03/04/1986 - City Council RegularAGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
CITY HALL
MARCH 4, 1986
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE
II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES
III. 6:40 - DEPARTMENT HEAD BUSINESS
T1 A. Fire Department P.i D. Public Works Department
p, / B. Police Department e1 1E. Cable Commission
)0./
IV/C. Parks & Recreation Department
6:55 - CONSENT AGENDA
2, A. Contractor Licenses
,� B. Personnel Items
C. One -Day, Consumption & Display License, St. John Neumann Church
P,9 D. Vacate Utility Easement, Receive Petition/Order Public Hearing
P (Lone Oak Addition)
n,9 E. Approve Joint Powers Agreement with Four Cities for Cooperative
Traffic Lane Striping Contract
P .9 :F. Approve Conveyance of Easement to Northern Natural Gas Company for
Pressure Station
P.i/ G. Six -Month Extension to Preliminary Plat, Overbill Farm 2nd
Addition (David Dehler)
p / 2- H. Optimist C1ub.Proclamation of April 7-11 as "Youth Appreciation
/ Week"
I. Appr,.ve Grading Permit #EX -18-016, Silver Bell Center (Dallas
;! Developments)
V. 7:00 - PUBLIC HEARINGS
/j A. Final Assessment Hearing, Project 414 (Pine Ridge Drive - Streets)
/p./7 B. Final Assessment Hearing, Project 428 (Cedarvale Industrial Park -
Trunk Storm Sewer)
P d/ C. Final Assessment Hearing, Project 437 (Windtree 4th Addition -
Streets & Utilities)
9 2/ D. Final Assessment Hearing, Project 438 (Lexington Place South -
/ Streets)
F,13 E. Public Hearing, Project 454 (Addendum, Ashbury Road - Trailway,
Pond Elevation & Excavation)
P3 3 F. Public Hearing, Project 465 (Rahn Ridge - Trunk Storm Sewer)
.If3 G. Public Hearing, Project 452 (Beryl Pond - Storm Sewer Outlet)
/ Continued from February 4, 1986
VI. OLD BUSINESS
T,(o( A. Tollefson Builders for Review & Consideration of Contractor's
License Suspension
f.75 B. Conditional Use Permit Reconsideration, Hong Wong Restaurant (Cedar
/ 8 /
Cliff Shopping Center) to Allow On -Sale Liquor License
P. C. On -Sale Liquor License for Hong Wong Restaurant - Cedar Cliff
Shopping Center)
D. Preliminary Plat Consisting of Approximately 2.1 Acres and
Containing 1 Strip Commercial Facility with 18,620 S.F. Strip/
Retail Center and a Conditional Use Permit for a Drive -Through
Restaurant Facility and a Pylon Sign (K Charles Development
Corporation) Located South of Duckwood Drive and East of Krestwood
Lane, NW 1/4 of Section 15
E. Conditional Use Permit for Above -Ground Liquid Storage Tanks (Airco
Industrial Gases) Located on 2.3 Acres on Lot 5 of Robert O'Neill
Homestead, Located North of T.H. 55 and Dodd Road, SE 1/4 of
Section 2 (Continued from February 18, 1986, City Council meeting)
VII. NEW BUSINESS
p /03 A. Variance (Johnson -Reiland Construction, Inc.) to a 15' Sideyard
/ Setback on an Estate Zoned Lot 5, Block 1, Oak Chase 5th Addition,
Located at Oak Chase Road and Oak Chase Lane, Part of SE 1/4 of
Section 27
p./8 B. Special Permit (Burton & Mayone Eppen) to Allow a Nursery School
for No More Than 10 Students Located at 1658 Woodgate Lane, Lot 12,
Block 1, Mallard Park, Part of the SW 1/4 of Section 28
P.18 C. Waiver of Plat to Split Outlbt F in the Lone Oak Addition (Laukka-
Beck) Located Lone Oak Road & T.H. 149, SW 1/4 of Section 1
VIII. ADDITIONAL ITEMS
)V-114 A. Parks Dedication Ordinance Review
/2-3 B. Contract 86-3, Receive Bids/Award Contract (Ashbury Road - Streets)
C. Maintenance Equipment, Receive Bids/Authorize Purchase (Sewer
Jetter & Vacuum Pump)
17./Z 7 D. Street Name Designation, I -35E & Deerwood Drive Frontage Road
E. Consideration to Ratify Collective Bargaining Contracts
IR. VISITORS TO BE HEARD (for those persons not on the agenda)
X. ADJOURNMENT
0
MEMO TO:. HONORABLE MAYOR,& CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: FEBRUARY 26, 1986
SUBJECT: AGENDA INFORMATION
After approval is given to the March 4, 1986, agenda and regular
City Council meeting minutes for the February 18 meeting., the
following items are in order for consideration:
DEPARTMENT HEAD ',BUSINESS
A. FIRE DEPARTMENT
There are no items to be considered under Fire Department at this
time.
B. POLICE DEPARTMENT
There are no items to be considered under Police Department at
this time.
C. PARKS & RECREATION DEPARTMENT
There are no items to be considered for the Parks & Recreation
Department at this time.
D. PUBLIC WORI:S DEPARTMENT
There are no. items to be considered under Public Works Department
at '--his time.
E. CABLE COMJdJISSION
There are no items to be considered for the Cable Commission at
this time.
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Two
CONSENT AGENDA
There are nine ( 9 ) items on the agenda referred to as
Consent Items requiring one (1) motion by the City Council. If
the City Council wishes to discuss any of the items in further
detail, those items should be removed from the Consent Agenda
and placed under Additional Items unless the discussion required
is brief.
CONTRACTOR LICENSE
A. Contractor License --Attached on page 3 is a list of
contractors who are renewing or who have been selected and retained
as the builder by a customer either living in or planning to reside
within the City of Eagan. These contractors have references from
other municipalities or their client permit applications are
awaiting City Council approval for a contractor license.
ACTION TO BE CONSIDERED ON THIS ,ITEM: To approve the list of
contractor licenses as presented.
N
GENERAL CONTRACTORS
1. BAR -ETT CONSTRUCTION CO
2. MARICK BLDRS
3. ROTTLUND CO INC
4. AL SMISEK BLDRS INC
5. VARLEY CONSTRUCTION
6. STRAUS CONSTRUCTION INC
HEATING/VENTILATING
® 1. ECONOMY GAS INSTALLERS
2. HEAT N COOL INC
3. P J PLBG-& HTG
PLUMBING
1. BAARS PLBG & HTG
2. K'S MECHANICAL
3. BRUCE NELSON PLBG & HTG
4. DALE SORENSON_CO
5. GREGG WERNER PLBG
CONTRACTORS' LICENSE
MARCH 41 1986
1
3
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Three
PERSONNEL ITEMS
B. PERSONNEL ITEMS
There are ,four (4) personnel items to be given consideration:
1. Clerk Typist/Parks & Recreation/Protective Inspections --
Official action was taken at the February 18, 1986 City Council
meeting to appoint Mary Weathers as Clerk Typist for the Parks
and: Recreation/Protective Inspections Departments. The City has
been contacted by Ms. Weathers and she has indicated that she
has decided to accept another job offer.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the notifica-
tion by Mary Weathers that she will not be accepting the position
of Clerk Typist with the City.
2. Engineering Tech II --A letter of resignation was received
by the City on February 18, 1986 from Mr. Scott M. Merkley. Mr.
Merkley's last day of employment with the City will be March 7,
1986. Therefore it will be necessary to advertise to fill this
vacancy.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation
of Scott M. Merkley and authorize the advertisement for a new
Engineering Tech II.
3. Clerk_ Typist/Parks & Recreation/Protective Inspections
Departments --Interviews and testing were held for this position
by Park and Recreation Director Vraa, Park Planner Sullivan and
Administrative Assistant Duffy. It is their recommendation that
Barbara Sellars be appointed to fill this vacant position. The
effective date of this appointment is February 24, 1986. Ms.
Sellars has already successfully completed the City's physical
examination requirement.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointment
of Barbara Sellars as Clerk Typist for the Parks and Recrea-
tion/Protective Inspections Departments, the appointment to be
effective February 24, 1986.
4.. Clerk Typist/Pool (Administration) --Interviews and testing
were conducted by Administrative Secretary Finnegan and
Administrative Assistant Duffy in order to fill the vacant four
hour position in the Typing Pool for Administration. Eight
applications were received for this position and five applicants
went through the testing and interview process. It is the recom-
mendation that J. Marl.ynn Carriere be hired to fill this vacancy.
