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02/21/1984 - City Council RegularAGENDA • REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA • • CITY HALL FEBRUARY 21, 1984 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS P\ A. Fire Department ` C. Park & Recreation Department L B. Police DepartmentQ D. Public Works Department �• e\ E. Protective Inspections Department IV. 6:55 - CONSENT ITEMS (One Motion Approves All Items) p % A. Personnel Items 1 b B. MEED Agreement/Dakota County e 7 C. Contract 82-7, Change Order #2, Cinnamon Ridge 3rd Addition Q' (Streets & Utilities) D. Project 394, Receive Feasibility Report/Order Plans & Specifications e (Yankee Doodle Reservoir - Repainting) Q\b E. Knights of Columbus for Bingo License on 4-6-84 %1 F. Project #398, Receive Petition/Order Feasibility Report & Plans e (Suncliff 2nd Addition) V. 7:00 - PUBLIC HEARINGS Q.l'l A. Project 349, Blue Gentian Road (Streets) 3(o B. Project 372, I -35E (Utility Crossings & Streets) e* VI. OLD BUSINESS 3� A. City Code Update VII. NEW BUSINESS a A.1 George L. & Miriam M. Nall for the Keeping of a Horse on a Q 4.50 -acre Parcel Zoned R-1 (Residential Single District) Located in Part of the SW'y of the NWk of Section 22, Parcel LO -02200-040-27, 3960 Pilot Knob Road B. Perry Kieffer for a Conditional Use Permit for Commercial Storage PFacilities in an Agricultural Zoning District in Part of the SWC of the NE} of Section 24, 3955 Dodd Road, Parcel 10-02400-010-05 ^ $1 C. Tri -Land Co., Inc., Brad Swenson, for Preliminary Plat, Sunset 1 4th Addition, Containing 15.16 Acres with 32 Single Family Lots in Part of the NWS of the NW'y of Section 25, South of County Road 30 (Diffley Road), West of Saddlehorn Addition and North of Hackmore Drive Eagan City Council Agenda February 21, 1984 Page Two VIII. ADDITIONAL ITEMS 10SABurnsville/Eagan Cable Commission Update e 106B.. Approve MnDOT Cost Participation Agreement #61824 (I-494) P 10'? C. Approve MnDOT Cost Participation Agreement #61932, (I -35E) f_101D'. Approve Dakota County Cost Participation Agreement (MnDOT Agree- ment #61933 - Diff Ley Road & Pilot Knob Road) 101E. Contract 84-1, Receive Bids/Award Contract (Lone Oak Road/T.H. 55 Q - Watermain) 1\1 F. Contract 84-3, Approve Plans/Authorize Advertisement for Bids Q' (Almquist Lake Lift Station) 11I G. Contract 82-7, Final Payment/Acceptance/Cinnamon Ridge 3rd e' Addition (Streets & Utilities) 111H. Consideration of Sewer & Water Utility User Rates for 1984 Consideration of Trunk Related Assessment Rates for 1984 P' IX. VISITORS TO BE HEARD (For those persons not on the agenda) X. ADJOURNMENT 0 • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 17, 1984 SUBJECT: AGENDA INFORMATION MEMO/FEBRUARY 21, 1984 COUNCIL MEETING After approval of the February 7, 1984 regular City Council minutes and the agenda for the February 21, 1984 regular City Council meeting, the following items are in order for consideration: FIRE DEPARTMENT A. Fire Department -- There are no items to be considered under Fire Department at this time. POLICE DEPARTMENT B. Police Department -- There are no items to be considered under Police Department at this time. • PARK & RECREATION DEPARTMENT C. Park & Recreation Department -- There are no items to be con- sidered under Parks & Recreation Department at this time. PUBLIC WORKS DEPARTMENT D. Public Works Department -- There are no items to be considered under Public Works Department at this time. PROTECTIVE INSPECTIONS DEPARTMENT E. Protective Inspections Department -- During 1983, the 1978 Nova (used police car) was approved for replacement in the Building In- spection Department. The City authorized the purchase of a 1984 one-half ton pickup (F100) in the amount of $8,916 from Southview Chevrolet. The department's budget for equipment certificates in 1983 has been considered at $10,500, and due to a price break, the equipment, according to specifications, was purchased at the $8,916 figure. This equipment has been delivered and is being used pri- marily by the Assistant Building Inspector/Fire Marshal. The Chief Building Inspector anticipated replacement for the 1975 Ford F100 pickup that has been used by the Fire Marshal. This unit is experi- encing a number of mechanical problems as well as body problems and should be considered for replacement. The Building Inspector • had anticipated the replacement this year and requested $10,500 in the operating budget for 1984 which was omitted by the City Coun- cil with the understanding it would be later considered as a possi- Q f� Agenda Information Memo • February 21, 1984 City Council Meeting Page Two ble equipment certificate. The City Administrator addressed the City Council at the January 18 City Council meeting and was advised to contact Peoples Natural Gas Company and any other users of the small compact pickups to determine whether these pickups are proving to be more efficient than the full size pickups for performance, longevity and resale. The Chief Building Inspector has made a com- parison of the compact pickups and standard pickups and a copy of his response is found on page —3. . The Chief Building Inspector has also had the 1975 For assessed by the maintenance garage and the repair work that is needed is estimated at approximately $1,000 with no consideration for labor. Currently, that pickup is not being used due to a break in transmission problem. Enclosed on pages —+-- through S" is a copy of a memorandum from Chief Buil- ding Inspector Peterson to the City Administrator reviewing the equipment problems. Because the Inspection Department is working primarily in new sub- divisions and often streets and driveways are in a rough preliminary grade status, the F100 has proven to be very efficient as a vehicle for those conditions. The analysis between a full size vehicle and compact is brief and a more comprehensive study can be made • if the City Council so desires. If the City Council desires to purchase a second half -ton pickup, Southview Chevrolet will recog- nize the $8916 bid for a 1984 heavy duty half -ton pickup cr;mpatible with the pickup purchased in December 1983. This equipment would be purchased from equipment c:crtificates in 1984. For City Council reference, the other vehicle that is used in the Building Inspection Department is a used police Citation which the Chief Building Inspector uses for meetings, inspections and general use within the department. The mechanical and electrical inspectors are paid as consultants and therefore use their own vehicles. The new plan check personnel to be hired by the City will perform most of his or her work in City Hall and would utilize, for the present, the Citation jointly with the Chief Building Inspector. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny authoriza- tion to purchase an F100 half -ton pickup in the amount of $8,916 from Southview Chevrolet as an authorized expenditure under 1984 equipment certificates. 1O V 0 January 18,'1984 • MEMO TO: TOM HEDGES, CITY ADMINISTRATOR 4 FROM: DALE PETERSON, CHIEF BUILDING OFFICIA RE: COMPARISON OF COMPACT PICKUPS AND STANDARD PICKUPS FOR DEPARTMENT USE I have discussed American made compact pickups with Peoples Natural Gas, Eagan Public Works and shop mechanics at two dealerships. I also have studied the U.S. Department of Energy's 1984 EPA fuel economy estimates. The Chevrolet GMC and Ford compacts with six cylinder engines and automatic transmission have provided their owners with a fuel consumption of 19 - 22 miles per gallon and maintenance costs were good and somewhat less than the standard pickup. Standard pickups bythe same manufacturers with the same equip- ment, bought with a 300 - 310 cubic inch V8 engine, averaged 13 - 17 miles per gallon and the base price was $300 to $500 more. Peoples Natural Gas reported that their experience with compact pickups manufactured outside the United States have proved unsatisfactory and American made are satisfactory for ordinary uses. All of the operators and mechanicss were doubt- ful though that the compacts would be feasible for the amount of off-street use demanded by the department because of the lower ground clearances and the difference of the material strength used in the full-size pickups. It also is unknown whether or not the compact pickups will give the five-year service necessary for long term efficiency and economy.. Most of the reports that I have been checking have been in generalities,. but if you need specifics, I will attempt to get them for you. I will request quotations immediately upon receipt of your answer on which type of unit the department should purchase. DP/js • 2 0 February 2, 1989 KM TO:,` CM ACM' USTRATOR= FRM: DAIS PETERSON, CHIEF BUILDING OFFIC RE: UNIT #501, 1975 FORD F100 The manual three -speed transmission Of Unit 501 failed on or about January 18. This was in addition to the already dangerous brakes. We had hoped to keep it operating as it was the most feasible one to use until the replacement for 502 was authorized. Bill Branch, Superintendent of Public Works, prepared a repair estimate on 501 for me in hopes it would be economically feasible to make it last for a few more miles. The resulting estimate using almost all in -Muse labor was $917. arra that was to do the mininm repairs as required by law. is I have enclosed Bill's cost breakdown for your use. It would be unfair for the inspectors to use their own cars as the City's 20fi per mile car allowance is about ane -half of the actual cost to operate their own vehicle. Thank you for your consideration of this problem. DP/js 41" E 0 ti 0 0 MEMO TO: DALE PETERSON FROM: BILL BRANCH, SUPERINTENDENT PUBLIC WORKS DATE: FEBRUARY 2, 1984 SUBJECT: 1975 FORD F100; Engine 302; Unit #501 Master L.F. Caliper R.F. Caliper L.R. W/Cylinder R.R. W/Cylinder Rotors Drums Differential Valve Starter Pads Shoes Muffler Transmission 1 week to 10 days for parts. $52.48 41.78 41.78 12.99 12.99 134.28 120.22 62.00 27.95 10.10 9.55 41.87 350.00 917.90 • Agenda Information Memo February 21, 1984 City Council Meeting Page Three There are six (6) items on the agenda referred to as the Consent Agenda requiring one (1) motion by the City Council. If the City Council desires to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. Personnel Items -- There are two (2) personnel items for consi- deration. 1. The City has been able to obtain a level one custodian through the Minnesota Emergency Employment Development Act (MEED) for six months at a rate of compensation of $4.00 per hour. There is no expense to the City of Eagan. The person is Jeff McGuffee. Mr. McGuffee is our park foreman's, Jim McGuffee, brother. Mr. McGuffee will not be working under any supervision or at any time with his brother. Since the position is not a full-time position • with the City and is being sponsored through the MEED pro- gram, there is no conflict with our existing personnel policy. 2. The City has budgeted, in the Police Department budget, effective March 1, 1984, the hiring of a full-time police officer. Chief of Police Berthe is recommending that Steven Grimm, who is currently a cadet with the Eagan Police Department, be appointed by the City Council as a full-time officer. Mr. Grimm has completed all of his schooling and P.O.S.T. requirements to become a licensed police officer in the State of Minnesota. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Mr. McGuffee under the MEED program and Mr. Grimm as a new patrol officer to be effective March 1, 1984. MEED AGREEMENT B. MEED Agreement -- Dakota County has forwarded to the City for execution the form MEED agreement covering the employment by the City of Eagan of persons under the MEED program. Presently, there are four such employees. These include Annette Kinstler in Adminis- tration, John Bergstrom in Protective Inspections, James Strum in Parks & Recreation and Jeff McGuffee in General Government Buil- dings. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the Mayor and City Clerk to execute the MEED agreement. 9 Agenda Information Memo February 21, 1984 City Council Meeting • Page Four CONTRACT 82-7/CHANGE ORDER #2 C. Contract 82-7, change Order #2, Cinnamon Ridge 3rd Addition (Streets & Utilities) -- Change Order #2 for this contract consists of three parts: A. Prior to the completion of the street surfacing in the third addition, the developer had not completed his overall site grading. Subsequently, in order to complete the grading on the north end of the project, it was necessary that the material be moved over the partially completed street construction. It was agreed that this development would be responsible for any subsequent damage to the road bed caused by this dirt moving operation. (Add $4,713.08.) B. The contract proposal inadvertantly omitted a requested bid item to complete the storm sewer system as designed within the approved plans. Subsequently, this work was performed on a time and material basis. (Add $662.35.) C. During the site grading and excavation work by the develo- per, the developer buried his tree removal and miscellane- • ous debris along the alignment of the proposed storm sewer which resulted in extra costs to correct the pipe bedding for the storm sewer. Due to the fact that this tree and debris burial was unauthorized within the City easement, the developer is responsible for the costs incurred by the City's contractor. (Add $1,561.54.) All costs associated with this change order will become the respon- sibility of the development and included in the final assessment figures. The total increase for Change Order #2 to be added to Contract #82-7 is $6,936.97. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 82-7 and authorize the Mayor and City Clerk to execute all related documents. • Agenda Information Memo • February 21, 1984 City Council Meeting Page Five E • FEASIBILITY REPORT/PROJECT 394 D. Project 394, Receive Feasibility Report/Order Plans a Specifi- cations (Yankee Doodle Reservoir - Repainting) -- The approved 1984 utility budget provided for the repainting of the Yankee Doodle Road 5.0 M.G. water reservoir. This reservoir has not been re- painted since its construction in 1971. Subsequently, the Public Works Director requested that a feasibility report be prepared and it is now being presented to the Council, a copy is enclosed on pages _ ct_ through J$ , for your review and approval. Due to the fact that there are no assessments associated with this project and that the funding has been provided for in the 1984 utility bud- get, no public hearing is necessary. Therefore, the Public Works Director is requesting authorization from the City Council to pre- pare detailed plans and specifications which will be reviewed by the Council in further detail during March. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 394 (Yankee Doodle Reservoir Repainting) and approve the preparation of detailed plans and specifications for Contract 84-4. E 0 Cl REPORT ON REPAINTING of 5.0 M.G. YANKEE DOODLE .WATER RESERVOIR PROJECT No. 394 FOR EAGAN, MINNESOTA e /� Comma 49295 / Bmeawo, Rodeos, 4wde4 lia & 4"aalated, ,/ /� m em �. • 84 pool, Mlw�oaaJa 9 Yours very truly, BONESTROO, ROSENE, ANDERLIK b ASSOCIATES, INC. 4Z4A-- - W,60A--e Robert W. Rosen RWR:mb i�ca Tvl a • bae�, Keith A. Bachmann KAB:mb I hereby certify that this Report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Robert W. Rosene, P.E. Date: Feb. 8 1984 Reg. No. 3488 • Approved by , Nomas A. Colbert, P.E. Director of Public Works Date: 9249b �� Ba A« � A66RMf0{P�J JK�i. Germ R. Ca P.E n, E A. Gordado P. Uro G- Bmmnaa. P.E. Tkamm E. Na}at P.E Th n li G RoE W. Roue. P.E. Rkkad W. Fina. P.E. J. h C Artderfa, P.E Ra G. srhunlafR. P.E 2395 *J.. 9....i 4( V 36 6,.#.d A. LrMM. P.E. Mb. L Sar.afa, P.E. Rflftd E. Tomer, P.E St. P.14 AfA".,_ 61113 Jame C. ohm. P.E. Dwa C. ftw di. P.E. Jaz A. Rwdan. P.E. PA...- 612.636.4600 Mina A. Nevin, P.E Td R. f .. RE Mkk T. Raufmmm, P.E February 8, 1984 R.hm R. fflwm. P.E D"W L.otam. P.E Cla A. Edrh�. Honorable Mayor and Council NM4m M. Ghm City of Eagan 3830 Pilot Knob Road Eagan, Mo. 55121 Re: Repainting of 5.0 M.C. Yankee Doodle Water Reservoir Improvement Project 394 Our File No. 49295 Dear Mayor and Council: Transmitted herewith is our report for the repainting of 5.0. M.G. Yankee Doodle Water Reservoir, Project 394. This report studies the paint coatings of the above referenced reservoir and discusses the feasibility of replacing the exterior paint system. • 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, BONESTROO, ROSENE, ANDERLIK b ASSOCIATES, INC. 4Z4A-- - W,60A--e Robert W. Rosen RWR:mb i�ca Tvl a • bae�, Keith A. Bachmann KAB:mb I hereby certify that this Report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Robert W. Rosene, P.E. Date: Feb. 8 1984 Reg. No. 3488 • Approved by , Nomas A. Colbert, P.E. Director of Public Works Date: 9249b �� • SCOPE: This project provides for the repainting of the exterior of the 5.0 million gallon water reservoir. This reservoir is located along Yankee Doodle Road, just west of State Highway 149. FEASIBILITY AND RECOMMENDATIONS: The subject project is feasible from an en- gineering.standpoint. It is most effectively bid as a single project. DISCUSSION: The 5.0 M.G. Yankee Doodle Road water reservoir was constructed and originally painted in 1971. The reservoir has not yet been repainted. In 1980, this reservoir was completed drained and thoroughly inspected. This inspection indicated deterioration of the exterior surface painting. The interior paint system, however, had not yet deteriorated to any significant degree. Tiny paint blisters were evident, but no peeling or flaking of the existing paint system had occurred. • Our recent inspection of this reservoir site confirmed that the exterior paint coating has significantly deteriorated. Among the more noticeable signs • of this situation is a large amount of rust formation on the relatively flat tank roof, and rock chips and carved graffiti on the sides. The coating on the tank interior as observed from the manhole in the top appears to still be in quite good condition. It is recommended that only the exterior tank coating be replaced with this project. In light of the relatively good condition of the tank interior coating and the continued use of an effective cathodic protection system which minimizes corrosion, it is believed that significant additional life is attainable from the existing interior coating. Page 1. 9249b • We do recommend, however, that the interior be inspected annually to de- termine when recoating will be required. Recoating will probably be required in another 3 to 5 years. The original tank exterior coating system was a Tnemec No. 77 Chem -Prime metal primer followed by two coats of Tnemec Exterior Tnemec-Gloss Enamel. The total dry paint thickness was checked and found to range from 4 - 6 mils. The total thickness averaged just slightly over 4 mils. Due to the severly deteriorated condition of the existing coating, it is recommended that the entire exterior tank surface be given a commercial sand blast cleaning to remove the present coating system and prepare the surface for proper paint application and adherance. It is further proposed that a new coating system consisting of two epoxy- • polyamide prime coats followed by a finish coat of an aliphatic polyurethane enamel be applied to the tank exterior. This proposed paint system is superi- or to the existing paint system. It is designed to provide high resistance to abrasion and corrosion, to provide long-term retention of initial color and gloss, and to provide easy removal of graffiti. This is the same exterior paint system as that used on both the 2.0 M.G. Cliff Road reservoir and the 4.0. M.G. Safari Pass reservoir. Currently, the City name "Eagan" is not painted on this reservoir. Prior to development of the repainting project specifications, it is recommended that the Eagan City Council determine whether it wishes to have "Eagan" painted on the reservoir as part of this project. Relative to project scheduling, this reservoir repainting was originally planned for the 1983 construction season. It was moved back to the 1984 con - 40. struction season to allow the new 4.0 M.G. Safari Pass reservoir to effective - Page 2. 9249b 12 0 • • ly increase Eagan's total water storage capacity and to minimize, as much as possible, the impact of taking the 5.0 M.G. reservoir out -of service for the repainting period. The timing of this project within the construction season is very criti- cal. It is essential that this water reservoir be operational during the hot, dry months in which water usage is greatest. Therefore, it is recommended that the project commence as early in spring as weather permits, and that the project completion date be set at June 15, 1984. It is also recommended that substantial liquidated damages be specified to ensure that this project is ex- pedited. COST ESTIMATE: The project costs are included below. It is anticipated that this project would be bid on a lump sum basis. Exterior Sand Blasting and Repainting $42,000 + 5% Contingency 2,100 $44,100 + 27% Legal, Engr., Admin. 6 Bond Interest 11,900 ESTIMATED PROJECT COST ................ $56,000 The estimated project cost includes 5% contingencies and 27% for legal, engineering, administration and bond interest. ASSESSMENTS: It is assumed that no assessments will be levied for this proj- ect as it is an expected periodic maintenance item of the water storage system. REVENUE: It is assumed that the entire cost of this project will be covered by the water system renewal and replacement fund. 9249b Page 3. 13 • PROJECT SCHEDULE • • Present Feasibility Report Approve Plana 6 Specifications Open Bids Award Contract Construction Completion Page 4. 9249b %4— February 21, 1984 March 6, 1984 March 30, 1984 April 3, 1984 June 15, 1984 E • International 0 Aviation Obetrc_____ _ ELEVATION • I PROJECT No. 894 5.0 M.O. YANKEE DOODLE WATER RESERVOIR COMM. 49295 RONESTROO, ROSENE, ANDERLIK, & ASSOC., INC NO SCALE 1984 • Agenda Information Memo February 21, 1984 City Council Meeting Page Six \J • KNIGHTS OF COLUMBUS BINGO LICENSE E. Knights of Columbus for Bingo License on 4-6-84 -- Mr. Joe Merlo and Mr. Don Wilson O'Grady (Bingo Manager) are requesting a bingo license on behalf of the Knights of Columbus for a special event on April 6, 1984, from 7:00 to 10:00 p.m. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a bingo license for the Knights of Columbus. Special Note: The City Council has asked in the past that all gam- bling license applications be made available for their inspection. Therefore, a copy is included without page number for their review and is available to the public upon request. /to Agenda Information Memo • February 21, 1984 City Council Meeting Page Seven PROJECT 398/ORDER FEASIBILITY REPORT & PLANS F. Project 398, Receive Petition/Order Feasibility Report & Plans (Suncliff 2nd Addition - Streets & Utilities) -- The City has re- ceived a peititon from the developer of the Suncliff Addition (Ad- vance Developers, Inc.) requesting the City to proceed with a public contract for the installation of streets and utilities to service the remainder of their Suncliff Development (2nd Addition). In addition to requesting the feasibility report and public hearing, they have waived their rights to a public hearing, guaranteed all costs associated with the preparation of the feasibility report and plans and request that the Council authorize a simultaneous preparation of detailed plans and specifications with the feasi- bility report to expedite the public improvement contract process. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition from Advance Developers, Inc., and authorize the preparation of a feasi- bility report for Project 398 and the preparation of detailed plans and specifications. • • 17 Agenda Information Memo • February 21, 1984 City Council Meeting Page Eight 0 PROJECT 349/BLUE GENTIAN ROAD A. Project 349, Blue Gentian Road (Streets -Storm Sewer) -- During 1983, MnDOT started finalizing the construction plans for the easterly extension of I-494 and its interchange with T.H. 149 (Old Dodd Road). Due to the configuration of this interchange, it was necessary to relocate Blue Gentian Road further to the south. Sub- sequently, segments of West Blue Gentian Road and East Blue Gentian Road will be upgraded to City standards. Subsequently, the City Council authorized the preparation of a feasibility report to dis- cuss the benefits associated with the relocation and upgrading of East and West Blue Gentian Roads. On January 17, the City Council formally received the feasibility report for Project 349 and scheduled the public hearing to be held on February 21. Enclosed on pages 19-35 is a copy of the feasi- bility report for your reference during the public hearing. All notices have been published in the legal newspaper and sent • to all property owners who would be affected by this proposed im- provement. With the tight time frame associated with the progression of I-494, It is important that this project be approved or denied on February 21 so that MnDOT can proceed with the advertisement for bids and subsequent contract award during March. Thd Director of Public works and Consulting Engineer will be availa- blej to discuss the details associated with this project at the pub- lic it ACTION TO BE CONSIDERED ON and approve or deny Project SeM;er) . .I �I • THIS ITEM: To close the public hearing 349 (Blue Gentian Road - Streets & Storm R Agenda Information Memo 0 February 21, 1984 City Council Meeting • Page Nine PROJECT 372/I -35E STREETS 8 UTILITIES B. Project 372, I -35E (Streets & Utilities) -- During the past several years, as the progression of I -35E through the City of Eagan became more of a reality, the Public Works Director and Consulting Engineer worked very closely with MnDOT to evaluate the impact of this interstate through our community in relationship to relocation of existing and construction of future streets and utilities. As MnDOT's plans became more finalized, the City and the Consulting Engineering firm were able to evaluate the needs for streets and utility installation and subsequent benefit derived from adjacent properties. Subsequently, a detailed feasibility report was prepared incorpora- ting all proposed improvements associated with I -35E from Diffley Road to just south of the Lone Oak Road interchange. Due to the length of this 75 -page report, it is enclosed in your packets as a separate document without page numbers for use during the public hearing. All notices have been published in the legal newspaper and sent • to property owners who would be assessed for the benefits received from the improvements associated with this project. It is proposed that all construction associated with this project would be per- formed by MnDOT under a cost participation agreement. Due to the tight time schedules associated with the construction of this sec- tion of I -35E, it becomes important for the Council to take action on this project at the public hearing on February 21 so that MnDOT can proceed with the advertisement for bids for a contract award in March of 1984. n U Enclosed on pages 3 % through 'NJ is a letter received from Leo Murphy concerning this agenda item. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve, deny or modify Project 372 for the installation of streets and utilities associated with I -35E. 3( • � ' M�ye r a..,d Ea paw E..'rj a,�<.�, �.' 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Hr a ar 7 S i S t / / / • ce4 ,ec e55 to .Y4 e STfcG'r e, r,fe_ /,1•ebesLd Mr*h�,Ay Mr plepeFty caaT t�r b�l•e�� ,r�cF s� )�,, c) rk¢ p r.� erry o -A, �r T/rd7 76's STt'reT S c�s•s'f r•�cteA 7-1 �r y.p!< s..eWr ,••• of trzS�r,c dc/asS (z) 7H• i k,,// 4ey,craic a lr,9b FG4 orT of *l+e fi ke t;e -r %cat•a-t of Oc�r,ovot/ pr. �3} Y4iy A:gk o&.'-//eo�rsrdet- d6/e ;k ei eases `t �aiae ar[ d,'r po//u trok a +rL ifa�fi e-6 esY•a> o h j. / o/seFrr t4i s k ¢vr. ...: �l off- e- Fe- 76c da/rve o� yx� /of5 a/ckq Al Glc 5r, �) rAG Kf�war Dep j. pi�wf to F].ye /M 4r ST�.Pff, d bn yv_ 7 )r It So KYir/ G¢ktriJ/ /.,r7 a4 plop er%j' t4a Fe- iS Con 5,/stay/a_.,5 ile F4.,A. Tris /.r t4e `IC/o ek- r6 14C rtiesT r]./d .may ak,rA¢r d fr. r be/,e ✓e-, 'baa k a.7e ade-eve,` 6 1b ?A e. • s th west- parr of >nr p/-0/Ge�ty / 7'ku s pr ca f/y C.-yeGl,c; et ,DceE - •• 11A0h/ !y(Khfky ,, ,If atse feJ.tct AoccePSS, �) Cyghys Ajre (Fw/c! t/,zr rdaFe d?k „er ssess�e.,r Agenda Information Memo February 21, 1984 City Council Meeting • Page Ten CITY CODE UPDATE A. City Code Update -- The original ordinance codification was adopted effective January 1, 1983, when the first City Code was formally implemented for the City of Eagan. Because of legislative changes that occurred in 1983, the adoption of new City legislation (ordinances) and a proposal to amend or adopt new legislative ordinances,the City Administrator proposed an update of the City Code. Upon City Council authorization the City staff, specifically the City Administrator, Director of Finance, and Admin- istrative Assistant in charge of the City Clerk Division of Finance, have met with the City Attorney's office and Mr. Roger Jensen to review all chapters of the City Code and discuss Minnesota legisla- tive changes, City ordinance changes, and proposed City legislation. Mr. Jensen has codified all the revisions for the City Code which includes all the changes that would occur for a reason referenced above. The City Administrator has attempted to recognize the intent of the City Council by keeping any and all ordinance amendments that may attract a significant change in public policy out of the ordinance codification. Those ordinances must be reviewed and adopted as a separate agenda item and if approved, would be incor- porated in a future City Code revision. Enclosed is a copy of • a memorandum from Roger Jensen'soffice to the City that incorporates all the changes as previously discussed. The City staff will have a final meeting to review all the City Code revisions as proposed and any final changes will be shared with the City Council before any action on Tuesday. If there are any sections of the City Code revisions that the City Council would like additional information or discussion on, they could be further evaluated at a future workshop or City Council meeting. However, generally speaking, most of these changes either incorporate previous City Council action, action by the Minnesota Legislature or an intent by the City Council to incorporate some changes to the City Code. A copy of those City Code revisions are enclosed on pagesAro through -71 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the City Code revisions as presented by the City's codifier, Mr. Roger Jensen of Municipal Codifiers Inc. apP r W REVISION MEMO - EAGAN • February 13, 1984 TO: Liz Witt, Administrative Staff FROM: Lorraine E. O'Reilly, Codifier RE: 1984 City Code Revisions we herewith hand you ordinances amending Chapters 1, 3, 4, 5, 6, 8, 9, 10, 11 and 13 of the City Code. You will note that we have assigned numbers to these ordinances beginning with Ordinance No. 6 (which number had been assigned to a proposed ordinance but never adopted). Since Ordinance No. 10, 2nd Series was adopted and published, we have skipped that number and picked up with No. 11. The enclosed ordinances, together with the covering memo, should be reviewed by the City Administrator, the City Attorney, and other City staff as to their specific areas. If approved as drafted, the ordinances should then be submitted to the Council. After the ordinances have been adopted and published, please forward published copies to our office so that we are aware of any changes which have been made in the City's review. The revision pages will then be prepared by our office for insertion in the Code. • CHAPTER 1 Section 1.02, Subd. 13, has been amended to increase the penalty for a misdemeanor from $500.00 to $700.00 in accordance with the statute. CHAPTER 2 Ordinance No. 10, 2nd Series, will be incorporated into the Code in preparing the revision pages. CHAPTER 3 Subdivision 1 of Sec. 3.05 has been amended as requested, but the requirement for "written" permission has been retained in Subd. 7, Subparagrah B, as requested. No change has been made in Sec. 3.20, Subd. 1, as to shutting off water service due to delinquency since this is covered in the general provisions of Sec. 3.05, but Subdivi- sions 4, 9 and 10 are amended to reflect requested changes by the City as to additional water valve requirements, providing for a City policy as to unmetered service, and that all water meters shall be purchased from the City. CHAPTER 4 •Section 4.01 has been amended to adopt the latest edition of the Uniform Building Code and optional appendices. Section 4.10 has been revised in its entirety to comply with the 1983 statute and also to provide for a hearing and an owner's permit, as well as the permit to -1- 40 use the streets, as requested. This amendment should be specifically •reviewed by the Building Inspector for any comments he may have. Subdivision 3, Subparagraph C of Sec. 4.20 has been amended to also restrict signs within specified distances from railroad rights-of-way. Ordinance No. 3, 2nd Series, which also amends Sec. 4.20, will be incorporated in preparing the revision pages. A new Sec. 4.60 is provided for which allows construction headquarters, temporary structures and storage areas until 858 of the units in the plat have been developed. CHAPTER 5 Definition of club and fraternal club have been amended in accordance with the 1983 statute which changed the required term of existence from ten years to three. while Ordinance No. 5 amended Sec. 5.13 to change the effective date, this Section was further reviewed at the conference. Subdivision 2 presently exempts only temporary beer licensees from the requirements of this Section. Due to legislative amendments to this statute in 1983, the establishment of exemptions by other beer as well as on -sale wine licensees can be proven by affidavit, and therefore ease the burden of the City to require proof of eligibility for such exemption. We are therefore inserting the exemption to include on -sale beer licensees with sales of less than $10,000, off -sale beer licensees with sales of less than $20,000, and on -sale wine licensees with sales of less than $10,000. We specifi- cally call your attention to these added exemptions since it was felt at the conference that this should be a Council decision. While Sec. 5.34 was amended .by Ordinance No. 5, it has been revised to delete references to "non -intoxicating malt liquor", since "beer" is so defined in Section 5.01. Subdivision 1 of Sec. 5.52 has been amended to remove the alternative of liability insurance (mandatory requirement in Sec. 5.13), and adds Subd. 14 to allow an off -sale licensee to provide free samples in accordance with Chapter 259 of the 1983 Laws. The on -sale wine license fee has been changed to $200.00 for an annual license and $100.00 for a Sunday license. The prohibi- tion in Sec. 5.80 as to consumption and display has been repealed and new Sec. 5.81 inserted which provides for an annual consumption and display license. The fee to be paid to the City is $300.00. In addition, the applicant is required to pay a fee of $100.00 to the State of Minnesota. Section 5.14 is also a new Section which we strongly recommend be added to the general provisions at the beginning of this Chapter. You will note that it requires thirty days notice to the City prior to cancellation. It is our feeling that the ten day notice period is insufficient since it does not allow ample time to give notice and hold a hearing as to action to be taken on the license. CHAPTER 6 The definiton of a kennel has been amended to provide for "four or more dogs or cats" rather than three. Ordinance No. 4 amending Sec. •6.42 as to construction, alteration or repair of buildings will be incorporated in preparing the revision pages. -2- it l CHAPTER 8 Adoption of MSA Chapter 169 has been updated to amend through Laws 1983. CHAPTER 9 Section 9.16 has been amended to update in accordance with Chapter 24 of the 1983 Laws which prohibits obstructing access to a handicapped parking space, requires visible sign -posting and non-movable signs, and authorizes tagging on private and public property. CHAPTER 10 Ordinance No. 2 prohibiting trapping will be inserted in preparing the revision pages. Dangerous weapons or articles, due date of dog and cat licenses and curfew have been amended in Sections 10.10, 10.11 and 10.30. The requested ordinance relating to building security and fire alarm systems has been inserted as Sec. 10.43 with some revision to follow the format of the City Code. CHAPTER 11 The definition of Planned Development from proposed Ordinance No. 7 has been inserted in Sec. 11.03, as well as the definition of setback. Subdivision 26 of Sec. 11.10 has been amended to correct confusing language and the references to the Industrial Districts have been •changed in Sec. 11.20, as requested. Day care special permits have been repealed in the Agricultural and Residential Districts as provided in proposed Ordinance No. 6, and on -sale wine and 3.2 beer as a conditional use in the I-1 Industrial District inserted.: The typo error on Page 397 will be corrected in typing the revision pages. CHAPTER 13 The Council waiver has been amended in Sec. 13.02, Subd. 2, in accordance with proposed Ordinance No. 13. Amendments to Sections 13.10 and 13.30 have been inserted as requested. CHAPTER 25 Ordinances numbered 101, 102 and 103 will be inserted in preparing the revision pages, as will Ordinance No. 1, 2nd Series, which adopted the codification. c: Dave Keller, City Attorney • -3- 4Z • • is ORDINANCE NO. 6, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 1 ENTITLED "GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE INCLUDING PENALTY FOR VIOLATION" BY CHANGING THE PROVISION RELATING TO PENALTY FOR A MISDEMEANOR, AND MAKING THIS ORDINANCE APPLICABLE TO EVERY CHAPTER, SECTION OR OTHER PROVISION OF THE EAGAN CITY CODE. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. The definition provided for in Section 2 of this ordinance shall apply to each and every provision of the Eagan City Code which is a misdemeanor. Section 2. Eagan City Code, Section 1.02 entitled "Definitions" is hereby amended by changing Subd. 13 to read: Subd. 13. "Misdemeanor" means the crime for which a sentence of not more than ninety (90) days or a fine of not more than $700.00, or both, may be imposed. Section 3. This ordinance shall be applicable to every Chapter, Section or other provision of the Eagan City Code. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: ■ • • • ORDINANCE NO. 8, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 3 ENTITLED "MUNICIPAL AND PUBLIC UTILITIES - RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS" BY CHANGING PROVISIONS RELATING TO BILLING AND DELINQUENT PAYMENT OF MUNICIPAL UTILITY CHARGES, WATER SERVICE PIPES AND METERS, AND UNMETERED SERVICE; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 3.05 entitled "Rules and Regulations Relating to Municipal Utilities" is hereby amended by changing Subd. 1 to read: .Subd. 1. Billing, Payment and Delinquency. All municipal utilities shall be billed monthly or quarterly and a utilities statement or statements shall be mailed to each consumer. All utilities charges shall be delinquent if they are unpaid at the close of business day on the due date shown on the billing. A penalty of ten per cent (10%) thereof shall be added to, and become part of, all delinquent utility bills. If service is suspended due to delinquency it shall not be restored at that location until a reconnection charge has been paid for each utility reconnected in addition to amounts owed for service and penalties. Section 2. Eagan City Code Section 3.20 entitled "Rules and Regulations Relating to Water Service" is hereby amended by changing Subdivisions 4, 9 and 10 to read: Subd. 4. Service Pipes. Every service pipe must be laid in such manner as to prevent rupture by settlement. The service pipe shall be placed not less than seven feet below the surface in all cases so arranged as to prevent rupture and stoppage by freezing. Frozen service pipes between the curb stop and the building shall be the responsibility of the owner. Service pipes must extend from the curb stops to the inside of the building; or if not taken into a building then to the hydrant or other fixtures which they are intended to supply. A valve, the same size as the service pipe, shall be placed close to the inside wall of the building, ahead of the meter and well protected from freezing and at the property or public utility easement line flush with the finished grade or surface elevation and fully accessible and operable by City authorized personnel. Joints on copper tubing shall be flared and kept to a minimum. Not more than one joint shall be used for a service up to seventy feet in length. All joints shall be left uncovered until inspected. Minimum size connection with the water mains shall be 3/4 inch in diameter. Subd. 9. Unmetered Service. Unmetered service may be provided in accordance with a duly adopted and uniformly enforced policy. -1- 44 • Subd. 10. Water Meters. All water meters shall be purchased from the City and installed and maintained by the property owner. All new water meter installations and replace- ments shall be installed with an outside remote reader which shall be purchased, installed and maintained by the property owner. All water meters shall remain under the control and shall also remain the property of the City. All required repairs to faulty water meters and/or outside remote readers shall be performed by the City, with the exception that whenever a meter or outside remote reader has been damaged due to negligence on the part of the user, all costs associated with the removal, repair and installation of a new meter shall be the responsibility of the user. • Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 3.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Mayor Date Ordinance Published in the Eagan Chronicle: -2- 450 • ORDINANCE NO. 9, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 4 ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULA- TION, INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARKS" BY CHANGING PROVISIONS RELATING TO ADOPTION OF STATE BUILDING CODE BY REFERENCE, BUILDING MOVING RULES AND REGULATIONS, AND PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS; BY ADDING A PROVISION AS TO CONSTRUCTION HEAD- QUARTERS AND MATERIAL STORAGE AREAS; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 4.01 is hereby amended to read: SECTION 4.01. BUILDING CODE ADOPTED. The Minnesota State Building Code (SBC), including Appendix C -Technical Organizations; also, (1) Flood Proofing Regulations, Sections 201.2-208.2; (2) 1982 Uniform Building Code, Chapter 1 -Life Safety Requirements for Existing Buildings, Chapter 7 -Covered Mall Buildings, Chapter 55 -Membrane Structures (air -inflated structures), (3) Minnesota Plumbing Code Appendix C -Guide for Sizing the Water Supply System, Appendix D -Sizing the Building Water Supply System; and, (4) 6 MCAR, Sec. 4.8040 -individual • Sewage Treatment Standards by the Minnesota Pollution Control Agency, are hereby adopted by reference as though set forth verbatim herein. One copy of said Code shall be marked CITY OF EAGAN - OFFICIAL COPY and kept on file in the Protective Inspections Department and open to inspection and use by the public. SEC. 4.10. PERMITS AND SPECIAL REQUIREMENTS FOR MOVING BUILDINGS. Subd. 1. Definition. "Street" or "Streets" as used in this Section means all streets and highways in the City which are not State trunk highways, County State -aid highways, or County roads. Subd. 2. Moving Permit Required and Application. A. It is unlawful for any person to move a building on any street without a moving permit from the City. B. The application for a moving permit shall state the approximate size and weight of the structure or building proposed to be moved, together with the places from and to which it is proposed to move the same, and proposed route to be followed, proposed dates and times of moving and parking, and • the name and address of the proposed mover. Such application -1- 46 shall also state any municipal utility, street, and public • property repairs or alterations that will be required by reason of such movement. C. Permit and Fee. The moving permit shall state date or dates of moving, hours, routing and movement. Permits shall be issued only for moving buildings by building movers licensed by the State of Minnesota. Fees to be charged shall be separate for each of the following: (1) a moving permit fee to cover use of streets and route approval, and (2) a fee equal to the anticipated amount required to compensate the City for any municipal utility and public property (other than streets) repairs or alterations occasioned by such movement. The latter shall be paid in advance. Subd. 3. The building mover shall: A. Use Designated Streets. Move the building over those streets only, which are designated for such use in the permit. B. Notify of Revised Moving Time. Notify the Protective Inspections Department in writing of any desired change in the date or times of moving the building from that indicated in the application and conduct moving operations only on the date and at the times designated in the application or approved in writing by the Protective Inspections Department and • notify the Police Department at least 24 hours prior to commencing movement of the building. C. Notify of Damage. Notify the Protective Inspections Department in writing of damage caused to property belonging to the City within 24 hours after the damage or injury has occurred. D. Display Lights. Cause warning lights or signals to be displayed during all times on each side of the building; while situated on a public street, in such manner as to warn the public of an obstruction, and at all times erect and maintain barricades across such streets as shall be necessary and in such manner as to protect the public from damage or injury by reason of the presence, movement or removal of the building. E. No Parking. Not park the building on any City street at any time during the moving process. F. Comply With Governing Law. Comply with the Building Code, the provisions of the City Code and all other laws. G. Pay Expense of Officer. Pay to the City the expense of any traffic officer ordered by the City Administrator • to accompany the movement of the building to protect the public from injury. -2- 4-7 Subd. 4. Owner's Permit Required and Application. A. It is unlawful for any owner of land in the City to or from which a building is to be moved to permit such movement without an owner's permit. B. Application. A person seeking issuance of an owner's permit shall file a written application with the City. If no moving permit is required under this Section, the application shall also include the address and legal description of the land on which the building is situated, and if within the City, to which it is proposed to be moved, the route, including identification of streets or roads over which it is to be moved, the distance, the proposed date of movement, and such other information as the City shall require for the determination to be made hereunder. The application shall not be accepted for filing unless accompanied by the following: 1. Evidence that all real estate taxes and special assessments against the building and land from which it is to be removed are paid in full. 2. A written statement, bill of sale or other written evidence that the applicant is entitled to move the building. 3. Written evidence of arrangements with all public utility companies whose wires, lamps or poles are required • to be removed, for the removal thereof by the applicant. 4. A cash deposit from the owner•—of—the—lot from which the building is to be moved in the sum of($1,000.00 as an indemnity to ensure completion of the following work: (1) capping the well; (2) abandoning sewerage system as required by the City; and (3) filling all excavations to grade, removing all rubbish, and leaving the premises in a safe and sanitary condition. 5. A cash deposit or letter of credit, the amount of which shall be 758 of the estimated cost, as determined by the City, to bring the building so moved into conformance with applicable Building Code requirements. A 6. Payment of the permit fee. 7. If the building is to be located within the City after its movement, a survey by a licensed surveyor of the land to which the building is to be moved, including the location of the building in relation to the boundaries of the land. 8. If the building is to be located within the City after its movement, photographs of (1) two or more views • of the building to be moved; (2) the lot on which the building is to be located; and, (3) the lands, and structures. thereon, adjacent to the lot on which the building is to be located. M C. Duties of the Protective Inspections • Department. Upon receipt of the application accompanied by the fee, deposit, statement and information required, the Protective Inspections Department shall review the application and make such investigation as shall deem appropriate. The Department shall also obtain the recommendation of the Chief of Police and City Engineer with respect to the streets on which the building may be moved to assure the greatest degree of safety to persons and property and to minimize congestion. Upon completion of the review and investigation, the Protective Inspections Department shall: 1. Deny the permit for moving a building to a location other than within the City, stating in writing one or more of the grounds stated in Subdivision 13 of this Section, or authorize issuance of a permit; or, 2. In all other instances, make its report to the Council. D. Council - Public Hearing. 1. Where applicant requests the moving of a building to a location within the City, the Council shall hold a public hearing on whether a permit shall be issued not later than 60 days after the application has been accepted for filing. Notice, including the time, date, place and purpose of the • hearing shall be given by publication and by mailing to the owners of real property situated within 500 feet of the land to which the building is to be moved at least ten days prior to the date of the hearing. Notice containing the same information shall be posted on the property to which the building is to be moved, not less than 30 days prior to the date of the hearing. Failure to give mailed notice or any defect in the notice shall not invalidate the hearing or any proceedings taken thereat. 2. Not later than five days after conclusion of the hearing the Council shall either deny the permit in writing stating one or more of the grounds stated in Subdivision 13 of this Section, or authorize issuance of a permit. E. The owner shall: 1. Clear Premises. Remove all rubbish and materials and fill all excavations to existing grades at the original building site, if within the City, so that the premises are left in a safe, neat and sanitary condition. All foundation structures shall be removed to a depth of 18 inches below the finished grade of the earth. 2. Remove Service Connections. Cause any sewer lines to be plugged, shut off, or removed if the original • site is within the City, in such manner as may be required by the City. -4- 4.1... • 3. Completion of Remodeling. If the building is relocated in the City, complete, within 90 days after removal, all remodeling, additions or repairs as indicated in the application, in any document filed in support thereof, or in any building permit issued in connection therewith. 4. Take all reasonable precautions to secure the building and to reduce danger to any member of the public until the building is set on its foundation and any remodeling, additions or repairs, described in the application, have been completed, including but not limited to, (1) locking all doors and windows; (2) providing sufficient support or bracing so as to stabilize the building to prevent it or any part thereof from sliding, slipping, falling or moving; and (3) erecting and maintaining a security fence or wall the base of which shall be no higher than four inches, and the top of which shall be at least four feet, above the surface of the ground and which shall enclose the entire building as well as the excavation for the foundation. Subd. 5. Liability to City. A. Holders of Permits Liable for Amounts Exceeding Deposit. The holder or holders of a permit shall be liable jointly and severally for any expenses, damages, or costs paid or incurred by the City as a result of the issuance of a is permit or the taking or failure to take any action required of the holder or holders of the permit or the City hereunder. • B. Retention of Cash Deposita The City may take or. cause to be taken any of the following actions and may retain so much of the cash deposit necessary to reimburse itself for any costs or expenses incurred as a result thereof: 1. If the City in its sole discretion determines that the premises from which, or to which the building is to be moved, if within the City, or the movement of the building on streets is unsafe or constitutes any other unsafe condition, the City in its sole discretion may, but shall not be required to, take or cause such action to be taken to eliminate such unsafe condition or conditions as it shall deem appropriate. 2. If the premises from which the building has been removed are within the City and such premises are left in an unsafe or unsanitary condition or the provisions of this Section with respect to such premises have not been complied with, the City may, but shall not be required, in its sole discretion, to take or cause such action to be taken to remedy such unsafe or unsanitary condition and to place the premises in such condition as to be in compliance with this Section. -5- so Subd. 6. Fees and Deposits. Upon completion of the • moving of a building pursuant to a permit, the amount which the applicant has deposited in conjunction with the filing of the application shall be returned to him, less all amounts which any holder of a permit shall or may become liable to the City and which the City may retain under any provision of this Section. The permit fee paid upon filing of the application shall not be returned. Subd. 7. Council Review. A. The Council may on its own motion elect to review any decision of the Protective Inspections Department denying issuance of a permit. The denial of a permit may be appealed by the applicant as any other administrative decision. B. A hearing on the election to review or appeal shall be heard by the Council no later than 30 days after the election to review has been made. The Council may affirm, reverse or modify the action. Subd. B. Moving Hours. No person shall move any building on any street at any time other than during the hours of 1:00 o'clock A.M. to 5:30 o'clock A.M. Subd. 9. Moving Days. Any person moving a building through the City for which a permit shall not be required shall • move such building through the City within a period of no more than seven (7) days. Subd. 10. Conditional Permits. Any permit granted under the terms of this Section may have attached thereto written conditions which shall be strictly adhered to by the permittee. Subd. 11. Building Permits and Certificates of Occupancy. A. Whenever an application is made to move a building which would not, after moving, comply with all then - current building codes or if changes are required or contemplated, contemporaneously with such application a separate building permit shall also be applied for. B. No moved building, whether or not a separate building permit is required under Subparagraph A of this Subdivision, shall be occupied before the City makes its final inspection. Subd. 12. Building Mover Endorsement. No permit to move a building shall be granted to the owner unless it is endorsed by a building mover licensed by the State, acknowledging that he knows the contents of this Section and agrees to be bound • hereby and by all conditions placed upon such permit relating to hours, routing, movement, parking and speed limit. -6- .S1 Subd. 13. Denial of a Permit. Any permit under this • Section shall be denied upon a finding of any one of the following: A. Applicant has not complied with any requirement of this Section; B. Persons or property in the City would be endangered by moving the building, because of shape, size, route, or for any other reason; C. The building is in such state of deterioration or disrepair or is otherwise so structurally unsafe that it would constitute a danger to persons or property in the City; D. The building is structurally unsafe or unfit for the purpose for which moved, if the location to which the building is to be moved is in the City; E. The equipment for moving the building is unsafe and persons and property would be endangered by its use; F. The building or its use would not be in compliance with zoning, building codes or other provisions of the City Code, if the location to which the building is to be moved is in the City; or, • G. If the location to which the building is to be moved is in the City, the building is in substantial variance with either the established or the expected pattern of building development within the neighborhood to which the building is to be moved. Comparative age, bulk, architectural style and quality of construction of both the building to be moved and the buildings existing in the neighborhood shall be considered in determining whether a building is in substantial variance. If the building to be moved is more than ten years older than the oldest building situated on the lands abutting the land to which the building is to be moved, such fact shall be evidence that the building to be moved is in substantial variance. Section 3. Eagan City Code Section 4.20 entitled "Placement, Erection and Maintenance of Signs" is hereby amended by changing Subparagraph C of Subd. 3 to read: C. Location to Street and Railroad Right -of -Way. No sign shall be located nearer than ten feet from any street, highway or railroad right-of-way, except only residential name signs which are attached to mail boxes, lamp posts, or the like. No advertising sign shall be located nearer than twenty feet from any street, highway or railroad right-of-way. Section 4. Eagan City Code Chapter 4 is hereby amended by adding . a Section to read: -7- Q k SEC. 4.60. CONSTRUCTION HEADQUARTERS AND MATERIAL STORAGE . AREAS - PERMITTED AND UNLAWFUL ACT. Notwithstanding any other provision of the City Code, a construction headquarters temporary structure, or area, shall be allowed in any residential plat then being developed. Such structure and/or storage materials shall be removed within thirty days after final City inspection of 85 per cent of the total number of dwelling units in such plat. It is unlawful for any person to fail to timely remove any such structure or materials. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: CITY OF EAGAN CITY COUNCIL By: • Its Clerk • Date Ordinance Adopted: Its Mayor Date Ordinance Published in the Eagan Chronicle: -8- 53 ORDINANCE NO. 11, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 5 ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULA- TIONS" BY CHANGING PROVISIONS AS TO DEFINITION OF CLUBS, FINANCIAL RESPONSIBILITY OF LICENSEES AND EXEMPTIONS, HOURS OF BEER SALES, AND LIQUOR AND ON -SALE WINE LICENSE RESTRICTIONS AND REGULATIONS; BY ADDING A PROVISION AS TO INSURANCE REQUIREMENTS AND CONSUMPTION AND DISPLAY, AND REPEALING A PROHIBITION OF CONSUMPTION AND DISPLAY; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 5.01 entitled "Definitions" is hereby amended by changing Subdivisions 15 and 16 to read: 15. "Club" means any corporation duly organized under the laws of this State for civic, fraternal, social, or business purposes or for intellectual improvement or for the promotion of sports, or a congressionally chartered veterans organization, which shall have more than fifty members, and shall, for more than a year, have owned, hired, or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a • Board of Directors, Executive Committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents, or employees are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club,. or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the Directors or other governing body. Such club or congressionally chartered veterans organization must be incorporated and must have been in existence for at least three years. 16. "Fraternal club" means a club which serves only members and their guests and which uses any profits derived from liquor sales principally for sponsoring activities beneficial to the community and not for the profit of any individual. Section 2. Eagan City Code Section 5.13 is hereby amended to read: SEC. 5..13. FINANCIAL RESPONSIBILITY OF LICENSEES. Subd. 1. Proof. No beer, wine or liquor license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility imposed by Minnesota Statutes, Section 340.95, by filing with the City a certificate that there • is in effect an insurance policy or pool providing minimum coverages of (1) $50,000.00 because of bodily injury to any one person in any one occurrence, and, subject to the limit for one -1- .S+ • person, in the amount of $100,000.00 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10,000.00 because of injury to or destruction of property of others in any one occurrence, and (2) $50,000.00 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $100,000.00 for loss of means of support of two or more persons in any one ,occurrence; Subd. 2. Exception. This Section does not apply to on -sale beer licensees with sales of beer of less than $10,000.00 for the preceding year, nor to off -sale beer licensees with sales of beer of less than $20,000.00 for the preceding year, nor does it apply to holders of on -sale wine licenses with sales of wine of less than $10,000.00 for the preceding year. An affidavit of the licensee shall be required to establish the exemption under this Subdivision. Subd. 3. Documents Submitted to Commissioner. All proofs of financial responsibility and exemption affidavits filed with the City under this Section shall be submitted by the City to the Minnesota Commissioner of Public Safety. Section 3. Eagan City Code Section 5.34 is hereby amended to read: SEC. 5.34. HOURS AND DAYS OF BEER SALES. No sale of beer • shall be made between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on any weekday, Monday through Saturday, inclusive. Neither shall any beer sale be made on any Sunday between the hours of 1:00 o'clock A.M. and 12:00 o'clock noon. Section 4. Eagan City Code Section 5.52 entitled "Liquor License Restrictions and Regulations" is hereby amended by changing Subd. 1, and adding Subd. 14, to read: 11 Subd. 1. Prior to issuance of any license the applicant shall file with the City a bond with a corporate surety, cash, or United States government bonds in the sum of $5,000.00 for an on -sale license and $3,000.00 for an off -sale license. Subd. 14. It is unlawful for an off -sale licensee to provide samples of wine, liqueurs, and cordials which the licensee currently has in stock and is offering for sale to the general public without obtaining an additional license, provided the wine, liqueur, and cordial samples are dispensed at no charge and consumed on the licensed premises during the permitted hours of off -sale in a quantity less than 50 milliliters of wine per variety per customer and 25 milliliters of liqueur or cordial per variety per customer. Section 5. Eagan City Code Section 5.70 entitled "On -Sale Wine" •is hereby amended by changing Subd. 2 and Subparagraph A of Subd. 3 to read: Subd. 2. On -Sale Wine License Fee. A. The annual on -sale wine license fee is $200.00. B. The annual Sunday on -sale wine license fee is $100.00. Subd. 3. A. Prior to issuance of any on -sale wine license the applicant shall file with the City a bond with a corporate surety, cash, or United States government bonds in the sum of $3,000.00. Section 6. Eagan City Code Section 5.80 entitled "Consumption and Display - One Day License" is hereby amended by repealing Subd. 1 entitled "Prohibition". Section 7.. Eagan City Code Chapter 5 is hereby amended by adding Sections to read: SEC. 5.14. INSURANCE CERTIFICATE REQUIREMENTS. Whenever an insurance certificate is required by this Chapter the applicant shall file with the City a certificate of insurance showing (1) that the limits are at least as high as required, (2) that coverage is.effective for at least the license term approved, and (3) that such insurance will not be cancelled or terminated without thirty days' written notice served upon the City. Cancellation or termination of such coverage shall be grounds for license revocation. SEC. 5.81. CONSUMPTION AND DISPLAY. Subd. 1. Definition. For purposes of this Section, the term "bottle club" is a "club" as defined in this Chapter, or an unincorporated society which, except for its lack of incorporation, otherwise meets the requirements of a club, and which is not otherwise licensed for the sale of liquor, either on -sale or off -sale or both. Subd. 2. Consumption and Display License Required. It is unlawful for any bottle club or for any business establishment to allow the consumption or display of liquor or the serving of any liquid for the purpose of mixing liquor without a license therefor from the City, but a bottle club as herein defined and licensed may permit its members to bring and keep a personal supply of liquor in lockers assigned to such members. • Subd. 3. Consumption and Display License Fee. The annual consumption and display license fee is $300.00. -3- MG Subd. 4. Consumption and Display Restrictions and • Regulations. A. Every bottle, container or other receptacle containing liquor stored by a member of a bottle club shall have attached to it a label signed by the member of the club, shall be kept in a locker designated to the use of such member, and no other liquor shall be on bottle club premises. B. It is unlawful for any club member under nineteen (19) years of age to be assigned a locker for the storage of liquor or to consume or display liquor on any premises under control by such club. C. It is unlawful to consume or allow consumption or display of liquor in any bottle club or business establishment between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M., nor between the hours of 1:00 o'clock A.M. and 3:00 o'clock P.M. on Memorial Day; nor between the hours of 1:00 o'clock A.M. and 8:00 o'clock P.M. on any primary, special, or general election day held in the City. D. No license shall be issued to any bottle club when a member of the board, management, executive committee, or other similar body chosen by its members, or when a business establishment or the owner thereof holds a Federal retail liquor dealer's special tax stamp for the sale of liquor. • E. Liquor sold, served or displayed in violation of this Section shall be subject to seizure for purposes of evidence. Subd. 5. Other Licenses. An on -sale liquor or wine licensee may also be licensed for consumption and display. Section 8. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 9. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: CITY OF EAGAN CITY COUNCIL By: Its Clerk Its Mayor • Date Ordinance Adopted: Date Ordinance Published in the Eagan Chronicle: -4- S7 • ORDINANCE NO. 12, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY CHANGING THE DEFINITION OF A KENNEL; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 6.38 entitled "Kennels" is hereby amended by changing Subd. 1 to read: Subd. 1. Defined. For the purpose of this Section, the term "kennel" means any place, building, tract of land, abode or vehicle, wherein or whereon a total of four or more dogs or cats, or combination, over six (6) months of age, are kept, kept for sale, or boarded. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 6.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. •Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. • ATTEST: CITY OF EAGAN CITY COUNCIL By: is Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the Eagan Chronicle: SO ORDINANCE NO. 14, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 8 ENTITLED "TRAFFIC REGULATIONS" BY CHANGING A PROVISION RELATING TO ADOPTION OF THE TRAFFIC REGULATION ACT BY REFERENCE; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 8.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. read: THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 8.01 is hereby amended to SECTION 8.01. MINNESOTA STATUTES, CHAPTERS 168, 169 AND 171 ADOPTED BY REFERENCE. Except as otherwise provided in this Chapter, or in Chapters 7 and 9 of this Code, the regulatory and procedural provisions of Minnesota Statutes, Chapter 168, Chapter 169 (commonly referred to as the Highway Traffic Regulation Act) and Chapter 171, as amended through Laws 1983, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. Section 2. Eagan City Code Chapter 1 entitled "General •Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 8.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. • Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: S1 0 0 L ORDINANCE NO. 15, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 9 ENTITLED "PARKING REGULATIONS" BY CHANGING THE PROVISION RELATING TO PHYSICALLY HANDICAPPED PARKING; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. read: THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 9.16 is hereby amended to SEC. 9.16. PHYSICALLY HANDICAPPED PARKING. Subd. 1. Statutory parking privileges for physically handicapped shall be strictly observed and enforced. Police officers are authorized to tag vehicles on either private or public property in violation of such statutory privileges. Subd. 2. It is unlawful for any person, whether or not physically handicapped, to stop, park, or leave standing, a motor vehicle (1) in a sign -posted fire lane at any time, or (2) in lanes where, and during such hours as, parking is prohibited to accommodate heavy traffic during morning and afternoon rush hours. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled 'Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: 0 ORDINANCE NO. 16, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 10 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY CHANGING PROVISIONS RELATING TO DANGEROUS WEAPONS AND ARTICLES, DOG AND CAT LICENSE FEES, AND CURFEW; BY ADDING A PROVISION AS TO FIRE, BURGLARY AND SAFETY ALARMS; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 10.10 entitled "Dangerous Weapons and Articles" is hereby amended by changing Subdivisions 5 and 8 to read: Subd. 5. Carrying and Transporting of Firearms. Except where otherwise specifically authorized by law, it is unlawful to carry any firearm unless it is unloaded and encased in a proper case or to transport any firearm in a motor vehicle unless it is in the trunk, unloaded, and encased in a proper case. In motor vehicles which do not have a trunk, it shall be in that portion thereof not designed for carrying passengers. • Subd. 8. Use of Bow and Arrow. It is unlawful for any person to shoot a bow and arrow except in the Physical Education Program in a school supervised by a member of its faculty, a community -wide supervised class or event specifically authorized by the Chief of Police, or a bow and arrow range, or such other place during such time or times as authorized by the Council. Section 2. Eagan City Code Section 10.11 entitled "Dog and Cat Regulation and Dog Licensing" is hereby amended by changing Subd. 5 to read: read: is Subd. 5. Period and Fees. All dog licenses shall expire on February 20 of each year and shall become delinquent on February 21 in each year or within six months after birth. All fees for the licensing of dogs and impounding of dogs and cats, including penalties for late application, shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such fees may from time to time be amended by the Council by resolution. A copy of the resolution setting forth currently effective fees shall be kept on file in the office of the City Clerk -Treasurer and open to inspection during regular business hours. Section 3. Eagan City Code Section 10.30 is hereby amended to • SEC. 10.30. CURFEW. Subd. 1. Curfew - Minors Under the Age of Sixteen (16). It is unlawful for any minor person under the age of sixteen years to be or loiter upon the streets or public places between the hours of 10:00 o'clock P.M. and 5:00 o'clock A.M. of the day next following. Subd. 2. Curfew - Minors Who Are Sixteen (16) or Seventeen (17) Years of Age. It is unlawful for any minor person sixteen or seventeen years of age to be or loiter upon the streets or public places between the hours of 12:00 o'clock midnight and 5:00 o'clock A.M. of the day next following. Subd. 3. Curfew - Parents and Guardians. It is unlawful for any parent, guardian, or other person having the legal care or custody of any minor person to allow or permit such minor person to be or loiter upon the streets or public places in violation of this Section unless such minor is accompanied by a person of lawful age having such minor person in charge. Subd. 4. Curfew - Places of Amusement, Entertainment or Refreshment. It is unlawful for any person operating, or in charge of, any place of amusement, entertainment or refreshment, • or other place of business, to allow or permit any minor person under the age of eighteen (18) years to be or loiter in such place in violation of this Section unless such minor is accompanied by a person of lawful age having such minor person in charge. This Subdivision shall not be construed to permit the presence, at any time, of any person under age in any place where his presence is otherwise prohibited by law. Subd. 5. Exceptions. Such curfew shall not apply to any students under the age of eighteen (18) years who are lawfully attending, going to or returning from school, church, or community sponsored athletic, musical or social activities or events. Section 4. Eagan City Code Chapter 10 is hereby amended by adding a Section to read: SEC. 10.43. FIRE, BURGLARY AND SAFETY ALARM REGULATIONS AND REQUIREMENTS. Subd. 1. Purpose. This Section regulates the use of fire, burglary and safety alarms for the purpose of preventing the public safety services from misuse of public safety alarms through frequency of false alarms. Subd. 2. Definitions. For the purpose of this • Section: A. "Alarm User" means the person using an alarm • system to protect his premises, regardless of whether he owns or leases the system. B. "Alarm System" means and includes any alarm installation designed to be used for the prevention or detection of burglary, robbery, or fire on the premises which contain an alarm installation. Automobile alarm devices shall not be considered an alarm system. C. "False Alarm" means the occurrence of an alarm in an alarm system for any reason other than an authorized intrusion or attempted robbery, or call to an existing fire. D. "Financial Institution" means a commercial bank, savings and loan association, credit union or establishment leasing safe deposit boxes. E. "Audible Alarm" means a device designed for the detection of smoke or fire or of an unauthorized entry on the premises, which alarm activates or generates an audible sound on or near the premises. F. "Calendar Year" means the period January 1 through December 31 of each year. G. "Residential Alarm User" means occupied housing units, residential homes and condominiums. H. "Non -Residential" means commercial, • industrial, business, State agencies, special purpose units of government, apartment complexes. Subd. 3. Regulations and Requirements. A. Alarm User Registration. Following the first false alarm within any calendar year, the alarm user shall fill out and return to the Police Department the "Alarm User Registration" form as provided within 30 days. B. False Alarm Statement of Correction. Following the sixth false alarm within the calendar year, the alarm user shall fill out and return to the Police Department within five days the "False Alarm Statement of Corrections". This form shall contain a detailed statement of the corrective actions the alarm user has taken to prevent additional false alarms,, and to notify alarm user of impending forfeitures should additional false alarms occur. C. Audible Alarms. All audible alarms shall meet the following requirements: 1. Every person maintaining an alarm system with an audible alarm signal shall post a notice containing the name and telephone number of a person to be notified to render repairs or service to such alarm system during any hour of the • day or night upon activation of such alarm system. Such notice shall be posted at the main entrance to such premises or near the alarm in such a position as to be legible from the ground level adjacent to the building. -3- 63 2. Alarm systems with audible alarm signals, • except for fire alarms, shall have an automatic shut-off which will silence the audible alarm signal within a period not to exceed 20 minutes. D. In-House.Annunciation Panel. Financial institutions having an alarm system with multiple sensors shall have an in-house annunciation panel providing specific annuncia- tion of the sensors at a private monitoring location on the premises. When, in the judgment of the Police Department, no such private monitoring location is possible upon the premises, the requirements of this Subparagraph D may be waived. Compliance with this Subparagraph D is required of all alarm systems installed in financial institutions after the effective date of this Section, and within one year from effective date of this Section for currently operating alarm systems. E. No person shall install an alarm system or use, monitor, and possess an operative alarm system which utilizes taped or prerecorded messages which deliver a telephone alarm message to the Police or Fire Departments. No automatic dialing services or systems are permitted in any form, including automatic dialing of the emergency number 911. F. Unlawful Act. It is unlawful for any person to fail or refuse to comply with the regulations set forth in • this Subdivision. Subd. 4. Schedule of Payment Rates. A. Residential users of alarm systems shall be permitted six (6) false alarms per calendar year and pay $50.00 per false alarm thereafter. B. Non-residential users of alarm systems shall be permitted six (6) false alarms per calendar year and pay $75.00 per false alarm thereafter. C. There is hereby established a ninety (90) day grace period for all newly installed alarm systems; all false alarms occuring during this period shall not be considered part of the six allowable false alarms per year. The installation date must be verified by a dated sales receipt for the alarm system, or a dated invoice from the installer of the alarm system. D. A false alarm is excused if prior written notification stating the exact time is given to the Police Department, and the alarm is activated for the purposes of, testing or upgrading the alarm system. E. All payments provided for in this Subdivision shall be made to the City within 30 days after mailing a • statement to the alarm user. Payments not made within 30 days are delinquent and a penalty of 108 of the amount due will be added. All delinquent charges and penalties shall be certified by the City Clerk to the County Auditor who shall prepare an • assessment roll each year providing for assessment of the delinquent amounts against the property of the delinquent alarm user. E PA F. Confidentiality. All information submitted in compliance with this Section shall be held in confidence and shall be deemed a confidential record exempt from discovery to the extent permitted by law. Subject to requirement of confidentiality, the Chief of Police may develop and maintain statistics for the purpose of ongoing alarm systems evaluation. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 10.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: Y • ORDINANCE NO. 7, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATION (ZONING)" BY CHANGING THE DEFINITION OF PLANNED DEVELOPMENT AND ADDING THE DEFINITION OF SETBACK; BY CHANGING A GENERAL PROVISION AS TO PLACEMENT OF HOUSE ON RESIDENTIAL LOT; BY RENAMING THE INDUSTRIAL DISTRICTS; BY REPEALING PROVISIONS FOR DAY CARE SPECIAL PERMITS IN THE AGRICULTURAL AND RESIDENTIAL,DISTRICTS; BY ADDING A CONDITIONAL USE AND CHANGING A REFERENCE TO THE PUBLIC FACILITIES DISTRICT IN THE LIMITED INDUSTRIAL DISTRICT; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 11.03 entitled "Definitions" is hereby amended by changing Item 57, and adding Item 78, to read: 57. "Planned Development" - An urban development developed according to an approved -overall plan (1) having two or more principal uses (within a single plat) without the necessary zoning to allow the uses in compliance with the existing zoning districts; or (2) having a single use which does not comply with • all of the restrictions of any one zoning,district. Planned Development zoning shall be allowed only where the Council determines that because of topography, location, design, public need, amenities, or for other similar reasons, the development represents good planning in relation to existing and proposed development in the area. 76. "Setback" - The minimal horizontal distance between a building and a street right-of-way or lot line. Section 2. Eagan City Code Section 11.10 entitled "General Provisions" is hereby amended by changing Subd. 26 to read: Subd. 26. Placement of House on Residential Lot. A. On all residential lots not served by public utilities which are at least twenty-four thousand (24,000) square feet in area and one hundred seventy (170) feet in width, all structures shall be placed so that the lot may be further subdivided in the future unless otherwise approved by the Council. (Subparagraph B remains the same) Section 3. Eagan City Code Section 11.20 entitled "Use Districts" is hereby amended by changing Subd. 1 to read: • Subd. 1. Classification. The following land use districts are hereby established under which all lands in the City shall be classified: -1- 66 • A - Agricultural District. E - Estate District. P - Public Facilities District. R-1 - Residential R-2 - Residential R-3 - Residential R-4 - Residential R-5 - Mobile Home Single District. Double District. Townhouse District. Multiple District. District. LB - Limited Business District. NB - Neighborhood Business District. GB - General Business District. CSC - Community Shopping Center District. RSC - Regional Shopping Center District. RB - Roadside Business District. I-1 - Limited Industrial District. I-2 - General Industrial District. R -D - Research and Development Park District. PD - Planned Development District. FP - Flood Plain District. Section 4. Eagan City Code Section 11.20 entitled "Use •Districts" is hereby amended by repealing Item 6 of Subd. 3, and Item 7, of Subd. 5, both relating to day care special permits in the Agricultural and Residential Districts. Section 5. Eagan City Code Section 11.20 entitled "Use Districts" is hereby amended by adding Item 14 as a conditional use under Subparagraph C, and changing Item 2 of Subparagraph D in Subd. 16 entitled "I-1 - Limited Industrial District", to read: C. 14. On -sale wine and 3.2 beer. D. 2. Whenever an "I-1" District abuts an Agricultural, Residential or Public Facilities District, a fence or compact evergreen hedge not less than six (6) feet in height, except adjacent to a street where it shall be not less than three (3) or more than four (4) feet, shall be erected and maintained in the front portion of the lot, along the side and rear property line that abuts said Agricultural, Residential or Public Facilities District whenever buildings or parking is located within 200 feet of said District. -2- 67 • 0 New P/A 1/8y Section 6. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 7. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: ORDINANCE NO. 13 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 13 ENTITLED "SUBDIVISION REGULATIONS (PLATTING)" BY CHANGING PROVISIONS AS TO COUNCIL WAIVER, REQUIREMENTS PRIOR TO FINAL PLAT AND RECORDING OF PLAT, MINIMUM WIDTHS FOR PRIVATE DRIVES, SIDEWALKS AND TRAILS, EASEMENTS, BUILDING LOCATIONS AND ELEVATIONS, CONSTRUCTION OF CITY -INSTALLED IMPROVEMENTS; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 13.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 13.02 entitled "Jurisdiction" is hereby amended by changing Subd. 2 to read: Subd. 2. Council Waiver. A. The Council, after review by the Planning Commission or after staff review and approval of duplex lot splits, may waive compliance with any of the provisions of this Chapter by adoption of a resolution after compliance with waiver provisions of this Chapter which resolution shall specify which provisions have been waived in any case: • 1. In which compliance will involve an unnecessary hardship and where failure to comply does not interfere with the purpose of this Chapter; or, 2. Where an improved plat can be achieved by deviation from certain provisions of this Chapter. B. A waiver may be granted without Planning Commission review only when the subdivision consists of a split of a duplex lot or lots with existing structures having individual utility services designed in accordance with standards imposed by the Council upon the original plat. Section 2. Eagan City Code Section 13.10 entitled "Application Procedures and Approval Process" is hereby amended by changing Item 5 of Subparagraph A and Item 3 of Subparagraph D of Subd. 5 entitled "Final Plat", to read: Subd. 5. A. 5. A determination on the method by which park dedication shall be satisfied for all plats. D. 3. Recording of Plat. It shall be the • responsibiity of the subdivider to file the plat with the Dakota County Recorder within sixty (60) days from final plat approval by the Council unless a time extension has been granted by the -1- 61 • Council. Failure to record the plat within the sixty day period shall render final plat approval by the Council null and void until a new application has been processed and approved by the City unless the Council has granted an extension of time in which the final plat shall be recorded. Section 3. Eagan City Code Section 13.30 entitled "Data and Design Standards" is hereby amended by changing Item 5 of Subparagraph B of Subd. 4 entitled "Street Design Standards", to read: B. Private Streets. 5. Minimum width for private drives as defined from face of curb to face of curb shall be as follows: NUMBER OF POTENTIAL TYPE OF MINIMUM WIDTH UNITS SERVED STREET (FACE TO FACE) 4 or less No curb and gutter 12' 5 - 8 Concrete curb 20' 9 - 20 Concrete curb 24' More than 20 Concrete curb and gutter 28' Through Streets Concrete curb and gutter 28' Section 4. Eagan City Code Section 13.30 entitled "Data and Design Standards" is hereby amended by changing Subd. 6, to read: • Subd. 6. Easements. A. Utility and drainage easements abutting public street rights-of-way or adjacent properties or centered on rear or side lot lines shall be at least ten feet (101) wide or wider as may be required by the City. B. Where a subdivision is traversed by a ponding area, water course, drainageway, channel or stream there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course and incorporating elevations as required by the City. C. Trails or pedestrian ways shall be shown as "trailways" on the final plat or as separate easements as the City may direct. D. All other easements of record and those required by the City as necessary to provide the required utilities to service the subdivision. Section 5. Eagan City Code Section 13.30 entitled "Data and Design Standards" is hereby amended by changing Subd. 9, to read: • Subd. 9. Building Locations and Elevations. (Refer to City Code Chapter 11 and the State Building Code adopted by reference in Chapter 4.) -2- 70 AJW 2/08by • Section 6. Eagan City Code Section 13.30 entitled "Data and Design Standards" is hereby amended by changing Item 1 of Subparagraph C of Subd. 15 entitled "Required Improvements", to read: is • 1. City -Installed Improvements. The developer may request the City to install the improvements. The developer shall submit a petition in the form prescribed by the City to the City Engineer requesting said installations. The Council may accept the petition and install the improvements and assess the cost in accordance with City policy and Minnesota Statutes, Chapter 429. This petition request shall include a requested method of assessment spreading (per lot, front footage, percentage ratios, etc). The applicant shall waive its rights to any and all public hearings required and agree to the acceptance of all costs associated with City -installed improvements provided that all benefited properties are assessed. The City installation of required improvements shall not provide for any overall site grading, but rather, shall be limited to required grading within dedicated easements and rights-of-way necessary to perform the installation of future public dedicated services as requested by the applicant. Section 7. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 13.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: -3- -71 • • is Agenda Information Memo February 21, 1984 City Council Meeting Page Eleven GEORGE NALL/KEEPING OF A HORSE A. George L. and Miriam M. Nall for the Keeping of a Horse on a 4h -Acre Parcel Zoned R-1 -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on January 24, 1984, to consider an application for the keeping of horses on a 4.50 -acre parcel of land zoned R-1, owned by George L. and Miriam M. Nall located at 3960 pilot Knob Road. The Advisory Planning Commission is recommending denial of the variance request. For additional information on this item, refer to the City Planner's report, a copy is enclosed on pages-7�_through� -77 For action that was taken by the Advisory Planning Commission, refer to page or pages 79K through -79. ACTION TO BE CONSIDERED ON THIS ITEM: To approve mendation of the Advisory Planning Commission to George Nall to keep a horse on a parcel zoned R-1. or deny the recom- allow Mr. & Mrs. e • CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: GEORGE L. & MIRIAM M NALL LOCATION: SW; OF THE NA OF SECTION 22 EXISTING ZONING: R-1 (RESIDENTIAL SINGLE DISTRICT) DATE OF PUBLIC HEARING: JANUARY 24, 1984 DATE OF REPORT: JANUARY 19, 1984 REPORTED BY: JUDY HEALD APPLICATION SUBMITTED: An application has been received for the keep- ing of horses on a 4.50 -acre parcel of land zoned R-1 (Residential Single District) located at 3960 Pilot Knob Road (Parcel No. 10-02200- 040-27). CITY CODE REQUIREMENT Section 10.12, Subdivision 2, Keeping, states in part, "It is unlaw- ful for any person to keep or harbor any animal, not in transit, ex- is cept (1) farm animals kept in that portion of the City zoned Agricul- tural.and containing no less than five acres." A horse is defined as a "Farm Animal" Therefore, the applicant needs a variance for the 4.50 acres of land as well as the R-1 zoning. It should be noted, however, the City Code does not limit the number of horses per parcel or the distance the horses will be kept from the property line. Since staff has been receiving other inquiries about the number of horses allowed per acre, perhaps the Advisory Planning Commission would want to limit the number per acre or per application. The Planning Commission may also want to look at the distance the horses will be pastured or stabled from the property line. COMMENTS The applicants are presently owners of the property but are requesting the variance for the occupants of the site. The applicants have stat- ed there will be 3 horses housed on the site which will be cared for by the occupants. As can be seen on the applicant's site plan, the proposed fenced -in •area for the keeping of the horses will be on the north side of the property which will be adjacent another large, unplatted parcel, and to the west, County Road 31 (Pilot Knob Road). The block marked "SHED" %4 CITY OF EAGAN VARIANCE - GEORGE L. & MIRIAM M NALL • JANUARY 24, 1984 PAGE TWO will house the horses. If approved, the variance shall be subject to the following condi- tions: 1) There shall be no more than 3 horses stabled on the site. 2) No other farm animals as defined in Section 10.12 shall be allowed. 3) No commercial or home occupation shall be permitted in con- nection with the keeping of the horses. 4) Fencing shall be subject to the requirements of the City Code. 5) All other applicable ordinances shall be complied with. jach .y v • �v g y cP i 0 74' i. ..+., a . .•. :q = ' 1- •'S ,ay c f. :� 1 ''�+ -r ""w.i c ��, r 'M�"4�� -,: r t `f�*: ,. r, a' ft-�»f.^y^ � r 3lkyV:.. ',1 ��,. , is - � . sY �,, $S !+, ..,. ...� ( •. F rN '1'{z ,F,1 �, "'` -r f -:l}� . 1 'q ��-'; ; s Y ..4P .yam', 1 Y ' 1 _ 1 10 a r = ,r VIC[o _ M D/O Civic Center site s O ' Z • r• Cnr at Eepsn 1 Ripe093-2e P/0 Clrlt: center site SUBJECT PARCEL L rmvrvr-A r K�r-� _'� 1 - - -- t S KO•V D q eE Q ♦ tl _ `` �� TAN � �•1 010-27 b4 i _ I I f e( bZ I 9 I - 7 - O �v9 TSO V D.AL Ee e i . .. _ -- DEERWOOD. "7 s DRIVE r I/' • N. N ,A.,�,. - :i •` fir• N - LLI �V'ti•L i'y C uj VIC[o _ M D/O Civic Center site s O ' Z • r• Cnr at Eepsn 1 Ripe093-2e P/0 Clrlt: center site SUBJECT PARCEL L rmvrvr-A r K�r-� _'� 1 - - -- t S KO•V D q eE Q ♦ tl _ `` �� TAN � �•1 010-27 b4 i _ I I f e( bZ I 9 I - 7 - O �v9 TSO V D.AL Ee e i . .. _ -- DEERWOOD. "7 s DRIVE r I/' APC Minutes • January 24, 1984 20. No dead-end lateral water mains will be allowed. M ulrooney recommended that public right-of-way be ovided based upon the reason utlined by the Engineering staff, includ g more control over maintenance, p ice and fire protection and general p lic safety. Those in favor were McCrea, Hall, Krob and Wold; against we a Wilkins, Mulrooney and Merkley. Member Mu ooney stated the only, reason a voted against the motion was he favored the pub c right-of-way in `the oject, and otherwise favored the proposal. THE RENTAL PLAM - COND010NAL USE PERMIT The hearing regarding the appl ation of Larry D. Pedersen for condi- tional use permit for The Rental a for a pylon sign on Lot 1, Block 1, Barton McGray Addition was conve by irman Hall. Dale Runkle outlined the proposal and indicated tha the condi onal use permit had been granted for outside storage Por the 1 ation of a re al business on the lot; and it appeared that the proposed sign would meet 11 the criteria of the sign ordinance including the 30 foot spacing from th existing Kinney Shoe Sign. Contact had been made wi Kinney Shoe but no dete ination as to removal of • the sign had yet been m e. Mr. Pedersen was present d stated that he would comply with the 300 of spacing. Mulrooney moved, lkins seconded the motion to recommen approval of the application, subjec to the following conditions: 1'h of the conditions regarding the Sign Ordinance shal be adhered to regarding h ght, size and distance from other pylon signs. 2. /Tesign shall be renewed yearly in accordance with the Sign Ordi- nance. voted in favor. GEORGE h MIRIAM NALL - VARIANCE The hearing regarding the application of George and Miriam Nall for a variance for the keeping of horses on a 4 112 acre parcel of land zoned R-1 located at 3960 Pilot Knob Road was next convened. Dale Runkle detailed the application and noted that the applicant now is requesting that 5 horses be stabled on the property. A sketch showing the proposed fenced area on the north property line and a shed to the rear that would house the horses was reviewed.by the Planning Commission. Alice and Ted Bolke were present and asked questions about the sheltering of horses and also the storage of numer- ous older cars on the east area of the property. Mrs. Nall stated the plan %8 5 APC Minutes January 24, 1984 • was to remove most of the cars and indicated that the property is being rented with the renters stabling the horses on the property. Questions concerning the size of the fenced area and the type of fence were asked by members Wilkins, and there were also concerns about the nearness of the property to Pilot Knob Road,. the residential character of the neighborhood and the need for variance under the 5 acre minimum for agricultural purposes. Noting the objections that were submitted by neighboring 'owners, Mulrooney stated that there was no showing of any practical difficulties or hardships according to ordinance requirements and was also concerned about precedent problems and the fact that it was rental property. Krob moved, Mulrooney seconded the motion to recommend denial of the application based upon the concerns of the neigh- boring property owners, and that there was no hardship shown or practical difficulties. All voted in favor. PERRY KIEFFER - CONDITIONAL USE PERMIT The public hearing regarding the application of Perry K1 er for condi- tiona se permit for personal storage located at 3955 Dod /Road was brought before th Council. Dale .Runkle stated that the Kieffer eoperty is approxi- mately 5 ac and is presently a farmstead with Za,'�� and new pole building constructed on property. The City staff issuermit in late 1983 forthe pole barn notthat it was on agriculturalrty. Mr. Rieffer is a collector of antiqu ars and has a rental caress for which he has requested space to stor some of the vehicle a presently owns himself or with his business. Mr. K1 fer was present nd stated that he has approxi- mately 30 vehicles stored outs a with .40/ x 50 vehicles inside at the present time and not all are licensed. A ighbo ng owner had concerns as to whether the proposal would meet the ordinan guidelines. Mr. Kieffer stated that he would agree to license all of the a'o biles if it was a requirement of the City and also may request a permit or an ditional pole building in the near future. He also stated that he/ ould agree ith the annual renewal condi- tional use permit if the reque' was imposed. ter discussion, McCrea moved, Krob seconded the motion to r ommend approval of a application, subject to the following conditions:/ 1. All vehicl stored on the property shall either have collector's license plates or c ent license plates in order that a jun\1eaet type of facility would of be created. 2. The onditi0na1 use permit shall be renewed at three years unle objectionsarise and the City determines thatce is not bei omplied with. No more than 40 vehicles shall be stored outside at any one time: 4. The property shall not be used for commercial purposes. • All voted in favor. ?9 6 Agenda Information Memo February 21, 1984 City Council Meeting • Page Twelve CONDITIONAL USE PERMIT/COMMERCIAL STORAGE FACILITIES B. Perry Kieffer for a Conditional Use Permit for Commercial Stor- age Facilities in an Agricultural Zoning District -- A public hear- ing was held before the Advisory Planning Commission at a regular meeting held on January 24, 1984, to consider an application sub- mitted by Perry Kieffer requesting a conditional use permit for outside storage. The Advisory Planning Commission is recommending approval of the application. For additional information on the item, refer to the City Planner's report, a copy is enclosed on pages_ through �- for your reference. For additional on information action that was taken by the APC, refer to a copy of their minutes enclosed on page(s) $ 6 ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a condi- tional use permit for commercial storage for Perry Kieffer. • LJ Agenda Information Memo • February 21, 1984 City Council Meeting Page Thirteen TRI -LAND COMPANY/PRELIMINARY PLAT FOR SUNSET 4TH ADDITION C. Tri -Land Company Inc., Brad Swenson for Preliminary Plat for Sunset 4th Additional Containing 15.16 Acres with 32 Single -Family Lots -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on January 24, 1984, to consider an application that was submitted by Tri -Land Company for a preliminary plat entitled Sunset 4th Addition, consisting of approximately 15.16 acres and would contain 32 single-family lots. The Advisory Planning Commission is recommending approval of the preliminary plat. For additional information on the Item, refer to the City Planner's report, copies enclosed on pages 1843 through On� For action that was taken by the APC, refer to a copy of eh it minutes found on page(s) /6p - %O "L The Advisory Parks and Recreation Commission is recommending a cash dedication requirement for this plat. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the pre- liminary plat for Sunset 4th Addition as proposed. • Special Note: Enclosed on page 10 3 is a copy of a letter received regarding this item. Also enclosed is a memo from the Director of Public works found on page la�. • 67 • CITY OF EAGAM SUBJECT: PRELIMINARY PLAT, SUNSET 4TH ADDITION APPLICANT: TRI -LAND CO., INC., BRADLEY SWENSON LOCATION: PART OF THE NA OF THE NWa OF SECTION 25 EXISTING ZONING: R -II (MIXED RESIDENTIAL) WITH A DENSITY OF 3-6 DWELLING UNITS PER ACRE - LEXINGTON SOUTH PUD DATE OF PUBLIC HEARING: JANUARY 24, 1984 DATE OF REPORT: JANUARY 18, 1984 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been submitted requesting preliminary plat, Sunset 4th Addition, consisting of approximately 15.16 acres and would contain 32 single family lots in part of the NA of the NA of Section 25 south of County Road 30 (Diffley Road), west of Saddlehorn Addition and north of Hackmore Drive. ZONING AND LAND USE • Presently, the parcel is zoned PD (Planned Development District) in the Lexington South Planned Development. The proposed land use de- signated for this parcel is R -II (Mixed Residential) with a density of 3-6 dwelling units per acre. The Comprehensive Guide Plan desig- nates this parcel as R -I and R -II with the northeasterly portion being R -I (Single Family Residential) with a density of 0-3 dwelling units per acre; the westerly portion of the plat is designated is R -II (Mixed Residential) with a density of 3-6 dwelling units per acre. The overall plat density contains 2.2 dwelling units per acre, thus conforming with the R -I proposed land use of the Comprehensive Guide Plan. COMMENTS As stated above, the proposed development will contain 15.16 acres and would contain 32 single family lots. Each of the proposed single family lots would meet all of the R-1 zoning requirements which is 85' lot width and 12,000 square feet. The net density of this de- velopment proposal is 2.2 dwelling units per acre which is a low den- sity for single family development. The proposed plat abuts Sunset 1st Addition on the most easterly por- tion of the plat. The access to Sunset 4th Addition would be through Sunset 1st Addition where Richard Lane will tie into Yorktown Place •and provide access from the east. Access from the west, Yorktown Place, will be stubbed from Northview Meadows to this proposed devel- opment. There will be two access points to this plat for good traffic M. CITY OF EAGAN PRELIMINARY PLAT, SUNSET 4TH ADDITION • JANUARY 24, 1984 PAGE TWO movement. The applicant is proposing a looped street, Sunset Drive, which would provide access to all of the single family lots south of Yorktown Place. In review of the surrounding land use, there appears to be three single family residences abutting this plat on the south. Two of the residences contain approximately 5 acres and would have access from a private street at the present time, which, in the future, may be the extension of Hackmore Drive. Presently, it is not proposed to develop Hackmore Drive or upgrade Hackmore Drive with this preliminary plat be- cause the lots do have access from other streets which will be construct- ed to City standards. If approved, the preliminary plat should be subject to the following conditions: 1) All lots shall meet the minimum R-1 zoning criteria which is 85 -foot lot width and 12,000 square feet. 2) The applicant shall dedicate all easements as requested by City staff. 3) All other City ordinances shall be met. • DCR/jach ENGINEERING RECOMMENDATIONS 4) A detailed grading and erosion control plan be submitted for staff review. 5-) If utilities are to be installed privately, then the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. 6) Right-of-way for Yorktown Place shall be extended to the east boundary line of the Sunset 1st Addition. 7) This development shall be responsible for placing the gravel base for Yorktown Place. 8) A minimum 25' half right-of-way shall be dedicated for Hack - more Drive. 9) Utility and drainage easements shall be dedicated as refer- enced in this report. 10) All future costs for public improvements shall be the sole responsibility of this proposed development. • CITY OF FAGAN •PRELIMINARY PLAT, SUNSET 4TH ADDITION JANUARY 24, 1984 PAGE THREE • 11) The developer shall submit a petition for the street improve- ment of Yorktown Place as a condition of final plat approval. 12) Utilities shall be extended to the east line of the Sunset 1st Addition. 13) Lots 6-10 of Block 1 shall be divided into a lot and outlot. RMH/jach 1E • MEMO TO: THE ADVISORY PLANNING COMMISSION, C/O DALE C. RUNKLE, CITY PLANNER FROM: RICHARD M. HEFTI, ASSISTANT CITY ENGINEER DATE: JANUARY 16, 1984 SUBJECT: SUNSET 4TH ADDITION 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 This proposed development is located directly east of Northview Mea- dows Addition and south of County Road 30-. The existing topography consists of rolling hills with the south half of this portion drain- ing to the south and the north half of this portion draining to the east. The southerly portion of this proposed development slopes rather steeply to the south with the slopes approaching 18%. Slopes in the northerly portion of this proposed development range from 28 to 158. Figure 1 illustrates the relationship of this proposed de- velopment being located partially within the J and L major drainage districts as defined by the Master Storm Sewer Plan. • The proposed grading will result in a low spot being in the vicinity of Lot 9, Block 2 with all the drainage north of the proposed street being directed towards it. From here, it is directed to the east via storm sewer through the Sunset lst Addition and then to the north to a holding area just south of Pond JP -27. UTILITIES Existing utilities of sufficient size, capacity and depth exist with- in the proximity of this proposed development to provide service to it. Watermain for this proposed development is proposed to be looped through this development from an existing 6" watermain within York- town Place to the watermain constructed within the Sunset lst Addi- tion. Sanitary sewer for this proposed development is proposed to be serviced by extending the sanitary sewer proposed to be construct- ed within the Sunset lst Addition. This sewer and water should also be stubbed to the east boundary of the Sunset lst Addition to facil- itate future utility extensions to the property to the east. If utilities are to be installed under private contract, then the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. • STREETS Access to this proposed development consists of a public street named Yorktown Place located within the Northview Meadows Addition and abuts �Z ENGINEERING REPORT SUNSET 4TH ADDITION PRELIMINARY PLAT • JANUARY 16,.1984 PAGE TWO the west boundary of this proposed development. It is proposed to extend Yorktown Place to the east and provide in- ternal access by way of a public looped street. The public looped street will provide for excellent traffic flow, however, staff would recommend that Yorktown Place be extended to the east boundary of Sunset 1st Addition. This would provide a connection with the pro- posed north -south street within the Sunset 1st Addition and greatly improve the traffic circulation. The developer proposes to construct the internal street under pri- vate contract and petition for the City to install the curb and gut- ter and bituminous paving for Yorktown Place. Staff has no problem with this as long as it is made a condition.of the final plat for the developer to provide the gravel base for Yorktown Place. RIGHT-OF-WAY/EASEMENTS The developer is proposing a 60' right-of-way for Yorktown Place and a 50' right-of-way for the internal street, Sunset Drive, which staff concurs with. However, staff strongly recommends extending the right- of-way for Yorktown Place from the east boundary of this preliminary plat as proposed to the east boundary of Sunset 1st Addition for rea- sons previously mentioned. Also, a minimum 25' half right-of-way shall be dedicated for Hackmore Drive along the southerly border of this proposed development. A 10' utility easement shall be dedicated adjacent to all publicly dedicated right-of-way along with a 5' drainage and utility easement being dedicated adjacent to all exterior lot lines with a 10' drain- age and utility easement being dedicated over all interior lot lines. In addition, the necessary storm sewer easements required by the pro- posed alignment across Lot 11, Block 2 of this proposed Addition and Lot 4, Block 1 of the Sunset 1st Addition will be required to be dedi- cated and/or obtained. ASSESSMENTS In reviewing the assessments levied over this proposed development which consists of Parcel 010-27 and 021-27 of the NW's of Section 25, it was found that all trunk related assessments have been levied. Subsequently, all future costs for public improvements shall be the sole responsibility of this proposed development. MISCELLANEOUS As proposed, this development will pose a problem in the future re- garding the construction of streets and utilities within Hackmore Drive since Lots 6-10, Block 1 will have double frontages. Subse- • quently, it will be difficult to assess any benefit resulting from utility and street improvements within Hackmore Drive to these lots, thereby jeopardizing the financing of any such projects. Therefore, 1 a- ENGINEERING REPORT • SUNSET 4TH ADDITION PRELIMINARY PLAT JANUARY 16, 1984 PAGE THREE staff would recommend that Lots 6-10, Block 1 be subdivided each into two lots with the additional lot being labeled an outlot. This would provide the owner of a lot ownership and control over the outlot should it elect to be included with this purchase and also allow the City to assess the benefits resulting from the improvements of Hack - more Drive. An alternate to this would be for the developer to provide an escrow account for the costs of improving Hackmore Drive which may be drawn against upon the improvement of Hackmore Drive. Finally, a last al- ternative is to leave the plat as proposed thereby encumbering the City's trunk funds for future improvements within Hackmore Drive. i will be available to discuss any aspect of this report with the Ad- visory Planning Commission at their meeting of January 24, 1984: Respectfully submitted, Richard M. Hefti, P.E. • Assistant City Engineer RMH/j acti, • �3 \/ — \ . W! / ' J-35 l -` J- 32 /C J-3 `. —_ 2,r / �,10, -3162; PI r _.-�� ?� I J-661` =I l I / � � 1-38 � � J-67 � J-48 l _ J-46�\ \ \ J 49 of l l %o �-- a' J P 7 H' J-47 I AU ITOR'S SUED. N0. 4} J -gyp I •.>::, cr �i LijJ-51 Y -- J 451 r -5201 , ® o Z. ` I 1 r f ` �. bject el i J 8 — - L- 21 - -' EI _ I L -25\ r L i A L-31 L-29 I L i 23 33 ,; = FIG`. 1 j L L-3 ,/ L-36 -36 PRELIMINARY PLAT: SUNSET 4TH ADDITION uourno YORKPLACE ST. e S 4 ~ OR• . g 3 r SUNSET a.ue.a.,. •e ';•� 9�OG •e• u nsa0•an. ord• ao as 11 e 1 2 3' 5 p • .v E .uua,,.go e• 0, o + .• .' K 1 . : ' �8 •e ,•' Oc+ L •+ JF 6 S 8 w a 1 •,4ua•an 0s ' u•u.eenn �a' e •o u ,a.e•e•a,4 e liI . 11 2 <\ ... SITE DATA: 4ae•4 ea0cu,11e• .... ,n •. u. •... w V uca• r,a, •.0 -. \ u,eeown. ._ 0 • 3 ,so PRELIMINARY PLAT: SUNSET 4TH ADDITION uourno YORKPLACE ST. e uuurne S 4 ~ OR• g \•?°e.• SUNSET a.ue.a.,. •e ';•� 6o u nsa0•an. ,as ao as 11 e 13 5 p • .v E .uua,,.go e• 0, o + .• .' K 1 . : ' �8 .° ,•' Oc+ U, •+ JF 6 S 8 10 uuurne aema •-a ..0,0840 ao.ue n, uu u.0 ••r• 606,•60 •aa. TRI—LAND inc. ,... S .so u ';•� u nsa0•an. 11 13 .uua,,.go rl.'. rM U, 10 t 12... +pac6u u•u.eenn ' •o ,a.e•e•a,4 liI . 11 <\ ... SITE DATA: 4ae•4 ea0cu,11e• .... ,n •. u. •... w ..n6n20 uca• r,a, •.0 -. 0uun a... um nu• ._ aema •-a ..0,0840 ao.ue n, uu u.0 ••r• 606,•60 •aa. TRI—LAND inc. ,... " dd X14; E c1 ^: u $OUTH �IN D ;,TH• 35 FE F; HE `gyp D PRELIMINARY PLAT: SUNSET 4TH ADDITION v }'� .', bl ¢ 3?INC A ILD r CE� �k- W-- L F�);-';; F jf) I \ I t 1.77 + N TH Lin E 316/2 OF ITSE N 1 Y l 13 •li ]2 ,..il,'` O �� { H NN 4 $EC\ 2 :,� "• HI L, y Z A. / 1 -N- �IB 1. • 0`. Yl ` ,` , 960 9 —, ITL%^ 969 RADING AND DRAINAGE PLAN . 16 t _ . �\6,'' narow •os un.nen O 950 9 94t / S�111Vy / jib s TV 111 ri_�.. \' � F 14 s G 2 3 2. 3 3 4--1 4 1 5 1-1 7 PRELIMINARY PLAT:' SUNSET 4TH ADDITION 8 9 1 1 10 a le 15 14* 13 12 11 13 avo 10 12 9 7 PLAN UTILITY 8 9 1 1 10 a RB Ind 66." CCMMERCIAL PL.AhB-JEDDEVELOPPAENT RIS —Ind, . •Vi ,Vl _. POSEMOUn T•J i._ A SUBJ CT PARCAPP �AII I -Wy. HSI eL � Z. ' Z, P D W 74-1 3 • ~Y. • 4r. cr of A - 'F i I 'F i �A A SUBJ CT PARCAPP �AII I -Wy. HSI N: I' Z. ' Z, P D W 74-1 cr of A - I IAKW000 GHT A 0 MINIM L'-'II-�l ay'�tir -+yJ`rL, Il I XL AUDITOR'S SUED. N0. a2 -- - A - - -- • is n LJ APC Minutes January 24, 1984 5. The plat shall be subject to the Dakota County Plat Com�l'ssion's band comment because it abuts County Road right-of-way. 6. detailed grading, drainage and erosion control p n must be sub- mittfored royal depicting the proposed measures to St ilize side slopes and disturbed eas. 7. A storm wer detention ponding system sZbe constructed in the NE 1/4 of this propos development. 8. Adequate utilit easements shall provided over the water main nsions hydrant lead exte. / 9. This development shall e r ponsible for its residential' street equivalent assessment for the 283 f t of front footage adjacent Pilot Knob Road to cover future upgrading. a al escrow amount shall be determined utilizing 125% of the residentiaZ street uivalent rate for multiple dwell- ings subject to reconsidera on, modifica ton or elimination by the City Council at the time of fins plat approval. 10. That the games on the east end of th West building shall be realligned to allow grater emergency vehicle turning a a. All voted i favor, except Hall who opposed the prbvision regarding escrowing funds or future Pilot Knob Road upgrading and stat that the City has not requi d that in the past. Mulrooney then moved, Hall econded the moti/torest the staff undertake a studyconcerning the pro iety and proceadvanced collections for potential assessments for pu is im- provencluding street improvements prior to the improvements eing insta that the staff report its findings to the City Council. All votednavor. SUNSET 4T9 ADDITION - PLAT The application of Tri -Land Company and Bradley Swenson for preliminary plat approval of Sunset 4th Addition, consisting of approximately 15.16 acres with 32 single family lots in part of the Northwest quarter of the Northwest quarter of Section 25 south of Diffley Road, west of Saddlehorn Addition and north of-Hackmore Drive was next heard. Dale Runkle introduced the project and noted the parcel is zoned Planned Development and is a part of Lexington South PD. The proposed land use is R -II with a density of 3 to 6 units per acre and the overall plat density would contain 2.2 dwelling units per acre. The minimum guidelines under R-1 zoning will be met in the proposal and it was noted the applicant is.proposing a looped street, Sunset Drive, which would provide access to all of the single family lots south of Yorktown Place. Brad APC Minutes January 24, 1984 • Swenson, and Jim Curry appeared for the applicant. Mr. Swenson explained the slope features and heavy tree cover on the south and stated there is little chance of the southerly portion of the lots being developed because of the slope. There are smaller lots to the north and larger residential' lots to the south and it was suggested that the lot sizes make a reasonable transition. He stated that neighborhood meetings have been held.and no objections have been received, in ,fact, neighbors generally approved the project. The owner of the property to the east appeared and supported the proposal as well as other property owners who were in support of the project. There was discussion concerning the proposal of the engineering staff to provide that the southerly lots be divided, including outlots on the south side of each lot to allow future development, also assessments for the possible extension of Hackmore Drive in the future. Member Rrob stated that the Planning Commission and Council must listen to the staff recommendations and not only look at the immediate development but the long-term city responsibility, but also was aware of the transition from smaller to larger lots to the south. Mr. Sauter, an owner to the south, was present and stated that he may need access to Hackmore Drive extended if his land is subdivided. Wilkins moved, McCrea seconded the motion to recommend approval of .-the application subject to the following conditions: 1. All lots shall meet the minimum R-1 zoning criteria which is 85 -foot • lot width and 12,000 square feet. 2. The applicant shall dedicate all easements as requested by City staff. 3. All other City ordinances shall be met. 4. A detailed grading and erosion control plan shall be submitted for staff review. 5. If utilities are to be installed privately, then the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. 6. Right-of-way for Yorktown Place shall be extended to the east boun- dary line of the Sunset 1st Addition. 7. This development shall be responsible for placing the gravel base for Yorktown Place. 8. A minimum 25 foot half right-of-way shall be dedicated for Hackmore Drive. 9. Utility and drainage easements shall be dedicated as referenced in • this report. 101 10 • • • APC Minutes January 24, 1984 10. All future costs for public improvements shall be the sole respon- sibility of this proposed development. - 11. The developer shall submit a petition for the street improvement of Yorktown Place as a condition of final plat approval. 12. Utilities shall be extended to the east line of Sunset 1st Addition. All voted in favor except member Krob who voted no, indicating that he felt that the southern lots should be subdivided as recommended. SUNSET 5TH ADDITION - PRELIMINARY PLAT The application of Joseph Hoffman for preliminary plat approv1 of Sunset 5th Addition consisting of approximately one acre containing two Ingle family lots located the west side of Dodd Road, immediately nort of.Saddlehorn Addition was ne heard. Dale Runkle detailed the app1ica ion and the City Public Works Depar nt recommended that an over plan or the land to the west be submitted to ovide for access to that parcel, ich otherwise could be cut off except Dodd A d to the north and west. Th a were no objections to the application and the eveloper indicated that a would be willing to dedicate 25 feet along the rth line for street ccess purposes, but re- quested that no street assessme s be levied on t property for that street. The developer also asked, becau of time co traints, that the Planning Commission recommend approval subje to the d ermination of the location of a street in the future. Mulrooney mov Kro seconded the motion to continue the motion to the next regular meeting d nstructed the developer and the staff to work toward a resolution of the ess problem from the land to the west. All voted in favor. ORDINANCE Chairman Hall statedthat informal discussion of the proposed Shore - land Ordinance No. 77 will to place at the next regul Planning Commission meeting with a formal hear concerning the ordinance a the regular March 1984 meeting. KNOLL - PRELIMINARY PLAT The staff iicated that attempts have been made to contact the eveloper of the propose Pheasant Knoll plat with no success. McCrea moved, M rooney seconded the _tion to eliminate the application from the agenda and i the event the veloper wishes to reappear, that a new application be submitted. All voted n favor. 102 VO CU l COOL/ APC Minutes ek(A January 24, 1984 ��S PAST COMMITTEE MEMBERS Member Krob sugg ed that the staff make a pro past Advisory Planning Com Sion members. • 1 as to recognizing Upon motion duly made and sec ded, `bk�e meeting adjourned at 11:55 p.m. All voted yes. retary 12 PHH • • rebruary 12, 1984 Eagan City Council Eagan City nall Lagan, Minnesota Lear Eagan City Council, my wife and I will not be able to attend the February 21 City Council meeting. We understand the preliminary plat for Sunset Four Addition will be on the agenda and since this development adjoins our north property line we want you to know our views. As we told the City Planning Commission, next to no development this plan was the best we've seen. From our point of view the large size lots on the south are the most attractive feature and are critical for our support of this development. This feature makes a perfect transition between the low density housing to the south and the higher density housing in the north part of the development. In addition it preserves the trees and the rugged terrain of the area that attracted us to this area thirteen years ago. • We ask that you do not change the status of these larger lots and approve the plan in the same manner as the Planning Commission. Thank you very much. Sincerely, Betty and perry Sauter 750 Backamore Drive 454-7754 l� is 103 MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR • FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: FEBRUARY 17, 1984 SUBJECT: PRELIMINARY PLAT - SUNSET 4TH ADDITION During the staff review of this proposed subdivision, the Engineer- ing Division recommended (#13) that Lots 6-10 of Block 1 be divided into outlots fronting onto Hackmore Drive to eliminate the proposed double frontage of these lots. This recommendation was omitted from the approval granted by the Planning Commission with no sug- gested alternative to future problems associated with financing the upgrading of Hackmore Drive. The attached map shows the location of the proposed Sunset 4th Addition to the dedicated right-of-way of Hackmore Drive. If the Sunset 4th Addition does not wish to have lots fronting on to Hack - more Drive and subsequently retain the larger -sized lots, then I would strongly recommend that the Council make it a condition of this plat approval to pay a residential equivalent assessment to the City which could be applied to any future costs associated with the installation of streets and utilities when Hackmore Drive is upgraded and connected to the recently completed street within the Northview Meadows subdivision. If this financial obligation is not a requirement of the final plat, it will become the City's financial responsibility to pay for one-half of the costs associated with the upgrading of streets and utilities within Hackmore Drive when it occurs in the future. This is due to the fact that we will be limited in the amount of the costs that can be assessed on the property on the south side to the benefit received from those improvements. Therefore, I strongly recommend that the Council require this future obligation of the subdivision to be paid now to cover the City's future finan- cial responsibilities. As an alternative, these lots could be split with adequate frontage and square footage taking direct access from future streets and utilities from Hackmore Drive. However, if this alternative is approved, it would require the upgrading of Hackmore Drive at the present time to provide these newly -created lots with standard streets and utilities. I would like to discuss the concerns of the Public Works Department with the City Council in relationship to the elimination of the recommendation as approved by the Planning Commission in hopes that a satisfactory alternative can be agreed upon. • Respectfully submitted, Voo Director of Public Works 10 n TAf /k f Zo eMtO erao e go-= :i:n:::i:Y:?3�a2-:v "�. in: `::t;y ✓'e/� � a3T'N /UJYIT1r "" 5rq Y ,$t { F.t } {t �}}° o .lTrr r ...