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04/03/1984 - City Council RegularREGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL APRIL 3, 1984 6:30 P.M. AGENDA I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE I1. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES e,\ III. 6:35 - APPEARANCE BY REPRESENTATIVE ART SEABERG IV. 6:35 - DEPARTMENT HEAD BUSINESS Q•\ A. Fire Department Q•� C. Park Department \ B. Police Department p, D. Public Works Department V• I 6:55 - CONSENT ITEM (One Motion Approves All Items) 4 A. Contractor's License e, e./p B. Temporary Gambling License for Eagan Lions and Lioness Club for April 28 C. Cancellation of Grading Permit ,",09073 (Lone Oak Heights) P1 dB D. Change Order 1/1, County Contract 30-01 (Diffley Road) P 9 E. Personnel Items P'Q F. Model Home Permit Applications, Westbury Addition P G. Utility Easement Vacation, Receive Petition/Order Public 11 P (Knob Hill of Eagan) U161. H. Grading Permit Application, Lexington Square 1st Addition I. Grading Permit Application, Hillandale 2nd Addition Pt� J. Utility Easement Vacation, Receive Petition/Order Public Q' (Windtree 2nd Addition) VI. 7:00 - PUBLIC HEARINGS 14 A. Proiect 396, Westbury Addition (Streets & Utilities) k2 B. Pro+ect 395, Lexington Avenue (Trunk Watermain/Booster Station) C. Pro+ect 348, Coachman/Four Oaks Road (Streets) VII. OLD BUSINESS p 69 A. Timberline Civic Association Request to Review Level of Noise Emission at Sperry Semi Conductor Plant \4 �j B. Perry Kieffer for a Conditional Use Permit for Commercial Storage Facilities in an Agricultural Zoning District in Part of the SW} of the NE} of Section 24, 3955 Dodd Road, \p'L Parcel 10-02400-010-05 (1 C. City Code Update/Revisions • \\� D. Appointment of Advisory Planning Commission Alternate 4 u Hearing Hearing City Council Agenda City of Eagan April 3, 1984 Page Two VIII.. NEW BUSINESS A. Paul Holmes for Preliminary Plat, Holmes Addition, Containing l Acre Consisting of Two Single Family Lots, in Part of the NW} of the NWk of Section 10, T27N, R23W, Parcel No. 10-01000-020-29, Lying North of Quarry Lane and Towerview Road B. Lexington South Associates, for PreliminaRY Plat, Sunset 5th `• Addition - Access to Property North & West - Part of NA of Section 25 C. J. E. Parranto Associates for a 20' Side Setback Variance p' for Lot 26, Block 1, Tiberon 1st Addition, Section 29 o �A'� D. Rolf F. Anderson for a 2' Side Setback Variance for Lot 11, Block 1, Wilderness Run 6th Addition, Section 27 1X. ADDITIONAL ITEMS %S2. Final Plat Approval -Fawn Ridge (Countryside Builders) Pp1S� B. Final Plat Approval -Westbury Addition (Gabbert Development) 1 `S6 C. Final Plat Approval-SuperAmerica Addition (Ashland Oil) D. Final Plat Approval -Berkshire Ponds (Derrick Land Co.) 59 E. Contract 84-5, Approve Plans/Order Bids (Westbury Addition -Streets) ?'16O F. Contract 84-4, Receive Bids/Award Contract (Yankee Doodle Reservoir -Painting) 62- Drive Project 406, Receive Petition/Authorize Feqsibility Report (Hackamore �1�6 Drive - Streets & Utilities) ` X, VISITORS TO BE HEARD (For those persons not on the agenda) XI. ADJOURNMENT MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 29, 1984 SUBJECT: AGENDA INFORMATION MEMO FOR APRIL 3, 1984 CITY COUNCIL MEETING After approval of the March 22, 1984, regular City Council minutes and the agenda for the April 3, 1984, City Council meeting, the following items are in order for consideration: REPRESENTATIVE ART SEABURG Mayor Blomquist has received a letter from Representative Art Seaburg who is asking for time to appear on the City Council agenda at the April 3 meeting. He 'stated in his letter that he would like the opportunity to explain and discuss current matters pending before the State Legislature that might affect local government. Mr. Seaburg will be present and since there is no Department Head business planned, there should be adequate time for Representative Seaburg to make comments and allow for questions by the City Council. A. Fire Department -- There are no items to be discussed under Fire Department at this time. B. Police Department -- There are no items to be discussed for the Police Department at this time. C. Parks Deparment -- There are no items to be discussed for the Parks Department at this time. D. Public Works Department -- Project 395, Lexington Avenue Booster Station - Site Location -- Enclosed on page is a site plan showing the location of the 1.5 acres of land that the Council authorized the City to acquire for the construction of the booster station under Project 395 and the future water reservoirs as a part of our Comprehensive Water Distribution Plan. In reviewing this location with the developer, Mr. Jim Curry of Lexington South, Inc., and some perspective buyers of the property in this general vicinity, the staff has been asked to review the proposed location of this booster station to be constructed in 1984/85 which will contain the future round reservoirs to be constructed after the year 2000. The concern evidently relates to potential future objections of obstructed view from the property to be developed in the immediate northwest corner of new Lexington Avenue and Diffley Road. It appears that the view from this property is all directed to the north where the ground elevation falls away and provides a panoramic view. This view would be obstructed by the future water reservoirs construction. CG Agenda Information Packet April 3, 1984 City Council Meeting Page Two `J Consequently, staff has reviewed the potential of moving this 1.5 +/- acres further to the south so that it would be located right at the intersection of Diffley and new Lexington Avenue. This would have two advantages for the City as follows: 1. It would eliminate any potential objections from future property owners when the City was to construct the two ground reservoirs creating an obstructed view for the multiple density development that is proposed. 2. It would require the entrance. to the multiple density development to be located further away from a future major intersection of Lexington 'Avenue and Diffley Road. As it is proposed right now, with the development right in the extreme corner, the entrance to a multiple density would have to take direct access onto County Rd. 30 or County Rd. 43 (Lexington Avenue) which could create problems when traffic volumes through this intersection are greatly increased in the future when saturation development occurs. Subsequently, the Director of Public Works would like to review with the City Council the relocation of the proposed water booster station and ground reservoir to the northwest corner of the intersection of new Lexington and Diffley Road. The acquisition of this property has not been finalized and it would not create any complication in the transfer if the City Council were to concur with this staff recommendation. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the new site for the proposed water booster station and ground reservoirs. 2 i 0 11 SSW 1/4 SEC., 23,127, R. � i 010-00 i f�LWfC'YT ALOVI T! Y/Oh PoRT'p•pT !'a M- • I ' OMd� • � 1 `�-- rrer• -- •8 ___—__ ___ IQROPefGO Ac0/i t.rrNy I _ oe i ae C NTY _!TATE p/RFL a J 0toll E^ rA 3 City of caw 013 -BZ HVIEW City It Oi PF i Agenda Information April 3, 1984 City Page Three 0 0 Packet Council Meeting There are ten (10) 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. CONTRACTORS' LICENSE A. Contractors' License -- The City has received contractor license applications for contractors who do work in the City of Eagan and seven -county metropolitan area. All of these contrac- tors are considered reliable according to the Protective Inspections department. The necessary documents and fees have been submitted and it is the recommendation of the Chief Building Inspector that the contractors' license, per City Code Chapter 6.42, be approved. Enclosed on page(s) S' is a copy of the contractors list. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the contractor's license as referenced. 0 0 FOR APRIL 3, 1984 CITY COUNCIL MEETING: GENERAL CONTRACTORS: 1. BASIC BUILDERS 2. CORPORATE CONSTRUCTION, INC. 3. COUNTRYSIDE BUILDERS 4. DEVELOPERS CONSTRUCTION INC 5. HERITAGE ENERGY HOMES, INC. 6. MERLE'S CONSTRUCTION - 7. LAUBACH CONSTRUCTION, INC. 8. PIERSEN ESTATES/DEVELOPMENT 9. RUSCON HOMES, INC. 10. SUNSHINE CONSTRUCTION CO. 11. VITALE, ANDREW (HOMEOWNER) 12. STEVE NELSON CONSTRUCTION HEATING & VENTILATING CONTRACTORS: 1. CONTROLLED AIR 2. HALL'S HEATING INC. 3. METRO AIR 4. MINNESOTA MECHANICAL MASONRY, CEMENT WORK: 1. METROPOLITAN FIREPLACES, INC. 0 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Four TEMPORARY GAMBLING LICENSE/LION & LIONESS CLUB B. Temporary Gambling License for Eagan Lions and Lioness Club for April 28 -- The Eagan Lions and Lioness Club have requested a temporary gambling license for a casino night scheduled on April 28, 1984, at the Diamond T Ranch. License for temporary gambling have been approved for the Eagan Lions and Lioness Club in the past and, therefore, this application is consistent with previous applications. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize a temporary gambling license for the Eagan Lions and Lioness Club for April 28, 1984. 9 0 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Five CANCELLATION OF GRADING PERMIT/LONE OAK HEIGHTS C. Cancellation of Grading Permit #09073 (Lone Oak Heights) -- We have received a notice of cancellation of insurance coverage for the City of Eagan which was a requirement to the grading permit issued for the Lone Oak Heights subdivision during late summer of 1983. Subsequent follow up with the developer, Balfany Development, indicate that due to current problems pertaining to the association of Orrin Aune with this development, the developers wish the previously approved grading permit to expire rather than to renew and resubmit the appropriate insurance certificates protecting the City of Eagan. ACTION TO BE CONSIDERED ON THIS ITEM: To cancel the previously approved grading permit #09073 issued to the Lone Oaks Heights development through Belfany Development, Inc. 7 Agenda Information April 3, 1984 City Page Six C: Packet Council Meeting 0 CHANGE ORDER #1, COUNTY CONTRACT/DIFFLEY ROAD D. Change Order #1, County Contract 30-01 (Diffley Road) -- During the installation of utilities within the proposed improve- ments of County Road 30 (Diffley Road) under County Contract 30-01 during the fall of 1983, it was determined that the existing material underneath the existing service drives is inadequate to provide the proper support for construction of the proposed improvements. Subsequently, a change order 'was prepared to remove approximately 4,300 C.Y. of poor subgrade material to be replaced with granular backfill 'at an additional cost of approximately $30,000. The cost of this change order will be handled by supplemental agreement mto the cost participation agreement presently in effect between the County and the City for improvements to County road contracts. ACTION TO BE CONSIDERED ON THIS ITEM: To approve change order #1 to County Contract 30-01 for an ADD $29,995.60 and authorize City personnel to execute all required documents. 0 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Seven SPECIAL ASSESSMENT AIDE Personnel Items 1. With the approved 1984 budget, the Finance Department increased their half-time utility billing clerk to a full-time clerk typist. With the transfer of Nancy Ohm to fulfill this full-time position within the Finance Department, the Public Works Department had to fill the vacancy of the other half-time position providing assistance to the Special Assessment Clerk. Subsequently, the Director of Public works conducted interviews for this part-time position and is subsequently recommending that the City Council authorize the hiring of Barbara Jean Thompson from Apple Valley for the Special Assessment Aid in the Public Works Department at a compensation and benefit package as provided for in the current Union Contract and City policy. The hiring should be contingent upon successful passage of the City's required medical/ health examination. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the hiring of Barbara Jean Thompson as a part-time Special Assessment Aid within the Public Works Department. E Agenda Information April 3, 1984 City Page Eight 0 Packet Council Meeting LA Model Home Permit Applications/Westbury Addition £. Model Home Permit Applications, Westbury Addition -- We have received an application from Gabbert Development requesting the issuance of three building permits for model homes to be located on the following lots: Lots 2, 3 or 4 of Block 3 Lots 1 and 2 of Block 1 (Duplex Unit) Lots 5 or 6 of Block 6 Due to the requirement that no building permits can be issued until the final plat has been recorded at Dakota County, it is necessary for the Council to grant special authorization for the premature issuance of these building permits as requested. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the issuance of a building permit for model home purposes on Lots 1 and 2, Block 1; Lots 2, 3 or 4 of Block 3; and Lots 5 or 6 of Block 6, Westbury First Addition. 0 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Nine Utility Easement Vacation/Knob Hill of Eaqan G. Utility Easement Vacation, Receive Petitions/Order Public Hearing (Knob Hill of Eagan Addition) -- we have received a petition to vacate a small triangular segment of a utility easement to facilitate the construction of a double garage for the townhouse development in lieu of the originally planned single garages. Preliminary review of this by the staff indicates there should be no objection associated with this. However, a public hearing will be necessary as this is a publicly dedicated drainage and utility easement. Enclosed on pages �+ through A is a copy of the petition, legal description and graphic location of this easement to be vacated for the Council's reference. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and schedule a public hearing to be held on May 1, 1984, for the vacation of a portion of the utility easement located within Block 1 of the Knob Hill of Eagan Addition. • FCR CIT': 11SE C:ILy Petition N Date Received ,Z7�fi i ( PFTIT.ION Presented to Council LOCATION/SUBDIVISI0i1 KNOB HILL OF EAGAN I/vie, the undersigned, owners'of the real property adjacent to Street) or within Lot 2, Block 1, KNOB HILL OF EAGAN hereby petition for: Subdivision, Street improvements Sanitary Sewer Water Supply (Check requested items) Storm Sevier Street Lights u Tl,, r y Other C' (Explain) Vacation of Easement (Legal attached) I/we understand that upon receipt of this petition, a public hearing will be held. Irregardless of approval or denial of the requested vacation at the time of public hearing, I/we hereby guarantee payment for all costs incurred in the processing and recording of this requested vacation, 3. 4. 5. 6. 7. 8. 9. McCOMBS-KNUTSON ASSOCIATES, INC. r !';+ CONSULTING ENGINEERS O LANG SURVEYORS ■ PLANNERS Reply To: 12800 Indunrial Park Boulevard Plymouth, Minnesota 55441 18121 559.3700 KNOB HILL OF EAG AN Proposed vacation - Easement That part of the utility and drainage easement las delineated on Lot 2, Block 1, KNOB HILL OF EAGAN according to the recorded plat thereof, Dakota County, Min- nesota described as follows: Commencing at the northwest corner of said Lot 2; thence North 85 degrees East along the north line of said Lot 2 a distance of 30.08 feet; thence south 00 degrees 45 minutes 33 seconds East, 108.62 feet; thence North 44 degrees 14 minutes 27 seconds East 33.01 to the point of beginning; thence continue North 44 degrees 14 minutes 27 seconds East 26.85 feet; thence south 79 degrees 58 minutes 27 seconds west 21.80 feet; thence South 10 de- grees Ol minutes 33 seconds East 15.68 feet to the point of beginning. Date: 3/13/84 06293 13 printed on recycled paper Ma601B 09 t ter• ,kdMH6IH V 11v0,89,99= v" d I 31tJ1S A1Nn0� 00 *G w ` v y N IW e2e'sce ° � v r1i Zlw i d- — l011no 020 66.21£ 3 „60 ,10. 18N At^- 66'L8Z 13 N nOZ.L J an \ � -, (b d �� wasoa-abou,olpos 01� /-f'/./��IJ `alb of of o p / I . 0 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Ten Grading Permit Application/Lexington Square Addition H. Grading Permit Application, Lexington Square Addition (Phase 1) -- With the recent approval of the preliminary plat for the Lexington Square Addition, staff has received an application for a grading permit for the first phase which incorporates approximately 42 acres. All permit requirements have been received, reviewed and approved by the staff and found to be in order for favorable consideration by the Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the grading permit application for Lexington Square 1st Addition as submitted by Northland Development Company. 16' Agenda Information Packet April 3, 1984 City Council Meeting Page Eleven Gradinq Permit Application/Hillandale 2nd Addition I. Grading Permit Application, Hillandale 2nd Addition With the recent approval of the preliminary plat for the Hillandale 2nd Addition, the staff has received an application for a grading permit for the first phase of this development. All grading permit requirements have been received, reviewed and approved by staff and found to be in order for favorable consideration by the Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the grading permit applications for the Hillandale 2nd Addition, first phase, as submitted by the Michael Construction Company. 14 Agenda Information April 3, 1984 City Page Twelve 0 Packet Council Meeting 0 Utility Easement Vacation/Windtree 2nd Addition i. Vacation of Utility Easement, Receive Petition/Order Public Hearing (Windtreet 2nd Addition) -- We have received a petition to vacate the common lot line drainage and utility easements over all lots within the Windtree 2nd Addition with the exception of lots 13 and 14 of Block 3. These public utility and drainage easements must be vacated to accomodate the replat of this subdi- vision into the Windtree 3rd Addition which requires the relocation of the existing side lot lines. These utility easements will be replaced in like kind with the final platting of the Windtree 3rd Addition. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and order the public hearing to be held on May 1, 1984, for the vacation of the drainage and utility easements over the common lot lines within the Windtree 2nd Addition. 17 Agenda Information Packet April 3, 1984 City Council Meeting Page Thirteen Project 396/Westbury Addition A. Project 396, Westbury Addition (Streets & Utilities) -- on February 7, 1984, the Council received a petition from Gabbert Development and authorized the preparation of a feasibility report for the installation of streets and utilities to service the first phase of the Westbury Addition development. This feasibility report was presented to the Council on March 6 with the public hearing being scheduled for April 3. Also, notices have been published in the legal newspaper and sent to all property owners who would be assessed under this project. A copy of the feasibility report was forwarded to the developer for his review prior to.the public hearing. As of this date, the staff has received no objections to this proposed improvement. Enclosed on pages�_ through is a copy of the feasibility report for the Council's reference during the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 396 for the installation of streets and utilities within the Westbury Addition. E i REPORT ON WESTBURY ADDITION UTILITY AND STREET IMPROVEMENTS PROJECT No. 396 am EAGAN , MINNESOTA File No. 49298 Bome�,, Rodeme, 1Q.d,041da C fYddac�, Yom SG Pa..4 M4mme"la 19 0 96 $T, p..( Af"...b 55119 PA. 412-696-4600 February 28, 1984 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55121 Re: Westbury Addition Project 396 Our File No. 49298 Dear Mayor and Council: 0 YMC. Gk. R. Cant RE RAR A. Grade RE Thm E ftft RE Rkh" W. Fmm RE Ra G. SAaANv. RE M. L Sa..I; P.E OarMC &wt. i. RE JIM A. Rw I RE and R A. Na.m., RE fid R. Tia. RE Mk Md T. R.PC Rohm R. Pf.ffolr. RE Dn /maom. RE CMM A. filr LM M. Po.ARJ Nnlm M. Ohm Transmitted herewith is our report for Westbury Addition, Project 396. This report covers sanitary sewer, water main, storm sewer, and street construction and includes a preliminary assessment roll. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. aC/.g�P%1 Mark A. Hanson MAH:11 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. L Mark A. Hanson Date: February 28, 1984 Reg. No. 14260 Approved b c2t/do ^ Nomas A. Colbert, P.E. Director of Public Works Date: 3 -1 -dc- y 9563b G. i E W.ft Rahn W. Ray..t RE R06 R Ja>mR C. A.dnfit P.E &adfW A. LMbV . RE Rt/md E Tkm . RE Jo C. Oho.. P.£. Gk. R. Cant RE RAR A. Grade RE Thm E ftft RE Rkh" W. Fmm RE Ra G. SAaANv. RE M. L Sa..I; P.E OarMC &wt. i. RE JIM A. Rw I RE and R A. Na.m., RE fid R. Tia. RE Mk Md T. R.PC Rohm R. Pf.ffolr. RE Dn /maom. RE CMM A. filr LM M. Po.ARJ Nnlm M. Ohm Transmitted herewith is our report for Westbury Addition, Project 396. This report covers sanitary sewer, water main, storm sewer, and street construction and includes a preliminary assessment roll. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. aC/.g�P%1 Mark A. Hanson MAH:11 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. L Mark A. Hanson Date: February 28, 1984 Reg. No. 14260 Approved b c2t/do ^ Nomas A. Colbert, P.E. Director of Public Works Date: 3 -1 -dc- y 9563b 0 0 SCOPE: This project. provides for the construction of sanitary sewer, water main, storm sewer, and streets to service Westbury Addition. Westbury Addi- tion is located in the southwest quadrant of Lexington Avenue and Wescott Road and will ultimately include 111 lots for single family and 36 lots for twin homes. The first phase of the project proposed herein includes developing 50 lots for single family and 20 lots for twin homes. Also included is the con- struction of a major trunk sanitary sewer and storm sewer to service the area east of Lexington Avenue as outlined in each of the respective Comprehensive Plans. FEASIBILITY AND RECOMMENDATIONS: This project is feasible from an engineering standpoint and is in accordance with the Master Utility and Street Plan for the City of Eagan. The project as outlined herein can best be carried out a one contract. DISCUSSION: Sanitary Sewer - Sanitary sewer proposed herein includes an 8 inch diameter lateral sanitary sewer and a 12 inch and 15 inch diameter trunk sanitary sewer to properly service the lots in Westbury Addition. It is intended the lateral sanitary.sewer in Westbury Drive be constructed at an adequate depth to prop- erly service the future lots abutting the cul-de-sac located in the southwest- erly corner of Outlot C. The trunk sanitary sewer will be constructed at a sufficient depth and capacity to service the area east of Lexington Avenue as outlined in the Comprehensive Sewer Policy Plan. However, also included in the service area for this trunk sanitary sewer is the westerly half of Subdis- trict C -JJ and C -II which was originally intended to drain easterly to Lift Station No. 54. Sanitary sewer proposed herein will .connect to the Wescott Trunk Sanitary Sewer - Project No. 361 which is presently under construction through Contract 84-2. Page 1. 9563b 21 i WATER MAIN: Water main proposed herein includes a 6 inch diameter lateral water main and a 12 inch diameter trunk water main to properly service the lots in Westbury Addition. City Project No. 395 Lexington Avenue Booster Sta- tion and Trunk Water Main (Wescott Road to Diffley Road) is also being submit- ted for the Council's consideration at this time. This trunk water main in conjunction with the existing 12 inch trunk water main in Wescott Road will be the main water supply to service Westbury Addition as shown on the attached drawing. Also included are the required number valves and hydrants. SERVICES: Sanitary sewer and water services are proposed to be constructed 15 feet beyond the property line. Service lines are proposed to be 4 inch diame- ter for sanitary sewer and 1 inch diameter for water. STORM SEWER: Storm sewer proposed herein will convey drainage from Westbury Addition to Hurley Lake (Pond JP -11 as designated in the Comprehensive Storm Sewer Plan). Presently under construction through Contract 83-17 is the storm sewer lift station and force main which when completed will convey drainage from Hurley Lake to Pond JP -47. Pond JP -47 presently discharges through a combination of controlled outlets utilizing storm sewer pipe, ponds, and lakes to the Minnesota River. Storm sewer proposed herein is separated in lateral storm sewer and trunk storm sewer. Lateral storm sewer is,the amount of storm sewer required to convey drainage within the Westbury Addition. Lateral storm sewer includes a combination of 24"9 21111 18", 15", and 12" diameter storm sewer pipe. Although 24" and 21" diameter storm sewer pipe are not proposed to be constructed as part of this project, they were used to determine the lateral storm sewer benefit amount from the trunk storm sewer system. Trunk storm sewer proposed herein includes construction of the trunk storm sewer from Pond JP -11 to Lexington Avenue as shown in the Comprehensive Storm Page 2. 9563b Z2 0 0 Sewer Plan. This trunk storm sewer will ultimately convey drainage from near- ly 2,000 acres. Trunk storm sewer proposed herein includes 48" and 42" diame- ter storm sewer pipe constructed up to 35 feet deep. Ultimately this trunk storm sewer will be constructed easterly as future development occurs. Also included was evaluating the feasibility of constructing the future force main from the Patrick Eagan Lake Lift Station (Pond JP -9 and Lift Sta- tion No. 13 as designated in the Comprehensive Storm Sewer Plan) along the west line of Westbury Addition as opposed to through the parcel located di- rectly west of Westbury Addition (McCarthy's). Both alignments are feasible, however, the alignment through McCarthy's land is less costly due to a lesser elevation which the lift station is required to pump against. It is antici- pated the initial construction cost would be $10,000 to $15,000 less while the power costs on a yearly basis assuming saturated development would be approxi- mately $2,000 to $4,000 less through McCarthy's parcel as opposed to through Westbury Addition. In any event, 'the force main. through Westbury Addition would not be required until the third phase is developed which is not antici- pated until 1986. STREET b BITUMINOUS TRAIL: Street construction proposed herein includes con- struction of a 32 foot wide street for all the streets within Westbury Addi- tion as shown on the attached drawing. Each street will be constructed to a 7 ton residential design thickness with surmountable concrete curb and gutter in conjunction with the required restoration for boulevards. Also included is construction of an 8 foot wide bituminous trail along Lexington Avenue for the first phase. It is assumed grading of the streets and trail will be done by the developer. Page 3. 9 56 3b '215 AREA TO BE INCLUDED: Assessment Area NE 1/4 SECTION 22 Parcel 012-01 Parcel 011-04 Westbury Addition (011-01) Construction Area NE 1/4 SECTION 22 Parcel 012-01 Westbury Addition (011-01) COST ESTIMATES: Detailed cost estimates are presented in Appendix A located at the back of this report. A summary of these costs is as follows: Sanitary Sewer $206,590 Water Main 89,490 Services 56,320 Storm Sewer 429,610 Street b Bituminous Trail 188,100 TOTAL ........... $970,110 The total estimated project cost is $970,110 which includes contingencies and all related overhead. Overhead costs are estimated at 27% and include legal, engineering, administration, and bond interest. ASSESSMENTS: Assessments are proposed to be levied against the benefited property. A preliminary assessment roll is included at the back of this re- port in Appendix B. SANITARY SEWER: Sanitary sewer proposed herein is separated into lateral and trunk. Lateral sanitary sewer is the amount of sanitary sewer required to service the Westbury Addition and is therefore proposed to be assessed evenly against each benefiting lot. The lateral benefit from the trunk sanitary sewer was determined by designing an 8 inch equivalent diameter sanitary sewer at a depth to properly service Westbury Addition. Also included is a lateral Page 4. 9563b Tj 0 0 sanitary sewer extention to service Parcel 012-01 located southeast of West- bury Addition. It is proposed' -to assess the entire cost of this line to Par- cel 012-01. Trunk sanitary sewer is the amount of sanitary sewer required to service the area outside of Westbury Addition. Trunk sanitary sewer will therefore be the responsibility of the trunk fund. Presently, trunk area assessments for this area are pending as part of Wescott Trunk Sanitary Sewer, Project No. 361. WATER MAIN: Water main proposed herein is separated into trunk and lateral water main. Lateral water main is all water main 6 inch in diameter and is proposed to be assessed evenly against the benefited lots in Westbury Addi- tion. Therefore, the 12 inch trunk diameter water main located in Westbury Drive will be assessed as a 6 inch lateral equivalent and all oversizing costs associated with the 12 inch trunk main will be the responsibility of the trunk fund. Trunk area :rater main for the north 40 acres was previously assessed as part of Wescott Road Utility and Street Improvements - Project No. 305. Pres- ently, there are proposed assessments for trunk area and lateral benefit from trunk water associated with Project No. 395, Lexington Avenue Booster Station and Trunk water Main (Wescott Road to Diffley Road). SERVICES: Services are proposed to be assessed evenly against the benefited lots they serve. STORM SEWER: Storm sewer proposed herein is separated in lateral and trunk. Lateral storm sewer is the amount of storm serer required to service the West- bury Addition. The lateral storm sewer was determined by designing a lateral storm system to service only Westbury Addition. The lateral storm sewer equivalent diameters in lieu of the actual trunk diameter are shown on the drawing at the back of this report. -It is proposed all lateral and lateral Page 5. 9563b a5- 0 0 equivalent storm sewer, costs be assessed evenly against the benefited lots in Westbury Addition. However, it proposed that the lateral storm sewer amount be apportioned between the first phase and Outlots B and C as follows: First Phase 66% Outlot B 9% Outlot C 25% Based on this division, the lateral storm sewer assessment per lot will be more equal such that one phase does not incur a significantly greater or lesser assessment than the other. Trunk area storm sewer is proposed to be assessed to the benefited proper- ty as shown on the attached drawing. Trunk area storm sewer rates will be those in effect at the time of the public hearing. STREET b BITUMINOUS TRAIL: Streets and bituminous trailway proposed herein are to be assessed evenly against the benefited lots they serve in Westbury Addition. All lateral costs will be revised based on final costs. Trunk area rates in effect at the time of this report are as follows: TRUNK STORM SEWER Single Family $0.045/sq.ft. Multi -Family $0.057/sq.ft. REVENUE SOURCES: Revenue sources to cover the cost of this project are as follows: Page 6. 9563b Page 7. 9563b Q-7 Project Cost Revenue Balance A.) SANITARY SEWER Lateral $106,540 Trunk 100,050 Lateral Assessment $106,540 $206,590 $106,540 -$100,050 B.) WATER MAIN Lateral $ 74,080 Trunk 15,410 Lateral Assessment $ 74,080 $ 89,490 $ 74,080 -$ 15,410 C.) SERVICES Lateral $ 56,320 Lateral Assessment5$ 6,320 $ 56,320 $ 56,320 - 0 - D. STORM SEWER Lateral $147,310 Trunk 282,300 Lateral Assessment $147,310 Trunk Area 130,270 $429,610 $277,580 -$152,030 E. STREET b BITUMINOUS TRAIL Lateral $188,100 Lateral Assessment18$ 8,100 $188,100 $188,100 - 0 - TOTAL ............ -$267,490 Page 7. 9563b Q-7 0 0 The total estimated trunk fund balance for this project is -$267,490 which will be the responsibility of each respective trunk fund. The greatest defi- cit is shown for trunk storm sewer which is because the most expensive portion of trunk storm sewer is required through Westbury Addition. However, as the major trunk continues east and decreases in size and depth, the ratio of the trunk project costs to the area assessment revenue will decrease. Therefore, additional revenue will be generated in the future to offset deficits pre- sented herein. PROJECT SCHEDULE Present Feasibility Report Public Hearing Approve Plans 6 Specifications Open Bids Award Contract Construction Completion Final Assessment Hearing First Payment Due with Real Estate Taxes Page 8. 9563b I�i•J March 6, 1984 April 3, 1984 May 1984 June 1984 June/July 1984 Fall 1984 Spring 1985 May 1986 APPENDIX A PRELIMINARY COST ESTIMATE WESTBURY ADDITION PROJECT NO. 396 A.) SANITARY SEWER 770 Lin.ft. 15" RCP Sanitary sewer 25'-30' dp, in pl. @ $70.00/lin.ft. $ 53,900 60 Lin.ft. Jack or auger 15" RCP sanitary sewer @ $150.00/lin.ft. 9,000 400 Lin.ft. 12" RCP Sanitary sewer 15'-20' dp, in pl. @ $22.00/lin.ft. 8,800 470 Lin.ft. 12" RCP Sanitary sewer 10'-15' dp. in 01. @ $19.00/lin.ft. 8,930 110 Lin.ft. 8" DIP Sanitary sewer 25'-30' dp. in pl. @ $25.00/lin.ft. 2,750 220 Lin.ft. 8" PVC Sanitary sewer 15'-25' dp. in pl. @ $15.00/lin.ft. 3,300 2,155 Lin.ft. 8" PVC Sanitary sewer 0'-15' dp, in pl. @ $10.00/lin.ft. 21,550 17 Each Std. 4' dia. MH w/cstg. @ $900.00/each 15,300 173 Lin.ft. MH depth greater than 8' dp. in pl. @ $60.00/lin.ft. .10,380 6 Lin.ft. 12" Outside drop for MH @ $140.00/lin.ft. 840 59 Lin.ft. 8" Outside drop for MH @ $120.00/lin.ft. 7,080 250 Lin.ft. 4" CISP service riser in pl. @ $15.00/lin.ft. 3,750 13 Each 15" x 4" wye in pl. @ $70.00/each 910 9 Each 12" x 4" wye in pl. @ $70.00/each 630 50 Each 8" x 4" wye in pl. @ $40.00/each 2,000 200 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd. 2,000 4,125 Lin.ft. Mechanical trench compaction in pl. (d $0.92/lin.ft. 3,795 Total $154,915 +5% Contingencies 7,750 $,1;62,665 +27% Legal, Engrng., Admin. 6 Bond Interest 43,925 A.) TOTAL SANITARY SEWER ................................ $206,590 Page 9. 9563b oil 0 0 N B.) WATER MAIN 860 Lin.ft. 12" DIP Water main in pl. @ $21.00/lin.ft. $ 18,060 2,750 Lin.ft. 6" DIP Water main in pl. @ $10.00/lin.ft. 72 27,500 8 Each Hydrant in pl. @ $900.00/each Each 7,200 1 Each 12" Butterfly valve and box @ $750.00/each Mechanical trench compaction @ $1.00/lin.ft. 750 7 Each 6" Resilient wedge gate valve b box @ $350.00/each $ 42,240 2,450 5,100 Lbs. Fittings in pl. @ $1.30/lb. 6,630 1 Each Connect 12" DIP to ex. 12" DIP @ $400.00/each 400 1 Each Connect 6" DIP to ex. 6" DIP @ $300.00/each 300 50 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd. 500 3,310 Lin.ft. Mechanical trench.compaction @ $1.00/lin.ft. 3,310 Total $ 67,100 +5% Contingencies 3,360 $ 70,460 +27% Legal, Engrng., Admin. b Bond Interest 19,030 B.) WATER MAIN .......................................... $ 89,490 C.) SERVICES 3,240 Lin.ft. 4" PVC Sanitary sewer service @ $5.00/lin.ft. $ 16,200 3,320 Lin.ft. 1" Type "K" copper water service @ $5.00/lin.ft. 16,600 72 Each 1" Corporation stop @ $15.00/each 1,080 72 Each 1" Curb stop @ $70.00/each 5,040 3,320 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. 3,320 Total $ 42,240 +5% Contingencies 2,110 $ 44,350 +27% Legal, Engrng., Admin. 6 Bond Interest 11.970 9563b C.) TOTAL SERVICES ...................................... $ 56,320 Page 10. 30 r1 L 0 D.) STORM SEWER 1,270 Lin.ft. 48" RCP Storm sewer 25'-35' dp. in pl. @ $135.00/lin.ft. 80 Lin.ft. Jack or auger 48" RCP Storm sewer @ $450.00/lin.ft. 100 Lin.ft. 42" RCP Storm sewer 25'-30' dp. in pl. @ $90.00/lin.ft. 100 Lin.ft. 42" RCP Storm sewer 15'-25' dp. in pl.,@ $70.00/lin.ft. 270 Lin.ft. 42" RCP Storm sewer 0'-15' dp. in pl. @ $60.00/lin.ft. 410 Lin.ft. 18" RCP Storm sewer 0'-15' dp. in pl. @ $24.00/lin.ft. 800 Lin.ft. 15" RCP Storm sewer 0'-15' dp. in pl. @ $22.00/lin.ft. 400 Lin.ft. 12" RCP Storm sewer 0'-15' dp. in pl. @ $19.00/lin.ft. 5 Each MR w/cstg. Plate 1-4 in pl. @ $2,000.00/each 7 Each Std. 4' drain MH w/cstg. in pl. @ $900.00/each 3 Each CBMH w/cstg. @ $850.00/each 8 Each CB w/cstg. @ $750.00/each 112 Lin.ft. MH depth greater than 8' dp. @ $60.00/lin.ft. 1 Each 42" RCP flared end w/trash guard @ $2,200.00/each -1 Each 18" RCP flared end w/trash guard @ $800.00/each 1 Each 15" RCP flared end w/trash guard @ $600.00/each LUMP SUM Clear and grub trees @ $500.00/L.S. 16 Cu.yds. Rip rap @ $50.00/cu.yd. 100 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd. 1,470 Lin.ft. Class B-2 bedding @ $2.99/lin.ft. 3,350 Lin.ft. Mechanical trench compaction @ $0.93/lin.ft. 2.5 Acres Seed with mulch S fertilizer @ $1,000.00/each Total +5% Contingencies +27% Legal, Engrng., Admin. b Bond Interest D.) TOTAL STORM SEWER ................................... 9563b Page 11. 31 i $1171,450 36;000 9,000 7,000 116,200 1 9,840 117,600 7,600 110,000 6,300 2,550 6,000 6,720 2,200 :IN 600 I 500 800 I 1,000 4,410 3,100 2.500 $322,170 16,110 $338,280 1 91.340 $429,610 0 0 E.) STREET b BITUMINOUS TRAIL 820 Cu.yds. Subgrade correction @ $3.00/cu.yd. $ 2,400 400 Cu.yds. Select granular borrow @ $4.50/cu.yd. 1,800 14,710 Sq.yds. Subgrade preparation @ $0.25/sq.yd. 3,680 5,930 Ton Class 5 100% crushed quarry rock @ $6.80/ton 40,330 1,150 Ton 2331 Bituminous base course @ $11.00/ton 12,650 1,125 Ton. 2341 Bituminous wear course @ $12.00/ton 14,700 130 Ton Bituminous material for mixture @ $210.00/tan 27,300 - 620 Gals. Bituminous material for tack coat @ $1.20/gal. 750 6,980 Lin.ft. Surmountable concrete curb 6 gutter @ $4.00/lin.ft. 27,920 1,780 Lin.ft. Reinforcing for concrete curb b gutter @ $1.00/lin.ft. 1,780 32 Each Adjust MH and CB frame @ $120.00/each 3,840 9 Each Adjust G.V. and Box @ $100.00/each 900 3.0 Acre Seed with topsoil and mulch @ $1,000.00/acre 3,000 Total $141,050 +5% Contingencies 7,060 $148,110 +27% Legal, Engrng., Admin. 6 Bond Interest 39,990 E.) TOTAL STREET b BITUMINOUS TRAIL .................... $188,100 A.) SANITARY SEWER $206,590 B.) WATER MAIN 89,490 .C.) SERVICE 56,320 D.) STORM SEWER 429,610 E.) STREET 6 BITUMINOUS TRAIL 188,100 9563b TOTAL ................... $970,110 Page 12. 3k - - 0 0 APPENDIX B PRELIMINARY ASSESSMENT ROLL WESTBURY ADDITION PROJECT NO. 396 A.) SANITARY SEWER Lateral (Includes the lateral benefit from trunk sanitary sewer) Number of Lots Parcel Description or Lot Equivalent Cost/Lot 012-01 2.3 $1,473 WESTBURY ADDITION Block 1, Lot 1-14 14 $1,473 Block 2, Lot 1-15 15 $1,473 Block 3, Lot 1-10 10 $1,473 Block 4, Lot 1-21 21 $1,473 Block 5, Lot 1-4 4 $1,473 Block 7, Lot 1-6 6 $1,473 Total 72.3 B.) WATER MAIN Lateral (Includes the lateral benefit from trunk water main) WESTBURY ADDITION Block 1, Lot 1-14 14 $1,058 Block 2, Lot 1-15 15 $1,058 Block 3, Lot 1-10 10 $1,058 Block 4, Lot 1-21 21 $1,058 Block 5, Lot 1-4 4 $1,058 Block 7, Lot 1-6 6 $1,058 Total 70 Page. 13. 9563b 3!> Total Assessment $ 3,400 $ 20,628 22,1011 14,734; 30,9421 5,8941 8.8411 $106,540 I i $ 14,816 15,874 10,582 22,224 4,233 6.350 $ 74,080 WESTBURY ADDITION - PHASE I Number of Lots C.) SERVICES Parcel Description or Lot Equivalent Cost/Lot Assessment Block Lateral Lot 1-14 14 $587 $ 8,223 Block 2, Number of Lots 1-15 Total Parcel Description 8,811 or Lot Equivalent Cost/Lot Assessment WESTBURY ADDITION 1-10 10 $587 5,874 Block Block 1, Lot 1-14 Lot 14 21 $805 $ 11,264 Block 2, Lot 1-15 5, 15 1-4 $805 12,069 Block 3, Lot 1-10 Block 10 Lot $805 8,046 Block 4, Lot 1-21 3,524 21 $805 16,896 Block 5, Lot 1-4 4 $805 3,218 Block 7, Lot 1-6. 6 $805 4,827 Total 70 $ 56,320 D.) STORM SEWER a.) Trunk Area Parcel Area Credit Assessable Total Description (Sq.ft.) (Sq.Ft.) Area(Sq.ft.) Rate Assessment NE 1/4 SECTION 22 012-01 203,205 Future R/W (20X) 162,564 $0.045/s.f. $ 7,316 Pond 52,100 011-04 1,177,200 Future R/W (20X) 900,080 $0.045/s.f. 40,504 WESTBURY ADDITION Phase I 642,000 --- 642,000 $0.045/s.f. $ 28,890 214,500 -- 214,500 $0.057/s.f. 12,226 Outlot B 175,500 --- 175,500 $0.045/s.f. 7,897 124,250 -- 124,250 $0.057/s.f. 7,082 Outlot C 544,000 -- 544,000 $0.045/s.f. 24,480 Total $128,395 WESTBURY ADDITION - PHASE I Page 14. 9563b 3�4 Number of Lots Total Parcel Description or Lot Equivalent Cost/Lot Assessment Block 1, Lot 1-14 14 $587 $ 8,223 Block 2, Lot 1-15 15 $587 8,811 Block 3, Lot 1-10 10 $587 5,874 Block 4, Lot 1-21 21 $587 12,335 Block 5, Lot 1-4 4 $587 2,349 Block 7, Lot 1-6 6 $587 3,524 Total 70 $ 41,116 Page 14. 9563b 3�4 0 0 b.) Lateral (Includes the lateral benefit from trunk storm sewer) WESTBURY ADDITION E.) STREET WESTBURY ADDITION Block 1, Lot 1-14 Number of Lots $2,687 Total Parcel Description or Lot Equivalent Cost/Lot Assessment Block 1, Lot 1-14 14 $1,403 $ 19,640 Block 2, Lot 1-15 15 $1,403 21,044 Block 3, Lot 1-10 10 $1,403 14,030 Block 4, Lot 1-21 21 $1,403 29,462 Block 5, Lot 1-4 4 $1,403 5,612 Block 7, Lot 1-6 6 $1,403 8,418 Outlot B 9 $1,403 12,627 Outlot C 26 $1,403 36.477 Total 105 $147,310 E.) STREET WESTBURY ADDITION Block 1, Lot 1-14 14 $2,687 $ 37,620 Block 2, Lot 1-15 15 $2,687 40,307 Block 3, Lot 1-10 10 $2,687 26,871 Block 4, Lot 1-21 21 $2,687 56,430 Block 5, Lot 1-4 4 $2,687 10,749 Block 7, Lot 1-6 6 $2,687 16.123 Total 70 $188,100 9563b Page 15. 3S Parcel Description NE 1/4 SECTION 22 012-01 011-04 WESTBURY ADDITION Blk. 1, Lot 1-14 Blk. 2, Lot 1-15 Blk. 3, Lot 1-10 Blk. 4, Lot 1-21 Blk. 5, Lot 1-4 Blk. 7, Lot 1-6 Outlot B Outlot C SUMMARY COST/LOT, PARCEL Storm Sanitary Water Sewer Storm Total Assess - Sewer Main Services Trunk Sewer Street ment Cost Per Lateral(1) Lateral(2) Lateral Area Lateral(3) Lateral Lot, Parcel $3,400 --- --- $ 7,316 $ 10,716 • --- --- --- 40,504 40,504 $1,473 $1,058 $ 805 $ 587 $ 1,403 $2,687 $ 8,013 1,473 1,058 805 587 1,403 2,687 8,013 1,473 1,058 805 587 1,403 2,687 8,013 1,473 1,058 805 587 1,403 2,687 8,013 1,473 1,058 805 587 1,403 2,687 8,013 1,473 1,058 805 587 1,403 2,687 8,013 14,979 12,627 27,606 24,480 36,477 60,957 (1) Includes the lateral benefit from trunk sanitary sewer for Westbury Addition only. (2) Includes the lateral benefit from trunk water main. (3) Includes the lateral benefit from trunk storm sewer. 9563b Page 16. �_ WESCOTT RD. (PARCEL 012-01) FEBRUARY 20, 1984 0. `WESCOTT RD. 'I 5 4 3 2 I 1 2,3 G� 5 6 6 a 1 15 'G / • 9 6 O� L_L S IZ ,\,J i9 a 6 M 9 I = IO F p Iu W W 12 O SONESTR00, ROSENE, ANDERLIN WEST ADDITION 8 ASSOCIATES, INC. Consulting Engineers WATERMAIN �__ Sr. Paul, Minnesoro PROJECT NO. 396 it DATE: ilBNUGR>t 28, 1964 _ COMMISSION Ne. 49798 i. 1 15 'G / • 9 6 O� L_L S IZ ,\,J i9 a 6 M 9 I = IO F p Iu W W 12 O SONESTR00, ROSENE, ANDERLIN WEST ADDITION 8 ASSOCIATES, INC. Consulting Engineers WATERMAIN �__ Sr. Paul, Minnesoro PROJECT NO. 396 it DATE: ilBNUGR>t 28, 1964 _ COMMISSION Ne. 49798 `----WESCOTT RD N 81 I I I I m WESCOTT RO_ S :43 2 I I 2 3 4 5 6 6 L � 7 7 6_ I 2 3 1 4 S 9 6 2 IO 9P l0 9 e � 6 P 112 0 p Q 17 A% II — _—.14 12 / 6 IS a 3 2 1 ; ° 13- 14 6 9 0 TL 13. 4 10 u I t 12 r 2 '3 y .p m 3 �TLa— .s w 1(9 19 2 3 a SONESTROO. ROSENE, ANDERLIK WESTBURY ADDITION 9 ASSOCIATES, INC, STREETS Consulting Engineers I 1 St. Poul, Minnes9to PROJECT NO. 396 JDATE; FEBRUARY 28, 1984 Commission Me. 49295 Agenda Information April 3, 1984 City Page Fourteen • Packet Council Meeting C, Project 395/Lexington Avenue B. Project 395, Lexington Avenue (Trunk Watermain/Booster Station -- On February 7, the City Council authorized the preparation of a feasibility report for the installation of a trunk watermain along Lexington Avenue from Wescott Road to Diffley Road. This feasibility report was presented to the Council on March 6 with the public hearing scheduled to be held on April 3. Enclosed on pages3 through �� is a copy of the feasibility report for t e Council's 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 project. As of this date, the staff has received no objections to this proposed improvement. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 395 for the installation of trunk watermain along Lexington Avenue and the construction of the booster station and, if approved, authorize the preparation of detailed plans and specifications. 42 0 0 REPORT 11yo LEXINGTON AVENUE BOOSTER STATION & TRUNK WATER MAIN ( Wescott Road to Diff ley Road ) PROJECT NO.395 FOR EAGAN, MINNESOTA FILE N0.49294 �t A� Mo..rasoto 43 N 0 4a&4" & 4. 1333 W. 7...a .vp"" St. /).A A(...& 631t`3 PL... 611.636-4600 February 22, 1984 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55121 Re: Lexington Avenue Booster Station and Trunk Water Main (Wescott Road to Diffley Road) Project No. 395 Our File No. 49294 Dear Mayor and Council: 0 G/nu R. Coot. P.£ Keith A. Ci Mon, P.E. Thome E. Noy P.£ Rrh W. Faun. P -E. Rohn G. SrhwnM, P.E. hler.ie L. S ii;. P.E- OoneMC. RYI(eM1. P.E. Jr A. RaaMom P.£ Mart A. Nenoon. P.E. TM R. F.M. P.E. MirAm T. Reurmann. P.E. Rohn R. PJd/mrc. P.£ Q dLmt.m. P.E. Cher A- Frim.. !ao M. ft.e k, Harlon M. O Transmitted herewith is our report for Lexington Avenue Booster Station and Trunk Water Main, Project No. 395 from Wescott Road to Diffley Road. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, Mark A. Hanson MAH:li ANDERLIK 6 ASSOCIATES, INC. 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 Minne ta. —7 Mark A. Hanson Date: Z - Approved by _'.(—E.tee.) ' r'-��Cr' homas A. Colbert, P.E. Director of Public Works Date: - .�y 9454b 41 Reg. No. Z�od Gno G, R .. P.E. o Robrt W,. Revne. P.E. Jwph C. ArdM4. P.£ Rmd/oMA. LrmM1e, P.£ RlrhwM £ Tamm, P.E. Jame C. Otron. P. E. G/nu R. Coot. P.£ Keith A. Ci Mon, P.E. Thome E. Noy P.£ Rrh W. Faun. P -E. Rohn G. SrhwnM, P.E. hler.ie L. S ii;. P.E- OoneMC. RYI(eM1. P.E. Jr A. RaaMom P.£ Mart A. Nenoon. P.E. TM R. F.M. P.E. MirAm T. Reurmann. P.E. Rohn R. PJd/mrc. P.£ Q dLmt.m. P.E. Cher A- Frim.. !ao M. ft.e k, Harlon M. O Transmitted herewith is our report for Lexington Avenue Booster Station and Trunk Water Main, Project No. 395 from Wescott Road to Diffley Road. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, Mark A. Hanson MAH:li ANDERLIK 6 ASSOCIATES, INC. 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 Minne ta. —7 Mark A. Hanson Date: Z - Approved by _'.(—E.tee.) ' r'-��Cr' homas A. Colbert, P.E. Director of Public Works Date: - .�y 9454b 41 Reg. No. Z�od 9 0 cate it is in service nearly twice as much as it should be when compared to other wells. DISCUSSION: An analysis was done on the computer to determine the increase amount of water supplied to the high level pressure zone if the booster station and trunk water main proposed herein were constructed. Also included was a sepa- rate analysis to determine the flow increase if the trunk water main along Lexington Avenue from Duckwood Drive to Wescott Road were constructed. Two computer models were setup; one assuming a maximum day demand and the other assuming a night time_ demand with the storage reservoirs filling. The net effect of the first analysis showed that although the water supply along Pilot Knob Road decreased approximately 20%, the net increase in flow to the high- level pressure zone is nearly double the present flow rate or approximately 1,000 gallons per minute more. The second run which included the trunk water main from Duckwood Drive to Wescott Road showed a net increase of three to four times the present flow rate or approximately. 2,500 to 3,000 gallons per minute more. The main reason for the significant flow increase is due to a direct link to the main. trunk feeder located on Yankee Doodle Road which is supplied with water from both from the Yankee Doodle reservoir (5.0 million gallons) and the wells located at the water treatment plant site. It should also be noted, that the existing 12 inch trunk water main along Wescott Road is the only supply line for trunk water main proposed herein and that the flow rate through a 12 inch main can be nearly one-third that of an 18 inch main dependent upon the flow characteristics. As a result, it is recommended the trunk water main from Wescott Road to Diffley Road be constructed at this time and the trunk water main along Lexington Avenue from Duckwood Drive to Wescott Road be constructed by 1986. Page 2. 9454b 44 0 Trunk water main proposed herein, therefore, includes an 18 inch diameter trunk main from Wescott Road to Northview Park Road. A 20 inch diameter trunk main 1's included from Northview Park Road to Diffley Road. It is proposed the trunk water main from Wescott Road to Diffley Road be constructed along the west side of Lexington Avenue. Water stubs will be provided at the various street locations in conjunction with the required amount of valves and hy- drants.' Also included are water service lines to the existing homes along the trunk water main route. The proposed booster station will be located on the newly acquired reser- voir site located on the west side of Lexington Avenue and south of Diffley Road. The booster station will ultimately include 3 pumps capable of pumping 2,000 gallons per minute (gpm) each. However, it is recommended at this time that only two pumps be constructed, one being 1,000 gpm and the other being 2,000 gpm. Also included is a pressure reducing valve which will be housed in the booster station. .The building structure for housing the pumps and pres- sure reducing station is estimated at 1,000 sq.ft. AREA TO BE INCLUDED ASSESSMENT AREA NE 1/4 SECTION 22 011-01 (Proposed Westbury Addition) 012-01 010-02 SE 1/4 SECTION 22 011-75 013-75 014-75 020-75 012-76 9454b NW 1/4 SECTION 23 013-25 (Proposed Lexington Square) 014-25 (Proposed Lexington Square) 015-25 (Proposed Lexington Square) 016-25 010-27 (Proposed Lexington Square) 010-28 SW 1/4 SECTION 23 010-50 020-50 010-51 015-54 016-54 Page 3. 47 COST ESTIMATES: Detailed cost estimates are presented at the back of this re- port in Appendix A.. A summary of these costs are as follows: A.) Trunk Water Main $409,980 B.) Services 6,740 C.) Booster Station 333,380 TOTAL ........... $750,100 The total estimated project cost is $750,100 which includes contingencies and all related overhead. Overhead costs are estimated at 27% and include legal, engineering, administrative bcnd interest. ASSESSMENTS: Assessments are proposed to be levied against the benefited property. A preliminary assessment roll is included at the back of this re- port in Appendix B. It is proposed to assess trunk area water main in accordance with the Special Assessment Policy Guide which states all parcels within one-quarter mile on either side of the trunk water main construction shall be assessed un- less they have been previously assessed. It is also proposed to assess later- al benefit from trunk water main to those parcels which benefit through a po- tential direct connection to the trunk water main. Included at the back of this report is an assessment drawing which outlines the assessment limits for trunk area and lateral benefit from trunk water main. Water service lines will be assessed to the benefited parcel it serves. Assessment rates in effect at the time of this report are as follows: TRUNK AREA WATER MAIN Agriculture or Residential LATERAL BENEFIT FROM TRUNK WATER MAIN Single Family Multi -Family, Comm./Ind. Page 4. 9454b 4S $1,120/acre $21.68/centerline ft. or $10.84/front ft. $35.74/centerline ft. REVENUE SOURCES: Revenue sources to cover the cost of this project are as follows: Project WATER MAIN Revenue Balance Trunk Water Main $409,980 Services 6,740 Booster Station 333,380 Trunk Area $144,866 Lateral Benefit from Trunk 76,333 Service Assessment 6,740 TOTAL ........................ $750,100 $227,939 -$522,161 The total estimated project balance is -$522,161 which will be the re- sponsibility of the trunk water main fund. PROJECT SCHEDULE CONTRACT I CONTRACT II Present Feasibility Report March 6, 1984 Public Hearing April 3, 1984 Approve Plans and Specifications May 1984 May 1984 Open Bids June/July 1984 June/July 1984 Award Contract July 1984 July 1984 Construction Completion November 1984 Spring 1985 Assessment Hearing Summer 1985 N/A First Payment Due with Real Estate Taxes May 1986 N/A Page 5. 9454b q 1 0 APPENDIX A COST ESTIMATE LEXINGTON AVENUE BOOSTER STATION 6 TRUNK WATER MAIN (WESCOTT ROAD TO DIFFLEY ROAD) PROJECT NO. 395 A) TRUNK WATER MAIN 3,400 Lin.ft. 20" DIP water main in pl. @ $38.00/lin.ft. $129,200 2,160 Lin.ft. 18" DIP water main in pl. @ $34.00/lin.ft. .73,440 20 Lin.ft. 16" DIP water main in pl. @ $30.00/lin.ft. 600 40 Lin.ft. 12" DIP water main in pl. @ $22.00/lin.ft. 880 290 Lin.ft. 6" DIP water main in pl. @ $14.00/lin.ft. 4,060 100 Lin.ft. Jack or auger 20" DIP w/steel casing @ $130.00/l.f. 13,000 60 Lin.ft. Jack or auger 16" DIP w/steel casing @ $120.00/l.f. 7,200 60 Lin.ft. Jack or auger 12" DIP w/steel casing @ $110.00/l.f. 6,600 5 Each Hydrant in place @ $1,000.00/each 5,000 4 Each 20" Butterfly valve and box @ $2,200.00/each 8,800 2 Each 18" Butterfly valve and box @ $1,800.00/each 3,600 1 Each 16" Butterfly valve and box @ $1,500.00/each 1,500 1 Each 12" Butterfly valve and box @ $900.00/each 900 5 Each 6" Resilient wedge gate valves b box @ $350.00/each 1,750 18,000 Lbs. Fittings in pl. @ $1.30/lb. 23,400 1 Each Connect 18" DIP to existing 18" DIP @ $800.00/each 800 1 Each Connect 20" DIP to existing 20" DIP @ $800.00/each 800 100 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd. 1,000 7.0 Acres Seed w/mulch and fertilizer @ $2,000.00/Ac. 14,000 500 Ton Class 2 shouldering material @ $10.00/ton 5,000 5,910 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. 5,910 Total $307,440 +5X Contingencies 15,380 $322,820 +27% Legal, Engrng., Admin. 6 Bond Interest 87,160 9454b A.) TOTAL TRUNK WATER MAIN ........................ $409,980 Page 6. 9YA B.) SERVICES 100 Lin.ft. 1" water service @ $15.00/lin.ft. 150 Lin.ft. Jack or auger 1" water service @ $20.00/lin.ft. 5 Each 1" Corporation stop in pl. @ $24.00/each 5 Each 1" curb stop 6 box in pl. @ $64.00/each 100 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. Total +5% Contingencies +27% Legal, Engrng., Admin. 6 Bond Interest B.) TOTAL SERVICES ................................ C.) BOOSTER STATION Lump Sum Booster Station w/pump and pressure reducing valves +5% Contingencies +27% Legal, Engrng., Admin. 6 Bond Interest B.) TOTAL BOOSTER STATION ......................... SUMMARY A. TRUNK WATER MAIN $409,980 B. SERVICES 6,740, C. BOOSTER STATION 333,380 TOTAL $750,100 Page. 7. 