The effective starting date for Ms. Carriere would be March 5,
1986 and would be dependent upon successful completion of the
u
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Four
City's physical examination requirement.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointment
of J. Mar-lynn Carriere as part-time Clerk Typist (4 hours) for
the Typing Pool within Administration, the appointment to be
effective March 5, 1986, and to be contingent upon successful
completion of the City's physical examination requirement.
5
is
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Five
ON -SALE BEER LICENSE -ST. JOHN NEUMANN CHURCH
C. One Day Consumption and Display License for St. John Neumann
Church --An application was presented by St. John Neumann Church
for aconsumption and "display license. The church is sponsoring
a dance on March 15 and would like the ability to offer 3.,2 on -sale
beer. The application was signed by Gerald Frier a resident of
40310 Pilot Knob Road and the designated chairperson or.manager
of the dance is Doris Wilkens who resides at 4225Pilot Knob Road.
The dance will be held at St. John Neumann Church on the date
as stated. For a copy of the application refer to pages
through k -
ACTION TO BE CONSIDERED ON THE ITEM: To approve a one -day,
consumption display license for St. John Neumann Church on March
15, 1986.
N1
CITY OF EAGAN
3939 PILOT KNOB ROAD -
P.O. BOX 21190 CITY OF EAGAN
EAGAN, MINNESOTA 55121 APPLICATION FOR CONSUMPTION & DISPLAY - ONE DAY LICENSE
Fee: aS,00 Date Submitted: C:V-�
�7 a0 1
MVPff
Reason For Event: t � � _� G 0 ►0 0 : r 0 yi 0
Date of Event: hI cup—CA lx -l'? 7L
Name of Non -Profit Organization: L L. ao ho� Tj]Fa � �_r h e.Z( h1 Gr A/•A,"
A. The following is to be completed by the duly authorized officer of the
organization:
1. TRUE NAME: �P / F_ V EP
2. RESIDENCE ADDRESS:
3. DATE OF BIRTH: 3 jl 4. PLACE OF BIRTH:
• Month Da Year City State
5. Have you ever been convicted of any crime other than a traffic offense?
Yes No_)(
If yes, explain: -
B. The following is to be completed by the designated Chairperson/Manager
of the event: 11
1. TRUE NAME: rA�1' 1 r S
2. RESIDENCE ADDRESS: '%`oZ l,, T K�.� l� d!d �/ fi�V �h/✓ s-�,2
3. DATE OF BIRTH: 4. PLACE OF BIRTH:
• Month ay Year City State
5. Have you ever been convicted of any crime other than a traffic offense?
Yes No_X_
If Yes, explain:
6. How long have you been a member of the organization? S zr R S
ORGANIZATION INFORMATION:
1. Address where regular meetings are held:/?2 3,4 y,167-k�VOb 7(L_ Fq� �V
Street City
2. Day and time of meetings: Y Cv kl i o w S
3. Is the applicant organization organized -under the laws of the State of
Minnesota? Yes No
4. Hoa long has the organization been in existence?
5. How many members in the organisation,> 5
Consumption & Display Application
Page Two
ORGANIZATION INFORMATION (continued)
6. What is the purpose of the organization? �lt�la 7a� S
7. Officers of the Organization:
ADDRESS (street/city/zip)
TITLE
74x e,
8. Give the names of any other persons paid for services to the organization:
NAME ADDRESS (street/city/zip) TITLE
S E'er ilsn r r�71/� l�cihFT .ALO 3e /e t n r� �2 rid h7 y ' �a�n� Ir n..To P�
%Ylu,Pce %2�y;5 �fc5'`fd.�i�.vez��.✓ �.�, ��fi� S'i9 SeGx.P ia.r�
9. In whose custody are organization records kept? 1
NAME: ccNC &, % Rea -; G ADDRESS:�(j36p / r1(;oO ,ec2
Street/City/State/Zip.
Business Telephone Number: ,Sg` 67 Home Telephone Number:
THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD THE CITY OF EAGAN HARMLESS FROM
ANY AND ALL CIAIMS OR SUITS INCLLDING ATTORNEY FEES AND OTHER DEFENSE COSTS, WHICH
THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANT OF
THISS CONSUMPTION% AND DISPLAY - ONE DAY LICENSE.
I,f 1'e ,�. fi/d /i �,_ // , and I,
Name of Authorized OtticerofOrg. Name ot EWent Manager
hereby submit in duplicate this application for a consumption and display - one
day -cense in accordane with the Eagan City Code, Chapter 5, Section 5.80, and
Minhesota Statutes
Signature -Officer Signature - ftatzperse /Manager
POLICE APPROVAL: Yes ) No ( ) SIG _ _ DATED -2 -
CITY COUNCIL APPROVAL: Yes ( ) No ( ) SIGNED DATED
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Six
•RECEIVE PETITION/ORDER PUBLIC HEARING
D. Vacate Utility Easement, Receive Petition and Order the Public
Hearing for Lone Oak Addition --We have received a petition to
vacate a common lot line drainage and utility easement that was
dedicated around the perimeter of Outlot F, Lone Oak Addition,
adjacent to the Lone Oak Trinity Lutheran Church. Lone Oak Trinity
Church will be acquiring a 150 foot strip of land adjacent to
its east property line from Outlot F and will be reconveying
comparible common lot line drainage and utility easements as a
condition of the City vacating the existing easements..
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition
vacating the utility easement (Lone Oak Addition) and order the
public hearing to be held April 1, 1986.
APPROVE JOINT POWERS AGREEMENT
E. Approve Joint Powers Agreement with Four Cities for Cooperative
Traffic Lane Striping Contract --The cities of Eagan, Burnsville,
Apple Valley, and Rosemount have prepared a Joint Powers Agreement
allowing for a cooperative contract for traffic lane striping
to be performed on an annual basis. Through past practice and
the economy of scales theory, the City of Eagan have experienced
very favorable _bids by having our traffic lane striping performed
through this Joint Powers Agreement.. This new agreement has to
be prepared to allow the incorporation of the city of Rosemount
in response to their similar desires.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve a Joint Powers
Agreement with four communities for cooperative traffic lane strip-
ing.contract.
CONVEYANCE OF EASEMENT/NORTHERN NATURAL GAS COMPANY
F. Approve Conveyance of Easement to Northern Natural Gas Company
for Pressure Station --As the Council may recall, in September
of 1984, the previous 25 year lease to the Northern Natural Gas
Company for their pumping facility near the water treatment plant
expired. In response to NNG Company's request to extend the lease
agreement, the City directed the Public Works Director to investi-
gate if any compensation could or should be negotiated as a part
of that lease extension agreement..
II
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Seven
During the past 18 months, the Public Works Director has worked
diligently with representatives of the NNG Company in trying to
resolve concerns pertaining to the aesthetics of the existing
facility. As a result of those negotiations, NNG Company
constructed an all brick perimeter enclosure with an iron gate
entrance at a cost of approximately $24,000. They also repainted
and refurbished all their existing above ground equipment. As
a result of their cooperative response and capital expenditures,
the Public Works Director is recommending that the Council approve
an Easement Deed conveying to Northern Natural Gas Company the
right to maintain and operate their existing facility for a term
of 50 years expiring on November 30, 2035. They have provided
adequate certificates of survey and all other material required •
by the City of Eagan in consideration of this lease extention.
ACTION TO BE CONSIDERED ON THIS ITEM: Approve an easement to
Norther Natural Gas Company for a period of 50 years allowing
them to operate and maintain their existing pressure station
facilities on Coachman Road near the water treatment plant and
authorize the Mayor and City Clerk to execute all related documents.
•
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Eight
PRELIMINARY PLAT EXTENSION REQUEST/OVERHSLL.FARM 2ND ADDITION,
G. Preliminary Plat Extension 'Request for Overhill Farm 2nd
Addition --,Staff received a request from a developer, David Dehler
of Overhill Properties; Inc., requesting an extension for the
preliminary plat approval for Over -hill Farm 2nd Addition to
September 19 1986. The preliminary plat approval period on
this property expires March 19, 1986. This is the first request
for preliminary plat extension.
The property is in
the process of
being sold and the buyer
intends
to continue use of
the preliminary plat already approved.
The
extension is being
requestedin
order to complete the
final
plat and begin work
on the project
this spring. Staff has suggested
that the developer
be present to
answer any questions the
Council
may have.
ACTION TO BE CONSIDERED ON THIS
for preliminary plat extension
to September 19, 1986.