•..!� .M. :r I raw �- � u :t�5}} oot oa°} S`�•'`.+`...•.t+..w' � �Firo ei=� el -ax, F } • e x e _ •• { r u .k :::.: }:; .v tl: o. .. a _ •.G.o it .x �� 10-010 PA XMIX............:::..:...... W e. ....... - � .-__ '' .� I `i••F '4�'r �. • mai �I K'.�I of yl �at^��p�c+ eveee r vr-�" � py.. i- 1`.{ k,n•�° •fh: 9r' i �i }'S of;A�c.��! 7 �� ..w.• . �I' � i.' ye' � * ,ee `�: �•' r eiY• • 6 '�y��1. ' .•e - .�. r1 �- iii e•ti y: f1�; �a� .��•i:�e �! • A� Y * Ck _`�•` --�--0f"B/M--F6'A4.5�9.V%O<Y"-.—}[d�lS--,I.ENI�oT=•R;.�Sr- so- • • 1J Agenda Information Memo February 21, 1984 City Council Meeting Page Fourteen BURNSVILLE/EAGAN CABLE COMMISSION UPDATE A. Burnsville/Eagan Cable Commission Update -- Since the Burns- ville/Eagan Cable Commission has now completed four (4) regular meetings in addition to considerable committee work, it seemed appropriate to place this item on the agenda and allow City Council - member Smith, who is Chairman of the Joint Commission, and City Administrator Hedges to update the City Council on progress the Commission is making to date. The City Council may want to review minutes that have been provided with the last informative memo to determine whether they have any questions that might be of interest to the City Council for discussion purposes. The City Administrator will provide a brief status report previous to any discussion. (1P� ye 100, /aS M Agenda Information Memo February 21, 1984 City Council Meeting Page Fifteen • MNDOT COST PARTICIPATION AGREEMENT #61824 (I-494) B. Approve MnDot Cost Participation Agreement #61824 (I -494) - As discussed under the public hearing for Project 349, the progres- sion of I-494 to the east with its interchange with T.H. 14.9 results in a relocation and upgrading of east and west Blue Gentian Road to City standards. Due to the fact that these local streets require cost participation from the City to accomplish this upgrading to City standards, it is necessary for the City to enter into a cost participation agreement with MnDot. The City's obligations under this MnDot agreement have been reviewed in detail by the Public Works Director and consulting engineer and found them to be in accordance with standard policies for joint construction and cost participation. The City's obligations associated with this cost participation agreement have been taken into consideration and addressed as a part of the feasibility report for Project 349. Therefore, if the public hearing for Project 349 is closed and the improvements ordered for installation earlier in the agenda, it would be in order for the Council to approve this cost participa- tion agreement providing for the City's financial obligation associated with those improvements. • ACTION TO BE CONSIDERED ON THIS ITEM: To pass/deny a resolution approving Cost Participation Agreement #61824 authorizing the Mayor and City Clerk to execute all related agreements and documents providing for financial obligation of the City associated with the upgrading of east and west Blue Gentian Roads as a part of I-494. • 106 Agenda Information Memo February 21, 1984 City Council Meeting • Page Sixteen MNDOT COST PARTICIPATION AGREEMENT #61932 (I -35E C. Approve MnDot Cost Participation Agreement 061932 (I -35E) -- As it was discussed under Project 372 during the public hearing earlier in the agenda, there are several street and utility improvements associated with the progression of I -35E that become the City's financial obligation. Subsequently, a cost participation agreement has been prepared by MnDot delineating the City's financial responsibilities associated with the upgrading of these local improvements to City standards. This agreement has been reviewed in detail by the Public Works Director and consulting engineer and the financial responsibility delineation has been found to be in accordance with present policies for cooperative joint construction and cost participations. All the improvements delineated in Project 372 presented under the public hearing earlier on the agenda have been taken into consideration in this agreement as it pertains to the City's responsibilities. If the public hearing for Project 372 is closed and the project approved as presented, it would be in order for the Council • to approve this cost participation agreement so that this work can be performed cooperatively under a MnDot contract. ACTION TO BE CONSIDERED ON THIS ITEM: To pass/deny a resolution approving MnDot Cost Participation Agreement #61932 and authorizing the Mayor and City Clerk to execute all related documents and agreements. MNDOT COST PARTICIPATION AGREEMENT #61933 D. Approve Dakota County Cost Participation Agreement (MnDot Agreement #61933 - Diffley Road and Pilot Knob Road -- As a part of the I -35E progression through the City of Eagan, certain improvements will be performed cooperatively under a MnDot contract for the upgrading of County 30 (Diffley Road) and County Road 31 (Pilot Knob Road). MnDot Agreement #61933 is a cost participa- tion agreement between the State and the County due to the juris- dictional authority of the county roads being approved under a state contract. However, present City policy requires that any improvements to county roads be the joint responsibility of the County and the benefitted municipality on a 55/45 split of costs for all road improvements and related appyrtenances. Therefore, the County has prepared a cost participation agreement between the County and the City delineating the City's share of the costs associated with the County's responsibility as • a part of MnDot's cost participation agreement. lo -7 Agenda Information Memo February 21, 1984 City Council Meeting Page Seventeen • All proposed improvements associated with this cost participation agreement with the County have been taken into consideration and included in the feasibility report for Project 372 presented earlier on the agenda under public hearings. The Public Works Director and consulting engineer have reviewed this cost participa- tion agreement in detail and found it to be in conformance with present policies of delineation of financial obligations between jurisdictional agencies for related improvements. Therefore, if the public hearing is closed and Project 372 ap- proved earlier on the agenda under the public hearing items, it would be appropriate for the Council to approve this cost participation agreement between the City and the County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Dakota County Cost Participation Agreement relating to MnDot Agreement 461933 for the upgrading of Diffley Road and Pilot Knob Road associated with I -35E and authorize the Mayor and City Clerk to execute all related documents. • L Agenda Information Memo • February 21, 1984 City Council Meeting Page Eighteen CONTRACT 84-1/LONE OAK ROAD-T.H. 55 WATERMAIN E. Contract 84-1, Receive Bids/Award Contract (Lone Oak Road/T.H. 55 - Watermain) -- On November 15, 1983, the public hearing was held and a project approved which consisted of three parts: Part 1: Construction of trunk watermain along the west side of T.H. 55/149 through the intersection of Lone Oak Road and westerly extension within Lone Oak Road from this intersection due to pending intersection improvements by MnDot during 1984. The segment of trunk watermain from Lone Oak Road southerly to the extension of Apollo Drive was bid at a 24" -diameter with an alternate bid requested for a 20" -diameter trunk watermain for this segment. The City's consult- ing engineer and Public Works Director will be evalu- ating the cost benefit of reducing this watermain size and will have the information available to the Council for consideration of the alternate bid at the meeting on February 21. • Part 2: This consisted of relocation of hydrants and lowering/ insulating the existing watermain and relocating fire hydrants along the west side of T.H. 149 by General Coatings Inc. in anticipation of the future frontage road to be constructed by MnDot during 1984. Part 3: This involves the westerly extension of trunk water - main facilities from Pilot Knob Road, at its inter- section with Duckwood Drive, in anticipation of the future upgrading by MnDot during 1984. This work was not originally contained in the feasibility report as it was anticipated to be performed under a MnDot contract. Regardless, this work will be the full responsibility of the trunk watermain with no related assessments. As such, it was not necessary to have it included in the original feasibility report. However, because MnDot could not incorporate it in their construction plans in a timely fashion, it was determined to be in the City's best interest to add this trunk related work under this contract for bidding purposes. Enclosed on page10 is a tabulation of the bids received at the official bid opening held on February 16. Due to the necessity of this project and the favorable bids received, the staff is recom- mending that the Council receive the bids and award the contract 109 Agenda Information Memo February 21, 1984 City Council Meeting Page Nineteen to the lowest responsible bidder, w d G Rehbein Bros., Inc. Veri- ification of the bid amounts will be reviewed and discussed with the City Council along with the staff's recommendation for consider- ation of accepting the alternate bids submitted. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 84-1 and award the contract to the lowest responsible bidder. • r1 U • • $130,200 Our File No. 49290 FEASIBILITY REPORT LONI-- OAK ROAD ANI1 I'll NO. 55 NA 135,420.00 THUNK WATERMALN 22,075.52 146,388.51 PROJECT NO. 391 112,010.12 EACAN, MINNESOTA F.R. (-) 4.768 (-)48.078 NA CONTRACT 84-1 ALTERNATE (-)10.158 BLD TIME:Iii:30 A.X., C.S.T. BID DATE: Thursdav, FeC•. Au, 1984 CONTRACTORS TOTAL BASE BID ALTERNATE 1) W & G Rehbein Bros. $146,388.51 $139,673.01 2) Encon Utilities, Inc. 149,966.10 143,306.10 3) Hydrocon, Inc. 152,899.00 146,794.00 4) Robert W. Moore 153,443.00 147,338.00 5) Hayes Constructors 154,990.25 150,550.25 6) H.B.H. Construction Co. 154,998.25 148,338.25 7) Dawson Construction Inc. 155,247.00 148,587.00 8) S. M. Hentges & Sons 155,252.54 150,812.54 9) 00) Austin P. Keller Construction 155,574.00 150,024.00 Crossings Inc. 157,364.20 149,927.20 11) 0 & P Contracting 159,637.76 151,767.86 12) Northdale Construction Co. 203,028.50 196,368.50 13) S. J. Louis Construction Co. NO BID NO BID 14) Erwin Montgomery Construction NO BID NO BID PART I PART II PART III TOTALS ENGINEER'S ESTIMATE $130,200 $19,000.00 $149,200.00 FEASIBILITY REPORT (F.R.)$124,660.00 $10,760.00 NA 135,420.00 LOW BID 118,725.62 5,587.37 22,075.52 146,388.51 ALTERNATE 112,010.12 139,673.01 8 OVER(+)/UNDER(-) F.R. (-) 4.768 (-)48.078 NA NA ALTERNATE (-)10.158 NA 11b Agenda Information Memo • February 21, 1984 City Council Meeting Page Twenty CONTRACT 84-3/ALMQUIST LAKE LIFT STATION F. Contract 84-3, Approve Plans/Authorize Advertisement for Bids (Almquist Lake Lift Station) -- On January 17 a public hearing was held for Project 393 providing for the installation of a trunk storm sewer outlet for Almquist Lake. The public hearing was closed and the project subsequently approved with authorization being given for the preparation of detailed plans and specifications. These plans have now been completed and are being presented to the Council for their review, approval and authorization to advertise for a bid opening. The consulting engineer and Public Works Director will be available to discuss the details of these plans with the Council at the meeting on February 21. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the plans and specifications for Contract 84-3 (Almquist Lake Lift Station) and, if approved, authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 15, 1984. CONTRACT 82-7/CINNAMON RIDGE 3RD ADDITION • G. Contract 82-7, Final Payment/Acceptance - Cinnamon Ridge 3rd Addition (Streets & Utilities) -- We have received a request for final payment for Contract 82-7 from our consulting engineering firm along with a certification of compliance with the approved plans and specifications which provided for the installation of streets and utilities to service the Cinnamon Ridge 3rd Addition. Taking into consideration the two change orders that modified the original contract amount, the final construction costs came in 2.58 below the original contract amount due to minor miscel- laneous quantity underruns. All cost associated with this project will be assessed against the development. All final inspections have been witnessed and verified by represen- tatives of the Public Works Department and it is now being recom- mended that this project be formally accepted for perpetual maintenance and that final payment be authorized to contractor. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the seventh and final payment of $25,707.03 to Austin P. Keller Construction Company for Contract 82-7 and accept the project for perpetual maintenance. r 1 U Agenda Information Memo February 21, 1984 City Council Meeting • Page Twenty -One 1984 SEWER & WATER UTILITY USER RATES H. Consideration of Sewer & Water Utility User Rates for 1984 As is customary on an annual basis, the Public Works Director had the consulting engineering firm of Bonestroo, Rosene, Anderlik and Associates, Inc. perform a study pertaining to sewer and water utility user rates in relationship to expenses and required revenue to maintain and provide sewer and water service for the City. A review of the approved 1984 utility budget, combined with antici- pated sales during 1984, resulted in this report conclusion and recommendation that the sewer and water user rates not be increased for 1984. A copy of this report is being forwarded to the Counci under separate cover for their review, comment and reference during consideration of this item. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the 1984 report on sewer and water utility user rate study and approve/deny the recommendation for no increase in rates during 1984. TRUNK -RELATED ASSESSMENT RATES - 1984 I. Consideration of Trunk -Related Assessment Rates for 1984 -- • In the past, the Public Work Director has had the consulting engi- neering firm of Bonestroo, Rosene, Anderlik and Associates, Inc., review the construction costs associated with completing our trunk systems (sanitary sewer, water, storm sewer, and major streets) and recommend appropriate rates to maintain the solvency of these funds through the levying of trunk -related assessments (area, lateral benefit, road user connection fees, street equivalent assessments, etc.). In the past, this information was included as an appendix to the annual sewer and water utility rate study. However, the Director of Public Works felt that this information should be expanded and addressed through a separate report for separate action by the Council. Therefore, forward to the Council under separate cover is a copy of this report for their review, comments and reference during consideration of this item on February 21. The results of this report indicate that the trunk -related assessments should be increased by an average of 5.08. It also established definitive rates for a zoned -equivalent rate (residential, multiple, com- mercial/industrial) to be used during the upgrading of major streets. The Public Works Director and consultant engineer will be available to discuss this report in detail with the Council as they desire • on February 21. IIa Agenda Information Memo • February 21, 1984 City Council Meeting Page Twenty -Two ACTION TO BE CONSIDERED ON THIS ITEM: To receive the report and approve/deny/modify the trunk -assessment rates for 1984. s/Thomas L. Hedges City Administrator TLH/hnd/kf • I k 3 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS • FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 17, 1984 SUBJECT: INFORMATIVE COMMUNITY ROOM The City has prepared a rather lengthy procedure for the use of the Community Room located at the Fire Administration Building. Scheduling the Community Room will be a function of Parks and Recreation and if the City Council is interested in reviewing the policy for use of the Community Room, please request and a copy will be distributed for review. It is anticipated that the Com- munity Room will be available within a month. MUNICIPAL LEGISLATIVE COMMISSION UPDATE Enclosed is a letter from Larkin, Hoffman, Daly and Lindgren law firm that provides a summary of the representation agreement they have entered into with the 14 cities. This letter provides a brief analysis of how the law firm will work with the 14 cities and I thought would be of interest to the City Council. The City Admin- istrator is attending an all -day meeting on Friday, February 17, along with City Administrators from the other 13 cities to work on position papers with the lobbyist. The next regular meeting of the joint commission is at 5:30 p.m. on Thursday, February 23, in the City of Roseville. Mayor Blomquist and the City Admin- istrator, as the City's two delegates, will be attending. A copy of the letter is found on pages 11 through 12 0 . INDEPENDENT SCHOOL DISTRICT #196/EAGAN HIGH SCHOOL ISSUE The City Administrator and Mayor Blomquist attended a school board meeting that was held on Monday, February 13, 1984. Needless to say, the meeting lasted from 7:30 p.m. to 12:30 p.m. with Eagan residents attempting to endure a long wait from 7:30 until 10:30 when the school facilities item was considered. Mayor Blomquist and the City Administrator will discuss in more detail what trans- pired at the school board meeting in a future workshop session. Enclosed is a copy of a letter and resolution that was submitted to the school board the night of the meeting. Mayor Blomquist will more than likely be suggesting that this resolution be adopted by the City Council as a matter of formal record. A copy of the letter and resolution are enclosed on pages 1 Z i through iZ 4 SPERRY SEMI -CONDUCTOR OPERATIONS NOISE PROBLEM • The City Administrator has met with the noise analyst from MPCA and as directed by the City Council, noise monitoring will occur 114 INFORMATIVE MEMO • February 17, 1984 Page 2 before and after equipment is installed at the Sperry Semi - Conductor facility. The City Attorney's office has been notified of the action that was taken at the last City Council meeting con- cerning legal direction if Sperry does not satisfy the noise problems that are being alleged by the Timberline Addition. A copy of a letter to Mr. Gustin and Mr. Nikolai from the City Admin- istrator is enclosed on page Ia 15L- . Also enclosed are copies of letters from Mr. Nikolai to David Kelso of MPCA and the Senior Vice -President of the Sperry Semi -Conductor operations, Mr. David Turcotte. These letters are enclosed on pages 1'2,(o through 110 Mr. Giblin and Mr. Nikolai have, since the last City Council meeting, filed criminal complaints with the Police Department asking that the noise problem be prosecuted as a public nuisance. The complaint is being reviewed by the City Attorney. RACE TRACK Enclosed on page 1 11 is a copy of a letter received from the City of Mendota Heights and also an page13 is a copy of a letter received from the City of Sunfish Lake regarding their positions on the proposed horse racing facility site in the City of Eagan. This week, a statement was made by Ray Glumack on WCCO that would appear to the average listener that MAC had problems with the horse • racing facility being located under the preferential runway in the City of Eagan. The statement about the race track came to the attention of the City's applicant, Minnesota Jockey Club, Inc., and in an effort to clarify Mr. Glumack's statement a meeting was held on Wednesday, February 15 in Mr. Glumack's office. The City of Eagan was asked by Mr. Pflaum for representation at the meeting and the City Administrator contacted City Councilmember Egan who joined the Administrator at the meeting. To reduce an hour and a half of dialogue to a few sentences is difficult but the main outcome of the discussion was that Mr. Glumack made it extremely clear that he is not an adversary of the Eagan horse racing site or any site for that matter and was merely addressing a question as to how the airport would regard any kind of land use that might threaten continued alignment designation of the preferential runway. Mr. Glumack responded by stating that the Metropolitan Airports Commission would be very concerned about any use that would cause any jeopardy to the preferential runway. The Minnesota Jockey Club, Inc. presented a three-page easement that guarantees the Metropolitan Airports Commission that they will provide permanent air rights for the preferential runway over their horse racing facility dismissing any public speculation that noise is a problem for the horse track. It was made extremely clear by Mr. Glumack that the MAC is not concerned about noise being a factor for the .horse track; any noise concern for the horse track is a private matter with the investors. This matter was cleared up and the easement will be filed with the application. Since the recent • i(s INFORMATIVE MEMO February 17, 1984 Page 3 city council meeting held on February 7, 1984, in the City of Mendota Heights has brought considerable news attention to the race track located in the City of Eagan, I felt copies of articles regarding that meeting might be of interest to the City Council. Enclosed on pages 13 j through A- are a cumber of copies of articles that have appeared in 1 cal`—newpapers. Also enclosed on pages L+4-14Sis a copy of a letter from the Inver Grove Heights Development Corporation informing Mayor Blomquist that their corpor- ation has endorsed the Eagan site and further that they're request- ing a similar endorsement from mayors of cities in Dakota County. WORKSHOP The City Administrator is suggesting that the City Council have a workshop session to address a number of miscellaneous items, one of which should be a meeting with the History Committee. A suggested date for that meeting is February 28 if the date is acceptable to everyone's calendar. A formal agenda would be prepared for the special workshop/City Council meeting; however, it is anti- cipated there would be no formal action taken. PROJECT 349, BLUE GENTIAN ROAD (Streets & Storm Sewer Improvements) City Financing -- On page 5 of the feasibility report for Project 349, the revenue sources to finance this project are • delineated in relationship to project cost and revenue receipt from assessments. You will note that the resulting balance indi- cates $178,544 will be the responsibility of "City and State" funds. The report was prepared this way to show that the assessment revenue as proposed under this project was not sufficient to cover the cost of the improvements being performed. However, through a cost participation agreement with MnDot, the State will be participating in a portion of these construction costs. Therefore, enclosed on pages( - is a subsequent summary of revenue sources that was performed to show the relationship of the MnDot cost participation in relationship to the project cost and assessment revenue. As can be seen from this subsequent summary, due to the significant cost participation on behalf of MnDot combined with the proposed assessment revenues, this results in a positive balance of $132,385 to the City's trunk storm sewer fund and $260,861 to the City's major street fund. This subsequent information is being forwarded to the Council to show that the significant negative balance on page 5 of the feasi- bility report does not imply that the City will be incurring a financial burden to our trunk funds if this project is approved. It also provides additional information to the Council in considera- tion of any special assessment consideration requests that have • been received. 116 INFORMATIVE MEMO February 17, 1984 Page -4 • Project 372, I -35E (Utility & Street Improvements) -- Financial Revenue Review The feasibility report that was prepared for Project 372 provided a revenue source breakdown on pages 47 and 48 to show the relation- ship between the cost of the project for various improvements, the assessment revenue that would be generated from this project and the resulting balance that would be the responsibility of "City & State" funds. This resulting total balance indicated a negative $846,767 deficit that would have to be financed through these city/ state funds. This information was presented this way to show that the revenue being generated from assessments was less than the cost of the overall project. However, through a cost participation agreement with MnDOT, the state and the county will be participating in some of these finan- cial liabilities. Therefore, enclosed on pages /4-1 through /5Q is a subsequent summary sheet of revenue sources which shows the balance after taking into consideration the financial participation of the state and the county. This summary sheet shows the actual financial obligation of the City's trunk funds which range from a negative balance of $103,930 to the trunk watermain fund to a • #285,174 positive balance to the major street fund if all assess- ments are levied as proposed under this project. It was felt that this information would be beneficial to the Council in helping to determine the benefit of this project in relationship to the or- dering of this improvement. The Public Works Director and Consulting Engineer can discuss this financial analysis in further detail at the Council meeting if de- sired by the Council. s/Thomas L. Hedges City Administrator TLH/hnd III .NEL R L+g4IN POD[wT L.Aw • R.O4D[wDM, L 1 0.9"N[T NDw[wW.DL•N' NNI•E N S LO W[NO[LL w,.NO... . . .CK -10 w/gCDCL DTLOCI AM. K uu1D MCNN []]P ROM.L0 P /LCTCN[w ,..to C. [R...aON EDWARD A ......LL NCS. L[. IONN. .UGM .... N FULLER JOSCP. w T..o N. DAVID C. SELLE.OP[. JOMN O. IVLL... ROO(RI C. 0011C P .CAR. A 0.SCML [R RFGCMAPD..19 r. .INT..[. J w. CHARLES S. MODELL J D.o[ i2 CN RIC ... 0 l JO.. SEAT,., PM[N ...01oroN J•N[a M SERO T...T [No[P'O. R[ICMOOTi LIND. M I.S.C. .DNAs P. ]TOLTM•N ST.Y" O. LEY.. February 8, 1984 L.ARKIN, HOFFMA\, DALY & LI\DURE\, LTD. ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER )HOG XERXES AVENUE SOUTH MINNEAPOLIS. MINNESOTA SS431 TELEPHONE 10121035-3000 TELECOPIER NO. 16121 035-5102 1)00 FIRST DANK PLACE WEST FEDERAL PRACTICE PARTNERSHIP 120 SOUTH SIXTH STREET LARKIN. MCCARTHY, NOEL 6 FALN MINNEAPOLIS. MINNESOTA 55402 TELEPHONE 16121 330-6610 Mr. James Lacina, Secretary/Treasurer Municipal Legislative Commission City of Woodbury Municipal Building 2100 Radio Drive • , Woodbury, Minnesota 55125 Dear Jim: SUITE 1110 1301 PENNSYLVANIA. N. W. WASHINGTON. O.C. 2000. TELEPHONE 12021737-1000 ACT[q n.8[CF JON S. SWIE.ZeWSPI n ICN.(, ], NA.d.LES w0"CS1 �. r .LI. L I..C.ST P. O ry N LIN "ICH ,C. JA N M A.N C. C. TI. N+N M.P. (. .O... 16.O.C.OK—N. TOPOr(n N.0 TOGO I. Iq[[n•N jasc c OOPLIN D[L PN r. a N .NOP[W A ITC LL O. MOCLLE. 10.. A. TCR • O..S . N. K.O. -en+] D. Lr DDN+LD .NCL L. MOLT 0.. N. L[NgM+N 1 '..0C[ + weTNW [I,(q JON 0. .. u ... ]MLP Rw. LL.IT M1VwLTICN S.D.. 0. PL ..UMII[TT SUSAN P. .... AMT SUSAN L. 0Q.AO ALAN L. -1130W P, WTcwN NAOMI NAOrM. WILL' +r SON O/COUNSEL JosEP. 01TIS LI.N J. II.CSIO.E I would like to take this opportunity to set forth a Representation Agreement as indicated in a letter you received from Jim Erickson dated February 1, 1984. That letter also contained our initial retainer invoice in the amount of $7,500. .Larkin, Hoffman, Daly 5 Lindgren, Ltd., is pleased and honored to undertake representation of the Municipal Legislative Commission (MLC) as special legislative and administrative counsel through June 30, 1984. As you know, the firm has recently commenced work on this undertaking following actions by the Municipal Legislative Commission in late January and early February selecting the firm as special legislative: and administrative counsel. The firm will undertake to represent the Municipal Legislative Commission on issues of concern to members of the Municipal Legislative Commission. It is anticipated that the firm, will work with -'several different public bodies with jurisdiction to consider these issues, including the legislature, state government agencies, the Governor's office, the Metropolitan Council and its related metropolitan agencies, and the newly -formed Minnesota Tax Study Commission. Robert G. Renner, Jr., and I have been assigned as attorneys with •primary responsibility for this matter. We will call -upon the services of other attorneys.in the firm who may have expertise or knowledge'useful in successfully resolving a particular issue. 119 LARHIN, HOFFMAN, DALY & LINDGREN, LTD. 9r. James Lacina February 8, 1984 Page Two At this time, we anticipate that Robert L. Hoffman, James C. Erickson, and Forrest D. (Dick) Nowlin will be actively involved. It is quite likely that other attorneys in the firm will also be involved in this representation. Ms. Deborah J. Grant, a legal assistant, will work closely with the attorneys assigned.to this file. The firm will undertake to monitor the activities of state and metropolitan governmental bodies. The firm will act as the spokesman for the Municipal Legislative Commission and its members.before state and regional governmental agencies on issues of concern. We will undertake to have adopted the policies and legislation consistent with the goals of the Municipal Legislative Commission.- The firm will provide regular updates, through written reports and meetings, regarding issues of concern to the Municipal Legislative Commission. We will coordinate the presentation of information, testimony, and proposals to various. governmental bodies and work closely with members of the Municipal Legislative Commission to develop the information and policies to be presented to the governmental bodies. Other services rendered will include legal analysis and drafting, attendance at Ietings of -the legislature and other governmental bodies, conferences th legislators, members of the' metropolitan agencies, staff, and other appropriate officials.- Miscellaneous services will, include telephone conferences, research, and review of documents and policy papers. The Lawyers' Professional Responsibility Board encourages attorneys to fully explain fee arrangements and the scope of representation in order to avoid misunderstandings. Therefore, I would like to address the terms of the representation. The firm is undertaking the representa- tion of the Municipal Legislative Commission, a new body formed under a joint powers agreement entered into by 14 suburban municipalities. In undertaking to represent the Municipal Legislative Commission, the firm does not undertake representation of any of the municipalities who are members of the Commission. As you are aware, the firm has appeared before municipalities on behalf of private clients of the firm. The firm will continue to appear before municipal bodies and agencies who are members of the Municipal Legislative Commission on behalf of private clients. We undertake representation of the Municipal Legislative Commission with the understanding that continued appearances before municipalities who are members of the Municipal Legislative Commission do not present a conflict of interest. As you also know, the firm is active in representing several other clients before the Minnesota Legislature, state agencies, and ietropolitan agencies. Should a situation arise where our repre- ntation of another client conflicts with our representation of the 119 LARKIN, HOFFMAN, DALY & LINDGREN. LTD. • Mr. James Lacina February 8, 1984 Page Three Municipal Legislative Commission, we will contact you immediately. We will then meet with you and the other concerned client to explain the nature of the conflict. Should it be impossible to resolve the conflict to the satisfaction of all parties, we may be required under the Code of Professional Responsibility to withdraw from representation on the conflicting issue. However, we would be able to continue to undertake representation of the Municipal Legislative Commission and other clients on all other issues. The fee for the representation will be a minimum -of $45,000,,plus costs and expenses, and a maximum of $60,000, plus costs and expenses. The Municipal Legislative Commission will receive an invoice for $7,500 for each of the months of January, February, March, April, May, and June. Costs and expenses, not to exceed $500 per month without prior approval, will also be billed on the invoices. All personnel providing services on this matter will record their time which will be billed at a rate of $75 per hour. In July, 1984, the Municipal Legislative Commission will receive a anal billing for expenses and total services rendered in excess of e $45,000 total of the regular monthly retainers. The firm guarantees that the additional fees billed in July of 1984 will not exceed $15,000, regardless of the total services the firm is called upon to render through June 30, 1984. I have enclosed for your information a copy of the firm's policy regarding payment of fees. We are all very excited and honored to have been chosen by the Municipal: Legislative Commission for this important task. We all look forward to working closely with members of the commission and achieving our objectives and goals. Thank you once again for the confidence you have shown in the firm. Sincerely, Richard A. Forschler, for LARKIN, HOFFMAN, DALY, & LINDGREN, LTD. RAF:ke Enclosure cc: MLC Operations Committee • 120 h�k dtV ®F ecogcon 3795 PILOT KNOB ROAD. P.O. BOX 21199 BEA BLOMQUIST EAGAN. MINNESOTA 55121 ^0� PHONE: (612) 454.8100 THOMAS EGAN JAMES A SMITH JERRY THOMAS THEODORE WACHTER CWCMP M' THOMAS HEDGES February 13, 1984 ON Aa ftffla EUGENE VAN OVERBEKE Gro Ck & BEVERLY ALBEE CHAIRPERSON INDEPENDENT SCHOOL DISTRICT #196 ROSEMOUNT MN 55068 Re: Resolution Requesting Information from Independent School District 9196 Dear Beverly: As mayor of the, fastest growing city in the State of Minnesota, I am often contacted by residents of our community who reside in Independent School District #196 concerning when construction will commence for the Eagan High.School. Without a doubt, most residents in our community who reside in ISD #196 believe a high school will be constructed in the near future on property which was purchased directly east of Northview Elementary School. The City of Eagan is regarded within the Twin Cities metropolitan area as the most viable community for growth and development in the next several years. Our planning commission and city council meetings are quite lengthy every month due to the number of new residential plats that are creating lots for further housing unit sites within the City. Most all of that growth will occur in the thousands of acres undeveloped withing ISD #196. Many residents who have asked about the time schedule for the com- pletion of a high school in Eagan have also expressed their satis- faction in the previous attitude'of the school board to decentralize high schools within the district by spreading the enrollment to three (3) high schools rather than concentrating a great number of students in one or two high schools. It has been expressed to me that the ability for students at the high school level to achieve in their classwork and to participate in extracurricular activities is more obtainable if the high school is designed for no greater than 2,000 students. 121 THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY City of Eagan/Independent School District #196 February 13, 1984 Page Two I certainly feel 'the school district as well as all cities within ISD #196 must work together to achieve the best long range educa- tional objectives for our present and future students. It is my intention to work with the mayors and community leaders of the other cities and do everything I can to support the continuation of this philosophy in years to come. Therefore, I offer a resolution for your consideration that my city council is aware of but has not had an opportunity to formally adopt. This resolution is objective and asks for the answers to basic questions based 'on -facts - from the school administration and our own city administration for 'future review by the school board. n U We must not let our emotions, whether they are related to bigger and better sports objectives, individual school recognition or whatever the case, overshadow the educational philosophy of the school district. Therefore, I submit this resolution and the time of our staff and my personal effort with other communities to work on the answers to these basic questions in a methodical and objective fashion with the hopes .that a referendum can be scheduled for the • fall of 1984 with the answers to these questions presented to residents within our school district before the referendum. Sincerely, Bea Blomqu' t Mayor BB/hd Enclosure cc: Independent School District #196 Board of Directors Independent School District #196 Superintendent -Bill Force Eagan City Administrator Tom Hedges • J' Z 2 OF 3870 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE! (612) 454-8100 February 10, 1984 MR JOHN GUSTIN 3061 WOODLARK LANE EAGAN MN 55121 MR TOM NIkOLAI 1504 RED CEDAR RD. EAGAN MN 55121 BEA UOMQUIST T.t THOMAS EGAN JAMES A SMITH JERRY THOMAS THEODORE WACHTER Cw d nemna, e THOMAS HEDGES Gn Aomm mrn EUGENE VAN OVERBEKE cev Cr RE: Sperry Semiconductor Noise Impact On the Timberline Residen- tial Neighbor o0 Dear John and Tom: In official action that was taken by the Eagan City Council at a regular meeting held on Tuesday, February 7, 1984, the City Attorney was directed to review a future course of action with the Sperry Corporation if the level of noise emissions are not lowered to an acceptable noise standard for the Timberline neighborhood by April 1, 1984. The position of the City Attorney regarding the directive to the City Council will be considered at the April 3, 1984, City Council meeting if the noise emission level is not satisfactorily resolved by that date. Later in the City Council meeting I was directed by the City Council to obtain a noise meter from a State agency and direct a member of the City staff to establish several bench marks between the Sperry and Timberline properties and conduct noise readings. These noise readings will be conducted and recorded at different times, including both daytime and nighttime hours, and under a variety of atmospheric conditions. This information will be available for City Council and public inspection at the April 3, 1984, City Council meeting. Tom, I am returning the original affidavit and exhibits to the affidavit as you requested. On behalf of the City Council, we are hopeful that measures Sperry is taking will resolve the noise emission problems that have been causing grief to the Timberline neighborhood. Any questions you might have about the action course of the City are welcome at any time. Sincerely, ae��Ctt Ap 1 traa o Thomas L • THE LONE �U RVYJHE SYMBOL OF STRER TH AND GROWTH IN OUR COMMUNITY TLH/jj '- LAw OFFICES HAUGEic ANID NIHOLAi, P.A. IS16 MIDWEST PLAZA BUILDING • 601 NICOLL" MALL ORRIN M.NAUGEN MINNEAPOLIS. MINNESOTA 66402 TNOMAS J. NIKOLAI (GIv 330-7461 February 9, 1984 DOUGLAS L.TSCNIDA JAMEe T.NIKOLAI Mr. Da 'd Kelso Mirmeso a Pollution Control Agency Air Quali and Noise Division 1935 Coun Road B2 Roseville, 55113 Re: Sperry Semiconductor Operations Noise Pollution Dear Mr. Kelso: FEB1�,. PATENTS TRADE MARKS COPYRIGHTS As I explained to you by phone yesterday, Sperry's new factory in Eagan is emitting noise at a high level from its roof -mounted ventilator stacks and this noise is making sleep difficult in our neighborhood. Sperry insists that its emissions are within MPCA guidelines whereas, based upon sound measurements I had taken, its noise emissions are far in excess of the allowable levels. I am enclosing a copy of the strip art data taken by Sperry's in-house • people back in August 1983. It is the latest data that Sperry has made available. Note that in taking these measurements, the noise sources were turned on, one -at -a -time, and even then are only a shade below the 50 dBA limit provided by your regulations. The test which it took apparently does not show the combined effect of having all of these noise sources operational simultaneously. • Today, I learned that when Sperry went out for bids on the sound abatement equipment, it advised potential bidders that the noise at one exhaust stack was at 104 dB and that existing 300 meters away was 63-65 dB. We find that hard to reconcile with the information Sperry provided to City authorities via the enclosed report. I believe you have a copy of the Fulton affidavit which reflects the test results which I undertook to have taken and which shows linear dB readings in the range between 63 and 76 at a point just outside my bedroom window. Should it later become necessary to bring a lawsuit to abate the public nuisance which Sperry is creating, we believe it would be helpful to have the MPCA monitor the noise emissions and provide a report to the City of Eagan, copies to our homeowner association and to Sperry reflecting your findings. ,a6 • Mr. David Kelso February 9, 1984 Page Two Also, since the City of Eagan has shown a reluctance to enforce its own ordinances against a large corporate employer, if your monitoring reveals violations of the MPCA noise level standards, we would appreciate any assistance which your agency can provide as far as compelling compliance is concerned. 1 and my neighbors stand ready to provide whatever information and assistance may be necessary to conduct the monitoring operations. Sperry is creating a nightmare situation in our neighborhood and we need help immediately. • TJN/ljr Enclosure c`c: Mr. Thomas Hedges is Very truly yours, Thomas 1 Nikolai 1504 Red Cedar Road Eagan, MN 55121 Work phone: 339-7461 Home phone: 454-6772 i a.-7 LAW OFFICES FEB 13 1984 HAUGEN AND NI KOLAI. P.A. 1636 MIDWEST PLAZA BUILDING • 601 NICOLLET MALL ORRIN KNAuocN MINNEAPOLIS. MINNESOTA 86402 PATENTS THOMAS J. NIKOLAI (612) 330.7 1 TRADE MARKS COPYRIGHTS DOUGLAS L.Tbc MICA JAMES T.NIKOLAI February 9, 1984 Mr. jvdTurco'ISperr iconductor Operations 3333 PKnob Road Eagan,55122 Dear Mr. Turcotte: 1 had hoped by this time to have had the opportunity to meet with you concerning the noise pollution created by Sperry's Semiconductor Factory. Bob Falstad, your Law Department attorney, indicated over a week ago that he would have you call, but apparently he or you felt that this would be unnecessary. Since taking over as Vice President and General Manager of the Semiconductor Operations, 1 don't know to what extent you have been briefed on the intolerable situation your factory has created as far as your • neighbors on the north are concerned or the remedial actions supposedly undertaken in an attempt to cure the problem. Information provided to me today makes it clear that the Sperry people who have been addressing this problem have been acting in bad faith. Specifically, last summer when the complaints started pouring in, Sperry personnel conducted certain tests along the north property line and concluded, based upon those tests, that the noise emissions were within the Minnesota Pollution Control Agency guidelines. Those tests proved to be incomplete and inaccurate. Also, as it turns out, Sperry knew that those tests and the representations being made with respect to them were false or misleading. L Only after the Eagan City Council passed a resolution finding Sperry in violation of the applicable zoning ordinance under which it is operating did your people initiate any steps to correct the problem. Way last October, while insisting that it was in compliance with applicable MPCA regulations, it offered to put sound attenuating equipment on all of the noise sources on the roof of your building. It later reneged on that promise as well. 4 a • Mr. David Turcotte February 9, 1984 Page Two Be that as it may, when it went out to obtain bids on an attenuator to be placed on the basement ventilating stack, I have been informed that it advised prospective bidders that the noise at the stack was at a level of 104 dB and that the noise level at the property line was 63-665 dB, values far in excess of the MPCA guidelines and far in excess of the data earlier provided to Eagan officials. The Sperry representatives also indicated that a 19 -week lead-time would be needed to design, procure and install the sound abatement equipment. That estimate was made back in mid-October at the time that your people were promising to equip all of the stacks with the attenutors. Subsequently, the Sperry people decided unilaterally that only one attenuator would be needed. It did not revise the lead-time downward in any fashion, even though the project had been cut way back in scope. On several occasions over the past months I called Mr. Michaud and inquired whether the sound abatement equipment procurement was on schedule. He assured me that it was. Then, at the City Council meeting on February 7, he effectively asked for an additional 6 weeks beyond the 19 weeks originally projected. • I found out today that the contract for obtaining the attenuator was let on February 3, 1984, only two days before the City Council meeting. It was also determined that the cost of the item in question was about $3,000. The six diverters are estimated to cost an additional $500.00 each. Thus, the total cost of the fix planned by Sperry is way less than $10,000. • It is almost obscene that a company of your size and stature would subject the neighboring residents to the noise emissions you have when an expenditure of such a nominal amount could have resolved the problem. I think you should require an explanation from the personnel involved as to why this matter has been allowed to drag on as long as it has and why a still further six-week extension of time is needed to complete it. I venture to say more has been spent by Sperry on meetings about this problem than on the cost of the noise abatement installation itself. The mendacity exhibited with respect to the testing and decibel readings provided by Sperry to City representatives made it necessary for me to hire a noise expert who undertook to take tests at my home only to verify what Sperry knew all along, ix, that its noise emissions were well above those permitted by the MPCA regulations. I think it is only fair that Sperry reimburse me for that outlay. w0t • Mr. David Turcotte February 9, 1984 page Three If Sperry is indeed sincere about wishing to be neighbor", then it ought to drop the public -be -damned been exhibiting and take care of its pollution problems. TJN/ljr cc: Wmas Hedges Mayor Bea Blomquist E 11 Very truly yours, a "good corporate attitude that it has Thomas J. Nikolai 1504 Red Cedar Road Eagan, MN 55121 Work phone: 339-7461 Home phone: 45416772 130 11 r1 LJ • Administrative Offices CITY OF MENDOTA HEIGHTS Honorable Mayor Bea Blomquist and Eagan City Council Members 3795 Pilot Knob Road Eagan, MN 55122 Minnesota Racing Commission and 312 Central Avenue, #400 Minneapolis, MN 55414 Dear Ladies and Gentlemen: February 8, 1984 Metropolitan Council 300 Metro Square Building St. Paul, Minnesota 55101 During the past month, there has been much discussion in Mendota Heights about possible detrimental effects of the proposed Eagan race track facility on residential areas of our community. In particular, residents of the Friendly Hills subdivision, located approximately one mile north of the site, have voiced concern that the race track would lead to undesireable noise and traffic impacts on their neighborhood. At its meeting of February 7, 1984, the Council was presented with a petition signed by 547 persons, expressing their opposition to the racing facility. In response, the City Council passed a motion to notify you that the Council, in support of the majority of its residents living south of TH 110 and east of Lexington Avenue, cannot support the location of a racing facility in Section 1 of the City of Eagan. It is planned that a Council/resident informational meeting will be held in the City of Mendota Heights in early March to review the Environmental Impact Statement. Any further Council comments that may emanate from the review and meeting will be forwarded to you for your timely consideration. RGL:madlr Sincerely, ' Robert G. Lockwood Mayor cc: Friendly Hills Civic Association Dakota County Board of Commissioners Metropolitan Airports Commission Governor Rudy Perpich 131 750 South Plaza Drive • Mendota Heights, Minnesota 55120 • 452-1850 • • r1 L STOLPESTAD BROWN & SMITH RWY ESSONAL ASSOCIATION February 13, 1984 2000 Norm Central Tower 445 Mif xm:0 Street Saint Poul. Mirreso:o 55701-2171 Telex 703767 Tefthone (612) 222-1501 Attorneys of Low Minnesota Racing Commission Suite 400 312 Central Avenue Minneapolis, Minnesota 55414 Dear Minnesota Racing Commission: James A. Stolpestad reLawliC Brown Stephen E- Smi:h Michael T. McKim Gary L. Gandrud James J. flyon Eaward F. Fox Gary Hansen Barbaro S Sellers Dovid M Crerrors Than= F. Surprenont Dovia E. Moron Lori Wiese -Parks Coe A. Es:erhoy Jeffrey A. Peamon Timothy 1. Grande C' Carse] Gecrge C. Xing Cc". A 5v.Erson FEB 14 1984 Please be informed that the Sunfish Lake City Council, at their regular meeting on February 6, 1984, expressed their unanimous opposition to the proposed race track in Eagan. At their next City Council meeting, they will consider a resolution formally setting forth their reasons for such opposition. Very truly yours, N. Gary andrud City Attorney GG/kj 2346-999 cc: Mr. Tom Hedges, Eagan City Manager Mr. Duncan Baird, Mayor of Sunfish Lake 13k 0 0 Eagan answers concerns T about racetrack location On Feb. 6, the Mendota Heights City t ouncil received a four-page letter from Fagan Administrator T%Hedge giving ap 'initial response" to concerns about a proposed horse racing track in northeast Fagan. The Mendota Heights council wrote Eagan Jan. 18 at the request of citizens fearful that a track would cause increased noise, traffic, crime and diver- sion of aircraft over Mendota Heights. Below aie excerpts from Hedges' letter. On diversion of aircraft: 'The City Council has addressed this issue emphat- ically by a resolution that no request for deviation of flight path will be permitted by the City of Eagan ... the developers have agreed with the Metropolitan Air- ports Commission (MAC) to grant to MAC a so-called air easement, which gives to MAC the right to fly air- craft over the site, together with the right to cause any noise attendant to the ordinary operation of such aircraft The applicant has agreed with MAC that this easement will be executed as a part of its application to the Minnesota Racing Commission. From the point of view of our staff, it is hard to conceive of a more definitive resolution of the matter" On noise from the track itself: "The midpoint of the grandstand is located slightly more than .66 miles due south of the Interstate 494 right -Of -way, and separated therefrom by a series of low-lying hills. (The racetrack is to be built into a natural bowl between a series of hills.) It Is the opin- ion of our consultants that it is extremely unlikely that an individual standing on the south border of the 494 right-of-way will be either able to see (at night) or hear the racetrack ... and that it is inconceivable there will be a noise impact from the track on resi- dents living more than a half mile north of the 494 right -Of -way. - On increased traffic on Dodd Road (Highway 149) and Delaware Avenue.. "Local roads are eNxvW to experience oaly minor Increases in traffic Highway 149 north of In-, terstate 494 will experience a 5 percent increase in? traffic directly attributable to the racetrack ..'. Dela-1 ware Avenue will have a 7% percent increase in.traf- fic as a result of the racetrack." On increased crime: "The Minnesota Jockey Club will be required to hire its own security force consisting of fully trained and certified warrant officers and fire safety person nel... The Eagan Police and byre Departments con- ducted extensive research on these sobjecty. Their . opinions, as reported to the Eagan City Council, are i that there does not appear to be an increased demand for fire service from a racetrack, and there does not I appear to be an increased demand on public safety, officers with the possible exception of traffic control, which will be handled by uniformed, off-duty officers paid by the racing facility. There appears to be a very modest amount of peripheral crime, at or below the level that would be expected in a regional shopping center." On the representation of Mendota Heights' inter. eats in the environmental impact statement done on the site, expected this mouth: "Please be assured that the analysis of the impacts associated with the proposed land use development (which includes the racetrack) is not at all limited to the political jurisdiction of Eagan, but rather includes the entire subregion (including Mendota Heights, Sun. fish Lake and Inver Grove Heights)." 133 SI PPHVL DiSp^ c.A F"Eo is --sq • I ....� ..� ...7aoraas meewa m opPoe tae pram mm a nerve m ncelna ta Eagan. Plered 0 the podlom h Carl Cnmmlm• Mens \'ashea unc. who pr -rated the council with • peWloe rWWRLD9517 alpa me, from resident, eppmed I remouoe, "" cited stemless Hefghtr was against the Eopn mmurack prvpmal. Poen by Jahn W'adeB. 1 MH restaents spur . council' I to oppose Eagan racetrack By JOHN' WADEtJ. Sart W'ril" NNN nhe Mendota Het" city Cocoa passed a 1-alutiao w Feb. 7 oppi:,q tie pmpmed hate racer. elle is Fagan. A Petition, 11goed by 547 from the soothers porton of the city was cough b MY camcif members to reverse their stand taken at a Previous council meeting and in cep Ione the race trail This was the setmd meeting this year that residents from the Friendly Hili reddmtial aro filled the city's cmmdl chambm b express theiroppositiontopbm ta build a rpmmck slue in Fagan. Eagan's prvpmed racetrack facility is ane Of seven sites still heft rn si le ed by the Minnesota Racing Connotation fon the stae'$ fiat Imine racing track. 7 a Fagan elle b bated ane -0311 milt from the Friendly Hills area, and resMmtl ,here are fm mad that the track would result in immved oMfe. traffic crime and rezoning problems f Mendota Heights. On Jan. 17• the Mendota Heights 1sadded1s urged the city camtll to ofRc®1h nppme the location of the rarewck in Fagan Al that meMay council members said they wm d not make a hasty decision to oppose such an important project by their muthergy, neighbor. Fapa Commil Fmembers +asaid official oppositima ' proposed acnnck site by Medoc Height could Wne the ' o ung relationship between the own TIE PETTOv. and the Wile proving of residents In Merida Heiglds for the seemed meeting In two months proved ten strong a force for the cmmti to ignore 'Tse residents are asking m not to s1tPos3imly and Lni icsteurc approval Of the racetrack by rot anylhlog•" Councilman Chaar es Mertemattould. "Ila received many alb again this week w the tamnck. and I've neva received a ail In stWPort of IL We balm a responsibility to the people to not mppmf the location of We racetrack." The coocU'S motion to appose the racetrack site In Esgso passed by a 11 vole. with Camdhaman IJs 6h11 abstaining. Voting again, the motion wSa Councibrom Jahn Hartman Hartmann aid the cound w.as attempting to "tell another governing body what they as do with their land." Will apparently abstained from the votingm the mot m became she is employed by the city of Eagan As a result of the Jae 17 meeting with the FnendtY Hills r-iden,s• the council Sent a letter exposing the ,I, cmavm about the m efrack to Fapq the Mim-ota Racirg Commission, tis MmopmEtan Air, pats Cummisslon, the Metropolitan Camdl and the Dakota Canty Board of Commissioners. the elfav tis horse raring farillty .cold heve w the stmgmding urn. Menmta Heights did receive a five. Page letter from Eagan City AdmblsLmw Turmas Hedges, wbich responded to the samnmm of she cit, staled a the Medota HeOM' Idler. City Administrator Kevin Frump which he 1readto �h of Hodges, &I tth, he Menti Heights cmzw l meeting on Feb. 7. Mending to Hedger' tetter. tarot pleliw or Inteatae Oe will crate far more proble® with Land our in Mendota Heights than the racetrack lig. Imemate d will he. bated between the racetrack and the Friendly Hills arca In Mendota ud"- Eagan's plain fon a ar-acre perimck and a 19"ese commercial 2122 around the tack wwdd take rap less room than if a shopping center was located thee, Helga mid. Te Eagan ether stated that public Safety shcWd not be a concern for the Madam Relglts' residents doe the racetrack win provide Its awn rim service ed security from. Traffic cased will be provided by off-duty DoBmoen paid by the mfq facility. Most of the traffic Litman- created by the faddy win be w 1491 and Highway S. according b the Eagan k11er. Hog- untkipwl- ono ■ e Road a Inseam a vatlle m Dom Rod and a 7y' Dermot tacr22Sa of vefcia ndmme Iklaware Averphe e Eincom rnaS BEEN Preparing an Medota Haiglhn if tis tack tl atm. Eoviroovhental Imp,g Statement on attvted. o3 4 \OISE SO SHOULD not be a factor, athgagag to Hedge. The racetrack is expected to be built In a natural bod. AcNding ta Hedges, It is unlikely 16vt residents would be able to We or hear the track from I.I91. Fagan has;afro Pasted a resolution stating that the city will set rtqu-t any�ngd in aircraft flight paths over the neelmck• which was me or the major comes of the Medoc Heighb' res,hdmm -. Te Mlnneda Hung Comm umen is planning in choose a meetnck site by March 7d Fagan will be holding e public hearing w lir P."imarmccun Impact SI on Match 4 with deadline fol submitting g comments, m thepropme� rot far March a. Te Methdora Heights ssstMl plans to hold its duo public hearing dmf th wed of ktalch 5 to allow c®msd residents tgstae their opposition to the Eagad racetrack proposal. IhdermoHm'gathmd at the meeting f MedotaH tlwould then be sago Fape y e held a the S purse bearing my he IoW lo the Somerset School auditorium rb hurdle the seeded ttwd a QCeLracd citiztopic has Each lime the ceUad topic h- rem hewwgtd �I t a city council mtcieg Nee ha been WdinH roomi•nh ttowds HThI e M la Herts city owns r ilrh� Ilam for the public baring ism Eagan racetrack site proposal at its Feb. 51 meeting_ L 0 Decision on track . site still pending By DORIS KELLEHER ' The proposal of a race track at Eagan could be a case of "much adc about nothing", according to Frank Svoboda of BRW Planners whc have done the EA W (Environmental Assessment Worksheet) and the scoping y Club sitc development 5proposal and are worion for the Laukkaa king Minnesota g onthe E S (Environmental Impact Statement). Svoboda said although Eagan is a strong contender, Blaine and Shakopee also have already gone through the EAW and other preparations and are now working on the EIS. And, Woodbury and Savage are beginning the necessary process. Svoboda said that although certain aspects will not be addressed in the EIS, they are looking at housing projections, public services and the existing zoning in the surrounding communities. His firm is also involved in the development of the site other than the track which will include retail shops, off ice show room, and straight 'office space. The track is proposed on 2344 acres. included within the.track development will bea grandstand with initial seating capacity for 7,500 persons and full development seating for 15,000. Grandstand parking would include 4.100 regular parking spaces with an additional 3,630 spaces to accommodate overflow parking. Other facilities developed In conjunction with the race track will include a combination administration/cafeteria building, receiving barn for incoming horses, water stations, stables, maintenance yard, exercise area and equipment building. The track itself would be one to 1.75 miles in length with 6.5 furlong chutes situated on the northwest and Southeast ends o! the oval track, Anticipated cahstructron coats are $1f million. :+ - If the Eagan site is chosen by the Minnesota Racing Commission as the one to be developed as a race track in the Twin Cities Metro area, construction would begin in 1984 with a scheduled completion date of summer 1985, Svobada said. The racing season would extend frot�i June 15 through Sept. 15 with the events scheduled to take place five days of the week, normally Wednesday through Sunday. ,3s ,5 lJN ,414�GU$ ,PAIAI e 2 /` t0 /s- 8Y E • ouncil opposes racing in In a room Idled again with mare than 80 Friendly Hills residents, the a near the track, He said he is lot oppoad to the daily onto TH 149 and Delaware Avenre, mid id traffic fore. Mendota Heights council =it of. ficial action Feb. 7 to oppose the dcvdopnem of the sae. butop• Pond H such development affects costa are based an the mew area regional Population. building of a race track In Fagan, The motion stated the city staff the comfort of living for Mendota Heights residents, Most tripamardfromthesaeare was to"notify lheckyof Fagan. the Time in the room applauded to be an TH a and 1-494. local real are expected to ex. Minnesota RacingCammissionand the Metro Council that Mend= lo0owmil the reading Of loakb®'s letter. perlrntt tidy mbar Immases In Heights is supporting the majority of residents living south Of Highway Cummbu continued saying there have been new developments the traffic, he said. Noise, Including both anticipated Ito in opposition to the racing Incil- an roe, track He said the racing mise generation of the crowds and Public address system at the site ily proposal at the Fagan site. The council cannot support the commission has adapteda schedule Of Proceedings and things wW masa and the poscbaitY that aimmlt will be diverted northerly Of thee,IstLr location of the —track In S.atim 1 In the city Of Eagan.- the mike quickly. On March 1 there will be requests night corridor to avoid conflict with track operations was another con, mid. The vote passed with coanca for, Shing by developers. Public hearings will be conducted March cern that Hedges addressed He saki the grandstand is located members In Nit abstaining and 10-16 and the froachtse is to be slightly more than 66 miles duo John Hanmann voling'taY.' The action apparently was what the residcnu wanted the council to awarded March T& Cummins bdwated this Is Inde. south of the Oy rightaf•way and separated by a series of low tying hebw the ihu would he ex- in quate time to do all that might have hens. do m its Jan. 17 meeting, affording to Ruth and Gus Hipp who ave in to be dam lgaay. Ile said the concerned residents have secured a The trust B to be built into a natural bowl between a terles Of Friendly Hits, But at that mining. the council Petition In opposlum to the. reco track In Eagan with 547 signtum hills. Itisuolikelythat anindlvbuai standing on the sm., bordor of M directed a letter to Fagan Inform- Ing the mayor and council of the to date and will conunnetoeirculats the petition rightof-waY will be either able to residents' concern. "Marry people arc not swore the see (at aight) or hear the track rofsn. "At gust they faaaY did some- - thing the People ward." Hipp said at ouch Is Proposed to be an dose to Mendota Heights," LYnmmW said. Consultants believe it Is boon- eclvable there m be mdse ion pxt the meeting break. Attorney Carl Cummins asked He continued by saying many residents from tho truck on n,sidentts flAng ' that a letter from council member were mac,,md with statements made in theda ly news- mot, tan a hail nule no. of the right-of-way. Jim lnaleben be rend. It had been seat when Iaslehen was absent Paper which were attributed to council member Liz Win. As to the possible diversion Of the from the earlier meeting. He further said that Witt Is em- edsung flight corridor to avold conflict with track operations, The lever mid the councilman played by thecitY of Fagan and said Hedges said the Eagan city council had numetom ecus regarding the track in Eagan and indicated his she has an obvious conflict of in. term. (See accompanying has a W,,,Id this by resolution that own concern If the track would be a sarin for mspms, todargn). an request for deviation of RI$u path will be Permuted by the mise generator and If traffic would Cummins asked .that Witt city of Fagan. Increase an Itl. He also wondered If publk address carryover would withdraw Im, any action taken an the track and asked the This has bear reinforced by m- tine add to mise and if aircraft would be caul to consider the Propriety a( her sitting of the developers who have agreed with the Metropolitan diverted aver the residential area. Imleben also expressed nce expressedcorn an the council an the issue Prior to Feb. 7. m action bad (MAC)in ram: a a the later mer whetherorort tie been taken by the council accept a W.,athd air casement which gives MAC the right to fly aircraft council will be able to maintain direct staff intend a letter to Fagan over. the Ste. casing in the and bordering the city council and mayor regarding can. Hedger further assured Mendota c,rasof Mesdoa Heights residents. Heights that aU the concern, es - Cummins then entered the re- pressed willbe properly addressedceipt Of the Petition to the city clerk. In the Environmental Impart Mayor Bob Lockwood introduced Satemnat(ELS). new city administrator Kevin Forst and turned the meetag Council member Chuck Mertmmtto said with aver 500 over to him to read a letter reecived names an the petition and with the ..i Iran Fagan adminLswtor Tam second app earasau Of the residents " Hedges. Hedges Hedges wrote In regard to the m the anmal meeting. t shows 'they are Opposed to the track and Mol Of Land use between Friendly Hills and the track, "any we should not sit back as though we. a Mooning of within cll9 appose LL.. ,[ME NEIGNTS• Can ration most id n1 Ja - Rile-seIwsalonE amts must bad I --"�— — - Eagan "We now have to tea Eagan we cannot support the truck. Then we will ulhe representing our constl- tnts. I think the residents are as" at to Officially slow we are we supporting IL Iockwood then asked those at the mcotne If thoY would like to have an Infarmatbd meeting regarding trote track. rotrack. and rauived an enthusiasac'Yo.- i He said the date and time willbe ,set and Published by the Feb. L meeting, I I nen IF and Mandate NalghN' former Regarding WW safety Inyoly-- Ing SII Al NE WJ S flA h city manager Owil Johnson. the ab'dm.+I need far foe and pea in frent of a piece of heavy during Polies PretWElon. as well os the likllhmd of increased atne In �( ' equipment groundbreoking far Losing on areas surrounding the focWty. Hedges sob TM Minnesota jockey Heights. The 795 unit um as g PI Club wW have its own W,%ujly force oanehn at three b ildirgs Of fully trained and cenWed war - with era and two Mdreem ram Officers std fire safety Per - rental units. In addition then marvel. will be underground parking There eeemsto Deo very modal and tennis courts. The new amaant Of Periphneral gime at a complec Is located cls blacks hebw the ihu would he ex- in south an Wdngton Avenue eN a regional shopping cen- � 3 LV Highway 110. sab. V As to diversion of traffic. esm- Proposed site in Eagan: e track plan. spursac By DORIS KELLEHER The three areas most affected by a race track in Eagan would be the city of Eagan- itself, Mendota Heights, Sunfish Lake and Inver Grove Heights. . Mayor Bill Saed of Inver Grove Heights, indi££ated his city council has continousfgsupporled the pro - poral of a racetrack in Eagan. "in fact we hoped N see it in the city of Inver Grove Heights but we had no appropriate site," Sued said. He said he can see there will be many benefits from the track such as auxiliary businesses springing up around it which will provide additional employment. "it will be a boon to Eagan and some of it is bound to spill over into Inver Grove Heights," the mayor said. Sunfish Lake mayor Duncan Baird said he and his residents are ..very upset." "We are planning to have a reso- lution passed at the next council eeting opposing the track in agan. It violates all the plans for northern Dakota County which was to be a prime residential area. You don't have this with a race track WEST- Si PquL ngxt door." He indicated his city's citizens are "tired of going to the mat but we have an impeccable record for being implacable in resistance." He said the city was "hurt about h losingthe highwaysuit" butwentas e far as they could with it—to the "Supreme Court". "We now feel battered with air- planes, race track and the proposed highway," Baird said. b He indicated that 82 percent of the d planes go over Sunfish Lake and y although they have tried to operate through the noise abatement coun- a cit they have had no luck. "I am not sure what we will do publicly or privately regarding the i track," Baird said. "We were not included in the EAW neither was t Mendota Heights." He said the city has requested fi they be included in.the EIS. "If we are not included there is one possi- bility we could go to court and ask o all operations be suspended until we are included." c Mendota Heights mayoi Bob t Lockwood said his official opinion was stated in the letter sent to the Eagan mayor and council following the Jan. 17 meeting when Friendly IHills residents attended the council meeting opposing the track at Eagan. The letter stated that about 90 people living in several neighbor- oods located near the city's south- rn boundary attended the council meeting concerned about the pro- posed race track. "These residents asked the coun- cil to take action to oppose the track ut the council declined after due eliberation and instead voted that ou be advised of the issues that do pose a concern for both residents nd council members," the letter continued. The areas of concern are: rezon- ng or pressure for changing land issues between Friendly Hills and he proposed track; public safety— the need for additional police and re protection as well as increased crime in the area surrounding the tr Mefvuera HEI6HT-S S uN �Ed is-8�1 • ack; diversion of traffic especially nto trunk highway 49 and Dela- ware; noise -anticipated noise of row ds and public address sys- ems, at the site and the possibility Race track _­ _ TApage 8. Race track From page 1 that air traffic will be diverted northerly of the existing flight cor- ridor to avoid contact with track operations. It was acknowledged the EIS would address some of these con- cerns, the letter stated, as related to the site in Eagan. But residents concerned it the EIS addresses these concerns as they affect the area beyond the Eagan limits. . It was specifically requested the EIS contain the appropriate in- formation addressing the above is- sues as they affect Mendota Heights and the immediate area, the letter continued. Althoughthe council declined to go on record as opposing the pro - Posed track the council members are obviously concerned with the above issues as well as other mat- ters that affect the relationship of the two local governments, the let- ter ended. 137 �Be tt °1 g�ai: a � AlIt la Sa��!1 1 sbB �i 8 bz r x p g rw��Jy��g����c�g�E���B�s� �6 6 q 9 g s = 1 j $ all ISS V ilii°dye i Hill CL 1PH5 1 211€i 1,111, 9$ I I I ho. � � �9 011 2 1 a 4"3 AIR$ $� sf a b fill Ili JA4IS lit I jr O ,�3 In C qy S B t) C$E V/ "95`66,9 a n59�g a W. 2 ��yM tj s o �_ 3 a 9— Sg 3 €_ m it W � 'i'gyyS�s9yyF13 98 � @ 9 g�E 5'6 P 2 . 9 11 5-01.41 gag 8 E® .or RRr! 8� ag wG 11 lot 2 a Q% h h 1 W h 8 E® .or RRr! 8� ag wG 11 lot • • E Mendota Heights says nay to track location I By Beth Gauper ' Staff Writer A resolute crowd of Mendota Heights residents got its wish las week, as the Mendota Heights Cit Council agreed to formally a proposed horse -raring track Eagan. Confronted by the crowd and petition signed by 7 percent of the city's population, the council voted 3-1 to send letters registering i opposition to the track to Eagan the Metropolitan Council and th Minnesota Racing Commission, which hopes to choose a track site by the end of March. Councilwom- an Liz Witt abstained from voting. Race N Continued from Page 1 SW Mertensotto-. "I've received many dozens of calls against it, and not one for it." Councilman Jim Losleben said he thought the track would disrupt life in Mendota Heights, whose southern border is one-half milt from the proposed traca m. "In the community we have now we quiet down at the end of the week," he said. "A racetrack on that location is going to dramati- cally change the weekend appear ance of Mendota Heights." Mayor Robert Lockwood also voted to op- pose the track. Councilman John Hartmann said he did not think the evidence showed the track would be a nui- sance. He voted against the resolu- tion. - "The interesting thing I find here is that the individual members and the mayor who voted for it just happen to be up for re-election," he said later. "I also find it strange that Charlie Mertensotto spoke be- in:;Eagan The council had been asked to ,oppose the site. at its previous meeting. It had refused to take a position until it could see the envi- ronmental impact statement now City in draft form. The council did send oppose a letter to the Eagan City Council m expressing the residents' concerns about traffic, noise and safety. A a five page response arrived from Administrator Tom Hedges on the day of last week's meeting. But the its council appeared to pay it little heed. e "Five hundred people are telling us they're against it, and we've got to reflect the thoughts of these peo. ple," said Councilman Charles Please see Race/2SW fore against the advisability of a resolution, and then makes a mo- tion for the resolution. The viewpoints of those people werere- flected, in the letter we sent to Eagan." - Witt also said later that she is convinced the track would not be a nuisance, but that she had ab- stained because she 'really didn't want to stir up the pot anymore." Witt, who is deputy clerk. of Eagan, was accused by Mendota Aeights resident Carl W Qmmmins III of having a conflict of Interest Men an ta Heights attorney Sher mWinthrop said he did not mow if Witt would have had a conflict of interest had she voted According to Cummins, who spoke an behalf of the petitioners, 139 immediate opposition by Mendota Heights is necessary because the time allotted between public hear- ings on proposed track sites and the selection of a site is too short for effective opposition. Under the schedule set by the Minnesota Rac- ing axing Commissions, applications would be due March 1, hearings would be held the week of March 12, and a decision would be made March 28. Mendota Heights residents, Cummins said, will continue to col- lect signatures on their petition. "We're continually finding peo- ple who are not aware it's so close to our border, they still believe it's In 'distant Eagan,'" he said. "We believe we're performing a valu- able service by presenting the facts of the case " ,5 PAUL D�s�Hrc%1 F{g /S- ry 0 • Sunfish Lake protests racetrack proposal in Eagan By Beth Geuper not attend any of the public hear- see any reason why people In held in Fa on rezoning and be roaming around on Staff Writer Tiny Sunfish Lake, long frustrat- ed in its fight against Interstate 494, has entered a new fray on its southwest frontier. The Sunfish Lake Council voted 4-0 last week against the proposed borne -racing track site in north- west Fagan, becoming the first city council to formally oppose one of the eight proposed track sites. 'Sunfish Lake was joined a day lat- er by Mendota Heights, in which the council, by a vote of 3-1 with one abstention, decided to register its opposition to the Fagan site Sunfish Lake Mayor Duncan Baird said he had known as early as but slimmer that the site was. nearby, but did nothing until he heard Mendota Heights residents had mobilized egg it. Fagan, he said, "is a very large community with a lot of muscle." "rd been very coacemed about it "._gaird said. "Sadd 1 It oe- ot>rred to me I aaeo't,alone any- -more.' Despite his concern, Baird did financing for the track. "I muffed the ball," he said. A racetrack, Baird said, would have SIV adverse impact" on Sunfish Lake, a 1% -square - mile, semi -rural community of ex- pensive homes at Eagan's north- east tip. '"lois whole area Is designed to be a high-class bedroom area, and to put a racetrack in the middle of it is bad news," he said. "Generally you get a bunch of things that are not desirable. When you live in an area like this and people are flock- ing all over, the results are inevita- ble. They'll be poking down our driveways, picnicking on our lawns,. and throwing garbage around. Do we want a whorehouse across the street?" Sunfish Lake will be separated from Eagan by I494 and from the site itself by one-half mile, but cars will still have access from Dela- ware Avenue and South Hobert. 'However, says MoM traffic en- meer Michael Robinson, "With a freeway system like that I don't 1+6 would local streets" Still, Baird said, the track would threaten the existence of his care- fully planned town. "One of the things that's hard for people to realize is our budget over the years has ranged from $70,000 to $90,000 a year, and 25 percent of that we spend on planning," Baird said. "We paid for and filed a com- prehensive plan, having said this is bow we're going to be, and it's ac- cepted by the Metropolitan Coun- cil Then we get this kind of thing. We don't have all the resources in the world, we're trying to do the best we can, and here comes some- body sticking a torpedo in it. We spent $35,000 for nothing, and it's not funny." - 1 - H the track goes in, he s S. fish Lake property values will go down, people will move out, tax collections will decrease, and Son - fish Lake will become a "waste land." "I understand this is the only site opposed by two city councils; Baird said. "That ought to weigt for something." y i51�,�u-( D)sPA\c-I1 F-ia- is= 8,Y Race track decision • likely by - mid-April • • By Robert Whereatt Staff .Writer The decision on who will build and .operate Minnesota's first parimutuel horse racing track Is expected to be made by mid-April, the Chairman Ray Ellot'of the Minnesota Racing Camm`kslon said Tuesday,,_., . Though there are eight prospective groups with sites vying for the li- '_cease that will be issued for a track In the seven -county metropolitan area, EUot said he believes only tour or five applications for the license will be submitted to the commission. Some Could drop out of the competi- tion because they cannot meet dead. lines or because the application process is so expensive. •"The nine -member commission adopt. ed rules yesterday that will be used to decide which group gets the It - cense. The deadline for applications Is 5 p.m., March 1. - .. "I expect them all (to be submitted) at quarter to five on March 1," Eliot said. "It probably is going totake us 45 days to go through them (after the deadline)," Eliot said. "I think we :can arrive at a decision Inside of 45 days" 'Ellot.also sold that the track could open 14 or 15 months after the 11 - 'cense is (sued. That would put the opening date In June or July of 1988. 'Me chairman has said that It would 'lake a miracle" to open a track In 1985. He said yesterday that a mir- acle still may be needed. s. . There are three or four other obsta- cles that could prevent a 1985 loau- gural, said Eliot, including a possible protest from a.group In Eagan. He said there Is concern that an Eagan site could move aircraft flights over residential areas . ,,- Here are the eight sites in 'which developers have expressed Interest, according to Eliot. Blalne, Eagan, )Farmington, Una Lakes -Centerville, Shakopee, Savage, Woodbury and The Commission also Incorporated Into Its rules a provision that re -.1 quires the.group that wins the U - cease to agree with labor unions to a nostrike no -walkout contract. 141 April racetrack selection is seen By George Baran Staff Writer Ray Eliot, Minnesota Racing Commission Chmre Tuesday that serve the Twin Cities area will be selected in April and could run its first horse races by July 1985. Eliot said his optimistic timeta- ble assumes that no lawsuits Will be filed to challenge the commis- sion's licensing process. Track li- cense appplications must be submit- ted to the commission by March 1. Eight suburban sites in Dakota, Washington, Anoka and Scott coun- ties have been proposed for the $50 million track. The commission ex- pects to get formal license applica- tions for six or ore of the sites. • The contenders include Eagan, Farmington, Hastings, Woodbury, Blaine, Lino f. akes-Centerville, Shakopee and Savage. Track construction would be de- layed in event a lawsuit challenges the licensing process or someone Cthe Metropolitan Council to determine whether the track has metropolitan significance, requir- ing more reviews. The commission removed anoth- er potential problem by approving a policy banning strikes and lock- outs during construction of the fa- cility. Under the policy, a track devel- oper would have to agree with the state AFL. -CIO building trades council on no strikes or lockouts. Please see Track/ 2C ►4a Track-,, - ■ Continued from Page 1 C The policy was proposed by Commissioner Dan Gustafson, Golden Valley, secretary -treasurer of the state AFL. -CIO. Fifty rules governing the track license process received final ap. proval by the commission after mi- nor modifications were made at the suggestion of state hearing ex- aminers. The commission also received a county fair racing request from the Traverse County Racing Commis- sion based in Wheaton. James Schoenrock, chairman of the group, said that the fair would like to have five days of thorough- bred and quarterhorse races begin- ning next year. He said the group is ready to spend $50,000 to upgrade its horse barns and track for pari- mutuel racing. Eliot advised the group that It may have to spend more money than that to provide secure stables, j fencin and proper betting facili- ties. The commission intends to li- cense county fair races after the Twin Cities track license is issued. 111Fr/topc A-IT—Artr Afe-LoS TAry r8-Qy T W Fast-track tinan ng _ Should communities agree to race- track developers' bond. 84clemes? Tbe city of &San Ire month apprmed appUra- it= prceented by the M nnesnta Jorkq Cl W- for $6 million, Ie W Wetement IbwwW{ and g I million W ladmlrlal menue ho l 1 W help /Wants • Qas A perimmnel ram heel. Tots acUm lomved several rmalae of thew by We .Advisory Pl+nnln{ Cammtdm. We Flaay.! Commit. te4 v�cb is e lal•Ondln2 committee, of We Fagan Qty Council, ad the Qty Comell u a whole. The sot Wvohed Was by Daum Had>m Cao. and weed Ire a 1 methal Nopply oenfn mom than 15 yan ago, lie tenter m never Saul and. a a result. the property want will. The site was ave of them flm0sb fa the domed slam® five yearn ago, The Ewa Comprhemlve Guide Pse. Nod no ad" sing and ylane, bas continued W reserve We ted IN rtftlauUY aIN I- ranl me, The cliff malty7 and steel p alfa rellem Ws no, given the Shopping Ism a Ic ad the topopaphy Is ralle thisied with Bever � u pMwed IIwIWm1 mm nulytLy m9 'The Adasory, PWUAq Coemlmmlm NW Seven! public hearings W consider the wens MW develoepp meet m the ram bah and appwve the project Tee Qty after aevew meetings determined the laeiutyy Iste a good acompatible me m the land of emdil W the cill, The F1mnm Cemmlmee w instructed W mdy and report no, the financing pwpnala The Fieaae Cavmlttal mW the sum criteria W ennobling this prepared that an used fee other f4 eatrlmg assidame remota, aetiWC IspIrNp �IW{ncing cipermitted? property I[� al�U the sing b approved?W PRO:. James Smith South Is a marmnt n the EaOw, Qty Council and chair of Its Floanu Commolla. binds would be the city's direct oWi&aUM u bond m Urmlml yencns .ere ret maw. n ddlum W use dweb{KYsrlgWmd flsddtep .Cr= A development agreement will WeWde aatraaw that the project won't financially affect FApn Us. M eg rote ltiam am - 'I re • letter ot mreNl fa 15 e Wal dBW eerdm m Urs hind ad mno d"'o of ler WIe of ffaN e of ux detailets, tea Plnao['e Camnlum moM e¢om• mond W increment flaoming W the ton Qty Carvell The Clay Cauntll had May nataus IN Iles Ars• the full rernWtioa reports from pollee To Insma complete mjettMty. W city hated An Io- nmohdm W the local city-, enhanced community Idea, dependentbond m®el and financial coraWm W re- Illy and creation of 1,180 full. and Part-time )mN. view the proposed flu -Nal. The Flame Committee mmy Ideal la our yaws people W the summer faced that the Iedelatere, W pauteg�tem en, abling a racing facility, envUfmd a fformak+ 1 believe a flrsltlasa rnmeslul nm track of which put justifiablyicould not be bell[ and op- aSUWefinancing mla lartex lnc•emd (laeecias wdindmM- aact mLed withot the municipal nmmias asddrce al rencon bade (MB3) cos considered oncesary, forth by em Legislation. Testimony revab the tegtdauro label won W re - fan m much a needs W the belling pablk. The pate u winning, is 1.75 percent a thorhedfee debt reUrem®L The entire 4.75 parent. With a 90-dayrao R6 season. be � mi01a W IHB; aline W retire the dBW m the TV MWnaala Jockey Qa Inc.'s Wellaeumehad oro ctuwm am ) " I am be vee W ;Ugdlly ever.! Mlvmesoreties =the beeeflts W be derived from berth/ a ram track wllbm tbeir borders AIW* the mmpelby doe a0 elalm dmllar ad- ve'do of Nl spm sprue allA pun freeway ares and Darby 211 W plu4 sub Mebper is sti ft the local bet city fee a pablkwWdy. M= WIU'. yyonoa aSL be this archer me m m Wdamf W mac W South Dakota If wa Am asie WIT Obviously not U. no the �om� elalea a ram tnrk b a fare thing, tem It nil he Melt dew b Nhmesnla ' Why three the oee for a pAtie w5ddy? FAch of tis developers goes Mur maeil of the hod city alleging We fame tome; new mmtrualoa Jabs Increased W bm aayyl1ooddd l benefits for caner labmlotam — ad a plain W them Forger W be awarded thin bundle of goodies, each dty b nick W offer the W wNidy asked. Why, yen eek a W ewe alma of Isced redrainl an mWm W Wi W give cash W private developers? The answer is "Iwoy Amey." That Is W eay, W though the city "gives" the money. It does not bete W "Pay " How w, you asL Here came the With tty Wa closely ad we If Yen ycan ICU Wbkb face is ads. Then art at lead two MAIN fachs of pchlle tudd- dy a city can rake aeallahle in a dentoper. WmuNl revenue bonds ([Fill) And W Increment IWnclng. Vm've head at tax-free bowdsT That chosen a per, aon be Wvess in an H1H pays on, pate or idea[ W M the entered his Investment yields, Werehy creating a loci W Wee themes The 1 container, has made Milo available fa almmt any project mmodlng a race track. ppaaws� TELE. echnically,acity P +gotaB WtbedeveloFW Lrsm the IBNBHss with the er. Tes aetlon ®/en the W Kempr athero. Should the project go belly wap bowever. We city h payer,There tea Ill cof wabllpum m We city's tax ^' fail to y. The M rmllm W tax, imus dfWedng erir10kp horse redmp t0 hareleaom oneres no mrq bele In Ilntinchm the books. s%p CON: David D. Schaaf Schaaf, a moment of the Mmaesoe Senate frMm 1012-00 represewlfm the "I" area Of Z Anoka County. b new a rte eafate baker. In m way liable W the Wlaa veTher only,m rnoae Is the dereloper. Ars yen can see- an city money has been given W the developer for which • city commit mmI might have In srface W a voter. AW since an legislator or =bar of (kngrace W e hveto en oppaprlalloo, =bar on, vote; M weedy abocL Stich Isn't It? Makes yon noder why any sane M veloper would WN W private floaeeteg with this comm of low -Intact money available. The entad public wbddy ted available It arm mere Ingdacs To im emend financing arm; when a city actually borrows mousy by is mW a bond and mea the peoaed W any camber d way. W rep a developer finance a project Under era Weremml financing the =My tax dm• sea paid W We city. emel7 ars echml dWlm are frewo W We project am pyla W development W We os of • racetrack It would be the mWmdm taxes paid m a vacant parcel at rate• unfettered ted. . Once ISS pproolca Is romplacq We aWmnt A pap erty W dolW greenWd will I= mGrWuWUy slue the W rate on the project is ttw hones However. Instead of being distributed W the coffer, ' of the city, maty and school dlsulct this naemrcmsl ' difference Is captured by the city ate used W repay We Moray bmewwe by We city W provide We wlddy W the developer. When the Sunda an repaid (W 5 W 70 years) W the property W dollara are onre again dtshiheted W W bbnHaveagain the city has mod s®ewe able'; ¢Toney dote eboat 70 W w pereml of oor property t+a dm Wa go W fundlhe minty ad srhwl dstrkt The original purpose of the fell wet ova W g W Wnerhnl financing was W deer deeclopmenl Law blpied areae that would cost more W reenlop than bulldiri w nezal WW. Clearly. wed proposed site IN the new, ran track Is of, vacant lad• coat a wbli(blW aeaer - v A ager si ll r, to p�orrppoorose wall be Brod f arae{ V taxpayer down W athradlm comtramiw o • ran trek 14 he, sod orifi sorely n We ore community over f the ad look peat th We he campaign Gtara• . lone af We council members greeting fire wbdd/. Uules We Legislature acs. this Is a tempratlm few low polWciam could asbL So, U the new, ram bark s silt with public sniwhiy. It will be no gamble fee the blimeota taxpayer. D's a me hc. FEB 8 ?^^4 Inver Grove Heights Development Corp. 217 Livestock Exchange Building, So. St. Paul, MN. 55075 (812) 451.2266 February 7, 1984 Mayor Bea Blomquist City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Dear Mayor Blomquist: Our Development Corporation has followed the Horse Racing Facility issue with a great deal of interest. Recently, the Board endorsed the Eagan site. In addition, the Board requested that a notice of this action be sent to the Mayors of area communities, along with a request that similar action to considered by those communities. Copies of the letters to those Mayors are enclosed, along with a copy of the accompanying resolution. If you feel there is any additional work that we could do, please don't hesitate to let us know. Sincerely, �{,f fcdJ4� George K1s an President GK:cs Encl: • i44 • The Inver Grove Heights Development Corporation has evaluated the pro- posed sites for the Twin Cities Horse Racing facility, and supports the site proposed for the City of Eagan. The Development Corporation believes that with the completion of I-494 and the reconstruction of Minnesota 49, and with the transportation network formed by other highways in the vicinity, the Eagan site is the most access- ible one to the horse racing facility's primary and secondary markets. Furthermore, its accessibility to the Twin Cities Metropolitan Airport pro- vides an additional convenience for non -local owners, breeders, trainers, and fans. Additionally, the rural nature of Dakota County, the excellent local transportation network in the county, and the availability of land for small acreage farms, combine to offer facilities and amenities that will encourage and foster the horse -breeding industry. The Development Corporation further believes that the project propon- ents have prepared a development plan that addresses the health and safety concerns of the public, the comfort requirements of racing patrons and participants, and the financing requirements of the investment community. The inclusion in the development plan of sites that will adequately accom- modate the supporting commercial services needed by the public is an in- telligent land use decision that will be instrumental in preventing future congestion. • Finally, the Development Corporation views the Project Review Procedures conducted by the City of Eagan, and the city's subsequent approval of all aspects of the proposal, as evidence of both a thorough examination of the project's potential impacts, and of enthusiastic citizen support for the project. The citizens and officials of the City of Eagan are commended for their thorough and expeditious review of the proposal. 0 For those reasons, as well as because of the projected new employment and additional taxable valuation which the horse racing facility will gen- erate, the Inver Grove Heights Development Corporation supports the Eagan site, urges the Metropolitan Council and the Minnesota Racing Commission to designate it as the Twin Cities' Horse Racing Facility, and urges the City of Inver Grove Heights to consider action supporting the Eagan pro- posal. 1+5 SJ. P...c Af& 55113 P".. 612-636-4600 February 9, 1984 City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55121 Attn: Mr. Tom Colbert Re: Blue Gentian Road - Proj. No. 349 Our File No. 49242 Dear Tom: Ono G. 0o. P.E Robin W. Room. P.E. Jowph C. A�. P.E. RANO d A. L..b ,. P.E. RsftmF rb .P.E Jump C. OL0% RE Gtr R. C k. P.E RAM A. Gwdw P.E. TM E. H.Jv. P.E. RIMmd W. F".. P.E. Rab.n G. SMuniAu. P.E. Mame L. So &. P.E Dowd C. ftWMI. P.E. Jen A. ap dw P.E Mur! A. Hmm.n, P.E. TAR. FN . P.E Af M T. R.,.P.E. Ro R. PJ.JJ.Ae, P.E Da d Lox w.. P.E Cftd. A. EAr Lro M. P..eh y Hahn M. Glenn Enclosed herewith please find the cost participation associated with the above referenced project as it relates to State Project 1985-76 (T.M. 494-393). • The City cost participation based on the Schedule I'dated September.26, 1983 does not include increasing the GE for West Blue Gentian to 20. Recent phone conversations with Mn/DOT indicate the City share would increase by $19,000 while the actual construction cost would increase $64,000. Due to time con- straint associated with bidding S.P. 1985-76, the GE increase will be accomp- lished with a supplemental agreement after the bid date. A summary of the City cost participation for S.P. 1985-76 is summarized below: CITY PARTICIPATION Schedule I, 9-26-83 $25,105.21 GE 20 West Blue Gentian Road 19,000.00 Sub -Total $44,105.21 + 4.31% Mobilization, Field Office, Traffic Control, Etc. 1,901.50, Sub -Total $46,006.71 8% Construction Engineering 3,680.54 TOTAL CITY .................... $49,687.24 is Therefore it is assumed that Mn/DOT portion will be the project cost for street less the City participation ($429,390 - $49,687.24 = $379,700) as shown on the Summary for Revenue Sources. Page 1. 9240b 10 • City of Eagan February 9, 1984 Eagan, Mo. 55121 Attn: Mr. Tom Colbert Re: Blue Gentian Road - Proj. No. 349 Our File No. 49242 I have not assumed any assessment appeals which are anticipated with this pro- ject. If you have any .questions, please contact this office. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. —*C/ 44��[1 • Mark A. Ranson MAH:mb • Encl. Page 2. 9240b 141 0 u SUMMARY REVENUE SOURCES BLUE GENTIAN ROAD PROJECT NO. 349 INCLUDES MN/DOT PORTION PROJECT COST REVENUE BALANCE STORM SEWER Lateral $171,370 Trunk 20,720 Lateral Assessment $132,385 Mn/DOT 192,090 TOTAL $192,090 $324,475 +$132,385 4111*4r Lateral $429,390 Lateral Assessment $310,551 Mn/DOT 379,700 $429,390 $690,251 +$260,861 TOTAL +$393,246 The estimated project balance is +$393,246. It is assumed this balance will be distributed to the trunk storm sewer and major street fund. 9240b 141 SUMMARY • REVENUE SOURCES I -35E UTILITY CROSSINGS AND STREET IMPROVEMENTS PROJECT NO. 372 INCLUDES MN/DOT PORTION PROJECT COST REVENUE BALANCE I. WATERMAIN Lateral $14,630 Trunk 92,680 Lateral Assessment $3,380 $107,310 $3,380 -$103,930 II. SANITARY SEWER Lateral $21,020 Lateral Assessment $4,260 $21,020 $4,260 -$16,760 • III. STORM SEWER Lateral $113,900 Truck 305,920 Lateral Assessment $105,157 Trunk -Assessment 216,925 Mn/DOT, Dakota County 306,200 $419,820 $628,282 +$208,462 • IV. STREET (A) DEERWO.OD DRIVE 9332b Street, Sidewalk Trailway $525,400 Street Assessment $120,030 Sidewalk Assessment 27,804 Trailway Assessment 8,337 Mn/DOT 510,690 $525,400 $666,861 +$141,461 • PROJECT COST REVENUE BALANCE (B) FEDERAL DRIVE (WEST FRONTAGE ROAD) Street Sidewalk $409,390 Street Assessment $239,913 Sidewalk Assessment 13,590 Mn/DOT 299,600 Total $409,390 $553,103 +$143,713 (C) DIFFLEY ROAD (CO. RD. NO. 30) Street Sidewalk Trailway, $160,900 Street Assessment $51,117 Sidewalk Assessment 3,790 Trailway Assessment 2,770 Mn/DOT, Dakota County 101,880 $160,900 $159,557 —$1,343 TOTAL............ +$371,603 • estimated project balance is +$371,603. It is assumed this balance will -'istributed to their respective trunk funds. 9332b —2—. 150 CITY OF EAGAN BINGO AND/OR GAMBLING LICENSE APPLICATION Fee: iy Date Submitted: o2 -/c? -40y *Annual: APPLICATION SHALL BE SUBMITTED Event Only AT LEAST 30 DAYS PRIOR TO EVENT. Type of Lic—enFsee-(s) requested:Bingo Paddlewheel Tipboard Raffle Name of Organization:&IL-5 OF �o/uin/]ri.5 I, and I �T�ng/c� �L%lf/gp�l ��iQq(xp N e of Authorized Officer of Organization Name of Designated Bingo d/o. Gambling Manager, ' (first,middle,last) Manager -Date of Birth Hereby submit in duplicate this application for a license to conduct the game(s) indicated above in accordance with the provisions of the City of Eagan's Ordinance No. 70 and Minnesota Statutes Chapter 349. -Tae /' eldo LnLza/d j�a1. / Authorized Officer of Organization ..Designated Bingo and/or Gamblin Manager of Organiza A. The following is to be completed by the duly authorized officer of the organization: -t • 1. TRUE NAME: /b)erld JaseQ6 Last Fi st FullMiddle 2. RESIDENCE ADDRESS: Street City /State. zip 3. DATE OF BIRTH: 4. PLACE OF BIRTH: Month,Day,Year City,State 5. Have you ever been convicted of any crime other than a traffic offense? Yes No X If yes, explain B. The following is to be completed by the designated bingo and/or gambling manager of the organization: 1. TRUE NAME: (rj'(�;,Qgp�, .��na/( L�3i//,5nw/ Last CC /F/first Fu1lMiddle 2. RESIDENCE ADDRESS:3%%U cj,�, y�)/5 of �i�4/�w/ �l�' S5/c73 Street tv State Zip 3. DATE OF BIRTH: 9-,W -54 4. PLACE OF BIRTH:, -S/.&,.,/ In Month,Day,Year City,S ate — 5. Have you ever been convicted of any crime other than a traffic offense? Yes No If yes, explain ' 6. How long have you been a member of the organization?� • 7. Are you gambling manager for any other organization? A� V 8. Attach a copy of the official resolution or official action designating you bingo and/or gambling manager. GAME INFORMATION: 1. Place where games will be played\Sf- -MAAJ NC-dIncu)n 19arl h &e_ 03c] �ilut knob Rd /"A/- ORGANIZATION INFORMATION: 1. Address where regular meetings are held Ss Street City 2. Day and time of meetings Trs "fear/i mrirr - 73U�� 3. Is the applicant organiza ion organized under the laws of the State of Minnesota? Yes No 4. How long has the organization been in existence? /00 !,Le3 5. How many members in the organization? /j0 6. What is the purpose of the organization?EgTE,CNuI Gr lzGiho (-I • 7. Officers of the Organization: NAME ADDRESS (street,city,ziF) TITLE fir`/ A&nd; egk5 3 ay lay % •� 7casuier' 8. Give names of officers or any other persons paid for services to the organization: NAME ADDRESS btreet,city,ziFj TITLE A10, ee- 9. In whose custody will organization records be kept? NAMEArf ADDRESS -2-&J( L[adeS/ane. �f jAnl I%A% street,city,state, Business Telephone Number Home Telephone Number 4$,2 - G 7 7 y 0 'JLI GGL city - State zip 2. Are premises owned or leased by sponsoring organization? A/o 3. Date or dates games will be played ffpe,ri� Date and/or day(s) of week 4. Hours of the day games will be played:From 7;W, to /n P.M. n 5. Maximum number of players 15-n M to p p4. 6. Number and value of prizes to be awarded ORGANIZATION INFORMATION: 1. Address where regular meetings are held Ss Street City 2. Day and time of meetings Trs "fear/i mrirr - 73U�� 3. Is the applicant organiza ion organized under the laws of the State of Minnesota? Yes No 4. How long has the organization been in existence? /00 !,Le3 5. How many members in the organization? /j0 6. What is the purpose of the organization?EgTE,CNuI Gr lzGiho (-I • 7. Officers of the Organization: NAME ADDRESS (street,city,ziF) TITLE fir`/ A&nd; egk5 3 ay lay % •� 7casuier' 8. Give names of officers or any other persons paid for services to the organization: NAME ADDRESS btreet,city,ziFj TITLE A10, ee- 9. In whose custody will organization records be kept? NAMEArf ADDRESS -2-&J( L[adeS/ane. �f jAnl I%A% street,city,state, Business Telephone Number Home Telephone Number 4$,2 - G 7 7 y 0 AGENDA REGULAR MEETING EAGANCITY-COUNCIL EAGAN; MINNESOTA CITY HALL FEBRUARY 21, 1984 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE.OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS P` A. Fire Department �'1 C. Park & Recreation Department L B. Police Department Q D. Public Works Department f e' \ E. Protective Inspections Department IV.. 6:55 - CONSENT ITEMS (One Motion Approves All Items) b A. Personnel Items b B. MEED Agreement/Dakota County e 7 C. Contract 82-7, Change Order i%2, Cinnamon Ridge 3rd Addition Q' (Streets & Utilities) D. Project 394, Receive Feasibility Report/Order Plans & Specifications e (Yankee Doodle Reservoir - Repainting) �(O E. Knights of Columbus for Bingo License on 4-6-84 Q %1 F. Project //398, Receive Petition/Order Feasibility Report & Plans e (Suncliff 2nd Addition) V. 7:00 - PUBLIC HEARINGS (� A. Project 349, Blue Gentian Road (Streets) Q 3(o B. Project 372, 1-35E (Utility Crossings & Streets) VI. ` OLD BUSINESS T .3� A. City Code Update VII. NEW BUSINESS A. George L. & Miriam M. Nall for the Keeping of a Horse on a Q4.50 -acre Parcel Zoned R-1 (Residential Single District) Located in Part of the SWk of the NWk of Section 22, Parcel 10-02200-040-27, 3960 Pilot Knob Road 000 B. Perry Kieffer for a Conditional use Permit for Commercial Storage 1 Facilities in an Agricultural Zoning District in Part of the SA �1 of the NEk of Section 24, 3955 Dodd Road, Parcel 10-02400-010-05 I C. Tri -Land Co., Inc., Brad Swenson, for Preliminary Plat, Sunset 4th Addition, Containing 15.16 Acres with 32 Single Family Lots iri Part of the NWk of the NWk of Section 25, South of County Road 30 (Diffley Road), West of Saddlehorn Addition and North of Hackmore Drive Eagan City Council Agenda February 21, 1984 Page Two VIII. ADDITIONAL ITEMS IDSA. Burnsville/Eagan Cable Commission Update Q 10bB. Approve MnDOT Cost Participation Agreement #61824 (I-494) C10 -1c. Approve MnDOT Cost Participation Agreement #61932 (1-35E) f,l01D. Approve Dakota County Cost Participation Agreement (MnDOT Agree- ment #61933 - Diffley Road & Pilot Knob Road) 1O E. Contract 84-1, Receive Bids/Award Contract (Lone Oak Road/T.H. 55 Q - Watermain) 1}k F. Contract 84-3, Approve Plans/Authorize Advertisement for Bids e' (Almquist Lake Lift Station) C. Contract 82-7, Final Payment/Acceptance/Cinnamon Ridge 3rd Q' Addition (Streets & Utilities) 111H. Consideration of Sewer & Water Utility User Rates for 1984 e Q Ila I. Consideration of Trunk Related Assessment Rates for 1984 P IX. VISITORS TO BE HEARD (For those persons not on the agenda) X. ADJOURNMENT MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 17, 1984 SUBJECT: AGENDA INFORMATION MEMO/FEBRUARY 21, 1984 COUNCIL MEETING After approval of the February 7, 1984 regular City Council minutes and the agenda for the February 21, 1984 regular City Council meeting, the following items are in order for consideration: FIRE DEPARTMENT • A. Fire Department -- There are no items to be considered under Fire Department at this time. POLICE DEPARTMENT B. Police Department -- There are no items to be considered under Police Department at this time. PARK & RECREATION DEPARTMENT C. Park & Recreation Department -- There are no items to be con- sidered under Parks & Recreation Department at this time. PUBLIC WORKS DEPARTMENT D. Public Works Department -- There are no items to be considered • under Public Works Department at this time. PROTECTIVE INSPECTIONS DEPARTMENT E. Protective Inspections Department -- During 1983, the 1978 Nova (used police car) was approved for replacement in the Building In- spection Department. The City authorized the purchase of a 1984 one-half ton pickup (F100) in the amount of $8,916 from Southview Chevrolet. The department's budget for equipment certificates in 1983 has been considered at $10,500, and due to a price break, the equipment, according to specifications, was purchased at the $8,916 figure. This equipment has been delivered and is being used pri- marily by the Assistant Building Inspector/Fire Marshal. The Chief Building Inspector anticipated replacement for the 1975 Ford F100 pickup that has been used by the Fire Marshal. This unit is experi- encing a number of mechanical problems as well as body problems and should be considered for replacement. The Building Inspector had anticipated the replacement this year and requested $10,500 in the operating budget for 1984 which was omitted by the City Coun- cil with the understanding it would be later considered as a possi- Agenda Information Memo February 21, 1984 City Council Meeting Page Two ble equipment certificate. The City Administrator addressed the City Council at the January 18 City Council meeting and was advised to contact Peoples Natural Gas Company and any other users of the small compact pickups to determine whether these pickups are proving to be more efficient than the full size pickups for performance, longevity and resale. The Chief Building Inspector has made a com- parison of the compact pickups and standard pickups and a copy of his response is found on page -3.. The Chief Building Inspector has also had the 1975 For assessed by the maintenance garage and the repair work that is needed is estimated at approximately $1,000 with no consideration for labor. Currently, that pickup is not being used due to a break in transmission problem. Enclosed on pages through E_ is a copy of a memorandum from Chief Buil- ding Inspector Peterson to the City Administrator reviewing the • equipment problems. Because the Inspection Department is working primarily in new sub- divisions and often streets and driveways are in a rough preliminary grade status, the P100 has proven to be very efficient as a vehicle for those conditions. The analysis between a full size vehicle and compact is brief and a more comprehensive study can be made if the City Council so desires. If the City Council desires to purchase a second half -ton pickup, Southview Chevrolet will recog- nize the $8916 bid for a 1984 heavy duty half -ton pickup cr-pati:ole with the pickup purchased in December 1983. This equipment would be purchased from equipment. c:crtificates in 1984. For City Council reference, the other vehicle that is used in the Building Inspection Department is a used police Citation which the Chief Building Inspector uses for meetings, inspections and general • use within the department. The mechanical and electrical inspectors are paid as consultants and therefore use their own vehicles. The new plan check personnel to be hired by the City will perform most of his or her work in City Hall and would utilize, for the present, the Citation jointly with the Chief Building Inspector. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny authoriza- tion to purchase an F100 half -ton pickup in the amount of $8,916 from Southview Chevrolet as an authorized expenditure under 1984 equipment certificates. L January 18, 1984 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE PETERSON, CHIEF BUILDING OFFICIA RE: COMPARISON OF COMPACT PICKUPS AND STANDARD PICKUPS FOR DEPARTMENT USE I have discussed American made compact pickups with Peoples Natural Gas, Eagan Public Works and shop mechanics at two dealerships. I also have studied the U.S. Department of Energy's 1984 EPA fuel economy estimates. The Chevrolet GMC and Ford compacts with six cylinder engines and automatic transmission have provided their owners with a fuel consumption of 19 - 22 miles per gallon and maintenance costs were good and somewhat less than the standard pickup. • Standard pickups by the same manufacturers with the same equip- ment, bought with a 300 - 310 cubic inch V8 engine, averaged 13 - 17 miles per gallon and the base price was $300 to $500 more. Peoples Natural Gas reported that their experience with compact pickups manufactured outside the United States have proved unsatisfactory and American made are satisfactory for ordinary uses. All of the operators and mechanicss were doubt- ful though that the compacts would be feasible for the amount of off -,street use demanded by the department because of the lower ground clearances and the difference of the material strength used in the full-size pickups. It also is unknown whether or not the compact pickups will give the five-year service necessary for long term efficiency and economy. Most of the reports that I have been checking have been in generalities, but if you need specifics, I will attempt to get them for you. • I will request quotations immediately upon receipt of your answer on which type of unit the department should purchase. DP/js 2 February 2, 1984 MEMD TO: •' HEDGE. CITY AEMMISTRATOR • DAT PEURSM, OMEF BUnDINGOFFICI4 RE: UNIT #501, 1975 FORD The manual three -speed transmission of Unit 501 failed on or about January 18. This was in addition to the already dangerous brakes. We had hoped to keep it operating as it was the most feasible one • to use until the replacement for 502 was authorized. Bill Branch, Superintendent of Public Works, prepared a repair estimate on 501 for me in hopes it would be economically feasible to make it last for a few more miles. The resulting estimate using almost all in-house labor was $917. aryl that was to do the minim= repairs as required by law. I I have enclosed Bill's cost breakdown for your use. It would be unfair for the inspectors to use their own cars as the City's 200 per, mile car allowance is about one-half of the actual cost to operate their wm vehicle. Thank you for your consideration of this problem. DP/js Encl. 0 • MEMO TO: DALE PETERSON FROM: BILL BRANCH, SUPERINTENDENT PUBLIC WORKS DATE: FEBRUARY 2, 1984 SUBJECT: 1975 FORD F100; Engine 302; Unit #501 Master $S2.48 L.F. Caliper 41.78 R.F. Caliper 41.78 L.R. W/Cylinder 12.99 R.R. W/Cylinder 12.99 Rotors 134.28 Drums 120.22 . Differential Valve Starter 62.00 27.95 Pads 10.10 Shoes 9.55 Muffler 41.87 Transmission 350.00 • 917.90 1 week to 10 days for parts. Agenda Information Memo February 21, 1984 City Council Meeting Page Three There are six (6) items on the agenda referred to as the Consent Agenda requiring one (1) motion by the City Council. If the City Council desires to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. Personnel Items -- There are two (2) personnel items for consi- deration. • 1. The City has been able to obtain a level' one custodian through the Minnesota Emergency Employment Development Act (MEED) for six months at a rate of compensation of $4.00 per hour. There is no expense to the City of Eagan. The person is Jeff McGuffee. Mr. McGuffee is our park foreman's, Jim McGuffee, brother. Mr. McGuffee will not be working under any supervision or at any time with his brother. Since the position is not a full-time position with the City and is being sponsored through the MEED pro- gram, there is no conflict with our existing personnel policy. 2. The City has budgeted, in the Police Department budget, effective March 1, 1984, the hiring of a full-time police officer. Chief of Police Berthe is recommending that Steven Grimm, who is currently a cadet with the Eagan • Police Department, be appointed by the City Council as a full-time officer. Mr. Grimm has completed all of his schooling and P.O.S.T. requirements to become a licensed police officer in the State of Minnesota. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Mr. McGuffee under the MEED program and Mr. Grimm as a new patrol officer to be effective March 1, 1984. MEED AGREEMENT B. MEED Agreement -- Dakota County has forwarded to the City for execution the form MEED agreement covering the employment by the City of Eagan of persons under the MEED program. Presently, there are four such employees. These include Annette Kinstler in Adminis- tration, John Bergstrom in Protective Inspections, James Strum in Parks & Recreation and Jeff McGuffee in General Government Buil- dings. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the Mayor and City Clerk to execute the MEED agreement. u 6 Agenda Information Memo February 21, 1984 City Council Meeting Page Four CONTRACT 82-7/CHANGE ORDER #2 C. Contract 82-7, change Order #2, Cinnamon Ridge 3rd Addition (Streets s Utilities) -- Change Order #2 for this contract consists of three parts: A. Prior to the completion of the street surfacing in the third addition, the developer had not completed his overall site grading. Subsequently, in order to complete the grading on the north end of the project, it was necessary that the material be moved over the partially completed street construction. It was agreed that this development would be responsible for any subsequent damage to the road bed caused by this dirt moving operation. (Add $4,713.08.) • B. The contract proposal inadvertantly omitted a requested bid item to complete the storm sewer system as designed within the approved plans. Subsequently, this work was performed on a time and material basis. (Add $662.35.) C. During the site grading and excavation work by the develo- per, the developer buried his tree removal and miscellane- ous debris along the alignment of the proposed storm sewer which resulted in extra costs to correct the pipe bedding for the storm sewer. Due to the fact that this tree and debris burial was unauthorized within the City easement, the developer is responsible for the costs incurred by the City's contractor. (Add $1,561.54.) All costs associated with this change order will become the respon- sibility of the development and included in the final assessment • figures. The total increase for Change Order #2 to be added to Contract #82-7 is $6,936.97. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 82-7 and authorize the Mayor and City Clerk to execute all related documents. W Agenda Information Memo February 21, 1984 City Council Meeting Page Five FEASIBILITY REPORT/PROJECT 394 D. Project 394, Receive Feasibility Report/Order Plans & Specifi- cations (Yankee Doodle Reservoir - Repainting) -- The approved 1984 utility budget provided for the repainting of the Yankee Doodle Road 5.0 M.G. water reservoir. This reservoir has not been re- painted since its construction in 1971. Subsequently, the Public Works Director requested that a feasibility report be prepared and it is now being presented to the Council, a copy is enclosed on pages �_ through _�, for your review and approval. Due to the fact that there are no assessments associated with this project and that the funding has been provided for in the 1984 utility bud- get', no public hearing is necessary. Therefore, the Public Works • Director is requesting authorization from the City Council to pre- pare detailed plans and specifications which will be reviewed by the Council in further detail during March. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 394 (Yankee Doodle Reservoir Repainting) and approve the preparation of detailed plans and specifications for Contract 84-4. REPORT MV REPAINTING of 5.0 M.G. • YANKEE DOODLE .WATER RESERVOIR • PROJECT No. 394 Film EAGAN, MINNESOTA /� )) Comma 49295 Bamedfiw,o i(odeow, tl%" .9 Ad4C&d i, Yne. (?6nd"uwy c"94wou At P"4 .mkww"la 0 $J. P..R A("..." 55119 PA,. 612.636-4600 February 8, 1984 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55121 Re: Repainting of 5.0 M.G. Yankee Doodle Water Reservoir Improvement Project 394 Our File No. 49295 Dear Mayor and Council: Ono G. Bonnnoo. P.E. Rohm W. R. , P.E. Jonah C. Arrd.IJ. P.E RiodJwd A. Lvrv". P.E. Ri UM E. Tonne. P.E. A. C. O4 . P.E. Glenn R. Caoh. P.E. Kmrh A. Gwdon. P.E Thw E. A'a)n. P.E Rr W. Fw . P.& Rohm G. Schwricht. P.E. Mann L so . . P.E. Oona&C. Bpm,. P.E. Jmy A. 8W 0., P.E. Mw! A. Nar . P.E TN K. F6&. P.E. MehaN T. R.I... AL Rohn R. Pfd/". AF Vorof Lorhwa. P.E Ch A. Ertctton Ln M. ft. y Halon M. 06 Transmitted herewith is our report for the repainting of 5.0. M.G. Yankee Doodle Water Reservoir,' Project 394. This report studies the paint coatings of the above referenced reservoir and discusses the feasibility of replacing the exterior paint system. 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, BONESTROO, ROSENE, ANDERLIK b ASSOCIATES, INC. • Robert W. Rosen • RWR:mb 4%e4' Q • BIt4)twU4,t Keith A. Bachmann KAB:mb 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. L4.) • N` O-� Robert W. Rosene, P.E. Date: Feb. 8 1984 Reg. No. 3488 Approved bye homas A. Colbert, P.E. Director of Public Works Date: 2—/3-tfi` 9249b /D SCOPE: This project provides for the repainting of the exterior of the 5.0 million gallon water reservoir. This reservoir is located along Yankee Doodle Road, just west of State Highway 149. FEASIBILITY AND RECOMMENDATIONS: The subject project is feasible from an en— gineering standpoint. It is most effectively bid as a single project. DISCUSSION: The 5.0 M.G. Yankee Doodle Road water reservoir was constructed and originally painted in 1971. The reservoir has not yet been repainted. In 1980, this reservoir was completed drained and thoroughly inspected. • This inspection indicated deterioration of the exterior surface painting. The interior paint system, however, had not yet deteriorated to any significant degree. Tiny paint blisters were evident, but no peeling or flaking of the existing paint system had occurred. Our recent inspection of this reservoir site confirmed that the exterior paint coating has significantly deteriorated. Among the more noticeable signs of this situation is a large amount of rust formation on the relatively flat tank roof, and rock chips and carved graffiti on the sides. The coating on the tank interior as observed from the manhole in the top appears to still be • in quite good condition. It is recommended that only the exterior tank coating be replaced with this project. In light of the relatively good condition of the tank interior coating and the continued use of an effective cathodic protection system which minimizes corrosion, it is believed that significant additional life is attainable from the existing interior coating. Page 1. 9249b We do recommend, however, that the interior be inspected annually to de- termine when recoating will be required. Recoating will probably. be required in another 3 to 5 years. The original tank exterior coating system was a Tnemec No. 77 Chem -Prime metal primer followed by two coats of Tnemec Exterior Tnemec-Gloss Enamel. The total dry paint thickness was checked and found to range from 4 - 6 mils. The total thickness averaged just slightly over 4 mils. Due to the severly deteriorated condition of the existing coating, it is recommended that the entire exterior tank surface be given a commercial sand blast cleaning to remove the present coating system and prepare the surface • for proper paint application and adherance. It is further proposed that a new coating system consisting of two epoxy - polyimide prime coats followed by a finish coat of an aliphatic polyurethane enamel be applied to the tank exterior. This proposed paint system is superi- or to the existing paint system. It is designed to provide high resistance to abrasion and corrosion, to provide long-term retention of initial color and gloss, and, to provide easy removal of graffiti. This is the same exterior paint system as that used on both the 2.0 M.G. Cliff Road reservoir and tho 4.0. M.G. Safari Pass reservoir. Currently, the City name "Eagan" is not painted on this reservoir. Prior to development of the repainting project specifications, it is recommended that the Eagan City Council determine whether it wishes to have "Eagan' painted on the reservoir as part of this project. Relative to project scheduling, this reservoir repainting was originally planned for the 1983 construction season. It was moved back to the 1984 con- struction season to allow the new 4.0 M.G. Safari Pass reservoir to effective - Page 2. 9249b f2 ly increase Eagan's total water storage capacity and to minimize, as much as possible, the impact of taking the 5.0 M.G. reservoir out of service for the repainting period. The timing of this project within the construction season is very criti— cal. It is essential that this water reservoir be operational during the hot, dry months in which water usage is greatest. Therefore, it is recommended that the project commence as early in spring as weather permits, and that the project completion date be set at June 15, 1984. It is also recommended that • = substantial liquidated damages be specified to ensure chat this project is ex— pedited. COST ESTIMATE: The project costs are included below. It is anticipated that this project would be bid on a lump sum basis. Exterior Sand Blasting and Repainting $42,000 + 5% Contingency 2,100 $44,100 + 27% Legal, Engr., Admin. b Bond Interest 11.900 ESTIMATED PROJECT COST ................ $56,000 • - The estimated project cost includes 5% contingencies and 27% for legal, engineering, administration and bond interest. ASSESSMENTS: It is assumed that no assessments will be levied for this proj— ect as it is an expected periodic maintenance item of the water storage system. REVENUE: It is assumed that the entire cost of this project will be covered by the water system renewal and replacement fund. Page 3. 9249b 13 PROJECT SCHEDULE Present Feasibility Report Approve Plans b Specifications Open Bids Award Contract Construction Completion Page 4. 9249b 14- February 21, 1984 March 6, 1984 March 30, 1984 April 3, 1984 June 15, 1984 • • , 0 • International 0 Aviation Obatn....... o..o... ! "AAl J ELEVATION PROJECT No. 894 5.0 M.G. YANKEE DOODLE WATER RESERVOIR NO SCALE COMM. 49295 BONESTROO, ROSENE, ANDERLIK, & ASSOC., INC. 1984 AS Agenda Information Memo February 21, 1984 City Council Meeting Page Six KNIGHTS OF COLUMBUS BINGO LICENSE E. Knights of Columbus for Bingo License on 4-6-84 -- Mr. Joe Merlo and Mr. Don Wilson O'Grady (Bingo Manager) are requesting a bingo license on behalf of the Knights of Columbus for a special event on April 6, 1984, from 7:00 to 10:00 p.m. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a bingo license for the Knights of Columbus. Special Note: The City Council has asked in the past that all gam- bling license applications be made available for their inspection. Therefore, a copy is included without page number for their review • and is available to the public upon request. • /6 Agenda Information Memo February 21, 1984 City Council Meeting Page Seven PROJECT 398/ORDER FEASIBILITY REPORT 8 PLANS F. Project 398, Receive Petition/Order Feasibility Report & Plans (Suncliff 2nd Addition - Streets & Utilities) -- The City has re- ceived a peititon from the developer of the Suncliff Addition (Ad- vance Developers, Inc.) requesting the City to proceed with a public contract for the installation of streets and utilities to service the remainder of their Suncliff Development (2nd Addition). In addition to requesting the feasibility report and public hearing, they have waived their rights to a public hearing, guaranteed all costs associated with the preparation of the feasibility report and plans and request that the Council authorize a simultaneous preparation of detailed plans and specifications with the feasi- bility report to expedite the public improvement contract process. • ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition from Advance Developers, Inc., and authorize the preparation of a feasi- bility report for Project 398 and the preparation of detailed plans and specifications. • 17 Agenda Information Memo February 21, 1984 City Council Meeting Page Eight PROJECT 349/BLUE GENTIAN ROAD A. Project 349, Blue Gentian Road (Streets -Storm Sewer) -- During 1983, MnDOT started finalizing the construction plans for the easterly extension of I-494 and its interchange with T.H. 149 (Old Dodd Road). Due to the configuration of this interchange, it was necessary to relocate Blue Gentian Road further to the south. Sub- sequently, segments of West Blue Gentian Road and East Blue Gentian Road will be upgraded to City standards. Subsequently, the City Council authorized the preparation of a feasibility report to dis- cuss the benefits associated with the relocation and upgrading of • East and West Blue Gentian Roads. On January 17, the City Council formally received the feasibility report for Project 349 and scheduled the public hearing to be held on February 21. Enclosed on pages j9 -3S is a copy of the feasi- bility report for your reference during the public hearing. All notices have been published in the legal newspaper and sent to all property owners who would be affected by this proposed im- provement. With the tight time frame associated with the progression of I-494, It is important that this project be approved or denied on February 21 so that MnDOT can proceed with the advertisement for bids and subsequent contract award during March. • The Director of Public Works and Consulting Engineer will be availa- ble to discuss the details associated with this project at the pub- lic hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve or deny Project 349 (Blue Gentian Road - Streets & Storm Sewer). Vol REPORT ON BLUE GENTIAN ROAD 0 STORM SEWER & STREET IMPROVEMENTS PROJECT NO.349 M EAGAN, MINNESOTA 9 1983 FILE N0.49242 Bared&=, %`odewe, 4mds4 !!a a 4d4w ated, Am exp a & P". M&mf"* o NJ 0q 1833 *// i...d ilJpL.y &. P..< A" -d- 33113 P".. 6f2.636-4600 January 31, 1984 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55121 Re: Blue Gentian Road Street 6 Storm Sewer Improvements Project 349 Our File No. 49242 Dear Mayor and Council: Gk R. Cook. P.E K61h A. Gwdm P.E. Th. E. N.M P.£. Rkhwd W. Fwm P.E. Ra G. Schn hl. P.E. Mw L Swmk. P.E. Do..M C. "W ,. P.E. Jn A. Rou m P.E. Mm! A. H� P.E. Ted K. FkM. P.E MkAM T. R --m P.E. Rohm R. P1Hprk. P.E Dnid Ja+ =. P.E. Chute A. E km. /AO M. Pd. *, Hw M. Ok.n Transmitted herewith is our report for Blue Gentian Road Street and Storm Sewer Improvements, Project No. 349. We will be. pleased to meet with the Council and other interested parties at a mutually convenient time to discuss this report. Yours very truly, BONESTR00, ROSENE, ANDERLIK b ASSOCIATES, INC. Mar A. Hanson, P.E. 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 Engineer under the laws of the St to offMMiinnesot . Mak A. Hanson, P.E. Date: LJanuary 31, 1984 Reg. No. 14260 Approved by:. t-c•�en; �q omas A. Colbert, P.E. Director of Public Works Date: E -9106b Z 0 r 1 U • O'm G. Raeako.. P.E ft E W. Roue. P.E J.Wh C. AMM . P.0 R dfaN A. L m". P.E. Ri ft,d E. Tums. P.E. Jamas C. Ohm P.E. Gk R. Cook. P.E K61h A. Gwdm P.E. Th. E. N.M P.£. Rkhwd W. Fwm P.E. Ra G. Schn hl. P.E. Mw L Swmk. P.E. Do..M C. "W ,. P.E. Jn A. Rou m P.E. Mm! A. H� P.E. Ted K. FkM. P.E MkAM T. R --m P.E. Rohm R. P1Hprk. P.E Dnid Ja+ =. P.E. Chute A. E km. /AO M. Pd. *, Hw M. Ok.n Transmitted herewith is our report for Blue Gentian Road Street and Storm Sewer Improvements, Project No. 349. We will be. pleased to meet with the Council and other interested parties at a mutually convenient time to discuss this report. Yours very truly, BONESTR00, ROSENE, ANDERLIK b ASSOCIATES, INC. Mar A. Hanson, P.E. 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 Engineer under the laws of the St to offMMiinnesot . Mak A. Hanson, P.E. Date: LJanuary 31, 1984 Reg. No. 14260 Approved by:. t-c•�en; �q omas A. Colbert, P.E. Director of Public Works Date: E -9106b Z 0 r 1 U • SCOPE: This project provides for the construction of storm sewer and street for Blue Gentian Road at T.H. No. 149. Improvements associated with Blue Gentian Road are separated into that portion west and east of T.N. No. 149. Improvements presented herein will be constructed by Mn/DOT as part of I-494 at T.H. No. 149 State Project No. 1985-76 (T.H. 494 = 393). FEASIBILITY AND RECOMMENDATIONS: The project described in this report is feasible as it relates to engineering matters and is in accordance with the • Master Utility and Streets Plans for the City of Eagan. The project as out- lined herein will be constructed by Mn/DOT as part of State Project No. 1985-76 (T.H. 499 = 393). DISCUSSION: STORM SEWER: Storm sewer improvements presented herein are separated into storm sewer constructed as part of West Blue Gentian Road and East Blue Gentian Road. Storm sewer included in East Blue Gentian Road consists of two separate lateral systems as shown on the drawing located at the back of this • report. Both storm sewer systems ultimately discharge into storm sewer pipe included in I-494. ,Storm sewer pipe for this portion range in size from 12" to 24" in diameter. Storm sewer included within West Blue Gentian Road consists of two sep- arate lateral storm sewer systems as shown on the attached drawing located at the back of this report. The easterly storm sewer segment discharges to Pond FP -1. The westerly storm sewer segment discharges directly into a Mn/DOT pond located adjacent to I-494. Storm sewer pipe for this portion range in size from 12 inch to 36 inch in diameter. Page 1. E -9106b 21 STREET: Street improvements presented herein are also separated into that portion of Blue -Gentian Road constructed west and east of T.H. No. 149. East Blue Gentian Road includes 2,187 feet of street constructed east of T.H. No. 149 as shown on the attached drawing. East Blue Gentian Road is a 32 feet wide street constructed to a residential design thickness with bituminous sur- facing and concrete curb and gutter. Due to the alignment of East Blue Gentian Road being shifted southerly from the present alignment due to I-494, a significant amount of tree removal and grading is required. West Blue Gentian Road includes 3,241 feet of street constructed west of T.H. No. 149 as shown on the attached drawing. West Blue Gentian Road is a 44 • feet wide street constructed to a commercial design thickness with bituminous surfacing and concrete curb and gutter. West Blue Gentian Road is being rough graded as part of the RES Grading Permit 4ER02-082. Therefore, no construc- tion is included for grading or subgrade correction as part of this project: AREA TO BE INCLUDED: ASSESSMENT AREA NVh - Section 1 Auditor's Subdivision No. 31 030-01 010-02 010-03 020-04 030-04 Page 2. E -9106b Z Z ASSESSMENT AREA (CONT'D) t$g - Section 2 010-01 010-27 O'Neill's First Addition Lot 1, Block 1 Lot 2, Block 1 • Lot 3, Block 1 The Robert O'Neill Homestead 022-00 085-00 087-00 088-00 • COST ESTIMATES: Detailed cost estimates are presented in Appendix B located at the back of this report. These coat estimates were obtained from Mn/DOT. ,A summary of these costs are presented below: Storm Sewer - East Blue Gentian Road $ 77,970 West Blue Gentian Road 114,120 Street - East Blue Gentian Road 176,020 West Blue Gentian Road 253,370 TOTAL $621,480 Page 3. E -9106b 2.1 The total estimated coat for this project is $621,480 which includes con- tingencies and all related overhead. Overhead costs are estimated at 27% and include legal, engineering, administration, and bond interest. ASSESSMENTS: Assessments are proposed to be assessed against the benefited property along Blue Gentian Road. A preliminary assessment roll is included in Appendix A located at the back of this report. STORM SEWER: One half the cost of the lateral storm sewer included in East Blue Gentian Road will be assessed on a front foot basis to the benefited • property located on the south side. The rate per front foot is determined by dividing the total storm sewer amount in half and dividing that amount by the assessable footage. The remaining cost (one-half) of the lateral storm sewer will be the responsibility of Mn/DOT which has all of the abutting frontage on the north side. It is proposed the lateral storm sewer cost for West Blue Gentian Road will be assessed on a front foot basis to the benefiting property on both sides. Trunk storm sewer costs which includes storm sewer larger than 24 inch in diameter will not be assessed, but will be the responsibility of the City • trunk fund. STREET: For East Blue Gentian Road, it is proposed to assess the benefit from these street improvements to the adjacent property on the south side at a residential equivalent rate. The residential equivalent rate assumes only that amount of grading necessary to construct the street to the residential design thickness. It is assumed the remaining amount required for grading will be the responsibility of City and State funds. Calculations relating to the residential equivalent rate are presented in Appendix A. Page 4. E -9106b 2 4 n LJ In accordance with. Special Assessment Policy #82-5, it is proposed to assess the benefiting property for street improvements for West Blue Gentian Road at the commercial/ industrial equivalent rate. This commercial/industrial assessment rate per front foot is determined by dividing the total project cost by the assessable footage. Assessment rates presented herein will be revised based on final project costs for the commercial/industrial rate for West Blue Gentian Road and bid unit prices as they relate to the residential equivalent rate for East Blue Gentian Road. REVENUE SOURCES: Revenue sources required to construct this project are listed below: STORM SEWER PROJECT COST REVENUE BALANCE Lateral $171,370 Trunk $ 20,720 Lateral Assessments $132,385 • $192,090 $132,385 $ -59,705 STREET Lateral $429,390 Lateral Assessment $310,551 $429,390 $310,551 $ -118,839 $ -178,544 The estimated project balance after assessment is $ -178,544, which is assumed to be the responsibility of City and State funds. Page 5. E -9106b 02,5 5 PROJECT SCHEDULE Present Feasibility Report Jan. 17, 1984 Public Hearing Feb. 21, 1984 Approve Plans S Specifications Feb., 1984 Open Bids March, 1984 . Award Contract April, 1984 Construction Completion Nov., 1985 Assessment Hearing Spring, 19864 First Payment Due with Real Estate Taxes May, 1987 Page 6. E -9106b Z6 • APPENDIX A PRELIMINARY ASSESSMENT ROLL BLUE GENTIAN ROAD STORM SEWER AND STREET IMPROVEMENTS PROJECT NO. 349 (1) Represents one-half storm sewer amount for East Blue Gentian Road per Appendix B. Page 7. E -9106b 27 I) LATERAL STORM SEWER Assessable Total Parcel Footage Rate/F.F. Assessment A) East Blue Gentian Road M Section 1 Auditors Subdivision No. 31 030-01 26 $20.11 523 010=02 1006 20.11 20,226 • 010-03 95 20.11 1,910 020-04 260 20.11 5,227 030-04 50 20.11 1,005 NE4 Section 2 O'Neill's First Addition Lot 1, Block 1 130 $20.11 2,613 Lot 2, Block 1 125 20.11 2,513 Lot 3, Block 1 120 20.11 2,414 The Robert O'Neill Homestead 088-00 127 $20.11 2,554 TOTAL 1939 $38,985 (1) • B) West Blue Gentian Road NETS Section 2 010-01 450 $15.70 7,065 010-27 1930 15.70 30,302 The Robert O'Neill Homestead 022-00 1009 $15.70 15,841 085-00 1010 15.70 15,857 087-00 1550 15.70 24,335 TOTAL 5949 $93,400 (1) Represents one-half storm sewer amount for East Blue Gentian Road per Appendix B. Page 7. E -9106b 27 II. STREET Parcel A) East Blue Gentian Road NA Section 1 Auditors Subdivision No. 31 030-01 010-02 010-03 020-04 030-04 NESE Section 2 O'Neill's First Addition Lot 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 The Robert O'Neill Homestead 088-00 TOTAL B) West Blue Gentian Road N)i Section 2 010-01 010-27 The Robert O'Neill Homestead 022-00 085-00 087-00 TOTAL E -9106b APPENDIX A (CONT'D) Assessable Footage Rate/F.F. Total Assessment 26 $29.49 $ 767 1006 $29.49 29,667 95 $29.49 2,802 260 $29.49 7,667 50 $29.49 1,475 130 $29.49 $ 3,834 125 $29.49 3,686 120 $29.49 3,538 127 $29.49 3,745 1939 $57,181 450 $42.59 $19,166 1930 $42.59 82,199 1009 $42.59 $42,973 1010 $42.59 43,016 1550 $42.59 66,015 5949 $253,370 Page 8. 29 • • CALCULATION FOR RESIDENTIAL EQUIVALENT RATE 1.1 Cu.yds. Common excavation @ $1.05/cu.yd. $ 1.16 2.5 Cu.yds. Subgrade excavation @ $1.25/cu.yd. 3.13 0.73 Ton Aggregate base Class 5 @ $7.50/ton 5.48 0.16 Ton Base course mixture, 2331 @ $8.00/ton 1.28 0.16 Ton Near course mixture, 2341 @ $9.00/ton 1.44 0.0176 Ton Bituminous material for mixture @ $180.00/tan 3.17 0.086 Gals. Bituminous material for tack coat @ $0.90/gal. 0.08 1 Lin.ft. B618 concrete curb 6 gutter @ $6.00/lin.ft. 6.00 0.00068 Acre Restoration @ $540.50/acre 0.37 • $22.11 +5% Contingencies 1.11 $23.22 +27% Legal, Engrng., Admin. b Bond Interest 6.27 TOTAL $29.49 • Page 9. E -9106b .21 SUMMARY PRELIMINARY ASSESSMENT ROLL PROJECT NO. 349 The Robert O'Neill Homestead 022-00 15,841 Lateral 58,814 Total 15,857 Parcel Storm Sever Street Assessment NW% Section 1 088-00 2,554 3,745 Auditors Subdivision No. 31 TOTAL $132,385 $310,550 $442,935 030-01 523 767 $ 1,290 010-02 20,226 29,667 49,893 010-03 1,910 2,802 4,712 020-04 5,227 7,667 12,894 030-04 1,005 1,475 2,480 Nst - Section 2 010-01 7,065 19,166 26,231 010-27 30,302 82,199 112,501 O'Neill's First Addition Lot 1, Block 1 2,613 3,834 6,447 Lot 2, Block 1 2,513 3,686 6,199 Lot 3, Block 1 2,414 3,538 5,952 The Robert O'Neill Homestead 022-00 15,841 42,973 58,814 085-00 15,857 43,016 58,873 087-00 24,335 66,015 90,350 088-00 2,554 3,745 6,299 TOTAL $132,385 $310,550 $442,935 Page 10. E -9106b .36 6 • • APPENDIX B COST ESTIMATE BLUE GENTIAN ROAD STREET IMPROVEMENTS PROJECT NO. 349 I. Lateral Storm Sever A) East Blue Gentian Road $77,970.00 Page 11. E -9106b 111 138 Lin.ft. 24" RCP storm sewer @ $38.93/l.f. $ 5,372.00 230 Lin.ft. 21" RCP storm sewer @ $34.75/l.f. 7,993.00 • 212 Lin.ft. 18" RCP storm sewer @ $32.60/l.f. 6,911.00 728 Lin.ft. 15" RCP storm sewer @ $30.77/l.f. 22,400.00 304 Lin.ft. 12" RCP storm sewer @ $26.41/1.f. 8,029.00 44.37 Lin.ft. Construct MN or CB @ $118.00/l.f. 5,236.00 9 Each F 6 I casting assemblies @ $232.00/ea. 2,088.00 1 Each 18" RCP apron @ $228.00/ea. 228.00 ;1 Each 15" RCP apron @ $212.00/ea. 212.00 Total $ 58,469.00 +5Z Contingencies 2,921.00 $61,390.00 +27Z Legal, Engrng., Admin. • 6 Bond Interest 16,580.00 $77,970.00 Page 11. E -9106b 111 APPENDIX B (CONT'D) B) West Blue Gentian Road 404 Lin.ft. 36" RCP storm sewer @ $75.49/l.f. $ 30,498.00 42 Lin.ft. 30" RCP storm sewer @ $57.21/l.f. 2,403.00 390 Lin.ft. 24" RCP storm sewer @ $38.93/l.f. 15,183.00 240 Lin.ft. 24" CSP storm sewer @ $28.00/l.f. 6,720.00 186 Lin.ft. 15" RCP storm sewer @ $30.77/l.f. 5,723.00 268 Lin.ft. 12" RCP storm sewer @ $26.41/l.f. 7,078.00 158 Lin.ft. 12" CMP @ $20.00/l.f. 3,160.00 92.79 Lin.ft. Construct MH or CB @ $118.00/l.f. 10,949.00 13 Each F b I casting assemblies @ $232.00/l.f. 3,016.00 1 Each 36" RCP apron @ $603.00/ea. 603.00 1 Each 24" CMP apron @ $150.00/ea. 150.00 1 Each 12" CMP apron @ $100.00/ea. 100.00 Total $85,583.00 +5x Contingencies 4,277.00 $89,860.00 +27% Legal, Engrng., Admin. 6 Bond Interest 24,260.00 $114,120.00 Page 12. E -9106b 321 • APPENDIX B (CONT'D) II. STREETS A. .East Blue Gentian Road Per Mn/DOT, Grading and Surfacing $132,000.00 Total $132,000.00 +5% Contingencies 6,600.00 $138,600.00 +27% Legal, Engrng., Admin. & Bond Interest 37,420.00 • $176,020.00 • B. West Blue Gentian Road E -9106b Per Mn/DOT, Surfacing $190,000.00 Total $190,000.00 +5% Contingencies 9,500.00 $199,500.00 +27% Legal, Engrng., Admin. b Bond Interest 53,870.00 $253,370.00 SUMMARY Storm Sewer - East -Blue Gentian Road $ 77,970.00 West Blue Gentian Road 114,120.00 Street - East Blue Gentian Road 176,020.00 West Blue Gentian Road 253,370.00 Page 13. 13 $621,480.00 0 .1 1; 1; •He � IIR$T . ITION ROBERT 0 NULL HOMESTEAD LEGEND STORM. SEWER ASSESSMENT (RATE /F. F. ) S7 REST ASSESSMENT (RATE IF.F.) 020.0. 050.0. "00.5 Sao NO SI EAST BLUE GENTIAN ROAD STORM SEWER AND STREET IMPROVEMENTS PROJECT NO.349 EAGAN, MINNESOTA • C I 010-02 I'q 9q 050-01 smaF m aws, SLI & ALM = T NORTH o roo 200 SCA,E 1. FEET smaF m aws, SLI & ALM = 4 POPtn 0 100 200 SCALE � LEGEND A b STORM SEWER ASSESSMENT (RATE / F F 1 i , STREET ASSESSMENT (RATE /FF) EAGAN. MINNESOTA mms=06 "sm mpmx a "30r, w— Agenda Information Memo February 21, 1984 City Council Meeting Page Nine PROJECT 372/I -35E STREETS & UTILITIES B. Project 372, I -35E (Streets 8 Utilities) -- During the past several years, as the progression of I -35E through the City of Eagan became more of a reality, the Public Works Director and Consulting Engineer worked very closely with MnDOT to evaluate the impact of this interstate through our community in relationship to relocation of existing and construction of future streets and utilities. As MnDOT's plans became more finalized, the City and the Consulting Engineering firm were able to evaluate the needs for streets and utility installation and subsequent benefit derived from adjacent properties. • Subsequently, a detailed feasibility report was prepared incorpora- ting all proposed improvements associated with I -35E from Diffley Road to just south of the Lone Oak Road interchange. Due to the length of this 75 -page report, it is enclosed in your packets as a separate document without page numbers for use during the public hearing. All notices have been published in the legal newspaper and sent to property owners who would be assessed for the benefits received from the improvements associated with this project. It is proposed that all construction associated with this project would be per- formed by MnDOT under a cost participation agreement. Due to the tight time schedules associated with the construction of this sec- tion of I -35E, it becomes important for the Council to take action on this project at the public hearing on February 21 so that MnDOT can proceed with the advertisement for bids for a contract award in March of 1984. • Enclosed on pages 3 % through 3 is a letter received from Leo Murphy concerning this agenda item. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve, deny or modify Project 372 for the installation of streets and utilities associated with I -35E. 3C 1a "lye a -Nd Ea�a1 c rj Cc, W<<'/ mC.'<bEr; Fes• !„ . � � �. rc «ry � y r � - /� - �y �E rMF •L'� h�E.T Pf,�c<r fie. 37Z - r3aE, DcrF wocd D1 r12, / e a;t- . tt.e la. b /.0 /iFah— Val, i„ S u 6 1-a, . Tr: i.q i/i C �o /A J V /nEhE E. $oL+'. E. I.t'rr//E 14 -Akd OH2/ aq%EE I+•Fsr'/'S of �dt•h uk– uh 'Td -,d b•t✓e1c/try d'la / adlise,.e. i. of Ra btrt /t'�3e.eE Lcr. ti' e- rl.�. t.� v� Ea ak/ • f-O`e r fer f• .9 t {�e.0 Gc-�o+ �, � s s +c r, o f ,., k i c ►� t w a> a >» , ✓elop zr5 SH6mi7 -d eJar6>-F�ve JO.kj Yr. /O ~U�eI-TSS/OH f'i7 e. i.�/G>i S.�CiJ !n T�`2 C1, / 70 % / le veli: ►y {�,l/s a. wrife� 7yrce i-ewTy .✓�r�e dFawk orr a, d i�/�`ky do les C<.,,,�. ak To bats. p k.,,�Te� a„d T4e a .re <..r e} 6(acrr d��r re �i//. A, �/eewG,.r was hea�Ned o++ �oc=t/a-)* of + srLe L sTreaT T'e 'rny h�P¢rTy a.tid R.vef%ti Ate./ecaTed half war • �°, T'�,e_ IdhM��ty CO H9 r.+/SaSKe� fAaT y d4 -a <'17arr Jp�1� 4Qs<�>t $�.+u rkq cuui;'k iL bE.'r..� e8 n ,i�r 1 Hr c 6 S r•'+,P /er fa,„. /yJ Byrd D..��.� //e- �• e d c r: Tb•'s r d,d s T a r., � 1 y A t -s r h e 5 a `., e S .` z e_ e >+ )-n7 IP e �G.Ja 1-4 e- r �awve 8 /erS 1/a+.J< 1.ay �k�er7y /� he. weir /� /b ho Ql'e S/Sea *` fD Vr/, /ex ! h' apart •.. f-J7 to ti, •riz, o` o C J +, r '., rb f Oc<M, /��sE d7 7 p/ar a /se Showe pd aaftti.r e1<ts / 6Ey r tkQ Sa-, e r woo r/ �f. 3 5 e`da} ('jrc vG � ! S ��&0 t k5 The Sa 1r+e Ar1- 2 c� mss o Wro Vecr,v oCe 1�t �. roves ci ta66fk d. 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F t d \ f�r be /• a P� (%) j -/re pF-rer7y e� 77�� �asT �` ��r✓e/ ,s 2ahe.l Thar %h,s S rrrer s c��, srr-rT ed 7z f-ar k•9(, de+rs�rf, deoe%6e "e --r (2) Tti s wr// CHeta7e/a 1r,91r c>e /K ,... of tr�ti,� dchcss iyY��i�errYy7�+,6 wok/,: Fed o"r e+, tl+e'lke5a-�,T0 /o cat,o�4 ors Oc �rr'tiao,: dr. (3) Y6%g k%�!, Uo �rc zu•,.• 01 fF? fS%... w•%l re s'�/t i 1• co �rsrlef-- ai/e :k ci e�sc ; �t �eioe est dr'r / co *Y es Y•oa o�, Mr / o�ei tr 1`�%s ! k ! 4F4 !✓ (/ �fas/1.c S//y 1-edkce- �6c vd/.ra of m� /of5 a/cN� A-7 5r; / R) /Ae kJ way nepj. /vlz„.3 ,-per s— a ba k- T A,'// ri a So ttk tFa// �s r7 a4 /.. .' . CuA S,f 6hiy /2. ,$%o6 e- F'F/re. T4i5 iir 7.+ Toe f /��eL Yc -1A iuesf f1�d �' eNorA d ff• e ✓e- lhJk` a.7 �' over 9A e. 0 so�fh ,vest- parr of >nr p��eFry/TLziss yr c,7`/� fe3'{ FrcT 7NA ace ess t , 7 er 5e 4-4 of Peet - .. t�hl AiK/`:ry u.il/ a(!e F-eJfcce 19 (LJ (ogF1s Aare /Fa/eJ tp-1.T- 7-/,afe Chale >, r be ssassT-e.,t- C Agenda Information Memo February 21, 1984 City Council Meeting Page Ten CITY CODE UPDATE A. City Code Update -- The original ordinance codification was adopted effective January 1, 1983, when the first City Code was formally implemented for the City of Eagan. Because of legislative changes that occurred in 1983, the adoption of new City legislation (ordinances) and a proposal to amend or adopt new legislative ordinances,the City Administrator proposed an update of the City Code. Upon City Council authorization the City staff, specifically the City Administrator, Director of Finance, and Admin- istrative Assistant in charge of the City Clerk Division of Finance, have met with the City Attorney's office and Mr. Roger Jensen to review all chapters of the City Code and discuss Minnesota legisla- tive changes, City ordinance changes, and proposed City legislation. • Mr. Jensen has codified all the revisions for the City Code which includes all the changes that would occur for a reason referenced above. The City Administrator has attempted to recognize the intent of the City Council by keeping any and all ordinance amendments that may attract a significant change in public policy out of the ordinance codification. Those ordinances must be reviewed and adopted as a separate agenda item and if approved, would be incor- porated in a future City Code revision. Enclosed is a copy of a memorandum from Roger Jensen'soffice to the City that incorporates all the changes as previously discussed. The City staff will have a final meeting to review all the City Code revisions as proposed and any final changes will be shared with the City Council before any action on Tuesday. If there are any sections of the City Code revisions that the City Council would like additional information or discussion on, they could be further evaluated at a future workshop or City Council • meeting. However, generally speaking, most of these changes either incorporate previous City Council action, action by the Minnesota Legislature or an intent by the City Council to incorporate some changes to the City Code. A copy of those City Code revisions are enclosed on pages A0 through_ for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the City Code revisions as presented by the City's codifier, Mr. Roger Jensen of Municipal Codifiers Inc. 31 REVISION MEMO - EAGAN February 13, 1984 TO: Liz Witt, Administrative Staff FROM: Lorraine E. O'Reilly, Codifier RE: 1984 City Code Revisions We herewith hand you ordinances amending Chapters 1, 3, 4, 5, 6, 8, 9, 10, 11 and 13 of the City Code. You will note that we have assigned numbers to these ordinances beginning with Ordinance No. 6 (which number had been assigned to a proposed ordinance but never adopted). Since Ordinance No. 10, 2nd Series was adopted and published, we have skipped that number and picked up with No. 11. • The enclosed ordinances, together with the covering memo, should be reviewed by the City Administrator, the City Attorney, and other City staff as to their specific areas. If approved as drafted, the ordinances should then be submitted to the Council. After the ordinances have been adopted and published, please forward published copies to our office so that we are aware of any changes which have been made in the City's review. The revision pages will then' be prepared by our office for insertion in the Code. CHAPTER 1 Section 1.02, Subd. 13, has been amended to increase the penalty for a misdemeanor from $500.00 to $700.00 in accordance with the statute. CHAPTER 7 •Ordinance No. 10, 2nd Series, will be incorporated into the Code in preparing the revision pages. CHAPTER 3 Subdivision 1 of Sec. 3.05 has been amended as requested, but the requirement for "written" permission has been retained in Subd. 7, Subparagrah B, as requested. No change has been made in Sec. 3.20, Subd. 1, as to shutting off water service due to delinquency since this is covered in the general provisions of Sec. 3.05, but Subdivi- sions 4, 9 and 10 are amended to reflect requested changes by the City as to additional water valve requirements, providing for a City policy as to unmetered service, and that all water meters shall be purchased from'the City. CHAPTER 4 Section 4.01 has been amended to adopt the latest edition of the Uniform Building Code and optional appendices. Section 4.10 has been revised in its entirety to comply with the 1983 statute and also to provide for a hearing and an owner's permit, as well as the permit to use the streets, as requested. This amendment should be specifically reviewed by the Building Inspector for any comments he may have. Subdivision 3, Subparagraph C of Sec. 4.20 has been amended to also restrict signs within specified distances from railroad rights-of-way. Ordinance No. 3, 2nd Series, which also amends Sec. 4.20, will be incorporated in preparing the revision pages. A new Sec. 4.60 is provided for which allows construction headquarters, temporary structures and storage areas until 858 of the units in the plat have been developed. CHAPTER 5 Definition of club and fraternal club have been amended in accordance with the 1983 statute which changed the required term of existence from ten years to three. While Ordinance No. 5 amended Sec. 5.13 to change the effective date, this Section was further reviewed at the conference. Subdivision 2 presently exempts only temporary beer licensees from the requirements of this Section. Due to legislative amendments to this statute in 1983, the establishment of exemptions by other beer as well as on -sale wine licensees can be proven by affidavit, and therefore ease the burden of the City to require proof • of eligibility for such exemption. We are therefore inserting the exemption to include on -sale beer licensees with sales of less than $10,000, off -sale beer licensees with sales of less than $20,000, and on -sale wine licensees with sales of less than $10,000. we specifi- cally call your attention to these added exemptions since it was felt at the conference that this should be a Council decision. While Sec. 5.34 was amended by Ordinance No. 5, it has been revised to delete references to "non -intoxicating malt liquor", since "beer" is so defined in Section 5.01. Subdivision 1 of Sec. 5.52 has been amended to remove the alternative of liability insurance (mandatory requirement in Sec. 5.13), and adds Subd. 14 to allow an off -sale licensee to provide free samples in accordance with Chapter 259 of the 1983 Laws. The on -sale wine license fee has been changed to $200.00 for an annual license and $100.00 for a Sunday license. The prohibi- tion in Sec. 5.80 as to consumption and display has been repealed and. new Sec. 5.81 inserted which provides for an annual consumption and display license. The fee to be paid to the City is $300.00. In' addition, the applicant is required to pay a fee of $100.00 to the State of Minnesota. Section 5.14 is also a new Section which we strongly recommend be added to the general provisions at the beginning of this Chapter. You will note that it requires thirty days notice to the City prior to cancellation. It is our feeling that the ten day notice period is insufficient since it does not allow ample time to give notice and hold a hearing as to action to be taken on the license. CHAPTER 6 The definiton of a kennel has been amended to provide for "four or more dogs or cats" rather than three. Ordinance No. 4 amending Sec. 6.42 as to construction, alteration or repair of buildings will be incorporated in preparing the revision pages. -2- 41 CHAPTER 8 Adoption of MSA Chapter 169 has been updated to amend through Laws 1983. CHAPTER 9 Section 9.16 has been amended to update in accordance with Chapter 24 of the 1983 Laws which prohibits obstructing access to a handicapped parking space, requires visible sign -posting and non-movable signs, and authorizes tagging on private and public property. CHAPTER 10 Ordinance No. 2 prohibiting trapping will be inserted in preparing the revision pages. Dangerous weapons or articles, due date of dog and cat licenses and curfew have been amended in Sections 10.10, 10.11 and 10.30. The requested ordinance relating to building security and fire alarm systems has been inserted as Sec. 10.43 with some revision to • follow the format of the City Code. CHAPTER 11 The definition of Planned Development from proposed Ordinance No. 7 has been inserted in Sec. 11.03, as well as the definition.of setback. Subdivision 26 of Sec. 11.10 has been amended to correct- confusing language and the references to the Industrial Districts have been changed in Sec. 11.20, as requested. Day care special permits have been repealed in the Agricultural and Residential Districts as provided in proposed Ordinance No. 6, and on -sale wine and 3.2 beer as a conditional use in the I-1 Industrial District inserted. The typo error on Page 397 will be corrected in typing the revision pages. CHAPTER 13 •The Council waiver has been amended in Sec. 13.02, Subd. 2, in accordance with proposed Ordinance No. 13. Amendments to Sections 13.10 and 13.30 have been inserted as requested. CHAPTER 25 Ordinances numbered 101, 102 and 103 will be inserted in preparing the revision pages, as will Ordinance No. 1, 2nd Series, which adopted the codification. C: Dave Keller, . City Attorney -3- 4Z. ORDINANCE NO. 6, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 1 ENTITLED "GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE INCLUDING PENALTY FOR VIOLATION" BY CHANGING THE PROVISION RELATING TO PENALTY FOR A MISDEMEANOR, AND MAKING THIS ORDINANCE APPLICABLE TO EVERY CHAPTER, SECTION OR OTHER PROVISION OF THE EAGAN CITY CODE. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. The definition provided for in Section 2 of this ordinance shall apply to each and every provision of the Eagan City Code which is a misdemeanor. Section 2. Eagan City Code, Section 1.02 entitled "Definitions" is hereby amended by changing Subd. 13 to read: Subd. 13. "Misdemeanor" means the crime for which a sentence of not more than ninety (90) days or a fine of not more than $700.00, or both, may be imposed. Section 3. This ordinance shall be applicable to every. Chapter, Section -or other provision of the Eagan City Code. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY.OF EAGAN CITY COUNCIL • By: Its Mayor Date Ordinance Published in the Eagan Chronicle: 43 ORDINANCE NO. 8, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 3 ENTITLED "MUNICIPAL AND PUBLIC UTILITIES - RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS" BY CHANGING PROVISIONS RELATING TO BILLING AND DELINQUENT PAYMENT OF MUNICIPAL UTILITY CHARGES, WATER SERVICE PIPES AND METERS, AND UNMETERED SERVICE; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section. 3.05 entitled "Rules and Regulations Relating to Municipal Utilities" is hereby amended by changing Subd. 1 to read: Subd. 1. Billing, Payment and Delinquency. All municipal utilities shall be billed monthly or quarterly and a • utilities statement or statements shall be mailed to each consumer. All utilities charges shall be delinquent if they are unpaid at the close of business day on the due date shown on the billing. A penalty of ten per cent (108) thereof shall be added to, and become part of, all delinquent utility bills. If service is suspended due to delinquency it shall not be restored at that location until a reconnection charge has been paid for each utility reconnected in addition to amounts owed for service and penalties. Section 2. Eagan City Code Section 3.20 entitled "Rules and Regulations Relating to Water Service" is hereby amended by changing Subdivisions 4, 9 and 10 to read: Subd. 4. Service Pipes. Every service pipe must be laid in such manner as to prevent rupture by settlement. The • service pipe shall be placed not less than seven feet below the surface in all cases so arranged as to prevent rupture and stoppage by freezing. Frozen service pipes between the curb stop and the building shall be the responsibility of the owner. Service pipes must extend from the curb stops to the inside of the building; or if not taken into a building then to the hydrant or other fixtures which they are intended to supply. A valve, the same size as the service pipe, shall be placed close to the inside wall of the building, ahead of the meter and well protected from freezing and at the property or public utility easement line flush with the finished grade or surface elevation and fully accessible and operable by City authorized personnel. Joints on copper tubing shall be flared and kept to a minimum. Not more than one joint shall be used for a service up to seventy feet in length. All joints shall be left uncovered until inspected. Minimum size connection with the water mains shall be 3/4 inch in diameter. Subd. 9. Unmetered Service. Unmetered service may be provided in accordance with a duly adopted and uniformly enforced policy. -1- 44 .Subd. 10. Water Meters. All water meters shall be purchased from the City and installed and maintained by the property owner. All new water meter installations and replace- ments shall be installed with an outside remote reader which shall be purchased, installed and maintained by the property owner. All water meters shall remain under the control and shall also remain the property of the City. All required repairs to faulty water meters and/or outside remote readers shall be performed by the City, with the exception that whenever a meter or outside remote reader has been damaged due to negligence on the part of the user, all costs associated with the removal, repair and installation of a new meter shall be the responsibility of the user. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 3.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. • Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: CITY OF EAGAN CITY COUNCIL. By: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the Eagan Chronicle: -2 450 • ORDINANCE NO. 9, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 4 ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULA- TION, INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARKS" BY CHANGING PROVISIONS RELATING TO ADOPTION OF STATE BUILDING CODE BY REFERENCE, BUILDING MOVING RULES AND REGULATIONS, AND PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS; BY ADDING A PROVISION AS TO CONSTRUCTION HEAD- QUARTERS AND MATERIAL STORAGE AREAS; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. read: THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 4.01 is hereby amended to SECTION 4.01. BUILDING CODE ADOPTED. The Minnesota State • Building Code (SBC), including Appendix C -Technical Organizations; also, (1) Flood Proofing Regulations, Sections 201.2-208.2; (2) 1982 Uniform Building Code, Chapter 1 -Life Safety Requirements for Existing Buildings, Chapter -7-Covered Mall Buildings, Chapter 55 -Membrane Structures (air -inflated structures), (3) Minnesota Plumbing Code Appendix C -Guide for Sizing the Water Supply System, Appendix D -Sizing the Building Water Supply System; and, (4) 6 MCAR, Sec. 4.8040 -Individual Sewage Treatment Standards by the Minnesota Pollution Control Agency, are hereby adopted by reference as though set forth verbatim herein. One copy of said Code shall be marked CITY OF EAGAN - OFFICIAL COPY and kept on file in the Protective Inspections Department and open to inspection and use by the public. SEC. 4.10. PERMITS AND SPECIAL REQUIREMENTS FOR MOVING • BUILDINGS. Subd. 1. Definition. "Street" or "Streets" as used in this Section means all streets and highways in the City which are not State trunk highways, County State -aid highways, or County roads. Subd. 2. Moving Permit Required and Application. A. It is unlawful for any person to move a building on any street without a moving permit from the City. B. The application for a moving permit shall state the approximate size and weight of the structure or building proposed to be moved, together with the places from and to which it is proposed to move the same, and proposed route to be followed, proposed dates and times of moving and parking, and the name and address of the proposed mover. Such application -1- 46 shall also state any municipal utility, street, and public property repairs or alterations that will be required by reason of such movement. C. Permit and Fee. The moving permit shall state date or dates of moving, hours, routing and movement. Permits shall be issued only for moving buildings by building movers licensed by the State of Minnesota. Fees to be charged shall be separate for each of the following: (1) a moving permit fee to cover use of streets and route approval, and (2) a fee equal to the anticipated amount required to compensate the City for any municipal utility and public property (other than streets) repairs or alterations occasioned by such movement. The latter shall be paid in advance. Subd. 3. The building mover shall: A. Use Designated Streets. Move the building over those streets only, which are designated for such use in the permit. • B. Notify of Revised Moving Time. Notify the Protective Inspections Department in writing of any desired change in the date or times of moving the building from that indicated in the application and conduct moving operations only on the date and at the times designated in the application or approved in writing by the Protective Inspections Department and notify the Police Department at least 24 hours prior to commencing movement of the building. C. Notify of Damage. Notify the Protective Inspections Department in writing of damage caused to property belonging to the City within 24 hours after the damage or injury has occurred. D. Display Lights. Cause warning lights or signals to be displayed during all times on each side of the• building; while situated on a public street, in such manner as to warn the public of an obstruction,. and at all times erect and maintain barricades across such streets as shall be necessary and in such manner as to protect the public from damage or injury by reason of the presence, movement or removal of the building. E. No Parking. Not park the building on any City street at any time during the moving process. F. Comply With Governing Law. Comply with the Building Code, the provisions of the City Code and all other laws. G. Pay Expense of Officer. Pay to the City the expense of any traffic officer ordered by the City Administrator to accompany the movement of the building to protect the public from injury. -2- 4-7 Subd. 4. Owner's Permit Required and Application. A. It is unlawful for any owner of land in the City to or from which a building is to be moved to permit such movement without an owner's permit. B. Application. A person seeking issuance of an owner's permit shall file a written application with the City. If no moving permit is required under this Section, the application shall also include the address and legal description of the land on which the building is situated, and if, within the City, to which it is proposed to be moved, the route, including identification of streets or roads over which it is to be moved, the distance, the proposed date of movement, and such other information as the City shall require for the determination to be made hereunder. The application shall not be accepted for filing unless accompanied by the following: 1. Evidence that all real estate taxes and . special assessments against the building and land from which it is to be removed are paid in full. 2. A written statement, bill of sale or other written evidence that the applicant is entitled to move the building. 3. Written evidence of arrangements with all public utility companies whose wires, lamps or poles are required to be removed, for the removal thereof by the applicant. 4. A cash deposit from the owner of the lot from which the building is to be moved in the sum of $1,000.00 as an indemnity to ensure completion of the following work: (1) capping the well; (2) abandoning sewerage system as required by the City; and (3) filling all excavations to grade, removing all rubbish, and leaving the premises in a safe and sanitary • condition. 5. A cash deposit or letter of credit, the amount of which shall be 758 of the estimated cost, as determined by the City, to bring the building so moved into conformance with applicable Building Code requirements. 6. Payment of the permit fee. 7. If the building is to be located within the City after its movement, a survey by a licensed surveyor of the land to which the building is to be moved, including the location of the building in relation to the boundaries of the land. 8. If the building is to be located within the City after its movement, photographs of (1) two or more views of the building to be moved; (2) the lot on which the building is to be located; and, (3) the lands, and structures thereon, adjacent to the lot on which the building is to be located. C. Duties of the Protective Inspections Department. Upon receipt of the application accompanied by the fee, deposit, statement and information required, the Protective Inspections Department shall review the application and make such investigation as shall deem appropriate. The Department shall also obtain the recommendation of the Chief of Police and City Engineer with respect to the streets on which the building may be moved to assure.the greatest degree of safety to persons and property and to minimize congestion. Upon completion of the review and investigation, the Protective Inspections Department shall: 1. Deny the permit for moving a building to a location other than within the City, stating in writing one or more of the grounds stated in Subdivision 13 of this Section, or authorize issuance of a permit; or, 2. In all other instances, make its report to the Council. D. Council - Public Hearing. • 1. Where applicant requests the moving of a building to a location within the City, the Council shall hold a public hearing on whether a permit shall be issued not later than 60 days after the application has been accepted for filing. Notice, including the time, date, place and purpose of the hearing shall be given by publication and by mailing to the owners of real property situated within 500 feet of the land to which the building is to be moved at least ten days prior to the date of the hearing. Notice containing the same information shall be posted on the property to which the building is to be moved, not less than 30 days prior to the date of the hearing. Failure to give mailed notice or any defect in the notice shall not invalidate the hearing or any proceedings taken thereat. 2. Not later than five days after conclusiolo of the hearing the Council shall either deny the permit in writing stating one or more of the grounds stated in Subdivision 13 of this Section, or authorize issuance of a permit. E. The owner shall: 1. Clear Premises. Remove all rubbish and materials and fill all excavations to existing grades at the original building site, if within the City, so that the premises are left in a safe, neat and sanitary condition. All foundation structures shall be removed to a depth of 18 inches below the finished grade of the earth. 2. Remove Service Connections. Cause any sewer lines to be plugged, shut off, or removed if the original site is within the City, in such manner as may be required by the City. -4- 4.L. 3. Completion of Remodeling. If the building is relocated in the City, complete, within 90 days after removal, all remodeling, additions or repairs as indicated in the application, in any document filed in support thereof, or in any building permit .issued in connection therewith. 4. Take all reasonable precautions to secure the building and to reduce danger to any member of the public until the building is set on its foundation and any remodeling, additions or repairs, described in the application, have been completed, including but not limited to, (1) locking all doors and windows; (2) providing sufficient support or bracing so as to stabilize the building to prevent it or any part thereof from sliding, slipping, falling or moving; and (3) erecting and maintaining a security fence or wall the base of which shall be no higher than four inches, and the top of which shall be at least four feet, above the surface of the ground and which shall enclose the entire building as well as the excavation for the • foundation. Subd. 5. Liability to City. A. Holders of Permits Liable for Amounts Exceeding Deposit. The holder or holders of a permit shall be liable jointly and severally for any expenses, damages, or costs paid or incurred by the City as a result of the issuance of a permit or the taking or failure to take any action required of the holder or holders of the permit or the City hereunder. B. Retention of Cash Deposit. The City may take or cause to be taken any of the following actions and may retain so much of the cash deposit necessary to reimburse itself for any costs or expenses incurred as a result thereof: • 1. If the City in its sole discretion determines that the premises from which, or to which the building is to be .moved, if within the City, or the movement of the building on streets is unsafe or constitutes any other unsafe condition, the City in its sole discretion may, but shall not be required to, take or cause such action to be taken to eliminate such unsafe condition or conditions as it shall deem appropriate. 2. If the premises from which the building has been removed are within the City and such premises are left in an unsafe or unsanitary condition or the provisions of this Section with respect to such premises have not been complied with, the City may, but shall not be required, in its sole discretion, to take or cause such action to be taken to remedy such unsafe or unsanitary condition and to place the premises in such condition as to be in compliance with this Section. -5- SO Subd. 6. Fees and Deposits. Upon completion of the moving of a building pursuant to a permit, the amount which the applicant has deposited in conjunction with the filing of the application shall be returned to him, less all amounts which any holder of a permit shall or may become liable to the City and which the City may retain under any provision of this Section. The permit fee paid upon filing of the application shall not be returned. Subd. 7. Council Review. A. The Council may on its own motion elect to review any decision of the Protective Inspections Department denying issuance of a permit. The denial of a permit may be appealed by the applicant as any other administrative decision. B. A hearing on the election to review or appeal shall be heard by the Council no later than 30 days after the election to review has been made. The Council may affirm, • reverse or modify the action. Subd. 8. Moving Hours. No person shall move any building on any street at any time other than during the hours of 1:00 o'clock A.M. to 5:30 o'clock A.M. Subd. 9. Moving Days. Any person moving a building through the City for which a permit shall not be required shall move such building through the City within a period of no more than seven (7) days. Subd. 10. Conditional Permits. Any permit granted under the terms of this Section may have attached thereto written conditions which shall be strictly adhered to by the permittee. Subd. 11. Building Permits and Certificates of Occupancy. • A. Whenever "an application is made to move a building which would not, after moving, comply with all then - current building codes or if changes are required or contemplated, contemporaneously with such application a separate building permit shall also be applied for. B. No moved building, whether or not a separate building permit is required under Subparagraph A of this Subdivision, shall be occupied before the City makes its final inspection.' Subd. 12. Building Mover Endorsement. No permit to move a building shall be granted to the owner unless it is endorsed by a building mover licensed by the State, acknowledging that he knows the contents of this Section and agrees to be bound hereby and by all conditions placed upon such permit relating to hours, routing, movement, parking and speed limit. -6- s► Subd. 13. Denial of a Permit. Any permit under this Section shall be denied upon a finding of any one of the following: A. Applicant has not complied with any requirement of this Section; B. Persons or property in the City would be endangered by moving the building, because of shape, size, route, or for any other reason; C. The building is in such state of deterioration or disrepair or is otherwise so structurally unsafe that it would constitute a danger to persons or property in the City; D. The building is structurally unsafe or unfit for the purpose for which moved, if the location to which the building is to be moved is in the City; • E. The equipment for moving the building is unsafe and persons and property would be endangered by its use; F. The building or its use would not be in compliance with zoning, building codes or other provisions of the City Code, if the location to which the building is to be moved is in the City; or, G. If the location to which the building is to be moved is in the City, the building is in substantial variance with either the established or the expected pattern of building development within the neighborhood to which the building is to be moved. Comparative age, bulk, architectural style and quality of construction of both the building to be moved and the buildings existing in the neighborhood shall be considered in determining whether a building is in substantial variance. If • the building to be moved is more than ten years older than the oldest building situated on the lands abutting the land to which the building is to be moved, such fact shall be evidence that the building to be moved is in substantial variance. Section 3. Eagan City Code Section 4.20 entitled "Placement, Erection and Maintenance of Signs" is hereby amended by changing Subparagraph C of Subd. 3 to read: C. Location to Street and Railroad Right -of -Way. No sign shall be located nearer than ten feet from any street, highway or railroad right-of-way, except only residential name signs which are attached to mail boxes, lamp posts, or the like. No advertising sign shall be located nearer than twenty feet from any street, highway or railroad right-of-way. Section 4. Eagan City Code Chapter 4 is hereby amended by adding a Section to read: -7- S SEC. 4.60. CONSTRUCTION HEADQUARTERS AND MATERIAL STORAGE AREAS - PERMITTED AND UNLAWFUL ACT: Notwithstanding any other provision of the City Code, a construction headquarters temporary structure, or area, shall be allowed in any residential plat then being developed. Such structure and/or storage materials shall be removed within thirty days after final City inspection of 85 per cent of the total number of dwelling units in such plat. It is unlawful for any person to fail to timely remove any such structure or materials. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: -8- 153 • ORDINANCE NO. 11, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 5 ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULA- TIONS" BY CHANGING PROVISIONS AS TO DEFINITION OF CLUBS, FINANCIAL RESPONSIBILITY OF LICENSEES AND EXEMPTIONS, HOURS OF BEER SALES, AND LIQUOR AND ON -SALE WINE LICENSE RESTRICTIONS AND REGULATIONS; BY ADDING A PROVISION AS TO INSURANCE REQUIREMENTS AND CONSUMPTION AND DISPLAY, AND REPEALING A PROHIBITION OF CONSUMPTION AND DISPLAY; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 5.01 entitled "Definitions" is hereby amended by changing Subdivisions 15 and 16 to read: 15. "Club" means any corporation duly organized under • the laws of this State for civic, fraternal, social, or business purposes or for intellectual improvement or for the promotion of sports, or a congressionally chartered veterans organization, which shall have more than fifty members, and shall, for more than a year, have owned, hired, or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a Board of Directors, Executive Committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents, or employees are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club, or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the Directors or other governing body. Such club or congressionally chartered • veterans organization must be incorporated and must have been in existence for at least three years. read: 16. "Fraternal club" means a club which serves only members and their guests and which uses any profits derived from liquor sales principally for sponsoring activities beneficial to the community and not for the profit of any individual. Section 2. Eagan City Code Section 5.13 is hereby amended to SEC. 5.13. FINANCIAL RESPONSIBILITY OF LICENSEES. Subd. 1. Proof. No beer, wine or liquor license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility imposed by Minnesota Statutes, Section 340.95, by filing with the City a certificate that there is in effect an insurance policy or pool providing minimum coverages of (1) $50,000.00 because of bodily injury to any one person in any one occurrence, and, subject to the limit for one -1- 19+ person, in the amount of $100,000.00 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10,000.00 because of injury to or destruction of property of others in any one occurrence, and (2) $50,000.00 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $100,000.00 for loss of means of support of two or more persons in any one occurrence; Subd. 2. Exception. This Section does not apply to on -sale beer licensees with sales of beer of less than $10,000.00 for the preceding year, nor to off -sale beer licensees with sales of beer of less than $20,000.00 for the preceding year, nor does it apply to holders of on -sale wine licenses with sales of wine of less than $10,000.00 for the preceding year. An affidavit of the licensee shall be requiredto establish the exemption under this Subdivision. Subd. 3. Documents Submitted to Commissioner. All proofs of financial responsibility and exemption affidavits filed • with the City under this Section shall be submitted by the City to the Minnesota Commissioner of Public Safety. Section 3. Eagan City Code Section 5.34 is hereby amended to read: SEC. 5.34. HOURS AND DAYS OF BEER SALES. No sale of beer shall be made between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on any weekday, Monday through Saturday, inclusive. Neither shall any beer sale be made on any Sunday between the hours of 1:00 o'clock A.M. and 12:00 o'clock noon. Section 4. Eagan City Code Section 5.52 entitled "Liquor License Restrictions and Regulations" is hereby amended by changing Subd. 1, and adding Subd. 14, to read: Subd. 1. Prior to issuance of any license the• applicant shall file with the City a bond with a corporate surety, cash, or United States government bonds in the sum of $5,000.00 for an on -sale license and $3,000.00 for an off -sale license. Subd. 14. It is unlawful for an off -sale licensee to provide samples of wine, liqueurs, and cordials which the licensee currently has in stock and is offering for sale to the general public without obtaining an additional license, provided the wine, liqueur, and cordial samples are dispensed at no charge and consumed on the licensed premises during the permitted hours of off -sale in a quantity less than 50 milliliters of wine per variety per customer and 25 milliliters of liqueur or cordial per variety per customer. • E Section 5. Eagan City Code Section 5.70 entitled "On -Sale Wine" is hereby amended by changing Subd. 2 and Subparagraph A of Subd. 3 to read: Subd. 2. On -Sale Wine License Fee. A. The annual on -sale wine license fee is $200.00. B. The annual Sunday on -sale wine license fee is $100.00. Subd. 3. A. Prior to issuance of any on -sale wine license the applicant shall file with the City a bond with a corporate surety, cash, or United States government bonds in the sum of $3,000.00. Section '6. Eagan City Code Section 5.80 entitled "Consumption and Display - One Day License" is hereby amended by repealing Subd. 1 entitled "Prohibition". Section 7. Eagan City Code Chapter 5 is hereby amended by adding Sections to read: SEC. 5.14. INSURANCE CERTIFICATE REQUIREMENTS. Whenever an insurance certificate is required by this Chapter the applicant shall file with the City a certificate of insurance showing (1) that the limits are at least as high as required, (2) that coverage is effective for at least the license term approved, and (3) that such insurance will not be cancelled or terminated without thirty days' written notice served upon the City. Cancellation or termination of such coverage shall be grounds for license revocation. SEC. 5.81. CONSUMPTION AND DISPLAY. Subd. 1. Definition. For purposes of this Section, the term "bottle club" is a "club" as defined in this Chapter, or an unincorporated society which, except for its lack of incorporation, otherwise meets the requirements of a club, and which is not otherwise licensed for the sale of liquor, either on -sale or off -sale or both. Subd. 2. Consumption and Display License Required. It is unlawful for any bottle club or for any business establishment to allow the consumption or display of liquor or the serving of any liquid for the purpose of mixing liquor without a license therefor from the City, but a bottle club as herein defined and licensed may permit its members to bring and keep a personal supply of liquor in lockers assigned to such members. Subd. 3. Consumption and Display License Fee. The annual consumption and display license fee is $300.00. -3- S(O Subd. 4. Consumption and Display Restrictions and Regulations. A. Every bottle, container or other receptacle containing liquor stored by a member of a bottle club shall have attached to it a label signed by the member of the club, shall be kept in a locker designated to the use of such member, and no other liquor shall be on bottle club premises. B. It is unlawful for any club member under nineteen (19) years of age to be assigned a locker for the storage of liquor or to consume or display liquor on any premises under control by such club. C. It is unlawful to consume or allow consumption or display of liquor in any bottle club or business establishment between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M., nor between the hours of 1:00 o'clock A.M. and 3:00 o'clock P.M. on Memorial Day; nor between the hours of 1:00 o'clock A.M. and 8:00 o'clock P.M. on any primary, special, or general election day • held in the City. D. No license shall be issued to any bottle club when a member of the board, management, executive committee, or other similar body chosen by its members, or when a business establishment or the owner thereof holds a Federal retail liquor dealer's special tax stamp for the sale of liquor. E. Liquor sold, served or displayed in violation of this Section shall be subject to seizure for purposes of evidence. Subd. 5. Other Licenses. An on -sale liquor or wine licensee may also be licensed for consumption and display. Section 8. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code• Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are herebyadopted in their entirety, by reference, as though repeated verbatim herein. Section 9. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: CITY OF EAGAN CITY COUNCIL By: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the Eagan Chronicle: -4- S 7 r1 U • ORDINANCE NO. 12, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY CHANGING THE DEFINITION OF A KENNEL; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 6.38 entitled "Kennels" is hereby amended by changing Subd. 1 to read: Subd. 1. Defined. For the purpose of this Section, the term "kennel" means any place, building, tract of land, abode or vehicle, wherein or whereon a total of four or more dogs or cats, or combination, over six (6) months of age, are kept, kept for sale, or boarded. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for violation" and Section 6.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: w ORDINANCE NO. 14, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 8 ENTITLED "TRAFFIC REGULATIONS" BY CHANGING A PROVISION RELATING TO ADOPTION OF THE TRAFFIC REGULATION ACT BY REFERENCE; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 8.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. read: THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 8.01 is hereby amended to SECTION 8.01. MINNESOTA STATUTES, CHAPTERS 168, 169 AND 171 ADOPTED BY REFERENCE. Except as otherwise provided in this Chapter, or in Chapters 7 and 9 of this Code, the regulatory and • procedural provisions of Minnesota Statutes, Chapter 168, Chapter 169 (commonly referred to as the Highway Traffic Regulation Act) and Chapter 171, as amended through Laws 1983, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 8.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: CITY OF EAGAN • CITY COUNCIL By: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the Eagan Chronicle: S1 ORDINANCE NO. 15, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 9 ENTITLED "PARKING REGULATIONS" BY CHANGING THE PROVISION RELATING TO PHYSICALLY HANDICAPPED PARKING; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 9.16 is hereby amended to read: SEC. 9.16. PHYSICALLY HANDICAPPED PARKING. Subd. 1. Statutory parking privileges for physically handicapped shall be strictly observed and enforced. Police officers are authorized to tag vehicles on either private or public property in violation of such statutory privileges. Subd. 2. It is unlawful for any person, whether or not physically handicapped, to stop, park, or leave standing, a motor vehicle (1) in a sign -posted fire lane at any time, or (2) in lanes where, and during such hours as, parking is prohibited to accommodate heavy traffic during morning and afternoon rush hours. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their • entirety, by reference, as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: ma 2 ORDINANCE NO. 16, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 10 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY CHANGING PROVISIONS RELATING TO DANGEROUS WEAPONS AND ARTICLES, DOG AND CAT LICENSE FEES, AND CURFEW; BY ADDING A PROVISION AS TO FIRE, BURGLARY AND SAFETY ALARMS; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 10.10 entitled "Dangerous Weapons and Articles" is hereby amended by changing Subdivisions 5 and 8 to read: Subd. 5. Carrying and Transporting of Firearms. • Except where otherwise specifically authorized by law, it is unlawful to carry any firearm unless it is unloaded and encased in a proper case or to transport any firearm in a motor vehicle unless it is in the trunk, unloaded, and encased in a proper case. In motor vehicles which do not have a trunk, it shall be in that portion thereof not designed for carrying passengers. Subd. 8. Use of Bow and Arrow. It is unlawful for any person to shoot a bow and arrow except in the Physical Education Program in a school supervised by a member of its faculty, a community -wide supervised class or event specifically authorized by the Chief of Police, or a bow and arrow range, or such other place during such time or times as authorized by the Council. Section 2. Eagan City Code Section 10.11 entitled "Dog and Cat Regulation and Dog Licensing" is hereby amended by changing Subd. 5 to •read: read: Subd. 5. Period and Fees. All dog licenses shall expire on February 20 of each year and shall become delinquent on February 21 in each year or within six months after birth. All fees for the licensing of dogs and impounding of dogs and cats, including penalties for late application, shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such fees may from time to time be amended by the Council by resolution. A copy of the resolution setting forth currently effective fees shall be kept on file in the office of the City Clerk -Treasurer and open to inspection during regular business hours. Section 3. Eagan City Code Section 10.30 is hereby amended to -1- 6L SEC. 10.30. CURFEW. Subd. 1. Curfew - Minors Under the Age of Sixteen (16). It is unlawful for any minor person under the age of sixteen years to be or loiter upon the streets or public places between the hours of 10:00 o'clock P.M. and 5:00 o'clock A.M. of the day next following. Subd. 2. Curfew - Minors who Are Sixteen (16) or Seventeen (17) Years of Age. It is unlawful for any minor person sixteen or seventeen years of age to be or loiter upon the streets or public places between the hours of 12:00 o'clock midnight and 5:00 o'clock A.M. of the day next following. Subd. 3. Curfew - Parents and Guardians. It is unlawful for any parent, guardian, or other person having the • legal care or custody of any minor person to allow or permit such minor person to be or loiter upon the streets or public places in violation of this Section unless such minor is accompanied by a person of lawful age having such minor person in charge. Subd. 4. Curfew - Places of Amusement, Entertainment or Refreshment. It is unlawful for any person operating, or in charge of, any place of amusement, entertainment or refreshment, or other place of business, to allow or permit any minor person under the age of eighteen (18) years to be or loiter in such place in violation of this Section unless such minor is accompanied by a person of lawful age having such minor person in charge. This Subdivision shall not be construed to permit the presence, at any time, of any person under age in any place where ;his presence is otherwise prohibited by law. Subd. 5. Exceptions. • any students under the age lawfully attending, going to or community sponsored athletic, events. Such curfew shall not apply to of eighteen (18) years who are returning from school, church, or musical or social activities or Section 4. Eagan City Code Chapter 10 is hereby amended by adding a Section to read: SEC. 10.43. FIRE, BURGLARY AND SAFETY ALARM REGULATIONS AND REQUIREMENTS. Subd. 1. Purpose. This Section regulates the use of fire, burglary and safety alarms for the purpose of preventing the public safety services from misuse of public safety alarms through frequency of false alarms. Subd. 2. Definitions. For the purpose of this Section: A. "Alarm User" means the person using an alarm system to�protect his premises, regardless of whether he owns or leases the system. B. "Alarm System" means and includes any alarm installation designed to be used for the prevention or detection of burglary, robbery, or fire on the premises which contain an alarm installation. Automobile alarm devices shall not be considered an alarm system. C. "False Alarm" means the occurrence of an alarm in an alarm system for any reason other than an authorized intrusion or attempted robbery, or call to an existing fire. D. "Financial Institution" means a commercial bank, savings and loan association, credit union or establishment leasing safe deposit boxes. E. "Audible Alarm" means a device designed for the detection of smoke or fire or of an unauthorized entry on the premises, which alarm activates or generates an audible sound on or near the premises. • F. "Calendar Year" means the period January 1 through December 31 of each year. G. "Residential Alarm User" means occupied housing units, residential homes and condominiums. H. "Non -Residential" means commercial, industrial, business, State agencies, special purpose units of government, apartment complexes. Subd. 3. Regulations and Requirements. A. Alarm User Registration. Following the first false alarm within any calendar year, the alarm user shall fill out and return to the Police Department the "Alarm User Registration" form as provided within 30 days. • B. False Alarm Statement of Correction. Following the sixth false alarm within the calendar year, the alarm user shall fill out and return to the Police Department within five days the "False Alarm Statement of Corrections". This form shall contain a detailed statement of the corrective actions the alarm user has taken to prevent additional false alarms, and to notify alarm user of impending forfeitures should additional false alarms occur. C. Audible Alarms. All audible alarms shall meet the following requirements: 1. Every person maintaining an alarm system with an audible alarm signal shall post a notice containing the name and telephone number of a person to be notified to render repairs or service to such alarm system during any hour of the day or night upon activation of such alarm system. Such notice shall be posted at the main entrance to such premises or near the alarm in such a position as to be legible from the ground level adjacent to the building. -3- 63 2. Alarm systems with audible alarm signals, except for fire alarms, shall have an automatic shut-off which will silence the audible alarm signal within a period not to exceed 20 minutes. D. In -House Annunciation Panel. Financial institutions having an alarm system with multiple sensors shall have an in-house annunciation panel providing specific annuncia- tion of the sensors at a private monitoring location on the premises. When, in the judgment of the Police Department, no such private monitoring location is possible upon the premises, the requirements of this Subparagraph D may be waived. Compliance with this Subparagraph D is required of all alarm systems installed in financial institutions after the effective date of this Section, and within one year from effective date of this Section for currently operating alarm systems. E. No person shall install an alarm system or • use, monitor, and possess an operative alarm system which utilizes taped or prerecorded, messages which deliver a telephone alarm message to the Police or Fire Departments. No automatic dialing services or systems are permitted in any form, including automatic dialing of the emergency number 911. F. Unlawful Act. It is unlawful for any person to fail or refuse to comply with the regulations set forth in this Subdivision. Subd. 4. Schedule of Payment Rates. A. Residential users of alarm systems shall be permitted six (6) false alarms per calendar year and pay $50.00 per false alarm thereafter. B. Non-residential users of alarm systems shall • be permitted six (6) false alarms per calendar year and pay $75.00 per false alarm thereafter. C. There is hereby established a ninety (90) day grace period for all newly installed alarm systems; all false alarms occuring during this period shall not be considered part of the six allowable false alarms per year. The installation date must belverified by a dated sales receipt for the alarm system, or a dated invoice from the installer of the alarm system. D. A false alarm is excused if prior written notification stating the exact time is given to the Police Department, and the alarm is activated for the purposes of, testing or upgrading the alarm system. E. All payments provided for in this Subdivision shall be made to the City within 30 days after mailing a statement to the alarm user. Payments not made within 30 days are delinquent and a penalty of 108 of the amount due will be added. All delinquent charges and penalties shall be certified by the City Clerk to the County Auditor who shall prepare an assessment roll each year providing for assessment of the delinquent amounts against the property of the delinquent alarm user. F. Confidentiality. All information submitted in compliance with this Section shall be held in confidence and shall -be deemed a confidential record exempt from discovery to the extent permitted by law. Subject to requirement of confidentiality, the Chief of Police may develop and maintain statistics for the purpose of ongoing alarm systems evaluation. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 10.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. Effective Date. This ordinance shall take effect • upon its adoption and publication according to the law. ATTEST: CITY OF EAGAN CITY COUNCIL By: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the Eagan Chronicle: -5- 6S 0 • ORDINANCE NO. 7, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATION (ZONING)" BY CHANGING THE DEFINITION OF PLANNED DEVELOPMENT AND ADDING THE DEFINITION OF SETBACK; BY CHANGING A GENERAL PROVISION AS TO PLACEMENT OF HOUSE ON RESIDENTIAL LOT; BY RENAMING THE INDUSTRIAL DISTRICTS; BY REPEALING PROVISIONS FOR DAY CARE SPECIAL PERMITS IN THE AGRICULTURAL AND RESIDENTIAL DISTRICTS; BY ADDING A CONDITIONAL USE AND CHANGING A REFERENCE TO THE PUBLIC FACILITIES DISTRICT IN THE LIMITED INDUSTRIAL DISTRICT; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 11.03 entitled "Definitions" is hereby amended by changing Item 57, and adding Item 78, to read: 57. "Planned Development" - An urban development developed according to an approved overall plan (1) having two or more principal uses (within a single plat) without the necessary zoning to allow the uses in compliance with the existing zoning districts; or (2) having a single use which does not comply with all of the restrictions of any one zoning district. Planned Development zoning shall be allowed only where the Council determines that because of topography, location, design, public need, amenities, or for other similar reasons, the development represents good planning in relation to existing and proposed development in the area. 78. "Setback" - The minimal horizontal distance between a building and a street right-of-way or lot line. Section 2. Eagan City Code Section 11.10 entitled "General Provisions" is hereby amended by changing Subd. 26 to read: Subd. 26. Placement of House on Residential Lot. A. On all residential lots not served by public utilities which are at least twenty-four thousand (24,000) square feet in area and one hundred seventy (170) feet in width, all structures shall be placed so that the lot may be further subdivided in the future unless otherwise approved by the Council. (Subparagraph B remains the same) Section 3. Eagan City Code Section 11.20 entitled "Use Districts" is hereby amended by changing Subd. 1 to read: Subd. 1. Classification. The following land use districts are hereby established under which all lands in the City shall be classified: -1- 66 A - Agricultural District. E - Estate District. P - Public Facilities District. R-1 - Residential Single District. R-2 - Residential Double District. R-3 - Residential Townhouse District. R-4 - Residential Multiple District. R-5 - MobIle Home District. LB - Limited Business District. NB - Neighborhood Business District. GB - General Business District. CSC - Community Shopping Center District. RSC - Regional Shopping Center District. RB - Roadside Business District. I-1 - Limited Industrial District. • I-2 - General Industrial District. R -D - Research and Development Park District. PD - Planned Development District. FP - Flood Plain District. Section 4. Eagan City Code Section 11.20 entitled "Use Districts" is hereby amended by repealing Item 6 of Subd. 3, and Item 7 of Subd. 5, both relating to day care special permits in the Agricultural and Residential Districts. Section 5. Eagan City Code Section 11.20 entitled "Use Districts" is hereby amended by adding Item 14 as a conditional use under Subparagraph C, and changing Item 2 of Subparagraph D in Subd. 16 entitled "I-1 — Limited Industrial District", to read: C. 0 14. On -sale wine and 3.2 beer. D. 2. Whenever an "I-1" District abuts an Agricultural, Residential or Public Facilities District, a fence or compact evergreen hedge not less than six (6) feet in height, except adjacent to a street where it shall be not less than three (3) or more than four (4) feet, shall be erected and maintained in the front portion of the lot, along the side and rear property line that abuts said Agricultural, Residential or Public Facilities District whenever buildings or parking is located within 200 feet of said District. -2- 67 • E Section 6. Eagan City Code Chapter 'I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 7. Effective Date. This ordinance shall take effect upon :its adoption and publication according to the law. ATTEST: 'Its Clerk Date ,Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: ORDINANCE NO. 13, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 13 ENTITLED "SUBDIVISION REGULATIONS (PLATTING)" BY CHANGING PROVISIONS AS TO COUNCIL WAIVER, REQUIREMENTS PRIOR TO FINAL PLAT AND RECORDING OF PLAT, MINIMUM WIDTHS FOR PRIVATE DRIVES, SIDEWALKS AND TRAILS, EASEMENTS, BUILDING LOCATIONS AND ELEVATIONS, CONSTRUCTION OF CITY -INSTALLED IMPROVEMENTS; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 13.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 13.02 entitled "Jurisdiction" is hereby amended by changing Subd. 2 to read: Subd. 2. Council Waiver. A. The Council, after review by the Planning • Commission or after staff review and approval of duplex lot splits, may waive compliance with any of the provisions of this Chapter by adoption of a resolution after compliance with waiver provisions of this Chapter which resolution shall specify which provisions have been waived in any case: 1. In which compliance will involve an unnecessary hardship and where failure .to comply does not interfere with the purpose of this Chapter; or, 2. Where an improved plat can be achieved by deviation from certain provisions of this Chapter. B. A waiver may be granted without Planning Commission review only when the subdivision consists of a split of a duplex lot or lots with existing structures havin individual utility services designed in accordance with standard imposed by the Council upon the original plat. Section 2. Eagan City Code Procedures and Approval Process" of Subparagraph A and Item 3 of "Final Plat", to read: Subd. 5. Section 13.10 entitled "Application is hereby amended by changing Item 5 Subparagraph D of Subd. 5 entitled A. 5. A determination on the method by which park dedication shall be satisfied for all plats. D. 3. Recording of Plat. It shall be the responsibiity of the subdivider to file the plat with the Dakota County Recorder within sixty (60) days from final plat approval by the Council unless a time extension has been granted by the -1- 61 Council. Failure to record the plat within the sixty day period shall render final plat approval by the Council null and void until a new application has been processed and approved by the City unless the Council has granted an extension of time in which the final plat shall be recorded. Section 3. Eagan City Code Section 13.30 entitled "Data and Design Standards" is hereby amended by changing Item 5 of Subparagraph B of Subd. 4 entitled "Street Design Standards", to read: B. Private Streets. 5. Minimum width for private drives as defined from face of curb to face of curb shall be as follows: NUMBER OF POTENTIAL UNITS SERVED TYPE OF RTRF.F.T MINIMUM WIDTH (FACE TO FACE) • 4 or less No curb and gutter, 12' 5 - 8 Concrete curb 20' 9 - 20 Concrete curb 24' More than 20 Concrete curb and gutter 28' Through Streets Concrete curb and gutter 28' Section 4. Eagan City Code Section 13.30 entitled "Data and Design Standards" is hereby amended by changing Subd. 6, to read: Subd. 6. Easements. A. Utility and drainage easements abutting public street rights-of-way or adjacent properties or centered on rear or side lot lines shall be at least ten feet (10') wide or wider as may be required by the City. B. Where a subdivision is traversed by a ponding • area, water course, drainageway, channel or stream there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course and incorporating elevations as required by the City. C. Trails or pedestrian ways shall be shown as "trailways" on the final plat or as separate easements as the City may direct. D. All other easements of record and those required by the City as necessary to provide the required utilities to service the subdivision. Section 5. Eagan City Code Section 13.30 entitled "Data and Design Standards" is hereby amended by changing Subd. 9, to read: Subd. 9. Building Locations City Code Chapter 11 and the State reference in Chapter 4.) -2- 70 and Elevations. (Refer to Building Code adopted by Section 6. Eagan City Code Section 13.30 entitled "Data and Design Standards" is hereby amended by changing Item 1 of Subparagraph C of Subd. 15 entitled "Required Improvements", to read: 1. City -Installed Improvements. The developer may request the City to install the improvements. The developer shall submit a petition in the form prescribed by the City to the City Engineer requesting said installations. The Council may accept the petition and install the improvements and assess the cost in accordance with City policy and Minnesota Statutes, Chapter 429. This petition request shall include a requested method of assessment spreading (per lot, front footage, percentage ratios, etc). The applicant shall waive its rights to any and all public hearings required and agree to the acceptance of all costs associated with City -installed improvements provided that all benefited properties are assessed. The City installation of required improvements shall not provide for any overall site grading, but rather, shall be limited to required grading within dedicated easements and rights-of-way necessary to • perform the installation of future public dedicated services as requested by the applicant. Section 7. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for violation" and Section 13.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: CITY OF EAGAN CITY COUNCIL • By: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the Eagan Chronicle: -3- -7I Agenda Information Memo February 21, 1984 City Council Meeting Page Eleven GEORGE NALL/KEEPING OF A HORSE A. George L. and Miriam M. Nall for the Keeping of a Horse on a 4h -Acre Parcel Zoned R-1 -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on January 24, 1984, to consider an application for the keeping of horses on a 4.50 -acre parcel of land zoned R-1, owned by George L. and Miriam M. Nall located at 3960 pilot Knob Road. The Advisory Planning Commission is recommending denial of the variance request. For additional information on this item, refer to the City Planner's report, a copy is enclosed on pages through^ -77 For action that was taken by the Advisory Planning Commission, refer to page or pagesZZAK through -79. • ACTION TO BE CONSIDERED ON mendation of the Advisory George Nall to keep a horse • THIS ITEM: To approve Planning Commission to on a parcel zoned R-1. or deny the recom- allow Mr. & Mrs. CITY OF EACAPT SUBJECT: VARIANCE APPLICANT: GEORGE L. S MIRIAM M NALL LOCATION: SA OF THE NA OF SECTION 22 EXISTING ZONING: R-1 (RESIDENTIAL SINGLE DISTRICT) DATE OF PUBLIC HEARING: JANUARY 24, 1984 DATE OF REPORT: JANUARY 19, 1984 REPORTED BY: JUDY HEALD • APPLICATION SUBMITTED: An application has been received for the keep- ing of horses on a 4.50 -acre parcel of land zoned R-1 (Residential Single District) located at 3960 Pilot Knob Road (Parcel No. 10-02200- 040-27). CITY CODE REQUIREMENT Section 10.12, Subdivision 2, Keeping, states in part, "It is unlaw- ful for any person to keep or harbor any animal, not in transit, ex- cept (1) farm animals kept in that portion of the City zoned Agricul- tural.and containing no less than five acres." A horse is defined as a "Farm Animal" Therefore, the applicant needs a variance for the 4.50 acres of land as well as the R-1 zoning. • It should be noted, however, the City Code does not limit the number of horses per parcel or the distance the horses will be kept from the property line. Since staff has been receiving other inquiries about the number of horses allowed per acre, perhaps the Advisory Planning Commission would want to limit the number per acre or per application. The Planning Commission may also want to look at the distance the horses will be pastured or stabled from the property line. COMMENTS The applicants are presently owners of the property but are requesting the variance for the occupants of the site. The applicants have stat- ed there will be 3 horses housed on the site which will be cared for by the occupants. , As can be seen on the applicant's site plan, the proposed fenced -in area for the keeping of the horses will be on the north side of the property which will be adjacent another large, unplatted parcel, and to the west, County Road 31 (Pilot Knob Road). The block'marked "SHED" 7 c .. CITY_ OF EAGAN VARIANCE - GEORGE L. S MIRIAM M NALL JANUARY 24, 1984 PAGE TWO will house the horses. If approved, the variance shall be subject to the following condi- tions: 1) There shall be no more than 3 horses stabled on the site. 2) No other farm animals as defined in Section 10.12 shall be allowed. 3) No commercial or home occupation shall be permitted in con- nection with the keeping of the horses. 4) Fencing shall be subject to the requirements of the City • Code. 5) All other applicable ordinances shall be complied with. jach 74, 0 0 I P-1 Vr['ce M v/e clrlc Center elle - r City of Eepon t Wa1C ola-2e 0/0 Civic Center elte } r ..SUBJECT PARCEL t e . �rw•� SKOVDA a No.'- 010 - o.' z 020-E7us ... 4 liM i}�if; M ' : \• N .iirr.. ��r{�i•�yb%}4:. ryr� ti '•�}}�l.! •� { r yy ti1 r / 9 w.f vYN.h�..�y'y¢jif• �r L �•y{'1ykr��.ryij/�y'iijCAr�.;{i�'nrycdy{• h • ]'� r / 4. lv{ri�l:�ti{%•i ' f jyyl•�y �Jr�f[•: �N! �••}r'+.k� _ __� � — /IL .�Y w r fif:. 4rY`•...}.yrr:'S• {{r J•yr%r h0 vx:�rri•if�v�• ! iS{?:{:{ Qrxy,{.o OSD'� . {: w+'a{•yv�.. }Y. r r::.: f�l�rq}�,C _ _ � �-w Q tiif "�. • i.y�•'•f'y�r�'v}. Pfdi' _ � / I u .rri,U: fY/%{ri..r,rrr 1�:j.1,.2r��}GlQ f}: �• 3Y {,{•l r v: s .]:..: r�{?•:i{�.�S�f�IJYt•`.1/S'FJ.:�::irr::L�iv4A:}a1�JJ�{{4�i�i!"•.•.-. -'•/ 6 // -' 1 b V D• A -_DEERWOOD_'_""_--_° /XJ I DRIVE CA M N u_ N 7 •` .:` ch Vr['ce M v/e clrlc Center elle - r City of Eepon t Wa1C ola-2e 0/0 Civic Center elte } r ..SUBJECT PARCEL t e . �rw•� SKOVDA a No.'- 010 - o.' z 020-E7us ... 4 liM i}�if; M ' : \• N .iirr.. ��r{�i•�yb%}4:. ryr� ti '•�}}�l.! •� { r yy ti1 r / 9 w.f vYN.h�..�y'y¢jif• �r L �•y{'1ykr��.ryij/�y'iijCAr�.;{i�'nrycdy{• h • ]'� r / 4. lv{ri�l:�ti{%•i ' f jyyl•�y �Jr�f[•: �N! �••}r'+.k� _ __� � — /IL .�Y w r fif:. 4rY`•...}.yrr:'S• {{r J•yr%r h0 vx:�rri•if�v�• ! iS{?:{:{ Qrxy,{.o OSD'� . {: w+'a{•yv�.. }Y. r r::.: f�l�rq}�,C _ _ � �-w Q tiif "�. • i.y�•'•f'y�r�'v}. Pfdi' _ � / I u .rri,U: fY/%{ri..r,rrr 1�:j.1,.2r��}GlQ f}: �• 3Y {,{•l r v: s .]:..: r�{?•:i{�.�S�f�IJYt•`.1/S'FJ.:�::irr::L�iv4A:}a1�JJ�{{4�i�i!"•.•.-. -'•/ 6 // -' 1 b V D• A -_DEERWOOD_'_""_--_° /XJ I DRIVE CA APC Minutes January 24, 1984 20. No dead-end lateral water mains will be allowed. Mr. ulrooney recommended that public right-of-way be ovided based upon the reason utlined by the Engineering staff, includ g more control over maintenance, p ice and fire protection and general p lic safety. Those in favor were McCrea, Hall, Krob and Wold; against we a Wilkins, Mulrooney and Merkley. Member Mu ooney stated the only reason a voted against the motion was he favored the pub c right-of-way in the p oject, and otherwi3e favored the proposal. THE RENTAL PLA - co ONAL USE PERMIT The hearing regarding the appl ation of Larry D. Pedersen for condi- • tional use permit for The Rental a for a pylon sign on Lot 1, Block 1, Barton McGray Addition was conve d by airman Hall. Dale Runkle outlined the proposal and indicated tha the condi onal use permit had been granted for outside storage for the.l ation of a re al business on the lot, and it appeared that the proposed sign would meet 11 the criteria of the sign ordinance including the 30 foot spacing from th existing Kinney Shoe Sign. Contact had been made wi Kinney Shoe but no dete ination as to removal of the sign had yet been me. Mr. Pedersen was present d stated that he would comply with the 300 �Oot spacing. Mulrooney moved, lkins seconded the motion to recommen/�/approval of the application, subjec to the following conditions: 1. All of the conditions regarding the Sign Ordinance shal be adhered to regarding h ght, size and distance from other pylon signs. 2. T e sign shall be renewed yearly in accordance with the Sign Ordi- nance. voted in favor. GEORGE b HIRI AN NALL - VARIANCE The hearing regarding the application of George and Miriam Nall for a variance for the keeping of horses on a 4 112 acre parcel of land zoned R-1 located at 3960 Pilot Knob Road was next convened. Dale Runkle detailed the application and noted that the applicant now is requesting that 5 horses be stabled on the property. A sketch showing the proposed fenced area on the north property line and a shed to the rear that would house the horses was reviewed by the Planning Commission. Alice and Ted Bolke were present and asked questions about the sheltering of horses and also the storage of numer- ous older cars on the east area of the property. Mrs. Nall stated the plan %g 5 APC Minutes January 24, 1984 was to remove most of the cars and indicated that the property is being rented with the renters stabling the horses on the property. Questions concerning the size of the fenced area and the type of fence were asked by members Wilkins, and there were also concerns about the nearness of the property to Pilot Knob Road, the residential character of the neighborhood and the need for variance under the 5 acre minimum for agricultural purposes. Noting the objections that were submitted by neighboring owners, Mulrooney stated that there was no showing of any practical difficulties or hardships according to ordinance requirements and was also concerned about precedent problems and the fact that it was rental property. Krob moved, Mulrooney seconded the motion to recommend denial of the application based upon the concerns of the neigh- boring property owners, and that there was no hardship shown or practical difficulties. All voted in favor. • PERRY KIEFFER - CONDITIONAL USE PERMIT The public hearing regarding the aXhad ion of Perry Ki er for condi- tions se permit for personal storage d at 3955 Dod Road was brought before th Council. Dale -Runkle statedthe Kieffer roperty is approxi- mately 5 acr and is presently a farmsith a bar and new pole building constructed on property. The City sssued a ermit in late 1983 for the pole barn not that it was on agrral operty. Mr. Kieffer is a collector of antique cars and has a rcar usiness for which he has requested space to stor some of the va presently owns himself or with his business. Mr. Ki fer was prnd stated that he has approxi- mately 30 vehicles stored outs a with 40 vehicles inside at the present time and not all are licensed. A ighbwner had concerns as to whether the proposal would meet the ordinan uidelines. Mr.Kieffer stated that he • would agree to license all of the au o biles if it was a requirement of the City and also may request a permit or an ditional pole building in the near future. He also stated that he ould agree ith the annual renewal condi- tional use permit if the reque was imposed. ter discussion, McCrea moved, Krob seconded the motion torr commend approval of a application, subject to the following conditions:;'/ 1. All vehiclq4�/stored on the property shall either have collector's license plates or c ent license plates in order that a junkyard or that type of facility would of be created. 2. The onditional use permit shall be renewed at least ery three years unle objections arise and the City determines that the ord ance is not be ibomplied with. No more than 40 vehicles shall be stored outside at any one time. 4. The property shall not be used for commercial purposes. All voted in favor. ?9 6 Agenda Information Memo February 21, 1984 City Council Meeting Page Twelve CONDITIONAL USE PERMIT/COMMERCIAL STORAGE FACILITIES B. Perry Kieffer for a Conditional Use Permit for Commercial Stor- age Facilities in an Agricultural Zoning District -- A public hear- ing was held before the Advisory Planning Commission at a regular meeting held on January 24, 1984, to consider an application sub- mitted by Perry Kieffer requesting a conditional use permit for outside storage. The Advisory Planning Commission is recommending approval of the application. For additional information on the item, refer to the City Planner's report, a copy is enclosed on pages_ through 195�— for your reference. For additional information on action that was taken by the APC, refer to a copy • of their minutes enclosed on page(s) $ (e ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a condi- tional use permit for commercial storage for Perry Kieffer. O0 CITY OF EACAV SUBJECT: CONDITIONAL USE PERMIT APPLICANT: PERRY KIEFFER LOCATION: PART OF THE SWa OF THE SWa OF NEa OF SEC. 24 PARCEL 10-02400-010-05, 3955 DODD ROAD EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: JANUARY 24, 1984 DATE OF REPORT: JANUARY 19, 1984 REPORTED BY: DALE C. RUNK LE, CITY PLANNER • APPLICATION SUBMITTED: An application has been submitted requesting a conditional use permit for outside storage located in part of the SW; of the SA of the NEk of Section 24, 3955 Dodd Road. COMMENTS In reviewing this particular application, it appears that Mr. Kieffer presently owns a minimum of 5 acres, and there is presently a farm- stead with a barn and new pole building constructed on this property. City staff issued a permit in late 1983 for a pole barn as it relates to agricultural purposes. It is also staff's understanding that Mr. Kieffer is a collector of antique cars and has a rental car business in which he needs a place to store some of the vehicles he presently owns himself or with his business. Staff understands that most of the vehicles are presently stored inside, however, there are some ve- hicles which would be needed to be stored outside on occasion. • Staff has reviewed the property and the area proposed for storage is not that noticeable from Dodd Road, if the storage could be placed in a location which would be least noticeable from Dodd Road. Since the application was submitted, staff has notified the property owners within 350 feet. We have had one inquiry from Mr. Howard Fox requesting what the notice was about and is the business a legitimate business or is some type of illegal operation being proposed. Staff informed him that this was the normal process to notify the people within a distance of 350 feet to inform them as to what is being pro- posed on this particular property. The only concern Mr. Fox had was he wanted to make sure that Mr. Kieffer was performing a legitimate business with the storage of the vehicles. In review of this particular conditional use, it would appear that if this conditional use is approved, it should be subject to the fol- lowing conditions: Val CITY_ OF EAGAN - CONDITIONAL USE PERMIT - PERRY KIEFFER JANUARY 24, 1984 PAGE TWO 1) All vehicles stored on the property shall either have a collect- or's license plate or a current license plate in order that a junkyard or that type of facility would not be created. 2) The Planning Commission may want to discuss with Mr. Kieffer how many cars should be the maximum stored on this property that would work for Mr. Kieffer and have some control by the Advisory Planning Commission. DCR/jach W FITAN LAW • Ll 1 Survey Por: eR41S,144 Perry Kieffer 3955 Ilndd Road - FaRan. MN 5')111 DELMAR H.'SCHWANZ � aw.o•wwvtro+ ScG e-1;_� \yYly VMI l.w M TM 11•\• N Y�,.yM, !•/F _ ,YTw •TeffT A. - WX 01 ROtfUcomf• MWEVOTA YON .wow# elf,pnee tURyEVOR't CERTIFICATE a p r NeeTN. Uue -•� Soavo 41 j.co iw04 % ot,SiVl'V, NF - r 477.eo - N B4'77"3T• E �� 4 Flr-, = I yI ,• I d oMa 3 In 3 f h G w • • • f, . Q' ��0 3 O `. 7 yJi 10 j w or _ w Q �1 _ -- 774.4S 40.11 ll, �4o.t1 l 14a.n3 . 471.00 81.51, t1'! , / / T.�l l •ua • N t Wvt,swy4,.ME,4, Sat. 24, l C. 23 I hereby certify that this is a true and correct representation er e survey of the boundaries of the following described treat of land: The east 475.00 feet of the South 475.00 feet or the Wet Half or the Southwest Quarter or the Northeast Quarter of Section 24, Township 27, Range 11, Dakota County, Minnesota. Subject to all eneementa of record. Alen ehnwing the major bulldings as located thereon. 83 An +nrv.v.., by mI tyle flet day nr netnhlr, 9e0._../J jf Q 0 • i EN Ll TS A T S.A.R. u.63A •:t.t�.fra � � 9�1 ,7Zr p (� > r�2 j D y.;' '; WEST ?LBLISHIN y9 .}{j _ Ist ADD. o ��� r •! �-1T-}-r-i�-- L-I LI ' • 1. 1_�-��—�_i �-- I SUBJECT PARCEL i R -I 0 I Im L AUDITOR'S ' SU80. NO, 42 A R -I 0 I Im L AUDITOR'S ' SU80. NO, 42 APC Minutes January 24, 1984 was to remove most of the cars and indicated that the property is being rented with the renters stabling the horses on the property. Questions concerning the size of the fenced area and the type of fence were asked by members Wilkins, and there were also concerns about the nearness of the property to Pilot Knob Road, the residential character of the neighborhood and the need for variance under the 5 acre minimum for agricultural purposes. Noting the objections that were submitted by neighboring owners, Mulrooney stated that there was no showing of any practical difficulties or hardships according to ordinance requirements and was also concerned about precedent problems and the fact that it was rental property. Krob moved, Mulrooney seconded the motion to recommend denial of the application based upon the concerns of the neigh- boring property owners, and that there was no hardship shown or practical difficulties. All voted in favor. PERRY KI TER - CONDITIONAL USE PERMIT The public hearing regarding the application of Perry Kieffer for condi- tional use permit for personal storage located at 3955 Dodd Road was brought before the Council. Dale Runkle stated that the Kieffer property is approxi- mately 5 acres and is presently a farmstead with a barn and new pole building constructed on the property. The City staff issued a permit in late 1983 for the pole barn noting that it was on agricultural property. Mr. Kieffer is a collector of antique cars and has a rental car business for which he has requested space to store some of the vehicles he presently owns himself or with his business. Mr. Kieffer was present and stated that he has approxi- mately 30 vehicles stored outside with 40 or 50 vehicles inside at the present time and not all are licensed. A neighboring owner had concerns as to whether the proposal would meet the ordinance guidelines. Mr. Kieffer stated that he would agree to license all of the automobiles if it was a requirement of the City and also may request a permit for an additional pole building in the near future. He also stated that he would agree with the annual renewal condi- tional use permit if the request was imposed. After discussion, McCrea moved, Krob seconded the motion to recommend approval of the application, subject to the following conditions: 1. All vehicles stored on the property shall either have collector's license plates or current license plates in order that a junkyard or that type of facility would not be created. 2. The conditional use permit shall be renewed at least every three years unless objections arise and the City determines that the ordinance is not being complied with. 3• No more than 40 vehicles shall be stored outside at any one time. 4. The property shall not be used for commercial purposes. All voted in favor. • • Agenda Information Memo February 21, 1984 City Council Meeting Page Thirteen TRI -LAND COMPANY/PRELIMINARY PLAT FOR SUNSET 4TH ADDITION C. Tri -Land Company Inc., Brad Swenson for Preliminary Plat for Sunset 4th Additional Containing 15.16 Acres with 32 Single -Family Lots -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on January 24, 1984, to consider an application that was submitted by Tri -Land Company for a preliminary plat entitled Sunset 4th Addition, consisting of approximately 15.16 acres and would contain 32 single-family lots. The Advisory Planning Commission is recommending approval of the preliminary plat. For additional information on the item, refer to the City Planner's report, copies enclosed on pages through 9 9 For action that was taken by the APC, refer • to a copy of t emir minutes found on page(s)/Q /O'•2. The Advisory Parks and Recreation Commission isrecommending a cash dedication requirement for this plat. P ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the pre- liminary plat for Sunset 4th Addition as proposed. Special Note: Enclosed on page 101 is a copy of a letter received regarding this item. Also enclosed is a memo from the Director of Public Works found on page I6*• (VA CITY OF EAGAV SUBJECT: PRELIMINARY PLAT, SUNSET 4TH ADDITION APPLICANT: TRI -LAND CO., INC., BRADLEY SWENSON LOCATION: PART OF THE NWa OF THE NA OF SECTION 25 EXISTING ZONING: R -II (MIXED RESIDENTIAL) WITH A DENSITY OF 3-6 DWELLING UNITS PER ACRE - LEXINGTON SOUTH PUD DATE OF PUBLIC HEARING: JANUARY 24, 1984 DATE OF REPORT: JANUARY 18, 1984 REPORTED BY: DALE C. RUNKLE, CITY PLANNER • APPLICATION SUBMITTED: An application has been submitted requesting preliminary plat, Sunset 4th Addition, consisting of approximately 15.16 acres and would contain 32 single family lots in part of the NW4 of the NW4 of Section 25 south of County Road 30 (Diffley Road), west of Saddlehorn Addition and north of Hackmore Drive. ZONING AND LAND USE Presently, the parcel is zoned PD (Planned Development District) in the Lexington South Planned Development. The proposed land use de- signated for this parcel is R -II (Mixed Residential) with a density of 3-6 dwelling units per acre. The Comprehensive Guide Plan desig- nates this parcel as R -I and R -II with the northeasterly portion being R -I (Single Family Residential) with a density of 0-3 dwelling units per acre; the westerly portion of the plat is designated is R -II (Mixed Residential) with a density of 3-6 dwelling units per acre. • The overall plat density contains 2.2 dwelling units per acre, thus conforming with the R -I proposed land use of the Comprehensive Guide Plan. COMMENTS As stated above, the proposed development will contain 15.16 acres and would contain 32 single family lots. Each of the proposed single family lots would meet all of the R-1 zoning requirements which is 85' lot width and 12,000 square feet. The net density of this de- velopment proposal is 2.2 dwelling units per acre which is a low den- sity for single family development. The proposed plat abuts Sunset 1st Addition on the most easterly por- tion of the plat. The access to Sunset 4th Addition would be through Sunset 1st Addition where Richard Lane will tie into Yorktown Place and provide access from the east. Access from the west, Yorktown Place, will be stubbed from Northview Meadows to this proposed devel- opment. There will be two access points to this plat for good traffic ,j ! a CITY OF EAGAN PRELIMINARY PLAT, SUNSET 4TH ADDITION JANUARY 24, 1984 PAGE TWO movement. The applicant is proposing a looped street, Sunset Drive, which would provide access to all of the single family lots south of Yorktown Place. In review of the surrounding land use, there appears to be three single family residences abutting this plat on the south. Two of the residences contain approximately 5 acres and would have access from a private street at the present time, which, in the future, may be the extension of Hackmore Drive. Presently, it is not proposed to develop Hackmore Drive or upgrade Hackmore Drive with this preliminary plat be- cause the lots do have access from other streets which will be construct- ed to City standards. If approved, the preliminary plat should be subject to the following conditions: • 1) All lots shall meet the minimum R-1 zoning criteria which is 85 -foot lot width and 12,000 square feet. 2) The applicant shall dedicate all easements as requested by City staff. 3) All other City ordinances shall be met. DCR/jack ENGINEERING RECOMMENDATIONS 4) A detailed grading and erosion control plan be submitted for staff review. 5•) If utilities are to be installed privately, then the plans and • specifications shall be prepared by a registered engineer and submitted to the City for approval. 6) Right-of-way for Yorktown Place shall be extended to the east boundary line of the Sunset 1st Addition. 7) This development shall be responsible for placing the gravel base for Yorktown Place. 8) A minimum 25' half right-of-way shall be dedicated for Hack - more Drive. 9) Utility and drainage easements shall be dedicated as refer- enced in this report. 10) All future costs for public improvements shall be the sole responsibility of this proposed development. POE • • CITY OF EAGAN PRELIMINARY PLAT, SUNSET 4TH ADDITION JANUARY 24, 1984 PAGE THREE 11) The developer shall submit a petition for the street improve- ment of Yorktown Place as a condition of final plat approval. 12) Utilities shall be extended to the east line of the Sunset lst Addition. 13) Lots 6-10 of Block 1 shall be divided into a lot and outlot. RMH/jack ■m MEMO'TO: THE ADVISORY PLANNING COMMISSION, C/O DALE C. RUNKLE, CITY PLANNER FROM: RICHARD M. HEFTI, ASSISTANT CITY ENGINEER - DATE: JANUARY 16, 1984 SUBJECT: SUNSET 4TH ADDITION 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 This proposed development is located directly east of Northview Mea- dows Addition and south of County Road 30. The existing topography consists of rolling hills with the south half of this portion drain- ing to the south and the north half of this portion draining to the east. The southerly portion of this proposed development slopes rather steeply to the south with the slopes approaching 188. Slopes in the northerly portion of this proposed development range from 28 to 15%. Figure 1 illustrates the relationship of this proposed de- velopment being located partially within the J and L major drainage districts as defined by the Master Storm Sewer Plan. The proposed grading will result in a low spot being in the vicinity of Lot 9, Block 2 with all the drainage north of the proposed street being directed towards it. From here, it is directed to the east via storm sewer through the Sunset lst Addition and then to the north to a holding area just south of Pond JP -27. UTILITIES n Existing utilities of sufficient size, capacity and depth exist with- • in the proximity of this proposed development to provide service to it. Watermain for this proposed development is proposed to be looped through this development from an existing 6" watermain within York- town Place to the watermain constructed within the Sunset 1st Addi- tion. Sanitary sewer for this proposed development is proposed to be serviced by extending the sanitary sewer proposed to be construct- ed within the Sunset 1st Addition. This sewer and water should also be stubbed to the east boundary of the Sunset 1st Addition to facil- itate future utility extensions to the property to the east. If utilities are to be installed under private contract, then the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. STREETS Access to this proposed development consists of a public street named Yorktown Place located within the Northview Meadows Addition and abuts 91 ENGINEERING REPORT SUNSET 4TH ADDITION PRELIMINARY PLAT JANUARY 16,.1984 PAGE TWO the west boundary of this proposed development. It is proposed to extend Yorktown Place to the east and provide in— ternal access by way of a public looped street. The public looped street will provide for excellent traffic flow, however, staff would recommend that Yorktown Place be extended to the east boundary of Sunset lst Addition. This would provide a connection with the pro- posed north -south street within the Sunset 1st Addition and greatly improve the traffic circulation. The developer proposes to construct the internal street under pri- vate contract and petition for the City to install the curb and gut- ter.and bituminous paving for Yorktown Place. Staff has no problem with this as long as it is made a condition of the final plat for • the developer to provide the gravel base for Yorktown Place. RIGHT-OF-WAY/EASEMENTS The developer is proposing a 60' right-of-way for Yorktown Place and a 50' right-of-way for the internal street, Sunset Drive, which staff concurs with. However, staff strongly recommends extending the right- of-way for Yorktown Place from the east boundary of this preliminary plat as proposed to the east boundary of Sunset 1st Addition for rea- sons previously mentioned. Also, a minimum 25' half right-of-way shall be dedicated for Hackmore Drive along the southerly border of this proposed development. A 10' utility easement shall be dedicated adjacent to all publicly dedicated right-of-way along with a 5' drainage and utility easement being dedicated adjacent to all exterior lot lines with a 10' drain- age and utility easement being dedicated over all interior lot lines. In addition, the necessary storm sewer easements required by the pro- posed alignment across Lot 11, Block 2 of this proposed Addition and Lot 4, Block 1 of the Sunset 1st Addition will be required to be dedi- cated and/or obtained. ASSESSMENTS In reviewing the assessments levied over this proposed development which consists of Parcel 010-27 and 021-27 of the NWS of Section 25, it was found that all trunk related assessments have been levied. Subsequently, all future costs for public improvements shall be the sole responsibility of this proposed development. MISCELLANEOUS As proposed, this development will pose a problem in the.future re- garding the construction of streets and utilities within Hackmore Drive since Lots 6-10, Block 1 will have double frontages. Subse- quently, it will be difficult to assess any benefit resulting from utility and street improvements within Hackmore Drive to these lots, thereby jeopardizing the financing of any such projects. Therefore, 9D'_ ENGINEERING REPORT SUNSET 4TH ADDITION PRELIMINARY PLAT JANUARY 16, 1984 PAGE THREE staff would recommend that Lots 6-10, Block 1 be subdivided each into two lots with the additional lot being labeled an outlot. This would provide the owner of a lot ownership and control over the outlot should it elect to be included with this purchase and also allow the City to assess the benefits resulting from the improvements of Hack - more Drive. An alternate to this would be for the developer to provide an escrow account for the costs of improving Hackmore Drive which may be drawn against upon the improvement of Hackmore Drive. Finally, a last al- ternative is to leave the plat as proposed thereby encumbering the City's trunk funds for future improvements within Hackmore Drive. I will be available to discuss any aspect of this report with the Ad- visory Planning Commission at their meeting of January 24, 1984. Respectfully submitted, Richard M. Hefti, P.E. Assistant City Engineer RMH/jach OI3 0 ?- J - 32 / - /C J-3 23 - . ti / J-67 I� / I J-48 tl J-4 5 0l ,, I i J 0cr I I W J-51 J-52 0 rte. Z . 'Abject L-21 L-36 J-35 .0000 J -362, \ --38 I J-46\\ P-(27 f> J-47 el II L-25\', �23~�- \ L-31 �D L-32/ /' i \\r 5 y e rr ..•° a rP e pGK e a s 10 ue V.r\.rr0e i 0 SITE DATA TRI -LAND inc. •... I ` 9 . G y 0`O PRELIMINARY PLAT: SUNSET 4TH ADDITION 1 2 3' .e •° i' �� uourrr• YORKPLACE ST. n. \., •. .• u n .e- re• .. t t \„ .Y \4 a •uw.an .O .•�'° .1°,...\` \' oo.. 18 13 12 71 13 75 14 ,eeeu. n.a • n,aauau. ' e . 2 .°°'0• as u u u to •. i 2 ° .. •. .. ,Zor as .n BUO _\.. 10 .r •• U,Oe4a.L as or ' r OR. ' 11 4 ~ SUNSET a ,•. ..a ° ..000.ar4 � •e .• rr\ n• •e H u.ru rtm i \\r 5 y e rr ..•° a rP e pGK e a s 10 ue V.r\.rr0e i 0 SITE DATA TRI -LAND inc. •... I N 35/4FE0 FI PRELIMINARY PLAT: SUNSET 4TH ADDITION \, 3 10 mac: 1 `u IT N'�/2'-'O.) It:] m N.890 \� N TH Lin E 1512 F 1jSIE N 1 19T= 13 "•�� 1.12 �,'` O ��� /� H NH 4 SEC 2 %U -N- i, 969 9 LA RADING AND DRAINAGE PLAN �70, i� - I wereue .o.e un•nen 9ii '9 23 • TYL �/ 0' r Os 0 6 / 9 S' •F \ l� for 3 0, -OG 1 2 3 t 1. 1 2 J 3 3 4 I 4 5 s 7 PRELIMINARY PLAT: SUNSET 4TH ADDITION 19 15 14 13 12 11 :. 13 0 10. 12 7 8 9 B 5 J ..� •"� UTILITY PLAN 1GK 1 8 9 1 10 --..?\, ter- _ ____z_ -. 4..._ . _._______ • .. - .._ _ � � ,. .- d RBGB GOLF a W. In L-CfAMERCIAL �- n.r•,3f"•'�::: PLANNED CEVEIOPNtENT-: /�'.-I� - --_-jam --''R-� `U. •. _. 'Ind_ / - = -!l:: _'Y=„•a .a --- Intl .... ..•, -`� •r -!i ilii �P •'-..'`_'--_'_ .. • J:-LB _Ind. _ I RAS GB •,R -I R .. ut, _ R-1 w LB = % . •. B7 R-1 R -II ; :.mu�tyn I. P a r •quer 1}—� P Wrpt• tw� naw R II Ra P jtii I I .f - R -II `IT I .--POSEMJUNT -/' .i +:cvL�f 06 " SUBJ CT PARCEL 'F I 'F cr �q n Acn Q. I� Z z PD W �. 74-1 (r 0 .J • y` A i — -�- - -- - -- KwOTOD i�,_ A 1 Iq tea. i 14 -- A C. S. A. H x 30 AUDITOR'S SUBD. NO. a2 R-1 R-1 OVER J� //q A .J • y` APC Minutes January 24, 1984 \ 5. The plat shall be subject to the Dakota County Plat Com ssion's revie and comment because it abuts County Road right-of-way. 6. detailed grading, drainage and erosion control p n must be sub- mitted for roval depicting the proposed measures to st ilize side slopes and disturbed eas. 7. A storm wer detention ponding system skill be constructed in the NE 1/4 of this proposbq development. 8. Adequate utilit Xstreet shall provided over the water main hydrant lead extensions. • 9. This development ponsible for its residential street equivalent assessment for tt of front footage adjacent Pilot Knob Road to cover future upgradal escrow amount shall be determined utilizing 125% of the residet uivalent rate for multiple dwell- ings subject to reconsidedifica on or elimination by the City Council at the time of finaoval. 10. That the gar41¢es on the east end of th West building shall be realligned to allow grAater emergency vehicle turning a a. All voted i favor, except Hall who opposed the prbvision regarding escrowing Hinds or future Pilot Knob Road upgrading and state that the City has not requi d that in the past. Mulrooney then moved, Hall econded the motion to re ,est the staff undertake a study concerning the pro iety and procedures of advanced collections for potential assessments for pu is im- • proveme s, including street improvements prior to the improvements eing insta ed and that the staff report its findings to the City Council. All voted in favor. SUNSET 4TH ADDITION - PRELIIQHARY PLAT The application of Tri -Land Company and Bradley Swenson for preliminary plat approval of Sunset 4th Addition, consisting of approximately 15.16 acres with 32 single family lots in part of the Northwest quarter of the Northwest quarter of Section 25 south of Diffley Road, west of Saddlehorn Addition and north of Hackmore Drive was next heard. Dale Runkle introduced the project and noted the parcel is zoned Planned Development and is a part of Lexington South PD. The proposed land use is R -II with a density of 3 to 6 units per acre and the overall plat density would contain 2.2 dwelling units per acre. The minimum guidelines under R-1 zoning will be met in the proposal and it was noted the applicant is proposing a looped street, Sunset Drive, which would provide access to all of the single family lots south of Yorktown Place. Brad /00 9 APC Minutes January 24, 1984 Swenson and Jim Curry appeared for the applicant. Mr. Swenson explained the slope features and heavy tree cover on the south and stated there is little chance of the southerly portion of the lots being developed because of the slope. There are smaller lots to the north and larger residential lots to the south and it was suggested that the lot sizes make a reasonable transition. He stated that neighborhood meetings have been held and no objections have been received, in fact, neighbors generally approved the project. The owner of the property to the east appeared and supported the proposal as well as other property owners who were in support of the project. There was discussion concerning the proposal of the engineering staff to provide that the southerly lots be divided, including outlots on the south side of each lot to allow future development, also assessments for the possible extension of Hackmore Drive in the future. Member Krob stated that the Planning Commission and • Council must listen to the staff recommendations and not only look at the immediate development but the long-term city responsibility, but also was aware of the transition from smaller to larger lots to the south. Mr. Sauter, an owner to the south, was present and stated that he may need access to Hackmore Drive extended if his land is subdivided. Wilkins moved, McCrea seconded the motion to recommend approval of the application subject to the following conditions: 1. All lots shall meet the minimum R-1 zoning criteria which is 85 -foot lot width and 12,000 square feet. 2. The applicant shall dedicate all easements as requested by City staff. 3. All other City ordinances shall be met. 4. A detailed grading and erosion control plan shall be submitted for • staff review. 5. If utilities are to be installed privately, then the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. 6. Right-of-way for Yorktown Place shall be extended to the east boun- dary line of the Sunset 1st Addition. 7. This development shall be responsible for placing the gravel base for Yorktown Place. 8. A minimum 25 foot half'right-of-way shall be dedicated for Hackmore Drive. 9. Utility and drainage easements shall be dedicated as referenced in this report. APC Minutes January 24, 1984 10. All future costs for public improvements shall be the sole respon- sibility of this proposed development. 11. The developer shall submit a petition for the street improvement of Yorktown Place as a condition of final plat approval. 12. Utilities shall be extended to the east line of Sunset 1st Addition. All voted in favor -except member Krob who voted no, indicating that he felt that the southern lots should be subdivided as recommended. • SUNSET 5TH ADDITION - PR®JIKINARY PLAT The application of Joseph Hoffman for preliminary plat approv1 of Sunset 5th Addition consisting of approximately one acre containing two Ingle family lots located vn the west side of Dodd Road, immediately nort of Saddlehorn Addition was ne heard. Dale Runkle detailed the applica on and the City Public Works Depar nit recommended that an overall plan or the land to the west be submitted to ovide for access to that parcel, ich otherwise could be cut off except Dodd R d to the north and west. Th a were no objections to the application and the eveloper indicated that a would be willing to dedicate 25 feet along the rth line for street ccess purposes, but re- quested that no street assessme s be levied on t property for that street. The developer also asked, becau of time co traints, that the Planning Commission recommend approval sub to the d ermination of the location of a street in the future. Mulrooney mov Kro seconded the motion to continue • the motion to the next regular meeting d nstructed the developer and the staff to work toward a resolution of the cess problem from the land to the west. All voted in favor. ORDINANCE Chairman Hall stated that pf informal discussion cf the proposed Shore - land Ordinance No. 77 will tao place at the next regulAv, Planning Commission meeting with a formal hear�M concerning the ordinance a the regular March 1984 meeting. KNOLL - PRELIMINARY PLAT The staff i icated that attempts have been made to contact the eveloper of,the propose Pheasant Knoll plat with no success. McCrea moved, M rooney seconded the otion to eliminate the application from the agenda and i the event the veloper wishes to reappear, that a new application be submitted. All voted n favor. X02 rebruary 12, 1984 aagan koity Council Hasan ;ity call ..agan, ::innesota Lear Eagan Cit., Council, my :rife and I will not ce a:le _c attend the February 21 Cit;; council :eeting. :!e u..derstcnd the preliminary plat for Sunset Lour addition will be on the agenda and ::ince this development adjoins our north pro arty line we ::ant cu to !:no•..