances, require the type of knowledge only experience provides. Attached are the certified rates for legals published in the Dakota County Tribune. If you have any questions, please feel free to phone us at 463-7884. Syn,ely,/ /u� Daniel H. Clay Publisher Gg P R I N T E R S A N D P U B L I S H E R S S I N C E 1 8 8 4 STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION DIVISION- OF PRINTING 'TERTIFICATION OF NEWSPAPER LEGAL NOTI Name of Newspaper Address %/mac TA I Lower Case Alphabet lin points) Column width lin picas) 4180 CE LINE RATE B /2 rn,n,�/ti or✓ _/_r�N � � f O a � Name of Type Face This certification, based on -information furnished by the publisher of the newspaper named above, shows below the approved maximum rates allowed for legal notices only fore named newspaper — set in type face described above. r / 1 n First Insertion: '0 cents per line. Subsequent Insertions: /6' 0 cents per line. "Extra Composition: 91 0 cents per line. *To be added to first insertion ONLY. State Printer Date - STATE.OF MINNESOTA � �1 DEPARTMENT OF ADMINISTRATION N� 4151 DIVISION OF PRINTING CERTIFICATION OF NEWSPAPER LEGAL NOTICE LINE RATE Name of Newspaper Address U /`0 Lower Case Alphabet lin points) C?G Column width lin picas) _ Name of Type This certification, based on information furnished by the publisher of approved maximum rates allowed for legal notices only for the a o, above. Fi0sertion: s� cents per \e. Subsequent Insertions:/ccents per line. *Extra Composition: cents per line. 'To be added to- first insertion ONLY. / x (� per named above, shows below the fspaper — set in type face described Stela Printer tete 0 J Organizational Business Memo January 12, 1984 Page Three CITY DEPOSITORIES C. City Depositories -- It is a statutory requirement also that depositories be designated for all City funds. The term "depository" refers to a place or places in which a City keeps its money. Any national bank, state bank, private bank or trust company permitted to do banking business and any federal savings and loan association may be designated as a depository for City funds. More than one bank or savings and loan may be designated as a depository for City funds and, .except as limited by the Council resolution, provide security which the institution is able to furnish. There is not a limit on the amount which may be deposited in one institution. The City of Eagan in the past years has taken a two-part action that: 1. The City of Eagan has named Minnesota Bank Eagan as a general depository for purposes of holding a checking account to pay bills throughout the year, and 2. Several depositories have been designated for the purpose of investing idle funds. Enclosed on page% is a copy of a memo from the City Clerk/ Treasurer listing depositories for investment of funds. Action is to consider a designation of Minnesota Bank Eagan as the City's general depository and further that the list of depositories for the purpose of investing idle funds are both to be considered by City Council action. ACTION TO BE CONSIDERED ON THIS ITEM for all City funds. 70 To designate depositories 0 • MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR VANOVERBEKE DATE: JANUARY 12, 1984 SUBJECT: 1984 DEPOSITORIES Please have the following banks, savings and loan associations and financial institutions designated as depositories for the City of Eagan for 1984: 1) Minnesota Bank Eagan 2) First Bank Eagan Office 3) First National Bank of St. Paul 4) First National Bank of Minneapolis 5) Northwestern National Bank of St. Paul 6) Northwestern National Bank of Minneapolis 7) Minnesota Federal Savings and Loan Association 8) Twin City Federal Savings and Loan Association 9) Kidder, Peabody & Co., Inc. 10) American National Bank and Trust Company 11) F & M Marquette National Bank 12) Third Northwestern National Bank of Eagan 13) Signal Hills Bank Financial Resource Center '��% OtIM()jr &-L ina c Director/city clerF -7L. Organizational Business Memo •January 12, 1984 Page Four POSTING PLACE D. Official Posting Place -- The City utilizes the bulletin board in the lobby of the Eagan Municipal Center and the legal newspaper as official posting places. The Lone Oak Tree has been designated for historical purposes in previous years; however, this would not be appropriate for this year. Notices have not actually been posted on the Lone Oak Tree for many years due to the location and the health of the tree. Notices are also posted in the Police Depart- ment lobby as a courtesy, but this location has not been designated as official. ACTION TO BE CONSIDERED ON THIS ITEM: To designate the official posting place for the City of Eagan. ADVISORY COMMISSION'& COMMITTEE APPOINTMENTS (RESIDENT) E. Advisory Commission & Committee Appointments (Residents) -- 1. Advisory Planning Commission -- There are two (2) seats open on the Advisory' Planning Commission for three (3) year • terms. There is also an alternate position open for a one-year term. Mr. Dale Turnham is not reapplying for an appointment. However, both Charles Hall and Garrett Mulrooney (the 1983 al- ternate) are reapplying for appointments. New applicants in- clude Vic Ellison, Scott Merkley, Roy Taylor and James D. Wan- nigman. Ballots will be provided to Councilmembers at the meeting for voting for these appointments. ACTION TO BE CONSIDERED ON THIS ITEM: To make two (2) appoint- ments for three (3) year terms on the Advisory Planning Commis- sion and one (1) appointment to the one-year alternate position. 2. Advisory Park & Recreation Commission -- There are three (3) openings for three (3) year terms on the Advisory Parks & Recreation Commission. All threee incumbents are reapplying. These include Mike Fedde, Roger Martin and Sandra Masin. New applicants include Tom Ketchum and Phomas R. Parker. Ballots will be provided to Councilmembers at the meeting for voting on these appointments. ACTION TO BE CONSIDERED ON THIS ITEM: To make three (3) ap- pointments for three (3) year terms on the Advisory Parks & Recreation Commission. SPECIAL NOTE: An additional letter of interest in being ap- pointed to the Advisory Parks & Recreaton Commission was re- ceived at the office of the City Administrator on Wednesday, January 11, from David Reilly. A copy of that letter is enclo- sed on page -73 for your information. Mr. Reilly's name will appear on thea .lot. �a • Mr. Tom Hedges City Admini'©trator Eagan Municipal Center Fagan, Minnesota 55123 Mr. Hedges; JAN 1 11984 January 5, 1984. I would like to volunteer myself to serve on the Advisory Parks and Recreation Commission for the three year term. I have alot of interest in developing a parks system since I have four children ages 6 mon. ,3,4)6, and 9. We moved to Eagan_ last year from Minneapolis where we used to spend alot of time at the parks and that is one thing we,really miss in Eagan. My hobbies are running, swimming, and we do alot of family biking. My-personal_background-is_as_follows:_I_have-an-Electrical. Engineering degree from Missouri Institute of Technology and a MBA from the College of St. Thomas in St. Paul. I have worked at Control Data Government Systems Division for nine years in various capacities from design engineer to my present position as engineering manager. We just built a new house in Eagan so we plan on staying here for many years and as I previously metioned, we have alot of interest in seeing a park system developed. I look forward to hearing from you. 11 A Sincerely yours, David Reilly 3775 Drexel Court Eagan, Minnesota 55123 73 1 • Organizational Business Memo January 12, 1984 Page Five 3. Citizens' Task Force (Park & Recreation Department) --At the November 22, 1983 joint meeting held between the City Council and members of the Advisory Parks & Recreation Commission, it was the consensus of the City Council that a special citizens' task force be developed to review the working proposal of the Advisory Parks & Recreation Commission in anticipation of the park bond referendum. In official action at the regular City Council meeting of December 6, 1983, this task force was established. As previously discussed, since this Citizens' Task Force is not an on-going committee but a special task force/subcommittee, appointments will be made by the City Coun- cil without formal advertisement. A list of names was compiled by the Director of Parks & Recreation and the City Administrator and has been reviewed by the Advisory Parks & Recreation Commis- sion and the City Council. It consists of 21 names. The method for compiling the list of names was similar to that used when members were selected for the municipal center bond referendum project. With the exception of three members of the Advisory Parks & Recreation Commission, the remaining membership was designed to include• a varied geographic and/or recreational • interest group representation. The main objectives of the task force will be to review the priorities of park needs consistent with the Systems Plan Study, the financing to meet those priori- ties and to prepare a recommendation to the Advisory Parks & Recreation Commission, the City Council and to the residents of Eagan regarding a park bond referendum. Enclosed on pages 75 through -7 is a suggested list of residents to be ap- poi Ced to the Cask force. The City Administrator will have a map which shows where each of the proposed members resides. ACTION TO BE CONSIDERED ON. THIS ITEM: To appoint members to a Citizens' Task Force in anticipation of a park bond referen- dum. • SPECIAL NOTE: If a member of the City Council wishes to sug- gest any additional name or names for either the Citizens' Task Force or the Airport Noise Committee (item which immediately follows this one), these names should be presented to the City Administrator on Monday for inclusion in the Administrative Agenda packet. -74- E PARKS AND RECREATION DEPARTMENT CITIZENS TASK FORCE NORTH OF LONE OAK ROAD 1. Raymond Bohn 1042 Beatrice Street 2. Kay Carney 1077 Keefe Street BETWEEN LONE OAK & YANKEE DOODLE ROADS 3. Paul Uselmann 3012 Woodlark Lane 4. Roger Swenson 1325 Jurdy Road BETWEEN YANKEE DOODLE & WESCOTT ROAD 5. Tony Lancette • , 1720 Crestridge Lane 5a. Marilyn Lancette 1720 Crestridge Lane 6. JoAnn Alt 1758 Bluebill Circle 6a. Dick Starr 1758 Bluebill Circle 7. Jim Williams 3770 Lexington Avenue South BETWEEN WESCOTT AND DIFFLEY ROADS 8. Les Hanson 3900 Palisade Way 9. Scott Nelson 3936 Blackhawk Circle 10. Dick Pettit 3962 Peridot Path • -75- Resident in Lexington Park neighborhood, user of Parks & Programs, "Asks good questions." Former Commission and Council member. BC/BS executive, user of softball pro- grams. Tony has been involved in Eagan Hockey, Youth Baseball for years; wife on City Hall Study Committee. She too has work- ed in EAA programs. Both active. May wish to appoint both; alternate to each other. Commission member, seeks appointment to task force; spouse would also like task force appointment. Dick Starr is active in homeowner's association, bicycling, cross-country skiing & canoeing. Building contractor, active in church affairs. League Leadership Committee, men's soft- ball, also manages women's softball team. Active in softball program. President of EAA; active in soccer. Former Commission member, active in youth programs. 11. Joe Bozicevich • 1771 Gabbro Trail l2. Sue Kirk 2029 Carnelian Lane 13. Glenn James 1787 Bluestone Drive East 14. Dave Kompelien 4055 Halite Lane 14a. Carolyn Kompelien 4055 Halite Lane BETWEEN DIFFLEY AND CLIFF ROADS 15. Judy Forde 4305 Jasper Drive is 16. Norm Berg 4365 Lodgepole Court 17. Carolyn Thurston 4454 Oak Chase Way 18. John Ayotte 4276 Lyra Court 19. Gary Pietig 4523 Oak Pond Circle 20. Lois VanDyck 4550 Acorn Street SOUTH OF CLIFF ROAD 21. Bill Jackson 1790 Karis Way .o Both Joe and his wife, Mary, were/are involved in the boys' and girls' soccer program. Broad perspective of Parks needs i.e., youth programs, neighborhood interests. Past president EAA, active in neighbor- hood, women's softball, youth and school activities. Active in EAA girls' softball and other programs. Former Community Education Advisory Commission member. Dave and Carolyn were suggested by two different sources,rrt knowing that their names had been suggested. Both active in church, neighborhood, 4H, girls' soft- ball. Dave has previously applied for Park and Recreation Commission member- ship. Parks program user. Active in church affairs, several calls concerning Evergreen Park as a conscien- tious neighbor. Commission member, seeks appointment to task force. Vice President, Rosemount Area Hockey Association. Resident of Oak Pond Hills 6-7 years, Ice Arena Manager for Apple Valley Ice Arena. Active in Rosemount Hockey/Base- ball. Resident of South Oaks neighborhood, served on City Hall Study Committee. Commission member, seeks appointment to task force. Organizational Business Memo • January 12, 1984 Page Six 4. Airport Noise Committee -- As previously discussed, since the Airport Noise Commitee is not an ongoing committee but a special task force/subcommittee, appointments will be made by the City Council without formal advertisement. It is possible that this committee could become an ongoing committee. If so, a more formal appointment process could be evaluated at that time. Even though there.was no formal advertisement for member- ship on this advisory committee, Local reporters have stated in their news articles that the committee would be formed and residents have expressed interest in being appointed to the committee. The objectives of this committee are to study the .impacts of noise on the City and to make recommendations to the City Council for methods to alleviate excessive air noise. Of the residents expressing interest in 'this committee, he following persons are suggested for appointment: Tom Baker, Don Giblin, John Gustin, Joe Harrison, Bart Schmidt, Roger Sperling, and Dick Victor. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint members to to the Airport.Noise Committee. • S. Assessment Committee -- This advisory committee reviews assessment policies and appeals and makes recommendations to the City Council. Presently, the membership includes Don Knight, Dale Vogt, Art Rahn,- Mayor Blomquist, Councilmember Egan and David Bohne (representative of the Advisory Plannin Commission). The Advisory Planning Commission will appoin its 1984 representative at their meeting on January 24. Art Rahn has submitted his resignation and a new member of this committee will need to be appointed at the organizational business meeting. It is suggested that due to the technical knowledge that is required for membership on the Assessment Committee, a City Council appointment is desirable. • ACTION TO BE CONSIDERED ON THIS ITEM: To fill the vacancy crea- ted on the Assessment Committee created by the resignation of Art Rahn. awl G 77 Organizational Business Memo January 12, 1984 • Page Seven HEALTH OFFICER F. Health Officer -- In past -years, the City has appointed a health officer, which is presently the Cedarvale Medical Clinic. If there was an epidemic or, for example, there are unsanitary conditions which exist in housing or restaurants or some other areas of the City, the health officer would be called upon to write a letter and ask that the are be cleaned up. The City would also work with the County Health Board and the Minnesota Department of Health and Welfare. Dr. Arthur Wineman of the Cedarvale Medical Clinic has been contacted and is agreeable to serving as health officer again. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint a health officer for the City of Eagan. CITY COUNCIL MEETINGS G. City Council Meetings -- Each year, the City Council must desig- nate days and times specifically for City Council meetings. In, years past, the City has met on the first and third Tuesday of each month at 6:30 p.m..which are designated as official City Coun- cil meetings. It is recommended that the- same date and time be • continued so it is not confusing to the general public as to what .days and times the official City Council meetings are held at City Hall. ACTION TO BE CONSIDERED ON THIS ITEM: To designate days for City Council meetings. COMMITTEE APPOINTMENTS H. Committee Appointments -- Several committee appointments can be made by Mayor Blomquist at the organizational meeting. The list of standing committees is as follows: 1. Personnel Committee 2. Finance Committee 3. Community Development & Public Relations Committee 4._ Public Works Committee 1. The Personnel Committee was created in 1977 for the purpose Of wrLtLng and maLntarning a personnel policy and also to create a Eoundation for personnel procedure. A personnel policy and job class iEication document for all employee positions were developed and is maintained through the office of the City Administrator. The Personnel Committee does not meet on a regular basis, however is available if the City Council should ask for a special review or stud,: regarding salary compensation plans, personnel related matters, such as personnel records, affirmative action, union con- tracts or other related natters. The City Council members who • Organizational Business Memo •January 12, 1984 Page Eight served on the Personnel Committee in 1983 were Ted Wachter and Jerry Thomas with Mr. Thomas as chairman. 2. The Finance Committee was established to investigate from time to time the practica ity of issuing new bonds for the City, whether it be for equipment certificates, general obligation or industrial revenue. The Finance Committee has researched many special programs such as the Tax Exempt Mortgage Financing and other industrial revenue tax exempt mortgage type financing programs as a resource committee for the City Council. The Finance Committee will review any application if a special study is requested by the City Council. The Finance Committee also meets and reviews all of their special projects as directed by the City Council that involve budgetary expenditures. The two members of the City Council that served on the Finance Committee in 1983, were James Smith and Mayor Blomquist, with Mr. Smith acting as chairman. 3. The Community Development p�"!ie--aeiativns Committee is a Chir committee. This committee has been comprisecT�of two council members. It functions as an advisory committee to the City Council for purposes --.of advertising attractive new commercial, • industrial and residential development to the community. Recently, an Economic Development Commission for the City of Eagan has been established in conjunction with the Star City Program. It is expected that this commission will consult with the Community Development Committee at times. This committee was also organized in 1977 and its members during 1983 were Jim Smith and Ted Wachter, with Mr. Smith acting as chairman. 4. Public Works Committee is a fourth committee and includes utilities, roads par s an even issues that relate to the Airport Commission. This committee has studied the recommendations from the City Administrator -and also the Director of Public Works concerning the construction of wells, reservoirs and new utility mains. It also relates to various street improvements, maintenance and new construction as well as snow removal and other related items. This committee does not meet on a regular basis, however it is available to study certain issues of the Public Works operation as designated by the City Council. This committee was also formed in 1977 and had two members, Thomas and Tom Egan, with Mr. Egan serving as chairman, in 1983. Special Note: The' City Council, in setting up the four (4) stancecommittees, attempted to limit the number of standing committees to four workable committees which all contain somewhat a broad range of topics. The purpose of the standing committees is to conduct investigations, to make reports on matters of • facts. Often, the committees are used to study facts and make -79 Organizational Business Memo January 12, 1.984 Page Nine recommendations to the City Council. The City Administrator works very closely with all four (4) committees and normally supplies information and other data to the committee's chairperson and members when committee meetings are held. All meetings are open to the public. The meeting notices are prepared and posted at City Hall stating the location of the meetings and the items for discussion. The committees are advisory to the City Council. There is no action taken, and therefore, formal minutes are not required; however, a report is generally prepared by the City Administrator or a committee member which is presented to the City Council for any action that is required at a regular meeting. Additional Special Note: Traditionally a council member has eeenappointe as a raison member to the Parks and Recreation Commission and Planning Commission. During 1983 Mayor Blomquist appointed Jerry Thnmae as the City's liaison person with the Advisory Parks and Recreation Commission and. Tom Egan to the Advisory Planning Commission. • ACTION TO BE CONSIDERED ON THIS ITEM: To appoint members of the four standing committees, and the liaison persons for the • Advisory Parks and Recreation Commission and the Advisory Planning Commission. FISCAL CONSULTANT I. Fiscal Consultant -- Each year, a Fiscal Consultant is appointed by the City Council to provide fiscal advice and handle bond sales for the City of Eagan. Miller & Schroeder is currently acting as the City's fiscal agent. Since there is no written .agreement with Miller & Schroeder, technically, they are hired per bond issue on a continuing basis at the discretion of the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointment of a fiscal consultant. LEGAL CONSULTANT J. Legal Consultant -- The law firm of Paul Hauge and Associates is providing the City with excellent service and it is again recommended that Paul Hauge be appointed as City Attorney for the City of Eagan. ACTION TO BE CONSIDERED ON THIS ITEM of legal counsel. ap To approve the appointment • Organizational Business Memo • January 12, 1984 Page Ten • • CONSULTANT FEE SCHEDULES K. Consultant Fee Schedule -- The City of Eagan employs various consultant firms for assistance in different technical fields of expertise. These include fiscal, legal, planning, parks and engineering. Fiscal consultants are technically hired per bond is- sue. Other firms are hired on an on-going basis and it is necessary to approve these fees for the 1984 calendar year. 1. Legal Consultant -- Enclosed on pagese� through 9 3 are the 1984 fees proposed by Hauge, Smith, aide & Keller, �A. If this firm was approved .as the legal consultant for 1984, consideration of these fees would be appropriate at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1984 fee schedule proposed by the legal consultant firm of Hauge, Smith, Eide & Keller. gl J • • C, J HAUGE, S311TH, EIDE & KELI.ER, P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 3908 SIBLEY MEMORIAL HIGHWAY EAGAN. MINNESOTA 88122 PAUL H. HAUGE January 9, 1984 BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Mr. Thomas L. Hedges City Administrator CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 RE: 1984 CITY ATTORNEY FEE SCHEDULE Dear Tom: AN" Cooe 612 TLLeFNONe 4844224 You have requested a proposal for a 1984 schedule from our office for Eagan City Attorney fee purposes. I would propose the following for 1984: 1) General legal work for the City - $50 per hour. (1983 - $45/hour). Attendance at Advisory Planning Commission and City Council meetings are figured at one-half the normal hourly rate. 2) Legal fees for City installed improvement projects, including street and utility work, based upon 134% of contracts plus change orders awarded by the City, less bond counsel fees. The service will include all work con- ne,:ted with the acquisition of easements, including negotiations, prepara- tion of documents and contacts with owners; also, the handling of assess- ment appeals that relate directly to the assessments of the property; and further, all condemnation actions involving the acquisition of easements for the City. However, all out-of-pocket costs related to assessment appeals or acquisition of easements would be paid directly by the City, including surveying expenses, appraisal fees and costs, the fees for com- missioners in condemnation, engineering and planners fees and services, expert witness fees, any action being brought by contractors or against contractors for work involving any of the improvement projects under con- tracts with the City. An increasing amount of public improvements within new developments are being financed and built privately and no fees are being charged by our office on those projects. We also did not charge a percentage fee on such projects as the water treatment plant where our involvement was very minimal. 3) Prosecution legal services - $45 per hour. We have found that surround- ing cities are being charged considerably higher fees. In certain in- stances we have forwarded cases to the Apple Valley or Burnsville prose- cuting attorney's offices on a sharing basis and they insisted on being paid their normal rates of between $57.50 to $60 per hour in 1983. 1z Mr. Thomas L. Hedges •January 9,'1984 Page 2. A comparison of time for the past two years that our office has provided for the City is as follows: General Legal Miscellaneous Time Reimbursed Matters Prosecution (Law Suits) Utility Park by Developers 1982 851'10" 745'20" 191'30" 717'40" 0 378'40" 1983 884'30" 1,029'40" 297'50" 806'10" 33'10" 394'40" TOTAL 1982 time -------2,884120" TOTAL 1983 time --------3,446' We want to express our appreciation to the Council, the various committee members and the staff for an excellent working relationship during the past year. very truly yours, •4, SMITH, EIDE KELLER, P.A. uge PHH:me 11 rN • Organizational Business Memo January 12, 1984 Page Eleven 2. Planning Consultant -- Enclosed on pages $5-�66are the 1984 fees proposed by Urban Planning & Design, planning consultants. Consideration of these fees would be appropriate at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1984 fee schedule proposed by the planning consultant firm of Urban Planning and Design. ■ PLAANNC AAD DESIGN, ISG January 11, 1984 2800 East Cliff Road • Suite 140 • Burnsville, Mn. 55337 • (612) 890-2320 Mr. Thomas Hedges, Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Hedges: John S. Voss, President Attached is Urban Planning & Design, Inc.'s Fee Schedule for 1984 as you requested As you will note, it has not altered since 1982. Y s truly •. say J n S. Voss JSV/bav Enc. PUNNING LANDSCAPE ARMTECTURE SITE DESIGN 0 0 0 -- RATE SCHEDULE Effective January -1,--1984 URBAN PLANNING & DESIGN, INC. STAFF RATE PER HOUR Principal Planner (1) $ 50.00 Planner II (2) 38.00 Landscape Architect I (3) 33.00 Landscape Architect II (2) 25.00 Draftsman 20.00 Secretary 10.50 Research Assistant 20.00 Mileage (per mile) ..24 Materials Cost (1) "Planner -In -Charge" as designated by the State of Minnesota for 701 Planning and minimum five (5) years experience. (2) Masters or undergraduate degree and minimum three (3) years experience. (3) Minnesota Registration by State Board and minimum five (5) years experience. • Organizational Business Memo January 12, 1984 Page Twelve 3. Parks Planning Consultant -- Enclosed on pages $$ through �� 9 are the 1984 fees proposed by Erkkila & Assoc tales, park manning consultants. Consideration of these fees would be appropriate at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1984 fee schedule proposed by the parks consultant of Tim Erk- kila & Associates. 4. Engineering Consultant -- 1984 fees for the engineering consultant firm, Bonestroo, Rosene, Anderlik & Associates, were officially approved at the October 18, 1983 meeting. Therefore, no action is required for this item. s/Thomas L. Hedges City A ministrator TLH/hnd �-7 associat¢s December 27, 1983 EEC 3 01 03 Suite 100, 2611 Central Ave. N.E. Minneapolis, MN 55418 781-6696 LANDSCAPE ARCHITECTURE • PLANNING • DESIGN Mr. Tom Hedges, Administrator City Administrative Offices 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Hedges: At the request of Mr. Vraa, I am providing Eagan with a proposed services agreement for Park Planning/Landscape Architectural Services -in 1984. While no specific project is in mind, this agreement is intended to cover technical assistance on an "as needed basis". This should facilitate • miscellaneous advisory services relative to implementation of the park system plan. Any specific, larger task shall be covered under a separate fees proposal. The attached Charge Rate Schedule (for 1983) shall be the basis for our services. We shall use the cost plus materials basis for our work and bill the City monthly for any services performed. We shall utilize the 1983 cost schedule, waving our right to change the rates January 1, 1984. We have enjoyed working with Eagan. We hope that through our previous work, you have come to know that we make every attempt to use our time efficiently to keep your costs as Low as possible. We shall look forward to working with Eagan in 1984. Sin 9U" Tim Erkkila, ASLA ERKKILA & ASSOCIATES TWE/sg • EM 6�� Suite 100 2611 Central Ave. N.E. o Minneapolis, Mn. 55418 781-6696 ffi9Q@ftg5 LANDSCAPE ARCHITECTURE • PLANNING • DESIGN ERRRILA & ASSOCIATES CHARGE RATE SCHEDULE (effective January 1, 1983) STAFF MEMBER RATE PER HOUR Senior Planner/Senior Landscape Architect ........... $35.00 - $40.00 Landscape Architect.................................$30.00 Planner/Site Planner................................$22.50 - $27.50 Technician..........................................$15.00 - $20.00 Secretarial (Report Typing) .........................$15.00 Word Processing.....................................$20.00 • Outside Consultants.................................Per Job Basis L J Supplies (Special Order Materials)..................Cost plus 10% Mileage .............................................$ .20/mile Direct Expenses (prints, postage, parking, etc.) .... Cost plus 10% Project fees shall be as arranged in one of the following methods: 1. Cost plus materials: Work conducted as requested, services billed as incurred, based on this schedule. 2. Cost plus materials to a maximum: Specific services as agreed to not exceed a set cost, billings toward that amount are based on this schedule. 3. Lump Sum: Specific end product and fee fixed. Rates are subject to change annually on a calendar year basis. r J • • Agenda Information Packet January 17, 1984 City Council Meeting Page Seventeen PRELIMINARY PLAT/A.J. ADDITION A. Tri -Land Company, Inc., Bradley Swenson, for Preliminary Plat, A.J. Addition, Containing 2 Single -Family Lots -- A public hearing was held at the regular meeting of the APC held on December 15, 1983, to consider a preliminary plat entitled A.J. Addition as presented by Mr. Bradley Swenson. The Advisory Planning Commission is jazDZmending denial f the preliminary plat applica-> tion to the City Counci motion was made to approve this preliminary plat, however, with three members voting aye and three members voting nay, the motion failed. Therefore, the preliminary plat is recommended for denial to the City Council. For additional information on this item, refer to the City Planner's report, a copy is enclosed on pages C1/ through /00 • For a copy of the action taken by the Advisory Planning Commission, refer to page(s) 101-102- ACTION TO BE CONSIDERED ON THIS ITEM: preliminary plat for A.J.:Addition. 9U To approve or deny the • CITY OF EAGAF SUBJECT: PRELIMINARY PLAT - A. J. ADDITION APPLICANT: TRI -LAND CO., INC., BRADLEY J. SWENSON LOCATION: PART OF THE SWI. OF THE SWh OF SECTION 3 LYING NORTH OF C.R. 26 AND EAST OF EGAN AVENUE EXISTING ZONING: R-1 (RESIDENTIAL SINGLE DISTRICT) DATE OF PUBLIC HEARING: DECEMBER 15, 1983 DATE OF REPORT: DECEMBER 12, 1983 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been submitted requesting preliminary plat approval, A. J. Addition, which would consist of ap- proximately one acre and contain 2 single family lots located in part of the SWC of the SWh of Section 3 lying north of County Road 26 (Lone Oak Road) and east of Egan Avenue. ZONING AND LAND USE: • The one -acre parcel is presently zoned R-1 (Residential Single Dis- trict) with a minimum lot size of 12,000 square feet. The Compre- hensive Guide also designates this area as R -I (Residential Single District) with a density of 0-3 dwelling units per acre. COMMENTS As you may recall, the Advisory Planning Commission held a public hear- ing regarding A. J. Addition in August, 1983. At this public hearing, the applicant was requesting to subdivide the one -acre parcel into 3 single family lots, all exceeding the 12,000 square foot requirement. The Advisory Planning Commission and City Council denied the prelimi- nary plat based on many health and safety reasons. Since the August submittal, the applicant is now submitting a new ap- plication_, A. J. Addition, which would consist of 2 single family lots for the same area. Lot 1 would contain 24,700 square feet and Lot 2 would contain 18,200; the proposed plat meets or exceeds all of the R-1 zoning standards for area and width. One of the main issues brought up at the August meeting was regarding access onto County Road 26. It is my understanding that the applicant is still proposing direct access. However, the access has already been granted from Dakota County to provide access for Lot 2. When Lone Oak Road was under construction, it was brought out that there was a median •in front of this property. In the final review, there is no median in front of the property where access would be provided to this property. 9f h CITY OF EAGAN PRELIMINARY PLAT - A. J. ADDITION • DECEMBER 15, 1983 PAGE TWO The other item staff would like to bring up is presently the City is assessing this property for two lots on this one -acre tract. The applicant is proposing to meet with the neighborhood and go over this revised plan prior to the Advisory Planning Commission. Hope- fully, many issues will be discussed and resolved prior to the Decem- ber 15th meeting. If the preliminary plat is approved, it should be subject to the fol- lowing conditions: 1) The plat should be subject to the Park Commission's review and comment for the newly created lot. 2) A development agreement shall be entered into and signed by the applicant prior to final plat approval. 3) The plat shall be subject to Dakota County Plat Commission's review and comment because the plat abuts County Road.26 (Lone Oak Road). 9) All other City ordinances shall be complied with. • DCR/jack in • • A.J. ADDITION • Iw w l140 v Q1 Bu �B BBR tClm 0 ".D i s e`° to0 County Rd. 28 2 a !' W . 