•
ITEM: To approve/deny the request
for Overhill Farm 2nd Addition
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Nine
OPTIMIST CLUB PROCLAMATION
H. Optimist Club Proclomation of April 7 - 11 is Youth Appreciation
Week --Enclosed on page / �5 is a copy of a letter from Michael
Schultz, Charter President of the Eagan Optomist Club, requesting
that the City proclaim the week of April 7-11 as Youth Appreciation
Week.
ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the Optomist
Club proclamation of April 7-11 as Youth Appreciation Week.
0
/v
•
•
TOP
TOP BUSINESS
TOPSERVICES
February 14, 1988
Mayor Bea Blomqulst
Eagan City Hall
Post Office Box 21-199
Eagan, Minnesota 55121
Dear Mayor Blomqulst:
The Optimist Club of Eagan has declared the week of April 7, 1988 to
April 11, 1985 as Youth Appreciation Week. This week Is set aside to
recognize youth activities such as heroism, church work, tutoring of
retarded children, volunteerism, outstanding school achievement and
many others.
We will be requesting nominations for recognition of outstanding youth
from church, school and civic officials. During an evening ceremony
on April 10, 1980 we will name the outstanding youth of Eagan.
We would be honored If you could be at this ceremony to present this
award. We would also be honored If you would make a proclamation
naming the week of April 7, 1988 as Youth Appreciation Week.
Thank you for your support of the Optimist Club of Eagan.
Sincerely,
i
Alchael Sc uitz, Jr.
Chairman, Charter President
A MS: das
,
612/452-7510
1125 AQUARIUS LANE /3
EAGAN, MINNESOTA 55123
Agenda Information Memo
March 4, 19'86, City Council Meeting
Page Ten
GRADING PERMIT #EX -18-016, SILVER BELL CENTER
I. Approve Grading Permit #EX -18-016, Silver Bell Center (Dallas
Development) --We have received an application for a grading permit
in conjunct -ion with the recently approved preliminary plat of
the Silver Bell Center located NW of Highway 13 and Silver Bell
Road. All application materials, plans and fees have been submit-
ted, reviewed by staff, and found to be in order for favorable
Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Grading Permit
#EX -18-016 (Silver Bell Center) as submitted by Dallas Development.
•
n
U
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Eleven
PROJECT 414, FINAL ASSESSMENT HEARING
A. Final Assessment Hearing, Project 414 (Pine Ridge Drive -
Streets) --On February 4, the Final Assessment Roll for Project
414 was presented to the City Council with the Final Assessment
Hearing scheduled for March 4, 1986. Enclosed on page
is a summary tabulation of the final assessment rates as compared
to those quoted in the feasibility report presented at the public
bearing held on August 6, 1985.
All notices have been published in the legal newspaper and sent ®,
to the affected property owners informing them of the public hearing
to be held on March 4, 1986.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and to approve/modify the Final Assessment Roll for Project 414
(Pine Ridge Drive -Streets) and authorize the certification to
the County for collection of unpaid assessments to be spread over
15 years at 9.08 interest.
15'
FINAL ASSESSMENT HEARING
PROJECT NO:
NUMBER OF.YEARS ASSESSED: 15 Years
RATE OF INTEREST: 9%
TOTAL AMOUNT ASSESSED: $19,899.33
CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-23
PUBLIC HEARING DATE: August 6. 1985
��O
SUBDIVISION/AREA: PINE
RIDGE DRIVE
FINAL ASSESSMEENT HEARING:
MARCH 4, 1986
IMPROVEMENTS INSTALLED AND/`OR'ASSESSED:
F. R. = Feasibility Report
FINAL
F.R.
FINAL
F.R.
WATER RATES
RATES SANITARY
RATES
RATES
Area
0
Area
®�
Laterals
n
Laterals
ElService
Service'
Lat. Benefit/Trunk
F-1
Lat. Benefit/Trunk
STORM
STREETS
Area
Gravel Base
Cj
Laterals
O
Surfacing
$1, 421.38 Lot
$1,708 Lot
DRes.
Equiv.
®
NUMBER OF PARCELS AFFECTED:
14
NUMBER OF.YEARS ASSESSED: 15 Years
RATE OF INTEREST: 9%
TOTAL AMOUNT ASSESSED: $19,899.33
CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-23
PUBLIC HEARING DATE: August 6. 1985
��O
Agenda Information Memo
March 4, 1986., City Council Meeting
Page Twelve
PROJECT 428, FINAL ASSESSMENT HEARING
B. Final Assessment Hearing,, Project 428 (Cedarvale Industrial
Park -Trunk Storm Sewer) --On February 4, the Final Assessment Roll
for Project 428 was presented to the City Council with the Final
Assessment Hearing scheduled for March 4, 1986. Enclosed on page
is a summary tabulation of the final assessment rates
as compared to those quoted in the feasibility report presented
at the public hearing 'held on February 19, 1985. Although this
project incorporated the construction of Blackhawk Road to Kennebec
Drive in addition to the trunk area storm sewer, only the trunk
area storm .sewer is being assessed at this time with the street
construction to be assessed upon final completion during the summer
of 1986. For the trunk area storm sewer assessment portion, the
final assessment rates are the same as the feasibility report
rates. However, due to subdivisions that may have occurred during
the past year and additional detailed information pertaining, to
assessable area for several parcels, the final assessment obliga-
tion for some parcels may be slightly different then what was
contained in the preliminary assessment roll.
All notices have been published in the legal newspaper and sent
to the affected property owners informing them of the public hearing
to be held on March 4., 1986.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and to approve/modify the Final Assessment Roll for Project 428
(Cedar Industrial Park -Trunk Area Storm Sewer) and authorize the
• certification at the County for collection of unpaid assessments
to be spread over 15 years at 9.0% interest.
17
FINAL ASSESSMENT HEARING
PROJECT NO: 428
SUBDIVISION/AREA: Cedar Industrial Park Trunk Area Storm Sewer (Only)
FINAL ASSESSMEENT HEARING: March 4, 1986
IMPROVEMENTS INSTALLED AND/OR.ASSESSED:
F. R. = Feasibility Report
FINAL - F.R.
WATER RATES RATES
QArea
Laterals
® 0 Service
Lat. Benefit/Trunk
STORM $0.048 $0.048
Area $0.072 $0.072
Laterals
FINAL F. R.
SANITARY RATES RATES
Area
Laterals
Service
Lat.-Benefit/Trunk
STREETS
❑ Gravel Base
E] Surfacing
RRes. Equiv.
NUMBER OF PARCELS AFFECTED: 96
NUMBER OF YEARS ASSESSED: 15 years
RATE OF INTEREST: 9%
TOTAL AMOUNT ASSESSED: $829,051.42
CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-5
PUBLIC HEARING DATE: February 19, 1985
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Thirteen
PROJECT 437, FINAL ASSESSMENT'HEARING
C. Final Assessment Hearing, Project 437 (Windtree 4th Addition -
Streets & Utilities) --On February 4, the Final Assessment Roll
for Project 437 was presented to the City Council with the Final
Assessment Hearing scheduled for March 4, 1986. Enclosed on page
ZJ _ is a summary tabulation of the final assessment rates as
compared to those quoted in the feasibility report presented at
the public hearing held on May 7, 1985. Final assessment rates
are substantially less then the estimated cost presented at the
original public hearing.
All notices have been published in the legal newspaper and sent
to affected property owners informing them of the public hearing
to be held on March 4, 1986. In addition, a letter of explanation
pertaining to escrow agreements was forwarded to new homeowners
informing them to contact their escrow agent regarding payment
for this proposed assessment.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and approve/modify the Final Assessment Roll for Project 437
(Windtree 4th Addition -Streets & Utilities) and authorize the
certification to the County for collection of unpaid assessments
to be spread over 5 years at 9.0% interest.
FINAL ASSESSMENT HEARING
PROJECT NO: 437
SUBDIVISION/AREA: Windtree 4th Addition
FINAL ASSESSMEENT HEARING: March 4, 1986
IMPROVEMENTS INSTALLED AND/OR -,ASSESSED:
F. R. = Feasibility Report,," -
FINAL F.R.
WATER RATES RATES
QArea
L3 Laterals $1,295.95/Lot $1,709/Lot
QD Service 744.85/Lot 1,025/Lot
E] Lat. Benefit/Trunk
STORM
�X Area $ 677.33/Lot $702/Lot
Laterals $1,463.83/Lot $1,748/Lot
NUMBER OF PARCELS AFFECTED: 23
FINAL F. R.
SANITARY RATES RATES
Area
7--Eaterals $1,259.66/Lot $2,099/Lot
Service
Lat. Benefit/Trunk
STREETS
IJ Gravel Base $3,159.48/Lot $4,302/Lot
OSurfacing
Res. Equiv.