* our vie.:c. As ::e t -,-'d ti:e City Plunnin,,- Cc _rlscior., next to no development rias Plan ..as `.he best '..e've seen. �'rcm our noint of vi::v: t::e • lar.,e size lotc on _;:c south are the n:oct attractive feature and are critic--! for au_ : ;ort .. J .his cevelcp...ent. Thic _cat:u•c _ ,cakes a perfect transit_c.n bct,:een the lot: dcnsit;; to ^e south and the I,!Z;,her density housing in the north -;art of :l:c develop::ent. In adeition it ;;rozerves the trees -.r.d t}:e ru. od terrain of He arca that attracted us tc ti:is area thirteen years a -o. -;e asI: that you do not ccanC.e the J_atus of t::cse lar,.cr lots and ag_rrove the plan in the carie n:anner as '.he 2la:=a n- ao-:aissicn. Shan. you very _uch. sincerely, Betty and Jerry Sauter 750 Backa:::ore Drivc 454-7754 l� 103 • MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: FEBRUARY 17, 1984 SUBJECT: PRELIMINARY PLAT - SUNSET 4TH ADDITION During the staff review of this proposed subdivision, the Engineer- ing Division recommended (R13) that Lots 6-10 of Block 1 be divided into outlots fronting onto Hackmore Drive to eliminate the proposed double frontage of these lots. This recommendation was omitted from the approval granted by the Planning Commission with no sug- gested alternative to future problems associated with financing the upgrading of Hackmore Drive. The attached map shows the location of the proposed Sunset 4th • Addition to the dedicated right-of-way of Hackmore Drive. If the Sunset 4th Addition does not wish to have lots fronting on to Hack - more' Drive and subsequently retain the larger -sized lots, then I would strongly recommend that the Council make it a condition of this plat approval to pay a residential equivalent assessment to the City which could be applied to any future costs associated with the installation of streets and utilities when Hackmore Drive is upgraded and connected to the recently completed street within the Northview Meadows subdivision. If this financial obligation is not a requirement of the final plat, it will become the City's financial responsibility to pay for one-half of the costs associated with the upgrading of streets and utilities within Hackmore Drive when it occurs in the future. This is due to the fact that we will be limited in the amount of • the costs that can be assessed on the property on the south side to the benefit received from those improvements. Therefore, I strongly recommend that the Council require this future obligation of the subdivision to be paid now to cover the City's future finan- cial responsibilities. As an alternative, these lots could be split with adequate frontage and :square footage taking direct access from future streets and utilities from Hackmore Drive. However, if this alternative is approved, it would require the upgrading of Hackmore Drive at the present time to provide these newly -created lots with standard streets and utilities.. I would like to discuss the concerns of the Public Works Department with the City Council in relationship to the elimination of the recommendation as approved by the Planning Commission in hopes that a satisfactory alternative can be agreed upon. Respectfully submitted, a (Z oms Director of Public Works O n T 9o- Agenda Information Memo February 21, 1984 City Council Meeting Page Fourteen BURNSVILLE/EAGAN CABLE COMMISSION UPDATE A. Burnsville/Eagan Cable Commission Update -- Since the Burns- ville/Eagan Cable Commission has now completed four (4) regular meetings in addition to considerable committee work, it seemed appropriate to place this item on the agenda and allow City Council - member Smith, who is Chairman of the Joint Commission, and City Administrator Hedges to update the City Council on progress the Commission is making to date. The City Council may want to review minutes that have been provided with the last informative memo to determine whether they have any questions that might be of interest to the City Council for discussion purposes. The City Administrator will provide a brief status report previous to any • discussion. /6 S Agenda Information Memo February 21, 1984 City Council Meeting Page Fifteen MNDOT COST PARTICIPATION AGREEMENT #61824 (I-494) B. Approve MnDot Cost Participation Agreement #61824 (I -494) - As discussed under the public hearing for Project 349, the progres- sion of I-494 to the east with its interchange with T.H. 149 results in a relocation and upgrading of east and west Blue Gentian Road to City standards. Due to the fact that these local streets require cost participation from the City to accomplish this upgrading to City standards, it is necessary for the City to enter into a cost participation agreement with MnDot. The City's obligations under this MnDot agreement have been reviewed in detail by the Public Works Director and consulting engineer and found them to be in accordance with standard policies for joint construction and cost participation. The City's obligations associated with this cost • participation agreement have been taken into consideration and addressed as a part of the feasibility report for Project 349. Therefore, if the public hearing for Project 349 is closed and the improvements ordered for installation earlier in the agenda, it would be in order for the Council to approve this cost participa- tion agreement providing for the City's financial obligation associated with those improvements. ACTION TO BE CONSIDERED ON THIS ITEM: To pass/deny a resolution approving Cost Participation Agreement #61824 authorizing the Mayor and City Clerk to execute all related agreements and documents providing for financial obligation of the City associated with the upgrading of east and west Blue Gentian Roads as a part of I-494. • 166 Agenda Information Memo February 21, 1984 City Council Meeting Page Sixteen MNDOT COST PARTICIPATION AGREEMENT #61932 (I -35E C. Approve MnDot Cost Participation Agreement #61932 (I -35E) -- As it was discussed under Project 372 during the public hearing earlier in the agenda, there are several street and utility improvements associated with the progression of I -35E that become the City's financial obligation. Subsequently, a cost participation agreement has been prepared by MnDot delineating the City's financial responsibilities associated with the upgrading of these local improvements to City standards. This agreement has been reviewed in detail by the Public works Director and consulting engineer and the financial responsibility delineation has been found to be in accordance with present • policies for cooperative joint construction and cost participations. All the improvements delineated in Project 372 presented under the public hearing earlier on the agenda have been taken into consideration in this agreement as it pertains to the City's responsibilities. If the public hearing for Project 372 is closed and the project approved as presented, it would be in order for the Council to approve this cost participation agreement so that this work can be performed cooperatively under a MnDot contract. ACTION TO BE CONSIDERED ON THIS ITEM: To pass/deny a resolution approving MnDot Cost Participation Agreement #61932 and authorizing the Mayor and City Clerk to execute all related documents and agreements. • MNDOT COST PARTICIPATION AGREEMENT #61933 D. Approve Dakota County Cost Participation Agreement (MnDot Agreement #61933 - Diffley Road and Pilot Knob Road -- As a part of the I -35E progression through the City of Eagan, certain improvements will be performed cooperatively under a MnDot contract for the upgrading of County 30 (Diffley Road) and County Road 31 (Pilot Knob Road). MnDot Agreement #61933 is a cost participa- tion agreement between the State and the County due to the juris- dictional authority of the county roads being approved under a state contract. However, present City policy requires that any improvements to county roads be the joint responsibility of the County and the benefitted municipality on a 55/45 split of costs for all road improvements and related appyrtenances. Therefore, the County has prepared a cost participation agreement between the County and the City delineating the City's share of the costs associated with the County's responsibility as a part of MnDot's cost participation agreement. '677 Agenda Information Memo February 21, 1984 City Council Meeting Page Seventeen All proposed improvements associated with this cost participation agreement with the County have been taken into consideration and included in the feasibility report for Project 372 presented earlier on the agenda under public hearings. The Public works Director and consulting engineer have reviewed this cost participa- tion agreement in detail and found it to be in conformance with present policies of delineation of financial obligations between jurisdictional agencies for related improvements. Therefore, if the public hearing is closed and Project 372 ap- proved earlier on the agenda under the public hearing items, it would be appropriate for the Council to approve this cost participation agreement between the City and the County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Dakota County • Cost Participation Agreement relating to MnDot Agreement #61933 for the upgrading of Diffley Road and Pilot Knob Road associated with I -35E and authorize the Mayor and City Clerk to execute all related documents. 0 I�� Agenda Information Memo February 21, 1984 City Council Meeting Page Eighteen CONTRACT 84-1/LONE OAK ROAD-T.H. 55 WATERMAIN E. Contract 84-1, Receive Bids/Award Contract (Lone Oak Road/T.H. 55 - Watermain) -- On November 15, 1983, the public hearing was held and a project approved which consisted of three parts: Part 1: Construction of trunk watermain along the west side of T.H. 55/149 through the intersection of Lone Oak Road and westerly extension within Lone Oak Road from this intersection due to pending intersection improvements by MnDot during 1984. The segment of trunk watermain from Lone Oak Road southerly to the extension of Apollo Drive was bid at a 24" -diameter • with an alternate bid requested for a 20" -diameter trunk watermain for this segment. The City's consult- ing engineer and Public Works Director will be evalu- ating the cost benefit of reducing this watermain size and will have the information available to the Council for consideration of the alternate bid at the meeting on February 21. Part 2: This consisted of relocation of hydrants and lowering/ insulating the existing watermain and relocating fire hydrants along the west side of T.H. 149 by General Coatings Inc. in anticipation of the future frontage road to be constructed by MnDot during 1984. Part 3: This involves the westerly extension of trunk water - main facilities from Pilot Knob Road, at its inter- section with Duckwood Drive, in anticipation of the future upgrading by MnDot during 1984. This work was not originally contained in the feasibility report as it was anticipated to be performed under a MnDot contract. Regardless, this work will be the full responsibility of the trunk watermain with no related assessments. As such, it was not necessary to have it included in the original feasibility report. However, because MnDot could not incorporate it in their construction plans in a timely fashion, it was determined to be in the City's best interest to add this trunk related work under this contract for bidding purposes. Enclosed on page10 is a tabulation of the bids received at the official bid opening held on February 16. Due to the necessity of this project and the favorable bids received, the staff is recom- mending that the Council receive the bids and award the contract M Agenda Information Memo February 21, 1.984 City Council Meeting Page Nineteen to the lowest responsible bidder, W & G Rehbein Bros., Inc. Veri- ification of the bid amounts will be reviewed and discussed with the City Council along with the staff's recommendation for consider- ation of accepting the alternate bids submitted. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the -bids for Contract 84-1 and award the contract to the lowest responsible bidder. • • 110 116 PART I Our Pile No. 49290 TOTALS LONG OAK ROAD AND TII NO. 55 $130,200 $19,000.00 TRUNK WATt.I(MAIN (F.R.)$124,660.00 $10,760.00 PROJI•:CT NO. 391 135,420.00 LOW BID EAGAN, M1NNESUT.; 22,075.52 146,388.51 CONTRACT 84-1 112,010.12 111D TIhIE: lit:3U A.?:., C.S.T. F.R. (-) 4.76% (-)48.07% 111D DATc: Tigursday, hvt-. It,, 19214 . ALTERNATE CONTRACTORS TOTAL BASE BID ALTERNATE 1) W & G Rehbein Bros. $146,388.51 $139,673.01 2) Encon Utilities, Inc. 149,966.10 143,306.10 3) Hydrocon, Inc. 152,899.00 146,794.00 • 4) Robert W. Moore 153,443.00 147,338.00 5) Hayes Constructors 154,990.25 150,550.25 6) H.B.H. Construction Co. 154,998.25 148,338.25 7) Dawson Construction Inc. 155,247.00 148,587.00 8) S. M. Hentges & Sons 155,252.54 150,812.54 9) Austin P. Keller Construction 155,574.00 150,024.00 10) Crossings Inc. 157,364.20 149,927.20 11) 0 & P Contracting 159,637.76 151,767.86 12) Northdale Construction Co. 203,028.50 196,368.50 13) S. J. Louis Construction Co. NO BID NO BID 14) Erwin Montgomery Construction NO BID NO BID 116 PART I PART II PART III TOTALS ENGINEER'S ESTIMATE $130,200 $19,000.00 $149,200.00- 149,200.00•FEASIBILITY REPORT FEASIBILITY-REPORT (F.R.)$124,660.00 $10,760.00 NA 135,420.00 LOW BID 118,725.62 5,587.37 22,075.52 146,388.51 ALTERNATE 112,010.12 139,673.01 % OVER(+)/UNDER(-) F.R. (-) 4.76% (-)48.07% NA NA ALTERNATE (-)10.15$ NA 116 Agenda Information Memo February 21, 1984 City Council Meeting Page Twenty CONTRACT 84-3/ALMQUIST LAKE LIFT STATION F. Contract 84-3, Approve Plans/Authorize Advertisement for Bids (Almquist Lake Lift Station) -- On January 17 a public hearing was held for Project 393 providing for the installation of a trunk storm sewer outlet for Almquist Lake. The public hearing was closed and the project subsequently approved with authorization being given for the preparation of detailed plans and specifications. These plans have now been completed and are being presented to the Council for their review, approval and authorization to advertise for a bid opening. The consulting engineer and Public Works Director will be available to discuss the details of these plans with the Council at the meeting on • February 21. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the plans and specifications for Contract 84-3 (Almquist Lake Lift Station) and, if approved, authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 15, 1984. CONTRACT 82-7/CINNAMON RIDGE 3RD ADDITION G. Contract 82-7, Final Payment/Acceptance - Cinnamon Ridge 3rd Addition (Streets 8 Utilities) -- We have received a request for final payment for Contract 82-7 from our consulting engineering firm along with a certification of compliance with the approved plans and specifications which provided for the installation of streets and utilities to service the Cinnamon Ridge 3rd Addition. Taking into consideration the two change orders that modified the original contract amount, the final construction costs came • in 2.58 below the original contract amount due to minor miscel- laneous quantity underruns. All cost associated with this project will be assessed against the development. All final inspections have been witnessed and verified by represen- tatives of the Public Works Department and it is now being recom- mended that this project be formally accepted for perpetual maintenance and that final payment be authorized to contractor. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the seventh and final payment of $25,707.03 to Austin P. Keller Construction Company for Contract 82-7 and accept the project for perpetual maintenance. Agenda Information Memo February 21, 1984 City Council Meeting Page Twenty -One 1984 SEWER 8 WATER UTILITY USER RATES H. Consideration of Sewer 8 Water Utility User Rates for 1984 As is customary on an annual basis, the Public Works Director had the consulting engineering firm of Bonestroo, Rosene, Anderlik and Associates, Inc. perform a study pertaining to sewer and water utility user rates in relationship to expenses and required revenue to maintain and provide sewer and water service for the City. A review of the approved 1984 utility budget, combined with antici- pated sales during 1984, resulted in this report conclusion and recommendation that the sewer and water user rates not be increased for 1984. A copy of this report is being forwarded to the Council under separate cover for their review, comment and reference during consideration of this item. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the 1984 report on sewer and water utility user rate study and approve/deny the recommendation for no increase in rates during 1984. TRUNK -RELATED ASSESSMENT RATES - 1984 I. Consideration of Trunk -Related Assessment Rates for 1984 -- In the past, the Public Work Director has had the consulting engi- neering firm of Bonestroo, Rosene, Anderlik and Associates, Inc., review the construction costs associated with completing our trunk systems (sanitary sewer, water, storm sewer, and major streets) and recommend appropriate rates to maintain the solvency of these funds through the levying of trunk -related assessments (area, lateral benefit, road user connection fees, street equivalent assessments, etc.). In the past, this information was included as an appendix to the annual sewer and water utility rate study. However, the Director of Public Works felt that this information should be expanded and addressed through a separate report for separate action by the Council. Therefore, forward to the Council under separate cover is a copy of this report for their review, comments and reference during consideration of this item on February 21. The results of this report indicate that the trunk -related assessments should be increased by an average of 5.08. It also established definitive rates for a zoned -equivalent rate (residential, multiple, com- mercial/industrial) to be used during the upgrading of major streets. The Public Works Director and consultant engineer will be available to discuss this report in detail with the Council as they desire on February 21. ��a • • Agenda Information Memo February 21, 1984 City Council Meeting Page Twenty -Two ACTION TO BE CONSIDERED ON THIS ITEM: To receive the report and approve/deny/modify the trunk -assessment rates for 1984. s/Thomas L. Hedges City Administrator • TLH/hnd/kf I 1 U X13 • • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 17, 1984 SUBJECT: INFORMATIVE COMMUNITY ROOM The City has prepared a rather lengthy procedure for the use of the Community Room located at the Fire Administration Building. Scheduling the Community Room will be a function of Parks and Recreation and if the City Council is interested in reviewing the policy for use of the Community Room, please request and a copy will be distributed for review. It is anticipated that the Com- munity Room will be available within a month. MUNICIPAL LEGISLATIVE COMMISSION UPDATE Enclosed is a letter from Larkin, Hoffman, Daly and Lindgren law firm that provides a summary of the representation agreement they have entered into with the 14 cities. This letter provides a brief analysis of how the law firm will work with the 14 cities and I thought would be of interest to the City Council. The City Admin- istrator is attending an all -day meeting on Friday, February 17, along with City Administrators from the other 13 cities to work on position papers with the lobbyist. The next regular meeting of the joint commission is at 5:30 p.m. on Thursday, February 23, in the City of Roseville. Mayor Blomquist and the City Admin- istrator, as the City's two delegates, will be attending. A copy of the letter is found on pages 11 through 120 . INDEPENDENT SCHOOL DISTRICT @196/EAGAN HIGH SCHOOL ISSUE The City Administrator and Mayor Blomquist attended a school board meeting that was held on Monday, February 13, 1984. Needless to say, the meeting lasted from 7:30 p.m. to 12:30 p.m. with Eagan residents attempting to endure a long wait from 7:30 until 10:30 when the school facilities item was considered. Mayor Blomquist and the City Administrator will discuss in more detail what trans- pired at the school board meeting in a future workshop session. Enclosed is a copy of a letter and to the school board the night of will more than likely be suggesting by the City Council as a matter of letter and resolution are enclosed on 11 resolution that was submitted the meeting. Mayor Blomquist that this resolution be adopted formal record. A copy of the pages 12.% through 12 4 . SPERRY SEMI -CONDUCTOR OPERATIONS NOISE PROBLEM The City Administrator has met with the noise analyst from MPCA and as directed by the City Council, noise monitoring will occur 114 INFORMATIVE MEMO February 17, 1984 Page 2 before and after equipment is installed at the Sperry Semi - Conductor facility. The City Attorney's office has been notified of the action that was taken at the last City Council meeting con- cerning legal direction if Sperry does not satisfy the noise problems that are being alleged by the Timberline Addition. A copy of a letter to Mr. Gustin and Mr. Nikolai from the City Admin- istrator is enclosed on page�a Also enclosed are copies of letters from Mr. Nikolai to David Kelso of MPCA and the Senior Vice -President of the Sperry Semi -Conductor operations, Mr. David Turcotte. These letters are enclosed on pages 12 % through 13 O Mr. Giblin and Mr. Nikolai have, since the last City Council meeting, filed criminal complaints with the Police Department asking that the noise problem be prosecuted as a public nuisance. The complaint is being reviewed by the City Attorney. RACE TRACK • Enclosed on page S 1) is a copy of a letter received from the City of Mendota Heights and also an pagej3 Z is a copy of a letter received from the City of Sunfish La ereggarding their positions on the proposed horse racing facility site in the City of Eagan. This week, a statement was made by Ray Glumack on WCCO that would appear to the average listener that MAC had problems with the horse racing facility being located under the preferential runway in the City of Eagan. The statement about the race track came to the attention of the City's applicant, Minnesota Jockey Club, Inc., and in an effort to clarify Mr. Glumack's statement a meeting was held on Wednesday, February 15 in Mr. Glumack's office. The City of Eagan was asked by Mr. Pflaum for representation at the meeting and the City Administrator contacted City Councilmember Egan who joined the Administrator at the meeting. To reduce an hour and a half of dialogue to a few sentences is difficult but the main • outcome of the discussion was that Mr. Glumack made it extremely clear that he is not an adversary of the Eagan horse racing site or any site for that matter and was merely addressing a question as to how the airport would regard any kind of land use that might threaten continued alignment designation of the preferential runway. Mr. Glumack responded by stating that the Metropolitan Airports Commission would be very concerned about any use that would cause any jeopardy to the preferential runway. The Minnesota Jockey Club, Inc. presented a three-page easement that guarantees the Metropolitan Airports Commission that they will provide permanent air rights for the preferential runway over their horse racing facility dismissing any public speculation that noise is a problem for the horse track. It was made extremely clear by Mr. Glumack that the MAC is not concerned about noise being a factor for the horse track; any noise concern for the horse track is a private matter with the investors. This matter was cleared up and the easement will be filed with the application. Since the recent I(S INFORMATIVE MEMO February 17, 1984 Page 3 city council meeting held on February 7, 1984, in the City of Mendota Heights has brought considerable news attention to the race track located in the City of Eagan, I felt copies of articles regarding that meeting might be of interest to the City Council. Enclosed on pages 13 1through 1'� are a cumber of copies of articles that have appeared in —4ocaal`newpapers. Also enclosed on pagess�4-J4Sis a copy of a letter from the Inver Grove Heights Development Corporation informing Mayor Blomquist that their corpor- ation has endorsed the Eagan site and further that they're request- ing a similar endorsement from mayors of cities in Dakota County. WORKSHOP The City Administrator is suggesting that the City Council have a workshop session to address a number of miscellaneous items, one of which should be a meeting with the History Committee. A • suggested date for that meeting is February 28 if the date is acceptable to everyone's calendar. A formal agenda would be prepared for the special workshop/City Council meeting; however, it is anti- cipated there would be no formal action taken. PROJECT 349, BLUE GENTIAN ROAD (Streets & Storm Sewer Improvements) City Financing -- On page 5 of the feasibility report for Project 349, the revenue sources to finance this project are delineated in relationship to project cost and revenue receipt from assessments. You will note that the resulting balance indi- cates $178,544 will be the responsibility of "City and State" funds. The report was prepared this way to show that the assessment revenue as proposed under this project was not sufficient to cover the cost of the improvements being performed. • However, through a cost participation agreement with MnDot, the State will be participating in a portion of these construction costs. Therefore, enclosed on pages( - is a subsequent summary of revenue sources that was performed to show the relationship of the MnDot cost participation in relationship to the project cost and assessment revenue. As can be seen from this subsequent summary, due to the significant cost participation on behalf of MnDot combined with the proposed assessment revenues, this results in a positive balance of $132,385 to the City's trunk storm sewer fund and $260,861 to the City's major street fund. This subsequent information is being forwarded to the Council to show that the significant negative balance on page 5 of the feasi- bility report does not imply that the City will be incurring a financial burden to our trunk funds if this project is approved. It also provides additional information to the Council in considera- tion of any special assessment consideration requests that have been received. 116 INFORMATIVE MEMO February 17, 1984 Page -4 Project 372, I -35E (Utility s Street Improvements) -- Financial Revenue Review The feasibility report that was prepared for Project 372 provided a revenue source breakdown on pages 47 and 48 to show the relation- ship between the cost of the project for various improvements, the assessment revenue that would be generated from this project and the resulting balance that would be the responsibility of "City & State" funds. This resulting total balance indicated a negative $846,767 deficit that would have to be financed through these city/ state funds. This information was presented this way to show that the revenue being generated from assessments was less than the cost of the overall project. However, through a cost participation agreement with MnDOT, the • state and the county will be participating in some of these finan- cial liabilities. Therefore, enclosed on pages /+0) through-() is a subsequent summary sheet of revenue sources which shows t -e balance after taking into consideration the financial participation of the state and the county. This summary sheet shows the actual financial obligation of the City's trunk funds which range from a negative balance of $103,930 to the trunk watermain fund to a #285,174 positive balance to the major street fund if all assess- ments are levied as proposed under this project. It was felt that this information would be beneficial to the Council in helping to determine the benefit of this project in relationship to the or- dering of this improvement. The Public Works Director and Consulting Engineer can discuss this financial analysis in further detail at the Council meeting if de- • sired by the Council. s/Thomas L. Hedges City Administrator TLH/hnd I►i LJ F wo D[w,L Ho•IX.N JADw r.-DALr e. AHO.CM,'nwN oL.IXNMISC. LL 1L+ AND..5 0 N OC..1O A".1D-.111u ALLAH [. NVLLIO.N J^MCS Roo[+r J. r[XN[aacr RON.L O.R.FLC c .KSOM CC -..D J..P.SCOu r[a w LCT JOHN . c�UOn 0. 010 C w ANTHONY lo.. O.[ LLC+.PCN .06C D. /u LLM[P ...... C. .. Sol,, CY ::CHA::CHA1 OO RD A. H0.00NLCP .0..PD A. NOROev[ CH..IC T .-1 . LL JP. Cn.PLC! S. rOO[LL R rOwr[R J. OI[.S[N o1C.. '%., .-0.0 r.[o NMo l.N.. 51C...M1... 1. 1 .1-1O X rca r. {MSC+ o. P6CN00 1 T THOMAS N /I!r[P o N.e P, erovr.N ]rcNCN .. LcvIN February 8, 1984 LIRKIN, HOFF?IJ\\, D,%i.y & LINDOREN, LTD. ATTORNEYS AT LAW ISOO NORTHWESTERN FINANCIAL CENTER 7000 XERXES AVENUE SOUTH MINNEAPOLIS. MINNESOTA SSe31 TELEPHONE 18121 835-3000 TELECOPIER NO.16121 835-S102 IJOO FIRST DANK PLACE WE5T FEDERAL PRACTICE PARTNERSHIP 120 SOUTH SIATN STREET MINNEAPOLIS. MINNESOr. 55.02 TELEPHONE 16121336-6610 Mr. James Lacina, Secretary/Treasurer Municipal Legislative Commission City of Woodbury Municipal Building 2100 Radio Drive Woodbury, Minnesota 55125 Dear Jim: LARKIN. MCCARTMY, NOEL 6 FALK SUITE u1O 1301 PENNSYLVANIA. N, W. WASHINGTON. 0G 20004 TELEPHONE 12021131-1000 P[rcP +. eccn A. ..v J [.. ON . [we . a. ..ROVLICa Hors 1. I. r.c+cwzlc IOw w[]T O. NOwLIM rrce P.OwNH cHA[L c. J¢. AN D�v [, CVwNN N H.eL A.O V.NLAN .. Tor[ N c Teoo L /w[c MAN lose [. OORLIN JoacPH r..wecN .NOw[w A rI 11. MOCL. JOHN .. COiTL NL[[N M. O.T[p .Noa.a o. M..00NALo IAN.' L HOLT pw Ae LCT H. L .... A. ... T.1.0 A. ROYNWCIL[P 10. R. LA V Cw an LwwlLL OMAN +uw[TICN V L D. AL ... CTT SVs.N A. OVwM1pHT .U..H C. a.PN.s ALAN L..•Leew r[p A. prL AN HAD— M, wILI—SON O•COVHSCL lose.. 0.1.2 L.NN J. I.A[ITON[ I would like to take this opportunity to set forth a Representation Agreement as indicated in a letter you received from Jim Erickson dated February 1, 1984. That letter also contained our initial retainer invoice in the amount of $7,500. Larkin, Hoffman, Daly 5 Lindgren, Ltd., is pleased and honored to undertake representation of the Municipal Legislative Commission (MLC) as special legislative and administrative counsel through June 30, 1984. As you know, the firm has recently commenced work on this undertaking following actions by the Municipal Legislative Commission in late January and early February selecting the firm as special legislative and administrative counsel. The firm will undertake to represent the Municipal Legislative Commission on issues of concern to members of the Municipal Legislative Commission. It is anticipated that the firm will work with several different public bodies with jurisdiction to consider these issues, including the legislature, state government agencies, the Governor's office, the Metropolitan Council and its related metropolitan agencies, and the newly -formed Minnesota Tax Study Commission. Robert G. Renner, Jr., and I have been assigned as attorneys with primary responsibility for this matter. We will call upon the services of other attorneys in the firm who may have expertise or knowledge useful in successfully resolving a particular issue. 119 L.ARHIN, HOFFMAN. DALY & L.INDGRF,N, LTD. Mr. James Lacina February 8, 1984 Page Two At this time, we anticipate that Robert L. Hoffman, James C. Erickson, and Forrest D. (Dick) Nowlin will be actively involved. It is quite likely that other attorneys in the firm will also be involved in this representation. Ms. Deborah J. Grant, a legal assistant, will work closely with the attorneys assigned to this file. The firm will undertake to monitor the activities of state and metropolitan governmental bodies. The firm will act as the spokesman for the Municipal Legislative Commission and its members before state and regional governmental agencies on issues of concern. We will undertake to have adopted the policies and legislation consistent with the goals of the Municipal Legislative Commission. The firm • will provide regular updates, through written reports and meetings, regarding issues of concern to the Municipal Legislative Commission. We will coordinate the presentation of information, testimony, and proposals to various governmental bodies and work closely with members of the Municipal Legislative Commission to develop the information and policies to be presented to the governmental bodies. Other services rendered will include legal analysis and drafting, attendance at meetings of the legislature and other governmental bodies, conferences with legislators, members of the metropolitan agencies, staff, and other appropriate officials. Miscellaneous services will, include telephone conferences, research, and review of documents and policy papers. The Lawyers' Professional Responsibility Board encourages attorneys to fully explain fee arrangements and the scope of representation in order to avoid misunderstandings. Therefore, I would like to address the terms of the representation. The firm is undertaking the representa- tion of the Municipal Legislative Commission, a new body formed under a joint powers agreement entered into by 14 suburban municipalities. In undertaking to represent the Municipal Legislative Commission, the firm does not undertake representation of any of the municipalities who are members of the Commission. As you are aware, the firm has appeared before municipalities on behalf of private clients of the firm. The firm will continue to appear before municipal bodies and agencies who are members of the Municipal Legislative Commission on behalf of private clients. We undertake representation of the Municipal Legislative Commission with the understanding that continued appearances before municipalities who are members of the Municipal Legislative Commission do not present a conflict of interest. As you also know, the firm is active in representing several other clients before the Minnesota Legislature, state agencies, and metropolitan agencies. Should a situation arise where our repre- sentation of another client conflicts with our representation of the 119 LARKIN, HOFFMAN, DALY Lac LINDGREN, LTD. Mr. James Lacina February 8, 1984 Page Three Municipal Legislative Commission, we will contact you immediately. We will then meet with you and the other concerned client to explain the nature of the conflict. Should it be impossible to resolve the conflict to the satisfaction of all parties, we may be required under the Code of Professional Responsibility to withdraw from representation on the conflicting issue. However, we would be able to continue to undertake representation of the Municipal Legislative Commission and other clients on all other issues. The fee for the representation will be a minimum -of $45,000, plus osts and expenses, and a maximum of $60,000, plus costs and xpenses. The Municipal Legislative Commission will receive an invoice for $7,500 for each of the months of January, February, March, April, May, and June. Costs and expenses, not to exceed $500 per month without prior approval, will also be billed on the invoices. All personnel providing services on this matter will record their time which will be billed at a rate of $75 per hour. In July, 1984, the Municipal Legislative Commission will receive a final billing for expenses and total services rendered in excess of the $45,000 total of the regular monthly retainers. The firm guarantees that the additional fees billed in July of 1,984 will not exceed $15,000, regardless of the total services the firm is called upon to render through June 30, 1984. I have enclosed for your information a copy of the firm's policy regarding payment of fees. We are all very excited and honored to have been chosen by the Municipal Legislative Commission for this important task. We all thieving forward to working closely with members of the commission and thieving our objectives and goals. Thank you once again for the confidence you have shown in the firm. Sincerely, Richard A. Forschler, for LARKIN, HOFFMAN, DALY, & LINDGREN, LTD. RAF:ke Enclosure cc: MLC - Operations Committee 1Z (D Ma 2®F ecoIc 3795 PILOT KNOB ROAD. P.O. BOX 21W9 BEA BLOMQUIST EAGAN. MINNESOTA 55121 A1O PHONE: (612) 454$100 THOMAS ELAN JAMES A- SMITH JERRY THOMAS THEODORE WACHTER Cd A Tsmnom. THOMAS HEDGES February 13, 1984 C", Am .eola EUGENE VAN OVERBEKE GR Ou. BEVERLY ALBEE CHAIRPERSON INDEPENDENT SCHOOL DISTRICT #196 ROSEMOUNT MN 55068 Re: Resolution Requesting Information from Independent School District 4196 Dear Beverly: As mayor of the fastest growing city in -the State of Minnesota, I am often contacted by residents of our community who reside in Independent School District #196 concerning when construction will commence for the Eagan High School. Without a doubt, most residents in our community who reside in ISD #196 believe a high school will be constructed in the near future on property which was purchased directly east of Northview Elementary School. The City of Eagan is regarded within the Twin Cities metropolitan area as the most viable community for growth and development in the next several years. Our planning commission and city council meetings are quite lengthy every month due to the number of new* residential plats that are creating lots for further housing unit sites within the City. Most all of that growth will occur in the thousands of acres undeveloped withing ISD #196. Many residents who have asked about the time schedule for the com- pletion of a high school in Eagan have also expressed their satis- faction in the previous attitude of the school board to decentralize high schools within the district by spreading the enrollment to three (3) high schools rather than concentrating a great number of students in one or two high schools. It has been expressed to me that the ability for students at the high school level to achieve in their classwork and to participate in extracurricular activities is more obtainable if the high school is designed for no greater than 2,000 students. j21 THE LONE OAK TREE... THE SYMBOL Of STRENGTH AND GROWTH IN OUR COMMUNITY City of Eagan/Independent School District #196 February 13, -1984 Page Two I certainly feel the school district as well as all cities within ISD #196 must work together to achieve the best long range educa- tional objectives for our present and future students. It is my intention to work with the mayors and community leaders of the other cities and do everything I can to support the continuation of this philosophy in years to come. Therefore, I offer a resolution for your consideration that my citycouncil is aware of but has not had an opportunity to formally adopt. This resolution is objective and asks for the answers to basic questions based on facts from the school administration and our own city administration for future • review by the school board. We must not let our emotions, whether they are related to bigger and better sports objectives, individual school recognition or whatever the case, overshadow the educational philosophy of the school district. Therefore, I submit this resolution and the time of our staff and my personal- effort with other communities to work- on the answers to these basic questions in a, methodical and objective fashion with the hopes that a referendum can be scheduled for the fall of 1984 with the answers to these questions presented to residents within our school district before the referendum. Sincerely, Bea-Blomqui-st •" Mayor BB/hd Enclosure cc: Independent School District #196 Board of Directors Independent School District #196 Superintendent Bill Force Eagan City Administrator Tom Hedges 1 Z2. RESOLUTION WHEREAS, the City of Eagan is the fastest growing city in the State of Minnesota; and WHEREAS, two-thirds (2/3) of the City of Eagan is within the boundaries of Independent School District #196; and WHEREAS, the population of Eagan has grown from 20,700 in 1980 to an estimated 28,800 in 1983; and WHEP.EAS. 983 building permits we.rP issued in the year 1983 and currently more permits were issued in January of 1984 than January • of 1983; and WHEREAS, the Comprehensive Guide Plan for the City of Eagan projects a significant yearly growth in population until the year 2000; and WHEREAS, a task force, which was created by the School Board of ISD #196, has met and determined the need for two (2) additional grade schools and one (1) additional high school; NOW, THEREFORE, BE IT RESOLVED, that the School Board of ISD • #196 is requested to, with the assistance of the administrative staff, research and answer the following questions: 1. Define the number of schools needed in ISD #196; 2. Define the location and definite site of each school de- termined. 3. Define an approximate boundary for the attendance of each school; 4. Define the cost of this issue to the assessable area, not just the grand total but the cost of each item included in the total cost; m'N • • 5. Determine the cost for bussing students along distance. BE IT FURTHER RESOLVED that this information be brought to the voters of ISD #196 and determination for a bond referendum be set for'.September of 1984. Knowledge of this information will be made available to the people of ISD #196 well in advance of such a referendum. •J�/1 �1�2l�C l�LoiZ— / Bea Blomauist Mayor City of Eagan OF 3830 PILOT KNOB ROAD. P.O. BOK 21199 EAGAN, MINNESOTA 55121 PHONE: (612) 45"100 February 10, 1984 MR JOHN GUSTIN 3061 WOODLARK LANE EAGAN 'MN 55121 MR TOM NIkOLAI 1504 RED CEDAR RD. EAGAN MN 55121 BEA BLOMQUIST ,noroi THOMAS EGAN JAMES A SMITH JERRY THOMAS THEODORE WACHTER Cour, N+r $ THOMAS HEDGES Gry A 1'014 EUGENE VAN OVERSEKE al. Owh RE: Sperry Semiconductor Noise Impact On the Timberline Residen- tial NeighborhooU Dear John and Tom: In official action that was taken by the Eagan City Council at a regular meeting held on Tuesday, February 7, 1984, the City Attorney was directed to review a future course of action with the Sperry Corporation if the level of noise emissions are not lowered -to an acceptable noise standard for the Timberline neighborhood by April 1, 1984. The position of the City Attorney regarding the directive to the City Council will be considered at the April 3, 1984, City Council meeting if the noise emission level is not satisfactorily resolved by that date. Later in the City Council meeting I was directed by the City Council to obtain a noise meter from a State agency and direct • a member of the City staff to establish several bench marks between the Sperry and Timberline properties and conduct noise readings. These noise readings will be conducted and recorded at different times, including both daytime and nighttime hours, and under a variety of atmospheric conditions. This information will be available for City Council and public inspection at the April 3, 1984, City Council meeting. Tom, I am returning the original affidavit and exhibits to the affidavit as you requested. On behalf of the City Council, we are hopeful that measures Sperry is taking will resolve the noise emission problems that have been causing grief to the Timberline neighborhood. Any questions you might have about the action course of the City are welcome at any time. Sincerely, ( •as rte" k,;k n � o Thomas L • THE LO1vE bh IREE.Y.THE S MBOL OF SIRE TH AND GROWTH IN OUR COMMUNITY TLH/jj .. b LAW OFFICES $AUGEN AND NIgOLAI, P.A. 1936 MIDWEST PLAZA BUILDING 001 NICOLLET MALL OPPIN 14NAUGEN MINNEAPOLIS. MINNESOTA 36402 THO«A$ J. NIPOLAI (61¢) 339-7461 DOUGLAS I.TSCHIDA February 9, 1984 JAMEs T.NUOLAI Mr. Da d Kelso Minneso a Pollution Control Agency Air Quali and Noise Division 1935 Coun Road B2 Roseville, 55113 Re: Sperry Semiconductor Operations Noise Pollution Dear Mr. Kelso: PATENTS TRADE MARKS COPYRIGHTS • As I explained to you by phone yesterday, Sperry's new factory in Eagan is emitting noise at a high level from its roof -mounted ventilator stacks and this noise is making sleep difficult in our neighborhood. Sperry insists that its emissions are within MPCA guidelines whereas, based upon sound measurements I had taken, its noise emissions are far in excess of the allowable levels. I am enclosing a copy of the strip -chart data taken by Sperry's in-house people back in August 1983. It is the latest data that Sperry has made available. Note that in taking these measurements, the noise sources were turned on, one -at -a -time, and even then are only a'shade below the 50 dBA limit provided by your regulations. The test which it took apparently does not show the combined effect of having all of these noise sources operational simultaneously. Today, 1 learned that when Sperry went out for bids on the sound • abatement equipment, it advised potential bidders that the noise at one exhaust stack was at 104 dB and that existing 300 meters away was 63-75 dB. We find that hard to reconcile with the information Sperry provided to City authorities via the enclosed report. 1 believe you have a copy of the Fulton affidavit which reflects the test results which I undertook to have taken and which shows linear dB readings in the range between 63 and 76 at a point just outside my bedroom window. . Should it later become necessary to bring a lawsuit to abate the public nuisance whichSperryis creating, we believe it could be helpful to have the MPCA monitor the noise emissions and provide a report to the City of Eagan, copies to our homeowner association and to Sperry reflecting your findings. J;�6 Mr. David Kelso February 9, 1984 Page Two Also, since the City of Eagan has shown a reluctance to enforce its own ordinances against.a large corporate employer, if your monitoring reveals violations of the MPCA noise level standards, we would appreciate any assistance which your agency can provide as far as compelling compliance is concerned. 1 and my neighbors stand ready to provide whatever information and assistance may be necessary to conduct the monitoring operations. Sperry is creating a nightmare situation in or neighborhood and we need help immediately. TJN/ljr Enclosure Mr. Thomas Hedges Very truly yours, Thomas J. Nikolai 1504 Red Cedar Road Eagan, MN 55121 Work phone: 339-7461 Home phone: 454-6772 1 a.7 ri L-A • LAW OFFICES HAUGEN AND NIHOLAI. PA. ' I030 MIDWEST PLAZA BUILDING BOI MICOLLET MALL OPPIN M.NAUGEN MINNEAPOLIS. MINNESOTA 55402 TNOMAS J. NIAOLAI (612) 339-1461 DOUGLAS L.TSC"ICA JAMES T. NIKOLAI February 9, 1984 Mr. vdTurcotteSperr irnnductorOperations 3333 PKnob Road Eagan,55122 Dear Mr. Turcotte: PATENTS TRADE MARKS COPTPIGNTS • 1 had hoped by this time to have had the opportunity to meet with you concerning the noise pollution created by Sperry's Semiconductor Factory. Bob Falstad, your Law Department attorney, indicated over a week ago that he would have you call, but apparently he or you felt that this would be unnecessary. Since taking over as Vice President and General Manager of the Semiconductor Operations, I don't know to what extent you have been briefed on the intolerable situation your factory has created as far as your neighbors on the north are concerned or the remedial actions supposedly undertaken in an attempt to cure the problem. Information provided to me today makes it clear that the Sperry people who have been addressing this problem have been acting in bad faith.. Specifically, last summer when the complaints started pouring in, Sperry personnel conducted certain tests along the north property line and concluded, based upon those tests, that the noise emissions were within the Minnesota Pollution Control Agency guidelines. Those tests proved to be incomplete and • inaccurate. Also, as it turns out, Sperry knew that those tests and the representations being made with respect to them were false or misleading. Only after the Eagan City Council passed a resolution' finding Sperry in violation of the applicable zoning ordinance under which it is operating did your people initiate any steps to correct the problem. Way last October, while insisting that it was in compliance with applicable MPCA regulations, it offered to put sound attenuating equipment on all of the noise sources on the roof of your building. It later reneged on that promise as well. lag Mr. David Turcotte February 9, 1984 Page Two Be that as it may, when it went out to obtain bids on an attenuator to be placed on the basement ventilating stack, 1 have been informed that it advised prospective bidders that the noise at the stack was at a level of 104 dB and that the noise level at the property line was 63-65 dB, values far in excess of the MPCA guidelines and far in excess of the data earlier provided to Eagan officials. The Sperry representatives also indicated that a 19 -week lead-time would be needed to design, procure and install the sound abatement equipment. That estimate was made back in mid-October at the time that your people were promising to equip all of the stacks with the attenutors. Subsequently, the Sperry people decided unilaterally that only one attenuator would be needed. It did not revise the lead-time downward in • any fashion, even though the project had been cut way back in scope. On several occasions over the past months 1 called Mr. Michaud and inquired whether the sound abatement equipment procurement was on schedule. He assured me that it was. Then, at the City Council meeting on February 7, he effectively asked for an additional 6 weeks beyond the 19 weeks originally projected. 1 found out today that the contract for obtaining the attenuator was let on February 3, 1984, only two days before the City Council meeting. It was also determined that the cost of the item in question was about $3,000. The six diverters are estimated to cost an additional $500.00 each. Thus, the total cost of the fix planned by Sperry is way less than $10,000. It is almost obscene that a company of your size and stature would subject the neighboring residents to the noise emissions you have when an expenditure of such a nominal amount could have resolved the problem. 1 • think you should require an explanation from the personnel involved as to why this matter has been allowed to drag on as long as it has and why a still further six-week extension of time is needed to complete it. 1 venture to say more has been spent by Sperry on meetings about this problem than on the cost of the noise abatement installation itself. The mendacity exhibited with respect to the testing and decibel readings provided by Sperry to City representatives made it necessary for me to hire a noise expert who undertook to take tests at my home only to verify what Sperry knew all along, Le, that its noise emissions were well above those permitted by the MPGA regulations. 1 think it is only fair that Sperry reimburse me for that outlay. 1-) _Ct Mr. David Turcotte February 9, 1984 Page Three If Sperry is indeed sincere about wishing to be a "good corporate neighbor", then it ought to drop the public -be -damned attitude that it has been exhibiting and take care of its pollution problems. Very truly yours, Thomas J. Nikolai 1504 Red Cedar Road Eagan, -MN 55121 • Work phone: 339-7461 Home phone: 454-6772 TJN/Ijr cc: �iomas Hedges Mayor. Bea Blomquist • 130 Administrative orfices February 8, 1984 Honorable Mayor Bea Blomquist and Eagan City Council Members 3795 Pilot Knob Road Eagan, MN 55122 Minnesota Racing Commission and Metropolitan Council 312 Central Avenue, 11400 300 Metro Square Building Minneapolis, MN 55414 St. Paul, Minnesota 55101 Dear Ladies and Gentlemen: During the past month, there has been much discussion in Mendota • Heights about possible detrimental effects of the proposed Eagan race track facility on residential areas of our community. In particular, residents of the Friendly Hills subdivision, located approximately one mile north of the site, have voiced concern that the race track would lead to undesireable noise and traffic impacts on their neighborhood. At its meeting of February 7, 1984, the Council was presented with a petition signed by 547 persons, expressing their opposition to the racing facility. In response, the City Council passed a motion to notify you that the Council, in support of -the majority of its residents living south of TH 110 and east of Lexington Avenue, cannot support the location of a racing facility in Section 1 of the City of Eagan. It is planned that a Council/resident informational meeting will be held in the City of Mendota Heights in early March to review the Environmental • Impact Statement. Any further Council comments that may emanate from the review and meeting will be forwarded to you for your timely consideration. RGL:madlr Sincerely, Robert G. Lockwood Mayor cc: Friendly Hills Civic Association Dakota County Board of Commissioners Metropolitan Airports Commission Governor Rudy Perpich 131 750 South Plaza Drive • Mendota Heights, Minnesota 55120 • 452-1850 STOLPESTAD BROWN & Sry'yM��_ ^��I�T�H/�� - ASKC TON February 13, 1984 2000 iCor:n Censor ia::er•.. 4z5 wnresc:o s;ree; Soin; Poor!. r/.1rreso:o 55:0;-2171 Tele. 70367 Te!eorx" (5121222-:50 Attorneys or Low Minnesota Racing Commission Suite 400 312 Central Avenue Minneapolis, Minnesota 55414 • Dear Minnesota Racing Commission: p,;mes= S'ao=s�oo f.usse: C ?'pNn Sreoren = Smi:n Vicnoel T McKim Gory L Garaw Xir-S J Ryon Eawura F Fo. Gary Homen Bnroarc S Se!iers Dov -o M Cremcrs Trornas F Suralenarr: 7cwa E r,'orcn Lori Nhese-Poe< Ccr•:- Everney 'e;:rev A Pecmcr fimom: J Graroe Please be informed that the Sunfish Lake City Council, at their regular meeting on February 6, 1984,.expressed their unanimous opposition to the proposed race track in Eagan. At their next City Council meeting, they will consider a resolution formally setting forth their reasons for such opposition. Very truly yours, • Gary Gandrud City Attorney GG/kj 2346-999 cc: Mr. Tom Hedges, Eagan City Manager Mr. Duncan Baird, Mayor of Sunfish Lake 13 k Eagan answers concerns about racetrack location On Feb. 6, the Mendota Heights City Council received a four-page letter from Fagan Administrator Tom Hedges, giving an "initial response" to concerns about a proposed horse -racing track in northeast Eagan" The Mendota Heights council wrote Eagan Jan. 18 at the request of citizens fearful that a track would cause increased noise, traffic, crime and diver- sion of aircraft over Mendota Heights. Below are excerpts from Hedges' letter. On diversion of aircraft: "The City Council has addressed this issue emphat- ically by a resolution that no request for deviation of flight path will be permitted by the City of Fagan ... the developers have agreed with the Metropolitan Air. Ports Commission (MAC) to grant to MAC a so-called air easement, which gives to MAC the right to fly air. craft over the site, together with the right to cause any noise attendant to the ordinary operation of such aircraft The applicant has agreed with MAC that this easement will be executed as a part of its application to the Minnesota Racing Commission. From the point of view of our staff, it is hard to conceive of a more definitive resolution of the matter." On noise from the track itself: "The midpoint of the grandstand is located slightly more than .66 miles due south of the Interstate 494 right-of-way, and separated therefrom by a series of low-lying hills. (The racetrack is to be built into a natural bowl between a series of bills.) It is the opin- ion of our consultants that it is extremely unlikely that an individual standing on the south border of the 494 right-of-way will be either able to see (at night) or hear the racetrack ... and that it is inconceivable there will be a noise impact from the track on resi- dents living more than a half mile north of the 494 right-of-way." On increased traffic on Dodd Road (Highway 149) and Delaware Avenue: "Local roads are expected to experience only minor increases in traffic. Trunk Highway 149 north of In- terstate 494 will experience a 5 percent increase in traffic directly attributable to the racetrack ... Dela- ware Avenue will have a 7% percent increase in traf- fic as a result of the racetrack." On increased crime: "Che Minnesota Jockey Club will be required to hire its own security force consisting of fully trained and certified warrant officers and fire safety person-' nel ... The Eagan Police and Fire Departments con-: ducted extensive research on these subjects. Their opinions, as reported to the Eagan City Council, are that there does not appear to be an increased demand for fire service from a racetrack, and there does not appear to be an increased demand on public safety Officers, with the possible exception of traffic control, which will be handled by uniformed, off-duty officers paid by the racing facility. There appears to be a very modest amount of peripheral crime, at or below the level that would be expected in a regional shopping center.' .. On the representation of Mendota Heights' inter- ests in the environmental impact statement done on the site, expected this month "Please be assured that the analysis of the impacts associated with the proposed land use development (which includes the racetrack) is not at all limited to the political jurisdiction of Eagan, but rather includes the entire subregion (including Mendota Heights, Sun- fish lake and Inver Grove Heights)." 133 • • ST PAUL. pisfDr\i cµ F-Ee rs -Ry --Y Y QTY• •e4t'!LaV L -Y I. LJ vet' s7 Viet •i r... �� 3 (r;� /[- i t. A !r �.I.in. i t ' a 4 ;t a ~tet MENDOTA HEIGIrrS residents from the Friend) lii0s area turned en In (nae al tithe �j 9 Wopmed Eagan Mmd la The ora was and et t e ammem Irak • emecB rat Fee.7 atuaata iclpts N the comets meeargmmins. rats vhharenn.%be Photo by Job. aleodma Heyau war sgalmethe Eagan raeesrack peapmW. marked to conaail wUh8 urate Contemn 347 Commie. from Naramt, app, b Paco py Job W'sdeD. i presented rats tamcil Mira • peehba tavWolvg Sir dyatares from readcsa apposed � i u MH residents spur .council: to oppose Eagan racetrack By JOIN WADEIJ, a Staff NHty 'wonting rdaamshiD between the two cities. the effects lie parse acting facility NOISE ALSO SHOULD rat be a The Mredma Medd huts m de sunmma ng arts. cid receive a rano- page factor, a - arelnckt�a sl Hedge. The m Was In Heights City Cencit .• nim PennoN, and the la large letter page letter Irom Eagan City a plural boal.�� Hedges, . passed a resdutlim an Feb, 7 cppming the proPmed bona racetrack elle In gathering d residents In Mendota Heights for the s[aond meeting in two Adminblasar names H which o it is unlikely that residents SVM be able Eagm petition i M residents mmUn proved to prong a force for the council to igrora - respoeded to the concerns d the ciltrmu stated in the Mende Heights' la see or her One truck from Ii31. Eagan has also paved a resdutim from the southern portion d the cit war enough to nay ammtn members ' The residents art aski us � to sit passively and indiate our approval tett,. City Admi mtntor Kevin Farrell ebHrg cut the city will of recium any ch.7ugp in aircran Ingbl path to revere their stand taken at a previous cmmdl meeting and to of the racetrack by ora doing anything;' Councilman prepared a synopsis d Hedge' felt,, which he read to the residents at the over the racetrack. which was are, of the major cmwam at the Mendota cap pose mn e ee track. Charles Menwoita mid. "I've received main Mendota Heights ousted meeting An Feb. 7. Heigh . . Heights residents. . . Thb was the second meant og this nib again this week an One ncelradt Hedges' p -com. year dui residents fano the FHeWy HHIs residentW Arm rifled the city's and I've never received a aH In suppwl of iL We have a impassibility . - Pletal�uIMMU a cram tar mare problem with lard use In The Mimmea Racing Ci mmisstm is planeing to choose a racetrack sue otnad dumber Is espre a their lame people toms support she bade Mendon Heights thin the meeeock by March 29 Eagan will be holding a appmilim topL7m to build a r#cMek site in Eagan. ofthe racetrack" -W. Interstate fie win be located pablo hearing on Its Environmental 's The mimcd's motion to oppose Ito between the racetrack and the Impact Study on March a, with Eaganproposed racetrack facility is our, of seven site stip being coo- acetrock site in Eagan paved by a}I vote. with Councilwoman 1Jz Win Friendly Hills area in Mendota Heights. Figao's p!om far a ai.aa deadline for. submllOag ammemm thepaposal net for MaMb 22. sidered by Ih Muaema Racing Commission for the state's riminnate ahtsining. Voting againt she motlm was CWKdmn John Hartmann. ptetrack and a 193 acre commercial am Aroud [be tack Medd take The aler�Nta Heights council phos 10 hold its don "m baring during - acing lark. The Eagan site is haled coelun mile from the Friendly Hens Hartmann said the council was attempting W --ten another governing rap tee room than H a shopping not, vita located there. Hedge tad, teMeekdalarm Stonflo. concerned residents to state their oppmtimn to c, area, and relents thea an can. body what they no da with Heir The Eagan later stated that public the Eagan racetrack proposal. COW d that the trod would result In Increased nb a traffic, crime and tsnd" Will apparenly abstained from the MM on the minim because She u safety shnld out he a concern for the Mendota Heights' residents since the Indentation gathered at the meeting in Meadow Hdghu would then be sin to rezoning problem In Mendota Heights. -I emPbyed by the city of Eagan As racetrack will provide its own fire Eagan 1 On Jan. 17. the Mendota Heights a result of One Jan 17 meeting with the Friendly Hab residents, to s,ehe and security lone. Traffic amid win be provided by dfdaty The Meedma Heights public hearing my be held in the Sommset School residents urged the city rnnrcd b officially oppose 1110 balim d Ib coumtl sal a Int, "pressing the the rarnnck pancm e, paid by the acicg fa quy. Most of the traffic Inc ase crested auddorium.to handle the expected cm- of Concerned citizen. Each racetrack in Eagan. At that meeting, aunty members mid they would not b Eagan, she Mimesmn Hacmg Commission, the Metropolitan Ab. by the lacililY win be on, 1-471 and Highway $d, seeming to theEwn time the r'ceu9ck tpx has been bratgfli up at a day catmcil me"Im ta make a belt deasha to oppose sacb mi parts Commow the Metropolitan levge littler. Hedamlcipate aa a thea have( been al+nddl8.rmm®l7 an important Project by their mutbemly oetghtim, Eagan. Council Coraco and the Dakota Courtly Bord of Cammkaiaaa. percent increase in traffic on Dodd "w'de- t� . The membra mid official oppmulm to !land and a 7y m per, imam, of vehicle using Delaware Avrme in Mesita Hegibi city cvmeD will Dnaha its phos Ira the public Eaeans proposed meetrack sic by Mendota Hngtlts coot injure 111e EAGAN HAS BEEN preparing nn Environmental Impact Statement M,Acta Heights it the track is eco- boring m the Eagan aeettack site on . swcted- proposal at n Feb. 21 meeting Decision on track site's tiU pending By DORIS KELLEHER The proposal of a race track at Eagan could be a case of ..much ado about nothing", according to Frank Svoboda of BRW Planners who have done the EAW (Environmental Assessment Worksheet) and the seeping y Club site development Proposion foral and are woe Laukkaa k ng oneek the EIS (Ennnesota vironmental Impact Statement). Svoboda said although Eagan is a strong contender. Blaine and Shakopee also have already gone through the EAW and other preparations and are now working on the EIS. And, Woodbury and Savage are beginning the necessary process. Svoboda said that although certain aspects will not be addressed in the EIS, they are looking at housing projections, public services and the existing zoning in the surrounding communities. His firm is track which will include reinvolved etailshops, loff ice show opment ofroomsite � and than 'office space. The track is proposed on 739 acres. Included within the track development will bea grandstand with initial seatingcapacity for 7,500 Persons and full development seating for 15.000. Grandstand parking would include 9,100 regular parking spaces with an additional 3,630 spaces to accommodate overflow parking. Other facilities developed in conjunction with the race track will include a combination administration/cafeteria building, receiving barn for incoming horses, water stations, stables, maintenance yard, exercise area and equipment building. The track Itself would be one to 1.25 miles in length with 6.5 furlong chutes situated on the northwest and southeast ends of the oval track. I Anticipated canstructlon costs are $ly million. : -C -- : r - u If the Eagan site is chosen by the Minnesota Racing Commission as the one to be developed as a race track n the Twin Cities Metro area, construction would begin n 1989 with a scheduled completion date of summer 1985, Svoboda said. The racing season would extend frotA June 15 through Sept. 15 with the events scheduled to take place five days of the week, normally Wednesday through Sunday. I3s • S'v.y JDAP E 2 C'ee /s- FY • • -Council opposes racing in! Eagan than BoFriedl Hills residents, the m filled again with mom near the track. - said he is nes opposed to the cL7HY Onto TH 149 and Delaware Avenue. Hedges said traffic fore. "W We now lave to tell Eagan we Mendota Heights caunil took til- ficial anion Feb. 7 a oppose the MHe development of the ole. but op- posed if such development cases are baud on W metro area Cannot wppart the Mack. Then we 1 win be representing Our comd. building Of a race track in Fagan. The motion sated the city staff affect, to eomfort of living for Mendota Heights residents. regional population. Most trips to and from the site are 1 stents. 1 Punk W residents are asking us to officially slow we are -as W "notify the city of Eagan. the Mituesoa Racing Cummimma Those in the room applauded expected W be on TH 54 and 1494. local rands are expected to ex- nes supporting it Iockurad then asked those at the nd the Metro Council Wt Mendota fallowing the reading of loskaan'a letter. ped,ace Only minor increases N meeting H dneY waned Lkc W have Heights is supporting the majority Of residents living south of Highway Cummim continued saying there traffic. he said. Nota. including both anticipated '- Or information meeting regarding W race track, and received an Ito N opposite, to the racing facil. tY have been new developments an the race track. He said the racing mini generation of the crowds and public address system at the ate enlhuxiagle"yes " He said the dale and tine proposed at the Eagan site. 'TM context cannot support the rommisaen has adopted a schedule of proceedings and thongs will move and the pOeMbifity that aircraft will be dlveried northerly of the existing will be set and Published by the Feb. 11 meeting. location of the rase track in Section 1 in W cit of Ea Y can:' the melee quickly. OnMarch 1 therewill be r,gneas flight corridor to avoid conflict wird track operotiom was another I The leacr said the mmneilmvt had mmermu calls regarding the played by theclty of Eagan and said she has an obvious conflict said. The vote passed with courcit be In IV for siting by developer. public hearings wdi be conducted March con. cem that Hedges addressed. He said the grandstand is located I Oven cotton if the trek would be a mise generator and it traffic world mem n 4d abstaining and John Hartmann voung'•naY.' Mill and W franchy i, to be awarded Manch ha, slightly mare than 66 miles due The anion apparently was what W tesideots waned the council Cummins indicated this B trade. south of the 441 right-of-way and separated by a series of low lying W quare time to do all that might have hilts, do at its Jan. 17 tneeling. according to be time legally. Ile said the The Mark M to be built Imo a to Ruth and Gu, Hipp who five in Friendly Hili,. toner ted rOM&MIs have secured natural bowl between a sepia Of But at that meeting. the council petition in opposition to the race track in Eagan with Sf7 signatures hots It is unlikely that On individual sanding On the grunt border of Mie directed a Inter to Eagan inform. Ing the mayor and council of the W date and wdi continuemnrcvlate W petition. rightot-waY will be either able to residerots' eonncem. "Al "Many people are not aware the see at night) or hear the track noises. last they finally did some. thing the People want:'Hipp sodat track is proposed to be so close In Mmdaa Heights. -Commit, Consultants believe It Is Inco, - W meeting break. sand. He conumed by saying many ceivable there wdi be noise impact from tho track on rade," living Attorney Carl Cummins asked that a letter from council member residents were loncemcd with statements madein thedailymvvS. more than a hall mile north Of W right-of-way. Jim losleben be rend. It had been set when Losleben was absent paper which were attributed W council member La Win. As W the possible diversion of the from the cariier meeting. He further -,-Nd that WW is em- existing flight corridor W avoid conflict with track ope. tiom, The leacr said the mmneilmvt had mmermu calls regarding the played by theclty of Eagan and said she has an obvious conflict Hedges said the Eagan city council track in Eagan and Wdicated his of in- tens. (See accompanying stories las addressed this by resolution Wt ro sc9uest for deviation of Oven cotton if the trek would be a mise generator and it traffic world far resyoue W charges). Cummins asked that Wilt flight path wit be permitted DY the focr an 16. He also wondered it public address carryover would withdraw emrnt any anon taken on the trach and asked the cruncd sty of Eagan. This has been reinforced by ac - add W noise and if aircraft would be diverted over W residential W consider the propriety of her sitting lion of the developers who have agreedwththeMeugolianAlr- area. Losleben also expressed concern, es on the council an the hone prior W Feb, 7, m action had ports Commission (MAC) W grant . a so, -ailed air •+••m-�e In the letter Over whether or not the nuncB will be able W maintain been taken by the council except W direct staff W send a letter W Fagan which gives MAC the right W fly nucraft caning W the and bordering the city mncil and mayor regarding con. Over the site. Hedges further assured Mendota , tenuof Mendota Heights residents. Heights that all W corgersts ex. ' CLmmnm Nen entered W ne- pressed will be properly addressed celµ of the petition to amcity clerk. to the Environmental Impact Mayor Bob Lockwood introduced Statement(EM- newcity administrator Kevin Froall and tamed the meeting Cunncll member Chuck Mertensetur said with over 500 over W him W read a Inter received f Eagan administrator Tom nome, an the petition and with rte I Ho second appearance of W residents Hedges wrote in regard W tie meting, shows "Lin are opposedd to t eMack and _ ' mairung of and uses between Friendly Ht" and the track. "any weaholdoptm backmthoughwe. retuning of and oxides the city appmveu-. JHg CondorIkni"muAppdeterm,lacdbyyoM- m President tien preddmt lama gOge and Mendota Heights' farmer -tNva nom.^"' -"—^ •-I^, Regart ing public safety invrly- Ing s t) Al / y Eu j..c+ �� A IJ E(v City manager Orvil Johnson, the additional need for fire and peva in from of a piece of Police INW-Mu n• as "If as the LkW=d of Increased in I t� rJ _8� heavy equipment during crime r gmundbroaking far Lexington areas Surrounding the faculty, Hedges said The Minnescea Jockey I Heights. The293 unitcemplea Club will have is our, swurityl,m, consists of three buildings of fully trained and certified war - with one and ewer bedroom rant officers and fire safety per - rental units. In addition then Sonml. will be underground parking There xertts bbea very modest and tennis eeurts. The new srtlrtmt al peripheral rima m ar coenples is latwod six blacks , ' IevN Wt wogild be a- sounhenLexington Avenue off Peeled In aregional shopping oro- 1 Highwoy 110. ed DON. V As W diversion of traffic. esce-� Proposed site in Eagan: 'Race track plan. spurs By DORIS KELLEHER The three areas most affected by a race track in Eagan would be the city of Eagan itself, Mendota Heights, Sunfish lake and Inver Grove Heights. Mayor Bill Saed of Inver Grove Heights, indicated his city council has continousiy-supported the pro- posal of a racetrack in Eagan. "in fact we hoped to see it in the city of Inver Grove Heights but we had no appropriate site," Sued said. He said he can see there will be many benefits from the track such as auxiliary businesses springing up around it which will provide additional employment. "it will be a boon to Eagan and some of it is bound to spill over into Inver Grove Heights." the mayor said. Sunfish lake mayor Duncan Baird said he and his residents are ..very upset." "We are planning to have a reso- lution passed at the next council meeting opposing the track in Eagan. It violates all the plans for northern Dakota County which was to be a prime residential area. You don't have this with a race track WEST- S` PgL\L ngxt door." He indicated his city's citizens are "tired of going to the mat but we have an impeccable record for being implacable in resistance." He said the city was "hurt about losing the highway suit" but went as far as they could with it—to the "Supreme Court". "We now feel battered with air- planes, race track and the proposed highway," Baird said. He indicated that 62 percent of the planes go over Sunfish Lake and although they have tried to operate through the noise abatement coun- cil they have had no luck. "I am not sure what we will do publicly or privately regarding the track," Baird said. "We were not included in the EAW neither was Mendota Heights." He said the city has requested they be included in the EIS. "if we are not included there is one possi- bility we could go to court and ask all operations be suspended until we are included." Mendota Heights mayor Bob Lockwood said his official opinion was stated in the letter sent to the Eagan mayor and council following the Jan. 17 meeting when Friendly i MCribc7-A HEIGHTS 5 uN �EB /J'ay Hills residents attended the council meeting opposing the track at Eagan. The letter stated that about 9g people living in several neighbor- hoods located near the city's south- ern boundary attended the council meeting concerned about the pro- posed race track. . 'These residents asked the coun- cil to take action to oppose the track but the council declined after due deliberation and instead voted that you be advised of the issues that do pose a concern for both residents and council members," the letter continued. The areas of concern are: rezon- ing or pressure for changing land issues between Friendly Hills and the proposed track: public safety— the need for additional police and fire protection as well as increased crime in the area surrounding the track: diversion of traffic especially onto trunk highway 49 and Dela- ware: noise -anticipated noise of crow ds and public address sys- tems, at the site and the possibility Race track Race track From cage 1 that air traffic will be diverted northerly of the existing Bight cor- ridor to avoid contact with track operations. It was acknowledged the EIS would address some of these con- cerns, the letter stated, as related to the site in Eagan. But residents concerned if the EIS addresses these concerns as they affect the area beyond the Eagan limits. . It was specifically requested the EIS contain the appropriate in- formation addressing the above is- sues as they affect Mendota Heights and the immediate area, the letter continued. Although the council declined to go on record as opposing the pro- posed track the council members are obviously concerned with the above issues as well as other mat- ters that affect the relationship of the two local governments, the let- ter ended. 137 • a° u11 fil -1111 � f $�g� 4m; if.€jig � € €� pp y�$Q ° sig �ayy pyy na{ L Fi""a�9aEsE"?u�69 �6piala U) W LM `•J 32 e u e L Fm e�m9 S_9`n i 3CT9 9a a: 17 O°S ��7�nS� SE��� a. i s E7. o xn L� 9 EEo Hl �NA Till ;Ji Im�� Mendota' Heights gays nay ®taciC locati®n in,.; -'E ban` By Beth Gauper , . The council had been asked to Staff Writer oppose the site. at its previous meeting. It had refused to take a A resolute crowd of Mendota position until it could see the envi- Heights residents got its wish last ronmental impact statement now week, as the Mendota Heights City in draft form. The council did send Council agreed to formally oppose a letter to the Fagan City Council a proposed horse -racing track in expressing the residents' concerns Fagan. about traffic, noise and safety. A Confronted by the crowd and a five-page response arrived from petition signed by 7 percent of the Administrator Tom Hedges on the city's population, the council voted day of last week'smeeting.opait little But the 3.1 to send letters registering its council appeared to pay opposition to the track to Eagan. heed. the Metropolitan Council and the "Five hundred people are telling Minnesota Racing Commission, us they're against it, and we've got which hopes to choose a track site to reflect the thoughts of these peo- by the end of March. Councilwom- ple," said Councilman Charles an Liz Witt abstained from voting. Please see Race/2SW ® Continued from Page 1 S Mertensotto. "I've received many dozens of calls against it, and not one for it." Councilman Jim I.osleben said he thought the track would disrupt life in Mendota Heights, whose southern border is one-half mil-_ from the proposed tracs,,, "In the community we have now we quiet down at the end of the week," he said. "A racetrack on that location is going to dramati- cally change the weekend appear- ance of Mendota Heights." Mayor Robert Lockwood also voted to op- pose the track. Councilman John Hartmann said he did not think the evidence showed the track would be a nui- sance. He voted against the resolu. tion. . "The interesting thing I find here is that the individual members and the mayor who voted for it just happen to be up for reelection," he said later. "I also find it strange that Charlie Mertensotto spoke be- fore against the advisability of a resolution, and then makes a mo- tion for the resolution. The viewpoints of those people werere- flected, in the letter we sent to Fagan." - Witt also said later that she is ronvinced the track would not be a nuisance, but that she had ab- stained because she "really didn't want to stir up the pot anymore." Witt, who -is deputywas accused clerkclerk of Heights resident Carl W. CummMendoins III of having a conflict of interest, Mendota Heights attorney Sher- man Winthrop said he did not know if Witt would have had a conflict of interest had she voted. According to Cummins, who spoke on behalf of the petitioners, immediate opposition by Mendota! Heights is necessary because the time allotted between public hear- ings on proposed track sites and the selection of a site is too short for effective opposition. Under the schedule set by the Minnesota Rac- ing Commissions, applications would be due March 1, hearings would be held the week of March 12, and a decision would be made March 28. Mendota Heights residents, Cummins said, will continue to col- lect signatures on their petition. "We're continually Finding peo- ple who are not aware it's so close to our border, they still believe it's in 'distant Eagan,"' he said. "We believe weLre performing a valu- able service by presenting the facts of the case." S/ PvUI, Dr5 p/VTCJ-/ 11 • • • Sunfish Lake protests racetrack proposal in Eagan see any reason why people would be roaming around on local. streets." Still, Baird said, the track would threaten the existence of his care- fully arrfully planned town. One of the things that's hard for people to realize is our budget over the years has ranged from $70,000 to $90,000 a year, and 25 percent of that we spend on planning," Baird said. "We paid for and filed a com- prehensive plan, having said this is how we're going to be, and it's ac- cepted rcepted by the Metropolitan Coun- cil. Theo we get this kind of thing. We don't have all the resources in the world, we're trying to do the best we can, and here comes some- body sticking a torpedo in it. We Writ $35,000 for nothing, and it's not funny " - .. If the track goes in, saK will go fish Lake Property down, people will move out collections will decrease, and S fish Lake will become a "w "I understand this is the only site' opposed by two city councils,"I Baird said. "That ought to weigh for something." (1 By Beth Gauper Staff Writer Tiny Sunfish Lake, long frustrat- ed in its fight against Interstate 494, has entered a new fray on its southwest frontier. The Sunfish Lake Council voted 4-0 last week against the proposed horseracing track site in north- west Eagan, becoming the first city council to formally oppose one of the eight proposed track sites. 'Sunfish Lake was joined a day lat- er by Mendota Heights, In which the council, by a vote of 3=1 with one abstention, decided to register its opposition to the Eagan site. Sunfish Lake Mayor Duncan Baird said he had known as early as last summer that the site was nearby, but did nothing until he heard Mendota Heights residents bad mobilized against it. Eagan, he said, "is a very large community with a lot of muscle." I'd been very concerned about lt,".-Baird said. "Suddenly it oc- curred rBurred to me'l wasn't alone any- -more." ' Despite his concem, Baird did not attend any of the public hear- ings held in Eagan on rezoning and financing for the track. "I muffed the ball," he said. A racetrack, Baird said, would have "a terribly adverse impact" on Sunfish Lake, a 1% -Square - mile, semi -rural community of ex- pensive homes at Eagan's north- east tip. "This whole area is designed to be a high-class bedroom area, and to put a racetrack in the middle of it is bad news," he said. "Generally you get a bunch of things that are not desirable. When you live in an area like this and people are flock- ing all over, the results are inevita- ble. They'll be poking down our driveways, picnicking on our lawns, and throwing garbage around. Do we want a whorehouse across the street?" Sunfish Lake will be separated from Eagan by 1494 and from the site itself by one-half mile, but cars will still have access from Dela- . ware Avenue and South Robert. 'However, says MnDOT traffic en- � . eer Michael Robinson, "With a freeway system like that I don't' 1+6 i5 (-.,u� F'Ea Is- Sti Race track decision likely by mid-April By Robert Whereatt Staff writer The decision on who will build and operate Minnesota's first parimutuel horse racing track Is expected to be made by cold -April. the Chairman Ray Eliot of the Minnesota Racing OnUnIsslon said Tuesday. Though there are eight prospective groups with sites vying for the It - cease that will be Laved for a track In the seven -county metropolitan area. Eliot said he believes only four or five applications for the license will be submitted to the commission, Some could drop out of the competi- tion because they cannot meet dead- lines or because the application process is so expensive. The nine -member commission adopt- ed rules yesterday that will be used to decide which group gets the IM cense. The deadline for applications is 5 p.m., March 1, "I expect them all (to be submitted) l at quarter to five on March I," Eliot said. "It probably is going to take us 45 days to go through them (after the deadline)," Eliot said. "I think we -can arrive at a decision Inside of 45 days." Eliot. also said that the hack could open 14 or 15 months atter the It - cease Is Issued. That would put the opening date In June or July of 1985. The chairman has said that it would "take a miracle" to open a track In 1985. He said yesterday that a mlr. axle still may be needed Thereare three or four other obsta- cles that could prevent a 1985 inau. gural, said Eliot, including a possible protest from a.group In Eagan. He said there Is concern that an Eagan site could move aircraft flights over residential areas. Here are the eight sites .in which) developers have expressed Interest. according to Eliot: Blaine, Fagan, 'Farmington, Una IakesCenlerville, Shakopee, Savage, Woodbury and The commission also; incorporated Into its rules a provision that re- quires the group that wins the ll. cense to agree with labor unions to a no -strike. no -walkout contract. 141 • • • • April racetrack selection is seen By George Baran Staff Writer Ray Eliot, Minnesota Racing Commission chairman, predicted Tuesday that the racetrack to serve the Twin Cities area will be selected in April and could run its first horse races by July 1985. Eliot said his optimistic timeta- ble assumes that no lawsuits Will be filed to challenge the commis- sion's licensing process. Track li- cense applications must be submit- ted to the commission by Marro 1. Eight suburban sites in Dakota, Washington, Anoka and Scott coun- ties have been proposed for the $50 million track. The commission ex- pects to get formal license applica- tions for six oro re of the sites. The contenders include Fagan, Farmington, Hastings, Woodbury, Blaine, Lino Lakes -Centerville, Shakopee and Savage. Track construction would be de- layed in event a lawsuit challenges the licensing process or someone petitions the Metropolitan Council to determine whether the track has metropolitan significance, requir- ing more reviews. The commiecion removed anoth- er potential problem by approving a policy banning strikes and lock- outs during construction of the fa - Under the policy, a track devel- oper would have to agree with the state AFL CIO building trades council on no strikes or lockouts. Please,see Track/2C Track.;:. -- ® Continued from Page t C The policy was proposed by Commissioner Dan Gustafson, Golden V211ey, secretary -treasurer of the state AFL-CIO. Fifty rules governing the track license process received final ap- proval by the commission after mi- nor modifications were made at the suggestion of state bearing ex- aminers. The commission also received a county fair racing request from the Traverse County Racing Commis- sion based in Wheaton. James Schoenrock, chairman of the.group, said that the fair would like to have five days of thorough- bred and quarterhorse races begin - Ding next year. He said the group is ready to spend $50,000 to upgrade its horse barns and track for pari- mutuel racing. Eliot advised the group that it may have to spend more money Ulan that to provide secure stables, I fencing and proper betting facili- ties. The commission intends to li- cense county fair races after the Twin Cities track license is issued_ , 142. /1_ ,cT/ZCP0 LI�t—AlU lie, Z -An( t8 -eq T W t Fast-track financing r Should communities agree to race- track developers' bond. schemes?; 'r he Nly d Fagan est remth approved apptea- Clem praeeted by thc Mlnoaaa Jockey Clab I6r fa {6 industrial In lr laremenl Ilmrcing and Ie, Mtilm ai lodmtrUl revenues mem W help nitBe •proposed Class A parieto el ram track. fits Cellon IotowN aevml months of review by We Advisors Planning Colnmi�a0. the Finance Culmdl- Uc, wNcb U a fact -raiding Committee W the Cape Gty Council. ad the City CmuU u a whole. The Iamb Involved an purchased by Dayton Hadm Corp. and meed la a apdantplm regional Chopping center more than 15 yeah ago. The meter was am built and. as a result, the property wed sold. The site am me of them flulUU lar the darned vadmn five yam ago The F1gan Comprehensive Guide Plan. Eased an eaillllg coning W plans. has metimed W nerve the aid fa ee[lanal y algal 1. eget roes The city's aWlty, and stmt plan abo reflect Wes' prop a and the the ill Is gemta l eo long. er me and the ass. be U very nlgge f with devetapmmt a., 1 betien ,, ppvvppeenny tnay never develop u pinged wllhml Rends eaulyaL •The Advtmry Ph," Cormahslm held several public hearings W consider the iming and dewlap mint N We rue wn proposal and apprwN the project. fie City Cometi, after several mating. trtenuned the tacitly ba good and compatible an d the led d benefit to the Nllams. The Finance Committee was hwtemled M eddy, will report me We flaming proposals- The roposalsThe Finance Cmonduae Inds the same criteria in aemidng this proposal that an ured fa other I. arcing assistance repasts, ask.g: U the financing permitted? U it necessary for a viable project} Is the city properly proactd U We limning Is approved? To bran complete ableNvity, the city hired an b dependent bond clamed sued rrmmial tensal m W M Mew [be proposed financing. The Finance Committee Ind that the leglslalrt. In pastfigtam m abling a racing (=Bit. envisioned a Ia manu4 pal limning aedstima A legball" himgsnvin Wn othat ml` us Inaeemem financing ad idustri- d revenue, be (IRBs) wn crwuWered necessary. Testimony metals the legislative intent was U re, tun w nun a possible W the beWog pubHe The lops' trim ,tea cont it" are king the erMinmesul Ree city U Quin W alter the Us subsidy, asked. R'by, IN NYara- Anvog roditiom ere • Mtn d eremt fm 75 PRO: precast d the taUl del eerake m the hod Inde ad Il6aart lineal dismr4 av tadeershpolaa nganeelncl WWaaIthelrtird CON: U "Isnot' aey " That U W ba al, ' 7M the It does sal henb the Nty'glva" the me�dtae Waremmlllmrclg ester Coll GIY Camay. meml Me rocs the Flmnce g Mth Cal ewM r imed. ..Pugh a mousy. "NT" Although the mmpning db all Clam similar aG 'anlage al net Cpm spam with peatlreenyarv� and Darby utilltin ai plazaeach ievelpce u aaalg �� I the local)bent city for a public subsidy.James U this another rare d as aid" David D. Schaaf SmithWhyla Y ask- thrttm to Rewe W SmU Dakota II we dml "ands up"7 Schaal. a member of theMinnesota la a Remember at lone Eagen Ub'iomly mL H, as the spamws Naim, A rate U o sure thing then It will be baDl R®ewbm l moor. ft. 187280Ildth lepreeentin led Fridley area dUty r Council Cad cash of itsIrak Finamm CO?Jallae, p/bmeseLL amha Cowry, N oo. a reel "late Was.. Why then ter Deed Ind a p"c subsidy? Each of We blind m hands would be the city's direct oligalm Uen drvelopm goes W the rvurdl Of the beat city daglg In an way liable W the Winston. MIT Rely miximme . Ilnmenl Nymenl were set smile, in addition W We We tame lmrc: mw, tomlronlR lane. hsreaad Ma bas11 benefits r.. -s.e 1-1 lama es, – h We developer. rneaL The legislative prokcti®ot B.ma people per day, each betWWaa (100. world pvdoce .daily racing •handle' d 6800,000. leaded la the 17 percent M U paid u wlnnbW U 1.78 percent authorized la debt retirement. The retire 4.75 permmL with a 60 day nes ! leg seams, would be 11l'edf I W retire the debt an the r 68g mWai, In Qib Claw The Minnesota Jockey Club Uc.% wel4axambd proposal will need 638 suntan for construction and satrap of a Mlrlass track. Of the 612 mWlm need - ad ta make cp the dllutmm, ball will cane Inns egWly aivestrrcnt by TWO Gtim ane citizens and W. dm W eanaolve development cava. from Us in, 1. ^^^r ^I tainfinn} A Ilrilrlaa facility would W0e family or rmlislltally possible without all Urea hh g�rreeddlImit — Imesim eguity.IRI. at their sagmly What Men, rata ad Res =1 financing. I Tem Is he roil a oMlga�11m, should fhe an la payers U the $2 I7 Mllun 1 • key ray. The t6 adUlom in sea Unmeant financing leve a ngmrod ffaaI dupantlo can ben. e. s ala ml the son. A dealopment agrerurcm will Ialde amnrcn E7ger W be awarded ft bumble of goodie, can Lin,t the projm weal Ilaarclat/ dleet Fagan tea' city U Quin W alter the Us subsidy, asked. R'by, IN NYara- Anvog roditiom ere • Mtn d eremt fm 75 ask agalo la Were then d twat remail w cities precast d the taUl del eerake m the hod Inde ad Il6aart lineal dismr4 su willing W give cash W private developers? the pnfmt'a cmtntadlm of al lies Rema of she de Wind gmnoteo ad rises epee U "Isnot' aey " That U W ba al, ' 7M the It does sal henb the Nty'glva" the me�dtae Waremmlllmrclg ester Coll GIY Camay. meml Me rocs the Flmnce g Mth Cal ewM r imed. ..Pugh a mousy. "NT" The City Gnrcil had many nasem Me ayp—Los the final resalullm report lann potire aed fire da- mnrmnts showine W11e Or m imrrM admmte limo - track: the pruspect of attracting other aealopmmC Ur revenwe aumated at 11.8 miWm a year at the ed o1 the hand period; pate law allowing 10 cent per Mmlalm W We Ictal atTTeehamed tmwmwllp Iden illy ad creation d 1.7D,0 IW and pan time km. many Mal la err young people In the summa. I believe a llrsl<Ua suaesiful race tack of which we can be justifiably prod raid Ret be built ad op mud without the municipal flamcing assUtma, W forth byear IeglvaMre flew m, Yat ask- Here came the trick part. Watch closely and see H you can tell whin shell the pts b oder. Thera are at Inst low oupr lona of public subRb dy a city cam make available OR a develops industrial cr reveal bads IIRBI and Us Inmeem Maint. You've heard N Unfree bmda? That mom a par- ser who Invests in an IRB pays no SUM or indent tae an the lateral his Invesllfenl yields thereby creating a lea in Ua revenues The Lnublure bas mile hila available for almen any project, Incladlg a rate track. Technically, a city comrll paves a resolution W Lima the Ings with lobe prmNs gulag M We develop a. This anion Collin the Ur<aempt &talus. Should the project go belly op, however. the city Is &'rlpUq Clone fscbV to yAmesots offers m me bels N falendng and Andre. AS you can see, m city rnmey hes been given W the developer la which a city camtll member aught ban m ame a to a voter. And Owe m legislature a aeinba of Congress has W vane an, Appraprlausim, reap again an vo en W wary abmL Slits Isn't Il? hakes yea wrier why any mm de, set"" would leek to private lu cing with this source of low.atertn merry AntatiLL The second public subsidy Cod available U evm Inn ingenuous. Tu traee nen. Maine ng otton when a city anally farmers agcy by Issuing a bond ad mem the promeds in any her of war to help a developer linarlte a Pmlrcl Udu UK airrta ant financing tiw property las dol- men paid W tbO City. mwunly and ac dwUin arc (roan W the project aro prior tadentapmmt In the ran of a am Iran U would be the rele mal Man paid m a imam parcel al raw, admprund Lad . Dae the pnjeai Is tompined. We amaml d prop- My %PMy Us doWm generated Will Increase —w—WHY slue the Us rat m the project U Ret iro>m Hawma. Instead of being distributed M the sullen of the city, meaty and aehmldatiCl bUlacemnental difference U upland by the city and used W repay the money borrowed by the city W provide the subsidy to the developer. When the heads art repaid tai a W 10 years) AU the mo�rly W do llan are mice again dfsuibeted W the look. furupitliovs. Hen again the City has teed varleme els" money, dace about 70 W 90 percent Of Our properly Us 60 - lava ger W twdlhe mainly and sclool disWct. 7be anginal purpose of the legislative set creat rg Us Irrnmml Irmrcfeg was to ager develepawot into blighted areas that would cat mare W redevelop than building an vacant lad, Clearly, each propwed rite for We mew ram track U an vacant Neil rot a bhgnted amea . – - r--- .. . . Allhawgb m public popose WW be new by ®eg Uapayer dollars to subsidies romtracilm of a rem trek, Its lactim will surety benefl. err tameamity over moLber and look great U the esmNlBa hum - More y. Unless We Uffislatme Neta, this I" temptatlm few local politicians cal resist. So. If the Dew nm leek U bwill with public suhtldy, it will be m gamble fa the MinwaMa UaNyer. It's a ams haus. Inver Grove Heights Development Corp. 217 Livestock Exchange Building, So. St. Paul. MN. 55075 - (612)451-2266 February 7, 1984 ,Mayor Bea Blomquist .City of Eagan '3795 Pilot Knob Road Eagan, Minnesota 55122 Dear Mayor Blomquist: • Our Development Corporation has followed the Horse Racing Facility issue with a great deal of interest. Recently, the Board endorsed the Eagan site. In addition, the Board requested that a notice of this action be sent to the Mayors of area communities, along with a request that similar action to considered by those communities. Copies of the letters to those Mayors are enclosed, along with a copy of the accompanying resolution. If you feel there is any additional work that we could do, please don't hesitate to let us know. Sincerely, George Kis an President GK:cs Encl: )44 - The Inver Grove Heights Development Corporation has evaluated the pro- posed sites for the Twin Cities Horse Racing facility, and supports the site proposed for the City of Eagan. The Development Corporation believes that with the completion of I-494 and the reconstruction of Minnesota 49, and with the transportation network formed by other highways in the vicinity, the Eagan site is the most access- ible one to the horse racing facility's primary and secondary markets. Furthermore, its accessibility to the Twin Cities Metropolitan Airport pro- vides an additional convenience for non -local owners, breeders, trainers, and fans. Additionally, the rural nature of Dakota County, the excellent local transportation network in the county, and the availability of land for small acreage farms, combine to offer facilities and amenities that will encourage and foster the horse -breeding industry. The Development Corporation further believes that the project propon- • ents have prepared a development plan that addresses the health and safety concerns of the public, the comfort requirements of racing patrons and participants, and the financing requirements of the investment community. The inclusion in the development plan of sites that will adequately accom- modate the supporting commercial services needed by the public is an in- telligent land use decision that will be instrumental in preventing future congestion. Finally, the Development Corporation views the Project Review Procedures conducted by the City of Eagan, and the city's subsequent approval of all aspects of the proposal, as evidence of both a thorough examination of the project's potential impacts, and of enthusiastic citizen support for the project. The citizens and officials of the City of Eagan are commended for their thorough and expeditious review of the proposal. For those reasons, as well as because of the projected new employment and additional taxable valuation which the horse racing facility will gen- • erate, the Inver Grove Heights Development Corporation supports the Eagan site, urges the Metropolitan Council and the Minnesota Racing Commission to designate it as the Twin Cities' Horse Racing Facility, and urges the City of Inver Grove Heights to consider action supporting the Eagan pro- posal. l+S 2335 V. 7. ".YqA v 36 Sr. P..c M".r.b 55113 X.... 612-636-4600 February 9, 1984 City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55121 Attn: Mr. Tom Colbert Re: Blue Gentian Road - Proj. No. 349 • Our File No. 49242 Dear Tom: M Orr. G. BatrR P.E Robe W. Ro . P.E. J.a.b C. A. a. P.E 9r 1d rd A. Lmrb . P. E. Ra E. Tomer. A.E. Jamas C. Oboes P.E. Gkmr R. Cook. P.E KNrb A. Gwdoa. P.E Trmmaa E. N.J P.£. Rkbatd W. Fenn. P.E. Rahn G. &h.nrcnt. P.E. Maria L. Son . P.E OomM C. Bur,.Mr. P.E. 1n A. 80Y k P.E. Mark A. H.P.E TM K. Fk . P. E Mkl T. Rt.. P.E Rohn R. %p/nb. P.E Gd.N LW=. P.E [Kala A. Emkt W M. Po.e6#) Harp. M. oboe Enclosed herewith please find the cost participation associated with the above referenced project as it relates to State Project 1985-76 (T.H. 494-393). The City cost participation based on the Schedule I dated September 26, 1983 does not include increasing the GE for West Blue Gentian to 20. Recent phone conversations with Mn/DOT indicate the City share would increase by $19,000 while the actual construction cost would increase $64,000. Due to time'con- straint associated with bidding S.P. 1985-76, the GE increase will be accomp- lished with a supplemental agreement after the bid date. A summary of the City cost participation for S.P. 1985-76 is summarized below: CITY PARTICIPATION • Schedule I, 9-26-83 $25,105.21 GE 20 West Blue Gentian Road 19,000.00 Sub -Total $44,105.21 + 4.31% Mobilization, Field Office, Traffic Control, Etc. 1,901.50 Sub -Total $46,006.71 8% Construction Engineering 3,680.54 TOTAL CITY .................... $49,687.24 Therefore it is assumed that Mn/DOT portion will be the project cost for street less the City participation ($429,390 - $49,687.24 - $379,700) as shown on the Summary for Revenue Sources. Page 1. 9240b ►4` City of Eagan Eagan, Mn. 55121 Attn: Mr. Tom Colbert Re: Blue Gentian Road — Proj. No. 349 Our File No. 49242 February 9, 1984 I have not assumed any assessment appeals which are anticipated with this pro— ject. If you have any questions, please contact this office. Yours very truly, BONESTR00, ROSENE, ANDERLIK b ASSOCIATES, INC. Mark A. Hanson MAH:mb Encl. Page 2. 9240b �4� • • SUMMARY REVENUE SOURCES BLUE GENTIAN ROAD PROJECT NO. 349 INCLUDES MN/DOT PORTION • PROJECT COST REVENUE BALANCE STORM SEWER Lateral $171,370 Trunk 20,720 Lateral Assessment $132,385 Mn/DOT 192,090 TOTAL $192,090 $324,475 +$132,385 STREET Lateral $429,390 Lateral Assessment $310,551 Mn/DOT 379,700 • $429,390 $690,251 +$260,861 TOTAL +$393,246 The estimated project balance is +$393,246. It is assumed this balance will be distributed to the trunk storm sewer and major street fund. 9240b 141 SUMMARY REVENUE SOURCES I -35E UTILITY CROSSINGS AND STREET IMPROVEMENTS PROJECT NO. 372 INCLUDES MN/DOT PORTION PROJECT COST REVENUE BALANCE I. WATERMAIN Lateral $14,630 Trunk 92,680 Lateral Assessment $3,380 $107,310 $3,380 —$103,930 II. SANITARY SEWER • Lateral $21,020 Lateral Assessment $4,260 $21,020 $4,260 —$16,760 1, III. STORM SEWER Lateral $113,900 Trunk 305,920 Lateral Assessment $105,157 Trunk Assessment 216,925 Mn/DOT, Dakota County 306,200 $419,820 $628,282 +$208,462 • IV. STREET (A) DEERWOOD DRIVE 9332b Street, Sidewalk Trailway $525,400 Street Assessment $120,030 Sidewalk Assessment 27,804 Trailway Assessment 8,337 Mn/DOT 510,690 $525,400 $666,861 +$141,461 PROJECT COST (B) FEDERAL DRIVE (NEST FRONTAGE ROAD) Street Sidewalk $409,390 Street Assessment $239,913 Sidewalk Assessment 13,590 Mn/DOT 299,600 Total $409,390 $553,103 +$143,713 (C) . DIFFLEY ROAD (CO. RD. NO. 30) Street Sidewalk Trailway $160,900 Street Assessment $51,117 Sidewalk Assessment 3,790 Trailway Assessment 2,770 �� Mn/DOT, Dakota County 101,880 $160,900 $159,557 -$1,343 TOTAL............ +$371,603 estimated project balance is +$371,603. It is assumed this balance will :istributed to their respective trunk funds. -2-. 9332b SUBJECT TO APPROVAL I • MMMTE.S OF A REGULAR MEETING OF THE HAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 21, 1984 A regular meeting of the Eagan City Council was held on Tuesday, February 7, 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, Consulting Engineer Rosene, Public Works Director Colbert, City Planner Runkle and City Attorney Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the Agenda'as pre- sented. All voted in favor. Councilmembers reviewed the proposed minutes for the regular meeting of February 7, 1984, with action to be taken on the Minutes at the next regular meeting. Wall OX" M I , City Administrator Tom Hedges stated that during 1983, the 1978 Nova (used police car) was approved for replacement in the Building Inspection Department. The City authorized the purchase of a 1984 one-half ton (F100) pickup from Southview Chevrolet in the sum of $8,916.00 and it was noted that Southview will now offer a second pickup at the same price. . The budget provided for $10,500.00 for 1984 for a replacement truck for the Chief Build- ing Inspector. Staff recommended the pickup be purchased with equipment certificates and upon motion by Smith, seconded Wachter, it was resolved that the recommendation be approved for the purchase of a 1984 one-half ton F100 pickup from Southview Chevrolet in the sum of $8,916.00, with the condition that the staff investigate the potential for purchasing a V-6 engine. All voted in favor. CONSENT AGENDA The following consent agenda items were presented by the staff and recom- mended for approval by them: 1. Personnel Items. It was recommended that Jeff McGuffee be hired under the Minnesota Emergency Employment Development Act (MEED) for six months at a rate of $4.00 per hour as a level one custodian. In addition, it was • recommended that Steven Grimm, currently a cadet with the Eagan Police Depart- ment be appointed by the City Council as a full time police officer, effective March 1984. 1 Council Minutes February 21, 1984 2. MEED Agreement. An agreement has now been received from Dakota County covering employment by the City of Eagan of MEED employees and it was noted that four persons are now employed under that program in the City. It was recommended that the Mayor and City Clerk be authorized to sign the MEED Agreement and the Agreement be approved. 3. Knights of Columbus Bingo License. It was recommended that the City Council approve a bingo license for the Knights of Columbus for April 6, 1984 with Don Wilson O'Grady as the Bingo Manager. 4. Project 4398 _ Suncliff 2nd Addition. A Petition has been received from the developer of Suncliff 2nd Addition for the installation of streets and utilities to service the 2nd Addition. The developer has waived the right to notice of hearing and guaranteed costs associated with the feasibility report. It was recommended that the Petition from Advance Developers, Inc. be accepted and authorize the preparation of a feasibility report for Project 4398 and the preparation of detailed plans and specifications. Upon motion by Smith, seconded Egan, it was resolved that the foregoing Consent Agenda items be approved and implemented. All voted in favor. • • CINNAMON RIDGE 3rd ADDITION - CONTRACT #82-7 It was recommended that Change Order 42 to Contract 482-7 consisting of streets and utilities in Cinnamon Ridge 3rd Addition in three parts with an add of $4,713.08 , an add of $662.35 and an add of $1,561.54 for a total of $6,936.97 be approved and that the Mayor and City Clerk be authorized to execute the related documents. Upon motion by Wachter, seconded Egan, it was resolved that the foregoing recommendation be approved. All voted in favor. YANO3E DOODLE RE mvOIR - REPAINTM - PROJECT #394 A feasibility report has now been received for the repainting of the Yankee Doodle Road 5 million gallon water reservoir, which has not been painted since its construction in 1971. Smith moved, Thomas seconded the motion to receive the feasibility report for Project 4394 and to approve the preparation of detailed plans and specifications for Contract 484-4 to include an alternate for the City name to be painted on the tank. All voted yea. COUNCIL HANDOUTS The City Administrator distributed the following handouts to the City Council. a. 1984 Budget. 2 • • Council Minutes February 21, 1984 b. Draft of Environmental Impact Statement for the Minnesota Jockey Club, noting that a hearing will be scheduled on the EIS on March 8, 1984. c. AMM 1984 proposed Legislative proposal. It was suggested that school zones be more thoroughly defined in the proposed Legislative revisions regarding speed limit zones. BLUE GER71M ROAD — PROJECT #349 - HEARIN Mayor Bea Blomquist convened the public hearing concerning Project 4349 consisting of streets and storm sewer improvements in the Blue Gentian Road area. Mr. Colbert introduced the project and Consulting Engineer Bob Rosene detailed the feasibility report. A letter from attorney Howard Stacker on behalf of RES Investment Company and 494 Investment Company requesting that assessment issues be forwarded to the special assessment committee, was also introduced. After review of the project, interested persons in the audience had questions or made presentations. Mary O'Neill from the O'Neill Homestead area questioned whether there was • benefit to the O'Neill First Addition by the proposed improvements. The relocation of Blue Gentian Road and the MnDOT acquisition of right-of-way north of the O'Neill First Addition was discussed. MnDOT has indicated that it would turn back that area of land and that the City could then vacate or convey the property to the adjoining property owners in the event the property owners so desire. There was considerable discussion concerning the alignment of Blue Gentian Road west of Trunk Highway 0149 and it was noted the alignment was intended to align with the.entrance road of the Laukka-Beck commercial center. There were questions about the assessment method against the O'Neill area. Agnus Polzin was present and stated that no notice had been sent to the owners in her area but it was explained that that area will not be assessed. There were also questions about cutting down traffic on Blue Gentian Road and methods intended to be utilized, including signing, and the fact that the road will be in a rough condition which should discourage traffic. After 45 minutes of discussion, Egan moved, Smith seconded the motion to close the public hearing and approve Project 0349 with the understanding that !the con- cerns of Mr. Stacker will be forwarded to the Assessment Committee;; further that the concerns of the O'Neill family will be reviewed by the staff and the council. Councilman Wachter suggested that the alignment of Blue Gentian Road to the west of 0149 run south of the residential area, but it was noted that there was no plans for development of that land at the present time. IThose in favor were Blomquist, Smith, Egan and Thomas; Wachter voted no. E F 0 Council Minutes February 21, 1984 • I -35B STREETS AND UTILITIES - PROJECT /372 The next public hearing convened by Mayor Blomquist concerned street and utility crossings of I -35E, under Project 0372. The feasibility report was reviewed by Mr. Colbert and Mr. Rosene consisting of a detailed report cover- ing all of the proposed installations of utilities and street work. Mr. Colbert indicated that it was important that the Council make a decision on the installation at the present time before the highway construction is com- menced. There was considerable discussion concerning proposed assessments, including street improvements. John Klein appeared on behalf of Leo Murphy and had questions concerning street assessments on the Murphy property. He suggested the Assessment Committee review the issues and had questions about access to Deerwood Drive and the Murphy road from the Murphy property. Marlene Dolling from Deerwood Drive, questioned assessments for streets along Deerwood Drive and it was noted that the City has participated in the cost and will assess normal City residential equivalents for residential property benefited by the improvements. John Klein also appeared for Francis Franz and questioned the assessments where MnDOT pays for the cost. Mr. Colbert explained the City cost participation and Mr. Klein asked that the issues be referred to the assessment committee. After one hour of discussion and re- • view, Smith moved, Wachter seconded the motion to close the public hearing and approve Project 0372, including the preparation of detailed plans and specifi- cations, noting the property owners can request referral to the Assessment Committee for proposed assessments. All voted in favor. GEORGE & MIRIAA HALL - VARIANCE - PILOT KNOB ROAD The application of George and Miriam Nall for a variance from the five acre provison, in order to keep horses on a 4 1/2 acre parcel on Deerwood Drive and Pilot Knob Road, was next brought before the Council. Mr. Dale Runkle, City Planner, reviewed the application and noted that the Advisory Planning Commission had recommended denial for specific reasons. Since the Advisory Planning Commission meeting, the applicant has discussed the issues with the neighbors and it was recommended that in the event that the Council approve the application, it be subject to the following: That a special permit be on a one year basis, that the permit be limited to three horses with adequate storage of grain, hay and disposal of manure and also adequate fences be installed. Miriam Nall was present as were Alyce and Ted Bolke. The Bolkes indicated there were no objections from neighbors if those conditions outlined above were implemented. Ms. Nall indicated that the applicant would conform with all City requirements and it was recommended that a three -wire fence with corner braces be included. Smith moved, Wachter seconded the motion to approve the application based upon the conditions mentioned above. Those in favor were Smith and Wachter; those against were Blomquist and Egan; • Thomas abstained and the motion failed. 4 Council Minutes • February 21, 1984 PERRY KIIEFFER - DODD ROAD - CONDITIONAL USE PERMIT The application of Perry Kieffer for conditional use permit for commer- cial storage facilities in an agriculturally zoned district on Dodd Road was presented to the Council. The Advisory Planning Commission recommended approval subject to conditions on the 5 acre parcel. After a brief discus- sion, it was noted that the applicant was not present. Smith moved, Egan seconded the motion to continue the application until the applicant appears later in the meeting. All voted in favor. SUNSET 4TH ADDITION - PRELIMINARY PLAT The next application presented to the Council was the application of Tri - Land Company and Brad Swenson for preliminary plat approval of Sunset 4th Addition, consisting of 15.16 acres with 32 single family lots. The Advisory Planning Commission recommended approval of the application, subject to condi- tions. Dale Runkle introduced the application and reviewed the proposed street access from the west from Northview Meadows and explained the rough- ness of the topography. There was a question from Councilmembers concernng. • the bubble from the lots to the north, and the normal objection to the use of bubbles on streets. Brad Swenson was present as was Laura Marks on behalf of the applicant and explained the reasons for not splitting the south tier of lots, due to the steep terrain. He noted there was up to 18% slope and that the Comprehensive Plan recommends that lots not be approved in a maximum of 15%• He stated that neighborhood meetings have been held and everyone present at the meetings supported the design. He also noted there is a transition from smaller to larger lots from north to south and discussed Hackmore Drive. There was considerable discussion concerning the extension of Hackmore Drive to serve the property to the south and the need for funding of the road and utility improvements in Hackmore Drive. Mr. Sauter, a neighboring owner, submitted a letter and Mr. Travers, a property owner to the southeast, to- gether with other property owners in the general area were present. Gordon King was also present and recommended the outlots on the south tier of, lots be included to protect the King land to the south so that the cost of the road and utility improvements could be shared. Mr. Travers favored large lot transition and Tom Colbert recommended that the property owner either provide for outlots on the south portion of the south tier of lots, or the posting of an escrow sufficient to cover future streets and utility improvements within the street. After lengthy discussion, Smith moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. That the applicant be required to escrow sufficient funds ,to cover proposed street and utility improvements for Hackmore Drive. • 2. That outlots be provided on the south portion of the southly tier of lots within the subdivision. 5 Council Minutes February 21, 1984 3. All lots shall meet the minimum R-1 zoning criteria which is 85 foot lot width and 12,000 square feet. 4. The applicant shall dedicate all easements as requested by City staff. 5. All other City ordinances shall be met. 6. A detailed grading and erosion control plan shall be submitted for staff review. 7. If utilities are to be installed privately, then the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. 8. Right-of-way for Yorktown Place shall be extended to the east boun- dary line of the Sunset 1st Addition. • 9.i This development shall be responsible for placing the gravel base for Yorktown Place. 10. A minimum 25 foot half right-of-way shall be dedicated for Hackmore • Drive. 11. Utility and drainage easements shall be dedicated as referenced in this report. 12. All future costs for public improvements shall be the sole respon- sibility of this proposed development. 13. The developer shall submit a petition for the street improvement of Yorktown Place as a condition of final plat approval. 14. Utilities shall be extended to the east line of Sunset 1st Addition. All members voted in favor. BURNSVIME-EAGA9 CARL WNISSIOA UPATE Mr. Hedges and Councilman Smith reviewed the progress of the Burnsville - Eagan Cable Commission, noting there had been monthly meetings, together with considerable committee work. The single head end issue is being discussed by Cable Commission members and the Commission is proposing hiring staff personnel within the near future. • 0 Council Minutes is February 21, 1984 Hour - I-494 COST PARTICIPATION AGREBt+mT Cost Participation Agreement 061824 with the Minnesota Department of Transportation covering I-494 was submitted by the staff and recommended for approval. Noting that Project 0349 has now been ordered in, Egan moved, Thomas seconded the motion to approve the resolution approving Cost Participa- tion Agreement 061824 and authorize the execution of the document. All voted in favor except Wachter who voted no, noting that he did not agree with the location of the west Blue Gentian Road connection. NnDOT I -35H COST PARTICIPATION AGREEMENT The staff then presented proposed Cost Participation Agreement 061932 regarding I -35E improvements with MnDOT. Project 0372 has now been ordered in by the City Council and upon motion by Smith, seconded Egan, it was resolved that the resolution approving MnDOT's Agreement 061932 be approved and the documents be authorized for execution. All voted in favor. • HOOT COST PARTICIPATION AGREMENT 061933 E Cost Participation Agreement with MnDOT 061933 covering Diffley Road and Pilot Knob Road area improvements was next submitted to the City Council for review and approval. It was noted that the Agreement covers a portion of Project•0372 and upon motion by Wachter, seconded Thomas, it was resolved that the Dakota County Cost Participation Agreement relating to MnDOT Agreement 061933 for the upgrading of Diffley Road and Pilot Knob Road associated with I -35E be approved and the Mayor and City Clerk be authorized to execute the related documents. All voted in favor. i LONE OAK ROAD - TRUNK HIGHWAY 055 - MATER MAIN - CONTRACT 084-1 On November 15, 1983 the public hearing was held and the project approved which consisted of three parts relating to 1) trunk water main along:the west side of Trunk Highway 055/0149; 2) consisting of relocation of hydrants and lowering/insulating the existing watermain and relocating fire hydrants along the west side of Trunk Highway 0149; and 3) the westerly extension;of trunk water main facilities from Pilot Knob Road at Duckwood Drive. The bids have now been received and they were tabulated and presented to the Council. The staff recommended approval of the alternate bid with the 20 inch diameter trunk water main along the west side of 0149. ' Wachter moved, Egan seconded the motion to receive the bids and award the contract based on the, alternate bid to W & G Rehbein Bros. All voted yes. 7 Council Minutes February 21, 1984 • ALMOUIST LAKE LIFT STATION - CONTRACT 084-3 The plans and specifications have now been completed for Contract #84-3 consisting of the Almquist Lake lift station improvements and it was recom- mended that the Council approve the plans and specs and authorize the adver- tisement for bid opening to be held at 10:30 a.m. on Thursday, March 15, 1984 at the Eagan City Hall. Upon motion by Smith, seconded Egan, it was resolved that the recommendation be approved and the clerk be authorized to advertise for bids. All voted yea. CINNAMON RIDGE 3rd ADDITION - CONTRACT 082-7 The final payment request has now been made for street and utility im- provements under Contract 082-7 in Cinnamon Ridge 3rd Addition and it was noted all costs associated with the project will be assessed against the development property. It was recommended that the 7th and final payment of $25,707.03 to Austin P. Keller Construction Co. be approved and the project be accepted for perpetual maintenance. Egan moved, Wachter seconded the motion to approve the recommendation and authorize the implementation of Contract • 082-7 as recommended by the staff. All voted yea. 1984 SEVER AND WATER UTILITY USER RATES The firm of Bonestroo, Rosene, Anderlik h Associates has performed a study pertaining to sewer and water utility user rates in relation to expenses and required revenue to maintain the sewer and water service for the City and presented a report to the Council. Wachter moved, Thomas seconded the motion to receive the 1984 report and to approve the recommendation for no increase in rates during 1984. All voted yes. TRUNK -RELATED ASSESSMENT RATES - 1984 A further report was submitted from Bonestroo, Rosene, Anderlik & Asso- ciates, Inc. reviewing the construction costs associated with completing the trunk system, including sanitary sewer, water, storm sewer and major streets. The average proposed trunk related assessment increase was 5% and the staff recommended approval. Upon motion by Wachter, seconded Egan, it was resolved that the report be received and approved, modifying the trunk assessment rates effective January 1, 1984. All voted in favor. • 0 Council Minutes February 21, 1984 EAGAN CITY CODS UPDATE Tom Hedges discussed with the Council the staff's review of Ordinances that were adopted by the City Council, effective January 1, 1983, changes that have been proposed by the Council since that time, and proposed revisions that have been made by the staff. He noted that meetings have been held with Municipal Ordinance Codifiers personnel and staff members and a draft of several different ordinance revisions was submitted for Council review. Changes were due to corrections, changes in State law, and others by direction of the City Council. It was noted that it would be advisable to address them annually and also that all revisions were appropriate for Council action except those within Chapters 11 and 13 regarding zoning and subdivision where public hearings were required. It was recommended that the public hearing notice for moving residential homes be sent to property owners within 350 feet, rather than 500 feet. There was also discussion concerning status offenses in relation to curfews and a request was again made by the City Council for the staff and City Attorneys to review that issue with further report to the Council. Egan moved, Thomas seconded the motion to approve the proposed Ordinance revisions and authorize their publication in the legal • newspaper with the 500 foot notice regarding moving residential buildings changed to 350 feet; that the staff submit further information concerning the curfew ordinance and for final Council adoption and further, to exclude those portions of Chapter 11 and 13 requiring public hearings. All voted in favor. • PERRY KIEFFER - CONDITIONAL USE PERMIT Noting that Mr. Kieffer was not present, Blomquist moved, Smith seconded the motion to continue the application of Mr. Kieffer for conditional use permit until the next regular meeting. All voted yes.• MUNICIPAL LEGISLATIVE COMMISSION HANDOUT Tom Hedges distributed to the City Council -members information submitted by the legislative consultants regarding the municipal legislative committee. STAR CITY PROGRAM UPDATE Mr. Hedges stated that certain expenses will be incurred by the Star City Program Committee and Councilmembers approved such expenses, noting no offi- cial action was required because the Council had authorized the formation of the Committee. 