9454b Sl $ 1,500 3,000 120 320 100 $ 5,040 260 $ 5,300 1.440 $ 6,740 $250,000 12.500 $262,500 70.880 $333,380 r� 0 APPENDIX B PRELIMINARY ASSESSMENT ROLL LEXINGTON AVENUE BOOSTER STATION b TRUNK WATER MAIN (WESCOTT ROAD TO DIFFLEY ROAD) PROJECT NO. 395 A. TRUNK AREA Parcel Total Ac. -- Assessable Assessment Total Description Area Credit 6.65 Area Rate Assessment NE 1/4 SECTION 22 Ac. 1,120/Ac. 5,958 014-75 1.9 Ac. 011-01 18.61 Ac. Future R/W (20%) 14.89 Ac. $1,120/Ac. $16,677 012-01 4.66 Ac. Future R/W (20%) 3.73 Ac. $1,120/Ac. $ 4,178 010-02 3.89 Ac. Future R/W (20%) 3.11 Ac. 1,120/Ac. 3,483 Ac. 1,120/Ac. TOTAL .............................. TOTAL $24,338 SE 1/4 SECTION 22 011-75 2.85 Ac. -- 2.85 Ac. $1,120/Ac. $ 3,192 013-75 6.65 Ac. Future R/W (20%) 5.32 Ac. 1,120/Ac. 5,958 014-75 1.9 Ac. --- 1.9 Ac. 1,120/Ac. 2,128 020-75 2.85 Ac. --- 2.85 Ac. 1,120/Ac. 3,192 012-76 4.80 Ac. Future R/W (20%) 3.84 Ac. 1,120/Ac. 4,305 TOTAL .............................. $18,775 NW 1/4 SECTION 23 013-25 7.72 Ac. Future R/W (20%) 6.18 Ac. $1,120/Ac. $ 6,922 014-25 5.50 Ac. Future R/W (20%) 4.40 Ac. 1,120/Ac. 4,928 015-25 21.60 Ac. Future R/W (20%) 17.28 Ac. 1,120/Ac. 19,354 016-25 3.35 Ac. Future R/W (20%) 2.68 Ac. 1,120/Ac. 3,002 010-27 33.71 Ac. Future R/W (20%) 26.97 Ac. 1,120/Ac. 30,206 010-28 3.24 Ac. Future R/W (20%) 2.59 Ac. 1,120/Ac. 2,901 TOTAL.............................. $67,313 SW 1/4 SECTION 23 010-50 0.84 Ac. -- 0.84 Ac. $1,120/Ac. $ 941 020-50 0.84 Ac. -- 0.84 Ac. 1,120/Ac. 941 010-51 36.34 Ac. Future R/W (20%) 29.07 Ac. 1,120/Ac. 32,558 TOTAL .............................. $34,440 TOTAL TRUNK AREA ............................... $144,866 Page 8. 9454b S� u 0 0 B. LATERAL BENEFIT FROM TRUNK SE 1/4 SECTION 22 011-75 Assessable $10.84 Total Parcel Description Footage Rate/F.F. Assessment NE 1/4 SECTION 22 132 10.84 1,431 020-75 198 10.84 2,146 011-01 819.5(1) $10.84 $ 8,883 012-01 465 10.84 5,041 010-02 462 10.84 5,008 TOTAL ............................ $18,932 SE 1/4 SECTION 22 011-75 198 $10.84 $ 2,146 013-75 426 10.84 4,618 014-75 132 10.84 1,431 020-75 198 10.84 2,146 012-76 268.3 10.84 2.908 TOTAL .............................. $13,249 NW 1/4 SECTION 23 013-25 223 (1) $10.84 $ 2,417 015-25 216.75(1) 10.84 2,350 016-25 328.5(2) 10.84 3,561 010-27 483 (1) 10.84 5,236 010-28 290 10.84 3.144 TOTAL .............................. $16,708 SE 1/4 SECTION 23 010-50 208.71 $10.84 $ 2,262 020-50 208.71 10.84 2,262 010-51 452.59(1) 10.84 4,906 015-54 1,314(1) 10.84 14,244 016-54 347.74(2) 10.84 3,770 TOTAL .............................. $27,444 TOTAL LATERAL BENEFIT FROM TRUNK ... $76,333 (1) Assessable footage equals total front footage divided by two. (2) Corner lot credit of 75' was applied. 9454b Page 9. S3 9454b Page. 10. CE" - C. SERVICES Total Parcel Description Unit Rate/Unit Assessment NE 1/4 SECTION 22 010-02 1 $1,348 $ 1,348 SE 1/4 SECTION 22 011-75 1 1,348 1,348 NW 1/4 SECTION 23 010-28 1 1,348 1,348 SW 1/4 SECTION 23 010-50 1 1,348 1,348 020-50 1 1,348 1,348 TOTAL ............ 5 $ 6,740 9454b Page. 10. CE" - 0 PROJECT 395 PRELIMINARY ASSESSMENT ROLL SUMMARY Parcel Trunk Description Area NE 1/4 SECTION 22 011-01 $ 16,677 012-01 4,178 010-02 3,483 SE 1/4 SECTION 22 011-75 $ 3,192 013-75 5,958 014-75 2,128 020-75 3,192 012-76 4,305 NW 1/4 SECTION 23 013-25 $ 6,922 014-25 4,928 015-25 19,354 016-25 3,002 010-27 30,206 010-28 2,901 SW 1/4 SECTION 23 010-50 $ 941 020-50 941 010-51 32,558 015-54 --- 016-54 TOTAL .......... $144,866 Lateral Bene- fit from Trunk Services $ 8,883 5,041 5,008 2,146 4,618 1,431 2,146 2,908 $ 2,417 2,350 3,561 5,236 3,144 2,262 2,262 4,906 14,244 3,770 $76,333 Page 11. 9454b r 6 S $ 1,348 $ 1,348 $ 1,348 $ 1,348 1,348 $ 6,740 Total Assessment $ 25,560 9,219 9,839 $ 6,686 10,576 3,559 5,338 7,213 $ 9,339 4,928 21,704 6,563 35,442 7,393 $ 4,551 4,551 37,464 14,244 3.770 $227,939 w•wl.• •m•P n� a IF� Nillll frY MAt P.w O ---- IJTRAL anwff not TIOa{ W ATU UMI 4b h• hat tat ® V2Vn ASA WATn MM 4r ti AM • P '""" ...._'- .�.•� � �'�-w tAOAH. tfN1/�O�A •n••w ••uuu wsrun•n•• __ _ _ _ _ __ •a non •mum YrI 19 YIY r.10 I .Yup ,•'•• L, • I Od Ol.. I.Y.L I .. d ' Y-.{0 Y-'• Y rtl Y 00 14.0 'Y Y-.. K.pp Od I T b 1YIA M40NI 77 I tf�N7AY N 'JNIY77 1 -a ..m u ;�.O4at•�:d i ' • �t. � l { I1 tft►A•A iilntrnM 7"amm o d ui-ys.D.�d 1 Y� p YrI 19 0 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Fifteen ect 348, Coachman/Four Oaks Road C. Project 348, Coachman/Four Oaks Road (Streets) -- On January 17, the Council authorized the preparation of a feasibility report for the upgrading of Coachman Road from Yankee Doodle to Four Oaks Road and for Four Oaks Road from Coachman Road to T.H. 13. This feasibility report was presented to the Council on March 6 with the public hearing being scheduled for April 3. Enclosed on pages C_I_ through_ is a copy of the feasibility report for the Council's reference during the public hearing. All notices associated with this project have been placed in the legal newspaper and sent to all property owners who would be affected by this project. As of this date, the staff has received several questions but no objections to this proposed improvement. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 348 for the upgrading of streets on Coachman and Four Oaks Road and, if approved, authorize the preparation of detailed plans and specifications. S? • 0 OF 3830 PILOT KNOB ROAD. P.O. BOX 21199 BEA BLOM9UST EAGAN. MINNESOTA 55121 mm PHONE: (612) 45d-8500 THOMAS EGAN JAMES A SWIM JEIiry THOMAS IHEODORE WACHTEP Cw d rear % THOMAS HEDGES PRELIMINARY REPORT ECdv NEVANVE EUGENE w c OVET78EKE GN Cb.v PROJECT 348 COACHMAN /FOUR OAKS ROA STREETIMPROVEMENTS hereb;• cerii(v tti0i this plc -n. a7c�iiicv9on, Or re C•Grl VIFS ^!°.:..:.F^_C1 v', Ria C., unrC .r TP.Y R^aiete:cd ('.-: is � ... '� I -'. _ .9.: L'•C:f�: iay laeis M t.l�:�:. c/jL�^cco Date 3 6 RegiY scion No. 54973 R• THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY REPORT UPGRADING OF COACHMAN AND FOUR OAKS ROAD SCOPE: Project 348 provides for the upgrading of Coachman Road from Yankee Doodle Road (County Road 28) to Four Oaks Road and Four Oaks Road from Coachman Road to T.H. 13 to City -designed standards for 9 -ton collector streets. This report determines the feasibility of this project by studying existing conditions, proposed improvements, estimated costs, and methods of financing. RECOMMENDATIONS: In conclusion, the upgrading of Coachman Road and Four Oaks Road to a neighborhood collector status has been determined to be feasible from an engineering standpoint and is also in conformance with the City's Diaster Thoroughfare Plan as developed in the 1980 Comprehensive Plan. EXISTING CONDITIONS: Coachman and Four Oaks Road presently consist of :.i 'i -ton capacity rural road section. This section consists of a 2" thick bituminous pavement 24' wide over a 13" thick aggregate base consisting of 4" of Class 6 aggregate base 40' wide and 9" of Class 3 aggregate sub -base 46' wide. This existing section is depicted in Figure IA.. The drainage for these streets is accomplished via rural ditches to inplace storm sewer catch basins. Consequently, much erosion is experienced every spring and after heavy rains along the north and south road ditches of Four Oaks Road. As a result, time, material and equipment are required by City maintenance crews to restore and repair these ditches. Typically, repair of the shoulders and ditches require 16 manhours and 5 truckloads of gravel per repair costing the City approximately $400 per occur- rence (4-6 times/year). This does not include periodic cleaning of the storm sewer system and downstream deltas that subsequently occur. Grading and gravel base for these streets were accomplished under Project 39 in 1969. The bituminous surfacing was installed under Project 81 during 1971 and 1972. Utilities have been installed within Coachman and Four Oaks Road under Projects 61 and 371 for trunk water main and Project 70 for lateral water, sanitary sewer and storm sewer. Also, the north half of Four Oaks Road adjacent to the Coachman Land Company 1st Addition was widened to 22 feet with concrete curb and gutter under Project 323. Since the time Coachman Road and Four Oaks Road were initially i constructed, much development has occurred. This development has taken place west of Coachman Road and to the north and south of Four Oaks Road in the form of high density, multi -family residences. Currently, 1008 of 3,283 feet of frontage adjacent to the west side of Coachman Road is either developed or preliminary platted along with 818 of the east frontage. Similarly, 638 of the south 1,300 feet and 1008 of the north 1,300 feet of Four Oaks Road is presently either developed or preliminary platted. Page 1 61. 0 _ic-- 6" CROWN L 9" CL.3 GRAVEL SUBBASE FIGURE I -A (Existing) 40' ROW I, 22' 2331 BASE COURSE 20 BIT. TRAILWAY WITH 4" AGG. BASE FIGURE 1-13 ( Proposed) 8618 C 9 G 11i=' 2341 WEAR COURSE EXISTING 2" BIT. MAT 'EXISTING 13" AGG. BASE. TYPICAL SECTIONS COACHMAN a FOUR OAKS ROADS Project 348 Consequently, the traffic volumes on these streets have been greatly increased from these developments. For instance, the 1981 average daily traffic (ADT) volume for Four Oaks Road was 130 vehicles per day while the 1983 traffic counts revealed it to be 490 vehicles per day, or almost a 2808 increase. Meanwhile, the ADT for Coachman Road was recently determined to be 580 vehicles per day. Although no previous data exists as to traffic volumes for Coachman Road to compare with, this number does not yet reflect the impact of the Coachman Highlands Addition. This is estimated to generate at least 350 vehicles per day upon development of their first phase which is already in progress. Therefore, the need for the upgrading of Coachman Road and Four Oaks Road to a 44- foot wide community collector street is present due to the increased development of the higher density housing adjacent to both Coachman Road and Four Oaks Road. PROPOSED IMPROVEMENT: This project proposes to improve Coachman Road and Four Oaks Road by upgrading each to its ultimate 9 -ton neighborhood collector street cross section as depicted in Figure 1B. It is proposed to accomplish this most economically by utilizing the existing street section. This can be accomplished by installing B618 curb and gutter 22 feet from centerline on each side of the street and filling the area between the edge of the existing pavementand the new gutter section with 2" of bituminous. Then, the entire width of the street between the gutters would be overlayed with an additional 1 1/2" of bituminous surfacing material. This project will complete the staged construction of these streets begun in 1969. Accompanying this construction will be the necessary manhole, gate valve, hydrant, and catch basin adjustments. Installation of all utili- ties has been completed as previously mentioned. In addition, grading necessary to fill in the ditches and the restoration of boulevards will also be required. Preliminary estimates indicate there will be a shortage of fill material available within the right-of-way. However, it is anticipated that enough fill mate- rial can be obtained from adjacent areas. This upgrading of Coachman and Four Oaks Road to a neighborhood collector status will require a bituminous pathway to be constructed along the west side of Coachman Road and the north side of Four Oaks Road. This bituminous pathway shall be 8' wide and be constructed along the entire west side of Coachman Road from Yankee Doodle Road to Four Oaks Road and along the north side of Four Oaks Road from the Coachman Road intersection to T.H. 13. The estimated costs of improving Coachman Road and Four Oaks Road by adding curb and gutter, bituminous widening, trailway and overlay to a neighborhood collector street status is $275,827. A detailed breakdown of these costs is attached as Table A at the end of this report. These costs include 27% for estimated legal, engineering, administrative and financing over- head. EASEMENT ACOUISITION No easements are anticipated to be required for construction of this project. Page 2 0 0 FINANCING: Four Oaks Road is presently designated as a Municipal State Aid (MSA) street and subsequently eligible for MSA funding. Similarly, Coachman Road has recently been designated asa PISA street eligible for MSA funding. with the exception of the bituminous pathway, all construction costs are eligible for PASA funding. In the case of the bituminous pathway, only 6 feet of the 8 feet are MSA eligible, or approximately $5,300 (25%) of the pathway costs would not be PISA eligible. Other funding, for this project will be derived from special assessments to benefiting property under :;.5. 429. In accordance with the City's special assessment policy, it is proposed to assess benefited property on both sides of Coachman Road and Four Oaks Road on a front foot oasis oased on the commercial or multi- family rate. For this project, both rates are the same and will consist of all costs required to construct the street and trailway, as previously described, divided.by the assessable footage. However, as mentioned previously, the Coachman Land Company 1st Addition has installed their half of Four Oaks Road with the exception of the final bituminous surface. Subsequently, the Coachman Land Company 1st Addition benefited front footage will be assessed only for the bituminous surfacing. doth Coachman and Four Oaks Roads have been assessed for the first stage of their construction which occurred under Projects 39 and 81. The estimated assessment rates used for purposes of this report are as follows: Commercial/Piulti-Family........ $31.60/F.F. Overlay Only .....................7.00/F.F. Attached at the end of this report is a preliminary assessment roll listing each benefited property and its proposed assessment. The following summarizes the project costs and anticipated revenue for this proposed project. STREETS Lateral Frontage Assmts. MSA Funding* TOTAL PROJECT COSTS $275,827 n REVENUE $275,827 245,890 BALANCE +$245,890 *MSA determined by adding 13% engineering overhead costs to eligible costs. Assessment rates presented herein will be revised based upon the final project costs. As per City policies, the assessments will be spread over 10 years at an interest rate dependent upon the most recent bond financing. Page 3 / PROJECT SCHEDULE Present Feasibility Report ;March 6, 1984 i Public Hearing April 3, 1984 Approve Plans and Specifications May/June 1984 Open Bids June/July 1984 Award Contract July 1984 Construction Completion Fall 1984 Assessment Hearing Spring/Summer 1985 First Payment Due with Real May, 1986 Estate Taxes ITEM PRELIMINARY COST ESTIMATE PROJECT 348 QTY. Common Borrow 6,000 CY Common Excay.-Trail 1,500 CY Subgrade Prep ' 9,110 SY Agg. Base, C1.5 for Trail 960 TN B618 CSG 9,200 LF 2331 Bitu. Binder Bitu. Mat'l. 2341 Bitu. Wear Bitu. Mat'l. Wear Course for Trailway Bitu.Aat'l. for Tack Coat Adjust MH Adjust CB Adjust GV Adjust HYD Seed w/Topsoil Sod w/Topsoil 1,065 TN 50 TN 2,050 TN 130 TN 430 TN 1,140 GAL 11 EA 12 EA 6 £A 7 EA 6.6 AC 4,000 SY UNIT PRICE S 3.50/CY 2.00/CY 0.60/SY 10.00/TN 6.00/LF 13.00/TN 210.00/TN 12.00/TN 210 . 00/T1: 20.00/TN 1.50/GAL 150.00/EA 150.00/EA 100.00/EA 300.00/EA 2,000.00/AC 2.00/SY 32 1/2% Overhead' 'Estimated Overhead = 27% LEAF + 5.5% Contingencies 66. AMOUNT $ 21,000 3,000 5,466 9,600 55,200 13,845 10,500 24,600 27,300 8,600 1,710 1,650 1,800 600 2,100 13,200 8,000 $208,171 67,656 $275,827 PRELIMINARY ASSESSMENT ROLL COACHMAN ROAD & FOUR OAKS ROAD STREET RESURFACE AND CURB & GUTTER PROJECT 4348 FRONT TOT.STREET PARCEL FTG. RATE ASSESSMENT SW 1/4 SECTION 9 COACHMAN HIGHLANDS Lot 1, Blk.l, Erutger Co.,Inc. 668* $31.60/FF $ 21,109 Fox Ridge Addition Lot 1, Blk.l, Musky Co. 371 31.60/FF 11,724 Lot 2, Blk.l, Rothschild Inc. 4 31.60/FF 126 Lot 1, Blk.2, Iclecatsky Bros. 370 31.60/FF 11,692 Lot 2, 31k.2, Rothschild Inc. 522 31.60/FF 16,495 Lot 3, Blk.2, Rothschild Inc. 185 31.60/FF 5,846 Lot 4, 91k.2, Rothschild Inc. 655* 31.60/FF 20,698 010-52, Peter Kontinakis 260 31.60/FF 8,216 COACHMAN OAKS PARE: 012-51, 014-51 & 016-51 City of Eagan 655 31.60/FF 20,698 015-51, Rosewood Corp. 1316 31.60/FF 41,586 NW 1/4 SECTIOt: 9 COACHMAN OAKS CONDONIMIUMS Condominium #45, Coachman Oaks Co. 1471* 31.60/FF 46,484 021-31 Michael & Jane Swenson 471 31.60/FF 14,884 NW 1/4 SECTION 9 012-31, Rosewood Corp. 697 31.60/FF 20,025 013-31, Rosewood Corp. 1034* 31.60/FF 32,674 COACHMAN LAND CO. 1ST ADDITION Lot 1, Blk.l, Four Oaks Court Assn. 220 7.00/FF 1,540 275,797 *Includes 75' Corner Lot Credit 67 -_,. A- 012-31 I OF L_- �. 013-31 021-31 i CONDOMINIUMS/ 75'1CORNER LOl CREDIT OACHMAN HIGHLANDS 75' SCORNER LOTi CREDIT Z 0 ~ 4 0 r -<- -2, BENEFITTED FRONTAGE; Lw -- � 2 city of eagan PUBLIC ED WORKS nF oA 0TKAr OVERLAY RATE COACHMAN LAND CO. IST ADDITION PART OF OI3-31 I 015-51 I I i I :OACHMAN OAKS PARK 012-51 014-51 016-51 -�o10- 52 F _ I II j 1 J — —I Project 348 Assessment Map 6$ approved:standard I plate #: 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Sixteen 0 SPERRY/TIMBERLINE NOISE ISSUE A. Timberline Civic Association Request To Review Level of Noise Emission At Sperry Semi -Conductor Plant -- Neighbors located within the Timberline Addition have experienced excessive noise that has been generated from the Sperry semi -conductor facility. Concern about the level of the noise was an issue between the residents and Sperry personnel during early 1983 and due to no acceptable resolution by representatives of Sperry to relieve the excessive noise, the neighborhood presented the problem to the City staff last summer. The problem was evaluated by City staff and representatives of MPGA. The noise monitoring reports that were reviewed by MPCA were found to be acceptable and, therefore, no action was to be taken by the City staff regarding the enforcement of any ordinances. The neighborhood continued to experience a nuisance and appealed their problem to the City Council and was heard on October 4, 1983. As a result of a presentation by representatives from the neighborhood and discussion by the City Council, a motion was adopted as follows: "that the staff do further investigation of the noise and light issue, make contact with Sperry personnel and the residential owners concerning the implementation of temporary measures for the alleviation of the noise and light problems with long-range plans for the problems to be resolved; further, that there is a problem that requires immediate steps to be corrected, and further, that the City Council be on record stating that there is a violation of the R&D zoning category and that the excessive noise and light problems do not comply with the strict requirements of the R&D zoning. The City Administrator coordinated several meetings between spokespersons for the Timber- line Addition and representatives of Sperry in an effort to resolve the problem upon City Council direction and the action that was taken at the October 4 City Council meeting. Sperry originally planned to install attenuators and diverters on all the stacks at the plant; however, upon their own investigation altered their corrective measures to include one attenuator and five diverters on the stacks. Sperry noted that approximately 19 weeks should be allowed for delivery and installation of the equipment. The time for installation was estimated to be mid to late winter. The residents continue to experience problems and before the proposed corrective equipment be installed, asked that they be heard at a regular City Council meeting. The item was placed on the February 7, 1984, City Council agenda at which time spokespersons for the Timberline Civic Association appeared and stated that they had hired a sound expert and the noise levels at the Sperry semi -conductor plant as generated from the stacks were not acceptable under criteria developed for a residential neighborhood. The neighbors appealed to the City Council to resolve the noise problem through enforcement of the ordinance. Representatives of Sperry appeared at that meeting 2 0 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Seventeen and assured the neighborhood and City Council that the equipment would be installed during the month of March and they were hopeful that corrective measures were designed so that the problem would be reduced to an acceptable noise standard by the Timberline Association. The City Council assured the neighborhood that they were attempting to enforce the ordinance, however, due to their action in October of 1983, it was necessary to allow Sperry the opportunity to install the equipment and measure the success of the proposed corrective devices before any further consideration or additional action was to be considered. After discussion by the audience and City Council, a motion was adopted to continue the matter until the first meeting in April and further that the City Attorney provide a legal opinion as to the potential remedies at that time if the noise emission is not corrected to become acceptable within approved noise standards. At that same City Council meeting, the City Administrator was directed to initiate noise testing and the purchase of noise testing equipment if necessary and establish some benchmarks for noise testing before and after the equipment is installed at the Sperry semi -conductor facility plant. The City Administrator has contacted MPGA, who is the State regulatory body regarding the measurement and monitoring of noise emission standards. That department agreed to monitor at two different location the noise emission levels before and after the installation of proposed corrective equipment at the Sperry semi -conductor - plant. Mr. Dave Kelso from the Minnesota pollution control agency has conducted those tests and a copy of the results are enclosed on pages, through 8( 0 . Mr. Kelso will be present at the City Council meeting to explain the results and answer any questions that the City Council or audience might have regarding the testing. Recent correspondence by representatives of the Timberline Homeowners Association is also enclosed on pages through for your information. There have been recent comp aints made to our Police Department by residents of the Timberline neighborhood and copies of those police reports are enclosed without any page number. In summary, the action to be considered by the City Council is to determine whether the findings presented by the Minnesota Pollution Control Agency satisfy noise standards as determined for an R & D/Residential neighborhood. There is a great deal of information that has been distributed during the past several months to the City Council, and if any member of the Council would like copies of letters, reports or any other information that has been distributed in the past, please contact the City Administrator's office. ACTION TO BE CONSIDERED ON THIS ITEM: To substantiate that the findings of MPCA do satisfy noise emission levels and there is no futher violation of the R & D zoning or that noise emission levels do conflict with the R & D zoning and that the City Attorney by asked to review procedures as. they relate to enforcement of the ordinance. -7D Agenda Information April 3, 1984 City Page Eighteen LJ Packet Council Meeting 0 Special Note: The City Attorney has reviewed this agenda item and is including a memorandum which is enclosed on page q 4 4 - 94e. Also, Sperry has performed some additional noise analyses since the equipment was installed and if that information is available, copies will be distributed with the Administrative Packet on Monday for review by the City Council. -7► 0 Minnesota Pollution Control Agency March 20, 1984 Mr. Tom Hedges City Adminstrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Hedges: As you requested, the Minnesota Pollution Control Agency (MPCA) has conducted noise monitoring regarding complaints received from Sperry Univac. Monitoring was completed to assess compliance with Minnesota Noise Standard NPC -21. To date, all monitoring has been conducted prior to the installation of Sperry Univac's noise abatement equipment. My intention is to repeat noise monitoring once all noise abatement equipment Ihas been installed. Minnesota Rule NPC -2 (MR Part 7010.0400-7010.0700) establishes the following dB(A) levels for a residential receiver: Day Night (0700-2200 hrs) (2200-0700 hrs) L10 65 55 L50 60 50 Monitoring was conducted in accordance with procedures established by the MPCA. Those procedures require an hourly measurement from which a statistical level is obtained in the form of an Lor L 0 The L]1 ,is that level (in decibels A -weighted) dceede� 10� of td hourly measurement or six minutes. The same is true for the L50 except the time is 30 minutes. Phone: 296-7372 1935 West County Road B2, Roseville. Minnesota 55113.2785 Regional Offices • Dututh/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer -7 ;� - 0 0 Mr. Tom Hedges March 20, 1984 Page Two As can be seen from NPC -2, the most stringent requirement to be met at a residential receiver is 50 decibels not to be exceeded for more than 30 minutes of an hour at night. With this in mind, monitoring was conducted on February 22, 1984, with the cooperation of Ed Meister (City of Eagan); February 29, 1984, simultaneously with Dr. Richard VanDoeren (Midwest Acoustics and Sperry Univac's consultant) and March 3, 1984, at the request of Mr. Giblin. The following details those monitoring events: February 22, 1984 Location - On the south side of a city owned building (water meter repair shop?) off of Red Cedar Road. The microphone was placed approximately 5 feet off the ground and 35 feet southwest of the building. A clear line of sight was maintained between the microphone and Sperry throughout the monitoring. Time - Monitoring was conducted from 10:00 p.m. to 11:00 p.m. Meteorology - Wind conditions were calm with clear skies turning to partly cloudy. the temperature was 30°F, relative humidity 75% and pressure 29.54 inches of mercury. Instrumentation - One Metrosonics dB602 statistical noise analyzer with --a Bruel & Kjaer 1 inch microphone, one Bruel & Kjaer 2209 sound level meter with a 1 inch microphone and graphic level recorder, and an IVIE portable spectrum analyzer. All equipment was calibrated before and after the monitoring period. Results - Data from the dB602 statistical analyzer shows an L1 of 47 dB(A) and an L of 42 dB(A). both of these levels are Rn compliance with MinnN ota noise rules. However, the noise was evident and low in frequency. It should be noted that State Noise Rules use "A -weighting" for noise measurements which filter out and biases against lower frequencies. Data from the IVIE spectrum analyzer was intended to give a general idea of the frequency breakdown for the noise source. Although data was not continuously collected, periodic whole octave readings indicate the strongest noise components were contained within the 63, 125 and 250 Hz octave bands. Additional 1/3 octave band readings indicate that most of the sound energy was contained within the 160 and 125 Hz 1/3 octave bands. Octave data was collected only to provide a spot check of the frequency distribution and to verify statements made by Mr. Fulton on the frequency distribution be observed. 73 Mr. Tom Hedges March 20, 1984 Page Three Data from the graphic level recorder was intended to provide a permanent record for the monitoring event. Unfortunately, there was a battery malfunction with the recorder midway through the monitoring period which casts a shadow over the data. I did include a copy of the graphic level data in the attachments to show the relative pattern of the noise with the intrusion of aircraft. This data can be used in a general sense but is not qualitative. Conclusions and Comments - Data from February 22, 1984, indicate that Sperry Univac is in compliance with Minnesota Noise Rule NPC -2. The noise is dominated by low frequency which has a bias when the dB(A) scale is used for monitoring. Aircraft noise was evident which leads me to believe that monitoring should be conducted at a later hour. A copy of field data sheets can be found as attachments to this report. Citizens involved in this issue have indicated to me that (in their opinion) Sperry can and does adjust operations resulting in changes in the perceived noise. I have no information at this point in time supporting this conclusion. However, one interesting fact should be mentioned. I requested that the City of Eagan not disclose the logistics of the Agency's monitoring but, I received a phone call from one of the complainants prior to February 22, communicating to me that it was well known in the community when and where I was scheduled to monitor. I must therefore conclude that all parties were aware_of my presence. Upon completion of monitoring, I contacted the complainants for an opinion on the representativeness of the noise on this date. They informed me that on this date the noise was not particularly loud. February 29, 1984 Location - In the back yard of Mr. Giblin, 75 feet north of the berm between Sperry and Mr. Giblin. The microphone again was positioned 5 feet off the ground. A clear line of sight was maintained between the microphone location and Sperry. Mr. Giblin's back yard has a slight incline to it which provides a clear view of the stacks on Sperry's roof. The monitoring conducted on this date was arranged to be concurrent with Sperry's consultant (Dr. Richard VanDoeren) who positioned his microphone on top of the berm and further to the east of my location. I would expect that data comparisons can be made once Dr. VanDoeren's report becomes available. -71 0 0 Mr. Tom Hedges March 20, 1984 Page Four Time - Monitoring was conducted from 10:50 p.m. to 11:50 p.m. and 11:55 P.m. to 12:55 a.m. Meteorology - Wind conditions were calm with clear skies. The temperature was -1°C, relative humidity 57% and pressure 30.07 in Hg. Instrumentation - One Metrosoncis dB602 statistical noise anlayzer with a Bruel & Kjaer 1 inch microphone and an IVIS portable spectrum analyzer. All equipment was calibrated before and after the monitoring events. Results - Data from the dB602 statistical analyzer show an Lo 5 dB A) for the hour 10:50 P.m. to 11:50 p.m. and 42 dB(A) i2r the hour 11:55 P.m. to 12:55 a.m. The L was 42 dB(A) and 40 dB(A) respectively. Again, these levels5gre within those levels established in NPC -2. Similar observations were made on February 29, as were made on February 22, concerning the low frequency component of the noise. Data from the IVIE spectrum analyzer supported earlier monitoring data in that the primary sound energy is concentrated in the lower frequencies. Further discussions on frequency distribution is not necessary at this time. Conclusions and Comments - Data from February 29, 1984, indicate that Sperry Univac is in compliance with Minnesota Noise Rule NPC -2. The noise monitored is concentrated in the lower frequencies. Aircraft noise did not contribute significantly to the overall data. As mentioned earlier, Dr. Richard VanDoeren was conducting a noise survey for Sperry Univac concurrent with my monitoring. Although noise data collected by Dr. VanDoeren was not made available to me, I am confident in that data's integrity. I was able to accompany Dr. VanDoeren, as was a representative of Sperry Univac, throughout the majority of the monitoring event. Comparisons between my data and Dr. VanDoeren's can be made when all data becomes available. Again, to verify the representativeness of the noise on this date, I contacted two of the residents. Comments from those residents were similar to those received after the February 22 monitoring in that the noise was judged to be quieter than on previous days. I did communicate this information to Dr. Richard VanDoeren a few days later. A copy of the field data sheets can be found as attachments to this report. 0 0 Mr. Tom Hedges March 20, 1984 Page Five March 3, 1984 I mentioned earlier that residents had concerns about the representativeness of the noise during scheduled monitoring periods. Because of those concerns I made previous arrangements for one individual from the community to contact me when the noise was considered to be loud or at least representative. Luck would have it that I received a phone call at 12:15 a.m. and I responded. Location - Data was taken at the same location in Mr. Giblin's back yard previously used on February 29, 1984. In addition, I took spot readings along the entire length of the berm. Time - Monitoring was conducted from 1:00 a.m. to 2:30 a.m. Meteorology - Wind conditions were calm with clear skies. The temperature was 18°F. Relative humidity 60% and pressure 30.07 in Hg. Instrumentation - One Wortsila 7078 integrating sound level meter. Cali ration was performed before and after the monitoring period. Results - Because of the short lead time, I was not able to monitor using continuous equipment such as the Metrosonics dB -602. The Wortsila sound level meter is a hand held instrument and is not normally used to provide a statistical distribution of noise. The data is, however, useful in that it provides a reasonable approximation of what the L or L would be if more sophisticated equipment was available. 10 50 A copy of my field data sheet can be found as an attachment to this report. The data shows levels (monitored at my previous location in Mr. Giblin's back yard) ranging from 50 to 53 dB(A). Compared to levels obtained on February 22, (L 0 = 42 dBA) and February 29 (L55o0 = 42 and 40 dBA). March 3 was5 louder. I cannot accurately predict how much louder but my data shows the possibility of a 10 dB(A) increase. If a ten decibel increase is realistic then an average person would perceive a doubling of loudness. Additional monitoring along the top of the berm showed levels ranging from 50 to 56 dB(A) depending on location. Also, a 47 to 49 dB(A) range was recorded at the City owned building (previously monitored on February 22 ,1984). 76 0 Mr. Tom Hedges March 20, 1984 Page Six E Conclusions and Comments - Data from March 3, 1984, are inconclusive for assessing compliance with Minnesota Noise Rule NPC -2. The data does, however, show that levels were higher on March 3 then on other dates but the degree of increase is difficult to predict. Recorded levels show a potential ten decibel increase. A final comment concerning March 3, 1984. As I was arriving to monitor, Dr. VanDoeren was completing a scheduled monitoring survey for Sperry Univac. It will be interesting to compare my data of March 3 with his. I hope I have been able to provide the City .with useful information regarding the noise problem at Sperry Univac. The Agency is looking forward to conducting post monitoring upon installation of noise suppressing equipment. If I can be of further.assistance, please feel free to contact me. Yours truly, Dave Kelso Program Development/Noise Division of Air Quality DK/mpg Attachments -77 A. General Information Noise Source S rrN Uai1 f/C L Location ��N CC�I.��"A°�17) Date 7Yme (s) Start /0'00 p. N4 . Finish // :Oo B. Instrumentation U Meteorology: �P 36'F Wind Sp/Dir Rel. Humidity 9S% Bar. Pressure Z9 S9 aw 6-82 Manufacturer Model Serial # Cal N Cal Before Cal After Comments 06vwj%u, &oa M P,-* +a iq MPck qy qq Q{k Y/6! /omit. s « ,230 hn Pa/FfAAc/F 9y 9y 9 v. l elk Y/1-/ / " /rut . 5 Sq S7 66 '!f inPc - - - 6ra c. l.euo( pawrdee zti�� 3oF� �.Pa� ry1RcR qy qy•a 9'1•� C. Results - Metrosonics (dBA) 1. 2. 3. 4. 5. 6. N®®O®MMOM10. 63 125 250 500 1000 2000 4000 8000 16000 31500 5-6 ��� S9 5-6 • t Q ?S 23. .. — — Sq S7 66 '!f Sl SIS C2 .77 .7S D. Res ts — Uctave SIL 1 2 31.5 63 125 250 500 1000 2000 4000 8000 16000 31500 5-6 Sy S9 5-6 ff v7 ?S 23. 1s — — Sq S7 66 '!f Sl SIS C2 .77 .7S 0, /0: K 0 9 E. Observations pF(rvl00%/I w.l�+ti+e{�ewd nl fkl s4wip e,"bter rcmcfeat 4jvc►PF4 we" plseµ4 cW" 0400. 10:ys' 4 PIIS +%.5 bCOtLOOS "Acre Oe F. Dim S�,�y u,l✓ec �ifP.40111�� IOLP� 1 Investigator: �►� no 56 10CM ----------------- ---- - — — — — Broal 6 Kjmr — ML ov aim ,Qyr„y, ro:o9p lD:oo P.M. --———————————————— rrr------ SO qo 464 la:a9 P.M — — — Broal 3 Kjmr or mm dneA oV appy 1e: 19 Ft• p Ie: 2Q P«. sa qo dm ---------- erot /e:19 P.e+. Gil( aso(o cdl I bra" 99 6[sn- t,kmt Spee) Ba�«s ���1� E' ro:� p�`• 81 - or d "Y�' 10'. 0 pM. • • 6-82 NOISE SURVEY FORM A A. General Infoimation Noise Source SD¢vva %eUjLycL L Location M• Late 1-a4-gy Time(s) Start /. lo.'SO .2. /1 Tr Finish SO B. Instiwnentation 1. 2. 3• 4. Meteorology: Temp —/ 'G Wind Sp/Dir eo &2 Rel. Humidity S7 ib Bar. Pressure 30.0 � Manufacturer Model Perial H Cal b Cal Before Cal After Comments t of mprA j mqon�•1 S3 ot-9 B /C H/br ll�mr� 3Q yl Q 3a s6 .. 13 4v�f s6 30 ¢ MPcR wii�Rdr 4 9'I• / C. Results — Metrosonics (dBA) 1. 2. 3. 4. 5. 6. 00®m®m 63 '125 250 500 1000 2000 MMM.����•L 8000 16000 31500 S3 S4 S` 3Q yl Q 3a s6 .. 13 -- ■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■ D. Results — Octave (H_) 1 K 31. 63 '125 250 500 1000 2000 4000 8000 16000 31500 S3 S4 S` 3Q yl 39 3a s6 23 13 -- E. Observations AIV. n\VY tl&Dcowj 4p" j4A t Lt zt Ac-�,41&3 UV3 GOKdµoFL.� L't1CN l L'O V1 +Lk ivp ab io +44 Eu6Y � Ny �oaai�w. � ye�n'L�aitr�wLJ �ow+ r3Pavey L4+waL Woy a.�Ge �ea�. soow�, p✓ko �� wos nek��. F. Drag... is N10►��or,u5 Luas MOP m A CALew, �t..c cg Agwt U -V5 twFotk0X&w VO4 mj EI�a S}(VGkFj kOc dL'j 5?ZVVI LiuWat . Investigator: D. YA,20 .0 Alk Ah 4CIAM •T2 rv� — �8 r Ops ons — 3a • o �;,, $k - G1oa✓ I' TnS�'Y�cn,en 7a.��on �I .Sor�ncli ie�e.� wte.�a - r.J"o�1S/1a. Tyre i eu-li6ralBv - r3 � la y33o C 4�( dl3 7C - (.a,liq,a.h i i �! Yno-miloray, bcahgnAs lava/ M peot pve-�I&C,�,F- 6-fhlins bark 50-S3 r".t £d PolPQl }ree �Ikr w� %erg+ }B S`1 -Sb Var-ONt let' f"CM b-ev. Ivp) SAerr si4 *".2 fror., bvvw b Sa-S3 5 trr 5 t�c ".3 ( VBw1 be�w i6p) so'S.J Tn ac/)«loll e C An, beva" io r�-s3 lveyt g her- rxe rows bevm 51, r3 �.,a Aer ldibi y7�l p D Middle s�rfe-t rN fre++`..I- ore ,6411k5 • LAW OFFICES • HAUGEN AND AiIHOLAI. P.A. 1936 MIDWEST PLAZA 6ULLDIMG 601 NICOLLET MALL ORP,N M.NAUGEN MINNEAPOLIS. MINNESOTA SS4O2 THOMAS J. NIaOLAI (BR; 339.7-61 �. DOUGLAS L.TSCNiDA JAMES T.NINOLA. March 14, 1984 Ms. Jan M. Cain, Chief Regulator Compliance Section Division of it Quality Minnesota P lution Control Agency 1935 West Co(%ty Road B2 Roseville, MN 113 Dear Ms. Cain: Mr. John Gustin, the President of the Timberline Civic association, provided me with a copy of your letter to him of February 28, 1984. 1 am a resident of the Timberline area and my property borders an that of the Sperry Corporation. 1, too, am concerned over the 'potential for health hazards created by Sperry's new semiconductor factory for many of the reasons set out in the Time Magazine article which Mr. Gustin provided to you. Your letter indicates that the Minnesota Pollution Control Agency staff examined information about the equip -hent for the semiconductor factory and, apparently, based upon the examination of that information, it was concluded that Sperry's operations do not constitute a health hazard. 1 am concerned that, because the information on which you based your conclusions was furnished by Sperry personnel, the information may not be reliable. The same persons responsible for designing the equipment in the factory may not report facts which could make them look had in the eyes of their management and there is a natural tendency to minimize the potential for harm to the health and safety of the neighboring community by only providing self-serving information while withholding that which would be adverse. Furthermore, we in the neighborhood have developed a strong mistrust for the inside facilities engineering personnel at Sperry because of the manner in which misrepresentations and half-truths have been reported to the City of Eagan as it relates to an on-going noise pollution problem we have been faced with for the past nine months. Rather than basing your Agency's opinion as to the safety and efficacy of the air pollution abatement equipment based upon data supplied by Sperry, the neighboring citizens would be more comfortable if trained personnel of the MPCA actually visited the Sperry Plant, examined the equipment and the effluents being discharged into the atmosphere. Then, too, periodic surprise visits by MPCA staff persormei should be made to ensure that the equipment installed by Sperry is properly maintained so as to remain effective on a continuing basis to limit possible harmful 06 -% �1jf .:1 � 1.i �.�• PATENTS TRADE AP.5 COPYRIGFTS 0 Ms. Janet M. Cain, Chief March 14, 1984 Page Two discharges. In this regard, I have been informed that a couple of years ago transformers and other electrical equipment on the roof of Sperry's Plant on Shepard Road had to be replaced because the electrical insulation on that equipment had been eaten away from the corrosive effluents being given off from Sperry's printed circuit manufacturing facilities in that plant. I would stress that I do not have personal, first- hand knowledge of this fact, but it was reported to me by an individual who is in a position m know. 1 hope that your Agency will respond to -this request and that trained personnel will conduct an on-site investigation and a detailed analysis, not only of the equipment being used to control harmful emissions, but the effectiveness of that equipment over extended periods as well. Very truly yours, Thomas J. Nikolai 1504 Red Cedar Road Eagan, MN 55121 TJN/Ijr vofc: Thomas Hedges, City Administrator W. 1•. L, • LAW OFFICES HAUGEN AND NIKOLAI, PA. 1936 MIDWEST PLAZA BUILDING 601 NICOLLET MALL ORRIN M.HAUGEN MINNEAPOLIS. MINNESOTA 66.402 PATENTS THOMAS J. NIKOLAI (612) 339-7A61 TRADE MARKS COPYRIGHTS DOUGLAS L.TsCHIOA JAMES T.NIKOLAI March 19, 1984 Mr. Thomas Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, MN 55121 Re: Sperry Semiconductor. Noise Pollution Problem Dear Tom: Noting the manner in which Eagan City officials have responded to the complaints of the Timerline residents relative to the noise created by Sperry's semiconductor industrial plant, 1 am getting to the point where I feel that further complaining is strictly an exercise in futility. Nonetheless, I wanted you to know just how terribly dissatisfied my neighbors and I have been on the inability of the City to compel any corrective action on the part of Sperry. As you may or may not know, Sperry has now installed the long-awaited diverters on its stacks and I am writing to say that the evening of March 16 and early morning of March 17 was perhaps the worst it has been. I was awakened by the loud throaty roar about 300 a.m. and tossed and turned listening to that din until 5:00 a.m. At that point I left my bedroom and went to sleep on the livingroom couch. It is so damn frustrating. This whole problem started over nine months ago. We attempted to work with the Sperry people. We attempted to work with City representatives. We called in the Minnesota Pollution Control Agency. We have written to top management at Sperry. We have appeared before the City Council and expressed our complaints. We have repeatedly called the police. • We have attempted to have the City's General Nuisance Ordinance enforced against Sperry. The City Attorney refuses to prosecute. Even though I have lived in my home for 18 years and spent considerable sums to improve my home and property, my wife and 1 are now considering moving to get away from this problem. However, how can I possibly command a fair price for my home when potential buyers would be exposed to the excessive noise which grinds on, 24 hours a day. Mr. Thomas Hedges March 19, 1984 Page Two The City of Eagan has already found Sperry not to be in compliance with its R do D Zoning restrictions as far as noise is concerned. That determination was made way last October. With reference to Councilman Egan's statement at the February 7th hearing, just how must rope does the City intend to give to Sperry in this matter? I believe we have another hearing before the City Council coming up on April 3. 1 would hope by that time that the Mayor and City Council members will have gone to the bother of visiting the Timberline area and hearing first-hand the problem which we have been complaining of for so long now. I have provided you with a tape recording of the noise back in late January or early February so that the mayor and council members could get the full flavor of the problem prior to the February 7th hearing. I believe that tape stayed in your desk drawer. Mr. Kelso from the M.P.C.A. has been taking measurements and found, on the one occasion when Sperry was unaware that he would be doing so, that the noise was about twice the intensity permitted by the M.P.C.A. standards. Eagan's Ordinance for R & D Zoning is much more restrictive. I also hope that by April 3, 1984, the City Council will have received some sort of direction from Mr. Hauge, our City Attorney, concerning the manner of enforcement of the existing ordinances, both those relating to land use regulations (zoning) and those pertaining to the maintenance of a public nuisance. Nobody, including yourself, Jay Berthe or Paul Hauge seems to be able to explain the enforcement procedure. If there is no enforcement, there might as well be no ordinance! As I have so often said, if any one of the Timberline residents were to create the level of noise which Sperry is and another neighbor complained, a refusal to cease the noisemaking would be met with police action, prosecution and fines. Why should not Sperry be brought into court and tried for its violations? About the only thing we have not, as yet, done in an attempt to get this situation turned around is to bring in public pressure via newspapers, television, etc. This is because we have been reluctant to advertise the fact that our area has this severe problem because of the adverse impact on property values. However, if this condition is allowed to persist, there will be no hiding it anyway and, as a result, we will have no choice but to take further actions which will reflect the fact that the City of Eagan is .either incapable of or, unwilling to provide even-handed justice to both its homeowners and its corporate residents. MA 0 Mr. Thomas Hedges March 19, 1984 Page Three The. above may come across to you as somewhat of a diatribe. However, it is being written out of frustration and by a person who has been denied still another night's sleep. ery truly yours, Thomas J. ikolai 1504 Red C ar Road Eagan, MN 55121 TJN/Ijr cc: Mayor -Bea Blomquist Councilman Thomas Egan Councilman James Smith Councilman Ted Wactler Councilman Jerry Thomas Mr. Paul Hauge, City Attorney Mr. David Turcott(Sperry) Mr. Jack Nichols (Sperry). Mr. Robert Falstad (Sperry) Mr. G.G. Probst (Sperry) Mr. David Kelso (M.P.C.A.) Mr. John Gustin 9I ORRIN M.H.UGEN TNOMAs J. NIKOLAI DOUGLAS L.TSCMIDA .MMES T.NIKOLAI • LAW OFFICES 0 HAUOEN AND NIBOLAI, PA. lyse MIDWEST PLAZA BUILDING 001 NICOLLET MALL MINNEAPOLIS. MINNESOTA 55402 (SIZ: 339-7A61 March 26, 1984 Mr. John Gustin 3061 Woodlark Lane Eagan, MN 55121 Dear John: PATENTS TRADE MARKS COPTRIGNTS On March 24, 1984, 1 called Mr. Bob Falstad. Sperry's in-house lawyer, in an attempt to determine whether all of the sound abatement equipment had been installed. He informed me that he had been out of town most of last week and did not know the answer. He promised to find out and to call me back. About one-half hour later. 1 received a call from Mr. Falstad and he advised me that at noon on Friday, March 16, 1984, the sound abatement equipment had been irsta!led. That is, both the six diverters and the one attenuator were in place and were running as of noon on the 16th of March. We spent approximately 45 minutes discussing the sination and the following are my recollections of the points raised and discussed during that conversation. First of all, when I referred to the situation as "Sperry's noise problem", Mr. Falstad took issue with that and stated that Sperry has never acknowledged that a problem exists. Such a comment, made nine months after this all began and in light of all that has taken place, upset me and 1 indicated to him that as long as Sperry and its people were going to maintain that mentality, I did not see that the homeowners could expect any solution to come from Sperry. For the most part, Mr. Falstad pled ignorance on most of my inquiries but, like a lawyer, continued to press to determine just what facts we had at hand. He expressed some concern that 1 had a "pipe -line into the plant", and he inquired as to whom my contacts are. I told him that I had already informed Sperry in my correspondence just whom my contact was, ie., an unsuccessful bidder for the sound abatement equipment. Mr. Falstad also seemed to be surprised by the fact that I 'mew the identity of the sound expert which Sperry had hired. 1 indicated that that information came to me from a report which was generated by Mr. Kelso of the Minnesota Pollution Control Agency and submitted to the City of Eagan. 1 did not see that that was a private or privileged fact. 9a J Mr. John Gustin March 26, 1984 Page Two C, We discussed the MPCA report dated March 20, 1984, and its finding that on the one occasion when Sperry was not aware that Mr. Kelso would be performing monitoring functions, the noise levels happened to be twice that which was measured when Sperry was aware that the MPGA was in the area with its monitoring equipment. Mr. Falstad said that he had made many inquiries concerning the Timberline residents' allegations that the sound levels were being manipulated by Sperry and insists that they have not been. Mr. Falstad requested that I cease directing letters to high level management at Sperry and, instead, communicate only through him. 1 declined this request indicating that in the past, on several occasions, my efforts to obtain information through him had been unsuccessful and that on several occasions when I have called him and made inquiries concerning the status of the installation of the sound abatement equipment, he has failed to get back to me with a promised response. 1 also told him that Mr. Michaud was not responding to calls but, instead, was having Mr. Falstad return them. Attempts to obtain stars information and plans for future corrective measures have been met with what can only be characterized as "stonewalling". I also indicated that the noise problem has not been satisfactorily resolved and is still so serious in the minds of the neighboring residents that we should not be expected to pull any punches merely because certain Sperry personnel, having direct responsibility for solving the noise problem, might be embarrassed in having upper level management aware of their failures. Toward the end of our conversation I pointedly asked Mr. Falstad whether the equipment which Sperry has now installed is considered to be the final solution to the noise pollution situation and whether Sperry intends to do anything further to curtail the noise. Mr. Falstad indicated that he could not speak for Sperry but that he would attempt to find out what further, if anything, might be done. I asked him when he felt he could get back to me with an answer. He indicated that he did not know, but that Sperry will have to come up with some answer by April 3, the date for the next scheduled City Council meeting on the subject. In dosing, I indicated that spring was now here and very shortly the homeowners in the Timberline area will be having their windows open. 1 indicated to him that if the sound levels were not brought within the criteria established by the City of Eagan's Zoning Ordinance for R do D zoned property, that a lawsuit was certain to result. Very truly yours, Thomas 1 Nikolai TJN/ljr cc:Giblin m Hedges • LAW OFFICES • '-'�' " HAUGEN AND NIHOLAI. PA. I936 MIDWEST PLAZA BUILDING 601 NICOLLET MALL OQP.N M.NAUGEN MINNEAPOLIS. MINNESOTA 55402 PATENTS THOMAS J. NIKOLAI (612:338-7461 Tq DE AM.5 COPTAIGMTS ODuGLAS L-TSCNIDA JAMES T. NIKOLAI March 26, 1984 Mr. David/Turcotte Sperry Corporation P. 0. Boz 43525 St. Paul, MN 55164 i Re: Sperry Noise Pollution Problem Dear Mr. Turcotte: Please consider this as a formal request for Sperry to provide to me, as a representative of the Timberline neighborhood, a copy.of all test data and test reports. generated by Dr. VanDoren relating to the noise conditions at your Semiconductor Operations. we would like to have this information available.by March 30, 1984 so that we will have an opportunity to review it prior to the April 3 public hearing. I would be happy to stop by and pick it up from you if mailing,time is going to be a problem. Very truly yours, Thomas J. Nikolai TJN/jk / cc: Tom Hedges, City of Eagan ✓ Dave Kelso, MPCA John Gustin I AAIIGE, SuiTH, EIDE & KL•'LLER, P. A. ATTORNEYS AT LAW PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID O. KELLER Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 CEDARVALE PROFESSIONAL BUILDINGS 3808 SIBLEY MEMORIAL HIGHWAY EAGAN. MINNESOTA 79122 March 30, 1984 Re: Sperry Semi Conductor Plant Noise Complaints Dear Mayor and Councilmembers: An" Cope 812 TLLEPmomE 494.4224 Since the Council directed the staff to gather information and prepare a report for the regular Council meeting on April 3 concerning the complaints of neighboring residents -about noise from the Sperry Semi Conductor plant, there has been a significant amount of monitoring of the noise levels by two persons including Dr. Richard VanDoern, an independent noise engineer on behalf of Sperry, and David Kelso of the Minnesota Pollution Control Agency who was requested to do the monitoring by the City of Eagan. The neighboring property owners had also engaged Robert W. Fulton to monitor the noise levels and a report was earlier submitted to the City Council based on his findings. The results of these tests should be compiled by the staff prior to the April 3 meeting and the results available to the City Council at that meeting. In addition, it is our understanding that a noise attenuator was installed on one of the emission stacks and that baffles were installed on six additional noise emitting devices from the Sperry plant nearest to Timberline Addition. Some testing has taken place since the installation of the noise abatement equipment and the results will be compared by the noise consultants. Since the Council last considered the issue, the neighboring Timberline residents have filed official complaints with the Eagan Police Department alleging significant noise problems particularly during nighttime hours. It was our recommendation to the Eagan Police Department and the Council that the City not prosecute any complaints until additional testing takes place and the sound abatement equipment was installed. The reason for this primarily was that the Council members had indicated that they wanted to allow Sperry to attempt to reduce any alleged noise problem and also because of practical evidentiary problems that appeared to exist. In any event, some of the alternatives the City Council would appear to have relating to the noise complaints are as follows: March 30, 1984 Page Two 0 1. No Action. The Council could accept the findings of the noise consultants and determine that there is no significant noise problem if the results according to normal noise testing standards prove that such action is warranted. 