NUMBER OF YEARS ASSESSED: 5 years -�
RATE OF INTEREST: 9/
TOTAL AMOUNT ASSESSED: $197,824.91
CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: Contract 85-11
PUBLIC HEARING DATE: May 7, 1985
Agenda Information Memo
March 4, 19'816, City Council Meeting
Page Fourteen
PROJECT 438, FINAL ASSESSMENT HEARING
D. Final Assessment Hearing, Project 438 (Lexington Place South -
Streets) --On February 4, the Final Assessment. Roll for Project
438 was presented to the City Council with the Final Assessment
Hearing scheduled for March 4, 1986. Enclosed on page 7-7--
is
7iis a summary tabulation of the final assessment rate compared
to those quoted in the feasibility report presented at the public
hearing held on May 7, 1985. Although the preliminary assessment
roll contained in the feasibility report estimated the cost to
be spread equally on a per lot basis, the Final Assessment Roll
was prepared spreading the assessments on a front footage basis
• in response to the written request of the developers affected.
For comparative purposes, if the final assessment had been spread
equally on a per lot basis similar to the feasibility report,
it would reflect a substantial reduction in the amount of the
proposed assessments.
All notices have been published in the legal newspaper and sent
to the affected property owners informing them of the public hearing
to be held on March 4, 1986. In addition, a letter of explanation
pertaining to escrow arrangements was forwarded to new homeowners
informing them to contact their escrow agents regarding payment
of this proposed final assessment.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and to approve/modify the Final Assessment Roll for Project 438
(Lexington Place South-Streeets) and authorize certification to
• the County for unpaid assessments to be spread over 5 years at
9.0% interest.
ai
FINAL ASSESSMENT HEARING
PROJECT NO: 438
SUBDIVISION/AREA: Lexington Place South
FINAL ASSESSMEENT HEARING: March 4, 1986
IMPROVEMENTS INSTALLED AND'/ORASSESSED:
F. R. = Feasibility Rep
tiY[
FINAL F.R.
WATER RATES RATES
Lf Area
® E) Laterals
Service
Lat. Benefit/Trunk
STORM
Area
Laterals
FINAL
SANITARY RATES
Area
Laterals
Service
Lat. Benefit/Trunk
STREETS
Gravel Base
❑X Surfacing
Res. Equiv.
. I1
NUMBER OF PARCELS AFFECTED: 134
NUMBER OF YEARS ASSESSED: 5 years
RATE OF INTEREST• 9%
TOTAL AMOUNT ASSESSED: $231,733.22
CONSTRUCTED UNDER THE FOLLOWING CONTRACTS:
PUBLIC HEARING DATE: Ma 7 1985
85-12
F. R.
RATES
$1729.35 Lot
$24.80 FF $1,993 Lot
Y
* $1729.35 would be the per lot assessment if divided equally on a per lot
basis as per the feasibility report.
zy
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Fifteen
PROJECT 454, PUBLIC HEARING
E. Public Hearing, Project 4`54 (Addendum, Ashbury Road - Trailway,
Pond Elevation & Excavation)' --On December 3, 1985, the public
hearing was held to discuss the installation of streets and
utilities for Ashbury Road construction from Blackhawk Glen to
Blue Cross Road. As a result of this project being approved at
that public hearing, continued discussions with the major developer,
Sienna Corporation and Blue Cross/Blue Shield resulted in some
modifications pertaining to the excavation and placement of excess
material to the benefit of certain landowners. In addition to
modifying various pond elevations to maximize the control of water
• depth and the need to continue the sidewalk/trailway from the
Blackhawk Glen Addition to Blue Cross Road.
Due to the fact that several of these modifications result in
additional assessments to benefitted properties, it is necessary
to hold a new public hearing addressing these anticipated additional
costs.
A consulting engineer and Public Works Director will be available
to discuss in furthe detail this addendum, copies of which are
enclosed on pages through _�7, for the Council's information
and review during this public hearing.
All notices have been published in the legal newspaper and sent
to all affected property owners informing them of this public
hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and approve/deny Project 454 addendum #2 (Ashbury Road-Trailway,etc)
and if approved, authorize the preparation of detailed plans and
specifications.
23
E
2335 4U. 7,-4 36
sr. /)...J, Af --mow 55113
/)Go...
6t.2-636-4600
February 21, 1986
Honorable Mayor and Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Addendum No. 2
Blackhawk Glen
Project No. 454
File No. 49366
(Ashbury Road)
Dear Mayor and Council:
On, G, tlnnesnoo. P.E.
kr,herl N'. Ro.ene, P.E.
J,,,,b C. AndMA. P.E.
Rmdlnrd A. Lrmherg, P.E.
Rl, hmd E. Tumor, P.E.
Jmnr. C. 01,1,n, PE
Glynn R. Cook, P.E
Keith A- Gordan, P.E
Th.m.s E. Noyrs. P.E
Richard W. Eos¢r, P.E.
Robe" G. sch.nh hc. P, E.
Morvin L, S. ... I.. P.E
Donald C B.,,,d,. P E.
J"ry A. Ro.rdon, P.E.
Mark A. ll.mm.. P.E.
Trd A. Emd. P.E.
Mirherl T Rourm.na P.E.
R.be" R- Pfefl,,lr, P.E.
D..id O, /..,koro, A.E.
Chane, A, Erickson
Leo M. P..MkM
1/o4on W. Olson
Enclosed is Addendum No. 2 to the feasibility report for the subject project.
This addendum involves three items. The first is the result of an agreement
between Blue Cross and the owners of Outlot D Blackhawk Glen First Addition
concerning the disposal of excess excavation from the project. The second
item reflects final revisions to storage capacities and water levels of ponds
within the report area. The final item is the addition of a sidewalk/trailway
along Ashburyc Road. Because of these changes, the estimated assessment rates
were revised and a new Summary Preliminary Assessment Roll was prepared.
We would be please to meet with the Council and other interested parties at a
mutually convenient time to discuss this addendum along with the original
feasibility report.
Yours very truly,
N
0,i
E, ANDERLIK 6 ASSOCIATES, INC.
Thomas E. Angus
TEA:mb
Encl.
2620d
; fg
REPORT ADDENDUM NO. 2
ON
BLACKHAWK GLEN (ASHBURY ROAD)
UTILITY AND STREET IMPROVEMENTS
Project No. 454
EAGAN, MINNESOTA
INTRODUCTION
This is an addendum to the feasibility report for Blackhawk Glen (Ashbury
Road) dated October 15, 1985. The purpose of this addendum is to revise the
preliminary assessment roll as presented in the original report.
DISCUSSION Is
A. DISPOSAL OF EXCAVATION
A meeting on December 24, 1985 was held between the owners of Outlot D,
Blackhawk Glen First Addition and, Parcel 010-30 (Minnesota Hospital Services
Association) in Section 16 which resulted in an agreement concerning the
earthwork along Ashbury Road, east of Birch Pond Road. The owners of Outlot
D, Blackhawk Glen 1st Addition agreed to purchase the excess material on the
north side of Ashbury Road from Minnesota Hospital Services and place the ma-
terial in Outlot D as required. The owners of Outlot D propose to pay for
this excess material by including the cost of the excess material with their
assessments resulting in a reduction by the same amount to Minnesota Hospital
Services.
B. PONDING CONSIDERATIONS
A further analysis of the ponding capacities and water levels for ponds
within storm water Area C was performed based on comments expressed at the
public hearing and recent meetings with the abutting land owners. Based on
the study the following items were revised.
2620d
Page 1.
Z5
A. A new pond, CP -13 was added to the area. This pond is located in the
SW corner of the Royal Oak Addition and will provide a small amount of
storage for the surrounding areas.
B. The storage capacity for Pond CP -1 was revised based on discussions
with the owner who intends to fill an area of the pond that is present-
ly above the NWL. The owner's plans would reduce the surface area of
the pond at the HWL in comparison to the Comprehensive Storm Water Plan
thereby reducing the amount of storage.
As a result, the HWL for Pond CP -1 was raised 2.3' from the Comprehen-
sive Plan to provide additional storage. This change has minimal af-
fect on the future development of the surrounding land.
C. In order to provide a higher NWL for Pond CP -11 the HWL of Pond CP -6
was raised from 804 to 809. Therefore, a ponding easement will be ac-
quired at the 809 elevation which does not create a hardship for the
abutting owner.
D. Based on the changes discussed above, the NWL for Pond CP -11 has been
raised from 802 to 802.5 and the storage capacity decreased from 82.6
® to 66.5 acre feet.