0 Council Minutes February 21, 1984 DISTRICT #196 SCHOOL RESOLUTION Mayor Blomquist submitted a resolution proposed to be adopted by the City Council regarding the location of schools needed by IDS 0196, including loca- tion, boundary of attendance of each school, costs of the schools and costs of busing. Blomquist moved, Egan seconded the motion to approve and adopt a resolution and forward it to the School Board. All voted in favor. CHECKLIST Upon motion by Wachter, seconded Egan, it was resolved that the following checklist be approved dated: All voted in favor. r u1—i'n Upon motion by Smith, seconded Wachter, it was resolved that the Council adjourn at 11:45 p.m. All voted yea. • r PHH City Clerk 10 • AGENDA • REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA • • CITY HALL FEBRUARY 21, 1984 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS P\ A. Fire Department ` C. Park & Recreation Department L B. Police DepartmentQ D. Public Works Department �• e\ E. Protective Inspections Department IV. 6:55 - CONSENT ITEMS (One Motion Approves All Items) p % A. Personnel Items 1 b B. MEED Agreement/Dakota County e 7 C. Contract 82-7, Change Order #2, Cinnamon Ridge 3rd Addition Q' (Streets & Utilities) D. Project 394, Receive Feasibility Report/Order Plans & Specifications e (Yankee Doodle Reservoir - Repainting) Q\b E. Knights of Columbus for Bingo License on 4-6-84 %1 F. Project #398, Receive Petition/Order Feasibility Report & Plans e (Suncliff 2nd Addition) V. 7:00 - PUBLIC HEARINGS Q.l'l A. Project 349, Blue Gentian Road (Streets) 3(o B. Project 372, I -35E (Utility Crossings & Streets) e* VI. OLD BUSINESS 3� A. City Code Update VII. NEW BUSINESS a A.1 George L. & Miriam M. Nall for the Keeping of a Horse on a Q 4.50 -acre Parcel Zoned R-1 (Residential Single District) Located in Part of the SW'y of the NWk of Section 22, Parcel LO -02200-040-27, 3960 Pilot Knob Road B. Perry Kieffer for a Conditional Use Permit for Commercial Storage PFacilities in an Agricultural Zoning District in Part of the SWC of the NE} of Section 24, 3955 Dodd Road, Parcel 10-02400-010-05 ^ $1 C. Tri -Land Co., Inc., Brad Swenson, for Preliminary Plat, Sunset 1 4th Addition, Containing 15.16 Acres with 32 Single Family Lots in Part of the NWS of the NW'y of Section 25, South of County Road 30 (Diffley Road), West of Saddlehorn Addition and North of Hackmore Drive Eagan City Council Agenda February 21, 1984 Page Two VIII. ADDITIONAL ITEMS 10SABurnsville/Eagan Cable Commission Update e 106B.. Approve MnDOT Cost Participation Agreement #61824 (I-494) P 10'? C. Approve MnDOT Cost Participation Agreement #61932, (I -35E) f_101D'. Approve Dakota County Cost Participation Agreement (MnDOT Agree- ment #61933 - Diff Ley Road & Pilot Knob Road) 101E. Contract 84-1, Receive Bids/Award Contract (Lone Oak Road/T.H. 55 Q - Watermain) 1\1 F. Contract 84-3, Approve Plans/Authorize Advertisement for Bids Q' (Almquist Lake Lift Station) 11I G. Contract 82-7, Final Payment/Acceptance/Cinnamon Ridge 3rd e' Addition (Streets & Utilities) 111H. Consideration of Sewer & Water Utility User Rates for 1984 Consideration of Trunk Related Assessment Rates for 1984 P' IX. VISITORS TO BE HEARD (For those persons not on the agenda) X. ADJOURNMENT 0 • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 17, 1984 SUBJECT: AGENDA INFORMATION MEMO/FEBRUARY 21, 1984 COUNCIL MEETING After approval of the February 7, 1984 regular City Council minutes and the agenda for the February 21, 1984 regular City Council meeting, the following items are in order for consideration: FIRE DEPARTMENT A. Fire Department -- There are no items to be considered under Fire Department at this time. POLICE DEPARTMENT B. Police Department -- There are no items to be considered under Police Department at this time. • PARK & RECREATION DEPARTMENT C. Park & Recreation Department -- There are no items to be con- sidered under Parks & Recreation Department at this time. PUBLIC WORKS DEPARTMENT D. Public Works Department -- There are no items to be considered under Public Works Department at this time. PROTECTIVE INSPECTIONS DEPARTMENT E. Protective Inspections Department -- During 1983, the 1978 Nova (used police car) was approved for replacement in the Building In- spection Department. The City authorized the purchase of a 1984 one-half ton pickup (F100) in the amount of $8,916 from Southview Chevrolet. The department's budget for equipment certificates in 1983 has been considered at $10,500, and due to a price break, the equipment, according to specifications, was purchased at the $8,916 figure. This equipment has been delivered and is being used pri- marily by the Assistant Building Inspector/Fire Marshal. The Chief Building Inspector anticipated replacement for the 1975 Ford F100 pickup that has been used by the Fire Marshal. This unit is experi- encing a number of mechanical problems as well as body problems and should be considered for replacement. The Building Inspector • had anticipated the replacement this year and requested $10,500 in the operating budget for 1984 which was omitted by the City Coun- cil with the understanding it would be later considered as a possi- Q f� Agenda Information Memo • February 21, 1984 City Council Meeting Page Two ble equipment certificate. The City Administrator addressed the City Council at the January 18 City Council meeting and was advised to contact Peoples Natural Gas Company and any other users of the small compact pickups to determine whether these pickups are proving to be more efficient than the full size pickups for performance, longevity and resale. The Chief Building Inspector has made a com- parison of the compact pickups and standard pickups and a copy of his response is found on page —3. . The Chief Building Inspector has also had the 1975 For assessed by the maintenance garage and the repair work that is needed is estimated at approximately $1,000 with no consideration for labor. Currently, that pickup is not being used due to a break in transmission problem. Enclosed on pages —+-- through S" is a copy of a memorandum from Chief Buil- ding Inspector Peterson to the City Administrator reviewing the equipment problems. Because the Inspection Department is working primarily in new sub- divisions and often streets and driveways are in a rough preliminary grade status, the F100 has proven to be very efficient as a vehicle for those conditions. The analysis between a full size vehicle and compact is brief and a more comprehensive study can be made • if the City Council so desires. If the City Council desires to purchase a second half -ton pickup, Southview Chevrolet will recog- nize the $8916 bid for a 1984 heavy duty half -ton pickup cr;mpatible with the pickup purchased in December 1983. This equipment would be purchased from equipment c:crtificates in 1984. For City Council reference, the other vehicle that is used in the Building Inspection Department is a used police Citation which the Chief Building Inspector uses for meetings, inspections and general use within the department. The mechanical and electrical inspectors are paid as consultants and therefore use their own vehicles. The new plan check personnel to be hired by the City will perform most of his or her work in City Hall and would utilize, for the present, the Citation jointly with the Chief Building Inspector. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny authoriza- tion to purchase an F100 half -ton pickup in the amount of $8,916 from Southview Chevrolet as an authorized expenditure under 1984 equipment certificates. 1O V 0 January 18,'1984 • MEMO TO: TOM HEDGES, CITY ADMINISTRATOR 4 FROM: DALE PETERSON, CHIEF BUILDING OFFICIA RE: COMPARISON OF COMPACT PICKUPS AND STANDARD PICKUPS FOR DEPARTMENT USE I have discussed American made compact pickups with Peoples Natural Gas, Eagan Public Works and shop mechanics at two dealerships. I also have studied the U.S. Department of Energy's 1984 EPA fuel economy estimates. The Chevrolet GMC and Ford compacts with six cylinder engines and automatic transmission have provided their owners with a fuel consumption of 19 - 22 miles per gallon and maintenance costs were good and somewhat less than the standard pickup. Standard pickups bythe same manufacturers with the same equip- ment, bought with a 300 - 310 cubic inch V8 engine, averaged 13 - 17 miles per gallon and the base price was $300 to $500 more. Peoples Natural Gas reported that their experience with compact pickups manufactured outside the United States have proved unsatisfactory and American made are satisfactory for ordinary uses. All of the operators and mechanicss were doubt- ful though that the compacts would be feasible for the amount of off-street use demanded by the department because of the lower ground clearances and the difference of the material strength used in the full-size pickups. It also is unknown whether or not the compact pickups will give the five-year service necessary for long term efficiency and economy.. Most of the reports that I have been checking have been in generalities,. but if you need specifics, I will attempt to get them for you. I will request quotations immediately upon receipt of your answer on which type of unit the department should purchase. DP/js • 2 0 February 2, 1989 KM TO:,` CM ACM' USTRATOR= FRM: DAIS PETERSON, CHIEF BUILDING OFFIC RE: UNIT #501, 1975 FORD F100 The manual three -speed transmission Of Unit 501 failed on or about January 18. This was in addition to the already dangerous brakes. We had hoped to keep it operating as it was the most feasible one to use until the replacement for 502 was authorized. Bill Branch, Superintendent of Public Works, prepared a repair estimate on 501 for me in hopes it would be economically feasible to make it last for a few more miles. The resulting estimate using almost all in -Muse labor was $917. arra that was to do the mininm repairs as required by law. is I have enclosed Bill's cost breakdown for your use. It would be unfair for the inspectors to use their own cars as the City's 20fi per mile car allowance is about ane -half of the actual cost to operate their own vehicle. Thank you for your consideration of this problem. DP/js 41" E 0 ti 0 0 MEMO TO: DALE PETERSON FROM: BILL BRANCH, SUPERINTENDENT PUBLIC WORKS DATE: FEBRUARY 2, 1984 SUBJECT: 1975 FORD F100; Engine 302; Unit #501 Master L.F. Caliper R.F. Caliper L.R. W/Cylinder R.R. W/Cylinder Rotors Drums Differential Valve Starter Pads Shoes Muffler Transmission 1 week to 10 days for parts. $52.48 41.78 41.78 12.99 12.99 134.28 120.22 62.00 27.95 10.10 9.55 41.87 350.00 917.90 • Agenda Information Memo February 21, 1984 City Council Meeting Page Three There are six (6) items on the agenda referred to as the Consent Agenda requiring one (1) motion by the City Council. If the City Council desires to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. Personnel Items -- There are two (2) personnel items for consi- deration. 1. The City has been able to obtain a level one custodian through the Minnesota Emergency Employment Development Act (MEED) for six months at a rate of compensation of $4.00 per hour. There is no expense to the City of Eagan. The person is Jeff McGuffee. Mr. McGuffee is our park foreman's, Jim McGuffee, brother. Mr. McGuffee will not be working under any supervision or at any time with his brother. Since the position is not a full-time position • with the City and is being sponsored through the MEED pro- gram, there is no conflict with our existing personnel policy. 2. The City has budgeted, in the Police Department budget, effective March 1, 1984, the hiring of a full-time police officer. Chief of Police Berthe is recommending that Steven Grimm, who is currently a cadet with the Eagan Police Department, be appointed by the City Council as a full-time officer. Mr. Grimm has completed all of his schooling and P.O.S.T. requirements to become a licensed police officer in the State of Minnesota. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Mr. McGuffee under the MEED program and Mr. Grimm as a new patrol officer to be effective March 1, 1984. MEED AGREEMENT B. MEED Agreement -- Dakota County has forwarded to the City for execution the form MEED agreement covering the employment by the City of Eagan of persons under the MEED program. Presently, there are four such employees. These include Annette Kinstler in Adminis- tration, John Bergstrom in Protective Inspections, James Strum in Parks & Recreation and Jeff McGuffee in General Government Buil- dings. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the Mayor and City Clerk to execute the MEED agreement. 9 Agenda Information Memo February 21, 1984 City Council Meeting • Page Four CONTRACT 82-7/CHANGE ORDER #2 C. Contract 82-7, change Order #2, Cinnamon Ridge 3rd Addition (Streets & Utilities) -- Change Order #2 for this contract consists of three parts: A. Prior to the completion of the street surfacing in the third addition, the developer had not completed his overall site grading. Subsequently, in order to complete the grading on the north end of the project, it was necessary that the material be moved over the partially completed street construction. It was agreed that this development would be responsible for any subsequent damage to the road bed caused by this dirt moving operation. (Add $4,713.08.) B. The contract proposal inadvertantly omitted a requested bid item to complete the storm sewer system as designed within the approved plans. Subsequently, this work was performed on a time and material basis. (Add $662.35.) C. During the site grading and excavation work by the develo- per, the developer buried his tree removal and miscellane- • ous debris along the alignment of the proposed storm sewer which resulted in extra costs to correct the pipe bedding for the storm sewer. Due to the fact that this tree and debris burial was unauthorized within the City easement, the developer is responsible for the costs incurred by the City's contractor. (Add $1,561.54.) All costs associated with this change order will become the respon- sibility of the development and included in the final assessment figures. The total increase for Change Order #2 to be added to Contract #82-7 is $6,936.97. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 82-7 and authorize the Mayor and City Clerk to execute all related documents. • Agenda Information Memo • February 21, 1984 City Council Meeting Page Five E • FEASIBILITY REPORT/PROJECT 394 D. Project 394, Receive Feasibility Report/Order Plans a Specifi- cations (Yankee Doodle Reservoir - Repainting) -- The approved 1984 utility budget provided for the repainting of the Yankee Doodle Road 5.0 M.G. water reservoir. This reservoir has not been re- painted since its construction in 1971. Subsequently, the Public Works Director requested that a feasibility report be prepared and it is now being presented to the Council, a copy is enclosed on pages _ ct_ through J$ , for your review and approval. Due to the fact that there are no assessments associated with this project and that the funding has been provided for in the 1984 utility bud- get, no public hearing is necessary. Therefore, the Public Works Director is requesting authorization from the City Council to pre- pare detailed plans and specifications which will be reviewed by the Council in further detail during March. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 394 (Yankee Doodle Reservoir Repainting) and approve the preparation of detailed plans and specifications for Contract 84-4. E 0 Cl REPORT ON REPAINTING of 5.0 M.G. YANKEE DOODLE .WATER RESERVOIR PROJECT No. 394 FOR EAGAN, MINNESOTA e /� Comma 49295 / Bmeawo, Rodeos, 4wde4 lia & 4"aalated, ,/ /� m em �. • 84 pool, Mlw�oaaJa 9 Yours very truly, BONESTROO, ROSENE, ANDERLIK b ASSOCIATES, INC. 4Z4A-- - W,60A--e Robert W. Rosen RWR:mb i�ca Tvl a • bae�, Keith A. Bachmann KAB:mb I hereby certify that this Report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Robert W. Rosene, P.E. Date: Feb. 8 1984 Reg. No. 3488 • Approved by , Nomas A. Colbert, P.E. Director of Public Works Date: 9249b �� Ba A« � A66RMf0{P�J JK�i. Germ R. Ca P.E n, E A. Gordado P. Uro G- Bmmnaa. P.E. Tkamm E. Na}at P.E Th n li G RoE W. Roue. P.E. Rkkad W. Fina. P.E. J. h C Artderfa, P.E Ra G. srhunlafR. P.E 2395 *J.. 9....i 4( V 36 6,.#.d A. LrMM. P.E. Mb. L Sar.afa, P.E. Rflftd E. Tomer, P.E St. P.14 AfA".,_ 61113 Jame C. ohm. P.E. Dwa C. ftw di. P.E. Jaz A. Rwdan. P.E. PA...- 612.636.4600 Mina A. Nevin, P.E Td R. f .. RE Mkk T. Raufmmm, P.E February 8, 1984 R.hm R. fflwm. P.E D"W L.otam. P.E Cla A. Edrh�. Honorable Mayor and Council NM4m M. Ghm City of Eagan 3830 Pilot Knob Road Eagan, Mo. 55121 Re: Repainting of 5.0 M.C. Yankee Doodle Water Reservoir Improvement Project 394 Our File No. 49295 Dear Mayor and Council: Transmitted herewith is our report for the repainting of 5.0. M.G. Yankee Doodle Water Reservoir, Project 394. This report studies the paint coatings of the above referenced reservoir and discusses the feasibility of replacing the exterior paint system. • 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, BONESTROO, ROSENE, ANDERLIK b ASSOCIATES, INC. 4Z4A-- - W,60A--e Robert W. Rosen RWR:mb i�ca Tvl a • bae�, Keith A. Bachmann KAB:mb I hereby certify that this Report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Robert W. Rosene, P.E. Date: Feb. 8 1984 Reg. No. 3488 • Approved by , Nomas A. Colbert, P.E. Director of Public Works Date: 9249b �� • SCOPE: This project provides for the repainting of the exterior of the 5.0 million gallon water reservoir. This reservoir is located along Yankee Doodle Road, just west of State Highway 149. FEASIBILITY AND RECOMMENDATIONS: The subject project is feasible from an en- gineering.standpoint. It is most effectively bid as a single project. DISCUSSION: The 5.0 M.G. Yankee Doodle Road water reservoir was constructed and originally painted in 1971. The reservoir has not yet been repainted. In 1980, this reservoir was completed drained and thoroughly inspected. This inspection indicated deterioration of the exterior surface painting. The interior paint system, however, had not yet deteriorated to any significant degree. Tiny paint blisters were evident, but no peeling or flaking of the existing paint system had occurred. • Our recent inspection of this reservoir site confirmed that the exterior paint coating has significantly deteriorated. Among the more noticeable signs • of this situation is a large amount of rust formation on the relatively flat tank roof, and rock chips and carved graffiti on the sides. The coating on the tank interior as observed from the manhole in the top appears to still be in quite good condition. It is recommended that only the exterior tank coating be replaced with this project. In light of the relatively good condition of the tank interior coating and the continued use of an effective cathodic protection system which minimizes corrosion, it is believed that significant additional life is attainable from the existing interior coating. Page 1. 9249b • We do recommend, however, that the interior be inspected annually to de- termine when recoating will be required. Recoating will probably be required in another 3 to 5 years. The original tank exterior coating system was a Tnemec No. 77 Chem -Prime metal primer followed by two coats of Tnemec Exterior Tnemec-Gloss Enamel. The total dry paint thickness was checked and found to range from 4 - 6 mils. The total thickness averaged just slightly over 4 mils. Due to the severly deteriorated condition of the existing coating, it is recommended that the entire exterior tank surface be given a commercial sand blast cleaning to remove the present coating system and prepare the surface for proper paint application and adherance. It is further proposed that a new coating system consisting of two epoxy- • polyamide prime coats followed by a finish coat of an aliphatic polyurethane enamel be applied to the tank exterior. This proposed paint system is superi- or to the existing paint system. It is designed to provide high resistance to abrasion and corrosion, to provide long-term retention of initial color and gloss, and to provide easy removal of graffiti. This is the same exterior paint system as that used on both the 2.0 M.G. Cliff Road reservoir and the 4.0. M.G. Safari Pass reservoir. Currently, the City name "Eagan" is not painted on this reservoir. Prior to development of the repainting project specifications, it is recommended that the Eagan City Council determine whether it wishes to have "Eagan" painted on the reservoir as part of this project. Relative to project scheduling, this reservoir repainting was originally planned for the 1983 construction season. It was moved back to the 1984 con - 40. struction season to allow the new 4.0 M.G. Safari Pass reservoir to effective - Page 2. 9249b 12 0 • • ly increase Eagan's total water storage capacity and to minimize, as much as possible, the impact of taking the 5.0 M.G. reservoir out -of service for the repainting period. The timing of this project within the construction season is very criti- cal. It is essential that this water reservoir be operational during the hot, dry months in which water usage is greatest. Therefore, it is recommended that the project commence as early in spring as weather permits, and that the project completion date be set at June 15, 1984. It is also recommended that substantial liquidated damages be specified to ensure that this project is ex- pedited. COST ESTIMATE: The project costs are included below. It is anticipated that this project would be bid on a lump sum basis. Exterior Sand Blasting and Repainting $42,000 + 5% Contingency 2,100 $44,100 + 27% Legal, Engr., Admin. 6 Bond Interest 11,900 ESTIMATED PROJECT COST ................ $56,000 The estimated project cost includes 5% contingencies and 27% for legal, engineering, administration and bond interest. ASSESSMENTS: It is assumed that no assessments will be levied for this proj- ect as it is an expected periodic maintenance item of the water storage system. REVENUE: It is assumed that the entire cost of this project will be covered by the water system renewal and replacement fund. 9249b Page 3. 13 • PROJECT SCHEDULE • • Present Feasibility Report Approve Plana 6 Specifications Open Bids Award Contract Construction Completion Page 4. 9249b %4— February 21, 1984 March 6, 1984 March 30, 1984 April 3, 1984 June 15, 1984 E • International 0 Aviation Obetrc_____ _ ELEVATION • I PROJECT No. 894 5.0 M.O. YANKEE DOODLE WATER RESERVOIR COMM. 49295 RONESTROO, ROSENE, ANDERLIK, & ASSOC., INC NO SCALE 1984 • Agenda Information Memo February 21, 1984 City Council Meeting Page Six \J • KNIGHTS OF COLUMBUS BINGO LICENSE E. Knights of Columbus for Bingo License on 4-6-84 -- Mr. Joe Merlo and Mr. Don Wilson O'Grady (Bingo Manager) are requesting a bingo license on behalf of the Knights of Columbus for a special event on April 6, 1984, from 7:00 to 10:00 p.m. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a bingo license for the Knights of Columbus. Special Note: The City Council has asked in the past that all gam- bling license applications be made available for their inspection. Therefore, a copy is included without page number for their review and is available to the public upon request. /to Agenda Information Memo • February 21, 1984 City Council Meeting Page Seven PROJECT 398/ORDER FEASIBILITY REPORT & PLANS F. Project 398, Receive Petition/Order Feasibility Report & Plans (Suncliff 2nd Addition - Streets & Utilities) -- The City has re- ceived a peititon from the developer of the Suncliff Addition (Ad- vance Developers, Inc.) requesting the City to proceed with a public contract for the installation of streets and utilities to service the remainder of their Suncliff Development (2nd Addition). In addition to requesting the feasibility report and public hearing, they have waived their rights to a public hearing, guaranteed all costs associated with the preparation of the feasibility report and plans and request that the Council authorize a simultaneous preparation of detailed plans and specifications with the feasi- bility report to expedite the public improvement contract process. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition from Advance Developers, Inc., and authorize the preparation of a feasi- bility report for Project 398 and the preparation of detailed plans and specifications. • • 17 Agenda Information Memo • February 21, 1984 City Council Meeting Page Eight 0 PROJECT 349/BLUE GENTIAN ROAD A. Project 349, Blue Gentian Road (Streets -Storm Sewer) -- During 1983, MnDOT started finalizing the construction plans for the easterly extension of I-494 and its interchange with T.H. 149 (Old Dodd Road). Due to the configuration of this interchange, it was necessary to relocate Blue Gentian Road further to the south. Sub- sequently, segments of West Blue Gentian Road and East Blue Gentian Road will be upgraded to City standards. Subsequently, the City Council authorized the preparation of a feasibility report to dis- cuss the benefits associated with the relocation and upgrading of East and West Blue Gentian Roads. On January 17, the City Council formally received the feasibility report for Project 349 and scheduled the public hearing to be held on February 21. Enclosed on pages 19-35 is a copy of the feasi- bility report for your reference during the public hearing. All notices have been published in the legal newspaper and sent • to all property owners who would be affected by this proposed im- provement. With the tight time frame associated with the progression of I-494, It is important that this project be approved or denied on February 21 so that MnDOT can proceed with the advertisement for bids and subsequent contract award during March. Thd Director of Public works and Consulting Engineer will be availa- blej to discuss the details associated with this project at the pub- lic it ACTION TO BE CONSIDERED ON and approve or deny Project SeM;er) . .I �I • THIS ITEM: To close the public hearing 349 (Blue Gentian Road - Streets & Storm R Agenda Information Memo 0 February 21, 1984 City Council Meeting • Page Nine PROJECT 372/I -35E STREETS 8 UTILITIES B. Project 372, I -35E (Streets & Utilities) -- During the past several years, as the progression of I -35E through the City of Eagan became more of a reality, the Public Works Director and Consulting Engineer worked very closely with MnDOT to evaluate the impact of this interstate through our community in relationship to relocation of existing and construction of future streets and utilities. As MnDOT's plans became more finalized, the City and the Consulting Engineering firm were able to evaluate the needs for streets and utility installation and subsequent benefit derived from adjacent properties. Subsequently, a detailed feasibility report was prepared incorpora- ting all proposed improvements associated with I -35E from Diffley Road to just south of the Lone Oak Road interchange. Due to the length of this 75 -page report, it is enclosed in your packets as a separate document without page numbers for use during the public hearing. All notices have been published in the legal newspaper and sent • to property owners who would be assessed for the benefits received from the improvements associated with this project. It is proposed that all construction associated with this project would be per- formed by MnDOT under a cost participation agreement. Due to the tight time schedules associated with the construction of this sec- tion of I -35E, it becomes important for the Council to take action on this project at the public hearing on February 21 so that MnDOT can proceed with the advertisement for bids for a contract award in March of 1984. n U Enclosed on pages 3 % through 'NJ is a letter received from Leo Murphy concerning this agenda item. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve, deny or modify Project 372 for the installation of streets and utilities associated with I -35E. 3( • � ' M�ye r a..,d Ea paw E..'rj a,�<.�, �.' 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Hr a ar 7 S i S t / / / • ce4 ,ec e55 to .Y4 e STfcG'r e, r,fe_ /,1•ebesLd Mr*h�,Ay Mr plepeFty caaT t�r b�l•e�� ,r�cF s� )�,, c) rk¢ p r.� erry o -A, �r T/rd7 76's STt'reT S c�s•s'f r•�cteA 7-1 �r y.p!< s..eWr ,••• of trzS�r,c dc/asS (z) 7H• i k,,// 4ey,craic a lr,9b FG4 orT of *l+e fi ke t;e -r %cat•a-t of Oc�r,ovot/ pr. �3} Y4iy A:gk o&.'-//eo�rsrdet- d6/e ;k ei eases `t �aiae ar[ d,'r po//u trok a +rL ifa�fi e-6 esY•a> o h j. / o/seFrr t4i s k ¢vr. ...: �l off- e- Fe- 76c da/rve o� yx� /of5 a/ckq Al Glc 5r, �) rAG Kf�war Dep j. pi�wf to F].ye /M 4r ST�.Pff, d bn yv_ 7 )r It So KYir/ G¢ktriJ/ /.,r7 a4 plop er%j' t4a Fe- iS Con 5,/stay/a_.,5 ile F4.,A. Tris /.r t4e `IC/o ek- r6 14C rtiesT r]./d .may ak,rA¢r d fr. r be/,e ✓e-, 'baa k a.7e ade-eve,` 6 1b ?A e. • s th west- parr of >nr p/-0/Ge�ty / 7'ku s pr ca f/y C.-yeGl,c; et ,DceE - •• 11A0h/ !y(Khfky ,, ,If atse feJ.tct AoccePSS, �) Cyghys Ajre (Fw/c! t/,zr rdaFe d?k „er ssess�e.,r Agenda Information Memo February 21, 1984 City Council Meeting • Page Ten CITY CODE UPDATE A. City Code Update -- The original ordinance codification was adopted effective January 1, 1983, when the first City Code was formally implemented for the City of Eagan. Because of legislative changes that occurred in 1983, the adoption of new City legislation (ordinances) and a proposal to amend or adopt new legislative ordinances,the City Administrator proposed an update of the City Code. Upon City Council authorization the City staff, specifically the City Administrator, Director of Finance, and Admin- istrative Assistant in charge of the City Clerk Division of Finance, have met with the City Attorney's office and Mr. Roger Jensen to review all chapters of the City Code and discuss Minnesota legisla- tive changes, City ordinance changes, and proposed City legislation. Mr. Jensen has codified all the revisions for the City Code which includes all the changes that would occur for a reason referenced above. The City Administrator has attempted to recognize the intent of the City Council by keeping any and all ordinance amendments that may attract a significant change in public policy out of the ordinance codification. Those ordinances must be reviewed and adopted as a separate agenda item and if approved, would be incor- porated in a future City Code revision. Enclosed is a copy of • a memorandum from Roger Jensen'soffice to the City that incorporates all the changes as previously discussed. The City staff will have a final meeting to review all the City Code revisions as proposed and any final changes will be shared with the City Council before any action on Tuesday. If there are any sections of the City Code revisions that the City Council would like additional information or discussion on, they could be further evaluated at a future workshop or City Council meeting. However, generally speaking, most of these changes either incorporate previous City Council action, action by the Minnesota Legislature or an intent by the City Council to incorporate some changes to the City Code. A copy of those City Code revisions are enclosed on pagesAro through -71 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the City Code revisions as presented by the City's codifier, Mr. Roger Jensen of Municipal Codifiers Inc. apP r W REVISION MEMO - EAGAN • February 13, 1984 TO: Liz Witt, Administrative Staff FROM: Lorraine E. O'Reilly, Codifier RE: 1984 City Code Revisions we herewith hand you ordinances amending Chapters 1, 3, 4, 5, 6, 8, 9, 10, 11 and 13 of the City Code. You will note that we have assigned numbers to these ordinances beginning with Ordinance No. 6 (which number had been assigned to a proposed ordinance but never adopted). Since Ordinance No. 10, 2nd Series was adopted and published, we have skipped that number and picked up with No. 11. The enclosed ordinances, together with the covering memo, should be reviewed by the City Administrator, the City Attorney, and other City staff as to their specific areas. If approved as drafted, the ordinances should then be submitted to the Council. After the ordinances have been adopted and published, please forward published copies to our office so that we are aware of any changes which have been made in the City's review. The revision pages will then be prepared by our office for insertion in the Code. • CHAPTER 1 Section 1.02, Subd. 13, has been amended to increase the penalty for a misdemeanor from $500.00 to $700.00 in accordance with the statute. CHAPTER 2 Ordinance No. 10, 2nd Series, will be incorporated into the Code in preparing the revision pages. CHAPTER 3 Subdivision 1 of Sec. 3.05 has been amended as requested, but the requirement for "written" permission has been retained in Subd. 7, Subparagrah B, as requested. No change has been made in Sec. 3.20, Subd. 1, as to shutting off water service due to delinquency since this is covered in the general provisions of Sec. 3.05, but Subdivi- sions 4, 9 and 10 are amended to reflect requested changes by the City as to additional water valve requirements, providing for a City policy as to unmetered service, and that all water meters shall be purchased from the City. CHAPTER 4 •Section 4.01 has been amended to adopt the latest edition of the Uniform Building Code and optional appendices. Section 4.10 has been revised in its entirety to comply with the 1983 statute and also to provide for a hearing and an owner's permit, as well as the permit to -1- 40 use the streets, as requested. This amendment should be specifically •reviewed by the Building Inspector for any comments he may have. Subdivision 3, Subparagraph C of Sec. 4.20 has been amended to also restrict signs within specified distances from railroad rights-of-way. Ordinance No. 3, 2nd Series, which also amends Sec. 4.20, will be incorporated in preparing the revision pages. A new Sec. 4.60 is provided for which allows construction headquarters, temporary structures and storage areas until 858 of the units in the plat have been developed. CHAPTER 5 Definition of club and fraternal club have been amended in accordance with the 1983 statute which changed the required term of existence from ten years to three. while Ordinance No. 5 amended Sec. 5.13 to change the effective date, this Section was further reviewed at the conference. Subdivision 2 presently exempts only temporary beer licensees from the requirements of this Section. Due to legislative amendments to this statute in 1983, the establishment of exemptions by other beer as well as on -sale wine licensees can be proven by affidavit, and therefore ease the burden of the City to require proof of eligibility for such exemption. We are therefore inserting the exemption to include on -sale beer licensees with sales of less than $10,000, off -sale beer licensees with sales of less than $20,000, and on -sale wine licensees with sales of less than $10,000. We specifi- cally call your attention to these added exemptions since it was felt at the conference that this should be a Council decision. While Sec. 5.34 was amended .by Ordinance No. 5, it has been revised to delete references to "non -intoxicating malt liquor", since "beer" is so defined in Section 5.01. Subdivision 1 of Sec. 5.52 has been amended to remove the alternative of liability insurance (mandatory requirement in Sec. 5.13), and adds Subd. 14 to allow an off -sale licensee to provide free samples in accordance with Chapter 259 of the 1983 Laws. The on -sale wine license fee has been changed to $200.00 for an annual license and $100.00 for a Sunday license. The prohibi- tion in Sec. 5.80 as to consumption and display has been repealed and new Sec. 5.81 inserted which provides for an annual consumption and display license. The fee to be paid to the City is $300.00. In addition, the applicant is required to pay a fee of $100.00 to the State of Minnesota. Section 5.14 is also a new Section which we strongly recommend be added to the general provisions at the beginning of this Chapter. You will note that it requires thirty days notice to the City prior to cancellation. It is our feeling that the ten day notice period is insufficient since it does not allow ample time to give notice and hold a hearing as to action to be taken on the license. CHAPTER 6 The definiton of a kennel has been amended to provide for "four or more dogs or cats" rather than three. Ordinance No. 4 amending Sec. •6.42 as to construction, alteration or repair of buildings will be incorporated in preparing the revision pages. -2- it l CHAPTER 8 Adoption of MSA Chapter 169 has been updated to amend through Laws 1983. CHAPTER 9 Section 9.16 has been amended to update in accordance with Chapter 24 of the 1983 Laws which prohibits obstructing access to a handicapped parking space, requires visible sign -posting and non-movable signs, and authorizes tagging on private and public property. CHAPTER 10 Ordinance No. 2 prohibiting trapping will be inserted in preparing the revision pages. Dangerous weapons or articles, due date of dog and cat licenses and curfew have been amended in Sections 10.10, 10.11 and 10.30. The requested ordinance relating to building security and fire alarm systems has been inserted as Sec. 10.43 with some revision to follow the format of the City Code. CHAPTER 11 The definition of Planned Development from proposed Ordinance No. 7 has been inserted in Sec. 11.03, as well as the definition of setback. Subdivision 26 of Sec. 11.10 has been amended to correct confusing language and the references to the Industrial Districts have been •changed in Sec. 11.20, as requested. Day care special permits have been repealed in the Agricultural and Residential Districts as provided in proposed Ordinance No. 6, and on -sale wine and 3.2 beer as a conditional use in the I-1 Industrial District inserted.: The typo error on Page 397 will be corrected in typing the revision pages. CHAPTER 13 The Council waiver has been amended in Sec. 13.02, Subd. 2, in accordance with proposed Ordinance No. 13. Amendments to Sections 13.10 and 13.30 have been inserted as requested. CHAPTER 25 Ordinances numbered 101, 102 and 103 will be inserted in preparing the revision pages, as will Ordinance No. 1, 2nd Series, which adopted the codification. c: Dave Keller, City Attorney • -3- 4Z • • is ORDINANCE NO. 6, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 1 ENTITLED "GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE INCLUDING PENALTY FOR VIOLATION" BY CHANGING THE PROVISION RELATING TO PENALTY FOR A MISDEMEANOR, AND MAKING THIS ORDINANCE APPLICABLE TO EVERY CHAPTER, SECTION OR OTHER PROVISION OF THE EAGAN CITY CODE. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. The definition provided for in Section 2 of this ordinance shall apply to each and every provision of the Eagan City Code which is a misdemeanor. Section 2. Eagan City Code, Section 1.02 entitled "Definitions" is hereby amended by changing Subd. 13 to read: Subd. 13. "Misdemeanor" means the crime for which a sentence of not more than ninety (90) days or a fine of not more than $700.00, or both, may be imposed. Section 3. This ordinance shall be applicable to every Chapter, Section or other provision of the Eagan City Code. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: ■ • • • ORDINANCE NO. 8, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 3 ENTITLED "MUNICIPAL AND PUBLIC UTILITIES - RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS" BY CHANGING PROVISIONS RELATING TO BILLING AND DELINQUENT PAYMENT OF MUNICIPAL UTILITY CHARGES, WATER SERVICE PIPES AND METERS, AND UNMETERED SERVICE; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 3.05 entitled "Rules and Regulations Relating to Municipal Utilities" is hereby amended by changing Subd. 1 to read: .Subd. 1. Billing, Payment and Delinquency. All municipal utilities shall be billed monthly or quarterly and a utilities statement or statements shall be mailed to each consumer. All utilities charges shall be delinquent if they are unpaid at the close of business day on the due date shown on the billing. A penalty of ten per cent (10%) thereof shall be added to, and become part of, all delinquent utility bills. If service is suspended due to delinquency it shall not be restored at that location until a reconnection charge has been paid for each utility reconnected in addition to amounts owed for service and penalties. Section 2. Eagan City Code Section 3.20 entitled "Rules and Regulations Relating to Water Service" is hereby amended by changing Subdivisions 4, 9 and 10 to read: Subd. 4. Service Pipes. Every service pipe must be laid in such manner as to prevent rupture by settlement. The service pipe shall be placed not less than seven feet below the surface in all cases so arranged as to prevent rupture and stoppage by freezing. Frozen service pipes between the curb stop and the building shall be the responsibility of the owner. Service pipes must extend from the curb stops to the inside of the building; or if not taken into a building then to the hydrant or other fixtures which they are intended to supply. A valve, the same size as the service pipe, shall be placed close to the inside wall of the building, ahead of the meter and well protected from freezing and at the property or public utility easement line flush with the finished grade or surface elevation and fully accessible and operable by City authorized personnel. Joints on copper tubing shall be flared and kept to a minimum. Not more than one joint shall be used for a service up to seventy feet in length. All joints shall be left uncovered until inspected. Minimum size connection with the water mains shall be 3/4 inch in diameter. Subd. 9. Unmetered Service. Unmetered service may be provided in accordance with a duly adopted and uniformly enforced policy. -1- 44 • Subd. 10. Water Meters. All water meters shall be purchased from the City and installed and maintained by the property owner. All new water meter installations and replace- ments shall be installed with an outside remote reader which shall be purchased, installed and maintained by the property owner. All water meters shall remain under the control and shall also remain the property of the City. All required repairs to faulty water meters and/or outside remote readers shall be performed by the City, with the exception that whenever a meter or outside remote reader has been damaged due to negligence on the part of the user, all costs associated with the removal, repair and installation of a new meter shall be the responsibility of the user. • Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 3.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Mayor Date Ordinance Published in the Eagan Chronicle: -2- 450 • ORDINANCE NO. 9, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 4 ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULA- TION, INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARKS" BY CHANGING PROVISIONS RELATING TO ADOPTION OF STATE BUILDING CODE BY REFERENCE, BUILDING MOVING RULES AND REGULATIONS, AND PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS; BY ADDING A PROVISION AS TO CONSTRUCTION HEAD- QUARTERS AND MATERIAL STORAGE AREAS; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 4.01 is hereby amended to read: SECTION 4.01. BUILDING CODE ADOPTED. The Minnesota State Building Code (SBC), including Appendix C -Technical Organizations; also, (1) Flood Proofing Regulations, Sections 201.2-208.2; (2) 1982 Uniform Building Code, Chapter 1 -Life Safety Requirements for Existing Buildings, Chapter 7 -Covered Mall Buildings, Chapter 55 -Membrane Structures (air -inflated structures), (3) Minnesota Plumbing Code Appendix C -Guide for Sizing the Water Supply System, Appendix D -Sizing the Building Water Supply System; and, (4) 6 MCAR, Sec. 4.8040 -individual • Sewage Treatment Standards by the Minnesota Pollution Control Agency, are hereby adopted by reference as though set forth verbatim herein. One copy of said Code shall be marked CITY OF EAGAN - OFFICIAL COPY and kept on file in the Protective Inspections Department and open to inspection and use by the public. SEC. 4.10. PERMITS AND SPECIAL REQUIREMENTS FOR MOVING BUILDINGS. Subd. 1. Definition. "Street" or "Streets" as used in this Section means all streets and highways in the City which are not State trunk highways, County State -aid highways, or County roads. Subd. 2. Moving Permit Required and Application. A. It is unlawful for any person to move a building on any street without a moving permit from the City. B. The application for a moving permit shall state the approximate size and weight of the structure or building proposed to be moved, together with the places from and to which it is proposed to move the same, and proposed route to be followed, proposed dates and times of moving and parking, and • the name and address of the proposed mover. Such application -1- 46 shall also state any municipal utility, street, and public • property repairs or alterations that will be required by reason of such movement. C. Permit and Fee. The moving permit shall state date or dates of moving, hours, routing and movement. Permits shall be issued only for moving buildings by building movers licensed by the State of Minnesota. Fees to be charged shall be separate for each of the following: (1) a moving permit fee to cover use of streets and route approval, and (2) a fee equal to the anticipated amount required to compensate the City for any municipal utility and public property (other than streets) repairs or alterations occasioned by such movement. The latter shall be paid in advance. Subd. 3. The building mover shall: A. Use Designated Streets. Move the building over those streets only, which are designated for such use in the permit. B. Notify of Revised Moving Time. Notify the Protective Inspections Department in writing of any desired change in the date or times of moving the building from that indicated in the application and conduct moving operations only on the date and at the times designated in the application or approved in writing by the Protective Inspections Department and • notify the Police Department at least 24 hours prior to commencing movement of the building. C. Notify of Damage. Notify the Protective Inspections Department in writing of damage caused to property belonging to the City within 24 hours after the damage or injury has occurred. D. Display Lights. Cause warning lights or signals to be displayed during all times on each side of the building; while situated on a public street, in such manner as to warn the public of an obstruction, and at all times erect and maintain barricades across such streets as shall be necessary and in such manner as to protect the public from damage or injury by reason of the presence, movement or removal of the building. E. No Parking. Not park the building on any City street at any time during the moving process. F. Comply With Governing Law. Comply with the Building Code, the provisions of the City Code and all other laws. G. Pay Expense of Officer. Pay to the City the expense of any traffic officer ordered by the City Administrator • to accompany the movement of the building to protect the public from injury. -2- 4-7 Subd. 4. Owner's Permit Required and Application. A. It is unlawful for any owner of land in the City to or from which a building is to be moved to permit such movement without an owner's permit. B. Application. A person seeking issuance of an owner's permit shall file a written application with the City. If no moving permit is required under this Section, the application shall also include the address and legal description of the land on which the building is situated, and if within the City, to which it is proposed to be moved, the route, including identification of streets or roads over which it is to be moved, the distance, the proposed date of movement, and such other information as the City shall require for the determination to be made hereunder. The application shall not be accepted for filing unless accompanied by the following: 1. Evidence that all real estate taxes and special assessments against the building and land from which it is to be removed are paid in full. 2. A written statement, bill of sale or other written evidence that the applicant is entitled to move the building. 3. Written evidence of arrangements with all public utility companies whose wires, lamps or poles are required • to be removed, for the removal thereof by the applicant. 4. A cash deposit from the owner•—of—the—lot from which the building is to be moved in the sum of($1,000.00 as an indemnity to ensure completion of the following work: (1) capping the well; (2) abandoning sewerage system as required by the City; and (3) filling all excavations to grade, removing all rubbish, and leaving the premises in a safe and sanitary condition. 5. A cash deposit or letter of credit, the amount of which shall be 758 of the estimated cost, as determined by the City, to bring the building so moved into conformance with applicable Building Code requirements. A 6. Payment of the permit fee. 7. If the building is to be located within the City after its movement, a survey by a licensed surveyor of the land to which the building is to be moved, including the location of the building in relation to the boundaries of the land. 8. If the building is to be located within the City after its movement, photographs of (1) two or more views • of the building to be moved; (2) the lot on which the building is to be located; and, (3) the lands, and structures. thereon, adjacent to the lot on which the building is to be located. M C. Duties of the Protective Inspections • Department. Upon receipt of the application accompanied by the fee, deposit, statement and information required, the Protective Inspections Department shall review the application and make such investigation as shall deem appropriate. The Department shall also obtain the recommendation of the Chief of Police and City Engineer with respect to the streets on which the building may be moved to assure the greatest degree of safety to persons and property and to minimize congestion. Upon completion of the review and investigation, the Protective Inspections Department shall: 1. Deny the permit for moving a building to a location other than within the City, stating in writing one or more of the grounds stated in Subdivision 13 of this Section, or authorize issuance of a permit; or, 2. In all other instances, make its report to the Council. D. Council - Public Hearing. 1. Where applicant requests the moving of a building to a location within the City, the Council shall hold a public hearing on whether a permit shall be issued not later than 60 days after the application has been accepted for filing. Notice, including the time, date, place and purpose of the • hearing shall be given by publication and by mailing to the owners of real property situated within 500 feet of the land to which the building is to be moved at least ten days prior to the date of the hearing. Notice containing the same information shall be posted on the property to which the building is to be moved, not less than 30 days prior to the date of the hearing. Failure to give mailed notice or any defect in the notice shall not invalidate the hearing or any proceedings taken thereat. 2. Not later than five days after conclusion of the hearing the Council shall either deny the permit in writing stating one or more of the grounds stated in Subdivision 13 of this Section, or authorize issuance of a permit. E. The owner shall: 1. Clear Premises. Remove all rubbish and materials and fill all excavations to existing grades at the original building site, if within the City, so that the premises are left in a safe, neat and sanitary condition. All foundation structures shall be removed to a depth of 18 inches below the finished grade of the earth. 2. Remove Service Connections. Cause any sewer lines to be plugged, shut off, or removed if the original • site is within the City, in such manner as may be required by the City. -4- 4.1... • 3. Completion of Remodeling. If the building is relocated in the City, complete, within 90 days after removal, all remodeling, additions or repairs as indicated in the application, in any document filed in support thereof, or in any building permit issued in connection therewith. 4. Take all reasonable precautions to secure the building and to reduce danger to any member of the public until the building is set on its foundation and any remodeling, additions or repairs, described in the application, have been completed, including but not limited to, (1) locking all doors and windows; (2) providing sufficient support or bracing so as to stabilize the building to prevent it or any part thereof from sliding, slipping, falling or moving; and (3) erecting and maintaining a security fence or wall the base of which shall be no higher than four inches, and the top of which shall be at least four feet, above the surface of the ground and which shall enclose the entire building as well as the excavation for the foundation. Subd. 5. Liability to City. A. Holders of Permits Liable for Amounts Exceeding Deposit. The holder or holders of a permit shall be liable jointly and severally for any expenses, damages, or costs paid or incurred by the City as a result of the issuance of a is permit or the taking or failure to take any action required of the holder or holders of the permit or the City hereunder. • B. Retention of Cash Deposita The City may take or. cause to be taken any of the following actions and may retain so much of the cash deposit necessary to reimburse itself for any costs or expenses incurred as a result thereof: 1. If the City in its sole discretion determines that the premises from which, or to which the building is to be moved, if within the City, or the movement of the building on streets is unsafe or constitutes any other unsafe condition, the City in its sole discretion may, but shall not be required to, take or cause such action to be taken to eliminate such unsafe condition or conditions as it shall deem appropriate. 2. If the premises from which the building has been removed are within the City and such premises are left in an unsafe or unsanitary condition or the provisions of this Section with respect to such premises have not been complied with, the City may, but shall not be required, in its sole discretion, to take or cause such action to be taken to remedy such unsafe or unsanitary condition and to place the premises in such condition as to be in compliance with this Section. -5- so Subd. 6. Fees and Deposits. Upon completion of the • moving of a building pursuant to a permit, the amount which the applicant has deposited in conjunction with the filing of the application shall be returned to him, less all amounts which any holder of a permit shall or may become liable to the City and which the City may retain under any provision of this Section. The permit fee paid upon filing of the application shall not be returned. Subd. 7. Council Review. A. The Council may on its own motion elect to review any decision of the Protective Inspections Department denying issuance of a permit. The denial of a permit may be appealed by the applicant as any other administrative decision. B. A hearing on the election to review or appeal shall be heard by the Council no later than 30 days after the election to review has been made. The Council may affirm, reverse or modify the action. Subd. B. Moving Hours. No person shall move any building on any street at any time other than during the hours of 1:00 o'clock A.M. to 5:30 o'clock A.M. Subd. 9. Moving Days. Any person moving a building through the City for which a permit shall not be required shall • move such building through the City within a period of no more than seven (7) days. Subd. 10. Conditional Permits. Any permit granted under the terms of this Section may have attached thereto written conditions which shall be strictly adhered to by the permittee. Subd. 11. Building Permits and Certificates of Occupancy. A. Whenever an application is made to move a building which would not, after moving, comply with all then - current building codes or if changes are required or contemplated, contemporaneously with such application a separate building permit shall also be applied for. B. No moved building, whether or not a separate building permit is required under Subparagraph A of this Subdivision, shall be occupied before the City makes its final inspection. Subd. 12. Building Mover Endorsement. No permit to move a building shall be granted to the owner unless it is endorsed by a building mover licensed by the State, acknowledging that he knows the contents of this Section and agrees to be bound • hereby and by all conditions placed upon such permit relating to hours, routing, movement, parking and speed limit. -6- .S1 Subd. 13. Denial of a Permit. Any permit under this • Section shall be denied upon a finding of any one of the following: A. Applicant has not complied with any requirement of this Section; B. Persons or property in the City would be endangered by moving the building, because of shape, size, route, or for any other reason; C. The building is in such state of deterioration or disrepair or is otherwise so structurally unsafe that it would constitute a danger to persons or property in the City; D. The building is structurally unsafe or unfit for the purpose for which moved, if the location to which the building is to be moved is in the City; E. The equipment for moving the building is unsafe and persons and property would be endangered by its use; F. The building or its use would not be in compliance with zoning, building codes or other provisions of the City Code, if the location to which the building is to be moved is in the City; or, • G. If the location to which the building is to be moved is in the City, the building is in substantial variance with either the established or the expected pattern of building development within the neighborhood to which the building is to be moved. Comparative age, bulk, architectural style and quality of construction of both the building to be moved and the buildings existing in the neighborhood shall be considered in determining whether a building is in substantial variance. If the building to be moved is more than ten years older than the oldest building situated on the lands abutting the land to which the building is to be moved, such fact shall be evidence that the building to be moved is in substantial variance. Section 3. Eagan City Code Section 4.20 entitled "Placement, Erection and Maintenance of Signs" is hereby amended by changing Subparagraph C of Subd. 3 to read: C. Location to Street and Railroad Right -of -Way. No sign shall be located nearer than ten feet from any street, highway or railroad right-of-way, except only residential name signs which are attached to mail boxes, lamp posts, or the like. No advertising sign shall be located nearer than twenty feet from any street, highway or railroad right-of-way. Section 4. Eagan City Code Chapter 4 is hereby amended by adding . a Section to read: -7- Q k SEC. 4.60. CONSTRUCTION HEADQUARTERS AND MATERIAL STORAGE . AREAS - PERMITTED AND UNLAWFUL ACT. Notwithstanding any other provision of the City Code, a construction headquarters temporary structure, or area, shall be allowed in any residential plat then being developed. Such structure and/or storage materials shall be removed within thirty days after final City inspection of 85 per cent of the total number of dwelling units in such plat. It is unlawful for any person to fail to timely remove any such structure or materials. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: CITY OF EAGAN CITY COUNCIL By: • Its Clerk • Date Ordinance Adopted: Its Mayor Date Ordinance Published in the Eagan Chronicle: -8- 53 ORDINANCE NO. 11, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 5 ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULA- TIONS" BY CHANGING PROVISIONS AS TO DEFINITION OF CLUBS, FINANCIAL RESPONSIBILITY OF LICENSEES AND EXEMPTIONS, HOURS OF BEER SALES, AND LIQUOR AND ON -SALE WINE LICENSE RESTRICTIONS AND REGULATIONS; BY ADDING A PROVISION AS TO INSURANCE REQUIREMENTS AND CONSUMPTION AND DISPLAY, AND REPEALING A PROHIBITION OF CONSUMPTION AND DISPLAY; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 5.01 entitled "Definitions" is hereby amended by changing Subdivisions 15 and 16 to read: 15. "Club" means any corporation duly organized under the laws of this State for civic, fraternal, social, or business purposes or for intellectual improvement or for the promotion of sports, or a congressionally chartered veterans organization, which shall have more than fifty members, and shall, for more than a year, have owned, hired, or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a • Board of Directors, Executive Committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents, or employees are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club,. or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the Directors or other governing body. Such club or congressionally chartered veterans organization must be incorporated and must have been in existence for at least three years. 16. "Fraternal club" means a club which serves only members and their guests and which uses any profits derived from liquor sales principally for sponsoring activities beneficial to the community and not for the profit of any individual. Section 2. Eagan City Code Section 5.13 is hereby amended to read: SEC. 5..13. FINANCIAL RESPONSIBILITY OF LICENSEES. Subd. 1. Proof. No beer, wine or liquor license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility imposed by Minnesota Statutes, Section 340.95, by filing with the City a certificate that there • is in effect an insurance policy or pool providing minimum coverages of (1) $50,000.00 because of bodily injury to any one person in any one occurrence, and, subject to the limit for one -1- .S+ • person, in the amount of $100,000.00 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10,000.00 because of injury to or destruction of property of others in any one occurrence, and (2) $50,000.00 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $100,000.00 for loss of means of support of two or more persons in any one ,occurrence; Subd. 2. Exception. This Section does not apply to on -sale beer licensees with sales of beer of less than $10,000.00 for the preceding year, nor to off -sale beer licensees with sales of beer of less than $20,000.00 for the preceding year, nor does it apply to holders of on -sale wine licenses with sales of wine of less than $10,000.00 for the preceding year. An affidavit of the licensee shall be required to establish the exemption under this Subdivision. Subd. 3. Documents Submitted to Commissioner. All proofs of financial responsibility and exemption affidavits filed with the City under this Section shall be submitted by the City to the Minnesota Commissioner of Public Safety. Section 3. Eagan City Code Section 5.34 is hereby amended to read: SEC. 5.34. HOURS AND DAYS OF BEER SALES. No sale of beer • shall be made between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on any weekday, Monday through Saturday, inclusive. Neither shall any beer sale be made on any Sunday between the hours of 1:00 o'clock A.M. and 12:00 o'clock noon. Section 4. Eagan City Code Section 5.52 entitled "Liquor License Restrictions and Regulations" is hereby amended by changing Subd. 1, and adding Subd. 14, to read: 11 Subd. 1. Prior to issuance of any license the applicant shall file with the City a bond with a corporate surety, cash, or United States government bonds in the sum of $5,000.00 for an on -sale license and $3,000.00 for an off -sale license. Subd. 14. It is unlawful for an off -sale licensee to provide samples of wine, liqueurs, and cordials which the licensee currently has in stock and is offering for sale to the general public without obtaining an additional license, provided the wine, liqueur, and cordial samples are dispensed at no charge and consumed on the licensed premises during the permitted hours of off -sale in a quantity less than 50 milliliters of wine per variety per customer and 25 milliliters of liqueur or cordial per variety per customer. Section 5. Eagan City Code Section 5.70 entitled "On -Sale Wine" •is hereby amended by changing Subd. 2 and Subparagraph A of Subd. 3 to read: Subd. 2. On -Sale Wine License Fee. A. The annual on -sale wine license fee is $200.00. B. The annual Sunday on -sale wine license fee is $100.00. Subd. 3. A. Prior to issuance of any on -sale wine license the applicant shall file with the City a bond with a corporate surety, cash, or United States government bonds in the sum of $3,000.00. Section 6. Eagan City Code Section 5.80 entitled "Consumption and Display - One Day License" is hereby amended by repealing Subd. 1 entitled "Prohibition". Section 7.. Eagan City Code Chapter 5 is hereby amended by adding Sections to read: SEC. 5.14. INSURANCE CERTIFICATE REQUIREMENTS. Whenever an insurance certificate is required by this Chapter the applicant shall file with the City a certificate of insurance showing (1) that the limits are at least as high as required, (2) that coverage is.effective for at least the license term approved, and (3) that such insurance will not be cancelled or terminated without thirty days' written notice served upon the City. Cancellation or termination of such coverage shall be grounds for license revocation. SEC. 5.81. CONSUMPTION AND DISPLAY. Subd. 1. Definition. For purposes of this Section, the term "bottle club" is a "club" as defined in this Chapter, or an unincorporated society which, except for its lack of incorporation, otherwise meets the requirements of a club, and which is not otherwise licensed for the sale of liquor, either on -sale or off -sale or both. Subd. 2. Consumption and Display License Required. It is unlawful for any bottle club or for any business establishment to allow the consumption or display of liquor or the serving of any liquid for the purpose of mixing liquor without a license therefor from the City, but a bottle club as herein defined and licensed may permit its members to bring and keep a personal supply of liquor in lockers assigned to such members. • Subd. 3. Consumption and Display License Fee. The annual consumption and display license fee is $300.00. -3- MG Subd. 4. Consumption and Display Restrictions and • Regulations. A. Every bottle, container or other receptacle containing liquor stored by a member of a bottle club shall have attached to it a label signed by the member of the club, shall be kept in a locker designated to the use of such member, and no other liquor shall be on bottle club premises. B. It is unlawful for any club member under nineteen (19) years of age to be assigned a locker for the storage of liquor or to consume or display liquor on any premises under control by such club. C. It is unlawful to consume or allow consumption or display of liquor in any bottle club or business establishment between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M., nor between the hours of 1:00 o'clock A.M. and 3:00 o'clock P.M. on Memorial Day; nor between the hours of 1:00 o'clock A.M. and 8:00 o'clock P.M. on any primary, special, or general election day held in the City. D. No license shall be issued to any bottle club when a member of the board, management, executive committee, or other similar body chosen by its members, or when a business establishment or the owner thereof holds a Federal retail liquor dealer's special tax stamp for the sale of liquor. • E. Liquor sold, served or displayed in violation of this Section shall be subject to seizure for purposes of evidence. Subd. 5. Other Licenses. An on -sale liquor or wine licensee may also be licensed for consumption and display. Section 8. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 9. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: CITY OF EAGAN CITY COUNCIL By: Its Clerk Its Mayor • Date Ordinance Adopted: Date Ordinance Published in the Eagan Chronicle: -4- S7 • ORDINANCE NO. 12, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY CHANGING THE DEFINITION OF A KENNEL; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 6.38 entitled "Kennels" is hereby amended by changing Subd. 1 to read: Subd. 1. Defined. For the purpose of this Section, the term "kennel" means any place, building, tract of land, abode or vehicle, wherein or whereon a total of four or more dogs or cats, or combination, over six (6) months of age, are kept, kept for sale, or boarded. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 6.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. •Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. • ATTEST: CITY OF EAGAN CITY COUNCIL By: is Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the Eagan Chronicle: SO ORDINANCE NO. 14, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 8 ENTITLED "TRAFFIC REGULATIONS" BY CHANGING A PROVISION RELATING TO ADOPTION OF THE TRAFFIC REGULATION ACT BY REFERENCE; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 8.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. read: THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 8.01 is hereby amended to SECTION 8.01. MINNESOTA STATUTES, CHAPTERS 168, 169 AND 171 ADOPTED BY REFERENCE. Except as otherwise provided in this Chapter, or in Chapters 7 and 9 of this Code, the regulatory and procedural provisions of Minnesota Statutes, Chapter 168, Chapter 169 (commonly referred to as the Highway Traffic Regulation Act) and Chapter 171, as amended through Laws 1983, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. Section 2. Eagan City Code Chapter 1 entitled "General •Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 8.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. • Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: S1 0 0 L ORDINANCE NO. 15, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 9 ENTITLED "PARKING REGULATIONS" BY CHANGING THE PROVISION RELATING TO PHYSICALLY HANDICAPPED PARKING; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. read: THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 9.16 is hereby amended to SEC. 9.16. PHYSICALLY HANDICAPPED PARKING. Subd. 1. Statutory parking privileges for physically handicapped shall be strictly observed and enforced. Police officers are authorized to tag vehicles on either private or public property in violation of such statutory privileges. Subd. 2. It is unlawful for any person, whether or not physically handicapped, to stop, park, or leave standing, a motor vehicle (1) in a sign -posted fire lane at any time, or (2) in lanes where, and during such hours as, parking is prohibited to accommodate heavy traffic during morning and afternoon rush hours. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled 'Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: 0 ORDINANCE NO. 16, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 10 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY CHANGING PROVISIONS RELATING TO DANGEROUS WEAPONS AND ARTICLES, DOG AND CAT LICENSE FEES, AND CURFEW; BY ADDING A PROVISION AS TO FIRE, BURGLARY AND SAFETY ALARMS; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 10.10 entitled "Dangerous Weapons and Articles" is hereby amended by changing Subdivisions 5 and 8 to read: Subd. 5. Carrying and Transporting of Firearms. Except where otherwise specifically authorized by law, it is unlawful to carry any firearm unless it is unloaded and encased in a proper case or to transport any firearm in a motor vehicle unless it is in the trunk, unloaded, and encased in a proper case. In motor vehicles which do not have a trunk, it shall be in that portion thereof not designed for carrying passengers. • Subd. 8. Use of Bow and Arrow. It is unlawful for any person to shoot a bow and arrow except in the Physical Education Program in a school supervised by a member of its faculty, a community -wide supervised class or event specifically authorized by the Chief of Police, or a bow and arrow range, or such other place during such time or times as authorized by the Council. Section 2. Eagan City Code Section 10.11 entitled "Dog and Cat Regulation and Dog Licensing" is hereby amended by changing Subd. 5 to read: read: is Subd. 5. Period and Fees. All dog licenses shall expire on February 20 of each year and shall become delinquent on February 21 in each year or within six months after birth. All fees for the licensing of dogs and impounding of dogs and cats, including penalties for late application, shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such fees may from time to time be amended by the Council by resolution. A copy of the resolution setting forth currently effective fees shall be kept on file in the office of the City Clerk -Treasurer and open to inspection during regular business hours. Section 3. Eagan City Code Section 10.30 is hereby amended to • SEC. 10.30. CURFEW. Subd. 1. Curfew - Minors Under the Age of Sixteen (16). It is unlawful for any minor person under the age of sixteen years to be or loiter upon the streets or public places between the hours of 10:00 o'clock P.M. and 5:00 o'clock A.M. of the day next following. Subd. 2. Curfew - Minors Who Are Sixteen (16) or Seventeen (17) Years of Age. It is unlawful for any minor person sixteen or seventeen years of age to be or loiter upon the streets or public places between the hours of 12:00 o'clock midnight and 5:00 o'clock A.M. of the day next following. Subd. 3. Curfew - Parents and Guardians. It is unlawful for any parent, guardian, or other person having the legal care or custody of any minor person to allow or permit such minor person to be or loiter upon the streets or public places in violation of this Section unless such minor is accompanied by a person of lawful age having such minor person in charge. Subd. 4. Curfew - Places of Amusement, Entertainment or Refreshment. It is unlawful for any person operating, or in charge of, any place of amusement, entertainment or refreshment, • or other place of business, to allow or permit any minor person under the age of eighteen (18) years to be or loiter in such place in violation of this Section unless such minor is accompanied by a person of lawful age having such minor person in charge. This Subdivision shall not be construed to permit the presence, at any time, of any person under age in any place where his presence is otherwise prohibited by law. Subd. 5. Exceptions. Such curfew shall not apply to any students under the age of eighteen (18) years who are lawfully attending, going to or returning from school, church, or community sponsored athletic, musical or social activities or events. Section 4. Eagan City Code Chapter 10 is hereby amended by adding a Section to read: SEC. 10.43. FIRE, BURGLARY AND SAFETY ALARM REGULATIONS AND REQUIREMENTS. Subd. 1. Purpose. This Section regulates the use of fire, burglary and safety alarms for the purpose of preventing the public safety services from misuse of public safety alarms through frequency of false alarms. Subd. 2. Definitions. For the purpose of this • Section: A. "Alarm User" means the person using an alarm • system to protect his premises, regardless of whether he owns or leases the system. B. "Alarm System" means and includes any alarm installation designed to be used for the prevention or detection of burglary, robbery, or fire on the premises which contain an alarm installation. Automobile alarm devices shall not be considered an alarm system. C. "False Alarm" means the occurrence of an alarm in an alarm system for any reason other than an authorized intrusion or attempted robbery, or call to an existing fire. D. "Financial Institution" means a commercial bank, savings and loan association, credit union or establishment leasing safe deposit boxes. E. "Audible Alarm" means a device designed for the detection of smoke or fire or of an unauthorized entry on the premises, which alarm activates or generates an audible sound on or near the premises. F. "Calendar Year" means the period January 1 through December 31 of each year. G. "Residential Alarm User" means occupied housing units, residential homes and condominiums. H. "Non -Residential" means commercial, • industrial, business, State agencies, special purpose units of government, apartment complexes. Subd. 3. Regulations and Requirements. A. Alarm User Registration. Following the first false alarm within any calendar year, the alarm user shall fill out and return to the Police Department the "Alarm User Registration" form as provided within 30 days. B. False Alarm Statement of Correction. Following the sixth false alarm within the calendar year, the alarm user shall fill out and return to the Police Department within five days the "False Alarm Statement of Corrections". This form shall contain a detailed statement of the corrective actions the alarm user has taken to prevent additional false alarms,, and to notify alarm user of impending forfeitures should additional false alarms occur. C. Audible Alarms. All audible alarms shall meet the following requirements: 1. Every person maintaining an alarm system with an audible alarm signal shall post a notice containing the name and telephone number of a person to be notified to render repairs or service to such alarm system during any hour of the • day or night upon activation of such alarm system. Such notice shall be posted at the main entrance to such premises or near the alarm in such a position as to be legible from the ground level adjacent to the building. -3- 63 2. Alarm systems with audible alarm signals, • except for fire alarms, shall have an automatic shut-off which will silence the audible alarm signal within a period not to exceed 20 minutes. D. In-House.Annunciation Panel. Financial institutions having an alarm system with multiple sensors shall have an in-house annunciation panel providing specific annuncia- tion of the sensors at a private monitoring location on the premises. When, in the judgment of the Police Department, no such private monitoring location is possible upon the premises, the requirements of this Subparagraph D may be waived. Compliance with this Subparagraph D is required of all alarm systems installed in financial institutions after the effective date of this Section, and within one year from effective date of this Section for currently operating alarm systems. E. No person shall install an alarm system or use, monitor, and possess an operative alarm system which utilizes taped or prerecorded messages which deliver a telephone alarm message to the Police or Fire Departments. No automatic dialing services or systems are permitted in any form, including automatic dialing of the emergency number 911. F. Unlawful Act. It is unlawful for any person to fail or refuse to comply with the regulations set forth in • this Subdivision. Subd. 4. Schedule of Payment Rates. A. Residential users of alarm systems shall be permitted six (6) false alarms per calendar year and pay $50.00 per false alarm thereafter. B. Non-residential users of alarm systems shall be permitted six (6) false alarms per calendar year and pay $75.00 per false alarm thereafter. C. There is hereby established a ninety (90) day grace period for all newly installed alarm systems; all false alarms occuring during this period shall not be considered part of the six allowable false alarms per year. The installation date must be verified by a dated sales receipt for the alarm system, or a dated invoice from the installer of the alarm system. D. A false alarm is excused if prior written notification stating the exact time is given to the Police Department, and the alarm is activated for the purposes of, testing or upgrading the alarm system. E. All payments provided for in this Subdivision shall be made to the City within 30 days after mailing a • statement to the alarm user. Payments not made within 30 days are delinquent and a penalty of 108 of the amount due will be added. All delinquent charges and penalties shall be certified by the City Clerk to the County Auditor who shall prepare an • assessment roll each year providing for assessment of the delinquent amounts against the property of the delinquent alarm user. E PA F. Confidentiality. All information submitted in compliance with this Section shall be held in confidence and shall be deemed a confidential record exempt from discovery to the extent permitted by law. Subject to requirement of confidentiality, the Chief of Police may develop and maintain statistics for the purpose of ongoing alarm systems evaluation. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 10.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: Y • ORDINANCE NO. 7, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATION (ZONING)" BY CHANGING THE DEFINITION OF PLANNED DEVELOPMENT AND ADDING THE DEFINITION OF SETBACK; BY CHANGING A GENERAL PROVISION AS TO PLACEMENT OF HOUSE ON RESIDENTIAL LOT; BY RENAMING THE INDUSTRIAL DISTRICTS; BY REPEALING PROVISIONS FOR DAY CARE SPECIAL PERMITS IN THE AGRICULTURAL AND RESIDENTIAL,DISTRICTS; BY ADDING A CONDITIONAL USE AND CHANGING A REFERENCE TO THE PUBLIC FACILITIES DISTRICT IN THE LIMITED INDUSTRIAL DISTRICT; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 11.03 entitled "Definitions" is hereby amended by changing Item 57, and adding Item 78, to read: 57. "Planned Development" - An urban development developed according to an approved -overall plan (1) having two or more principal uses (within a single plat) without the necessary zoning to allow the uses in compliance with the existing zoning districts; or (2) having a single use which does not comply with • all of the restrictions of any one zoning,district. Planned Development zoning shall be allowed only where the Council determines that because of topography, location, design, public need, amenities, or for other similar reasons, the development represents good planning in relation to existing and proposed development in the area. 76. "Setback" - The minimal horizontal distance between a building and a street right-of-way or lot line. Section 2. Eagan City Code Section 11.10 entitled "General Provisions" is hereby amended by changing Subd. 26 to read: Subd. 26. Placement of House on Residential Lot. A. On all residential lots not served by public utilities which are at least twenty-four thousand (24,000) square feet in area and one hundred seventy (170) feet in width, all structures shall be placed so that the lot may be further subdivided in the future unless otherwise approved by the Council. (Subparagraph B remains the same) Section 3. Eagan City Code Section 11.20 entitled "Use Districts" is hereby amended by changing Subd. 1 to read: • Subd. 1. Classification. The following land use districts are hereby established under which all lands in the City shall be classified: -1- 66 • A - Agricultural District. E - Estate District. P - Public Facilities District. R-1 - Residential R-2 - Residential R-3 - Residential R-4 - Residential R-5 - Mobile Home Single District. Double District. Townhouse District. Multiple District. District. LB - Limited Business District. NB - Neighborhood Business District. GB - General Business District. CSC - Community Shopping Center District. RSC - Regional Shopping Center District. RB - Roadside Business District. I-1 - Limited Industrial District. I-2 - General Industrial District. R -D - Research and Development Park District. PD - Planned Development District. FP - Flood Plain District. Section 4. Eagan City Code Section 11.20 entitled "Use •Districts" is hereby amended by repealing Item 6 of Subd. 3, and Item 7, of Subd. 5, both relating to day care special permits in the Agricultural and Residential Districts. Section 5. Eagan City Code Section 11.20 entitled "Use Districts" is hereby amended by adding Item 14 as a conditional use under Subparagraph C, and changing Item 2 of Subparagraph D in Subd. 16 entitled "I-1 - Limited Industrial District", to read: C. 14. On -sale wine and 3.2 beer. D. 2. Whenever an "I-1" District abuts an Agricultural, Residential or Public Facilities District, a fence or compact evergreen hedge not less than six (6) feet in height, except adjacent to a street where it shall be not less than three (3) or more than four (4) feet, shall be erected and maintained in the front portion of the lot, along the side and rear property line that abuts said Agricultural, Residential or Public Facilities District whenever buildings or parking is located within 200 feet of said District. -2- 67 • 0 New P/A 1/8y Section 6. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 7. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: ORDINANCE NO. 13 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 13 ENTITLED "SUBDIVISION REGULATIONS (PLATTING)" BY CHANGING PROVISIONS AS TO COUNCIL WAIVER, REQUIREMENTS PRIOR TO FINAL PLAT AND RECORDING OF PLAT, MINIMUM WIDTHS FOR PRIVATE DRIVES, SIDEWALKS AND TRAILS, EASEMENTS, BUILDING LOCATIONS AND ELEVATIONS, CONSTRUCTION OF CITY -INSTALLED IMPROVEMENTS; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 13.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 13.02 entitled "Jurisdiction" is hereby amended by changing Subd. 2 to read: Subd. 2. Council Waiver. A. The Council, after review by the Planning Commission or after staff review and approval of duplex lot splits, may waive compliance with any of the provisions of this Chapter by adoption of a resolution after compliance with waiver provisions of this Chapter which resolution shall specify which provisions have been waived in any case: • 1. In which compliance will involve an unnecessary hardship and where failure to comply does not interfere with the purpose of this Chapter; or, 2. Where an improved plat can be achieved by deviation from certain provisions of this Chapter. B. A waiver may be granted without Planning Commission review only when the subdivision consists of a split of a duplex lot or lots with existing structures having individual utility services designed in accordance with standards imposed by the Council upon the original plat. Section 2. Eagan City Code Section 13.10 entitled "Application Procedures and Approval Process" is hereby amended by changing Item 5 of Subparagraph A and Item 3 of Subparagraph D of Subd. 5 entitled "Final Plat", to read: Subd. 5. A. 5. A determination on the method by which park dedication shall be satisfied for all plats. D. 3. Recording of Plat. It shall be the • responsibiity of the subdivider to file the plat with the Dakota County Recorder within sixty (60) days from final plat approval by the Council unless a time extension has been granted by the -1- 61 • Council. Failure to record the plat within the sixty day period shall render final plat approval by the Council null and void until a new application has been processed and approved by the City unless the Council has granted an extension of time in which the final plat shall be recorded. Section 3. Eagan City Code Section 13.30 entitled "Data and Design Standards" is hereby amended by changing Item 5 of Subparagraph B of Subd. 4 entitled "Street Design Standards", to read: B. Private Streets. 5. Minimum width for private drives as defined from face of curb to face of curb shall be as follows: NUMBER OF POTENTIAL TYPE OF MINIMUM WIDTH UNITS SERVED STREET (FACE TO FACE) 4 or less No curb and gutter 12' 5 - 8 Concrete curb 20' 9 - 20 Concrete curb 24' More than 20 Concrete curb and gutter 28' Through Streets Concrete curb and gutter 28' Section 4. Eagan City Code Section 13.30 entitled "Data and Design Standards" is hereby amended by changing Subd. 6, to read: • Subd. 6. Easements. A. Utility and drainage easements abutting public street rights-of-way or adjacent properties or centered on rear or side lot lines shall be at least ten feet (101) wide or wider as may be required by the City. B. Where a subdivision is traversed by a ponding area, water course, drainageway, channel or stream there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course and incorporating elevations as required by the City. C. Trails or pedestrian ways shall be shown as "trailways" on the final plat or as separate easements as the City may direct. D. All other easements of record and those required by the City as necessary to provide the required utilities to service the subdivision. Section 5. Eagan City Code Section 13.30 entitled "Data and Design Standards" is hereby amended by changing Subd. 9, to read: • Subd. 9. Building Locations and Elevations. (Refer to City Code Chapter 11 and the State Building Code adopted by reference in Chapter 4.) -2- 70 AJW 2/08by • Section 6. Eagan City Code Section 13.30 entitled "Data and Design Standards" is hereby amended by changing Item 1 of Subparagraph C of Subd. 15 entitled "Required Improvements", to read: is • 1. City -Installed Improvements. The developer may request the City to install the improvements. The developer shall submit a petition in the form prescribed by the City to the City Engineer requesting said installations. The Council may accept the petition and install the improvements and assess the cost in accordance with City policy and Minnesota Statutes, Chapter 429. This petition request shall include a requested method of assessment spreading (per lot, front footage, percentage ratios, etc). The applicant shall waive its rights to any and all public hearings required and agree to the acceptance of all costs associated with City -installed improvements provided that all benefited properties are assessed. The City installation of required improvements shall not provide for any overall site grading, but rather, shall be limited to required grading within dedicated easements and rights-of-way necessary to perform the installation of future public dedicated services as requested by the applicant. Section 7. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 13.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: -3- -71 • • is Agenda Information Memo February 21, 1984 City Council Meeting Page Eleven GEORGE NALL/KEEPING OF A HORSE A. George L. and Miriam M. Nall for the Keeping of a Horse on a 4h -Acre Parcel Zoned R-1 -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on January 24, 1984, to consider an application for the keeping of horses on a 4.50 -acre parcel of land zoned R-1, owned by George L. and Miriam M. Nall located at 3960 pilot Knob Road. The Advisory Planning Commission is recommending denial of the variance request. For additional information on this item, refer to the City Planner's report, a copy is enclosed on pages-7�_through� -77 For action that was taken by the Advisory Planning Commission, refer to page or pages 79K through -79. ACTION TO BE CONSIDERED ON THIS ITEM: To approve mendation of the Advisory Planning Commission to George Nall to keep a horse on a parcel zoned R-1. or deny the recom- allow Mr. & Mrs. e • CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: GEORGE L. & MIRIAM M NALL LOCATION: SW; OF THE NA OF SECTION 22 EXISTING ZONING: R-1 (RESIDENTIAL SINGLE DISTRICT) DATE OF PUBLIC HEARING: JANUARY 24, 1984 DATE OF REPORT: JANUARY 19, 1984 REPORTED BY: JUDY HEALD APPLICATION SUBMITTED: An application has been received for the keep- ing of horses on a 4.50 -acre parcel of land zoned R-1 (Residential Single District) located at 3960 Pilot Knob Road (Parcel No. 10-02200- 040-27). CITY CODE REQUIREMENT Section 10.12, Subdivision 2, Keeping, states in part, "It is unlaw- ful for any person to keep or harbor any animal, not in transit, ex- is cept (1) farm animals kept in that portion of the City zoned Agricul- tural.and containing no less than five acres." A horse is defined as a "Farm Animal" Therefore, the applicant needs a variance for the 4.50 acres of land as well as the R-1 zoning. It should be noted, however, the City Code does not limit the number of horses per parcel or the distance the horses will be kept from the property line. Since staff has been receiving other inquiries about the number of horses allowed per acre, perhaps the Advisory Planning Commission would want to limit the number per acre or per application. The Planning Commission may also want to look at the distance the horses will be pastured or stabled from the property line. COMMENTS The applicants are presently owners of the property but are requesting the variance for the occupants of the site. The applicants have stat- ed there will be 3 horses housed on the site which will be cared for by the occupants. As can be seen on the applicant's site plan, the proposed fenced -in •area for the keeping of the horses will be on the north side of the property which will be adjacent another large, unplatted parcel, and to the west, County Road 31 (Pilot Knob Road). The block marked "SHED" %4 CITY OF EAGAN VARIANCE - GEORGE L. & MIRIAM M NALL • JANUARY 24, 1984 PAGE TWO will house the horses. If approved, the variance shall be subject to the following condi- tions: 1) There shall be no more than 3 horses stabled on the site. 2) No other farm animals as defined in Section 10.12 shall be allowed. 3) No commercial or home occupation shall be permitted in con- nection with the keeping of the horses. 4) Fencing shall be subject to the requirements of the City Code. 5) All other applicable ordinances shall be complied with. jach .y v • �v g y cP i 0 74' i. ..+., a . .•. :q = ' 1- •'S ,ay c f. :� 1 ''�+ -r ""w.i c ��, r 'M�"4�� -,: r t `f�*: ,. r, a' ft-�»f.^y^ � r 3lkyV:.. ',1 ��,. , is - � . sY �,, $S !+, ..,. ...� ( •. F rN '1'{z ,F,1 �, "'` -r f -:l}� . 1 'q ��-'; ; s Y ..4P .yam', 1 Y ' 1 _ 1 10 a r = ,r VIC[o _ M D/O Civic Center site s O ' Z • r• City at Eopon 1 ora-xe wwa P/0 Clrlt: center site SUBJECT PARCEL L t S KO•V D q eE Q ♦ tl _ `` �� TAN � �•1 010-27 b4 i _ I I /� 7 - O �v9 TSO VD -AL ED e DRIVE - -- DEERWOOD. r I/' • N. N ,A.,�,. - :i •` fir• N - LLI �V'ti•L i'y C VIC[o _ M D/O Civic Center site s O ' Z • r• City at Eopon 1 ora-xe wwa P/0 Clrlt: center site SUBJECT PARCEL L t S KO•V D q eE Q ♦ tl _ `` �� TAN � �•1 010-27 b4 i _ I I /� 7 - O �v9 TSO VD -AL ED e DRIVE - -- DEERWOOD. r I/' APC Minutes • January 24, 1984 20. No dead-end lateral water mains will be allowed. M ulrooney recommended that public right-of-way be ovided based upon the reason utlined by the Engineering staff, includ g more control over maintenance, p ice and fire protection and general p lic safety. Those in favor were McCrea, Hall, Krob and Wold; against we a Wilkins, Mulrooney and Merkley. Member Mu ooney stated the only, reason a voted against the motion was he favored the pub c right-of-way in `the oject, and otherwise favored the proposal. THE RENTAL PLAM - COND010NAL USE PERMIT The hearing regarding the appl ation of Larry D. Pedersen for condi- tional use permit for The Rental a for a pylon sign on Lot 1, Block 1, Barton McGray Addition was conve by irman Hall. Dale Runkle outlined the proposal and indicated tha the condi onal use permit had been granted for outside storage Por the 1 ation of a re al business on the lot; and it appeared that the proposed sign would meet 11 the criteria of the sign ordinance including the 30 foot spacing from th existing Kinney Shoe Sign. Contact had been made wi Kinney Shoe but no dete ination as to removal of • the sign had yet been m e. Mr. Pedersen was present d stated that he would comply with the 300 of spacing. Mulrooney moved, lkins seconded the motion to recommen approval of the application, subjec to the following conditions: 1'h of the conditions regarding the Sign Ordinance shal be adhered to regarding h ght, size and distance from other pylon signs. 2. /Tesign shall be renewed yearly in accordance with the Sign Ordi- nance. voted in favor. GEORGE h MIRIAM NALL - VARIANCE The hearing regarding the application of George and Miriam Nall for a variance for the keeping of horses on a 4 112 acre parcel of land zoned R-1 located at 3960 Pilot Knob Road was next convened. Dale Runkle detailed the application and noted that the applicant now is requesting that 5 horses be stabled on the property. A sketch showing the proposed fenced area on the north property line and a shed to the rear that would house the horses was reviewed.by the Planning Commission. Alice and Ted Bolke were present and asked questions about the sheltering of horses and also the storage of numer- ous older cars on the east area of the property. Mrs. Nall stated the plan %8 5 APC Minutes January 24, 1984 • was to remove most of the cars and indicated that the property is being rented with the renters stabling the horses on the property. Questions concerning the size of the fenced area and the type of fence were asked by members Wilkins, and there were also concerns about the nearness of the property to Pilot Knob Road,. the residential character of the neighborhood and the need for variance under the 5 acre minimum for agricultural purposes. Noting the objections that were submitted by neighboring 'owners, Mulrooney stated that there was no showing of any practical difficulties or hardships according to ordinance requirements and was also concerned about precedent problems and the fact that it was rental property. Krob moved, Mulrooney seconded the motion to recommend denial of the application based upon the concerns of the neigh- boring property owners, and that there was no hardship shown or practical difficulties. All voted in favor. PERRY KIEFFER - CONDITIONAL USE PERMIT The public hearing regarding the application of Perry K1 er for condi- tiona se permit for personal storage located at 3955 Dod /Road was brought before th Council. Dale .Runkle stated that the Kieffer eoperty is approxi- mately 5 ac and is presently a farmstead with Za,'�� and new pole building constructed on property. The City staff issuermit in late 1983 forthe pole barn notthat it was on agriculturalrty. Mr. Rieffer is a collector of antiqu ars and has a rental caress for which he has requested space to stor some of the vehicle a presently owns himself or with his business. Mr. K1 fer was present nd stated that he has approxi- mately 30 vehicles stored outs a with .40/ x 50 vehicles inside at the present time and not all are licensed. A ighbo ng owner had concerns as to whether the proposal would meet the ordinan guidelines. Mr. Kieffer stated that he would agree to license all of the a'o biles if it was a requirement of the City and also may request a permit or an ditional pole building in the near future. He also stated that he/ ould agree ith the annual renewal condi- tional use permit if the reque' was imposed. ter discussion, McCrea moved, Krob seconded the motion to r ommend approval of a application, subject to the following conditions:/ 1. All vehicl stored on the property shall either have collector's license plates or c ent license plates in order that a jun\1eaet type of facility would of be created. 2. The onditi0na1 use permit shall be renewed at three years unle objectionsarise and the City determines thatce is not bei omplied with. No more than 40 vehicles shall be stored outside at any one time: 4. The property shall not be used for commercial purposes. • All voted in favor. ?9 6 Agenda Information Memo February 21, 1984 City Council Meeting • Page Twelve CONDITIONAL USE PERMIT/COMMERCIAL STORAGE FACILITIES B. Perry Kieffer for a Conditional Use Permit for Commercial Stor- age Facilities in an Agricultural Zoning District -- A public hear- ing was held before the Advisory Planning Commission at a regular meeting held on January 24, 1984, to consider an application sub- mitted by Perry Kieffer requesting a conditional use permit for outside storage. The Advisory Planning Commission is recommending approval of the application. For additional information on the item, refer to the City Planner's report, a copy is enclosed on pages_ through �- for your reference. For additional on information action that was taken by the APC, refer to a copy of their minutes enclosed on page(s) $ 6 ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a condi- tional use permit for commercial storage for Perry Kieffer. • LJ Agenda Information Memo • February 21, 1984 City Council Meeting Page Thirteen TRI -LAND COMPANY/PRELIMINARY PLAT FOR SUNSET 4TH ADDITION C. Tri -Land Company Inc., Brad Swenson for Preliminary Plat for Sunset 4th Additional Containing 15.16 Acres with 32 Single -Family Lots -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on January 24, 1984, to consider an application that was submitted by Tri -Land Company for a preliminary plat entitled Sunset 4th Addition, consisting of approximately 15.16 acres and would contain 32 single-family lots. The Advisory Planning Commission is recommending approval of the preliminary plat. For additional information on the Item, refer to the City Planner's report, copies enclosed on pages 1843 through On� For action that was taken by the APC, refer to a copy of eh it minutes found on page(s) /6p - %O "L The Advisory Parks and Recreation Commission is recommending a cash dedication requirement for this plat. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the pre- liminary plat for Sunset 4th Addition as proposed. • Special Note: Enclosed on page 10 3 is a copy of a letter received regarding this item. Also enclosed is a memo from the Director of Public works found on page la�. • 67 • CITY OF EAGAM SUBJECT: PRELIMINARY PLAT, SUNSET 4TH ADDITION APPLICANT: TRI -LAND CO., INC., BRADLEY SWENSON LOCATION: PART OF THE NA OF THE NWa OF SECTION 25 EXISTING ZONING: R -II (MIXED RESIDENTIAL) WITH A DENSITY OF 3-6 DWELLING UNITS PER ACRE - LEXINGTON SOUTH PUD DATE OF PUBLIC HEARING: JANUARY 24, 1984 DATE OF REPORT: JANUARY 18, 1984 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been submitted requesting preliminary plat, Sunset 4th Addition, consisting of approximately 15.16 acres and would contain 32 single family lots in part of the NA of the NA of Section 25 south of County Road 30 (Diffley Road), west of Saddlehorn Addition and north of Hackmore Drive. ZONING AND LAND USE • Presently, the parcel is zoned PD (Planned Development District) in the Lexington South Planned Development. The proposed land use de- signated for this parcel is R -II (Mixed Residential) with a density of 3-6 dwelling units per acre. The Comprehensive Guide Plan desig- nates this parcel as R -I and R -II with the northeasterly portion being R -I (Single Family Residential) with a density of 0-3 dwelling units per acre; the westerly portion of the plat is designated is R -II (Mixed Residential) with a density of 3-6 dwelling units per acre. The overall plat density contains 2.2 dwelling units per acre, thus conforming with the R -I proposed land use of the Comprehensive Guide Plan. COMMENTS As stated above, the proposed development will contain 15.16 acres and would contain 32 single family lots. Each of the proposed single family lots would meet all of the R-1 zoning requirements which is 85' lot width and 12,000 square feet. The net density of this de- velopment proposal is 2.2 dwelling units per acre which is a low den- sity for single family development. The proposed plat abuts Sunset 1st Addition on the most easterly por- tion of the plat. The access to Sunset 4th Addition would be through Sunset 1st Addition where Richard Lane will tie into Yorktown Place •and provide access from the east. Access from the west, Yorktown Place, will be stubbed from Northview Meadows to this proposed devel- opment. There will be two access points to this plat for good traffic M. CITY OF EAGAN PRELIMINARY PLAT, SUNSET 4TH ADDITION • JANUARY 24, 1984 PAGE TWO movement. The applicant is proposing a looped street, Sunset Drive, which would provide access to all of the single family lots south of Yorktown Place. In review of the surrounding land use, there appears to be three single family residences abutting this plat on the south. Two of the residences contain approximately 5 acres and would have access from a private street at the present time, which, in the future, may be the extension of Hackmore Drive. Presently, it is not proposed to develop Hackmore Drive or upgrade Hackmore Drive with this preliminary plat be- cause the lots do have access from other streets which will be construct- ed to City standards. If approved, the preliminary plat should be subject to the following conditions: 1) All lots shall meet the minimum R-1 zoning criteria which is 85 -foot lot width and 12,000 square feet. 2) The applicant shall dedicate all easements as requested by City staff. 3) All other City ordinances shall be met. • DCR/jach ENGINEERING RECOMMENDATIONS 4) A detailed grading and erosion control plan be submitted for staff review. 5-) If utilities are to be installed privately, then the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. 6) Right-of-way for Yorktown Place shall be extended to the east boundary line of the Sunset 1st Addition. 7) This development shall be responsible for placing the gravel base for Yorktown Place. 8) A minimum 25' half right-of-way shall be dedicated for Hack - more Drive. 9) Utility and drainage easements shall be dedicated as refer- enced in this report. 10) All future costs for public improvements shall be the sole responsibility of this proposed development. • CITY OF FAGAN •PRELIMINARY PLAT, SUNSET 4TH ADDITION JANUARY 24, 1984 PAGE THREE • 11) The developer shall submit a petition for the street improve- ment of Yorktown Place as a condition of final plat approval. 12) Utilities shall be extended to the east line of the Sunset 1st Addition. 13) Lots 6-10 of Block 1 shall be divided into a lot and outlot. RMH/jach 1E • MEMO TO: THE ADVISORY PLANNING COMMISSION, C/O DALE C. RUNKLE, CITY PLANNER FROM: RICHARD M. HEFTI, ASSISTANT CITY ENGINEER DATE: JANUARY 16, 1984 SUBJECT: SUNSET 4TH ADDITION 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 This proposed development is located directly east of Northview Mea- dows Addition and south of County Road 30-. The existing topography consists of rolling hills with the south half of this portion drain- ing to the south and the north half of this portion draining to the east. The southerly portion of this proposed development slopes rather steeply to the south with the slopes approaching 18%. Slopes in the northerly portion of this proposed development range from 28 to 158. Figure 1 illustrates the relationship of this proposed de- velopment being located partially within the J and L major drainage districts as defined by the Master Storm Sewer Plan. • The proposed grading will result in a low spot being in the vicinity of Lot 9, Block 2 with all the drainage north of the proposed street being directed towards it. From here, it is directed to the east via storm sewer through the Sunset lst Addition and then to the north to a holding area just south of Pond JP -27. UTILITIES Existing utilities of sufficient size, capacity and depth exist with- in the proximity of this proposed development to provide service to it. Watermain for this proposed development is proposed to be looped through this development from an existing 6" watermain within York- town Place to the watermain constructed within the Sunset lst Addi- tion. Sanitary sewer for this proposed development is proposed to be serviced by extending the sanitary sewer proposed to be construct- ed within the Sunset lst Addition. This sewer and water should also be stubbed to the east boundary of the Sunset lst Addition to facil- itate future utility extensions to the property to the east. If utilities are to be installed under private contract, then the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. • STREETS Access to this proposed development consists of a public street named Yorktown Place located within the Northview Meadows Addition and abuts �Z ENGINEERING REPORT SUNSET 4TH ADDITION PRELIMINARY PLAT • JANUARY 16,.1984 PAGE TWO the west boundary of this proposed development. It is proposed to extend Yorktown Place to the east and provide in- ternal access by way of a public looped street. The public looped street will provide for excellent traffic flow, however, staff would recommend that Yorktown Place be extended to the east boundary of Sunset 1st Addition. This would provide a connection with the pro- posed north -south street within the Sunset 1st Addition and greatly improve the traffic circulation. The developer proposes to construct the internal street under pri- vate contract and petition for the City to install the curb and gut- ter and bituminous paving for Yorktown Place. Staff has no problem with this as long as it is made a condition.of the final plat for the developer to provide the gravel base for Yorktown Place. RIGHT-OF-WAY/EASEMENTS The developer is proposing a 60' right-of-way for Yorktown Place and a 50' right-of-way for the internal street, Sunset Drive, which staff concurs with. However, staff strongly recommends extending the right- of-way for Yorktown Place from the east boundary of this preliminary plat as proposed to the east boundary of Sunset 1st Addition for rea- sons previously mentioned. Also, a minimum 25' half right-of-way shall be dedicated for Hackmore Drive along the southerly border of this proposed development. A 10' utility easement shall be dedicated adjacent to all publicly dedicated right-of-way along with a 5' drainage and utility easement being dedicated adjacent to all exterior lot lines with a 10' drain- age and utility easement being dedicated over all interior lot lines. In addition, the necessary storm sewer easements required by the pro- posed alignment across Lot 11, Block 2 of this proposed Addition and Lot 4, Block 1 of the Sunset 1st Addition will be required to be dedi- cated and/or obtained. ASSESSMENTS In reviewing the assessments levied over this proposed development which consists of Parcel 010-27 and 021-27 of the NW's of Section 25, it was found that all trunk related assessments have been levied. Subsequently, all future costs for public improvements shall be the sole responsibility of this proposed development. MISCELLANEOUS As proposed, this development will pose a problem in the future re- garding the construction of streets and utilities within Hackmore Drive since Lots 6-10, Block 1 will have double frontages. Subse- • quently, it will be difficult to assess any benefit resulting from utility and street improvements within Hackmore Drive to these lots, thereby jeopardizing the financing of any such projects. Therefore, 1 a- ENGINEERING REPORT • SUNSET 4TH ADDITION PRELIMINARY PLAT JANUARY 16, 1984 PAGE THREE staff would recommend that Lots 6-10, Block 1 be subdivided each into two lots with the additional lot being labeled an outlot. This would provide the owner of a lot ownership and control over the outlot should it elect to be included with this purchase and also allow the City to assess the benefits resulting from the improvements of Hack - more Drive. An alternate to this would be for the developer to provide an escrow account for the costs of improving Hackmore Drive which may be drawn against upon the improvement of Hackmore Drive. Finally, a last al- ternative is to leave the plat as proposed thereby encumbering the City's trunk funds for future improvements within Hackmore Drive. i will be available to discuss any aspect of this report with the Ad- visory Planning Commission at their meeting of January 24, 1984: Respectfully submitted, Richard M. Hefti, P.E. • Assistant City Engineer RMH/j acti, • �3 \/ — \ . W! / ' J-35 l -` J- 32 /C J-3 `. —_ 2,r / �,10, -3162; PI r _.-�� ?� I J-661` =I l I / � � 1-38 � � J-67 � J-48 l _ J-46�\ \ \ J 49 of l l %o �-- a' J P 7 H' J-47 I AU ITOR'S SUED. N0. 4} J -gyp I •.>::, cr �i LijJ-51 Y -- J 451 r -5201 , ® o Z. ` I 1 r f ` �. bject el i J 8 — - L- 21 - -' EI _ I L -25\ r L i A L-31 L-29 I L i 23 33 ,; = FIG`. 1 j L L-3 ,/ L-36 -36 PRELIMINARY PLAT: SUNSET 4TH ADDITION uourno YORKPLACE ST. e S 4 ~ OR• . g 3 r SUNSET a.ue.a.,. •e ';•� 9�OG •e• u nsa0•an. ord• ao as 11 e 1 2 3' 5 p • .v E .uua,,.go e• 0, o + .• .' K 1 . : ' �8 •e ,•' Oc+ L •+ JF 6 S 8 w a 1 •,4ua•an 0s ' u•u.eenn �a' e •o u ,a.e•e•a,4 e liI . 11 2 <\ ... SITE DATA: 4ae•4 ea0cu,11e• .... ,n •. u. •... w V uca• r,a, •.0 -. \ u,eeown. ._ 0 • 3 ,so PRELIMINARY PLAT: SUNSET 4TH ADDITION uourno YORKPLACE ST. e uuurne S 4 ~ OR• g \•?°e.• SUNSET a.ue.a.,. •e ';•� 6o u nsa0•an. ,as ao as 11 e 13 5 p • .v E .uua,,.go e• 0, o + .• .' K 1 . : ' �8 .° ,•' Oc+ U, •+ JF 6 S 8 10 uuurne aema •-a ..0,0840 ao.ue n, uu u.0 ••r• 606,•60 •aa. TRI—LAND inc. ,... S .so u ';•� u nsa0•an. 11 13 .uua,,.go rl.'. rM U, 10 t 12... +pac6u u•u.eenn ' •o ,a.e•e•a,4 liI . 11 <\ ... SITE DATA: 4ae•4 ea0cu,11e• .... ,n •. u. •... w ..n6n20 uca• r,a, •.0 -. 0uun a... um nu• ._ aema •-a ..0,0840 ao.ue n, uu u.0 ••r• 606,•60 •aa. TRI—LAND inc. ,... " dd X14; E c1 ^: u $OUTH �IN D ;,TH• 35 FE F; HE `gyp D PRELIMINARY PLAT: SUNSET 4TH ADDITION v }'� .', bl ¢ 3?INC A ILD r CE� �k- W-- L F�);-';; F jf) I \ I t 1.77 + N TH Lin E 316/2 OF ITSE N 1 Y l 13 •li ]2 ,..il,'` O �� { H NN 4 $EC\ 2 :,� "• HI L, y Z A. / 1 -N- �IB 1. • 0`. Yl ` ,` , 960 9 —, ITL%^ 969 RADING AND DRAINAGE PLAN . 16 t _ . �\6,'' narow •os un.nen O 950 9 94t / S�111Vy / jib s TV 111 ri_�.. \' � F 14 s G 2 3 2. 3 3 4--1 4 1 5 1-1 7 PRELIMINARY PLAT:' SUNSET 4TH ADDITION 8 9 1 1 10 a le 15 14* 13 12 11 13 avo 10 12 9 7 PLAN UTILITY 8 9 1 1 10 a RB Ind 66." CCMMERCIAL PL.AhB-JEDDEVELOPPAENT RIS —Ind, . •Vi ,Vl _. POSEMOUn T•J i._ A SUBJ CT PARCAPP �AII I -Wy. HSI eL � Z. ' Z, P D W 74-1 3 • ~Y. • 4r. cr of A - 'F i I 'F i �A A SUBJ CT PARCAPP �AII I -Wy. HSI N: I' Z. ' Z, P D W 74-1 cr of A - I IAKW000 GHT A 0 MINIM L'-'II-�l ay'�tir -+yJ`rL, Il I XL AUDITOR'S SUED. N0. a2 -- - A - - -- • is n LJ APC Minutes January 24, 1984 5. The plat shall be subject to the Dakota County Plat Com�l'ssion's band comment because it abuts County Road right-of-way. 6. detailed grading, drainage and erosion control p n must be sub- mittfored royal depicting the proposed measures to St ilize side slopes and disturbed eas. 7. A storm wer detention ponding system sZbe constructed in the NE 1/4 of this propos development. 8. Adequate utilit easements shall provided over the water main nsions hydrant lead exte. / 9. This development shall e r ponsible for its residential' street equivalent assessment for the 283 f t of front footage adjacent Pilot Knob Road to cover future upgrading. a al escrow amount shall be determined utilizing 125% of the residentiaZ street uivalent rate for multiple dwell- ings subject to reconsidera on, modifica ton or elimination by the City Council at the time of fins plat approval. 10. That the games on the east end of th West building shall be realligned to allow grater emergency vehicle turning a a. All voted i favor, except Hall who opposed the prbvision regarding escrowing funds or future Pilot Knob Road upgrading and stat that the City has not requi d that in the past. Mulrooney then moved, Hall econded the moti/torest the staff undertake a studyconcerning the pro iety and proceadvanced collections for potential assessments for pu is im- provencluding street improvements prior to the improvements eing insta that the staff report its findings to the City Council. All votednavor. SUNSET 4T9 ADDITION - PLAT The application of Tri -Land Company and Bradley Swenson for preliminary plat approval of Sunset 4th Addition, consisting of approximately 15.16 acres with 32 single family lots in part of the Northwest quarter of the Northwest quarter of Section 25 south of Diffley Road, west of Saddlehorn Addition and north of-Hackmore Drive was next heard. Dale Runkle introduced the project and noted the parcel is zoned Planned Development and is a part of Lexington South PD. The proposed land use is R -II with a density of 3 to 6 units per acre and the overall plat density would contain 2.2 dwelling units per acre. The minimum guidelines under R-1 zoning will be met in the proposal and it was noted the applicant is.proposing a looped street, Sunset Drive, which would provide access to all of the single family lots south of Yorktown Place. Brad APC Minutes January 24, 1984 • Swenson, and Jim Curry appeared for the applicant. Mr. Swenson explained the slope features and heavy tree cover on the south and stated there is little chance of the southerly portion of the lots being developed because of the slope. There are smaller lots to the north and larger residential' lots to the south and it was suggested that the lot sizes make a reasonable transition. He stated that neighborhood meetings have been held.and no objections have been received, in ,fact, neighbors generally approved the project. The owner of the property to the east appeared and supported the proposal as well as other property owners who were in support of the project. There was discussion concerning the proposal of the engineering staff to provide that the southerly lots be divided, including outlots on the south side of each lot to allow future development, also assessments for the possible extension of Hackmore Drive in the future. Member Rrob stated that the Planning Commission and Council must listen to the staff recommendations and not only look at the immediate development but the long-term city responsibility, but also was aware of the transition from smaller to larger lots to the south. Mr. Sauter, an owner to the south, was present and stated that he may need access to Hackmore Drive extended if his land is subdivided. Wilkins moved, McCrea seconded the motion to recommend approval of .-the application subject to the following conditions: 1. All lots shall meet the minimum R-1 zoning criteria which is 85 -foot • lot width and 12,000 square feet. 2. The applicant shall dedicate all easements as requested by City staff. 3. All other City ordinances shall be met. 4. A detailed grading and erosion control plan shall be submitted for staff review. 5. If utilities are to be installed privately, then the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. 6. Right-of-way for Yorktown Place shall be extended to the east boun- dary line of the Sunset 1st Addition. 7. This development shall be responsible for placing the gravel base for Yorktown Place. 8. A minimum 25 foot half right-of-way shall be dedicated for Hackmore Drive. 9. Utility and drainage easements shall be dedicated as referenced in • this report. 101 10 • • • APC Minutes January 24, 1984 10. All future costs for public improvements shall be the sole respon- sibility of this proposed development. - 11. The developer shall submit a petition for the street improvement of Yorktown Place as a condition of final plat approval. 12. Utilities shall be extended to the east line of Sunset 1st Addition. All voted in favor except member Krob who voted no, indicating that he felt that the southern lots should be subdivided as recommended. SUNSET 5TH ADDITION - PRELIMINARY PLAT The application of Joseph Hoffman for preliminary plat approv1 of Sunset 5th Addition consisting of approximately one acre containing two Ingle family lots located the west side of Dodd Road, immediately nort of.Saddlehorn Addition was ne heard. Dale Runkle detailed the app1ica ion and the City Public Works Depar nt recommended that an over plan or the land to the west be submitted to ovide for access to that parcel, ich otherwise could be cut off except Dodd A d to the north and west. Th a were no objections to the application and the eveloper indicated that a would be willing to dedicate 25 feet along the rth line for street ccess purposes, but re- quested that no street assessme s be levied on t property for that street. The developer also asked, becau of time co traints, that the Planning Commission recommend approval subje to the d ermination of the location of a street in the future. Mulrooney mov Kro seconded the motion to continue the motion to the next regular meeting d nstructed the developer and the staff to work toward a resolution of the ess problem from the land to the west. All voted in favor. ORDINANCE Chairman Hall statedthat informal discussion of the proposed Shore - land Ordinance No. 77 will to place at the next regul Planning Commission meeting with a formal hear concerning the ordinance a the regular March 1984 meeting. KNOLL - PRELIMINARY PLAT The staff iicated that attempts have been made to contact the eveloper of the propose Pheasant Knoll plat with no success. McCrea moved, M rooney seconded the _tion to eliminate the application from the agenda and i the event the veloper wishes to reappear, that a new application be submitted. All voted n favor. 102 VO CU l COOL/ APC Minutes ek(A January 24, 1984 ��S PAST COMMITTEE MEMBERS Member Krob sugg ed that the staff make a pro past Advisory Planning Com Sion members. • 1 as to recognizing Upon motion duly made and sec ded, `bk�e meeting adjourned at 11:55 p.m. All voted yes. retary 12 PHH • • rebruary 12, 1984 Eagan City Council Eagan City nall Lagan, Minnesota Lear Eagan City Council, my wife and I will not be able to attend the February 21 City Council meeting. We understand the preliminary plat for Sunset Four Addition will be on the agenda and since this development adjoins our north property line we want you to know our views. As we told the City Planning Commission, next to no development this plan was the best we've seen. From our point of view the large size lots on the south are the most attractive feature and are critical for our support of this development. This feature makes a perfect transition between the low density housing to the south and the higher density housing in the north part of the development. In addition it preserves the trees and the rugged terrain of the area that attracted us to this area thirteen years ago. • We ask that you do not change the status of these larger lots and approve the plan in the same manner as the Planning Commission. Thank you very much. Sincerely, Betty and perry Sauter 750 Backamore Drive 454-7754 l� is 103 MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR • FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: FEBRUARY 17, 1984 SUBJECT: PRELIMINARY PLAT - SUNSET 4TH ADDITION During the staff review of this proposed subdivision, the Engineer- ing Division recommended (#13) that Lots 6-10 of Block 1 be divided into outlots fronting onto Hackmore Drive to eliminate the proposed double frontage of these lots. This recommendation was omitted from the approval granted by the Planning Commission with no sug- gested alternative to future problems associated with financing the upgrading of Hackmore Drive. The attached map shows the location of the proposed Sunset 4th Addition to the dedicated right-of-way of Hackmore Drive. If the Sunset 4th Addition does not wish to have lots fronting on to Hack - more Drive and subsequently retain the larger -sized lots, then I would strongly recommend that the Council make it a condition of this plat approval to pay a residential equivalent assessment to the City which could be applied to any future costs associated with the installation of streets and utilities when Hackmore Drive is upgraded and connected to the recently completed street within the Northview Meadows subdivision. If this financial obligation is not a requirement of the final plat, it will become the City's financial responsibility to pay for one-half of the costs associated with the upgrading of streets and utilities within Hackmore Drive when it occurs in the future. This is due to the fact that we will be limited in the amount of the costs that can be assessed on the property on the south side to the benefit received from those improvements. Therefore, I strongly recommend that the Council require this future obligation of the subdivision to be paid now to cover the City's future finan- cial responsibilities. As an alternative, these lots could be split with adequate frontage and square footage taking direct access from future streets and utilities from Hackmore Drive. However, if this alternative is approved, it would require the upgrading of Hackmore Drive at the present time to provide these newly -created lots with standard streets and utilities. I would like to discuss the concerns of the Public Works Department with the City Council in relationship to the elimination of the recommendation as approved by the Planning Commission in hopes that a satisfactory alternative can be agreed upon. • Respectfully submitted, Voo Director of Public Works 10 n TAf /k f Zo eMtO erao e go-= :i:n:::i:Y:?3�a2-:v "�. in: `::t;y ✓'e/� � a3T'N /UJYIT1r "" 5rq Y ,$t { F.t } {t �}}° o .lTrr r ...