2. Ordinance Citation. The City Council could authorize citations to be served upon Sperry alleging violations of certain ordinance provisions and these could include one or more of the following: a. Zoning Violation. The City Council could reaffirm its decision and resolution of October 4, 1983, at which time it determined that Sperry was in violation of Eagan Code Chapter 11.20, Subd. 18, relating to noise emissions from a facility in.a R 6 D zoned parcel adjacent to a residential area. The facts should be reviewed very carefully to determine that there is sufficient evidence. This may warrant prosecution under the specific ordinance resulting, of course, in potential fines against the corporation. b. Ordinance Compliance. Another alternative would be for the City Council to review all aspects of the Sperry Semi Conductor plant facility including compliance with all building permit requirements, conformance with all state requirements relating to noise emissions, compliance with air quality emission standards, and any other issues relating to the grant of building permits and other permits required for the establishment of the semiconductor facility. It is our understanding that Sperry did comply with state and local requirements in these respects. C. Noise Pollution. Violation of Code Section 10.42 concerning non- compliance with PCA noise standards is the basis for an ordinance citation. d. Nuisance Violations. We treated this issue in our letter to Chief Berthe dated February 23, 1984. There should be a showing that Sperry intentionally created, maintained, and permitted a condition which unreasonably damages, injures, or endangers the safety, health, morals, comfort or repose of a considerable number of persons. Two or more complaints have been filed by neighboring residents with the Eagan Police Department. 3. Injunctive Relief. If the City Council determines that there are violations of any of these State or City requirements or ordinances, there may be cause for injunctive relief against Sperry in the event of refusal to comply. Injunc- tive action could include the following: a. An attempt to force compliance with any laws or ordinances with which Sperry has failed to comply including building permit requirements, zoning requirements, etc. b. Require additional noise abatement devices including attenuators, baffles, equipment modifications, etc. MW March 30, 1984 Page Three 11 c. Compliance with Code Section 10.42 , Noise Pollution Regulations, which incorporates the PCA noise standards into the City ordinances. This could, of course, include fairly protracted litigation and also require a high degree of proof. We would recommend against this injunction alternate unless there is fairly clear and convincing evidence to proceed in any area of these directions. 4. The neighboring residential owners may have grounds for commencing their independent civil action against Sperry and have alleged in the past, such potential claims as diminution in value of neighboring residences and whatever other claims may be grounds for such an action. 5. The City Council may, if it finds that the results from the noise moni- toring are inconclusive, request another independent noise consultant to review and make recommendations concerning steps that should be taken by Sperry to reduce the noise or to determine whether other concrete steps could be taken to modify the equipment in addition to further noise testing. It is my understanding that some members of our Building Inspection staff are quite familiar with the noise emission equipment and might have recommendations in this respect. PHH:ras Very truly yours, HAUGE, SMITH, EIDE h KELLER, P.A. Paul . Haug `• \ (/ 94 C. 0 0 HAIIGE, Smim EIDE & FELLER, P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 3808 SIBLEY MEMORIAL HIGHWAY PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 EAGAN. MINNESOTA 55122 March 30, 1984 Re: Sperry Semi Conductor Plant Noise Complaints Dear Mayor and Councilmembers: AR[. Cam 812 T9LCPHGN2 454.622• Since the Council directed the staff to gather information and prepare a report for the regular Council meeting on April 3 concerning the complaints of neighboring residents about noise from the Sperry Semi Conductor plant, there has been a significant amount of monitoring of the noise levels by two persons including Dr. Richard VanDoern, an independent noise engineer on behalf of Sperry, and David Kelso of the Minnesota Pollution Control Agency who was requested to do the monitoring by the City of Eagan. The neighboring property owners had also engaged Robert W. Fulton to monitor the noise levels and a report was earlier submitted to the City Council based on his findings. The results of these tests should be compiled by the staff prior to the April 3 meeting and the results available to the City Council at that meeting. In addition, it is our understanding that a noise attenuator was installed on one of the emission stacks and that baffles were installed on six additional noise emitting devices from the Sperry plant nearest to Timberline Addition. Some testing has taken place since the installation of the noise abatement equipment and the results will be compared by the noise consultants. 1 Since the Council last considered the issue, the neighboring Timberline residents have filed official complaints with the Eagan Police Department alleging significant noise problems particularly during nighttime hours. It was our recommendation to the Eagan Police Department and the Council that the City not prosecute any complaints until additional testing takes place and the sound abatement equipment was installed. The reason for this primarily was that the Council members had indicated that they wanted to allow Sperry to attempt to reduce any alleged noise problem and also because of practical evidentiary problems that appeared to exist. In any event, some of the alternatives the City Council would appear to have relating to the noise complaints are as follows: • I , March 30, 1984 Page Two 0 1. No Action. The Council could accept the findings of the noise consultants and determine that there is no significant noise problem if the results according to normal noise testing standards prove that such action is warranted. 2. Ordinance Citation. The City Council could authorize citations to be served upon Sperry alleging violations of certain ordinance provisions and these could include one or more of the following: a. Zoning Violation. The City Council could reaffirm its decision and resolution of October 4, 1983, at which time it determined that Sperry was in violation of Eagan Code Chapter 11.20, Subd. 18, relating to noise emissions from a facility in a R b D zoned parcel adjacent to a residential area. The facts should be reviewed very carefully to determine that there is sufficient evidence. This may warrant prosecution under the specific ordinance resulting, of course, in potential fines against the corporation. b. Ordinance Compliance. Another alternative would be for the City Council to review all aspects of the Sperry Semi Conductor plant facility including compliance with all building permit requirements, conformance with all state requirements relating to noise emissions, compliance with air quality emission standards, and any other issues relating to the grant of building permits and other permits required for the establishment of the semiconductor facility. It is our understanding that Sperry did comply with state and local requirements in these respects. c. Noise Pollution. Violation of Code Section 10.42 concerning non- compliance with PCA noise standards is the basis for an ordinance citation. d. Nuisance Violations. We treated this issue in our letter to Chief Berthe dated February 23, 1984. There should be a showing that Sperry intentionally created, maintained, and permitted a condition which unreasonably damages, injures, or endangers the safety, health, morals, comfort or repose of a considerable number of persons. Two or more complaints have been filed by neighboring residents with the Eagan Police Department. 3. Injunctive Relief. If the City Council determines that there are violations of any of these State or City requirements or ordinances, there may be cause for injunctive relief against Sperry in the event of refusal to comply. Injunc- tive action could include the following: a. An attempt to force compliance with any laws or ordinances with which Sperry has failed to comply including building permit requirements, zoning requirements, etc. b. Require additional noise abatement devices including attenuators, baffles, equipment modifications, etc. i=1 March 30, 1984 Page Three C. Compliance with Code Section 10.42 , Noise Pollution Regulations, which incorporates the PCA noise standards into the City ordinances. This could, of course, include fairly protracted litigation and also require a high degree of proof. We would recommend against this injunction alternate unless there is fairly clear and.convincing evidence to proceed in any area of these directions. 4. The neighboring residential owners may have grounds for commencing their independent civil action against Sperry and have alleged in the past, such potential claims as diminution in value of neighboring residences and whatever other claims may be grounds for such an action. 5. The City Council may, if it finds that the results from the noise moni- toring are inconclusive, request another independent noise consultant to review and make recommendations concerning steps that should be taken by Sperry to reduce the noise or to determine whether other concrete steps could be taken to modify the equipment in addition to further noise testing. It is my understanding that some members of our Building Inspection staff are quite familiar with the noise emission equipment and might have recommendations in this respect. PHH:ras Very truly yours, HAUCE, SMITH, EIDE & KELLER, P.A. Paul 174 C. 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Nineteen 0 CONDITIONAL USE PERMIT/COMMERCIAL STORAGE FACILITIES B. Perry Keiffer for a. Conditional Use Permit for Commercial Storage Facilties in an Agricultural Zoning District -- A public hearing was held before the Advisory Planning Commission at a regular meeting held on January 24, 1984 to consider an applica- tion submitted by Perry Keiffer requesting a conditional use permit for outside storage. Due to Mr. Keiffer's involvement with the Shrine Circus, it was not possible for him to attend the February 21 City Council meeting. Therefore, upon his request, this item was continued until the April 3 City Council meeting. 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 of which is enclosed on pages q through 10 y For additional information on the action that was taken by ,the APC, refer to a copy of their minutes enclosed on page A2 . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for commercial storage for Perry Keiffer. 95 C CITY OF EAGAF SUBJECT: CONDITIONAL USE PERMIT APPLICANT: PERRY KIEFFER LOCATION: PART OF THE SW's OF THE SA OF NES., 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. RUNKLE, 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 SW< of the NE'a 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: CITY OF EAGAN CONDITIONAL USE PERMIT - PERRY KIEFFER C 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 49Z 57 Survey Por: aK 4l,t45 C Perry Kieffer 3955 Undd goad FAmanr MN 5',111 DELMAR H. SCHWANZ-�� yHp.u,v..an Scale uw•.� arc u.r. w...... Tr.-r41TH ST•EIT w. -SOaw • 1412•21rle. RUAVIYOa'S CERTIFICATE N•Cro. UuE •} OOTM 05.00 iae.� Wyt,s1j114, r 477.00 . N 04057"SV E. i ' 4' A I i v . 8 V% 43 w4 LO --N' 1 % I d I. _ Ur •i « a tiya ti .r / a o• 13 �� S r IT ff W71'�'OPJ'4" qL w VIQ � 7 . Z 40AI J, �4e.21 ,40.09 4T1.00 A 59•57't9' e. .t W Vt,SWV4, NE'�41 Sac. Z4, T. X11 C. 23 I hereby certify that this Is a true and correct representation or a survey of the boundaries of the following described tract of lend: The east 475.00 feet of the south 475.00 feet of the West Half of the SouthweeC Quarter of the Northeast Quarter of Section 24, Township 27, Pange 11, Dakota County, Minnesota. Subject to all easements of record. Alen ehnuing the major buildings as located thereon. -" 19g Aa a.rrv.vaA by m. thla slat Aay of October, SUBJECT PARCEL 06" c C ADEN L TS T • S. A. R. # 63A ui �ftir.I r• D WEST PU 8LISNIN 99 a Ist ADD.Ell o I v SUBJECT PARCEL CUe • W q ~ G8 I I -I ; /z C. S. A. H. s 30 I r — --- AUDITOR'S sUBD. NO. aZ 0 0 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 PER?QT 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. 'tt 6 /ol 6 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Twenty CITY CODE UPDATE/REVISIONS C. City Code Update/Revisions -- As stated in the written and verbal background for the February 21, 1984 City Council meeting, the ordinance codification was originally adopted by the City Council effective January 1, 1983. However, since the approval of that document, changes in City Code language 'have been pro- posed by both City staff and City Council, in addition to correc- tions, changes in State law and other revisions, causing -a need to update the City Code. Municipal Ordinance Codifiers, Inc., were again retained to review the various changes proposed for the ordinance codification, and upon completion of all amendments to the City Code, action was taken by the City Council at the February 21 City Council meeting to approve all changes with the exception of Chapters 11 and 13 as well as several other items that were directed by the City Council to the City Adminis- trator for further review and consideration. There were specifi- cally four items which were addressed by the City Administrator in a memo to the Director of Finance who is responsible as City Clerk for all ordinances and a copy is enclosed on page X03 for your reference. The Director of Finance has coordinated these ordinance changes, all of which have been reviewed by the City Administrator and City Attorney's office. For a copy of the ordinance codification revisions as prepared by the Director of Finance, refer to pages through it % which includes a response to the questions that were raised by the City Council and also a review of the changes for Chapters 11 and 13 which pertain to zoning and subdivisions. The Advisory Planning Com- mission held a public hearing at their last regular meeting and are recommending the changes as outlined in Chapters 11 and 13. If the City Council desires any additional information, please feel free to contact the City Administrator's office. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the final changes to the revisions proposed for the City Code. WL- 0 0 MEMO TO: DIRECTOR OF FINANCE VANOVERBEKE FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 23,1984 SUBJECT: ORDINANCE CODIFICATION REVISIONS In official action that was taken by the City Council at the February 21 meeting, all revisions to the City Code were approved with the exception of language in Chapters 11 and 13 that has not been published by the City Council. The City Attorney has agreed to coordinate which language has appeared before the Advisory Planning Commission, City Council and received final publication so that publication need not be duplicated. Other changes that were made by the City Council as a part of their official action at the meeting Tuesday include the following: 1) Ordinance #9, second series, Subdivision 4B - change 500 to 350 ft. in that paragraph. 2) Chapter 6 - The City Council is questioning how the definition of kennel was changed to 4 rather than 3. It appears the City Council still favors 3 or more dogs or cats rather than 4 as proposed. 3) Ordinance #16, second series, Section 10.30 Curfew - The City Council would like to eliminate curfew .entirely from the City Code. Chief of Police Berthe should review the consequences of eliminating curfew from the City Code and prepare a memorandum if he feels language should be retained for law enforcement purposes. Please share these concerns with Jay Berthe, and I will be happy to discuss this matter in further detail with him. 4) Please define under Ordinance #2 what the prohibition of trapping means. It was my understanding and the understanding of the City Council that trapping is to be prohibited in city parks and land under 5 acres. Please provide further definition of prohibiting trapping. I would suggest that after the public hearing is held by the Planning Commission to consider changes as proposed in Chapters 11 and 13, that all the revisions that were not adopted by the City Council and changes under Chapters 11 and 13 be presented to the City Council for their final review. It is anticipated that this will occur at an April City Council meeting. However, I may wish to address the curfew ordinance, trapping and change in the kennel license before that date if staff feels strongly about making changes that the City Council to date is not concurring with. City Administrator TLH/jj cc - Paul Hauge, City Attorney to 3 0 0 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: MARCH 28, 1984 SUBJECT: ORDINANCE CODIFICATION REVISIONS In your memo of February 23, 1984, you listed certain items for which the City Council requested additional information/changes to the ordinance codification revisions as they were presented at their meeting of February 22, 1984. I have reviewed the material and provide the following information: 1. The mailing notice regarding moving buildings is being changed from 500 ft. to 350 ft. per the City Council's request. 2. Ordinance No. 5, prior to codification, defined a kennel as "Any shelter, place, building, abode, or enclosure used for the prupose of keeping, maintaining, breeding, training or raising more than three licensed dogs or three dogs over 3 months of age". This has been interpreted, correctly I believe, to mean that kennel licensing would start with 4 or that 3 would not require the license. The original ordinance codification of 1982 defined a kennel as "Any place, building, tract of land, abode or vehicle, wherein or whereon three or more dogs or cats, or combination, over six (6) months of age, are kept, kept for sale, or boarded". This process changed the numbers, reducing them by one, meaning that the license requirement starts at 3 or that 2 would not require the license. In the current review process, we are simply attempting to get back to where we were prior to codification. No staff person has been willing to admit to requesting the reduction, however, if that is the City Council's desire, then Ordinance No. 12, 2nd Series, should not be adopted and enforcement of the Code as written at the reduced numbers should commence. 3. This question has been resolved at the March 22, 1984, City Council meeting. 4. The reference in Lorraine E. O'Reilly's memo of February 13, 1984, to inserting Ordinance No. 2 prohibiting trapping means that the ordinance adopted March 1, 1983, will become part of the Code. A copy of this ordinance as adopted is attached. I believe it does what you state to be your under- standing and that of the City Council. CITY ADMINISTRATOR HEDGES MARCH 28, 1984 PAGE 2. The public hearing for Ordinance No. 7, 2nd Series, amending Chapter 11 and Ordinance No. 13, 2nd Series, amending Chapter 13 was held before the Advisory Planning Commission on March 27, 1984, and these changes are now' ready for City Council review. My memo to Dale Runkle outlining the changes is attached for your reference. Hopefully, all of the revisions can be given approval at the April 3, 1984, meeting. Upon this approval my office will coordi- nate the publication, etc., with the City Attorney's Office as well as with Roger Jensen. Please let me know if you desire ;any additional information or would like to discuss these items in more detail. Please also let me know what other copies you desire. Generally, the ordinances have not been retyped into final form and probably will not be until the whole package can be processed. U Fina a Director City Clerk VanOverbeke EJV/jj Enclosure CC Tdu� tlnuq Q, os • ORDINANCE NO. 2, 2N• ERIES 5 AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 10, ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY ADDING A PROVISION REGULATING TRAPPING; 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 Chapter 10 is hereby amended by adding a Section to read: SEC. 10.13. TRAPPING PROHIBITED - EXCEPTIONS. Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated: A. "Trap" - Any device, snare, artificial light, net, bird line, ferret, hawk, vehicle or contrivance whatever used to catch, snare, kill, or otherwise restrain the free movement of animals or birds. B. "Trapping" - The act of setting, laying or possession with intent to set or lay a trap. Subd. 2. Unlawful Act. It is unlawful for any Iperson to do any trapping. to: Subd. 3. Exceptions. This Section shall not apply A. Owners of platted lots of five acres or more, and then only if it is done by the owner, a member of the owner's family, or by written consent of the owner; pro- vided, that such trapping is not done upon or within 100 feet of the boundary of any City, County or State park, organized recreational area, or other public property. B. Quick -kill trapping if the traps are designed to kill only rats, mice, gophers or moles. C. Employees or duly authorized representa- tives of the City, County, State or Federal government acting within the course and scope of their employment. D. Teachers trapping for educational programs or scientists for the purpose of studying animals, wild life or birds, which will be returned to their natural environment uninjured. /06 L 0 Section 2. City Code Chapter 1 entitled "General Provisions and Dee inoitions 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 3. Effective Date. This Ordinance shall take effect upon i s`� a od ptlon and publication according to law. ATTEST: Its y Clerk CITY COUNCIL CITY OF EAGAN By: !Its Mayor/— Date Ordinance Adopted: March 1, 1983 Date Ordinance was Published in the Fagan-rhronic!le -April 25, 1983 -2- /07 0 MEMO TO CITY PLANNER RUNKLE MARCH 22, 1984 PAGE 2 Reference City Code Page VII. 313 0 The word "Utilities" is changed to "Facilities" (underlined) and is a correction of a typo- graphical error. The attached copy of Ordinance No. 13, 2nd Series, contains the proposed changes to Chapter 13, and they are as follows: Reference City Code Page Explanation I, 372 Changes the process which pro- vides for a Council waiver of certain items in the plating process. II. 382 Removes the word "residential", which then causes park dedication to be satisfied for all plats. III. 383 and 384 Changes the deadline for. record- ing a plat to within sixty (60) days "from final plat approval" by the Council. This corrects a codification error. IV. 397 Corrects the typographical error on Intermediate. V. 398 Changes 2' to 12' and adds "and gutter" to the last two types of streets. These are error corrections. VI. 399 Changes "Trails" to "Trailways" and changes "and" to "and/or". These simply clarify the language. VII. 399 Adds the words "and adjacent" to clarify the meaning of this section. VIII. 399-400 D. is added as a new Item. IX. 401 Corrects the reference to City Code Chapter 11. X. 402 Changes the word "one" to "per" which corrects an error. MEMO TO: CITY PLANNER RUNKLE FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: MARCH 22, 1984• SUBJECT: ADVISORY PLANNING COMMISSION PUBLIC HEARING ON PROPOSED CHANGES TO CHAPTER 11 AND CHAPTER 13 OF THE CITY CODE The attached copy of Ordinance No. 7 2nd Series contains the pro- posed changes to Chapter 11, and they are as follows: Reference City Code Page Explanation I. 270 This is a new definition of a "Planned Development". It was aFproved by the APC on May 10,1983. II. None This is a new definition of "Set- back". It previously was not defined. (The word minimal is not included.) III. 285 The word "and" in the code is being changed to "all" (under- lined). This merely improves the readibility of this sentence. IV. 287 The classification of I-1 is changed from "Light" to "Limited" and in I-2 "Heavy" is changed to "General". These items simply correct a codification error and make these classifications consistent with the terminology used throughout the code. V. 288 8 290 Remove Item 6 of Subd. 3 and Item 7 of Subd. 5 from uses under agricultural districts and re- sidential districts respectively. The City cannot require these special permits under State law. VI. 313 This is added as a conditional use. This item is included as part of the update package, how- ever, both the APC and City Coun- cil have previously approved it. 0 0 MEMO TO CITY PLANNER RUNKLE MARCH.22, 1984 PAGE 3 After the APC has held the public hearing,I will be processing the changes to the City Council for their review.. Please let me know if you have any questions regarding this material Finan Director/City Clerk VanOverbeke EJV/jj IID 0 0 C ORDINANCE N0. 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 C 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. 7 8. "Setback" - The airtiia! 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 L. districts are hereby established under which all lands in the City shall be classified: 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 Ldeviation from certain provisions of this Chapter. B. A waiver may be granted without Planning mmission review only when the subdivision consists of a split a duplex lot or lots with existing structures having dividual utility services designed in accordance with standards posed 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. Y' S. A determination on the method by which park dedication shall be satisfied for all plats. D. • 3. Recording of responsibiity of the subdivider to file County Recorder, within sixty (60) days by the Council unless a time extension -1- Plat. It shall be the the plat with the Dakota from final plat approval has been granted by the_j 0 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 9 of Subparagraph A and Item 5 of Subparagraph B of Subd. 4 entitled "Street Design Standards", to read: A. Public Streets. 9. Street surface widths and other design standards will be addressed in the City Handbook. Street right- of-way widths shall be as shown in the Comprehensive Plan and where not shown therein shall not be less than as follows: Street Type Principal Arterial Intermediate Arterial Minor Arterial Community Collector Neighborhood Collector Local Access Minimum Right -of -Way Width B. Private Streets. 150-300 feet 150-200 feet 100-150 feet 80 feet 66 feet 50 feet 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 Subdivisions 5 and 6, to read: Subd. 5. Sidewalks and Trailways. Sidewalks and/or trailways shall be installed in accordance with City Code provisions and applicable policies. Subd. 6. Easements. A. Utility and drainage easements abutting public street rights-of-way and adjacent properties and centered on rear or side lot lines shall be at least, ten feet (101) wide or wider as may be required by the City. -2- K c 0 B. Where a subdivision area, water course, drainageway, channel provided a storm water easement or conforming substantially with the lines incorporating elevations as required by 0 is traversed by a ponding or stream there shall be drainage right-of-way of such water course and the City. C. Trails or pedestrian ways shall be shown as Utrailways" on the final plat or as separate easements as the City may direct. D. All other easements of record and those .required iitasubdivision. to provide the required utilities to service he 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 jreference in Chapter 4.) 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 __�( erer__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: -4- %11. Agenda Information April 3, 1984 City Page Twenty -One 0 Packet Council Meeting 46 APPOINTMENT OF ADVISORY PLANNING COMMISSION ALTERNATE D. Appointment of Advisory Planning Commission Alternate -- Mr. Scott Merkley who was papointed in January of this year as the Alternate for the Advisory Planning Commission has been hired by the City of Eagan as an Engineering Aide and therefore must resign as a member of the commission. Since interviews for appointment to this position were held as lately as this January, the City Council decided to again consider the unsuccessful candidates for this position and made the present appointment from that group. The Council will be supplied with ballots at the meeting on Tuesday. The names of the candidates to be considered are: Vic Ellison, 1308 Carlson Lake Lane Roy W. Taylor, Jr., 1368 Highsite Drive James D. Wannigman, 3763 South Hills Drive Copies of their letters of application were enclosed with the packet for the March 27, 1984 special City Council meeting. If any Councilmember would like additional copies of these memos, please contact the City Administrator's office and copies will be supplied. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint the alternate member to the Advisory Planning Commission to fill the unexpired term of Scott Merkley. (The term of office expires as of December 31, 1984.) III 0 0 Agenda Information April 3, 1984 City Page Twenty -Two Packet Council Meeting PRELIMINARY PLAT/HOLMES ADDITION A. Paul Holmes for Preliminary Plat, Holmes Addition, Containing One Acre Consisting of Two Single -Family Lots -- A public hearing was held before the Advisory Planning Commission at their February 28, 1984, regular meeting and then due to a continuance was again considered at the March 27, 1984, APC meeting. The Advisory Planning Commission is recommending approval of the application. It should be noted that the Advisory Planning Commission spent considerable time on this item reviewing the present and future planning of the area, taking into consideration many of the cost factors as to what will occur with future development around the proposed preliminary plat. Upgrading streets and other related improvements were considered as a part of the cost analysis. For additional information on this item, refer to the City Planner's report, a copy is enclosed on pages rZ6 through1:3 a For a report of the Advisory Planning Commission action, eefer to those minutes; a copy is enclosed on page(s) 13 - . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat entitled Holmes Addition containing one acre consisting of two single-family lots. Special Note: Enclosed on pages 13 S through I3 7 is a letter from the City Attorney's office regarding this item. III 0 0 CITY OF EAGAN SUBJECT: PRELIMINARY PLAT - HOLMES ADDITION APPLICANT: PAUL HOLMES LOCATION: PART OF THE NA OF THE NA OF SECTION 10 EXISTING ZONING: R-1 (RESIDENTIAL SINGLE DISTRICT) DATE OF PUBLIC HEARING: FEBRUARY 28, 1984 DATE OF REPORT: FEBRUARY 21, 1984 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been submitted requesting preliminary plat approval, Holmes Addition, consisting of approximate- ly 1 acre and containing 2 single family lots located in part of the NW4 of the NW's of Section 10, Parcel 10-01000-020-29 north of Quarry Lane and Towerview Road. COMMENTS This parcel has been zoned previously to R-1 (Residential Single Dis- trict) and would allow only single family homes to be developed. The applicant has submitted an application to split this 1 -acre parcel in- to two single family lots of which each lot would exceed the 12,000 square foot minimum requirement. Lot 1 would have a 90' lot width and contain 15,888 square feet net area and Lot 2 would have approx- imately 174' of frontage and contain 18,780 square feet of net area. In review of this particular parcel, there appears to have been a high- way easement granted across this property to provide access to the pro- perty further to the east and south. In accordance with this easement, it appears to encumber a 20' area across the front of the property and run diagonally across the property on the westerly edge. To the south of this property is a platted subdivision of which Towerview Road has been dedicated as a half right-of-way. In review of this particular subdivision, it appears that only a 50' right-of-way would be needed because the street would only service one or two other properties due to the location of LeMay's Lake. Therefore, this road is never expect- ed to be upgraded past a residential street. Consequently, additional right-of-way would not be required. In review of this particular subdivision, there appears to be two is- sues which should be reviewed in relation to this preliminary plat. The first issue is in regard to a proposed shoreland ordinance. The shoreland ordinance which the City has been working on for a number of years is presently up for review by the Advisory Planning Commis- sion. In this ordinance, it classifies LeMay's Lake as a recreational development body of water and would require a 75' setback from the 17.0 CITY OF EAGAN PRELIMINARY PLAT - HOLMES ADDITION FEBRUARY 28, 1984 PAGE TWO high water elevation once the ordinance is adopted. Presently, due to the configuration of the property and the dedication of the road and setbacks from the road and the lake, the applicant can only obtain a 50' setback vs. a 75' setback which would be required once the ordi- nance is adopted. The City has been informed by the property owner that they have reviewed this with the Department of Natural Resources, and the Department of Natural Resources does not see a problem with the 50' setback requirement as proposed. The other issue regarding setbacks is in regard to the right-of-way for Towerview Road. If the applicant dedicates the additional 20' of right-of-way for Towerview Road, the applicant can then only meet a 20' setback requirement instead of the required 301. The proposed house is drawn in accordance with what is proposed to be built, and a 10' setback variance would be required from this particular set- back requirement. The last issue in regard to this plat is that it is the Planning De- partment's understanding that Lot 2 would require a lift station or pump in order to get access to sanitary sewer for this particular lot. The applicant is aware of this, and this would be a requirement if the plat is approved. Also, presently Towerview Road is not up- graded to its potential, and the one additional house requires that the applicant petition to upgrade Towerview Road to its ultimate de- sign as a'residential street, or since only one additional dwelling unit is being constructed, that the upgrading would not have to occur at this particular time. This will be an engineering decision and.a recommendation as to how this -street should be addressed. If approved, the preliminary plat should be subject to the following conditions: 1) Adequate rights-of-way be dedicated for Towerview Road. 2) A 10' front setback variance be granted for Lot 1 and 2 of the proposed plat. 3) The plat be reviewed by the Department of Natural Resources for their comments. 4) A park dedication shall be required as requested by the Advisory Park Commission. 5) All other applicable ordinances be adhered to. DCR/jach 1 ;�k CITY OF EAGAN PRELIMINARY PLAT - HOLMES ADDITION FEBRUARY 28, 1984 PAGE THREE ENGINEERING RECOMMENDATIONS 6) A detailed grading and erosion control plan will be required to be submitted for approval. 7) Public improvements shall be extended along Towerview Road east of Quarry Lane. 8) A turnaround shall be provided at the end of Towerview Road. 9) The existing 20' easement shall be dedicated as public right- of-way,for Towerview Road. 10) A ponding easement shall be required to be dedicated to en- compass the high water elevation of LeMay's Lake. 11) This development shall be responsible for trunk area water and storm sewer assessments at the rate in effect at the time of final platting. 12) All costs associated with public improvements shall be the sole responsibility of this development. 13) All easements shall be dedicated as required by staff in the Engineering Report. RMH/jach I- 0 9 MEMO TO: THE ADVISORY PLANNING COMMISSION, C/O DALE C. RUNKLE, CITY PLANNER FROM: RICHARD M. HEFTI, ASSISTANT CITY ENGINEER DATE: FEBRUARY 23, 1984 SUBJECT: HOLMES ADDITION PRELIMINARY PLAT The Engineering Division of the Department of Public Works has the following comments regarding this proposed development for consid- eration by the Advisory Planning Commission and City Council. TOPOGRAPHY/DRAINAGE The existing topography over this proposed development consists of a side hill sloping to the northeast and LeMay's Lake from an ele- vation of approximately 908 at the southwest corner of this propos- ed development to a normal water level of 873 at LeMay's Lake. This amounts to an average slope of 188. Subsequently, drainage over this development is to the northeast towards LeMay's Lake. LeMay's Lake is designated as Pond DP -2 on the City's Master Storm Sewer Comprehensive Plan and also has a positive outlet control. Further- more, LeMay's Lake is designated as a DNR protected water. Subse- quently, staff recommends a detailed grading and erosion control plan be submitted for approval. UTILITIES Sanitary sewer and water main are located within the intersection of Towerview Road and Quarry Lane. However, due to the drop in ele- vation resulting from the existing topography, it is not possible to serve Lot 2 with a gravity sanitary sewer service line. There- fore,.it will be necessary for the owner of this lot to provide a pump to overcome the elevation difference to dispose of his waste water. Gravity sanitary sewer service can be provided for Lot 1 provided the basement elevation is no lower than an elevation of 901. In accordance with City policy, this development will be required to extend sanitary sewer and water main to the east end of Towerview Road. This work shall be accomplished in accordance with the City's Engineering Guidelines. STREETS Existing streets providing access to this development consist of Towerview Road. Towerview Road is a City residential street which has not yet been improved to City standards east of Pilot Knob Road. Subsequently, as a condition of final platting, this development shall provide for the upgrading of Towerview Road to City standards I �3 ENGINEERING REPORT HOLMES ADDITION PRELIMINARY PLAT FEBRUARY 23, 1984 PAGE TWO east of Quarry Lane. Furthermore, since right-of-way has been dedi- cated by easement.to the City, a cul-de-sac should be provided for turn around purposes at the end of Towerview Road in order to pro- vide for City maintenance vehicles and emergency vehicles. Unfortu- nately, in this instance, no feasible method of looping this road- way exists which necessitates the cul-de-sac. RIGHT-OF-WAY/EASEMENTS The current 20 -foot highway easement for Towerview Road over this parcel shall be dedicated as public right-of-way. A 10 -foot utility easement will be required to be dedicated adjacent all publicly -dedicated right-of-way with a 5' drainage and utility easement being dedicated adjacent all lot lines. In addition, a ponding easement shall be dedicated to encompass the high water ele- vation of LeMay's Lake. An additional easement will be required to provide the cul-de-sac at the end of Towerview Road. ASSESSMENTS This development will be responsible for trunk area water assess- ments and trunk area storm sewer assessments. These amounts shall be determined by applying the area rates for each in effect at the time of final plat approval times the net area of this development. At 1984 rates, based on net area as shown on the preliminary plat, this would amount to the following: Trunk area storm sewer - 30,000 sf X $0.045/sf = $1,350.00 Trunk water main - 0.69 acres X $1,120/Ac = 773.00 The final assessment amount will be determined from the net area of Block 1 on the final plat using the rates in effect at the time of the final plat approval. All costs associated with installing the public improvements will be the sole responsibility of this development. I will be available to discuss any aspect of this report in detail with the Advisory Planning Commission at the February 28, 1984 meet- ing. Respectfully/ Richard Ms!6��Jc�it"Gnitted, /.-HHe di, P.E. Assistant City Engineer RMH/jack SPUR -2 COON Y CLUB i \ H 3 — r 0SH N2 f FMAA '.EHND i i '15 u ACR SCHOO KT:ub,D-7 PAR KI Subject Parcel C-18 /x_17 I r -T-1 I O N d PARK I �� N .l / OME TE=S D-1 FIGURE 311G {02NCD) zry� ` F— SU/R ECFroT 1� SAL / HE I, �IST � / 1 I o-19 SERVICE D-13 0 D-29 1 tz�--y11�i1{tr� 11I u ACR SCHOO KT:ub,D-7 PAR KI Subject Parcel C-18 /x_17 I r -T-1 I O N d PARK I �� N .l / OME TE=S D-1 FIGURE 311G {02NCD) zry� ` F— SU/R ECFroT 1� SAL / HE I, �IST � / 1 I o-19 SERVICE D-13 0 D-29 1 i OI ill \lam_ b. 2 / — - —LONE m -OAK - 7 - RD - - - e— --- 25.3 -254/ - o \ ji I I' WET TAP Co o 11911 u Y 0 N .IW N W TOWER /IEW /_I t `F MR OUARRI LANE I i I I 1 JI1 W (L +' LEMAY LAME .— i Subject parcel\ +427\ �T- FIGURE 2 SEE 15 I I � l ' L'c h1A'i 1 • ) II !3 I !1 �FUT URE BUILDINGScale: V = 20' SITE PgGP4gEA HOUSE ® Soil Boring Location Bench hark: Nail in tree south of proposed house Elevation = 906.0 —F GEC JOB NO: 3580 i 1 (louse corners . 'staked (6) ' I1 � ) • 7nwnrview Riad i ` ` \ \ /hlt : 1?>w••]� Crn+B rY..,c. nc..1 Or T,lc ru.. �.. �• \ \ /J89'44'ZS" E `•"^..� 13A,ib 3.IAL L BC Ylnw[b It• . I \ 98 \ ao110 Is 17 LE MAY 5 LAKE ' \`` \ ��--_ _ =61-5% `\P� \` ..,/`�L'/C _ /�•.., 4.� ,., ,.✓n.l...l Alj.n J,0 di - ,// // Cp�.GJ �) 1 /�, �`�� .• /1\\ � ` � QIP •8: -LOT-�- 3 `, LOT --2__ \ ` Fnn�KC-"-^ "� p Jo :�,. 1-knFc�:CD .. � • � \ \1 a� o� r\ 439.00 'Ki�Hw�- Eas y-EDot- ss0"v \ li �A'� rim lir . _.. ♦ep vov.,e`. 589? 44' 26�� W , to 1.0 .199.k \ �TOWERV�EW ROAD \ \` M P 3 CL 3 d z ° � a P P (;PAnimn PI AN - Hni PJAFS PADDITION 4IA S`io4ZB��E ' 2 (o4. o0 u Y I h�EII` i LE MAYS LAKE - I I b' Jr,urY E:A=CMC�JT Q ,D Loo 0 0� °� LOT 1 LOT 2 �� i Z I ll O E,o !Q. Fr. w 2t,, 47`1 . Fr. 1 s N rl Y I L V !� 4 V N fI ? 1J HIC.1-4 WA Ea. SF.M.F�I! �[ro. •�� 5l1e799� c IL, j7-1 r 1 •I 2mn no TOWERVIEW ROAD HOLMES ADDITION N. 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' � P I _ r^5 P - - - �3G --LE VGLLEY •) ROSE N9J' APC Minutes March 27, 1984 HOLMES ADDITION - PRELIMINARY PLAT The continued public hearing regarding the application of Paul Holmes for preliminary plat approval of proposed Holmes Addition consisting of approxi- mately 1 acre, intending to include two single family lots, located near the intersection of Quarry Lane and Towerview Road, was convened by Chairman Wold. Dale Runkle reviewed the application that had been continued from the last meeting and noted that the Planning Commission had requested additional infor- mation regarding the upgrading of Towerview Road, adjacent to the subdivision. Mr. Hefti stated that the staff had researched the status of Towerview Road, east of Quarry Lane, and noted that a bituminous mat and concrete curbing are in place along the south portion of Towerview Road at that location, adjacent to the Ed Reid property. The recommendation of the engineering department would be to upgrade the public improvements within Towerview Road to city standards in front of Holmes Addition, but that an alternate would be to escrow funds for future improvements. City Attorney Paul Hauge also reviewed several alternates, including the upgrading of the street, improvement of only that portion of Towerview Road in front of the Holmes Addition, escrowing funds sufficient for the future up- grading, no upgrading and simply acquiring necessary easement right-of-way, or the potential for a homeowners agreement amongst the property owners to the east for maintenance of Towerview Road in that location. Mark Tompkins and Paul Holmes were present and requested that the road area be released from any requirement for public improvements. Ed Reid was also present as were other owners to the east. Mr. Holmes also objected to the requirement for an escrow. There were'questions from the Planning Commission members as to what areas would be assessed for benefit purposes and it was noted the estimated cost was about $8,200.00 for water main and street improvements. Jerry Rogers appeared and was concerned about long-term costs for improvement of the hill to the east. Member Wilkins was concerned about improving the street to Pilot Knob Road at the present time and indicated that the property owners objected to that type of improvement. The main issue was whether to recommend upgrad- ing at the present time or in the future and provide for assessments in the future. Mr. Hefti indicated it would be difficult to get approval of the property owners in Holmes Addition for future upgrading after the platting is completed, and further noted the high cost of maintenance for gravel surfaced streets. Wilkins moved, Mulrooney seconded the motion to recommend approval of the application for preliminary plat approval, subject to the following conditions: 1. Adequate right-of-way shall be dedicated for Towerview Road as determined by the City. 2. A 10 foot front setback variance shall be granted for Lots 1 and 2 of the proposed plat. 133 q APC Minutes March 27, 1984 3. The plat shall be reviewed by the Department of natural Resources for their comments. 4. Park dedication shall be provided as requested by the Advisory Park Commission. 5. All other applicable ordinances shall be adhered to. 6. A detailed grading and erosion control plan shall be required to be submitted for approval. 7. An adequate turnaround shall be provided at the end of Towerview Road. 8. The existing 20 foot easement shall be dedicated as public right-of- way for Towerview Road. 9. A ponding easement shall be required to be dedicated to encompass the high water elevation of LeMay's Lake. 10. This development shall be responsible for trunk area water and storm sewer asssessments at the rate in effect at the time of final platting. 11. All costs associated with public improvements shall be the sole responsibility of this development. 12. All easements shall be dedicated as required by staff in the Engi- neering Report. 13. No public improvements shall be extended along Towerview Road east of Quarry Lane at the present time, but at such time as Towerview Road, west of Quarry Lane is improved, the roadway adjacent to Holmes Addition, shall be upgraded and the benefit shall be assessed. All voted in favor except Wold, who voted no, indicating he supported the City policy as to the improvements. 13 �} 3 s • HAUGr•., Smrm. EIDE & I{ELI.En. P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 3DO8 SIBLEY MEMORIAL HIGHWAY EAGAN. MINNESOTA 58122 PAUL H. HALIDE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Mr. Thomas A. Colbert Public Works Director 3830 Pilot Knob Road Eagan, MN 55122 March 27, 1984 Re: Proposed Holmes Addition Street Improvements Dear Tom: AREA CODE 612 TELEPHONE 434.4224 You have asked for suggestions relating to alternatives that the City Council and Advisory Planning Council could require the developer of the proposed Holmes Addition in respect to the roadway which is the easterly end of Towerview Road south of LeMay Lake. The application was first heard on February 28, 1984, and the public hearing was continued until March 27, 1984. Several factors will influence the ultimate decision of the City Council concerning the improvement of Towerview Road in the vicinity of the Holmes Addition. 1. A public hearing was held several years ago for the proposed improvement of Towerview Road westerly to Pilot Knob Road but at that time the property owners objected to the improvement and it is my understanding that the improvement was not installed and therefore that portion of Towerview west of the Holmes Addition has a gravel surface. 2. An earlier preliminary plat application was partially processed by the City several years ago by Lynn Thiele and the same issues arose but that final plat was not completed. 3. It is my understanding that the roadway immediately adjacent to Holmes Addition has a bituminous surface that was installed by the City at the request of the property owner to the south, Ed Reid, but that this does not meet City standards. 4. There are at least two residential homes lying along the extended Towerview private road to the east and it is possible in the near future that one or both of those parcels will be subdivided and residential homes be built. 5. Holmes Addition would contain only two lots and according to the grading plan in the packet material there is a highway easement document no. 536799 covering 20 feet on the southerly boundary of the Holmes Addition which apparently has already been dedicated at an earlier time. 13T J J� c Mr. Colbert • • March 27, 1984 Page Two 6. The City policy requires public streets to be upgraded to City standards at the time of approval of residential plats. The City will have to decide if this portion of Towerview is upgraded whether Towerview to the west should also be upgraded, whether the portion to the east should be upgraded, and further whether the half right-of-way on the south side adjacent to the Fd Reid property should be upgraded and assessed. Several of the alternates have become quite obvious but they could include the following: 1. The City could require upgrading of part or all of Towerview Road and assess costs against the benefitted property. I would assume that there would be strong objections from several of the neighboring property owners and particularly those to the east where I don't believe the City has an easement. In addition, in order to acquire an easement by long continued use, the City would have had to have maintained the street for at least six years and it is my understanding that the City has not maintained that easterly portion of Towerview Road. 2. The City could require improvement of only that portion of Towerview Road in front of Holmes Addition and therefore accept whatever easement is yet necessary and assess the benefit against the developer and potentially the Reid property to the south, if that portion is improved. However, there is a setback for assessment purposes and I believe that the Reid property accesses to the west and therefore a portion of the assessment along the north side of the Reid property would be exempt from special assessments because it is a corner lot. 3. The City could allow Holmes Addition to be platted, require the dedicated easement, and not require upgrading of that portion of Towerview Road but require that an escrow be posted with the City in a permanent road fund to cover the potential cost of that portion of the improvements. This would mean that the owners to the east might need a private easement over the Holmes Addition street easement area if the street is within the right-of-way, but if that road has been used continuously for at least 15 years openly and hostily, the owners to the east would have gained an easement over the driven roadway. I believe the latter is true and I would assume that there are no written easements to the property owners to the east. I'm not certain, however, how the maintenance of the private roadway has been done. 4. Another option that is not very practical is to not require an easement over the Holmes Addition property for street purposes and possibly not require the escrowing of necessary funds for road improvement purposes. In any event, the developer may not be willing or able to post a sufficient escrow for the road improvements which, of course, in the normal fashion would be assessed over the period of at least ten years. I36 0 0 Mr. Colbert March 27, 1984 Page Three 5. There has been some suggestion that there be a homeowner's agreement entered into by homeowners in the vicinity, particularly to the south and east. It is very difficult for the City to impose a requirement for a homeowner's association type of agreement where those owners to the east are not in the process of developing. The difficulty is that if the property owners farthest east intend to subdivide their property, they would then need access to Towerview and may have some difficulty acquiring right-of-way through the property owners' private property. It may then become an issue of whether an easement by long, continued use has been acquired if the middle property owner is not willing to directly grant an easement. As you can see, there are several choices that the Planning Commission and Council can use and I will be happy to explore more fully any one,of these if you wish. "Very truly yours, PAvI H. Hauge City Attorney - City of Eagan M71 Agenda Information April 3, 1984 City Page Twenty -Three 0 Packet Council Meeting E PRELIMINARY PLAT/SUNSET FIFTH ADDITION B. Lexington South Associates, For Preliminary Plat, Sunset 5th Addition --- At the March 6, 1984, City Council meeting, the preliminary plat application of Sunset 5th Addition, as recommended for approval by the Advisory Planning Commission, was reviewed. The developer's representative was unable to attend the meeting and upon a brief review by the City Council, a concern was raised about providing direct driveway access onto Dodd Road with the potential for a future public street along the future side lot, mainly access to the future church property. As a result of this discussion,. it was the action of the City Council that the preliminary plat for Sunset 5th Addition be sent back to the Advisory Planning Commission for further review. At the last regular meeting of the Advisory Planning Commission held on March 27, 1984, the reconsideration of the preliminary plat for Sunset 5th Addition was approved. For additional information on this item, refer to the Director of Public Works' report to the Advisory Planning Commission; a copy is enclosed on pages 1101 through J!+h. For additional information regarding the action taken by the Advisory Planning Commission, refer to those minutes found on pages 1,+ L4oeetjir ACTION TO BE CONSIDERED ON THIS ITEM: preliminary plat for Sunset 5th Addition. 112 To approve or deny the MEMO TO: ADVISORY PLANNING COMMISSION FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: MARCH 13, 1984 SUBJECT: SUNSET 5TH ADDITION - RECONSIDERATION OF PRELIMINARY PLAT APPROVAL On March 6, 1984, the City Council formally reviewed the preliminary plat application of the Sunset 5th Addn..as recommended for approval by the Planning Commission on February 28. Due to a conflict, the developer's representative was unable to attend that Council meeting to present his application. Normally, the City Council continues those items where the developer or his representative is not able to be present at the Council meeting. However, the City Council had serious concerns pertaining to this proposed two -lot subdivision providing direct driveway access onto Dodd Road (a community collector) with a potential for a future public street along the future side lot (north line of plat) of a future single-family lot without this public right-of-way being of record or even reviewed to determine if that is the most appropriate location. Subsequently, in light of a motion to formally deny this plat application, the City Council voted to send this back to the Planning Commission for more detailed review of this proposed development in relationship to the overall future development of this area of the Lexington South PUD. The Council felt that more detailed analysis and review of the potential future develop- ment of this area might indicate a different configuration for development. I have reviewed these concerns with the developer's representative, Mr. Brad Swenson, and Mr. Jim Curry of the Lexington South PUD. They have indicated that they will look at a proposed development scheme for this area and how it may impact or compliment the proposed Sunset 5th Addition and also reviewing the proposed configuration and location of the parcel designated for church just north of the proposed Sunset 5th Addition. Therefore, the City Council would like the Planning Commission to perform a more in depth review of the overall area before the merits of this small subdivision can be reviewed and subsequent- ly approved. If any Planning Commission member would like further clarification in regards to this issue, please feel free to contact me. Respectfu y submitted, ,ori omas A. Colbert, P.E. Director of Public Works 1%3q cc: Dale Runkle, City Planner Richard Hefti, Assistant City Engineer o r;+-,, rnnnri i r /n ri *v nrimi ni St rAtnr TTr /YF 0 -C 40. - Rd . .11 0. .. --- "T :T ti YORkjcw-j PLPciL . %�"bA 00-0- v P1010 PERTIO ... 