Appendix A of the original report is attached and has been revised tore-
flect the additions and changes to the pond data. These revisions do not ef-
fect the estimated construction cost, therefore no changes have been made to
the total estimated project costs.
C. SIDEWALK/TRAILWAY
A 5 foot concrete walk and 8 foot bituminous trailway are proposed along
Ashbury Road as shown on the attached drawing. The walkway would be located
along the north side from the end of the existing walk in Blackhawk Glen De -
Page 2. /
2620d
velopment to Birch Pond Road. The trailway would be located along the south
side from Birch Pond Road to Blue Cross Road. The estimated project cost for
this work is detailed in Appendix B and is $28,590.
ASSESSMENTS
A. DISPOSAL OF EXCAVATION: The estimated assessment rates which includes
street surfacing for the two parcels concerned with the disposal of excavation
have been revised as follows, based on the above discussion.
Section 16, Parcel 010-30 (East
of Birch Pond Road) $27.90/F.F. ®.
Outlot D, Blackhawk Glen First Addition $45.38/F.F.
C. SIDEWALK/TRAILWAY
It is proposed to assess the total cost of the sidewalk/trailway on a
front foot basis to the abutting property along Ashbury Road. The estimated
assessment rate is $4.49/F.F.
A revised preliminary assessment roll is included at the back of this
Addendum No. 2 for Appendix C, Section E: Streets and the Summary Preliminary
Assessment.
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 innesota.
Mark A. Hanson, P.E.
Date: L/ y't /6/ C Reg. No. 14260
Page 3.
2620d �7
•
APPENDIX A
PROPOSED NEN POND DATA
BLACKRAWK GLEN
PROJECT NO. 454
*CP-2 and CP -12 have been combined as a single pond for analysis.
r�Ny��1
^ ** New Pond
Page 4.
2620d
Change
Change
Pond
Change is
Pond Area
in Area
Pond Area
in Area
Storage
Change in
in
Change in
Outflow
Outflow
2 NWL
@ NWL
@ HWL
@ HWL
Volume
Volume
mange
(CFS)
(CFS)
Pond No.
(Acres)
(Acres)
(Acres
(Arses)
(Ac -Ft)
(Ac -Ft)
NWL
N1+9.
11171.
HWL
9.9
1.2
44.1
+6.1
827.0
+2.0
832.0
+2.3
2.8
-3.2
CP -1
7..6 .
+3.3
*CP -2
1.6
-0.3
2.8
-0.7
*
•
823.4
0
829.0
-0.7
'
*CP -12
1.0
0
1.5
-0.1
15.1
-4.3 Dry @
826.5
0
829.0
-0.6
8.8
-0.7
CP -11
9.0
+1.0
11.6
-0.3
66.5
-36.1
802.5
+7.5
809.0
+0.9
4.1
+0.1
CP -6
1.8
+0.6
5.2
-0.2
53.3
+1.4
794.0
+3.3
809.0
+3.0
5.0
0 .
**CP -13
0
---
1.1
---
2.9
---
858.0
---
863.0
---
7.8
---
*CP-2 and CP -12 have been combined as a single pond for analysis.
r�Ny��1
^ ** New Pond
Page 4.
2620d
APPENDIX B
PRELIMINARY COST ESTIMATE
BLACKHAWK GLEN (ASHBURY ROAD)
PROSECT NO. 454
C. SIDEWALK/TRAILWAY
100
Cu.yds.
Granular borrow in pl. @ $5.00/cu.yd.
$ 500
7,600
Sq.ft.
4" Concrete Walk in pl. @ $1.40/sq.ft.
10,640
650
Ton
Class 5, 100% crushed quarry rock in pl. @ $8.00/ton
5,200
200
Ton
Bituminous wear course in pl. @ $14.00/ton
2,800
12
Ton
Bituminous material for mixture @ $270.00/ton
23640
Sub Total
$21,780
+5% Contingencies
1,089
$22,869
+25% Legal, Engrng., Admin. and Bond Interest
51721
TOTAL WALK/TRAILWAY ..............................
$28,590
2620d
Page 5.
2�
APPENDIX C
PRELIMINARY ASSESSMENT ROLL
BLACKHAWK GLEN (ASHBURY ROAD)
PROSECT NO. 454
E. STREETS
Assessable
Footage
SECTION 16
010-30 (MN Hosp. Serv. Assn.)(1) 614
010-30 (MN Hosp. Serv. Assn.)(2) 1,454
® Blackhawk Glen First Addition:(2)
Outlot B 473
Outlot D 1,309
Outlot E 401
SECTION 17
010-01 (MN Hosp. Serv. Assn.)(1) 2,200
TOTAL 6,451
(1) Segment west of Birchpond Road
(2) Segment east of Birchpond Road
F. SIDEWALK/TRAILWAY
Section 16
010-30 (Mn. Hosp. Serv. Assn.) 2,068
Blackhawk Glen First Addition
Outlot B 389
Outlot D 1,309
Outlot E 401
Section 17
010-01 (Mn. Hosp. Serv. Assn.) 2,200
6,367
Page 6.
2620d 36
Total
Rate/F.F. Assessment
$48.52 $ 29,791
27.90 40,566
$36.66 $ 17,338
46.38 60,712
36.66 14,699
$48.52 $106,744
$269,850
$ 4.49 $ 9,286
4.49
1,747
4.49
5,878
4.49
1,800
4.4.9
9,879
$ 28,590
SUMMARY
PRELIMINARY ASSESSMENT ROLL
BLACRRAWR GLEN (ASHBORY ROAD)
PROJECT NO. 454
-620d
0
Page 7.
Storm Serer
Sanitary
Water
E.of Birch
W. of Birch
Sidewalk
Total
Parcel
Sever
Hain
Services
Pond Road
Pond Road
Trunk
Streets
Trailway
Assessment
SECTION 16
Blackhawk Glen First Addition:
Outlot B
---
$ 5,619
$ 7,605
---
---
--
$ 17,338
$ 1,747
$ 32,309
Cutlot D
--
15,551
11,408
$ 4,320
---
--
60,712
5,878
97,869
Outlot E
---
4,764
7,605
---
---
--
14,699
1,800
28,868
010-30 (MN Hosp.
Serv. Assn.)
$ 9,293
24,568
---
4,320
$60,282
$193,604
70,357
9,286
371,710
010-30 (City of Eagan
Enterprise Fund)
---
---
611
---
---
--
---
---
611
011-29 (MN Hosp.
Serv. Assn.)
---
---
---
---
---
1,054
--
--
1,054
012-^_9 (MN Hosp.
Serv. Assn.)
---
---
---
---
--
1,054
---
---
1,054
f\l,,
SECTION 17
010-01 (MN Hosp.
Serv. Assn.)
$33,297
$26,136
---
---
$28,428
$ 51,960
$106,744
$ 9,879
$256,444
010-01 (City of Eagan
Park)
---
---
S 1,901
---
---
21,432
--
---
23,333
TOTAL
$42,590
$76,638
$29,130
$ 8,640
$88,710
$269,104
$269,850
$28,590
$813,252
-620d
0
Page 7.
� � .YANKEE I DOODLE RO,
�Q j 2v
---
Co Rd No 28)
ri
cc
CD
012-27
Ivor
ej /
q B��ND� ASHBURY �\ END WALK I ..HTS
y BLACKH y�� \
�-` TRAILWAY g' SITU INDUS TRAILWAY �i
5' CONCRETE WALK
I I
BONESTROO, POSEN E, ANDERLIK \\ ° • _ • ° _ _ ' r �\ I I I I ,° ,or [ N A K
oioxs CRUST /D E •Z L RBEGN
d ASSOCIATES, INC. \ _ _ __ _ TRAILWAY m \ j ovr,lPr o
Consulting Enpineera —' 11 � , T
St. Paul, Minn. I J
axr-n 1 • x • , ' • x �, .
Dete: Oct. 1985 Comm. 49366 \\A — 6p O O t �� , �.� J
T • io a ,i i o p o, II . • ' O•
BLACKHAWK GLEN ( ASHBURY ROAD) `, M NT RE d� LA. l J a ,o B ACKHAYf,R I
L) _
Z WALK /TAALWAY \ - --�— �+.' Y. fK O ILLS . ° .