140 +00 BBulR MAIM pi -N- I SCALE 1"--30'1 SITE DATA %BIB . BLOC[ i ud.dt Ip. NORTH 101. toot. COUNTRY NONE HEIGHTS •N01 SOUTH •rods *(BAST 20 redo Of Bvvo 01 SWI/4- SECT. 1.T. 31 R U TRI-LANDIINC. EAGAN/ MN. r CITY OF EAGAN SUBJECT: PRELIMINARY PLAT - A. J. ADDITION APPLICANT: TRI -LAND CO., INC., BRADLEY J. SWENSON LOCATION: PART OF THE SW; OF THE SW'a OF SECTION 3 LYING NORTH OF COUNTY ROAD 26 EXISTING ZONING: 'R-1 (RESIDENTIAL SINGLE DISTRICT) DATE OF PUBLIC HEARING: AUGUST 23, 1983 DATE OF REPORT: AUGUST 17, 1983 REPORTED BY: JUDY HEALD APPLICATION SUBMITTED: An application from Tri -Land Co., Inc. has been received by the City for a'preliminary plat, A. J. Addition, consisting of approximately 1 acre and containing 3_single.family lots located in part of the SW4 of the SW; of Section 3 lying north of County Road 26 (Lone Oak Road) and east of Egan Avenue. • ZONING AND LAND USE The 1 -acre parcel proposed for 3 single family lots is presently zon- • ed R-1 (Residential Single District) situated in the southeasternmost portion of the Country Home,Heights plat area and currently is unde- veloped. The Land Use Guide map designates this area as R-1 (0-3 units per acre). COMMENTS The proposed 3 single family lots are bounded on the south by County Road 26 (Lone.Oak Road), Egan Avenue on the west and Country Home Heights plat on the north with an RD (Research and Development Dis- trict) to the east. Country Home Heights, to the north and west of this proposed plat, is an established area of Eagan with a neighbor- hood of sf_ngle family lots with a square footage of 19,000 and larg- er. The applicant is proposing 3 single family lots with the larg- est lot being 16,900 square feet and an average lot size of 14,300 square feet. All 3 proposed single family lots meet the R-1 zoning district requirement.of 12,000 square feet and an 85' lot width. The applicant has stated that due to the location of these three pro- posed lots abutting commercial zoning to the east and facing a major County road which generates approximately 10,000 vehicles per day along with'present'market trends of smaller single family lots, these lots should balance well with the surrounding neighborhood. • Pr000sed access fo: Lot 1 will be onto Egan Avenue with Lots 2 and 3 sharing a north -south access between lot lines onto County Road 26 (Lone Oak Road) subject to the Dakota County Plat Commission's review 9+ C_TY OF EAGA`I PRELIMINARY PLAT - A. J. ADDITION AUGUST 23, 1983 • PAGE TWO and approval. Consequently, only one access will service two lots fronting Lone Oak Road. If the preliminary plat is approved, it should be subject to the following: 1) The plat should be subject to the.Park Commission's review and comment. 2) A development agreement shall be entered into and signed by the applicant prior to final plat approval. 3) The plat shall be subject to the Dakota County Plat Commission's review and comment as the plat fronts County Road 26 (Lone Oak Road). 4) Cross easements be established for the common entrance for Lot 2 and 3, Block l,'and only one access be allowed for the easter- ly two lots. jach ENGINEERING RECONL`4ENDATIONS • 1) A detailed grading and erosion control plan shall be submitted for approval by the Engineering Department. 2) If installed privately,.the plans and specifications for utili- ty service connections shall be prepared by a registered engi- neer and submitted to the Engineering Department for approval. 3) A 50' half right-of-way shall be dedicated for Lone Oak Road (County Road 26) for public right-of-way. 4) Easements shall be dedicated as recommended by City staff. 5) Water area, sanitary sewer area, and lateral benefit from trunk water main (to the extent it applies) shall be the responsibili- ty of this development. 6) All costs for utility installation, grading, etc. shall be the sole responsibility of this proposed development. RMH/jach MEMO TO: THE ADVISORY PLANNING COMMISSION, C/O DALE C. RUNKLE, CITY • PLANNER FROM: RICHARD M. HEFTI, ASSISTANT CITY ENGINEER DATE: AUGUST 18, 1983 SUBJECT: A. J. ADDITION PRELIMINARY PLAT The Engineering Division of the Department of Public works has the following comments regarding this proposed development for consid- •..eration by the Advisory Planning Commission and the City Council. GRADING/TOPOGRAPHY This parcel is located between Eagandale Boulevard and Egan Avenue, north of Lone Oak Road.The topography is quite flat with the drain- age being towards the ditch of Lone Oak Road (County Road 26), thence to the west. Vegetation over this area consists of weeds and grass- es. This area was previously a low area which was filled by the Opus Corporation for the owner several years ago. The proposed grading of this development will be minimal due to the existing topography. Consequently, drainage will be maintained in its current direction and capacity and will pose no problems. UTILITIES • Utilities of sufficient size, depth and capacity exist within Lone Oak Road and Egan Avenue to properly service this proposed develop- ment. water main consists of a 16" trunk line alona the southside of Lone Oak Road and a 6" line along Egan Avenue. Sanitary sewer consists of an 8" line also along the'southside of Lone Oak Road and within Egan Avenue. No storm sewer exists in this proximity, however, none will be required with this development. Proposed services for Lots 2 and 3 are to be extended across Lone Oak Road from existing utilities. It is being proposed to extend one oversized sanitary and water service across Lone Oak Road and then branching off to service both.lots. Service for Lot 1 can be obtained off of either Egan Avenue or Lone Cak Road utilities. None- theless, a utility permit will be required from Dakota County High- way Department for this proposed construction. In addition, plans and specifications shall be prepared by a registered engineer and submitted to the Engineering Department for approval if this work is to be done privately. STREETS Access to this development is presently off of a Lone Oak Road. Cur- rently, Lone Oak Road -is -under County jurisdiction and a rural two- lane paved highway. Dakota County has indicated one access will be granted to this par- • cel. The developer is proposing to center this access between Lots 2 and 3. 01 ENGINEERING REPORT A. J. ADDITION •AUGUST 23, 1983 PAGE TWO RIGHT-OF-WAY/EASEMENTS A 50' half right-of-way currently exists for Lone Oak Road as a high- way easement deed. As a condition of this final plat,'this 50' half right-of-way should be dedicated as public right-of-way. A 101. utility easement shall be dedicated along all public right-of- way with a 10' drainage and utility easement centered over all in- terior lot lines. In this case, a 10' drainage and utility easement shall be required along the north property line adjacent to Country Home Heights Addition and a 5' drainage and utility easement dedica- ted along the east line of this proposed development. ASSESSMENTS Researching the assessment records indicates this parcel will be re- quired to pick up its trunk area water and sewer assessments and al- so a lateral benefit from trunk water main assessment for lots being serviced from the trunk'water main on'the southside of Lone Oak Road. • However, since the trunk is located across the road from this propos- ed development, credit should be given for the extra length and addi- tional cost incurred to bore underneath Lone Oak Road. These assess- ments shall be levied at the rate in effect at the time of final plat approval. At the current rates, these assessments would be as fol- lows: Water area = .98 acres X $1,070/acre = $1,050.00 Sanitary sewer area = .98 acres X $1,070/acre = $1,050.00 Lateral Benefit from Trunk Water Main = 200' X $16.10/ft=$3,220* (*To be reduced by actual costs of extending water under.Lone Oak Road to within 30' of the property line) A11 costs for installing water and sewer services to this develop- ment and grading shall be the sole responsibility of this proposed development. I will be available to discuss any aspect of this report in detail with the Advisory Planning Commission at their August 23, 1983 meet- ing. Respectfully submitted, Richard M. Hefti, P.E. Assistant City Engineer RASH/jach G� 7 1 •I•!1 I11171 'Ipllf it/t -�' - -- I .rl 33jb Ot 133HS till 3NOl- NVO 92 --Otl` I - _O Qjcl N\�- N 7 ?�� - I, 11a., / p sol_ / (g8 r %/• �.w. O _(-� \ V 91 \ `� � ��, `•a � . f � � ��) I Al NG 4 mbZ 3nON 62 `� f9 Re J . X'i Ind. • S. .•V 11Y \,- _ G. _GCrlf r,. ��i,i•i�I�-va• r /�� • '_• °L� = •7i PLANNED_ -_G/ CCMME?CIGL • _ �r�. 'r_ G:, �r :.., t-` Ind ._ ..:' .. a �tV.,• :., ,...o' i I,i;,y'. _ham r Z. R 1 `- .14 y; R&% R -N np 1 _ _ C I . � iri �✓ .:\Ind. :/,__ _ __ _ - ..= .__--_- .._- _ _.___ G' __R -'Il —�� - ---� - � .;�r i "�•�-,� r1B .ti Lia) ! R -al '— �•o.� Ij-Cl • • ..lm� R -I I � R_g ��'•' • � — —C R•II-�- .•yc i P ,ra ;.J•"� I I i ?>: R�� a P Ind-- Rl , L19 0 / _-�13 .11/ _ Pf R'I :.� .fix,_•: - I --- _p R•A R -II fS R -Ila - T��^'-- .Y _ HS . 3'I'l\/.?.p- — .. Rilit f��J�' •�: R-111. U. 0 Il q M, LB rt E R-111 i.i RB R -III ;�{iL< •' ii/��. �. L• j'i 4 •i,'< "R -III° _ R•nr R'nl I-: _^.S._.: _) do _ R�CSCIGO/LB �iL_' R -A LB Rill LB '.G7 r�.''1�:::;-':.. LB .: Re ^LB �� /R_1 F D R-1 I' R-1 / i Q R -I "= GOLF a rrr / R-11 O R-11 _•,, :.n .• a.aa R -A- Q •E:.�i- R•1'"�j R -II _ l;•..:' -'. P •i I_ �. / -_ 17 :.j 1 41wLE%/ vaLLEr 1 y9 • /i 1 II i MENDOTA ,-QTS. ll MM -808-2 \ ``_]Ilf•' -_ V� , „ TIN T �. S T.H. 4.9" 1' ♦♦ , f LI j SPUR JNTRY :LUB RB LB I I C E!N ' Fd L I rr r � r r 73 A RDI IL I• •_ I,� _..... / 7�H IIVIEW + / PARKhl / i.Ll A :!A&'KEE i y / '.EFFLE, IACR E -S --I- - / / A EAGANDAL IAC 'I I I I %/ /r� l-crT--n; _ A ego( R4 "u�f GB r I OPP._CIE I It A TOME yT of R-3 Ril R'4 / A P F - 00•` U.S. POSTAL _ SERVICE I Ll - .8r�a 1 riAD C-!TION APC Minutes • December 15, 1983 Representatives from Purolator Courier Corporation were present and stated that the parking lot has a bituminous surface and a fence enclosure. Member Wilkins asked about the existing gasoline tank and whether it would be tested to determine if there is a leakage. Bohne moved, Mulrooney seconded the motion recommending approval of the application, subject to the following conditions: 1. The area for outside storage shall be marked in accordance with the site plan submitted. 2. An application for the conditional use permit shall be submitted annually for approval by the City. All voted in favor. A. J. ADDITION - PRELDCUUff PLAT The hearing regarding the application of Tri -Land Co., Inc. for preliminary plat approval of A. J. Addition, consisting of one acre and two • single family lots located on Lone Oak Road and east of Egan Avenue was convened. Dale Runkle presented the application and Brad Swenson appeared for the applicant. He submitted a letter from the Dakota County Highway Engineer confirming access to Lone Oak Road 216 feet east of Egan Avenue, as proposed by the Developer. He further stated that no safety problems should occur due to the County's position that no median will exist within the County right-of- way. Charles Maloney, a neighboring owner, appeared and stated that if a lot is land -locked according to the County Highway Engineer, that the County must allow access. He objected to the proposed subdivision, indicating it would impact on the integrity of the neighborhood. Member Bohne asked about the average size of the lots located within the neighborhood and Mr. Maloney stated that there were 94 lots in Country Home Heights and only 5 are as low as 19,000 square feet. Wilkins asked if a neighborhood meeting had been held and Mr. Swenson stated that a meeting was held where three residents attended. Storm sewer was installed as a part of the road improvements and a culvert and access is allowed to provide two lots for development, instead of one lot, according to Mr. Lawrence Poppler, the former owner. After lengthy discus- sion, Mulrooney moved, Bohne seconded the motion to recommend approval of the application, with the conditions that arerecommended by the staff. Those in favor were Mulrooney, Bohne, and McCrea. Those against were Turnham, Wilkins, and Hall. The recommendations are as follows: 1. The plat shall be subject to the Park Commission's review and com- ment for the newly created lot. 2. A development agreement shall be entered into and signed by the applicant prior to final. plat approval. /01 3 APC Minutes December 15, 1983 3. The plat shall be subject to Dakota County Plat Commission's review and comment because the plat abuts County Road 26 (Lone Oak Road). 4. Cross easements shall be established for the common entrance for Lots 1 and 2, and only one access shall be allowed. 5. All other City ordinances shall be complied with. 6. A detailed grading and erosion control plan shall be submitted for approval by the Engineering Department. 7. If installed privately, the plans and specifications for utility service connections shall be prepared by a registered engineer and submitted to the Engineering Department for approval. 8. A 50 foot half right-of-way shall be dedicated for Lone Oak Road (County Road 26) for public right -of -way. - 9. Easements shall be dedicated as recommended by City staff. 11 10. Water area, sanitary sewer area, and lateral benefit from trunk • water main (to the extent it applies) shall be the responsibility of this development. 11. All costs for utility installation, grading, etc. shall be the sole responsibility of this proposed development. BERKSHIRE PONDS - REZONING AND PRELIMINARY PLAT The hearing regarding the application of Derrick Co. and Richard Bloom to rezone a roximate1 27 acres from A (Agri ural) to R-1 PD chard dential Single Plan Development District) i order to deviate from the normal single family to zs requirement, apreliminary plat approval of Berkshire Ponds was convened he Chairma The parcel consists of 27 acres and would contain 73 single family is d a proposed 4 acre park located in the Southwest Quarter of the North Quarter of Section 32 on Calaxie Avenue. Dale Runkle presented th application and noted that the land use is R -II with the zoning presently ricultural. The development would provide for a 2.7 dwelling unit per re gross density and 3.1 dwelling unit,per acre net density. The areas the north and south are presently undeveloped and are proposed to be de eloped in accordance with R -II land use including 3 to 6 dwelling units per acre. L� 102- 4 Agenda Information Packet January 17, 1984 City Council Meeting • Page Eighteen PRELIMINARY PLAT/BERKSHIRE PONDS B. Richard H. Bloom, Derrick Land Company, for Rezoning from A to R-1 PD to Allow a Deviation from the R-1 Zoning District Lot Sizes and Lot Width Requirements and Preliminary Plat for Berkshire Ponds Containing 26.95 Acres of 73 Single -Family Lots -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on December 15, 1983, to consider the rezoning and preliminary plat for the proposed Berkshire Ponds development. The Advisory Planning Commission is recQMMendinq approval of both the rezoning and thepreliminary p at. For additional information on this item, re er tf— o tii•e City Planner's report, a copy is enclosed on pages /64 through 11(, . Also a letter was received by the City from Mr. David Sellergren, representing Derrick Land Company, and a copy of that document is enclosed on pagesthrough "Ind . Also enclosed on page J 2U is a copy o�theA —visory Parks Recrea- Recrea- tion Commission action regarding parkland dedication as it relates to Berkshire Ponds. For action that was taken by the Advisory Planning Commission, refer to a copy of those minutes found on page(s) • ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the rezoning from A to R-1 PD, allowing a -deviation from the R-1 zoning district lot sizes and to approve or deny the preliminary plat of Berkshire Ponds. • /p3 • CITY OF EAGAV SUBJECT: REZONING AND PRELIMINARY PLAT, BERKSHIRE PONDS APPLICANT: DERRICK LAND CO., RICHARD BLOOM LOCATION: PART OF THE SWa OF THE NA OF SECTION 32 EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: DECEMBER 15, 1983 DATE OF REPORT: DECEMBER 12, 1983 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED: The first application submitted is a request to rezone approximately 27. -acres from A (Agricultural) District to R-1 PD (Residential Single Planned Development District) in order to deviate from the normal single family lot size requirement. The second application submitted is a request for preliminary plat ap- proval, Berkshire Ponds, which would consist.of approximately 27 acres and contain 73 single family lots and a proposed 4 acre park located • in part of the SW; of the NW4 of Section 32. ZONING AND LAND USE Presently, the property.is zoned A (Agricultural) and would allow only one home per 5 -acre tract. The Eagan Land Use Guide Plan designates this parcel as R -I -I (Mixed Residential) with a density of 3-6 dwelling units per acre. The proposed development has a gross density of 2.7 dwelling units per acre and a net density of 3.1 dwelling units per acre. Therefore, it appears that the proposed development request is in accordance with the density allowed in the Comprehensive Guide Plan. COMMENTS The proposed plat abuts I -35E rights-of-way on the west and Galaxie Avenue on the east. The area to the'north and south are presently un- developed and is proposed to develop in accordance with an R-II:.wi.th..a density of 3-6 dwelling units per acre. Directly east of this pro- posed development is Park Ridge, a.single family development which al- so deviates from the, lot size requirements. The proposed plat will consist of 73 single family lots of which all have a minimum of 60 -foot lot width and the smallest lot area is 8,500 square feet to 28,100 square feet, or an average of 11,256 square feet. The proposed lots are serviced by a curvilineal street design with two • accesses onto Galaxie Avenue. The 4.07 acres of park being proposed has been reviewed infgrmally by the'Park Commission and has not had officially action at this time. The developer is providing this park /0A_ CITY OF EAGAN REZONING AND PRELIMINARY PLAT, BERKSHIRE PONDS • DECEMBER 15, 1983 PAGE TWO as a twofold measure: 1) To provide a buffering from I -35E rights-of-way 2) To provide some active park area within this neighborhood. If the Park Commission decides not to elect to take this as parkland, the developer should look at providing this as an outlot and maintain- ing this park in a homeowner's association by this development or plat. The applicant has submitted the detailed grading plan showing how the homes will fit on each of the proposed lots. The applicant has not labeled the type of unit proposed and should add this or revise this exhibit showing the type of unit proposed on each of the proposed lots. If approved, the preliminary plat and rezoning shall be subject to the following conditions: 1) A planned development agreement be drafted in accordance with the specific plan approved by the Advisory Planning Commission and City Council. 2) Deviations from lot size for R-1 be allowed in accordance with • this specific plan. 3) The plat be reviewed by the Minnesota Department of Transporta- tion because the plat abuts State rights-of-way. 4) The plat be subject to the Park Commission's'review and comment regarding the proposed park dedication. 5) All lots shall contain a minimum of 60' lot widths at the 30' setback. 6) The detailed grading and house elevation exhibit be amended to include type of unit being proposed on the lots. This ex- hibit should be submitted prior to final plat application. DCR/jach ENGINEERING RECOMMENDATIONS '7) A detailed grading and erosion control plan shall be submitted for approval incorporating additional grading required to in- corporate the storage volume in Pond AP -16 lost to the propos- ed grading'. 8) An approved method of interconnecting the two ponds incorpor- ating Pond AP -16 shall be determined. SDS CITY OF EAGAN • REZONING AND PRELIMINARY PLAT, BERKSHIRE PONDS DECEMBER 15, 1983 PAGE THREE Engineering Recommendations continued, 9) If installed privately, plans and specifications for internal streets and utilities shall be prepared by a registered engi- neer in accordance with City standards and submitted to the Engineering Department for approval. 10) No individual access to Galaxie Drive shall be allowed. 11) The north -south dead-end street shall be eliminated and re- placed with a cul-de-sac. 12) Ponding easements incorporating the high water elevation of Pond AP -16 shall be dedicated as a part of this plat. 13) All internal easements shall be dedicated as required by staff. 19) All publicly -dedicated right-of-way shall be 60' unless ex- tenuating circumstances dictate otherwise. • 15) Adequate right-of-wayforGalaxie Avenue shall be dedicated to provide a 50' half right-of-way. 16) This development shall accept its responsibility for trunk area storm sewer assessments at the rate in effect,at the time of final plat approval. 17) The cost of providing all internal utilities and streets shall be the sole responsibility of this development. RMH/jach n U /06 MEMO TO: THE ADVISORY PLANNING COMMISSION, DALE C. RUNKLE, CITY PLAN- • NER FROM: RICHARD M. HEFTI, ASSISTANT CITY ENGINEER DATE: DECEMBER 12, 1983 SUBJECT: BERKSHIRE PONDS PRELIMINARY PLAT The Engineering Division of the Department of Public Works has the following comments regarding this proposed development for consider- ation by the Advisory Planning Commission and City Council. DRAINAGE/TOPOGRAPHY Existing topography for this proposed development consists of hilly grassland with several depressions. This proposed development lies within Drainage District A as evidenced by Figure 1. As a result, the existing drainage for this development flows, for the most part, to the northwest into two small ponds designated as Pond AP -16 on the City's Storm Sewer.Master.Plan. Although both of these small ponds are included as one on the Master Plan, only the northerly pond has been provided with a positive gravity outlet. Meanwhile, the exist- ing slopes for this proposed development range from 5-208. In order to obtain buildable lots on this topography, it will be nec- • essary for the low areas to be filled in by taking material from the hilly areas. However, the proposed grading will fill in approximate- ly 3/4 of an acre of ponding area for Pond AP -16. Subsequently, this development will be required to provide the necessary grading to main- tain the storage capacity of AP -16 as designated for the City's Storm Sewer Master Plan. In addition to a detailed grading and erosion con- trol plan being submitted for regular approval, an approved method of connecting the southerly pond in the northerly pond will need to be determined since preliminary indications are the Advisory Park Commis- sion will not accept the proposed land area park dedication. UTILITIES Utilities of sufficient size, capacity and depth exist in the proxi- mity of this proposed development as can be seen by Figure 2. A 12" trunk sanitary sewer cuts through the northern tip of this proposed development along with a 16" trunk water main and an 18" trunk storm sewer. In addition, a 20" water main is located within Galaxie Ave- nue with an 8" service stub to the west. All internal utilities shall be constructed and installed to City • standards. If these utilities are installed privately, then the 10-7 ENGINEERING REPORT • BERKSHIRE PONDS PRELIMINARY PLAT DECEMBER 15, 1983 PAGE TWO plans and specifications should be prepared by a registered engineer. and submitted for approval. The preliminary utility plans appear to be in accordance with the City's Master water and Sewer Plans. In order to conform to the City's Master Storm Sewer Plan, the two ponds lying within this development must be connected by approved methods. STREETS Access to this proposed development is currently provided by Galaxie Avenue which is a 46' wide 9 -ton design street with concrete curb and gutter and bituminous surfacing. The northwesterly portion of this proposed development will border I -35E, which, of course, allows no access to it. Proposed access to this development is by way of two street connec- tions to Galaxie Avenue. One will be directly across from Covington Lane and the other will be approximately 500 feet north. In addition, additional access to the north and to the south are being provided by stubbing streets to the property line. However, staff feels the pro- posed stub street running to the north is not really necessary since the triangle portion to'the north has -access provided to it off of old Galaxie Road. Subsequently, staff feels the northerly portion of this •. development could be served better by a short cul-de-sac. Otherwise, staff concurs with the remaining access points. However, staff does not recommend allowing any individual access to Galaxie Avenue. Subsequently, the internal street layout will have to be modified to provide access to the three lots in the southeast corner of this proposed development. As the Commission knows, access was granted directly across the street for two lots in the Park Ridge Addition. This was allowed for the reason that these lots abutted a pond, and subsequently, could not gain access to the east. This is not true for this situation since the same topographic constraints do not exist for this development. Otherwise, staff concurs with the remaining street layout which provides for excellent circulation. RIGHT-OF-WAY/EASEMENTS Additional right-of-way shall be dedicated for Galaxie Avenue to pro- vide for a total of a 50' half right-of-way. In addition, all inter- ior street right-of-way should be dedicated to a 60' width unless ap- proved otherwise by staff due to extenuating circumstances. A 10' utility easement shall be dedicated adjacent to all publicly dedicated right-of-way with a 5' drainage and utility easement being dedicated adjacent all external lot lines and a 10' drainage and util- ity easement being dedicated over all internal lot lines. Also, pond- ing easements will be required to encompass the high water elevation for Pond AP -16. Other easements over public utilities should be ENGINEERING REPORT BERKSHIRE PONDS PRELIMINARY PLAT • DECEMBER 15,, 1983. PAGE THREE dedicated per staff recommendation. ASSESSMENTS In reviewing the assessment records for this parcel, it was revealed that trunk area storm sewer had not been levied. Otherwise, all re- maining trunk area assessments have been levied at their respective rates. Therefore, it should be this development's responsibility to accept the trunk area storm sewer assessments over the net platted area at the rates in effect at the time of final plat approval. Pre- sently, this would amount to $36,400. This may either be paid at the time of final platting or assessed via a waiver of hearing. All costs for installation of internal utilities and streets shall be the sole responsibility of this development. I will be available to discuss any aspect of this report in detail with the Advisory Planning Commission at the December 15, 1983 meet- ing. Respectfully submitted, • H Richard M. a ti, P.E. Assistant City Engineer RMH/jach I C) • .A.n z \7911 ARV ( UL.- -/ (l_ � ,.J.., .�-. B0-2 "'. 06200 B/BOV I AP -2 ��1(E�] 1 �• BSBe :'� 0140 1 IB=e 8660 `I; •.OJ.dIE . NiaW,' A•m ,� �l ' I �866.0_� -";'lI � ` SI IJ,- B-! Sri IT , 7E Aro. fa 1-Ao PI 1Y.. ..- A•r— ;�_._— 1 ._ 1 �� __� S7%N •0.711;, 1•q.j-. ,�' 9F.3 a I BB13 B -erg BP -27 B9lo ! a; 1 eI.WIE BB20 _r \a � L Vit, •eH / nr I BP -25 ; BP -4 J 90 �1 0863�B•y / 910240 AP -35_ J•- - -__ �_; • _ _ «J c s .-CL'_::tr R B -a_ BB40 v I -7 � B-E BP -24 m BBBO��1 ..-S, 918.01 \` BP•5- 1 _ 974'0 814.0 i.P1 0' BB3.SI 909 T °a70 I - h / • 7. 970.0 ' .,// / 4P•T SBP -23 a' I BBel� ^i 89440 /�Q3StO eei���B797' ,.MBP-2`ri./M1' RD -A .;B 81� ;-�-� AP -22 e770 / //•• gI 12 Ir -_ 1 - - -AP-14 906.0 910.0 1976OS ject -o arcel , AP -IB 923.1 -.. a, I 97"0 /J • �w��/wj• 9380 AP -17 901. , DAKOTA COUNTY PARK B9359`f I ayfi,( 9110 9 6i : :': z •f,4A•TT 7 Ill �? 1 V .. .AP -33 I...... .,; d 4. .00 1 f'=`'• 9BB04.00� E_ST.SE:"i 1 / -9,0,05s, APPLE VALLEY LEGEND FIG. 1 Ito 8706 JP -35869• 8707 37 JP -49 T' i LP -63 8560 Bs&0 _ .1 97 FT L•1 �. gPlp7 �� � �4\s �\`19D LS -21 �• LP -56 ti PONDING AREAS . . . . . . . . . . . . V STORM SEWERS (411slir41 . . . . . . . . STOW SEWERS (PW -4) . . . . . . . . STORY LIFT STATION 4-111- l . . . . . . R STORM LIFT STATION (prftP ) . . . . . . D FORCE YAIN. 9490 I 9490 90.7 •STORM MAJOR DrvIS10M5 . . . . . . . . . . ---- NORMAL WATER LEVEL . . . . . . . . . 9000 POND NIGH WATER LEVEL . .. . . . . . 9000 OVERLAND ORAWAG( ROUTE.. . . . . . FIG. 1 Ito 8706 JP -35869• 8707 37 JP -49 T' i LP -63 8560 Bs&0 _ .1 97 FT L•1 �. gPlp7 �� � �4\s �\`19D LS -21 �• LP -56 ti 9sB0 t/10 'y912.0 - _— - /•1 aam lrJ/ i�LP1IYHOTA 17L � 11E�f�/ Lill 9sB0 LP -60 - - _— - /•1 967.0 1 lrJ/ 1 I LP -10 I I _ L. i-22 ti LP -9 V I 9490 I 9490 90.7 II ' 11 STORM SEWER MAP CITY OF N - { •SEE SHEET 10 cl cc Y 1 Q ' Y S I .. _... _ CLIFF +a62 _-------------- — - 578 --- ., W 969 HTo.ecv - — ' � R , W a X964 •---- .r �:- ��. \ ./ j I 'To ---�� -- -"-* `-968 964' TO - - - - - - wyo /�lnecv BGv 965 967 \ \ �o 89 5 Q°892 I o , rz— a I.............. w:f• Si� � 7f .,.e a cv - -- 890 %To s o v ,6 �r l �P �89 895 q. F I b.. 2 ' III SEE SHEET 0 PRELIMINARY PLAT OF BERKSHIRE PONDS EXCEPT= =.syr . It • fyl li 1 I _1 1 I- 1 1 I ! . • • r I I O Y INI(AINO OMPRNW. INC. '+ Ell vl � tai E_1 LJ � • 4 1 •..u. nn .. rn....to n.b.ru. qum uw .a.rm � I•lonmr ntcle.ral fEYFALL .solouTorl ••^•_. �. :....�_.� ::;_ " - _ amrr tar r.wpmr ..rs I .� rt Ytl1 r..v uTl 1•ar .f.Y.Ot b n rre. IOY. Y111 r1...T Quem to unl ti .nt I.r.In lar Ia1 1.100 n ra ♦uYn ur w W. art r.Ml .alw WYNrt rMY •0[\I Yilr. nYarl I %= Ir.nl O Y.t{I 1. CIAK0TA Ci:;liTY PHtLIMINARY PLAT DERRICK LAND COMPANY 'r �' C -z BERKSHIRE . PONDS ENGINEERING COMPANY, INC. PREUMINARY UTIUTY PLAN DERRICK LAND COMPANY �.0 �I I PREUMINARY UTIUTY PLAN DERRICK LAND COMPANY lli q6 2 LE3 p Ind. 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E.AALCS S. Mo.ELL ....NQ M.C. J D�crxEN RICNAAD I. DIAMOND JO.M R. St.,". erEPMEN o..0L..o. Jon. C. mc.L I.... E.OER O. R[1C,OOir Tv... nB.cA .a.A. P, arOLT.A. B r cvEN o, LCV.N January 10, 1984 LARMN, HOFFM.A,,T, DA -Ly & LINDGREN. LTD. ATTORNEYS AT LAW Per[A A, SCCA JON a Sw1CRi[."' N¢MA[L [. rwAPOCB 1500 NORTHWESTERN FINANCIAL CENTER R.... CA "IN K[.. 7900 XERXES AVENUE SOUTH ... CST O .0-0- M[9 P_ OVINX MINNEAPOLIS. MINNESOTA 55431 -IC ... I C, JAC.MAN C-CURr1. TELEPHONE 16121 935-3000 OAN..L A. OVINLAN +CROs N A[ TELECOPIER NO 1612) 035-5102 TODD I TRCC MAN CAr- C. OORUN N ... W MrtCn[LL 1700 [IRST BANK PLACE WEST FEDERAL PRACTICE PARTNERSHIP M. DAV�O O. O[LL[R .IOM. A. COTT[R 120 SOUTH SIXTH STREET LARKIN. MCCAPINT, NOCL.'ALM & MINSMALL r.LCCN M OATCO NOMAS O. M-COONALO MINN(APOLIS. MINNESOTA 55402 SUITE 1110 1..11 L MOLT eRADL[. M Rr AN TELEPHONE I612 ]]8-0010 I]OI PENNSYLVANIA, N. W. e[M O1AI.1C1 A OTM W[ILCR WASHINGTON, O. C. 20004 BMCRRILL O.A. AURCTIC. P AUL O. PLUNKETT TELEPHONE 12021737-1000 SUSAN R......B.T DVeA. C, OAR.CS • O... ORAOr AIL.0W TC RM .AO M1 r,.S1CON.SON Or CO UN SCI ame -N LJ. nR[n TO.E The Honorable Bea Blomquist 4504 Oak Chase Road Eagan, Minnesota 55123 Re: Berkshire Ponds - Rezoning and Preliminary Plat • Dear Mayor Blomquist: We represent Derrick Land Company. Derrick Land Company has applied for a rezoning from A (Agricultural) to R-1PD (Residential Single - Family Planned Development District) and for preliminary plat approval for approximately 27 acres of land lying between I -35E and Galaxy Avenue, west of the planned development known as Park Ridge. The application is on the Council agenda for January 17, 1984, with a recommendation of approval from the Planning Commission. We are aware that the City Council has had several discussions in recent weeks with respect to the circumstances under which single- family residential planned developments and the associated flexibility with respect to design and lot size requirements are appropriate. We set forth in this letter the facts and reasons why Berkshire Ponds is consistent with Council policies and the zoning and subdivision ordinances of the City of Eagan. We do so in this letter because your recent discussions indicate your concern that single- family residential planned developments should not be treated as a routine matter. Berkshire Ponds was carefully structured so as to be consistent with the policies of the Council as expressed in the Eagan Comprehensive Guide Plan, especially the housing section; the policies set forth in •the special joint meeting of the Planning Commission and City Council of April 12, 1983; and the recent restatement of those policies by the Council late in December. 