9:D cz LU in co, Z as (Toft Tb -f PERTIO ... 9:D APC Minutes March 27, 1984 0 0 SUNSET 5TH ADDITION - PRELDQNARY PLAT Mr. Runkle indicated the City Council formally reviewed the preliminary plat application of Joseph Hoffman for the approval of Sunset 5th Addition at the Council's meeting on March 6, 1984. The Council had serious concerns pertaining to direct driveway access onto Dodd Road with the potential for a future side lot along the single family lot and no committed public right-of- way, being of record or even reviewed, to determine if this is the most appropriate location. There were questions about access to Dodd Road, whether an easement would be provided over the property to the north and access to the remainder of the Lexington South property to the west. Brad Swenson appeared for the applicant and explained the proposal for the development of the land to the west and the proposed moving of the church location. There were concerns about additional access points on to Dodd Road, but it was proposed that turn-arounds on each individual lot be provided. Mr. Swenson indicated that the property owner to the north would agree to a 60 foot easement north of the 5th Addition. There was no written committment from Lexington South as to the 60 foot easement. After extended discussion, Wold moved, Wilkins seconded the motion to recommend to the Council the following: 1. That each lot in the 5th Addition would be allowed an individual access with an interior turn -around. 2. That the surroundingland uses appear to warrant the location for an access road to the north on to Dodd Road. 3. The Planning Commission reaffirms the approval of the conditions for approval of the preliminary plat. 4. That the preliminary plat be conditioned upon written committment from the owner to the north, that it will convey a 60 foot road easement. All voted in favor. 141 4 Agenda Information April 3, 1984 City Page Twenty -Four 0 Packet Council Meeting SIDE SETBACK VARIANC 0 BERON FIRST ADDITION C. J. E. Parranto Associates For A 20 -Foot Side Setback Variance for Lot 26, Block 1, Tiberon 1st Addition --, An application for a side setback variance was presented to the City by J. E. Parranto Associates requesting 20 feet for Lot 6, Block 1, Tiberon 1st Addition. The City Planner has reviewed the side setback variance and a copy of his report is found on pages 14 3 through /.4 & ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the side setback variance as requested by J. E. Parranto Associates. 0 CITY OF EAGAN 0 SUBJECT: VARIANCE, LOT 26, BLOCK 1, TIBERON 1ST ADDN. APPLICANT: J. E. PARRANTO & ASSOC. LOCATION: LOT 26, BLOCK 1, TIBERON IST ADDN. EXISTING ZONING: R-1 PD (RESIDENTIAL SINGLE DISTRICT UNDER A PLANNED DEVELOPMENT DATE OF PUBLIC HEARING: APRIL 3, 1984 DATE OF REPORT: MARCH 30, 1984 REPORTED BY: DALE C RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been submitted requesting a 20 ft. side setback variance along Johnny Cake Ridge Road for Lot 26, Block 1, Tiberon 1st Addition. COMMENTS In review of the original application submitted in February, 1983, the applicant submitted a revised preliminary plat and an overall schematic as to how homes would be located on the individual lots. In this drawing submitted, the applicant was proposing to locate a home within 30 ft. of the right-of-way line of Johnny Cake Ridge Addition or 56 ft. from the curb of Johnny Cake Ridge Road. Normally on a collector street of this nature, a 40 ft. setback is required but this is a 50 ft. setback which would be required in accordance with the right-of-way width for Johnny Cake Ridge Road. Therefore, there is a discrepancy between the submission and what the text and condition of the planned development agreement, which indicates that all side setbacks shall be met with this particular development. In review of this site plan, it appears that some shifting could be done in order to fit a home on Lot 26 and more closely meet the setback requirement than what is proposed. The Council will have to determine if, in fact, the exhibit submitted with the planned development should rule,or the language of the planned development which indicates that all side yard setbacks shall be met with this overall plat. If approved, the variance shall be subject to the following conditions: 1. The applicant shall meet side setback requirement from 2. All other setbacks shall be requirements shall be adhered DCR/jj IA3 as closely as possible the Johnny Cake Ridge Road. met and all other ordinance to. 0 0 SIGMA \ SURVEYING Sketch Plan For: ss SERVICES J.E. PARRANTO ASSOC. 3908 Stbley MemoraI Highway Eagan, Mtnneaata 55122 Phone: (612) 4523077 assssssssa (• 24 I 50 ti 50I _ _ _-N69°59'18'E --I Fr—_ ___—___� I 50 LOT 26I c O d ,r• • d W lO) u L0.I. 25 I �` 3 ?d ' C t a owe. i I • p p- OC i I e z�{'� A----' rn W 1.ad Y e — — — 'S67°14' 7"W 85.00'' R oss..r. ewe _ V I I �I WOOD6ATE LANE . c h T. O -N- N�.,j s6w6fy n/LL fvoS Stale; I"= 40 1 hereby amity thal thf. mwoy, plan or tepon was prnxff d by me or undm my dined euo0rvf+lon and that I am a duly Ro,;wnpd Land Surveyor under the Iowa of tho S:mo of MIA3,0:00a. Waym 'N.,:0 Realet.a' 0n tlo. 1467. �q� A C, 100 P 'A "R K ;Olb EASEMENT per'Bk. 62 M.R. Pg. 43 ei la .-Caw" - Easemerl?Pell - Doc No. 409629'11�- 989.81 20 4 J6J6J6 J6 0 25' 0 i14 15 7a0pa 16 WOODGATE---'� %N89044 37"E 201.47' Ft �=3470511 4=2?03dOo A R R-4 ////A .11 Lll 810;:01010',; 81-4 ' �►%� r P a R-4 �. dW r,ja [0 1 rc.v . V��1 " Agenda Information April 3, 1984 City Page Twenty -Five 0 Packet Council Meeting 0 SIDE SETBACK VARIANCE/ROLF F. ANDERSON D. Rolf F. Anderson for a 2 -Foot Side Setback Variance for Lot 11, Block 1, wilderness Run 6th Addition -- An application was received by the City from Rolf F. Anderson requesting a 2 -foot side setback variance on his property described as Lot 11, Block 1, Wilderness Run 6th Addition. The City Planner has reviewed the application and enclosed on pages )+ 4S through Jrj) is a copy of a memorandum regarding the variance request. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the side setback variance as requested by Rolf F. Anderson. /47 0 0 CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: RALPH F ANDERSON LOCATION: LOT 11, BLOCK 1, WILDERNESS RUN 6TH ADDN. EXISTING ZONING: R-1 (RESIDENTIAL SINGLE DISTRICT) 17A@Ago]�:1)00too,lOf" 1z[eig DATE OF REPORT: REPORTED BY: APRIL 3, 1984 MARCH 30, 1984 DALE C RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been sibmitted requesting a 2 ft. side setback variance on Lot 11, Block 1, Wilderness Run 6th Addition. COMMENTS In a survey that was done, it was determined that a house and garage located on Lot 11, Block 1, Wilderness Run 6th Addition did not meet the side setback requirement of 5 feet from the garage to the property line. The owner of the home is now requesting that a 2 ft. side setback variance be granted in order that he can clear title to his home and property if he would ever sell the. property. It is staff's understanding that the builder of the home is paying for this variance request, and that the applicant or owner of the home would like to obtain this 2 ft. side setback variance because of title problem. The home is existing and the City's option would be to have the applicant move the garage or grant the 2 ft. side setback variance. If approved,_ the variance should be subject .to the following conditions. 1. All other City ordinances shall be adhered to. DCR/jj 1413 0 LeC�AL Pr IQ Lor 11 BLOC*- 1 , iLDE%�.lESS �;, � 5; xtN Am+ii� 9g.00. N ` \\\ 11 a 1 30 = I 1 /33 "\ 25= 1q• A SCALE S l�� ao�-O' L41 ISi(o, I rt ci Ix PF 17 in. R -I 0 s IAV ►11 �1M _ mat IM:�' m���....... 11...xNoto Oil man rc . _ � 7 , WwAs PF PF . ^:N 0 s IAV ►11 �1M _ mat IM:�' m���....... 11...xNoto Oil man rc . _ � 7 , WwAs PF 0 Acc PK PF R -I ' R -I PF .J" PARKVIEW GOLF COURSE ,"�•. ; ISO 0 Acc PK �. m .,. qe �,•�„�,.'s.�.:,e. ;.Ie'. .� , �..:.. ..,�•�' - l,.Fq� .... _ ;t• _ •CPP�SON_. r�--d- �?;L. _ • •mlfC Q�°..- •• �� S :::T ~Te+rn SIT 1: / :6._ ” 1q �.n• ro.q : , tl^ %. •#•gym A�� Y / mo .n_. _i,,, ..L., ..'.. 1..r ...• 7 I .A '..� S 1 ' .. r7b, 6'• �• � 7 "' � _ � J Q�Jf - t � ,y, •on•• (� �'_ L .• n. .���r�.� _� I V bit^ `. •Yo. w', / f, %' �NYBRO��g11S :!J' �,w .'SOyg \� +. •• - /v_ =�� Se ,�.: � ,•t�ys6 -9''v 1,' ��. , .' '. Y • 1 `�fv'i/..a•.f CIRCLE K �•'b-� A , —�, R-1 .,e ' =n '•..t'•.. ,�' •• • u.. tt rl Y 4 '♦ (n Ojai •�' tnl• - �^' .r . i nn•� t y ry {. -}'C• :� A, J•• ` �� - 7 t q • t . t.'` e7 �! L a ,I a +_ {� epi °" `v i a: Z • ��•e• m , 8 I •,'• OV I + t.. •r- Ri Y • S e m .°, I It • . �•'+. \ 7 �� „�,�'•434 �o R7 � { �, � .1 \a I•••rfe'I - •:t Jw i(,•1 e .' t� � • � ylp-{ aj � IIS ---__ _ � � E Nf �e J��i �I �. •'N �• / s CA NN •,�.,,y� : w � /i J, '% I,fI .. C Ia a•+r r.. yy '�A't Al � yj , :• n �e ;a IInm •wn�_v; • - I -•...I„ /f Ii•/{� S�� •Y. ,�� • ,w'�•••i •- ..._�{tn y`d a: .v1.n• 87•;S• � iS,7 Y!1 y®„ i I OYALYQpr A wLH CIRCI -_ ➢ ,•'�• .;Z let r •e^ •��•Li•/ :�. _ en_i, s C I'0.�. _ il.u��' . Li•-T•ii''� • SI 1 ylV Q 8"•:' '^l o'. 7 mj Teams '.f d ®' t i,. ,�9 �pro•/ �r j. ■ • II ^m w owl v • n..Qj. ., V �i . y nm •i 6a I .vr'.� ' { �rwv4• � +L 1. 1;ice. r ,Lt; _. -5i» �7 f q• �YI L ..,_, II —___ r11�e. _. y / ei •'��~ c:1 P— "/•, r� � �}'1V 4 � � � �'gY O Y 8t . 1-••�°•+� � ,:� �I ;, / r� NORTH ,..w MALMO • I•LAN'E 1 '� IB • .y,' b, BIW,` nn wuu nm •nV - v gym- •�=, \ ; � . .ASS (� .,m � � � I 5P it am �s lt • t r ..• DUNROVIN e , ._ _ c r: •.�e:,�: a DUNROVIN LANE • A amu. n ••" V'^^ + w'r� � Ot p//i {l �,:� � � O � k;�.e LY,j Q } Q ` tI � � � iy - o I I • , G - V p Q •6ytf7 tl_ ••r•n i Y .. ... Sj i �• V •� i 4I5 • .. ....I •n 0 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Twenty -Six Final Plat/Fawn Ridge A. Final Plat Approval - Fawn Ridge (Countryside Builders) -- After this item had been scheduled for consideration by the Council at the April 3 meeting, continued research by the Public Works Director has revealed that the required financial security for this subdivision has not yet been formally approved by the financial institution. Subsequently, without a firm financial security being made available, the staff is recommending that this item be continued to allow the developer to submit the necessary securities that are required for final plat approval. ACTION TO BE CONSIDERED ON THIS ITEM: To continue indefinitely the final plat application for the Fawn Ridge Addition as submitted by Countryside Builders, Inc. 15a: Agenda Information Packet April 3, 1984 City Council Meeting Page Twenty -Seven FINAL PLAT APPROVAL/WESTBURY ADDITION B. Final Plat Approval - Westbury Addition (Gabbert Development) -- We have received a request for final plat approval for the Westbury Addition from Gabbert Development, Inc. The first phase of this addition is in compliance with the preliminary plat approved by Council action on January 17, 1984. All required final plat appication fees, development contract agree- ments, grading plans, etc., have been submitted, reviewed and approved by staff and found to be in order for favorable considera- tion by the City Council. The only remaining requirement is the Council approval of installa- tion of street and utilities under a City project/contract. If the public hearing for Project 396, as scheduled earlier on the agenda, is approved by Council action and the improvements ordered for installation, it would then be in order for the Council to give final plat approval for this subdivision. Enclosed on page 19is a copy of the proposed final plat for the Council's In ormation. ACTION TO BE CONSIDERED ON THIS ITEM: If Project 396 is approved, approve the final plat for the Westbury Addition and authorize the Mayor and City Clerk to execute all related documents. 11503 —�P WESTBURY FIRST YJW n/ JIIIII Mlrnpr .r. .Nn. IWr • �nrrY l\ J W Grl n Yr.�tgul 1 rIr + r«r 1. Jrl•, rl«r u«mr Im•a J. w JIJ Yr 1.1 Iln.. W Y rJl m .IYn w .0 nJr «I.J IIJ., alr.r nlp WIJ pr s Ya /Irl. 1.us�wr+�•rwu G r\. Yynnr 1/I p Idr nM 9 I.nll^ r J Y J«M YY GO'.Ir4n In . , � Ypuw li 4bu Gw. LOCATION NAP 1 III OH Q-0 L �' A u J[ I[ e IT 61 DELMAR R.SCRWANZ LANE) SUhVETONS, INC r i nr i cwrcr5 Agenda Information April 3, 1984 City Page Twenty -Eight 0 Packet Council Meeting 0 FINAL PLAT APPROVAL/SUPERAMERICA C. Final Plat Approval - Super America Addition (Ashland Oil) -- We have received an application for final plat approval of the Super America Addition located on the southwest corner of Yankee Doodle Road and Pilot Knob Road. Enclosed on page 15(2 is a copy of the proposed final plat for the Council's information. All conditions placed on the most recent extension of the preli- minary plat acted upon by the Council in June of 1983, have been complied with. All final plat application requirements, fees, development contract agreements, etc., have been submitted, reviewed and approved by staff and found to be in order for favorable consideration by the Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the final plat application for the SuperAmerica Addition as submitted by Ashland Oil, Inc., and, if approved,' authorize the Mayor and City Clerk to execute all related documents. 155 L COUNTY ROAD N0. 2B [YANKEE DOODLE ROAD) ti 1 I a I j: ( 1.....8 .mm Q tA , a I-. rrm•or.m ..nr I SUPERAMERICA JI II Z I I -I I I 's W <• !Lt ix I :< ap!Li IA - e u avlMI . y ,i�)�i N.•iw Y .O.1 .:li Y� � ••.ms vlc hl ADDITION touudo ■..uad lGurvoeyliva Im Agenda Information April 3, 1984 City Page Twenty -Nine C� Packet Council Meeting 11 FINAL PLAT APPROVAL/BERKSHIRE PONDS D. Final Plat Approval, Berkshire Ponds (Derrick Land Company) -- we have received an application for final plat approval for the Berkshire Ponds Addition located between Galaxie Avenue and I -35E south of Cliff Road. Enclosed on page /S g is a copy of the proposed plat for the Council's information. The final plat application conforms with the preliminary plat approved by Council action on January 17, 1984. All conditions placed on that preliminary approval have been complied with and all final plat application requirements have been received, reviewed and approved by staff and found to be in order for favorable consideration by the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the final plat application for Berkshire Ponds as submitted by Derrick Land Company and, if approved, authorize the Mayor and City Clerk to execute all related documents. iS-7 VQ m BERKSHIRE PONDS ADDRESS PLAN • • CONSTRUCTION PEDIS FOR SANITARY SEWER. WATERMAIN. STORM SEWER. AND STREET I CONSTRUCTION FOR BERSNIRE i . FONDS. EAGAN. MINNESOTA. WE, .Y I ,.( WE, . YIW,(..,.I(, (0;.,9Y .1.. YV....{... 1VV! (Ox.i,d .W •�Mu( MM I F- I� • • 0 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Thirty APPROVE PLANS/ORDER BIDS/WESTBURY ADDITION -STREETS & UTILITIES E. Contract 84-5, Approve Plans/Order Bids (Westbury Addition - Streets & Utilities -- When the petition was received requesting the preparation of a feasibility report for the installation of streets and utilities to service the Westbury Addition, the developer requested the simultaneous preparation of plans and specifications to expedite the time schedule for their construction. With the developers guarantee of costs should the project not be approved at a public hearing, detailed plans and specifications were ordered for preparation by the Council along with the feasi- bility report. Subsequently, if the public hearing for Project 396 is approved earlier on the agenda, it would be in order for the Council to review the detailed plans and specifications for the installation of these streets and utilities and if approved, order the advertisement .for bids. The Consulting Engineer and Public Works Director will be available to discuss the details of the proposed plans. ACTION TO BE CONSIDERED ON THIS ITEM: If Project 396 is approved for installation, approve/deny/modify the plans and specifications for Contract 84-5 (Westbury Addition - Streets & Utilities) and, if approved, authorize the advertisement for a bid opening to be held at 10:30 A.M., Friday, April 27, 1984. /s9 Agenda Information April 3, 1984 City Page Thirty -One • Packet Council Meeting 11 RECEIVE SIDS/AWARD CONTRACT/YANKEE DOODLE RESERVOIR -PAINTING F. Contract 84-4, Receive Bids/Award Contract (Yankee Doodle Reservoir -Painting -- On March 6, the City Council approved the plans and specifications and authorized the advertisement for bids for the painting of the 5.0 M.G. water reservoir on Yankee Doodle Road. The Council requested an alternate bid to be included for consideration of including the word "EAGAN" to be placed in three locations on the water reservoir. The bid openin was held at 10:30 A.M. on Friday, March 30. Enclosed on page �� is a tabulation of the bids received and a comparison of the low bid to the Engineer's estimate used for preparation of the 1984 budget. Consulting Engineer and Public Works Director will be available to discuss recommendations pertaining to the low bidder and the alternates at the Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 84-4 (Yankee Doodle Reservoir -Painting) and award the contract to the lowest responsible bidder with/without the alternate. 160 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 11 12 13 14 15 0 0 Our File No. 49295 REPAINTING OF 5.0 M.G. YANKEE DOODLE WATER RESERVOIR CITY CONTRACT #84-4, PROJECT #394 EAGAN, MINNESOTA CONTRACTORS Rainbow, Inc. Valley Contractors Allied Paint & Renovating Enterprises Decorating Dairyland Impr. Co. General Coatings Lakehead Painting & Sign Co Odland Protective Coatings HEA Tank Specialists Neumann Contracting Maguire Iron Inc. Graham's Contracting Chippewa Valley Enterprises Larson Tank Co. Abhe & Svoboda ENGINEER'S ESTIMATE Low Bid BID TIME: 10:30 A.M., C.S.T. BID DATE: Friddy, Murch 30, 1984 TOTAL BASE BID ALT NO. I 34,320.00 + 3600.00 38,220.00 + 750.00 40,000.00 + 1600.00 40,400.00 + 1000.00 47,000.00 + 3000.00 47,435.00 + 750.00 53,493.00 + 3920.00 53,966.00 + 1500.00 54.800-00 + 1200.00 55,900.00 + 2000.00 No Bid No Bid Mn No Ri rl Bid No Rid No Bid No Bid No Bid No Bid No Bid Approved 1984 Utility Budget 8 Low Bid under Estimate % Low Bid under Budget /6/ $42,000 34,320 91,500 18.38 62.68 Agenda Information April 3, 1984 City Page Thirty -Two 0 Packet Council Meeting 0 Petition/Hackmore Drive/Streets 8 Utilities G. Proj. 406, Receive Petition/Authorize Feas.ihilty Report (Hackmore Drive -- we have received a petition from Gary King requesting the installation of streets and utilities within Hackmore Drive between the Sunset 1st/2nd Additions and Northview Meadows Addition. As the Council may recall, when the Sunset 4th Addition (located on the north side of Hackmore Drive) received their preliminary plat approval, a condition was placed whereby they could either prepay their potential future assessment liabilities associated with the upgrading of Hackmore Drive, or plat those parcels fronting onto Hackmore Drive as outlots for future development which could then be assessed when the improvements were to occur. The developer of the Sunset 4th Addition has elected the option of platting outlots instead of the prepayment of assessments. Now that Mr. King is proposing to develop his property, it will be necessary to provide streets and utilities to service his property. However, his petition does not represent the minimum 338 of the fronting property owners that is usually required for the Council to receive the petition and authorize the prepara- tion of the feasibility report. It should be noted however that the petition submitted as signed by Mr. King guarantees the cost of the feasibility report in case the project is not approved by Council action at the time of the public hearing. Enclosed on pages 1.65 and_' b is a copy of the petition with a referenced–To—cal—ion map s owing that section of Hackmore Drive that is being petitioned for improvement and the relationship of the adjacent properties that would be affected by this proposed project. As can be seen, with the proposed Sunset 4th Addition being platted into outlots, these adjacent property owners would now have an opportunity to be involved in the public hearing process. Therefore, the staff is requesting the Council to consider the petition and take the appropriate action. ACTION TO BE CONSIDERED ON THIS ITEM: Receive the petition requesting the improvement of Hackmore Drive and approve/deny the preparation of a feasibility report for Project 406 (Hackmore Drive - Streets and Utilities). /01 �^ FOR CITY USF 0:ii:( Petition 8 5/O&. Date Received 3 PETITION Presented to Council 5'3�Y LOCATION/SUBDIVISION 14AGkm02C-- Aj� t)fL,y I/vie, the undersigned, ovmers.of the real property adjacent to 'J iA C. -elm.c 1-01 (Street) or within Sub di:.sicn, hereby petition for: Street improvements Sanitary Sevier. Water Supply — (Check requested items) Storm Sewer Street Lights Other (Explain) I/vie understand that this petition does not in itself request the installation of these improvements, but rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/vie understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. If the requested improvements are denied for construction at the time of Dublic hearing, I/vie hereby guarantee payment for all costs incurred in the preparation of this feasibility report and any other related costs. Signature of Land Owner Address of Property 3•--- - - - - -- - ---------- 4.—- 5.--- — — -- — -- — — — — -- 7.— — — — — — — — — — — — — — — I a 7 •I_I_rn v rw •roivN •w•p_a,.i�_g_I I Cc♦ICE 1 7.-u ■.F�,:.vI' UIL-LD � t - N .I N I satRAA�tAII � ... a�� i f �Hp.RN , Y1 p'°° 5J�Src i iD45D_5U. i:ii• LA„C ,' 1f ` ..14 p. •A DI ION 1 p`5 i MOAT -T I • �..�, o. ,.. ..:;....' P IRI P O i S E I D Q` 10 o t s . * ••' •p'+ pA - I i '� xisting Improv men O u I'r I L i 0 T I S I G'E • .g , `� . •''�$i•1.1"�::i}"•:' �•'i•�,- .\7--.:-".. Nieifi6�_ !'"eo.'.I'fY .� ::.�:a,,\ W09 I .•�•� 600' � a a L,1 • ' �' � N. CO u 1 e• y , a1e. 90 !t O i cl+ �P so ib Co i ~3 •f!% O'a-e, 1. • ■� is s ... � �, , .' .`':.•,,.,,�. �;�;'.•• • :yy"•:.HCl; '. AREA OF PROPOSED IMPROVEMENT a SUBJECT TO APPROVAL • PQHUTES OF A REGULAR P1EETING OF THE EAGAN CITY COUNCIL CITY OF EAGAN APRIL 3, 1984 A regular meeting of the Eagan City Council was held on Tuesday, April 3, 1984 at 6:30 p.m: at the Eagan Municipal Center. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, 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 distri- buted. All voted yes. Egan moved, Thomas seconded the motion to approve the minutes of the March 22, 1984 regular meeting with the exception on page 4, the City Council meeting will be held on March 27, rather than May 27, 1984. All voted yea. • REPRESENTATIVE ART SEABERG Representative Seaberg was present at his request and discussed with the Council several issues of legislation before the 1984 Legislature. He dis- cussed the status of industrial revenue financing, both at the federal con- gressional level and the Minnesota legislature, noting that the position of Congress will dictate the direction that the Minnesota Legislature will take. L;iz Witt was also present as the area legislative representative for the League of Cities. Councilmembers wanted assurance that the suburban city lobbyists are making contacts with legislators concerning the municipal aid legislation. PUBLIC WORKS DEPARTMENT PROJECT 0395 - LEXINGTON AVENUE BOOSTER STATION Tom Colbert explained to the Council that after reviewing the proposed location of the 1.5 acre site for Project 0395, the water booster station that was scheduled to be constructed in 1984-85, he recommended that a change in location take place to the south of the present proposed site. Reasons included that it would eliminate any potential objections from future property owners if the City were to construct the two ground reservoirs creating an obstructed view for the multiple density development proposed to the south and • also, it would move the multiple density development farther away from the 1 Council Minutes April 3, 1984 future major intersection of'Lexington Avenue and Diffley Road. Mayor Blom- quist questioned whether the developer of Lexington South, Jim Curry, con- curred,with the relocation and Mr. Colbert stated that he understood that Mr. Curry did. Another possible site to the north, Kirchner Plaza along Diffley Road, was discussed. Smith moved, Wachter seconded the motion to authorize the staff to proceed to negotiate with Mr. Curry regarding the exchange of sites, either to the north of Kirchner Plaza Addition, or at the intersection of Diffley Road and Lexington Avenue, with the understanding that the Lexing- ton South developers will pay all costs of transfer of the site, including surveying, title examination costs, etc. All voted yes. CONSENT AGENDA The following consent agenda items were presented to the City Council for review and it was recommended they be approved: • 1. Contractors, Licenses. A schedule of general contractors, heating and ventilating contractors,, and masonry, cement work contractor license applications was submitted to the Council for approval in the packet, and the staff recommended approval subject to compliance with the ordinance require- ments. • 2. Lion and Lioness Club - Temporary Gambling License. An application has been submitted on behalf of the Lion and Lioness Club of the City of Eagan for temporary gambling license for April 28, 1984 at the Diamond T Ranch. The staff reviewed the application and noted that all application requirements had been fulfulled. " 3. Lone Oak Heights - Grading Permit Cancellation. The City has re- ceived a notice of cancellation of insurance coverage for the grading permit for the Lone Oak Heights subdivision. The developer, Belfany Development, Inc., has indicated that it will not pursue the grading permit at the present time and staff recommended the council authorize cancellation of grading permit 009073 for Lone Oak Heights. 4. Diffley Road _ Change Order 01 - County Contract. It was determined during construction under County Contract 030-01, during the fall of 1983, that the existing material under the existing service drives is inadequate to provide the proper support. Therefore, the staff recommended a change order to remove approximately 4,300 cubic yards of poor sub -grade material to be replaced with granular back -fill at an additional cost of $30,000.00. Staff recommended approval with the understanding that the cost split will be on the basis of the normal City -County 45-55 cost participation. 5. Special Assessment Aide. It was recommended that Barbara Jean Thompson be hired as the special assessment aide in the Public Works Depart- • ment at a compensation benefit package as provided under the current union contract in the City policy, on a part time basis. 2 0 Council Minutes April 3, 1984 6. Westbury Addition - Model Home Permit Application. Applications have been received from Gabbert Development Company for building permits for model homes on Lots 2, 3, or 4, Block 3, Lots 1 and 2, Block 1, and a duplex unit on Lots 5 or 6 of Block 6. It was recommended that the application be approved with the understanding that there be no permanent occupancy until the final plat has been recorded. 7. Knob Hill of Fagan - Utility Easement Vacation. A petition has been received to vacate a small triangular segment of the utility easement to facilitate construction of a double garage for the townhouse development in Knob Hill of Eagan. Staff recommended that the public hearing be scheduled on May 1, 1984 at 7:00 p.m. at City Hall for the vacation as requested by the developer. 8. Lexington Square Addition -Grading Permit. It was recommended that an application for a grading permit for the first phase of Lexington Square Addition, incorporating approximately 42 acres be approved, subject to com- pliance with all City requirements. 9. Hillandale 2nd Addition - Grading Permit. An application had been received from the developers of Hillandale 2nd Addition for grading permit and the staff recommended approval subject to compliance with the City ordinance • requirements for the first phase. 10. Windtree 2nd Addition - Utility Easement Vacation. A petition has been received to vacate the common lot line drainage and utility easements over all lots within Windtree 2nd Addition with the exception of Lots 13 and 14 of Block 3. It was noted a replat has been approved for Windtree 2nd Addition into Windtree 3rd Addition and it was recommended that the Petition be received and that the public hearing be scheduled for May 1, 1984 at 7:00 p.m. at City Hall for such vacation purposes. Upon motion by Egan, seconded Smith, it was resolved that the foregoing consent agenda items be and they hereby are approved and authorized to be implemented by the City staff. All voted yea. SPERRY CORPORATION - TELEPHONE CATV- Mr. ABE Mr. Colbert brought before the Council a request on behalf of North- western Bell Telephone and Sperry Corporation regarding an application of Sperry for the use of public right-of-way on Washington Drive, adjacent to Yankee Doodle Road for the location of a telephone cable. It was proposed that the cable be installed by Northwestern Bell, but that Sperry will own the cable. The question deals with whether the City is authorized to allow and would allow the location of a utility cable in public right-of-way. Mr. Colbert had concerns about City employees not being familiar with who the owner would be for service and for record keeping purposes, the precedent in • the event of similar future applications and the Council asked the staff to research and return to the Council with a recommendation. 91 Council Minutes April 3, 1984 • WESTBURY ADDITION - PROJECT #396 - STREETS d, UTILITIES The public hearing regarding Project 0396 consisting of utility and street improvements to the Westbury Addition, Phase I, was convened by Mayor Bea Blomquist. After introduction of the project by Tom Colbert, Consulting Engineer, Bob Rosene, reviewed the preliminary report for the project dated February 28, 1984. He discussed the type of improvements and also the costs involved and the proposed assessments. The improvements will cover sanitary sewer, water, storm sewer and street improvements. Pat McCarthy, the neigh- boring property owner to the west, submitted a letter as one owner of that property, objecting to proposed assessments against the McCarthy land, noting it was for storm sewer trunk purposes only. Mr,. Rosene indicated that the assessments on the McCarthy property are being proposed because of the pro- jected outlet to the north, across Wescott Road. There were no other objec- tions. Egan moved, Thomas seconded the motion to close the hearing, to approve the project for the installation of streets and utilities and to authorize the preparation of plans and specifications. All voted yes. LEXINGTON AVENUE - PROJECT #395 - TRUNK YATERMAIN/BOOSTER STATION The next hearing that was convened by the Mayor consisted of a proposed booster station/trunk watermain under Project #395, along Lexington Avenue north of Diffley Road. Mr. Colbert and Mr. Rosene detailed the report of the consulting engineer's office of February 22, 1984, covering the trunk water - main services and booster station improvements, including costs and projected • assessments. Neil Houck, a neighboring owner, appeared and had concerns on his behalf and for other neighbors, about the amount of the assessments being proposed against their property. The Senior Citizens Deferral Ordinance provisions were discussed and there were no objections to the project. Smith moved, Egan seconded the motion to close the hearing, to order in the project and to authorize the preparation of detailed plans and specifications. All voted in favor. COACHMAN/POUR OAKS ROAD - PROJECT #348 - STREET The hearing regarding Project #348 covering street improvements on Coachman Road and Four Oaks Road, east of Highway #13 was next convened. The report was prepared by the City staff and Mr. Colbert gave a detailed report regarding the proposal. He indicated that the most recent traffic count on Four Oaks Road is 490 vehicles per day east of Highway #13, and also noted that all property on the west side of Coachman Road has either been developed or is in the process' of development. There was an appearance by an owner in the Coachman Oaks Condominium project, who indicated he favored the work, but suggested a pathway to the Univac property. Stuart Gibson who lived on Farnum Drive objected to proposed assessments to Four Oaks Court Association. It was proposed, to spread the cost estimate over all of the townhouse association property, noting that a portion of Four Oaks Road adjacent to the property, must be brought up to City standards. A representative of Fox Ridge was also presgpt and had questions only about the amounts of the assessments. There wereobjections to the project. Wachter moved, Smith seconded the motion to • close the 'public hearing, to order in the project as presented and to autho- rize the preparation of the plans and specifications. All voted yes. 4 Council Minutes • April 3, 1984 SPERRY/T1OMU.INE NOISE ISSUE Mayor Blomquist introduced the subject relating to the complaints from Timberline residents about the noise emission from the Sperry semi -conductor plant. Mr. Hedges gave some background and explained that there have been other discussion at City Council meetings, including October 4, 1983 and February 7, 1974. There were a large group of neighboring residents present, as was David Kelso who is in charge of the noise program with the Minnesota Pollution Control Agency and representatives of Sperry Corporation, including David Falstad and Ed Michaud. It was noted that on October 4, 1983, the City Council adopted a resolu- tion determining that Sperry was in violation of the R & D Zoning category provisions and requested that steps be taken to alleviate the noise and light problems. Some corrective measures have been taken by Sperry, including the installation of one noise attenuator and five diverters on the stacks leading from the plant. The Council on February 7, 1984 directed that noise studies be commenced and David Kelso of the PCA has taken noise tests on the site at least 4 times in recent months at the instruction of the City. It was under- stood that Dr. Rick VanDoern has taken tests on behalf of Sperry, as has Robert Fulton for the Timberline property owners. • At 'the February 7 meeting, the City Attorney was requested to provide a legal opinion as to potential remedies if the noise emission is not corrected, and the City Attorney, Paul Hauge, detailed the potential remedies outlined in his letter of March 30, 1984. They included no action, potential ordinance violations including Section 10.42 regarding PCA noise standards, nuisance violations, zoning violations under Chapter 11.20, injunctive relief, civil action by residential property owners and the request that additional noise consultants be hired by the City to determine whether violations have occurred. It was noted that Sperry Corporation did not present its noise emission findings at the meeting. David Kelso of the PCA reviewed his findings from his tests on February 22, February 29, March 3 and April 2, 1984. He stated that the Pollution Control Agency uses the A -Scale, noting that low frequency filters out the sound, where high frequency has the opposite effect. He stated that his findings from April 2, 1984 indicated relatively little change in noise levels on the scene but some change in the frequency. He stated the PCA would only determine whether the noise emissions fall within State guidelines, but that the City zoning ordinance is more restrictive relating to R & D Zoning. There was discussion concerning the types of data -collecting devices that were being used and he mentioned that hand-held meters are not intended to give permanent readings. He stated that the readings were higher on March 3, 1984 and that the PCA requires tests 4 to 6 feet off the ground and away from buildings to • avoid reflection, noting there is no jurisdiction that the PCA has indoors. He also indicated that the sounds become louder as the testing is higher off the ground, up to a certain level. 5 Council Minutes April 3, 1984 Ed Michaud of Sperry made a presentation and indicated the attenuators and diverters have now been installed and in his opinion, his information was that the attenuator reduced sound by 75%. There was discussion concerning the diverters and whether other material could be installed in the diverters to reduce the sound level. He reviewed several steps that could be taken, in- cluding the hiring of a noise expert, and overall study of the entire issue and micro -study of all sound emissions from the semi -conductor plant. Councilman Egan indicated he had serious problems concerning the noise levels being emitted from Sperry because there was no change in the levels after installation of equipment. J Tom Nikolai and Robert Fulton appeared regarding the sound recordings taken by Mr. Fulton on March 30, 1984 with the windows open in the Nikolai residence facing Sperry to the south. He showed oscilloscope pictures and also a bar graph reflecting the amount of sound emitted on stereo equipment that he installed in the Council chambers emitting sounds taken on March 30. John Custin, the Timberline Civic Association President, appeared and stated that • the DB levels are not the proper measure but rather the low frequency sound. He indicated that in his opinion, Sperry had not corrected the problem. Also Dan Rosini, a neighbor, spoke to the Council objecting to the noise. Councilman Egan stated that the City Council has been looking for some concrete steps to be taken by Sperry and requested that Sperry continue to find such methods to alleviate the noise. He also indicated that it was his _,opinion that the "negligible noise" is a problem for the neighboring residen- tial owners. Egan then moved that the City Attorney's office and the staff proceed to take whatever measures are necessary to determine whether Sperry is in violation of the Eagan Zoning provisions regarding R 8 D zoning, including the "negligible noise" provision, and shall determine what procedures the City may take to determine whether a violation of those zoning provisions has taken place, including the steps the City Council could take to proceed against Sperry Corporation; further, it was understood that the City staff, including the Police Department and Inspection Department, will assist in determining whether such alleged violations have taken place and submit a report include measurements covering the lower end of the scale so that the Council has a definite yard stick to measure whether such violations have taken place; further, that such findings will be submitted to the City Council, if possible, by the regular council meeting on April 17, 1984. Smith seconded the motion. All members voted in favor. • 0 Council Minutes • April 3, 1984 PERRY KRIFPER - CONDITIONAL USE PERMIT The application of Perry Keiffer for conditional use permit for commer- cial storage facility in A (Agricultural) Zoning District.on Dodd Road was submitted to the City Council. Dale Runkle explained the application to the Council, noting that the Advisory Planning Commission recommended approval at its meeting on January 24, 1984, subject to numerous conditions. Mr. Keiffer was present and indicated that the quonset hut, the barn and the pole barn are all being used for auto storage at the present time. He stated that vintage, antique and collectible cars were being stored on the property and that all are licensable, although some do not have licenses at the present time. Don Kline, a neighbor on Dodd Road, appeared and voiced concerns on his behalf and those of several neighbors regarding the number of junk -type cars on the property. He showed pictures of the vehicles, many with missing wheels, engines, etc. Councilmembers indicated that this is primarily a residential area and that it was a dangerous precedent if a permit is given to store cars that were inoperable, and also that the problem policing the use of the property would become fairly difficult. Egan moved, Wachter seconded the • motion to deny the application based upon the objections of the neighboring property owners, the precedent that it could create and the difficulty in policing the issue, noting that there appeared to be junk cars on the property at the present time. All voted in favor. CITY CODE UPDATE Mr. Hedges submitted to the Council and copies were included in the packet of Ordinance codification revisions. Copies of the proposed changes have been prepared by Municipal Codifiers, the City staff and the City Attorney's office. The Planning Commission has recommended approval of the revisions to Chapters it and 13, the Zoning and Subdivision sections. Upon motion by Thomas, seconded Wachter, it was resolved that the revisions as proposed by the City staff be and they herbey are approved and authorized to be published in the legal newspaper. All voted in favor. ADVISORY PLANKING COMMISSION - MEMBER Three persons have indicated they are candidates for the replacement of Scott Markley as the alternate on the Advisory Planning Commission, including Vic Ellison, Roy W. Taylor, Jr., and James D. Wannigman. Upon secret ballot, Roy Taylor, Jr. was elected as the alternate member on the Commission. Thomas moved, Smith seconded the motion to authorize the appointment of Roy Taylor, Jr. to the Commission for the balance of the current year. All voted in • favor. 7 Council Minutes April 3, 1984 • HOLD ADDITION - PRELIMINARY PLAY The application of Paul Holmes for preliminary plat approval of Holmes Addition containing 1 acre and consisting of two single family lots on Tower - view Road, south of LeMay Lake was brought before the Council. Mr. Runkle explained the action of the Advisory Planning Commission's approval, subject to numerous conditions. Paul Holmes was present. The Engineering staff recommended against maintenance beyond Quarry Lane if it is not upgraded at the present time. Mr, and Mrs. Ed Reid were present and objected to new road improvements and the proposed assessments at the present time. It was noted that the neighbors preferred less than a 10 foot setback variance if the houses can be positioned so as to minimize the variance for the setback of the proposed houses on the plat. The Council discussed whether an escrow should be acquired, noting special conditions about the location and the condition of the streets in the area. Smith moved, Thomas seconded the motion to approve the application, noting that normally an escrow for street improvements is required where the street upgrading does not take place, but because of the nature of the plat being small, and the uniqueness of the area, no escrow would be required, subject however, to the following conditions: 1. That no turnaround will be required on the east end of Towerview • Road and that no City maintenance of the street in front of Holmes Addition will be provided. 2. Adequate right-of-way shall be dedicated for Towerview Road as determined by the City. 3. A 10 foot front setback variance shall be granted for Lots 1 and 2 -of the proposed plat. 4. The plat shall be reviewed by the Department of natural Resources for their comments. 5. Park dedication shall be provided as requested by the Advisory Park Commission. 6. All other applicable ordinances shall be adhered to. 7. A detailed grading and erosion control plan shall be required to be submitted for approval. 8. .The existing 20 foot easement shall be dedicated as public right-of- way for Towerview Road. 9. A ponding easement shall be required to be dedicated to encompass the high water elevation of LeMay's Lake. • 91 Council Minutes April 3, 1984 • 10. This development shall be responsible for trunk area water and storm sewer asssessments at the rate in effect at the time of final platting. 11. All costs associated with public improvements shall be the sole responsibility of this development. 12. All easements shall be dedicated as required by staff in the Engi- neering Report. 13. No public improvements shall be extended along Towerview Road east of Quarry Lane at the present time, but at such time as Towerview Road, west of Quarry Lane is improved, the roadway adjacent to Holmes Addition, shall be upgraded and the benefit shall be assessed. All members voted yea. SONSB! 5T9 ADDITION - PRELIMINARY PLAT The application of Lexington South Associates for preliminary plat • approval in the Sunset 5th Addition then came before the Council. Dale Runkle, the City Planner, gave a resume of the proposal, including the pro- posed Yorkshire Place on the north side of Sunset 5th Addition and indicated that it was the understanding that the Missouri Synod Church at the corner of Dodd and Diffley Roads agreed to an easement over that church property for access to Dodd Road. The Planning Commission had recommended that direct access for the two lots with interior turnarounds be approved. Jim Curry and Brad Swenson were present and Mr. Curry indicated that the Baptist Church site had been moved easterly and the Missouri Synod Church owners have agreed to a street easement on the north side of Holmes Addition. Mr. Curry also re- quested preliminary concept approval of the development of the property to the west of Holmes Addition and .the Council reviewed the concept. Smith moved, Wachter seconded the motion to approve the general concept only, of the Lexington South property directly west of Holmes Addition. All voted in favor. Next, Egan moved, Smith seconded the motion to approve the applica- tion for preliminary plat approval of Sunset 5th Addition, subject to the following conditions: • 1. That each lot in the 5th Addition would be allowed an individual access with an interior turn -around. 2. That the surrounding land uses appear to warrant the location for an access road to the north on to Dodd Road. 3. The Council reaffirms the approval of the conditions for approval of the preliminary plat. 0 Council Minutes April 3, 1984 • 4. That the preliminary plat be conditioned upon written committment from the owner to the north, that it will convey a 60 foot road easement. All voted yes. TIBEHON 1ST ADDITION - SIDE SETBACK VARIANCE The application of J. E. Parranto Associates for a 20 foot side setback variance for Lot 26, Block 1, Tiberon lst Addition was submitted. Mr. Runkle explained the request, noting the proposal is to locate a home within 30 feet of the right-of-way line of Johnny Cake Ridge Addition or 56 feet from the curb of Johnny Cake Ridge Road. Normally the collector street requires a 40 foot setback, but in this instance a 50 foot setback for Johnny Cake Ridge Road, regarding the condition in the Planned Development Agreement for the subdivision. John Parranto was present and there were no objections to the application. Smith moved, Thomas seconded the motion to authorize the vari- ance up to 29 feet, subject to the following conditions: 1. The applicant shall meet as closely as possible the side setback • requirement from Johnny Cake Ridge Road. 2. All other setbacks shall -be met and all other ordinance requiremnts shall be adhered to. All voted in favor. ROLF F. ANDERSON - SIDE SETBACK VARIANCE WILDERNESS RON 6TH ADDITION The application of Mr. and Mrs. Rolf F. Anderson for side setback vari- ance of two feet on Lot 11, Block 1, Wilderness Run 6th Addition was sub- mitted. It was noted the home has been constructed and a two foot side setback variance is requested for a corner of the house along the east side, noting it would be a hardship to make any changes at the present time. Mrs. Anderson was present and there were no objections. Thomas moved, Wachter seconded the motion to approve the application, subject to compliance with City ordinances. All voted in favor. FAWN RIDGE - FINAL PLAT The application of Countryside Builders for final plat approval of Fawn Ridge was submitted to the Council. Mr. Colbert indicated that the financial security requirements have not been met by the developer and recommended • indefinite continuance. Egan moved, Wachter seconded the motion to approve the recommendation of Mr. Colbert. All voted in favor. 10 Council Minutes • April 3, 1984 WESTBURY ADDITION - FINAL PLAT The application of Gabbert Development Company for final plat approval of the first phase of Westbury Addition was presented to the Councilmembers. There were no objections and Mr. Colbert indicated that all City requirements have been met. Egan moved, Wachter seconded the motion to approve the appli- cation for final plat approval and authorize the City Clerk and Mayor to execute the related documents. All voted yes. SUPER AMERICA - FINAL PLAT The application of Ashland 011 Corporation for final plat approval of Super America Addition at the southwest corner of Pilot Knob Road and Yankee Doodle Road was brought before the Council. A representative of Super America was present and the staff recommended approval noting that the City ordinance requirements have been complied with. Smith moved, Thomas seconded the motion to approve the final plat application and authorize the signing of the neces- sary documents. All voted yes. BER&SBIBE PONDS - FINAL PLAT • The next application for final plat approval that was presented was that of Berkshire Ponds by Derrick Land_Company. Staff recommended approval, noting that all ordinance requirements have been met. Wachter moved, Egan seconded the motion to approve the application for final plat approval of Berkshire Ponds. All voted yes. CONTRACT #84-8 - HSSlBURY ADDITION - STREETS AND UTILITIES The plans have been prepared and submitted for approval to the City Council and it was recommended that the Council schedule a hearing authorizing the advertisement of bids for the project. Thomas moved, Egan seconded the motion to approve the plans and specifications and authorize the advertisement for bid opening to be held on April 27, 1984 at 10:30 a.m. at the Eagan City Hall. All voted yes. The bids have now been received and opened on March 6, 1984 for the painting.of the Yankee Doodle water reservoir with an alternate for the paint- ing of the City of Eagan name on the tank. It was recommended that the name be painted vertically, rather than horizontally because of the rib structure of the tank. Wachter moved, Thomas seconded the motion to approve.the low bid • of Rainbow, Inc. in the sum of $34,320.00 plus alternate No. 1 of $3,600.00 with the understanding that the staff will explore alternate ways of painting the name of the City on the tank. All voted in favor. 11 Council Minutes April 3, 1984 Hkamom DRm - STREET DwRommTS - PROJECT /406 A petition has been received from Cary King requesting a feasibility. study for the installation of streets and utilities within Hackmore Drive between Sunset 1st and 2nd Addition and Northview Meadows Addition. It was noted that Mr. King is the owner of about 25% of the proposed assessable area and it is projected that there may be objections from neighboring property owners. Smith moved, Wachter seconded the motion to receive the Petition and authorize the preparation of a feasibU ty report for Project #406, subject to payment of the necessary feasibility report preparation expenses by Mr. King in the event that the Council does not proceed with the project at the present time. All voted yes. 0 Tom Colbert submitted a copy of two notices that had been received by the Minnesota Department of Transportation for the scheduled closing of Yankee Doodle Road at Interstate 35E beginning April 16 and Diffley Road at the intersection of Intersection 35E beginning April 23, 1984. He noted also that Diffley Road, between Blackhawk Road and Nicola Road will be closed and • Councilmembers discussed alternates for MTC routes, including Carnelian Lane or the Beau D' Rue Road in the Cedarvale Shopping Center area. Noting the residential nature of Carnelian Lane, Wachter moved, Blomquist seconded the motion to direct that MTC buses be routed, for detour purposes, through the streets surrounding Cedarvale, rather than Carnelian Lane, while Diffley Road is closed. All voted in favor. LONE OAK TREE Councilman Wachter and City Administrator Hedges discussed their findings regarding the preservation of the tree wood of Lone Oak tree and recommended that mobil-cer be authorized' for preservation purposes. Egan moved, Thomas seconded the motion to authorize the use of the preservative on the wood and further, that Mr. Wachter and Mr. Hedges be directed to further investigate the eventual uses for the wood. All voted yes. PROPOSED CITY HALL HELL Councilman Wachter reported that he and Tom Hedges had met with Mrs. Sachowitz concerning the potential sale of an Eagan school bell to the City and an offer to sell has been made by Mrs. Sackowitz in the sum of $1,000.00. After discussion, noting that there is no specific funding for the bell, Blomquist moved, Thomas seconded the motion to offer the sum of $700.00 for • the purchase of the bell. All voted in favor. 12 Council Minutes • April 3, 1984 • �J ___. _, .1. .. RAGAN DEER POPULATION Mr. Wachter indicated that there appear to be some fairly large herds of deer throughout the City and recommended the DNA be contacted to investigate whether bow hunting, in order to weed out the deer population, would be advisable. Wachter moved, Thomas seconded the motion to authorize the contact with the Department of Natural Resources to make such investigation and report back to the Council. Those in favor were Wachter, Thomas and Smith; those against were Blomquist and Egan. ORDINANCE - City Attorney Paul Hauge submitted a proposed Resolution to the Council authorizing an abridged version of the publication of certain revisions to City ordinances that had been approved by the City Council at its April 4, 1984 meeting. Smith moved, Egan seconded the motion to approve the Resolution and authorize the publication of the ordinances as proposed. All voted in favor. Egan moved, Smith seconded the motion to approve the following Checklist dated: All voted yea. L 11Vi ;1.i ,R Upon motion duly made and seconded, the meeting adjourned at 12:20 a.m. PHH 13 City Clerk REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL APRIL 3, 1984 6:30 P.M. AGENDA I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE I1. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES e,\ III. 6:35 - APPEARANCE BY REPRESENTATIVE ART SEABERG IV. 6:35 - DEPARTMENT HEAD BUSINESS Q•\ A. Fire Department Q•� C. Park Department \ B. Police Department p, D. Public Works Department V• I 6:55 - CONSENT ITEM (One Motion Approves All Items) 4 A. Contractor's License e, e./p B. Temporary Gambling License for Eagan Lions and Lioness Club for April 28 C. Cancellation of Grading Permit ,",09073 (Lone Oak Heights) P1 dB D. Change Order 1/1, County Contract 30-01 (Diffley Road) P 9 E. Personnel Items P'Q F. Model Home Permit Applications, Westbury Addition P G. Utility Easement Vacation, Receive Petition/Order Public 11 P (Knob Hill of Eagan) U161. H. Grading Permit Application, Lexington Square 1st Addition I. Grading Permit Application, Hillandale 2nd Addition Pt� J. Utility Easement Vacation, Receive Petition/Order Public Q' (Windtree 2nd Addition) VI. 7:00 - PUBLIC HEARINGS 14 A. Proiect 396, Westbury Addition (Streets & Utilities) k2 B. Pro+ect 395, Lexington Avenue (Trunk Watermain/Booster Station) C. Pro+ect 348, Coachman/Four Oaks Road (Streets) VII. OLD BUSINESS p 69 A. Timberline Civic Association Request to Review Level of Noise Emission at Sperry Semi Conductor Plant \4 �j B. Perry Kieffer for a Conditional Use Permit for Commercial Storage Facilities in an Agricultural Zoning District in Part of the SW} of the NE} of Section 24, 3955 Dodd Road, \p'L Parcel 10-02400-010-05 (1 C. City Code Update/Revisions • \\� D. Appointment of Advisory Planning Commission Alternate 4 u Hearing Hearing City Council Agenda City of Eagan April 3, 1984 Page Two VIII.. NEW BUSINESS A. Paul Holmes for Preliminary Plat, Holmes Addition, Containing l Acre Consisting of Two Single Family Lots, in Part of the NW} of the NWk of Section 10, T27N, R23W, Parcel No. 10-01000-020-29, Lying North of Quarry Lane and Towerview Road B. Lexington South Associates, for PreliminaRY Plat, Sunset 5th `• Addition - Access to Property North & West - Part of NA of Section 25 C. J. E. Parranto Associates for a 20' Side Setback Variance p' for Lot 26, Block 1, Tiberon 1st Addition, Section 29 o �A'� D. Rolf F. Anderson for a 2' Side Setback Variance for Lot 11, Block 1, Wilderness Run 6th Addition, Section 27 1X. ADDITIONAL ITEMS %S2. Final Plat Approval -Fawn Ridge (Countryside Builders) Pp1S� B. Final Plat Approval -Westbury Addition (Gabbert Development) 1 `S6 C. Final Plat Approval-SuperAmerica Addition (Ashland Oil) D. Final Plat Approval -Berkshire Ponds (Derrick Land Co.) 59 E. Contract 84-5, Approve Plans/Order Bids (Westbury Addition -Streets) ?'16O F. Contract 84-4, Receive Bids/Award Contract (Yankee Doodle Reservoir -Painting) 62- Drive Project 406, Receive Petition/Authorize Feqsibility Report (Hackamore �1�6 Drive - Streets & Utilities) ` X, VISITORS TO BE HEARD (For those persons not on the agenda) XI. ADJOURNMENT MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 29, 1984 SUBJECT: AGENDA INFORMATION MEMO FOR APRIL 3, 1984 CITY COUNCIL MEETING After approval of the March 22, 1984, regular City Council minutes and the agenda for the April 3, 1984, City Council meeting, the following items are in order for consideration: REPRESENTATIVE ART SEABURG Mayor Blomquist has received a letter from Representative Art Seaburg who is asking for time to appear on the City Council agenda at the April 3 meeting. He 'stated in his letter that he would like the opportunity to explain and discuss current matters pending before the State Legislature that might affect local government. Mr. Seaburg will be present and since there is no Department Head business planned, there should be adequate time for Representative Seaburg to make comments and allow for questions by the City Council. A. Fire Department -- There are no items to be discussed under Fire Department at this time. B. Police Department -- There are no items to be discussed for the Police Department at this time. C. Parks Deparment -- There are no items to be discussed for the Parks Department at this time. D. Public Works Department -- Project 395, Lexington Avenue Booster Station - Site Location -- Enclosed on page is a site plan showing the location of the 1.5 acres of land that the Council authorized the City to acquire for the construction of the booster station under Project 395 and the future water reservoirs as a part of our Comprehensive Water Distribution Plan. In reviewing this location with the developer, Mr. Jim Curry of Lexington South, Inc., and some perspective buyers of the property in this general vicinity, the staff has been asked to review the proposed location of this booster station to be constructed in 1984/85 which will contain the future round reservoirs to be constructed after the year 2000. The concern evidently relates to potential future objections of obstructed view from the property to be developed in the immediate northwest corner of new Lexington Avenue and Diffley Road. It appears that the view from this property is all directed to the north where the ground elevation falls away and provides a panoramic view. This view would be obstructed by the future water reservoirs construction. CG Agenda Information Packet April 3, 1984 City Council Meeting Page Two `J Consequently, staff has reviewed the potential of moving this 1.5 +/- acres further to the south so that it would be located right at the intersection of Diffley and new Lexington Avenue. This would have two advantages for the City as follows: 1. It would eliminate any potential objections from future property owners when the City was to construct the two ground reservoirs creating an obstructed view for the multiple density development that is proposed. 2. It would require the entrance. to the multiple density development to be located further away from a future major intersection of Lexington 'Avenue and Diffley Road. As it is proposed right now, with the development right in the extreme corner, the entrance to a multiple density would have to take direct access onto County Rd. 30 or County Rd. 43 (Lexington Avenue) which could create problems when traffic volumes through this intersection are greatly increased in the future when saturation development occurs. Subsequently, the Director of Public Works would like to review with the City Council the relocation of the proposed water booster station and ground reservoir to the northwest corner of the intersection of new Lexington and Diffley Road. The acquisition of this property has not been finalized and it would not create any complication in the transfer if the City Council were to concur with this staff recommendation. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the new site for the proposed water booster station and ground reservoirs. 2 i 0 11 SSW 1/4 SEC., 23,127, R. � i 010-00 i f�LWfC'YT ALOVI T! Y/Oh PoRT'p•pT !'a M- • I ' OMd� • � 1 `�-- rrer• -- •8 ___—__ ___ IQROPefGO Ac0/i t.rrNy I _ oe i ae C NTY _!TATE p/RFL a J 0toll E^ rA 3 City of caw 013 -BZ HVIEW City It Oi PF i Agenda Information April 3, 1984 City Page Three 0 0 Packet Council Meeting There are ten (10) 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. CONTRACTORS' LICENSE A. Contractors' License -- The City has received contractor license applications for contractors who do work in the City of Eagan and seven -county metropolitan area. All of these contrac- tors are considered reliable according to the Protective Inspections department. The necessary documents and fees have been submitted and it is the recommendation of the Chief Building Inspector that the contractors' license, per City Code Chapter 6.42, be approved. Enclosed on page(s) S' is a copy of the contractors list. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the contractor's license as referenced. 0 0 FOR APRIL 3, 1984 CITY COUNCIL MEETING: GENERAL CONTRACTORS: 1. BASIC BUILDERS 2. CORPORATE CONSTRUCTION, INC. 3. COUNTRYSIDE BUILDERS 4. DEVELOPERS CONSTRUCTION INC 5. HERITAGE ENERGY HOMES, INC. 6. MERLE'S CONSTRUCTION - 7. LAUBACH CONSTRUCTION, INC. 8. PIERSEN ESTATES/DEVELOPMENT 9. RUSCON HOMES, INC. 10. SUNSHINE CONSTRUCTION CO. 11. VITALE, ANDREW (HOMEOWNER) 12. STEVE NELSON CONSTRUCTION HEATING & VENTILATING CONTRACTORS: 1. CONTROLLED AIR 2. HALL'S HEATING INC. 3. METRO AIR 4. MINNESOTA MECHANICAL MASONRY, CEMENT WORK: 1. METROPOLITAN FIREPLACES, INC. 0 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Four TEMPORARY GAMBLING LICENSE/LION & LIONESS CLUB B. Temporary Gambling License for Eagan Lions and Lioness Club for April 28 -- The Eagan Lions and Lioness Club have requested a temporary gambling license for a casino night scheduled on April 28, 1984, at the Diamond T Ranch. License for temporary gambling have been approved for the Eagan Lions and Lioness Club in the past and, therefore, this application is consistent with previous applications. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize a temporary gambling license for the Eagan Lions and Lioness Club for April 28, 1984. 9 0 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Five CANCELLATION OF GRADING PERMIT/LONE OAK HEIGHTS C. Cancellation of Grading Permit #09073 (Lone Oak Heights) -- We have received a notice of cancellation of insurance coverage for the City of Eagan which was a requirement to the grading permit issued for the Lone Oak Heights subdivision during late summer of 1983. Subsequent follow up with the developer, Balfany Development, indicate that due to current problems pertaining to the association of Orrin Aune with this development, the developers wish the previously approved grading permit to expire rather than to renew and resubmit the appropriate insurance certificates protecting the City of Eagan. ACTION TO BE CONSIDERED ON THIS ITEM: To cancel the previously approved grading permit #09073 issued to the Lone Oaks Heights development through Belfany Development, Inc. 7 Agenda Information April 3, 1984 City Page Six C: Packet Council Meeting 0 CHANGE ORDER #1, COUNTY CONTRACT/DIFFLEY ROAD D. Change Order #1, County Contract 30-01 (Diffley Road) -- During the installation of utilities within the proposed improve- ments of County Road 30 (Diffley Road) under County Contract 30-01 during the fall of 1983, it was determined that the existing material underneath the existing service drives is inadequate to provide the proper support for construction of the proposed improvements. Subsequently, a change order 'was prepared to remove approximately 4,300 C.Y. of poor subgrade material to be replaced with granular backfill 'at an additional cost of approximately $30,000. The cost of this change order will be handled by supplemental agreement mto the cost participation agreement presently in effect between the County and the City for improvements to County road contracts. ACTION TO BE CONSIDERED ON THIS ITEM: To approve change order #1 to County Contract 30-01 for an ADD $29,995.60 and authorize City personnel to execute all required documents. 0 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Seven SPECIAL ASSESSMENT AIDE Personnel Items 1. With the approved 1984 budget, the Finance Department increased their half-time utility billing clerk to a full-time clerk typist. With the transfer of Nancy Ohm to fulfill this full-time position within the Finance Department, the Public Works Department had to fill the vacancy of the other half-time position providing assistance to the Special Assessment Clerk. Subsequently, the Director of Public works conducted interviews for this part-time position and is subsequently recommending that the City Council authorize the hiring of Barbara Jean Thompson from Apple Valley for the Special Assessment Aid in the Public Works Department at a compensation and benefit package as provided for in the current Union Contract and City policy. The hiring should be contingent upon successful passage of the City's required medical/ health examination. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the hiring of Barbara Jean Thompson as a part-time Special Assessment Aid within the Public Works Department. E Agenda Information April 3, 1984 City Page Eight 0 Packet Council Meeting LA Model Home Permit Applications/Westbury Addition £. Model Home Permit Applications, Westbury Addition -- We have received an application from Gabbert Development requesting the issuance of three building permits for model homes to be located on the following lots: Lots 2, 3 or 4 of Block 3 Lots 1 and 2 of Block 1 (Duplex Unit) Lots 5 or 6 of Block 6 Due to the requirement that no building permits can be issued until the final plat has been recorded at Dakota County, it is necessary for the Council to grant special authorization for the premature issuance of these building permits as requested. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the issuance of a building permit for model home purposes on Lots 1 and 2, Block 1; Lots 2, 3 or 4 of Block 3; and Lots 5 or 6 of Block 6, Westbury First Addition. 0 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Nine Utility Easement Vacation/Knob Hill of Eaqan G. Utility Easement Vacation, Receive Petitions/Order Public Hearing (Knob Hill of Eagan Addition) -- we have received a petition to vacate a small triangular segment of a utility easement to facilitate the construction of a double garage for the townhouse development in lieu of the originally planned single garages. Preliminary review of this by the staff indicates there should be no objection associated with this. However, a public hearing will be necessary as this is a publicly dedicated drainage and utility easement. Enclosed on pages �+ through A is a copy of the petition, legal description and graphic location of this easement to be vacated for the Council's reference. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and schedule a public hearing to be held on May 1, 1984, for the vacation of a portion of the utility easement located within Block 1 of the Knob Hill of Eagan Addition. • FCR CIT': 11SE C:ILy Petition N Date Received ,Z7�fi i ( PFTIT.ION Presented to Council LOCATION/SUBDIVISI0i1 KNOB HILL OF EAGAN I/vie, the undersigned, owners'of the real property adjacent to Street) or within Lot 2, Block 1, KNOB HILL OF EAGAN hereby petition for: Subdivision, Street improvements Sanitary Sewer Water Supply (Check requested items) Storm Sevier Street Lights u Tl,, r y Other C' (Explain) Vacation of Easement (Legal attached) I/we understand that upon receipt of this petition, a public hearing will be held. Irregardless of approval or denial of the requested vacation at the time of public hearing, I/we hereby guarantee payment for all costs incurred in the processing and recording of this requested vacation, 3. 4. 5. 6. 7. 8. 9. McCOMBS-KNUTSON ASSOCIATES, INC. r !';+ CONSULTING ENGINEERS O LANG SURVEYORS ■ PLANNERS Reply To: 12800 Indunrial Park Boulevard Plymouth, Minnesota 55441 18121 559.3700 KNOB HILL OF EAG AN Proposed vacation - Easement That part of the utility and drainage easement las delineated on Lot 2, Block 1, KNOB HILL OF EAGAN according to the recorded plat thereof, Dakota County, Min- nesota described as follows: Commencing at the northwest corner of said Lot 2; thence North 85 degrees East along the north line of said Lot 2 a distance of 30.08 feet; thence south 00 degrees 45 minutes 33 seconds East, 108.62 feet; thence North 44 degrees 14 minutes 27 seconds East 33.01 to the point of beginning; thence continue North 44 degrees 14 minutes 27 seconds East 26.85 feet; thence south 79 degrees 58 minutes 27 seconds west 21.80 feet; thence South 10 de- grees Ol minutes 33 seconds East 15.68 feet to the point of beginning. Date: 3/13/84 06293 13 printed on recycled paper Ma601B 09 t ter• ,kdMH6IH V 11v0,89,99= v" d I 31tJ1S A1Nn0� 00 *G w ` v y N IW e2e'sce ° � v r1i Zlw i d- — l011no 020 66.21£ 3 „60 ,10. 18N At^- 66'L8Z 13 N nOZ.L J an \ � -, (b d �� wasoa-abou,olpos 01� /-f'/./��IJ `alb of of o p / I . 0 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Ten Grading Permit Application/Lexington Square Addition H. Grading Permit Application, Lexington Square Addition (Phase 1) -- With the recent approval of the preliminary plat for the Lexington Square Addition, staff has received an application for a grading permit for the first phase which incorporates approximately 42 acres. All permit requirements have been received, reviewed and approved by the staff and found to be in order for favorable consideration by the Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the grading permit application for Lexington Square 1st Addition as submitted by Northland Development Company. 16' Agenda Information Packet April 3, 1984 City Council Meeting Page Eleven Gradinq Permit Application/Hillandale 2nd Addition I. Grading Permit Application, Hillandale 2nd Addition With the recent approval of the preliminary plat for the Hillandale 2nd Addition, the staff has received an application for a grading permit for the first phase of this development. All grading permit requirements have been received, reviewed and approved by staff and found to be in order for favorable consideration by the Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the grading permit applications for the Hillandale 2nd Addition, first phase, as submitted by the Michael Construction Company. 14 Agenda Information April 3, 1984 City Page Twelve 0 Packet Council Meeting 0 Utility Easement Vacation/Windtree 2nd Addition i. Vacation of Utility Easement, Receive Petition/Order Public Hearing (Windtreet 2nd Addition) -- We have received a petition to vacate the common lot line drainage and utility easements over all lots within the Windtree 2nd Addition with the exception of lots 13 and 14 of Block 3. These public utility and drainage easements must be vacated to accomodate the replat of this subdi- vision into the Windtree 3rd Addition which requires the relocation of the existing side lot lines. These utility easements will be replaced in like kind with the final platting of the Windtree 3rd Addition. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and order the public hearing to be held on May 1, 1984, for the vacation of the drainage and utility easements over the common lot lines within the Windtree 2nd Addition. 17 Agenda Information Packet April 3, 1984 City Council Meeting Page Thirteen Project 396/Westbury Addition A. Project 396, Westbury Addition (Streets & Utilities) -- on February 7, 1984, the Council received a petition from Gabbert Development and authorized the preparation of a feasibility report for the installation of streets and utilities to service the first phase of the Westbury Addition development. This feasibility report was presented to the Council on March 6 with the public hearing being scheduled for April 3. Also, notices have been published in the legal newspaper and sent to all property owners who would be assessed under this project. A copy of the feasibility report was forwarded to the developer for his review prior to.the public hearing. As of this date, the staff has received no objections to this proposed improvement. Enclosed on pages�_ through is a copy of the feasibility report for the Council's reference during the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 396 for the installation of streets and utilities within the Westbury Addition. E i REPORT ON WESTBURY ADDITION UTILITY AND STREET IMPROVEMENTS PROJECT No. 396 am EAGAN , MINNESOTA File No. 49298 Bome�,, Rodeme, 1Q.d,041da C fYddac�, Yom SG Pa..4 M4mme"la 19 0 96 $T, p..( Af"...b 55119 PA. 412-696-4600 February 28, 1984 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55121 Re: Westbury Addition Project 396 Our File No. 49298 Dear Mayor and Council: 0 YMC. Gk. R. Cant RE RAR A. Grade RE Thm E ftft RE Rkh" W. Fmm RE Ra G. SAaANv. RE M. L Sa..I; P.E OarMC &wt. i. RE JIM A. Rw I RE and R A. Na.m., RE fid R. Tia. RE Mk Md T. R.PC Rohm R. Pf.ffolr. RE Dn /maom. RE CMM A. filr LM M. Po.ARJ Nnlm M. Ohm Transmitted herewith is our report for Westbury Addition, Project 396. This report covers sanitary sewer, water main, storm sewer, and street construction and includes a preliminary assessment roll. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. aC/.g�P%1 Mark A. Hanson MAH:11 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. L Mark A. Hanson Date: February 28, 1984 Reg. No. 14260 Approved b c2t/do ^ Nomas A. Colbert, P.E. Director of Public Works Date: 3 -1 -dc- y 9563b G. i E W.ft Rahn W. Ray..t RE R06 R Ja>mR C. A.dnfit P.E &adfW A. LMbV . RE Rt/md E Tkm . RE Jo C. Oho.. P.£. Gk. R. Cant RE RAR A. Grade RE Thm E ftft RE Rkh" W. Fmm RE Ra G. SAaANv. RE M. L Sa..I; P.E OarMC &wt. i. RE JIM A. Rw I RE and R A. Na.m., RE fid R. Tia. RE Mk Md T. R.PC Rohm R. Pf.ffolr. RE Dn /maom. RE CMM A. filr LM M. Po.ARJ Nnlm M. Ohm Transmitted herewith is our report for Westbury Addition, Project 396. This report covers sanitary sewer, water main, storm sewer, and street construction and includes a preliminary assessment roll. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. aC/.g�P%1 Mark A. Hanson MAH:11 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. L Mark A. Hanson Date: February 28, 1984 Reg. No. 14260 Approved b c2t/do ^ Nomas A. Colbert, P.E. Director of Public Works Date: 3 -1 -dc- y 9563b 0 0 SCOPE: This project. provides for the construction of sanitary sewer, water main, storm sewer, and streets to service Westbury Addition. Westbury Addi- tion is located in the southwest quadrant of Lexington Avenue and Wescott Road and will ultimately include 111 lots for single family and 36 lots for twin homes. The first phase of the project proposed herein includes developing 50 lots for single family and 20 lots for twin homes. Also included is the con- struction of a major trunk sanitary sewer and storm sewer to service the area east of Lexington Avenue as outlined in each of the respective Comprehensive Plans. FEASIBILITY AND RECOMMENDATIONS: This project is feasible from an engineering standpoint and is in accordance with the Master Utility and Street Plan for the City of Eagan. The project as outlined herein can best be carried out a one contract. DISCUSSION: Sanitary Sewer - Sanitary sewer proposed herein includes an 8 inch diameter lateral sanitary sewer and a 12 inch and 15 inch diameter trunk sanitary sewer to properly service the lots in Westbury Addition. It is intended the lateral sanitary.sewer in Westbury Drive be constructed at an adequate depth to prop- erly service the future lots abutting the cul-de-sac located in the southwest- erly corner of Outlot C. The trunk sanitary sewer will be constructed at a sufficient depth and capacity to service the area east of Lexington Avenue as outlined in the Comprehensive Sewer Policy Plan. However, also included in the service area for this trunk sanitary sewer is the westerly half of Subdis- trict C -JJ and C -II which was originally intended to drain easterly to Lift Station No. 54. Sanitary sewer proposed herein will .connect to the Wescott Trunk Sanitary Sewer - Project No. 361 which is presently under construction through Contract 84-2. Page 1. 9563b 21 i WATER MAIN: Water main proposed herein includes a 6 inch diameter lateral water main and a 12 inch diameter trunk water main to properly service the lots in Westbury Addition. City Project No. 395 Lexington Avenue Booster Sta- tion and Trunk Water Main (Wescott Road to Diffley Road) is also being submit- ted for the Council's consideration at this time. This trunk water main in conjunction with the existing 12 inch trunk water main in Wescott Road will be the main water supply to service Westbury Addition as shown on the attached drawing. Also included are the required number valves and hydrants. SERVICES: Sanitary sewer and water services are proposed to be constructed 15 feet beyond the property line. Service lines are proposed to be 4 inch diame- ter for sanitary sewer and 1 inch diameter for water. STORM SEWER: Storm sewer proposed herein will convey drainage from Westbury Addition to Hurley Lake (Pond JP -11 as designated in the Comprehensive Storm Sewer Plan). Presently under construction through Contract 83-17 is the storm sewer lift station and force main which when completed will convey drainage from Hurley Lake to Pond JP -47. Pond JP -47 presently discharges through a combination of controlled outlets utilizing storm sewer pipe, ponds, and lakes to the Minnesota River. Storm sewer proposed herein is separated in lateral storm sewer and trunk storm sewer. Lateral storm sewer is,the amount of storm sewer required to convey drainage within the Westbury Addition. Lateral storm sewer includes a combination of 24"9 21111 18", 15", and 12" diameter storm sewer pipe. Although 24" and 21" diameter storm sewer pipe are not proposed to be constructed as part of this project, they were used to determine the lateral storm sewer benefit amount from the trunk storm sewer system. Trunk storm sewer proposed herein includes construction of the trunk storm sewer from Pond JP -11 to Lexington Avenue as shown in the Comprehensive Storm Page 2. 9563b Z2 0 0 Sewer Plan. This trunk storm sewer will ultimately convey drainage from near- ly 2,000 acres. Trunk storm sewer proposed herein includes 48" and 42" diame- ter storm sewer pipe constructed up to 35 feet deep. Ultimately this trunk storm sewer will be constructed easterly as future development occurs. Also included was evaluating the feasibility of constructing the future force main from the Patrick Eagan Lake Lift Station (Pond JP -9 and Lift Sta- tion No. 13 as designated in the Comprehensive Storm Sewer Plan) along the west line of Westbury Addition as opposed to through the parcel located di- rectly west of Westbury Addition (McCarthy's). Both alignments are feasible, however, the alignment through McCarthy's land is less costly due to a lesser elevation which the lift station is required to pump against. It is antici- pated the initial construction cost would be $10,000 to $15,000 less while the power costs on a yearly basis assuming saturated development would be approxi- mately $2,000 to $4,000 less through McCarthy's parcel as opposed to through Westbury Addition. In any event, 'the force main. through Westbury Addition would not be required until the third phase is developed which is not antici- pated until 1986. STREET b BITUMINOUS TRAIL: Street construction proposed herein includes con- struction of a 32 foot wide street for all the streets within Westbury Addi- tion as shown on the attached drawing. Each street will be constructed to a 7 ton residential design thickness with surmountable concrete curb and gutter in conjunction with the required restoration for boulevards. Also included is construction of an 8 foot wide bituminous trail along Lexington Avenue for the first phase. It is assumed grading of the streets and trail will be done by the developer. Page 3. 9 56 3b '215 AREA TO BE INCLUDED: Assessment Area NE 1/4 SECTION 22 Parcel 012-01 Parcel 011-04 Westbury Addition (011-01) Construction Area NE 1/4 SECTION 22 Parcel 012-01 Westbury Addition (011-01) COST ESTIMATES: Detailed cost estimates are presented in Appendix A located at the back of this report. A summary of these costs is as follows: Sanitary Sewer $206,590 Water Main 89,490 Services 56,320 Storm Sewer 429,610 Street b Bituminous Trail 188,100 TOTAL ........... $970,110 The total estimated project cost is $970,110 which includes contingencies and all related overhead. Overhead costs are estimated at 27% and include legal, engineering, administration, and bond interest. ASSESSMENTS: Assessments are proposed to be levied against the benefited property. A preliminary assessment roll is included at the back of this re- port in Appendix B. SANITARY SEWER: Sanitary sewer proposed herein is separated into lateral and trunk. Lateral sanitary sewer is the amount of sanitary sewer required to service the Westbury Addition and is therefore proposed to be assessed evenly against each benefiting lot. The lateral benefit from the trunk sanitary sewer was determined by designing an 8 inch equivalent diameter sanitary sewer at a depth to properly service Westbury Addition. Also included is a lateral Page 4. 9563b Tj 0 0 sanitary sewer extention to service Parcel 012-01 located southeast of West- bury Addition. It is proposed' -to assess the entire cost of this line to Par- cel 012-01. Trunk sanitary sewer is the amount of sanitary sewer required to service the area outside of Westbury Addition. Trunk sanitary sewer will therefore be the responsibility of the trunk fund. Presently, trunk area assessments for this area are pending as part of Wescott Trunk Sanitary Sewer, Project No. 361. WATER MAIN: Water main proposed herein is separated into trunk and lateral water main. Lateral water main is all water main 6 inch in diameter and is proposed to be assessed evenly against the benefited lots in Westbury Addi- tion. Therefore, the 12 inch trunk diameter water main located in Westbury Drive will be assessed as a 6 inch lateral equivalent and all oversizing costs associated with the 12 inch trunk main will be the responsibility of the trunk fund. Trunk area :rater main for the north 40 acres was previously assessed as part of Wescott Road Utility and Street Improvements - Project No. 305. Pres- ently, there are proposed assessments for trunk area and lateral benefit from trunk water associated with Project No. 395, Lexington Avenue Booster Station and Trunk water Main (Wescott Road to Diffley Road). SERVICES: Services are proposed to be assessed evenly against the benefited lots they serve. STORM SEWER: Storm sewer proposed herein is separated in lateral and trunk. Lateral storm sewer is the amount of storm serer required to service the West- bury Addition. The lateral storm sewer was determined by designing a lateral storm system to service only Westbury Addition. The lateral storm sewer equivalent diameters in lieu of the actual trunk diameter are shown on the drawing at the back of this report. -It is proposed all lateral and lateral Page 5. 9563b a5- 0 0 equivalent storm sewer, costs be assessed evenly against the benefited lots in Westbury Addition. However, it proposed that the lateral storm sewer amount be apportioned between the first phase and Outlots B and C as follows: First Phase 66% Outlot B 9% Outlot C 25% Based on this division, the lateral storm sewer assessment per lot will be more equal such that one phase does not incur a significantly greater or lesser assessment than the other. Trunk area storm sewer is proposed to be assessed to the benefited proper- ty as shown on the attached drawing. Trunk area storm sewer rates will be those in effect at the time of the public hearing. STREET b BITUMINOUS TRAIL: Streets and bituminous trailway proposed herein are to be assessed evenly against the benefited lots they serve in Westbury Addition. All lateral costs will be revised based on final costs. Trunk area rates in effect at the time of this report are as follows: TRUNK STORM SEWER Single Family $0.045/sq.ft. Multi -Family $0.057/sq.ft. REVENUE SOURCES: Revenue sources to cover the cost of this project are as follows: Page 6. 9563b Page 7. 9563b Q-7 Project Cost Revenue Balance A.) SANITARY SEWER Lateral $106,540 Trunk 100,050 Lateral Assessment $106,540 $206,590 $106,540 -$100,050 B.) WATER MAIN Lateral $ 74,080 Trunk 15,410 Lateral Assessment $ 74,080 $ 89,490 $ 74,080 -$ 15,410 C.) SERVICES Lateral $ 56,320 Lateral Assessment5$ 6,320 $ 56,320 $ 56,320 - 0 - D. STORM SEWER Lateral $147,310 Trunk 282,300 Lateral Assessment $147,310 Trunk Area 130,270 $429,610 $277,580 -$152,030 E. STREET b BITUMINOUS TRAIL Lateral $188,100 Lateral Assessment18$ 8,100 $188,100 $188,100 - 0 - TOTAL ............ -$267,490 Page 7. 9563b Q-7 0 0 The total estimated trunk fund balance for this project is -$267,490 which will be the responsibility of each respective trunk fund. The greatest defi- cit is shown for trunk storm sewer which is because the most expensive portion of trunk storm sewer is required through Westbury Addition. However, as the major trunk continues east and decreases in size and depth, the ratio of the trunk project costs to the area assessment revenue will decrease. Therefore, additional revenue will be generated in the future to offset deficits pre- sented herein. PROJECT SCHEDULE Present Feasibility Report Public Hearing Approve Plans 6 Specifications Open Bids Award Contract Construction Completion Final Assessment Hearing First Payment Due with Real Estate Taxes Page 8. 9563b I�i•J March 6, 1984 April 3, 1984 May 1984 June 1984 June/July 1984 Fall 1984 Spring 1985 May 1986 APPENDIX A PRELIMINARY COST ESTIMATE WESTBURY ADDITION PROJECT NO. 396 A.) SANITARY SEWER 770 Lin.ft. 15" RCP Sanitary sewer 25'-30' dp, in pl. @ $70.00/lin.ft. $ 53,900 60 Lin.ft. Jack or auger 15" RCP sanitary sewer @ $150.00/lin.ft. 9,000 400 Lin.ft. 12" RCP Sanitary sewer 15'-20' dp, in pl. @ $22.00/lin.ft. 8,800 470 Lin.ft. 12" RCP Sanitary sewer 10'-15' dp. in 01. @ $19.00/lin.ft. 8,930 110 Lin.ft. 8" DIP Sanitary sewer 25'-30' dp. in pl. @ $25.00/lin.ft. 2,750 220 Lin.ft. 8" PVC Sanitary sewer 15'-25' dp. in pl. @ $15.00/lin.ft. 3,300 2,155 Lin.ft. 8" PVC Sanitary sewer 0'-15' dp, in pl. @ $10.00/lin.ft. 21,550 17 Each Std. 4' dia. MH w/cstg. @ $900.00/each 15,300 173 Lin.ft. MH depth greater than 8' dp. in pl. @ $60.00/lin.ft. .10,380 6 Lin.ft. 12" Outside drop for MH @ $140.00/lin.ft. 840 59 Lin.ft. 8" Outside drop for MH @ $120.00/lin.ft. 7,080 250 Lin.ft. 4" CISP service riser in pl. @ $15.00/lin.ft. 3,750 13 Each 15" x 4" wye in pl. @ $70.00/each 910 9 Each 12" x 4" wye in pl. @ $70.00/each 630 50 Each 8" x 4" wye in pl. @ $40.00/each 2,000 200 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd. 2,000 4,125 Lin.ft. Mechanical trench compaction in pl. (d $0.92/lin.ft. 3,795 Total $154,915 +5% Contingencies 7,750 $,1;62,665 +27% Legal, Engrng., Admin. 6 Bond Interest 43,925 A.) TOTAL SANITARY SEWER ................................ $206,590 Page 9. 9563b oil 0 0 N B.) WATER MAIN 860 Lin.ft. 12" DIP Water main in pl. @ $21.00/lin.ft. $ 18,060 2,750 Lin.ft. 6" DIP Water main in pl. @ $10.00/lin.ft. 72 27,500 8 Each Hydrant in pl. @ $900.00/each Each 7,200 1 Each 12" Butterfly valve and box @ $750.00/each Mechanical trench compaction @ $1.00/lin.ft. 750 7 Each 6" Resilient wedge gate valve b box @ $350.00/each $ 42,240 2,450 5,100 Lbs. Fittings in pl. @ $1.30/lb. 6,630 1 Each Connect 12" DIP to ex. 12" DIP @ $400.00/each 400 1 Each Connect 6" DIP to ex. 6" DIP @ $300.00/each 300 50 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd. 500 3,310 Lin.ft. Mechanical trench.compaction @ $1.00/lin.ft. 3,310 Total $ 67,100 +5% Contingencies 3,360 $ 70,460 +27% Legal, Engrng., Admin. b Bond Interest 19,030 B.) WATER MAIN .......................................... $ 89,490 C.) SERVICES 3,240 Lin.ft. 4" PVC Sanitary sewer service @ $5.00/lin.ft. $ 16,200 3,320 Lin.ft. 1" Type "K" copper water service @ $5.00/lin.ft. 16,600 72 Each 1" Corporation stop @ $15.00/each 1,080 72 Each 1" Curb stop @ $70.00/each 5,040 3,320 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. 3,320 Total $ 42,240 +5% Contingencies 2,110 $ 44,350 +27% Legal, Engrng., Admin. 6 Bond Interest 11.970 9563b C.) TOTAL SERVICES ...................................... $ 56,320 Page 10. 30 r1 L 0 D.) STORM SEWER 1,270 Lin.ft. 48" RCP Storm sewer 25'-35' dp. in pl. @ $135.00/lin.ft. 80 Lin.ft. Jack or auger 48" RCP Storm sewer @ $450.00/lin.ft. 100 Lin.ft. 42" RCP Storm sewer 25'-30' dp. in pl. @ $90.00/lin.ft. 100 Lin.ft. 42" RCP Storm sewer 15'-25' dp. in pl.,@ $70.00/lin.ft. 270 Lin.ft. 42" RCP Storm sewer 0'-15' dp. in pl. @ $60.00/lin.ft. 410 Lin.ft. 18" RCP Storm sewer 0'-15' dp. in pl. @ $24.00/lin.ft. 800 Lin.ft. 15" RCP Storm sewer 0'-15' dp. in pl. @ $22.00/lin.ft. 400 Lin.ft. 12" RCP Storm sewer 0'-15' dp. in pl. @ $19.00/lin.ft. 5 Each MR w/cstg. Plate 1-4 in pl. @ $2,000.00/each 7 Each Std. 4' drain MH w/cstg. in pl. @ $900.00/each 3 Each CBMH w/cstg. @ $850.00/each 8 Each CB w/cstg. @ $750.00/each 112 Lin.ft. MH depth greater than 8' dp. @ $60.00/lin.ft. 1 Each 42" RCP flared end w/trash guard @ $2,200.00/each -1 Each 18" RCP flared end w/trash guard @ $800.00/each 1 Each 15" RCP flared end w/trash guard @ $600.00/each LUMP SUM Clear and grub trees @ $500.00/L.S. 16 Cu.yds. Rip rap @ $50.00/cu.yd. 100 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd. 1,470 Lin.ft. Class B-2 bedding @ $2.99/lin.ft. 3,350 Lin.ft. Mechanical trench compaction @ $0.93/lin.ft. 2.5 Acres Seed with mulch S fertilizer @ $1,000.00/each Total +5% Contingencies +27% Legal, Engrng., Admin. b Bond Interest D.) TOTAL STORM SEWER ................................... 9563b Page 11. 31 i $1171,450 36;000 9,000 7,000 116,200 1 9,840 117,600 7,600 110,000 6,300 2,550 6,000 6,720 2,200 :IN 600 I 500 800 I 1,000 4,410 3,100 2.500 $322,170 16,110 $338,280 1 91.340 $429,610 0 0 E.) STREET b BITUMINOUS TRAIL 820 Cu.yds. Subgrade correction @ $3.00/cu.yd. $ 2,400 400 Cu.yds. Select granular borrow @ $4.50/cu.yd. 1,800 14,710 Sq.yds. Subgrade preparation @ $0.25/sq.yd. 3,680 5,930 Ton Class 5 100% crushed quarry rock @ $6.80/ton 40,330 1,150 Ton 2331 Bituminous base course @ $11.00/ton 12,650 1,125 Ton. 2341 Bituminous wear course @ $12.00/ton 14,700 130 Ton Bituminous material for mixture @ $210.00/tan 27,300 - 620 Gals. Bituminous material for tack coat @ $1.20/gal. 750 6,980 Lin.ft. Surmountable concrete curb 6 gutter @ $4.00/lin.ft. 27,920 1,780 Lin.ft. Reinforcing for concrete curb b gutter @ $1.00/lin.ft. 1,780 32 Each Adjust MH and CB frame @ $120.00/each 3,840 9 Each Adjust G.V. and Box @ $100.00/each 900 3.0 Acre Seed with topsoil and mulch @ $1,000.00/acre 3,000 Total $141,050 +5% Contingencies 7,060 $148,110 +27% Legal, Engrng., Admin. 6 Bond Interest 39,990 E.) TOTAL STREET b BITUMINOUS TRAIL .................... $188,100 A.) SANITARY SEWER $206,590 B.) WATER MAIN 89,490 .C.) SERVICE 56,320 D.) STORM SEWER 429,610 E.) STREET 6 BITUMINOUS TRAIL 188,100 9563b TOTAL ................... $970,110 Page 12. 3k - - 0 0 APPENDIX B PRELIMINARY ASSESSMENT ROLL WESTBURY ADDITION PROJECT NO. 396 A.) SANITARY SEWER Lateral (Includes the lateral benefit from trunk sanitary sewer) Number of Lots Parcel Description or Lot Equivalent Cost/Lot 012-01 2.3 $1,473 WESTBURY ADDITION Block 1, Lot 1-14 14 $1,473 Block 2, Lot 1-15 15 $1,473 Block 3, Lot 1-10 10 $1,473 Block 4, Lot 1-21 21 $1,473 Block 5, Lot 1-4 4 $1,473 Block 7, Lot 1-6 6 $1,473 Total 72.3 B.) WATER MAIN Lateral (Includes the lateral benefit from trunk water main) WESTBURY ADDITION Block 1, Lot 1-14 14 $1,058 Block 2, Lot 1-15 15 $1,058 Block 3, Lot 1-10 10 $1,058 Block 4, Lot 1-21 21 $1,058 Block 5, Lot 1-4 4 $1,058 Block 7, Lot 1-6 6 $1,058 Total 70 Page. 13. 9563b 3!> Total Assessment $ 3,400 $ 20,628 22,1011 14,734; 30,9421 5,8941 8.8411 $106,540 I i $ 14,816 15,874 10,582 22,224 4,233 6.350 $ 74,080 WESTBURY ADDITION - PHASE I Number of Lots C.) SERVICES Parcel Description or Lot Equivalent Cost/Lot Assessment Block Lateral Lot 1-14 14 $587 $ 8,223 Block 2, Number of Lots 1-15 Total Parcel Description 8,811 or Lot Equivalent Cost/Lot Assessment WESTBURY ADDITION 1-10 10 $587 5,874 Block Block 1, Lot 1-14 Lot 14 21 $805 $ 11,264 Block 2, Lot 1-15 5, 15 1-4 $805 12,069 Block 3, Lot 1-10 Block 10 Lot $805 8,046 Block 4, Lot 1-21 3,524 21 $805 16,896 Block 5, Lot 1-4 4 $805 3,218 Block 7, Lot 1-6. 6 $805 4,827 Total 70 $ 56,320 D.) STORM SEWER a.) Trunk Area Parcel Area Credit Assessable Total Description (Sq.ft.) (Sq.Ft.) Area(Sq.ft.) Rate Assessment NE 1/4 SECTION 22 012-01 203,205 Future R/W (20X) 162,564 $0.045/s.f. $ 7,316 Pond 52,100 011-04 1,177,200 Future R/W (20X) 900,080 $0.045/s.f. 40,504 WESTBURY ADDITION Phase I 642,000 --- 642,000 $0.045/s.f. $ 28,890 214,500 -- 214,500 $0.057/s.f. 12,226 Outlot B 175,500 --- 175,500 $0.045/s.f. 7,897 124,250 -- 124,250 $0.057/s.f. 7,082 Outlot C 544,000 -- 544,000 $0.045/s.f. 24,480 Total $128,395 WESTBURY ADDITION - PHASE I Page 14. 9563b 3�4 Number of Lots Total Parcel Description or Lot Equivalent Cost/Lot Assessment Block 1, Lot 1-14 14 $587 $ 8,223 Block 2, Lot 1-15 15 $587 8,811 Block 3, Lot 1-10 10 $587 5,874 Block 4, Lot 1-21 21 $587 12,335 Block 5, Lot 1-4 4 $587 2,349 Block 7, Lot 1-6 6 $587 3,524 Total 70 $ 41,116 Page 14. 9563b 3�4 0 0 b.) Lateral (Includes the lateral benefit from trunk storm sewer) WESTBURY ADDITION E.) STREET WESTBURY ADDITION Block 1, Lot 1-14 Number of Lots $2,687 Total Parcel Description or Lot Equivalent Cost/Lot Assessment Block 1, Lot 1-14 14 $1,403 $ 19,640 Block 2, Lot 1-15 15 $1,403 21,044 Block 3, Lot 1-10 10 $1,403 14,030 Block 4, Lot 1-21 21 $1,403 29,462 Block 5, Lot 1-4 4 $1,403 5,612 Block 7, Lot 1-6 6 $1,403 8,418 Outlot B 9 $1,403 12,627 Outlot C 26 $1,403 36.477 Total 105 $147,310 E.) STREET WESTBURY ADDITION Block 1, Lot 1-14 14 $2,687 $ 37,620 Block 2, Lot 1-15 15 $2,687 40,307 Block 3, Lot 1-10 10 $2,687 26,871 Block 4, Lot 1-21 21 $2,687 56,430 Block 5, Lot 1-4 4 $2,687 10,749 Block 7, Lot 1-6 6 $2,687 16.123 Total 70 $188,100 9563b Page 15. 3S Parcel Description NE 1/4 SECTION 22 012-01 011-04 WESTBURY ADDITION Blk. 1, Lot 1-14 Blk. 2, Lot 1-15 Blk. 3, Lot 1-10 Blk. 4, Lot 1-21 Blk. 5, Lot 1-4 Blk. 7, Lot 1-6 Outlot B Outlot C SUMMARY COST/LOT, PARCEL Storm Sanitary Water Sewer Storm Total Assess - Sewer Main Services Trunk Sewer Street ment Cost Per Lateral(1) Lateral(2) Lateral Area Lateral(3) Lateral Lot, Parcel $3,400 --- --- $ 7,316 $ 10,716 • --- --- --- 40,504 40,504 $1,473 $1,058 $ 805 $ 587 $ 1,403 $2,687 $ 8,013 1,473 1,058 805 587 1,403 2,687 8,013 1,473 1,058 805 587 1,403 2,687 8,013 1,473 1,058 805 587 1,403 2,687 8,013 1,473 1,058 805 587 1,403 2,687 8,013 1,473 1,058 805 587 1,403 2,687 8,013 14,979 12,627 27,606 24,480 36,477 60,957 (1) Includes the lateral benefit from trunk sanitary sewer for Westbury Addition only. (2) Includes the lateral benefit from trunk water main. (3) Includes the lateral benefit from trunk storm sewer. 9563b Page 16. �_ WESCOTT RD. (PARCEL 012-01) FEBRUARY 20, 1984 0. `WESCOTT RD. 'I 5 4 3 2 I 1 2,3 G� 5 6 6 a 1 15 'G / • 9 6 O� L_L S IZ ,\,J i9 a 6 M 9 I = IO F p Iu W W 12 O SONESTR00, ROSENE, ANDERLIN WEST ADDITION 8 ASSOCIATES, INC. Consulting Engineers WATERMAIN �__ Sr. Paul, Minnesoro PROJECT NO. 396 it DATE: ilBNUGR>t 28, 1964 _ COMMISSION Ne. 49798 i. 1 15 'G / • 9 6 O� L_L S IZ ,\,J i9 a 6 M 9 I = IO F p Iu W W 12 O SONESTR00, ROSENE, ANDERLIN WEST ADDITION 8 ASSOCIATES, INC. Consulting Engineers WATERMAIN �__ Sr. Paul, Minnesoro PROJECT NO. 396 it DATE: ilBNUGR>t 28, 1964 _ COMMISSION Ne. 49798 `----WESCOTT RD N 81 I I I I m WESCOTT RO_ S :43 2 I I 2 3 4 5 6 6 L � 7 7 6_ I 2 3 1 4 S 9 6 2 IO 9P l0 9 e � 6 P 112 0 p Q 17 A% II — _—.14 12 / 6 IS a 3 2 1 ; ° 13- 14 6 9 0 TL 13. 4 10 u I t 12 r 2 '3 y .p m 3 �TLa— .s w 1(9 19 2 3 a SONESTROO. ROSENE, ANDERLIK WESTBURY ADDITION 9 ASSOCIATES, INC, STREETS Consulting Engineers I 1 St. Poul, Minnes9to PROJECT NO. 396 JDATE; FEBRUARY 28, 1984 Commission Me. 49295 Agenda Information April 3, 1984 City Page Fourteen • Packet Council Meeting C, Project 395/Lexington Avenue B. Project 395, Lexington Avenue (Trunk Watermain/Booster Station -- On February 7, the City Council authorized the preparation of a feasibility report for the installation of a trunk watermain along Lexington Avenue from Wescott Road to Diffley Road. This feasibility report was presented to the Council on March 6 with the public hearing scheduled to be held on April 3. Enclosed on pages3 through �� is a copy of the feasibility report for t e Council's 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 project. As of this date, the staff has received no objections to this proposed improvement. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 395 for the installation of trunk watermain along Lexington Avenue and the construction of the booster station and, if approved, authorize the preparation of detailed plans and specifications. 42 0 0 REPORT 11yo LEXINGTON AVENUE BOOSTER STATION & TRUNK WATER MAIN ( Wescott Road to Diff ley Road ) PROJECT NO.395 FOR EAGAN, MINNESOTA FILE N0.49294 �t A� Mo..rasoto 43 N 0 4a&4" & 4. 1333 W. 7...a .vp"" St. /).A A(...& 631t`3 PL... 611.636-4600 February 22, 1984 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55121 Re: Lexington Avenue Booster Station and Trunk Water Main (Wescott Road to Diffley Road) Project No. 395 Our File No. 49294 Dear Mayor and Council: 0 G/nu R. Coot. P.£ Keith A. Ci Mon, P.E. Thome E. Noy P.£ Rrh W. Faun. P -E. Rohn G. SrhwnM, P.E. hler.ie L. S ii;. P.E- OoneMC. RYI(eM1. P.E. Jr A. RaaMom P.£ Mart A. Nenoon. P.E. TM R. F.M. P.E. MirAm T. Reurmann. P.E. Rohn R. PJd/mrc. P.£ Q dLmt.m. P.E. Cher A- Frim.. !ao M. ft.e k, Harlon M. O Transmitted herewith is our report for Lexington Avenue Booster Station and Trunk Water Main, Project No. 395 from Wescott Road to Diffley Road. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, Mark A. Hanson MAH:li ANDERLIK 6 ASSOCIATES, INC. 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 Minne ta. —7 Mark A. Hanson Date: Z - Approved by _'.(—E.tee.) ' r'-��Cr' homas A. Colbert, P.E. Director of Public Works Date: - .�y 9454b 41 Reg. No. Z�od Gno G, R .. P.E. o Robrt W,. Revne. P.E. Jwph C. ArdM4. P.£ Rmd/oMA. LrmM1e, P.£ RlrhwM £ Tamm, P.E. Jame C. Otron. P. E. G/nu R. Coot. P.£ Keith A. Ci Mon, P.E. Thome E. Noy P.£ Rrh W. Faun. P -E. Rohn G. SrhwnM, P.E. hler.ie L. S ii;. P.E- OoneMC. RYI(eM1. P.E. Jr A. RaaMom P.£ Mart A. Nenoon. P.E. TM R. F.M. P.E. MirAm T. Reurmann. P.E. Rohn R. PJd/mrc. P.£ Q dLmt.m. P.E. Cher A- Frim.. !ao M. ft.e k, Harlon M. O Transmitted herewith is our report for Lexington Avenue Booster Station and Trunk Water Main, Project No. 395 from Wescott Road to Diffley Road. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, Mark A. Hanson MAH:li ANDERLIK 6 ASSOCIATES, INC. 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 Minne ta. —7 Mark A. Hanson Date: Z - Approved by _'.(—E.tee.) ' r'-��Cr' homas A. Colbert, P.E. Director of Public Works Date: - .�y 9454b 41 Reg. No. Z�od 9 0 cate it is in service nearly twice as much as it should be when compared to other wells. DISCUSSION: An analysis was done on the computer to determine the increase amount of water supplied to the high level pressure zone if the booster station and trunk water main proposed herein were constructed. Also included was a sepa- rate analysis to determine the flow increase if the trunk water main along Lexington Avenue from Duckwood Drive to Wescott Road were constructed. Two computer models were setup; one assuming a maximum day demand and the other assuming a night time_ demand with the storage reservoirs filling. The net effect of the first analysis showed that although the water supply along Pilot Knob Road decreased approximately 20%, the net increase in flow to the high- level pressure zone is nearly double the present flow rate or approximately 1,000 gallons per minute more. The second run which included the trunk water main from Duckwood Drive to Wescott Road showed a net increase of three to four times the present flow rate or approximately. 2,500 to 3,000 gallons per minute more. The main reason for the significant flow increase is due to a direct link to the main. trunk feeder located on Yankee Doodle Road which is supplied with water from both from the Yankee Doodle reservoir (5.0 million gallons) and the wells located at the water treatment plant site. It should also be noted, that the existing 12 inch trunk water main along Wescott Road is the only supply line for trunk water main proposed herein and that the flow rate through a 12 inch main can be nearly one-third that of an 18 inch main dependent upon the flow characteristics. As a result, it is recommended the trunk water main from Wescott Road to Diffley Road be constructed at this time and the trunk water main along Lexington Avenue from Duckwood Drive to Wescott Road be constructed by 1986. Page 2. 9454b 44 0 Trunk water main proposed herein, therefore, includes an 18 inch diameter trunk main from Wescott Road to Northview Park Road. A 20 inch diameter trunk main 1's included from Northview Park Road to Diffley Road. It is proposed the trunk water main from Wescott Road to Diffley Road be constructed along the west side of Lexington Avenue. Water stubs will be provided at the various street locations in conjunction with the required amount of valves and hy- drants.' Also included are water service lines to the existing homes along the trunk water main route. The proposed booster station will be located on the newly acquired reser- voir site located on the west side of Lexington Avenue and south of Diffley Road. The booster station will ultimately include 3 pumps capable of pumping 2,000 gallons per minute (gpm) each. However, it is recommended at this time that only two pumps be constructed, one being 1,000 gpm and the other being 2,000 gpm. Also included is a pressure reducing valve which will be housed in the booster station. .The building structure for housing the pumps and pres- sure reducing station is estimated at 1,000 sq.ft. AREA TO BE INCLUDED ASSESSMENT AREA NE 1/4 SECTION 22 011-01 (Proposed Westbury Addition) 012-01 010-02 SE 1/4 SECTION 22 011-75 013-75 014-75 020-75 012-76 9454b NW 1/4 SECTION 23 013-25 (Proposed Lexington Square) 014-25 (Proposed Lexington Square) 015-25 (Proposed Lexington Square) 016-25 010-27 (Proposed Lexington Square) 010-28 SW 1/4 SECTION 23 010-50 020-50 010-51 015-54 016-54 Page 3. 47 COST ESTIMATES: Detailed cost estimates are presented at the back of this re- port in Appendix A.. A summary of these costs are as follows: A.) Trunk Water Main $409,980 B.) Services 6,740 C.) Booster Station 333,380 TOTAL ........... $750,100 The total estimated project cost is $750,100 which includes contingencies and all related overhead. Overhead costs are estimated at 27% and include legal, engineering, administrative bcnd interest. ASSESSMENTS: Assessments are proposed to be levied against the benefited property. A preliminary assessment roll is included at the back of this re- port in Appendix B. It is proposed to assess trunk area water main in accordance with the Special Assessment Policy Guide which states all parcels within one-quarter mile on either side of the trunk water main construction shall be assessed un- less they have been previously assessed. It is also proposed to assess later- al benefit from trunk water main to those parcels which benefit through a po- tential direct connection to the trunk water main. Included at the back of this report is an assessment drawing which outlines the assessment limits for trunk area and lateral benefit from trunk water main. Water service lines will be assessed to the benefited parcel it serves. Assessment rates in effect at the time of this report are as follows: TRUNK AREA WATER MAIN Agriculture or Residential LATERAL BENEFIT FROM TRUNK WATER MAIN Single Family Multi -Family, Comm./Ind. Page 4. 9454b 4S $1,120/acre $21.68/centerline ft. or $10.84/front ft. $35.74/centerline ft. REVENUE SOURCES: Revenue sources to cover the cost of this project are as follows: Project WATER MAIN Revenue Balance Trunk Water Main $409,980 Services 6,740 Booster Station 333,380 Trunk Area $144,866 Lateral Benefit from Trunk 76,333 Service Assessment 6,740 TOTAL ........................ $750,100 $227,939 -$522,161 The total estimated project balance is -$522,161 which will be the re- sponsibility of the trunk water main fund. PROJECT SCHEDULE CONTRACT I CONTRACT II Present Feasibility Report March 6, 1984 Public Hearing April 3, 1984 Approve Plans and Specifications May 1984 May 1984 Open Bids June/July 1984 June/July 1984 Award Contract July 1984 July 1984 Construction Completion November 1984 Spring 1985 Assessment Hearing Summer 1985 N/A First Payment Due with Real Estate Taxes May 1986 N/A Page 5. 9454b q 1 0 APPENDIX A COST ESTIMATE LEXINGTON AVENUE BOOSTER STATION 6 TRUNK WATER MAIN (WESCOTT ROAD TO DIFFLEY ROAD) PROJECT NO. 395 A) TRUNK WATER MAIN 3,400 Lin.ft. 20" DIP water main in pl. @ $38.00/lin.ft. $129,200 2,160 Lin.ft. 18" DIP water main in pl. @ $34.00/lin.ft. .73,440 20 Lin.ft. 16" DIP water main in pl. @ $30.00/lin.ft. 600 40 Lin.ft. 12" DIP water main in pl. @ $22.00/lin.ft. 880 290 Lin.ft. 6" DIP water main in pl. @ $14.00/lin.ft. 4,060 100 Lin.ft. Jack or auger 20" DIP w/steel casing @ $130.00/l.f. 13,000 60 Lin.ft. Jack or auger 16" DIP w/steel casing @ $120.00/l.f. 7,200 60 Lin.ft. Jack or auger 12" DIP w/steel casing @ $110.00/l.f. 6,600 5 Each Hydrant in place @ $1,000.00/each 5,000 4 Each 20" Butterfly valve and box @ $2,200.00/each 8,800 2 Each 18" Butterfly valve and box @ $1,800.00/each 3,600 1 Each 16" Butterfly valve and box @ $1,500.00/each 1,500 1 Each 12" Butterfly valve and box @ $900.00/each 900 5 Each 6" Resilient wedge gate valves b box @ $350.00/each 1,750 18,000 Lbs. Fittings in pl. @ $1.30/lb. 23,400 1 Each Connect 18" DIP to existing 18" DIP @ $800.00/each 800 1 Each Connect 20" DIP to existing 20" DIP @ $800.00/each 800 100 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd. 1,000 7.0 Acres Seed w/mulch and fertilizer @ $2,000.00/Ac. 14,000 500 Ton Class 2 shouldering material @ $10.00/ton 5,000 5,910 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. 5,910 Total $307,440 +5X Contingencies 15,380 $322,820 +27% Legal, Engrng., Admin. 6 Bond Interest 87,160 9454b A.) TOTAL TRUNK WATER MAIN ........................ $409,980 Page 6. 9YA B.) SERVICES 100 Lin.ft. 1" water service @ $15.00/lin.ft. 150 Lin.ft. Jack or auger 1" water service @ $20.00/lin.ft. 5 Each 1" Corporation stop in pl. @ $24.00/each 5 Each 1" curb stop 6 box in pl. @ $64.00/each 100 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. Total +5% Contingencies +27% Legal, Engrng., Admin. 6 Bond Interest B.) TOTAL SERVICES ................................ C.) BOOSTER STATION Lump Sum Booster Station w/pump and pressure reducing valves +5% Contingencies +27% Legal, Engrng., Admin. 6 Bond Interest B.) TOTAL BOOSTER STATION ......................... SUMMARY A. TRUNK WATER MAIN $409,980 B. SERVICES 6,740, C. BOOSTER STATION 333,380 TOTAL $750,100 Page. 7. 