O r • , , e �I2 j , / LEN 181
PROJECT No. 454-'b\ ° ' ° ADD IT ICN ' C „...,.,
EAGAN, MINNESOTA \ ° ° 10 • " " , • O `. ADDITIOP! �� m
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Sixteen,
PROJECT 465, PUBLIC HEARING
F. Public Hearing, Project 465 (Rahn Ridge -Trunk Storm Sewer) -
In response to a petition submitted by the developers of the
proposed Rahn Ridge Addition, the Council authorized the prepara-
tion of the feasibility report to discuss the installation of
a trunk storm sewer outlet from Pond AP -29 (Vienna Woods) to Pond'
AP -44 (I -3'5E). This feasibility report was completed and presented
to the Council on February 4 with the pu lic hearing being scheduled
for March 4. Enclosed on pages throughis a copy
of the feasibility report for the Council's information and review
during this public hearing.
• All notices have been published in the legal newspaper and sent
to all potentially affected property owners informing them of
this public hearing.
ACTION TO BE. CONSIDERED ON THIS ITEM: To close the public hearing
and approve/deny Project 465 (Rahn Ridge -Trunk Storm Sewer) and
if approved, authorize the appropriation of detailed plans and
specifications.
33
REPORT
ON
RAHN.RIDGE
® ( POND AP -29 TO AP -44 ) .
TRUNK STORM SEWER IMPROVEMENTS
PROJECT NO. 465
EAGAN, MINNESOTA
®' 1985
FILE N0. 49379
/3asr�.l�iioa, "apse, fYwWda a yq"oc,4�- f Disc.
91 /)au/, /t 4mtldata
35
R
V335
2U. 7,....J. �l.yG,,,..y 36
r. /1,_I. M:..,r.roJ,. 55173
'..• 612-6364600
January 3, 1986
yl k & yq
Honorable Mayor and Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Rahn Ridge (Pond AP -29 to AP -44)
Trunk Storm Sewer Improvements
Project No. 465
Our File No. 49379
Dear Mayor and Council:
yam.
p
unrr G. NnOu. P.E.
Nrrfurl II'. Nnrenr, Ii E.
R,111
Ji nrgrp ('..Indnllk. AE,
hrvrll�uJ:L Lrruhrrx. P,E,
Niihnrtl L.: Lvnrv, P.F.
lumr r I'. (n-,. /r. h:
Glrnn R. C.uk. I'. E.
Keith A. Gurdon, P.F.
Thoma, E. N.,, Y.G.
Rirha,d W. Foslea HE.
R.M, G. Sohunirhl, P.E,
Marrin L. Sorrulu. V.E.
OonoM C. RurNurJ". Ir.li
J111 A.
AIurA A. I/wnun. I•, l_
Td 6, Fiod. P. L'.
Ah, h.11 T. Nuurn.en¢ P, 1.
Ro011 R. Pfej),r o P. E.
David O. L.A. ". P, L.:
Churin A. Elm k,en
Leu .M. Puwrhp
Hvrinn M. Ohm"
Enclosed is our report for Rahn Ridge (Pond AP -29 to AP -44), Project No. 465.
This report covers trunk storm sewer improvements 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.
L
Mark A. Hanson _
MAH:li
I hereby certify that this report was prepared
by me or under my direct supervision and that
I am a duly Registered Professional Engineer
under the laws of the State of Minnesota.
Mark A. Hanson
Date: January 3, 1986 Reg. No. 14260
Approved by.c._,r,,,,,,;,,
.Department of Public Works
Date•2—
.;' io
2719d 3C
•
•
SCOPE: This project provides for the construction of trunk storm sewer to
serve Rahn Ridge Addition (Pond AP -29 to AP -44). Rahn Ridge Addition is loca-
ted northwesterly of I -35E, east of Vienna Woods, and southerly of Rahn Way.
Rahn Ridge includes 20 single-family residential lots, one large lot which a
church is presently proposed and an outlot which is zoned commercial/ indus-
trial.
FEASIBILITY AND RECOMMENDATION: The project is feasible from an engineering
standpoint. The project, however, is not in accordance with the Comprehensive
Storm Sewer Plan in that it proposes to construct the outlet for Pond AP -29 to
Pond AP -44 instead of Pond AP -13 as proposed in the Comprehensive Plan. Both
ponds have positive gravity outlets. This change will require a permit from
Mn/DOT because Pond AP -44 is included within their right-of-way. A permit
will also be required from Mn/DOT for that storm sewer which discharges di-
rectly from Pin Oak Drive into Pond AP -44.
DISCUSSION: This project provides for constructing a trunk storm sewer from
Pond AP -29 to Pond AP -44 as shown on the attached drawing. It is proposed
that the storm sewer be constructed in such a way that the runoff from Vienna
Lane be conveyed by an 18" RCP to Pond AP -29 and that the 12" RCP from Vienna
Lane to Pond AP -44 control the outflow from Pond AP -29. Design considerations
for Pond AP -29 are listed below:
Storage Outflow
NWL HWL (ac.ft.) (cfs)
Pond AP -29 917.2 920 2.1 1
AREA TO BE INCLUDED:
2719d
CONSTRUCTION AREA
Rahn Ridge
Lot 3, 4, Block 2
Lot 3, 4, Block 3
Outlot C
Page 1.
37
ASSESSMENT AREA
Rahn Ridge
Lot 2-6, Block 1
Lot 1-6, Block 2
Lot 1-6, Block 3
Lot 1-3, Block 4
COST ESTIMATE: A detailed cost estimate is presented in Appendix A located at
the back of this report. The total estimated project cost is $39,330 which
includes contingencies and all related overhead. Overhead costs are estimated
at 30% 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 in Appendix B located at
the back of this report. All lateral assessments will be revised based on
final costs.
The storm sewer segment from
Vienna Lane to Pond AP -29 is considered lat-
eral. Therefore, it is proposed
to assess that portion equally on a per lot
basis to the benefited lots in Rahn
Ridge. The owners of Rahn Ridge previ-
ously petitioned the City to have
their trunk area storm sewer assessment (ap-
proximately $36,000) be levied as
part of Project No. 370. As a result, Rahn
Ridge has been assessed their trunk area storm sewer assessment in conjunction
with the adjacent platted parcels
which benefit from this project. Therefore
there is no trunk area storm sewer
assessment proposed as part of this project,
REVENUE: Revenue sources to cover
the cost of this project are as follows:
Project
Cost Revenue Balance
Trunk
$22,560
Lateral
16,770
Lateral Assessment
$16,770
TOTAL
$39,330 $16,770 -$22,560
The anticipated project deficit is $22,560.
2719d Page 2.
38
•
PROSECT SCHEDULE
Present Feasbility Report February 4, 1986
Public Hearing March 4, 1986
Approve Plans & Specifications April, 1986
Open Bids/Award Contract May, 1986
Construction Completion Sumner 1986
Final
Assessment
Hearing
September, 1986
First
Payment Due
with Real Estate Taxes
May, 1987
2719d
Page 3.
39
APPENDIX A
PRELIMINARY COST ESTIMATE
RAHN RIDGE (POND AP -29 TO AP -44)
TRUNK STORM SEWER IMPROVEMENTS
PROJECT NO. 465
250
Lin.ft.
18" RCP Storm sewer in pl. @ $30.00/lin.ft.
$ 7,500
480
Lin.ft.
12" RCP Storm sewer in pl. @ $26.00/lin.ft.
12,480
3
Each
Std. MH w/cstg. @ $1,000.00/each
3,000
2
Each
Std. CB w/cstg. @ $800.00/each
1,600
1
Each
18" RCP Flared end @ $700.00/each
700
1
Each
12" RCP Flared end @ $500.00/each
500
8
Cu.yds.
Rip rap in pl. @ $100.00/cu.yd.
800
1.5
Acres
Seed with mulch 5 fertilizer @ $1,000.00/Ac.
1,500
730
Lin.ft.
Mechanical trench compaction @ $1.00/lin.ft.
730
Total
$28,810
+5% Contingencies
1,440
$30,250
+30% Legal, Engrng., Admin. 6 Bond Interest
9,080
•
TOTAL.............................................
$39,330
2719d Page 4. 4.
i`� �
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
RAHN RIDGE (POND AP -29 TO AP -44)
TRUNK STORM SEWER IMPROVEMENTS
PROJECT NO. 465
LATERAL BENEFIT FROM TRUNK STORM SEWER
Parcel
No. of
Total
Description
Lots
Cost/Lot
Assessment
® Rahn.Ridge
Lot 2-6, Block
1
5
$839
$ 4,193
Lot 1-6, Block
2
6
839
5,031
Lot 1-6, Block
3
6
839
5,031
Lot 1-3, Block
4
3
839
2,515
TOTAL ..........................
20
$16,770
r 1
U
Page 5.