1983. (I-7 L.ARKI j, HOFF?IAN, DALY & LINDGREX. LTD. • The Honorable Bea Blomquist January 10, 1984 Page 2 This is a unique site because of its location and condition. A number of areas in the City are perfectly appropriate for normal lot sizes and widths; this is not one of them. It is not a particularly attractive site. This site, moreover, is isolated from existing or proposed large lot or standard lot single-family developments. It is, in fact, consistent in density with a development to the east. Zoning Ordinance standards for planned development include that the proposal is better adapted to physical setting and those of surrounding lands. The second standard is that it is feasible for the owner to economically complete in the manner proposed, in fact, more feasible than some other alternatives. The same section of the ordinance indicates that a standard for planned development approval is that it benefit the community at large to a greater degree than the underlying zoning district. That judgment was made by the Council when it designated the site and adjacent lands in the Land Use Plan for density of three to six units an acre. The land is located between a Community Collector street and I -35E. • It is gently rolling with a few standing trees. (The prior owner of the land removed nearly all of the trees.) The few trees exist in a ponding area which is proposed to be used as park for the neighborhood to be created. Thus, the sole amenity on the site is being preserved for neighborhood use and buffer from I -35E. Of course, a number of plantings will be done to enhance the environment for the homes. The street and lot layout makes optimum use of the existing terrain. These factors, then, meet the first standard of the ordinance stated in the preceding paragraph. The second and third stated standards are also met. The proposed density is consistent with the Land Use Plan for this site'and adjacent lands. We have requested k-1 PD for two primary reasons. First, it mandates that we develop the land exactly as it has been proposed. A rezoning to R-2 or R-3 would give the landowner the later option of proposing a different development scheme which would then be consistent with the zoning obtained. Second, it is consistent with the needs of the potential home buyers. Derrick Land Company does not believe that the land can be developed and sold in the near future if developed in the nature of townhouse development. Berkshire Ponds proposes 73 single-family lots and a four -acre park. Its gross.density is 2.7 dwelling units per acre and its net density is 3.1 dwelling units per acre. The minimum width at the front yard setback on all lots is 65 feet; the minimum depth is 130 feet; the • average lot size is 11,250 square feet. These minimums and lot sizes are larger than a number of planned developments recently approved by the Council, such as Northview Meadows, Sheffield, Sun Cliff and Park Ridge. LARKIN, HOFF%IAN, DALT & LINDGREN, LTD. is The Honorable Bea Blomquist January 10, 1984 Page 3 The specific design of the subdivision was discussed in detail with the Planning Commission. Derrick Land Company worked closely with the engineering department and was responsive to Planning Commission suggestions. All of the conditions attached to the approval of the Planning Commission are acceptable to Derrick Land Company. We urge that the Council approve Berkshire Ponds. Larry Frank of Derrick Land Company will be contacting Councilmembers to ascertain whether any of you wish to inspect the site and have him explain the appropriateness of the Berkshire Ponds proposal in response to the land form and location. We will appear on January 17 to expand on this letter and respond to your questions and comments. If any of you have any questions or comments prior to the Council meeting, please feel free to call Mr. Frank (w) 546-2276 (h) 454-7323 or me. Sincerely yours, E David C. Sellergren, LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. mp cc: Tom Hedges Dale Runkle Derrick Land Company 17j January 10, 1984 • MEMO TO: HONORABLE MAYOR AND CITY COUNCIL TOM HEDGES, CITY ADMINISTRATOR yam" OM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: ADVISORY PARKS AND RECREATION COMMISSION ACTION; BERKSHIRE PONDS At the regular meeting of the Advisory Parks and Recreation Commission on January 5, 1984, the Advisory Commission reviewed the proposed park- land dedication for Berkshire Pond from Derrick Land Company. Mr. Larry Frank of Derrick Land Company proposed that the City accept approximately four acres of parkland of which 2.5 acres is land with remainder in ponds., Mr. Frank had previously appeared at the December Advisory Commission to propose that the City accept the land parcel in fulfillment of the parks dedication requirement. This item was tabled at the December meeting pending Advisory Planning Commission review. Mr. Frank indicated that the developer would construct a buffer against 35E and provide a tot lot and some grading within the park. In review of the proposed parkland area, the Advisory Commission noted that the park is in the service district in which Ridgecliff neighbor- hood park has already been dedicated. This park is accessible to this proposed plat via walkway along Covington Avenue. The Commission also • questioned the advisability of providing a tot lot in such close proximity to two ponding areas. There is also a discussion by the Commission at the request of the developer for issuance of park dedication credit if the de- veloper were to retain this area as a private park. • After additional discussion, Chairman Martin moved, seconded by Doug McNeely, to recommend to the City Council that a cash dedication for Berkshire Pond Development be made. The Commission cited the small size of the park parcel, proximity and accessibility to Ridgecliff Park, the unacceptability of the proposed tot lot, finding that the parcel would not benefit the City's park system. KV/js CC: Dale Runkle, City Planner Tom Colbert, Director of Public Works Judy Heald, Planning Secretary Paul Hauge, City Attorney File I2-0 • APC Minutes December 15, 1983 3. The plat shall be subject to Dakota CouHthe t ommission's review and comment because the plat abuts County Road 26ak Road). Cross easements shall be established common entrance for Lots 1 d 2, and only one access shall be allow. 5. All%t'erClty ordinances shall becomplied with. 6. A dgrading/erosiontrol plan shall be submitted for approval by the Engineering 7. If installed ppr ns and'specifications for utility service connections shall be registered engineer and submitted to the Engineering Departmen 8. A 50 foot half ight-of-way shall be dedicated for Lone Oak Road (County Road 26) for p is right-of-way. 9. Easement shall be dedicated as recommended by City staff. 10. orate area, sanitary sewer area, and lateral' -benefit from trunk • water main o the extent it applies) shall be the responsibility of this developmen \ 1 All costs for utility installation, grading, etc. shall be the sole responsibility of this proposed development. • BERKSHIRE PONDS - REZONING AND..PRELIlQHAAY PLAT The hearing regarding the application of Derrick Land Co. and Richard Bloom to rezone approximately 27 acres from A (Agricultural) to R-1 PD (Resi- dential Single Planned Development District) in order to deviate from the normal single family lot size requirement, and preliminary plat approval of Berkshire Ponds was convened by the Chairman. The parcel consists of 27 acres and would contain 73 single family lots and -a proposed 4 acre park located in the Southwest Quarter of the Northwest Quarter of Section 32 on Galaxie Avenue. I - Dale Runkle presented the application and noted that the land use is R -II with the zoning presently Agricultural. The development would provide for a 2.7 dwelling unit per acre gross density and 3.1 dwelling unit per acre net density. The areas to the north and south are presently undeveloped and are proposed to be developed in accordance with R -II l,and use including 3 to 6 dwelling units per acre. in APC Minutes • December 15, 1983 The 73 single family lots would have a minimum 65 foot lot width,. and the smallest lot area is 8,500 square feet with an average of 11,256 square feet. Six lots meet all the minimum requirements, 11 lots do not meet the lot width minimum requirements and 56 lots are below the 12,000 square footage and also below the 85 foot minimum frontage. David Sellergren, attorney, appeared together with Larry Frank of Derrick Land Company, and Bill Maurer of Probe Engineering. Mr. Sellergren stated that constraints existed because of I -35E and Galaxie Avenue and also recommended that the park be accepted by the City because of its being a self-contained area. He stated that the R-1 PD re- quested does not allow for variances but to create greater controls by the City. He also stated it's not economically feasible for R-1 minimum standard lots and the Comprehensive Plan allows 3 to 6 units per acre on the site. He stated the minimum frontage would be 65 feet and the intention is to sell all lots to one developer. He also requested that the 60 foot right-of-way on internal streets not be required and. Mr. Hefti recommended 60 foot right-of- way on the southerly east -west street. The developer also requested access directly to Galaxie from three lots, but that driveway turnarounds will be provided internally on each lot. Byron Watschke has proposed 100 foot front- ages according to Mr. Runkle for the site and objected to the smaller lots. The Park Committee has reviewed the request'for'Park dedication and Mr. Runkle • stated that he understood that the Committee is recommending that it be pri- vately owned and maintained. It was noted that the City Council is currently reviewing small lot and density issues and some members recommended that the matter be continued. McCrea moved, Wilkins seconded the motion to recommend approval of the application for rezoning from A -Agricultural to R-1 PD. Mem- ber Mulrooney opposed the undersizing of lots, noting that by far the highest percentage of lots do not comply with minimum requirements. All voted in favor except Mulrooney who voted no. McCrea then moved, Wilkins seconded the motion to recommend approval of the application for preliminary approval of Berkshire Ponds, subject to the following: • 1. That a planned development agreement shall be executed in accordance with the specific plan approved by the Advisory Planning Commission and City Council. 2. Deviations from lot size for R-1 shall be allowed in accordance with this specific plan. 3. The plat shall be reviewed by the Minnesota Department of Transpor- tation because the plat abuts State rights-of-way. 4. The plat shall be subject to the Park Commission's review and com- ment regarding the proposed park dedication. 5. All lots shall contain a minimum of 65 foot lot widths at the 30 foot setback. 27 5 APC Minutes December 15, 1983 6. The detailed grading and house elevation exhibit shall be amended to include the type of unit being proposed on the lots. This exhibit shall be submitted prior to final plat application. (No other ordinance deviations shall be allowed. . 7. A detailed grading and erosion control plan shall be submitted for approval incorporating additional grading required to incorporate the storage volume in Pond AP -16 lost to the proposed grading. B. An approved method of interconnecting the two ponds incorporating Pond AP -16 shall be determined. 9. If installed privately, plans -and specifications for internal streets and utilities shall be prepared by a registered engineer in accordance with City standards and submitted to the Engineering Department for approval. 10. Access to Galaxie Drive shall be allowed for three lots with no building permit to be allowed without ability for lot turn around. 11. The north -south dead-end street shall be eliminated and replaced with a cul-de-sac. 0 12. Ponding easements incorporating the high water elevation of Pond AP - 16 shall be dedicated as.a part of this plat. . 13. All internal easements shall be dedicated as required by staff. 14. The southerly east -west pub licly-ded ica ted' right-of-way shall be 60 feet. 15. Adequate right-of-way for Galaxie Avenue shall be dedicated to provide a 50 foot half right-of-way. 16. This development shall accept its responsibility for trunk area storm sewer assessments at the rate in affect at the time of final plat approval. 17. The cost of providing all internal utilities and streets shall be the sole responsibility of this development. p.m. All voted in favor except Mulrooney who voted no. ADJOURNMENT Upon motion duly made and seconded, the regular meeting adjourned at 9:40 ;�3 Secretary PHH • • • Agenda Information Packet January 17, 1984'City Council Meeting Page Nineteen SIDE SETBACK VARIANCE/KEMP PROPERTY C. Jeffrey and Diane Kemp for a 20' Side. Setback Variance to the 50' Requirement Along Wescott Road -- An application has been submitted to the City Council requesting a 20' side setback variance in order that a single-family home can be con- structed within 30 feet from a right-of-way of a public street for Lot 1, Block 3, Drexel Heights Addition. The City Planner has reviewed the request and a copy of his report is enclosed on pages I15 through 130 ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the side setback variance as requested by Mr. and Mrs. Jeffrey Kemp. )ak • CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: JEFFREY & DIANE KEMP LOCATION: LOT 1, BLOCK 3, DREXEL HEIGHTS ADDITION EXISTING ZONING: R-1 (RESIDENTIAL SINGLE DISTRICT) UNDER THE PILOT KNOB HEIGHTS PLANNED DEVELOPMENT DATE OF PUBLIC HEARING: JANUARY 17, 1984 DATE OF REPORT: JANUARY 11, 1984 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been submitted requesting a 20' side setback variance in order that a single family home can be constructed within 30' from a right-of-way of a public street for Lot 1, Block 3, Drexel Heights Addition. COMMENTS in review of other setbacks for existing homes along Wescott Road, it • appears that the City has used between a 40-50' setback requirement from Wescott Road. According to Chapter 11 of the City Code, a 50' setback would be required due to the type, classification and right- of-way dedicated for Wescott Road. In review of Lot 1, Block 3, the access to this lot is from Dresden Court to Wescott Road. The southerly property line of Lot 1 abuts the Wescott Road right-of-way. There is, however, a unique situa=- tion in regard to this particular right-of-way. Just west of where Dresden Court has access to Wescott Road, the right-of-way for Wes- cott Road is shifting south of the section line separating Section 15 from 22. The northerly right-of-way line was this section line up to where Dresden Court has access with Wescott Road. Just east of this particular location the right-of-way starts moving south- ward away from this section line creating a gap between the right- of-way line and the section line. This gap is approximately 20-24 feet where Lot 1, Block 3 abuts Wescott Road. This gap has also been dedicated to the City for additional right-of-way for Wescott Road. In looking from the center of Wescott Road, the northerly half of right-of-way would consist of approximately 70-75 feet on the north half and only 50' on the southerly half. Therefore, additional right-of-way had been provided which is not really necessary.for this particular roadway. If the normal right-of-way of 50' would be platted, this right-of-way would be shown approximately one foot behind the sidewalk trailway on the north, and from this right-of- way to the building setback would then be the 50' which the City would require. Due to the excess right-of-way dedicated, the appli- cant cannot meet that 50' setback requirement and is requesting the 20' side setback variance. gas' CITY OF EAGAN VARIANCE - JEFFREY & DIANE KEMP • JANUARY -17, 1984 PAGE TWO In review of this particular situation, it appears that there is ex- cessive right-of-way in this location. The applicant is meeting the intent of the ordinance to provide adequate setback from a community collector street. However, due to the excessive boulevard, the appli- cant is maintaining the overall intent of the ordinance for adequate setback. If approved, the variance should be subject to the following condi- tions: 1) A minimum of 30' should be maintained from the southerly pro- perty line. 2) All other ordinance requirements shall be adhered to. DCR/jack • • VARIANCE APPLICATION • • The variance being applied for involves; Lot 1 Block 3 Drexel Heights Addition. We are requesting permission to build a home thirty feet from our property line off of Wescott Road instead of the fifty feet now required. This variance would improve the solar access for solar panels and would allow us to leave more trees along Wescott Road. It would also en- able us to build a garage large enough for our needs. If this variance were granted) we would still be approximately seventy-two feet in from the near curb. 1a7 LOT 1 BLOCK 3 DREXEL HEIGHTS ADDITION I Ino co co \° 3 I I jI M 318.75 _ Lye,_, }� (D SEE SHEET 5 CB-103r� jN 15 _ =-i- - PROPOSED _ __ C8MH-103 ------�_- WATER MAIN •.� 060-51 070-5I OGO.%l '• City of Eagan \ o is �� r• r% / ; ;i / o¢-oo- I, ' � "/`I a �- 1� — — — ..► Y q f fY..» 16 7 city at /r .:•Y�t.- , e €e .rl ' Y f A �\ ; airy .% •T^� b Q _� r r 010-52 City of Eagan�,,i �� , - X11. $ // P 010-00 ? • 3s% oaf: 4 � � � ..y. Ob 10 P�Yra..�a.L. r. QF i �a ¢• VY\ �t \/` ;;;; ,, r; i %L M lob ..030-00 :Q 1 < . NR •i / eSV k' t: 44 City a�6• C�T::•R C tots w !1 Q7 • - /�� �� • \\ D M i G'o O • 3 �e� e � e y 040-7t' - 7 ••aye ►t 1 • l \ _ Y tNr» �Y.1 `d7\ Agenda Information Packet • January 17, 1984 City Council Meeting Page Twenty ADDITIONAL' ITEMS MUNICIPAL CENTER CHANGE ORDERS A. Municipal Centers Change Orders -- The City Administrator presented a lengthy discussion as a part of the agenda information for the December 20, 1983, City Council meeting regarding the final change order for the Municipal Center project. The City Administrator at the time the memorandum was prepared did not have. the full explanation from the architect as to why certain change orders were necessary. The City Administrator and Chief Building Inspector, who coordinated the final punch list with Voronyak Construction Inc., had several concerns not only about items that needed to be completed and/or corrected but also questions about specifically two (2) change orders. To date, the final punch list has not been totally satisfied; however, the contractor and architect are both responding to all the needs presented by the Chief Building Inspector and City Administra- tor. Regarding the final change orders #3 and #4, the City Administrator expressed some dissatisfaction over a portion of change order #4 which, includes emergency lighting. The City • had taken a position before contracts were let on this project that emergency lighting would be necessary due to the fact the standby generator utilized for the Police Department would not be adequate for the entire Municipal Center. -The architect reviewed this matter with his electrical engineers and they determined that the generator would be adequate to handle the entire Municipal Center. Therefore, there was no money provided for emergency power packs to provide lighting for the Municipal Center in case of an emergency need for lighting. The City Administration has contended that this decision was not correct during construction and upon final completion of the project a test was run and it was determined that with the addition of the Municipal Center lighting in addition to all the needs of the Police Department, the generator would be at maximum load and therefore, the emergency lighting would be necessary in addition to the standby generator. Therefore, to meet code requirenients, emergency lighting in the amount of $2,857.45 was installed. The City Administrator has asked that a certain reduction, approximately 108, at least be provided by the electrical engineers who were in error with their original calculations. The other issue had related to an elevator equipment room that was constructed in error of the original building plans. The elevator equipment room that must be provided to meet elevator code requirements was to be constructed in what the City had been using as vault storage in the basement of the building. It was determined by the architects that room was for vault • storage and that an additional room must be constructed as the elevator equipment room. Technically, that room would not have 131 Agenda Information Packet January 17, 1984 City Council Meeting Page Twenty -One • been required; however, if the room had not been constructed, the City would have lost a basement vault storage area. Upon final review of all change orders with the architect, the City Administrator is satisfied, particularly with the changes that the architect has made, these change orders should be considered. For a copy of Mr. Boarman's letter and a copy of the two change orders, refer to pages _f3through i3g . Also, the architect is requesting approval of the final architect's fee for the project. The City Council might recall that the compensation that was agreed to is based on the following: 1)- the initial compensation shall be a fee of $4,000 for program- ming, preliminary design, cost estimating and pre -bond referendum assistance; 2) the final compensation if the referendum passes will be 98 of total project cost if only a City Hall addition• and 88 of total project if the City Hall and Fire Station addition are included; 3) the initial compensation is to be accredited toward the total fee. The basic contract also calls for any change orders that are owner -items, the architect is eligible for an 88 total fee of these items. The City Administrator had argued from the time the original change orders were presented until the final change orders were presented that certain changes were not the responsibility of the City, which include the electri- cal lighting. By eliminating those changes, the percent fee • on the change orders was reduced for the final fee to the architect. Also, the City Administrator was very displeased with how a staff person at Boarman Architects, Inc. handled the architect's responsibility as it relates to the purchase of furniture. Consequently, the architect has agreed to eliminate any fee on their work performed on the furniture. The City Administrator has requested a letter from Mr. Boarman regarding his final fee schedule, a copy is enclosed for your review on pages through fq-1 Also enclosed on page is a copy of the final Eee update as presented by Mr. Boarman. The total fee balance to be approved is $8,671. This is a reduction of approximately $2,000 in total fee from the time the first fee balance was submitted to the City in November 1983. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the final change orders for the Minicipal Center project and to approve or deny the final fee for Boarman Architects, Inc. Special Note: There will still be a final payment to Voronyak Construction, Inc. to satisfy the final punch list. Also the building is under guarantee and Voronyak is required to correct any problems that may occur for approximately one year. • CHANGE ORDER W1 DOCUMENT 0701 ,7. OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ OTHER PROJECT: Eagan Municipal Center CHANGE ORDER NUMBER: 3 (name,address) Eagan, Minnesota TO (Contractor) F —] ARCHITECT'S PROJECT NO: 1037.1 Voronyak Construction, Inc. CONTRACT FOR: 3070 Ranchview Lane Complete Construction Plymouth; MN 55447 L J CONTRACT DATE: April 5, 1983 You are directed to make the following changes iri this Contract: 3. Provide and install exhaust fan N2 ADD $1,642.05 replacement as per Nelson-Rudie letter dated October 24, 1983. Fan $822.00 Labor $494.00 Overhead &Profit $ 76.00 Electrical Con. $ 45.00. $1,431.00 • Contractor Fee 205.05 $1,642.05 TOTAL ADD: $3,276.20 The original Contract Sum was . . . . . . . . . . . . . . . . . ' . S 801,998.00 Net change by previous Change Orders . . . . . . . . . . . . . . . . } . s 10,584.30 The Contract Sum prior to Ihis Change Order was . . . . . . . . . . . .. S 812, 582.30 The Contract Sum will be (increased) I by this Change Order . . . $ 3,276.20 The new Contract Sum including this Change Order will be . . . . . . . . . . . $ 815,858.50 The Contract Time will be (increased) •omr% . by (, 30 ) Days. The Date of Completion as of the date of this Change Order therefore is November 15, 1983 Boarman Architects, Inc. 15 South 5th Street' V6ronyak Construction,.Inc. City of Eagan ARCHITECT 10 Chamber of Commerce CONTRACTOR - OWNER 3070 Ranrhl;iew lane 3795 Piln Knob_Roa-d Address Mpl s . , -MN 55402 Address Address Mpls., MN 55441 Eagan; MN BYE B�, 19 /7/9 er a Oloaquist, MayoF DATE DATE BY- E. y E. J. Van Overbeke, City Clerk 13b Date: AIA_DOCUMENT 6701 CHANGE ORDER • APRIL 1970 EDITION. • AIA® • 0 1970 • THE r1Nr nnr.F CHANGE ORDER AIA DOCUMENT 0707 OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ OTHER PROJECT: Eagan Municipal Center (name, address) Eagan, Minnesota TO (Contractor) F _VoronyW Construction, Inc 3070 Ranchview Lane Plymouth, MN 55447 CHANGE ORDER NUMBER: 3 ARCHITECT'S PROJECT NO: 1037.1 CONTRACT FOR: -Complete Construction L J CONTRACT DATE: You are directed to make the following changes in this Contract: 1. Provide and install mechanical ventilation to existing bdildin9 elevator equipment room. 2 Fire Dampers $110.00 2 F.D. Sleeves $ 40.00 . 2 Grills $ 90.00 Cutting &.Patching $180.00 Labor $415.00 Overhead & Profit $ 41:00 = 876.00 Contractor Fee $131.40 TOTAL $1,007.40 • . Provide and .install electrical requirements in existing building elevator equipment room. Relocate Disconnect switch $425.00 Relocate Fire Alarm & Telephone and'add Duplex receptacle $120.00 545.00 . Contractor Fee $ 81.75 TOTAL 626.75 • (Cont. Next Page) 137 April 5, 1983 :,. Add e u $1,007.40 eo N $ 626.75 60 I OWNER CHANGE ARCHITECT ❑ ORDER CONTRACTOR ❑ FIELD ❑ �IA DOCUMENT G70T O7HER PROJECT: Eagan Municipal Center CHANGE ORDER NUMBER: 4 (name, address)Eagan, Minnesota TO (Contractor) ARCHITECT'S PROJECT NO: 1037.1 Voronyak Construction, Inc. CONTRACT FOR: 3070 Ranchview Lane Complete Construction Plymouth, MN 55447 L J CONTRACT DATE: April 5, 1983 You are directed to make the following changes in this Contract: 1. Delete the general construction for rooms 22 through 26 in the basement (doors, frames, and O hardware to be turned over to owner.) Deduct ($ 3,460.00) 2. Delete installation of four (4) telephone receptacles in existing police station as fl 4 per drawing E-2 dated September 16, 1983. Deduct ($ 180.00) O 3. Delete relocation of police sign. Deduct ($ 150.00) �l l O` 4. Provide and install concrete in existing mechanical holes in the existing precast • roof. Add $ 649.75 h ,l C 5. Repair electrical wiring and conduit at et a former location of flagpole. Add $ 425.00 C 6. Provide and install emergency lighting system ek as per Nelson-Rudie letter dated October 24, 1983. Add $ 2,857.75 C . 7. Relocating of refrigerant piping to condenser units. Deduct $ ( 600.00) .l N C TOTAL DEOLICT $ ( 457.50) The original Contract Sum was . . . . . . . . . . . . . . . . . . . . . 5 801,998.00 Net change by previous Change Orders . . . . . . . . . . . . . . . . . . s 13,860.50 The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . s 815,858.50 _ The Contract Sum will be (increased) f*R%RX--) (Lxwkpi)ccA) by this Change Order . . . $ (457.50) The nese Contract Sum including this Change Order will be . . . . . . . . . . . $ 815,401.00 The Contract Time will be kR9ERJe9C0D(kkXCeA%7dk(unchanged) by I ) Day,. The Date of Completion as of the date of this Change Order therefore is November 15, 1983 . Inc ARCHITECT Address Minneapolis, MN 55402 r� Voronyak Construction, Inc. City of Eagan CONTRACSOU R Ranchview Lane OWNER 3795 Pilot Knob Road Address JU/Address Minneapolis. MN 55441 Eagan, MN BY BY ea�ffaBTomquist;�ayor DATE DATE 8 E. J. Overbe e, CityZTerk 3g Date: AIAf DOCUMINT 6701 • CHANCE ORDER • APRIL 1970 EDITION • AIAS • 0 1970 • THE nNr reer Agenda Information Packet January 17, 1984 City Council Meeting • Page Twenty -Two • \J PUBLIC OFFICIALS' LIABILITY INSURANCE B. 1984 Public Officials' Liability Insurance -- The renewal premium as recommended by Unimark for public officials' liability insurance reflected a 428 increase and therefore, it was the decision of the Director of Finance and City Administrator to seek additional quotations for this type of insurance. It is the City's recommendation that the quotation submitted by L.W. Biegler Company be approved for a three-year period covering 1984, 1985, and 1986, unless there are any concerns expressed by the City's insurance agent, Mr. Bruce Medvec, that would change this recommendation. For additional information on this item and a copy of the claims history, refer to pages through 14!� - ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1984 Public Officials' Liability Insurance for a three-year period of time in the name of L.W. Siegler Company. 143 MEMO TO: CITY ADMINISTRATOR HEDGES • FROM: FINANCE DIRECTOR VANOVERBEKE DATE: JANUARY 11, 1984 SUBJECT: PUBLIC OFFICIAL LIABILITY INSURANCE In late December the City received a renewal quotation for its Public Official Liability Insurance from Unimark. The renewal premium is $4,950 as compared to the $3,494 paid in 1983. Since this is a 428 increase, Bruce Medvec and I decided to seek quota- tions from other potential carriers and to request more loss information from Unimark. A copy of the loss information is attached for your review. Bruce received quotations from St. Paul Surplus Lines Insurance Company (they were recently awarded our Police Professional Liability) and L.W. Biegler Company of Chicago representing International Surplbs Lines Insurance Company. L.W. Biegler Company has offered the same coverage as Unimark for a three (3) year period at a total rate of $9,300. St Paul Surplus was lower than Unimark but higher than Biegler. I have asked Bruce to provide a letter recommending the change to Siegler. However, he is out of town until Monday, January • 16, 1984, so I'm not sure we will have the letter for the City Council meeting. I would recommend that the City Council approve L.W. Biegler Company as the provider for the Public Officials Liability Insurance for a three-year period covering 1984, 1985, and 1986. If there are questions regarding this change, I will research the matter with Bruce as necessary. E. J VanOverbeke EJV/kf Attachment /44 • CLAIMS HISTO DATE: 12-30-83 INSURED: City of Eagan, Missesota PREPARED BY: POLICY DATES: REVIEWED BY: - PREMIUM: ILE 110• CLAIMANT POL.PER. DATE OF CLM. PREMIUM RESERVES PAID LOSSES EXPENSES STATUS 30.0022220 Robin Geiger 7-18-79 S y $ �.�� 5,209.28 Closed 30.0022283 J & D Bruzzone 12-11-79 277.88 Closed 30.002236 EasterLutheran Churc 4-15-80 335.00 Closed 30.0022380 Mahmood Agmasst 7-15-80 212.50 Closed yg 3 ' 0 30.0022381 Eagan 307C 6-30-80 235.00 Closed 30.0022382 Weslie Berg 7-1-80 460.00 Closed 30.0022428 Robert Moreland 11-7-80 339.77 Closed 30.0022431 Pilot Knob Propertie 11-11-80 311.63 Closed 30.0022489 Paul Taylor 2-20-81 6,911.00 33,090.41 OPEN 33 ' ysc,.�$ 30.0022618 Farmington Developme t 10-21-81 365.87 Closed hyo, 83'1.34 Agenda Information Packet January 17, 1984 City Council Meeting Is Page Twenty -Three JOINT POWERS AGREEMENT/DEVELOPMENT OF LEGISLATIVE PROGRAM C. Joint Powers Agreement/Development of Legislative Program - At the last City Council meeting held on January 3, 1984, the concept of entering into a joint and cooperative agreement to hire a lobbyist with several other metropolitan suburbs was considered and approved. At the special City Council meeting held on January 10, 1984, the City Administrator reviewed a joint and cooperative agreement and the whole joint lobby program with the City Council. The primary purpose of entering into a joint cooperative agreement is for each city to jointly and cooperatively develop legislative programs on matters of mutual concern and interest, specifically that of local government aid. This group will also oppose proposals which may be in conflict with the interests of its member municipalities. Eight (8) lobbyists will be interviewed on Friday, January 13, and a decision is expected sometime late next week as to who will be hired by the group. ACTION TO BE CONSIDERED ON THIS ITEM: To enter into a joint and cooperative agreement with several other metropolitan, suburbs for the purpose of developing legislative programs on matters • of mutual concern and interest and that the Mayor and City Clerk be authorized to execute this document-. • 146 Agenda Information Packet January 17, 1984 City Council Meeting Page Twenty -Four • NON-UNION COMPENSATION FOR 1984 D. Non -Union Compensation for 1984 -- At a special City Council meeting held on Tuesday, January 10, 1984, all non-union salaries were reviewed for 1984. It was suggested that all non-union personnel receive a 4.58 increase in salary adjustment for 1984 and further that the City qualify an IRS program to allow some before tax consideration for the employee amount contributed in payment for insurance premiums. Also at a special City Council meeting held on December 22, 1983, there was a recommendation that a salary compensation study be made for all non-union personnel during 1984 to evaluate what level of compensation each position should be given. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 4.58 increase in salary compensation for all non-union personnel during 1984 and to authorize an IRS ruling to allow before tax adjustment for all insurance contributions for these employees. Also action should be considered to: Formally authorize the City Administrator to prepare a request for proposal and solicit quotations from reputable firms offering analysis, work and salary compensation studies. • RATIFICATION OF 1984 POLICE ASSOCIATION CONTRACT E. Ratification of 1984 Police Association Contract -- The Police Association has agreed to a one (1) year contract totaling approximately 4.58. City Administrator, having presented the demands and a settlement to the City Council, is requesting final ratification. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny final ratification of the 1984 Police Association contract. LONE OAK TREE F. Lone Oak Tree -- The City Administrator and Director of Parks and Recreation are working on a policy for the preservation of the Lone Oak Tree and a method in which pieces of the Lone Oak Tree can be distributed to non-profit organization and residents of the community. Since the City Council has discussed removal of the Lone Oak Tree, a Mr. Kent Nerburn, who resides at 2650 Irving Avenue North, Minneapolis, has contacted the City asking that consideration be given to preserve a portion of the tree into an appropriate sculpture. Enclosed on pages through 15'4 is a copy of Mr. Nerburn's letter and credentials and if -the City Council is interested in pursuing a proposal for ,ti1r. • Nerburn to create a memorial from the Lone Oak Tree, additional /47 Agenda Information Packet • January 17, 1984 City Council Meeting Page Twenty -Five • contact will be made by the City Administrator accordingly. ACTION TO BE CONSIDERED ON THIS ITEM: To provide direction to the City Administrator regarding a sculpture of the Lone Oak Tree. AMM LEGISLATIVE POLICIES G. AMM Legislative Policies -- At the last City Council meeting the AMM Legislative Policies were distributed to each member of the City Council. These policies will be enacted by the AMM membership at their legislative policies meeting scheduled on January 31, 1984. It is the intention of the Mayor to review the policies and if there are any changes recommended by the City Council, they will be incorporated into a statement by the City's voting member and recommended for a policy change at the AMM meeting. If any member of the City Council has misplaced their legislative policies, an additional copy will be made and distributed with the administrative packet. ACTION TO BE CONSIDERED ON THIS ITEM: To- direct that any recom- mended changes to the AMM legislative policies be incorporated into a statement for presentation to the AMM. /4-7 a 0 2650 Irving Avenue North Minneapolis, Minnesota 55411 29 December 1983 Mr. Thomas Hedges, City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minn. 55122 Dear Mr. Hedges: 0 E C IqW I read with great interest the article in Wednesday's Minneapolis Tribune regarding the plight of Eagan's Lone Oak Tree. I believe I may have a solution that will allow Eagan to keep the tree and give it new life as a focus and symbol of the community. As the artistic Director of FIGURA I am involved in choosing projects for our studio to undertake. Upon discussion, we feel that the opportunity to create a memorial of and from the Lone Oak Tree, and to site this within the city of Eagan, is a unique and highly exciting project. We would like to explore this possibility with you. We are prepared to offer a short presentation to the City Council or other relevant individuals. At that time we would show you slides of our other works and present you with several rough ideas of how we think the Lone Oak Tree could be turned into an exciting and significant civic memorial. Since the cutting of the tree is imminent, I will contact you on or before the fourth of January to see if you wish tomeetwith us on this matter. If our services are to be engaged, it is imperative that the tree be cut to our specifications and not merely cut into arbitrary lengths. I am convinced that, working together, FIGURA and the city of Eagan could create a memorial from the Lone Oak Tree that would be a source of civic pride and community identity for generations to come. S 6erely, • Kent M. Nerbur , Ph. Artistic Director, FIGURA 14`6 I am a sculptor in wood, and the co-founder of FIGURA, a sculpture. studio specializing in large, museum quality sculptures created from single trees. • The enclosed materials will provide you with mpg credentials and background. As the artistic Director of FIGURA I am involved in choosing projects for our studio to undertake. Upon discussion, we feel that the opportunity to create a memorial of and from the Lone Oak Tree, and to site this within the city of Eagan, is a unique and highly exciting project. We would like to explore this possibility with you. We are prepared to offer a short presentation to the City Council or other relevant individuals. At that time we would show you slides of our other works and present you with several rough ideas of how we think the Lone Oak Tree could be turned into an exciting and significant civic memorial. Since the cutting of the tree is imminent, I will contact you on or before the fourth of January to see if you wish tomeetwith us on this matter. If our services are to be engaged, it is imperative that the tree be cut to our specifications and not merely cut into arbitrary lengths. I am convinced that, working together, FIGURA and the city of Eagan could create a memorial from the Lone Oak Tree that would be a source of civic pride and community identity for generations to come. S 6erely, • Kent M. Nerbur , Ph. Artistic Director, FIGURA 14`6 • KENT M. NERBURN 2650 IRVING AVE. B. MINNEAPOLIS, MINN. 55421 (612) 521-1965 TVA Ph.D. (with distinction) 1979 Religion/Theology and Art Graduate Theological Union Berkeley, California Graduate Study 1970 Religious Studies and Humanities Stanford University Palo Alto, California • B.A. (summa cum laude) 1968 American Studies University of Minnesota Minneapolis, Minnesota E Training in vood and antique restoration, Werkstatt Dupont, Marburg, K. Germany, 1970... training in classical woodcarving, Konstantinos Papadakis, Minneapolis, Minnesota, 1971-2 ... sculpture training and M.F.A. work, Uni- versity of California, 19T2-3 ... life draving study with Helmut Schmitt (Oakland, California, 1973-8) and Patrick Hamilton (Florence, Italy, 1976) ...training in sculpture technique, private vorkshop, Pietrasanta, Italy, 1976...anatomW study, University of California department of Medical Anat- omV, 1977 ... private museum study at the Uffizi, Bargello, Museo dell'Opera del Duomo, in Florence, Italy; the Horton Simon Museum in Pasadena, Cal- ifornia; and the Palace of the Legion of Honor in San Francisco, California / Al i 0 EDUCATIONAL AWARDS AND HONORS Elected to Phi Beta Kappa, 1967; B.A. granted summa cum laude, 1968; appointed Danforth Fellow, 1968; selected as resource fellow at Aspen Institute for Humanistic Studies in Aspen, Colorado, summer 1970; chosen to participate in graduate Humanities Special Program at Stanford Univer- sity, 1970; Ph.D. comprehensive examinations passed "with distinction".in 1976; Ph.D. granted "with distinction" in 1979 TEACHING EXPERIENCE Private instruction in sculpture California, Oregon, British Columbia, and Minnesota 1976 -current Instructor, "Me Human Image" Thomas Starr King Unitarian Seminary • Berkeley, California summer 1978 and 1979 Instructor, "Workshop in Sacred Art" Thomas Starr King Unitarian Seminary Berkeley, California winter 1978 Instructor, "Totem, Ikon, and Sacred Image" Thomas Starr King Unitarian Seminary Berkeley, California winter 1976 and 1977 Instructor, "Biblical Character Meditations" Pacific School of Religion Berkeley, California fall 1975 Guest lecturer, '*sticism and Religious Experience" Stanford University Palo Alto, California 1972 Teaching assistant, "Literature of Modern Film and Drama" University of Minnesota General College • Minneapolis, Minnesota 1968 150 SELECTED EXHIBITIONS AND SCULPTURE PLACEMENTS Christ United Methodist Church St. Paul, Minnesota 1983 First Unitarian Society Minneapolis, Minnesota 1983 Hennepin Avenue Methodist Church Minneapolis, Minnesota 1983 Courage Center Minneapolis, Minnesota 1983 Lutheran Brotherhood International Headquarters Minneapolis, Minnesota 1983 • Plymouth Congregational Church Minneapolis, Minnesota 1983 United Theological Seminary Nev Brighton, Minnesota 1982 St. Nicholas Greek Orthodox Retreat Center Clovis, California 1982 Westminster Benedictine Abbey Mission, British Columbia 1980 Pearl Buck Educational Center for the Handicapped Eugene, Oregon 1980 Graduate Theological Union Berkeley, California 1979 • DisDatches REGIONAL The Art ofKentNerburn.- Maldng Less More "I see men but they look like trees walk- ing." Mark 8:24 [`STANDING IN THE 3-D SCULP- ture workshop at the Minneapolis Col- lege of Art and Design is a little like be- ing Alice shrunk to the size of a thumbnail in the gears of a pocketwatch. When things are hopping, you'd betterstandaside. Band saws, electric sanders, drills and grinders buzz and churn up dust. Overhead, the enormous ced- ing fans rumble; the room vibrates like a rail- way car. The outcome of all this bustle is the kind of art that subscribes to Ezra Pound's dictum, "Make it new! "Novelty rules here. A saw wheezes as it chews on the leather shoes someone cuts in half for arrangement in a col -[age. Another machine whines arpeggios as a student slices long planks of wood into blocks of similar size. He fits them into a hive that looks like an endless row of city apartments— one door, two windows, end to end in mathe- matical precision. At the north end of the workshop stands a ten -foot butternut tree trunk. The log and its sculptor, Kent Nerburn, are anachronisms that hark back to the Eeole des Beaux Arts when artists wore smocks, peppered thew shelves with plaster maquettes and coveted blocks of Carrara marble. Nerburn "makes it new" by reviving the old. He practices sub- tractive sculpture in wood and uses the hu- man form as his subject. He's devoted to the often arduous, herculean processof shapinga tree into a human form by cutting thousands of half -dollar -size wood chips from a log near- ly twice his size. Nerburn looks at subtractive sculpture as a "philosophical stance—a shap- ing of the universe by removing the unneces- sary and irrelevant until you arrive at a single clear tonality. It produces an astounding in- terior focus." The college's workshop is one of the few rental spaces in the Twin Cities equipped to accommodate his behemoth tree trunks, which can weigh as much asaton when green. Under 28 -foot ceilings, the figure can stretch to its full height and command a power of �resence socharacteristicin Nerburn's work. He can gain multiple vantage points by walk- ing what amounts to more than half a football field away from the figure. And while Henry Moore notes that a sculptor should know his piece so well he can turn itoverin his hand, the P E R S P E C T I V E S U60 Imm "Judah Lzam" four -ton hoist enables Nerburn to do just that. In Nerburn's aesthetic, size is crucial. Sculpture shares ourspace and mimicsour re- ality. He feels that if a piece is too large or too small, the viewer objectifies it "1 want to cre- ate beings people can meet, confront, and re- spond to." Nerburn, now 36, picked up his fust chisel as a young graduate student in Marburg, West Germany, where he was studying Ger. man for a Stanford University graduate pro- gram in religion and the humanities. Aca- demic theological speculation paled in con- trast to the crude butpowerful madonnasand crucifixes he found in German religious folk art. "This was a time when I was hot-blooded for truth. At Stanford we could talk about the historical precedents for the concept of the idea of God. Not one of us could say' I believe in God' or at least we couldn't say it out loud." Marburg was the quintessential fairy tale city with streets twisting under the patron- age of a hilltop castle. Nerburn even found work in an antique restoration shop just be. low an apothecary once frequented by Martin PHOTOGRAPH COURTESY OF KENT NEREERN j b' �:L, MINNESOTA MONTHLY I MAY 58319 1 � � Join in the Applause! a During the month of May you have the op- portunity to support the arts. 10%5 of your cash purchase at our shops will be contributed to the organization of your choice. Let's support the fine arts community. Come! Celebrate! •a signed receipt will be issued for your tax deduc- tion on purchases over $50.00. i ROOIER PARIS544-5770 1W -1Q %ALEX I)CUL7 ULM 00 J 40U�Ya15ToRt 404 II H4AR�ROUS 545.0113 LOCATED IN BONAVENTURE IN MINNETONKA 0 Luther. This dream-like setting was the site for a kind of conversion experience which led Nerburn to abandon his full scholarship at Stanford to pursue religious sculpture. It all began when he was given a task to sand a 300-year old chest of inlaid wood. Feeling the 'actual grooves of the maker's fingers in the wood gave him a profound reverence for the honesty of hand labor. "For the first dme,"he recalls, "1 understood that knowledge and even spirit could reach across time and be communicated through the hands." Inspired by the craftsmen around him, he picked up a chisel himself one day. Each stroke drove him to the next and he worked, without break until early morning. "1 had spent my whole life lookingat docks and won- dering when it wasgoing to be over. Here was somethingthatcouldn'tever. beover. Ithad to keep going. It was me that had to stop." The initiation at Marburg opened a decade of academic and practical trainingthat makes most other artisticcareerslook predictableby comparison. Nerburn returned to Minneapo- lis for a year as an apprentice to a master wood-carver from whom he learned the ex- acting eraftof ornamental relief work. He as- sisted in completing a 40-foot iconostasis or altar screen used in Greek Orthodox church- es. Although Nerburn was more intrigued by volume than detail, he nonetheless found it a profitable experience and compares it to that ofa musician mastering scales. "1 wanted the craft to be in my hands, not in my mind." Based on his reading about the training of great masters, he supplemented his study of carving and the use of tools with his own Nparming schema of life drawing, modeling Panci anatomy. Nerburn then entered a PTLD. program at the Graduate Theological Union in Berkeley, a program that combined intensive study in art theory, theology and sculpture. In a Berkeley sctilpture seminar, Nerburn soon discovered that his own aesthetic was a dra- matic departure from that of his fellow stu- dents. "I was a profound source of embar- rassment to everyone by saying 1 believed in Truth' and'Beauty' whereas they believed in tearing plywood in half and dropping varnish on it ata certain speed in order to get velocity as a factor of meaning in relation to the ab- straction of a tear. They even tried to protect me because they thought I was so naive." Nerburn, however, continued and deter- mined his own deficiencies as an artist. He found himself at a distinct disadvantage from years of intellectual work; he saw things in outline, not in three-dimensions. He also didn't understand the internal dynamics which gave rise to external movement in the human form. Much to his chagrin, the art de. partment at Berkeley didn't own a skeleton, so Nerburn took his perceptual dilemmas to professor of anatomy at the adjacent medical school. The professor was a Russian immi- grant with an impenetrable sobriety. This melancholy man took him to the dissection kom and Nerburn recalls, "He pulled back e sheet of a cadaver with its head sawed in half and the face removed. He said'If you're going to work with bodies, you have to touch Nertmm: "1 want to tae flings people can meet, ardrentand respond to. " them.' He took my hand and shoved it into the head cavity. I swore nothing I couldn't eat with a fork was ever going to pass my lips again." Though Nerburn was not allowed to do the actual dissecting, he worked alongside the medical students drawing the exposed muscle and bone. In an anteroom, he built muscles with day onto his own plastic model skeleton. Once Nerburn completed his PILD., betook Matisse's advice toyoungstudents upon com- pletion of their studies—he made a longjour- ney by plane. He returned to Europe, this time to Italy, to study the sculptures of the great Italian masters. "Michelangelo stands there like Pablo Casals does for a cellist. You don't have achoice." For months in Florence, Nerburn wandered through the churches and galleries until a particular sculpture arrested his attention. Sometimes he drew the same figure for two weeks at a time. Often he and another American artist hired a model and tried to translate theirsketches into day mod- els. The most haunting sculptures were Midh- elangelo's series of slave figures intended for the tomb of Pope Julius. Awed, Nerburn de- scribed them as "massive spiritual scaffold- ings that strain to contain emotions at once too grand and too grave for expression." During his stay he was tipped off about Pi- etrasanta, a small village of sculptors tucked between the Appenines and the Mediterrane. an. He stepped from the train to a lapis -col- ored sea and mountains of white marble, one of them B Massimo, the great marble moun- tain first quarried by Michelangelo. Even at a distance he could hear the chink of chisels, and, once inside the village, he found someone doing a sculpture in nearly every workshop. Pietrasanta was a quantum leap from his ex- perience in America, where the tradition of subtractive, figurative sculpture is revived only briefly in the deadpan figures used to commemorate parks and libraries. Here it was the lifeblood of the people and Nerburn muses, "1 felt I had died and gone to heaven." In PietrLsanta he studied in a small enclave of sculptors who Nerburn describes as "dedi. cated local communists who believed in shar- ing everything." They took him into the mountains to retrieve a set of hand -forged tools from a retired sculptor and gave him workspace in the open air of the foundry's courtyard. Workdays wereoften punctuated with spontaneous outbursts of song or quick dips into the group's supply of wine. ThoughallofNerburn'sacademicandprac- tical forays have contributed to his work, it is the insightgleaned from his studyof anatomy that distinguishes his work. The strength of Nerburn's work is in his ability to locate the life force which animates inert matter and to release it from the wood. This corresponds to a Celtic legend in which the spiritsof the living at death fly into natural forms and wait for some kind of liberation. Based on Matthew's gospel, his first major piece is a depiction of John the Baptist emerging from adeserthiat. us. The figurealmostseems togasp from both spiritual illumination and uncompromising physical deprivation. Nerburn chose Mat- thew's at- thews account because of its portrayal of John as a man driven by "spiritual militarism and ascetic ruthlessness, a man who pursued his life with a ruthless vigor, whose entire ex- istence was pared to the bone." PHOTOGRAPYHYJ.MICFIAEL FITZGERALD. COURTESY OF THE CATHOLIC BULLETIN ��� MINNESOTA MONTHLY I MAY M831 11 "Joseph the Worker," a commission for a Benedictine abbey in British Columbia, stands dramatically separate in tempera- ment. It has noneof the tensely packed implo- sion of energy. In order to capture the spirit of the Benedictines, Nerburn travelled to Brit. ish Columbia and participated in cloistered life for six months while he made the piece. As before, Nerburn drew on the gospels for inspi- ration. Joseph is an opaque hushed figure be- cause, as Nerburn points out, he never says a word in the gospels. "I wanted him to have the strength of a laborer, a man who works with his hands. Yet I wanted this strength to be cloaked in the protective gentleness of the father." In the process of completing the sculpture, Nerburn himself lived as a silent worker. He rose each morning with the monks at 4:30. After mass and breakfast, he worked alone in a barn until evening. Follow- ing dinner, he perused art books in the mona- stery's library. Because the monks communi- cated primarily through gestures and nods and spoke only when necessary, days passed before Nerburn spokeaword. At times, he re- calls laughingly, he sat and chatted with the monastery's gregarious and responsive dog. Nerburn's most recent sculpture, "The Healing," is the only piece that does draw di- rectly on a specific biblical reference. It grew from experiences he had with the physically disabled while drivinga cab in Minneapolis. It was his desire to heal or make whole that in- spired the massive figure corkscrewing itself outof the wood. "The Healing" is a testament to the human spirit's abilities to shed inade- quacies and rise up out of the ashes of its own defeat The male figure is appropriately tr im- csted; without arms or head, it relies on the power of the torso to convey a robust resur- gence of health and vitality. Nerburn has found his trunksin such varied places as a farmer's field, a loggingoperation, even the Hennepin County tree dump. Once the log is transported and shifted into place, Nerbum begins a long gestation period in which ideas forthe piece formgradually. He is less inclined to impose a pre-existent idea than to look at the material and allow it to make suggestions. The kind of tree dictates the subject matter. Nerburn, as an example, points to the oak which is noted for its strength in myth and tradition. "If you spend any time with a tree, you get a sense of what kind of life it's had. Some trees are dominated by massive natural forces. Others grow more gently. That's in the tree." Often Nerburn sequesters himself in half- light and sketches the forms that emerge. In "The Healing" he initially saw a form resem- bling a torso wrapped upside down in a sheet. A figure comes out of a block, he notes, in the way you encounter a person at a distance emerging from a fog. First, you see move- ment; then a form. After you recognize the form, you begin to realize the character. Ul- timately, "in a period of creative indecision, there's a moment of epiphany." This break- through is followed by a long period where Nerburn clarifies the form with incessant drawing and modeling. Once he begins sculpting, Nerburn uses on - 121 MAY 19931 MINNESOTA MONTHLY ly one or two chisels and a two -pound leather mallet. It's a little like David approaching Go- liath with a slingshot. But limiting the number of tools gives unity to the piece. And so does using his own strength. He's tried pneumatic tools but doesn't use them. The noise and rhythm are impositions that dominate the natural energy flow from the body. "I've got to find my final form with tools driven by my own hands because the human has to touch the human if you're going to make a human form." However, as a method of entry into the log, Nerburn occasionally uses a chain saw for the initial cuts. Other artists, like Henry Moore, have their logs squared and then draw the fig- ure directly onto the surface. Michelangelo, on the other hand, entered blocks of marble spontaneously and began punching out the details of the form. Nerburn begins by cutting the major arcs or what he calls the architec- tural scaffoldings of the piece. If apparent, he wain also cut the spine, the main locus of ener- gy and movement and then hang the body on it. In fact, his sculpture is based on lines and arcs. Sketching them with a chain saw allows him to work in his drawing stroke or what he calls a kind of "Walt Disney Zen." It has the immediacy and rhythm that comes with a sin- gle swing of the arm. But he pays a price. "By cutting with a chain saw you take away your psychic relationship to the material and your investment is less than it was." Nerburn never underestimates his self -in- vestment in the piece. Thereisadramatiemo- ment he waits for with every piece when the figure suddenly takes on a life of its own. But the change is reciprocated. "In my experi- ence, every time I've done a piece, the piece has done me.1've become what it is I make." It has taken Nerburn anywhere from six months to two years to complete a sculpture. Until the final step when the figure is sanded, oiled or buffed with a layer of paste wax, Ner- burn works with a degree of prudence few other artists need ever realize in their work. When Michelangelo observed that subtrac- tive sculptors work with death over their shoulders he was talking about the finality of each chisel stroke. Each tut is irrevocable. There are other obstacles, too, such as a whole series of optical illusions. A common one is that the piece seems to grow larger as the figure emerges and as more is cut away. This is what Michelangelo referred to in oneof his poems when he said that he sculpts "until the less becomes the more." Also, the unpre- dictability of the wood can pose problems. Sometimes at an 'important juncture in the piece, Nerburn encounters a knot. These im- penetrable vortices can rarely be anticipated and require ingenuity to work into the piece. And since the tree continues to exert tremen- dous pressure even after it's been cut, it will contract and swell with changes in climate. Checks or splits in the wood are common. but badly checked areas are difficult to incorpor- ate into the overall effect of the piece. Once the piece is completed, its size and con- tent defy the exhibition space afforded by most galleries. To supplement his income, Nerburn hascompleted smaller commissions, i54 driven a cab, done free-lance editing, and taught at the Unitarian seminary in Berkeley. He often temporarily houses his sculpture in public places until the right person "claims" it. He theorizes that his sculptures "are like children. After they are born they take on a' life of their own. Eventually they make their own way." "John the Baptist" is a good ex- ample. The Graduate Theological Union at Berkeley intended to buy the sculpture for their new library, the last building designed by Louis Kahn before his death. When other priorities intervened, a Greek Orthodox priest, enamored with the figure, contacted Nerburn about placing it as a centerpiece fora new retreat center in California "The sculp- ture had claimed him and, in doing so, he had claimed it. It was his from that day forward. Arranging payment was in some sense only incidental." Nerburn sums it up when he says he is nota coffee table artist—the pieces are public not private. And because they are public, accessi- bility is important. Too much of contempo- rary art, he feels, speaks only to other artists or a select group of initiates. Where much of contemporary art is conceptual, ironic, or anxious, Nerburn's figures are sincere, a quality considered suspect if not downright fade. "It's hard to act from the heart in America It's hard not to work behind a series of masks. I'm not interested in glorifying the masks. "Thus, oneof the comments he values mosthighlycame from thedriverofa propane truck who stopped while he was working on "John the Baptist" outdoors in a California lumberyard. Having spent a little time wit the piece, thedriver remarked, "I don't k what art is but at least that ain't bullshit." Nerburn notes, "I want to teach peoplespirit- ually, not sculpturally. 1 want them to say 'That tells the truth about something that's very important to me that 1 don't talk to peo- ple about.' " Telling the truth means mitigating the wholesale importationof stylesand themes in art by giving greater credence to regional ex- perience. For Nerburn this means"plumbing the spiritof aplace, experiencing the land, the people and the forces that form us." Nerburn points to artists like Faulkner, Michelangelo and Joyce who, far from being provincial or parochial, made enduring statements about the human situation by focusingon the imme- diate and the particular. For Nerburn the immediate and the parti- cular are the trees he grew up under in his na- tive Minneapolis. Each time he does a piece, he attests to the peculiar vitality Americans inherit as a result of their experience of place. In America it is still possible to stand in un- claimed wilderness. But in Europe, Nerburn notes, to stand in nature is to standon history. In contemplating his work, Nerburn con- cludes as does Fitzgerald's Nick Carroway, who gazing at Gatsby's house across the bay, remarks, "For a transitory moment ma must have held his breath in the presence this continent.... face to face for the last time in history with something commensurate to his capacity for wonder." —AdalheidFiscker Agenda Information Packet January 17, 1984 City Council Meeting • Page Twenty -Six • EAGANDALE CENTER/PARKS DEDICATION H. Eagandale Center/Parks Dedication -- Since the City adopted a policy regarding parkland dedication requirements for industrial property, a concern was raised by Northwestern Mutual Life Insurance Company as to whether cash dedication requirements will be payable on property that is already platted. Northwestern Mutual Life Insurance Company is asking the City to consider a land contribution in lieu of a cash donation for property that is platted and more specifically, the location of that dedication would be adjacent to LeMay Lake. The City staff, both Director of Parks and Recreation and City Administrator, have prepared a letter regarding the parkland dedication which seems appropriate for the City of Eagan. A copy of that letter and a map showing the parkland dedication is enclosed on 'pages I Sl through 1$19 for review. If the procedure outlined for platted property and unplatted property is acceptable to the City Council, this letter will be formalized and an agreement will be pursued with Northwestern Mutual Life Insurance Company as well as the precedents used for future parkland dedication as it relates to industrial property. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the parkland dedication agreement as outlined to Northwestern Mutual Life Insurance Company in the draft letter. 155-- -6- y S._ r ,41). •MR. TOM DAVIS NORTHWESTERN MUTUAL LIFE INSURANCE CO EDINA, MN. RE: EAGANDALE CENTER; PARKS DEDICATION Dear Mr. Davis: The purpose of this letter is to outline what the City believes is the understanding regarding the settlement of the parks dedication require- ments in the Eagandale Center Industrial Park. The recently replated Eagandale Office Park should be subject to the cash dedication requirement, which has previously been calculated. Those cash dedication requirements will be payable at time of the issuance of the building permits for each platted parcel. Existing platted property, and property which is now platted into lots and blocks which may subsequently be replatted in the future, will have its dedica- 0 tion requirements filled by a land contribution. This land dedication is to be along the south and east shore of LaMay Lake, which is approxi- mately 3.5 (plus or minus) acres. The City of Eagan will work with Eagandale regarding the exact property boundaries to coincide with park needs and your desires to maintain a saleable parcel. However, the objec- tive of the parks system is to provide a continuous park dedication along the shoreline. Enclosed is a concept diagram which shows an outline of the proposed land dedication. The City is willing to defer the exact location of this land dedication until the surrounding area has been planned in detail; or at your discretion will proceed with the acquisition. Property which is not now platted will be subject to the City's parks dedication requirements. Such dedications may take the form of a land dedication at yours and the City's discretion. Such land must meet yours •'-and the City's objectives as well as the area park needs to become an acceptable parcel. !S6 PAGE TWO. • Tom, the City has not attempted to equate the value of the land dedica- • \J tion with the parks dedication requirements formula as it relates specifi- cally to the LaMay Lake dedication. The City's position is that the land to be dedicated around LaMay Lake is sufficiently significant to resolve the parks dedication requirement; demonstrating a value to the eventual parks development and the use of LaMay Lake. We believe that this outline represents what you have previously dis- cussed with the City and trust that you will find this an acceptable agreement. Sincerely, Thomas Hedges City Administrator Ken Vraa Director of Parks and Recreation TH/KV/js I5? 0 E • /51 NO SCALE n rt W J 0 J W 11 /51 NO SCALE Agenda Information Packet January 17, 1984 City Council Meeting is Page Twenty -Seven • • PARK DEDICATION FEES I. 1984 Park Dedication Fees -- The Advisory Parks & Recreation Commission has been reviewing the park dedication fees presently charged by the City. It is their recommendation that the City in- crease its parks dedication fees by 58 to a base of $10,500 per acre to be effective January 1, 1984. This formula applied to housing types equals $420 per single family unit, $348 per townhouse unit and $265 per apartment unit. For further information on this item, please refer to a memorandum from the Director of Parks and Recreation and attachments enclosed on pages 160 through The last adjustment in parks dedication fees was made in January of 1982. It is the feeling of the Advisory Parks and Recreation Commission that an adjustment is necessary at this time so that the City can stay abreast of increases in land value. ACTION TO HE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the Advisory Parks & Recreation Comission for an in- crease in parks dedication fees to be effective January 1, 1984. /sy ma4b To: • •'•: 1• •• AND c= comal, TOM HEDGES, CITY AMMISTRATUR RE: PARKS AND RECREATION ADVISORY OCKUSSION'S RECCM� • •! t. DEDICATION 71 Background: At the regular meeting of the Advisory Parks and Recreation Co mission U 0 d of 1983, the Camlission reviewed the parks dedication fee formula for modification. This reviewal is an annual process by the Crnmission to insure that its parks dedication formula and the subsequent fees charged are current and up to date. The last increase in parks dedication fees was instituted in January of 1982 following the reoammendation of the Advisory Cmmission to the City Council. At that time, the formula for figuring of parks dedication fees was raised to $10,000 per acre which yielded dedication fees of $400 per single family unit, $332 per townhouse unit, and $252 for apartment,units. At the annual review of parks dedications and fees in August of 1982, the Advisory Caumission recommended that no changes be made. At that time, the Camuissioi felt that there were not significant increases in land values which would warrant an increase in the parks dedication formula. 