•..!� .M. :r I raw �- � u :t�5}} oot oa°} S`�•'`.+`...•.t+..w' � �Firo ei=� el -ax, F } • e x e _ •• { r u .k :::.: }:; .v tl: o. .. a _ •.G.o it .x �� 10-010 PA XMIX............:::..:...... W e. ....... - � .-__ '' .� I `i••F '4�'r �. • mai �I K'.�I of yl �at^��p�c+ eveee r vr-�" � py.. i- 1`.{ k,n•�° •fh: 9r' i �i }'S of;A�c.��! 7 �� ..w.• . �I' � i.' ye' � * ,ee `�: �•' r eiY• • 6 '�y��1. ' .•e - .�. r1 �- iii e•ti y: f1�; �a� .��•i:�e �! • A� Y * Ck _`�•` --�--0f"B/M--F6'A4.5�9.V%O<Y"-.—}[d�lS--,I.ENI�oT=•R;.�Sr- so- • • 1J Agenda Information Memo February 21, 1984 City Council Meeting Page Fourteen BURNSVILLE/EAGAN CABLE COMMISSION UPDATE A. Burnsville/Eagan Cable Commission Update -- Since the Burns- ville/Eagan Cable Commission has now completed four (4) regular meetings in addition to considerable committee work, it seemed appropriate to place this item on the agenda and allow City Council - member Smith, who is Chairman of the Joint Commission, and City Administrator Hedges to update the City Council on progress the Commission is making to date. The City Council may want to review minutes that have been provided with the last informative memo to determine whether they have any questions that might be of interest to the City Council for discussion purposes. The City Administrator will provide a brief status report previous to any discussion. (1P� ye 100, /aS M Agenda Information Memo February 21, 1984 City Council Meeting Page Fifteen • MNDOT COST PARTICIPATION AGREEMENT #61824 (I-494) B. Approve MnDot Cost Participation Agreement #61824 (I -494) - As discussed under the public hearing for Project 349, the progres- sion of I-494 to the east with its interchange with T.H. 14.9 results in a relocation and upgrading of east and west Blue Gentian Road to City standards. Due to the fact that these local streets require cost participation from the City to accomplish this upgrading to City standards, it is necessary for the City to enter into a cost participation agreement with MnDot. The City's obligations under this MnDot agreement have been reviewed in detail by the Public Works Director and consulting engineer and found them to be in accordance with standard policies for joint construction and cost participation. The City's obligations associated with this cost participation agreement have been taken into consideration and addressed as a part of the feasibility report for Project 349. Therefore, if the public hearing for Project 349 is closed and the improvements ordered for installation earlier in the agenda, it would be in order for the Council to approve this cost participa- tion agreement providing for the City's financial obligation associated with those improvements. • ACTION TO BE CONSIDERED ON THIS ITEM: To pass/deny a resolution approving Cost Participation Agreement #61824 authorizing the Mayor and City Clerk to execute all related agreements and documents providing for financial obligation of the City associated with the upgrading of east and west Blue Gentian Roads as a part of I-494. • 106 Agenda Information Memo February 21, 1984 City Council Meeting • Page Sixteen MNDOT COST PARTICIPATION AGREEMENT #61932 (I -35E C. Approve MnDot Cost Participation Agreement 061932 (I -35E) -- As it was discussed under Project 372 during the public hearing earlier in the agenda, there are several street and utility improvements associated with the progression of I -35E that become the City's financial obligation. Subsequently, a cost participation agreement has been prepared by MnDot delineating the City's financial responsibilities associated with the upgrading of these local improvements to City standards. This agreement has been reviewed in detail by the Public Works Director and consulting engineer and the financial responsibility delineation has been found to be in accordance with present policies for cooperative joint construction and cost participations. All the improvements delineated in Project 372 presented under the public hearing earlier on the agenda have been taken into consideration in this agreement as it pertains to the City's responsibilities. If the public hearing for Project 372 is closed and the project approved as presented, it would be in order for the Council • to approve this cost participation agreement so that this work can be performed cooperatively under a MnDot contract. ACTION TO BE CONSIDERED ON THIS ITEM: To pass/deny a resolution approving MnDot Cost Participation Agreement #61932 and authorizing the Mayor and City Clerk to execute all related documents and agreements. MNDOT COST PARTICIPATION AGREEMENT #61933 D. Approve Dakota County Cost Participation Agreement (MnDot Agreement #61933 - Diffley Road and Pilot Knob Road -- As a part of the I -35E progression through the City of Eagan, certain improvements will be performed cooperatively under a MnDot contract for the upgrading of County 30 (Diffley Road) and County Road 31 (Pilot Knob Road). MnDot Agreement #61933 is a cost participa- tion agreement between the State and the County due to the juris- dictional authority of the county roads being approved under a state contract. However, present City policy requires that any improvements to county roads be the joint responsibility of the County and the benefitted municipality on a 55/45 split of costs for all road improvements and related appyrtenances. Therefore, the County has prepared a cost participation agreement between the County and the City delineating the City's share of the costs associated with the County's responsibility as • a part of MnDot's cost participation agreement. lo -7 Agenda Information Memo February 21, 1984 City Council Meeting Page Seventeen • All proposed improvements associated with this cost participation agreement with the County have been taken into consideration and included in the feasibility report for Project 372 presented earlier on the agenda under public hearings. The Public Works Director and consulting engineer have reviewed this cost participa- tion agreement in detail and found it to be in conformance with present policies of delineation of financial obligations between jurisdictional agencies for related improvements. Therefore, if the public hearing is closed and Project 372 ap- proved earlier on the agenda under the public hearing items, it would be appropriate for the Council to approve this cost participation agreement between the City and the County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Dakota County Cost Participation Agreement relating to MnDot Agreement 461933 for the upgrading of Diffley Road and Pilot Knob Road associated with I -35E and authorize the Mayor and City Clerk to execute all related documents. • L Agenda Information Memo • February 21, 1984 City Council Meeting Page Eighteen CONTRACT 84-1/LONE OAK ROAD-T.H. 55 WATERMAIN E. Contract 84-1, Receive Bids/Award Contract (Lone Oak Road/T.H. 55 - Watermain) -- On November 15, 1983, the public hearing was held and a project approved which consisted of three parts: Part 1: Construction of trunk watermain along the west side of T.H. 55/149 through the intersection of Lone Oak Road and westerly extension within Lone Oak Road from this intersection due to pending intersection improvements by MnDot during 1984. The segment of trunk watermain from Lone Oak Road southerly to the extension of Apollo Drive was bid at a 24" -diameter with an alternate bid requested for a 20" -diameter trunk watermain for this segment. The City's consult- ing engineer and Public Works Director will be evalu- ating the cost benefit of reducing this watermain size and will have the information available to the Council for consideration of the alternate bid at the meeting on February 21. • Part 2: This consisted of relocation of hydrants and lowering/ insulating the existing watermain and relocating fire hydrants along the west side of T.H. 149 by General Coatings Inc. in anticipation of the future frontage road to be constructed by MnDot during 1984. Part 3: This involves the westerly extension of trunk water - main facilities from Pilot Knob Road, at its inter- section with Duckwood Drive, in anticipation of the future upgrading by MnDot during 1984. This work was not originally contained in the feasibility report as it was anticipated to be performed under a MnDot contract. Regardless, this work will be the full responsibility of the trunk watermain with no related assessments. As such, it was not necessary to have it included in the original feasibility report. However, because MnDot could not incorporate it in their construction plans in a timely fashion, it was determined to be in the City's best interest to add this trunk related work under this contract for bidding purposes. Enclosed on page10 is a tabulation of the bids received at the official bid opening held on February 16. Due to the necessity of this project and the favorable bids received, the staff is recom- mending that the Council receive the bids and award the contract 109 Agenda Information Memo February 21, 1984 City Council Meeting Page Nineteen to the lowest responsible bidder, w d G Rehbein Bros., Inc. Veri- ification of the bid amounts will be reviewed and discussed with the City Council along with the staff's recommendation for consider- ation of accepting the alternate bids submitted. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 84-1 and award the contract to the lowest responsible bidder. • r1 U • • $130,200 Our File No. 49290 FEASIBILITY REPORT LONI-- OAK ROAD ANI1 I'll NO. 55 NA 135,420.00 THUNK WATERMALN 22,075.52 146,388.51 PROJECT NO. 391 112,010.12 EACAN, MINNESOTA F.R. (-) 4.768 (-)48.078 NA CONTRACT 84-1 ALTERNATE (-)10.158 BLD TIME:Iii:30 A.X., C.S.T. BID DATE: Thursdav, FeC•. Au, 1984 CONTRACTORS TOTAL BASE BID ALTERNATE 1) W & G Rehbein Bros. $146,388.51 $139,673.01 2) Encon Utilities, Inc. 149,966.10 143,306.10 3) Hydrocon, Inc. 152,899.00 146,794.00 4) Robert W. Moore 153,443.00 147,338.00 5) Hayes Constructors 154,990.25 150,550.25 6) H.B.H. Construction Co. 154,998.25 148,338.25 7) Dawson Construction Inc. 155,247.00 148,587.00 8) S. M. Hentges & Sons 155,252.54 150,812.54 9) 00) Austin P. Keller Construction 155,574.00 150,024.00 Crossings Inc. 157,364.20 149,927.20 11) 0 & P Contracting 159,637.76 151,767.86 12) Northdale Construction Co. 203,028.50 196,368.50 13) S. J. Louis Construction Co. NO BID NO BID 14) Erwin Montgomery Construction NO BID NO BID PART I PART II PART III TOTALS ENGINEER'S ESTIMATE $130,200 $19,000.00 $149,200.00 FEASIBILITY REPORT (F.R.)$124,660.00 $10,760.00 NA 135,420.00 LOW BID 118,725.62 5,587.37 22,075.52 146,388.51 ALTERNATE 112,010.12 139,673.01 8 OVER(+)/UNDER(-) F.R. (-) 4.768 (-)48.078 NA NA ALTERNATE (-)10.158 NA 11b Agenda Information Memo • February 21, 1984 City Council Meeting Page Twenty CONTRACT 84-3/ALMQUIST LAKE LIFT STATION F. Contract 84-3, Approve Plans/Authorize Advertisement for Bids (Almquist Lake Lift Station) -- On January 17 a public hearing was held for Project 393 providing for the installation of a trunk storm sewer outlet for Almquist Lake. The public hearing was closed and the project subsequently approved with authorization being given for the preparation of detailed plans and specifications. These plans have now been completed and are being presented to the Council for their review, approval and authorization to advertise for a bid opening. The consulting engineer and Public Works Director will be available to discuss the details of these plans with the Council at the meeting on February 21. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the plans and specifications for Contract 84-3 (Almquist Lake Lift Station) and, if approved, authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 15, 1984. CONTRACT 82-7/CINNAMON RIDGE 3RD ADDITION • G. Contract 82-7, Final Payment/Acceptance - Cinnamon Ridge 3rd Addition (Streets & Utilities) -- We have received a request for final payment for Contract 82-7 from our consulting engineering firm along with a certification of compliance with the approved plans and specifications which provided for the installation of streets and utilities to service the Cinnamon Ridge 3rd Addition. Taking into consideration the two change orders that modified the original contract amount, the final construction costs came in 2.58 below the original contract amount due to minor miscel- laneous quantity underruns. All cost associated with this project will be assessed against the development. All final inspections have been witnessed and verified by represen- tatives of the Public Works Department and it is now being recom- mended that this project be formally accepted for perpetual maintenance and that final payment be authorized to contractor. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the seventh and final payment of $25,707.03 to Austin P. Keller Construction Company for Contract 82-7 and accept the project for perpetual maintenance. r 1 U Agenda Information Memo February 21, 1984 City Council Meeting • Page Twenty -One 1984 SEWER & WATER UTILITY USER RATES H. Consideration of Sewer & Water Utility User Rates for 1984 As is customary on an annual basis, the Public Works Director had the consulting engineering firm of Bonestroo, Rosene, Anderlik and Associates, Inc. perform a study pertaining to sewer and water utility user rates in relationship to expenses and required revenue to maintain and provide sewer and water service for the City. A review of the approved 1984 utility budget, combined with antici- pated sales during 1984, resulted in this report conclusion and recommendation that the sewer and water user rates not be increased for 1984. A copy of this report is being forwarded to the Counci under separate cover for their review, comment and reference during consideration of this item. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the 1984 report on sewer and water utility user rate study and approve/deny the recommendation for no increase in rates during 1984. TRUNK -RELATED ASSESSMENT RATES - 1984 I. Consideration of Trunk -Related Assessment Rates for 1984 -- • In the past, the Public Work Director has had the consulting engi- neering firm of Bonestroo, Rosene, Anderlik and Associates, Inc., review the construction costs associated with completing our trunk systems (sanitary sewer, water, storm sewer, and major streets) and recommend appropriate rates to maintain the solvency of these funds through the levying of trunk -related assessments (area, lateral benefit, road user connection fees, street equivalent assessments, etc.). In the past, this information was included as an appendix to the annual sewer and water utility rate study. However, the Director of Public Works felt that this information should be expanded and addressed through a separate report for separate action by the Council. Therefore, forward to the Council under separate cover is a copy of this report for their review, comments and reference during consideration of this item on February 21. The results of this report indicate that the trunk -related assessments should be increased by an average of 5.08. It also established definitive rates for a zoned -equivalent rate (residential, multiple, com- mercial/industrial) to be used during the upgrading of major streets. The Public Works Director and consultant engineer will be available to discuss this report in detail with the Council as they desire • on February 21. IIa Agenda Information Memo • February 21, 1984 City Council Meeting Page Twenty -Two ACTION TO BE CONSIDERED ON THIS ITEM: To receive the report and approve/deny/modify the trunk -assessment rates for 1984. s/Thomas L. Hedges City Administrator TLH/hnd/kf • I k 3 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS • FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 17, 1984 SUBJECT: INFORMATIVE COMMUNITY ROOM The City has prepared a rather lengthy procedure for the use of the Community Room located at the Fire Administration Building. Scheduling the Community Room will be a function of Parks and Recreation and if the City Council is interested in reviewing the policy for use of the Community Room, please request and a copy will be distributed for review. It is anticipated that the Com- munity Room will be available within a month. MUNICIPAL LEGISLATIVE COMMISSION UPDATE Enclosed is a letter from Larkin, Hoffman, Daly and Lindgren law firm that provides a summary of the representation agreement they have entered into with the 14 cities. This letter provides a brief analysis of how the law firm will work with the 14 cities and I thought would be of interest to the City Council. The City Admin- istrator is attending an all -day meeting on Friday, February 17, along with City Administrators from the other 13 cities to work on position papers with the lobbyist. The next regular meeting of the joint commission is at 5:30 p.m. on Thursday, February 23, in the City of Roseville. Mayor Blomquist and the City Admin- istrator, as the City's two delegates, will be attending. A copy of the letter is found on pages 11 through 12 0 . INDEPENDENT SCHOOL DISTRICT #196/EAGAN HIGH SCHOOL ISSUE The City Administrator and Mayor Blomquist attended a school board meeting that was held on Monday, February 13, 1984. Needless to say, the meeting lasted from 7:30 p.m. to 12:30 p.m. with Eagan residents attempting to endure a long wait from 7:30 until 10:30 when the school facilities item was considered. Mayor Blomquist and the City Administrator will discuss in more detail what trans- pired at the school board meeting in a future workshop session. Enclosed is a copy of a letter and resolution that was submitted to the school board the night of the meeting. Mayor Blomquist will more than likely be suggesting that this resolution be adopted by the City Council as a matter of formal record. A copy of the letter and resolution are enclosed on pages 1 Z i through iZ 4 SPERRY SEMI -CONDUCTOR OPERATIONS NOISE PROBLEM • The City Administrator has met with the noise analyst from MPCA and as directed by the City Council, noise monitoring will occur 114 INFORMATIVE MEMO • February 17, 1984 Page 2 before and after equipment is installed at the Sperry Semi - Conductor facility. The City Attorney's office has been notified of the action that was taken at the last City Council meeting con- cerning legal direction if Sperry does not satisfy the noise problems that are being alleged by the Timberline Addition. A copy of a letter to Mr. Gustin and Mr. Nikolai from the City Admin- istrator is enclosed on page Ia 15L- . Also enclosed are copies of letters from Mr. Nikolai to David Kelso of MPCA and the Senior Vice -President of the Sperry Semi -Conductor operations, Mr. David Turcotte. These letters are enclosed on pages 1'2,(o through 110 Mr. Giblin and Mr. Nikolai have, since the last City Council meeting, filed criminal complaints with the Police Department asking that the noise problem be prosecuted as a public nuisance. The complaint is being reviewed by the City Attorney. RACE TRACK Enclosed on page 1 11 is a copy of a letter received from the City of Mendota Heights and also an page13 is a copy of a letter received from the City of Sunfish Lake regarding their positions on the proposed horse racing facility site in the City of Eagan. This week, a statement was made by Ray Glumack on WCCO that would appear to the average listener that MAC had problems with the horse • racing facility being located under the preferential runway in the City of Eagan. The statement about the race track came to the attention of the City's applicant, Minnesota Jockey Club, Inc., and in an effort to clarify Mr. Glumack's statement a meeting was held on Wednesday, February 15 in Mr. Glumack's office. The City of Eagan was asked by Mr. Pflaum for representation at the meeting and the City Administrator contacted City Councilmember Egan who joined the Administrator at the meeting. To reduce an hour and a half of dialogue to a few sentences is difficult but the main outcome of the discussion was that Mr. Glumack made it extremely clear that he is not an adversary of the Eagan horse racing site or any site for that matter and was merely addressing a question as to how the airport would regard any kind of land use that might threaten continued alignment designation of the preferential runway. Mr. Glumack responded by stating that the Metropolitan Airports Commission would be very concerned about any use that would cause any jeopardy to the preferential runway. The Minnesota Jockey Club, Inc. presented a three-page easement that guarantees the Metropolitan Airports Commission that they will provide permanent air rights for the preferential runway over their horse racing facility dismissing any public speculation that noise is a problem for the horse track. It was made extremely clear by Mr. Glumack that the MAC is not concerned about noise being a factor for the .horse track; any noise concern for the horse track is a private matter with the investors. This matter was cleared up and the easement will be filed with the application. Since the recent • i(s INFORMATIVE MEMO February 17, 1984 Page 3 city council meeting held on February 7, 1984, in the City of Mendota Heights has brought considerable news attention to the race track located in the City of Eagan, I felt copies of articles regarding that meeting might be of interest to the City Council. Enclosed on pages 13 j through A- are a cumber of copies of articles that have appeared in 1 cal`—newpapers. Also enclosed on pages L+4-14Sis a copy of a letter from the Inver Grove Heights Development Corporation informing Mayor Blomquist that their corpor- ation has endorsed the Eagan site and further that they're request- ing a similar endorsement from mayors of cities in Dakota County. WORKSHOP The City Administrator is suggesting that the City Council have a workshop session to address a number of miscellaneous items, one of which should be a meeting with the History Committee. A suggested date for that meeting is February 28 if the date is acceptable to everyone's calendar. A formal agenda would be prepared for the special workshop/City Council meeting; however, it is anti- cipated there would be no formal action taken. PROJECT 349, BLUE GENTIAN ROAD (Streets & Storm Sewer Improvements) City Financing -- On page 5 of the feasibility report for Project 349, the revenue sources to finance this project are • delineated in relationship to project cost and revenue receipt from assessments. You will note that the resulting balance indi- cates $178,544 will be the responsibility of "City and State" funds. The report was prepared this way to show that the assessment revenue as proposed under this project was not sufficient to cover the cost of the improvements being performed. However, through a cost participation agreement with MnDot, the State will be participating in a portion of these construction costs. Therefore, enclosed on pages( - is a subsequent summary of revenue sources that was performed to show the relationship of the MnDot cost participation in relationship to the project cost and assessment revenue. As can be seen from this subsequent summary, due to the significant cost participation on behalf of MnDot combined with the proposed assessment revenues, this results in a positive balance of $132,385 to the City's trunk storm sewer fund and $260,861 to the City's major street fund. This subsequent information is being forwarded to the Council to show that the significant negative balance on page 5 of the feasi- bility report does not imply that the City will be incurring a financial burden to our trunk funds if this project is approved. It also provides additional information to the Council in considera- tion of any special assessment consideration requests that have • been received. 116 INFORMATIVE MEMO February 17, 1984 Page -4 • Project 372, I -35E (Utility & Street Improvements) -- Financial Revenue Review The feasibility report that was prepared for Project 372 provided a revenue source breakdown on pages 47 and 48 to show the relation- ship between the cost of the project for various improvements, the assessment revenue that would be generated from this project and the resulting balance that would be the responsibility of "City & State" funds. This resulting total balance indicated a negative $846,767 deficit that would have to be financed through these city/ state funds. This information was presented this way to show that the revenue being generated from assessments was less than the cost of the overall project. However, through a cost participation agreement with MnDOT, the state and the county will be participating in some of these finan- cial liabilities. Therefore, enclosed on pages /4-1 through /5Q is a subsequent summary sheet of revenue sources which shows the balance after taking into consideration the financial participation of the state and the county. This summary sheet shows the actual financial obligation of the City's trunk funds which range from a negative balance of $103,930 to the trunk watermain fund to a • #285,174 positive balance to the major street fund if all assess- ments are levied as proposed under this project. It was felt that this information would be beneficial to the Council in helping to determine the benefit of this project in relationship to the or- dering of this improvement. The Public Works Director and Consulting Engineer can discuss this financial analysis in further detail at the Council meeting if de- sired by the Council. s/Thomas L. Hedges City Administrator TLH/hnd III .NEL R L+g4IN POD[wT L.Aw • R.O4D[wDM, L 1 0.9"N[T NDw[wW.DL•N' NNI•E N S LO W[NO[LL w,.NO... . . .CK -10 w/gCDCL DTLOCI AM. K uu1D MCNN []]P RON.L0 P /LCTCN[w ,..to C. [R...aON EDWARD A ......LL NCS. L[. IONN. .UGM .... N FULLER JOSCP. w T..o N. DAVID C. SELLE.OP[. JOMN O. IVLL... ROO(RI C. 0011C P .CAR. A 0.SCML [R RFGCMAPD..19 r. .INT..[. J w. CHARLES S. MODELL J D.o[ i2 CN RIC ... 0 l JO.. SEAT,., PM[N ...01oroN J•N[a M SERO T...T [No[P'O. R[ICMOOTi LIND. M I.S.C. .DNAs P. ]TOLTM•N ST.Y" O. LEY.. February 8, 1984 L.ARKIN, HOFFMA\, DALY & LI\DURE\, LTD. ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER )HOG XERXES AVENUE SOUTH MINNEAPOLIS. MINNESOTA SS431 TELEPHONE 10121035-3000 TELECOPIER NO. 16121 035-5102 1)00 FIRST DANK PLACE WEST FEDERAL PRACTICE PARTNERSHIP 120 SOUTH SIXTH STREET LARKIN. MCCARTHY, NOEL 6 FALN MINNEAPOLIS. MINNESOTA 55402 TELEPHONE 16121 330-6610 Mr. James Lacina, Secretary/Treasurer Municipal Legislative Commission City of Woodbury Municipal Building 2100 Radio Drive • , Woodbury, Minnesota 55125 Dear Jim: SUITE 1110 1301 PENNSYLVANIA. N. W. WASHINGTON. O.C. 2000. TELEPHONE 12021737-1000 ACT[q n.8[CF JON S. SWIE.ZeWSPI n ICN.(, ], NA.d.LES w0"CS1 �. r .LI. L I..C.ST P. O ry N LIN "ICH ,C. JA N M A.N C. C. TI. N+N M.P. (. .O... 16.O.C.OK—N. TOPOr(n N.0 TOGO I. Iq[[n•N jasc c OOPLIN D[L PN r. a N .NOP[W A ITC LL O. MOCLLE. 10.. A. TCR • O..S . N. K.O. -en+] D. Lr DDN+LD .NCL L. MOLT 0.. N. L[NgM+N 1 '..0C[ + weTNW [I,(q JON 0. .. u ... ]MLP Rw. LL.IT M1VwLTICN S.D.. 0. PL ..UMII[TT SUSAN P. .... AMT SUSAN L. 0Q.AO ALAN L. -1130W P, WTcwN NAOMI NAOrM. WILL' +r SON O/COUNSEL JosEP. 01TIS LI.N J. II.CSIO.E I would like to take this opportunity to set forth a Representation Agreement as indicated in a letter you received from Jim Erickson dated February 1, 1984. That letter also contained our initial retainer invoice in the amount of $7,500. .Larkin, Hoffman, Daly 5 Lindgren, Ltd., is pleased and honored to undertake representation of the Municipal Legislative Commission (MLC) as special legislative and administrative counsel through June 30, 1984. As you know, the firm has recently commenced work on this undertaking following actions by the Municipal Legislative Commission in late January and early February selecting the firm as special legislative: and administrative counsel. The firm will undertake to represent the Municipal Legislative Commission on issues of concern to members of the Municipal Legislative Commission. It is anticipated that the firm, will work with -'several different public bodies with jurisdiction to consider these issues, including the legislature, state government agencies, the Governor's office, the Metropolitan Council and its related metropolitan agencies, and the newly -formed Minnesota Tax Study Commission. Robert G. Renner, Jr., and I have been assigned as attorneys with •primary responsibility for this matter. We will call -upon the services of other attorneys.in the firm who may have expertise or knowledge'useful in successfully resolving a particular issue. 119 LARHIN, HOFFMAN, DALY & LINDGREN, LTD. 9r. James Lacina February 8, 1984 Page Two At this time, we anticipate that Robert L. Hoffman, James C. Erickson, and Forrest D. (Dick) Nowlin will be actively involved. It is quite likely that other attorneys in the firm will also be involved in this representation. Ms. Deborah J. Grant, a legal assistant, will work closely with the attorneys assigned.to this file. The firm will undertake to monitor the activities of state and metropolitan governmental bodies. The firm will act as the spokesman for the Municipal Legislative Commission and its members.before state and regional governmental agencies on issues of concern. We will undertake to have adopted the policies and legislation consistent with the goals of the Municipal Legislative Commission.- The firm will provide regular updates, through written reports and meetings, regarding issues of concern to the Municipal Legislative Commission. We will coordinate the presentation of information, testimony, and proposals to various. governmental bodies and work closely with members of the Municipal Legislative Commission to develop the information and policies to be presented to the governmental bodies. Other services rendered will include legal analysis and drafting, attendance at Ietings of -the legislature and other governmental bodies, conferences th legislators, members of the' metropolitan agencies, staff, and other appropriate officials.- Miscellaneous services will, include telephone conferences, research, and review of documents and policy papers. The Lawyers' Professional Responsibility Board encourages attorneys to fully explain fee arrangements and the scope of representation in order to avoid misunderstandings. Therefore, I would like to address the terms of the representation. The firm is undertaking the representa- tion of the Municipal Legislative Commission, a new body formed under a joint powers agreement entered into by 14 suburban municipalities. In undertaking to represent the Municipal Legislative Commission, the firm does not undertake representation of any of the municipalities who are members of the Commission. As you are aware, the firm has appeared before municipalities on behalf of private clients of the firm. The firm will continue to appear before municipal bodies and agencies who are members of the Municipal Legislative Commission on behalf of private clients. We undertake representation of the Municipal Legislative Commission with the understanding that continued appearances before municipalities who are members of the Municipal Legislative Commission do not present a conflict of interest. As you also know, the firm is active in representing several other clients before the Minnesota Legislature, state agencies, and ietropolitan agencies. Should a situation arise where our repre- ntation of another client conflicts with our representation of the 119 LARKIN, HOFFMAN, DALY & LINDGREN. LTD. • Mr. James Lacina February 8, 1984 Page Three Municipal Legislative Commission, we will contact you immediately. We will then meet with you and the other concerned client to explain the nature of the conflict. Should it be impossible to resolve the conflict to the satisfaction of all parties, we may be required under the Code of Professional Responsibility to withdraw from representation on the conflicting issue. However, we would be able to continue to undertake representation of the Municipal Legislative Commission and other clients on all other issues. The fee for the representation will be a minimum -of $45,000,,plus costs and expenses, and a maximum of $60,000, plus costs and expenses. The Municipal Legislative Commission will receive an invoice for $7,500 for each of the months of January, February, March, April, May, and June. Costs and expenses, not to exceed $500 per month without prior approval, will also be billed on the invoices. All personnel providing services on this matter will record their time which will be billed at a rate of $75 per hour. In July, 1984, the Municipal Legislative Commission will receive a anal billing for expenses and total services rendered in excess of e $45,000 total of the regular monthly retainers. The firm guarantees that the additional fees billed in July of 1984 will not exceed $15,000, regardless of the total services the firm is called upon to render through June 30, 1984. I have enclosed for your information a copy of the firm's policy regarding payment of fees. We are all very excited and honored to have been chosen by the Municipal: Legislative Commission for this important task. We all look forward to working closely with members of the commission and achieving our objectives and goals. Thank you once again for the confidence you have shown in the firm. Sincerely, Richard A. Forschler, for LARKIN, HOFFMAN, DALY, & LINDGREN, LTD. RAF:ke Enclosure cc: MLC Operations Committee • 120 h�k dtV ®F ecogcon 3795 PILOT KNOB ROAD. P.O. BOX 21199 BEA BLOMQUIST EAGAN. MINNESOTA 55121 ^0� PHONE: (612) 454.8100 THOMAS EGAN JAMES A SMITH JERRY THOMAS THEODORE WACHTER CWCMP M' THOMAS HEDGES February 13, 1984 ON Aa ftffla EUGENE VAN OVERBEKE Gro Ck & BEVERLY ALBEE CHAIRPERSON INDEPENDENT SCHOOL DISTRICT #196 ROSEMOUNT MN 55068 Re: Resolution Requesting Information from Independent School District 9196 Dear Beverly: As mayor of the, fastest growing city in the State of Minnesota, I am often contacted by residents of our community who reside in Independent School District #196 concerning when construction will commence for the Eagan High.School. Without a doubt, most residents in our community who reside in ISD #196 believe a high school will be constructed in the near future on property which was purchased directly east of Northview Elementary School. The City of Eagan is regarded within the Twin Cities metropolitan area as the most viable community for growth and development in the next several years. Our planning commission and city council meetings are quite lengthy every month due to the number of new residential plats that are creating lots for further housing unit sites within the City. Most all of that growth will occur in the thousands of acres undeveloped withing ISD #196. Many residents who have asked about the time schedule for the com- pletion of a high school in Eagan have also expressed their satis- faction in the previous attitude'of the school board to decentralize high schools within the district by spreading the enrollment to three (3) high schools rather than concentrating a great number of students in one or two high schools. It has been expressed to me that the ability for students at the high school level to achieve in their classwork and to participate in extracurricular activities is more obtainable if the high school is designed for no greater than 2,000 students. 121 THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY City of Eagan/Independent School District #196 February 13, 1984 Page Two I certainly feel 'the school district as well as all cities within ISD #196 must work together to achieve the best long range educa- tional objectives for our present and future students. It is my intention to work with the mayors and community leaders of the other cities and do everything I can to support the continuation of this philosophy in years to come. Therefore, I offer a resolution for your consideration that my city council is aware of but has not had an opportunity to formally adopt. This resolution is objective and asks for the answers to basic questions based 'on -facts - from the school administration and our own city administration for 'future review by the school board. n U We must not let our emotions, whether they are related to bigger and better sports objectives, individual school recognition or whatever the case, overshadow the educational philosophy of the school district. Therefore, I submit this resolution and the time of our staff and my personal effort with other communities to work on the answers to these basic questions in a methodical and objective fashion with the hopes .that a referendum can be scheduled for the • fall of 1984 with the answers to these questions presented to residents within our school district before the referendum. Sincerely, Bea Blomqu' t Mayor BB/hd Enclosure cc: Independent School District #196 Board of Directors Independent School District #196 Superintendent -Bill Force Eagan City Administrator Tom Hedges • J' Z 2 OF 3870 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE! (612) 454-8100 February 10, 1984 MR JOHN GUSTIN 3061 WOODLARK LANE EAGAN MN 55121 MR TOM NIkOLAI 1504 RED CEDAR RD. EAGAN MN 55121 BEA UOMQUIST T.t THOMAS EGAN JAMES A SMITH JERRY THOMAS THEODORE WACHTER Cw d nemna, e THOMAS HEDGES Gn Aomm mrn EUGENE VAN OVERBEKE cev Cr RE: Sperry Semiconductor Noise Impact On the Timberline Residen- tial Neighbor o0 Dear John and Tom: In official action that was taken by the Eagan City Council at a regular meeting held on Tuesday, February 7, 1984, the City Attorney was directed to review a future course of action with the Sperry Corporation if the level of noise emissions are not lowered to an acceptable noise standard for the Timberline neighborhood by April 1, 1984. The position of the City Attorney regarding the directive to the City Council will be considered at the April 3, 1984, City Council meeting if the noise emission level is not satisfactorily resolved by that date. Later in the City Council meeting I was directed by the City Council to obtain a noise meter from a State agency and direct a member of the City staff to establish several bench marks between the Sperry and Timberline properties and conduct noise readings. These noise readings will be conducted and recorded at different times, including both daytime and nighttime hours, and under a variety of atmospheric conditions. This information will be available for City Council and public inspection at the April 3, 1984, City Council meeting. Tom, I am returning the original affidavit and exhibits to the affidavit as you requested. On behalf of the City Council, we are hopeful that measures Sperry is taking will resolve the noise emission problems that have been causing grief to the Timberline neighborhood. Any questions you might have about the action course of the City are welcome at any time. Sincerely, ae��Ctt Ap 1 traa o Thomas L • THE LONE �U RVYJHE SYMBOL OF STRER TH AND GROWTH IN OUR COMMUNITY TLH/jj '- LAw OFFICES HAUGEic ANID NIHOLAi, P.A. IS16 MIDWEST PLAZA BUILDING • 601 NICOLL" MALL ORRIN M.NAUGEN MINNEAPOLIS. MINNESOTA 66402 TNOMAS J. NIKOLAI (GIv 330-7461 February 9, 1984 DOUGLAS L.TSCNIDA JAMEe T.NIKOLAI Mr. Da 'd Kelso Mirmeso a Pollution Control Agency Air Quali and Noise Division 1935 Coun Road B2 Roseville, 55113 Re: Sperry Semiconductor Operations Noise Pollution Dear Mr. Kelso: FEB1�,. PATENTS TRADE MARKS COPYRIGHTS As I explained to you by phone yesterday, Sperry's new factory in Eagan is emitting noise at a high level from its roof -mounted ventilator stacks and this noise is making sleep difficult in our neighborhood. Sperry insists that its emissions are within MPCA guidelines whereas, based upon sound measurements I had taken, its noise emissions are far in excess of the allowable levels. I am enclosing a copy of the strip art data taken by Sperry's in-house • people back in August 1983. It is the latest data that Sperry has made available. Note that in taking these measurements, the noise sources were turned on, one -at -a -time, and even then are only a shade below the 50 dBA limit provided by your regulations. The test which it took apparently does not show the combined effect of having all of these noise sources operational simultaneously. • Today, I learned that when Sperry went out for bids on the sound abatement equipment, it advised potential bidders that the noise at one exhaust stack was at 104 dB and that existing 300 meters away was 63-65 dB. We find that hard to reconcile with the information Sperry provided to City authorities via the enclosed report. I believe you have a copy of the Fulton affidavit which reflects the test results which I undertook to have taken and which shows linear dB readings in the range between 63 and 76 at a point just outside my bedroom window. Should it later become necessary to bring a lawsuit to abate the public nuisance which Sperry is creating, we believe it would be helpful to have the MPCA monitor the noise emissions and provide a report to the City of Eagan, copies to our homeowner association and to Sperry reflecting your findings. ,a6 • Mr. David Kelso February 9, 1984 Page Two Also, since the City of Eagan has shown a reluctance to enforce its own ordinances against a large corporate employer, if your monitoring reveals violations of the MPCA noise level standards, we would appreciate any assistance which your agency can provide as far as compelling compliance is concerned. 1 and my neighbors stand ready to provide whatever information and assistance may be necessary to conduct the monitoring operations. Sperry is creating a nightmare situation in our neighborhood and we need help immediately. • TJN/ljr Enclosure c`c: Mr. Thomas Hedges is Very truly yours, Thomas 1 Nikolai 1504 Red Cedar Road Eagan, MN 55121 Work phone: 339-7461 Home phone: 454-6772 i a.-7 LAW OFFICES FEB 13 1984 HAUGEN AND NI KOLAI. P.A. 1636 MIDWEST PLAZA BUILDING • 601 NICOLLET MALL ORRIN KNAuocN MINNEAPOLIS. MINNESOTA 86402 PATENTS THOMAS J. NIKOLAI (612) 330.7 1 TRADE MARKS COPYRIGHTS DOUGLAS L.Tbc MICA JAMES T.NIKOLAI February 9, 1984 Mr. jvdTurco'ISperr iconductor Operations 3333 PKnob Road Eagan,55122 Dear Mr. Turcotte: 1 had hoped by this time to have had the opportunity to meet with you concerning the noise pollution created by Sperry's Semiconductor Factory. Bob Falstad, your Law Department attorney, indicated over a week ago that he would have you call, but apparently he or you felt that this would be unnecessary. Since taking over as Vice President and General Manager of the Semiconductor Operations, 1 don't know to what extent you have been briefed on the intolerable situation your factory has created as far as your • neighbors on the north are concerned or the remedial actions supposedly undertaken in an attempt to cure the problem. Information provided to me today makes it clear that the Sperry people who have been addressing this problem have been acting in bad faith. Specifically, last summer when the complaints started pouring in, Sperry personnel conducted certain tests along the north property line and concluded, based upon those tests, that the noise emissions were within the Minnesota Pollution Control Agency guidelines. Those tests proved to be incomplete and inaccurate. Also, as it turns out, Sperry knew that those tests and the representations being made with respect to them were false or misleading. L Only after the Eagan City Council passed a resolution finding Sperry in violation of the applicable zoning ordinance under which it is operating did your people initiate any steps to correct the problem. Way last October, while insisting that it was in compliance with applicable MPCA regulations, it offered to put sound attenuating equipment on all of the noise sources on the roof of your building. It later reneged on that promise as well. 4 a • Mr. David Turcotte February 9, 1984 Page Two Be that as it may, when it went out to obtain bids on an attenuator to be placed on the basement ventilating stack, I have been informed that it advised prospective bidders that the noise at the stack was at a level of 104 dB and that the noise level at the property line was 63-665 dB, values far in excess of the MPCA guidelines and far in excess of the data earlier provided to Eagan officials. The Sperry representatives also indicated that a 19 -week lead-time would be needed to design, procure and install the sound abatement equipment. That estimate was made back in mid-October at the time that your people were promising to equip all of the stacks with the attenutors. Subsequently, the Sperry people decided unilaterally that only one attenuator would be needed. It did not revise the lead-time downward in any fashion, even though the project had been cut way back in scope. On several occasions over the past months I called Mr. Michaud and inquired whether the sound abatement equipment procurement was on schedule. He assured me that it was. Then, at the City Council meeting on February 7, he effectively asked for an additional 6 weeks beyond the 19 weeks originally projected. • I found out today that the contract for obtaining the attenuator was let on February 3, 1984, only two days before the City Council meeting. It was also determined that the cost of the item in question was about $3,000. The six diverters are estimated to cost an additional $500.00 each. Thus, the total cost of the fix planned by Sperry is way less than $10,000. • It is almost obscene that a company of your size and stature would subject the neighboring residents to the noise emissions you have when an expenditure of such a nominal amount could have resolved the problem. I think you should require an explanation from the personnel involved as to why this matter has been allowed to drag on as long as it has and why a still further six-week extension of time is needed to complete it. I venture to say more has been spent by Sperry on meetings about this problem than on the cost of the noise abatement installation itself. The mendacity exhibited with respect to the testing and decibel readings provided by Sperry to City representatives made it necessary for me to hire a noise expert who undertook to take tests at my home only to verify what Sperry knew all along, ix, that its noise emissions were well above those permitted by the MPCA regulations. I think it is only fair that Sperry reimburse me for that outlay. w0t • Mr. David Turcotte February 9, 1984 page Three If Sperry is indeed sincere about wishing to be neighbor", then it ought to drop the public -be -damned been exhibiting and take care of its pollution problems. TJN/ljr cc: Wmas Hedges Mayor Bea Blomquist E 11 Very truly yours, a "good corporate attitude that it has Thomas J. Nikolai 1504 Red Cedar Road Eagan, MN 55121 Work phone: 339-7461 Home phone: 45416772 130 11 r1 LJ • Administrative Offices CITY OF MENDOTA HEIGHTS Honorable Mayor Bea Blomquist and Eagan City Council Members 3795 Pilot Knob Road Eagan, MN 55122 Minnesota Racing Commission and 312 Central Avenue, #400 Minneapolis, MN 55414 Dear Ladies and Gentlemen: February 8, 1984 Metropolitan Council 300 Metro Square Building St. Paul, Minnesota 55101 During the past month, there has been much discussion in Mendota Heights about possible detrimental effects of the proposed Eagan race track facility on residential areas of our community. In particular, residents of the Friendly Hills subdivision, located approximately one mile north of the site, have voiced concern that the race track would lead to undesireable noise and traffic impacts on their neighborhood. At its meeting of February 7, 1984, the Council was presented with a petition signed by 547 persons, expressing their opposition to the racing facility. In response, the City Council passed a motion to notify you that the Council, in support of the majority of its residents living south of TH 110 and east of Lexington Avenue, cannot support the location of a racing facility in Section 1 of the City of Eagan. It is planned that a Council/resident informational meeting will be held in the City of Mendota Heights in early March to review the Environmental Impact Statement. Any further Council comments that may emanate from the review and meeting will be forwarded to you for your timely consideration. RGL:madlr Sincerely, ' Robert G. Lockwood Mayor cc: Friendly Hills Civic Association Dakota County Board of Commissioners Metropolitan Airports Commission Governor Rudy Perpich 131 750 South Plaza Drive • Mendota Heights, Minnesota 55120 • 452-1850 • • r1 L STOLPESTAD BROWN & SMITH RWY ESSONAL ASSOCIATION February 13, 1984 2000 Norm Central Tower 445 Mif xm:0 Street Saint Poul. Mirreso:o 55701-2171 Telex 703767 Tefthone (612) 222-1501 Attorneys of Low Minnesota Racing Commission Suite 400 312 Central Avenue Minneapolis, Minnesota 55414 Dear Minnesota Racing Commission: James A. Stolpestad reLawliC Brown Stephen E- Smi:h Michael T. McKim Gary L. Gandrud James J. flyon Eaward F. Fox Gary Hansen Barbaro S Sellers Dovid M Crerrors Than= F. Surprenont Dovia E. Moron Lori Wiese -Parks Coe A. Es:erhoy Jeffrey A. Peamon Timothy 1. Grande C' Carse] Gecrge C. Xing Cc". A 5v.Erson FEB 14 1984 Please be informed that the Sunfish Lake City Council, at their regular meeting on February 6, 1984, expressed their unanimous opposition to the proposed race track in Eagan. At their next City Council meeting, they will consider a resolution formally setting forth their reasons for such opposition. Very truly yours, N. Gary andrud City Attorney GG/kj 2346-999 cc: Mr. Tom Hedges, Eagan City Manager Mr. Duncan Baird, Mayor of Sunfish Lake 13k 0 0 Eagan answers concerns T about racetrack location On Feb. 6, the Mendota Heights City t ouncil received a four-page letter from Fagan Administrator T%Hedge giving ap 'initial response" to concerns about a proposed horse racing track in northeast Fagan. The Mendota Heights council wrote Eagan Jan. 18 at the request of citizens fearful that a track would cause increased noise, traffic, crime and diver- sion of aircraft over Mendota Heights. Below aie excerpts from Hedges' letter. On diversion of aircraft: 'The City Council has addressed this issue emphat- ically by a resolution that no request for deviation of flight path will be permitted by the City of Eagan ... the developers have agreed with the Metropolitan Air- ports Commission (MAC) to grant to MAC a so-called air easement, which gives to MAC the right to fly air- craft over the site, together with the right to cause any noise attendant to the ordinary operation of such aircraft The applicant has agreed with MAC that this easement will be executed as a part of its application to the Minnesota Racing Commission. From the point of view of our staff, it is hard to conceive of a more definitive resolution of the matter" On noise from the track itself: "The midpoint of the grandstand is located slightly more than .66 miles due south of the Interstate 494 right -Of -way, and separated therefrom by a series of low-lying hills. (The racetrack is to be built into a natural bowl between a series of hills.) It Is the opin- ion of our consultants that it is extremely unlikely that an individual standing on the south border of the 494 right-of-way will be either able to see (at night) or hear the racetrack ... and that it is inconceivable there will be a noise impact from the track on resi- dents living more than a half mile north of the 494 right -Of -way. - On increased traffic on Dodd Road (Highway 149) and Delaware Avenue.. "Local roads are eNxvW to experience oaly minor Increases in traffic Highway 149 north of In-, terstate 494 will experience a 5 percent increase in? traffic directly attributable to the racetrack ..'. Dela-1 ware Avenue will have a 7% percent increase in.traf- fic as a result of the racetrack." On increased crime: "The Minnesota Jockey Club will be required to hire its own security force consisting of fully trained and certified warrant officers and fire safety person nel... The Eagan Police and byre Departments con- ducted extensive research on these sobjecty. Their . opinions, as reported to the Eagan City Council, are i that there does not appear to be an increased demand for fire service from a racetrack, and there does not I appear to be an increased demand on public safety, officers with the possible exception of traffic control, which will be handled by uniformed, off-duty officers paid by the racing facility. There appears to be a very modest amount of peripheral crime, at or below the level that would be expected in a regional shopping center." On the representation of Mendota Heights' inter. eats in the environmental impact statement done on the site, expected this mouth: "Please be assured that the analysis of the impacts associated with the proposed land use development (which includes the racetrack) is not at all limited to the political jurisdiction of Eagan, but rather includes the entire subregion (including Mendota Heights, Sun. fish Lake and Inver Grove Heights)." 133 SI PPHVL DiSp^ c.A F"Eo is --sq • I ....� ..� ...7aoraas meewa m opPoe tae pram mm a nerve m ncelna ta Eagan. Plered 0 the podlom h Carl Cnmmlm• Mens \'ashea unc. who pr -rated the council with • peWloe rWWRLD9517 alpa me, from resident, eppmed I remouoe, "" cited stemless Hefghtr was against the Eopn mmurack prvpmal. Poen by Jahn W'adeB. 1 MH restaents spur . council' I to oppose Eagan racetrack By JOHN' WADEtJ. Sart W'ril" NNN nhe Mendota Het" city Cocoa passed a 1-alutiao w Feb. 7 oppi:,q tie pmpmed hate racer. elle is Fagan. A Petition, 11goed by 547 from the soothers porton of the city was cough b MY camcif members to reverse their stand taken at a Previous council meeting and in cep Ione the race trail This was the setmd meeting this year that residents from the Friendly Hili reddmtial aro filled the city's cmmdl chambm b express theiroppositiontopbm ta build a rpmmck slue in Fagan. Eagan's prvpmed racetrack facility is ane Of seven sites still heft rn si le ed by the Minnesota Racing Connotation fon the stae'$ fiat Imine racing track. 7 a Fagan elle b bated ane -0311 milt from the Friendly Hills area, and resMmtl ,here are fm mad that the track would result in immved oMfe. traffic crime and rezoning problems f Mendota Heights. On Jan. 17• the Mendota Heights 1sadded1s urged the city camtll to ofRc®1h nppme the location of the rarewck in Fagan Al that meMay council members said they wm d not make a hasty decision to oppose such an important project by their muthergy, neighbor. Fapa Commil Fmembers +asaid official oppositima ' proposed acnnck site by Medoc Height could Wne the ' o ung relationship between the own TIE PETTOv. and the Wile proving of residents In Merida Heiglds for the seemed meeting In two months proved ten strong a force for the cmmti to ignore 'Tse residents are asking m not to s1tPos3imly and Lni icsteurc approval Of the racetrack by rot anylhlog•" Councilman Chaar es Mertemattould. "Ila received many alb again this week w the tamnck. and I've neva received a ail In stWPort of IL We balm a responsibility to the people to not mppmf the location of We racetrack." The coocU'S motion to appose the racetrack site In Esgso passed by a 11 vole. with Camdhaman IJs 6h11 abstaining. Voting again, the motion wSa Councibrom Jahn Hartman Hartmann aid the cound w.as attempting to "tell another governing body what they as do with their land." Will apparently abstained from the votingm the mot m became she is employed by the city of Eagan As a result of the Jae 17 meeting with the FnendtY Hills r-iden,s• the council Sent a letter exposing the ,I, cmavm about the m efrack to Fapq the Mim-ota Racirg Commission, tis MmopmEtan Air, pats Cummisslon, the Metropolitan Camdl and the Dakota Canty Board of Commissioners. the elfav tis horse raring farillty .cold heve w the stmgmding urn. Menmta Heights did receive a five. Page letter from Eagan City AdmblsLmw Turmas Hedges, wbich responded to the samnmm of she cit, staled a the Medota HeOM' Idler. City Administrator Kevin Frump which he 1readto �h of Hodges, &I tth, he Menti Heights cmzw l meeting on Feb. 7. Mending to Hedger' tetter. tarot pleliw or Inteatae Oe will crate far more proble® with Land our in Mendota Heights than the racetrack lig. Imemate d will he. bated between the racetrack and the Friendly Hills arca In Mendota ud"- Eagan's plain fon a ar-acre perimck and a 19"ese commercial 2122 around the tack wwdd take rap less room than if a shopping center was located thee, Helga mid. Te Eagan ether stated that public Safety shcWd not be a concern for the Madam Relglts' residents doe the racetrack win provide Its awn rim service ed security from. Traffic cased will be provided by off-duty DoBmoen paid by the mfq facility. Most of the traffic Litman- created by the faddy win be w 1491 and Highway S. according b the Eagan k11er. Hog- untkipwl- ono ■ e Road a Inseam a vatlle m Dom Rod and a 7y' Dermot tacr22Sa of vefcia ndmme Iklaware Averphe e Eincom rnaS BEEN Preparing an Medota Haiglhn if tis tack tl atm. Eoviroovhental Imp,g Statement on attvted. o3 4 \OISE SO SHOULD not be a factor, athgagag to Hedge. The racetrack is expected to be built In a natural bod. AcNding ta Hedges, It is unlikely 16vt residents would be able to We or hear the track from I.I91. Fagan has;afro Pasted a resolution stating that the city will set rtqu-t any�ngd in aircraft flight paths over the neelmck• which was me or the major comes of the Medoc Heighb' res,hdmm -. Te Mlnneda Hung Comm umen is planning in choose a meetnck site by March 7d Fagan will be holding e public hearing w lir P."imarmccun Impact SI on Match 4 with deadline fol submitting g comments, m thepropme� rot far March a. Te Methdora Heights ssstMl plans to hold its duo public hearing dmf th wed of ktalch 5 to allow c®msd residents tgstae their opposition to the Eagad racetrack proposal. IhdermoHm'gathmd at the meeting f MedotaH tlwould then be sago Fape y e held a the S purse bearing my he IoW lo the Somerset School auditorium rb hurdle the seeded ttwd a QCeLracd citiztopic has Each lime the ceUad topic h- rem hewwgtd �I t a city council mtcieg Nee ha been WdinH roomi•nh ttowds HThI e M la Herts city owns r ilrh� Ilam for the public baring ism Eagan racetrack site proposal at its Feb. 51 meeting_ L 0 Decision on track . site still pending By DORIS KELLEHER ' The proposal of a race track at Eagan could be a case of "much adc about nothing", according to Frank Svoboda of BRW Planners whc have done the EA W (Environmental Assessment Worksheet) and the scoping y Club sitc development 5proposal and are worion for the Laukkaa king Minnesota g onthe E S (Environmental Impact Statement). Svoboda said although Eagan is a strong contender, Blaine and Shakopee also have already gone through the EAW and other preparations and are now working on the EIS. And, Woodbury and Savage are beginning the necessary process. Svoboda said that although certain aspects will not be addressed in the EIS, they are looking at housing projections, public services and the existing zoning in the surrounding communities. His firm is also involved in the development of the site other than the track which will include retail shops, off ice show room, and straight 'office space. The track is proposed on 2344 acres. included within the.track development will bea grandstand with initial seating capacity for 7,500 persons and full development seating for 15,000. Grandstand parking would include 4.100 regular parking spaces with an additional 3,630 spaces to accommodate overflow parking. Other facilities developed In conjunction with the race track will include a combination administration/cafeteria building, receiving barn for incoming horses, water stations, stables, maintenance yard, exercise area and equipment building. The track itself would be one to 1.75 miles in length with 6.5 furlong chutes situated on the northwest and Southeast ends o! the oval track, Anticipated cahstructron coats are $1f million. :+ - If the Eagan site is chosen by the Minnesota Racing Commission as the one to be developed as a race track in the Twin Cities Metro area, construction would begin in 1984 with a scheduled completion date of summer 1985, Svobada said. The racing season would extend frot�i June 15 through Sept. 15 with the events scheduled to take place five days of the week, normally Wednesday through Sunday. ,3s ,5 lJN ,414�GU$ ,PAIAI e 2 /` t0 /s- 8Y E • ouncil opposes racing in In a room Idled again with mare than 80 Friendly Hills residents, the a near the track, He said he is lot oppoad to the daily onto TH 149 and Delaware Avenre, mid id traffic fore. Mendota Heights council =it of. ficial action Feb. 7 to oppose the dcvdopnem of the sae. butop• Pond H such development affects costa are based an the mew area regional Population. building of a race track In Fagan, The motion stated the city staff the comfort of living for Mendota Heights residents, Most tripamardfromthesaeare was to"notify lheckyof Fagan. the Time in the room applauded to be an TH a and 1-494. local real are expected to ex. Minnesota RacingCammissionand the Metro Council that Mend= lo0owmil the reading Of loakb®'s letter. perlrntt tidy mbar Immases In Heights is supporting the majority of residents living south Of Highway Cummbu continued saying there have been new developments the traffic, he said. Noise, Including both anticipated Ito in opposition to the racing Incil- an roe, track He said the racing mise generation of the crowds and Public address system at the site ily proposal at the Fagan site. The council cannot support the commission has adapteda schedule Of Proceedings and things wW masa and the poscbaitY that aimmlt will be diverted northerly Of thee,IstLr location of the —track In S.atim 1 In the city Of Eagan.- the mike quickly. On March 1 there will be requests night corridor to avoid conflict with track operations was another con, mid. The vote passed with coanca for, Shing by developers. Public hearings will be conducted March cern that Hedges addressed He saki the grandstand is located members In Nit abstaining and 10-16 and the froachtse is to be slightly more than 66 miles duo John Hanmann voling'taY.' The action apparently was what the residcnu wanted the council to awarded March T& Cummins bdwated this Is Inde. south of the Oy rightaf•way and separated by a series of low tying hebw the ihu would he ex- in quate time to do all that might have hens. do m its Jan. 17 meeting, affording to Ruth and Gus Hipp who ave in to be dam lgaay. Ile said the concerned residents have secured a The trust B to be built into a natural bowl between a terles Of Friendly Hits, But at that mining. the council Petition In opposlum to the. reco track In Eagan with 547 signtum hills. Itisuolikelythat anindlvbuai standing on the sm., bordor of M directed a letter to Fagan Inform- Ing the mayor and council of the to date and will conunnetoeirculats the petition rightof-waY will be either able to residents' concern. "Marry people arc not swore the see (at aight) or hear the track rofsn. "At gust they faaaY did some- - thing the People ward." Hipp said at ouch Is Proposed to be an dose to Mendota Heights," LYnmmW said. Consultants believe it Is boon- eclvable there m be mdse ion pxt the meeting break. Attorney Carl Cummins asked He continued by saying many residents from tho truck on n,sidentts flAng ' that a letter from council member were mac,,md with statements made in theda ly news- mot, tan a hail nule no. of the right-of-way. Jim lnaleben be rend. It had been seat when Iaslehen was absent Paper which were attributed to council member Liz Win. As to the possible diversion Of the from the earlier meeting. He further said that Witt Is em- edsung flight corridor to avold conflict with track operations, The lever mid the councilman played by thecitY of Fagan and said Hedges said the Eagan city council had numetom ecus regarding the track in Eagan and indicated his she has an obvious conflict of in. term. (See accompanying has a W,,,Id this by resolution that own concern If the track would be a sarin for mspms, todargn). an request for deviation of RI$u path will be Permuted by the mise generator and If traffic would Cummins asked .that Witt city of Fagan. Increase an Itl. He also wondered If publk address carryover would withdraw Im, any action taken an the track and asked the This has bear reinforced by m- tine add to mise and if aircraft would be caul to consider the Propriety a( her sitting of the developers who have agreed with the Metropolitan diverted aver the residential area. Imleben also expressed nce expressedcorn an the council an the issue Prior to Feb. 7. m action bad (MAC)in ram: a a the later mer whetherorort tie been taken by the council accept a W.,athd air casement which gives MAC the right to fly aircraft council will be able to maintain direct staff intend a letter to Fagan over. the Ste. casing in the and bordering the city council and mayor regarding can. Hedger further assured Mendota c,rasof Mesdoa Heights residents. Heights that aU the concern, es - Cummins then entered the re- pressed willbe properly addressedceipt Of the Petition to the city clerk. In the Environmental Impart Mayor Bob Lockwood introduced Satemnat(ELS). new city administrator Kevin Forst and turned the meetag Council member Chuck Mertmmtto said with aver 500 over to him to read a letter reecived names an the petition and with the ..i Iran Fagan adminLswtor Tam second app earasau Of the residents " Hedges. Hedges Hedges wrote In regard to the m the anmal meeting. t shows 'they are Opposed to the track and Mol Of Land use between Friendly Hills and the track, "any we should not sit back as though we. a Mooning of within cll9 appose LL.. ,[ME NEIGNTS• Can ration most id n1 Ja - Rile-seIwsalonE amts must bad I --"�— — - Eagan "We now have to tea Eagan we cannot support the truck. Then we will ulhe representing our constl- tnts. I think the residents are as" at to Officially slow we are we supporting IL Iockwood then asked those at the mcotne If thoY would like to have an Infarmatbd meeting regarding trote track. rotrack. and rauived an enthusiasac'Yo.- i He said the date and time willbe ,set and Published by the Feb. L meeting, I I nen IF and Mandate NalghN' former Regarding WW safety Inyoly-- Ing SII Al NE WJ S flA h city manager Owil Johnson. the ab'dm.+I need far foe and pea in frent of a piece of heavy during Polies PretWElon. as well os the likllhmd of increased atne In �( ' equipment groundbreoking far Losing on areas surrounding the focWty. Hedges sob TM Minnesota jockey Heights. The 795 unit um as g PI Club wW have its own W,%ujly force oanehn at three b ildirgs Of fully trained and cenWed war - with era and two Mdreem ram Officers std fire safety Per - rental units. In addition then marvel. will be underground parking There eeemsto Deo very modal and tennis courts. The new amaant Of Periphneral gime at a complec Is located cls blacks hebw the ihu would he ex- in south an Wdngton Avenue eN a regional shopping cen- � 3 LV Highway 110. sab. V As to diversion of traffic. esm- Proposed site in Eagan: e track plan. spursac By DORIS KELLEHER The three areas most affected by a race track in Eagan would be the city of Eagan- itself, Mendota Heights, Sunfish Lake and Inver Grove Heights. . Mayor Bill Saed of Inver Grove Heights, indi££ated his city council has continousfgsupporled the pro - poral of a racetrack in Eagan. "in fact we hoped N see it in the city of Inver Grove Heights but we had no appropriate site," Sued said. He said he can see there will be many benefits from the track such as auxiliary businesses springing up around it which will provide additional employment. "it will be a boon to Eagan and some of it is bound to spill over into Inver Grove Heights," the mayor said. Sunfish Lake mayor Duncan Baird said he and his residents are ..very upset." "We are planning to have a reso- lution passed at the next council eeting opposing the track in agan. It violates all the plans for northern Dakota County which was to be a prime residential area. You don't have this with a race track WEST- Si PquL ngxt door." He indicated his city's citizens are "tired of going to the mat but we have an impeccable record for being implacable in resistance." He said the city was "hurt about h losingthe highwaysuit" butwentas e far as they could with it—to the "Supreme Court". "We now feel battered with air- planes, race track and the proposed highway," Baird said. b He indicated that 82 percent of the d planes go over Sunfish Lake and y although they have tried to operate through the noise abatement coun- a cit they have had no luck. "I am not sure what we will do publicly or privately regarding the i track," Baird said. "We were not included in the EAW neither was t Mendota Heights." He said the city has requested fi they be included in.the EIS. "If we are not included there is one possi- bility we could go to court and ask o all operations be suspended until we are included." c Mendota Heights mayoi Bob t Lockwood said his official opinion was stated in the letter sent to the Eagan mayor and council following the Jan. 17 meeting when Friendly IHills residents attended the council meeting opposing the track at Eagan. The letter stated that about 90 people living in several neighbor- oods located near the city's south- rn boundary attended the council meeting concerned about the pro- posed race track. "These residents asked the coun- cil to take action to oppose the track ut the council declined after due eliberation and instead voted that ou be advised of the issues that do pose a concern for both residents nd council members," the letter continued. The areas of concern are: rezon- ng or pressure for changing land issues between Friendly Hills and he proposed track; public safety— the need for additional police and re protection as well as increased crime in the area surrounding the tr Mefvuera HEI6HT-S S uN �Ed is-8�1 • ack; diversion of traffic especially nto trunk highway 49 and Dela- ware; noise -anticipated noise of row ds and public address sys- ems, at the site and the possibility Race track _­ _ TApage 8. Race track From page 1 that air traffic will be diverted northerly of the existing flight cor- ridor to avoid contact with track operations. It was acknowledged the EIS would address some of these con- cerns, the letter stated, as related to the site in Eagan. But residents concerned it the EIS addresses these concerns as they affect the area beyond the Eagan limits. . It was specifically requested the EIS contain the appropriate in- formation addressing the above is- sues as they affect Mendota Heights and the immediate area, the letter continued. Althoughthe council declined to go on record as opposing the pro - Posed track the council members are obviously concerned with the above issues as well as other mat- ters that affect the relationship of the two local governments, the let- ter ended. 137 �Be tt °1 g�ai: a � AlIt la Sa��!1 1 sbB �i 8 bz r x p g rw��Jy��g����c�g�E���B�s� �6 6 q 9 g s = 1 j $ all ISS V ilii°dye i Hill CL 1PH5 1 211€i 1,111, 9$ I I I ho. � � �9 011 2 1 a 4"3 AIR$ $� sf a b fill Ili JA4IS lit I jr O ,�3 In C qy S B t) C$E V/ "95`66,9 a n59�g a W. 2 ��yM tj s o �_ 3 a 9— Sg 3 €_ m it W � 'i'gyyS�s9yyF13 98 � @ 9 g�E 5'6 P 2 . 9 11 5-01.41 gag 8 E® .or RRr! 8� ag wG 11 lot 2 a Q% h h 1 W h 8 E® .or RRr! 8� ag wG 11 lot • • E Mendota Heights says nay to track location I By Beth Gauper ' Staff Writer A resolute crowd of Mendota Heights residents got its wish las week, as the Mendota Heights Cit Council agreed to formally a proposed horse -raring track Eagan. Confronted by the crowd and petition signed by 7 percent of the city's population, the council voted 3-1 to send letters registering i opposition to the track to Eagan the Metropolitan Council and th Minnesota Racing Commission, which hopes to choose a track site by the end of March. Councilwom- an Liz Witt abstained from voting. Race N Continued from Page 1 SW Mertensotto-. "I've received many dozens of calls against it, and not one for it." Councilman Jim Losleben said he thought the track would disrupt life in Mendota Heights, whose southern border is one-half milt from the proposed traca m. "In the community we have now we quiet down at the end of the week," he said. "A racetrack on that location is going to dramati- cally change the weekend appear ance of Mendota Heights." Mayor Robert Lockwood also voted to op- pose the track. Councilman John Hartmann said he did not think the evidence showed the track would be a nui- sance. He voted against the resolu- tion. - "The interesting thing I find here is that the individual members and the mayor who voted for it just happen to be up for re-election," he said later. "I also find it strange that Charlie Mertensotto spoke be- in:;Eagan The council had been asked to ,oppose the site. at its previous meeting. It had refused to take a position until it could see the envi- ronmental impact statement now City in draft form. The council did send oppose a letter to the Eagan City Council m expressing the residents' concerns about traffic, noise and safety. A a five page response arrived from Administrator Tom Hedges on the day of last week's meeting. But the its council appeared to pay it little heed. e "Five hundred people are telling us they're against it, and we've got to reflect the thoughts of these peo. ple," said Councilman Charles Please see Race/2SW fore against the advisability of a resolution, and then makes a mo- tion for the resolution. The viewpoints of those people werere- flected, in the letter we sent to Eagan." - Witt also said later that she is convinced the track would not be a nuisance, but that she had ab- stained because she 'really didn't want to stir up the pot anymore." Witt, who is deputy clerk. of Eagan, was accused by Mendota Aeights resident Carl W Qmmmins III of having a conflict of Interest Men an ta Heights attorney Sher mWinthrop said he did not mow if Witt would have had a conflict of interest had she voted According to Cummins, who spoke an behalf of the petitioners, 139 immediate opposition by Mendota Heights is necessary because the time allotted between public hear- ings on proposed track sites and the selection of a site is too short for effective opposition. Under the schedule set by the Minnesota Rac- ing axing Commissions, applications would be due March 1, hearings would be held the week of March 12, and a decision would be made March 28. Mendota Heights residents, Cummins said, will continue to col- lect signatures on their petition. "We're continually finding peo- ple who are not aware it's so close to our border, they still believe it's In 'distant Eagan,'" he said. "We believe we're performing a valu- able service by presenting the facts of the case " ,5 PAUL D�s�Hrc%1 F{g /S- ry 0 • Sunfish Lake protests racetrack proposal in Eagan By Beth Geuper not attend any of the public hear- see any reason why people In held in Fa on rezoning and be roaming around on Staff Writer Tiny Sunfish Lake, long frustrat- ed in its fight against Interstate 494, has entered a new fray on its southwest frontier. The Sunfish Lake Council voted 4-0 last week against the proposed borne -racing track site in north- west Fagan, becoming the first city council to formally oppose one of the eight proposed track sites. 'Sunfish Lake was joined a day lat- er by Mendota Heights, in which the council, by a vote of 3-1 with one abstention, decided to register its opposition to the Fagan site Sunfish Lake Mayor Duncan Baird said he had known as early as but slimmer that the site was. nearby, but did nothing until he heard Mendota Heights residents had mobilized egg it. Fagan, he said, "is a very large community with a lot of muscle." "rd been very coacemed about it "._gaird said. "Sadd 1 It oe- ot>rred to me I aaeo't,alone any- -more.' Despite his concern, Baird did financing for the track. "I muffed the ball," he said. A racetrack, Baird said, would have SIV adverse impact" on Sunfish Lake, a 1% -square - mile, semi -rural community of ex- pensive homes at Eagan's north- east tip. '"lois whole area Is designed to be a high-class bedroom area, and to put a racetrack in the middle of it is bad news," he said. "Generally you get a bunch of things that are not desirable. When you live in an area like this and people are flock- ing all over, the results are inevita- ble. They'll be poking down our driveways, picnicking on our lawns,. and throwing garbage around. Do we want a whorehouse across the street?" Sunfish Lake will be separated from Eagan by I494 and from the site itself by one-half mile, but cars will still have access from Dela- ware Avenue and South Hobert. 'However, says MoM traffic en- meer Michael Robinson, "With a freeway system like that I don't 1+6 would local streets" Still, Baird said, the track would threaten the existence of his care- fully planned town. "One of the things that's hard for people to realize is our budget over the years has ranged from $70,000 to $90,000 a year, and 25 percent of that we spend on planning," Baird said. "We paid for and filed a com- prehensive plan, having said this is bow we're going to be, and it's ac- cepted by the Metropolitan Coun- cil Then we get this kind of thing. We don't have all the resources in the world, we're trying to do the best we can, and here comes some- body sticking a torpedo in it. We spent $35,000 for nothing, and it's not funny." - 1 - H the track goes in, he s S. fish Lake property values will go down, people will move out, tax collections will decrease, and Son - fish Lake will become a "waste land." "I understand this is the only site opposed by two city councils; Baird said. "That ought to weigt for something." y i51�,�u-( D)sPA\c-I1 F-ia- is= 8,Y Race track decision • likely by - mid-April • • By Robert Whereatt Staff .Writer The decision on who will build and .operate Minnesota's first parimutuel horse racing track Is expected to be made by mid-April, the Chairman Ray Ellot'of the Minnesota Racing Camm`kslon said Tuesday,,_., . Though there are eight prospective groups with sites vying for the li- '_cease that will be issued for a track In the seven -county metropolitan area, EUot said he believes only tour or five applications for the license will be submitted to the commission. Some Could drop out of the competi- tion because they cannot meet dead. lines or because the application process is so expensive. •"The nine -member commission adopt. ed rules yesterday that will be used to decide which group gets the It - cense. The deadline for applications Is 5 p.m., March 1. - .. "I expect them all (to be submitted) at quarter to five on March 1," Eliot said. "It probably is going totake us 45 days to go through them (after the deadline)," Eliot said. "I think we :can arrive at a decision Inside of 45 days" 'Ellot.also sold that the track could open 14 or 15 months after the 11 - 'cense is (sued. That would put the opening date In June or July of 1988. 'Me chairman has said that It would 'lake a miracle" to open a track In 1985. He said yesterday that a mir- acle still may be needed. s. . There are three or four other obsta- cles that could prevent a 1985 loau- gural, said Eliot, including a possible protest from a.group In Eagan. He said there Is concern that an Eagan site could move aircraft flights over residential areas . ,,- Here are the eight sites in 'which developers have expressed Interest, according to Eliot. Blalne, Eagan, )Farmington, Una Lakes -Centerville, Shakopee, Savage, Woodbury and The Commission also Incorporated Into Its rules a provision that re -.1 quires the.group that wins the U - cease to agree with labor unions to a nostrike no -walkout contract. 141 April racetrack selection is seen By George Baran Staff Writer Ray Eliot, Minnesota Racing Commission Chmre Tuesday that serve the Twin Cities area will be selected in April and could run its first horse races by July 1985. Eliot said his optimistic timeta- ble assumes that no lawsuits Will be filed to challenge the commis- sion's licensing process. Track li- cense appplications must be submit- ted to the commission by March 1. Eight suburban sites in Dakota, Washington, Anoka and Scott coun- ties have been proposed for the $50 million track. The commission ex- pects to get formal license applica- tions for six or ore of the sites. • The contenders include Eagan, Farmington, Hastings, Woodbury, Blaine, Lino f. akes-Centerville, Shakopee and Savage. Track construction would be de- layed in event a lawsuit challenges the licensing process or someone Cthe Metropolitan Council to determine whether the track has metropolitan significance, requir- ing more reviews. The commission removed anoth- er potential problem by approving a policy banning strikes and lock- outs during construction of the fa- cility. Under the policy, a track devel- oper would have to agree with the state AFL. -CIO building trades council on no strikes or lockouts. Please see Track/ 2C ►4a Track-,, - ■ Continued from Page 1 C The policy was proposed by Commissioner Dan Gustafson, Golden Valley, secretary -treasurer of the state AFL. -CIO. Fifty rules governing the track license process received final ap. proval by the commission after mi- nor modifications were made at the suggestion of state hearing ex- aminers. The commission also received a county fair racing request from the Traverse County Racing Commis- sion based in Wheaton. James Schoenrock, chairman of the group, said that the fair would like to have five days of thorough- bred and quarterhorse races begin- ning next year. He said the group is ready to spend $50,000 to upgrade its horse barns and track for pari- mutuel racing. Eliot advised the group that It may have to spend more money than that to provide secure stables, j fencin and proper betting facili- ties. The commission intends to li- cense county fair races after the Twin Cities track license is issued. 111Fr/topc A-IT—Artr Afe-LoS TAry r8-Qy T W Fast-track tinan ng _ Should communities agree to race- track developers' bond. 84clemes? Tbe city of &San Ire month apprmed appUra- it= prceented by the M nnesnta Jorkq Cl W- for $6 million, Ie W Wetement IbwwW{ and g I million W ladmlrlal menue ho l 1 W help /Wants • Qas A perimmnel ram heel. Tots acUm lomved several rmalae of thew by We .Advisory Pl+nnln{ Cammtdm. We Flaay.! Commit. te4 v�cb is e lal•Ondln2 committee, of We Fagan Qty Council, ad the Qty Comell u a whole. The sot Wvohed Was by Daum Had>m Cao. and weed Ire a 1 methal Nopply oenfn mom than 15 yan ago, lie tenter m never Saul and. a a result. the property want will. The site was ave of them flm0sb fa the domed slam® five yearn ago, The Ewa Comprhemlve Guide Pse. Nod no ad" sing and ylane, bas continued W reserve We ted IN rtftlauUY aIN I- ranl me, The cliff malty7 and steel p alfa rellem Ws no, given the Shopping Ism a Ic ad the topopaphy Is ralle thisied with Bever � u pMwed IIwIWm1 mm nulytLy m9 'The Adasory, PWUAq Coemlmmlm NW Seven! public hearings W consider the wens MW develoepp meet m the ram bah and appwve the project Tee Qty after aevew meetings determined the laeiutyy Iste a good acompatible me m the land of emdil W the cill, The F1mnm Cemmlmee w instructed W mdy and report no, the financing pwpnala The Fieaae Cavmlttal mW the sum criteria W ennobling this prepared that an used fee other f4 eatrlmg assidame remota, aetiWC IspIrNp �IW{ncing cipermitted? property I[� al�U the sing b approved?W PRO:. James Smith South Is a marmnt n the EaOw, Qty Council and chair of Its Floanu Commolla. binds would be the city's direct oWi&aUM u bond m Urmlml yencns .ere ret maw. n ddlum W use dweb{KYsrlgWmd flsddtep .Cr= A development agreement will WeWde aatraaw that the project won't financially affect FApn Us. M eg rote ltiam am - 'I re • letter ot mreNl fa 15 e Wal dBW eerdm m Urs hind ad mno d"'o of ler WIe of ffaN e of ux detailets, tea Plnao['e Camnlum moM e¢om• mond W increment flaoming W the ton Qty Carvell The Clay Cauntll had May nataus IN Iles Ars• the full rernWtioa reports from pollee To Insma complete mjettMty. W city hated An Io- nmohdm W the local city-, enhanced community Idea, dependentbond m®el and financial coraWm W re- Illy and creation of 1,180 full. and Part-time )mN. view the proposed flu -Nal. The Flame Committee mmy Ideal la our yaws people W the summer faced that the Iedelatere, W pauteg�tem en, abling a racing facility, envUfmd a fformak+ 1 believe a flrsltlasa rnmeslul nm track of which put justifiablyicould not be bell[ and op- aSUWefinancing mla lartex lnc•emd (laeecias wdindmM- aact mLed withot the municipal nmmias asddrce al rencon bade (MB3) cos considered oncesary, forth by em Legislation. Testimony revab the tegtdauro label won W re - fan m much a needs W the belling pablk. The pate u winning, is 1.75 percent a thorhedfee debt reUrem®L The entire 4.75 parent. With a 90-dayrao R6 season. be � mi01a W IHB; aline W retire the dBW m the TV MWnaala Jockey Qa Inc.'s Wellaeumehad oro ctuwm am ) " I am be vee W ;Ugdlly ever.! Mlvmesoreties =the beeeflts W be derived from berth/ a ram track wllbm tbeir borders AIW* the mmpelby doe a0 elalm dmllar ad- ve'do of Nl spm sprue allA pun freeway ares and Darby 211 W plu4 sub Mebper is sti ft the local bet city fee a pablkwWdy. M= WIU'. yyonoa aSL be this archer me m m Wdamf W mac W South Dakota If wa Am asie WIT Obviously not U. no the �om� elalea a ram tnrk b a fare thing, tem It nil he Melt dew b Nhmesnla ' Why three the oee for a pAtie w5ddy? FAch of tis developers goes Mur maeil of the hod city alleging We fame tome; new mmtrualoa Jabs Increased W bm aayyl1ooddd l benefits for caner labmlotam — ad a plain W them Forger W be awarded thin bundle of goodies, each dty b nick W offer the W wNidy asked. Why, yen eek a W ewe alma of Isced redrainl an mWm W Wi W give cash W private developers? The answer is "Iwoy Amey." That Is W eay, W though the city "gives" the money. It does not bete W "Pay " How w, you asL Here came the With tty Wa closely ad we If Yen ycan ICU Wbkb face is ads. Then art at lead two MAIN fachs of pchlle tudd- dy a city can rake aeallahle in a dentoper. WmuNl revenue bonds ([Fill) And W Increment IWnclng. Vm've head at tax-free bowdsT That chosen a per, aon be Wvess in an H1H pays on, pate or idea[ W M the entered his Investment yields, Werehy creating a loci W Wee themes The 1 container, has made Milo available fa almmt any project mmodlng a race track. ppaaws� TELE. echnically,acity P +gotaB WtbedeveloFW Lrsm the IBNBHss with the er. Tes aetlon ®/en the W Kempr athero. Should the project go belly wap bowever. We city h payer,There tea Ill cof wabllpum m We city's tax ^' fail to y. The M rmllm W tax, imus dfWedng erir10kp horse redmp t0 hareleaom oneres no mrq bele In Ilntinchm the books. s%p CON: David D. Schaaf Schaaf, a moment of the Mmaesoe Senate frMm 1012-00 represewlfm the "I" area Of Z Anoka County. b new a rte eafate baker. In m way liable W the Wlaa veTher only,m rnoae Is the dereloper. Ars yen can see- an city money has been given W the developer for which • city commit mmI might have In srface W a voter. AW since an legislator or =bar of (kngrace W e hveto en oppaprlalloo, =bar on, vote; M weedy abocL Stich Isn't It? Makes yon noder why any sane M veloper would WN W private floaeeteg with this comm of low -Intact money available. The entad public wbddy ted available It arm mere Ingdacs To im emend financing arm; when a city actually borrows mousy by is mW a bond and mea the peoaed W any camber d way. W rep a developer finance a project Under era Weremml financing the =My tax dm• sea paid W We city. emel7 ars echml dWlm are frewo W We project am pyla W development W We os of • racetrack It would be the mWmdm taxes paid m a vacant parcel at rate• unfettered ted. . Once ISS pproolca Is romplacq We aWmnt A pap erty W dolW greenWd will I= mGrWuWUy slue the W rate on the project is ttw hones However. Instead of being distributed W the coffer, ' of the city, maty and school dlsulct this naemrcmsl ' difference Is captured by the city ate used W repay We Moray bmewwe by We city W provide We wlddy W the developer. When the Sunda an repaid (W 5 W 70 years) W the property W dollara are onre again dtshiheted W W bbnHaveagain the city has mod s®ewe able'; ¢Toney dote eboat 70 W w pereml of oor property t+a dm Wa go W fundlhe minty ad srhwl dstrkt The original purpose of the fell wet ova W g W Wnerhnl financing was W deer deeclopmenl Law blpied areae that would cost more W reenlop than bulldiri w nezal WW. Clearly. wed proposed site IN the new, ran track Is of, vacant lad• coat a wbli(blW aeaer - v A ager si ll r, to p�orrppoorose wall be Brod f arae{ V taxpayer down W athradlm comtramiw o • ran trek 14 he, sod orifi sorely n We ore community over f the ad look peat th We he campaign Gtara• . lone af We council members greeting fire wbdd/. Uules We Legislature acs. this Is a tempratlm few low polWciam could asbL So, U the new, ram bark s silt with public sniwhiy. It will be no gamble fee the blimeota taxpayer. D's a me hc. FEB 8 ?^^4 Inver Grove Heights Development Corp. 217 Livestock Exchange Building, So. St. Paul, MN. 55075 (812) 451.2266 February 7, 1984 Mayor Bea Blomquist City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Dear Mayor Blomquist: Our Development Corporation has followed the Horse Racing Facility issue with a great deal of interest. Recently, the Board endorsed the Eagan site. In addition, the Board requested that a notice of this action be sent to the Mayors of area communities, along with a request that similar action to considered by those communities. Copies of the letters to those Mayors are enclosed, along with a copy of the accompanying resolution. If you feel there is any additional work that we could do, please don't hesitate to let us know. Sincerely, �{,f fcdJ4� George K1s an President GK:cs Encl: • i44 • The Inver Grove Heights Development Corporation has evaluated the pro- posed sites for the Twin Cities Horse Racing facility, and supports the site proposed for the City of Eagan. The Development Corporation believes that with the completion of I-494 and the reconstruction of Minnesota 49, and with the transportation network formed by other highways in the vicinity, the Eagan site is the most access- ible one to the horse racing facility's primary and secondary markets. Furthermore, its accessibility to the Twin Cities Metropolitan Airport pro- vides an additional convenience for non -local owners, breeders, trainers, and fans. Additionally, the rural nature of Dakota County, the excellent local transportation network in the county, and the availability of land for small acreage farms, combine to offer facilities and amenities that will encourage and foster the horse -breeding industry. The Development Corporation further believes that the project propon- ents have prepared a development plan that addresses the health and safety concerns of the public, the comfort requirements of racing patrons and participants, and the financing requirements of the investment community. The inclusion in the development plan of sites that will adequately accom- modate the supporting commercial services needed by the public is an in- telligent land use decision that will be instrumental in preventing future congestion. • Finally, the Development Corporation views the Project Review Procedures conducted by the City of Eagan, and the city's subsequent approval of all aspects of the proposal, as evidence of both a thorough examination of the project's potential impacts, and of enthusiastic citizen support for the project. The citizens and officials of the City of Eagan are commended for their thorough and expeditious review of the proposal. 0 For those reasons, as well as because of the projected new employment and additional taxable valuation which the horse racing facility will gen- erate, the Inver Grove Heights Development Corporation supports the Eagan site, urges the Metropolitan Council and the Minnesota Racing Commission to designate it as the Twin Cities' Horse Racing Facility, and urges the City of Inver Grove Heights to consider action supporting the Eagan pro- posal. 1+5 SJ. P...c Af& 55113 P".. 612-636-4600 February 9, 1984 City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55121 Attn: Mr. Tom Colbert Re: Blue Gentian Road - Proj. No. 349 Our File No. 49242 Dear Tom: Ono G. 0o. P.E Robin W. Room. P.E. Jowph C. A�. P.E. RANO d A. L..b ,. P.E. RsftmF rb .P.E Jump C. OL0% RE Gtr R. C k. P.E RAM A. Gwdw P.E. TM E. H.Jv. P.E. RIMmd W. F".. P.E. Rab.n G. SMuniAu. P.E. Mame L. So &. P.E Dowd C. ftWMI. P.E. Jen A. ap dw P.E Mur! A. Hmm.n, P.E. TAR. FN . P.E Af M T. R.,.P.E. Ro R. PJ.JJ.Ae, P.E Da d Lox w.. P.E Cftd. A. EAr Lro M. P..eh y Hahn M. Glenn Enclosed herewith please find the cost participation associated with the above referenced project as it relates to State Project 1985-76 (T.M. 494-393). • The City cost participation based on the Schedule I'dated September.26, 1983 does not include increasing the GE for West Blue Gentian to 20. Recent phone conversations with Mn/DOT indicate the City share would increase by $19,000 while the actual construction cost would increase $64,000. Due to time con- straint associated with bidding S.P. 1985-76, the GE increase will be accomp- lished with a supplemental agreement after the bid date. A summary of the City cost participation for S.P. 1985-76 is summarized below: CITY PARTICIPATION Schedule I, 9-26-83 $25,105.21 GE 20 West Blue Gentian Road 19,000.00 Sub -Total $44,105.21 + 4.31% Mobilization, Field Office, Traffic Control, Etc. 1,901.50, Sub -Total $46,006.71 8% Construction Engineering 3,680.54 TOTAL CITY .................... $49,687.24 is Therefore it is assumed that Mn/DOT portion will be the project cost for street less the City participation ($429,390 - $49,687.24 = $379,700) as shown on the Summary for Revenue Sources. Page 1. 9240b 10 • City of Eagan February 9, 1984 Eagan, Mo. 55121 Attn: Mr. Tom Colbert Re: Blue Gentian Road - Proj. No. 349 Our File No. 49242 I have not assumed any assessment appeals which are anticipated with this pro- ject. If you have any .questions, please contact this office. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. —*C/ 44��[1 • Mark A. Ranson MAH:mb • Encl. Page 2. 9240b 141 0 u SUMMARY REVENUE SOURCES BLUE GENTIAN ROAD PROJECT NO. 349 INCLUDES MN/DOT PORTION PROJECT COST REVENUE BALANCE STORM SEWER Lateral $171,370 Trunk 20,720 Lateral Assessment $132,385 Mn/DOT 192,090 TOTAL $192,090 $324,475 +$132,385 4111*4r Lateral $429,390 Lateral Assessment $310,551 Mn/DOT 379,700 $429,390 $690,251 +$260,861 TOTAL +$393,246 The estimated project balance is +$393,246. It is assumed this balance will be distributed to the trunk storm sewer and major street fund. 9240b 141 SUMMARY • REVENUE SOURCES I -35E UTILITY CROSSINGS AND STREET IMPROVEMENTS PROJECT NO. 372 INCLUDES MN/DOT PORTION PROJECT COST REVENUE BALANCE I. WATERMAIN Lateral $14,630 Trunk 92,680 Lateral Assessment $3,380 $107,310 $3,380 -$103,930 II. SANITARY SEWER Lateral $21,020 Lateral Assessment $4,260 $21,020 $4,260 -$16,760 • III. STORM SEWER Lateral $113,900 Truck 305,920 Lateral Assessment $105,157 Trunk -Assessment 216,925 Mn/DOT, Dakota County 306,200 $419,820 $628,282 +$208,462 • IV. STREET (A) DEERWO.OD DRIVE 9332b Street, Sidewalk Trailway $525,400 Street Assessment $120,030 Sidewalk Assessment 27,804 Trailway Assessment 8,337 Mn/DOT 510,690 $525,400 $666,861 +$141,461 • PROJECT COST REVENUE BALANCE (B) FEDERAL DRIVE (WEST FRONTAGE ROAD) Street Sidewalk $409,390 Street Assessment $239,913 Sidewalk Assessment 13,590 Mn/DOT 299,600 Total $409,390 $553,103 +$143,713 (C) DIFFLEY ROAD (CO. RD. NO. 30) Street Sidewalk Trailway, $160,900 Street Assessment $51,117 Sidewalk Assessment 3,790 Trailway Assessment 2,770 Mn/DOT, Dakota County 101,880 $160,900 $159,557 —$1,343 TOTAL............ +$371,603 • estimated project balance is +$371,603. It is assumed this balance will -'istributed to their respective trunk funds. 9332b —2—. 150 CITY OF EAGAN BINGO AND/OR GAMBLING LICENSE APPLICATION Fee: iy Date Submitted: o2 -/c? -40y *Annual: APPLICATION SHALL BE SUBMITTED Event Only AT LEAST 30 DAYS PRIOR TO EVENT. Type of Lic—enFsee-(s) requested:Bingo Paddlewheel Tipboard Raffle Name of Organization:&IL-5 OF �o/uin/]ri.5 I, and I �T�ng/c� �L%lf/gp�l ��iQq(xp N e of Authorized Officer of Organization Name of Designated Bingo d/o. Gambling Manager, ' (first,middle,last) Manager -Date of Birth Hereby submit in duplicate this application for a license to conduct the game(s) indicated above in accordance with the provisions of the City of Eagan's Ordinance No. 70 and Minnesota Statutes Chapter 349. -Tae /' eldo LnLza/d j�a1. / Authorized Officer of Organization ..Designated Bingo and/or Gamblin Manager of Organiza A. The following is to be completed by the duly authorized officer of the organization: -t • 1. TRUE NAME: /b)erld JaseQ6 Last Fi st FullMiddle 2. RESIDENCE ADDRESS: Street City /State. zip 3. DATE OF BIRTH: 4. PLACE OF BIRTH: Month,Day,Year City,State 5. Have you ever been convicted of any crime other than a traffic offense? Yes No X If yes, explain B. The following is to be completed by the designated bingo and/or gambling manager of the organization: 1. TRUE NAME: (rj'(�;,Qgp�, .��na/( L�3i//,5nw/ Last CC /F/first Fu1lMiddle 2. RESIDENCE ADDRESS:3%%U cj,�, y�)/5 of �i�4/�w/ �l�' S5/c73 Street tv State Zip 3. DATE OF BIRTH: 9-,W -54 4. PLACE OF BIRTH:, -S/.&,.,/ In Month,Day,Year City,S ate — 5. Have you ever been convicted of any crime other than a traffic offense? Yes No If yes, explain ' 6. How long have you been a member of the organization?� • 7. Are you gambling manager for any other organization? A� V 8. Attach a copy of the official resolution or official action designating you bingo and/or gambling manager. GAME INFORMATION: 1. Place where games will be played\Sf- -MAAJ NC-dIncu)n 19arl h &e_ 03c] �ilut knob Rd /"A/- ORGANIZATION INFORMATION: 1. Address where regular meetings are held Ss Street City 2. Day and time of meetings Trs "fear/i mrirr - 73U�� 3. Is the applicant organiza ion organized under the laws of the State of Minnesota? Yes No 4. How long has the organization been in existence? /00 !,Le3 5. How many members in the organization? /j0 6. What is the purpose of the organization?EgTE,CNuI Gr lzGiho (-I • 7. Officers of the Organization: NAME ADDRESS (street,city,ziF) TITLE fir`/ A&nd; egk5 3 ay lay % •� 7casuier' 8. Give names of officers or any other persons paid for services to the organization: NAME ADDRESS btreet,city,ziFj TITLE A10, ee- 9. In whose custody will organization records be kept? NAMEArf ADDRESS -2-&J( L[adeS/ane. �f jAnl I%A% street,city,state, Business Telephone Number Home Telephone Number 4$,2 - G 7 7 y 0 'JLI GGL city - State zip 2. Are premises owned or leased by sponsoring organization? A/o 3. Date or dates games will be played ffpe,ri� Date and/or day(s) of week 4. Hours of the day games will be played:From 7;W, to /n P.M. n 5. Maximum number of players 15-n M to p p4. 6. Number and value of prizes to be awarded ORGANIZATION INFORMATION: 1. Address where regular meetings are held Ss Street City 2. Day and time of meetings Trs "fear/i mrirr - 73U�� 3. Is the applicant organiza ion organized under the laws of the State of Minnesota? Yes No 4. How long has the organization been in existence? /00 !,Le3 5. How many members in the organization? /j0 6. What is the purpose of the organization?EgTE,CNuI Gr lzGiho (-I • 7. Officers of the Organization: NAME ADDRESS (street,city,ziF) TITLE fir`/ A&nd; egk5 3 ay lay % •� 7casuier' 8. Give names of officers or any other persons paid for services to the organization: NAME ADDRESS btreet,city,ziFj TITLE A10, ee- 9. In whose custody will organization records be kept? NAMEArf ADDRESS -2-&J( L[adeS/ane. �f jAnl I%A% street,city,state, Business Telephone Number Home Telephone Number 4$,2 - G 7 7 y 0 AGENDA REGULAR MEETING EAGANCITY-COUNCIL EAGAN; MINNESOTA CITY HALL FEBRUARY 21, 1984 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE.OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS P` A. Fire Department �'1 C. Park & Recreation Department L B. Police Department Q D. Public Works Department f e' \ E. Protective Inspections Department IV.. 6:55 - CONSENT ITEMS (One Motion Approves All Items) b A. Personnel Items b B. MEED Agreement/Dakota County e 7 C. Contract 82-7, Change Order i%2, Cinnamon Ridge 3rd Addition Q' (Streets & Utilities) D. Project 394, Receive Feasibility Report/Order Plans & Specifications e (Yankee Doodle Reservoir - Repainting) �(O E. Knights of Columbus for Bingo License on 4-6-84 Q %1 F. Project //398, Receive Petition/Order Feasibility Report & Plans e (Suncliff 2nd Addition) V. 7:00 - PUBLIC HEARINGS (� A. Project 349, Blue Gentian Road (Streets) Q 3(o B. Project 372, 1-35E (Utility Crossings & Streets) VI. ` OLD BUSINESS T .3� A. City Code Update VII. NEW BUSINESS A. George L. & Miriam M. Nall for the Keeping of a Horse on a Q4.50 -acre Parcel Zoned R-1 (Residential Single District) Located in Part of the SWk of the NWk of Section 22, Parcel 10-02200-040-27, 3960 Pilot Knob Road 000 B. Perry Kieffer for a Conditional use Permit for Commercial Storage 1 Facilities in an Agricultural Zoning District in Part of the SA �1 of the NEk of Section 24, 3955 Dodd Road, Parcel 10-02400-010-05 I C. Tri -Land Co., Inc., Brad Swenson, for Preliminary Plat, Sunset 4th Addition, Containing 15.16 Acres with 32 Single Family Lots iri Part of the NWk of the NWk of Section 25, South of County Road 30 (Diffley Road), West of Saddlehorn Addition and North of Hackmore Drive Eagan City Council Agenda February 21, 1984 Page Two VIII. ADDITIONAL ITEMS IDSA. Burnsville/Eagan Cable Commission Update Q 10bB. Approve MnDOT Cost Participation Agreement #61824 (I-494) C10 -1c. Approve MnDOT Cost Participation Agreement #61932 (1-35E) f,l01D. Approve Dakota County Cost Participation Agreement (MnDOT Agree- ment #61933 - Diffley Road & Pilot Knob Road) 1O E. Contract 84-1, Receive Bids/Award Contract (Lone Oak Road/T.H. 55 Q - Watermain) 1}k F. Contract 84-3, Approve Plans/Authorize Advertisement for Bids e' (Almquist Lake Lift Station) C. Contract 82-7, Final Payment/Acceptance/Cinnamon Ridge 3rd Q' Addition (Streets & Utilities) 111H. Consideration of Sewer & Water Utility User Rates for 1984 e Q Ila I. Consideration of Trunk Related Assessment Rates for 1984 P IX. VISITORS TO BE HEARD (For those persons not on the agenda) X. ADJOURNMENT MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 17, 1984 SUBJECT: AGENDA INFORMATION MEMO/FEBRUARY 21, 1984 COUNCIL MEETING After approval of the February 7, 1984 regular City Council minutes and the agenda for the February 21, 1984 regular City Council meeting, the following items are in order for consideration: FIRE DEPARTMENT • A. Fire Department -- There are no items to be considered under Fire Department at this time. POLICE DEPARTMENT B. Police Department -- There are no items to be considered under Police Department at this time. PARK & RECREATION DEPARTMENT C. Park & Recreation Department -- There are no items to be con- sidered under Parks & Recreation Department at this time. PUBLIC WORKS DEPARTMENT D. Public Works Department -- There are no items to be considered • under Public Works Department at this time. PROTECTIVE INSPECTIONS DEPARTMENT E. Protective Inspections Department -- During 1983, the 1978 Nova (used police car) was approved for replacement in the Building In- spection Department. The City authorized the purchase of a 1984 one-half ton pickup (F100) in the amount of $8,916 from Southview Chevrolet. The department's budget for equipment certificates in 1983 has been considered at $10,500, and due to a price break, the equipment, according to specifications, was purchased at the $8,916 figure. This equipment has been delivered and is being used pri- marily by the Assistant Building Inspector/Fire Marshal. The Chief Building Inspector anticipated replacement for the 1975 Ford F100 pickup that has been used by the Fire Marshal. This unit is experi- encing a number of mechanical problems as well as body problems and should be considered for replacement. The Building Inspector had anticipated the replacement this year and requested $10,500 in the operating budget for 1984 which was omitted by the City Coun- cil with the understanding it would be later considered as a possi- Agenda Information Memo February 21, 1984 City Council Meeting Page Two ble equipment certificate. The City Administrator addressed the City Council at the January 18 City Council meeting and was advised to contact Peoples Natural Gas Company and any other users of the small compact pickups to determine whether these pickups are proving to be more efficient than the full size pickups for performance, longevity and resale. The Chief Building Inspector has made a com- parison of the compact pickups and standard pickups and a copy of his response is found on page -3.. The Chief Building Inspector has also had the 1975 For assessed by the maintenance garage and the repair work that is needed is estimated at approximately $1,000 with no consideration for labor. Currently, that pickup is not being used due to a break in transmission problem. Enclosed on pages through E_ is a copy of a memorandum from Chief Buil- ding Inspector Peterson to the City Administrator reviewing the • equipment problems. Because the Inspection Department is working primarily in new sub- divisions and often streets and driveways are in a rough preliminary grade status, the P100 has proven to be very efficient as a vehicle for those conditions. The analysis between a full size vehicle and compact is brief and a more comprehensive study can be made if the City Council so desires. If the City Council desires to purchase a second half -ton pickup, Southview Chevrolet will recog- nize the $8916 bid for a 1984 heavy duty half -ton pickup cr-pati:ole with the pickup purchased in December 1983. This equipment would be purchased from equipment. c:crtificates in 1984. For City Council reference, the other vehicle that is used in the Building Inspection Department is a used police Citation which the Chief Building Inspector uses for meetings, inspections and general • use within the department. The mechanical and electrical inspectors are paid as consultants and therefore use their own vehicles. The new plan check personnel to be hired by the City will perform most of his or her work in City Hall and would utilize, for the present, the Citation jointly with the Chief Building Inspector. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny authoriza- tion to purchase an F100 half -ton pickup in the amount of $8,916 from Southview Chevrolet as an authorized expenditure under 1984 equipment certificates. L January 18, 1984 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE PETERSON, CHIEF BUILDING OFFICIA RE: COMPARISON OF COMPACT PICKUPS AND STANDARD PICKUPS FOR DEPARTMENT USE I have discussed American made compact pickups with Peoples Natural Gas, Eagan Public Works and shop mechanics at two dealerships. I also have studied the U.S. Department of Energy's 1984 EPA fuel economy estimates. The Chevrolet GMC and Ford compacts with six cylinder engines and automatic transmission have provided their owners with a fuel consumption of 19 - 22 miles per gallon and maintenance costs were good and somewhat less than the standard pickup. • Standard pickups by the same manufacturers with the same equip- ment, bought with a 300 - 310 cubic inch V8 engine, averaged 13 - 17 miles per gallon and the base price was $300 to $500 more. Peoples Natural Gas reported that their experience with compact pickups manufactured outside the United States have proved unsatisfactory and American made are satisfactory for ordinary uses. All of the operators and mechanicss were doubt- ful though that the compacts would be feasible for the amount of off -,street use demanded by the department because of the lower ground clearances and the difference of the material strength used in the full-size pickups. It also is unknown whether or not the compact pickups will give the five-year service necessary for long term efficiency and economy. Most of the reports that I have been checking have been in generalities, but if you need specifics, I will attempt to get them for you. • I will request quotations immediately upon receipt of your answer on which type of unit the department should purchase. DP/js 2 February 2, 1984 MEMD TO: •' HEDGE. CITY AEMMISTRATOR • DAT PEURSM, OMEF BUnDINGOFFICI4 RE: UNIT #501, 1975 FORD The manual three -speed transmission of Unit 501 failed on or about January 18. This was in addition to the already dangerous brakes. We had hoped to keep it operating as it was the most feasible one • to use until the replacement for 502 was authorized. Bill Branch, Superintendent of Public Works, prepared a repair estimate on 501 for me in hopes it would be economically feasible to make it last for a few more miles. The resulting estimate using almost all in-house labor was $917. aryl that was to do the minim= repairs as required by law. I I have enclosed Bill's cost breakdown for your use. It would be unfair for the inspectors to use their own cars as the City's 200 per, mile car allowance is about one-half of the actual cost to operate their wm vehicle. Thank you for your consideration of this problem. DP/js Encl. 0 • MEMO TO: DALE PETERSON FROM: BILL BRANCH, SUPERINTENDENT PUBLIC WORKS DATE: FEBRUARY 2, 1984 SUBJECT: 1975 FORD F100; Engine 302; Unit #501 Master $S2.48 L.F. Caliper 41.78 R.F. Caliper 41.78 L.R. W/Cylinder 12.99 R.R. W/Cylinder 12.99 Rotors 134.28 Drums 120.22 . Differential Valve Starter 62.00 27.95 Pads 10.10 Shoes 9.55 Muffler 41.87 Transmission 350.00 • 917.90 1 week to 10 days for parts. Agenda Information Memo February 21, 1984 City Council Meeting Page Three There are six (6) items on the agenda referred to as the Consent Agenda requiring one (1) motion by the City Council. If the City Council desires to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. Personnel Items -- There are two (2) personnel items for consi- deration. • 1. The City has been able to obtain a level' one custodian through the Minnesota Emergency Employment Development Act (MEED) for six months at a rate of compensation of $4.00 per hour. There is no expense to the City of Eagan. The person is Jeff McGuffee. Mr. McGuffee is our park foreman's, Jim McGuffee, brother. Mr. McGuffee will not be working under any supervision or at any time with his brother. Since the position is not a full-time position with the City and is being sponsored through the MEED pro- gram, there is no conflict with our existing personnel policy. 2. The City has budgeted, in the Police Department budget, effective March 1, 1984, the hiring of a full-time police officer. Chief of Police Berthe is recommending that Steven Grimm, who is currently a cadet with the Eagan • Police Department, be appointed by the City Council as a full-time officer. Mr. Grimm has completed all of his schooling and P.O.S.T. requirements to become a licensed police officer in the State of Minnesota. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Mr. McGuffee under the MEED program and Mr. Grimm as a new patrol officer to be effective March 1, 1984. MEED AGREEMENT B. MEED Agreement -- Dakota County has forwarded to the City for execution the form MEED agreement covering the employment by the City of Eagan of persons under the MEED program. Presently, there are four such employees. These include Annette Kinstler in Adminis- tration, John Bergstrom in Protective Inspections, James Strum in Parks & Recreation and Jeff McGuffee in General Government Buil- dings. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the Mayor and City Clerk to execute the MEED agreement. u 6 Agenda Information Memo February 21, 1984 City Council Meeting Page Four CONTRACT 82-7/CHANGE ORDER #2 C. Contract 82-7, change Order #2, Cinnamon Ridge 3rd Addition (Streets s Utilities) -- Change Order #2 for this contract consists of three parts: A. Prior to the completion of the street surfacing in the third addition, the developer had not completed his overall site grading. Subsequently, in order to complete the grading on the north end of the project, it was necessary that the material be moved over the partially completed street construction. It was agreed that this development would be responsible for any subsequent damage to the road bed caused by this dirt moving operation. (Add $4,713.08.) • B. The contract proposal inadvertantly omitted a requested bid item to complete the storm sewer system as designed within the approved plans. Subsequently, this work was performed on a time and material basis. (Add $662.35.) C. During the site grading and excavation work by the develo- per, the developer buried his tree removal and miscellane- ous debris along the alignment of the proposed storm sewer which resulted in extra costs to correct the pipe bedding for the storm sewer. Due to the fact that this tree and debris burial was unauthorized within the City easement, the developer is responsible for the costs incurred by the City's contractor. (Add $1,561.54.) All costs associated with this change order will become the respon- sibility of the development and included in the final assessment • figures. The total increase for Change Order #2 to be added to Contract #82-7 is $6,936.97. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 82-7 and authorize the Mayor and City Clerk to execute all related documents. W Agenda Information Memo February 21, 1984 City Council Meeting Page Five FEASIBILITY REPORT/PROJECT 394 D. Project 394, Receive Feasibility Report/Order Plans & Specifi- cations (Yankee Doodle Reservoir - Repainting) -- The approved 1984 utility budget provided for the repainting of the Yankee Doodle Road 5.0 M.G. water reservoir. This reservoir has not been re- painted since its construction in 1971. Subsequently, the Public Works Director requested that a feasibility report be prepared and it is now being presented to the Council, a copy is enclosed on pages �_ through _�, for your review and approval. Due to the fact that there are no assessments associated with this project and that the funding has been provided for in the 1984 utility bud- get', no public hearing is necessary. Therefore, the Public Works • Director is requesting authorization from the City Council to pre- pare detailed plans and specifications which will be reviewed by the Council in further detail during March. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 394 (Yankee Doodle Reservoir Repainting) and approve the preparation of detailed plans and specifications for Contract 84-4. REPORT MV REPAINTING of 5.0 M.G. • YANKEE DOODLE .WATER RESERVOIR • PROJECT No. 394 Film EAGAN, MINNESOTA /� )) Comma 49295 Bamedfiw,o i(odeow, tl%" .9 Ad4C&d i, Yne. (?6nd"uwy c"94wou At P"4 .mkww"la 0 $J. P..R A("..." 55119 PA,. 612.636-4600 February 8, 1984 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55121 Re: Repainting of 5.0 M.G. Yankee Doodle Water Reservoir Improvement Project 394 Our File No. 49295 Dear Mayor and Council: Ono G. Bonnnoo. P.E. Rohm W. R. , P.E. Jonah C. Arrd.IJ. P.E RiodJwd A. Lvrv". P.E. Ri UM E. Tonne. P.E. A. C. O4 . P.E. Glenn R. Caoh. P.E. Kmrh A. Gwdon. P.E Thw E. A'a)n. P.E Rr W. Fw . P.& Rohm G. Schwricht. P.E. Mann L so . . P.E. Oona&C. Bpm,. P.E. Jmy A. 8W 0., P.E. Mw! A. Nar . P.E TN K. F6&. P.E. MehaN T. R.I... AL Rohn R. Pfd/". AF Vorof Lorhwa. P.E Ch A. Ertctton Ln M. ft. y Halon M. 06 Transmitted herewith is our report for the repainting of 5.0. M.G. Yankee Doodle Water Reservoir,' Project 394. This report studies the paint coatings of the above referenced reservoir and discusses the feasibility of replacing the exterior paint system. 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, BONESTROO, ROSENE, ANDERLIK b ASSOCIATES, INC. • Robert W. Rosen • RWR:mb 4%e4' Q • BIt4)twU4,t Keith A. Bachmann KAB:mb 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. L4.) • N` O-� Robert W. Rosene, P.E. Date: Feb. 8 1984 Reg. No. 3488 Approved bye homas A. Colbert, P.E. Director of Public Works Date: 2—/3-tfi` 9249b /D SCOPE: This project provides for the repainting of the exterior of the 5.0 million gallon water reservoir. This reservoir is located along Yankee Doodle Road, just west of State Highway 149. FEASIBILITY AND RECOMMENDATIONS: The subject project is feasible from an en— gineering standpoint. It is most effectively bid as a single project. DISCUSSION: The 5.0 M.G. Yankee Doodle Road water reservoir was constructed and originally painted in 1971. The reservoir has not yet been repainted. In 1980, this reservoir was completed drained and thoroughly inspected. • This inspection indicated deterioration of the exterior surface painting. The interior paint system, however, had not yet deteriorated to any significant degree. Tiny paint blisters were evident, but no peeling or flaking of the existing paint system had occurred. Our recent inspection of this reservoir site confirmed that the exterior paint coating has significantly deteriorated. Among the more noticeable signs of this situation is a large amount of rust formation on the relatively flat tank roof, and rock chips and carved graffiti on the sides. The coating on the tank interior as observed from the manhole in the top appears to still be • in quite good condition. It is recommended that only the exterior tank coating be replaced with this project. In light of the relatively good condition of the tank interior coating and the continued use of an effective cathodic protection system which minimizes corrosion, it is believed that significant additional life is attainable from the existing interior coating. Page 1. 9249b We do recommend, however, that the interior be inspected annually to de- termine when recoating will be required. Recoating will probably. be required in another 3 to 5 years. The original tank exterior coating system was a Tnemec No. 77 Chem -Prime metal primer followed by two coats of Tnemec Exterior Tnemec-Gloss Enamel. The total dry paint thickness was checked and found to range from 4 - 6 mils. The total thickness averaged just slightly over 4 mils. Due to the severly deteriorated condition of the existing coating, it is recommended that the entire exterior tank surface be given a commercial sand blast cleaning to remove the present coating system and prepare the surface • for proper paint application and adherance. It is further proposed that a new coating system consisting of two epoxy - polyimide prime coats followed by a finish coat of an aliphatic polyurethane enamel be applied to the tank exterior. This proposed paint system is superi- or to the existing paint system. It is designed to provide high resistance to abrasion and corrosion, to provide long-term retention of initial color and gloss, and, to provide easy removal of graffiti. This is the same exterior paint system as that used on both the 2.0 M.G. Cliff Road reservoir and tho 4.0. M.G. Safari Pass reservoir. Currently, the City name "Eagan" is not painted on this reservoir. Prior to development of the repainting project specifications, it is recommended that the Eagan City Council determine whether it wishes to have "Eagan' painted on the reservoir as part of this project. Relative to project scheduling, this reservoir repainting was originally planned for the 1983 construction season. It was moved back to the 1984 con- struction season to allow the new 4.0 M.G. Safari Pass reservoir to effective - Page 2. 9249b f2 ly increase Eagan's total water storage capacity and to minimize, as much as possible, the impact of taking the 5.0 M.G. reservoir out of service for the repainting period. The timing of this project within the construction season is very criti— cal. It is essential that this water reservoir be operational during the hot, dry months in which water usage is greatest. Therefore, it is recommended that the project commence as early in spring as weather permits, and that the project completion date be set at June 15, 1984. It is also recommended that • = substantial liquidated damages be specified to ensure chat this project is ex— pedited. COST ESTIMATE: The project costs are included below. It is anticipated that this project would be bid on a lump sum basis. Exterior Sand Blasting and Repainting $42,000 + 5% Contingency 2,100 $44,100 + 27% Legal, Engr., Admin. b Bond Interest 11.900 ESTIMATED PROJECT COST ................ $56,000 • - The estimated project cost includes 5% contingencies and 27% for legal, engineering, administration and bond interest. ASSESSMENTS: It is assumed that no assessments will be levied for this proj— ect as it is an expected periodic maintenance item of the water storage system. REVENUE: It is assumed that the entire cost of this project will be covered by the water system renewal and replacement fund. Page 3. 9249b 13 PROJECT SCHEDULE Present Feasibility Report Approve Plans b Specifications Open Bids Award Contract Construction Completion Page 4. 9249b 14- February 21, 1984 March 6, 1984 March 30, 1984 April 3, 1984 June 15, 1984 • • , 0 • International 0 Aviation Obatn....... o..o... ! "AAl J ELEVATION PROJECT No. 894 5.0 M.G. YANKEE DOODLE WATER RESERVOIR NO SCALE COMM. 49295 BONESTROO, ROSENE, ANDERLIK, & ASSOC., INC. 1984 AS Agenda Information Memo February 21, 1984 City Council Meeting Page Six KNIGHTS OF COLUMBUS BINGO LICENSE E. Knights of Columbus for Bingo License on 4-6-84 -- Mr. Joe Merlo and Mr. Don Wilson O'Grady (Bingo Manager) are requesting a bingo license on behalf of the Knights of Columbus for a special event on April 6, 1984, from 7:00 to 10:00 p.m. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a bingo license for the Knights of Columbus. Special Note: The City Council has asked in the past that all gam- bling license applications be made available for their inspection. Therefore, a copy is included without page number for their review • and is available to the public upon request. • /6 Agenda Information Memo February 21, 1984 City Council Meeting Page Seven PROJECT 398/ORDER FEASIBILITY REPORT 8 PLANS F. Project 398, Receive Petition/Order Feasibility Report & Plans (Suncliff 2nd Addition - Streets & Utilities) -- The City has re- ceived a peititon from the developer of the Suncliff Addition (Ad- vance Developers, Inc.) requesting the City to proceed with a public contract for the installation of streets and utilities to service the remainder of their Suncliff Development (2nd Addition). In addition to requesting the feasibility report and public hearing, they have waived their rights to a public hearing, guaranteed all costs associated with the preparation of the feasibility report and plans and request that the Council authorize a simultaneous preparation of detailed plans and specifications with the feasi- bility report to expedite the public improvement contract process. • ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition from Advance Developers, Inc., and authorize the preparation of a feasi- bility report for Project 398 and the preparation of detailed plans and specifications. • 17 Agenda Information Memo February 21, 1984 City Council Meeting Page Eight PROJECT 349/BLUE GENTIAN ROAD A. Project 349, Blue Gentian Road (Streets -Storm Sewer) -- During 1983, MnDOT started finalizing the construction plans for the easterly extension of I-494 and its interchange with T.H. 149 (Old Dodd Road). Due to the configuration of this interchange, it was necessary to relocate Blue Gentian Road further to the south. Sub- sequently, segments of West Blue Gentian Road and East Blue Gentian Road will be upgraded to City standards. Subsequently, the City Council authorized the preparation of a feasibility report to dis- cuss the benefits associated with the relocation and upgrading of • East and West Blue Gentian Roads. On January 17, the City Council formally received the feasibility report for Project 349 and scheduled the public hearing to be held on February 21. Enclosed on pages j9 -3S is a copy of the feasi- bility report for your reference during the public hearing. All notices have been published in the legal newspaper and sent to all property owners who would be affected by this proposed im- provement. With the tight time frame associated with the progression of I-494, It is important that this project be approved or denied on February 21 so that MnDOT can proceed with the advertisement for bids and subsequent contract award during March. • The Director of Public Works and Consulting Engineer will be availa- ble to discuss the details associated with this project at the pub- lic hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve or deny Project 349 (Blue Gentian Road - Streets & Storm Sewer). Vol REPORT ON BLUE GENTIAN ROAD 0 STORM SEWER & STREET IMPROVEMENTS PROJECT NO.349 M EAGAN, MINNESOTA 9 1983 FILE N0.49242 Bared&=, %`odewe, 4mds4 !!a a 4d4w ated, Am exp a & P". M&mf"* o NJ 0q 1833 *// i...d ilJpL.y &. P..< A" -d- 33113 P".. 6f2.636-4600 January 31, 1984 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55121 Re: Blue Gentian Road Street 6 Storm Sewer Improvements Project 349 Our File No. 49242 Dear Mayor and Council: Gk R. Cook. P.E K61h A. Gwdm P.E. Th. E. N.M P.£. Rkhwd W. Fwm P.E. Ra G. Schn hl. P.E. Mw L Swmk. P.E. Do..M C. "W ,. P.E. Jn A. Rou m P.E. Mm! A. H� P.E. Ted K. FkM. P.E MkAM T. R --m P.E. Rohm R. P1Hprk. P.E Dnid Ja+ =. P.E. Chute A. E km. /AO M. Pd. *, Hw M. Ok.n Transmitted herewith is our report for Blue Gentian Road Street and Storm Sewer Improvements, Project No. 349. We will be. pleased to meet with the Council and other interested parties at a mutually convenient time to discuss this report. Yours very truly, BONESTR00, ROSENE, ANDERLIK b ASSOCIATES, INC. Mar A. Hanson, P.E. 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 Engineer under the laws of the St to offMMiinnesot . Mak A. Hanson, P.E. Date: LJanuary 31, 1984 Reg. No. 14260 Approved by:. t-c•�en; �q omas A. Colbert, P.E. Director of Public Works Date: E -9106b Z 0 r 1 U • O'm G. Raeako.. P.E ft E W. Roue. P.E J.Wh C. AMM . P.0 R dfaN A. L m". P.E. Ri ft,d E. Tums. P.E. Jamas C. Ohm P.E. Gk R. Cook. P.E K61h A. Gwdm P.E. Th. E. N.M P.£. Rkhwd W. Fwm P.E. Ra G. Schn hl. P.E. Mw L Swmk. P.E. Do..M C. "W ,. P.E. Jn A. Rou m P.E. Mm! A. H� P.E. Ted K. FkM. P.E MkAM T. R --m P.E. Rohm R. P1Hprk. P.E Dnid Ja+ =. P.E. Chute A. E km. /AO M. Pd. *, Hw M. Ok.n Transmitted herewith is our report for Blue Gentian Road Street and Storm Sewer Improvements, Project No. 349. We will be. pleased to meet with the Council and other interested parties at a mutually convenient time to discuss this report. Yours very truly, BONESTR00, ROSENE, ANDERLIK b ASSOCIATES, INC. Mar A. Hanson, P.E. 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 Engineer under the laws of the St to offMMiinnesot . Mak A. Hanson, P.E. Date: LJanuary 31, 1984 Reg. No. 14260 Approved by:. t-c•�en; �q omas A. Colbert, P.E. Director of Public Works Date: E -9106b Z 0 r 1 U • SCOPE: This project provides for the construction of storm sewer and street for Blue Gentian Road at T.H. No. 149. Improvements associated with Blue Gentian Road are separated into that portion west and east of T.N. No. 149. Improvements presented herein will be constructed by Mn/DOT as part of I-494 at T.H. No. 149 State Project No. 1985-76 (T.H. 494 = 393). FEASIBILITY AND RECOMMENDATIONS: The project described in this report is feasible as it relates to engineering matters and is in accordance with the • Master Utility and Streets Plans for the City of Eagan. The project as out- lined herein will be constructed by Mn/DOT as part of State Project No. 1985-76 (T.H. 499 = 393). DISCUSSION: STORM SEWER: Storm sewer improvements presented herein are separated into storm sewer constructed as part of West Blue Gentian Road and East Blue Gentian Road. Storm sewer included in East Blue Gentian Road consists of two separate lateral systems as shown on the drawing located at the back of this • report. Both storm sewer systems ultimately discharge into storm sewer pipe included in I-494. ,Storm sewer pipe for this portion range in size from 12" to 24" in diameter. Storm sewer included within West Blue Gentian Road consists of two sep- arate lateral storm sewer systems as shown on the attached drawing located at the back of this report. The easterly storm sewer segment discharges to Pond FP -1. The westerly storm sewer segment discharges directly into a Mn/DOT pond located adjacent to I-494. Storm sewer pipe for this portion range in size from 12 inch to 36 inch in diameter. Page 1. E -9106b 21 STREET: Street improvements presented herein are also separated into that portion of Blue -Gentian Road constructed west and east of T.H. No. 149. East Blue Gentian Road includes 2,187 feet of street constructed east of T.H. No. 149 as shown on the attached drawing. East Blue Gentian Road is a 32 feet wide street constructed to a residential design thickness with bituminous sur- facing and concrete curb and gutter. Due to the alignment of East Blue Gentian Road being shifted southerly from the present alignment due to I-494, a significant amount of tree removal and grading is required. West Blue Gentian Road includes 3,241 feet of street constructed west of T.H. No. 149 as shown on the attached drawing. West Blue Gentian Road is a 44 • feet wide street constructed to a commercial design thickness with bituminous surfacing and concrete curb and gutter. West Blue Gentian Road is being rough graded as part of the RES Grading Permit 4ER02-082. Therefore, no construc- tion is included for grading or subgrade correction as part of this project: AREA TO BE INCLUDED: ASSESSMENT AREA NVh - Section 1 Auditor's Subdivision No. 31 030-01 010-02 010-03 020-04 030-04 Page 2. E -9106b Z Z ASSESSMENT AREA (CONT'D) t$g - Section 2 010-01 010-27 O'Neill's First Addition Lot 1, Block 1 Lot 2, Block 1 • Lot 3, Block 1 The Robert O'Neill Homestead 022-00 085-00 087-00 088-00 • COST ESTIMATES: Detailed cost estimates are presented in Appendix B located at the back of this report. These coat estimates were obtained from Mn/DOT. ,A summary of these costs are presented below: Storm Sewer - East Blue Gentian Road $ 77,970 West Blue Gentian Road 114,120 Street - East Blue Gentian Road 176,020 West Blue Gentian Road 253,370 TOTAL $621,480 Page 3. E -9106b 2.1 The total estimated coat for this project is $621,480 which includes con- tingencies and all related overhead. Overhead costs are estimated at 27% and include legal, engineering, administration, and bond interest. ASSESSMENTS: Assessments are proposed to be assessed against the benefited property along Blue Gentian Road. A preliminary assessment roll is included in Appendix A located at the back of this report. STORM SEWER: One half the cost of the lateral storm sewer included in East Blue Gentian Road will be assessed on a front foot basis to the benefited • property located on the south side. The rate per front foot is determined by dividing the total storm sewer amount in half and dividing that amount by the assessable footage. The remaining cost (one-half) of the lateral storm sewer will be the responsibility of Mn/DOT which has all of the abutting frontage on the north side. It is proposed the lateral storm sewer cost for West Blue Gentian Road will be assessed on a front foot basis to the benefiting property on both sides. Trunk storm sewer costs which includes storm sewer larger than 24 inch in diameter will not be assessed, but will be the responsibility of the City • trunk fund. STREET: For East Blue Gentian Road, it is proposed to assess the benefit from these street improvements to the adjacent property on the south side at a residential equivalent rate. The residential equivalent rate assumes only that amount of grading necessary to construct the street to the residential design thickness. It is assumed the remaining amount required for grading will be the responsibility of City and State funds. Calculations relating to the residential equivalent rate are presented in Appendix A. Page 4. E -9106b 2 4 n LJ In accordance with. Special Assessment Policy #82-5, it is proposed to assess the benefiting property for street improvements for West Blue Gentian Road at the commercial/ industrial equivalent rate. This commercial/industrial assessment rate per front foot is determined by dividing the total project cost by the assessable footage. Assessment rates presented herein will be revised based on final project costs for the commercial/industrial rate for West Blue Gentian Road and bid unit prices as they relate to the residential equivalent rate for East Blue Gentian Road. REVENUE SOURCES: Revenue sources required to construct this project are listed below: STORM SEWER PROJECT COST REVENUE BALANCE Lateral $171,370 Trunk $ 20,720 Lateral Assessments $132,385 • $192,090 $132,385 $ -59,705 STREET Lateral $429,390 Lateral Assessment $310,551 $429,390 $310,551 $ -118,839 $ -178,544 The estimated project balance after assessment is $ -178,544, which is assumed to be the responsibility of City and State funds. Page 5. E -9106b 02,5 5 PROJECT SCHEDULE Present Feasibility Report Jan. 17, 1984 Public Hearing Feb. 21, 1984 Approve Plans S Specifications Feb., 1984 Open Bids March, 1984 . Award Contract April, 1984 Construction Completion Nov., 1985 Assessment Hearing Spring, 19864 First Payment Due with Real Estate Taxes May, 1987 Page 6. E -9106b Z6 • APPENDIX A PRELIMINARY ASSESSMENT ROLL BLUE GENTIAN ROAD STORM SEWER AND STREET IMPROVEMENTS PROJECT NO. 349 (1) Represents one-half storm sewer amount for East Blue Gentian Road per Appendix B. Page 7. E -9106b 27 I) LATERAL STORM SEWER Assessable Total Parcel Footage Rate/F.F. Assessment A) East Blue Gentian Road M Section 1 Auditors Subdivision No. 31 030-01 26 $20.11 523 010=02 1006 20.11 20,226 • 010-03 95 20.11 1,910 020-04 260 20.11 5,227 030-04 50 20.11 1,005 NE4 Section 2 O'Neill's First Addition Lot 1, Block 1 130 $20.11 2,613 Lot 2, Block 1 125 20.11 2,513 Lot 3, Block 1 120 20.11 2,414 The Robert O'Neill Homestead 088-00 127 $20.11 2,554 TOTAL 1939 $38,985 (1) • B) West Blue Gentian Road NETS Section 2 010-01 450 $15.70 7,065 010-27 1930 15.70 30,302 The Robert O'Neill Homestead 022-00 1009 $15.70 15,841 085-00 1010 15.70 15,857 087-00 1550 15.70 24,335 TOTAL 5949 $93,400 (1) Represents one-half storm sewer amount for East Blue Gentian Road per Appendix B. Page 7. E -9106b 27 II. STREET Parcel A) East Blue Gentian Road NA Section 1 Auditors Subdivision No. 31 030-01 010-02 010-03 020-04 030-04 NESE Section 2 O'Neill's First Addition Lot 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 The Robert O'Neill Homestead 088-00 TOTAL B) West Blue Gentian Road N)i Section 2 010-01 010-27 The Robert O'Neill Homestead 022-00 085-00 087-00 TOTAL E -9106b APPENDIX A (CONT'D) Assessable Footage Rate/F.F. Total Assessment 26 $29.49 $ 767 1006 $29.49 29,667 95 $29.49 2,802 260 $29.49 7,667 50 $29.49 1,475 130 $29.49 $ 3,834 125 $29.49 3,686 120 $29.49 3,538 127 $29.49 3,745 1939 $57,181 450 $42.59 $19,166 1930 $42.59 82,199 1009 $42.59 $42,973 1010 $42.59 43,016 1550 $42.59 66,015 5949 $253,370 Page 8. 29 • • CALCULATION FOR RESIDENTIAL EQUIVALENT RATE 1.1 Cu.yds. Common excavation @ $1.05/cu.yd. $ 1.16 2.5 Cu.yds. Subgrade excavation @ $1.25/cu.yd. 3.13 0.73 Ton Aggregate base Class 5 @ $7.50/ton 5.48 0.16 Ton Base course mixture, 2331 @ $8.00/ton 1.28 0.16 Ton Near course mixture, 2341 @ $9.00/ton 1.44 0.0176 Ton Bituminous material for mixture @ $180.00/tan 3.17 0.086 Gals. Bituminous material for tack coat @ $0.90/gal. 0.08 1 Lin.ft. B618 concrete curb 6 gutter @ $6.00/lin.ft. 6.00 0.00068 Acre Restoration @ $540.50/acre 0.37 • $22.11 +5% Contingencies 1.11 $23.22 +27% Legal, Engrng., Admin. b Bond Interest 6.27 TOTAL $29.49 • Page 9. E -9106b .21 SUMMARY PRELIMINARY ASSESSMENT ROLL PROJECT NO. 349 The Robert O'Neill Homestead 022-00 15,841 Lateral 58,814 Total 15,857 Parcel Storm Sever Street Assessment NW% Section 1 088-00 2,554 3,745 Auditors Subdivision No. 31 TOTAL $132,385 $310,550 $442,935 030-01 523 767 $ 1,290 010-02 20,226 29,667 49,893 010-03 1,910 2,802 4,712 020-04 5,227 7,667 12,894 030-04 1,005 1,475 2,480 Nst - Section 2 010-01 7,065 19,166 26,231 010-27 30,302 82,199 112,501 O'Neill's First Addition Lot 1, Block 1 2,613 3,834 6,447 Lot 2, Block 1 2,513 3,686 6,199 Lot 3, Block 1 2,414 3,538 5,952 The Robert O'Neill Homestead 022-00 15,841 42,973 58,814 085-00 15,857 43,016 58,873 087-00 24,335 66,015 90,350 088-00 2,554 3,745 6,299 TOTAL $132,385 $310,550 $442,935 Page 10. E -9106b .36 6 • • APPENDIX B COST ESTIMATE BLUE GENTIAN ROAD STREET IMPROVEMENTS PROJECT NO. 349 I. Lateral Storm Sever A) East Blue Gentian Road $77,970.00 Page 11. E -9106b 111 138 Lin.ft. 24" RCP storm sewer @ $38.93/l.f. $ 5,372.00 230 Lin.ft. 21" RCP storm sewer @ $34.75/l.f. 7,993.00 • 212 Lin.ft. 18" RCP storm sewer @ $32.60/l.f. 6,911.00 728 Lin.ft. 15" RCP storm sewer @ $30.77/l.f. 22,400.00 304 Lin.ft. 12" RCP storm sewer @ $26.41/1.f. 8,029.00 44.37 Lin.ft. Construct MN or CB @ $118.00/l.f. 5,236.00 9 Each F 6 I casting assemblies @ $232.00/ea. 2,088.00 1 Each 18" RCP apron @ $228.00/ea. 228.00 ;1 Each 15" RCP apron @ $212.00/ea. 212.00 Total $ 58,469.00 +5Z Contingencies 2,921.00 $61,390.00 +27Z Legal, Engrng., Admin. • 6 Bond Interest 16,580.00 $77,970.00 Page 11. E -9106b 111 APPENDIX B (CONT'D) B) West Blue Gentian Road 404 Lin.ft. 36" RCP storm sewer @ $75.49/l.f. $ 30,498.00 42 Lin.ft. 30" RCP storm sewer @ $57.21/l.f. 2,403.00 390 Lin.ft. 24" RCP storm sewer @ $38.93/l.f. 15,183.00 240 Lin.ft. 24" CSP storm sewer @ $28.00/l.f. 6,720.00 186 Lin.ft. 15" RCP storm sewer @ $30.77/l.f. 5,723.00 268 Lin.ft. 12" RCP storm sewer @ $26.41/l.f. 7,078.00 158 Lin.ft. 12" CMP @ $20.00/l.f. 3,160.00 92.79 Lin.ft. Construct MH or CB @ $118.00/l.f. 10,949.00 13 Each F b I casting assemblies @ $232.00/l.f. 3,016.00 1 Each 36" RCP apron @ $603.00/ea. 603.00 1 Each 24" CMP apron @ $150.00/ea. 150.00 1 Each 12" CMP apron @ $100.00/ea. 100.00 Total $85,583.00 +5x Contingencies 4,277.00 $89,860.00 +27% Legal, Engrng., Admin. 6 Bond Interest 24,260.00 $114,120.00 Page 12. E -9106b 321 • APPENDIX B (CONT'D) II. STREETS A. .East Blue Gentian Road Per Mn/DOT, Grading and Surfacing $132,000.00 Total $132,000.00 +5% Contingencies 6,600.00 $138,600.00 +27% Legal, Engrng., Admin. & Bond Interest 37,420.00 • $176,020.00 • B. West Blue Gentian Road E -9106b Per Mn/DOT, Surfacing $190,000.00 Total $190,000.00 +5% Contingencies 9,500.00 $199,500.00 +27% Legal, Engrng., Admin. b Bond Interest 53,870.00 $253,370.00 SUMMARY Storm Sewer - East -Blue Gentian Road $ 77,970.00 West Blue Gentian Road 114,120.00 Street - East Blue Gentian Road 176,020.00 West Blue Gentian Road 253,370.00 Page 13. 13 $621,480.00 0 .1 1; 1; •He � IIR$T . ITION ROBERT 0 NULL HOMESTEAD LEGEND STORM. SEWER ASSESSMENT (RATE /F. F. ) S7 REST ASSESSMENT (RATE IF.F.) 020.0. 050.0. "00.5 Sao NO SI EAST BLUE GENTIAN ROAD STORM SEWER AND STREET IMPROVEMENTS PROJECT NO.349 EAGAN, MINNESOTA • C I 010-02 I'q 9q 050-01 smaF m aws, SLI & ALM = T NORTH o roo 200 SCA,E 1. FEET smaF m aws, SLI & ALM = 4 POPtn 0 100 200 SCALE � LEGEND A b STORM SEWER ASSESSMENT (RATE / F F 1 i , STREET ASSESSMENT (RATE /FF) EAGAN. MINNESOTA mms=06 "sm mpmx a "30r, w— Agenda Information Memo February 21, 1984 City Council Meeting Page Nine PROJECT 372/I -35E STREETS & UTILITIES B. Project 372, I -35E (Streets 8 Utilities) -- During the past several years, as the progression of I -35E through the City of Eagan became more of a reality, the Public Works Director and Consulting Engineer worked very closely with MnDOT to evaluate the impact of this interstate through our community in relationship to relocation of existing and construction of future streets and utilities. As MnDOT's plans became more finalized, the City and the Consulting Engineering firm were able to evaluate the needs for streets and utility installation and subsequent benefit derived from adjacent properties. • Subsequently, a detailed feasibility report was prepared incorpora- ting all proposed improvements associated with I -35E from Diffley Road to just south of the Lone Oak Road interchange. Due to the length of this 75 -page report, it is enclosed in your packets as a separate document without page numbers for use during the public hearing. All notices have been published in the legal newspaper and sent to property owners who would be assessed for the benefits received from the improvements associated with this project. It is proposed that all construction associated with this project would be per- formed by MnDOT under a cost participation agreement. Due to the tight time schedules associated with the construction of this sec- tion of I -35E, it becomes important for the Council to take action on this project at the public hearing on February 21 so that MnDOT can proceed with the advertisement for bids for a contract award in March of 1984. • Enclosed on pages 3 % through 3 is a letter received from Leo Murphy concerning this agenda item. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve, deny or modify Project 372 for the installation of streets and utilities associated with I -35E. 3C 1a "lye a -Nd Ea�a1 c rj Cc, W<<'/ mC.'<bEr; Fes• !„ . � � �. rc «ry � y r � - /� - �y �E rMF •L'� h�E.T Pf,�c<r fie. 37Z - r3aE, DcrF wocd D1 r12, / e a;t- . tt.e la. b /.0 /iFah— Val, i„ S u 6 1-a, . Tr: i.q i/i C �o /A J V /nEhE E. $oL+'. E. I.t'rr//E 14 -Akd OH2/ aq%EE I+•Fsr'/'S of �dt•h uk– uh 'Td -,d b•t✓e1c/try d'la / adlise,.e. i. of Ra btrt /t'�3e.eE Lcr. ti' e- rl.�. t.� v� Ea ak/ • f-O`e r fer f• .9 t {�e.0 Gc-�o+ �, � s s +c r, o f ,., k i c ►� t w a> a >» , ✓elop zr5 SH6mi7 -d eJar6>-F�ve JO.kj Yr. /O ~U�eI-TSS/OH f'i7 e. i.�/G>i S.�CiJ !n T�`2 C1, / 70 % / le veli: ►y {�,l/s a. wrife� 7yrce i-ewTy .✓�r�e dFawk orr a, d i�/�`ky do les C<.,,,�. ak To bats. p k.,,�Te� a„d T4e a .re <..r e} 6(acrr d��r re �i//. A, �/eewG,.r was hea�Ned o++ �oc=t/a-)* of + srLe L sTreaT T'e 'rny h�P¢rTy a.tid R.vef%ti Ate./ecaTed half war • �°, T'�,e_ IdhM��ty CO H9 r.+/SaSKe� fAaT y d4 -a <'17arr Jp�1� 4Qs<�>t $�.+u rkq cuui;'k iL bE.'r..� e8 n ,i�r 1 Hr c 6 S r•'+,P /er fa,„. /yJ Byrd D..��.� //e- �• e d c r: Tb•'s r d,d s T a r., � 1 y A t -s r h e 5 a `., e S .` z e_ e >+ )-n7 IP e �G.Ja 1-4 e- r �awve 8 /erS 1/a+.J< 1.ay �k�er7y /� he. weir /� /b ho Ql'e S/Sea *` fD Vr/, /ex ! h' apart •.. f-J7 to ti, •riz, o` o C J +, r '., rb f Oc<M, /��sE d7 7 p/ar a /se Showe pd aaftti.r e1<ts / 6Ey r tkQ Sa-, e r woo r/ �f. 3 5 e`da} ('jrc vG � ! S ��&0 t k5 The Sa 1r+e Ar1- 2 c� mss o Wro Vecr,v oCe 1�t �. roves ci ta66fk d. 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F t d \ f�r be /• a P� (%) j -/re pF-rer7y e� 77�� �asT �` ��r✓e/ ,s 2ahe.l Thar %h,s S rrrer s c��, srr-rT ed 7z f-ar k•9(, de+rs�rf, deoe%6e "e --r (2) Tti s wr// CHeta7e/a 1r,91r c>e /K ,... of tr�ti,� dchcss iyY��i�errYy7�+,6 wok/,: Fed o"r e+, tl+e'lke5a-�,T0 /o cat,o�4 ors Oc �rr'tiao,: dr. (3) Y6%g k%�!, Uo �rc zu•,.• 01 fF? fS%... w•%l re s'�/t i 1• co �rsrlef-- ai/e :k ci e�sc ; �t �eioe est dr'r / co *Y es Y•oa o�, Mr / o�ei tr 1`�%s ! k ! 4F4 !✓ (/ �fas/1.c S//y 1-edkce- �6c vd/.ra of m� /of5 a/cN� A-7 5r; / R) /Ae kJ way nepj. /vlz„.3 ,-per s— a ba k- T A,'// ri a So ttk tFa// �s r7 a4 /.. .' . CuA S,f 6hiy /2. ,$%o6 e- F'F/re. T4i5 iir 7.+ Toe f /��eL Yc -1A iuesf f1�d �' eNorA d ff• e ✓e- lhJk` a.7 �' over 9A e. 0 so�fh ,vest- parr of >nr p��eFry/TLziss yr c,7`/� fe3'{ FrcT 7NA ace ess t , 7 er 5e 4-4 of Peet - .. t�hl AiK/`:ry u.il/ a(!e F-eJfcce 19 (LJ (ogF1s Aare /Fa/eJ tp-1.T- 7-/,afe Chale >, r be ssassT-e.,t- C Agenda Information Memo February 21, 1984 City Council Meeting Page Ten CITY CODE UPDATE A. City Code Update -- The original ordinance codification was adopted effective January 1, 1983, when the first City Code was formally implemented for the City of Eagan. Because of legislative changes that occurred in 1983, the adoption of new City legislation (ordinances) and a proposal to amend or adopt new legislative ordinances,the City Administrator proposed an update of the City Code. Upon City Council authorization the City staff, specifically the City Administrator, Director of Finance, and Admin- istrative Assistant in charge of the City Clerk Division of Finance, have met with the City Attorney's office and Mr. Roger Jensen to review all chapters of the City Code and discuss Minnesota legisla- tive changes, City ordinance changes, and proposed City legislation. • Mr. Jensen has codified all the revisions for the City Code which includes all the changes that would occur for a reason referenced above. The City Administrator has attempted to recognize the intent of the City Council by keeping any and all ordinance amendments that may attract a significant change in public policy out of the ordinance codification. Those ordinances must be reviewed and adopted as a separate agenda item and if approved, would be incor- porated in a future City Code revision. Enclosed is a copy of a memorandum from Roger Jensen'soffice to the City that incorporates all the changes as previously discussed. The City staff will have a final meeting to review all the City Code revisions as proposed and any final changes will be shared with the City Council before any action on Tuesday. If there are any sections of the City Code revisions that the City Council would like additional information or discussion on, they could be further evaluated at a future workshop or City Council • meeting. However, generally speaking, most of these changes either incorporate previous City Council action, action by the Minnesota Legislature or an intent by the City Council to incorporate some changes to the City Code. A copy of those City Code revisions are enclosed on pages A0 through_ for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the City Code revisions as presented by the City's codifier, Mr. Roger Jensen of Municipal Codifiers Inc. 31 REVISION MEMO - EAGAN February 13, 1984 TO: Liz Witt, Administrative Staff FROM: Lorraine E. O'Reilly, Codifier RE: 1984 City Code Revisions We herewith hand you ordinances amending Chapters 1, 3, 4, 5, 6, 8, 9, 10, 11 and 13 of the City Code. You will note that we have assigned numbers to these ordinances beginning with Ordinance No. 6 (which number had been assigned to a proposed ordinance but never adopted). Since Ordinance No. 10, 2nd Series was adopted and published, we have skipped that number and picked up with No. 11. • The enclosed ordinances, together with the covering memo, should be reviewed by the City Administrator, the City Attorney, and other City staff as to their specific areas. If approved as drafted, the ordinances should then be submitted to the Council. After the ordinances have been adopted and published, please forward published copies to our office so that we are aware of any changes which have been made in the City's review. The revision pages will then' be prepared by our office for insertion in the Code. CHAPTER 1 Section 1.02, Subd. 13, has been amended to increase the penalty for a misdemeanor from $500.00 to $700.00 in accordance with the statute. CHAPTER 7 •Ordinance No. 10, 2nd Series, will be incorporated into the Code in preparing the revision pages. CHAPTER 3 Subdivision 1 of Sec. 3.05 has been amended as requested, but the requirement for "written" permission has been retained in Subd. 7, Subparagrah B, as requested. No change has been made in Sec. 3.20, Subd. 1, as to shutting off water service due to delinquency since this is covered in the general provisions of Sec. 3.05, but Subdivi- sions 4, 9 and 10 are amended to reflect requested changes by the City as to additional water valve requirements, providing for a City policy as to unmetered service, and that all water meters shall be purchased from'the City. CHAPTER 4 Section 4.01 has been amended to adopt the latest edition of the Uniform Building Code and optional appendices. Section 4.10 has been revised in its entirety to comply with the 1983 statute and also to provide for a hearing and an owner's permit, as well as the permit to use the streets, as requested. This amendment should be specifically reviewed by the Building Inspector for any comments he may have. Subdivision 3, Subparagraph C of Sec. 4.20 has been amended to also restrict signs within specified distances from railroad rights-of-way. Ordinance No. 3, 2nd Series, which also amends Sec. 4.20, will be incorporated in preparing the revision pages. A new Sec. 4.60 is provided for which allows construction headquarters, temporary structures and storage areas until 858 of the units in the plat have been developed. CHAPTER 5 Definition of club and fraternal club have been amended in accordance with the 1983 statute which changed the required term of existence from ten years to three. While Ordinance No. 5 amended Sec. 5.13 to change the effective date, this Section was further reviewed at the conference. Subdivision 2 presently exempts only temporary beer licensees from the requirements of this Section. Due to legislative amendments to this statute in 1983, the establishment of exemptions by other beer as well as on -sale wine licensees can be proven by affidavit, and therefore ease the burden of the City to require proof • of eligibility for such exemption. We are therefore inserting the exemption to include on -sale beer licensees with sales of less than $10,000, off -sale beer licensees with sales of less than $20,000, and on -sale wine licensees with sales of less than $10,000. we specifi- cally call your attention to these added exemptions since it was felt at the conference that this should be a Council decision. While Sec. 5.34 was amended by Ordinance No. 5, it has been revised to delete references to "non -intoxicating malt liquor", since "beer" is so defined in Section 5.01. Subdivision 1 of Sec. 5.52 has been amended to remove the alternative of liability insurance (mandatory requirement in Sec. 5.13), and adds Subd. 14 to allow an off -sale licensee to provide free samples in accordance with Chapter 259 of the 1983 Laws. The on -sale wine license fee has been changed to $200.00 for an annual license and $100.00 for a Sunday license. The prohibi- tion in Sec. 5.80 as to consumption and display has been repealed and. new Sec. 5.81 inserted which provides for an annual consumption and display license. The fee to be paid to the City is $300.00. In' addition, the applicant is required to pay a fee of $100.00 to the State of Minnesota. Section 5.14 is also a new Section which we strongly recommend be added to the general provisions at the beginning of this Chapter. You will note that it requires thirty days notice to the City prior to cancellation. It is our feeling that the ten day notice period is insufficient since it does not allow ample time to give notice and hold a hearing as to action to be taken on the license. CHAPTER 6 The definiton of a kennel has been amended to provide for "four or more dogs or cats" rather than three. Ordinance No. 4 amending Sec. 6.42 as to construction, alteration or repair of buildings will be incorporated in preparing the revision pages. -2- 41 CHAPTER 8 Adoption of MSA Chapter 169 has been updated to amend through Laws 1983. CHAPTER 9 Section 9.16 has been amended to update in accordance with Chapter 24 of the 1983 Laws which prohibits obstructing access to a handicapped parking space, requires visible sign -posting and non-movable signs, and authorizes tagging on private and public property. CHAPTER 10 Ordinance No. 2 prohibiting trapping will be inserted in preparing the revision pages. Dangerous weapons or articles, due date of dog and cat licenses and curfew have been amended in Sections 10.10, 10.11 and 10.30. The requested ordinance relating to building security and fire alarm systems has been inserted as Sec. 10.43 with some revision to • follow the format of the City Code. CHAPTER 11 The definition of Planned Development from proposed Ordinance No. 7 has been inserted in Sec. 11.03, as well as the definition.of setback. Subdivision 26 of Sec. 11.10 has been amended to correct- confusing language and the references to the Industrial Districts have been changed in Sec. 11.20, as requested. Day care special permits have been repealed in the Agricultural and Residential Districts as provided in proposed Ordinance No. 6, and on -sale wine and 3.2 beer as a conditional use in the I-1 Industrial District inserted. The typo error on Page 397 will be corrected in typing the revision pages. CHAPTER 13 •The Council waiver has been amended in Sec. 13.02, Subd. 2, in accordance with proposed Ordinance No. 13. Amendments to Sections 13.10 and 13.30 have been inserted as requested. CHAPTER 25 Ordinances numbered 101, 102 and 103 will be inserted in preparing the revision pages, as will Ordinance No. 1, 2nd Series, which adopted the codification. C: Dave Keller, . City Attorney -3- 4Z. ORDINANCE NO. 6, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 1 ENTITLED "GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE INCLUDING PENALTY FOR VIOLATION" BY CHANGING THE PROVISION RELATING TO PENALTY FOR A MISDEMEANOR, AND MAKING THIS ORDINANCE APPLICABLE TO EVERY CHAPTER, SECTION OR OTHER PROVISION OF THE EAGAN CITY CODE. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. The definition provided for in Section 2 of this ordinance shall apply to each and every provision of the Eagan City Code which is a misdemeanor. Section 2. Eagan City Code, Section 1.02 entitled "Definitions" is hereby amended by changing Subd. 13 to read: Subd. 13. "Misdemeanor" means the crime for which a sentence of not more than ninety (90) days or a fine of not more than $700.00, or both, may be imposed. Section 3. This ordinance shall be applicable to every. Chapter, Section -or other provision of the Eagan City Code. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY.OF EAGAN CITY COUNCIL • By: Its Mayor Date Ordinance Published in the Eagan Chronicle: 43 ORDINANCE NO. 8, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 3 ENTITLED "MUNICIPAL AND PUBLIC UTILITIES - RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS" BY CHANGING PROVISIONS RELATING TO BILLING AND DELINQUENT PAYMENT OF MUNICIPAL UTILITY CHARGES, WATER SERVICE PIPES AND METERS, AND UNMETERED SERVICE; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section. 3.05 entitled "Rules and Regulations Relating to Municipal Utilities" is hereby amended by changing Subd. 1 to read: Subd. 1. Billing, Payment and Delinquency. All municipal utilities shall be billed monthly or quarterly and a • utilities statement or statements shall be mailed to each consumer. All utilities charges shall be delinquent if they are unpaid at the close of business day on the due date shown on the billing. A penalty of ten per cent (108) thereof shall be added to, and become part of, all delinquent utility bills. If service is suspended due to delinquency it shall not be restored at that location until a reconnection charge has been paid for each utility reconnected in addition to amounts owed for service and penalties. Section 2. Eagan City Code Section 3.20 entitled "Rules and Regulations Relating to Water Service" is hereby amended by changing Subdivisions 4, 9 and 10 to read: Subd. 4. Service Pipes. Every service pipe must be laid in such manner as to prevent rupture by settlement. The • service pipe shall be placed not less than seven feet below the surface in all cases so arranged as to prevent rupture and stoppage by freezing. Frozen service pipes between the curb stop and the building shall be the responsibility of the owner. Service pipes must extend from the curb stops to the inside of the building; or if not taken into a building then to the hydrant or other fixtures which they are intended to supply. A valve, the same size as the service pipe, shall be placed close to the inside wall of the building, ahead of the meter and well protected from freezing and at the property or public utility easement line flush with the finished grade or surface elevation and fully accessible and operable by City authorized personnel. Joints on copper tubing shall be flared and kept to a minimum. Not more than one joint shall be used for a service up to seventy feet in length. All joints shall be left uncovered until inspected. Minimum size connection with the water mains shall be 3/4 inch in diameter. Subd. 9. Unmetered Service. Unmetered service may be provided in accordance with a duly adopted and uniformly enforced policy. -1- 44 .Subd. 10. Water Meters. All water meters shall be purchased from the City and installed and maintained by the property owner. All new water meter installations and replace- ments shall be installed with an outside remote reader which shall be purchased, installed and maintained by the property owner. All water meters shall remain under the control and shall also remain the property of the City. All required repairs to faulty water meters and/or outside remote readers shall be performed by the City, with the exception that whenever a meter or outside remote reader has been damaged due to negligence on the part of the user, all costs associated with the removal, repair and installation of a new meter shall be the responsibility of the user. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 3.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. • Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: CITY OF EAGAN CITY COUNCIL. By: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the Eagan Chronicle: -2 450 • ORDINANCE NO. 9, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 4 ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULA- TION, INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARKS" BY CHANGING PROVISIONS RELATING TO ADOPTION OF STATE BUILDING CODE BY REFERENCE, BUILDING MOVING RULES AND REGULATIONS, AND PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS; BY ADDING A PROVISION AS TO CONSTRUCTION HEAD- QUARTERS AND MATERIAL STORAGE AREAS; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. read: THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 4.01 is hereby amended to SECTION 4.01. BUILDING CODE ADOPTED. The Minnesota State • Building Code (SBC), including Appendix C -Technical Organizations; also, (1) Flood Proofing Regulations, Sections 201.2-208.2; (2) 1982 Uniform Building Code, Chapter 1 -Life Safety Requirements for Existing Buildings, Chapter -7-Covered Mall Buildings, Chapter 55 -Membrane Structures (air -inflated structures), (3) Minnesota Plumbing Code Appendix C -Guide for Sizing the Water Supply System, Appendix D -Sizing the Building Water Supply System; and, (4) 6 MCAR, Sec. 4.8040 -Individual Sewage Treatment Standards by the Minnesota Pollution Control Agency, are hereby adopted by reference as though set forth verbatim herein. One copy of said Code shall be marked CITY OF EAGAN - OFFICIAL COPY and kept on file in the Protective Inspections Department and open to inspection and use by the public. SEC. 4.10. PERMITS AND SPECIAL REQUIREMENTS FOR MOVING • BUILDINGS. Subd. 1. Definition. "Street" or "Streets" as used in this Section means all streets and highways in the City which are not State trunk highways, County State -aid highways, or County roads. Subd. 2. Moving Permit Required and Application. A. It is unlawful for any person to move a building on any street without a moving permit from the City. B. The application for a moving permit shall state the approximate size and weight of the structure or building proposed to be moved, together with the places from and to which it is proposed to move the same, and proposed route to be followed, proposed dates and times of moving and parking, and the name and address of the proposed mover. Such application -1- 46 shall also state any municipal utility, street, and public property repairs or alterations that will be required by reason of such movement. C. Permit and Fee. The moving permit shall state date or dates of moving, hours, routing and movement. Permits shall be issued only for moving buildings by building movers licensed by the State of Minnesota. Fees to be charged shall be separate for each of the following: (1) a moving permit fee to cover use of streets and route approval, and (2) a fee equal to the anticipated amount required to compensate the City for any municipal utility and public property (other than streets) repairs or alterations occasioned by such movement. The latter shall be paid in advance. Subd. 3. The building mover shall: A. Use Designated Streets. Move the building over those streets only, which are designated for such use in the permit. • B. Notify of Revised Moving Time. Notify the Protective Inspections Department in writing of any desired change in the date or times of moving the building from that indicated in the application and conduct moving operations only on the date and at the times designated in the application or approved in writing by the Protective Inspections Department and notify the Police Department at least 24 hours prior to commencing movement of the building. C. Notify of Damage. Notify the Protective Inspections Department in writing of damage caused to property belonging to the City within 24 hours after the damage or injury has occurred. D. Display Lights. Cause warning lights or signals to be displayed during all times on each side of the• building; while situated on a public street, in such manner as to warn the public of an obstruction,. and at all times erect and maintain barricades across such streets as shall be necessary and in such manner as to protect the public from damage or injury by reason of the presence, movement or removal of the building. E. No Parking. Not park the building on any City street at any time during the moving process. F. Comply With Governing Law. Comply with the Building Code, the provisions of the City Code and all other laws. G. Pay Expense of Officer. Pay to the City the expense of any traffic officer ordered by the City Administrator to accompany the movement of the building to protect the public from injury. -2- 4-7 Subd. 4. Owner's Permit Required and Application. A. It is unlawful for any owner of land in the City to or from which a building is to be moved to permit such movement without an owner's permit. B. Application. A person seeking issuance of an owner's permit shall file a written application with the City. If no moving permit is required under this Section, the application shall also include the address and legal description of the land on which the building is situated, and if, within the City, to which it is proposed to be moved, the route, including identification of streets or roads over which it is to be moved, the distance, the proposed date of movement, and such other information as the City shall require for the determination to be made hereunder. The application shall not be accepted for filing unless accompanied by the following: 1. Evidence that all real estate taxes and . special assessments against the building and land from which it is to be removed are paid in full. 2. A written statement, bill of sale or other written evidence that the applicant is entitled to move the building. 3. Written evidence of arrangements with all public utility companies whose wires, lamps or poles are required to be removed, for the removal thereof by the applicant. 4. A cash deposit from the owner of the lot from which the building is to be moved in the sum of $1,000.00 as an indemnity to ensure completion of the following work: (1) capping the well; (2) abandoning sewerage system as required by the City; and (3) filling all excavations to grade, removing all rubbish, and leaving the premises in a safe and sanitary • condition. 5. A cash deposit or letter of credit, the amount of which shall be 758 of the estimated cost, as determined by the City, to bring the building so moved into conformance with applicable Building Code requirements. 6. Payment of the permit fee. 7. If the building is to be located within the City after its movement, a survey by a licensed surveyor of the land to which the building is to be moved, including the location of the building in relation to the boundaries of the land. 8. If the building is to be located within the City after its movement, photographs of (1) two or more views of the building to be moved; (2) the lot on which the building is to be located; and, (3) the lands, and structures thereon, adjacent to the lot on which the building is to be located. C. Duties of the Protective Inspections Department. Upon receipt of the application accompanied by the fee, deposit, statement and information required, the Protective Inspections Department shall review the application and make such investigation as shall deem appropriate. The Department shall also obtain the recommendation of the Chief of Police and City Engineer with respect to the streets on which the building may be moved to assure.the greatest degree of safety to persons and property and to minimize congestion. Upon completion of the review and investigation, the Protective Inspections Department shall: 1. Deny the permit for moving a building to a location other than within the City, stating in writing one or more of the grounds stated in Subdivision 13 of this Section, or authorize issuance of a permit; or, 2. In all other instances, make its report to the Council. D. Council - Public Hearing. • 1. Where applicant requests the moving of a building to a location within the City, the Council shall hold a public hearing on whether a permit shall be issued not later than 60 days after the application has been accepted for filing. Notice, including the time, date, place and purpose of the hearing shall be given by publication and by mailing to the owners of real property situated within 500 feet of the land to which the building is to be moved at least ten days prior to the date of the hearing. Notice containing the same information shall be posted on the property to which the building is to be moved, not less than 30 days prior to the date of the hearing. Failure to give mailed notice or any defect in the notice shall not invalidate the hearing or any proceedings taken thereat. 2. Not later than five days after conclusiolo of the hearing the Council shall either deny the permit in writing stating one or more of the grounds stated in Subdivision 13 of this Section, or authorize issuance of a permit. E. The owner shall: 1. Clear Premises. Remove all rubbish and materials and fill all excavations to existing grades at the original building site, if within the City, so that the premises are left in a safe, neat and sanitary condition. All foundation structures shall be removed to a depth of 18 inches below the finished grade of the earth. 2. Remove Service Connections. Cause any sewer lines to be plugged, shut off, or removed if the original site is within the City, in such manner as may be required by the City. -4- 4.L. 3. Completion of Remodeling. If the building is relocated in the City, complete, within 90 days after removal, all remodeling, additions or repairs as indicated in the application, in any document filed in support thereof, or in any building permit .issued in connection therewith. 4. Take all reasonable precautions to secure the building and to reduce danger to any member of the public until the building is set on its foundation and any remodeling, additions or repairs, described in the application, have been completed, including but not limited to, (1) locking all doors and windows; (2) providing sufficient support or bracing so as to stabilize the building to prevent it or any part thereof from sliding, slipping, falling or moving; and (3) erecting and maintaining a security fence or wall the base of which shall be no higher than four inches, and the top of which shall be at least four feet, above the surface of the ground and which shall enclose the entire building as well as the excavation for the • foundation. Subd. 5. Liability to City. A. Holders of Permits Liable for Amounts Exceeding Deposit. The holder or holders of a permit shall be liable jointly and severally for any expenses, damages, or costs paid or incurred by the City as a result of the issuance of a permit or the taking or failure to take any action required of the holder or holders of the permit or the City hereunder. B. Retention of Cash Deposit. The City may take or cause to be taken any of the following actions and may retain so much of the cash deposit necessary to reimburse itself for any costs or expenses incurred as a result thereof: • 1. If the City in its sole discretion determines that the premises from which, or to which the building is to be .moved, if within the City, or the movement of the building on streets is unsafe or constitutes any other unsafe condition, the City in its sole discretion may, but shall not be required to, take or cause such action to be taken to eliminate such unsafe condition or conditions as it shall deem appropriate. 2. If the premises from which the building has been removed are within the City and such premises are left in an unsafe or unsanitary condition or the provisions of this Section with respect to such premises have not been complied with, the City may, but shall not be required, in its sole discretion, to take or cause such action to be taken to remedy such unsafe or unsanitary condition and to place the premises in such condition as to be in compliance with this Section. -5- SO Subd. 6. Fees and Deposits. Upon completion of the moving of a building pursuant to a permit, the amount which the applicant has deposited in conjunction with the filing of the application shall be returned to him, less all amounts which any holder of a permit shall or may become liable to the City and which the City may retain under any provision of this Section. The permit fee paid upon filing of the application shall not be returned. Subd. 7. Council Review. A. The Council may on its own motion elect to review any decision of the Protective Inspections Department denying issuance of a permit. The denial of a permit may be appealed by the applicant as any other administrative decision. B. A hearing on the election to review or appeal shall be heard by the Council no later than 30 days after the election to review has been made. The Council may affirm, • reverse or modify the action. Subd. 8. Moving Hours. No person shall move any building on any street at any time other than during the hours of 1:00 o'clock A.M. to 5:30 o'clock A.M. Subd. 9. Moving Days. Any person moving a building through the City for which a permit shall not be required shall move such building through the City within a period of no more than seven (7) days. Subd. 10. Conditional Permits. Any permit granted under the terms of this Section may have attached thereto written conditions which shall be strictly adhered to by the permittee. Subd. 11. Building Permits and Certificates of Occupancy. • A. Whenever "an application is made to move a building which would not, after moving, comply with all then - current building codes or if changes are required or contemplated, contemporaneously with such application a separate building permit shall also be applied for. B. No moved building, whether or not a separate building permit is required under Subparagraph A of this Subdivision, shall be occupied before the City makes its final inspection.' Subd. 12. Building Mover Endorsement. No permit to move a building shall be granted to the owner unless it is endorsed by a building mover licensed by the State, acknowledging that he knows the contents of this Section and agrees to be bound hereby and by all conditions placed upon such permit relating to hours, routing, movement, parking and speed limit. -6- s► Subd. 13. Denial of a Permit. Any permit under this Section shall be denied upon a finding of any one of the following: A. Applicant has not complied with any requirement of this Section; B. Persons or property in the City would be endangered by moving the building, because of shape, size, route, or for any other reason; C. The building is in such state of deterioration or disrepair or is otherwise so structurally unsafe that it would constitute a danger to persons or property in the City; D. The building is structurally unsafe or unfit for the purpose for which moved, if the location to which the building is to be moved is in the City; • E. The equipment for moving the building is unsafe and persons and property would be endangered by its use; F. The building or its use would not be in compliance with zoning, building codes or other provisions of the City Code, if the location to which the building is to be moved is in the City; or, G. If the location to which the building is to be moved is in the City, the building is in substantial variance with either the established or the expected pattern of building development within the neighborhood to which the building is to be moved. Comparative age, bulk, architectural style and quality of construction of both the building to be moved and the buildings existing in the neighborhood shall be considered in determining whether a building is in substantial variance. If • the building to be moved is more than ten years older than the oldest building situated on the lands abutting the land to which the building is to be moved, such fact shall be evidence that the building to be moved is in substantial variance. Section 3. Eagan City Code Section 4.20 entitled "Placement, Erection and Maintenance of Signs" is hereby amended by changing Subparagraph C of Subd. 3 to read: C. Location to Street and Railroad Right -of -Way. No sign shall be located nearer than ten feet from any street, highway or railroad right-of-way, except only residential name signs which are attached to mail boxes, lamp posts, or the like. No advertising sign shall be located nearer than twenty feet from any street, highway or railroad right-of-way. Section 4. Eagan City Code Chapter 4 is hereby amended by adding a Section to read: -7- S SEC. 4.60. CONSTRUCTION HEADQUARTERS AND MATERIAL STORAGE AREAS - PERMITTED AND UNLAWFUL ACT: Notwithstanding any other provision of the City Code, a construction headquarters temporary structure, or area, shall be allowed in any residential plat then being developed. Such structure and/or storage materials shall be removed within thirty days after final City inspection of 85 per cent of the total number of dwelling units in such plat. It is unlawful for any person to fail to timely remove any such structure or materials. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: -8- 153 • ORDINANCE NO. 11, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 5 ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULA- TIONS" BY CHANGING PROVISIONS AS TO DEFINITION OF CLUBS, FINANCIAL RESPONSIBILITY OF LICENSEES AND EXEMPTIONS, HOURS OF BEER SALES, AND LIQUOR AND ON -SALE WINE LICENSE RESTRICTIONS AND REGULATIONS; BY ADDING A PROVISION AS TO INSURANCE REQUIREMENTS AND CONSUMPTION AND DISPLAY, AND REPEALING A PROHIBITION OF CONSUMPTION AND DISPLAY; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 5.01 entitled "Definitions" is hereby amended by changing Subdivisions 15 and 16 to read: 15. "Club" means any corporation duly organized under • the laws of this State for civic, fraternal, social, or business purposes or for intellectual improvement or for the promotion of sports, or a congressionally chartered veterans organization, which shall have more than fifty members, and shall, for more than a year, have owned, hired, or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a Board of Directors, Executive Committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents, or employees are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club, or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the Directors or other governing body. Such club or congressionally chartered • veterans organization must be incorporated and must have been in existence for at least three years. read: 16. "Fraternal club" means a club which serves only members and their guests and which uses any profits derived from liquor sales principally for sponsoring activities beneficial to the community and not for the profit of any individual. Section 2. Eagan City Code Section 5.13 is hereby amended to SEC. 5.13. FINANCIAL RESPONSIBILITY OF LICENSEES. Subd. 1. Proof. No beer, wine or liquor license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility imposed by Minnesota Statutes, Section 340.95, by filing with the City a certificate that there is in effect an insurance policy or pool providing minimum coverages of (1) $50,000.00 because of bodily injury to any one person in any one occurrence, and, subject to the limit for one -1- 19+ person, in the amount of $100,000.00 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10,000.00 because of injury to or destruction of property of others in any one occurrence, and (2) $50,000.00 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $100,000.00 for loss of means of support of two or more persons in any one occurrence; Subd. 2. Exception. This Section does not apply to on -sale beer licensees with sales of beer of less than $10,000.00 for the preceding year, nor to off -sale beer licensees with sales of beer of less than $20,000.00 for the preceding year, nor does it apply to holders of on -sale wine licenses with sales of wine of less than $10,000.00 for the preceding year. An affidavit of the licensee shall be requiredto establish the exemption under this Subdivision. Subd. 3. Documents Submitted to Commissioner. All proofs of financial responsibility and exemption affidavits filed • with the City under this Section shall be submitted by the City to the Minnesota Commissioner of Public Safety. Section 3. Eagan City Code Section 5.34 is hereby amended to read: SEC. 5.34. HOURS AND DAYS OF BEER SALES. No sale of beer shall be made between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on any weekday, Monday through Saturday, inclusive. Neither shall any beer sale be made on any Sunday between the hours of 1:00 o'clock A.M. and 12:00 o'clock noon. Section 4. Eagan City Code Section 5.52 entitled "Liquor License Restrictions and Regulations" is hereby amended by changing Subd. 1, and adding Subd. 14, to read: Subd. 1. Prior to issuance of any license the• applicant shall file with the City a bond with a corporate surety, cash, or United States government bonds in the sum of $5,000.00 for an on -sale license and $3,000.00 for an off -sale license. Subd. 14. It is unlawful for an off -sale licensee to provide samples of wine, liqueurs, and cordials which the licensee currently has in stock and is offering for sale to the general public without obtaining an additional license, provided the wine, liqueur, and cordial samples are dispensed at no charge and consumed on the licensed premises during the permitted hours of off -sale in a quantity less than 50 milliliters of wine per variety per customer and 25 milliliters of liqueur or cordial per variety per customer. • E Section 5. Eagan City Code Section 5.70 entitled "On -Sale Wine" is hereby amended by changing Subd. 2 and Subparagraph A of Subd. 3 to read: Subd. 2. On -Sale Wine License Fee. A. The annual on -sale wine license fee is $200.00. B. The annual Sunday on -sale wine license fee is $100.00. Subd. 3. A. Prior to issuance of any on -sale wine license the applicant shall file with the City a bond with a corporate surety, cash, or United States government bonds in the sum of $3,000.00. Section '6. Eagan City Code Section 5.80 entitled "Consumption and Display - One Day License" is hereby amended by repealing Subd. 1 entitled "Prohibition". Section 7. Eagan City Code Chapter 5 is hereby amended by adding Sections to read: SEC. 5.14. INSURANCE CERTIFICATE REQUIREMENTS. Whenever an insurance certificate is required by this Chapter the applicant shall file with the City a certificate of insurance showing (1) that the limits are at least as high as required, (2) that coverage is effective for at least the license term approved, and (3) that such insurance will not be cancelled or terminated without thirty days' written notice served upon the City. Cancellation or termination of such coverage shall be grounds for license revocation. SEC. 5.81. CONSUMPTION AND DISPLAY. Subd. 1. Definition. For purposes of this Section, the term "bottle club" is a "club" as defined in this Chapter, or an unincorporated society which, except for its lack of incorporation, otherwise meets the requirements of a club, and which is not otherwise licensed for the sale of liquor, either on -sale or off -sale or both. Subd. 2. Consumption and Display License Required. It is unlawful for any bottle club or for any business establishment to allow the consumption or display of liquor or the serving of any liquid for the purpose of mixing liquor without a license therefor from the City, but a bottle club as herein defined and licensed may permit its members to bring and keep a personal supply of liquor in lockers assigned to such members. Subd. 3. Consumption and Display License Fee. The annual consumption and display license fee is $300.00. -3- S(O Subd. 4. Consumption and Display Restrictions and Regulations. A. Every bottle, container or other receptacle containing liquor stored by a member of a bottle club shall have attached to it a label signed by the member of the club, shall be kept in a locker designated to the use of such member, and no other liquor shall be on bottle club premises. B. It is unlawful for any club member under nineteen (19) years of age to be assigned a locker for the storage of liquor or to consume or display liquor on any premises under control by such club. C. It is unlawful to consume or allow consumption or display of liquor in any bottle club or business establishment between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M., nor between the hours of 1:00 o'clock A.M. and 3:00 o'clock P.M. on Memorial Day; nor between the hours of 1:00 o'clock A.M. and 8:00 o'clock P.M. on any primary, special, or general election day • held in the City. D. No license shall be issued to any bottle club when a member of the board, management, executive committee, or other similar body chosen by its members, or when a business establishment or the owner thereof holds a Federal retail liquor dealer's special tax stamp for the sale of liquor. E. Liquor sold, served or displayed in violation of this Section shall be subject to seizure for purposes of evidence. Subd. 5. Other Licenses. An on -sale liquor or wine licensee may also be licensed for consumption and display. Section 8. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code• Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are herebyadopted in their entirety, by reference, as though repeated verbatim herein. Section 9. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: CITY OF EAGAN CITY COUNCIL By: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the Eagan Chronicle: -4- S 7 r1 U • ORDINANCE NO. 12, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY CHANGING THE DEFINITION OF A KENNEL; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 6.38 entitled "Kennels" is hereby amended by changing Subd. 1 to read: Subd. 1. Defined. For the purpose of this Section, the term "kennel" means any place, building, tract of land, abode or vehicle, wherein or whereon a total of four or more dogs or cats, or combination, over six (6) months of age, are kept, kept for sale, or boarded. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for violation" and Section 6.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: w ORDINANCE NO. 14, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 8 ENTITLED "TRAFFIC REGULATIONS" BY CHANGING A PROVISION RELATING TO ADOPTION OF THE TRAFFIC REGULATION ACT BY REFERENCE; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 8.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. read: THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 8.01 is hereby amended to SECTION 8.01. MINNESOTA STATUTES, CHAPTERS 168, 169 AND 171 ADOPTED BY REFERENCE. Except as otherwise provided in this Chapter, or in Chapters 7 and 9 of this Code, the regulatory and • procedural provisions of Minnesota Statutes, Chapter 168, Chapter 169 (commonly referred to as the Highway Traffic Regulation Act) and Chapter 171, as amended through Laws 1983, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 8.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: CITY OF EAGAN • CITY COUNCIL By: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the Eagan Chronicle: S1 ORDINANCE NO. 15, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 9 ENTITLED "PARKING REGULATIONS" BY CHANGING THE PROVISION RELATING TO PHYSICALLY HANDICAPPED PARKING; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 9.16 is hereby amended to read: SEC. 9.16. PHYSICALLY HANDICAPPED PARKING. Subd. 1. Statutory parking privileges for physically handicapped shall be strictly observed and enforced. Police officers are authorized to tag vehicles on either private or public property in violation of such statutory privileges. Subd. 2. It is unlawful for any person, whether or not physically handicapped, to stop, park, or leave standing, a motor vehicle (1) in a sign -posted fire lane at any time, or (2) in lanes where, and during such hours as, parking is prohibited to accommodate heavy traffic during morning and afternoon rush hours. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their • entirety, by reference, as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: ma 2 ORDINANCE NO. 16, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 10 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY CHANGING PROVISIONS RELATING TO DANGEROUS WEAPONS AND ARTICLES, DOG AND CAT LICENSE FEES, AND CURFEW; BY ADDING A PROVISION AS TO FIRE, BURGLARY AND SAFETY ALARMS; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 10.10 entitled "Dangerous Weapons and Articles" is hereby amended by changing Subdivisions 5 and 8 to read: Subd. 5. Carrying and Transporting of Firearms. • Except where otherwise specifically authorized by law, it is unlawful to carry any firearm unless it is unloaded and encased in a proper case or to transport any firearm in a motor vehicle unless it is in the trunk, unloaded, and encased in a proper case. In motor vehicles which do not have a trunk, it shall be in that portion thereof not designed for carrying passengers. Subd. 8. Use of Bow and Arrow. It is unlawful for any person to shoot a bow and arrow except in the Physical Education Program in a school supervised by a member of its faculty, a community -wide supervised class or event specifically authorized by the Chief of Police, or a bow and arrow range, or such other place during such time or times as authorized by the Council. Section 2. Eagan City Code Section 10.11 entitled "Dog and Cat Regulation and Dog Licensing" is hereby amended by changing Subd. 5 to •read: read: Subd. 5. Period and Fees. All dog licenses shall expire on February 20 of each year and shall become delinquent on February 21 in each year or within six months after birth. All fees for the licensing of dogs and impounding of dogs and cats, including penalties for late application, shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such fees may from time to time be amended by the Council by resolution. A copy of the resolution setting forth currently effective fees shall be kept on file in the office of the City Clerk -Treasurer and open to inspection during regular business hours. Section 3. Eagan City Code Section 10.30 is hereby amended to -1- 6L SEC. 10.30. CURFEW. Subd. 1. Curfew - Minors Under the Age of Sixteen (16). It is unlawful for any minor person under the age of sixteen years to be or loiter upon the streets or public places between the hours of 10:00 o'clock P.M. and 5:00 o'clock A.M. of the day next following. Subd. 2. Curfew - Minors who Are Sixteen (16) or Seventeen (17) Years of Age. It is unlawful for any minor person sixteen or seventeen years of age to be or loiter upon the streets or public places between the hours of 12:00 o'clock midnight and 5:00 o'clock A.M. of the day next following. Subd. 3. Curfew - Parents and Guardians. It is unlawful for any parent, guardian, or other person having the • legal care or custody of any minor person to allow or permit such minor person to be or loiter upon the streets or public places in violation of this Section unless such minor is accompanied by a person of lawful age having such minor person in charge. Subd. 4. Curfew - Places of Amusement, Entertainment or Refreshment. It is unlawful for any person operating, or in charge of, any place of amusement, entertainment or refreshment, or other place of business, to allow or permit any minor person under the age of eighteen (18) years to be or loiter in such place in violation of this Section unless such minor is accompanied by a person of lawful age having such minor person in charge. This Subdivision shall not be construed to permit the presence, at any time, of any person under age in any place where ;his presence is otherwise prohibited by law. Subd. 5. Exceptions. • any students under the age lawfully attending, going to or community sponsored athletic, events. Such curfew shall not apply to of eighteen (18) years who are returning from school, church, or musical or social activities or Section 4. Eagan City Code Chapter 10 is hereby amended by adding a Section to read: SEC. 10.43. FIRE, BURGLARY AND SAFETY ALARM REGULATIONS AND REQUIREMENTS. Subd. 1. Purpose. This Section regulates the use of fire, burglary and safety alarms for the purpose of preventing the public safety services from misuse of public safety alarms through frequency of false alarms. Subd. 2. Definitions. For the purpose of this Section: A. "Alarm User" means the person using an alarm system to�protect his premises, regardless of whether he owns or leases the system. B. "Alarm System" means and includes any alarm installation designed to be used for the prevention or detection of burglary, robbery, or fire on the premises which contain an alarm installation. Automobile alarm devices shall not be considered an alarm system. C. "False Alarm" means the occurrence of an alarm in an alarm system for any reason other than an authorized intrusion or attempted robbery, or call to an existing fire. D. "Financial Institution" means a commercial bank, savings and loan association, credit union or establishment leasing safe deposit boxes. E. "Audible Alarm" means a device designed for the detection of smoke or fire or of an unauthorized entry on the premises, which alarm activates or generates an audible sound on or near the premises. • F. "Calendar Year" means the period January 1 through December 31 of each year. G. "Residential Alarm User" means occupied housing units, residential homes and condominiums. H. "Non -Residential" means commercial, industrial, business, State agencies, special purpose units of government, apartment complexes. Subd. 3. Regulations and Requirements. A. Alarm User Registration. Following the first false alarm within any calendar year, the alarm user shall fill out and return to the Police Department the "Alarm User Registration" form as provided within 30 days. • B. False Alarm Statement of Correction. Following the sixth false alarm within the calendar year, the alarm user shall fill out and return to the Police Department within five days the "False Alarm Statement of Corrections". This form shall contain a detailed statement of the corrective actions the alarm user has taken to prevent additional false alarms, and to notify alarm user of impending forfeitures should additional false alarms occur. C. Audible Alarms. All audible alarms shall meet the following requirements: 1. Every person maintaining an alarm system with an audible alarm signal shall post a notice containing the name and telephone number of a person to be notified to render repairs or service to such alarm system during any hour of the day or night upon activation of such alarm system. Such notice shall be posted at the main entrance to such premises or near the alarm in such a position as to be legible from the ground level adjacent to the building. -3- 63 2. Alarm systems with audible alarm signals, except for fire alarms, shall have an automatic shut-off which will silence the audible alarm signal within a period not to exceed 20 minutes. D. In -House Annunciation Panel. Financial institutions having an alarm system with multiple sensors shall have an in-house annunciation panel providing specific annuncia- tion of the sensors at a private monitoring location on the premises. When, in the judgment of the Police Department, no such private monitoring location is possible upon the premises, the requirements of this Subparagraph D may be waived. Compliance with this Subparagraph D is required of all alarm systems installed in financial institutions after the effective date of this Section, and within one year from effective date of this Section for currently operating alarm systems. E. No person shall install an alarm system or • use, monitor, and possess an operative alarm system which utilizes taped or prerecorded, messages which deliver a telephone alarm message to the Police or Fire Departments. No automatic dialing services or systems are permitted in any form, including automatic dialing of the emergency number 911. F. Unlawful Act. It is unlawful for any person to fail or refuse to comply with the regulations set forth in this Subdivision. Subd. 4. Schedule of Payment Rates. A. Residential users of alarm systems shall be permitted six (6) false alarms per calendar year and pay $50.00 per false alarm thereafter. B. Non-residential users of alarm systems shall • be permitted six (6) false alarms per calendar year and pay $75.00 per false alarm thereafter. C. There is hereby established a ninety (90) day grace period for all newly installed alarm systems; all false alarms occuring during this period shall not be considered part of the six allowable false alarms per year. The installation date must belverified by a dated sales receipt for the alarm system, or a dated invoice from the installer of the alarm system. D. A false alarm is excused if prior written notification stating the exact time is given to the Police Department, and the alarm is activated for the purposes of, testing or upgrading the alarm system. E. All payments provided for in this Subdivision shall be made to the City within 30 days after mailing a statement to the alarm user. Payments not made within 30 days are delinquent and a penalty of 108 of the amount due will be added. All delinquent charges and penalties shall be certified by the City Clerk to the County Auditor who shall prepare an assessment roll each year providing for assessment of the delinquent amounts against the property of the delinquent alarm user. F. Confidentiality. All information submitted in compliance with this Section shall be held in confidence and shall -be deemed a confidential record exempt from discovery to the extent permitted by law. Subject to requirement of confidentiality, the Chief of Police may develop and maintain statistics for the purpose of ongoing alarm systems evaluation. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 10.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. Effective Date. This ordinance shall take effect • upon its adoption and publication according to the law. ATTEST: CITY OF EAGAN CITY COUNCIL By: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the Eagan Chronicle: -5- 6S 0 • ORDINANCE NO. 7, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATION (ZONING)" BY CHANGING THE DEFINITION OF PLANNED DEVELOPMENT AND ADDING THE DEFINITION OF SETBACK; BY CHANGING A GENERAL PROVISION AS TO PLACEMENT OF HOUSE ON RESIDENTIAL LOT; BY RENAMING THE INDUSTRIAL DISTRICTS; BY REPEALING PROVISIONS FOR DAY CARE SPECIAL PERMITS IN THE AGRICULTURAL AND RESIDENTIAL DISTRICTS; BY ADDING A CONDITIONAL USE AND CHANGING A REFERENCE TO THE PUBLIC FACILITIES DISTRICT IN THE LIMITED INDUSTRIAL DISTRICT; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 11.03 entitled "Definitions" is hereby amended by changing Item 57, and adding Item 78, to read: 57. "Planned Development" - An urban development developed according to an approved overall plan (1) having two or more principal uses (within a single plat) without the necessary zoning to allow the uses in compliance with the existing zoning districts; or (2) having a single use which does not comply with all of the restrictions of any one zoning district. Planned Development zoning shall be allowed only where the Council determines that because of topography, location, design, public need, amenities, or for other similar reasons, the development represents good planning in relation to existing and proposed development in the area. 78. "Setback" - The minimal horizontal distance between a building and a street right-of-way or lot line. Section 2. Eagan City Code Section 11.10 entitled "General Provisions" is hereby amended by changing Subd. 26 to read: Subd. 26. Placement of House on Residential Lot. A. On all residential lots not served by public utilities which are at least twenty-four thousand (24,000) square feet in area and one hundred seventy (170) feet in width, all structures shall be placed so that the lot may be further subdivided in the future unless otherwise approved by the Council. (Subparagraph B remains the same) Section 3. Eagan City Code Section 11.20 entitled "Use Districts" is hereby amended by changing Subd. 1 to read: Subd. 1. Classification. The following land use districts are hereby established under which all lands in the City shall be classified: -1- 66 A - Agricultural District. E - Estate District. P - Public Facilities District. R-1 - Residential Single District. R-2 - Residential Double District. R-3 - Residential Townhouse District. R-4 - Residential Multiple District. R-5 - MobIle Home District. LB - Limited Business District. NB - Neighborhood Business District. GB - General Business District. CSC - Community Shopping Center District. RSC - Regional Shopping Center District. RB - Roadside Business District. I-1 - Limited Industrial District. • I-2 - General Industrial District. R -D - Research and Development Park District. PD - Planned Development District. FP - Flood Plain District. Section 4. Eagan City Code Section 11.20 entitled "Use Districts" is hereby amended by repealing Item 6 of Subd. 3, and Item 7 of Subd. 5, both relating to day care special permits in the Agricultural and Residential Districts. Section 5. Eagan City Code Section 11.20 entitled "Use Districts" is hereby amended by adding Item 14 as a conditional use under Subparagraph C, and changing Item 2 of Subparagraph D in Subd. 16 entitled "I-1 — Limited Industrial District", to read: C. 0 14. On -sale wine and 3.2 beer. D. 2. Whenever an "I-1" District abuts an Agricultural, Residential or Public Facilities District, a fence or compact evergreen hedge not less than six (6) feet in height, except adjacent to a street where it shall be not less than three (3) or more than four (4) feet, shall be erected and maintained in the front portion of the lot, along the side and rear property line that abuts said Agricultural, Residential or Public Facilities District whenever buildings or parking is located within 200 feet of said District. -2- 67 • E Section 6. Eagan City Code Chapter 'I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 7. Effective Date. This ordinance shall take effect upon :its adoption and publication according to the law. ATTEST: 'Its Clerk Date ,Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: ORDINANCE NO. 13, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 13 ENTITLED "SUBDIVISION REGULATIONS (PLATTING)" BY CHANGING PROVISIONS AS TO COUNCIL WAIVER, REQUIREMENTS PRIOR TO FINAL PLAT AND RECORDING OF PLAT, MINIMUM WIDTHS FOR PRIVATE DRIVES, SIDEWALKS AND TRAILS, EASEMENTS, BUILDING LOCATIONS AND ELEVATIONS, CONSTRUCTION OF CITY -INSTALLED IMPROVEMENTS; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 13.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 13.02 entitled "Jurisdiction" is hereby amended by changing Subd. 2 to read: Subd. 2. Council Waiver. A. The Council, after review by the Planning • Commission or after staff review and approval of duplex lot splits, may waive compliance with any of the provisions of this Chapter by adoption of a resolution after compliance with waiver provisions of this Chapter which resolution shall specify which provisions have been waived in any case: 1. In which compliance will involve an unnecessary hardship and where failure .to comply does not interfere with the purpose of this Chapter; or, 2. Where an improved plat can be achieved by deviation from certain provisions of this Chapter. B. A waiver may be granted without Planning Commission review only when the subdivision consists of a split of a duplex lot or lots with existing structures havin individual utility services designed in accordance with standard imposed by the Council upon the original plat. Section 2. Eagan City Code Procedures and Approval Process" of Subparagraph A and Item 3 of "Final Plat", to read: Subd. 5. Section 13.10 entitled "Application is hereby amended by changing Item 5 Subparagraph D of Subd. 5 entitled A. 5. A determination on the method by which park dedication shall be satisfied for all plats. D. 3. Recording of Plat. It shall be the responsibiity of the subdivider to file the plat with the Dakota County Recorder within sixty (60) days from final plat approval by the Council unless a time extension has been granted by the -1- 61 Council. Failure to record the plat within the sixty day period shall render final plat approval by the Council null and void until a new application has been processed and approved by the City unless the Council has granted an extension of time in which the final plat shall be recorded. Section 3. Eagan City Code Section 13.30 entitled "Data and Design Standards" is hereby amended by changing Item 5 of Subparagraph B of Subd. 4 entitled "Street Design Standards", to read: B. Private Streets. 5. Minimum width for private drives as defined from face of curb to face of curb shall be as follows: NUMBER OF POTENTIAL UNITS SERVED TYPE OF RTRF.F.T MINIMUM WIDTH (FACE TO FACE) • 4 or less No curb and gutter, 12' 5 - 8 Concrete curb 20' 9 - 20 Concrete curb 24' More than 20 Concrete curb and gutter 28' Through Streets Concrete curb and gutter 28' Section 4. Eagan City Code Section 13.30 entitled "Data and Design Standards" is hereby amended by changing Subd. 6, to read: Subd. 6. Easements. A. Utility and drainage easements abutting public street rights-of-way or adjacent properties or centered on rear or side lot lines shall be at least ten feet (10') wide or wider as may be required by the City. B. Where a subdivision is traversed by a ponding • area, water course, drainageway, channel or stream there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course and incorporating elevations as required by the City. C. Trails or pedestrian ways shall be shown as "trailways" on the final plat or as separate easements as the City may direct. D. All other easements of record and those required by the City as necessary to provide the required utilities to service the subdivision. Section 5. Eagan City Code Section 13.30 entitled "Data and Design Standards" is hereby amended by changing Subd. 9, to read: Subd. 9. Building Locations City Code Chapter 11 and the State reference in Chapter 4.) -2- 70 and Elevations. (Refer to Building Code adopted by Section 6. Eagan City Code Section 13.30 entitled "Data and Design Standards" is hereby amended by changing Item 1 of Subparagraph C of Subd. 15 entitled "Required Improvements", to read: 1. City -Installed Improvements. The developer may request the City to install the improvements. The developer shall submit a petition in the form prescribed by the City to the City Engineer requesting said installations. The Council may accept the petition and install the improvements and assess the cost in accordance with City policy and Minnesota Statutes, Chapter 429. This petition request shall include a requested method of assessment spreading (per lot, front footage, percentage ratios, etc). The applicant shall waive its rights to any and all public hearings required and agree to the acceptance of all costs associated with City -installed improvements provided that all benefited properties are assessed. The City installation of required improvements shall not provide for any overall site grading, but rather, shall be limited to required grading within dedicated easements and rights-of-way necessary to • perform the installation of future public dedicated services as requested by the applicant. Section 7. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for violation" and Section 13.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to the law. ATTEST: CITY OF EAGAN CITY COUNCIL • By: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the Eagan Chronicle: -3- -7I Agenda Information Memo February 21, 1984 City Council Meeting Page Eleven GEORGE NALL/KEEPING OF A HORSE A. George L. and Miriam M. Nall for the Keeping of a Horse on a 4h -Acre Parcel Zoned R-1 -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on January 24, 1984, to consider an application for the keeping of horses on a 4.50 -acre parcel of land zoned R-1, owned by George L. and Miriam M. Nall located at 3960 pilot Knob Road. The Advisory Planning Commission is recommending denial of the variance request. For additional information on this item, refer to the City Planner's report, a copy is enclosed on pages through^ -77 For action that was taken by the Advisory Planning Commission, refer to page or pagesZZAK through -79. • ACTION TO BE CONSIDERED ON mendation of the Advisory George Nall to keep a horse • THIS ITEM: To approve Planning Commission to on a parcel zoned R-1. or deny the recom- allow Mr. & Mrs. CITY OF EACAPT SUBJECT: VARIANCE APPLICANT: GEORGE L. S MIRIAM M NALL LOCATION: SA OF THE NA OF SECTION 22 EXISTING ZONING: R-1 (RESIDENTIAL SINGLE DISTRICT) DATE OF PUBLIC HEARING: JANUARY 24, 1984 DATE OF REPORT: JANUARY 19, 1984 REPORTED BY: JUDY HEALD • APPLICATION SUBMITTED: An application has been received for the keep- ing of horses on a 4.50 -acre parcel of land zoned R-1 (Residential Single District) located at 3960 Pilot Knob Road (Parcel No. 10-02200- 040-27). CITY CODE REQUIREMENT Section 10.12, Subdivision 2, Keeping, states in part, "It is unlaw- ful for any person to keep or harbor any animal, not in transit, ex- cept (1) farm animals kept in that portion of the City zoned Agricul- tural.and containing no less than five acres." A horse is defined as a "Farm Animal" Therefore, the applicant needs a variance for the 4.50 acres of land as well as the R-1 zoning. • It should be noted, however, the City Code does not limit the number of horses per parcel or the distance the horses will be kept from the property line. Since staff has been receiving other inquiries about the number of horses allowed per acre, perhaps the Advisory Planning Commission would want to limit the number per acre or per application. The Planning Commission may also want to look at the distance the horses will be pastured or stabled from the property line. COMMENTS The applicants are presently owners of the property but are requesting the variance for the occupants of the site. The applicants have stat- ed there will be 3 horses housed on the site which will be cared for by the occupants. , As can be seen on the applicant's site plan, the proposed fenced -in area for the keeping of the horses will be on the north side of the property which will be adjacent another large, unplatted parcel, and to the west, County Road 31 (Pilot Knob Road). The block'marked "SHED" 7 c .. CITY_ OF EAGAN VARIANCE - GEORGE L. S MIRIAM M NALL JANUARY 24, 1984 PAGE TWO will house the horses. If approved, the variance shall be subject to the following condi- tions: 1) There shall be no more than 3 horses stabled on the site. 2) No other farm animals as defined in Section 10.12 shall be allowed. 3) No commercial or home occupation shall be permitted in con- nection with the keeping of the horses. 4) Fencing shall be subject to the requirements of the City • Code. 5) All other applicable ordinances shall be complied with. jach 74, 0 0 I P-1 Vr['ce M v/e clrlc Center elle - r City of Eepon t Wa1C ola-2e 0/0 Civic Center elte } r ..SUBJECT PARCEL t e . �rw•� SKOVDA a No.'- 010 - o.' z 020-E7us ... 4 liM i}�if; M ' : \• N .iirr.. ��r{�i•�yb%}4:. ryr� ti '•�}}�l.! •� { r yy ti1 r / 9 w.f vYN.h�..�y'y¢jif• �r L �•y{'1ykr��.ryij/�y'iijCAr�.;{i�'nrycdy{• h • ]'� r / 4. lv{ri�l:�ti{%•i ' f jyyl•�y �Jr�f[•: �N! �••}r'+.k� _ __� � — /IL .�Y w r fif:. 4rY`•...}.yrr:'S• {{r J•yr%r h0 vx:�rri•if�v�• ! iS{?:{:{ Qrxy,{.o OSD'� . {: w+'a{•yv�.. }Y. r r::.: f�l�rq}�,C _ _ � �-w Q tiif "�. • i.y�•'•f'y�r�'v}. Pfdi' _ � / I u .rri,U: fY/%{ri..r,rrr 1�:j.1,.2r��}GlQ f}: �• 3Y {,{•l r v: s .]:..: r�{?•:i{�.�S�f�IJYt•`.1/S'FJ.:�::irr::L�iv4A:}a1�JJ�{{4�i�i!"•.•.-. -'•/ 6 // -' 1 b V D• A -_DEERWOOD_'_""_--_° /XJ I DRIVE CA M N u_ N 7 •` .:` ch Vr['ce M v/e clrlc Center elle - r City of Eepon t Wa1C ola-2e 0/0 Civic Center elte } r ..SUBJECT PARCEL t e . �rw•� SKOVDA a No.'- 010 - o.' z 020-E7us ... 4 liM i}�if; M ' : \• N .iirr.. ��r{�i•�yb%}4:. ryr� ti '•�}}�l.! •� { r yy ti1 r / 9 w.f vYN.h�..�y'y¢jif• �r L �•y{'1ykr��.ryij/�y'iijCAr�.;{i�'nrycdy{• h • ]'� r / 4. lv{ri�l:�ti{%•i ' f jyyl•�y �Jr�f[•: �N! �••}r'+.k� _ __� � — /IL .�Y w r fif:. 4rY`•...}.yrr:'S• {{r J•yr%r h0 vx:�rri•if�v�• ! iS{?:{:{ Qrxy,{.o OSD'� . {: w+'a{•yv�.. }Y. r r::.: f�l�rq}�,C _ _ � �-w Q tiif "�. • i.y�•'•f'y�r�'v}. Pfdi' _ � / I u .rri,U: fY/%{ri..r,rrr 1�:j.1,.2r��}GlQ f}: �• 3Y {,{•l r v: s .]:..: r�{?•:i{�.�S�f�IJYt•`.1/S'FJ.:�::irr::L�iv4A:}a1�JJ�{{4�i�i!"•.•.-. -'•/ 6 // -' 1 b V D• A -_DEERWOOD_'_""_--_° /XJ I DRIVE CA APC Minutes January 24, 1984 20. No dead-end lateral water mains will be allowed. Mr. ulrooney recommended that public right-of-way be ovided based upon the reason utlined by the Engineering staff, includ g more control over maintenance, p ice and fire protection and general p lic safety. Those in favor were McCrea, Hall, Krob and Wold; against we a Wilkins, Mulrooney and Merkley. Member Mu ooney stated the only reason a voted against the motion was he favored the pub c right-of-way in the p oject, and otherwi3e favored the proposal. THE RENTAL PLA - co ONAL USE PERMIT The hearing regarding the appl ation of Larry D. Pedersen for condi- • tional use permit for The Rental a for a pylon sign on Lot 1, Block 1, Barton McGray Addition was conve d by airman Hall. Dale Runkle outlined the proposal and indicated tha the condi onal use permit had been granted for outside storage for the.l ation of a re al business on the lot, and it appeared that the proposed sign would meet 11 the criteria of the sign ordinance including the 30 foot spacing from th existing Kinney Shoe Sign. Contact had been made wi Kinney Shoe but no dete ination as to removal of the sign had yet been me. Mr. Pedersen was present d stated that he would comply with the 300 �Oot spacing. Mulrooney moved, lkins seconded the motion to recommen/�/approval of the application, subjec to the following conditions: 1. All of the conditions regarding the Sign Ordinance shal be adhered to regarding h ght, size and distance from other pylon signs. 2. T e sign shall be renewed yearly in accordance with the Sign Ordi- nance. voted in favor. GEORGE b HIRI AN NALL - VARIANCE The hearing regarding the application of George and Miriam Nall for a variance for the keeping of horses on a 4 112 acre parcel of land zoned R-1 located at 3960 Pilot Knob Road was next convened. Dale Runkle detailed the application and noted that the applicant now is requesting that 5 horses be stabled on the property. A sketch showing the proposed fenced area on the north property line and a shed to the rear that would house the horses was reviewed by the Planning Commission. Alice and Ted Bolke were present and asked questions about the sheltering of horses and also the storage of numer- ous older cars on the east area of the property. Mrs. Nall stated the plan %g 5 APC Minutes January 24, 1984 was to remove most of the cars and indicated that the property is being rented with the renters stabling the horses on the property. Questions concerning the size of the fenced area and the type of fence were asked by members Wilkins, and there were also concerns about the nearness of the property to Pilot Knob Road, the residential character of the neighborhood and the need for variance under the 5 acre minimum for agricultural purposes. Noting the objections that were submitted by neighboring owners, Mulrooney stated that there was no showing of any practical difficulties or hardships according to ordinance requirements and was also concerned about precedent problems and the fact that it was rental property. Krob moved, Mulrooney seconded the motion to recommend denial of the application based upon the concerns of the neigh- boring property owners, and that there was no hardship shown or practical difficulties. All voted in favor. • PERRY KIEFFER - CONDITIONAL USE PERMIT The public hearing regarding the aXhad ion of Perry Ki er for condi- tions se permit for personal storage d at 3955 Dod Road was brought before th Council. Dale -Runkle statedthe Kieffer roperty is approxi- mately 5 acr and is presently a farmsith a bar and new pole building constructed on property. The City sssued a ermit in late 1983 for the pole barn not that it was on agrral operty. Mr. Kieffer is a collector of antique cars and has a rcar usiness for which he has requested space to stor some of the va presently owns himself or with his business. Mr. Ki fer was prnd stated that he has approxi- mately 30 vehicles stored outs a with 40 vehicles inside at the present time and not all are licensed. A ighbwner had concerns as to whether the proposal would meet the ordinan uidelines. Mr.Kieffer stated that he • would agree to license all of the au o biles if it was a requirement of the City and also may request a permit or an ditional pole building in the near future. He also stated that he ould agree ith the annual renewal condi- tional use permit if the reque was imposed. ter discussion, McCrea moved, Krob seconded the motion torr commend approval of a application, subject to the following conditions:;'/ 1. All vehiclq4�/stored on the property shall either have collector's license plates or c ent license plates in order that a junkyard or that type of facility would of be created. 2. The onditional use permit shall be renewed at least ery three years unle objections arise and the City determines that the ord ance is not be ibomplied with. No more than 40 vehicles shall be stored outside at any one time. 4. The property shall not be used for commercial purposes. All voted in favor. ?9 6 Agenda Information Memo February 21, 1984 City Council Meeting Page Twelve CONDITIONAL USE PERMIT/COMMERCIAL STORAGE FACILITIES B. Perry Kieffer for a Conditional Use Permit for Commercial Stor- age Facilities in an Agricultural Zoning District -- A public hear- ing was held before the Advisory Planning Commission at a regular meeting held on January 24, 1984, to consider an application sub- mitted by Perry Kieffer requesting a conditional use permit for outside storage. The Advisory Planning Commission is recommending approval of the application. For additional information on the item, refer to the City Planner's report, a copy is enclosed on pages_ through 195�— for your reference. For additional information on action that was taken by the APC, refer to a copy • of their minutes enclosed on page(s) $ (e ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a condi- tional use permit for commercial storage for Perry Kieffer. O0 CITY OF EACAV SUBJECT: CONDITIONAL USE PERMIT APPLICANT: PERRY KIEFFER LOCATION: PART OF THE SWa OF THE SWa OF NEa OF SEC. 24 PARCEL 10-02400-010-05, 3955 DODD ROAD EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: JANUARY 24, 1984 DATE OF REPORT: JANUARY 19, 1984 REPORTED BY: DALE C. RUNK LE, CITY PLANNER • APPLICATION SUBMITTED: An application has been submitted requesting a conditional use permit for outside storage located in part of the SW; of the SA of the NEk of Section 24, 3955 Dodd Road. COMMENTS In reviewing this particular application, it appears that Mr. Kieffer presently owns a minimum of 5 acres, and there is presently a farm- stead with a barn and new pole building constructed on this property. City staff issued a permit in late 1983 for a pole barn as it relates to agricultural purposes. It is also staff's understanding that Mr. Kieffer is a collector of antique cars and has a rental car business in which he needs a place to store some of the vehicles he presently owns himself or with his business. Staff understands that most of the vehicles are presently stored inside, however, there are some ve- hicles which would be needed to be stored outside on occasion. • Staff has reviewed the property and the area proposed for storage is not that noticeable from Dodd Road, if the storage could be placed in a location which would be least noticeable from Dodd Road. Since the application was submitted, staff has notified the property owners within 350 feet. We have had one inquiry from Mr. Howard Fox requesting what the notice was about and is the business a legitimate business or is some type of illegal operation being proposed. Staff informed him that this was the normal process to notify the people within a distance of 350 feet to inform them as to what is being pro- posed on this particular property. The only concern Mr. Fox had was he wanted to make sure that Mr. Kieffer was performing a legitimate business with the storage of the vehicles. In review of this particular conditional use, it would appear that if this conditional use is approved, it should be subject to the fol- lowing conditions: Val CITY_ OF EAGAN - CONDITIONAL USE PERMIT - PERRY KIEFFER JANUARY 24, 1984 PAGE TWO 1) All vehicles stored on the property shall either have a collect- or's license plate or a current license plate in order that a junkyard or that type of facility would not be created. 2) The Planning Commission may want to discuss with Mr. Kieffer how many cars should be the maximum stored on this property that would work for Mr. Kieffer and have some control by the Advisory Planning Commission. DCR/jach W FITAN LAW • Ll 1 Survey Por: eR41S,144 Perry Kieffer 3955 Ilndd Road - FaRan. MN 5')111 DELMAR H.'SCHWANZ � aw.o•wwvtro+ ScG e-1;_� \yYly VMI l.w M TM 11•\• N Y�,.yM, !•/F _ ,YTw •TeffT A. - WX 01 ROtfUcomf• MWEVOTA YON .wow# elf,pnee tURyEVOR't CERTIFICATE a p r NeeTN. Uue -•� Soavo 41 j.co iw04 % ot,SiVl'V, NF - r 477.eo - N B4'77"3T• E �� 4 Flr-, = I yI ,• I d oMa 3 In 3 f h G w • • • f, . Q' ��0 3 O `. 7 yJi 10 j w or _ w Q �1 _ -- 774.4S 40.11 ll, �4o.t1 l 14a.n3 . 471.00 81.51, t1'! , / / T.�l l •ua • N t Wvt,swy4,.ME,4, Sat. 24, l C. 23 I hereby certify that this is a true and correct representation er e survey of the boundaries of the following described treat of land: The east 475.00 feet of the South 475.00 feet or the Wet Half or the Southwest Quarter or the Northeast Quarter of Section 24, Township 27, Range 11, Dakota County, Minnesota. Subject to all eneementa of record. Alen ehnwing the major bulldings as located thereon. 83 An +nrv.v.., by mI tyle flet day nr netnhlr, 9e0._../J jf Q 0 • i EN Ll TS A T S.A.R. u.63A •:t.t�.fra � � 9�1 ,7Zr p (� > r�2 j D y.;' '; WEST ?LBLISHIN y9 .}{j _ Ist ADD. o ��� r •! �-1T-}-r-i�-- L-I LI ' • 1. 1_�-��—�_i �-- I SUBJECT PARCEL i R -I 0 I Im L AUDITOR'S ' SU80. NO, 42 A R -I 0 I Im L AUDITOR'S ' SU80. NO, 42 APC Minutes January 24, 1984 was to remove most of the cars and indicated that the property is being rented with the renters stabling the horses on the property. Questions concerning the size of the fenced area and the type of fence were asked by members Wilkins, and there were also concerns about the nearness of the property to Pilot Knob Road, the residential character of the neighborhood and the need for variance under the 5 acre minimum for agricultural purposes. Noting the objections that were submitted by neighboring owners, Mulrooney stated that there was no showing of any practical difficulties or hardships according to ordinance requirements and was also concerned about precedent problems and the fact that it was rental property. Krob moved, Mulrooney seconded the motion to recommend denial of the application based upon the concerns of the neigh- boring property owners, and that there was no hardship shown or practical difficulties. All voted in favor. PERRY KI TER - CONDITIONAL USE PERMIT The public hearing regarding the application of Perry Kieffer for condi- tional use permit for personal storage located at 3955 Dodd Road was brought before the Council. Dale Runkle stated that the Kieffer property is approxi- mately 5 acres and is presently a farmstead with a barn and new pole building constructed on the property. The City staff issued a permit in late 1983 for the pole barn noting that it was on agricultural property. Mr. Kieffer is a collector of antique cars and has a rental car business for which he has requested space to store some of the vehicles he presently owns himself or with his business. Mr. Kieffer was present and stated that he has approxi- mately 30 vehicles stored outside with 40 or 50 vehicles inside at the present time and not all are licensed. A neighboring owner had concerns as to whether the proposal would meet the ordinance guidelines. Mr. Kieffer stated that he would agree to license all of the automobiles if it was a requirement of the City and also may request a permit for an additional pole building in the near future. He also stated that he would agree with the annual renewal condi- tional use permit if the request was imposed. After discussion, McCrea moved, Krob seconded the motion to recommend approval of the application, subject to the following conditions: 1. All vehicles stored on the property shall either have collector's license plates or current license plates in order that a junkyard or that type of facility would not be created. 2. The conditional use permit shall be renewed at least every three years unless objections arise and the City determines that the ordinance is not being complied with. 3• No more than 40 vehicles shall be stored outside at any one time. 4. The property shall not be used for commercial purposes. All voted in favor. • • Agenda Information Memo February 21, 1984 City Council Meeting Page Thirteen TRI -LAND COMPANY/PRELIMINARY PLAT FOR SUNSET 4TH ADDITION C. Tri -Land Company Inc., Brad Swenson for Preliminary Plat for Sunset 4th Additional Containing 15.16 Acres with 32 Single -Family Lots -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on January 24, 1984, to consider an application that was submitted by Tri -Land Company for a preliminary plat entitled Sunset 4th Addition, consisting of approximately 15.16 acres and would contain 32 single-family lots. The Advisory Planning Commission is recommending approval of the preliminary plat. For additional information on the item, refer to the City Planner's report, copies enclosed on pages through 9 9 For action that was taken by the APC, refer • to a copy of t emir minutes found on page(s)/Q /O'•2. The Advisory Parks and Recreation Commission isrecommending a cash dedication requirement for this plat. P ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the pre- liminary plat for Sunset 4th Addition as proposed. Special Note: Enclosed on page 101 is a copy of a letter received regarding this item. Also enclosed is a memo from the Director of Public Works found on page I6*• (VA CITY OF EAGAV SUBJECT: PRELIMINARY PLAT, SUNSET 4TH ADDITION APPLICANT: TRI -LAND CO., INC., BRADLEY SWENSON LOCATION: PART OF THE NWa OF THE NA OF SECTION 25 EXISTING ZONING: R -II (MIXED RESIDENTIAL) WITH A DENSITY OF 3-6 DWELLING UNITS PER ACRE - LEXINGTON SOUTH PUD DATE OF PUBLIC HEARING: JANUARY 24, 1984 DATE OF REPORT: JANUARY 18, 1984 REPORTED BY: DALE C. RUNKLE, CITY PLANNER • APPLICATION SUBMITTED: An application has been submitted requesting preliminary plat, Sunset 4th Addition, consisting of approximately 15.16 acres and would contain 32 single family lots in part of the NW4 of the NW4 of Section 25 south of County Road 30 (Diffley Road), west of Saddlehorn Addition and north of Hackmore Drive. ZONING AND LAND USE Presently, the parcel is zoned PD (Planned Development District) in the Lexington South Planned Development. The proposed land use de- signated for this parcel is R -II (Mixed Residential) with a density of 3-6 dwelling units per acre. The Comprehensive Guide Plan desig- nates this parcel as R -I and R -II with the northeasterly portion being R -I (Single Family Residential) with a density of 0-3 dwelling units per acre; the westerly portion of the plat is designated is R -II (Mixed Residential) with a density of 3-6 dwelling units per acre. • The overall plat density contains 2.2 dwelling units per acre, thus conforming with the R -I proposed land use of the Comprehensive Guide Plan. COMMENTS As stated above, the proposed development will contain 15.16 acres and would contain 32 single family lots. Each of the proposed single family lots would meet all of the R-1 zoning requirements which is 85' lot width and 12,000 square feet. The net density of this de- velopment proposal is 2.2 dwelling units per acre which is a low den- sity for single family development. The proposed plat abuts Sunset 1st Addition on the most easterly por- tion of the plat. The access to Sunset 4th Addition would be through Sunset 1st Addition where Richard Lane will tie into Yorktown Place and provide access from the east. Access from the west, Yorktown Place, will be stubbed from Northview Meadows to this proposed devel- opment. There will be two access points to this plat for good traffic ,j ! a CITY OF EAGAN PRELIMINARY PLAT, SUNSET 4TH ADDITION JANUARY 24, 1984 PAGE TWO movement. The applicant is proposing a looped street, Sunset Drive, which would provide access to all of the single family lots south of Yorktown Place. In review of the surrounding land use, there appears to be three single family residences abutting this plat on the south. Two of the residences contain approximately 5 acres and would have access from a private street at the present time, which, in the future, may be the extension of Hackmore Drive. Presently, it is not proposed to develop Hackmore Drive or upgrade Hackmore Drive with this preliminary plat be- cause the lots do have access from other streets which will be construct- ed to City standards. If approved, the preliminary plat should be subject to the following conditions: • 1) All lots shall meet the minimum R-1 zoning criteria which is 85 -foot lot width and 12,000 square feet. 2) The applicant shall dedicate all easements as requested by City staff. 3) All other City ordinances shall be met. DCR/jack ENGINEERING RECOMMENDATIONS 4) A detailed grading and erosion control plan be submitted for staff review. 5•) If utilities are to be installed privately, then the plans and • specifications shall be prepared by a registered engineer and submitted to the City for approval. 6) Right-of-way for Yorktown Place shall be extended to the east boundary line of the Sunset 1st Addition. 7) This development shall be responsible for placing the gravel base for Yorktown Place. 8) A minimum 25' half right-of-way shall be dedicated for Hack - more Drive. 9) Utility and drainage easements shall be dedicated as refer- enced in this report. 10) All future costs for public improvements shall be the sole responsibility of this proposed development. POE • • CITY OF EAGAN PRELIMINARY PLAT, SUNSET 4TH ADDITION JANUARY 24, 1984 PAGE THREE 11) The developer shall submit a petition for the street improve- ment of Yorktown Place as a condition of final plat approval. 12) Utilities shall be extended to the east line of the Sunset lst Addition. 13) Lots 6-10 of Block 1 shall be divided into a lot and outlot. RMH/jack ■m MEMO'TO: THE ADVISORY PLANNING COMMISSION, C/O DALE C. RUNKLE, CITY PLANNER FROM: RICHARD M. HEFTI, ASSISTANT CITY ENGINEER - DATE: JANUARY 16, 1984 SUBJECT: SUNSET 4TH ADDITION 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 This proposed development is located directly east of Northview Mea- dows Addition and south of County Road 30. The existing topography consists of rolling hills with the south half of this portion drain- ing to the south and the north half of this portion draining to the east. The southerly portion of this proposed development slopes rather steeply to the south with the slopes approaching 188. Slopes in the northerly portion of this proposed development range from 28 to 15%. Figure 1 illustrates the relationship of this proposed de- velopment being located partially within the J and L major drainage districts as defined by the Master Storm Sewer Plan. The proposed grading will result in a low spot being in the vicinity of Lot 9, Block 2 with all the drainage north of the proposed street being directed towards it. From here, it is directed to the east via storm sewer through the Sunset lst Addition and then to the north to a holding area just south of Pond JP -27. UTILITIES n Existing utilities of sufficient size, capacity and depth exist with- • in the proximity of this proposed development to provide service to it. Watermain for this proposed development is proposed to be looped through this development from an existing 6" watermain within York- town Place to the watermain constructed within the Sunset 1st Addi- tion. Sanitary sewer for this proposed development is proposed to be serviced by extending the sanitary sewer proposed to be construct- ed within the Sunset 1st Addition. This sewer and water should also be stubbed to the east boundary of the Sunset 1st Addition to facil- itate future utility extensions to the property to the east. If utilities are to be installed under private contract, then the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. STREETS Access to this proposed development consists of a public street named Yorktown Place located within the Northview Meadows Addition and abuts 91 ENGINEERING REPORT SUNSET 4TH ADDITION PRELIMINARY PLAT JANUARY 16,.1984 PAGE TWO the west boundary of this proposed development. It is proposed to extend Yorktown Place to the east and provide in— ternal access by way of a public looped street. The public looped street will provide for excellent traffic flow, however, staff would recommend that Yorktown Place be extended to the east boundary of Sunset lst Addition. This would provide a connection with the pro- posed north -south street within the Sunset 1st Addition and greatly improve the traffic circulation. The developer proposes to construct the internal street under pri- vate contract and petition for the City to install the curb and gut- ter.and bituminous paving for Yorktown Place. Staff has no problem with this as long as it is made a condition of the final plat for • the developer to provide the gravel base for Yorktown Place. RIGHT-OF-WAY/EASEMENTS The developer is proposing a 60' right-of-way for Yorktown Place and a 50' right-of-way for the internal street, Sunset Drive, which staff concurs with. However, staff strongly recommends extending the right- of-way for Yorktown Place from the east boundary of this preliminary plat as proposed to the east boundary of Sunset 1st Addition for rea- sons previously mentioned. Also, a minimum 25' half right-of-way shall be dedicated for Hackmore Drive along the southerly border of this proposed development. A 10' utility easement shall be dedicated adjacent to all publicly dedicated right-of-way along with a 5' drainage and utility easement being dedicated adjacent to all exterior lot lines with a 10' drain- age and utility easement being dedicated over all interior lot lines. In addition, the necessary storm sewer easements required by the pro- posed alignment across Lot 11, Block 2 of this proposed Addition and Lot 4, Block 1 of the Sunset 1st Addition will be required to be dedi- cated and/or obtained. ASSESSMENTS In reviewing the assessments levied over this proposed development which consists of Parcel 010-27 and 021-27 of the NWS of Section 25, it was found that all trunk related assessments have been levied. Subsequently, all future costs for public improvements shall be the sole responsibility of this proposed development. MISCELLANEOUS As proposed, this development will pose a problem in the.future re- garding the construction of streets and utilities within Hackmore Drive since Lots 6-10, Block 1 will have double frontages. Subse- quently, it will be difficult to assess any benefit resulting from utility and street improvements within Hackmore Drive to these lots, thereby jeopardizing the financing of any such projects. Therefore, 9D'_ ENGINEERING REPORT SUNSET 4TH ADDITION PRELIMINARY PLAT JANUARY 16, 1984 PAGE THREE staff would recommend that Lots 6-10, Block 1 be subdivided each into two lots with the additional lot being labeled an outlot. This would provide the owner of a lot ownership and control over the outlot should it elect to be included with this purchase and also allow the City to assess the benefits resulting from the improvements of Hack - more Drive. An alternate to this would be for the developer to provide an escrow account for the costs of improving Hackmore Drive which may be drawn against upon the improvement of Hackmore Drive. Finally, a last al- ternative is to leave the plat as proposed thereby encumbering the City's trunk funds for future improvements within Hackmore Drive. I will be available to discuss any aspect of this report with the Ad- visory Planning Commission at their meeting of January 24, 1984. Respectfully submitted, Richard M. Hefti, P.E. Assistant City Engineer RMH/jach OI3 0 ?- J - 32 / - /C J-3 23 - . ti / J-67 I� / I J-48 tl J-4 5 0l ,, I i J 0cr I I W J-51 J-52 0 rte. Z . 'Abject L-21 L-36 J-35 .0000 J -362, \ --38 I J-46\\ P-(27 f> J-47 el II L-25\', �23~�- \ L-31 �D L-32/ /' i \\r 5 y e rr ..•° a rP e pGK e a s 10 ue V.r\.rr0e i 0 SITE DATA TRI -LAND inc. •... I ` 9 . G y 0`O PRELIMINARY PLAT: SUNSET 4TH ADDITION 1 2 3' .e •° i' �� uourrr• YORKPLACE ST. n. \., •. .• u n .e- re• .. t t \„ .Y \4 a •uw.an .O .•�'° .1°,...\` \' oo.. 18 13 12 71 13 75 14 ,eeeu. n.a • n,aauau. ' e . 2 .°°'0• as u u u to •. i 2 ° .. •. .. ,Zor as .n BUO _\.. 10 .r •• U,Oe4a.L as or ' r OR. ' 11 4 ~ SUNSET a ,•. ..a ° ..000.ar4 � •e .• rr\ n• •e H u.ru rtm i \\r 5 y e rr ..•° a rP e pGK e a s 10 ue V.r\.rr0e i 0 SITE DATA TRI -LAND inc. •... I N 35/4FE0 FI PRELIMINARY PLAT: SUNSET 4TH ADDITION \, 3 10 mac: 1 `u IT N'�/2'-'O.) It:] m N.890 \� N TH Lin E 1512 F 1jSIE N 1 19T= 13 "•�� 1.12 �,'` O ��� /� H NH 4 SEC 2 %U -N- i, 969 9 LA RADING AND DRAINAGE PLAN �70, i� - I wereue .o.e un•nen 9ii '9 23 • TYL �/ 0' r Os 0 6 / 9 S' •F \ l� for 3 0, -OG 1 2 3 t 1. 1 2 J 3 3 4 I 4 5 s 7 PRELIMINARY PLAT: SUNSET 4TH ADDITION 19 15 14 13 12 11 :. 13 0 10. 12 7 8 9 B 5 J ..� •"� UTILITY PLAN 1GK 1 8 9 1 10 --..?\, ter- _ ____z_ -. 4..._ . _._______ • .. - .._ _ � � ,. .- d RBGB GOLF a W. In L-CfAMERCIAL �- n.r•,3f"•'�::: PLANNED CEVEIOPNtENT-: /�'.-I� - --_-jam --''R-� `U. •. _. 'Ind_ / - = -!l:: _'Y=„•a .a --- Intl .... ..•, -`� •r -!i ilii �P •'-..'`_'--_'_ .. • J:-LB _Ind. _ I RAS GB •,R -I R .. ut, _ R-1 w LB = % . •. B7 R-1 R -II ; :.mu�tyn I. P a r •quer 1}—� P Wrpt• tw� naw R II Ra P jtii I I .f - R -II `IT I .--POSEMJUNT -/' .i +:cvL�f 06 " SUBJ CT PARCEL 'F I 'F cr �q n Acn Q. I� Z z PD W �. 74-1 (r 0 .J • y` A i — -�- - -- - -- KwOTOD i�,_ A 1 Iq tea. i 14 -- A C. S. A. H x 30 AUDITOR'S SUBD. NO. a2 R-1 R-1 OVER J� //q A .J • y` APC Minutes January 24, 1984 \ 5. The plat shall be subject to the Dakota County Plat Com ssion's revie and comment because it abuts County Road right-of-way. 6. detailed grading, drainage and erosion control p n must be sub- mitted for roval depicting the proposed measures to st ilize side slopes and disturbed eas. 7. A storm wer detention ponding system skill be constructed in the NE 1/4 of this proposbq development. 8. Adequate utilit Xstreet shall provided over the water main hydrant lead extensions. • 9. This development ponsible for its residential street equivalent assessment for tt of front footage adjacent Pilot Knob Road to cover future upgradal escrow amount shall be determined utilizing 125% of the residet uivalent rate for multiple dwell- ings subject to reconsidedifica on or elimination by the City Council at the time of finaoval. 10. That the gar41¢es on the east end of th West building shall be realligned to allow grAater emergency vehicle turning a a. All voted i favor, except Hall who opposed the prbvision regarding escrowing Hinds or future Pilot Knob Road upgrading and state that the City has not requi d that in the past. Mulrooney then moved, Hall econded the motion to re ,est the staff undertake a study concerning the pro iety and procedures of advanced collections for potential assessments for pu is im- • proveme s, including street improvements prior to the improvements eing insta ed and that the staff report its findings to the City Council. All voted in favor. SUNSET 4TH ADDITION - PRELIIQHARY PLAT The application of Tri -Land Company and Bradley Swenson for preliminary plat approval of Sunset 4th Addition, consisting of approximately 15.16 acres with 32 single family lots in part of the Northwest quarter of the Northwest quarter of Section 25 south of Diffley Road, west of Saddlehorn Addition and north of Hackmore Drive was next heard. Dale Runkle introduced the project and noted the parcel is zoned Planned Development and is a part of Lexington South PD. The proposed land use is R -II with a density of 3 to 6 units per acre and the overall plat density would contain 2.2 dwelling units per acre. The minimum guidelines under R-1 zoning will be met in the proposal and it was noted the applicant is proposing a looped street, Sunset Drive, which would provide access to all of the single family lots south of Yorktown Place. Brad /00 9 APC Minutes January 24, 1984 Swenson and Jim Curry appeared for the applicant. Mr. Swenson explained the slope features and heavy tree cover on the south and stated there is little chance of the southerly portion of the lots being developed because of the slope. There are smaller lots to the north and larger residential lots to the south and it was suggested that the lot sizes make a reasonable transition. He stated that neighborhood meetings have been held and no objections have been received, in fact, neighbors generally approved the project. The owner of the property to the east appeared and supported the proposal as well as other property owners who were in support of the project. There was discussion concerning the proposal of the engineering staff to provide that the southerly lots be divided, including outlots on the south side of each lot to allow future development, also assessments for the possible extension of Hackmore Drive in the future. Member Krob stated that the Planning Commission and • Council must listen to the staff recommendations and not only look at the immediate development but the long-term city responsibility, but also was aware of the transition from smaller to larger lots to the south. Mr. Sauter, an owner to the south, was present and stated that he may need access to Hackmore Drive extended if his land is subdivided. Wilkins moved, McCrea seconded the motion to recommend approval of the application subject to the following conditions: 1. All lots shall meet the minimum R-1 zoning criteria which is 85 -foot lot width and 12,000 square feet. 2. The applicant shall dedicate all easements as requested by City staff. 3. All other City ordinances shall be met. 4. A detailed grading and erosion control plan shall be submitted for • staff review. 5. If utilities are to be installed privately, then the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. 6. Right-of-way for Yorktown Place shall be extended to the east boun- dary line of the Sunset 1st Addition. 7. This development shall be responsible for placing the gravel base for Yorktown Place. 8. A minimum 25 foot half'right-of-way shall be dedicated for Hackmore Drive. 9. Utility and drainage easements shall be dedicated as referenced in this report. APC Minutes January 24, 1984 10. All future costs for public improvements shall be the sole respon- sibility of this proposed development. 11. The developer shall submit a petition for the street improvement of Yorktown Place as a condition of final plat approval. 12. Utilities shall be extended to the east line of Sunset 1st Addition. All voted in favor -except member Krob who voted no, indicating that he felt that the southern lots should be subdivided as recommended. • SUNSET 5TH ADDITION - PR®JIKINARY PLAT The application of Joseph Hoffman for preliminary plat approv1 of Sunset 5th Addition consisting of approximately one acre containing two Ingle family lots located vn the west side of Dodd Road, immediately nort of Saddlehorn Addition was ne heard. Dale Runkle detailed the applica on and the City Public Works Depar nit recommended that an overall plan or the land to the west be submitted to ovide for access to that parcel, ich otherwise could be cut off except Dodd R d to the north and west. Th a were no objections to the application and the eveloper indicated that a would be willing to dedicate 25 feet along the rth line for street ccess purposes, but re- quested that no street assessme s be levied on t property for that street. The developer also asked, becau of time co traints, that the Planning Commission recommend approval sub to the d ermination of the location of a street in the future. Mulrooney mov Kro seconded the motion to continue • the motion to the next regular meeting d nstructed the developer and the staff to work toward a resolution of the cess problem from the land to the west. All voted in favor. ORDINANCE Chairman Hall stated that pf informal discussion cf the proposed Shore - land Ordinance No. 77 will tao place at the next regulAv, Planning Commission meeting with a formal hear�M concerning the ordinance a the regular March 1984 meeting. KNOLL - PRELIMINARY PLAT The staff i icated that attempts have been made to contact the eveloper of,the propose Pheasant Knoll plat with no success. McCrea moved, M rooney seconded the otion to eliminate the application from the agenda and i the event the veloper wishes to reappear, that a new application be submitted. All voted n favor. X02 rebruary 12, 1984 aagan koity Council Hasan ;ity call ..agan, ::innesota Lear Eagan Cit., Council, my :rife and I will not ce a:le _c attend the February 21 Cit;; council :eeting. :!e u..derstcnd the preliminary plat for Sunset Lour addition will be on the agenda and ::ince this development adjoins our north pro arty line we ::ant cu to !:no•..