2719d
ADDENDUM NO. 1
RAHN RIDGE (EAST LINE BLOCK 2 TO POND AP -44)
TRUNK STORM. SEWER IMPROVEMENTS
PROJECT NO. 465
EAGAN, MINNESOTA
FEBRUARY 25, 1986
FILE NO. 49379
DISCUSSION: This addendum provides for deletion of storm sewer proposed as
part of the preliminary report. The developer has indicated he will construct
and finance the storm sewer from Pond AP -29 to the east line of Block 2 Rahn
Ridge. Construction of this storm sewer will fulfill the developer's require-
ment for lateral storm sewer as recommended in the preliminary report.
Storm sewer proposed to be constructed as part of this addendum includes
the 12" RCP storm sewer from the east line of Block 2 Rahn Ridge across 0utlot
C to Pond AP -44 as shown on the attached drawing. Pond AP -44 is included
within Mn/DOT right-of-way and will require a permit from Mn/DOT to .construct
this pipe.
COST ESTIMATE: A detailed cost estimate is presented in Appendix A attached
® to this addendum. The total estimated project cost is $19,550 which includes
contingencies and all related overhead. Overhead costs are estimated at 30%
and include legal, engineering, administration, and bond interest.
ASSESSMENTS: As previously noted, the developer, by constructing the storm
sewer from Pond AP -29 to the east line of Block 2 Rahn Ridge, has fulfilled
his lateral storm sewer obligation. Therefore, storm sewer proposed as part
of this addendum is considered trunk. As indicated in the preliminary report,
trunk area storm sewer for this area was previously assessed. As a result,
the total estimated project cost ($19,550) will be the responsibility of the
trunk storm sewer fund.
3647d �t Q
ADDENDUM NO. 1
APPENDIX A
PRELIMINARY COST ESTIMATE
RAHN RIDGE (EAST LINE BLOCK 2 TO POND AP -44)
TRUNK STORM SEWER IMPROVEMENTS
PROJECT NO. 465
LUMP SUM Mobilization @ $2,000.00/L.S.
320 Lin.ft. 12" RCP Storm sewer in pl. @ $30.00/lin.ft.
1 Each 12" RCP Flared end @ $500.00/each
4 Cu.yds. Rip rap in pl. @ $100.00/cu.yd.
1 Each Connect 12" RCP to existing MH @ $500.00/each
1..0 Acres Seed with mulch S fertilizer @ $.1,000.00/Ac.
320 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft.
3647d
Total
+5% Contingencies
-+30% Legal, Engrng-, Admin. S Bond Interest
TOTAL............................................
�Z 6
$ 2,000
9,600
500
400
500
1,000
320
$14,320
720
$,15;040
4,510
$19,550
RAHN ROAD
OUTLOT F
4
5
ADDENDUM
FEBRUARY 25, 1986
:AP
OND \ y�y
N.WL-= 915.9
-44 H.WL.=918.0 20
.3
OUT B p OUTLOT C
C,a
RA. /
I/ Y2/3/1/4 /I 5 6 �
VIENNA A.
PROPOSED STORM SEWER q
BY DEVELOPER 1 U
I 2 3 4 5O 6
NWL.= 9172
H.W.L.=920.0
V/ . N D
/®
3
N 0 R T H
0 200 400
LATERAL ASSESSMENT AREA
SCALE IN FEET
.RAHN RIDGE BONESTROO, ROSENE, ANDERLIK
( POND AP -29 TO AP -44) ASSOCIATES, INC.
Consulting Engineers
TRUNK STORM SEWER St. Paul, Minn.
PROJECT NO. 465 Date: DEC., 1985
FIG. No.
EAGAN, MINNESOTA Comm. 49379
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Seventeen
PROJECT 452, PUBLIC HEARING
G. Public Hearing, Project 452 (Beryl Pond -Storm Sewer Outlet) --
In response to a petition submitted by Loren Spande, builder of
Lot 1, Block 1, Cedar Cliff Commercial Park 2nd Addition, the
Council authorized the appropriation of the feasibility report
for the proposed storm sewer outlet for the pond along the east
boundary of that subdivision, adjacent to Cliff Road. The
feasibility report was completed and presented to the Council
on January 7 with the public hearing being scheduled for February
4.
• Due to the fact that one of the alternate alignments involved
construction within Rahn Park, the Park Committee expressed several
concerns and reservations pertaining to the proposed alignment
and recommended th t additional alternates be investigated.
Enclosed on pages through 4 is the original feasibility
report which was presented to the Park Committee. Enclosed on
pages through is the subsequent addendums that were
d n
prepareresponse to e Park Committee's concerns.
At the February 4 public hearing, the Council received a letter
of concern from Federal Land Company, owners of the property
impacted by the various alignment alternates. As a result of
their concerns, the Council continued the public hearing until
March 4 to allow the staff an opportunity to review the various
alignments with Federal Land Company. Enclosed on page(s) 60
is a letter from Federal Land Company again expressing their
• concerns and objections to this project at this time.
The consulting engineer and Public Works Director will be available
to discuss, in detail, the various alternates being considered
under this project.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and to approve/deny Project 452 (Beryl Pond Storm Sewer Outlet)
and if approved, authorize preparation of detailed plans and
specifications.
�3
REPORT
ON
PONDS AP -50, AP -49, AND AP -25 OUTLETS
® TRUNK STORM SEWER IMPROVEMENTS
PROJECT NO.452
FOR
EAGAN, MINNESOTA
• 1985
FILE N0.49364
egg e . _
94 Pau% MIA"Aata
1/9
Bao , Rte, 4nd"'4 &
2335 W. '/.-A d1.p :" 36
$F. 1)n d,, ,4f ..,, 55113
19G... 612-636-4600
December 6, 1985
Honorable Mayor and Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Ponds AP -50, AP -49 & AP -25 Outlets
Project No. 452
Our File No. 49364
Dear Mayor and Council:
Due G. 9onenroo, PE,
Rnb,, W. Ronne, P.E.
lu.eph C And,,hk. P.E.
Rrndh,d A. Lemberg, P.E.
Riehurd E. Turner, P.E,
lu.rue C Dl.un. P.E.
Glenn R. C..A, P.F.
Keith A. Guido, P.J.
Thom. E. Norn. P.E.
Riehnrd IV. F.,,,. Pli.
Robe" G. Srhunirhl, P,c.
Marvin L 5nrvala, P P.
Donald C Rurgurdq PE.
lerp A. Ruu.dnn, P.E.
Mork .J. /lamnn, P.E,
Ted K. Pvld, P Ft
MirhM T. Rammann. P. E,
Roherr, R. P/e/fedi. N E
Do rid 0. Lo4.,.. P.E.
(Junes A, Erickson
Lm .M. Pvve/rkv
//orlon Af. Olmn
Transmitted herewith is our report for Ponds AP -50, AP -49, and AP -25 Outlets,
Project No. 452. This report covers trunk storm sewer construction and in-
cludes a preliminary assessment roll.
We would be pleased to meet with the Council and other interested parties at a
mutually convenient time to discuss any aspect of this report.
Yours very truly,
•
BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC.
Mark A. Hanson •
MAH:li
I hereby certify that this report was prepared
by me or under my direct supervision and that
I am a duly Registered Professional Engineer
under the laws of the State of Minnesota.
fY� C4"
Mark A. Hanson
Date: December 6, 1985 Reg. No. 14260
Approved by:
Department of Public Works
Date:
2311d (1$
SCOPE: This project provides for the construction of trunk storm sewer out-
lets for Ponds AP -50, AP -49, and AP -25. This project is the result of a peti-
tion received from the owner of the two lots in Cedar Cliff Commercial Park
2nd Addition which includes a portion of Pond AP -50. An office building ex-
ists on the southerly lot abutting Pond AP -50 while a future office building
is proposed on the northerly lot. Pond AP -49 is included within Rahn Park lo-
cated northeasterly of Pond AP -50 and west of Rahn Road. Pond AP -25 is lo-
cated easterly of Pond AP -49 directly east of Rahn Road.
FEASIBILITY AND RECOMMENDATION: This project is feasible from an engineering
® standpoint and is in accordance with the Comprehensive Storm Sewer Plan for
the City of Eagan with the exception of the proposed normal water level for
Pond AP -49 included in Rahn Park. It is proposed as part of this project the
normal water level for Pond AP -49 be lowered to 874.1 as opposed to the recom-
mended level of 881.7 in the Comprehensive Storm Sewer Plan. A normal water
elevation of 881.7 would destroy large established trees around Pond AP -49 and
also flood an additional 0.8 acre of land above the 874.1 elevation. To pro-
vide a gravity outlet at the lower elevation is more costly (approximately
$18,000), however, based on the permanent impact to Rahn Park, it is recom-
mended the lower elevation of 874.1 be established as the normal water eleva-
tion for Pond AP -49.