1983 Annual Review: At the October meeting of the Advisory Parks and Recreation • Con icvfission, the Commission reviewed the necessity for modifying the parks dedica- tu formula for 1984. Attached to this mmw is the staff report prepared for the Advisory Commission and the minutes of that meeting relative to this subject item. • It was the finding of the Advisory Parks and Recreation Commission that there has been relatively small changes in land values within the last year. however, it was the feeling of the Commission that the City must keep in mini that these undoubtedly has been an inflationary increase in land values during the 1982-83 time period, and that it be essential that the City stay abreast of these costs. Crnmission's Reconuendation: The Advisory Parks and Recreation Connission has recam coded to the City Council that it increase its parks dedication fees for- mula of 5% to a base of $10,500 per acre effective on January 1, 1984. This formula applied to housing types yields $420 per single family unit, $348 per townhouse unit and $265 for apartment units. Action Requested: The Advisory Parks and Recreation Commission has requested the City Co nc11 to act on its recommendation for adjustment to its parks dedication fee effective January 1984. MW October 1983 MENU TO: ADVISORY PARKS AND RECREATION COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS AND.RECREATION RE: ANNUAL REVIEW - PARKS DEDICATION FEE Background: The Advisory.Parks and Recreation Commission has annually re- viewed the parks dedication fee formula for modification. At the September meeting staff was again asked to prepare this years update for Commission review. The last increase in the parks cash dedication was in 1981. Dedication fees went into effect on 1-1-82 were as follows: $400 per single family unit, $332 per townhouse unit, $252 for apartment units. The approved cash dedication requirement was based on a formula with per acre cost of raw land valued at $10,000. Previously, the parks dedication formula was based on a $7,500 figure per acre. Recent Sales: In the past, the Parks and Recreation Commission reviewed recent land sales to assist them in determining the "average" per acre cost and the resulting impact of dwelling units. This year, staff again talked with Mr. John Hankinson of the Sienna Corporation regarding recent sales. Mr. Hankinson volunteered that land sales are affected by many variables; zoning, location, availability of trunk utility lines. He also noted that with the rapid increase in development costs within the last two years, the value of land has been held somewhat constant as developers try to keep home sites within a marketable range. Land sales reported by Mr. Hankinson are as follows: Northview Meadows Development, 42 acres - $10,476 per acre. Sheffield Development, 11 acres - R-2 zoning - $11,454 per acre. Oakwood Heights, 9.6 acres zoned multiple - $15,500 per acre. Oakwood Heights 2nd and 3rd additions, 18.7 acres R-2 - $13,837 per acre. Mr. Hankinson also provided the following information. The Park Ridge sold for $12,000 an acre to Ruscon Home for small single family lots. There are several large land parcels which are being offered for sale within the community and the adjacent area. One parcel of 63 acres is being offered for sale at $5,900 an acre, a second parcel consists of 61 acres and it is being offered for $6,200 an acre. Another parcel 57 acres in size is being offered at $6,900 an acres. These areas are largely unserviced by trunk utility lines. Mr. Hankinson commented that in addition to development costs the determi- nation of land sales is the type and number of living units that can be placed on the parcel. A recent telephone contact with several other communities regarding changes in cash dedication was made. The City of Lakeville has no plans to increase its cash dedication requirements. Eden Prairie's current unit price is $325 for a single family, and $250 for all other units, they plan to re- view their fees in early 1984 but they do.not anticipate a change to be 161 effective in 1984. The City of Maple Grove's dedication formula is based upon an appraised cash value of the parcel and consequently cash dedication requirements can vary on the parcel from year to year based on the appraised value. The City of Plymouth had raised its 1983 rate from $390 to $400 per single unit, effective on January of this year. Staff Comments: The last time dedication fees were increased in 1982, it was obvious that the fee charge was low and an increase was clearly needed. That distinction from what is being charged to what it should be has dissapated greatly. The diversity of land sale prices and zoning of those parcels in comparison with the current City cash land value formula makes it difficult to evaluate. Other communities appear to be holding to their most recentdedication unit charge with only a slight movement noted in the City of Plymouth. Consequently, it appears that Eagan's cash dedica- tion formula still remains in the upper one third of the rates being charged by metropolitan communities. Only slight movement of land values appears to'be evident. Sale prices are apparently being held down by development costs and'the number of units permitted per acre. With compari- son difficult and without significant number of noticeable increases in the cost of land for single family homes, should the Advisory Commission make a recommendation regarding an increase in fees for 1984, it would appear the charge would be minor. On the following graph, the existing land formula has been applied to different land values to obtain unit cash dedication requirements. C. Housing Type Unit Per Acre Unit Cost For Acre At: 9,000 9,500 10,000 10,500 Single Family 3.5 $360 $380 $400 $420 Townhouse 6 $299 $316 $332 $348 Apartment 12-15 $226 $239 $252 $265 The Advisory Commission upon review of the information presented, should determine if a change in the dedication fee is warranted, and the amount of any change. -2- 16;L Minutes - October 15, 1983 Page 3 NEW BUSINESS Annual Review Parks Dedication Fees The Director of Parks and Recreation indicated that an annual review of park dedication fee has been requested by the Advisory Commission in the fall of each year for recommendation to the City Council consideration. Changes are then enacted on January 1st. He further explained to new members of the Advisory Commission the formula which had been used in the past and the methodology for computation of those fees and the history of the rate changes. He explained that it would be'up to the Advisory Commission to review the formula and rate involved and make a recommendation if it appears there is a necessity for a fee increase. Commission member Masin indicated that from the information provided, it appears fees are in line as there have not been significant changes within the last year. Commission member Jackson stated that he did not see the need to make a change at this time. Chairman Martin indicated that while it was important to review information carefully, it was also important for the Commission to keep in mind that the City must pay for its parks, at least in part, through the dedication process. He stated he felt that the Commission has an obligation to insure that the developers do not get an artificial break in paying lower cash dedication fees versus normal acreage dedication requirements. Commission member Kubik stated that'he was in total agreement with the chairman. The value of land will increase with new roads and development and it is essential that the City stay abreast of these costs. He went on to say that the Commission should be leery of letting too many years lapse between adjustments, then try to get a large adjustment to try and catch up as has been done in the past. He concluded saying the Commission should work to keep abreast of inflation and land value changes. Members of the Commission reviewed land values and inflation change. Chairman Martin discussed various aspects associated with land costs. Members commented that, if forced to buy land in areas of development it would probably cost higher than the current formula. Members agreed that it was important to stay consistent with inflationary land values on a year to year basis. Commission member Thurston reminded the Commission that the developers would probably not give the City a break on the purchase of the land therefore, the City should try to'insure the formula reflect current value increases. Commission member Martin indicated that it was his opinion the fees should be increased slightly, as the Commission has held fast on the parks dedication fee for the past two years with no increase during that time period. Further, he indicated with the rapid rate of growth, the fast pace of residential development, he did not want to see a rapid escalation of land values during the ensuing year, and require the City to play catch up next fall. After additional discussion and on a motion by member Kubik, seconded by Martin, with all members voting in favor, it was the recommendation of the Advisory Parks and Recreation Commission to the City Council to increase the parks dedication formula to 510,500 per acre effective January 1, 1984. Members commented that this 'was consistent with inflationary factors during the last year for land and park development costs. Kehne House The Director of Parks and Recreation briefly reviewed the status of the Kehne 163 Agenda Information Packet January 17, 1984 City Council Meeting • Page Twenty -Eight MnDOT PLANS 8 SPECS/I-35E, CLIFF TO LONE OAK J. Consideration of MnDOT Plans and Specifications (I -35E, Cliff Road to Lone Oak Road) -- Detailed plans and specifications have been prepared by MnDOT for the progression of I -35E from the inter- change with Cliff Road presently under construction to the inter- change of Lone Oak Road which was recently completed. These de- tailed plans and specifications take into consideration the required utility crossings and frontage road necessitated by this interstate construction through the City. These plans and specifications have been reviewed in detail by the Public Works Director and found to incorporate all City improvements necessitated by this interstate construction. This project is scheduled to go out for bids on February 24 with a contract award anticipated for April 1. Comple- tion of this segment is anticipated for November of 1985. These plans provide for the interchange with County Road 30, the Deerwood Drive Overpass, the interchange with Pilot Knob Road and Yankee Doodle Road and the construction of a bypass for Pilot Knob Road similar to Cliff Road. The Public Works Director will be available to answer any detailed questions the Council may have pertaining to this plan review and approval as requested. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve, modify or deny detailed plans and specifications for S.P. 1982 -65,68,100(I -35E from Cliff Road to Lone Oak Road) -and, if approved, authorize the Mayor and City Clerk to execute all related documents. C� 164 Agenda Information Packet January 17, 1984 City Council Meeting • Page Twenty -Nine BOOSTER STATION & RESERVOIR LAND ACQUISITION K. Consideration of Land Acquisition from Lexington South, Inc., - Water Booster Station & Reservoir -- Enclosed on page /b6 is a copy of the City's trunk water distribution system which desig- nates a future 6 m.g. ground water reservoir with a major booster station to be located on the new alignment of Lexington Avenue just north of County Road 30. This booster station is necessary to pro- vide additional service to the high pressure zone (shaded area). While the recent construction of the 4 m.g. Safari Reservoir pro- vided the additional storage and pressure backup for the high pres- sure system, with the existing and anticipated continuous growth within this high pressure system within the near future, combined with the fact that it presently is serviced -by a single trunk water main along Pilot Knob Road, it is anticipated that this future booster station will have to be constructed within the next 2-4 years if the City is to maintain continuous uninterupted water ser- vice to this high pressure zone during peak periods (summer, sprink- ling, etc.). In our discussions with the current property owner, Lexington South, Inc. (Mr. Jim Curry), it is apparent that he will be disposing of the majority of his land holdings within this future acquisition site within the next 12 months. Therefore, the staff • has investigated the feasibility of purchasing this future reservoir and booster station site at the present time so that future develop- ment can take into consideration .the location of the site. Mr. Curry has submitted a purchase agreement to the City along with an appraisal that was performed on the property. This appraisal values this land at its proposed zoning of R-4 at $22,000 per acre. The City will have to acquire approximately 1.5 acres to accommodate this future booster station/reservoir. Enclosed on page JAZ is a sketch site plan showing the property to be acquired. Based on the acreage and the value of the land, Mr. Curry is requesting $33,000 for the City to acquire this site. In reviewing our water distribution system with Bob Rosene, consulting engineer, and Joe Connolly, superintendent of utilities, the Public Works Director is recommending that the City favorably consider the acquisition of this parcel. Enclosed on page 14� is a copy of the purchase agreement as prepared by Mr. Curry for Council consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve, modify or deny the purchase agreement for the acquisition of 1.5 acres of land in the northwest of new Lexington Avenue and Diffley Road. If ap- proved, to authorize the Mayor and City Clerk to execute all related documents. • 165 Agenda Information Packet January 17, 1984 City Council Meeting is Page Thirty CONTRACT 83-2/ACCEPTANCE L. Contract 83-2, Final Payment/Acceptance (Northview Meadows Trunk Utilities) -- At the December 20 Council meeting, a request for final payment was processed for contract 83-2 for the installation of trunk water and sanitary sewer along County Road 30 and South Wescott Hills Drive. However, there was concern by the Council pertaining to an unresolved. claim for $1,080.36 from Mr. George Trapp for damage that occurred to his haybine pole as a result of the construction activity associated in the vicinity of the North - view Meadows subdivision. The Council approved all payment to the contractor with the exception that a sufficient amount be withheld until this claim could be resolved. Due to the fact that the City was not informed of this potential claim until the middle of Novem- ber, staff did not have an opportunity to investigate the damage or the circumstances surrounding it. Subsequently, the project engineer, Mr. Jerry Bourdon, had to talk with all involved parties to try to determine responsibility. Enclosed on pages 170 and 1'11 is a letter from Mr. Bourdon to the Director of Public Works' attention indicating Mr. Bourdon's feelings that the City's contrac- tor under Contract 83-2..cannot be determined to be liable for this damage. In addition, the contractor feels very strongly that he • should not be held responsible for damages that he did not incur under his contract. Therefore, the Public Works Director is recommending that this retainage previously withheld at the December 20 Council meeting be released and final payment to the contractor in its entirety and the contract closed out. ACTION FOR COUNCIL CONSIDERATION: Approve/deny the final pay request for Contract 83-2 to Austin P. Keller Contruction in the amount of $1,080.36. • LEGEND CITY OF EAGAN Existing Trunk Water Mein O Point Designations —�— Proposed Trunk Water Main -- Pressure Zone Boundary Water Distribution System Existing Lateral Water Main --4— Existing Pressure Reducing Station --- Pronnenrt I alarat Warar IAnln Prnnnonrl Drne mourn Dnrinrinn Qf. firm —.011101.1 Boneslroo. Rosenc Rntle,Iik h A,r _ A' V&- — C I NE A 33 IAJ V) kk � '►Z O i I I I .�, a , N o .3 �.oM� IQ 10, 1966/ J -Pr- = 4.5/3 ACR66 NEr �2- \�r,0M ' 69.00 `. I SO °/� iC F 488. 4t7 i g �j � o - r = 5• ao3 "SES ,ver W00, X11 1 , •knS l(i COFNF� OF — — -- — /'Olin' OF BEL/NNl-V!i 01CSFC•21 rw0 :. AIO'12'52-W 500 40 - PURCHASE AGREEMENT ......Minneapa1A8v..................Minn., ...January.... 5............................ 1984... Vesting OF.City..o.f..FB;;"ti.TinneaQta......................................................................................................... rhe sum of .... Tvo,Thousand..Do.)..5.........................................................................(5.2.,OQQ.00......) DOLLARS .........................................................as earnest money and in part payment for the purchase of property at (Check. Cnh at Note — Stat. W bich) ....... Lexington..Av.enue.,..Uuan.,..141nneD.ota................................................................................ situated in the County of .... Dakota............................ State of Minnesota, and legally described as follows, to -wit: approximately 1.5 acres of land situated just vest of new Lexington Ave., Eagan, Mn. and outlined in red on the attached Exhibit A. Survey will accurately describe size and legal description of parcel. Price shall remain $33,000.00 in any case. shades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods, lighrjnr s, pumbmg fixtures, hot water tanks and heating plant (with any burners, tank cr equipment used in connection there- with), water softener and liquid gas tank t e property of seller), sump pump, television antenna, inciner- ator, built-in dish ' isposal, ovens, cook top stoves and central air conditioning equipment, if any, used and Seller shall supply survey and legal description of property. all of which property the undersigned has this day sold to the buyer for the sum of: Thirty..Three,.Thou.Band..and..nQ/1QO................................................................(S33#00.QX0....) DOLLARS, which the buyer agrees to pay in the following manner: Earnest money herein paid $ 2,QQQ..00...... and $31.,.Q00.0.0.., ash, on February. .l5,..19.84...... the date of closing. • Subject to performance by the buyer the seller agrees to execute and deliver a...........................................................................Warranty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, Stare and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective foffeiture provision. (e) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and drainage easements which do not interfere with present improvements. (e) Rights of tenants as follows: (unless specified, not subject to,je�ciancies) The buyer shall pay the real estate taxes due in the year 19ts4 . ynd any unpaid inyral)mene}}q(s}pecial assessments payable therewith and thereafter. Seller warrants that real estate uses due in the year 19 ------ will be PeId... in.. ).tali .................... homestead classification Non Homestead (full, partial or non•homesicad—state which) The seller further agrees to deliver possession not later than ..date ... of...Closing.............. provided that all conditions of this agreement have been complied with. Unless otherwise specified this sale shall be closed on or before 60 days from the date hereof. In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agtmment shall become null and void, at the purchaur's option, and all monies paid hereunder shall be refunded to him. f ............. ....... The seller shall, within a reuonablc time after approval of this agreement, furnish an abstract of tide, or a Registered Property eta certified to date to include proper searches covering bankruptcies, and State and Federal judgments and liens. The buyer shall be a owed 10 days alter receipt thereof for examination of said tide and the making of any objections thereto• uid objrniom to be made in writing or deemed to be waived. If any objections are so made the seller shall be allowed 130 days to make such tide marketable. Pending correction of title the payments hereunder required shall be postponed. but upon corrmion of title and within 10 days after written notice to the buyer• the panic shall perform this agreement according to its terms. If said otic is not mat' etable and is not made so within 120 days from the date of . cinen objenions nccrem as above provided, this Agreement shall be null and void• and neither principal shall be liable in. damaats heseundet to the other principal. All money shemolore paid by the buyer shall be refunded. If the lisle to sa;d property be found mar:.cublc or be so made within said time. and said buyer shall default in any o! the agreements and continue in default for a period of 10 daps, then and in that gave the wlier may icimimre this contra" and en such tc:mination all the paymcnu made upon this cumra" shall be icumed by said sell-, and said aprnc, as their r"penive interests may appear. as liquidated damages. time being of the nwricc hereof. chis provision shall not d-prive either rany of she tight of cnfordnq the specific performance of his contract provided such contract shall not be te:minared as aforesaid• and ptosided anion to enforce such specific pcdormanee sha!I be commenced within six months after such right of anion shall zrise. It is understood and Agreed that this sale is made subject to the approva! by the own -r of said premises in writing and that the under' signed scent is in no manner lubl- or rnponsiblc on account of this acrecmcot, except to inure, or account for the caroest money paid under this come -- The delivery of all papers and monics shall be made At the o5" of:...............'...'....'............................................. .... . LexiegtQn...South,..,Tn.C, e .......................... ............................................................................-..... 481'7 Upper Terrace, Edina, Nm. 55435 sy.._None....--- .................................... ....... ... ...... .... Arcot 1, the undcrsicntd, ow net of the abme 4nd, do hereby apptmx she abosr agement and the sale thereby made- 1 hereby actre to puchaw she said property for the price and upon the terms above mcmmnrd, and m )m to all conditions herein repressed. .......Lez.jngton..Sauth, Inc. Seller ' .. ..... Seller SEAL) C.Ity...or..Eagarla... innesota.._......_............. (sial) Duyef ... _By ........................................ ................... nuser 161; &. P..t A4..& 55113 Plw.. 612-636-4600 January 5, 1984 City of Eagan 3795 Pilot Knob Road Eagan, Mn. 55122 Attn: Mr. Tom Colbert • Re: Northview Meadows Trunk Improvement Project Contract No. 83-02, Project No. 365 File No. 49261 Dear Tom, pro G. R� AE Rahn W. Rave. P.E. J.." C. Aldl 1k P.E. badfa A. Le bM. P.E. Rkaend E. T.. P.E. /awe C Obm P.E. Ga R. Caok P.L Rebl A. Goals.. P.E Tka..a E Hai¢ P.E Rkled W. Face. P.E Rohm G. schen . P.E MW d. L. Se . P.L D&a W C. ftWAft. P.E. /eq A. Ravdaa PX Mart A. Hwa. P.L red R. Aft PF Mk T. Rrnwaa. P.E R.6W R. Pfc%, M PA D dd Lmkl P.L Cleat A. E Or L. M. Po.dtQ N.M. M. CIO. I am returning herewith the documents you gave me to review relative to George Trapp's damage claim. Also enclosed is a letter I received from Keller Con- struction which denies responsibility for the claim. I have found it impossible t0 verify the details of the claim. These situa- • tions are usually difficult to resolve but this one was further complicated by the City's late receipt of claim notification. Had we received prompt notifi- cation, we may have been able to resolve the matter by documenting the damage and the relevant circumstances that prevailed at the time (particularly the tire print). I have had several conversations with Austin Keller concerning this. Also, on December 19, I spoke with Bob Chilson of Central Landscape and George Trapp. Both seemed straight and honest with me, however, no new facts or information resulted and no resolution was reached. Under the circumstances, I recommended to Rich that the City process the full final payment to the contractor as we submitted it. My recommendation was based upon concern that the facts and circumstances as I knew them were insuf- ficient for the City to judge the contractor responsible. I realize that Mr. Trapp's rights must also be protected and it was for that reason we made extra attempts to investigate the matter. In addition to this, we initially told the contractor that this matter must be resolved to Trapp's satisfaction or we would not process the final. We eventually agreed to process the final after I was convinced that Austin Keller made personal attempts to resolve the issue and after I received the contractor's denial that he caused the claimed dam- age. The Council was understandably concerned that a resident was being treated unfairly by a contractor operating under a public works contract and that the claim could be directed toward the City in litigation. So to protect • Page 1. 87746 City of Eagan • Eagan, Mn. Re: File No. 49261 January -5, 1984 themselves they ordered the value of the claim be withheld from the final pay- ment. I talked to Austin Keller today. From this discussion, it is my belief that he will pay the claim with money he has withheld from payments due Central Landscape. However, I have no firm commitment from him that this will be done. Regardless of this, I still feel that I do not have adequate cause to change my recommendation concerning full final payment because I cannot sub- stantiate either side's claims. Furthermore, it is my understanding that the contracts "hold harmless" clause should protect the City from having to defend against such a claim. However, you may wish to get Paul Hauge's opinion on this since my opinion is from a contract administration viewpoint and this.may require a legal opinion.. If you have any questions or suggestions, please call me. Yours very truly, BONESTR00, ROSENE, ANDERLIK b ASSOCIATES, INC. Jerry A. Bourdon JAB:li cc: Robert W. Rosene • 8774b Page 2. Agenda Information Packet • January 17, 1984 City Council Meeting Page Thirty -One FEASIBILITY REPORT/COACHMAN ROAD/FOUR OAKS ROAD M. Review Request/Authorize Feasibility Report (Coachman Road/ Four Oaks Road - Streets) -- With the recent development of the Coachman Land Company 1st and 2nd Additions, Coachman Oaks Apartments/Condominiums, Coachman Highlands Townhouse Development and the pending Country Glen Condominiums, the need becomes more apparent for the upgrading of Coachman Road and Four Oaks Road from Yankee Doodle Road to Trunk Highway 13 to its ultimate design standard as a collector street to handle the traffic volumes generated from these multiple -density developments. The improvement of Coachman Road was a condition of final plat approval for the Coachman Highlands subdivision. As these high- density developments are completed and transferred into a condo- minium -type ownership, future public hearings on assessments will become more involved as more individual property owners will become financially responsible due to the fact that escrows were not required or obtained. Therefore, the Public Works Director is requesting that the Council authorize the preparation of a feasibility report for the upgrading of these streets to its ultimate design section with trails so that the appropriate public hearing can be held and the disposition of this construction • work formally resolved. ACTION TO BE CONSIDERED ON THIS ITEM: Authorize the preparation of a feasibility report for Project 348 (Four Oaks Road and Coachman Road - Streets). CONTRACT 84-1/TRUNK HIGHWAY 55/LONE OAK ROAD N. Contract 84-1, Approve Plans and Specifications/Authorize Ad for Bids (Trunk Highway 55/Lone Oak Road - Trunk Watermain) -- On November 15, 1983, a public hearing was held pertaining to the installation of trunk watermain along the west side of Trunk Highway 55/149 from Brown Tank to Apollo Road extended. Subsequently, detailed clans and specifications were ordered for preparation. This work has now been completed and the plans are being presented to the Council for their review and approval. Because of the pending improvements of Trunk Highway 55/149 and its intersection with Lone Oak Road, it is imperative that this work be completed prior to June 1, 1984. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 84-1 and authorize advertisement for bid opening to be held at 10:30 A.M. on Thursday, February 16, 1984. • s/Thomas L. Hedges City Administrator )7Z MEMO TO:. HONORABLE MAYOR & CITY COUNCILMEMBERS • FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 16, 1984 SUBJECT: INFORMATIVE The following items are intended to be informative and require no formal action on the part of the City Council. JOINT CABLE COMMISSION UPDATE The Joint Burnsville/Eagan Cable Commission has held three (3) regular meetings with the last meeting being held Thursday, January 12, 1984, in the Burnsville City Hall. Minutes for the November and December meetings are enclosed on pages 17S through I'? for your reference. As soon as minutes are approvedyb the Cable Commission, copies will be sent out to provide an update for the City Council. Also, periodically City Councilmember Smith or the City Administrator will provide a brief update of any action that might be pertinent or important as information for the City Council. ASSOCIATION FOR RETARDED CITIZENS/DAKOTA COUNTY Enclosed on page 1 "6 is a copy of a letter recently sent • to Mayor Blomquist, t anking the City Council for financial support of ARC, the Association for Retarded Citizens/Dakota County. BUILDING PERMIT REPORT The December Building Permit Report is enclosed on pages (1195'through �The number of permits totaled 983- for t e year and tt rate of applications in January 1984 is greater than January of 1983. JOINT AIRPORT ZONING BOARD Enclosed on pages 1�6 through %ted$ is a copy of minutes of the January 5, 1984, Joint Airport Zoning Board meeting. Please note that the second Joint Zoning Board public hearing is scheduled for this coming Wednesday, January 18. Since the entire City Council was present at the first Joint Zoning Board public hearing held at the Eagan Library for this area, itis not necessary to attend this meeting. City Councilmember Egan and City Planner Runkle will be present as members of the Joint Airport Zoning Board. HOME MORTGAGE PROGRAM • The first-time home buyers' program that was approved by the City of Eagan in conjunction with the construction of senior /-73 E citizen housing in West St. Paul is now by the Dakota County HRA. Attached that is available at the City Hall for All questions and administration of the the HRA office in Rosemount. City Administrator • • 171} being actively administered is a copy of a brochure distribution to the public. program is handled through UNAPPROVED MINUTES OF BURNSVILLE/EAGAN CABLE COMMUNICATIONS COMMISSION C -S• Thursday, November 17, 1983 Burnsville City Hall, 7:30 p.m. I. CALL TO ORDER "The Commission was called to order at 7:35 p.m. by Jim Spore, City Administrator of Burnsville. - II. ROLL CALL Members Present: Tom Hedges, Eagan Jim Spore, Burnsville Paul Wood, Burnsville Jim Smith, Eagan Ron Voracek, Eagan Betsy Tierce, Burnsville Stewart Gibson, Eagan Rogert J. Cooper, Eagan James Glish, Burnsville Robert D.'Johnson, Burnsville M. Susan Aeziman, Burnsville Members Absent: i Richard Bertz, Eagan Consultants Present: Mark J. Ayotte, Stern, Irvine, Schwartz, Lifson, Creighton & Bunin, P.A. III. ADDITIONS TO AGENDA Jim Spore, the acting Chair of the newly formed Commission, recommended the following additions to the agenda: 1) Retention of legal consultant -- Thomas D: Creighton of Stern, Levine, Schwartz, Lifson, Creighton 6 Bunin. 2) Request of Group W's $30,000 access grant. 17�;- IV. NOMDVATION AND ELECTION OF OFFICERS The Commission discussed the alteration of the office of Chair between the cities of Burnsville and Fagan. It was agreed that as Paul Wood, Burnsville, had been Chair of the previous Commission, the city of Eagan would be entitled to this office for the first term of the newly formed Commission. Nominations were opened for the offices of Chair, Vice Chair, and Secretary/Treasurer. Motion 11.17.1 - Approved -Unanimously. Nomination of Jim Smith for the office o Chair. by Voracek; Second by Gibson. Motion 11.17.2 - Approved -Unanimously. Nomination of Paul Wood, for the office o Vice e�air.Motion by Johnson, Second by Glish. Motion 11.17.3 - Approved.; -Unanimously. Ron Voracek was nominated for the office o�etary/Treasurer. Motion by Cooper, Second by Johnson. The Commission discussed and it was agreed that the office wrn ld remain as one. A) Time -Day -Hour of Meeti S. It was agreed that the Commission would meet on the recon •Thursday o eac month at 7:00 p.m. B) Frequency of Meetings. It was agreed that the Commission would meet on a mont y acts or the time being. C) Location. The Commission agreed that the meetings would alternate between the cities Burnsville and Eagan. The next meeting of the Commission was set for December 8, 1983, at the new City Hall in Fagan. D) Procedure for Call in Special M+�etin . The Commission agreed that the Chair or any three members cal one member represented from the other city, could call a special meeting of.the Commission given a forty-eight (48) hour minimum notice. �- :0_M711.I: Tom Hedges, City Administrator of Eagan, initiated discussion regarding the procedures for the financial matters of the Commission. Hedges informed the Commission that the City Administrators from both Burnsville and Eagan had agreed that the city of Eagan would utilize the necessary city support staff to oversee the financial matters of the Commission. The city of Burnsville would then reimburse the city of Eagan for one half (1/2) of the necessary expenses. Motion 11.17.1• - Approved -Unanimously. That the city of Fagan be delgated the cost ian of the records for the Commission. Motion by Cooper, Second by Gibson. 176 Spore suggested that the Commission begin the formation of various committees; specifically, an access committee and a budget committee. Chair Smith encouraged the Commission to think of other committees that would be necessary to the operations of the Commission. Tierce suggested a possible complaint committee to deal with Group W on consumer matters. Chair Smith tabled the discussion on committees until the next meeting. � • • a• : h• aa„iaur Chair Smith initiated discussion and review of the Joint Powers Agreement entered into between the cities of Burnsville and Fagan. The following areas of the Joint Powers Agreement were discussed: 1) Page 2, 54 regarding new.municipality membership to the Commission. Chair Smith stated that nothing has been heard regarding the cities of Savage and Mendota in joining with the Cmmission under the new Joint Powers Agreement. 2) Page 7, §10 regarding the members annual financial accounting to the Commission. Chair Smith stated that the money would be received by the cities, who would then account to the Commission on an annual basis -so that the Commission can prepare its annual budget and program of activities. 3) Page 8, 56 regarding the duties of Secretary/Treasurer. The Commission discussed the equivocal language of "keeping of all written and financial records". It was agreed that this section interpreted the duties of Secretary/Treasurer to be the custodian of records and ,that the legal consultant would be responsible for production of minutes of meetings. 