9454b Sl $ 1,500 3,000 120 320 100 $ 5,040 260 $ 5,300 1.440 $ 6,740 $250,000 12.500 $262,500 70.880 $333,380 r� 0 APPENDIX B PRELIMINARY ASSESSMENT ROLL LEXINGTON AVENUE BOOSTER STATION b TRUNK WATER MAIN (WESCOTT ROAD TO DIFFLEY ROAD) PROJECT NO. 395 A. TRUNK AREA Parcel Total Ac. -- Assessable Assessment Total Description Area Credit 6.65 Area Rate Assessment NE 1/4 SECTION 22 Ac. 1,120/Ac. 5,958 014-75 1.9 Ac. 011-01 18.61 Ac. Future R/W (20%) 14.89 Ac. $1,120/Ac. $16,677 012-01 4.66 Ac. Future R/W (20%) 3.73 Ac. $1,120/Ac. $ 4,178 010-02 3.89 Ac. Future R/W (20%) 3.11 Ac. 1,120/Ac. 3,483 Ac. 1,120/Ac. TOTAL .............................. TOTAL $24,338 SE 1/4 SECTION 22 011-75 2.85 Ac. -- 2.85 Ac. $1,120/Ac. $ 3,192 013-75 6.65 Ac. Future R/W (20%) 5.32 Ac. 1,120/Ac. 5,958 014-75 1.9 Ac. --- 1.9 Ac. 1,120/Ac. 2,128 020-75 2.85 Ac. --- 2.85 Ac. 1,120/Ac. 3,192 012-76 4.80 Ac. Future R/W (20%) 3.84 Ac. 1,120/Ac. 4,305 TOTAL .............................. $18,775 NW 1/4 SECTION 23 013-25 7.72 Ac. Future R/W (20%) 6.18 Ac. $1,120/Ac. $ 6,922 014-25 5.50 Ac. Future R/W (20%) 4.40 Ac. 1,120/Ac. 4,928 015-25 21.60 Ac. Future R/W (20%) 17.28 Ac. 1,120/Ac. 19,354 016-25 3.35 Ac. Future R/W (20%) 2.68 Ac. 1,120/Ac. 3,002 010-27 33.71 Ac. Future R/W (20%) 26.97 Ac. 1,120/Ac. 30,206 010-28 3.24 Ac. Future R/W (20%) 2.59 Ac. 1,120/Ac. 2,901 TOTAL.............................. $67,313 SW 1/4 SECTION 23 010-50 0.84 Ac. -- 0.84 Ac. $1,120/Ac. $ 941 020-50 0.84 Ac. -- 0.84 Ac. 1,120/Ac. 941 010-51 36.34 Ac. Future R/W (20%) 29.07 Ac. 1,120/Ac. 32,558 TOTAL .............................. $34,440 TOTAL TRUNK AREA ............................... $144,866 Page 8. 9454b S� u 0 0 B. LATERAL BENEFIT FROM TRUNK SE 1/4 SECTION 22 011-75 Assessable $10.84 Total Parcel Description Footage Rate/F.F. Assessment NE 1/4 SECTION 22 132 10.84 1,431 020-75 198 10.84 2,146 011-01 819.5(1) $10.84 $ 8,883 012-01 465 10.84 5,041 010-02 462 10.84 5,008 TOTAL ............................ $18,932 SE 1/4 SECTION 22 011-75 198 $10.84 $ 2,146 013-75 426 10.84 4,618 014-75 132 10.84 1,431 020-75 198 10.84 2,146 012-76 268.3 10.84 2.908 TOTAL .............................. $13,249 NW 1/4 SECTION 23 013-25 223 (1) $10.84 $ 2,417 015-25 216.75(1) 10.84 2,350 016-25 328.5(2) 10.84 3,561 010-27 483 (1) 10.84 5,236 010-28 290 10.84 3.144 TOTAL .............................. $16,708 SE 1/4 SECTION 23 010-50 208.71 $10.84 $ 2,262 020-50 208.71 10.84 2,262 010-51 452.59(1) 10.84 4,906 015-54 1,314(1) 10.84 14,244 016-54 347.74(2) 10.84 3,770 TOTAL .............................. $27,444 TOTAL LATERAL BENEFIT FROM TRUNK ... $76,333 (1) Assessable footage equals total front footage divided by two. (2) Corner lot credit of 75' was applied. 9454b Page 9. S3 9454b Page. 10. CE" - C. SERVICES Total Parcel Description Unit Rate/Unit Assessment NE 1/4 SECTION 22 010-02 1 $1,348 $ 1,348 SE 1/4 SECTION 22 011-75 1 1,348 1,348 NW 1/4 SECTION 23 010-28 1 1,348 1,348 SW 1/4 SECTION 23 010-50 1 1,348 1,348 020-50 1 1,348 1,348 TOTAL ............ 5 $ 6,740 9454b Page. 10. CE" - 0 PROJECT 395 PRELIMINARY ASSESSMENT ROLL SUMMARY Parcel Trunk Description Area NE 1/4 SECTION 22 011-01 $ 16,677 012-01 4,178 010-02 3,483 SE 1/4 SECTION 22 011-75 $ 3,192 013-75 5,958 014-75 2,128 020-75 3,192 012-76 4,305 NW 1/4 SECTION 23 013-25 $ 6,922 014-25 4,928 015-25 19,354 016-25 3,002 010-27 30,206 010-28 2,901 SW 1/4 SECTION 23 010-50 $ 941 020-50 941 010-51 32,558 015-54 --- 016-54 TOTAL .......... $144,866 Lateral Bene- fit from Trunk Services $ 8,883 5,041 5,008 2,146 4,618 1,431 2,146 2,908 $ 2,417 2,350 3,561 5,236 3,144 2,262 2,262 4,906 14,244 3,770 $76,333 Page 11. 9454b r 6 S $ 1,348 $ 1,348 $ 1,348 $ 1,348 1,348 $ 6,740 Total Assessment $ 25,560 9,219 9,839 $ 6,686 10,576 3,559 5,338 7,213 $ 9,339 4,928 21,704 6,563 35,442 7,393 $ 4,551 4,551 37,464 14,244 3.770 $227,939 w•wl.• •m•P n� a IF� Nillll frY MAt P.w O ---- IJTRAL anwff not TIOa{ W ATU UMI 4b h• hat tat ® V2Vn ASA WATn MM 4r ti AM • P '""" ...._'- .�.•� � �'�-w tAOAH. tfN1/�O�A •n••w ••uuu wsrun•n•• __ _ _ _ _ __ •a non •mum YrI 19 YIY r.10 I .Yup ,•'•• L, • I Od Ol.. I.Y.L I .. d ' Y-.{0 Y-'• Y rtl Y 00 14.0 'Y Y-.. K.pp Od I T b 1YIA M40NI 77 I tf�N7AY N 'JNIY77 1 -a ..m u ;�.O4at•�:d i ' • �t. � l { I1 tft►A•A iilntrnM 7"amm o d ui-ys.D.�d 1 Y� p YrI 19 0 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Fifteen ect 348, Coachman/Four Oaks Road C. Project 348, Coachman/Four Oaks Road (Streets) -- On January 17, the Council authorized the preparation of a feasibility report for the upgrading of Coachman Road from Yankee Doodle to Four Oaks Road and for Four Oaks Road from Coachman Road to T.H. 13. This feasibility report was presented to the Council on March 6 with the public hearing being scheduled for April 3. Enclosed on pages C_I_ through_ is a copy of the feasibility report for the Council's reference during the public hearing. All notices associated with this project have been placed in the legal newspaper and sent to all property owners who would be affected by this project. As of this date, the staff has received several questions but no objections to this proposed improvement. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 348 for the upgrading of streets on Coachman and Four Oaks Road and, if approved, authorize the preparation of detailed plans and specifications. S? • 0 OF 3830 PILOT KNOB ROAD. P.O. BOX 21199 BEA BLOM9UST EAGAN. MINNESOTA 55121 mm PHONE: (612) 45d-8500 THOMAS EGAN JAMES A SWIM JEIiry THOMAS IHEODORE WACHTEP Cw d rear % THOMAS HEDGES PRELIMINARY REPORT ECdv NEVANVE EUGENE w c OVET78EKE GN Cb.v PROJECT 348 COACHMAN /FOUR OAKS ROA STREETIMPROVEMENTS hereb;• cerii(v tti0i this plc -n. a7c�iiicv9on, Or re C•Grl VIFS ^!°.:..:.F^_C1 v', Ria C., unrC .r TP.Y R^aiete:cd ('.-: is � ... '� I -'. _ .9.: L'•C:f�: iay laeis M t.l�:�:. c/jL�^cco Date 3 6 RegiY scion No. 54973 R• THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY REPORT UPGRADING OF COACHMAN AND FOUR OAKS ROAD SCOPE: Project 348 provides for the upgrading of Coachman Road from Yankee Doodle Road (County Road 28) to Four Oaks Road and Four Oaks Road from Coachman Road to T.H. 13 to City -designed standards for 9 -ton collector streets. This report determines the feasibility of this project by studying existing conditions, proposed improvements, estimated costs, and methods of financing. RECOMMENDATIONS: In conclusion, the upgrading of Coachman Road and Four Oaks Road to a neighborhood collector status has been determined to be feasible from an engineering standpoint and is also in conformance with the City's Diaster Thoroughfare Plan as developed in the 1980 Comprehensive Plan. EXISTING CONDITIONS: Coachman and Four Oaks Road presently consist of :.i 'i -ton capacity rural road section. This section consists of a 2" thick bituminous pavement 24' wide over a 13" thick aggregate base consisting of 4" of Class 6 aggregate base 40' wide and 9" of Class 3 aggregate sub -base 46' wide. This existing section is depicted in Figure IA.. The drainage for these streets is accomplished via rural ditches to inplace storm sewer catch basins. Consequently, much erosion is experienced every spring and after heavy rains along the north and south road ditches of Four Oaks Road. As a result, time, material and equipment are required by City maintenance crews to restore and repair these ditches. Typically, repair of the shoulders and ditches require 16 manhours and 5 truckloads of gravel per repair costing the City approximately $400 per occur- rence (4-6 times/year). This does not include periodic cleaning of the storm sewer system and downstream deltas that subsequently occur. Grading and gravel base for these streets were accomplished under Project 39 in 1969. The bituminous surfacing was installed under Project 81 during 1971 and 1972. Utilities have been installed within Coachman and Four Oaks Road under Projects 61 and 371 for trunk water main and Project 70 for lateral water, sanitary sewer and storm sewer. Also, the north half of Four Oaks Road adjacent to the Coachman Land Company 1st Addition was widened to 22 feet with concrete curb and gutter under Project 323. Since the time Coachman Road and Four Oaks Road were initially i constructed, much development has occurred. This development has taken place west of Coachman Road and to the north and south of Four Oaks Road in the form of high density, multi -family residences. Currently, 1008 of 3,283 feet of frontage adjacent to the west side of Coachman Road is either developed or preliminary platted along with 818 of the east frontage. Similarly, 638 of the south 1,300 feet and 1008 of the north 1,300 feet of Four Oaks Road is presently either developed or preliminary platted. Page 1 61. 0 _ic-- 6" CROWN L 9" CL.3 GRAVEL SUBBASE FIGURE I -A (Existing) 40' ROW I, 22' 2331 BASE COURSE 20 BIT. TRAILWAY WITH 4" AGG. BASE FIGURE 1-13 ( Proposed) 8618 C 9 G 11i=' 2341 WEAR COURSE EXISTING 2" BIT. MAT 'EXISTING 13" AGG. BASE. TYPICAL SECTIONS COACHMAN a FOUR OAKS ROADS Project 348 Consequently, the traffic volumes on these streets have been greatly increased from these developments. For instance, the 1981 average daily traffic (ADT) volume for Four Oaks Road was 130 vehicles per day while the 1983 traffic counts revealed it to be 490 vehicles per day, or almost a 2808 increase. Meanwhile, the ADT for Coachman Road was recently determined to be 580 vehicles per day. Although no previous data exists as to traffic volumes for Coachman Road to compare with, this number does not yet reflect the impact of the Coachman Highlands Addition. This is estimated to generate at least 350 vehicles per day upon development of their first phase which is already in progress. Therefore, the need for the upgrading of Coachman Road and Four Oaks Road to a 44- foot wide community collector street is present due to the increased development of the higher density housing adjacent to both Coachman Road and Four Oaks Road. PROPOSED IMPROVEMENT: This project proposes to improve Coachman Road and Four Oaks Road by upgrading each to its ultimate 9 -ton neighborhood collector street cross section as depicted in Figure 1B. It is proposed to accomplish this most economically by utilizing the existing street section. This can be accomplished by installing B618 curb and gutter 22 feet from centerline on each side of the street and filling the area between the edge of the existing pavementand the new gutter section with 2" of bituminous. Then, the entire width of the street between the gutters would be overlayed with an additional 1 1/2" of bituminous surfacing material. This project will complete the staged construction of these streets begun in 1969. Accompanying this construction will be the necessary manhole, gate valve, hydrant, and catch basin adjustments. Installation of all utili- ties has been completed as previously mentioned. In addition, grading necessary to fill in the ditches and the restoration of boulevards will also be required. Preliminary estimates indicate there will be a shortage of fill material available within the right-of-way. However, it is anticipated that enough fill mate- rial can be obtained from adjacent areas. This upgrading of Coachman and Four Oaks Road to a neighborhood collector status will require a bituminous pathway to be constructed along the west side of Coachman Road and the north side of Four Oaks Road. This bituminous pathway shall be 8' wide and be constructed along the entire west side of Coachman Road from Yankee Doodle Road to Four Oaks Road and along the north side of Four Oaks Road from the Coachman Road intersection to T.H. 13. The estimated costs of improving Coachman Road and Four Oaks Road by adding curb and gutter, bituminous widening, trailway and overlay to a neighborhood collector street status is $275,827. A detailed breakdown of these costs is attached as Table A at the end of this report. These costs include 27% for estimated legal, engineering, administrative and financing over- head. EASEMENT ACOUISITION No easements are anticipated to be required for construction of this project. Page 2 0 0 FINANCING: Four Oaks Road is presently designated as a Municipal State Aid (MSA) street and subsequently eligible for MSA funding. Similarly, Coachman Road has recently been designated asa PISA street eligible for MSA funding. with the exception of the bituminous pathway, all construction costs are eligible for PASA funding. In the case of the bituminous pathway, only 6 feet of the 8 feet are MSA eligible, or approximately $5,300 (25%) of the pathway costs would not be PISA eligible. Other funding, for this project will be derived from special assessments to benefiting property under :;.5. 429. In accordance with the City's special assessment policy, it is proposed to assess benefited property on both sides of Coachman Road and Four Oaks Road on a front foot oasis oased on the commercial or multi- family rate. For this project, both rates are the same and will consist of all costs required to construct the street and trailway, as previously described, divided.by the assessable footage. However, as mentioned previously, the Coachman Land Company 1st Addition has installed their half of Four Oaks Road with the exception of the final bituminous surface. Subsequently, the Coachman Land Company 1st Addition benefited front footage will be assessed only for the bituminous surfacing. doth Coachman and Four Oaks Roads have been assessed for the first stage of their construction which occurred under Projects 39 and 81. The estimated assessment rates used for purposes of this report are as follows: Commercial/Piulti-Family........ $31.60/F.F. Overlay Only .....................7.00/F.F. Attached at the end of this report is a preliminary assessment roll listing each benefited property and its proposed assessment. The following summarizes the project costs and anticipated revenue for this proposed project. STREETS Lateral Frontage Assmts. MSA Funding* TOTAL PROJECT COSTS $275,827 n REVENUE $275,827 245,890 BALANCE +$245,890 *MSA determined by adding 13% engineering overhead costs to eligible costs. Assessment rates presented herein will be revised based upon the final project costs. As per City policies, the assessments will be spread over 10 years at an interest rate dependent upon the most recent bond financing. Page 3 / PROJECT SCHEDULE Present Feasibility Report ;March 6, 1984 i Public Hearing April 3, 1984 Approve Plans and Specifications May/June 1984 Open Bids June/July 1984 Award Contract July 1984 Construction Completion Fall 1984 Assessment Hearing Spring/Summer 1985 First Payment Due with Real May, 1986 Estate Taxes ITEM PRELIMINARY COST ESTIMATE PROJECT 348 QTY. Common Borrow 6,000 CY Common Excay.-Trail 1,500 CY Subgrade Prep ' 9,110 SY Agg. Base, C1.5 for Trail 960 TN B618 CSG 9,200 LF 2331 Bitu. Binder Bitu. Mat'l. 2341 Bitu. Wear Bitu. Mat'l. Wear Course for Trailway Bitu.Aat'l. for Tack Coat Adjust MH Adjust CB Adjust GV Adjust HYD Seed w/Topsoil Sod w/Topsoil 1,065 TN 50 TN 2,050 TN 130 TN 430 TN 1,140 GAL 11 EA 12 EA 6 £A 7 EA 6.6 AC 4,000 SY UNIT PRICE S 3.50/CY 2.00/CY 0.60/SY 10.00/TN 6.00/LF 13.00/TN 210.00/TN 12.00/TN 210 . 00/T1: 20.00/TN 1.50/GAL 150.00/EA 150.00/EA 100.00/EA 300.00/EA 2,000.00/AC 2.00/SY 32 1/2% Overhead' 'Estimated Overhead = 27% LEAF + 5.5% Contingencies 66. AMOUNT $ 21,000 3,000 5,466 9,600 55,200 13,845 10,500 24,600 27,300 8,600 1,710 1,650 1,800 600 2,100 13,200 8,000 $208,171 67,656 $275,827 PRELIMINARY ASSESSMENT ROLL COACHMAN ROAD & FOUR OAKS ROAD STREET RESURFACE AND CURB & GUTTER PROJECT 4348 FRONT TOT.STREET PARCEL FTG. RATE ASSESSMENT SW 1/4 SECTION 9 COACHMAN HIGHLANDS Lot 1, Blk.l, Erutger Co.,Inc. 668* $31.60/FF $ 21,109 Fox Ridge Addition Lot 1, Blk.l, Musky Co. 371 31.60/FF 11,724 Lot 2, Blk.l, Rothschild Inc. 4 31.60/FF 126 Lot 1, Blk.2, Iclecatsky Bros. 370 31.60/FF 11,692 Lot 2, 31k.2, Rothschild Inc. 522 31.60/FF 16,495 Lot 3, Blk.2, Rothschild Inc. 185 31.60/FF 5,846 Lot 4, 91k.2, Rothschild Inc. 655* 31.60/FF 20,698 010-52, Peter Kontinakis 260 31.60/FF 8,216 COACHMAN OAKS PARE: 012-51, 014-51 & 016-51 City of Eagan 655 31.60/FF 20,698 015-51, Rosewood Corp. 1316 31.60/FF 41,586 NW 1/4 SECTIOt: 9 COACHMAN OAKS CONDONIMIUMS Condominium #45, Coachman Oaks Co. 1471* 31.60/FF 46,484 021-31 Michael & Jane Swenson 471 31.60/FF 14,884 NW 1/4 SECTION 9 012-31, Rosewood Corp. 697 31.60/FF 20,025 013-31, Rosewood Corp. 1034* 31.60/FF 32,674 COACHMAN LAND CO. 1ST ADDITION Lot 1, Blk.l, Four Oaks Court Assn. 220 7.00/FF 1,540 275,797 *Includes 75' Corner Lot Credit 67 -_,. A- 012-31 I OF L_- �. 013-31 021-31 i CONDOMINIUMS/ 75'1CORNER LOl CREDIT OACHMAN HIGHLANDS 75' SCORNER LOTi CREDIT Z 0 ~ 4 0 r -<- -2, BENEFITTED FRONTAGE; Lw -- � 2 city of eagan PUBLIC ED WORKS nF oA 0TKAr OVERLAY RATE COACHMAN LAND CO. IST ADDITION PART OF OI3-31 I 015-51 I I i I :OACHMAN OAKS PARK 012-51 014-51 016-51 -�o10- 52 F _ I II j 1 J — —I Project 348 Assessment Map 6$ approved:standard I plate #: 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Sixteen 0 SPERRY/TIMBERLINE NOISE ISSUE A. Timberline Civic Association Request To Review Level of Noise Emission At Sperry Semi -Conductor Plant -- Neighbors located within the Timberline Addition have experienced excessive noise that has been generated from the Sperry semi -conductor facility. Concern about the level of the noise was an issue between the residents and Sperry personnel during early 1983 and due to no acceptable resolution by representatives of Sperry to relieve the excessive noise, the neighborhood presented the problem to the City staff last summer. The problem was evaluated by City staff and representatives of MPGA. The noise monitoring reports that were reviewed by MPCA were found to be acceptable and, therefore, no action was to be taken by the City staff regarding the enforcement of any ordinances. The neighborhood continued to experience a nuisance and appealed their problem to the City Council and was heard on October 4, 1983. As a result of a presentation by representatives from the neighborhood and discussion by the City Council, a motion was adopted as follows: "that the staff do further investigation of the noise and light issue, make contact with Sperry personnel and the residential owners concerning the implementation of temporary measures for the alleviation of the noise and light problems with long-range plans for the problems to be resolved; further, that there is a problem that requires immediate steps to be corrected, and further, that the City Council be on record stating that there is a violation of the R&D zoning category and that the excessive noise and light problems do not comply with the strict requirements of the R&D zoning. The City Administrator coordinated several meetings between spokespersons for the Timber- line Addition and representatives of Sperry in an effort to resolve the problem upon City Council direction and the action that was taken at the October 4 City Council meeting. Sperry originally planned to install attenuators and diverters on all the stacks at the plant; however, upon their own investigation altered their corrective measures to include one attenuator and five diverters on the stacks. Sperry noted that approximately 19 weeks should be allowed for delivery and installation of the equipment. The time for installation was estimated to be mid to late winter. The residents continue to experience problems and before the proposed corrective equipment be installed, asked that they be heard at a regular City Council meeting. The item was placed on the February 7, 1984, City Council agenda at which time spokespersons for the Timberline Civic Association appeared and stated that they had hired a sound expert and the noise levels at the Sperry semi -conductor plant as generated from the stacks were not acceptable under criteria developed for a residential neighborhood. The neighbors appealed to the City Council to resolve the noise problem through enforcement of the ordinance. Representatives of Sperry appeared at that meeting 2 0 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Seventeen and assured the neighborhood and City Council that the equipment would be installed during the month of March and they were hopeful that corrective measures were designed so that the problem would be reduced to an acceptable noise standard by the Timberline Association. The City Council assured the neighborhood that they were attempting to enforce the ordinance, however, due to their action in October of 1983, it was necessary to allow Sperry the opportunity to install the equipment and measure the success of the proposed corrective devices before any further consideration or additional action was to be considered. After discussion by the audience and City Council, a motion was adopted to continue the matter until the first meeting in April and further that the City Attorney provide a legal opinion as to the potential remedies at that time if the noise emission is not corrected to become acceptable within approved noise standards. At that same City Council meeting, the City Administrator was directed to initiate noise testing and the purchase of noise testing equipment if necessary and establish some benchmarks for noise testing before and after the equipment is installed at the Sperry semi -conductor facility plant. The City Administrator has contacted MPGA, who is the State regulatory body regarding the measurement and monitoring of noise emission standards. That department agreed to monitor at two different location the noise emission levels before and after the installation of proposed corrective equipment at the Sperry semi -conductor - plant. Mr. Dave Kelso from the Minnesota pollution control agency has conducted those tests and a copy of the results are enclosed on pages, through 8( 0 . Mr. Kelso will be present at the City Council meeting to explain the results and answer any questions that the City Council or audience might have regarding the testing. Recent correspondence by representatives of the Timberline Homeowners Association is also enclosed on pages through for your information. There have been recent comp aints made to our Police Department by residents of the Timberline neighborhood and copies of those police reports are enclosed without any page number. In summary, the action to be considered by the City Council is to determine whether the findings presented by the Minnesota Pollution Control Agency satisfy noise standards as determined for an R & D/Residential neighborhood. There is a great deal of information that has been distributed during the past several months to the City Council, and if any member of the Council would like copies of letters, reports or any other information that has been distributed in the past, please contact the City Administrator's office. ACTION TO BE CONSIDERED ON THIS ITEM: To substantiate that the findings of MPCA do satisfy noise emission levels and there is no futher violation of the R & D zoning or that noise emission levels do conflict with the R & D zoning and that the City Attorney by asked to review procedures as. they relate to enforcement of the ordinance. -7D Agenda Information April 3, 1984 City Page Eighteen LJ Packet Council Meeting 0 Special Note: The City Attorney has reviewed this agenda item and is including a memorandum which is enclosed on page q 4 4 - 94e. Also, Sperry has performed some additional noise analyses since the equipment was installed and if that information is available, copies will be distributed with the Administrative Packet on Monday for review by the City Council. -7► 0 Minnesota Pollution Control Agency March 20, 1984 Mr. Tom Hedges City Adminstrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Hedges: As you requested, the Minnesota Pollution Control Agency (MPCA) has conducted noise monitoring regarding complaints received from Sperry Univac. Monitoring was completed to assess compliance with Minnesota Noise Standard NPC -21. To date, all monitoring has been conducted prior to the installation of Sperry Univac's noise abatement equipment. My intention is to repeat noise monitoring once all noise abatement equipment Ihas been installed. Minnesota Rule NPC -2 (MR Part 7010.0400-7010.0700) establishes the following dB(A) levels for a residential receiver: Day Night (0700-2200 hrs) (2200-0700 hrs) L10 65 55 L50 60 50 Monitoring was conducted in accordance with procedures established by the MPCA. Those procedures require an hourly measurement from which a statistical level is obtained in the form of an Lor L 0 The L]1 ,is that level (in decibels A -weighted) dceede� 10� of td hourly measurement or six minutes. The same is true for the L50 except the time is 30 minutes. Phone: 296-7372 1935 West County Road B2, Roseville. Minnesota 55113.2785 Regional Offices • Dututh/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer -7 ;� - 0 0 Mr. Tom Hedges March 20, 1984 Page Two As can be seen from NPC -2, the most stringent requirement to be met at a residential receiver is 50 decibels not to be exceeded for more than 30 minutes of an hour at night. With this in mind, monitoring was conducted on February 22, 1984, with the cooperation of Ed Meister (City of Eagan); February 29, 1984, simultaneously with Dr. Richard VanDoeren (Midwest Acoustics and Sperry Univac's consultant) and March 3, 1984, at the request of Mr. Giblin. The following details those monitoring events: February 22, 1984 Location - On the south side of a city owned building (water meter repair shop?) off of Red Cedar Road. The microphone was placed approximately 5 feet off the ground and 35 feet southwest of the building. A clear line of sight was maintained between the microphone and Sperry throughout the monitoring. Time - Monitoring was conducted from 10:00 p.m. to 11:00 p.m. Meteorology - Wind conditions were calm with clear skies turning to partly cloudy. the temperature was 30°F, relative humidity 75% and pressure 29.54 inches of mercury. Instrumentation - One Metrosonics dB602 statistical noise analyzer with --a Bruel & Kjaer 1 inch microphone, one Bruel & Kjaer 2209 sound level meter with a 1 inch microphone and graphic level recorder, and an IVIE portable spectrum analyzer. All equipment was calibrated before and after the monitoring period. Results - Data from the dB602 statistical analyzer shows an L1 of 47 dB(A) and an L of 42 dB(A). both of these levels are Rn compliance with MinnN ota noise rules. However, the noise was evident and low in frequency. It should be noted that State Noise Rules use "A -weighting" for noise measurements which filter out and biases against lower frequencies. Data from the IVIE spectrum analyzer was intended to give a general idea of the frequency breakdown for the noise source. Although data was not continuously collected, periodic whole octave readings indicate the strongest noise components were contained within the 63, 125 and 250 Hz octave bands. Additional 1/3 octave band readings indicate that most of the sound energy was contained within the 160 and 125 Hz 1/3 octave bands. Octave data was collected only to provide a spot check of the frequency distribution and to verify statements made by Mr. Fulton on the frequency distribution be observed. 73 Mr. Tom Hedges March 20, 1984 Page Three Data from the graphic level recorder was intended to provide a permanent record for the monitoring event. Unfortunately, there was a battery malfunction with the recorder midway through the monitoring period which casts a shadow over the data. I did include a copy of the graphic level data in the attachments to show the relative pattern of the noise with the intrusion of aircraft. This data can be used in a general sense but is not qualitative. Conclusions and Comments - Data from February 22, 1984, indicate that Sperry Univac is in compliance with Minnesota Noise Rule NPC -2. The noise is dominated by low frequency which has a bias when the dB(A) scale is used for monitoring. Aircraft noise was evident which leads me to believe that monitoring should be conducted at a later hour. A copy of field data sheets can be found as attachments to this report. Citizens involved in this issue have indicated to me that (in their opinion) Sperry can and does adjust operations resulting in changes in the perceived noise. I have no information at this point in time supporting this conclusion. However, one interesting fact should be mentioned. I requested that the City of Eagan not disclose the logistics of the Agency's monitoring but, I received a phone call from one of the complainants prior to February 22, communicating to me that it was well known in the community when and where I was scheduled to monitor. I must therefore conclude that all parties were aware_of my presence. Upon completion of monitoring, I contacted the complainants for an opinion on the representativeness of the noise on this date. They informed me that on this date the noise was not particularly loud. February 29, 1984 Location - In the back yard of Mr. Giblin, 75 feet north of the berm between Sperry and Mr. Giblin. The microphone again was positioned 5 feet off the ground. A clear line of sight was maintained between the microphone location and Sperry. Mr. Giblin's back yard has a slight incline to it which provides a clear view of the stacks on Sperry's roof. The monitoring conducted on this date was arranged to be concurrent with Sperry's consultant (Dr. Richard VanDoeren) who positioned his microphone on top of the berm and further to the east of my location. I would expect that data comparisons can be made once Dr. VanDoeren's report becomes available. -71 0 0 Mr. Tom Hedges March 20, 1984 Page Four Time - Monitoring was conducted from 10:50 p.m. to 11:50 p.m. and 11:55 P.m. to 12:55 a.m. Meteorology - Wind conditions were calm with clear skies. The temperature was -1°C, relative humidity 57% and pressure 30.07 in Hg. Instrumentation - One Metrosoncis dB602 statistical noise anlayzer with a Bruel & Kjaer 1 inch microphone and an IVIS portable spectrum analyzer. All equipment was calibrated before and after the monitoring events. Results - Data from the dB602 statistical analyzer show an Lo 5 dB A) for the hour 10:50 P.m. to 11:50 p.m. and 42 dB(A) i2r the hour 11:55 P.m. to 12:55 a.m. The L was 42 dB(A) and 40 dB(A) respectively. Again, these levels5gre within those levels established in NPC -2. Similar observations were made on February 29, as were made on February 22, concerning the low frequency component of the noise. Data from the IVIE spectrum analyzer supported earlier monitoring data in that the primary sound energy is concentrated in the lower frequencies. Further discussions on frequency distribution is not necessary at this time. Conclusions and Comments - Data from February 29, 1984, indicate that Sperry Univac is in compliance with Minnesota Noise Rule NPC -2. The noise monitored is concentrated in the lower frequencies. Aircraft noise did not contribute significantly to the overall data. As mentioned earlier, Dr. Richard VanDoeren was conducting a noise survey for Sperry Univac concurrent with my monitoring. Although noise data collected by Dr. VanDoeren was not made available to me, I am confident in that data's integrity. I was able to accompany Dr. VanDoeren, as was a representative of Sperry Univac, throughout the majority of the monitoring event. Comparisons between my data and Dr. VanDoeren's can be made when all data becomes available. Again, to verify the representativeness of the noise on this date, I contacted two of the residents. Comments from those residents were similar to those received after the February 22 monitoring in that the noise was judged to be quieter than on previous days. I did communicate this information to Dr. Richard VanDoeren a few days later. A copy of the field data sheets can be found as attachments to this report. 0 0 Mr. Tom Hedges March 20, 1984 Page Five March 3, 1984 I mentioned earlier that residents had concerns about the representativeness of the noise during scheduled monitoring periods. Because of those concerns I made previous arrangements for one individual from the community to contact me when the noise was considered to be loud or at least representative. Luck would have it that I received a phone call at 12:15 a.m. and I responded. Location - Data was taken at the same location in Mr. Giblin's back yard previously used on February 29, 1984. In addition, I took spot readings along the entire length of the berm. Time - Monitoring was conducted from 1:00 a.m. to 2:30 a.m. Meteorology - Wind conditions were calm with clear skies. The temperature was 18°F. Relative humidity 60% and pressure 30.07 in Hg. Instrumentation - One Wortsila 7078 integrating sound level meter. Cali ration was performed before and after the monitoring period. Results - Because of the short lead time, I was not able to monitor using continuous equipment such as the Metrosonics dB -602. The Wortsila sound level meter is a hand held instrument and is not normally used to provide a statistical distribution of noise. The data is, however, useful in that it provides a reasonable approximation of what the L or L would be if more sophisticated equipment was available. 10 50 A copy of my field data sheet can be found as an attachment to this report. The data shows levels (monitored at my previous location in Mr. Giblin's back yard) ranging from 50 to 53 dB(A). Compared to levels obtained on February 22, (L 0 = 42 dBA) and February 29 (L55o0 = 42 and 40 dBA). March 3 was5 louder. I cannot accurately predict how much louder but my data shows the possibility of a 10 dB(A) increase. If a ten decibel increase is realistic then an average person would perceive a doubling of loudness. Additional monitoring along the top of the berm showed levels ranging from 50 to 56 dB(A) depending on location. Also, a 47 to 49 dB(A) range was recorded at the City owned building (previously monitored on February 22 ,1984). 76 0 Mr. Tom Hedges March 20, 1984 Page Six E Conclusions and Comments - Data from March 3, 1984, are inconclusive for assessing compliance with Minnesota Noise Rule NPC -2. The data does, however, show that levels were higher on March 3 then on other dates but the degree of increase is difficult to predict. Recorded levels show a potential ten decibel increase. A final comment concerning March 3, 1984. As I was arriving to monitor, Dr. VanDoeren was completing a scheduled monitoring survey for Sperry Univac. It will be interesting to compare my data of March 3 with his. I hope I have been able to provide the City .with useful information regarding the noise problem at Sperry Univac. The Agency is looking forward to conducting post monitoring upon installation of noise suppressing equipment. If I can be of further.assistance, please feel free to contact me. Yours truly, Dave Kelso Program Development/Noise Division of Air Quality DK/mpg Attachments -77 A. General Information Noise Source S rrN Uai1 f/C L Location ��N CC�I.��"A°�17) Date 7Yme (s) Start /0'00 p. N4 . Finish // :Oo B. Instrumentation U Meteorology: �P 36'F Wind Sp/Dir Rel. Humidity 9S% Bar. Pressure Z9 S9 aw 6-82 Manufacturer Model Serial # Cal N Cal Before Cal After Comments 06vwj%u, &oa M P,-* +a iq MPck qy qq Q{k Y/6! /omit. s « ,230 hn Pa/FfAAc/F 9y 9y 9 v. l elk Y/1-/ / " /rut . 5 Sq S7 66 '!f inPc - - - 6ra c. l.euo( pawrdee zti�� 3oF� �.Pa� ry1RcR qy qy•a 9'1•� C. Results - Metrosonics (dBA) 1. 2. 3. 4. 5. 6. N®®O®MMOM10. 63 125 250 500 1000 2000 4000 8000 16000 31500 5-6 ��� S9 5-6 • t Q ?S 23. .. — — Sq S7 66 '!f Sl SIS C2 .77 .7S D. Res ts — Uctave SIL 1 2 31.5 63 125 250 500 1000 2000 4000 8000 16000 31500 5-6 Sy S9 5-6 ff v7 ?S 23. 1s — — Sq S7 66 '!f Sl SIS C2 .77 .7S 0, /0: K 0 9 E. Observations pF(rvl00%/I w.l�+ti+e{�ewd nl fkl s4wip e,"bter rcmcfeat 4jvc►PF4 we" plseµ4 cW" 0400. 10:ys' 4 PIIS +%.5 bCOtLOOS "Acre Oe F. Dim S�,�y u,l✓ec �ifP.40111�� IOLP� 1 Investigator: �►� no 56 10CM ----------------- ---- - — — — — Broal 6 Kjmr — ML ov aim ,Qyr„y, ro:o9p lD:oo P.M. --———————————————— rrr------ SO qo 464 la:a9 P.M — — — Broal 3 Kjmr or mm dneA oV appy 1e: 19 Ft• p Ie: 2Q P«. sa qo dm ---------- erot /e:19 P.e+. Gil( aso(o cdl I bra" 99 6[sn- t,kmt Spee) Ba�«s ���1� E' ro:� p�`• 81 - or d "Y�' 10'. 0 pM. • • 6-82 NOISE SURVEY FORM A A. General Infoimation Noise Source SD¢vva %eUjLycL L Location M• Late 1-a4-gy Time(s) Start /. lo.'SO .2. /1 Tr Finish SO B. Instiwnentation 1. 2. 3• 4. Meteorology: Temp —/ 'G Wind Sp/Dir eo &2 Rel. Humidity S7 ib Bar. Pressure 30.0 � Manufacturer Model Perial H Cal b Cal Before Cal After Comments t of mprA j mqon�•1 S3 ot-9 B /C H/br ll�mr� 3Q yl Q 3a s6 .. 13 4v�f s6 30 ¢ MPcR wii�Rdr 4 9'I• / C. Results — Metrosonics (dBA) 1. 2. 3. 4. 5. 6. 00®m®m 63 '125 250 500 1000 2000 MMM.����•L 8000 16000 31500 S3 S4 S` 3Q yl Q 3a s6 .. 13 -- ■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■ D. Results — Octave (H_) 1 K 31. 63 '125 250 500 1000 2000 4000 8000 16000 31500 S3 S4 S` 3Q yl 39 3a s6 23 13 -- E. Observations AIV. n\VY tl&Dcowj 4p" j4A t Lt zt Ac-�,41&3 UV3 GOKdµoFL.� L't1CN l L'O V1 +Lk ivp ab io +44 Eu6Y � Ny �oaai�w. � ye�n'L�aitr�wLJ �ow+ r3Pavey L4+waL Woy a.�Ge �ea�. soow�, p✓ko �� wos nek��. F. Drag... is N10►��or,u5 Luas MOP m A CALew, �t..c cg Agwt U -V5 twFotk0X&w VO4 mj EI�a S}(VGkFj kOc dL'j 5?ZVVI LiuWat . Investigator: D. YA,20 .0 Alk Ah 4CIAM •T2 rv� — �8 r Ops ons — 3a • o �;,, $k - G1oa✓ I' TnS�'Y�cn,en 7a.��on �I .Sor�ncli ie�e.� wte.�a - r.J"o�1S/1a. Tyre i eu-li6ralBv - r3 � la y33o C 4�( dl3 7C - (.a,liq,a.h i i �! Yno-miloray, bcahgnAs lava/ M peot pve-�I&C,�,F- 6-fhlins bark 50-S3 r".t £d PolPQl }ree �Ikr w� %erg+ }B S`1 -Sb Var-ONt let' f"CM b-ev. Ivp) SAerr si4 *".2 fror., bvvw b Sa-S3 5 trr 5 t�c ".3 ( VBw1 be�w i6p) so'S.J Tn ac/)«loll e C An, beva" io r�-s3 lveyt g her- rxe rows bevm 51, r3 �.,a Aer ldibi y7�l p D Middle s�rfe-t rN fre++`..I- ore ,6411k5 • LAW OFFICES • HAUGEN AND AiIHOLAI. P.A. 1936 MIDWEST PLAZA 6ULLDIMG 601 NICOLLET MALL ORP,N M.NAUGEN MINNEAPOLIS. MINNESOTA SS4O2 THOMAS J. NIaOLAI (BR; 339.7-61 �. DOUGLAS L.TSCNiDA JAMES T.NINOLA. March 14, 1984 Ms. Jan M. Cain, Chief Regulator Compliance Section Division of it Quality Minnesota P lution Control Agency 1935 West Co(%ty Road B2 Roseville, MN 113 Dear Ms. Cain: Mr. John Gustin, the President of the Timberline Civic association, provided me with a copy of your letter to him of February 28, 1984. 1 am a resident of the Timberline area and my property borders an that of the Sperry Corporation. 1, too, am concerned over the 'potential for health hazards created by Sperry's new semiconductor factory for many of the reasons set out in the Time Magazine article which Mr. Gustin provided to you. Your letter indicates that the Minnesota Pollution Control Agency staff examined information about the equip -hent for the semiconductor factory and, apparently, based upon the examination of that information, it was concluded that Sperry's operations do not constitute a health hazard. 1 am concerned that, because the information on which you based your conclusions was furnished by Sperry personnel, the information may not be reliable. The same persons responsible for designing the equipment in the factory may not report facts which could make them look had in the eyes of their management and there is a natural tendency to minimize the potential for harm to the health and safety of the neighboring community by only providing self-serving information while withholding that which would be adverse. Furthermore, we in the neighborhood have developed a strong mistrust for the inside facilities engineering personnel at Sperry because of the manner in which misrepresentations and half-truths have been reported to the City of Eagan as it relates to an on-going noise pollution problem we have been faced with for the past nine months. Rather than basing your Agency's opinion as to the safety and efficacy of the air pollution abatement equipment based upon data supplied by Sperry, the neighboring citizens would be more comfortable if trained personnel of the MPCA actually visited the Sperry Plant, examined the equipment and the effluents being discharged into the atmosphere. Then, too, periodic surprise visits by MPCA staff persormei should be made to ensure that the equipment installed by Sperry is properly maintained so as to remain effective on a continuing basis to limit possible harmful 06 -% �1jf .:1 � 1.i �.�• PATENTS TRADE AP.5 COPYRIGFTS 0 Ms. Janet M. Cain, Chief March 14, 1984 Page Two discharges. In this regard, I have been informed that a couple of years ago transformers and other electrical equipment on the roof of Sperry's Plant on Shepard Road had to be replaced because the electrical insulation on that equipment had been eaten away from the corrosive effluents being given off from Sperry's printed circuit manufacturing facilities in that plant. I would stress that I do not have personal, first- hand knowledge of this fact, but it was reported to me by an individual who is in a position m know. 1 hope that your Agency will respond to -this request and that trained personnel will conduct an on-site investigation and a detailed analysis, not only of the equipment being used to control harmful emissions, but the effectiveness of that equipment over extended periods as well. Very truly yours, Thomas J. Nikolai 1504 Red Cedar Road Eagan, MN 55121 TJN/Ijr vofc: Thomas Hedges, City Administrator W. 1•. L, • LAW OFFICES HAUGEN AND NIKOLAI, PA. 1936 MIDWEST PLAZA BUILDING 601 NICOLLET MALL ORRIN M.HAUGEN MINNEAPOLIS. MINNESOTA 66.402 PATENTS THOMAS J. NIKOLAI (612) 339-7A61 TRADE MARKS COPYRIGHTS DOUGLAS L.TsCHIOA JAMES T.NIKOLAI March 19, 1984 Mr. Thomas Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, MN 55121 Re: Sperry Semiconductor. Noise Pollution Problem Dear Tom: Noting the manner in which Eagan City officials have responded to the complaints of the Timerline residents relative to the noise created by Sperry's semiconductor industrial plant, 1 am getting to the point where I feel that further complaining is strictly an exercise in futility. Nonetheless, I wanted you to know just how terribly dissatisfied my neighbors and I have been on the inability of the City to compel any corrective action on the part of Sperry. As you may or may not know, Sperry has now installed the long-awaited diverters on its stacks and I am writing to say that the evening of March 16 and early morning of March 17 was perhaps the worst it has been. I was awakened by the loud throaty roar about 300 a.m. and tossed and turned listening to that din until 5:00 a.m. At that point I left my bedroom and went to sleep on the livingroom couch. It is so damn frustrating. This whole problem started over nine months ago. We attempted to work with the Sperry people. We attempted to work with City representatives. We called in the Minnesota Pollution Control Agency. We have written to top management at Sperry. We have appeared before the City Council and expressed our complaints. We have repeatedly called the police. • We have attempted to have the City's General Nuisance Ordinance enforced against Sperry. The City Attorney refuses to prosecute. Even though I have lived in my home for 18 years and spent considerable sums to improve my home and property, my wife and 1 are now considering moving to get away from this problem. However, how can I possibly command a fair price for my home when potential buyers would be exposed to the excessive noise which grinds on, 24 hours a day. Mr. Thomas Hedges March 19, 1984 Page Two The City of Eagan has already found Sperry not to be in compliance with its R do D Zoning restrictions as far as noise is concerned. That determination was made way last October. With reference to Councilman Egan's statement at the February 7th hearing, just how must rope does the City intend to give to Sperry in this matter? I believe we have another hearing before the City Council coming up on April 3. 1 would hope by that time that the Mayor and City Council members will have gone to the bother of visiting the Timberline area and hearing first-hand the problem which we have been complaining of for so long now. I have provided you with a tape recording of the noise back in late January or early February so that the mayor and council members could get the full flavor of the problem prior to the February 7th hearing. I believe that tape stayed in your desk drawer. Mr. Kelso from the M.P.C.A. has been taking measurements and found, on the one occasion when Sperry was unaware that he would be doing so, that the noise was about twice the intensity permitted by the M.P.C.A. standards. Eagan's Ordinance for R & D Zoning is much more restrictive. I also hope that by April 3, 1984, the City Council will have received some sort of direction from Mr. Hauge, our City Attorney, concerning the manner of enforcement of the existing ordinances, both those relating to land use regulations (zoning) and those pertaining to the maintenance of a public nuisance. Nobody, including yourself, Jay Berthe or Paul Hauge seems to be able to explain the enforcement procedure. If there is no enforcement, there might as well be no ordinance! As I have so often said, if any one of the Timberline residents were to create the level of noise which Sperry is and another neighbor complained, a refusal to cease the noisemaking would be met with police action, prosecution and fines. Why should not Sperry be brought into court and tried for its violations? About the only thing we have not, as yet, done in an attempt to get this situation turned around is to bring in public pressure via newspapers, television, etc. This is because we have been reluctant to advertise the fact that our area has this severe problem because of the adverse impact on property values. However, if this condition is allowed to persist, there will be no hiding it anyway and, as a result, we will have no choice but to take further actions which will reflect the fact that the City of Eagan is .either incapable of or, unwilling to provide even-handed justice to both its homeowners and its corporate residents. MA 0 Mr. Thomas Hedges March 19, 1984 Page Three The. above may come across to you as somewhat of a diatribe. However, it is being written out of frustration and by a person who has been denied still another night's sleep. ery truly yours, Thomas J. ikolai 1504 Red C ar Road Eagan, MN 55121 TJN/Ijr cc: Mayor -Bea Blomquist Councilman Thomas Egan Councilman James Smith Councilman Ted Wactler Councilman Jerry Thomas Mr. Paul Hauge, City Attorney Mr. David Turcott(Sperry) Mr. Jack Nichols (Sperry). Mr. Robert Falstad (Sperry) Mr. G.G. Probst (Sperry) Mr. David Kelso (M.P.C.A.) Mr. John Gustin 9I ORRIN M.H.UGEN TNOMAs J. NIKOLAI DOUGLAS L.TSCMIDA .MMES T.NIKOLAI • LAW OFFICES 0 HAUOEN AND NIBOLAI, PA. lyse MIDWEST PLAZA BUILDING 001 NICOLLET MALL MINNEAPOLIS. MINNESOTA 55402 (SIZ: 339-7A61 March 26, 1984 Mr. John Gustin 3061 Woodlark Lane Eagan, MN 55121 Dear John: PATENTS TRADE MARKS COPTRIGNTS On March 24, 1984, 1 called Mr. Bob Falstad. Sperry's in-house lawyer, in an attempt to determine whether all of the sound abatement equipment had been installed. He informed me that he had been out of town most of last week and did not know the answer. He promised to find out and to call me back. About one-half hour later. 1 received a call from Mr. Falstad and he advised me that at noon on Friday, March 16, 1984, the sound abatement equipment had been irsta!led. That is, both the six diverters and the one attenuator were in place and were running as of noon on the 16th of March. We spent approximately 45 minutes discussing the sination and the following are my recollections of the points raised and discussed during that conversation. First of all, when I referred to the situation as "Sperry's noise problem", Mr. Falstad took issue with that and stated that Sperry has never acknowledged that a problem exists. Such a comment, made nine months after this all began and in light of all that has taken place, upset me and 1 indicated to him that as long as Sperry and its people were going to maintain that mentality, I did not see that the homeowners could expect any solution to come from Sperry. For the most part, Mr. Falstad pled ignorance on most of my inquiries but, like a lawyer, continued to press to determine just what facts we had at hand. He expressed some concern that 1 had a "pipe -line into the plant", and he inquired as to whom my contacts are. I told him that I had already informed Sperry in my correspondence just whom my contact was, ie., an unsuccessful bidder for the sound abatement equipment. Mr. Falstad also seemed to be surprised by the fact that I 'mew the identity of the sound expert which Sperry had hired. 1 indicated that that information came to me from a report which was generated by Mr. Kelso of the Minnesota Pollution Control Agency and submitted to the City of Eagan. 1 did not see that that was a private or privileged fact. 9a J Mr. John Gustin March 26, 1984 Page Two C, We discussed the MPCA report dated March 20, 1984, and its finding that on the one occasion when Sperry was not aware that Mr. Kelso would be performing monitoring functions, the noise levels happened to be twice that which was measured when Sperry was aware that the MPGA was in the area with its monitoring equipment. Mr. Falstad said that he had made many inquiries concerning the Timberline residents' allegations that the sound levels were being manipulated by Sperry and insists that they have not been. Mr. Falstad requested that I cease directing letters to high level management at Sperry and, instead, communicate only through him. 1 declined this request indicating that in the past, on several occasions, my efforts to obtain information through him had been unsuccessful and that on several occasions when I have called him and made inquiries concerning the status of the installation of the sound abatement equipment, he has failed to get back to me with a promised response. 1 also told him that Mr. Michaud was not responding to calls but, instead, was having Mr. Falstad return them. Attempts to obtain stars information and plans for future corrective measures have been met with what can only be characterized as "stonewalling". I also indicated that the noise problem has not been satisfactorily resolved and is still so serious in the minds of the neighboring residents that we should not be expected to pull any punches merely because certain Sperry personnel, having direct responsibility for solving the noise problem, might be embarrassed in having upper level management aware of their failures. Toward the end of our conversation I pointedly asked Mr. Falstad whether the equipment which Sperry has now installed is considered to be the final solution to the noise pollution situation and whether Sperry intends to do anything further to curtail the noise. Mr. Falstad indicated that he could not speak for Sperry but that he would attempt to find out what further, if anything, might be done. I asked him when he felt he could get back to me with an answer. He indicated that he did not know, but that Sperry will have to come up with some answer by April 3, the date for the next scheduled City Council meeting on the subject. In dosing, I indicated that spring was now here and very shortly the homeowners in the Timberline area will be having their windows open. 1 indicated to him that if the sound levels were not brought within the criteria established by the City of Eagan's Zoning Ordinance for R do D zoned property, that a lawsuit was certain to result. Very truly yours, Thomas 1 Nikolai TJN/ljr cc:Giblin m Hedges • LAW OFFICES • '-'�' " HAUGEN AND NIHOLAI. PA. I936 MIDWEST PLAZA BUILDING 601 NICOLLET MALL OQP.N M.NAUGEN MINNEAPOLIS. MINNESOTA 55402 PATENTS THOMAS J. NIKOLAI (612:338-7461 Tq DE AM.5 COPTAIGMTS ODuGLAS L-TSCNIDA JAMES T. NIKOLAI March 26, 1984 Mr. David/Turcotte Sperry Corporation P. 0. Boz 43525 St. Paul, MN 55164 i Re: Sperry Noise Pollution Problem Dear Mr. Turcotte: Please consider this as a formal request for Sperry to provide to me, as a representative of the Timberline neighborhood, a copy.of all test data and test reports. generated by Dr. VanDoren relating to the noise conditions at your Semiconductor Operations. we would like to have this information available.by March 30, 1984 so that we will have an opportunity to review it prior to the April 3 public hearing. I would be happy to stop by and pick it up from you if mailing,time is going to be a problem. Very truly yours, Thomas J. Nikolai TJN/jk / cc: Tom Hedges, City of Eagan ✓ Dave Kelso, MPCA John Gustin I AAIIGE, SuiTH, EIDE & KL•'LLER, P. A. ATTORNEYS AT LAW PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID O. KELLER Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 CEDARVALE PROFESSIONAL BUILDINGS 3808 SIBLEY MEMORIAL HIGHWAY EAGAN. MINNESOTA 79122 March 30, 1984 Re: Sperry Semi Conductor Plant Noise Complaints Dear Mayor and Councilmembers: An" Cope 812 TLLEPmomE 494.4224 Since the Council directed the staff to gather information and prepare a report for the regular Council meeting on April 3 concerning the complaints of neighboring residents -about noise from the Sperry Semi Conductor plant, there has been a significant amount of monitoring of the noise levels by two persons including Dr. Richard VanDoern, an independent noise engineer on behalf of Sperry, and David Kelso of the Minnesota Pollution Control Agency who was requested to do the monitoring by the City of Eagan. The neighboring property owners had also engaged Robert W. Fulton to monitor the noise levels and a report was earlier submitted to the City Council based on his findings. The results of these tests should be compiled by the staff prior to the April 3 meeting and the results available to the City Council at that meeting. In addition, it is our understanding that a noise attenuator was installed on one of the emission stacks and that baffles were installed on six additional noise emitting devices from the Sperry plant nearest to Timberline Addition. Some testing has taken place since the installation of the noise abatement equipment and the results will be compared by the noise consultants. Since the Council last considered the issue, the neighboring Timberline residents have filed official complaints with the Eagan Police Department alleging significant noise problems particularly during nighttime hours. It was our recommendation to the Eagan Police Department and the Council that the City not prosecute any complaints until additional testing takes place and the sound abatement equipment was installed. The reason for this primarily was that the Council members had indicated that they wanted to allow Sperry to attempt to reduce any alleged noise problem and also because of practical evidentiary problems that appeared to exist. In any event, some of the alternatives the City Council would appear to have relating to the noise complaints are as follows: March 30, 1984 Page Two 0 1. No Action. The Council could accept the findings of the noise consultants and determine that there is no significant noise problem if the results according to normal noise testing standards prove that such action is warranted. 