* our vie.:c. As ::e t -,-'d ti:e City Plunnin,,- Cc _rlscior., next to no development rias Plan ..as `.he best '..e've seen. �'rcm our noint of vi::v: t::e • lar.,e size lotc on _;:c south are the n:oct attractive feature and are critic--! for au_ : ;ort .. J .his cevelcp...ent. Thic _cat:u•c _ ,cakes a perfect transit_c.n bct,:een the lot: dcnsit;; to ^e south and the I,!Z;,her density housing in the north -;art of :l:c develop::ent. In adeition it ;;rozerves the trees -.r.d t}:e ru. od terrain of He arca that attracted us tc ti:is area thirteen years a -o. -;e asI: that you do not ccanC.e the J_atus of t::cse lar,.cr lots and ag_rrove the plan in the carie n:anner as '.he 2la:=a n- ao-:aissicn. Shan. you very _uch. sincerely, Betty and Jerry Sauter 750 Backa:::ore Drivc 454-7754 l� 103 • MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: FEBRUARY 17, 1984 SUBJECT: PRELIMINARY PLAT - SUNSET 4TH ADDITION During the staff review of this proposed subdivision, the Engineer- ing Division recommended (R13) that Lots 6-10 of Block 1 be divided into outlots fronting onto Hackmore Drive to eliminate the proposed double frontage of these lots. This recommendation was omitted from the approval granted by the Planning Commission with no sug- gested alternative to future problems associated with financing the upgrading of Hackmore Drive. The attached map shows the location of the proposed Sunset 4th • Addition to the dedicated right-of-way of Hackmore Drive. If the Sunset 4th Addition does not wish to have lots fronting on to Hack - more' Drive and subsequently retain the larger -sized lots, then I would strongly recommend that the Council make it a condition of this plat approval to pay a residential equivalent assessment to the City which could be applied to any future costs associated with the installation of streets and utilities when Hackmore Drive is upgraded and connected to the recently completed street within the Northview Meadows subdivision. If this financial obligation is not a requirement of the final plat, it will become the City's financial responsibility to pay for one-half of the costs associated with the upgrading of streets and utilities within Hackmore Drive when it occurs in the future. This is due to the fact that we will be limited in the amount of • the costs that can be assessed on the property on the south side to the benefit received from those improvements. Therefore, I strongly recommend that the Council require this future obligation of the subdivision to be paid now to cover the City's future finan- cial responsibilities. As an alternative, these lots could be split with adequate frontage and :square footage taking direct access from future streets and utilities from Hackmore Drive. However, if this alternative is approved, it would require the upgrading of Hackmore Drive at the present time to provide these newly -created lots with standard streets and utilities.. I would like to discuss the concerns of the Public Works Department with the City Council in relationship to the elimination of the recommendation as approved by the Planning Commission in hopes that a satisfactory alternative can be agreed upon. Respectfully submitted, a (Z oms Director of Public Works O n T 9o- Agenda Information Memo February 21, 1984 City Council Meeting Page Fourteen BURNSVILLE/EAGAN CABLE COMMISSION UPDATE A. Burnsville/Eagan Cable Commission Update -- Since the Burns- ville/Eagan Cable Commission has now completed four (4) regular meetings in addition to considerable committee work, it seemed appropriate to place this item on the agenda and allow City Council - member Smith, who is Chairman of the Joint Commission, and City Administrator Hedges to update the City Council on progress the Commission is making to date. The City Council may want to review minutes that have been provided with the last informative memo to determine whether they have any questions that might be of interest to the City Council for discussion purposes. The City Administrator will provide a brief status report previous to any • discussion. /6 S Agenda Information Memo February 21, 1984 City Council Meeting Page Fifteen MNDOT COST PARTICIPATION AGREEMENT #61824 (I-494) B. Approve MnDot Cost Participation Agreement #61824 (I -494) - As discussed under the public hearing for Project 349, the progres- sion of I-494 to the east with its interchange with T.H. 149 results in a relocation and upgrading of east and west Blue Gentian Road to City standards. Due to the fact that these local streets require cost participation from the City to accomplish this upgrading to City standards, it is necessary for the City to enter into a cost participation agreement with MnDot. The City's obligations under this MnDot agreement have been reviewed in detail by the Public Works Director and consulting engineer and found them to be in accordance with standard policies for joint construction and cost participation. The City's obligations associated with this cost • participation agreement have been taken into consideration and addressed as a part of the feasibility report for Project 349. Therefore, if the public hearing for Project 349 is closed and the improvements ordered for installation earlier in the agenda, it would be in order for the Council to approve this cost participa- tion agreement providing for the City's financial obligation associated with those improvements. ACTION TO BE CONSIDERED ON THIS ITEM: To pass/deny a resolution approving Cost Participation Agreement #61824 authorizing the Mayor and City Clerk to execute all related agreements and documents providing for financial obligation of the City associated with the upgrading of east and west Blue Gentian Roads as a part of I-494. • 166 Agenda Information Memo February 21, 1984 City Council Meeting Page Sixteen MNDOT COST PARTICIPATION AGREEMENT #61932 (I -35E C. Approve MnDot Cost Participation Agreement #61932 (I -35E) -- As it was discussed under Project 372 during the public hearing earlier in the agenda, there are several street and utility improvements associated with the progression of I -35E that become the City's financial obligation. Subsequently, a cost participation agreement has been prepared by MnDot delineating the City's financial responsibilities associated with the upgrading of these local improvements to City standards. This agreement has been reviewed in detail by the Public works Director and consulting engineer and the financial responsibility delineation has been found to be in accordance with present • policies for cooperative joint construction and cost participations. All the improvements delineated in Project 372 presented under the public hearing earlier on the agenda have been taken into consideration in this agreement as it pertains to the City's responsibilities. If the public hearing for Project 372 is closed and the project approved as presented, it would be in order for the Council to approve this cost participation agreement so that this work can be performed cooperatively under a MnDot contract. ACTION TO BE CONSIDERED ON THIS ITEM: To pass/deny a resolution approving MnDot Cost Participation Agreement #61932 and authorizing the Mayor and City Clerk to execute all related documents and agreements. • MNDOT COST PARTICIPATION AGREEMENT #61933 D. Approve Dakota County Cost Participation Agreement (MnDot Agreement #61933 - Diffley Road and Pilot Knob Road -- As a part of the I -35E progression through the City of Eagan, certain improvements will be performed cooperatively under a MnDot contract for the upgrading of County 30 (Diffley Road) and County Road 31 (Pilot Knob Road). MnDot Agreement #61933 is a cost participa- tion agreement between the State and the County due to the juris- dictional authority of the county roads being approved under a state contract. However, present City policy requires that any improvements to county roads be the joint responsibility of the County and the benefitted municipality on a 55/45 split of costs for all road improvements and related appyrtenances. Therefore, the County has prepared a cost participation agreement between the County and the City delineating the City's share of the costs associated with the County's responsibility as a part of MnDot's cost participation agreement. '677 Agenda Information Memo February 21, 1984 City Council Meeting Page Seventeen All proposed improvements associated with this cost participation agreement with the County have been taken into consideration and included in the feasibility report for Project 372 presented earlier on the agenda under public hearings. The Public works Director and consulting engineer have reviewed this cost participa- tion agreement in detail and found it to be in conformance with present policies of delineation of financial obligations between jurisdictional agencies for related improvements. Therefore, if the public hearing is closed and Project 372 ap- proved earlier on the agenda under the public hearing items, it would be appropriate for the Council to approve this cost participation agreement between the City and the County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Dakota County • Cost Participation Agreement relating to MnDot Agreement #61933 for the upgrading of Diffley Road and Pilot Knob Road associated with I -35E and authorize the Mayor and City Clerk to execute all related documents. 0 I�� Agenda Information Memo February 21, 1984 City Council Meeting Page Eighteen CONTRACT 84-1/LONE OAK ROAD-T.H. 55 WATERMAIN E. Contract 84-1, Receive Bids/Award Contract (Lone Oak Road/T.H. 55 - Watermain) -- On November 15, 1983, the public hearing was held and a project approved which consisted of three parts: Part 1: Construction of trunk watermain along the west side of T.H. 55/149 through the intersection of Lone Oak Road and westerly extension within Lone Oak Road from this intersection due to pending intersection improvements by MnDot during 1984. The segment of trunk watermain from Lone Oak Road southerly to the extension of Apollo Drive was bid at a 24" -diameter • with an alternate bid requested for a 20" -diameter trunk watermain for this segment. The City's consult- ing engineer and Public Works Director will be evalu- ating the cost benefit of reducing this watermain size and will have the information available to the Council for consideration of the alternate bid at the meeting on February 21. Part 2: This consisted of relocation of hydrants and lowering/ insulating the existing watermain and relocating fire hydrants along the west side of T.H. 149 by General Coatings Inc. in anticipation of the future frontage road to be constructed by MnDot during 1984. Part 3: This involves the westerly extension of trunk water - main facilities from Pilot Knob Road, at its inter- section with Duckwood Drive, in anticipation of the future upgrading by MnDot during 1984. This work was not originally contained in the feasibility report as it was anticipated to be performed under a MnDot contract. Regardless, this work will be the full responsibility of the trunk watermain with no related assessments. As such, it was not necessary to have it included in the original feasibility report. However, because MnDot could not incorporate it in their construction plans in a timely fashion, it was determined to be in the City's best interest to add this trunk related work under this contract for bidding purposes. Enclosed on page10 is a tabulation of the bids received at the official bid opening held on February 16. Due to the necessity of this project and the favorable bids received, the staff is recom- mending that the Council receive the bids and award the contract M Agenda Information Memo February 21, 1.984 City Council Meeting Page Nineteen to the lowest responsible bidder, W & G Rehbein Bros., Inc. Veri- ification of the bid amounts will be reviewed and discussed with the City Council along with the staff's recommendation for consider- ation of accepting the alternate bids submitted. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the -bids for Contract 84-1 and award the contract to the lowest responsible bidder. • • 110 116 PART I Our Pile No. 49290 TOTALS LONG OAK ROAD AND TII NO. 55 $130,200 $19,000.00 TRUNK WATt.I(MAIN (F.R.)$124,660.00 $10,760.00 PROJI•:CT NO. 391 135,420.00 LOW BID EAGAN, M1NNESUT.; 22,075.52 146,388.51 CONTRACT 84-1 112,010.12 111D TIhIE: lit:3U A.?:., C.S.T. F.R. (-) 4.76% (-)48.07% 111D DATc: Tigursday, hvt-. It,, 19214 . ALTERNATE CONTRACTORS TOTAL BASE BID ALTERNATE 1) W & G Rehbein Bros. $146,388.51 $139,673.01 2) Encon Utilities, Inc. 149,966.10 143,306.10 3) Hydrocon, Inc. 152,899.00 146,794.00 • 4) Robert W. Moore 153,443.00 147,338.00 5) Hayes Constructors 154,990.25 150,550.25 6) H.B.H. Construction Co. 154,998.25 148,338.25 7) Dawson Construction Inc. 155,247.00 148,587.00 8) S. M. Hentges & Sons 155,252.54 150,812.54 9) Austin P. Keller Construction 155,574.00 150,024.00 10) Crossings Inc. 157,364.20 149,927.20 11) 0 & P Contracting 159,637.76 151,767.86 12) Northdale Construction Co. 203,028.50 196,368.50 13) S. J. Louis Construction Co. NO BID NO BID 14) Erwin Montgomery Construction NO BID NO BID 116 PART I PART II PART III TOTALS ENGINEER'S ESTIMATE $130,200 $19,000.00 $149,200.00- 149,200.00•FEASIBILITY REPORT FEASIBILITY-REPORT (F.R.)$124,660.00 $10,760.00 NA 135,420.00 LOW BID 118,725.62 5,587.37 22,075.52 146,388.51 ALTERNATE 112,010.12 139,673.01 % OVER(+)/UNDER(-) F.R. (-) 4.76% (-)48.07% NA NA ALTERNATE (-)10.15$ NA 116 Agenda Information Memo February 21, 1984 City Council Meeting Page Twenty CONTRACT 84-3/ALMQUIST LAKE LIFT STATION F. Contract 84-3, Approve Plans/Authorize Advertisement for Bids (Almquist Lake Lift Station) -- On January 17 a public hearing was held for Project 393 providing for the installation of a trunk storm sewer outlet for Almquist Lake. The public hearing was closed and the project subsequently approved with authorization being given for the preparation of detailed plans and specifications. These plans have now been completed and are being presented to the Council for their review, approval and authorization to advertise for a bid opening. The consulting engineer and Public Works Director will be available to discuss the details of these plans with the Council at the meeting on • February 21. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the plans and specifications for Contract 84-3 (Almquist Lake Lift Station) and, if approved, authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 15, 1984. CONTRACT 82-7/CINNAMON RIDGE 3RD ADDITION G. Contract 82-7, Final Payment/Acceptance - Cinnamon Ridge 3rd Addition (Streets 8 Utilities) -- We have received a request for final payment for Contract 82-7 from our consulting engineering firm along with a certification of compliance with the approved plans and specifications which provided for the installation of streets and utilities to service the Cinnamon Ridge 3rd Addition. Taking into consideration the two change orders that modified the original contract amount, the final construction costs came • in 2.58 below the original contract amount due to minor miscel- laneous quantity underruns. All cost associated with this project will be assessed against the development. All final inspections have been witnessed and verified by represen- tatives of the Public Works Department and it is now being recom- mended that this project be formally accepted for perpetual maintenance and that final payment be authorized to contractor. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the seventh and final payment of $25,707.03 to Austin P. Keller Construction Company for Contract 82-7 and accept the project for perpetual maintenance. Agenda Information Memo February 21, 1984 City Council Meeting Page Twenty -One 1984 SEWER 8 WATER UTILITY USER RATES H. Consideration of Sewer 8 Water Utility User Rates for 1984 As is customary on an annual basis, the Public Works Director had the consulting engineering firm of Bonestroo, Rosene, Anderlik and Associates, Inc. perform a study pertaining to sewer and water utility user rates in relationship to expenses and required revenue to maintain and provide sewer and water service for the City. A review of the approved 1984 utility budget, combined with antici- pated sales during 1984, resulted in this report conclusion and recommendation that the sewer and water user rates not be increased for 1984. A copy of this report is being forwarded to the Council under separate cover for their review, comment and reference during consideration of this item. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the 1984 report on sewer and water utility user rate study and approve/deny the recommendation for no increase in rates during 1984. TRUNK -RELATED ASSESSMENT RATES - 1984 I. Consideration of Trunk -Related Assessment Rates for 1984 -- In the past, the Public Work Director has had the consulting engi- neering firm of Bonestroo, Rosene, Anderlik and Associates, Inc., review the construction costs associated with completing our trunk systems (sanitary sewer, water, storm sewer, and major streets) and recommend appropriate rates to maintain the solvency of these funds through the levying of trunk -related assessments (area, lateral benefit, road user connection fees, street equivalent assessments, etc.). In the past, this information was included as an appendix to the annual sewer and water utility rate study. However, the Director of Public Works felt that this information should be expanded and addressed through a separate report for separate action by the Council. Therefore, forward to the Council under separate cover is a copy of this report for their review, comments and reference during consideration of this item on February 21. The results of this report indicate that the trunk -related assessments should be increased by an average of 5.08. It also established definitive rates for a zoned -equivalent rate (residential, multiple, com- mercial/industrial) to be used during the upgrading of major streets. The Public Works Director and consultant engineer will be available to discuss this report in detail with the Council as they desire on February 21. ��a • • Agenda Information Memo February 21, 1984 City Council Meeting Page Twenty -Two ACTION TO BE CONSIDERED ON THIS ITEM: To receive the report and approve/deny/modify the trunk -assessment rates for 1984. s/Thomas L. Hedges City Administrator • TLH/hnd/kf I 1 U X13 • • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 17, 1984 SUBJECT: INFORMATIVE COMMUNITY ROOM The City has prepared a rather lengthy procedure for the use of the Community Room located at the Fire Administration Building. Scheduling the Community Room will be a function of Parks and Recreation and if the City Council is interested in reviewing the policy for use of the Community Room, please request and a copy will be distributed for review. It is anticipated that the Com- munity Room will be available within a month. MUNICIPAL LEGISLATIVE COMMISSION UPDATE Enclosed is a letter from Larkin, Hoffman, Daly and Lindgren law firm that provides a summary of the representation agreement they have entered into with the 14 cities. This letter provides a brief analysis of how the law firm will work with the 14 cities and I thought would be of interest to the City Council. The City Admin- istrator is attending an all -day meeting on Friday, February 17, along with City Administrators from the other 13 cities to work on position papers with the lobbyist. The next regular meeting of the joint commission is at 5:30 p.m. on Thursday, February 23, in the City of Roseville. Mayor Blomquist and the City Admin- istrator, as the City's two delegates, will be attending. A copy of the letter is found on pages 11 through 120 . INDEPENDENT SCHOOL DISTRICT @196/EAGAN HIGH SCHOOL ISSUE The City Administrator and Mayor Blomquist attended a school board meeting that was held on Monday, February 13, 1984. Needless to say, the meeting lasted from 7:30 p.m. to 12:30 p.m. with Eagan residents attempting to endure a long wait from 7:30 until 10:30 when the school facilities item was considered. Mayor Blomquist and the City Administrator will discuss in more detail what trans- pired at the school board meeting in a future workshop session. Enclosed is a copy of a letter and to the school board the night of will more than likely be suggesting by the City Council as a matter of letter and resolution are enclosed on 11 resolution that was submitted the meeting. Mayor Blomquist that this resolution be adopted formal record. A copy of the pages 12.% through 12 4 . SPERRY SEMI -CONDUCTOR OPERATIONS NOISE PROBLEM The City Administrator has met with the noise analyst from MPCA and as directed by the City Council, noise monitoring will occur 114 INFORMATIVE MEMO February 17, 1984 Page 2 before and after equipment is installed at the Sperry Semi - Conductor facility. The City Attorney's office has been notified of the action that was taken at the last City Council meeting con- cerning legal direction if Sperry does not satisfy the noise problems that are being alleged by the Timberline Addition. A copy of a letter to Mr. Gustin and Mr. Nikolai from the City Admin- istrator is enclosed on page�a Also enclosed are copies of letters from Mr. Nikolai to David Kelso of MPCA and the Senior Vice -President of the Sperry Semi -Conductor operations, Mr. David Turcotte. These letters are enclosed on pages 12 % through 13 O Mr. Giblin and Mr. Nikolai have, since the last City Council meeting, filed criminal complaints with the Police Department asking that the noise problem be prosecuted as a public nuisance. The complaint is being reviewed by the City Attorney. RACE TRACK • Enclosed on page S 1) is a copy of a letter received from the City of Mendota Heights and also an pagej3 Z is a copy of a letter received from the City of Sunfish La ereggarding their positions on the proposed horse racing facility site in the City of Eagan. This week, a statement was made by Ray Glumack on WCCO that would appear to the average listener that MAC had problems with the horse racing facility being located under the preferential runway in the City of Eagan. The statement about the race track came to the attention of the City's applicant, Minnesota Jockey Club, Inc., and in an effort to clarify Mr. Glumack's statement a meeting was held on Wednesday, February 15 in Mr. Glumack's office. The City of Eagan was asked by Mr. Pflaum for representation at the meeting and the City Administrator contacted City Councilmember Egan who joined the Administrator at the meeting. To reduce an hour and a half of dialogue to a few sentences is difficult but the main • outcome of the discussion was that Mr. Glumack made it extremely clear that he is not an adversary of the Eagan horse racing site or any site for that matter and was merely addressing a question as to how the airport would regard any kind of land use that might threaten continued alignment designation of the preferential runway. Mr. Glumack responded by stating that the Metropolitan Airports Commission would be very concerned about any use that would cause any jeopardy to the preferential runway. The Minnesota Jockey Club, Inc. presented a three-page easement that guarantees the Metropolitan Airports Commission that they will provide permanent air rights for the preferential runway over their horse racing facility dismissing any public speculation that noise is a problem for the horse track. It was made extremely clear by Mr. Glumack that the MAC is not concerned about noise being a factor for the horse track; any noise concern for the horse track is a private matter with the investors. This matter was cleared up and the easement will be filed with the application. Since the recent I(S INFORMATIVE MEMO February 17, 1984 Page 3 city council meeting held on February 7, 1984, in the City of Mendota Heights has brought considerable news attention to the race track located in the City of Eagan, I felt copies of articles regarding that meeting might be of interest to the City Council. Enclosed on pages 13 1through 1'� are a cumber of copies of articles that have appeared in —4ocaal`newpapers. Also enclosed on pagess�4-J4Sis a copy of a letter from the Inver Grove Heights Development Corporation informing Mayor Blomquist that their corpor- ation has endorsed the Eagan site and further that they're request- ing a similar endorsement from mayors of cities in Dakota County. WORKSHOP The City Administrator is suggesting that the City Council have a workshop session to address a number of miscellaneous items, one of which should be a meeting with the History Committee. A • suggested date for that meeting is February 28 if the date is acceptable to everyone's calendar. A formal agenda would be prepared for the special workshop/City Council meeting; however, it is anti- cipated there would be no formal action taken. PROJECT 349, BLUE GENTIAN ROAD (Streets & Storm Sewer Improvements) City Financing -- On page 5 of the feasibility report for Project 349, the revenue sources to finance this project are delineated in relationship to project cost and revenue receipt from assessments. You will note that the resulting balance indi- cates $178,544 will be the responsibility of "City and State" funds. The report was prepared this way to show that the assessment revenue as proposed under this project was not sufficient to cover the cost of the improvements being performed. • However, through a cost participation agreement with MnDot, the State will be participating in a portion of these construction costs. Therefore, enclosed on pages( - is a subsequent summary of revenue sources that was performed to show the relationship of the MnDot cost participation in relationship to the project cost and assessment revenue. As can be seen from this subsequent summary, due to the significant cost participation on behalf of MnDot combined with the proposed assessment revenues, this results in a positive balance of $132,385 to the City's trunk storm sewer fund and $260,861 to the City's major street fund. This subsequent information is being forwarded to the Council to show that the significant negative balance on page 5 of the feasi- bility report does not imply that the City will be incurring a financial burden to our trunk funds if this project is approved. It also provides additional information to the Council in considera- tion of any special assessment consideration requests that have been received. 116 INFORMATIVE MEMO February 17, 1984 Page -4 Project 372, I -35E (Utility s Street Improvements) -- Financial Revenue Review The feasibility report that was prepared for Project 372 provided a revenue source breakdown on pages 47 and 48 to show the relation- ship between the cost of the project for various improvements, the assessment revenue that would be generated from this project and the resulting balance that would be the responsibility of "City & State" funds. This resulting total balance indicated a negative $846,767 deficit that would have to be financed through these city/ state funds. This information was presented this way to show that the revenue being generated from assessments was less than the cost of the overall project. However, through a cost participation agreement with MnDOT, the • state and the county will be participating in some of these finan- cial liabilities. Therefore, enclosed on pages /+0) through-() is a subsequent summary sheet of revenue sources which shows t -e balance after taking into consideration the financial participation of the state and the county. This summary sheet shows the actual financial obligation of the City's trunk funds which range from a negative balance of $103,930 to the trunk watermain fund to a #285,174 positive balance to the major street fund if all assess- ments are levied as proposed under this project. It was felt that this information would be beneficial to the Council in helping to determine the benefit of this project in relationship to the or- dering of this improvement. The Public Works Director and Consulting Engineer can discuss this financial analysis in further detail at the Council meeting if de- • sired by the Council. s/Thomas L. Hedges City Administrator TLH/hnd I►i LJ F wo D[w,L Ho•IX.N JADw r.-DALr e. AHO.CM,'nwN oL.IXNMISC. LL 1L+ AND..5 0 N OC..1O A".1D-.111u ALLAH [. NVLLIO.N J^MCS Roo[+r J. r[XN[aacr RON.L O.R.FLC c .KSOM CC -..D J..P.SCOu r[a w LCT JOHN . c�UOn 0. 010 C w ANTHONY lo.. O.[ LLC+.PCN .06C D. /u LLM[P ...... C. .. Sol,, CY ::CHA::CHA1 OO RD A. H0.00NLCP .0..PD A. NOROev[ CH..IC T .-1 . LL JP. Cn.PLC! S. rOO[LL R rOwr[R J. OI[.S[N o1C.. '%., .-0.0 r.[o NMo l.N.. 51C...M1... 1. 1 .1-1O X rca r. {MSC+ o. P6CN00 1 T THOMAS N /I!r[P o N.e P, erovr.N ]rcNCN .. LcvIN February 8, 1984 LIRKIN, HOFF?IJ\\, D,%i.y & LINDOREN, LTD. ATTORNEYS AT LAW ISOO NORTHWESTERN FINANCIAL CENTER 7000 XERXES AVENUE SOUTH MINNEAPOLIS. MINNESOTA SSe31 TELEPHONE 18121 835-3000 TELECOPIER NO.16121 835-S102 IJOO FIRST DANK PLACE WE5T FEDERAL PRACTICE PARTNERSHIP 120 SOUTH SIATN STREET MINNEAPOLIS. MINNESOr. 55.02 TELEPHONE 16121336-6610 Mr. James Lacina, Secretary/Treasurer Municipal Legislative Commission City of Woodbury Municipal Building 2100 Radio Drive Woodbury, Minnesota 55125 Dear Jim: LARKIN. MCCARTMY, NOEL 6 FALK SUITE u1O 1301 PENNSYLVANIA. N, W. WASHINGTON. 0G 20004 TELEPHONE 12021131-1000 P[rcP +. eccn A. ..v J [.. ON . [we . a. ..ROVLICa Hors 1. I. r.c+cwzlc IOw w[]T O. NOwLIM rrce P.OwNH cHA[L c. J¢. AN D�v [, CVwNN N H.eL A.O V.NLAN .. Tor[ N c Teoo L /w[c MAN lose [. OORLIN JoacPH r..wecN .NOw[w A rI 11. MOCL. JOHN .. COiTL NL[[N M. O.T[p .Noa.a o. M..00NALo IAN.' L HOLT pw Ae LCT H. L .... A. ... T.1.0 A. ROYNWCIL[P 10. R. LA V Cw an LwwlLL OMAN +uw[TICN V L D. AL ... CTT SVs.N A. OVwM1pHT .U..H C. a.PN.s ALAN L..•Leew r[p A. prL AN HAD— M, wILI—SON O•COVHSCL lose.. 0.1.2 L.NN J. I.A[ITON[ I would like to take this opportunity to set forth a Representation Agreement as indicated in a letter you received from Jim Erickson dated February 1, 1984. That letter also contained our initial retainer invoice in the amount of $7,500. Larkin, Hoffman, Daly 5 Lindgren, Ltd., is pleased and honored to undertake representation of the Municipal Legislative Commission (MLC) as special legislative and administrative counsel through June 30, 1984. As you know, the firm has recently commenced work on this undertaking following actions by the Municipal Legislative Commission in late January and early February selecting the firm as special legislative and administrative counsel. The firm will undertake to represent the Municipal Legislative Commission on issues of concern to members of the Municipal Legislative Commission. It is anticipated that the firm will work with several different public bodies with jurisdiction to consider these issues, including the legislature, state government agencies, the Governor's office, the Metropolitan Council and its related metropolitan agencies, and the newly -formed Minnesota Tax Study Commission. Robert G. Renner, Jr., and I have been assigned as attorneys with primary responsibility for this matter. We will call upon the services of other attorneys in the firm who may have expertise or knowledge useful in successfully resolving a particular issue. 119 L.ARHIN, HOFFMAN. DALY & L.INDGRF,N, LTD. Mr. James Lacina February 8, 1984 Page Two At this time, we anticipate that Robert L. Hoffman, James C. Erickson, and Forrest D. (Dick) Nowlin will be actively involved. It is quite likely that other attorneys in the firm will also be involved in this representation. Ms. Deborah J. Grant, a legal assistant, will work closely with the attorneys assigned to this file. The firm will undertake to monitor the activities of state and metropolitan governmental bodies. The firm will act as the spokesman for the Municipal Legislative Commission and its members before state and regional governmental agencies on issues of concern. We will undertake to have adopted the policies and legislation consistent with the goals of the Municipal Legislative Commission. The firm • will provide regular updates, through written reports and meetings, regarding issues of concern to the Municipal Legislative Commission. We will coordinate the presentation of information, testimony, and proposals to various governmental bodies and work closely with members of the Municipal Legislative Commission to develop the information and policies to be presented to the governmental bodies. Other services rendered will include legal analysis and drafting, attendance at meetings of the legislature and other governmental bodies, conferences with legislators, members of the metropolitan agencies, staff, and other appropriate officials. Miscellaneous services will, include telephone conferences, research, and review of documents and policy papers. The Lawyers' Professional Responsibility Board encourages attorneys to fully explain fee arrangements and the scope of representation in order to avoid misunderstandings. Therefore, I would like to address the terms of the representation. The firm is undertaking the representa- tion of the Municipal Legislative Commission, a new body formed under a joint powers agreement entered into by 14 suburban municipalities. In undertaking to represent the Municipal Legislative Commission, the firm does not undertake representation of any of the municipalities who are members of the Commission. As you are aware, the firm has appeared before municipalities on behalf of private clients of the firm. The firm will continue to appear before municipal bodies and agencies who are members of the Municipal Legislative Commission on behalf of private clients. We undertake representation of the Municipal Legislative Commission with the understanding that continued appearances before municipalities who are members of the Municipal Legislative Commission do not present a conflict of interest. As you also know, the firm is active in representing several other clients before the Minnesota Legislature, state agencies, and metropolitan agencies. Should a situation arise where our repre- sentation of another client conflicts with our representation of the 119 LARKIN, HOFFMAN, DALY Lac LINDGREN, LTD. Mr. James Lacina February 8, 1984 Page Three Municipal Legislative Commission, we will contact you immediately. We will then meet with you and the other concerned client to explain the nature of the conflict. Should it be impossible to resolve the conflict to the satisfaction of all parties, we may be required under the Code of Professional Responsibility to withdraw from representation on the conflicting issue. However, we would be able to continue to undertake representation of the Municipal Legislative Commission and other clients on all other issues. The fee for the representation will be a minimum -of $45,000, plus osts and expenses, and a maximum of $60,000, plus costs and xpenses. The Municipal Legislative Commission will receive an invoice for $7,500 for each of the months of January, February, March, April, May, and June. Costs and expenses, not to exceed $500 per month without prior approval, will also be billed on the invoices. All personnel providing services on this matter will record their time which will be billed at a rate of $75 per hour. In July, 1984, the Municipal Legislative Commission will receive a final billing for expenses and total services rendered in excess of the $45,000 total of the regular monthly retainers. The firm guarantees that the additional fees billed in July of 1,984 will not exceed $15,000, regardless of the total services the firm is called upon to render through June 30, 1984. I have enclosed for your information a copy of the firm's policy regarding payment of fees. We are all very excited and honored to have been chosen by the Municipal Legislative Commission for this important task. We all thieving forward to working closely with members of the commission and thieving our objectives and goals. Thank you once again for the confidence you have shown in the firm. Sincerely, Richard A. Forschler, for LARKIN, HOFFMAN, DALY, & LINDGREN, LTD. RAF:ke Enclosure cc: MLC - Operations Committee 1Z (D Ma 2®F ecoIc 3795 PILOT KNOB ROAD. P.O. BOX 21W9 BEA BLOMQUIST EAGAN. MINNESOTA 55121 A1O PHONE: (612) 454$100 THOMAS ELAN JAMES A- SMITH JERRY THOMAS THEODORE WACHTER Cd A Tsmnom. THOMAS HEDGES February 13, 1984 C", Am .eola EUGENE VAN OVERBEKE GR Ou. BEVERLY ALBEE CHAIRPERSON INDEPENDENT SCHOOL DISTRICT #196 ROSEMOUNT MN 55068 Re: Resolution Requesting Information from Independent School District 4196 Dear Beverly: As mayor of the fastest growing city in -the State of Minnesota, I am often contacted by residents of our community who reside in Independent School District #196 concerning when construction will commence for the Eagan High School. Without a doubt, most residents in our community who reside in ISD #196 believe a high school will be constructed in the near future on property which was purchased directly east of Northview Elementary School. The City of Eagan is regarded within the Twin Cities metropolitan area as the most viable community for growth and development in the next several years. Our planning commission and city council meetings are quite lengthy every month due to the number of new* residential plats that are creating lots for further housing unit sites within the City. Most all of that growth will occur in the thousands of acres undeveloped withing ISD #196. Many residents who have asked about the time schedule for the com- pletion of a high school in Eagan have also expressed their satis- faction in the previous attitude of the school board to decentralize high schools within the district by spreading the enrollment to three (3) high schools rather than concentrating a great number of students in one or two high schools. It has been expressed to me that the ability for students at the high school level to achieve in their classwork and to participate in extracurricular activities is more obtainable if the high school is designed for no greater than 2,000 students. j21 THE LONE OAK TREE... THE SYMBOL Of STRENGTH AND GROWTH IN OUR COMMUNITY City of Eagan/Independent School District #196 February 13, -1984 Page Two I certainly feel the school district as well as all cities within ISD #196 must work together to achieve the best long range educa- tional objectives for our present and future students. It is my intention to work with the mayors and community leaders of the other cities and do everything I can to support the continuation of this philosophy in years to come. Therefore, I offer a resolution for your consideration that my citycouncil is aware of but has not had an opportunity to formally adopt. This resolution is objective and asks for the answers to basic questions based on facts from the school administration and our own city administration for future • review by the school board. We must not let our emotions, whether they are related to bigger and better sports objectives, individual school recognition or whatever the case, overshadow the educational philosophy of the school district. Therefore, I submit this resolution and the time of our staff and my personal- effort with other communities to work- on the answers to these basic questions in a, methodical and objective fashion with the hopes that a referendum can be scheduled for the fall of 1984 with the answers to these questions presented to residents within our school district before the referendum. Sincerely, Bea-Blomqui-st •" Mayor BB/hd Enclosure cc: Independent School District #196 Board of Directors Independent School District #196 Superintendent Bill Force Eagan City Administrator Tom Hedges 1 Z2. RESOLUTION WHEREAS, the City of Eagan is the fastest growing city in the State of Minnesota; and WHEREAS, two-thirds (2/3) of the City of Eagan is within the boundaries of Independent School District #196; and WHEREAS, the population of Eagan has grown from 20,700 in 1980 to an estimated 28,800 in 1983; and WHEP.EAS. 983 building permits we.rP issued in the year 1983 and currently more permits were issued in January of 1984 than January • of 1983; and WHEREAS, the Comprehensive Guide Plan for the City of Eagan projects a significant yearly growth in population until the year 2000; and WHEREAS, a task force, which was created by the School Board of ISD #196, has met and determined the need for two (2) additional grade schools and one (1) additional high school; NOW, THEREFORE, BE IT RESOLVED, that the School Board of ISD • #196 is requested to, with the assistance of the administrative staff, research and answer the following questions: 1. Define the number of schools needed in ISD #196; 2. Define the location and definite site of each school de- termined. 3. Define an approximate boundary for the attendance of each school; 4. Define the cost of this issue to the assessable area, not just the grand total but the cost of each item included in the total cost; m'N • • 5. Determine the cost for bussing students along distance. BE IT FURTHER RESOLVED that this information be brought to the voters of ISD #196 and determination for a bond referendum be set for'.September of 1984. Knowledge of this information will be made available to the people of ISD #196 well in advance of such a referendum. •J�/1 �1�2l�C l�LoiZ— / Bea Blomauist Mayor City of Eagan OF 3830 PILOT KNOB ROAD. P.O. BOK 21199 EAGAN, MINNESOTA 55121 PHONE: (612) 45"100 February 10, 1984 MR JOHN GUSTIN 3061 WOODLARK LANE EAGAN 'MN 55121 MR TOM NIkOLAI 1504 RED CEDAR RD. EAGAN MN 55121 BEA BLOMQUIST ,noroi THOMAS EGAN JAMES A SMITH JERRY THOMAS THEODORE WACHTER Cour, N+r $ THOMAS HEDGES Gry A 1'014 EUGENE VAN OVERSEKE al. Owh RE: Sperry Semiconductor Noise Impact On the Timberline Residen- tial NeighborhooU Dear John and Tom: In official action that was taken by the Eagan City Council at a regular meeting held on Tuesday, February 7, 1984, the City Attorney was directed to review a future course of action with the Sperry Corporation if the level of noise emissions are not lowered -to an acceptable noise standard for the Timberline neighborhood by April 1, 1984. The position of the City Attorney regarding the directive to the City Council will be considered at the April 3, 1984, City Council meeting if the noise emission level is not satisfactorily resolved by that date. Later in the City Council meeting I was directed by the City Council to obtain a noise meter from a State agency and direct • a member of the City staff to establish several bench marks between the Sperry and Timberline properties and conduct noise readings. These noise readings will be conducted and recorded at different times, including both daytime and nighttime hours, and under a variety of atmospheric conditions. This information will be available for City Council and public inspection at the April 3, 1984, City Council meeting. Tom, I am returning the original affidavit and exhibits to the affidavit as you requested. On behalf of the City Council, we are hopeful that measures Sperry is taking will resolve the noise emission problems that have been causing grief to the Timberline neighborhood. Any questions you might have about the action course of the City are welcome at any time. Sincerely, ( •as rte" k,;k n � o Thomas L • THE LO1vE bh IREE.Y.THE S MBOL OF SIRE TH AND GROWTH IN OUR COMMUNITY TLH/jj .. b LAW OFFICES $AUGEN AND NIgOLAI, P.A. 1936 MIDWEST PLAZA BUILDING 001 NICOLLET MALL OPPIN 14NAUGEN MINNEAPOLIS. MINNESOTA 36402 THO«A$ J. NIPOLAI (61¢) 339-7461 DOUGLAS I.TSCHIDA February 9, 1984 JAMEs T.NUOLAI Mr. Da d Kelso Minneso a Pollution Control Agency Air Quali and Noise Division 1935 Coun Road B2 Roseville, 55113 Re: Sperry Semiconductor Operations Noise Pollution Dear Mr. Kelso: PATENTS TRADE MARKS COPYRIGHTS • As I explained to you by phone yesterday, Sperry's new factory in Eagan is emitting noise at a high level from its roof -mounted ventilator stacks and this noise is making sleep difficult in our neighborhood. Sperry insists that its emissions are within MPCA guidelines whereas, based upon sound measurements I had taken, its noise emissions are far in excess of the allowable levels. I am enclosing a copy of the strip -chart data taken by Sperry's in-house people back in August 1983. It is the latest data that Sperry has made available. Note that in taking these measurements, the noise sources were turned on, one -at -a -time, and even then are only a'shade below the 50 dBA limit provided by your regulations. The test which it took apparently does not show the combined effect of having all of these noise sources operational simultaneously. Today, 1 learned that when Sperry went out for bids on the sound • abatement equipment, it advised potential bidders that the noise at one exhaust stack was at 104 dB and that existing 300 meters away was 63-75 dB. We find that hard to reconcile with the information Sperry provided to City authorities via the enclosed report. 1 believe you have a copy of the Fulton affidavit which reflects the test results which I undertook to have taken and which shows linear dB readings in the range between 63 and 76 at a point just outside my bedroom window. . Should it later become necessary to bring a lawsuit to abate the public nuisance whichSperryis creating, we believe it could be helpful to have the MPCA monitor the noise emissions and provide a report to the City of Eagan, copies to our homeowner association and to Sperry reflecting your findings. J;�6 Mr. David Kelso February 9, 1984 Page Two Also, since the City of Eagan has shown a reluctance to enforce its own ordinances against.a large corporate employer, if your monitoring reveals violations of the MPCA noise level standards, we would appreciate any assistance which your agency can provide as far as compelling compliance is concerned. 1 and my neighbors stand ready to provide whatever information and assistance may be necessary to conduct the monitoring operations. Sperry is creating a nightmare situation in or neighborhood and we need help immediately. TJN/ljr Enclosure Mr. Thomas Hedges Very truly yours, Thomas J. Nikolai 1504 Red Cedar Road Eagan, MN 55121 Work phone: 339-7461 Home phone: 454-6772 1 a.7 ri L-A • LAW OFFICES HAUGEN AND NIHOLAI. PA. ' I030 MIDWEST PLAZA BUILDING BOI MICOLLET MALL OPPIN M.NAUGEN MINNEAPOLIS. MINNESOTA 55402 TNOMAS J. NIAOLAI (612) 339-1461 DOUGLAS L.TSC"ICA JAMES T. NIKOLAI February 9, 1984 Mr. vdTurcotteSperr irnnductorOperations 3333 PKnob Road Eagan,55122 Dear Mr. Turcotte: PATENTS TRADE MARKS COPTPIGNTS • 1 had hoped by this time to have had the opportunity to meet with you concerning the noise pollution created by Sperry's Semiconductor Factory. Bob Falstad, your Law Department attorney, indicated over a week ago that he would have you call, but apparently he or you felt that this would be unnecessary. Since taking over as Vice President and General Manager of the Semiconductor Operations, I don't know to what extent you have been briefed on the intolerable situation your factory has created as far as your neighbors on the north are concerned or the remedial actions supposedly undertaken in an attempt to cure the problem. Information provided to me today makes it clear that the Sperry people who have been addressing this problem have been acting in bad faith.. Specifically, last summer when the complaints started pouring in, Sperry personnel conducted certain tests along the north property line and concluded, based upon those tests, that the noise emissions were within the Minnesota Pollution Control Agency guidelines. Those tests proved to be incomplete and • inaccurate. Also, as it turns out, Sperry knew that those tests and the representations being made with respect to them were false or misleading. Only after the Eagan City Council passed a resolution' finding Sperry in violation of the applicable zoning ordinance under which it is operating did your people initiate any steps to correct the problem. Way last October, while insisting that it was in compliance with applicable MPCA regulations, it offered to put sound attenuating equipment on all of the noise sources on the roof of your building. It later reneged on that promise as well. lag Mr. David Turcotte February 9, 1984 Page Two Be that as it may, when it went out to obtain bids on an attenuator to be placed on the basement ventilating stack, 1 have been informed that it advised prospective bidders that the noise at the stack was at a level of 104 dB and that the noise level at the property line was 63-65 dB, values far in excess of the MPCA guidelines and far in excess of the data earlier provided to Eagan officials. The Sperry representatives also indicated that a 19 -week lead-time would be needed to design, procure and install the sound abatement equipment. That estimate was made back in mid-October at the time that your people were promising to equip all of the stacks with the attenutors. Subsequently, the Sperry people decided unilaterally that only one attenuator would be needed. It did not revise the lead-time downward in • any fashion, even though the project had been cut way back in scope. On several occasions over the past months 1 called Mr. Michaud and inquired whether the sound abatement equipment procurement was on schedule. He assured me that it was. Then, at the City Council meeting on February 7, he effectively asked for an additional 6 weeks beyond the 19 weeks originally projected. 1 found out today that the contract for obtaining the attenuator was let on February 3, 1984, only two days before the City Council meeting. It was also determined that the cost of the item in question was about $3,000. The six diverters are estimated to cost an additional $500.00 each. Thus, the total cost of the fix planned by Sperry is way less than $10,000. It is almost obscene that a company of your size and stature would subject the neighboring residents to the noise emissions you have when an expenditure of such a nominal amount could have resolved the problem. 1 • think you should require an explanation from the personnel involved as to why this matter has been allowed to drag on as long as it has and why a still further six-week extension of time is needed to complete it. 1 venture to say more has been spent by Sperry on meetings about this problem than on the cost of the noise abatement installation itself. The mendacity exhibited with respect to the testing and decibel readings provided by Sperry to City representatives made it necessary for me to hire a noise expert who undertook to take tests at my home only to verify what Sperry knew all along, Le, that its noise emissions were well above those permitted by the MPGA regulations. 1 think it is only fair that Sperry reimburse me for that outlay. 1-) _Ct Mr. David Turcotte February 9, 1984 Page Three If Sperry is indeed sincere about wishing to be a "good corporate neighbor", then it ought to drop the public -be -damned attitude that it has been exhibiting and take care of its pollution problems. Very truly yours, Thomas J. Nikolai 1504 Red Cedar Road Eagan, -MN 55121 • Work phone: 339-7461 Home phone: 454-6772 TJN/Ijr cc: �iomas Hedges Mayor. Bea Blomquist • 130 Administrative orfices February 8, 1984 Honorable Mayor Bea Blomquist and Eagan City Council Members 3795 Pilot Knob Road Eagan, MN 55122 Minnesota Racing Commission and Metropolitan Council 312 Central Avenue, 11400 300 Metro Square Building Minneapolis, MN 55414 St. Paul, Minnesota 55101 Dear Ladies and Gentlemen: During the past month, there has been much discussion in Mendota • Heights about possible detrimental effects of the proposed Eagan race track facility on residential areas of our community. In particular, residents of the Friendly Hills subdivision, located approximately one mile north of the site, have voiced concern that the race track would lead to undesireable noise and traffic impacts on their neighborhood. At its meeting of February 7, 1984, the Council was presented with a petition signed by 547 persons, expressing their opposition to the racing facility. In response, the City Council passed a motion to notify you that the Council, in support of -the majority of its residents living south of TH 110 and east of Lexington Avenue, cannot support the location of a racing facility in Section 1 of the City of Eagan. It is planned that a Council/resident informational meeting will be held in the City of Mendota Heights in early March to review the Environmental • Impact Statement. Any further Council comments that may emanate from the review and meeting will be forwarded to you for your timely consideration. RGL:madlr Sincerely, Robert G. Lockwood Mayor cc: Friendly Hills Civic Association Dakota County Board of Commissioners Metropolitan Airports Commission Governor Rudy Perpich 131 750 South Plaza Drive • Mendota Heights, Minnesota 55120 • 452-1850 STOLPESTAD BROWN & Sry'yM��_ ^��I�T�H/�� - ASKC TON February 13, 1984 2000 iCor:n Censor ia::er•.. 4z5 wnresc:o s;ree; Soin; Poor!. r/.1rreso:o 55:0;-2171 Tele. 70367 Te!eorx" (5121222-:50 Attorneys or Low Minnesota Racing Commission Suite 400 312 Central Avenue Minneapolis, Minnesota 55414 • Dear Minnesota Racing Commission: p,;mes= S'ao=s�oo f.usse: C ?'pNn Sreoren = Smi:n Vicnoel T McKim Gory L Garaw Xir-S J Ryon Eawura F Fo. Gary Homen Bnroarc S Se!iers Dov -o M Cremcrs Trornas F Suralenarr: 7cwa E r,'orcn Lori Nhese-Poe< Ccr•:- Everney 'e;:rev A Pecmcr fimom: J Graroe Please be informed that the Sunfish Lake City Council, at their regular meeting on February 6, 1984,.expressed their unanimous opposition to the proposed race track in Eagan. At their next City Council meeting, they will consider a resolution formally setting forth their reasons for such opposition. Very truly yours, • Gary Gandrud City Attorney GG/kj 2346-999 cc: Mr. Tom Hedges, Eagan City Manager Mr. Duncan Baird, Mayor of Sunfish Lake 13 k Eagan answers concerns about racetrack location On Feb. 6, the Mendota Heights City Council received a four-page letter from Fagan Administrator Tom Hedges, giving an "initial response" to concerns about a proposed horse -racing track in northeast Eagan" The Mendota Heights council wrote Eagan Jan. 18 at the request of citizens fearful that a track would cause increased noise, traffic, crime and diver- sion of aircraft over Mendota Heights. Below are excerpts from Hedges' letter. On diversion of aircraft: "The City Council has addressed this issue emphat- ically by a resolution that no request for deviation of flight path will be permitted by the City of Fagan ... the developers have agreed with the Metropolitan Air. Ports Commission (MAC) to grant to MAC a so-called air easement, which gives to MAC the right to fly air. craft over the site, together with the right to cause any noise attendant to the ordinary operation of such aircraft The applicant has agreed with MAC that this easement will be executed as a part of its application to the Minnesota Racing Commission. From the point of view of our staff, it is hard to conceive of a more definitive resolution of the matter." On noise from the track itself: "The midpoint of the grandstand is located slightly more than .66 miles due south of the Interstate 494 right-of-way, and separated therefrom by a series of low-lying hills. (The racetrack is to be built into a natural bowl between a series of bills.) It is the opin- ion of our consultants that it is extremely unlikely that an individual standing on the south border of the 494 right-of-way will be either able to see (at night) or hear the racetrack ... and that it is inconceivable there will be a noise impact from the track on resi- dents living more than a half mile north of the 494 right-of-way." On increased traffic on Dodd Road (Highway 149) and Delaware Avenue: "Local roads are expected to experience only minor increases in traffic. Trunk Highway 149 north of In- terstate 494 will experience a 5 percent increase in traffic directly attributable to the racetrack ... Dela- ware Avenue will have a 7% percent increase in traf- fic as a result of the racetrack." On increased crime: "Che Minnesota Jockey Club will be required to hire its own security force consisting of fully trained and certified warrant officers and fire safety person-' nel ... The Eagan Police and Fire Departments con-: ducted extensive research on these subjects. Their opinions, as reported to the Eagan City Council, are that there does not appear to be an increased demand for fire service from a racetrack, and there does not appear to be an increased demand on public safety Officers, with the possible exception of traffic control, which will be handled by uniformed, off-duty officers paid by the racing facility. There appears to be a very modest amount of peripheral crime, at or below the level that would be expected in a regional shopping center.' .. On the representation of Mendota Heights' inter- ests in the environmental impact statement done on the site, expected this month "Please be assured that the analysis of the impacts associated with the proposed land use development (which includes the racetrack) is not at all limited to the political jurisdiction of Eagan, but rather includes the entire subregion (including Mendota Heights, Sun- fish lake and Inver Grove Heights)." 133 • • ST PAUL. pisfDr\i cµ F-Ee rs -Ry --Y Y QTY• •e4t'!LaV L -Y I. LJ vet' s7 Viet •i r... �� 3 (r;� /[- i t. A !r �.I.in. i t ' a 4 ;t a ~tet MENDOTA HEIGIrrS residents from the Friend) lii0s area turned en In (nae al tithe �j 9 Wopmed Eagan Mmd la The ora was and et t e ammem Irak • emecB rat Fee.7 atuaata iclpts N the comets meeargmmins. rats vhharenn.%be Photo by Job. aleodma Heyau war sgalmethe Eagan raeesrack peapmW. marked to conaail wUh8 urate Contemn 347 Commie. from Naramt, app, b Paco py Job W'sdeD. i presented rats tamcil Mira • peehba tavWolvg Sir dyatares from readcsa apposed � i u MH residents spur .council: to oppose Eagan racetrack By JOIN WADEIJ, a Staff NHty 'wonting rdaamshiD between the two cities. the effects lie parse acting facility NOISE ALSO SHOULD rat be a The Mredma Medd huts m de sunmma ng arts. cid receive a rano- page factor, a - arelnckt�a sl Hedge. The m Was In Heights City Cencit .• nim PennoN, and the la large letter page letter Irom Eagan City a plural boal.�� Hedges, . passed a resdutlim an Feb, 7 cppming the proPmed bona racetrack elle In gathering d residents In Mendota Heights for the s[aond meeting in two Adminblasar names H which o it is unlikely that residents SVM be able Eagm petition i M residents mmUn proved to prong a force for the council to igrora - respoeded to the concerns d the ciltrmu stated in the Mende Heights' la see or her One truck from Ii31. Eagan has also paved a resdutim from the southern portion d the cit war enough to nay ammtn members ' The residents art aski us � to sit passively and indiate our approval tett,. City Admi mtntor Kevin Farrell ebHrg cut the city will of recium any ch.7ugp in aircran Ingbl path to revere their stand taken at a previous cmmdl meeting and to of the racetrack by ora doing anything;' Councilman prepared a synopsis d Hedge' felt,, which he read to the residents at the over the racetrack. which was are, of the major cmwam at the Mendota cap pose mn e ee track. Charles Menwoita mid. "I've received main Mendota Heights ousted meeting An Feb. 7. Heigh . . Heights residents. . . Thb was the second meant og this nib again this week an One ncelradt Hedges' p -com. year dui residents fano the FHeWy HHIs residentW Arm rifled the city's and I've never received a aH In suppwl of iL We have a impassibility . - Pletal�uIMMU a cram tar mare problem with lard use In The Mimmea Racing Ci mmisstm is planeing to choose a racetrack sue otnad dumber Is espre a their lame people toms support she bade Mendon Heights thin the meeeock by March 29 Eagan will be holding a appmilim topL7m to build a r#cMek site in Eagan. ofthe racetrack" -W. Interstate fie win be located pablo hearing on Its Environmental 's The mimcd's motion to oppose Ito between the racetrack and the Impact Study on March a, with Eaganproposed racetrack facility is our, of seven site stip being coo- acetrock site in Eagan paved by a}I vote. with Councilwoman 1Jz Win Friendly Hills area in Mendota Heights. Figao's p!om far a ai.aa deadline for. submllOag ammemm thepaposal net for MaMb 22. sidered by Ih Muaema Racing Commission for the state's riminnate ahtsining. Voting againt she motlm was CWKdmn John Hartmann. ptetrack and a 193 acre commercial am Aroud [be tack Medd take The aler�Nta Heights council phos 10 hold its don "m baring during - acing lark. The Eagan site is haled coelun mile from the Friendly Hens Hartmann said the council was attempting W --ten another governing rap tee room than H a shopping not, vita located there. Hedge tad, teMeekdalarm Stonflo. concerned residents to state their oppmtimn to c, area, and relents thea an can. body what they no da with Heir The Eagan later stated that public the Eagan racetrack proposal. COW d that the trod would result In Increased nb a traffic, crime and tsnd" Will apparenly abstained from the MM on the minim because She u safety shnld out he a concern for the Mendota Heights' residents since the Indentation gathered at the meeting in Meadow Hdghu would then be sin to rezoning problem In Mendota Heights. -I emPbyed by the city of Eagan As racetrack will provide its own fire Eagan 1 On Jan. 17. the Mendota Heights a result of One Jan 17 meeting with the Friendly Hab residents, to s,ehe and security lone. Traffic amid win be provided by dfdaty The Meedma Heights public hearing my be held in the Sommset School residents urged the city rnnrcd b officially oppose 1110 balim d Ib coumtl sal a Int, "pressing the the rarnnck pancm e, paid by the acicg fa quy. Most of the traffic Inc ase crested auddorium.to handle the expected cm- of Concerned citizen. Each racetrack in Eagan. At that meeting, aunty members mid they would not b Eagan, she Mimesmn Hacmg Commission, the Metropolitan Ab. by the lacililY win be on, 1-471 and Highway $d, seeming to theEwn time the r'ceu9ck tpx has been bratgfli up at a day catmcil me"Im ta make a belt deasha to oppose sacb mi parts Commow the Metropolitan levge littler. Hedamlcipate aa a thea have( been al+nddl8.rmm®l7 an important Project by their mutbemly oetghtim, Eagan. Council Coraco and the Dakota Courtly Bord of Cammkaiaaa. percent increase in traffic on Dodd "w'de- t� . The membra mid official oppmulm to !land and a 7y m per, imam, of vehicle using Delaware Avrme in Mesita Hegibi city cvmeD will Dnaha its phos Ira the public Eaeans proposed meetrack sic by Mendota Hngtlts coot injure 111e EAGAN HAS BEEN preparing nn Environmental Impact Statement M,Acta Heights it the track is eco- boring m the Eagan aeettack site on . swcted- proposal at n Feb. 21 meeting Decision on track site's tiU pending By DORIS KELLEHER The proposal of a race track at Eagan could be a case of ..much ado about nothing", according to Frank Svoboda of BRW Planners who have done the EAW (Environmental Assessment Worksheet) and the seeping y Club site development Proposion foral and are woe Laukkaa k ng oneek the EIS (Ennnesota vironmental Impact Statement). Svoboda said although Eagan is a strong contender. Blaine and Shakopee also have already gone through the EAW and other preparations and are now working on the EIS. And, Woodbury and Savage are beginning the necessary process. Svoboda said that although certain aspects will not be addressed in the EIS, they are looking at housing projections, public services and the existing zoning in the surrounding communities. His firm is track which will include reinvolved etailshops, loff ice show opment ofroomsite � and than 'office space. The track is proposed on 739 acres. Included within the track development will bea grandstand with initial seatingcapacity for 7,500 Persons and full development seating for 15.000. Grandstand parking would include 9,100 regular parking spaces with an additional 3,630 spaces to accommodate overflow parking. Other facilities developed in conjunction with the race track will include a combination administration/cafeteria building, receiving barn for incoming horses, water stations, stables, maintenance yard, exercise area and equipment building. The track Itself would be one to 1.25 miles in length with 6.5 furlong chutes situated on the northwest and southeast ends of the oval track. I Anticipated canstructlon costs are $ly million. : -C -- : r - u If the Eagan site is chosen by the Minnesota Racing Commission as the one to be developed as a race track n the Twin Cities Metro area, construction would begin n 1989 with a scheduled completion date of summer 1985, Svoboda said. The racing season would extend frotA June 15 through Sept. 15 with the events scheduled to take place five days of the week, normally Wednesday through Sunday. I3s • S'v.y JDAP E 2 C'ee /s- FY • • -Council opposes racing in! Eagan than BoFriedl Hills residents, the m filled again with mom near the track. - said he is nes opposed to the cL7HY Onto TH 149 and Delaware Avenue. Hedges said traffic fore. "W We now lave to tell Eagan we Mendota Heights caunil took til- ficial anion Feb. 7 a oppose the MHe development of the ole. but op- posed if such development cases are baud on W metro area Cannot wppart the Mack. Then we 1 win be representing Our comd. building Of a race track in Fagan. The motion sated the city staff affect, to eomfort of living for Mendota Heights residents. regional population. Most trips to and from the site are 1 stents. 1 Punk W residents are asking us to officially slow we are -as W "notify the city of Eagan. the Mituesoa Racing Cummimma Those in the room applauded expected W be on TH 54 and 1494. local rands are expected to ex- nes supporting it Iockurad then asked those at the nd the Metro Council Wt Mendota fallowing the reading of loskaan'a letter. ped,ace Only minor increases N meeting H dneY waned Lkc W have Heights is supporting the majority Of residents living south of Highway Cummim continued saying there traffic. he said. Nota. including both anticipated '- Or information meeting regarding W race track, and received an Ito N opposite, to the racing facil. tY have been new developments an the race track. He said the racing mini generation of the crowds and public address system at the ate enlhuxiagle"yes " He said the dale and tine proposed at the Eagan site. 'TM context cannot support the rommisaen has adopted a schedule of proceedings and thongs will move and the pOeMbifity that aircraft will be dlveried northerly of the existing will be set and Published by the Feb. 11 meeting. location of the rase track in Section 1 in W cit of Ea Y can:' the melee quickly. OnMarch 1 therewill be r,gneas flight corridor to avoid conflict wird track operotiom was another I The leacr said the mmneilmvt had mmermu calls regarding the played by theclty of Eagan and said she has an obvious conflict said. The vote passed with courcit be In IV for siting by developer. public hearings wdi be conducted March con. cem that Hedges addressed. He said the grandstand is located I Oven cotton if the trek would be a mise generator and it traffic world mem n 4d abstaining and John Hartmann voung'•naY.' Mill and W franchy i, to be awarded Manch ha, slightly mare than 66 miles due The anion apparently was what W tesideots waned the council Cummins indicated this B trade. south of the 441 right-of-way and separated by a series of low lying W quare time to do all that might have hilts, do at its Jan. 17 tneeling. according to be time legally. Ile said the The Mark M to be built Imo a to Ruth and Gu, Hipp who five in Friendly Hili,. toner ted rOM&MIs have secured natural bowl between a sepia Of But at that meeting. the council petition in opposition to the race track in Eagan with Sf7 signatures hots It is unlikely that On individual sanding On the grunt border of Mie directed a Inter to Eagan inform. Ing the mayor and council of the W date and wdi continuemnrcvlate W petition. rightot-waY will be either able to residerots' eonncem. "Al "Many people are not aware the see at night) or hear the track noises. last they finally did some. thing the People want:'Hipp sodat track is proposed to be so close In Mmdaa Heights. -Commit, Consultants believe It Is Inco, - W meeting break. sand. He conumed by saying many ceivable there wdi be noise impact from tho track on rade," living Attorney Carl Cummins asked that a letter from council member residents were loncemcd with statements madein thedailymvvS. more than a hall mile north Of W right-of-way. Jim losleben be rend. It had been set when Losleben was absent paper which were attributed W council member La Win. As W the possible diversion of the from the cariier meeting. He further -,-Nd that WW is em- existing flight corridor W avoid conflict with track ope. tiom, The leacr said the mmneilmvt had mmermu calls regarding the played by theclty of Eagan and said she has an obvious conflict Hedges said the Eagan city council track in Eagan and Wdicated his of in- tens. (See accompanying stories las addressed this by resolution Wt ro sc9uest for deviation of Oven cotton if the trek would be a mise generator and it traffic world far resyoue W charges). Cummins asked that Wilt flight path wit be permitted DY the focr an 16. He also wondered it public address carryover would withdraw emrnt any anon taken on the trach and asked the cruncd sty of Eagan. This has been reinforced by ac - add W noise and if aircraft would be diverted over W residential W consider the propriety of her sitting lion of the developers who have agreedwththeMeugolianAlr- area. Losleben also expressed concern, es on the council an the hone prior W Feb, 7, m action had ports Commission (MAC) W grant . a so, -ailed air •+••m-�e In the letter Over whether or not the nuncB will be able W maintain been taken by the council except W direct staff W send a letter W Fagan which gives MAC the right W fly nucraft caning W the and bordering the city mncil and mayor regarding con. Over the site. Hedges further assured Mendota , tenuof Mendota Heights residents. Heights that all W corgersts ex. ' CLmmnm Nen entered W ne- pressed will be properly addressed celµ of the petition to amcity clerk. to the Environmental Impact Mayor Bob Lockwood introduced Statement(EM- newcity administrator Kevin Froall and tamed the meeting Cunncll member Chuck Mertensetur said with over 500 over W him W read a Inter received f Eagan administrator Tom nome, an the petition and with rte I Ho second appearance of W residents Hedges wrote in regard W tie meting, shows "Lin are opposedd to t eMack and _ ' mairung of and uses between Friendly Ht" and the track. "any weaholdoptm backmthoughwe. retuning of and oxides the city appmveu-. JHg CondorIkni"muAppdeterm,lacdbyyoM- m President tien preddmt lama gOge and Mendota Heights' farmer -tNva nom.^"' -"—^ •-I^, Regart ing public safety invrly- Ing s t) Al / y Eu j..c+ �� A IJ E(v City manager Orvil Johnson, the additional need for fire and peva in from of a piece of Police INW-Mu n• as "If as the LkW=d of Increased in I t� rJ _8� heavy equipment during crime r gmundbroaking far Lexington areas Surrounding the faculty, Hedges said The Minnescea Jockey I Heights. The293 unitcemplea Club will have is our, swurityl,m, consists of three buildings of fully trained and certified war - with one and ewer bedroom rant officers and fire safety per - rental units. In addition then Sonml. will be underground parking There xertts bbea very modest and tennis eeurts. The new srtlrtmt al peripheral rima m ar coenples is latwod six blacks , ' IevN Wt wogild be a- sounhenLexington Avenue off Peeled In aregional shopping oro- 1 Highwoy 110. ed DON. V As W diversion of traffic. esce-� Proposed site in Eagan: 'Race track plan. spurs By DORIS KELLEHER The three areas most affected by a race track in Eagan would be the city of Eagan itself, Mendota Heights, Sunfish lake and Inver Grove Heights. Mayor Bill Saed of Inver Grove Heights, indicated his city council has continousiy-supported the pro- posal of a racetrack in Eagan. "in fact we hoped to see it in the city of Inver Grove Heights but we had no appropriate site," Sued said. He said he can see there will be many benefits from the track such as auxiliary businesses springing up around it which will provide additional employment. "it will be a boon to Eagan and some of it is bound to spill over into Inver Grove Heights." the mayor said. Sunfish lake mayor Duncan Baird said he and his residents are ..very upset." "We are planning to have a reso- lution passed at the next council meeting opposing the track in Eagan. It violates all the plans for northern Dakota County which was to be a prime residential area. You don't have this with a race track WEST- S` PgL\L ngxt door." He indicated his city's citizens are "tired of going to the mat but we have an impeccable record for being implacable in resistance." He said the city was "hurt about losing the highway suit" but went as far as they could with it—to the "Supreme Court". "We now feel battered with air- planes, race track and the proposed highway," Baird said. He indicated that 62 percent of the planes go over Sunfish Lake and although they have tried to operate through the noise abatement coun- cil they have had no luck. "I am not sure what we will do publicly or privately regarding the track," Baird said. "We were not included in the EAW neither was Mendota Heights." He said the city has requested they be included in the EIS. "if we are not included there is one possi- bility we could go to court and ask all operations be suspended until we are included." Mendota Heights mayor Bob Lockwood said his official opinion was stated in the letter sent to the Eagan mayor and council following the Jan. 17 meeting when Friendly i MCribc7-A HEIGHTS 5 uN �EB /J'ay Hills residents attended the council meeting opposing the track at Eagan. The letter stated that about 9g people living in several neighbor- hoods located near the city's south- ern boundary attended the council meeting concerned about the pro- posed race track. . 'These residents asked the coun- cil to take action to oppose the track but the council declined after due deliberation and instead voted that you be advised of the issues that do pose a concern for both residents and council members," the letter continued. The areas of concern are: rezon- ing or pressure for changing land issues between Friendly Hills and the proposed track: public safety— the need for additional police and fire protection as well as increased crime in the area surrounding the track: diversion of traffic especially onto trunk highway 49 and Dela- ware: noise -anticipated noise of crow ds and public address sys- tems, at the site and the possibility Race track Race track From cage 1 that air traffic will be diverted northerly of the existing Bight cor- ridor to avoid contact with track operations. It was acknowledged the EIS would address some of these con- cerns, the letter stated, as related to the site in Eagan. But residents concerned if the EIS addresses these concerns as they affect the area beyond the Eagan limits. . It was specifically requested the EIS contain the appropriate in- formation addressing the above is- sues as they affect Mendota Heights and the immediate area, the letter continued. Although the council declined to go on record as opposing the pro- posed track the council members are obviously concerned with the above issues as well as other mat- ters that affect the relationship of the two local governments, the let- ter ended. 137 • a° u11 fil -1111 � f $�g� 4m; if.€jig � € €� pp y�$Q ° sig �ayy pyy na{ L Fi""a�9aEsE"?u�69 �6piala U) W LM `•J 32 e u e L Fm e�m9 S_9`n i 3CT9 9a a: 17 O°S ��7�nS� SE��� a. i s E7. o xn L� 9 EEo Hl �NA Till ;Ji Im�� Mendota' Heights gays nay ®taciC locati®n in,.; -'E ban` By Beth Gauper , . The council had been asked to Staff Writer oppose the site. at its previous meeting. It had refused to take a A resolute crowd of Mendota position until it could see the envi- Heights residents got its wish last ronmental impact statement now week, as the Mendota Heights City in draft form. The council did send Council agreed to formally oppose a letter to the Fagan City Council a proposed horse -racing track in expressing the residents' concerns Fagan. about traffic, noise and safety. A Confronted by the crowd and a five-page response arrived from petition signed by 7 percent of the Administrator Tom Hedges on the city's population, the council voted day of last week'smeeting.opait little But the 3.1 to send letters registering its council appeared to pay opposition to the track to Eagan. heed. the Metropolitan Council and the "Five hundred people are telling Minnesota Racing Commission, us they're against it, and we've got which hopes to choose a track site to reflect the thoughts of these peo- by the end of March. Councilwom- ple," said Councilman Charles an Liz Witt abstained from voting. Please see Race/2SW ® Continued from Page 1 S Mertensotto. "I've received many dozens of calls against it, and not one for it." Councilman Jim I.osleben said he thought the track would disrupt life in Mendota Heights, whose southern border is one-half mil-_ from the proposed tracs,,, "In the community we have now we quiet down at the end of the week," he said. "A racetrack on that location is going to dramati- cally change the weekend appear- ance of Mendota Heights." Mayor Robert Lockwood also voted to op- pose the track. Councilman John Hartmann said he did not think the evidence showed the track would be a nui- sance. He voted against the resolu. tion. . "The interesting thing I find here is that the individual members and the mayor who voted for it just happen to be up for reelection," he said later. "I also find it strange that Charlie Mertensotto spoke be- fore against the advisability of a resolution, and then makes a mo- tion for the resolution. The viewpoints of those people werere- flected, in the letter we sent to Fagan." - Witt also said later that she is ronvinced the track would not be a nuisance, but that she had ab- stained because she "really didn't want to stir up the pot anymore." Witt, who -is deputywas accused clerkclerk of Heights resident Carl W. CummMendoins III of having a conflict of interest, Mendota Heights attorney Sher- man Winthrop said he did not know if Witt would have had a conflict of interest had she voted. According to Cummins, who spoke on behalf of the petitioners, immediate opposition by Mendota! Heights is necessary because the time allotted between public hear- ings on proposed track sites and the selection of a site is too short for effective opposition. Under the schedule set by the Minnesota Rac- ing Commissions, applications would be due March 1, hearings would be held the week of March 12, and a decision would be made March 28. Mendota Heights residents, Cummins said, will continue to col- lect signatures on their petition. "We're continually Finding peo- ple who are not aware it's so close to our border, they still believe it's in 'distant Eagan,"' he said. "We believe weLre performing a valu- able service by presenting the facts of the case." S/ PvUI, Dr5 p/VTCJ-/ 11 • • • Sunfish Lake protests racetrack proposal in Eagan see any reason why people would be roaming around on local. streets." Still, Baird said, the track would threaten the existence of his care- fully arrfully planned town. One of the things that's hard for people to realize is our budget over the years has ranged from $70,000 to $90,000 a year, and 25 percent of that we spend on planning," Baird said. "We paid for and filed a com- prehensive plan, having said this is how we're going to be, and it's ac- cepted rcepted by the Metropolitan Coun- cil. Theo we get this kind of thing. We don't have all the resources in the world, we're trying to do the best we can, and here comes some- body sticking a torpedo in it. We Writ $35,000 for nothing, and it's not funny " - .. If the track goes in, saK will go fish Lake Property down, people will move out collections will decrease, and S fish Lake will become a "w "I understand this is the only site' opposed by two city councils,"I Baird said. "That ought to weigh for something." (1 By Beth Gauper Staff Writer Tiny Sunfish Lake, long frustrat- ed in its fight against Interstate 494, has entered a new fray on its southwest frontier. The Sunfish Lake Council voted 4-0 last week against the proposed horseracing track site in north- west Eagan, becoming the first city council to formally oppose one of the eight proposed track sites. 'Sunfish Lake was joined a day lat- er by Mendota Heights, In which the council, by a vote of 3=1 with one abstention, decided to register its opposition to the Eagan site. Sunfish Lake Mayor Duncan Baird said he had known as early as last summer that the site was nearby, but did nothing until he heard Mendota Heights residents bad mobilized against it. Eagan, he said, "is a very large community with a lot of muscle." I'd been very concerned about lt,".-Baird said. "Suddenly it oc- curred rBurred to me'l wasn't alone any- -more." ' Despite his concem, Baird did not attend any of the public hear- ings held in Eagan on rezoning and financing for the track. "I muffed the ball," he said. A racetrack, Baird said, would have "a terribly adverse impact" on Sunfish Lake, a 1% -Square - mile, semi -rural community of ex- pensive homes at Eagan's north- east tip. "This whole area is designed to be a high-class bedroom area, and to put a racetrack in the middle of it is bad news," he said. "Generally you get a bunch of things that are not desirable. When you live in an area like this and people are flock- ing all over, the results are inevita- ble. They'll be poking down our driveways, picnicking on our lawns, and throwing garbage around. Do we want a whorehouse across the street?" Sunfish Lake will be separated from Eagan by 1494 and from the site itself by one-half mile, but cars will still have access from Dela- . ware Avenue and South Robert. 'However, says MnDOT traffic en- � . eer Michael Robinson, "With a freeway system like that I don't' 1+6 i5 (-.,u� F'Ea Is- Sti Race track decision likely by mid-April By Robert Whereatt Staff writer The decision on who will build and operate Minnesota's first parimutuel horse racing track Is expected to be made by cold -April. the Chairman Ray Eliot of the Minnesota Racing OnUnIsslon said Tuesday. Though there are eight prospective groups with sites vying for the It - cease that will be Laved for a track In the seven -county metropolitan area. Eliot said he believes only four or five applications for the license will be submitted to the commission, Some could drop out of the competi- tion because they cannot meet dead- lines or because the application process is so expensive. The nine -member commission adopt- ed rules yesterday that will be used to decide which group gets the IM cense. The deadline for applications is 5 p.m., March 1, "I expect them all (to be submitted) l at quarter to five on March I," Eliot said. "It probably is going to take us 45 days to go through them (after the deadline)," Eliot said. "I think we -can arrive at a decision Inside of 45 days." Eliot. also said that the hack could open 14 or 15 months atter the It - cease Is Issued. That would put the opening date In June or July of 1985. The chairman has said that it would "take a miracle" to open a track In 1985. He said yesterday that a mlr. axle still may be needed Thereare three or four other obsta- cles that could prevent a 1985 inau. gural, said Eliot, including a possible protest from a.group In Eagan. He said there Is concern that an Eagan site could move aircraft flights over residential areas. Here are the eight sites .in which) developers have expressed Interest. according to Eliot: Blaine, Fagan, 'Farmington, Una IakesCenlerville, Shakopee, Savage, Woodbury and The commission also; incorporated Into its rules a provision that re- quires the group that wins the ll. cense to agree with labor unions to a no -strike. no -walkout contract. 141 • • • • April racetrack selection is seen By George Baran Staff Writer Ray Eliot, Minnesota Racing Commission chairman, predicted Tuesday that the racetrack to serve the Twin Cities area will be selected in April and could run its first horse races by July 1985. Eliot said his optimistic timeta- ble assumes that no lawsuits Will be filed to challenge the commis- sion's licensing process. Track li- cense applications must be submit- ted to the commission by Marro 1. Eight suburban sites in Dakota, Washington, Anoka and Scott coun- ties have been proposed for the $50 million track. The commission ex- pects to get formal license applica- tions for six oro re of the sites. The contenders include Fagan, Farmington, Hastings, Woodbury, Blaine, Lino Lakes -Centerville, Shakopee and Savage. Track construction would be de- layed in event a lawsuit challenges the licensing process or someone petitions the Metropolitan Council to determine whether the track has metropolitan significance, requir- ing more reviews. The commiecion removed anoth- er potential problem by approving a policy banning strikes and lock- outs during construction of the fa - Under the policy, a track devel- oper would have to agree with the state AFL CIO building trades council on no strikes or lockouts. Please,see Track/2C Track.;:. -- ® Continued from Page t C The policy was proposed by Commissioner Dan Gustafson, Golden V211ey, secretary -treasurer of the state AFL-CIO. Fifty rules governing the track license process received final ap- proval by the commission after mi- nor modifications were made at the suggestion of state bearing ex- aminers. The commission also received a county fair racing request from the Traverse County Racing Commis- sion based in Wheaton. James Schoenrock, chairman of the.group, said that the fair would like to have five days of thorough- bred and quarterhorse races begin - Ding next year. He said the group is ready to spend $50,000 to upgrade its horse barns and track for pari- mutuel racing. Eliot advised the group that it may have to spend more money Ulan that to provide secure stables, I fencing and proper betting facili- ties. The commission intends to li- cense county fair races after the Twin Cities track license is issued_ , 142. /1_ ,cT/ZCP0 LI�t—AlU lie, Z -An( t8 -eq T W t Fast-track financing r Should communities agree to race- track developers' bond. schemes?; 'r he Nly d Fagan est remth approved apptea- Clem praeeted by thc Mlnoaaa Jockey Clab I6r fa {6 industrial In lr laremenl Ilmrcing and Ie, Mtilm ai lodmtrUl revenues mem W help nitBe •proposed Class A parieto el ram track. fits Cellon IotowN aevml months of review by We Advisors Planning Colnmi�a0. the Finance Culmdl- Uc, wNcb U a fact -raiding Committee W the Cape Gty Council. ad the City CmuU u a whole. The Iamb Involved an purchased by Dayton Hadm Corp. and meed la a apdantplm regional Chopping center more than 15 yeah ago. The meter was am built and. as a result, the property wed sold. The site am me of them flulUU lar the darned vadmn five yam ago The F1gan Comprehensive Guide Plan. Eased an eaillllg coning W plans. has metimed W nerve the aid fa ee[lanal y algal 1. eget roes The city's aWlty, and stmt plan abo reflect Wes' prop a and the the ill Is gemta l eo long. er me and the ass. be U very nlgge f with devetapmmt a., 1 betien ,, ppvvppeenny tnay never develop u pinged wllhml Rends eaulyaL •The Advtmry Ph," Cormahslm held several public hearings W consider the iming and dewlap mint N We rue wn proposal and apprwN the project. fie City Cometi, after several mating. trtenuned the tacitly ba good and compatible an d the led d benefit to the Nllams. The Finance Committee was hwtemled M eddy, will report me We flaming proposals- The roposalsThe Finance Cmonduae Inds the same criteria in aemidng this proposal that an ured fa other I. arcing assistance repasts, ask.g: U the financing permitted? U it necessary for a viable project} Is the city properly proactd U We limning Is approved? To bran complete ableNvity, the city hired an b dependent bond clamed sued rrmmial tensal m W M Mew [be proposed financing. The Finance Committee Ind that the leglslalrt. In pastfigtam m abling a racing (=Bit. envisioned a Ia manu4 pal limning aedstima A legball" himgsnvin Wn othat ml` us Inaeemem financing ad idustri- d revenue, be (IRBs) wn crwuWered necessary. Testimony metals the legislative intent was U re, tun w nun a possible W the beWog pubHe The lops' trim ,tea cont it" are king the erMinmesul Ree city U Quin W alter the Us subsidy, asked. R'by, IN NYara- Anvog roditiom ere • Mtn d eremt fm 75 PRO: precast d the taUl del eerake m the hod Inde ad Il6aart lineal dismr4 av tadeershpolaa nganeelncl WWaaIthelrtird CON: U "Isnot' aey " That U W ba al, ' 7M the It does sal henb the Nty'glva" the me�dtae Waremmlllmrclg ester Coll GIY Camay. meml Me rocs the Flmnce g Mth Cal ewM r imed. ..Pugh a mousy. "NT" Although the mmpning db all Clam similar aG 'anlage al net Cpm spam with peatlreenyarv� and Darby utilltin ai plazaeach ievelpce u aaalg �� I the local)bent city for a public subsidy.James U this another rare d as aid" David D. Schaaf SmithWhyla Y ask- thrttm to Rewe W SmU Dakota II we dml "ands up"7 Schaal. a member of theMinnesota la a Remember at lone Eagen Ub'iomly mL H, as the spamws Naim, A rate U o sure thing then It will be baDl R®ewbm l moor. ft. 187280Ildth lepreeentin led Fridley area dUty r Council Cad cash of itsIrak Finamm CO?Jallae, p/bmeseLL amha Cowry, N oo. a reel "late Was.. Why then ter Deed Ind a p"c subsidy? Each of We blind m hands would be the city's direct oligalm Uen drvelopm goes W the rvurdl Of the beat city daglg In an way liable W the Winston. MIT Rely miximme . Ilnmenl Nymenl were set smile, in addition W We We tame lmrc: mw, tomlronlR lane. hsreaad Ma bas11 benefits r.. -s.e 1-1 lama es, – h We developer. rneaL The legislative prokcti®ot B.ma people per day, each betWWaa (100. world pvdoce .daily racing •handle' d 6800,000. leaded la the 17 percent M U paid u wlnnbW U 1.78 percent authorized la debt retirement. The retire 4.75 permmL with a 60 day nes ! leg seams, would be 11l'edf I W retire the debt an the r 68g mWai, In Qib Claw The Minnesota Jockey Club Uc.% wel4axambd proposal will need 638 suntan for construction and satrap of a Mlrlass track. Of the 612 mWlm need - ad ta make cp the dllutmm, ball will cane Inns egWly aivestrrcnt by TWO Gtim ane citizens and W. dm W eanaolve development cava. from Us in, 1. ^^^r ^I tainfinn} A Ilrilrlaa facility would W0e family or rmlislltally possible without all Urea hh g�rreeddlImit — Imesim eguity.IRI. at their sagmly What Men, rata ad Res =1 financing. I Tem Is he roil a oMlga�11m, should fhe an la payers U the $2 I7 Mllun 1 • key ray. The t6 adUlom in sea Unmeant financing leve a ngmrod ffaaI dupantlo can ben. e. s ala ml the son. A dealopment agrerurcm will Ialde amnrcn E7ger W be awarded ft bumble of goodie, can Lin,t the projm weal Ilaarclat/ dleet Fagan tea' city U Quin W alter the Us subsidy, asked. R'by, IN NYara- Anvog roditiom ere • Mtn d eremt fm 75 ask agalo la Were then d twat remail w cities precast d the taUl del eerake m the hod Inde ad Il6aart lineal dismr4 su willing W give cash W private developers? the pnfmt'a cmtntadlm of al lies Rema of she de Wind gmnoteo ad rises epee U "Isnot' aey " That U W ba al, ' 7M the It does sal henb the Nty'glva" the me�dtae Waremmlllmrclg ester Coll GIY Camay. meml Me rocs the Flmnce g Mth Cal ewM r imed. ..Pugh a mousy. "NT" The City Gnrcil had many nasem Me ayp—Los the final resalullm report lann potire aed fire da- mnrmnts showine W11e Or m imrrM admmte limo - track: the pruspect of attracting other aealopmmC Ur revenwe aumated at 11.8 miWm a year at the ed o1 the hand period; pate law allowing 10 cent per Mmlalm W We Ictal atTTeehamed tmwmwllp Iden illy ad creation d 1.7D,0 IW and pan time km. many Mal la err young people In the summa. I believe a llrsl<Ua suaesiful race tack of which we can be justifiably prod raid Ret be built ad op mud without the municipal flamcing assUtma, W forth byear IeglvaMre flew m, Yat ask- Here came the trick part. Watch closely and see H you can tell whin shell the pts b oder. Thera are at Inst low oupr lona of public subRb dy a city cam make available OR a develops industrial cr reveal bads IIRBI and Us Inmeem Maint. You've heard N Unfree bmda? That mom a par- ser who Invests in an IRB pays no SUM or indent tae an the lateral his Invesllfenl yields thereby creating a lea in Ua revenues The Lnublure bas mile hila available for almen any project, Incladlg a rate track. Technically, a city comrll paves a resolution W Lima the Ings with lobe prmNs gulag M We develop a. This anion Collin the Ur<aempt &talus. Should the project go belly op, however. the city Is &'rlpUq Clone fscbV to yAmesots offers m me bels N falendng and Andre. AS you can see, m city rnmey hes been given W the developer la which a city camtll member aught ban m ame a to a voter. And Owe m legislature a aeinba of Congress has W vane an, Appraprlausim, reap again an vo en W wary abmL Slits Isn't Il? hakes yea wrier why any mm de, set"" would leek to private lu cing with this source of low.atertn merry AntatiLL The second public subsidy Cod available U evm Inn ingenuous. Tu traee nen. Maine ng otton when a city anally farmers agcy by Issuing a bond ad mem the promeds in any her of war to help a developer linarlte a Pmlrcl Udu UK airrta ant financing tiw property las dol- men paid W tbO City. mwunly and ac dwUin arc (roan W the project aro prior tadentapmmt In the ran of a am Iran U would be the rele mal Man paid m a imam parcel al raw, admprund Lad . Dae the pnjeai Is tompined. We amaml d prop- My %PMy Us doWm generated Will Increase —w—WHY slue the Us rat m the project U Ret iro>m Hawma. Instead of being distributed M the sullen of the city, meaty and aehmldatiCl bUlacemnental difference U upland by the city and used W repay the money borrowed by the city W provide the subsidy to the developer. When the heads art repaid tai a W 10 years) AU the mo�rly W do llan are mice again dfsuibeted W the look. furupitliovs. Hen again the City has teed varleme els" money, dace about 70 W 90 percent Of Our properly Us 60 - lava ger W twdlhe mainly and sclool disWct. 7be anginal purpose of the legislative set creat rg Us Irrnmml Irmrcfeg was to ager develepawot into blighted areas that would cat mare W redevelop than building an vacant lad, Clearly, each propwed rite for We mew ram track U an vacant Neil rot a bhgnted amea . – - r--- .. . . Allhawgb m public popose WW be new by ®eg Uapayer dollars to subsidies romtracilm of a rem trek, Its lactim will surety benefl. err tameamity over moLber and look great U the esmNlBa hum - More y. Unless We Uffislatme Neta, this I" temptatlm few local politicians cal resist. So. If the Dew nm leek U bwill with public suhtldy, it will be m gamble fa the MinwaMa UaNyer. It's a ams haus. Inver Grove Heights Development Corp. 217 Livestock Exchange Building, So. St. Paul. MN. 55075 - (612)451-2266 February 7, 1984 ,Mayor Bea Blomquist .City of Eagan '3795 Pilot Knob Road Eagan, Minnesota 55122 Dear Mayor Blomquist: • Our Development Corporation has followed the Horse Racing Facility issue with a great deal of interest. Recently, the Board endorsed the Eagan site. In addition, the Board requested that a notice of this action be sent to the Mayors of area communities, along with a request that similar action to considered by those communities. Copies of the letters to those Mayors are enclosed, along with a copy of the accompanying resolution. If you feel there is any additional work that we could do, please don't hesitate to let us know. Sincerely, George Kis an President GK:cs Encl: )44 - The Inver Grove Heights Development Corporation has evaluated the pro- posed sites for the Twin Cities Horse Racing facility, and supports the site proposed for the City of Eagan. The Development Corporation believes that with the completion of I-494 and the reconstruction of Minnesota 49, and with the transportation network formed by other highways in the vicinity, the Eagan site is the most access- ible one to the horse racing facility's primary and secondary markets. Furthermore, its accessibility to the Twin Cities Metropolitan Airport pro- vides an additional convenience for non -local owners, breeders, trainers, and fans. Additionally, the rural nature of Dakota County, the excellent local transportation network in the county, and the availability of land for small acreage farms, combine to offer facilities and amenities that will encourage and foster the horse -breeding industry. The Development Corporation further believes that the project propon- • ents have prepared a development plan that addresses the health and safety concerns of the public, the comfort requirements of racing patrons and participants, and the financing requirements of the investment community. The inclusion in the development plan of sites that will adequately accom- modate the supporting commercial services needed by the public is an in- telligent land use decision that will be instrumental in preventing future congestion. Finally, the Development Corporation views the Project Review Procedures conducted by the City of Eagan, and the city's subsequent approval of all aspects of the proposal, as evidence of both a thorough examination of the project's potential impacts, and of enthusiastic citizen support for the project. The citizens and officials of the City of Eagan are commended for their thorough and expeditious review of the proposal. For those reasons, as well as because of the projected new employment and additional taxable valuation which the horse racing facility will gen- • erate, the Inver Grove Heights Development Corporation supports the Eagan site, urges the Metropolitan Council and the Minnesota Racing Commission to designate it as the Twin Cities' Horse Racing Facility, and urges the City of Inver Grove Heights to consider action supporting the Eagan pro- posal. l+S 2335 V. 7. ".YqA v 36 Sr. P..c M".r.b 55113 X.... 612-636-4600 February 9, 1984 City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55121 Attn: Mr. Tom Colbert Re: Blue Gentian Road - Proj. No. 349 • Our File No. 49242 Dear Tom: M Orr. G. BatrR P.E Robe W. Ro . P.E. J.a.b C. A. a. P.E 9r 1d rd A. Lmrb . P. E. Ra E. Tomer. A.E. Jamas C. Oboes P.E. Gkmr R. Cook. P.E KNrb A. Gwdoa. P.E Trmmaa E. N.J P.£. Rkbatd W. Fenn. P.E. Rahn G. &h.nrcnt. P.E. Maria L. Son . P.E OomM C. Bur,.Mr. P.E. 1n A. 80Y k P.E. Mark A. H.P.E TM K. Fk . P. E Mkl T. Rt.. P.E Rohn R. %p/nb. P.E Gd.N LW=. P.E [Kala A. Emkt W M. Po.e6#) Harp. M. oboe Enclosed herewith please find the cost participation associated with the above referenced project as it relates to State Project 1985-76 (T.H. 494-393). The City cost participation based on the Schedule I dated September 26, 1983 does not include increasing the GE for West Blue Gentian to 20. Recent phone conversations with Mn/DOT indicate the City share would increase by $19,000 while the actual construction cost would increase $64,000. Due to time'con- straint associated with bidding S.P. 1985-76, the GE increase will be accomp- lished with a supplemental agreement after the bid date. A summary of the City cost participation for S.P. 1985-76 is summarized below: CITY PARTICIPATION • Schedule I, 9-26-83 $25,105.21 GE 20 West Blue Gentian Road 19,000.00 Sub -Total $44,105.21 + 4.31% Mobilization, Field Office, Traffic Control, Etc. 1,901.50 Sub -Total $46,006.71 8% Construction Engineering 3,680.54 TOTAL CITY .................... $49,687.24 Therefore it is assumed that Mn/DOT portion will be the project cost for street less the City participation ($429,390 - $49,687.24 - $379,700) as shown on the Summary for Revenue Sources. Page 1. 9240b ►4` City of Eagan Eagan, Mn. 55121 Attn: Mr. Tom Colbert Re: Blue Gentian Road — Proj. No. 349 Our File No. 49242 February 9, 1984 I have not assumed any assessment appeals which are anticipated with this pro— ject. If you have any questions, please contact this office. Yours very truly, BONESTR00, ROSENE, ANDERLIK b ASSOCIATES, INC. Mark A. Hanson MAH:mb Encl. Page 2. 9240b �4� • • SUMMARY REVENUE SOURCES BLUE GENTIAN ROAD PROJECT NO. 349 INCLUDES MN/DOT PORTION • PROJECT COST REVENUE BALANCE STORM SEWER Lateral $171,370 Trunk 20,720 Lateral Assessment $132,385 Mn/DOT 192,090 TOTAL $192,090 $324,475 +$132,385 STREET Lateral $429,390 Lateral Assessment $310,551 Mn/DOT 379,700 • $429,390 $690,251 +$260,861 TOTAL +$393,246 The estimated project balance is +$393,246. It is assumed this balance will be distributed to the trunk storm sewer and major street fund. 9240b 141 SUMMARY REVENUE SOURCES I -35E UTILITY CROSSINGS AND STREET IMPROVEMENTS PROJECT NO. 372 INCLUDES MN/DOT PORTION PROJECT COST REVENUE BALANCE I. WATERMAIN Lateral $14,630 Trunk 92,680 Lateral Assessment $3,380 $107,310 $3,380 —$103,930 II. SANITARY SEWER • Lateral $21,020 Lateral Assessment $4,260 $21,020 $4,260 —$16,760 1, III. STORM SEWER Lateral $113,900 Trunk 305,920 Lateral Assessment $105,157 Trunk Assessment 216,925 Mn/DOT, Dakota County 306,200 $419,820 $628,282 +$208,462 • IV. STREET (A) DEERWOOD DRIVE 9332b Street, Sidewalk Trailway $525,400 Street Assessment $120,030 Sidewalk Assessment 27,804 Trailway Assessment 8,337 Mn/DOT 510,690 $525,400 $666,861 +$141,461 PROJECT COST (B) FEDERAL DRIVE (NEST FRONTAGE ROAD) Street Sidewalk $409,390 Street Assessment $239,913 Sidewalk Assessment 13,590 Mn/DOT 299,600 Total $409,390 $553,103 +$143,713 (C) . DIFFLEY ROAD (CO. RD. NO. 30) Street Sidewalk Trailway $160,900 Street Assessment $51,117 Sidewalk Assessment 3,790 Trailway Assessment 2,770 �� Mn/DOT, Dakota County 101,880 $160,900 $159,557 -$1,343 TOTAL............ +$371,603 estimated project balance is +$371,603. It is assumed this balance will :istributed to their respective trunk funds. -2-. 9332b SUBJECT TO APPROVAL I • MMMTE.S OF A REGULAR MEETING OF THE HAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 21, 1984 A regular meeting of the Eagan City Council was held on Tuesday, February 7, 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, Consulting Engineer Rosene, Public Works Director Colbert, City Planner Runkle and City Attorney Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the Agenda'as pre- sented. All voted in favor. Councilmembers reviewed the proposed minutes for the regular meeting of February 7, 1984, with action to be taken on the Minutes at the next regular meeting. Wall OX" M I , City Administrator Tom Hedges stated that during 1983, the 1978 Nova (used police car) was approved for replacement in the Building Inspection Department. The City authorized the purchase of a 1984 one-half ton (F100) pickup from Southview Chevrolet in the sum of $8,916.00 and it was noted that Southview will now offer a second pickup at the same price. . The budget provided for $10,500.00 for 1984 for a replacement truck for the Chief Build- ing Inspector. Staff recommended the pickup be purchased with equipment certificates and upon motion by Smith, seconded Wachter, it was resolved that the recommendation be approved for the purchase of a 1984 one-half ton F100 pickup from Southview Chevrolet in the sum of $8,916.00, with the condition that the staff investigate the potential for purchasing a V-6 engine. All voted in favor. CONSENT AGENDA The following consent agenda items were presented by the staff and recom- mended for approval by them: 1. Personnel Items. It was recommended that Jeff McGuffee be hired under the Minnesota Emergency Employment Development Act (MEED) for six months at a rate of $4.00 per hour as a level one custodian. In addition, it was • recommended that Steven Grimm, currently a cadet with the Eagan Police Depart- ment be appointed by the City Council as a full time police officer, effective March 1984. 1 Council Minutes February 21, 1984 2. MEED Agreement. An agreement has now been received from Dakota County covering employment by the City of Eagan of MEED employees and it was noted that four persons are now employed under that program in the City. It was recommended that the Mayor and City Clerk be authorized to sign the MEED Agreement and the Agreement be approved. 3. Knights of Columbus Bingo License. It was recommended that the City Council approve a bingo license for the Knights of Columbus for April 6, 1984 with Don Wilson O'Grady as the Bingo Manager. 4. Project 4398 _ Suncliff 2nd Addition. A Petition has been received from the developer of Suncliff 2nd Addition for the installation of streets and utilities to service the 2nd Addition. The developer has waived the right to notice of hearing and guaranteed costs associated with the feasibility report. It was recommended that the Petition from Advance Developers, Inc. be accepted and authorize the preparation of a feasibility report for Project 4398 and the preparation of detailed plans and specifications. Upon motion by Smith, seconded Egan, it was resolved that the foregoing Consent Agenda items be approved and implemented. All voted in favor. • • CINNAMON RIDGE 3rd ADDITION - CONTRACT #82-7 It was recommended that Change Order 42 to Contract 482-7 consisting of streets and utilities in Cinnamon Ridge 3rd Addition in three parts with an add of $4,713.08 , an add of $662.35 and an add of $1,561.54 for a total of $6,936.97 be approved and that the Mayor and City Clerk be authorized to execute the related documents. Upon motion by Wachter, seconded Egan, it was resolved that the foregoing recommendation be approved. All voted in favor. YANO3E DOODLE RE mvOIR - REPAINTM - PROJECT #394 A feasibility report has now been received for the repainting of the Yankee Doodle Road 5 million gallon water reservoir, which has not been painted since its construction in 1971. Smith moved, Thomas seconded the motion to receive the feasibility report for Project 4394 and to approve the preparation of detailed plans and specifications for Contract 484-4 to include an alternate for the City name to be painted on the tank. All voted yea. COUNCIL HANDOUTS The City Administrator distributed the following handouts to the City Council. a. 1984 Budget. 2 • • Council Minutes February 21, 1984 b. Draft of Environmental Impact Statement for the Minnesota Jockey Club, noting that a hearing will be scheduled on the EIS on March 8, 1984. c. AMM 1984 proposed Legislative proposal. It was suggested that school zones be more thoroughly defined in the proposed Legislative revisions regarding speed limit zones. BLUE GER71M ROAD — PROJECT #349 - HEARIN Mayor Bea Blomquist convened the public hearing concerning Project 4349 consisting of streets and storm sewer improvements in the Blue Gentian Road area. Mr. Colbert introduced the project and Consulting Engineer Bob Rosene detailed the feasibility report. A letter from attorney Howard Stacker on behalf of RES Investment Company and 494 Investment Company requesting that assessment issues be forwarded to the special assessment committee, was also introduced. After review of the project, interested persons in the audience had questions or made presentations. Mary O'Neill from the O'Neill Homestead area questioned whether there was • benefit to the O'Neill First Addition by the proposed improvements. The relocation of Blue Gentian Road and the MnDOT acquisition of right-of-way north of the O'Neill First Addition was discussed. MnDOT has indicated that it would turn back that area of land and that the City could then vacate or convey the property to the adjoining property owners in the event the property owners so desire. There was considerable discussion concerning the alignment of Blue Gentian Road west of Trunk Highway 0149 and it was noted the alignment was intended to align with the.entrance road of the Laukka-Beck commercial center. There were questions about the assessment method against the O'Neill area. Agnus Polzin was present and stated that no notice had been sent to the owners in her area but it was explained that that area will not be assessed. There were also questions about cutting down traffic on Blue Gentian Road and methods intended to be utilized, including signing, and the fact that the road will be in a rough condition which should discourage traffic. After 45 minutes of discussion, Egan moved, Smith seconded the motion to close the public hearing and approve Project 0349 with the understanding that !the con- cerns of Mr. Stacker will be forwarded to the Assessment Committee;; further that the concerns of the O'Neill family will be reviewed by the staff and the council. Councilman Wachter suggested that the alignment of Blue Gentian Road to the west of 0149 run south of the residential area, but it was noted that there was no plans for development of that land at the present time. IThose in favor were Blomquist, Smith, Egan and Thomas; Wachter voted no. E F 0 Council Minutes February 21, 1984 • I -35B STREETS AND UTILITIES - PROJECT /372 The next public hearing convened by Mayor Blomquist concerned street and utility crossings of I -35E, under Project 0372. The feasibility report was reviewed by Mr. Colbert and Mr. Rosene consisting of a detailed report cover- ing all of the proposed installations of utilities and street work. Mr. Colbert indicated that it was important that the Council make a decision on the installation at the present time before the highway construction is com- menced. There was considerable discussion concerning proposed assessments, including street improvements. John Klein appeared on behalf of Leo Murphy and had questions concerning street assessments on the Murphy property. He suggested the Assessment Committee review the issues and had questions about access to Deerwood Drive and the Murphy road from the Murphy property. Marlene Dolling from Deerwood Drive, questioned assessments for streets along Deerwood Drive and it was noted that the City has participated in the cost and will assess normal City residential equivalents for residential property benefited by the improvements. John Klein also appeared for Francis Franz and questioned the assessments where MnDOT pays for the cost. Mr. Colbert explained the City cost participation and Mr. Klein asked that the issues be referred to the assessment committee. After one hour of discussion and re- • view, Smith moved, Wachter seconded the motion to close the public hearing and approve Project 0372, including the preparation of detailed plans and specifi- cations, noting the property owners can request referral to the Assessment Committee for proposed assessments. All voted in favor. GEORGE & MIRIAA HALL - VARIANCE - PILOT KNOB ROAD The application of George and Miriam Nall for a variance from the five acre provison, in order to keep horses on a 4 1/2 acre parcel on Deerwood Drive and Pilot Knob Road, was next brought before the Council. Mr. Dale Runkle, City Planner, reviewed the application and noted that the Advisory Planning Commission had recommended denial for specific reasons. Since the Advisory Planning Commission meeting, the applicant has discussed the issues with the neighbors and it was recommended that in the event that the Council approve the application, it be subject to the following: That a special permit be on a one year basis, that the permit be limited to three horses with adequate storage of grain, hay and disposal of manure and also adequate fences be installed. Miriam Nall was present as were Alyce and Ted Bolke. The Bolkes indicated there were no objections from neighbors if those conditions outlined above were implemented. Ms. Nall indicated that the applicant would conform with all City requirements and it was recommended that a three -wire fence with corner braces be included. Smith moved, Wachter seconded the motion to approve the application based upon the conditions mentioned above. Those in favor were Smith and Wachter; those against were Blomquist and Egan; • Thomas abstained and the motion failed. 4 Council Minutes • February 21, 1984 PERRY KIIEFFER - DODD ROAD - CONDITIONAL USE PERMIT The application of Perry Kieffer for conditional use permit for commer- cial storage facilities in an agriculturally zoned district on Dodd Road was presented to the Council. The Advisory Planning Commission recommended approval subject to conditions on the 5 acre parcel. After a brief discus- sion, it was noted that the applicant was not present. Smith moved, Egan seconded the motion to continue the application until the applicant appears later in the meeting. All voted in favor. SUNSET 4TH ADDITION - PRELIMINARY PLAT The next application presented to the Council was the application of Tri - Land Company and Brad Swenson for preliminary plat approval of Sunset 4th Addition, consisting of 15.16 acres with 32 single family lots. The Advisory Planning Commission recommended approval of the application, subject to condi- tions. Dale Runkle introduced the application and reviewed the proposed street access from the west from Northview Meadows and explained the rough- ness of the topography. There was a question from Councilmembers concernng. • the bubble from the lots to the north, and the normal objection to the use of bubbles on streets. Brad Swenson was present as was Laura Marks on behalf of the applicant and explained the reasons for not splitting the south tier of lots, due to the steep terrain. He noted there was up to 18% slope and that the Comprehensive Plan recommends that lots not be approved in a maximum of 15%• He stated that neighborhood meetings have been held and everyone present at the meetings supported the design. He also noted there is a transition from smaller to larger lots from north to south and discussed Hackmore Drive. There was considerable discussion concerning the extension of Hackmore Drive to serve the property to the south and the need for funding of the road and utility improvements in Hackmore Drive. Mr. Sauter, a neighboring owner, submitted a letter and Mr. Travers, a property owner to the southeast, to- gether with other property owners in the general area were present. Gordon King was also present and recommended the outlots on the south tier of, lots be included to protect the King land to the south so that the cost of the road and utility improvements could be shared. Mr. Travers favored large lot transition and Tom Colbert recommended that the property owner either provide for outlots on the south portion of the south tier of lots, or the posting of an escrow sufficient to cover future streets and utility improvements within the street. After lengthy discussion, Smith moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. That the applicant be required to escrow sufficient funds ,to cover proposed street and utility improvements for Hackmore Drive. • 2. That outlots be provided on the south portion of the southly tier of lots within the subdivision. 5 Council Minutes February 21, 1984 3. All lots shall meet the minimum R-1 zoning criteria which is 85 foot lot width and 12,000 square feet. 4. The applicant shall dedicate all easements as requested by City staff. 5. All other City ordinances shall be met. 6. A detailed grading and erosion control plan shall be submitted for staff review. 7. If utilities are to be installed privately, then the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. 8. Right-of-way for Yorktown Place shall be extended to the east boun- dary line of the Sunset 1st Addition. • 9.i This development shall be responsible for placing the gravel base for Yorktown Place. 10. A minimum 25 foot half right-of-way shall be dedicated for Hackmore • Drive. 11. Utility and drainage easements shall be dedicated as referenced in this report. 12. All future costs for public improvements shall be the sole respon- sibility of this proposed development. 13. The developer shall submit a petition for the street improvement of Yorktown Place as a condition of final plat approval. 14. Utilities shall be extended to the east line of Sunset 1st Addition. All members voted in favor. BURNSVIME-EAGA9 CARL WNISSIOA UPATE Mr. Hedges and Councilman Smith reviewed the progress of the Burnsville - Eagan Cable Commission, noting there had been monthly meetings, together with considerable committee work. The single head end issue is being discussed by Cable Commission members and the Commission is proposing hiring staff personnel within the near future. • 0 Council Minutes is February 21, 1984 Hour - I-494 COST PARTICIPATION AGREBt+mT Cost Participation Agreement 061824 with the Minnesota Department of Transportation covering I-494 was submitted by the staff and recommended for approval. Noting that Project 0349 has now been ordered in, Egan moved, Thomas seconded the motion to approve the resolution approving Cost Participa- tion Agreement 061824 and authorize the execution of the document. All voted in favor except Wachter who voted no, noting that he did not agree with the location of the west Blue Gentian Road connection. NnDOT I -35H COST PARTICIPATION AGREEMENT The staff then presented proposed Cost Participation Agreement 061932 regarding I -35E improvements with MnDOT. Project 0372 has now been ordered in by the City Council and upon motion by Smith, seconded Egan, it was resolved that the resolution approving MnDOT's Agreement 061932 be approved and the documents be authorized for execution. All voted in favor. • HOOT COST PARTICIPATION AGREMENT 061933 E Cost Participation Agreement with MnDOT 061933 covering Diffley Road and Pilot Knob Road area improvements was next submitted to the City Council for review and approval. It was noted that the Agreement covers a portion of Project•0372 and upon motion by Wachter, seconded Thomas, it was resolved that the Dakota County Cost Participation Agreement relating to MnDOT Agreement 061933 for the upgrading of Diffley Road and Pilot Knob Road associated with I -35E be approved and the Mayor and City Clerk be authorized to execute the related documents. All voted in favor. i LONE OAK ROAD - TRUNK HIGHWAY 055 - MATER MAIN - CONTRACT 084-1 On November 15, 1983 the public hearing was held and the project approved which consisted of three parts relating to 1) trunk water main along:the west side of Trunk Highway 055/0149; 2) consisting of relocation of hydrants and lowering/insulating the existing watermain and relocating fire hydrants along the west side of Trunk Highway 0149; and 3) the westerly extension;of trunk water main facilities from Pilot Knob Road at Duckwood Drive. The bids have now been received and they were tabulated and presented to the Council. The staff recommended approval of the alternate bid with the 20 inch diameter trunk water main along the west side of 0149. ' Wachter moved, Egan seconded the motion to receive the bids and award the contract based on the, alternate bid to W & G Rehbein Bros. All voted yes. 7 Council Minutes February 21, 1984 • ALMOUIST LAKE LIFT STATION - CONTRACT 084-3 The plans and specifications have now been completed for Contract #84-3 consisting of the Almquist Lake lift station improvements and it was recom- mended that the Council approve the plans and specs and authorize the adver- tisement for bid opening to be held at 10:30 a.m. on Thursday, March 15, 1984 at the Eagan City Hall. Upon motion by Smith, seconded Egan, it was resolved that the recommendation be approved and the clerk be authorized to advertise for bids. All voted yea. CINNAMON RIDGE 3rd ADDITION - CONTRACT 082-7 The final payment request has now been made for street and utility im- provements under Contract 082-7 in Cinnamon Ridge 3rd Addition and it was noted all costs associated with the project will be assessed against the development property. It was recommended that the 7th and final payment of $25,707.03 to Austin P. Keller Construction Co. be approved and the project be accepted for perpetual maintenance. Egan moved, Wachter seconded the motion to approve the recommendation and authorize the implementation of Contract • 082-7 as recommended by the staff. All voted yea. 1984 SEVER AND WATER UTILITY USER RATES The firm of Bonestroo, Rosene, Anderlik h Associates has performed a study pertaining to sewer and water utility user rates in relation to expenses and required revenue to maintain the sewer and water service for the City and presented a report to the Council. Wachter moved, Thomas seconded the motion to receive the 1984 report and to approve the recommendation for no increase in rates during 1984. All voted yes. TRUNK -RELATED ASSESSMENT RATES - 1984 A further report was submitted from Bonestroo, Rosene, Anderlik & Asso- ciates, Inc. reviewing the construction costs associated with completing the trunk system, including sanitary sewer, water, storm sewer and major streets. The average proposed trunk related assessment increase was 5% and the staff recommended approval. Upon motion by Wachter, seconded Egan, it was resolved that the report be received and approved, modifying the trunk assessment rates effective January 1, 1984. All voted in favor. • 0 Council Minutes February 21, 1984 EAGAN CITY CODS UPDATE Tom Hedges discussed with the Council the staff's review of Ordinances that were adopted by the City Council, effective January 1, 1983, changes that have been proposed by the Council since that time, and proposed revisions that have been made by the staff. He noted that meetings have been held with Municipal Ordinance Codifiers personnel and staff members and a draft of several different ordinance revisions was submitted for Council review. Changes were due to corrections, changes in State law, and others by direction of the City Council. It was noted that it would be advisable to address them annually and also that all revisions were appropriate for Council action except those within Chapters 11 and 13 regarding zoning and subdivision where public hearings were required. It was recommended that the public hearing notice for moving residential homes be sent to property owners within 350 feet, rather than 500 feet. There was also discussion concerning status offenses in relation to curfews and a request was again made by the City Council for the staff and City Attorneys to review that issue with further report to the Council. Egan moved, Thomas seconded the motion to approve the proposed Ordinance revisions and authorize their publication in the legal • newspaper with the 500 foot notice regarding moving residential buildings changed to 350 feet; that the staff submit further information concerning the curfew ordinance and for final Council adoption and further, to exclude those portions of Chapter 11 and 13 requiring public hearings. All voted in favor. • PERRY KIEFFER - CONDITIONAL USE PERMIT Noting that Mr. Kieffer was not present, Blomquist moved, Smith seconded the motion to continue the application of Mr. Kieffer for conditional use permit until the next regular meeting. All voted yes.• MUNICIPAL LEGISLATIVE COMMISSION HANDOUT Tom Hedges distributed to the City Council -members information submitted by the legislative consultants regarding the municipal legislative committee. STAR CITY PROGRAM UPDATE Mr. Hedges stated that certain expenses will be incurred by the Star City Program Committee and Councilmembers approved such expenses, noting no offi- cial action was required because the Council had authorized the formation of the Committee. 0 Council Minutes February 21, 1984 DISTRICT #196 SCHOOL RESOLUTION Mayor Blomquist submitted a resolution proposed to be adopted by the City Council regarding the location of schools needed by IDS 0196, including loca- tion, boundary of attendance of each school, costs of the schools and costs of busing. Blomquist moved, Egan seconded the motion to approve and adopt a resolution and forward it to the School Board. All voted in favor. CHECKLIST Upon motion by Wachter, seconded Egan, it was resolved that the following checklist be approved dated: All voted in favor. r u1—i'n Upon motion by Smith, seconded Wachter, it was resolved that the Council adjourn at 11:45 p.m. All voted yea. • r PHH City Clerk 10 •