4) Page 9, 54 ree=-ding the Cc*mnissicn buds_et. It :.as determined that the cities would produce an estimate of financial revenue to the Commission by the December 8, 1982, meeting so that the budget com- mittee of the Commission could be formed and the 1984 budget could be prepared and sent to the member cities for their approval in accordance with the Joint Powers agreement. VIII. LDGAL CONSULTANT Notion 11.17.5 - Approved -Unanimously. Thomas D. Creighton, Legal Consultant, o- Stern, Levine, Schwa:•tz, Lifson, Creighton 6 Bunin was retained by the Commission as the Legal Consultant at the rate of $60.00 per hour under the terms and conditions of the previous Commission. Motion by Wood, Second by Cooper. IX. REQUEST OF THIRTY Tmumm ACCESS awir FROM GROUP W Motion 11.17.6 - Approved -Unanimously. To request of Group .a the Thirty-Thousan an No 100 Dollars ($30,000) access grant to the comity access corporation for use in fostering access programming activity in the Burnsville/Eagan cable system as proposed to the cities. lotion by Gibson. Second by Voracek. /77 Chair Smith requested that the Legal Consultant prepare a Letter and send it to Croup W regarding this matter. C X. GROUP W REPORT Jim Conners of Group W addressed the Commission regarding a response to the October 28, 1983, letter from the Commission regarding Group W's failure of notification regarding application for necessary permits and licenses. Group W replied that they have complied with the applications to this point as far as practicable. Mr. Creighton will speak at the next meeting regarding the suf- ficiency of Group W's compliance. Conners discussed the activities of Group W to date. He noted that a headend location had not been selected; however, on-site tests at a few loca- tions have been conducted i -r. search of a suitable property location. He expected to have a headend location by the December 8, 1982, meeting. He noted that notification to the Commission would be made for any deviations from the proposal, to seek the Commissions spproial in light of new technologies. This included any change from a secorx!ary hub rahich would link to the headend. At this point. Comers informed the Commission that Group W had no reason to believe they could not adhere to the rwenty-eight (28) month construction time- table. XI. OTHER BUSINESS Ayotte requested the Commission consider:joining the Minnesota r'• Association of Cable Television Administrators. He then briefly discussed the background and purposes of MACTA. Chair Smith noted that MALTA would become an agenda item for the December 8, 1983, meeting. In addition, Chair Smith requested that a report from Group W be considered a permanent agenda item. r f• XII. ADJOUFt= The meeting was adjourned at 9:10 p.m. 17$ MINUTES'OF THE BURNSVILLE/EAGAN CABLE COMMUNICATIONS COMMISSION DECEMBER 8, 1983 A meeting of the Burnsville/Eagan Cable Communications Commission was held on Thursday, December 8, 1983, in the Eagan City Hall at 7:00 p.m. Those members present were Betsy Pierce, Paul Wood and Robert Johnson of Burnsville; Jim Smith, Robert Cooper, Stuart Gibson, Ron Voracek and Rick Bertz of Eagan; city staff members including Jim Spore, City Manager of Burnsville, and Tom Hedges, City Administrator of Eagan; and Tom Creighton, legal counsel. MINUTES Chairman Smith stated that minutes were recorded and sent out by the legal consultant and entertained any changes and/or cor- rections offered by the commission. Aftera brief review and in a motion by Wood, seconded by Johnson, with all members voting in favor, the minutes of the Burnsville/Eagan Cable Communications Commission meeting held on November 17, 1983 were approved as cor- rected. TREASURER'S REPORT The Eagan city administrator presented the commission with a brief treasurer's report, stating that the commission has $10,000 as a balance on hand for general fund considerations by the commission and is expecting an access grant. from Group W in the amount of $30,000 to be earmarked for access purposes. The Eagan city administrator also provided the commission with a list of projected revenues and expenditures that can be used for prepara- tion of the 1984 operating budget. Tom Creighton reviewed the list of expenditures, providing additional information about the type of expenses the commission can anticipate incurring during their first year of operation. Mr. Creighton included in his discussion the need for staff support from one of the cities to provide mailings, preparation of agendas, coordination of support informa- tion and also a person to take the minutes of the commission meetings. He further spoke to the additional staff needs that will occur within the next year or so, suggesting that a full time staff person is more than likely necessary in the next several months. City Administrator Hedges stated that the City -of Eagan will provide the accounting services and also support staff for the various ad- ministrative operations incurred by the commission. /79 Cable Commission Minutes December 8,-,1983 Page 2 l'►:[�ili 1 Chairman Smith suggested that the commission review information relating to membership in the Minnesota Association of Cable Television Administrators, referred to as MACTA, and decide whether they wish to join as a member of that association. Tom Creighton reviewed the purpose of MACTA and the type of information and data that will be available to commission and/or cities, and further that the cost is estimate -d at approximately $1,500 per year for membership. Motion -12:8.83.1. Adopted, Unanimous. Authorize the Burnsville/Eagan Cable Commission join the Minnesota Association of Cable Television Administrators and authorize payment of 1984 dues. BYLAWS Chairman Smith continued discussion on the bylaws until their completion by Tom Creighton which is anticipated for review at the January 1984 meeting. SUBCOMMITTEES Chairman Smith asked for discussion regarding the appoint- ment of subcommittees that will serve as fact finding and research committees for the commission as a whole. He further stated that discussion at the first commission meeting suggested the appointment of three subcommittees which are access, budget and complaint. There was further discussion about the formation of subcommittees, and it was decided by the commission that four subcommittees should, be formed, consisting of access, budget, subscriber and company relations, and structure and goals. It was determined that the access subcommittee would -determine whether an access foundation is required, who can use access, would determine policies for access and possibly meet with schools, churches and other organizations that have an interest in public access. The budget committee.would develop an operating budget for the commission and also a public access budget for annual consideration. The subscriber and company relations would first deal with company relations while cable con- struction is beginning, and then with prospective subscribers as complaints or questions may arise that can be best answered by the commission. The last subcommittee to be designated is structure and goals which is a short and long range planning subcommittee dealing with broad objectives of the joint cable commission. Com- mission members agreed on the formation of those four subcommittees and Chairman Smith designated the following membership, with the chairman of each subcommittee listed first: Access: Robert "Cubby" Johnson, Chair; Bob Cooper, Jim Glish Budget: Ron Voracek, Chair; Paul Wood, Jim Smith m Cable Commission Minutes December 8, 1983 Page Three Subscribers & Company Relations: Betsy Pierce, Chair; Stuart Gibson, M. Susan Aeziman Structure a Goals: Paul Wood, Chair; Rick Bertz, Ron Voracek GROUP W/REQUEST REGARDING "HEADEND & HUB MODIFICATION" Mr. Jim Commers, general manager for the Burnsville/Eagan Group W cable operation, .appeared and stated that Group W Cable is proposing a modification of its original proposal to serve the Cities of Burnsville and Eagan as it relates to the location of a headend and hub. Mr. Commers further stated that the new proposal calls for a single headend and elimination of the hub. He proposed that one headend be located near the border of the two cities and distribute programming to each via separate, dedicated trunk cable, or, in other words, two subscriber trunk cables would eminate from the head end. Mr. Commers stated that each city will receive its own direct distribution of programming and also its own distribution network which would facilitate narrow casting of certain programs solely within one of the city's boundaries. Commission members raised a number of questions for Mr.' Commers, having reviewed the single headend proposal. It was the consensus of the commission members that, due to the amount of technical detail associated with the proposal and due to the impact the change may or may not cause on the system for various areas within the two communities, it was recommended that the commission hire. .0 -,technical consultant to re- view the modification. Motion 12:8.83.2. Adopted. Unanimous. The executive committee is directed to hire a technical consultant to review the head -end modification proposed by Group W, report their action to. the commission as a whole at the January 12 regular meeting, and further that Group W reimburse the cost for the technical consultant to the joint commission. GROUP W REPORT Mr. Jim Commers discussed briefly the locations for the proposed headend and hub without providing specific sites. The representative of. Group W also reviewed the status of strand mapping and negotiations with utility companies, stating that make-ready plans are progressing, however, the procedure is quite detailed and manycomplications can arise before the final make-ready plans are approved and implemented by Group W. . ORGANIZATIONAL Chairman Smith asked for general comments regarding con- ducting business at future meetings and it was the general consensus of the commission that each agenda consist of roll call, minutes, financial report, committee reports, visitors to be heard, old /91 Cable Commission Minutes December 8, 1983. �i Page Four business, new business, other business and adjournment. ADJOURNMENT The meeting was adjourned at 9:00 p.m. until the next regularly scheduled meeting to be held January '12, 1984, at 7:00 p.m., in the Burnsville City offices. Dated: December -.8, 1983 4 Secretary Oarc .. "JAN E Association for Retarded Citizens/Dakota County A no rollt tax exam t charitable or anization •rl-P D B 33 E. Wentworth Avenue, Room 105, West St. Paul, Minnesota 55118 Phone 457-2588. PRESIDENT Tom Saby W. St. Paul VICE PRESIDENT January 5, 1984 Carolyn Corson Burnsville SECRETARY Nancy Commerford Mayor Bea Blomquist Hastings City of Eagan TREASURER 3795 Pilot Knob Road Linn Sheppard P.O. Box 21199 Eagan Eagan, MN 55122 PAST PRESIDENT Donita Soucek Dear Mayor Blomquist: Hastings DIRECTORS I am pleased to enclose annual reports on recreation services provided for mentally retarded childrenand adults in Eagan Chuck Erickson during 1983 through our Recreation Unlimited program. A Apple Valley total of 48 residents in your community were served in four Jan Feely local programs and four non -local programs. Rosemount On behalf of the Association's Board of Director's, I want to Grudem thank you,. the City Council and the Eagan Park and Recreation 49`udy ple Valley Department for your continuing support of programs for retarded Kathy Henrickzon citizens'in Eagan. We are grateful for your financial support Mendota Heights of $1,000 to co sponsor recreation programs in 1984. Bob Ilstrup We will. continue to follow the previous billing schedule of June Mendota Heights 1, 1984 and December 1, 1984 for $500.00 per billing. John Johnson Sincerely, W. St. Paul Tom Klein , S. S[. Paul V Suzy Zender Judy Marder Recreation Services Coordinator Apple Valley Diane McNearney Enclosure Rosemount Kathy Pine cc: Ken Vraa, Director Parks and Recreation Mendota Heights City of Eagan Sally Reardon Mendota Heights Thomas Hedges, City Administrator Tara Scheffel SZ/lp Burnsville flan Smith gan Nancy Turner St. Paul EXECUTIVE DIRECTOR Susan Seymour 113 MomU 'unit of ASSOCIATION FOR RETARDED CITIZENSINATIONAL Mom Oaf Unll of ASSOCIATION FOR RETARDED CTT2ENSMINNESOTA 10 lIAgmcy Y Aglmq • INSPECTION/OFFICE• HOURS Building Plumbing HVAC Administrative/Office Fire `iirshal Miscellaneous General Office Permit Processing NL14BER OF PERMITS ISSUED Building Electrical Plumbing hV AC Water Softener Well, Cesspool, Septic Tank Signs PROTECTIVE INSPFCTI_ONS MONTHLY REPORT DECEMBER, 1983 This Month Year -To -Hate 99. 2,294.5 146.5 1,599.5 96. 869.5 50. 550.5 37. 494. 0 52.5 167. 2,092. 131.5 1,442.5 This Month Year -To -Date Permits 983 51 1,016 43 814 45 740 9 58 0 24 31 74 MONTHLY Tvpe Permits Valuation Permit Fee Plan Check Fee Total Fee* Single Family 18 1,330,000. 6 358.50 $ 3,179.25 33 332.75 Duplex 2 106 000. 584.00 292.00 3,499.00 Multi-Family28 1,061,000. 3 845.50 1,922.75 37,478.75 Commercial 1 1 272 500. 865.50 432.75 3,384.75 Industrial 0 -- -- -- -- Institutional 0 -- -- -- Res. Cara e 1 7,000. 62.50 0 66.00 Swim. Pool 0 -- -- -- -- Miscellaneous 5 196,000 970.00 376.25 2,729.75 TUTALS 7.972.500. 12,686.00 6,202.50 BO 491.00 YEAR-TO-DATE 1937 25 950. 278 590.00 $135,878.50 $ ,590,077.39 • • Total Fees Include: Building Permit Fee, Sur -Charge, Plan Check Fee, SAC Unit Fee, Water Connection Fee, Water Meter Fee and Road Unit Fee. 0 • 11RU'rI:Crin 1NSPCC'r101JS - ADSONAL MUM'IILY INFOIU•IA7'J0:1 • DECEMBER. 1983 . MULTI -FAMILY BREAKDOWN COME RCIAL, INDUSTRIAL AND INSTITUTIONAL BREAKDOhq Ir11t 1i11111= Permit N Number of Number of Number of Permit Fee Service Charge Service 111 an Ctec: I �- a -7 _l,pc Permits flu i, Idings Units Valuations Permit Fees Charge Fees Total Fees, f01rr Unit Four Unit - 108 Shimming Pool - 14 Sur -Charge - $ 16,051.00 Light Unit - _Tol,n11011sc 4 1 4 224 000. $1,204.00 $112.00 $ 602.00 $ 7,058.00 fiF:ht Unit *Total Fee - $ 9.15,036.45 1'01rn11011se 24 3. 24 837.000. 21641.50 418.50 11320.75 30,420.75 Dup]ex 2I 1 1 2 1 106 000. 1 584.00 53.00 292.00 3,499.00 A partmcnts or CcndOminiums D_- m 1'0FALS'31 40 977.75 COME RCIAL, INDUSTRIAL AND INSTITUTIONAL BREAKDOhq Ir11t 1i11111= Permit N Address F1 Legal Owner Valuations Permit Fee Service Charge Plan Check Fees '— Total I`ccs• I �- a -7 2935 W.Service R . Don Dllrlex - S136,50 $432.75 $3,384.75 Bldg. Permit FeL - $ 17S,917. SO Four Unit - 108 Shimming Pool - 14 Sur -Charge - $ 16,051.00 Light Unit - 88 Miscellaneous - 155 Plan Check Fee - $ 8.1,830.75 Alit/Condo - 0 Tum - 676 *Total Fee - $ 9.15,036.45 VOID NUMBER 011 BUILDING 1'JOL ITIIMITS ISSUED IVI/1LJ MOUNI'S OF VALUA'HU.`IS 71 I-I:I ti— .';ingle Family - 224 Ind/Comm/Instit, - 9 Vnluation - $33,917,78j.00 Dllrlex - 60 Res. Garage - 18 Bldg. Permit FeL - $ 17S,917. SO Four Unit - 108 Shimming Pool - 14 Sur -Charge - $ 16,051.00 Light Unit - 88 Miscellaneous - 155 Plan Check Fee - $ 8.1,830.75 Alit/Condo - 0 Tum - 676 *Total Fee - $ 9.15,036.45 VOID JAN 1 1 1904 THE HOZZA ASSOCIATES, INC. • Commerce Building 8 East Fourth Street St. Paul, Minnesota 55101 January 9, 1984 Memorandum to: Wold -Chamberlain Field Joint Airport Zoning Board r•���r<<a Larry Lee(Bloomington) Mark Mahon (Bloomington) Dale Runkle (Eagan) Thomas Egan (Eagan) Wilfred Viltala (MAC) Nancy Witta (MAC) Liz Witt (Mendota Heights) Lawrence Shaughnessy, Jr. Dale.Pollock (Minneapolis) (Mendota Heights) Walter Rockenstein (Mpls.) Vern Luettinger (Richfield) Donald Dunshee (St. Paul) Rick Jopke (Richfield) Rick Wiederhorn (St. Paul) John Voss (Chairman) Larry Jung (Mendota) meeting of the Board to evaluate the public testimony and take From: Eileen McMahon and David Hozza 10 S'40-® RE: Public Hearing • This Is to remind you that the second public hearing on the proposed safety zoning ordinance for Wold -Chamberlain Field will be held at 7:30 p.m., Wednesday, January 18, 1984 at the Nokomis Community Center, 2401 E. Minnehaha Parkway in South Minneapolis. Immediately following the hearing, the chairman will convene a brief meeting of the Board to evaluate the public testimony and take official action regarding the proposed ordinance. Please plan to attend both the hearing and the Board meeting. cc: Nigel Finney Mike Kazuba Tom Anderson Peter Stalland Bill Olson Chauncey Case Tom Hedges Wayne Bachman Pat Cannon Linda Hansen Dan Callahan Garrette Mulrooney John Shardlow John Crouch . David Phelps George Burkards Bernard Friel MnDOT 011ie Ulvilden Chuck Mertensotto Bloomington City Clerk Howard Dahlgren Eagan City ClerkKevin Frazell Mendota City Clerk Mendota Hglghts City Clerk PLEASE POST • Richfield City Clerk Minneapolis City Clerk St. Paul City Clerk 10 S'40-® Wold -Chamberlain Field Joint Airport Zoning Board 4 p.m., Thursday, January 5, 1984 Metropolitan Airports Commission Meeting Room •Board Members In Attendance: Nancy Witta, Dale Runkle, Larry Shaughnessy, Vern Luettinger, Rick Jopke, Larry Lee, Dale Pollock, Larry Jung, Rick Wlederhorn. Others In Attendance: Garrett Mulrooney, George Burkards, Chuck Mertensotto, Howard Dahlgren, Kevin Frazell, Eileen McMahon, David Hozza. Minutes I. Call to Order In Chairman Voss' absence Nancy Witta called the meeting to order at 4:10 p.m. II. Approval of Minutes Motion was made by Vern Luettinger and seconded by Larry Shaughnessy to approve the minutes of the December 15 meeting. Motion passed. III. Review of proposal submitted by Joint Committee an Disposition of Acacia Park Property. Eileen McMahon reviewed the concept of the proposal Out forth by the Joint Committee on the Disposition of the Acacia Park Property. She explained that at the December 15 meeting its representatives presented a proposal for amending the proposed ordinance to allow for a transfer of B -zone densities from land dedicated to permanent open space to other land available for development within the B -Zone. The proposal put forth by the Joint Committee calls for language to be added to Section V B 3 of the zoning ordinance. At the last meeting the Joint Zoning Board requested that Ms. • McMahon convene a meeting of representatives of the legal staff and others , from MAC and MnDOT to discuss their reactions to the proposal. That meeting, which was held on December 22, resulted in one slight modification to the proposed language. With that slight modification. the MAC and MnDOT representatives agreed that the language was acceptable to them. A copy of the proposed language (with the additional wording underlined) is attached. After some discussion, motion was made by Larry Shaughnessy and seconded by Dale Runkle to adopt the additional language as proposed by the Joint Committee on the Disposition of the Acacia Park Property and as amended by MnDOT. The roll call vote was as follows: Yeas: Larry Lee, Dale Pollock, Vern Luettinger, Rick Jopke, Larry Jung, Larry Shaughnessy, Dale Runkle, Nancy Witta. Nays: (none). Abstentions: (none). Motion passed. IV. Official Action on the Ordinance Motion was made by Rick Jopke and seconded by Larry Shaughnessy to approve the zoning ordinance as amended, to submit it to MnDOT for a Commissioners Order of Approval, and to hold the second public hearing as originally planned on January 18, 1984 at the Nokomis Community Center at 7:30 p.m. Notion passed unanimously. V. Next Meeting Date/Adjourn The next meeting of the Joint Zoning Board will be held immediately following the Public Hearing an January 18. The purpose of the meeting will be to take final action on the adoption of the ordinance. There being no further business, the meeting adjourned at 4:25 p.m. Submitted by Eileen T. McMahon Consultant %g —7 • V. LAND USE SAFETY ZONING: B. Use Restrictions, paragraph 3, subparagraph e: shall be amended as follows: Change existing subparagraph a to f (page 14). e. Density, Site Population Transfer Both allowable building area lot coverage and allowable site population may be transferred from adjacent parcels, within any given B -Zone, where the Zoning Administrator finds said parcels to be in permanent open space use. Land determined by the Zonl Administrator to be in Dermanent open space shall be sub_tect to the use restrictions set forth in Subsection V B 2. For the purposes of this provision, the permanent open space for Runway 1. Determination of Transferable Building Area For the purposes of the administration of this section, all of the acreage determined to be In permanent open space use shall be considered as a single site. The ratio set forth In Section V B 3 d shall then apply to determine the transferable building plot area. In no case shall the transfer of building plot area result In a development which exceeds the maximum lot coverage and/or floor area ratio set forth in the underlying zoning district. 2. Determination of Transferable Site Population As in Subsection a (1) above, the entire developable area • found to be in permanent open space use shall determine the site area for the determination of transferable site population. The maximum site population standard of 15 persons per acre shall be applied to determine the transferable site population. • 3. Distribution of Density Transfer Distribution of density transfer shall be apportioned by the Zoning Administrator based upon the proportion of a particular parcel to the total developable acreage within any given B Zone. M MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS • FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 16, 1984 SUBJECT: ADDITIONAL INFORMATION FOR 1-17-84 CITY COUNCIL AGENDA CONSENT AGENDA B. Personnel Matters -- Please include clerk typist position was advertised, Marilyn wucherpfennig be hired for that January 16, 1984. Therefore, this item six persons. Item #5: The receptionist and it is recommended that position beginning Monday, will change from five to G. Receive Petition/Order Public Hearing, Street Vacation (Lexing- ton Avenue South of County Road 30) -- Enclosed on page 8 is a gra- phic description of the portion of Lexington Avenue to be vacated for the proposed plat of Kensington Place. while it was anticipated that the formal petition would also be made available with the administrative packet, the necessary signatures of the property owners were not available at the time of packet preparation. It is anticipated that it will be presented on the night of the Council meeting. OLD BUSINESS A. Liquor License Policy Change -- The City Administrator has not received letters as requested. Therefore, it is suggested that this item be continued until the February 7, 1984 City Council meeting. B. Off -Sale Liquor Application/Perrier -- The same action as Item A. is requested for this item. C. Lexington South Parkland Dedication -- The memorandum from City Attorney Hauge is enclosed and referenced as pages 40 - 41 for your review. The City Administrator, City Attorney and Director of Parks and Recreation again met regarding this issue today, and further comments regarding the Lexington South parkland dedication will be presented at the meeting on Tuesday. Also enclosed and referenced as an addendum is a memo from the City Administrator regarding this item. ADDITIONAL ITEMS F. Lone Oak Tree -- Additional information has been received from Dr. Nerburn regarding his proposal for a Lone Oak Memorial. This • additional information is enclosed and referenced as 154A and B. 199 • Additional Information Memo January 17, 1984 Council Meeting Page Two • K. Consideration of Land Acquisition from Lexington South, Inc. -- Water Booster Station & Reservoir -- The Public Works Director has had further discussion with the Consulting Engineer, Mr. Bob Rosene, pertaining to the anticipated timing for the construction of the installation of the water booster station on Lexington Avenue to service the high pressure zone in the water distribution system. It is anticipated that this booster station should be constructed and on line by 1985. This would make the acquisition of this pro- perty as proposed by Mr. Curry very timely and appropriate. In addition, the purchase agreement was ;reviewed by the City Attor- ney, Mr. Paul Hauge. He has recommended 'that the purchase agreement as submitted by revised to make the seller responsible for real estate taxes due in 1984 in addition to all levied and pending assessments against this property. ME u SUBJECT TO APPROVAL MINUTES OF A REGULAR MEETING OF THE ADVISORY PARKS AND RECREATION COMMISSION EAGAN, MINNESOTA JANUARY 5, 1984 A regular meeting of the Advisory Parks and Recreation Commission was called to order by Chairman Martin at 7:00 P.M.. Members present were Martin, Bertz, Thurston, McNeely, Alt, Kubik, Fedde, Jackson, Masin and Carroll. -Also pre- sent were the Director of Parks and Recreation, Ken Vraa, and Administrative Staff Person, Liz Witt. Larry Frank, Dave Gabbert and Jim Curry were also present to discuss proposed developments. AGENDA Park and Recreation Director Vraa, requested the addition of the Westbury proposed plat to development proposals. Commission member Jackson moved and Masin seconded to approve the agenda as amended. The motion carried. MTNDTFS Commission member Carroll moved, Thurston seconded, to approve the December 1, 1983 minutes as presented. The motion passed... • DEVELOPMENT PROPOSALS A) Berkshire Pond Larry Frank of Derrick Land Company was again present to discuss the Berkshire Pond development. Derrick Land Company proposes 73 lots on 27 acres. The pro- posed park parcel is somewhat over four acres of which 2.5 acres is land and the remainder is in two ponds. Mr. Frank indicated he is having a difficult time selling the homeowners association concept. The potential developer said he was definitely not interested in this concept. Mr. Frank said nothing else had changed in the development from the December Commission review and he would like to dedicate the parcel as park to fulfill the dedication requirements. Chairman Martin noted there.is not enough money for small parks which only serve 73 homes. While it may be nice to have a tot lot for each residential development, such a park would not benefit the Ciry as a whole. The small size would pose a maintenance and development problem. The proposed park and residential plat is in the Ridgecliff neighborhood park service area and is connected by a walkway. He also reiterated he does not like to see a tot lot so close to water. Chairman Martin concluded by saying the tot lots should be located elsewhere; and that lot line be redrawn to include the parcel but the City should not accept the land as a park. Several mem- bers commented and questioned the proposal further. 0 Minutes January 5, 1984 Page Two. At_the.request of_Mr. Frank, the discussion then -revolved around how much • credit might be given the developer if the parcel were included as a pri- vate park. Director Vraa said there is no precedence to his knowledge for private parkland to be given park dedication credit. He noted that approxi- mately 1/3 credit was given for a parcel in Cinnamon Ridge, accepted by the City. After a brief discussion, Chairman Martin moved to recommend a cash dedica- tion for Berkshire Pond development. He cited the small size of the parcel; the proximity and accessibility to Ridgecliff Park; the unacceptability of proposed use (tot lot) and the fact the parcel would not benefit the City. Doug McNeely seconded the motion. The Commission approved the recommendation with Commission member Masin abstaining. As a footnote, the Commission did encourage the developer to form a homeowners association to guide the park if he chose to retain the outlot as open space. B) Westbury Plat 6 Lexington South PUD The Director of Parks and Recreation again introduced the Westbury/Lexington South PUD issue saying the City Council has asked the Commission to again review the issue of parkland in the Westbury Plat. He went on to explain that this issue is also interrelated to the whole issue of parkland in the Lexington South PD. The Director explained that Mr. Curry, owner/developer of the PUD, is hopeful in dedicating remaining,parkland. The Director con- tinued to explain other aspects of the early dedication. • Director Vraa then stated that the proposed Westbury is a. mix,, of single family and twin homes. In the original planned development, it was pro- posed that 8.3 acres would be dedicated as park. It was the thought at the time of agreement that the park parcel might serve as a connection trail to Patrick Eagan.Park from Westcott Road. The proposed Westbury Plat has changed this concept and topography would make such a trail ex- tremely difficult. There is no access from Westcott to the parcel it was explained. Jim Curry of Lexington South spoke to the park dedication issue. He said the entire PD covers 1,153 acres and they've agreed to dedicate approximately 145 + acres or 25 acres + over the 10% required. He stated further that 67.5 acres have been dedicated and 73.6 acres remain to be dedicated. Mr. Curry noted that HUD has. changed its rules and he can now dedicate all the remaining parkland and get out from under the tax burden that waiting for final plats entails. He too would like to have the West- bury park de�iication reselved as is is part of Lexington South PD. Chairman Martin commented that in the early days it was undesirable parcels which were given as park dedication. He said the only purpose for the West- bury Park parcel was a trail and now that purpose is no longer vali�!. He said the parcel would not be an amenity for the City. Chairman Martin pre- ferred to negotiate for park elsewhere in the PD. Commission member Carroll said a passive park is not needed, but that a ball type park is. He further noted that the Parks Commission has a-responsibility-to-the=community resi- dents and the parcel in question is really not usable for active activities. Its value is in open space only. 0 • Minutes January 5, 1984 Page Three. Jim Curry noted there may be•some,othersmall,areas the City could trade for, but most of the area is spokenlFor. Parks and Recreation Director Vraa said there is also the question of amount of credit given for the high line trail and ponding'credits,which should be calculated and applied against the dedications. Jim Curry and Dave Cabbert stated they want to continue with development this spring, stating they've been held up for months on the project with easement problems. He felt the City was anxious to move on the project and hoped for a decision by the January 17 City Council Meeting. Commission member Thurston agreed that the Commission must address the park dedication for Westbury as well as with the amount of credit to be given for the parcel. She noted the eight acres under discussion did not include the sliver of land owned by Mr. McCarthy which was between Westcott Road and the proposed park. Commission member Carroll thought the City should look for its ten -acre park on the McCarthy property; but he said the City cannot give credit for this parcel and then not accept it. There was considerable discussion regarding the parcel, credits for ponds, language in the PD and alternatives available. After discussion Chairman Martin stated that it appears the Commission's • preference is not to take the parcel for park, but to negotiate elsewhere for a park site. He asked the department staff to study the park dedica- tion given in the Lexington South PD to see if appropriate credit was given and if total acreage is correct. If the figures are short, he added, the City should be given additional acreage elsewhere. Mr. Curry suggested that the park could be outloted at this time to allow the development process to proceed. This, he said, would still allow the Commission time to decide if it wants the park. Parks Director Vraa said he would like to review the park dedication in more detail with Mr. Curry to see if the 145 acres are adequate. He suggested a special meeting be held before the next regular City Council Meeting. This would allow time to study the issue in more detail to assure that the Council knows exactly where the Advisory Parks and Recreation Commission stands regarding the proposed park dedication. He stated he did not think Mr.. Curry should place the parcel in an outl.)t pending the park study. Commission member Carroll moved and Fedda seconded to table the Westbury Plat and Lexington South Park dedication to a January 11 meeting. The motion carried unanimously. 0 Minutes January 5, 1984 Page Four. • IQRoll 1.111.24U*b9 A) Park System - Park Finances Parks and Recreation Director Vraa told the Commission that the City Council approved the Task Force concept and will establish the group soon. Director Vraa has reviewed a list of 25 names with City Administrator Hedges and a final list will be presented to the City Council at its January 17 meeting. He went on to review, the material in the packet saying that the Phase I - Working Proposal could be equated to a bond issue for $3.2 million and $1 million for Phase II. As for meeting 1990 needs, the City would be somewhat short of soccer, baseball and softball fields. The number of tennis courts and hockey rinks would be adequate. Member Masin questioned the specific action being taken, i.e. the removal of the hockey.facility at Carnelian when it is -so heavily used. There was discussion regarding this with the explanation the rink would not be taken out until a replacement was ready. Commission member Kubik reiterated the need to -.define the Task Force goal - that of financing. He''did not want the'park systems plan addressed at all. There was a consensus that what had been prepared could be.presented to the • Task Force for their review. B) Park Names The Park Name Committee Chairman, Richard Carroll, presented the following list of park names to the Commission. The Blue Cross/Blue Shield site was removed from the list. The high line trail was changed to Logger's Trail and Walnut Hill Park was the selected name for Wedgwood Park. The remaining names were accepted as presented (list'follows). CURRENTLY KNOWN AS OAK CHASE NORTHVIEW THOMAS LAKE CARNELIAN CAPRICORN CHES MAR CINNAMON RIDGE COUNTRY HOME HEIGHT DEBOER DONNYWOOD FISH LAKE HILL TOP PILOT KNOB RIDGE CLIFF WEDGEWOOD RECOMMENDED NAME OAK CHASE PARK DOWNING ATHLETIC FIELDS THOMAS LAKE CARNELIAN PARK GOAT HILL PARK STONECUTTERS PARK ROBBER'S RAVINE PARK CINNAMON PARK COUNTRY HONE PARK O':E?4Y PARK BARLEY CORN PARK FISH LAKE PARK BERRY PATC4 PARK PILOT KNOB PARK RIDGECLIFF PARK WALNUT HILL PARK • • 0 Minutes January 5, 1984 Page Five. CURRENTLY KNOWN AS (CONT.) WINDTREE WOODHAVEN MEADOWLANDS HI LINE SCHWANZ LAKE RECOI%NENDED NAME (CONT.) WESCOTT STATION PARK WOODHAVEN PARK MEADOWLAND PARK LOGGERS TRAIL TRAPP FARM PARK Commission member Carroll moved and Jackson seconded to accept the.slate of names and recommended Council action for official name designation of parks. The motion passed unanimously. NEW BUSINESS Meadowlands Park The Director of Parks and Recreation,presented a base map of Meadowlands Park as prepared by Mr. Erkkila. He reminded the Commission that they had requested a training session on the process and issues a Park Planner goes through. The purpose of the base map was for the Commission to now try and "plan" the park. He explained the process to be used and the follow-up session at the next meeting by Mr. Erkkila. Chairman Martin asked to continue with the agenda first and return to this after adjournment. Following adjournment, the Commission met until 11:00 P.M. to go through the "planning" of Meadowlands. Chairman Martin concluded that this was a great learning experience and has already pointed out the number of issues the Planner must consider. OTHER BUSINESS A) Kehne House The Director reported that he had contacted an Eagan resident and architect, Roger Sjobeck, to look over the house and do an independent evaluation. He had met with the Chief Building Official and the Director to review the house plans and problems. He has also visited the house and took several pictures. Mr. Sjobeck will, need a few weeks to develop ideas, make cost estimates, etc. for the Kehne House. B) Program Directions The City offices recently vacated at 3795 Pilot Knob Road are being remodeled. Parks Director Vraa suggested that the Commission be thinking of uses for the Community Room with senior citizen programs a definite possibility. This will be an agenda item at the February and March meetings. Minutes January 5, 1984 Page Six. C) Grant Applications The final grant application for Fish Lake is almost ready. The Director stated that funding appears very likely for the spring of '84. D) Skating Rinks — The skating rinks had to be closed on January 5 and will not be reopened until the weather turns colder and rinks reflooded. E) MEED Intern Director Vraa announced he has a new intern hired under the MEED Program - Jim Sturm, a U Of Minnesota Landscape Architect. He will be with the Parks Department for six months. ADJOURNMENT On a motion by Alt, seconded by McNeely, the official Commission Meeting adjourned at 10:10 P.M.. Dated: Advisory Parks and Recreation Secretary • u 0 e E SUBJECT TO APPROVAL MINUTES OF A REGULAR MEETING OF THE ADVISORY PARKS AND RECREATION COMMISSION EAGAN, MINNESOTA JANUARY 5, 1984 A regular meeting of the Advisory Parks and Recreation Commission was called to order by Chairman Martin at 7:00 P.M.. Members present were Martin, Bertz, Thurston, McNeely, Alt, Kubik, Fedde, Jackson, Masin and Carroll. Also pre- sent were the Director of Parks and Recreation, Ken Vraa, and Administrative Staff Person, Liz Witt. Larry Frank, Dave Gabbert and Jim Curry were also present to discuss proposed developments. AGENDA Park and Recreation Director Vraa, requested the addition of the Westbury proposed plat to development proposals. Commission member Jackson moved and Masin seconded to approve the agenda as amended. The motion carried. MINUTES Commission member Carroll moved, Thurston seconded, to approve the December 1, 1983 minutes as presented. The motion passed. • DEVELOPMENT PROPOSALS A) Berkshire Pond Larry Frank of Derrick Land Company was again present to discuss the Berkshire Pond development. Derrick Land Company proposes 73 lots on 27 acres. The pro- posed park parcel is somewhat over four acres of which 2.5 acres is land and the remainder is in two ponds. Mr. Frank indicated he is having a difficult time selling the homeowners association concept. The potential developer said he was definitely not interested in this concept. Mr. Frank said nothing else had changed in the development from the December Commission review and he would like to dedicate the parcel as park to fulfill the dedication requirements. Chairman Martin noted there is not enough money for small parks which only serve 73 homes. While it may be nice to have a tot lot for each residential development, such a park would not b=nefit the City as a whole. The small size would pose a maintenance and development probl--m. The proposed park and residential plat is in the Ridgecliff neighborhood park service area and is connected by a walkway. He also reiterated he does not like to see a cot lot so close to water. Chair=an Martin concluded by saying the tot lots should be located elsewhere; and that lot line be redrawn to include the parcel but the City should not accept the land as a park. Several mem- bers commented and questioned the proposal further. 