2. Ordinance Citation. The City Council could authorize citations to be served upon Sperry alleging violations of certain ordinance provisions and these could include one or more of the following: a. Zoning Violation. The City Council could reaffirm its decision and resolution of October 4, 1983, at which time it determined that Sperry was in violation of Eagan Code Chapter 11.20, Subd. 18, relating to noise emissions from a facility in.a R 6 D zoned parcel adjacent to a residential area. The facts should be reviewed very carefully to determine that there is sufficient evidence. This may warrant prosecution under the specific ordinance resulting, of course, in potential fines against the corporation. b. Ordinance Compliance. Another alternative would be for the City Council to review all aspects of the Sperry Semi Conductor plant facility including compliance with all building permit requirements, conformance with all state requirements relating to noise emissions, compliance with air quality emission standards, and any other issues relating to the grant of building permits and other permits required for the establishment of the semiconductor facility. It is our understanding that Sperry did comply with state and local requirements in these respects. C. Noise Pollution. Violation of Code Section 10.42 concerning non- compliance with PCA noise standards is the basis for an ordinance citation. d. Nuisance Violations. We treated this issue in our letter to Chief Berthe dated February 23, 1984. There should be a showing that Sperry intentionally created, maintained, and permitted a condition which unreasonably damages, injures, or endangers the safety, health, morals, comfort or repose of a considerable number of persons. Two or more complaints have been filed by neighboring residents with the Eagan Police Department. 3. Injunctive Relief. If the City Council determines that there are violations of any of these State or City requirements or ordinances, there may be cause for injunctive relief against Sperry in the event of refusal to comply. Injunc- tive action could include the following: a. An attempt to force compliance with any laws or ordinances with which Sperry has failed to comply including building permit requirements, zoning requirements, etc. b. Require additional noise abatement devices including attenuators, baffles, equipment modifications, etc. MW March 30, 1984 Page Three 11 c. Compliance with Code Section 10.42 , Noise Pollution Regulations, which incorporates the PCA noise standards into the City ordinances. This could, of course, include fairly protracted litigation and also require a high degree of proof. We would recommend against this injunction alternate unless there is fairly clear and convincing evidence to proceed in any area of these directions. 4. The neighboring residential owners may have grounds for commencing their independent civil action against Sperry and have alleged in the past, such potential claims as diminution in value of neighboring residences and whatever other claims may be grounds for such an action. 5. The City Council may, if it finds that the results from the noise moni- toring are inconclusive, request another independent noise consultant to review and make recommendations concerning steps that should be taken by Sperry to reduce the noise or to determine whether other concrete steps could be taken to modify the equipment in addition to further noise testing. It is my understanding that some members of our Building Inspection staff are quite familiar with the noise emission equipment and might have recommendations in this respect. PHH:ras Very truly yours, HAUGE, SMITH, EIDE h KELLER, P.A. Paul . Haug `• \ (/ 94 C. 0 0 HAIIGE, Smim EIDE & FELLER, P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 3808 SIBLEY MEMORIAL HIGHWAY PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 EAGAN. MINNESOTA 55122 March 30, 1984 Re: Sperry Semi Conductor Plant Noise Complaints Dear Mayor and Councilmembers: AR[. Cam 812 T9LCPHGN2 454.622• Since the Council directed the staff to gather information and prepare a report for the regular Council meeting on April 3 concerning the complaints of neighboring residents about noise from the Sperry Semi Conductor plant, there has been a significant amount of monitoring of the noise levels by two persons including Dr. Richard VanDoern, an independent noise engineer on behalf of Sperry, and David Kelso of the Minnesota Pollution Control Agency who was requested to do the monitoring by the City of Eagan. The neighboring property owners had also engaged Robert W. Fulton to monitor the noise levels and a report was earlier submitted to the City Council based on his findings. The results of these tests should be compiled by the staff prior to the April 3 meeting and the results available to the City Council at that meeting. In addition, it is our understanding that a noise attenuator was installed on one of the emission stacks and that baffles were installed on six additional noise emitting devices from the Sperry plant nearest to Timberline Addition. Some testing has taken place since the installation of the noise abatement equipment and the results will be compared by the noise consultants. 1 Since the Council last considered the issue, the neighboring Timberline residents have filed official complaints with the Eagan Police Department alleging significant noise problems particularly during nighttime hours. It was our recommendation to the Eagan Police Department and the Council that the City not prosecute any complaints until additional testing takes place and the sound abatement equipment was installed. The reason for this primarily was that the Council members had indicated that they wanted to allow Sperry to attempt to reduce any alleged noise problem and also because of practical evidentiary problems that appeared to exist. In any event, some of the alternatives the City Council would appear to have relating to the noise complaints are as follows: • I , March 30, 1984 Page Two 0 1. No Action. The Council could accept the findings of the noise consultants and determine that there is no significant noise problem if the results according to normal noise testing standards prove that such action is warranted. 2. Ordinance Citation. The City Council could authorize citations to be served upon Sperry alleging violations of certain ordinance provisions and these could include one or more of the following: a. Zoning Violation. The City Council could reaffirm its decision and resolution of October 4, 1983, at which time it determined that Sperry was in violation of Eagan Code Chapter 11.20, Subd. 18, relating to noise emissions from a facility in a R b D zoned parcel adjacent to a residential area. The facts should be reviewed very carefully to determine that there is sufficient evidence. This may warrant prosecution under the specific ordinance resulting, of course, in potential fines against the corporation. b. Ordinance Compliance. Another alternative would be for the City Council to review all aspects of the Sperry Semi Conductor plant facility including compliance with all building permit requirements, conformance with all state requirements relating to noise emissions, compliance with air quality emission standards, and any other issues relating to the grant of building permits and other permits required for the establishment of the semiconductor facility. It is our understanding that Sperry did comply with state and local requirements in these respects. c. Noise Pollution. Violation of Code Section 10.42 concerning non- compliance with PCA noise standards is the basis for an ordinance citation. d. Nuisance Violations. We treated this issue in our letter to Chief Berthe dated February 23, 1984. There should be a showing that Sperry intentionally created, maintained, and permitted a condition which unreasonably damages, injures, or endangers the safety, health, morals, comfort or repose of a considerable number of persons. Two or more complaints have been filed by neighboring residents with the Eagan Police Department. 3. Injunctive Relief. If the City Council determines that there are violations of any of these State or City requirements or ordinances, there may be cause for injunctive relief against Sperry in the event of refusal to comply. Injunc- tive action could include the following: a. An attempt to force compliance with any laws or ordinances with which Sperry has failed to comply including building permit requirements, zoning requirements, etc. b. Require additional noise abatement devices including attenuators, baffles, equipment modifications, etc. i=1 March 30, 1984 Page Three C. Compliance with Code Section 10.42 , Noise Pollution Regulations, which incorporates the PCA noise standards into the City ordinances. This could, of course, include fairly protracted litigation and also require a high degree of proof. We would recommend against this injunction alternate unless there is fairly clear and.convincing evidence to proceed in any area of these directions. 4. The neighboring residential owners may have grounds for commencing their independent civil action against Sperry and have alleged in the past, such potential claims as diminution in value of neighboring residences and whatever other claims may be grounds for such an action. 5. The City Council may, if it finds that the results from the noise moni- toring are inconclusive, request another independent noise consultant to review and make recommendations concerning steps that should be taken by Sperry to reduce the noise or to determine whether other concrete steps could be taken to modify the equipment in addition to further noise testing. It is my understanding that some members of our Building Inspection staff are quite familiar with the noise emission equipment and might have recommendations in this respect. PHH:ras Very truly yours, HAUCE, SMITH, EIDE & KELLER, P.A. Paul 174 C. 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Nineteen 0 CONDITIONAL USE PERMIT/COMMERCIAL STORAGE FACILITIES B. Perry Keiffer for a. Conditional Use Permit for Commercial Storage Facilties in an Agricultural Zoning District -- A public hearing was held before the Advisory Planning Commission at a regular meeting held on January 24, 1984 to consider an applica- tion submitted by Perry Keiffer requesting a conditional use permit for outside storage. Due to Mr. Keiffer's involvement with the Shrine Circus, it was not possible for him to attend the February 21 City Council meeting. Therefore, upon his request, this item was continued until the April 3 City Council meeting. 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 of which is enclosed on pages q through 10 y For additional information on the action that was taken by ,the APC, refer to a copy of their minutes enclosed on page A2 . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for commercial storage for Perry Keiffer. 95 C CITY OF EAGAF SUBJECT: CONDITIONAL USE PERMIT APPLICANT: PERRY KIEFFER LOCATION: PART OF THE SW's OF THE SA OF NES., 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. RUNKLE, 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 SW< of the NE'a 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: CITY OF EAGAN CONDITIONAL USE PERMIT - PERRY KIEFFER C 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 49Z 57 Survey Por: aK 4l,t45 C Perry Kieffer 3955 Undd goad FAmanr MN 5',111 DELMAR H. SCHWANZ-�� yHp.u,v..an Scale uw•.� arc u.r. w...... Tr.-r41TH ST•EIT w. -SOaw • 1412•21rle. RUAVIYOa'S CERTIFICATE N•Cro. UuE •} OOTM 05.00 iae.� Wyt,s1j114, r 477.00 . N 04057"SV E. i ' 4' A I i v . 8 V% 43 w4 LO --N' 1 % I d I. _ Ur •i « a tiya ti .r / a o• 13 �� S r IT ff W71'�'OPJ'4" qL w VIQ � 7 . Z 40AI J, �4e.21 ,40.09 4T1.00 A 59•57't9' e. .t W Vt,SWV4, NE'�41 Sac. Z4, T. X11 C. 23 I hereby certify that this Is a true and correct representation or a survey of the boundaries of the following described tract of lend: The east 475.00 feet of the south 475.00 feet of the West Half of the SouthweeC Quarter of the Northeast Quarter of Section 24, Township 27, Pange 11, Dakota County, Minnesota. Subject to all easements of record. Alen ehnuing the major buildings as located thereon. -" 19g Aa a.rrv.vaA by m. thla slat Aay of October, SUBJECT PARCEL 06" c C ADEN L TS T • S. A. R. # 63A ui �ftir.I r• D WEST PU 8LISNIN 99 a Ist ADD.Ell o I v SUBJECT PARCEL CUe • W q ~ G8 I I -I ; /z C. S. A. H. s 30 I r — --- AUDITOR'S sUBD. NO. aZ 0 0 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 PER?QT 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. 'tt 6 /ol 6 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Twenty CITY CODE UPDATE/REVISIONS C. City Code Update/Revisions -- As stated in the written and verbal background for the February 21, 1984 City Council meeting, the ordinance codification was originally adopted by the City Council effective January 1, 1983. However, since the approval of that document, changes in City Code language 'have been pro- posed by both City staff and City Council, in addition to correc- tions, changes in State law and other revisions, causing -a need to update the City Code. Municipal Ordinance Codifiers, Inc., were again retained to review the various changes proposed for the ordinance codification, and upon completion of all amendments to the City Code, action was taken by the City Council at the February 21 City Council meeting to approve all changes with the exception of Chapters 11 and 13 as well as several other items that were directed by the City Council to the City Adminis- trator for further review and consideration. There were specifi- cally four items which were addressed by the City Administrator in a memo to the Director of Finance who is responsible as City Clerk for all ordinances and a copy is enclosed on page X03 for your reference. The Director of Finance has coordinated these ordinance changes, all of which have been reviewed by the City Administrator and City Attorney's office. For a copy of the ordinance codification revisions as prepared by the Director of Finance, refer to pages through it % which includes a response to the questions that were raised by the City Council and also a review of the changes for Chapters 11 and 13 which pertain to zoning and subdivisions. The Advisory Planning Com- mission held a public hearing at their last regular meeting and are recommending the changes as outlined in Chapters 11 and 13. If the City Council desires any additional information, please feel free to contact the City Administrator's office. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the final changes to the revisions proposed for the City Code. WL- 0 0 MEMO TO: DIRECTOR OF FINANCE VANOVERBEKE FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 23,1984 SUBJECT: ORDINANCE CODIFICATION REVISIONS In official action that was taken by the City Council at the February 21 meeting, all revisions to the City Code were approved with the exception of language in Chapters 11 and 13 that has not been published by the City Council. The City Attorney has agreed to coordinate which language has appeared before the Advisory Planning Commission, City Council and received final publication so that publication need not be duplicated. Other changes that were made by the City Council as a part of their official action at the meeting Tuesday include the following: 1) Ordinance #9, second series, Subdivision 4B - change 500 to 350 ft. in that paragraph. 2) Chapter 6 - The City Council is questioning how the definition of kennel was changed to 4 rather than 3. It appears the City Council still favors 3 or more dogs or cats rather than 4 as proposed. 3) Ordinance #16, second series, Section 10.30 Curfew - The City Council would like to eliminate curfew .entirely from the City Code. Chief of Police Berthe should review the consequences of eliminating curfew from the City Code and prepare a memorandum if he feels language should be retained for law enforcement purposes. Please share these concerns with Jay Berthe, and I will be happy to discuss this matter in further detail with him. 4) Please define under Ordinance #2 what the prohibition of trapping means. It was my understanding and the understanding of the City Council that trapping is to be prohibited in city parks and land under 5 acres. Please provide further definition of prohibiting trapping. I would suggest that after the public hearing is held by the Planning Commission to consider changes as proposed in Chapters 11 and 13, that all the revisions that were not adopted by the City Council and changes under Chapters 11 and 13 be presented to the City Council for their final review. It is anticipated that this will occur at an April City Council meeting. However, I may wish to address the curfew ordinance, trapping and change in the kennel license before that date if staff feels strongly about making changes that the City Council to date is not concurring with. City Administrator TLH/jj cc - Paul Hauge, City Attorney to 3 0 0 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: MARCH 28, 1984 SUBJECT: ORDINANCE CODIFICATION REVISIONS In your memo of February 23, 1984, you listed certain items for which the City Council requested additional information/changes to the ordinance codification revisions as they were presented at their meeting of February 22, 1984. I have reviewed the material and provide the following information: 1. The mailing notice regarding moving buildings is being changed from 500 ft. to 350 ft. per the City Council's request. 2. Ordinance No. 5, prior to codification, defined a kennel as "Any shelter, place, building, abode, or enclosure used for the prupose of keeping, maintaining, breeding, training or raising more than three licensed dogs or three dogs over 3 months of age". This has been interpreted, correctly I believe, to mean that kennel licensing would start with 4 or that 3 would not require the license. The original ordinance codification of 1982 defined a kennel as "Any place, building, tract of land, abode or vehicle, wherein or whereon three or more dogs or cats, or combination, over six (6) months of age, are kept, kept for sale, or boarded". This process changed the numbers, reducing them by one, meaning that the license requirement starts at 3 or that 2 would not require the license. In the current review process, we are simply attempting to get back to where we were prior to codification. No staff person has been willing to admit to requesting the reduction, however, if that is the City Council's desire, then Ordinance No. 12, 2nd Series, should not be adopted and enforcement of the Code as written at the reduced numbers should commence. 3. This question has been resolved at the March 22, 1984, City Council meeting. 4. The reference in Lorraine E. O'Reilly's memo of February 13, 1984, to inserting Ordinance No. 2 prohibiting trapping means that the ordinance adopted March 1, 1983, will become part of the Code. A copy of this ordinance as adopted is attached. I believe it does what you state to be your under- standing and that of the City Council. CITY ADMINISTRATOR HEDGES MARCH 28, 1984 PAGE 2. The public hearing for Ordinance No. 7, 2nd Series, amending Chapter 11 and Ordinance No. 13, 2nd Series, amending Chapter 13 was held before the Advisory Planning Commission on March 27, 1984, and these changes are now' ready for City Council review. My memo to Dale Runkle outlining the changes is attached for your reference. Hopefully, all of the revisions can be given approval at the April 3, 1984, meeting. Upon this approval my office will coordi- nate the publication, etc., with the City Attorney's Office as well as with Roger Jensen. Please let me know if you desire ;any additional information or would like to discuss these items in more detail. Please also let me know what other copies you desire. Generally, the ordinances have not been retyped into final form and probably will not be until the whole package can be processed. U Fina a Director City Clerk VanOverbeke EJV/jj Enclosure CC Tdu� tlnuq Q, os • ORDINANCE NO. 2, 2N• ERIES 5 AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 10, ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY ADDING A PROVISION REGULATING TRAPPING; 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 Chapter 10 is hereby amended by adding a Section to read: SEC. 10.13. TRAPPING PROHIBITED - EXCEPTIONS. Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated: A. "Trap" - Any device, snare, artificial light, net, bird line, ferret, hawk, vehicle or contrivance whatever used to catch, snare, kill, or otherwise restrain the free movement of animals or birds. B. "Trapping" - The act of setting, laying or possession with intent to set or lay a trap. Subd. 2. Unlawful Act. It is unlawful for any Iperson to do any trapping. to: Subd. 3. Exceptions. This Section shall not apply A. Owners of platted lots of five acres or more, and then only if it is done by the owner, a member of the owner's family, or by written consent of the owner; pro- vided, that such trapping is not done upon or within 100 feet of the boundary of any City, County or State park, organized recreational area, or other public property. B. Quick -kill trapping if the traps are designed to kill only rats, mice, gophers or moles. C. Employees or duly authorized representa- tives of the City, County, State or Federal government acting within the course and scope of their employment. D. Teachers trapping for educational programs or scientists for the purpose of studying animals, wild life or birds, which will be returned to their natural environment uninjured. /06 L 0 Section 2. City Code Chapter 1 entitled "General Provisions and Dee inoitions 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 3. Effective Date. This Ordinance shall take effect upon i s`� a od ptlon and publication according to law. ATTEST: Its y Clerk CITY COUNCIL CITY OF EAGAN By: !Its Mayor/— Date Ordinance Adopted: March 1, 1983 Date Ordinance was Published in the Fagan-rhronic!le -April 25, 1983 -2- /07 0 MEMO TO CITY PLANNER RUNKLE MARCH 22, 1984 PAGE 2 Reference City Code Page VII. 313 0 The word "Utilities" is changed to "Facilities" (underlined) and is a correction of a typo- graphical error. The attached copy of Ordinance No. 13, 2nd Series, contains the proposed changes to Chapter 13, and they are as follows: Reference City Code Page Explanation I, 372 Changes the process which pro- vides for a Council waiver of certain items in the plating process. II. 382 Removes the word "residential", which then causes park dedication to be satisfied for all plats. III. 383 and 384 Changes the deadline for. record- ing a plat to within sixty (60) days "from final plat approval" by the Council. This corrects a codification error. IV. 397 Corrects the typographical error on Intermediate. V. 398 Changes 2' to 12' and adds "and gutter" to the last two types of streets. These are error corrections. VI. 399 Changes "Trails" to "Trailways" and changes "and" to "and/or". These simply clarify the language. VII. 399 Adds the words "and adjacent" to clarify the meaning of this section. VIII. 399-400 D. is added as a new Item. IX. 401 Corrects the reference to City Code Chapter 11. X. 402 Changes the word "one" to "per" which corrects an error. MEMO TO: CITY PLANNER RUNKLE FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: MARCH 22, 1984• SUBJECT: ADVISORY PLANNING COMMISSION PUBLIC HEARING ON PROPOSED CHANGES TO CHAPTER 11 AND CHAPTER 13 OF THE CITY CODE The attached copy of Ordinance No. 7 2nd Series contains the pro- posed changes to Chapter 11, and they are as follows: Reference City Code Page Explanation I. 270 This is a new definition of a "Planned Development". It was aFproved by the APC on May 10,1983. II. None This is a new definition of "Set- back". It previously was not defined. (The word minimal is not included.) III. 285 The word "and" in the code is being changed to "all" (under- lined). This merely improves the readibility of this sentence. IV. 287 The classification of I-1 is changed from "Light" to "Limited" and in I-2 "Heavy" is changed to "General". These items simply correct a codification error and make these classifications consistent with the terminology used throughout the code. V. 288 8 290 Remove Item 6 of Subd. 3 and Item 7 of Subd. 5 from uses under agricultural districts and re- sidential districts respectively. The City cannot require these special permits under State law. VI. 313 This is added as a conditional use. This item is included as part of the update package, how- ever, both the APC and City Coun- cil have previously approved it. 0 0 MEMO TO CITY PLANNER RUNKLE MARCH.22, 1984 PAGE 3 After the APC has held the public hearing,I will be processing the changes to the City Council for their review.. Please let me know if you have any questions regarding this material Finan Director/City Clerk VanOverbeke EJV/jj IID 0 0 C ORDINANCE N0. 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 C 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. 7 8. "Setback" - The airtiia! 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 L. districts are hereby established under which all lands in the City shall be classified: 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 Ldeviation from certain provisions of this Chapter. B. A waiver may be granted without Planning mmission review only when the subdivision consists of a split a duplex lot or lots with existing structures having dividual utility services designed in accordance with standards posed 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. Y' S. A determination on the method by which park dedication shall be satisfied for all plats. D. • 3. Recording of responsibiity of the subdivider to file County Recorder, within sixty (60) days by the Council unless a time extension -1- Plat. It shall be the the plat with the Dakota from final plat approval has been granted by the_j 0 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 9 of Subparagraph A and Item 5 of Subparagraph B of Subd. 4 entitled "Street Design Standards", to read: A. Public Streets. 9. Street surface widths and other design standards will be addressed in the City Handbook. Street right- of-way widths shall be as shown in the Comprehensive Plan and where not shown therein shall not be less than as follows: Street Type Principal Arterial Intermediate Arterial Minor Arterial Community Collector Neighborhood Collector Local Access Minimum Right -of -Way Width B. Private Streets. 150-300 feet 150-200 feet 100-150 feet 80 feet 66 feet 50 feet 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 Subdivisions 5 and 6, to read: Subd. 5. Sidewalks and Trailways. Sidewalks and/or trailways shall be installed in accordance with City Code provisions and applicable policies. Subd. 6. Easements. A. Utility and drainage easements abutting public street rights-of-way and adjacent properties and centered on rear or side lot lines shall be at least, ten feet (101) wide or wider as may be required by the City. -2- K c 0 B. Where a subdivision area, water course, drainageway, channel provided a storm water easement or conforming substantially with the lines incorporating elevations as required by 0 is traversed by a ponding or stream there shall be drainage right-of-way of such water course and the City. C. Trails or pedestrian ways shall be shown as Utrailways" on the final plat or as separate easements as the City may direct. D. All other easements of record and those .required iitasubdivision. to provide the required utilities to service he 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 jreference in Chapter 4.) 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 __�( erer__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: -4- %11. Agenda Information April 3, 1984 City Page Twenty -One 0 Packet Council Meeting 46 APPOINTMENT OF ADVISORY PLANNING COMMISSION ALTERNATE D. Appointment of Advisory Planning Commission Alternate -- Mr. Scott Merkley who was papointed in January of this year as the Alternate for the Advisory Planning Commission has been hired by the City of Eagan as an Engineering Aide and therefore must resign as a member of the commission. Since interviews for appointment to this position were held as lately as this January, the City Council decided to again consider the unsuccessful candidates for this position and made the present appointment from that group. The Council will be supplied with ballots at the meeting on Tuesday. The names of the candidates to be considered are: Vic Ellison, 1308 Carlson Lake Lane Roy W. Taylor, Jr., 1368 Highsite Drive James D. Wannigman, 3763 South Hills Drive Copies of their letters of application were enclosed with the packet for the March 27, 1984 special City Council meeting. If any Councilmember would like additional copies of these memos, please contact the City Administrator's office and copies will be supplied. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint the alternate member to the Advisory Planning Commission to fill the unexpired term of Scott Merkley. (The term of office expires as of December 31, 1984.) III 0 0 Agenda Information April 3, 1984 City Page Twenty -Two Packet Council Meeting PRELIMINARY PLAT/HOLMES ADDITION A. Paul Holmes for Preliminary Plat, Holmes Addition, Containing One Acre Consisting of Two Single -Family Lots -- A public hearing was held before the Advisory Planning Commission at their February 28, 1984, regular meeting and then due to a continuance was again considered at the March 27, 1984, APC meeting. The Advisory Planning Commission is recommending approval of the application. It should be noted that the Advisory Planning Commission spent considerable time on this item reviewing the present and future planning of the area, taking into consideration many of the cost factors as to what will occur with future development around the proposed preliminary plat. Upgrading streets and other related improvements were considered as a part of the cost analysis. For additional information on this item, refer to the City Planner's report, a copy is enclosed on pages rZ6 through1:3 a For a report of the Advisory Planning Commission action, eefer to those minutes; a copy is enclosed on page(s) 13 - . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat entitled Holmes Addition containing one acre consisting of two single-family lots. Special Note: Enclosed on pages 13 S through I3 7 is a letter from the City Attorney's office regarding this item. III 0 0 CITY OF EAGAN SUBJECT: PRELIMINARY PLAT - HOLMES ADDITION APPLICANT: PAUL HOLMES LOCATION: PART OF THE NA OF THE NA OF SECTION 10 EXISTING ZONING: R-1 (RESIDENTIAL SINGLE DISTRICT) DATE OF PUBLIC HEARING: FEBRUARY 28, 1984 DATE OF REPORT: FEBRUARY 21, 1984 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been submitted requesting preliminary plat approval, Holmes Addition, consisting of approximate- ly 1 acre and containing 2 single family lots located in part of the NW4 of the NW's of Section 10, Parcel 10-01000-020-29 north of Quarry Lane and Towerview Road. COMMENTS This parcel has been zoned previously to R-1 (Residential Single Dis- trict) and would allow only single family homes to be developed. The applicant has submitted an application to split this 1 -acre parcel in- to two single family lots of which each lot would exceed the 12,000 square foot minimum requirement. Lot 1 would have a 90' lot width and contain 15,888 square feet net area and Lot 2 would have approx- imately 174' of frontage and contain 18,780 square feet of net area. In review of this particular parcel, there appears to have been a high- way easement granted across this property to provide access to the pro- perty further to the east and south. In accordance with this easement, it appears to encumber a 20' area across the front of the property and run diagonally across the property on the westerly edge. To the south of this property is a platted subdivision of which Towerview Road has been dedicated as a half right-of-way. In review of this particular subdivision, it appears that only a 50' right-of-way would be needed because the street would only service one or two other properties due to the location of LeMay's Lake. Therefore, this road is never expect- ed to be upgraded past a residential street. Consequently, additional right-of-way would not be required. In review of this particular subdivision, there appears to be two is- sues which should be reviewed in relation to this preliminary plat. The first issue is in regard to a proposed shoreland ordinance. The shoreland ordinance which the City has been working on for a number of years is presently up for review by the Advisory Planning Commis- sion. In this ordinance, it classifies LeMay's Lake as a recreational development body of water and would require a 75' setback from the 17.0 CITY OF EAGAN PRELIMINARY PLAT - HOLMES ADDITION FEBRUARY 28, 1984 PAGE TWO high water elevation once the ordinance is adopted. Presently, due to the configuration of the property and the dedication of the road and setbacks from the road and the lake, the applicant can only obtain a 50' setback vs. a 75' setback which would be required once the ordi- nance is adopted. The City has been informed by the property owner that they have reviewed this with the Department of Natural Resources, and the Department of Natural Resources does not see a problem with the 50' setback requirement as proposed. The other issue regarding setbacks is in regard to the right-of-way for Towerview Road. If the applicant dedicates the additional 20' of right-of-way for Towerview Road, the applicant can then only meet a 20' setback requirement instead of the required 301. The proposed house is drawn in accordance with what is proposed to be built, and a 10' setback variance would be required from this particular set- back requirement. The last issue in regard to this plat is that it is the Planning De- partment's understanding that Lot 2 would require a lift station or pump in order to get access to sanitary sewer for this particular lot. The applicant is aware of this, and this would be a requirement if the plat is approved. Also, presently Towerview Road is not up- graded to its potential, and the one additional house requires that the applicant petition to upgrade Towerview Road to its ultimate de- sign as a'residential street, or since only one additional dwelling unit is being constructed, that the upgrading would not have to occur at this particular time. This will be an engineering decision and.a recommendation as to how this -street should be addressed. If approved, the preliminary plat should be subject to the following conditions: 1) Adequate rights-of-way be dedicated for Towerview Road. 2) A 10' front setback variance be granted for Lot 1 and 2 of the proposed plat. 3) The plat be reviewed by the Department of Natural Resources for their comments. 4) A park dedication shall be required as requested by the Advisory Park Commission. 5) All other applicable ordinances be adhered to. DCR/jach 1 ;�k CITY OF EAGAN PRELIMINARY PLAT - HOLMES ADDITION FEBRUARY 28, 1984 PAGE THREE ENGINEERING RECOMMENDATIONS 6) A detailed grading and erosion control plan will be required to be submitted for approval. 7) Public improvements shall be extended along Towerview Road east of Quarry Lane. 8) A turnaround shall be provided at the end of Towerview Road. 9) The existing 20' easement shall be dedicated as public right- of-way,for Towerview Road. 10) A ponding easement shall be required to be dedicated to en- compass the high water elevation of LeMay's Lake. 11) This development shall be responsible for trunk area water and storm sewer assessments at the rate in effect at the time of final platting. 12) All costs associated with public improvements shall be the sole responsibility of this development. 13) All easements shall be dedicated as required by staff in the Engineering Report. RMH/jach I- 0 9 MEMO TO: THE ADVISORY PLANNING COMMISSION, C/O DALE C. RUNKLE, CITY PLANNER FROM: RICHARD M. HEFTI, ASSISTANT CITY ENGINEER DATE: FEBRUARY 23, 1984 SUBJECT: HOLMES ADDITION PRELIMINARY PLAT The Engineering Division of the Department of Public Works has the following comments regarding this proposed development for consid- eration by the Advisory Planning Commission and City Council. TOPOGRAPHY/DRAINAGE The existing topography over this proposed development consists of a side hill sloping to the northeast and LeMay's Lake from an ele- vation of approximately 908 at the southwest corner of this propos- ed development to a normal water level of 873 at LeMay's Lake. This amounts to an average slope of 188. Subsequently, drainage over this development is to the northeast towards LeMay's Lake. LeMay's Lake is designated as Pond DP -2 on the City's Master Storm Sewer Comprehensive Plan and also has a positive outlet control. Further- more, LeMay's Lake is designated as a DNR protected water. Subse- quently, staff recommends a detailed grading and erosion control plan be submitted for approval. UTILITIES Sanitary sewer and water main are located within the intersection of Towerview Road and Quarry Lane. However, due to the drop in ele- vation resulting from the existing topography, it is not possible to serve Lot 2 with a gravity sanitary sewer service line. There- fore,.it will be necessary for the owner of this lot to provide a pump to overcome the elevation difference to dispose of his waste water. Gravity sanitary sewer service can be provided for Lot 1 provided the basement elevation is no lower than an elevation of 901. In accordance with City policy, this development will be required to extend sanitary sewer and water main to the east end of Towerview Road. This work shall be accomplished in accordance with the City's Engineering Guidelines. STREETS Existing streets providing access to this development consist of Towerview Road. Towerview Road is a City residential street which has not yet been improved to City standards east of Pilot Knob Road. Subsequently, as a condition of final platting, this development shall provide for the upgrading of Towerview Road to City standards I �3 ENGINEERING REPORT HOLMES ADDITION PRELIMINARY PLAT FEBRUARY 23, 1984 PAGE TWO east of Quarry Lane. Furthermore, since right-of-way has been dedi- cated by easement.to the City, a cul-de-sac should be provided for turn around purposes at the end of Towerview Road in order to pro- vide for City maintenance vehicles and emergency vehicles. Unfortu- nately, in this instance, no feasible method of looping this road- way exists which necessitates the cul-de-sac. RIGHT-OF-WAY/EASEMENTS The current 20 -foot highway easement for Towerview Road over this parcel shall be dedicated as public right-of-way. A 10 -foot utility easement will be required to be dedicated adjacent all publicly -dedicated right-of-way with a 5' drainage and utility easement being dedicated adjacent all lot lines. In addition, a ponding easement shall be dedicated to encompass the high water ele- vation of LeMay's Lake. An additional easement will be required to provide the cul-de-sac at the end of Towerview Road. ASSESSMENTS This development will be responsible for trunk area water assess- ments and trunk area storm sewer assessments. These amounts shall be determined by applying the area rates for each in effect at the time of final plat approval times the net area of this development. At 1984 rates, based on net area as shown on the preliminary plat, this would amount to the following: Trunk area storm sewer - 30,000 sf X $0.045/sf = $1,350.00 Trunk water main - 0.69 acres X $1,120/Ac = 773.00 The final assessment amount will be determined from the net area of Block 1 on the final plat using the rates in effect at the time of the final plat approval. All costs associated with installing the public improvements will be the sole responsibility of this development. I will be available to discuss any aspect of this report in detail with the Advisory Planning Commission at the February 28, 1984 meet- ing. Respectfully/ Richard Ms!6��Jc�it"Gnitted, /.-HHe di, P.E. Assistant City Engineer RMH/jack SPUR -2 COON Y CLUB i \ H 3 — r 0SH N2 f FMAA '.EHND i i '15 u ACR SCHOO KT:ub,D-7 PAR KI Subject Parcel C-18 /x_17 I r -T-1 I O N d PARK I �� N .l / OME TE=S D-1 FIGURE 311G {02NCD) zry� ` F— SU/R ECFroT 1� SAL / HE I, �IST � / 1 I o-19 SERVICE D-13 0 D-29 1 tz�--y11�i1{tr� 11I u ACR SCHOO KT:ub,D-7 PAR KI Subject Parcel C-18 /x_17 I r -T-1 I O N d PARK I �� N .l / OME TE=S D-1 FIGURE 311G {02NCD) zry� ` F— SU/R ECFroT 1� SAL / HE I, �IST � / 1 I o-19 SERVICE D-13 0 D-29 1 i OI ill \lam_ b. 2 / — - —LONE m -OAK - 7 - RD - - - e— --- 25.3 -254/ - o \ ji I I' WET TAP Co o 11911 u Y 0 N .IW N W TOWER /IEW /_I t `F MR OUARRI LANE I i I I 1 JI1 W (L +' LEMAY LAME .— i Subject parcel\ +427\ �T- FIGURE 2 SEE 15 I I � l ' L'c h1A'i 1 • ) II !3 I !1 �FUT URE BUILDINGScale: V = 20' SITE PgGP4gEA HOUSE ® Soil Boring Location Bench hark: Nail in tree south of proposed house Elevation = 906.0 —F GEC JOB NO: 3580 i 1 (louse corners . 'staked (6) ' I1 � ) • 7nwnrview Riad i ` ` \ \ /hlt : 1?>w••]� Crn+B rY..,c. nc..1 Or T,lc ru.. �.. �• \ \ /J89'44'ZS" E `•"^..� 13A,ib 3.IAL L BC Ylnw[b It• . I \ 98 \ ao110 Is 17 LE MAY 5 LAKE ' \`` \ ��--_ _ =61-5% `\P� \` ..,/`�L'/C _ /�•.., 4.� ,., ,.✓n.l...l Alj.n J,0 di - ,// // Cp�.GJ �) 1 /�, �`�� .• /1\\ � ` � QIP •8: -LOT-�- 3 `, LOT --2__ \ ` Fnn�KC-"-^ "� p Jo :�,. 1-knFc�:CD .. � • � \ \1 a� o� r\ 439.00 'Ki�Hw�- Eas y-EDot- ss0"v \ li �A'� rim lir . _.. ♦ep vov.,e`. 589? 44' 26�� W , to 1.0 .199.k \ �TOWERV�EW ROAD \ \` M P 3 CL 3 d z ° � a P P (;PAnimn PI AN - Hni PJAFS PADDITION 4IA S`io4ZB��E ' 2 (o4. o0 u Y I h�EII` i LE MAYS LAKE - I I b' Jr,urY E:A=CMC�JT Q ,D Loo 0 0� °� LOT 1 LOT 2 �� i Z I ll O E,o !Q. Fr. w 2t,, 47`1 . Fr. 1 s N rl Y I L V !� 4 V N fI ? 1J HIC.1-4 WA Ea. SF.M.F�I! �[ro. •�� 5l1e799� c IL, j7-1 r 1 •I 2mn no TOWERVIEW ROAD HOLMES ADDITION N. 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' � P I _ r^5 P - - - �3G --LE VGLLEY •) ROSE N9J' APC Minutes March 27, 1984 HOLMES ADDITION - PRELIMINARY PLAT The continued public hearing regarding the application of Paul Holmes for preliminary plat approval of proposed Holmes Addition consisting of approxi- mately 1 acre, intending to include two single family lots, located near the intersection of Quarry Lane and Towerview Road, was convened by Chairman Wold. Dale Runkle reviewed the application that had been continued from the last meeting and noted that the Planning Commission had requested additional infor- mation regarding the upgrading of Towerview Road, adjacent to the subdivision. Mr. Hefti stated that the staff had researched the status of Towerview Road, east of Quarry Lane, and noted that a bituminous mat and concrete curbing are in place along the south portion of Towerview Road at that location, adjacent to the Ed Reid property. The recommendation of the engineering department would be to upgrade the public improvements within Towerview Road to city standards in front of Holmes Addition, but that an alternate would be to escrow funds for future improvements. City Attorney Paul Hauge also reviewed several alternates, including the upgrading of the street, improvement of only that portion of Towerview Road in front of the Holmes Addition, escrowing funds sufficient for the future up- grading, no upgrading and simply acquiring necessary easement right-of-way, or the potential for a homeowners agreement amongst the property owners to the east for maintenance of Towerview Road in that location. Mark Tompkins and Paul Holmes were present and requested that the road area be released from any requirement for public improvements. Ed Reid was also present as were other owners to the east. Mr. Holmes also objected to the requirement for an escrow. There were'questions from the Planning Commission members as to what areas would be assessed for benefit purposes and it was noted the estimated cost was about $8,200.00 for water main and street improvements. Jerry Rogers appeared and was concerned about long-term costs for improvement of the hill to the east. Member Wilkins was concerned about improving the street to Pilot Knob Road at the present time and indicated that the property owners objected to that type of improvement. The main issue was whether to recommend upgrad- ing at the present time or in the future and provide for assessments in the future. Mr. Hefti indicated it would be difficult to get approval of the property owners in Holmes Addition for future upgrading after the platting is completed, and further noted the high cost of maintenance for gravel surfaced streets. Wilkins moved, Mulrooney seconded the motion to recommend approval of the application for preliminary plat approval, subject to the following conditions: 1. Adequate right-of-way shall be dedicated for Towerview Road as determined by the City. 2. A 10 foot front setback variance shall be granted for Lots 1 and 2 of the proposed plat. 133 q APC Minutes March 27, 1984 3. The plat shall be reviewed by the Department of natural Resources for their comments. 4. Park dedication shall be provided as requested by the Advisory Park Commission. 5. All other applicable ordinances shall be adhered to. 6. A detailed grading and erosion control plan shall be required to be submitted for approval. 7. An adequate turnaround shall be provided at the end of Towerview Road. 8. The existing 20 foot easement shall be dedicated as public right-of- way for Towerview Road. 9. A ponding easement shall be required to be dedicated to encompass the high water elevation of LeMay's Lake. 10. This development shall be responsible for trunk area water and storm sewer asssessments at the rate in effect at the time of final platting. 11. All costs associated with public improvements shall be the sole responsibility of this development. 12. All easements shall be dedicated as required by staff in the Engi- neering Report. 13. No public improvements shall be extended along Towerview Road east of Quarry Lane at the present time, but at such time as Towerview Road, west of Quarry Lane is improved, the roadway adjacent to Holmes Addition, shall be upgraded and the benefit shall be assessed. All voted in favor except Wold, who voted no, indicating he supported the City policy as to the improvements. 13 �} 3 s • HAUGr•., Smrm. EIDE & I{ELI.En. P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 3DO8 SIBLEY MEMORIAL HIGHWAY EAGAN. MINNESOTA 58122 PAUL H. HALIDE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Mr. Thomas A. Colbert Public Works Director 3830 Pilot Knob Road Eagan, MN 55122 March 27, 1984 Re: Proposed Holmes Addition Street Improvements Dear Tom: AREA CODE 612 TELEPHONE 434.4224 You have asked for suggestions relating to alternatives that the City Council and Advisory Planning Council could require the developer of the proposed Holmes Addition in respect to the roadway which is the easterly end of Towerview Road south of LeMay Lake. The application was first heard on February 28, 1984, and the public hearing was continued until March 27, 1984. Several factors will influence the ultimate decision of the City Council concerning the improvement of Towerview Road in the vicinity of the Holmes Addition. 1. A public hearing was held several years ago for the proposed improvement of Towerview Road westerly to Pilot Knob Road but at that time the property owners objected to the improvement and it is my understanding that the improvement was not installed and therefore that portion of Towerview west of the Holmes Addition has a gravel surface. 2. An earlier preliminary plat application was partially processed by the City several years ago by Lynn Thiele and the same issues arose but that final plat was not completed. 3. It is my understanding that the roadway immediately adjacent to Holmes Addition has a bituminous surface that was installed by the City at the request of the property owner to the south, Ed Reid, but that this does not meet City standards. 4. There are at least two residential homes lying along the extended Towerview private road to the east and it is possible in the near future that one or both of those parcels will be subdivided and residential homes be built. 5. Holmes Addition would contain only two lots and according to the grading plan in the packet material there is a highway easement document no. 536799 covering 20 feet on the southerly boundary of the Holmes Addition which apparently has already been dedicated at an earlier time. 13T J J� c Mr. Colbert • • March 27, 1984 Page Two 6. The City policy requires public streets to be upgraded to City standards at the time of approval of residential plats. The City will have to decide if this portion of Towerview is upgraded whether Towerview to the west should also be upgraded, whether the portion to the east should be upgraded, and further whether the half right-of-way on the south side adjacent to the Fd Reid property should be upgraded and assessed. Several of the alternates have become quite obvious but they could include the following: 1. The City could require upgrading of part or all of Towerview Road and assess costs against the benefitted property. I would assume that there would be strong objections from several of the neighboring property owners and particularly those to the east where I don't believe the City has an easement. In addition, in order to acquire an easement by long continued use, the City would have had to have maintained the street for at least six years and it is my understanding that the City has not maintained that easterly portion of Towerview Road. 2. The City could require improvement of only that portion of Towerview Road in front of Holmes Addition and therefore accept whatever easement is yet necessary and assess the benefit against the developer and potentially the Reid property to the south, if that portion is improved. However, there is a setback for assessment purposes and I believe that the Reid property accesses to the west and therefore a portion of the assessment along the north side of the Reid property would be exempt from special assessments because it is a corner lot. 3. The City could allow Holmes Addition to be platted, require the dedicated easement, and not require upgrading of that portion of Towerview Road but require that an escrow be posted with the City in a permanent road fund to cover the potential cost of that portion of the improvements. This would mean that the owners to the east might need a private easement over the Holmes Addition street easement area if the street is within the right-of-way, but if that road has been used continuously for at least 15 years openly and hostily, the owners to the east would have gained an easement over the driven roadway. I believe the latter is true and I would assume that there are no written easements to the property owners to the east. I'm not certain, however, how the maintenance of the private roadway has been done. 4. Another option that is not very practical is to not require an easement over the Holmes Addition property for street purposes and possibly not require the escrowing of necessary funds for road improvement purposes. In any event, the developer may not be willing or able to post a sufficient escrow for the road improvements which, of course, in the normal fashion would be assessed over the period of at least ten years. I36 0 0 Mr. Colbert March 27, 1984 Page Three 5. There has been some suggestion that there be a homeowner's agreement entered into by homeowners in the vicinity, particularly to the south and east. It is very difficult for the City to impose a requirement for a homeowner's association type of agreement where those owners to the east are not in the process of developing. The difficulty is that if the property owners farthest east intend to subdivide their property, they would then need access to Towerview and may have some difficulty acquiring right-of-way through the property owners' private property. It may then become an issue of whether an easement by long, continued use has been acquired if the middle property owner is not willing to directly grant an easement. As you can see, there are several choices that the Planning Commission and Council can use and I will be happy to explore more fully any one,of these if you wish. "Very truly yours, PAvI H. Hauge City Attorney - City of Eagan M71 Agenda Information April 3, 1984 City Page Twenty -Three 0 Packet Council Meeting E PRELIMINARY PLAT/SUNSET FIFTH ADDITION B. Lexington South Associates, For Preliminary Plat, Sunset 5th Addition --- At the March 6, 1984, City Council meeting, the preliminary plat application of Sunset 5th Addition, as recommended for approval by the Advisory Planning Commission, was reviewed. The developer's representative was unable to attend the meeting and upon a brief review by the City Council, a concern was raised about providing direct driveway access onto Dodd Road with the potential for a future public street along the future side lot, mainly access to the future church property. As a result of this discussion,. it was the action of the City Council that the preliminary plat for Sunset 5th Addition be sent back to the Advisory Planning Commission for further review. At the last regular meeting of the Advisory Planning Commission held on March 27, 1984, the reconsideration of the preliminary plat for Sunset 5th Addition was approved. For additional information on this item, refer to the Director of Public Works' report to the Advisory Planning Commission; a copy is enclosed on pages 1101 through J!+h. For additional information regarding the action taken by the Advisory Planning Commission, refer to those minutes found on pages 1,+ L4oeetjir ACTION TO BE CONSIDERED ON THIS ITEM: preliminary plat for Sunset 5th Addition. 112 To approve or deny the MEMO TO: ADVISORY PLANNING COMMISSION FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: MARCH 13, 1984 SUBJECT: SUNSET 5TH ADDITION - RECONSIDERATION OF PRELIMINARY PLAT APPROVAL On March 6, 1984, the City Council formally reviewed the preliminary plat application of the Sunset 5th Addn..as recommended for approval by the Planning Commission on February 28. Due to a conflict, the developer's representative was unable to attend that Council meeting to present his application. Normally, the City Council continues those items where the developer or his representative is not able to be present at the Council meeting. However, the City Council had serious concerns pertaining to this proposed two -lot subdivision providing direct driveway access onto Dodd Road (a community collector) with a potential for a future public street along the future side lot (north line of plat) of a future single-family lot without this public right-of-way being of record or even reviewed to determine if that is the most appropriate location. Subsequently, in light of a motion to formally deny this plat application, the City Council voted to send this back to the Planning Commission for more detailed review of this proposed development in relationship to the overall future development of this area of the Lexington South PUD. The Council felt that more detailed analysis and review of the potential future develop- ment of this area might indicate a different configuration for development. I have reviewed these concerns with the developer's representative, Mr. Brad Swenson, and Mr. Jim Curry of the Lexington South PUD. They have indicated that they will look at a proposed development scheme for this area and how it may impact or compliment the proposed Sunset 5th Addition and also reviewing the proposed configuration and location of the parcel designated for church just north of the proposed Sunset 5th Addition. Therefore, the City Council would like the Planning Commission to perform a more in depth review of the overall area before the merits of this small subdivision can be reviewed and subsequent- ly approved. If any Planning Commission member would like further clarification in regards to this issue, please feel free to contact me. Respectfu y submitted, ,ori omas A. Colbert, P.E. Director of Public Works 1%3q cc: Dale Runkle, City Planner Richard Hefti, Assistant City Engineer o r;+-,, rnnnri i r /n ri *v nrimi ni St rAtnr TTr /YF 0 -C 40. - Rd . .11 0. .. --- "T :T ti YORkjcw-j PLPciL . %�"bA 00-0- v P1010 PERTIO ... 