0 Minutes January 5, 1984 Page Two. At the request of Mr. Frank, the discussion then revolved around how much • credit might be given the developer if the parcel were included as a pri- vate park. Director Vraa said there is no precedence to his knowledge for private parkland to be given park dedication credit. He noted that approxi- mately 1/3 credit was given for a parcel in Cinnamon Ridge, accepted by the City. After a brief discussion, Chairman Martin moved to recommend a cash dedica- tion for Berkshire Pond development. He cited the small size of the parcel; the proximity and accessibility to Ridgecliff Park; the unacceptability of proposed use (tot lot) and the fact the parcel would not benefit the City. Doug McNeely seconded the motion. The Commission approved the recommendation with Commission member Masin abstaining. As a footnote, the Commission did encourage the developer to form a homeowners association to guide the park if he chose to retain the outlot as open space. B) Westbury Plat S Lexington South PUD The Director of Parks and Recreation again introduced the Westbury/Lexington South PUD issue saying the City Council has asked the Commission to again review the issue of parkland in the Westbury Plat. He went.on to explain that this issue is also interrelated to the whole issue of parkland in the Lexington South PD. The Director explained that Mr. Curry, owner/developer of the PUD, is hopeful':iri dedicating remaining parkland. The Director con- tinued to explain other aspects of the early dedication. • y Director Vraa then stated that the proposed Westbury is a mix_of single family and twin homes. In the original planned development, it was pro- posed that 8.3 acres would be dedicated as park. It was the thought at the time of agreement that the park parcel might serve as a connection trail to Patrick Eagan Park from Westcott Road. The proposed Westbury Plat has changed this concept and topography would make such a trail ex- tremely difficult. There is no access from Westcott to the parcel it was explained. Jim Curry of Lexington South spoke to the park dedication issue. He said the entire PD covers 1,153 acres and they've agreed to dedicate approximately 145 + acres or 25 acres + over the 10% required. He stated further that 67.5 acres have been dedicated and 73.6 acres remain to be dedicated. Mr. Curry noted that HUD has changed its rules and he can now dedicate all the remaining parkland and get out from under the tax burden that waiting for final plats entails. He too would like to have the West- bury park dedication resolved as it is part of Lexington South PD. Chairman Martin commented that in the early days it was undesirable parcels which were given as park dedication. He said the only purpose for the West- bury Park parcel was a trail and now that purpose is no longer valid. He said the parcel would not be an amenity for the City. Chairman Martin pre- ferred to negotiate for park elsewhere in the PD. Commission member Carroll said a passive park is not needed, but that a ball type park is. He further noted that the Parks Commission has a responsibility to the community resi- dents and the parcel in question is really not usable for active activities. Its value is in open space only. • • Minutes January 5, 1984 Page Three. Jim Curry noted there may be some othersmall areas the City could trade for, but most of the area is spoken for. Parks and Recreation Director Vraa said there is also the question of amount of credit given for the high line trail and ponding credits which should be calculated and applied against the dedications.- Jim edications. Jim Curry and Dave Gabbert stated they want to continue with development this spring, stating they've been held up for months on the project with easement problems. He felt the City was anxious to move on the project and hoped for a decision by the January 17 City Council Meeting. Commission member Thurston agreed that the Commission must address the park dedication for Westbury as well as with the amount of credit to be given for the parcel. She noted the eight acres under discussion did not include the sliver of land owned by Mr. McCarthy which was between Westcott Road and the proposed park. Commission member Carroll thought the City should look for its ten -acre park on the McCarthy property; but he said the City cannot give credit for this parcel and then not accept it. There was considerable discussion regarding the parcel, credits for ponds, language in the PD and alternatives available. After discussion Chairman Martin stated that it appears the Commission's • preference is not to take the parcel for park, but to negotiate elsewhere for a park site. He asked the department staff to study the park dedica- tion,given in the Lexington South PD to see if appropriate credit was given and if total acreage is correct. If the figures are short, he added, the City should be given additional acreage elsewhere. Mr. Curry suggested that the park could be outloted at this time to allow the development process to proceed. This, he said, would still allow the Commission time to decide if it wants the park. Parks Director Vraa said he would like to review the park dedication in more detail with Mr. Curry to see if the 145 acres are adequate. He suggested a special meeting be held before the next regular City Council Meeting. This would allow time to study the issue in more detail to assure that the Council knows exactly where the Advisory Parks and Recreation Commission stands regarding the proposed park dedication. He stated he did not think Mr. Curry should place the parcel in an outl3t pending the park study. Commission member Carroll moved and Fedde seconded to table the Westbury Plat and Lexington South Park dedication to a January 11 meeting. The motion carried unanimously. • Minutes January 5, 1984 Page Four. • OLD BUSINESS A) Park System - Park Finances Parks and Recreation Director Vraa told the Commission that the City Council approved the Task Force concept and will establish the group soon. Director Vraa has reviewed a list of 25 names with City Administrator Hedges and a final list will be presented to the City Council at its January 17 meeting. He went on to review the material in the packet saying that the Phase I - Working Proposal could be equated to a bond issue for $3.2 million and $1 million for Phase II. As for meeting 1990 needs, the City would be somewhat short of soccer, baseball and softball fields. The number of tennis courts and hockey rinks would be adequate. Member Masin questioned the specific action being taken, i.e. the removal of the hockey.facility at Carnelian when it is so heavily used. There was discussion regarding this with the explanation the rink would not be taken out until a replacement was ready. Commission member Kubik reiterated the need to define the Task Force goal - that of financing. He did not•want the park systems plan addressed at all. There was a consensus that what had been prepared could be.presented to the • Task Force for their review. B) Park Names The Park Name Committee Chairman, Richard Carroll, presented the following list of park names to the Commission. The Blue Cross/Blue Shield site was removed from the list. The high line trail was changed to Logger's Trail and Walnut Hill Park was the selected name for Wedgwood Park. The remaining names were accepted as presented (list follows). CURRENTLY KNOWN AS OAK CHASE NORTHVIEW THOMAS LAKE CARMNELIAN CAPRICORN COACIL`UAMN CHES MAR CINNAMMON RIDGE COUNTRY HOME HEIGHT DEBOER DONNYWOOD FISH LAKE HILL TOP PILOT KNOB RIDGE CLIFF WEDGEWOOD RECOMMENDED NAME OAK CHASE PARI: DOWNING ATHLETIC FIELDS T30MAS LAKE CARNELIAN PARK GOAT HILL PARK STONECUTTERS PARK ROBBER'S RAVINE PARK CINNAMON PARK COUNTRY HOME PARK O'LEARY PARK BARLEY CORN PARK FISH LAKE PARK BERRY PATCH PARK PILOT KNOB PARK RIDGECLIFF PARK WALNUT HILL PARK E E • E � rJ Minutes January 5, 1984 Page Five. CURRENTLY KNOWN AS (CONT.) WINDTREE WOODHAVEN MEADOWLANDS HI LINE SCHWANZ LAKE RECO%ffENDED NAME (CONT.) WESCOTT STATION PARK WOODHAVEN PARK MEADOWLAND PARK LOGGERS TRAIL TRAPP FARM PARK Commission member Carroll moved and Jackson seconded to accept the slate of names and recommended Council action for official narae designation of. parks. The motion passed unanimously. ' NEW BUSINESS Meadowlands Park The Director of Parks and Recreation.presented a base map of Meadowlands Park as prepared by Mr. Erkkila. He reminded the Commission that they had requested a training session on the process and issues a Park Planner goes through. The purpose of the base map was for the Commission to now try and "plan" the park. He explained the process to be used and the follow-up session at the next meeting by Mr. Erkkila. Chairman Martin asked to continue with the agenda first and return to this after adjournment. Following adjournment, the Commission met until 11:00 P.M. to go through the "planning" of Meadowlands. Chairman Martin concluded that this was a great learning experience and has already pointed out the number of issues the Planner must consider. OTHER BUSINESS A) Kehne House The Director reported that he had contacted an Eagan resident and architect, Roger Sjobeck, to look over the house and do an independent evaluation. He had met with the Chief Building Official and the Director to review the house plans and problems. He has also visited the house and took several pictures. Mr. Sjobeck will need a few weeks to develop ideas, make cost estimates, etc. for the Kehne House. B) Program Directions The City offices recently vacated at 1795 Pilot Knob Road are being remodeled. Parks Director Vraa suggested that the Commission be thinking of uses for the Community Room with senior citizen programs a definite possibility. This will be an agenda item at the February and March meetings. Minutes January 5, 1984 Page Six. • C) Grant Applications The final grant application for Fish Lake is almost ready. The.Director stated that funding appears very likely for the spring of '84. D) Skating Rinks The skating rinks had to be closed on January 5 and will not be reopened until the weather turns colder and rinks reflooded. E) MEED Intern Director Vraa announced he has a new intern hired under the MEED Program - Jim Sturm, a U Of Minnesota Landscape Architect. He will be with the Parks Department for six months. On a motion by Alt, seconded by McNeely, the official Commission Meeting adjourned at 10:10 P.M.. Dated: • Advisory Parks and Recreation Secretary • SUBJECT TO APPROVAL MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 3, 1984 A regular meeting of the Eagan City Council was held on Tuesday, January 3, 1984 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Public Works Director Colbert, City Planner Runkle, Consulting Engineer Rosene and City Attorney Hauge. KILIIN 4 W I;p'trM 1; City Administrator Tom Hedges gave the oath of office to the newly re- elected councilmembers, including Mayor Bea Blomquist, for a two-year term and Councilman James Smith and Councilman Ted Wachter, .each for four-year terms. Fire Chief Bob Childers also was given the oath of office. AGENDA • Egan moved, Thomas seconded the motion to approve the agenda as prepared. All voted yes. December 15, 1983 _ Special Meeting. Upon motion by Smith, seconded Wachter, it was resolved that the Minutes be approved as distributed. All voted yea. December 20, 1983 _ Regular Meeting. Wachter moved, Egan seconded the motion to approve the minutes with the exception on page 3 relating to Knob Hill Professional Park, that it should be worded "a 1 1/2 inch service will be installed and if a larger service for sprinkling is required in the future, the developer will be requested to install the additional water line." Also, an page 10 regarding Larry Pedersen - The Rental Place, it should be worded "Smith moved, Thomas seconded the motion to approve the application, subject to the following:", and it should be noted all voted yes. All voted yea. December 15, 1983 - Joint Advisory Planning Commission and Council Meeting. Thomas moved, Wachter seconded the motion to approve the minutes. All voted in favor. CONSENT AGENDA • The following consent agenda items were presented to the Council and recommended for approval by the staff: 1 Council Minutes January 3, 1984 • 1. Fish Lake Park Grant Application. On July 7, 1983, the City Council approved the preparation and submission of an application for 1984 LAWCON funds for the development of Fish Lake Park. A resolution has now been prepared authorizing the 'filing of the application and it was recommended the Resolution be approved and also the execution of a Grant Project Agreement to develop open space under the State Natural Resources fund for Fish Lake Park. 2. Used Police Squad Car Sale. Police Chief Jay Berthe recommended the City sell squad car 414 due to high mileage, and that the high quote from Metro Auto Salvage in Lakeville for $1,675.00 be approved. Egan moved, Wachter seconded the motion to approve the consent agenda as presented. All voted in favor. THE RENTAL PLACE - LARRY PEDERSEN - CONDITIONAL USE PERMIT At the regular city council meeting held on December 20, 1983, the Council approved a conditional use permit for outside storage of rental equip- ment located in Lot 1, Block 1, Barton McGray Addition, subject to certain conditions. The applicant was requested to submit additional information, • Including a list as to what would be stored in the outside area of the facility. In a letter from Mr. Pedersen, who was present at the meeting, he indicated that the 400 items could probably be stored very easily and would be equipment which is rented on a regular basis. A detailed diagram of the screening and landscaping was presented and it was noted that approximately 12 additional trees for the area to landscape and screen the storage was pro- posed. After review, Egan moved, Wachter seconded the motion to approve the conditional use permit, subject to the conditions that were imposed at the December 20, 1983 council meeting and further approval of the information submitted by Mr. Pedersen. All voted in favor. WESTBNRY ADDITION - PRELIMINARY PLAT The application of Gabbert Development Co. for preliminary plat approval . of Westbury Addition consisting of approximately 47 acres with i29 single family lots and 28 twinhome lots was again presented to the Council. A public hearing was held by the Planning Commission at its November 22, 1983 meeting and the City Council considered the plat at its December 20, 1983 meeting. The Council asked for additional information and both Mr. Hedges and Mr. Runkle reviewed the changes being proposed by the applicant. Mr. Runkle stated that the minimum single family lot width now would be 65 feet at the front setback line, there would be 110 single family dwell -Ings, a reduction of 15, and'36'duplex units. The minimum single family lot size would be 9,000 square feet as opposed to 7,500 square feet minimum under the original plan. The 58.7 a:re parcel would include 11.9 acres of road right-of-way and 8.3 • acres of park with a net acreage of 38.5 acres. It would result in 3.79 net 2 Council Minutes • January 3, 1984 units per acre, excluding the road and the proposed park and 2.48 gross units per acre. Mr. Gabbert was present as was the landowner, Jim Curry. Mr. Gabbert indicated in reducing the number of lots, that the price per lot would then increase about $2,500.00 minimum per lot. He showed a rough rendering of a proposed alternate which would include multi -family use reflecting 270 units, which appeared to indicate approximately 7.units per gross acre, which would exceed the 3 to 6 units per acre under the R -II land use designation. There was discussion concerning the access to the west and Mr. Gabbert stated that negotiations have been taking place with the attorney for the McCarthy family for access to Wescott Road farther west. Councilman Egan stated that a decision would have to be made by the Council as to whether it would accept smaller single family lots where the development is not surrounded by other existing development, whether deviations should be allowed in a self -standing development, other than intended as a buffer, whether it should allow the terrain to be possibly more adversely affected than if higher density twin home lots were to be utilized. • City Administrator Hedges gave a rough sampling of the small -lot inven- tory in the City, with the inventory indicating that about 784 small lots under 12,000 square feet have been approved, and that about 109 duplex lots under 15,000 square feet.After considerable discussion, Thomas moved, Smith seconded the motion to approve the application, subject to the recommendations of the Advisory Planning Commission with the exception of condition No. 10 relating to access to the McCarthy property to the west from the bubble on the westerly north -south internal street, which would be excluded. Councilman Egan asked whether the number of low income and moderate income undersized lots is already excessive and also questioned whether the outlot designated for park property should be accepted by the City. There was concern by the Councilmembers that the proposed park was not usable park land and that the Park Committee may not have use for it. In addition, there would be no direct access to the property as proposed. Councilmembers questioned whether the City was required to accept it under the Planned Development Agreement. Those in favor of the motion were Thomas and Smith; those against were Egan, Blom- quist and Wachter. Blomquist then moved to continue consideration of the application until the Advisory Park Commission has submitted a recommendation as to utilization of the park, noting the lack of access and the fact that land directly to the west is not proposed to be acquired for park purposes. Egan seconded the motion, and all voted in favor. • 3 Council Minutes January 3, 1984 • CITY CODE UPDATE Mr. Hedges reviewed with the Council several proposed ordinance amend- ments and revisions that are in the process of being updated within the City Code. He stated that a meeting has now been scheduled with staff members and Roger Jensen for January 10, 1984 to review some changes, including dangerous weapons and articles, a revised curfew ordinance, a proposed Eagan alarm ordinance, an ordinance dealing with day care facilities, subdivision require- ments and miscellaneous others. The accessory housing ordinance and status offenses including loitering were discussed by the Council. Egan moved, Wachter seconded the motion to direct the City Administrator to proceed with the annual review of the ordinances with final amendments to be submitted to the City Council for approval. All voted in favor. PROJECT 883-I - NORWEST UTILITIES The utilities for the Norwest Bank site at Pilot Knob and Yankee Doodle Roads have now been completed and staff recommended approval of the project. Upon motion by Thomas, seconded Wachter,.it.was resolved that the Council accept the utilities installed on Project 483-I for perpetual maintenance. • All voted yes. PROJECT 482-E - OAKWOOD HEIGHTS ADDITION The utilities installed for the Oakwood Heights Addition project have been completed by the developer and have been tested and inspected and the staff recommended that the council accept the utilities under the project for perpetual maintenance. Upon motion by Wachter, seconded Thomas, it was re- solved that the recommendation of the staff be approved and implemented. All voted yea. PUBLIC OFFICIALS' LIABILITY INSURANCE Mr. Hedges stated that a request for bids was submitted to several insur- ance companies for public officials' liability insurance and they have not all been returned. He recommended the Council continue consideration to the next regular meeting. Smith moved, Thomas seconded the motion to continue the discussion until the next meeting in January of 1984. All voted in favor. NEW CITY HALL OPEN HOUSE Councilmembers discussed several alternate dates for an open house for the City Hall, noting that the landscape screens will not be received until • early February. Sunday, February 5, 1984 from 1:00 p.m. to 3:00 p.m. was selected as the date for the Open House. 4 Council Minutes • January 3, 1984 SPECIAL CITY COUNCIL MEETING A special City Council meeting was scheduled for January 10, 1984 at 7:00 p.m. to interview applicants for the Advisory Park Commission and Advisory Planning Commission. :11 The Councilmembers acting as the ,Eagan Housing and Redevelopment Author- ity upon motion by Smith, seconded Egan scheduled a special meeting of the Eagan HRA for February 7, 1984 at 6:30 p.m. regarding the comments received relating to the race facility tax increment financing. All voted in favor. It was understood that the City Council will convene immediately following the adjournment of the HAA meeting. JOINT CITY LOBBYING CONFERENCE The City Administrator discussed with the 'Council the, fact that the • Council had budgeted for lobbying efforts in the Minnesota Legislature, within the area of local government aid. He indicated that meetings had been held with managers and administrators from approximately 10 to 12 suburban com- munities, and proposed a Joint Powers Agreement regarding lobbying efforts for LGA. There was also discussion concerning the Fiscal Disparities Act and it was noted that -the same communities may not have similar interests regarding both issues. Councilmembers indicated that. they would be interested only in lobbying efforts regarding local government aid and upon motion by Smith, seconded Egan, it was resolved that the City Administrator be authorized to continue disussion with the suburban communities and to present a Joint Powers Agreement proposal to the City Council at a later time. All voted in favor. , ,�i • ;ice:�,�w Upon motion duly made and seconded,. the meeting adjourned at 9:40 p.m. City Clerk 5 PHH J 0 ADMINISTRATIVE AGENDA EAGAN CITY COUNCIL REGULAR MEETING JANUARY 17, 1984 CITY ATTORNEY CITY ADMINISTRATOR 1. Cable Television Update 2. Open House 2-5-84 3. Municipal Center Plaque DIRECTOR OF PUBLIC WORKS 1. Procedure for Requesting Speed Limit Studies 191 • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 16, 1984 SUBJECT: ADMINISTRATIVE AGENDA The following items are considered for the Administrative Agenda: CITY ATTORNEY There are no items to be considered under City Attorney at this time. CITY ADMINISTRATOR 1. Cable Television Update -- Group W is proposing to change the original construction intent to build a headend in the central part of Eagan and a hub someplace in Burnsville. Group W is proposing to consolidate the headend and hub to a single headend hub location • on the approximate corporate boundary of Burnsville and Eagan some- where in the Cedar Avenue corridor area. City Councilmember Smith and City Administrator Hedges would like to discuss this change with the City Council before the joint commission proceeds any far- ther with this matter. It will be explained as to how the commis- sion plans to evaluate the changes that are proposed by Group W and also what impact this change would have on the original con- struction schedule. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize, at least in concept, approval or disapproval for the joint Burnsville/Eagan Cable Commission to study and evaluate a single headend as proposed by Group W. 2. Open House, 2-5-84 -- The City Administrator would like to briefly outline the plans for the Open House on February 5, 1984 and would welcome any input the City Council might have and any additional provisions they might desire for that occasion. 3. Municipal Center Plaque -- Apparently, the plans and specifica- tions did not provide for a plaque dedicating the new Municipal Center. It is recommended that a plaque consistent with the plaque recognizing the Police Department building and also the dedication of the flag pole be ordered through St. Paul Stamp Works, Inc., for later mounting in the entry of the new Municipal Building. •The cost is estimated at $700 for this plaque. The City Administra- tor has a copy of the plaque that was prepared for the Police De- partment Building that will be available for review if desired at the meeting on Tuesday. There is no formal action required on this item. 19 91. Administrative Agenda Information Memo • January 17, 1984 Meeting Page Two • 11 DIRECTOR OF PUBLIC. WORKS 1. Procedure for Requesting Speed Limit Studies -- The Public Works Director has received a telephone request from a future resident regarding concern pertaining to the speed limit on Cliff Road adjacent to the Parkcliff subdivision. This citizen was directed to the Dakota County Traffic Engineer who referred it back to the City for their policy. It appears that the County will only perform speed studies on County Roads if formally requested to do so through a Council resolution. Therefore, the Director of Public Works would like to receive some guidelines from the Council as to what imput they would like to have before they will consider processing a formal resolution requesting speed studies on County roads. Some alternatives can be in response to a single complaint, receipt of a petition with a designated minimum number of signatures, etc. ACTION TO BE CONSIDERED ON THIS ITEM: To establish a policy for consideration for review of speed limits on County roads. 193 SUBJECT TO APPROVAL H3NUTES OF1 A REGULAR MEETING OF THE EAGANI CITY Comm RAGAN, MINNESOTA JANUARY 17, 198$ A regular meeting of the Eagan City Council was held on Tuesday, January 17, 1984 at 5:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and City �Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Consulting Engineer Rosene, City Planner Runkle, Public Works Director Colbert and City Attorney Hauge. AGENDA Egan moved, Wachter seconded the motion to approve the agenda as pre- sented. All voted yes. MINUT63 I January 3, 1984 - Regular Meeting. Wachter moved, Egan seconded the motion to approve the Minutes. All voted in favor. • DEPARTHEN P READ BUSINESS There were no items designated under Department Head Business. AGENDA Mr. Colbert discussed Project 0349 concerning the feasibility report for the Blue Gentian Road area, and Project ¢372 regarding the feasibility report for I -35E utility crossings and streets, with the,Counc11members. He recom- mended that the feasibility reports be received and the public hearings be scheduled, although federal funding has not been completed by the Minnesota Department of Transportation. However, MnDOT is committing state funding and indicated that on February 24, 1984 the advertisement for bids will be placed by MnDOT to be opened on April 1, 1984. He explained the participation in the projects by the City of Eagan proposed for street and utility projects and the need to acquire Council direction concerning assessments. There was discus- sion concerning the policy regarding residential, commercial and industrial equivalent assessments and it was recommended the City treat owners basically equal for comparable improvements. The following consent agenda items were recommended for approval by the staff: I 1. Contractors' Licenses. It was recommended that the Council continue 0 the consideration of'contractors' licenses until February 7, 1984. Council Minutes January 17, 1984 2. Elizabeth Witt _ Deputy City Clerk. It was recommended that Eliza- beth Witt be designated as Deputy City Clerk since the Administrative Assis- tant's position in Finance will be assuming Deputy City Clerk responsiblities. It was also recommended that Loreen Lee be removed as Deputy City .Clerk as part of the reorganization in Administration and Finance. 3. Personnel Matters. It was recommended the following persons be considered for the respective positions: Judy Jenkins and Karen Finnegan be recognized as full time permanent instead of full time temporary, each working 20 hours per week; Holly Duffy be selected to fill the Administrative Assis- tant's position within Administration; Liz Witt selected to fill the Admini- strative Assistant position in Finance; James L. Sturm be selected under the MEED program as a landscape architect/planner to work in the Park Department for the duration of the MEED program, which is 6 months; that Marilyn Wucherpfennig be hired in the position of Receptionist/Clerk Typist. • 4. R. C. Dick's Foods - Off Sale Non -Intoxicating Liquor License. It was recommended that the transfer of the off -sale non -intoxicating malt liquor license to R. C. Dick's Foods (formerly Applebaums) be approved. • 5. I -35E Utility Crossings, Feasibility Report _ Project 0372. It was recommended the feasibility report for Project 0372 consisting of utility crossings and street for I -35E be accepted and that a public hearing be scheduled for 7:00 p.m. on February 21, 1984 at the City Hall. 6.. Blue Gentian Road - Streets - Project 0149_ It was recommended the feasibility report for Project 0349 consisting of street improvements for Blue Gentian Road be received by the Council and that a public hearing be scheduled at the City Hall for 7:00 p.m. on February 21, 1984. 7. Lexington Avenue - Street Vacation. A petition has been received from a property owner requesting the existing alignment of old Lexington Avenue south of County Road 030 be vacated in conformance with the approved preliminary plat of Kensington Place. It was recommended that the Petition be received and that the public hearing be scheduled for the street vacation for old Lexington Avenue for 7:00 p.m. on February 7, 1984 at the City Hall. Upon motion by Wachter, seconded Egan, it was resolved that the foregoing consent agenda items be approved as recommended. All voted in favor. • 2 • Council Minutes January 17, 1984 a ALIOUIST LABS - PUBLIC HEARING - PROJECT 0393 The Mayor then convened .the public hearing concerning Project #393 re- garding trunk storm isewer outlet to Almquist Lake. Mr. Colbert introduced the project and Consulting Engineer Bob Rosene reviewed the report in some detail. He indicated the only need is to add two pumps, noting that the building and the storm sewer pipe had already been installed. Several neighboring owners appeared with questions and it was noted that no new building will be planned. There was concern primarily about the gravel access road to be installed and requested the gravel road be eliminated, if possible. The concern was that public access to the pond would be used by people in the area. Mr. Colbert explained the need for routine maintenance and recommended the gravel base road be installed to handle necessary equipment for maintenance purposes. He stated that there would be a gate at Covington Lane and recommended there be no change in the plans. ,After discussion, Wachter moved, Smith seconded the motion to close the hearing, to order in the project and to order the plans and specifications. All 'voted in favor. PROJECT 037- CEDARVALE 2ND ADDITION S 3 TREET & STORM SEWER NEARING • The next public I hearing convened by Mayor Bea Blomquist concerned Project #373 regarding streets and storm sewer improvements in Cedarvale 2nd Addition. On December 6, 1983 the City Council received the feasibility report after having the consulting engineers and the public works department study the project for many months., Mr. Rosene and Mr. Colbert reviewed the project and stated that many meetings have been held with affected• property owners, noting that Perkins and Rax had originally asked for changes in the street alignment, including storm sewer with proposed access directly to Cedarvale Blvd. The owners of the Mister; Donut Restaurant requested there be no change in access but only upgrading the access locations. Several alternates were also shown graphically and it was noted that cost estimates are available for each. Mark Koob of Minnesota Federal appeared and objected to sharing in costs for street improvements along Country Club Market. There was considerable discussion concerning various alternates and Councilmembers generally recommended that the entire frontage area from Silver Bell Road to Rahn Road be improved. Greg Blaufuss of Perkins Restaurants, stated that Perkins is anxious to have the City approve the project and commence the work. There were questions con- cerning whether the Rax and Perkins owners should help pay for the public street and it was noted that the liability issues and adequate access for each of the businesses were issues that should be further studied. Blomquist moved, Smith seconded the motion to continue, the hearing until a further meeting and to invite all affected property owners to a Council workshop session to discuss the various alternates. Dick Stryker also was present and stated he did not object to the upgrading of the public street. All voted in favor. r 1 U r Council Minutes January 17, 1984 • LIQUOR LICENSE POLICY CHANGE Mr. Hedges stated that a request from the two licensees holding the inoperative licenses have been contacted concerning the proposed liquor license policy change and responses have not been received. He recommended continuance. Smith moved, Thomas seconded. the motion to continue the request for off -sale liquor license policy change and also the application 'of Perrier h Associates, Inc. for off -sale liquor license in Hilltop Plaza until the February.7, 1984 regular meeting. All voted in favor. LEXINGTON SOUTH PARKLAND DEDICATION - The Advisory Parks and Recreation Commission reviewed proposed Lexington South Planned Unit Development parkland dedication in some detail at its meeting on January 5, 1984 and also a specialmeeting on January 10, 1984. Jim Curry was present at the current meeting and Park Director Ren Vraa reviewed with the Council proposed locations for parks proposed to be dedi- cated by Mr. Curry in the Lexington South PUD to fulfill all park dedication requirements. Proposed land to be dedicated would consist of 102.1 acres after the application of credits, noting 115.3 acres would be required with • 13.1 acre deficiency including a 1.4 acre 0utlot sought for Capricorn Park with 142 gross acres initially shown on the PUD for dedication of park. It was also proposed to spread park contribution in the commercial area, at the rate of $1,000.00 per acre, noting there are about 160 acres in the commercial area with a 10% escalator clause annually, which contributions would be made at -the time of grant of building permits for each commercial building, according to City policy. Mr. Curry agreed with the proposal of the APRC and also stated that he would gift approximately 8 acres in the proposed Westbury plat without cost or park credit. After extensive discussion, Thomas moved, Egan seconded the motion to accept the recommendations of the Advisory Park and Recreation Commission as far as -park land dedication within the Lexington South PUD and that the staff -and the developers proceed to complete the dedication of land, if possible during 1964. All voted in favor. i The next matter considered by the Council was the application of;Gabbert Development Co, for preliminary plat approval of Westbury Addition consisting of 47 acres and containing 129 single family lots and 28 twin -home lots. Mr. Gabbert briefly reviewed the proposal made at the regular meeting of January 3, 1984 and stated that the developer and owner would give the Council an -option whether to accept the proposed park land for park or to continue the lot lines of,the-single family lots to the west property lines. It would make" a reduction in density from 3.79 units per acre to 3.1 units per acre if the .property is not dedicated as park land. Councilman Wachter was concerned • 4 Council Minutes January 17, 1984 A about the liability and maintenance responsibilities if the property.is deeded and therefore, stated that because it is not intended to be part of the park program, he recommended against acceptance of the dedication. Councilman Smith favored accepting the property for long-term benefit. Wachter then moved to approve the application for preliminary plat approval, subject to the Advisory Planning Commission recommendations, but that the park not be accepted by the City. There was no second and the motion died. Mr. Vraa suggested that if the property is accepted, it be accepted as open space and not as park land. Councilman Egan stated that he felt that the increase in the lot value would be nominal and that the increase in the tax base would be very small if the property is not accepted for open space. Smith then moved, Thomas seconded the motion to approve the application for preliminary plat and accept the land as open space, without cost to the City, or park credit to the developer, including,the following conditions: 1. That an easement or title transfer of a parcel up to 20 foot wide be dedicated to the City of Eagan for access to the open space property at such location designated by the City staff. 2. The plat shall be subject to Dakota- County Plat Commission review • since it abuts on a County Road (Lexington Avenue). 3. A homeowners association shall be organized for the twin homes. Bylaws and restrictions shall be submitted and shall be reviewed and approved by the City prior to the approval of a final plat. 4. All buildings and garages shall meet .the minimum setback require- ments established in Chapter 11•of the Eagan City Code. 5. The developer shall be required to construct an eight -foot asphalt trail, to ,the minimum specifications approved by the City Engineer, along Lexington Avenue. The developer shall also be required to provide the neces- sary 10 foot right-of-way for the development of a trial. 6. . A detailed landscape plan shall be prepared for those lots which back upon Wescott Road and Lexington Avenue in order to provide a rear yard screen. This landscape plan shall be submitted for staff review with the final plat and approved. by the City Council with the approval of the final plat. 7. If the applicant requests a model home and/or sales office, it shall be approved by the City with the approval of the final plat. 8. An architectural review board shall be organized by the developer and shall assure that an architectural theme be complied with. is 9. No additional variances will be allowed other than those authorized under the application for lot sizes and widths. 5 Council Minutes January 17, 1984 • 10. Any costs incurred due to the necessity of the relocation of the Williams Brothers pipeline under the Wescott Road access shall be the sole responsibility of this development. 11. A 55 foot half right-of-way shall be dedicatd for Lexington Avenue. 12. All internal easements. shall be dedicated in accordance with staff recommendation. 13. This development shall be responsible for the trunk area storm sewer assessments at the rate in effect at the time of final plat approval. 14. All costs associated with the internal streets and utilities shall be the sole responsibility of this development: 15. The developer shall pursue acquisition of the 10 -foot strip along Wescott Road to move the access road to Wescott further west than proposed. 16. Lot sizes will conform to the preliminary plat as proposed with the exception of necessary lot changes due to road -installation. All voted in favor except Wachter who voted no. • NAEGELE OUTDOOR ADVERTISING - CONDITIONAL USE PERMIT An application from Naegele Outdoor Advertising Co. for conditional use permit for advertising sign located in the southwest quadrant of Nicols Road and railroad right-of-way on Trunk Highway 077 was then considered by the Council. It was noted that an application by National Advertising Co. for an advertising sign near the same location was denied at the Council meeting on Decemebr 20, 1983 and the present application has been continued several times since late summer 1983. The Advisory Planning Commission recommended denial. Mr. Runkle reviewed the application and a representative of Naegele was present to answer questions. Discussion primarily dealt with size and height, noting that the height proposed extends 19 feet above the roadway level and 50 feet above the lot level with the proposed sign 468 square feet which would require approval by the City Council when on a limited access highway. After discussion, Smith moved, Thomas seconded the motion to approve the applica- tion, including the proposed size at 468 feet and the height of the sign 50 feet above the lot level, with the understanding that the existing Naegele sign on old Cedar Ave. be removed at the railroad right-of-way and further, subject to all other sign ordinance requirements. Those in favor were Smith, Thomas and Egan. Those against were Blomquist and Wachter, with Councilman Wachter indicating that the advertising sign would create a blight within the -- Minnesota Valley area entering Eagan. • N Council Minutes • January 17, 1984 NARGELE OUTDOOR ADVERTISING CO. - CONDITIONAL 0SE'PBRlIIT APPLICATION An application by Naegele Outdoor Advertising Co. for a 360 square foot sign with extenders on the northwesterly access road of Highway 013 and Trunk Highway 077 was considered by the Council. A representative, from Naegele was present and It was noted" that the sign appeared to comply with City ordinances except for the sign square footage. It was further noted that the ramp was on a limited access road and the representative indicated that the objective is for a standardized sign for advertising purposes. The location will be on the Sill Addition industrially zoned property and it was noted that the sign must be removed at the time of the sale or development, according to the lease. Smith moved, Egan seconded the motion to approve subject to the following: 1. The sign will be removed upon sale or development of any of the Michael Sill Addition property. 2. The sign shall not exceed 372 square feet plus extensions for a maximum of 450 square feet. 3• Subject to all other sign ordinance requirements. is Those in favor were Egan, Smith and Thomas. Against were Wachter and Blomquist. ORGANIZATIONAL BUSINESS FOR 1984 1. Acting Mayor. Councilman James Smith was reappointed by the Mayor as the acting Mayor for the City of Eagan for the year 1984. 2. Legal Newspaper. Wachter moved, Egan seconded the motion to desig- nate the Dakota County Tribune as the legal newspaper for 1984, noting the Chronicle has terminated legal notice publications. The Tribune publishers have indicated that the Eagan This Week will include the legal notifications also, even though it is not eligible as a legal newspaper. All voted in favor. 3. Depositories. Smith moved, Thomas seconded the motion to retain the same depositories according to the schedule that is attached to the packet with the understanding that the City Administrator. will present information to the Council at a later time concerning RFPs for the general depository. All voted yea. 4. Posting Place. Egan moved, Wachter seconded the motion to designate the Eagan Municipal Center and the legal newspaper as the official posting places with the understanding that notice will also be posted in the Police • Department lobby, unofficially. All voted yes. 7 Council Minutes January 17, 1984 5. Advisory Planning Commission Appointments. The following persons have indicated an interest in becoming members of the Planning Commission in addition to Charles Hall and Garrett Mulrooney who have applied for reappoint- ment. They include Vic Ellison, Scott Merkley, Roy Taylor and James D. Wannigman. Upon secret ballot, Charles Hall and Garrett Mulrooney were elected for three year terms and Scott Merkley as an alternate for one year. 6. Advisory Park and Recreation Commission Appointments. It was noted there are three openings for three year terms and those reapplying for a membership are Mike Fedde, Roger Martin and Sandra Masin. New applicants were Tom Ketchum, Thomas R. Parker and David Reilly. Those elected were Tom Ketchum, Sandra Masin and Roger Martin. • 7. Park and Recreation Commission Task Force. At a special joint meeting of the City Council and -the APRC of November 22, 1983, it was recom- mended that the special citizens task force be developed to review the working proposal of the APRC in anticipation of the park bond referendum. On December 6, 1983, the task force was established and 21 persons have been nominated to the task force. The names. were reviewed by Councilmembers and Egan moved, Wachter seconded the motion to appoint the 21 persons and further, that Park Committee members and Planning Commission members be invited to join the task • force. All voted in favor. 8. Air Traffic Noise Committee. A committee has been designated by the City Council to study the impact of noise on the City residents and businesses and to make recommendations to the City Council for methods to alleviate excessive air noise. Those expressing an interest were Tom Baker, Don Giblin, John Gustin, Joe Harrison, Bart Schmidt, Roger Sperling, Dick Victor and Bob Swenson. Wachter moved, Smith seconded the motion to appoint the foregoing persons subject to acceptance by each of them. All voted in favor. 9. Assessment Committee. It was noted that Art Rahn has resigned as a member of the Assessment Committee. Blomquist moved, Egan seconded the motion to accept the resignation of Rahn and to appoint Don Knight, Dale Vogt, Mayor Blomquist, Councilmember Egan, or Advisory Planning Commission member desig- nated by the Commission, and in addition, Bill Rydrich as a member of the Assessment Committee. All voted in favor. It was also suggested that a member of the Park Committee be invited to join the Assessment Committee. 10. Health Officer. Dr. Arthur Wineman of the Cedarvale Medical Clnic has been contacted and agreed to serve as Health Officer for the City for 1984. Upon motion by Smith, seconded Wachter, it was resolved that Dr. Wineman be so selected. All voted in ,favor. 11. City Council Meetings. Upon motion by Egan, seconded Thomas, it was resolved that the City Council meet regularly on the 1st and 3rd Tuesday of • each month at 6:30 p.m. at the Eagan City Municipal Center. All voted yea. V Council Minutes • January 17, 1984 -sus;!�a..t r•e.o J 12. Committee Appointments. Mayor Blomquist appointed the following persons to the committees designated: Personnel Committee - Councilman Ted Wachter. and Councilman Jerry Thomas with Jerry Thomas as Chairman. Finance Committee - Councilman Smith and Mayor Blomquist as Councilman Smith as Chairman. Community Development & Public .Relations Committee - Council - members recommended and the Mayor designated the Committee as Liaison to the Star City Program committee with Councilman Smith as Chairman. Public Works Committee - Councilman Thomas and Councilman Egan with Councilman Egan as Chairman for 1984. APRC Liaison - Councilman Thomas was reappointed as the Liaison to the Park Commission. Advisory Planning Commission Liaison - Councilman Egan was reappointed as the Liaison from the Council. • 13• Fiscal Consultant. Upon motion by Smith, seconded Egan, It was resolved that Miller & Schroeder Municipals be appointed as the Eagan Fiscal Consultant for 1984. All voted yea. 14. Legal Consultant. Egan moved, Wachter seconded the motion that the firm of Paul Hauge & Associates be reappointed as the legal consultants for the City for the year 1984, with the schedule of proposed legal fees approved as submitted. All voted in favor. 15. Parks Planning.Consultant. Smith moved, Egan seconded the motion that the firm of Urban Planning & Design was appointed according to the fee schedule submitted as the planning consultant for 1984 and the firm of Erkkila & Associates as Park Planning Consultants for 1984.' All voted yea. A. J. ADDITION - PRELIM7AARY PLAT The application of Tri -Land Company, Inc. and Bradley Swenson for pre- liminary plat approval of A. J. Addition containing two single family lots was next reviewed by the Council. Mr. Runkle reviewed the background, noting that an application for approval of the preliminary plat had been submitted in August of 1983 and was denied, based on health and safety factors. The change was from 3 to 2 single family lots, with access -for one lot to Lone Oak Road and one to Eagan Avenue. The Advisory Planning Commission made no recommenda- tion due to a 3 - 3 vote. There were no objections at the present time and • Mr. Swenson was present to answer questions. Smith moved, Thomas seconded .the motion to approve the application, subject to the following recommendations: 7 Council Minutes January 17, 1984 1. The plat shall be subject to the Park Commission's review and com- ment for the newly created lot. 2. A development agreement shall be entered into and signed by the applicant prior to final plat approval. 3. The plat shall be subject to Dakota County Plat Commission's review and comment because the. plat abuts County Road 26 (Lone Oak Road). 4. Cross easements shall be established for the common entrance for Lots 1 and 2, and only one access shall be allowed. 5. All other City ordinances shall be complied with. 6. A detailed grading and erosion control plan shall be submitted for approval by the Engineering Department. • 7. If installed privately, the plans and specifications for utility service connections shall be prepared by a registered engineer and submitted to.the Engineering Department for approval. 8. A 50 foot half right-of-way shall be dedicated for Lone Oak Road • (County Road 26) for public right-of-way. 9. Easements shall be dedicated as recommended by City staff. 10. water area, sanitary sewer area, and lateral benefit from trunk water main (to the extent it applies) shall be the responsibility of this development. 11. All costs for utility installation, grading, etc. shall be the sole responsibility of this proposed development. All voted yes, except Councilman Egan abstaining. BERKSHIRE PONDS - PRELIMINARY PLAT The application of Derrick Land Company for rezoning from A (Agricul- tural) to R-1 Planned Development to allow for deviation from the R-1 zoning district lot sizes and lot width requirements and preliminary plat approval of Berkshire Ponds containing 26.95 acres with 73 single family lots was pre- sented to the Council. The Advisory Planning Commission on December 15, 1983 recommended approval of both applications, subject to conditions. Mr. Runkle reviewed the background and also the action of the Park Committee recommending its acceptance of land for proposed park purposes. He noted there were two • changes in the recommendations from the original proposal in that now the lots 10 Council Minutes • January 17, 1984 r have a minimum 65 foot lot width at the 30 foot setback and turn arounds have now been provided on all lots fronting on Galaxie Avenue. Dave Sellergren, attorney, appeared for the applicant and noted that access could be acquired .directly north to the land zoned RB. He also reviewed.a letter that he had submitted dated January 10, 1984 arguing that the site is isolated from the standard single family lot developments, that the proposal is better adapted to the physical setting and the'surrounding lands, it is located between a community collector street and 1-35E and .that the smaller lots are consistent with the needs of potential home buyers. He recommended that the City accept the open area for park purposes and noted that if the area was not accepted that the lot lines would be extended to the westerly boundary line. Council- man Wachter was concerned about the undersized lots and Councilmembers generally opposed taking the land for park purposes according to the APRC recommendation. They discussed the possible alternate of a homeowners asso- ciation to maintain the open space. Smith moved, Thomas seconded the motion to rezone the property to R-1 Planned Development. There was discussion concerning a housing density study prepared by intern Ed Meister dated January 1984. Councilman Egan recommended reviewing the housing, section of the Com- prehensive Guide periodically and that .the housing density report be reviewed in detail. All voted in favor. Smith then moved, .Thomas seconded the motion • to approve the application for preliminary plat approval, subject to the following conditions: 1. The City shall not accept the proposed land for park purposes, but recommended that a homeowners association be considered to own and maintain the proposed open space. 2. A planned development agreement shall be executed in accordance with the specific plan approved by the Advisory Planning Commission and City Council. 3• Deviations from lot size for R-1 shall be allowed in accordance with this specific plan. 4. The plat shall be reviewed by the Minnesota Department of Transpor- tation because the plat abuts State rights-of-way. 5. All lots shall contain a minimum of 65 foot lot widths at the 30 foot setback. 6. The detailed grading and house elevation exhibit shall be amended to include the type of unit being proposed on the lots. This exhibit shall be submitted prior to final plat application. (No other ordinance deviations shall be allowed). • 7. A detailed grading and erosion control plan shall be submitted for approval incorporating additional grading required to incorporate the storage volume in Pond AP -16 lost to the proposed grading. 11 Council Minutes January 17, 1984 • 8. An approved method of interconnecting the two ponds incorporating Pond AP -16 shall be determined. 9. If installed privately, plans and specifications for internal streets and utilities shall be prepared by a registered engineer in accordance with City standards and submitted to the Engineering Department for approval. 10. Access to Galaxie Drive shall be allowed for three lots with no building permit to be allowed without ability for automobile turn around. 11. The north -south dead-end street shall be eliminated and replaced with a cul-de-sac. 12. Ponding easements incorporating the high water elevation of Pond AP - 16 shall be dedicated as a part of this plat. 13. All internal easements shall be dedicated as required by staff. 14. The southerly east -west publicly -dedicated right-of-way shall be 60 feet. 15. Adequate right-of-way for Galaxie Avenue shall be dedicatd to pro- • vide a 50 foot half right-of-way. 16. This development shall accept its responsibility for trunk area storm sewer assessments at the rate in affect at the tme of final plat approval. . 17. The cost of providing all internal utilities and streets shall be the sole responsibility of this development.. All voted yea. laA J71T!Sakti:��:T:Tya7Fild:[h:�'I:i+?r"�iri�i�7:1�] The application of Jeffrey and Diane Kemp for 20 foot side setback variance to the 50 foot requirement along Wescott Road for single family home was presented to the Council. The -lot was Lot 1, Block 3, Drexel Heights Addition and it was noted by Mr. Runkle that an approximately 20 foot gap, due to the section line separation along Wescott Road increased the distance from the road right-of-way for the proposed house. Mr. and Mrs. Kemp were present and explained the terrain features of the property and the reason for their request. Wachter moved, Egan seconded the motion to approve, noting the hardship and special circumstances involved, subject to the following: 1. A minimum of 30 feet shall be maintained from the southerly property • line. 12 Council Minutes • January 17, 1984 I 2. All other required ordinances be adhered to. All voted in favor. MUNICIPAL CENTER CHARGE 0RDE_RS AND FINAL PEES Tom Hedges reviewed with the Council the proposed final change orders for the Municipal Center, including emergency lighting and elevator equipment room. Also, Jack Boarman was present and requested approval of the final architects fee which had now been compromised in some detail with the City Administrator and the City Adinistrator recommended approval. Smith moved, Egan seconded the motion to approve Change Orders 03 and U4 and to approve the final architectural fees. All voted yes. PUBLIC .OFFICIALS LIABILITY INSURANCE • It was noted that .the renewal premiums recommended by Unimark for public officials' liability insurance reflected a 42% increase and, therefore, the Finance Director and City Administrator recommended new quotes for the insur- ance. Bruce Medvec, the agent of record, has now received quotes from St. Paul Surplus Lines Insurance Company and L. W. Biegler Company of Chicago representing International Surplus Lines Insurance Company. The L. W. Biegler bid was for $9,300.00 for a three-year period and was recommended for approval. Wachter moved, Thomas seconded the motion to accept the recommenda- tion of the staff and Mr. Medvec and award the insurance contract to L. W. Biegler Company. All voted yes. • JOINT POKERS AGREEMENT - DEVELOPMENT OF•LEGISLATIVE PROGRAM The City Council had authorized the concept of entering into a. joint powers agreement to hire a lobbyist with several other metropolitan suburbs and City Administrator Tom Hedges has met with representatives of several suburban communities. Interviews have been held with bidders for the lobbying position and he recommended that a one year Joint Cooperative Agreement with the metropolitan suburbs be entered into and the Mayor and Clerk be authorized to execute the Agreement. Egan moved, Wachter seconded the motion to approve the recommendation. All voted in favor. 13 Council Minutes January 17, 1984 E NON -MON CUFMWSATION FOR 1984 It was proposed that all non-union personnel receive a 4.5% increase in salary for 1984 and that the City qualify an IRS program to allow certain tax consideration 'for employee amounts contributed and payment for insurance premiums. Upon motion by Smith, seconded Thomas, it was resolved that the recommendation be approved and to authorize the City Administrator to prepare a request for proposal and to authorize an IRS ruling to allow before -tax adjustment for insurance contributions for such employees, and further to authorize the City Administrator to prepare a request for proposal and solicit quotes from reputable firms offering analysis work and salary compensation studies. All voted yea. 1984 POLICE ASSOCIATION CONTRACT The Police Association has agreed to a one-year contract totaling approximately 4.5% and the City Administrator recommended approval. Upon motion by Wachter, seconded Thomas, it was resolved that the recommendation and the contract be approved. All voted yes. • LONE OAK TREE The City Administrator and Parks Director have discussed with Kent Nerburn, 2650 Irving Ave. North, Minneapolis, Mr. Nerburn's proposal to pre- serve a portion of the Lone Oak Tree for the preparation of a sculpture for the City. Information concerning Mr. Nerburn's qualifications had been dis- tributed to the Council and councilmembers concerns, included primarily the proposed cost. Mr. Hedges was asked to contact Mr. Nerburn and acquire further information, particularly regarding cost of such a project. BOOSTER STATION d, RESERVOIR LAND ACQUISITION LEXINGTON SOUTH Negotiations have taken place between the staff and Jim Curry of Lexing- ton South concerning the purchase by the City of a 1.5 acre parcel for a water booster station reservoir on Lexington Avenue north of Diffley Road. The Public Works Director and Consulting Engineer recommended approval of the property to be purchased at $22,000.00 per acre or $33,000.00 for 1.5 acres. There was discussion concerning payment of 1984 taxes and the existing assess- ments totaling about $2,000.00. Mr. Curry was present and after discussion, Smith moved, Thomas seconded the motion to approve the authorization for acquisition of the property with the understanding that the real estate taxes for 1984 and all special existing, pending and levied assessments against the property be paid one-half by the City and one-half by the seller, and further • that 1.5 acres be acquired for the 'sum of '$33,000.00. All voted yes. 14 Council Minutes • January 17, 1984 AMM LEGISLATIVE POLICIES The AMM Legislative Policies had been distributed to members of the City Council and it was recommended that they be approved subject to comments from councilmembers. It was recommended.thata redefinition of urban district for purposes of setting the speed limits be reviewed by the. AMM Board. No other changes were recommended. RAGANDALE CENTER - PARES DEDICATION Mr. Hedges and Mr. Vraa have been meeting with representatives of North- western Mutual Life Insurance Company concerning the dedication of land or cash for property that's platted in the Eagandale Center Industrial Parks and it was recommended that a parcel of land on the east side of LeMay Lake be dedicated for park purposes. Considerable negotiations have taken place and it was recommended that the Council approve the acceptance of approximately 3.5 acres from Northwestern Mutual Life Insurance Company as proposed by the staff. Smith moved, Thomas seconded the motion to accept the recommendation and to authorize the completion of negotiations- with the owners. All voted in • favor. r1 U PARK DEDICATION PEPS The APRC has reviewed park dedication fees presently charged by the City and recommended that the Council increase the park dedication fees by 5% to a base of $10,500.00 per acre, to be effective January 1, 1984, providing for $420.00 per single family .unit, $348.00 per townhouse unit, and $265.00 per apartment unit. Justification for the change in fees was discussed by the Council and Mr. Vraa was present to answer questions regarding the proposed increase. Thomas moved, Wachter, seconded the motion to approve the recommen- dations and order them implemented for park dedication purposes for 1984. All voted yea. MnDOT PLANS AND SPECIFICATIONS FOR I -35B CLIFF ROAD TO LONE OAK ROAD The plans and specifications for I -35E from Cliff Road to Lone Oak Road were submitted to the Council for review and discussion. Mr. Colbert explained the plans that were presented by the Minnesota Department of Trans- portation and recommended the Council approve them. Egan moved, Wachter seconded the motion to approve the detailed plans and specifications for S.P. 1982-65, 68, 100 (I -35E from Cliff Road to Lone Oak Road) and authorize the Mayor and City Clerk to execute the related documents. All voted yea. 15 Council Minutes January 17, 1984 HORTRVIEW MEADOWS TRUNK UTILITIES - CONTRACT t83--2 The staff recommended final payment and acceptance of the Northview Meadows trunk and utilities under Contract 083-2, noting that $1,080.36 had been retained by the City because of the dispute that was submitted by George Trapp for damage allegedly occurring to his haybine pole, as a result of the construction activity in the vicinity of Northview Meadows subdivision. Staff recommended that the City authorize payment to Austin P. Keller Construction Co. of the remaining sum, noting that the staff members could not determine precisely who had caused the damage. Thomas moved, Smith seconded the motion to authorize the final payment, based upon the recommendation of staff. All voted yes. COACHMAN ROAD - FOUR OAKS ROAD — FEASIBILITY REPORT • Staff recommended the upgrading of Coachman Road and Four Oaks Road from Yankee Doodle Road to Trunk Highway 413 due to the recent development of Coachman Land Company 1st and 2nd Additions,, Coachman Oaks Apartments and Condominiums, and Coachman Highlands townhouse development and pending Country Glen Condominiums. Egan moved, Wachter seconded the motion to approve the • recommendation and authorize the preparation of feasibility report for Project 0348. All voted in favor. CONTRACT 084-1 - THUNK HIGHWAY 055 - LONE OAK ROAD Plans and specifications have now been received for Contract 084-1 con- sisting of trunk water main on Trunk Highway 055 and Lone Oak Road. Wachter moved, Egan seconded the motion to approve the plans and specifications and authorize the advertisement for bids to be opened at 10:30 a.m. on Thursday, February 16, 1984 at the Eagan Municipal Center. All voted in favor. SPEED LIMIT STUDIES The Public Works Director received a telephone request from a future resident concerning speed limits on Cliff Road adjacent to Park Cliff Addi- tion. Councilmembers directed the Public Works Director to make requests for speed limit determinations only when a reasonable percentage of residents affected in the area, petition for such speed limit reductions. UTILITY DEPARTMENT VAN Wachter moved, Thomas seconded the motion to authorize the purchase of a • utility department van through the Hennepin County Purchasing Unit as recom- mended by the Public Works Director. All voted in favor. W Council Minutes • January 17, 1984 FEBRUARY 5, 1984 - OPEN HOOSE. The Council has designated an open house for the new Municipal Center for February 5, 1984 between 1:00 and 3:00 p.m. NONICIPAL CENTER PLAQUE Mr. .Hedges stated that the plans and specifications do not provide for a plaque dedicating the new Municipal Center and recommended the approval of a plaque to be purchased from St. Paul Stamp Works, Inc. in the estimated cost of $700.00. Smith moved, Thomas seconded the motion to approve and implement the recommendation. All voted affirmatively. RACE TRACH RESOLUTION Councilman Smith submitted a proposed Resolution concerning diversion of air flight patterns over the race facility area, noting that the Council is strongly opposed to present flight patterns over residential areas. Smith moved, Thomas seconded the motion to approve the Resolution concerning the • location of air traffic over the race track facility to alleviate any objec- tion to deviation from the normal air traffic corridor. All voted in favor. ARTHUR RAHN - Councilmembers requested that a letter of appreciation be forwarded to Art Rahn for his long-time service on the Eagan Assessment Committee. Egan moved, Wachter seconded the motion to approve the following check- list dated: All voted yea. Wachter moved, Egan seconded the motion to adjourn the meeting at 1:00 a.m. All voted in favor. PHH • City Clerk 17