9:D cz LU in co, Z as (Toft Tb -f PERTIO ... 9:D APC Minutes March 27, 1984 0 0 SUNSET 5TH ADDITION - PRELDQNARY PLAT Mr. Runkle indicated the City Council formally reviewed the preliminary plat application of Joseph Hoffman for the approval of Sunset 5th Addition at the Council's meeting on March 6, 1984. The Council had serious concerns pertaining to direct driveway access onto Dodd Road with the potential for a future side lot along the single family lot and no committed public right-of- way, being of record or even reviewed, to determine if this is the most appropriate location. There were questions about access to Dodd Road, whether an easement would be provided over the property to the north and access to the remainder of the Lexington South property to the west. Brad Swenson appeared for the applicant and explained the proposal for the development of the land to the west and the proposed moving of the church location. There were concerns about additional access points on to Dodd Road, but it was proposed that turn-arounds on each individual lot be provided. Mr. Swenson indicated that the property owner to the north would agree to a 60 foot easement north of the 5th Addition. There was no written committment from Lexington South as to the 60 foot easement. After extended discussion, Wold moved, Wilkins seconded the motion to recommend to the Council the following: 1. That each lot in the 5th Addition would be allowed an individual access with an interior turn -around. 2. That the surroundingland uses appear to warrant the location for an access road to the north on to Dodd Road. 3. The Planning Commission reaffirms the approval of the conditions for approval of the preliminary plat. 4. That the preliminary plat be conditioned upon written committment from the owner to the north, that it will convey a 60 foot road easement. All voted in favor. 141 4 Agenda Information April 3, 1984 City Page Twenty -Four 0 Packet Council Meeting SIDE SETBACK VARIANC 0 BERON FIRST ADDITION C. J. E. Parranto Associates For A 20 -Foot Side Setback Variance for Lot 26, Block 1, Tiberon 1st Addition --, An application for a side setback variance was presented to the City by J. E. Parranto Associates requesting 20 feet for Lot 6, Block 1, Tiberon 1st Addition. The City Planner has reviewed the side setback variance and a copy of his report is found on pages 14 3 through /.4 & ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the side setback variance as requested by J. E. Parranto Associates. 0 CITY OF EAGAN 0 SUBJECT: VARIANCE, LOT 26, BLOCK 1, TIBERON 1ST ADDN. APPLICANT: J. E. PARRANTO & ASSOC. LOCATION: LOT 26, BLOCK 1, TIBERON IST ADDN. EXISTING ZONING: R-1 PD (RESIDENTIAL SINGLE DISTRICT UNDER A PLANNED DEVELOPMENT DATE OF PUBLIC HEARING: APRIL 3, 1984 DATE OF REPORT: MARCH 30, 1984 REPORTED BY: DALE C RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been submitted requesting a 20 ft. side setback variance along Johnny Cake Ridge Road for Lot 26, Block 1, Tiberon 1st Addition. COMMENTS In review of the original application submitted in February, 1983, the applicant submitted a revised preliminary plat and an overall schematic as to how homes would be located on the individual lots. In this drawing submitted, the applicant was proposing to locate a home within 30 ft. of the right-of-way line of Johnny Cake Ridge Addition or 56 ft. from the curb of Johnny Cake Ridge Road. Normally on a collector street of this nature, a 40 ft. setback is required but this is a 50 ft. setback which would be required in accordance with the right-of-way width for Johnny Cake Ridge Road. Therefore, there is a discrepancy between the submission and what the text and condition of the planned development agreement, which indicates that all side setbacks shall be met with this particular development. In review of this site plan, it appears that some shifting could be done in order to fit a home on Lot 26 and more closely meet the setback requirement than what is proposed. The Council will have to determine if, in fact, the exhibit submitted with the planned development should rule,or the language of the planned development which indicates that all side yard setbacks shall be met with this overall plat. If approved, the variance shall be subject to the following conditions: 1. The applicant shall meet side setback requirement from 2. All other setbacks shall be requirements shall be adhered DCR/jj IA3 as closely as possible the Johnny Cake Ridge Road. met and all other ordinance to. 0 0 SIGMA \ SURVEYING Sketch Plan For: ss SERVICES J.E. PARRANTO ASSOC. 3908 Stbley MemoraI Highway Eagan, Mtnneaata 55122 Phone: (612) 4523077 assssssssa (• 24 I 50 ti 50I _ _ _-N69°59'18'E --I Fr—_ ___—___� I 50 LOT 26I c O d ,r• • d W lO) u L0.I. 25 I �` 3 ?d ' C t a owe. i I • p p- OC i I e z�{'� A----' rn W 1.ad Y e — — — 'S67°14' 7"W 85.00'' R oss..r. ewe _ V I I �I WOOD6ATE LANE . c h T. O -N- N�.,j s6w6fy n/LL fvoS Stale; I"= 40 1 hereby amity thal thf. mwoy, plan or tepon was prnxff d by me or undm my dined euo0rvf+lon and that I am a duly Ro,;wnpd Land Surveyor under the Iowa of tho S:mo of MIA3,0:00a. Waym 'N.,:0 Realet.a' 0n tlo. 1467. �q� A C, 100 P 'A "R K ;Olb EASEMENT per'Bk. 62 M.R. Pg. 43 ei la .-Caw" - Easemerl?Pell - Doc No. 409629'11�- 989.81 20 4 J6J6J6 J6 0 25' 0 i14 15 7a0pa 16 WOODGATE---'� %N89044 37"E 201.47' Ft �=3470511 4=2?03dOo A R R-4 ////A .11 Lll 810;:01010',; 81-4 ' �►%� r P a R-4 �. dW r,ja [0 1 rc.v . V��1 " Agenda Information April 3, 1984 City Page Twenty -Five 0 Packet Council Meeting 0 SIDE SETBACK VARIANCE/ROLF F. ANDERSON D. Rolf F. Anderson for a 2 -Foot Side Setback Variance for Lot 11, Block 1, wilderness Run 6th Addition -- An application was received by the City from Rolf F. Anderson requesting a 2 -foot side setback variance on his property described as Lot 11, Block 1, Wilderness Run 6th Addition. The City Planner has reviewed the application and enclosed on pages )+ 4S through Jrj) is a copy of a memorandum regarding the variance request. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the side setback variance as requested by Rolf F. Anderson. /47 0 0 CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: RALPH F ANDERSON LOCATION: LOT 11, BLOCK 1, WILDERNESS RUN 6TH ADDN. EXISTING ZONING: R-1 (RESIDENTIAL SINGLE DISTRICT) 17A@Ago]�:1)00too,lOf" 1z[eig DATE OF REPORT: REPORTED BY: APRIL 3, 1984 MARCH 30, 1984 DALE C RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been sibmitted requesting a 2 ft. side setback variance on Lot 11, Block 1, Wilderness Run 6th Addition. COMMENTS In a survey that was done, it was determined that a house and garage located on Lot 11, Block 1, Wilderness Run 6th Addition did not meet the side setback requirement of 5 feet from the garage to the property line. The owner of the home is now requesting that a 2 ft. side setback variance be granted in order that he can clear title to his home and property if he would ever sell the. property. It is staff's understanding that the builder of the home is paying for this variance request, and that the applicant or owner of the home would like to obtain this 2 ft. side setback variance because of title problem. The home is existing and the City's option would be to have the applicant move the garage or grant the 2 ft. side setback variance. If approved,_ the variance should be subject .to the following conditions. 1. All other City ordinances shall be adhered to. DCR/jj 1413 0 LeC�AL Pr IQ Lor 11 BLOC*- 1 , iLDE%�.lESS �;, � 5; xtN Am+ii� 9g.00. N ` \\\ 11 a 1 30 = I 1 /33 "\ 25= 1q• A SCALE S l�� ao�-O' L41 ISi(o, I rt ci Ix PF 17 in. R -I 0 s IAV ►11 �1M _ mat IM:�' m���....... 11...xNoto Oil man rc . _ � 7 , WwAs PF PF . ^:N 0 s IAV ►11 �1M _ mat IM:�' m���....... 11...xNoto Oil man rc . _ � 7 , WwAs PF 0 Acc PK PF R -I ' R -I PF .J" PARKVIEW GOLF COURSE ,"�•. ; ISO 0 Acc PK �. m .,. qe �,•�„�,.'s.�.:,e. ;.Ie'. .� , �..:.. ..,�•�' - l,.Fq� .... _ ;t• _ •CPP�SON_. r�--d- �?;L. _ • •mlfC Q�°..- •• �� S :::T ~Te+rn SIT 1: / :6._ ” 1q �.n• ro.q : , tl^ %. •#•gym A�� Y / mo .n_. _i,,, ..L., ..'.. 1..r ...• 7 I .A '..� S 1 ' .. r7b, 6'• �• � 7 "' � _ � J Q�Jf - t � ,y, •on•• (� �'_ L .• n. .���r�.� _� I V bit^ `. •Yo. w', / f, %' �NYBRO��g11S :!J' �,w .'SOyg \� +. •• - /v_ =�� Se ,�.: � ,•t�ys6 -9''v 1,' ��. , .' '. Y • 1 `�fv'i/..a•.f CIRCLE K �•'b-� A , —�, R-1 .,e ' =n '•..t'•.. ,�' •• • u.. tt rl Y 4 '♦ (n Ojai •�' tnl• - �^' .r . i nn•� t y ry {. -}'C• :� A, J•• ` �� - 7 t q • t . t.'` e7 �! L a ,I a +_ {� epi °" `v i a: Z • ��•e• m , 8 I •,'• OV I + t.. •r- Ri Y • S e m .°, I It • . �•'+. \ 7 �� „�,�'•434 �o R7 � { �, � .1 \a I•••rfe'I - •:t Jw i(,•1 e .' t� � • � ylp-{ aj � IIS ---__ _ � � E Nf �e J��i �I �. •'N �• / s CA NN •,�.,,y� : w � /i J, '% I,fI .. C Ia a•+r r.. yy '�A't Al � yj , :• n �e ;a IInm •wn�_v; • - I -•...I„ /f Ii•/{� S�� •Y. ,�� • ,w'�•••i •- ..._�{tn y`d a: .v1.n• 87•;S• � iS,7 Y!1 y®„ i I OYALYQpr A wLH CIRCI -_ ➢ ,•'�• .;Z let r •e^ •��•Li•/ :�. _ en_i, s C I'0.�. _ il.u��' . Li•-T•ii''� • SI 1 ylV Q 8"•:' '^l o'. 7 mj Teams '.f d ®' t i,. ,�9 �pro•/ �r j. ■ • II ^m w owl v • n..Qj. ., V �i . y nm •i 6a I .vr'.� ' { �rwv4• � +L 1. 1;ice. r ,Lt; _. -5i» �7 f q• �YI L ..,_, II —___ r11�e. _. y / ei •'��~ c:1 P— "/•, r� � �}'1V 4 � � � �'gY O Y 8t . 1-••�°•+� � ,:� �I ;, / r� NORTH ,..w MALMO • I•LAN'E 1 '� IB • .y,' b, BIW,` nn wuu nm •nV - v gym- •�=, \ ; � . .ASS (� .,m � � � I 5P it am �s lt • t r ..• DUNROVIN e , ._ _ c r: •.�e:,�: a DUNROVIN LANE • A amu. n ••" V'^^ + w'r� � Ot p//i {l �,:� � � O � k;�.e LY,j Q } Q ` tI � � � iy - o I I • , G - V p Q •6ytf7 tl_ ••r•n i Y .. ... Sj i �• V •� i 4I5 • .. ....I •n 0 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Twenty -Six Final Plat/Fawn Ridge A. Final Plat Approval - Fawn Ridge (Countryside Builders) -- After this item had been scheduled for consideration by the Council at the April 3 meeting, continued research by the Public Works Director has revealed that the required financial security for this subdivision has not yet been formally approved by the financial institution. Subsequently, without a firm financial security being made available, the staff is recommending that this item be continued to allow the developer to submit the necessary securities that are required for final plat approval. ACTION TO BE CONSIDERED ON THIS ITEM: To continue indefinitely the final plat application for the Fawn Ridge Addition as submitted by Countryside Builders, Inc. 15a: Agenda Information Packet April 3, 1984 City Council Meeting Page Twenty -Seven FINAL PLAT APPROVAL/WESTBURY ADDITION B. Final Plat Approval - Westbury Addition (Gabbert Development) -- We have received a request for final plat approval for the Westbury Addition from Gabbert Development, Inc. The first phase of this addition is in compliance with the preliminary plat approved by Council action on January 17, 1984. All required final plat appication fees, development contract agree- ments, grading plans, etc., have been submitted, reviewed and approved by staff and found to be in order for favorable considera- tion by the City Council. The only remaining requirement is the Council approval of installa- tion of street and utilities under a City project/contract. If the public hearing for Project 396, as scheduled earlier on the agenda, is approved by Council action and the improvements ordered for installation, it would then be in order for the Council to give final plat approval for this subdivision. Enclosed on page 19is a copy of the proposed final plat for the Council's In ormation. ACTION TO BE CONSIDERED ON THIS ITEM: If Project 396 is approved, approve the final plat for the Westbury Addition and authorize the Mayor and City Clerk to execute all related documents. 11503 —�P WESTBURY FIRST YJW n/ JIIIII Mlrnpr .r. .Nn. IWr • �nrrY l\ J W Grl n Yr.�tgul 1 rIr + r«r 1. Jrl•, rl«r u«mr Im•a J. w JIJ Yr 1.1 Iln.. W Y rJl m .IYn w .0 nJr «I.J IIJ., alr.r nlp WIJ pr s Ya /Irl. 1.us�wr+�•rwu G r\. Yynnr 1/I p Idr nM 9 I.nll^ r J Y J«M YY GO'.Ir4n In . , � Ypuw li 4bu Gw. LOCATION NAP 1 III OH Q-0 L �' A u J[ I[ e IT 61 DELMAR R.SCRWANZ LANE) SUhVETONS, INC r i nr i cwrcr5 Agenda Information April 3, 1984 City Page Twenty -Eight 0 Packet Council Meeting 0 FINAL PLAT APPROVAL/SUPERAMERICA C. Final Plat Approval - Super America Addition (Ashland Oil) -- We have received an application for final plat approval of the Super America Addition located on the southwest corner of Yankee Doodle Road and Pilot Knob Road. Enclosed on page 15(2 is a copy of the proposed final plat for the Council's information. All conditions placed on the most recent extension of the preli- minary plat acted upon by the Council in June of 1983, have been complied with. All final plat application requirements, fees, development contract agreements, etc., have been submitted, reviewed and approved by staff and found to be in order for favorable consideration by the Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the final plat application for the SuperAmerica Addition as submitted by Ashland Oil, Inc., and, if approved,' authorize the Mayor and City Clerk to execute all related documents. 155 L COUNTY ROAD N0. 2B [YANKEE DOODLE ROAD) ti 1 I a I j: ( 1.....8 .mm Q tA , a I-. rrm•or.m ..nr I SUPERAMERICA JI II Z I I -I I I 's W <• !Lt ix I :< ap!Li IA - e u avlMI . y ,i�)�i N.•iw Y .O.1 .:li Y� � ••.ms vlc hl ADDITION touudo ■..uad lGurvoeyliva Im Agenda Information April 3, 1984 City Page Twenty -Nine C� Packet Council Meeting 11 FINAL PLAT APPROVAL/BERKSHIRE PONDS D. Final Plat Approval, Berkshire Ponds (Derrick Land Company) -- we have received an application for final plat approval for the Berkshire Ponds Addition located between Galaxie Avenue and I -35E south of Cliff Road. Enclosed on page /S g is a copy of the proposed plat for the Council's information. The final plat application conforms with the preliminary plat approved by Council action on January 17, 1984. All conditions placed on that preliminary approval have been complied with and all final plat application requirements have been received, reviewed and approved by staff and found to be in order for favorable consideration by the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the final plat application for Berkshire Ponds as submitted by Derrick Land Company and, if approved, authorize the Mayor and City Clerk to execute all related documents. iS-7 VQ m BERKSHIRE PONDS ADDRESS PLAN • • CONSTRUCTION PEDIS FOR SANITARY SEWER. WATERMAIN. STORM SEWER. AND STREET I CONSTRUCTION FOR BERSNIRE i . FONDS. EAGAN. MINNESOTA. WE, .Y I ,.( WE, . YIW,(..,.I(, (0;.,9Y .1.. YV....{... 1VV! (Ox.i,d .W •�Mu( MM I F- I� • • 0 0 Agenda Information Packet April 3, 1984 City Council Meeting Page Thirty APPROVE PLANS/ORDER BIDS/WESTBURY ADDITION -STREETS & UTILITIES E. Contract 84-5, Approve Plans/Order Bids (Westbury Addition - Streets & Utilities -- When the petition was received requesting the preparation of a feasibility report for the installation of streets and utilities to service the Westbury Addition, the developer requested the simultaneous preparation of plans and specifications to expedite the time schedule for their construction. With the developers guarantee of costs should the project not be approved at a public hearing, detailed plans and specifications were ordered for preparation by the Council along with the feasi- bility report. Subsequently, if the public hearing for Project 396 is approved earlier on the agenda, it would be in order for the Council to review the detailed plans and specifications for the installation of these streets and utilities and if approved, order the advertisement .for bids. The Consulting Engineer and Public Works Director will be available to discuss the details of the proposed plans. ACTION TO BE CONSIDERED ON THIS ITEM: If Project 396 is approved for installation, approve/deny/modify the plans and specifications for Contract 84-5 (Westbury Addition - Streets & Utilities) and, if approved, authorize the advertisement for a bid opening to be held at 10:30 A.M., Friday, April 27, 1984. /s9 Agenda Information April 3, 1984 City Page Thirty -One • Packet Council Meeting 11 RECEIVE SIDS/AWARD CONTRACT/YANKEE DOODLE RESERVOIR -PAINTING F. Contract 84-4, Receive Bids/Award Contract (Yankee Doodle Reservoir -Painting -- On March 6, the City Council approved the plans and specifications and authorized the advertisement for bids for the painting of the 5.0 M.G. water reservoir on Yankee Doodle Road. The Council requested an alternate bid to be included for consideration of including the word "EAGAN" to be placed in three locations on the water reservoir. The bid openin was held at 10:30 A.M. on Friday, March 30. Enclosed on page �� is a tabulation of the bids received and a comparison of the low bid to the Engineer's estimate used for preparation of the 1984 budget. Consulting Engineer and Public Works Director will be available to discuss recommendations pertaining to the low bidder and the alternates at the Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 84-4 (Yankee Doodle Reservoir -Painting) and award the contract to the lowest responsible bidder with/without the alternate. 160 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 11 12 13 14 15 0 0 Our File No. 49295 REPAINTING OF 5.0 M.G. YANKEE DOODLE WATER RESERVOIR CITY CONTRACT #84-4, PROJECT #394 EAGAN, MINNESOTA CONTRACTORS Rainbow, Inc. Valley Contractors Allied Paint & Renovating Enterprises Decorating Dairyland Impr. Co. General Coatings Lakehead Painting & Sign Co Odland Protective Coatings HEA Tank Specialists Neumann Contracting Maguire Iron Inc. Graham's Contracting Chippewa Valley Enterprises Larson Tank Co. Abhe & Svoboda ENGINEER'S ESTIMATE Low Bid BID TIME: 10:30 A.M., C.S.T. BID DATE: Friddy, Murch 30, 1984 TOTAL BASE BID ALT NO. I 34,320.00 + 3600.00 38,220.00 + 750.00 40,000.00 + 1600.00 40,400.00 + 1000.00 47,000.00 + 3000.00 47,435.00 + 750.00 53,493.00 + 3920.00 53,966.00 + 1500.00 54.800-00 + 1200.00 55,900.00 + 2000.00 No Bid No Bid Mn No Ri rl Bid No Rid No Bid No Bid No Bid No Bid No Bid Approved 1984 Utility Budget 8 Low Bid under Estimate % Low Bid under Budget /6/ $42,000 34,320 91,500 18.38 62.68 Agenda Information April 3, 1984 City Page Thirty -Two 0 Packet Council Meeting 0 Petition/Hackmore Drive/Streets 8 Utilities G. Proj. 406, Receive Petition/Authorize Feas.ihilty Report (Hackmore Drive -- we have received a petition from Gary King requesting the installation of streets and utilities within Hackmore Drive between the Sunset 1st/2nd Additions and Northview Meadows Addition. As the Council may recall, when the Sunset 4th Addition (located on the north side of Hackmore Drive) received their preliminary plat approval, a condition was placed whereby they could either prepay their potential future assessment liabilities associated with the upgrading of Hackmore Drive, or plat those parcels fronting onto Hackmore Drive as outlots for future development which could then be assessed when the improvements were to occur. The developer of the Sunset 4th Addition has elected the option of platting outlots instead of the prepayment of assessments. Now that Mr. King is proposing to develop his property, it will be necessary to provide streets and utilities to service his property. However, his petition does not represent the minimum 338 of the fronting property owners that is usually required for the Council to receive the petition and authorize the prepara- tion of the feasibility report. It should be noted however that the petition submitted as signed by Mr. King guarantees the cost of the feasibility report in case the project is not approved by Council action at the time of the public hearing. Enclosed on pages 1.65 and_' b is a copy of the petition with a referenced–To—cal—ion map s owing that section of Hackmore Drive that is being petitioned for improvement and the relationship of the adjacent properties that would be affected by this proposed project. As can be seen, with the proposed Sunset 4th Addition being platted into outlots, these adjacent property owners would now have an opportunity to be involved in the public hearing process. Therefore, the staff is requesting the Council to consider the petition and take the appropriate action. ACTION TO BE CONSIDERED ON THIS ITEM: Receive the petition requesting the improvement of Hackmore Drive and approve/deny the preparation of a feasibility report for Project 406 (Hackmore Drive - Streets and Utilities). /01 �^ FOR CITY USF 0:ii:( Petition 8 5/O&. Date Received 3 PETITION Presented to Council 5'3�Y LOCATION/SUBDIVISION 14AGkm02C-- Aj� t)fL,y I/vie, the undersigned, ovmers.of the real property adjacent to 'J iA C. -elm.c 1-01 (Street) or within Sub di:.sicn, hereby petition for: Street improvements Sanitary Sevier. Water Supply — (Check requested items) Storm Sewer Street Lights Other (Explain) I/vie understand that this petition does not in itself request the installation of these improvements, but rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/vie understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. If the requested improvements are denied for construction at the time of Dublic hearing, I/vie hereby guarantee payment for all costs incurred in the preparation of this feasibility report and any other related costs. Signature of Land Owner Address of Property 3•--- - - - - -- - ---------- 4.—- 5.--- — — -- — -- — — — — -- 7.— — — — — — — — — — — — — — — I a 7 •I_I_rn v rw •roivN •w•p_a,.i�_g_I I Cc♦ICE 1 7.-u ■.F�,:.vI' UIL-LD � t - N .I N I satRAA�tAII � ... a�� i f �Hp.RN , Y1 p'°° 5J�Src i iD45D_5U. i:ii• LA„C ,' 1f ` ..14 p. •A DI ION 1 p`5 i MOAT -T I • �..�, o. ,.. ..:;....' P IRI P O i S E I D Q` 10 o t s . * ••' •p'+ pA - I i '� xisting Improv men O u I'r I L i 0 T I S I G'E • .g , `� . •''�$i•1.1"�::i}"•:' �•'i•�,- .\7--.:-".. Nieifi6�_ !'"eo.'.I'fY .� ::.�:a,,\ W09 I .•�•� 600' � a a L,1 • ' �' � N. CO u 1 e• y , a1e. 90 !t O i cl+ �P so ib Co i ~3 •f!% O'a-e, 1. • ■� is s ... � �, , .' .`':.•,,.,,�. �;�;'.•• • :yy"•:.HCl; '. AREA OF PROPOSED IMPROVEMENT a SUBJECT TO APPROVAL • PQHUTES OF A REGULAR P1EETING OF THE EAGAN CITY COUNCIL CITY OF EAGAN APRIL 3, 1984 A regular meeting of the Eagan City Council was held on Tuesday, April 3, 1984 at 6:30 p.m: at the Eagan Municipal Center. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, 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 distri- buted. All voted yes. Egan moved, Thomas seconded the motion to approve the minutes of the March 22, 1984 regular meeting with the exception on page 4, the City Council meeting will be held on March 27, rather than May 27, 1984. All voted yea. • REPRESENTATIVE ART SEABERG Representative Seaberg was present at his request and discussed with the Council several issues of legislation before the 1984 Legislature. He dis- cussed the status of industrial revenue financing, both at the federal con- gressional level and the Minnesota legislature, noting that the position of Congress will dictate the direction that the Minnesota Legislature will take. L;iz Witt was also present as the area legislative representative for the League of Cities. Councilmembers wanted assurance that the suburban city lobbyists are making contacts with legislators concerning the municipal aid legislation. PUBLIC WORKS DEPARTMENT PROJECT 0395 - LEXINGTON AVENUE BOOSTER STATION Tom Colbert explained to the Council that after reviewing the proposed location of the 1.5 acre site for Project 0395, the water booster station that was scheduled to be constructed in 1984-85, he recommended that a change in location take place to the south of the present proposed site. Reasons included that it would eliminate any potential objections from future property owners if the City were to construct the two ground reservoirs creating an obstructed view for the multiple density development proposed to the south and • also, it would move the multiple density development farther away from the 1 Council Minutes April 3, 1984 future major intersection of'Lexington Avenue and Diffley Road. Mayor Blom- quist questioned whether the developer of Lexington South, Jim Curry, con- curred,with the relocation and Mr. Colbert stated that he understood that Mr. Curry did. Another possible site to the north, Kirchner Plaza along Diffley Road, was discussed. Smith moved, Wachter seconded the motion to authorize the staff to proceed to negotiate with Mr. Curry regarding the exchange of sites, either to the north of Kirchner Plaza Addition, or at the intersection of Diffley Road and Lexington Avenue, with the understanding that the Lexing- ton South developers will pay all costs of transfer of the site, including surveying, title examination costs, etc. All voted yes. CONSENT AGENDA The following consent agenda items were presented to the City Council for review and it was recommended they be approved: • 1. Contractors, Licenses. A schedule of general contractors, heating and ventilating contractors,, and masonry, cement work contractor license applications was submitted to the Council for approval in the packet, and the staff recommended approval subject to compliance with the ordinance require- ments. • 2. Lion and Lioness Club - Temporary Gambling License. An application has been submitted on behalf of the Lion and Lioness Club of the City of Eagan for temporary gambling license for April 28, 1984 at the Diamond T Ranch. The staff reviewed the application and noted that all application requirements had been fulfulled. " 3. Lone Oak Heights - Grading Permit Cancellation. The City has re- ceived a notice of cancellation of insurance coverage for the grading permit for the Lone Oak Heights subdivision. The developer, Belfany Development, Inc., has indicated that it will not pursue the grading permit at the present time and staff recommended the council authorize cancellation of grading permit 009073 for Lone Oak Heights. 4. Diffley Road _ Change Order 01 - County Contract. It was determined during construction under County Contract 030-01, during the fall of 1983, that the existing material under the existing service drives is inadequate to provide the proper support. Therefore, the staff recommended a change order to remove approximately 4,300 cubic yards of poor sub -grade material to be replaced with granular back -fill at an additional cost of $30,000.00. Staff recommended approval with the understanding that the cost split will be on the basis of the normal City -County 45-55 cost participation. 5. Special Assessment Aide. It was recommended that Barbara Jean Thompson be hired as the special assessment aide in the Public Works Depart- • ment at a compensation benefit package as provided under the current union contract in the City policy, on a part time basis. 2 0 Council Minutes April 3, 1984 6. Westbury Addition - Model Home Permit Application. Applications have been received from Gabbert Development Company for building permits for model homes on Lots 2, 3, or 4, Block 3, Lots 1 and 2, Block 1, and a duplex unit on Lots 5 or 6 of Block 6. It was recommended that the application be approved with the understanding that there be no permanent occupancy until the final plat has been recorded. 7. Knob Hill of Fagan - Utility Easement Vacation. A petition has been received to vacate a small triangular segment of the utility easement to facilitate construction of a double garage for the townhouse development in Knob Hill of Eagan. Staff recommended that the public hearing be scheduled on May 1, 1984 at 7:00 p.m. at City Hall for the vacation as requested by the developer. 8. Lexington Square Addition -Grading Permit. It was recommended that an application for a grading permit for the first phase of Lexington Square Addition, incorporating approximately 42 acres be approved, subject to com- pliance with all City requirements. 9. Hillandale 2nd Addition - Grading Permit. An application had been received from the developers of Hillandale 2nd Addition for grading permit and the staff recommended approval subject to compliance with the City ordinance • requirements for the first phase. 10. Windtree 2nd Addition - Utility Easement Vacation. A petition has been received to vacate the common lot line drainage and utility easements over all lots within Windtree 2nd Addition with the exception of Lots 13 and 14 of Block 3. It was noted a replat has been approved for Windtree 2nd Addition into Windtree 3rd Addition and it was recommended that the Petition be received and that the public hearing be scheduled for May 1, 1984 at 7:00 p.m. at City Hall for such vacation purposes. Upon motion by Egan, seconded Smith, it was resolved that the foregoing consent agenda items be and they hereby are approved and authorized to be implemented by the City staff. All voted yea. SPERRY CORPORATION - TELEPHONE CATV- Mr. ABE Mr. Colbert brought before the Council a request on behalf of North- western Bell Telephone and Sperry Corporation regarding an application of Sperry for the use of public right-of-way on Washington Drive, adjacent to Yankee Doodle Road for the location of a telephone cable. It was proposed that the cable be installed by Northwestern Bell, but that Sperry will own the cable. The question deals with whether the City is authorized to allow and would allow the location of a utility cable in public right-of-way. Mr. Colbert had concerns about City employees not being familiar with who the owner would be for service and for record keeping purposes, the precedent in • the event of similar future applications and the Council asked the staff to research and return to the Council with a recommendation. 91 Council Minutes April 3, 1984 • WESTBURY ADDITION - PROJECT #396 - STREETS d, UTILITIES The public hearing regarding Project 0396 consisting of utility and street improvements to the Westbury Addition, Phase I, was convened by Mayor Bea Blomquist. After introduction of the project by Tom Colbert, Consulting Engineer, Bob Rosene, reviewed the preliminary report for the project dated February 28, 1984. He discussed the type of improvements and also the costs involved and the proposed assessments. The improvements will cover sanitary sewer, water, storm sewer and street improvements. Pat McCarthy, the neigh- boring property owner to the west, submitted a letter as one owner of that property, objecting to proposed assessments against the McCarthy land, noting it was for storm sewer trunk purposes only. Mr,. Rosene indicated that the assessments on the McCarthy property are being proposed because of the pro- jected outlet to the north, across Wescott Road. There were no other objec- tions. Egan moved, Thomas seconded the motion to close the hearing, to approve the project for the installation of streets and utilities and to authorize the preparation of plans and specifications. All voted yes. LEXINGTON AVENUE - PROJECT #395 - TRUNK YATERMAIN/BOOSTER STATION The next hearing that was convened by the Mayor consisted of a proposed booster station/trunk watermain under Project #395, along Lexington Avenue north of Diffley Road. Mr. Colbert and Mr. Rosene detailed the report of the consulting engineer's office of February 22, 1984, covering the trunk water - main services and booster station improvements, including costs and projected • assessments. Neil Houck, a neighboring owner, appeared and had concerns on his behalf and for other neighbors, about the amount of the assessments being proposed against their property. The Senior Citizens Deferral Ordinance provisions were discussed and there were no objections to the project. Smith moved, Egan seconded the motion to close the hearing, to order in the project and to authorize the preparation of detailed plans and specifications. All voted in favor. COACHMAN/POUR OAKS ROAD - PROJECT #348 - STREET The hearing regarding Project #348 covering street improvements on Coachman Road and Four Oaks Road, east of Highway #13 was next convened. The report was prepared by the City staff and Mr. Colbert gave a detailed report regarding the proposal. He indicated that the most recent traffic count on Four Oaks Road is 490 vehicles per day east of Highway #13, and also noted that all property on the west side of Coachman Road has either been developed or is in the process' of development. There was an appearance by an owner in the Coachman Oaks Condominium project, who indicated he favored the work, but suggested a pathway to the Univac property. Stuart Gibson who lived on Farnum Drive objected to proposed assessments to Four Oaks Court Association. It was proposed, to spread the cost estimate over all of the townhouse association property, noting that a portion of Four Oaks Road adjacent to the property, must be brought up to City standards. A representative of Fox Ridge was also presgpt and had questions only about the amounts of the assessments. There wereobjections to the project. Wachter moved, Smith seconded the motion to • close the 'public hearing, to order in the project as presented and to autho- rize the preparation of the plans and specifications. All voted yes. 4 Council Minutes • April 3, 1984 SPERRY/T1OMU.INE NOISE ISSUE Mayor Blomquist introduced the subject relating to the complaints from Timberline residents about the noise emission from the Sperry semi -conductor plant. Mr. Hedges gave some background and explained that there have been other discussion at City Council meetings, including October 4, 1983 and February 7, 1974. There were a large group of neighboring residents present, as was David Kelso who is in charge of the noise program with the Minnesota Pollution Control Agency and representatives of Sperry Corporation, including David Falstad and Ed Michaud. It was noted that on October 4, 1983, the City Council adopted a resolu- tion determining that Sperry was in violation of the R & D Zoning category provisions and requested that steps be taken to alleviate the noise and light problems. Some corrective measures have been taken by Sperry, including the installation of one noise attenuator and five diverters on the stacks leading from the plant. The Council on February 7, 1984 directed that noise studies be commenced and David Kelso of the PCA has taken noise tests on the site at least 4 times in recent months at the instruction of the City. It was under- stood that Dr. Rick VanDoern has taken tests on behalf of Sperry, as has Robert Fulton for the Timberline property owners. • At 'the February 7 meeting, the City Attorney was requested to provide a legal opinion as to potential remedies if the noise emission is not corrected, and the City Attorney, Paul Hauge, detailed the potential remedies outlined in his letter of March 30, 1984. They included no action, potential ordinance violations including Section 10.42 regarding PCA noise standards, nuisance violations, zoning violations under Chapter 11.20, injunctive relief, civil action by residential property owners and the request that additional noise consultants be hired by the City to determine whether violations have occurred. It was noted that Sperry Corporation did not present its noise emission findings at the meeting. David Kelso of the PCA reviewed his findings from his tests on February 22, February 29, March 3 and April 2, 1984. He stated that the Pollution Control Agency uses the A -Scale, noting that low frequency filters out the sound, where high frequency has the opposite effect. He stated that his findings from April 2, 1984 indicated relatively little change in noise levels on the scene but some change in the frequency. He stated the PCA would only determine whether the noise emissions fall within State guidelines, but that the City zoning ordinance is more restrictive relating to R & D Zoning. There was discussion concerning the types of data -collecting devices that were being used and he mentioned that hand-held meters are not intended to give permanent readings. He stated that the readings were higher on March 3, 1984 and that the PCA requires tests 4 to 6 feet off the ground and away from buildings to • avoid reflection, noting there is no jurisdiction that the PCA has indoors. He also indicated that the sounds become louder as the testing is higher off the ground, up to a certain level. 5 Council Minutes April 3, 1984 Ed Michaud of Sperry made a presentation and indicated the attenuators and diverters have now been installed and in his opinion, his information was that the attenuator reduced sound by 75%. There was discussion concerning the diverters and whether other material could be installed in the diverters to reduce the sound level. He reviewed several steps that could be taken, in- cluding the hiring of a noise expert, and overall study of the entire issue and micro -study of all sound emissions from the semi -conductor plant. Councilman Egan indicated he had serious problems concerning the noise levels being emitted from Sperry because there was no change in the levels after installation of equipment. J Tom Nikolai and Robert Fulton appeared regarding the sound recordings taken by Mr. Fulton on March 30, 1984 with the windows open in the Nikolai residence facing Sperry to the south. He showed oscilloscope pictures and also a bar graph reflecting the amount of sound emitted on stereo equipment that he installed in the Council chambers emitting sounds taken on March 30. John Custin, the Timberline Civic Association President, appeared and stated that • the DB levels are not the proper measure but rather the low frequency sound. He indicated that in his opinion, Sperry had not corrected the problem. Also Dan Rosini, a neighbor, spoke to the Council objecting to the noise. Councilman Egan stated that the City Council has been looking for some concrete steps to be taken by Sperry and requested that Sperry continue to find such methods to alleviate the noise. He also indicated that it was his _,opinion that the "negligible noise" is a problem for the neighboring residen- tial owners. Egan then moved that the City Attorney's office and the staff proceed to take whatever measures are necessary to determine whether Sperry is in violation of the Eagan Zoning provisions regarding R 8 D zoning, including the "negligible noise" provision, and shall determine what procedures the City may take to determine whether a violation of those zoning provisions has taken place, including the steps the City Council could take to proceed against Sperry Corporation; further, it was understood that the City staff, including the Police Department and Inspection Department, will assist in determining whether such alleged violations have taken place and submit a report include measurements covering the lower end of the scale so that the Council has a definite yard stick to measure whether such violations have taken place; further, that such findings will be submitted to the City Council, if possible, by the regular council meeting on April 17, 1984. Smith seconded the motion. All members voted in favor. • 0 Council Minutes • April 3, 1984 PERRY KRIFPER - CONDITIONAL USE PERMIT The application of Perry Keiffer for conditional use permit for commer- cial storage facility in A (Agricultural) Zoning District.on Dodd Road was submitted to the City Council. Dale Runkle explained the application to the Council, noting that the Advisory Planning Commission recommended approval at its meeting on January 24, 1984, subject to numerous conditions. Mr. Keiffer was present and indicated that the quonset hut, the barn and the pole barn are all being used for auto storage at the present time. He stated that vintage, antique and collectible cars were being stored on the property and that all are licensable, although some do not have licenses at the present time. Don Kline, a neighbor on Dodd Road, appeared and voiced concerns on his behalf and those of several neighbors regarding the number of junk -type cars on the property. He showed pictures of the vehicles, many with missing wheels, engines, etc. Councilmembers indicated that this is primarily a residential area and that it was a dangerous precedent if a permit is given to store cars that were inoperable, and also that the problem policing the use of the property would become fairly difficult. Egan moved, Wachter seconded the • motion to deny the application based upon the objections of the neighboring property owners, the precedent that it could create and the difficulty in policing the issue, noting that there appeared to be junk cars on the property at the present time. All voted in favor. CITY CODE UPDATE Mr. Hedges submitted to the Council and copies were included in the packet of Ordinance codification revisions. Copies of the proposed changes have been prepared by Municipal Codifiers, the City staff and the City Attorney's office. The Planning Commission has recommended approval of the revisions to Chapters it and 13, the Zoning and Subdivision sections. Upon motion by Thomas, seconded Wachter, it was resolved that the revisions as proposed by the City staff be and they herbey are approved and authorized to be published in the legal newspaper. All voted in favor. ADVISORY PLANKING COMMISSION - MEMBER Three persons have indicated they are candidates for the replacement of Scott Markley as the alternate on the Advisory Planning Commission, including Vic Ellison, Roy W. Taylor, Jr., and James D. Wannigman. Upon secret ballot, Roy Taylor, Jr. was elected as the alternate member on the Commission. Thomas moved, Smith seconded the motion to authorize the appointment of Roy Taylor, Jr. to the Commission for the balance of the current year. All voted in • favor. 7 Council Minutes April 3, 1984 • HOLD ADDITION - PRELIMINARY PLAY The application of Paul Holmes for preliminary plat approval of Holmes Addition containing 1 acre and consisting of two single family lots on Tower - view Road, south of LeMay Lake was brought before the Council. Mr. Runkle explained the action of the Advisory Planning Commission's approval, subject to numerous conditions. Paul Holmes was present. The Engineering staff recommended against maintenance beyond Quarry Lane if it is not upgraded at the present time. Mr, and Mrs. Ed Reid were present and objected to new road improvements and the proposed assessments at the present time. It was noted that the neighbors preferred less than a 10 foot setback variance if the houses can be positioned so as to minimize the variance for the setback of the proposed houses on the plat. The Council discussed whether an escrow should be acquired, noting special conditions about the location and the condition of the streets in the area. Smith moved, Thomas seconded the motion to approve the application, noting that normally an escrow for street improvements is required where the street upgrading does not take place, but because of the nature of the plat being small, and the uniqueness of the area, no escrow would be required, subject however, to the following conditions: 1. That no turnaround will be required on the east end of Towerview • Road and that no City maintenance of the street in front of Holmes Addition will be provided. 2. Adequate right-of-way shall be dedicated for Towerview Road as determined by the City. 3. A 10 foot front setback variance shall be granted for Lots 1 and 2 -of the proposed plat. 4. The plat shall be reviewed by the Department of natural Resources for their comments. 5. Park dedication shall be provided as requested by the Advisory Park Commission. 6. All other applicable ordinances shall be adhered to. 7. A detailed grading and erosion control plan shall be required to be submitted for approval. 8. .The existing 20 foot easement shall be dedicated as public right-of- way for Towerview Road. 9. A ponding easement shall be required to be dedicated to encompass the high water elevation of LeMay's Lake. • 91 Council Minutes April 3, 1984 • 10. This development shall be responsible for trunk area water and storm sewer asssessments at the rate in effect at the time of final platting. 11. All costs associated with public improvements shall be the sole responsibility of this development. 12. All easements shall be dedicated as required by staff in the Engi- neering Report. 13. No public improvements shall be extended along Towerview Road east of Quarry Lane at the present time, but at such time as Towerview Road, west of Quarry Lane is improved, the roadway adjacent to Holmes Addition, shall be upgraded and the benefit shall be assessed. All members voted yea. SONSB! 5T9 ADDITION - PRELIMINARY PLAT The application of Lexington South Associates for preliminary plat • approval in the Sunset 5th Addition then came before the Council. Dale Runkle, the City Planner, gave a resume of the proposal, including the pro- posed Yorkshire Place on the north side of Sunset 5th Addition and indicated that it was the understanding that the Missouri Synod Church at the corner of Dodd and Diffley Roads agreed to an easement over that church property for access to Dodd Road. The Planning Commission had recommended that direct access for the two lots with interior turnarounds be approved. Jim Curry and Brad Swenson were present and Mr. Curry indicated that the Baptist Church site had been moved easterly and the Missouri Synod Church owners have agreed to a street easement on the north side of Holmes Addition. Mr. Curry also re- quested preliminary concept approval of the development of the property to the west of Holmes Addition and .the Council reviewed the concept. Smith moved, Wachter seconded the motion to approve the general concept only, of the Lexington South property directly west of Holmes Addition. All voted in favor. Next, Egan moved, Smith seconded the motion to approve the applica- tion for preliminary plat approval of Sunset 5th Addition, subject to the following conditions: • 1. That each lot in the 5th Addition would be allowed an individual access with an interior turn -around. 2. That the surrounding land uses appear to warrant the location for an access road to the north on to Dodd Road. 3. The Council reaffirms the approval of the conditions for approval of the preliminary plat. 0 Council Minutes April 3, 1984 • 4. That the preliminary plat be conditioned upon written committment from the owner to the north, that it will convey a 60 foot road easement. All voted yes. TIBEHON 1ST ADDITION - SIDE SETBACK VARIANCE The application of J. E. Parranto Associates for a 20 foot side setback variance for Lot 26, Block 1, Tiberon lst Addition was submitted. Mr. Runkle explained the request, noting the proposal is to locate a home within 30 feet of the right-of-way line of Johnny Cake Ridge Addition or 56 feet from the curb of Johnny Cake Ridge Road. Normally the collector street requires a 40 foot setback, but in this instance a 50 foot setback for Johnny Cake Ridge Road, regarding the condition in the Planned Development Agreement for the subdivision. John Parranto was present and there were no objections to the application. Smith moved, Thomas seconded the motion to authorize the vari- ance up to 29 feet, subject to the following conditions: 1. The applicant shall meet as closely as possible the side setback • requirement from Johnny Cake Ridge Road. 2. All other setbacks shall -be met and all other ordinance requiremnts shall be adhered to. All voted in favor. ROLF F. ANDERSON - SIDE SETBACK VARIANCE WILDERNESS RON 6TH ADDITION The application of Mr. and Mrs. Rolf F. Anderson for side setback vari- ance of two feet on Lot 11, Block 1, Wilderness Run 6th Addition was sub- mitted. It was noted the home has been constructed and a two foot side setback variance is requested for a corner of the house along the east side, noting it would be a hardship to make any changes at the present time. Mrs. Anderson was present and there were no objections. Thomas moved, Wachter seconded the motion to approve the application, subject to compliance with City ordinances. All voted in favor. FAWN RIDGE - FINAL PLAT The application of Countryside Builders for final plat approval of Fawn Ridge was submitted to the Council. Mr. Colbert indicated that the financial security requirements have not been met by the developer and recommended • indefinite continuance. Egan moved, Wachter seconded the motion to approve the recommendation of Mr. Colbert. All voted in favor. 10 Council Minutes • April 3, 1984 WESTBURY ADDITION - FINAL PLAT The application of Gabbert Development Company for final plat approval of the first phase of Westbury Addition was presented to the Councilmembers. There were no objections and Mr. Colbert indicated that all City requirements have been met. Egan moved, Wachter seconded the motion to approve the appli- cation for final plat approval and authorize the City Clerk and Mayor to execute the related documents. All voted yes. SUPER AMERICA - FINAL PLAT The application of Ashland 011 Corporation for final plat approval of Super America Addition at the southwest corner of Pilot Knob Road and Yankee Doodle Road was brought before the Council. A representative of Super America was present and the staff recommended approval noting that the City ordinance requirements have been complied with. Smith moved, Thomas seconded the motion to approve the final plat application and authorize the signing of the neces- sary documents. All voted yes. BER&SBIBE PONDS - FINAL PLAT • The next application for final plat approval that was presented was that of Berkshire Ponds by Derrick Land_Company. Staff recommended approval, noting that all ordinance requirements have been met. Wachter moved, Egan seconded the motion to approve the application for final plat approval of Berkshire Ponds. All voted yes. CONTRACT #84-8 - HSSlBURY ADDITION - STREETS AND UTILITIES The plans have been prepared and submitted for approval to the City Council and it was recommended that the Council schedule a hearing authorizing the advertisement of bids for the project. Thomas moved, Egan seconded the motion to approve the plans and specifications and authorize the advertisement for bid opening to be held on April 27, 1984 at 10:30 a.m. at the Eagan City Hall. All voted yes. The bids have now been received and opened on March 6, 1984 for the painting.of the Yankee Doodle water reservoir with an alternate for the paint- ing of the City of Eagan name on the tank. It was recommended that the name be painted vertically, rather than horizontally because of the rib structure of the tank. Wachter moved, Thomas seconded the motion to approve.the low bid • of Rainbow, Inc. in the sum of $34,320.00 plus alternate No. 1 of $3,600.00 with the understanding that the staff will explore alternate ways of painting the name of the City on the tank. All voted in favor. 11 Council Minutes April 3, 1984 Hkamom DRm - STREET DwRommTS - PROJECT /406 A petition has been received from Cary King requesting a feasibility. study for the installation of streets and utilities within Hackmore Drive between Sunset 1st and 2nd Addition and Northview Meadows Addition. It was noted that Mr. King is the owner of about 25% of the proposed assessable area and it is projected that there may be objections from neighboring property owners. Smith moved, Wachter seconded the motion to receive the Petition and authorize the preparation of a feasibU ty report for Project #406, subject to payment of the necessary feasibility report preparation expenses by Mr. King in the event that the Council does not proceed with the project at the present time. All voted yes. 0 Tom Colbert submitted a copy of two notices that had been received by the Minnesota Department of Transportation for the scheduled closing of Yankee Doodle Road at Interstate 35E beginning April 16 and Diffley Road at the intersection of Intersection 35E beginning April 23, 1984. He noted also that Diffley Road, between Blackhawk Road and Nicola Road will be closed and • Councilmembers discussed alternates for MTC routes, including Carnelian Lane or the Beau D' Rue Road in the Cedarvale Shopping Center area. Noting the residential nature of Carnelian Lane, Wachter moved, Blomquist seconded the motion to direct that MTC buses be routed, for detour purposes, through the streets surrounding Cedarvale, rather than Carnelian Lane, while Diffley Road is closed. All voted in favor. LONE OAK TREE Councilman Wachter and City Administrator Hedges discussed their findings regarding the preservation of the tree wood of Lone Oak tree and recommended that mobil-cer be authorized' for preservation purposes. Egan moved, Thomas seconded the motion to authorize the use of the preservative on the wood and further, that Mr. Wachter and Mr. Hedges be directed to further investigate the eventual uses for the wood. All voted yes. PROPOSED CITY HALL HELL Councilman Wachter reported that he and Tom Hedges had met with Mrs. Sachowitz concerning the potential sale of an Eagan school bell to the City and an offer to sell has been made by Mrs. Sackowitz in the sum of $1,000.00. After discussion, noting that there is no specific funding for the bell, Blomquist moved, Thomas seconded the motion to offer the sum of $700.00 for • the purchase of the bell. All voted in favor. 12 Council Minutes • April 3, 1984 • �J ___. _, .1. .. RAGAN DEER POPULATION Mr. Wachter indicated that there appear to be some fairly large herds of deer throughout the City and recommended the DNA be contacted to investigate whether bow hunting, in order to weed out the deer population, would be advisable. Wachter moved, Thomas seconded the motion to authorize the contact with the Department of Natural Resources to make such investigation and report back to the Council. Those in favor were Wachter, Thomas and Smith; those against were Blomquist and Egan. ORDINANCE - City Attorney Paul Hauge submitted a proposed Resolution to the Council authorizing an abridged version of the publication of certain revisions to City ordinances that had been approved by the City Council at its April 4, 1984 meeting. Smith moved, Egan seconded the motion to approve the Resolution and authorize the publication of the ordinances as proposed. All voted in favor. Egan moved, Smith seconded the motion to approve the following Checklist dated: All voted yea. L 11Vi ;1.i ,R Upon motion duly made and seconded, the meeting adjourned at 12:20 a.m. PHH 13 City Clerk