DISCUSSION: A portion of this project provides for constructing a trunk storm
sewer outlet from Pond AP -50 to Pond AP -49. Two alternate alignments are pro-
posed for this construction as shown on the attached drawing. Alternate A
proposes constructing a 12" RCP gravity storm sewer northerly adjacent to the
easterly line of the Cedar Cliff Additions into Rahn Park. The line would
continue northerly in Rahn Park and then easterly through a low area to Pond
AP -49. Alternate B proposes constructing the same size gravity sewer easterly
Pat 1.
2 311 d
from Pond AP -50 through parcel 011-76 along an anticipated street alignment to
Rahn Park. The alignment would then continue northerly and easterly in Rahn
Park along the same alignment as Alternate A to Pond AP -49. The alignment for
Alternate B is approximately $12,000 more costly due to deeper cuts and is
contingent on future street development through Parcel 011-76. Presently no
approved plans exist for development of this parcel. Alternate A, however,
does require more tree removal and impacts the park property for a greater
distance.
It is also proposed as part of this project to construct a gravity storm
sewer outlet from Pond AP -49 and Pond AP -25 to Pond AP -24. Due to the recom-
mended level for Pond AP -49 being lowered, it is necessary that the gravity
storm sewer from Pond AP -49 be constructed around Pond AP -25 rather than into
it due to its higher water level. The gravity storm sewer from each pond
would then combine as one on the northerly side of Pond AP -25 and continue
northerly to an existing 24" RCP storm sewer adjacent to Pond AP -24. It is
assumed the gravity storm sewer beneath Rahn Road will be jacked or augered.
Design considerations for each pond are listed below:
NWL HWL Storage Outflow
Elev. Elev. (Ac.Ft.) (cfs)
Pond AP -25 880.5 888.5 22.0 8.5
Pond AP -49 874.1 888.0 22.9 1.0
Pond AP -50 886.0 894.0 12.0 2.8
EASEMENTS: Permanent and temporary construction easements are required from
the unplatted parcels between Pond AP -50 and Rahn Park and between Pond AP -25
and AP -24. It is assumed for purposes of this report ponding easements for
Ponds AP -50, AP -25, and AP -24 will be dedicated at the time they develop. No
easements are proposed to be acquired through Rahn Park. Listed below are the
easements required for this project:
Page 2.
_
2311d �y
Parcel
Description
SW 1/4, SECTION 29
012-50
SE 1/4, SECTION 30
011-76: Alternate A
Permanent Easement
(Acres)
0.4
0.4
Temporary Easement
(Acres)
2.1
1.2
011-76: Alternate B 0.5 2.8
It is assumed all easements can be acquired at no cost to the City.
AREA TO BE INCLUDED
® ASSESSMENT AREA
SW 1/4. SECTION 29
Parcel 012-50
SE 1/4, SECTION 30
Parcel 011-76
NE 1/4, SECTION 31
Parcel 010-02
Parcel 011-03
CONSTRUCTION AREA
SW 1/4, SECTION 29
Parcel 012-50
SE 1/4, SECTION 30
Parcel 011-76
Parcel 012-76
COST ESTIMATE: Detailed cost estimates are presented in Appendix A located at
is the back of this report and are summarized below:
Pond AP -50 TO AP -49
Alternate A $84,920
Alternate B 96,170
POND AP -49 AND AP -25 TO AP -24 88,570
The total estimated project cost for Alternate A and B is $173,490 and
$184,740 respectively which includes contingencies and all related overhead.
Overhead costs are estimated at 30% and include legal engineering, administra-
tion, and bond interest. These costs do not reflect any easement acquisition
costs.
Page 3�.
2 311 d ,r/off'
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. All project costs included herein are considered trunk
with the exception of the 24" diameter east -west storm sewer for Alternate B
from Pond AP -50. The oversizing cost for this section is considered lateral
and is proposed to be assessed entirely to Parcel 011-76. Lateral cost will
be revised based on final costs. It is also proposed to assess those parcels
their trunk area storm sewer assessment which have not been previously as-
sessed but benefit from this project.
These assessments will be spread over a period of time as determined by
the City Council at the Public Hearing. The interest rates will be based upon
the latest bond sale at the time of the final assessment hearing.
TRUNK RATES: Trunk rates in effect at the time of this report are as follows:
Storm Sewer
Single Family $0.050/sq.ft.
Comm./Ind. $0.075/sq.ft.
REVENUE SOURCES: Revenue sources to cover the cost of this project are as
follows:
Project
Cost Revenue Balance
ALTERNATE A
Trunk $173,490
Trunk Area Assessment $178,107
TOTAL $173,490 $178,107 +$4,617
Page 4.
2311d �/Q
•
•
ALTERNATE B
Trunk $182,725
Lateral 2,015
Trunk Area Assessment $178,107
Lateral Assessment 2,015
TOTAL $184,740 $180,122 —$ 4,618
PROJECT SCHEDULE
® Present Feasibility Report January 7, 1986
Public Hearing February 4, 1986
Approve Plans S Specifications Spring, 1986
Open Bids/Award Contract Summer, 1986
Construction Completion Fall 1986
Final Assessment Hearing Fall, 1986
First Payment due with Real Estate Taxes May, 1987
E
Page 5.
2 311 d CO
APPENDIX A
PRELIMINARY COST ESTIMATE
PONDS AP -50, AP -49, 6 AP -25 OUTLETS
TRUNK STORM SEWER IMPROVEMENTS
PROJECT NO. 452
ALTERNATE A - POND AP -50 TO AP -49
1,150 Lin.ft. 12" RCP Storm sewer, 0'-10' dp. in pl. @ $23.00/l.f.
260 Lin.ft. 12" RCP Storm sewer, 10'-20' dp. in pl. @ $31.00/l.f.
130 Lin.ft. 12" RCP Storm sewer, 20'-30' dp. in pl. @ $52.00/l.f.
130 Lin.ft. 12" RCP Storm sewer, 30'-35' dp. in pl..@ $64.00/l.f.
6 Each Std. 4' dia. MH w/cstg. @ $950.00/each
15 Lin.ft. MH depth greater than 8' dp. @ $60.00/lin.ft.
2 Each 12" RCP flared end w/trash guard @ $400.00/ea.
8 Cu.yds. Rip rap @ $100.00/cu.yd.
LUMP SUM Clear 6 grub trees @ $1,500.00/lin.ft.
200 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd.
4 Acres Seed w/mulch 6 fertilizer @ $1,000.00/Ac.
1,670 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft.
Total
+5i Contingencies
+30% Legal, Engrng., Admin. & Bond Interest
TOTAL ALTERNATE A ..................................
Page 6.
2311d �/
$26,450
8,060
6,760
8,320
950
800
1,500
2,000
4,000 •
1,670
$62,210
3,110
$65,320
19,600
$84,920
ALTERNATE B - POND AP -50 TO AP -49
210 Lin.ft. 24" RCP Storm sewer, 0'-10' dp. in pl. @ $30.00/l.f. $ 6,300
TOTAL ALTERNATE B ................................... $96,170
0
Page 7.
2 311 d 5-7�-
350
Lin.ft.
12" RCP Storm sewer, 0'-10' dp, in pl. @ $23.00/l.f.
8,050
330
Lin.ft.
12" RCP Storm sewer, 10'-20' dp. in pl. @ $31.00/l.f.
10,230
530
Lin.ft.
12" RCP Storm sewer, 20'-30' dp. in pl. @ $52.00/l.f.
27,560
6
Each
Std. 4' dia. MH w/cstg. @ $950.00/each
5,700
60
Lin.ft.
MH depth greater than 8' dp. @ $60.00/l.f.
3,600
®
2
Each
12" RCP flared end w/trash guard @ $400.00/each
800
8
Cu.yds.
Rip rap @ $100.00/cu.yd.
800
LUMP
SUM
Clear 6 grub trees @ $1,500.00/L.S.
1,500
150
Cu.yds.
Rock stabilization below pipe @ $10.00/cu.yd.
1,500
3
Acres
Seed w/mulch 6 fertilizer @ $1,000.00/Ac.
3,000
1,420
Lin.ft.
Mechanical trench compaction @ $1.00/lin.ft.
1,420
Total
$70,460
+5% Contingencies
3,520
•
$73,980
+30% Legal, Engrng., Admin. 6 Bond Interest
22,190
TOTAL ALTERNATE B ................................... $96,170
0
Page 7.
2 311 d 5-7�-
POND AP -49. AP -25 TO EXISTING 24"
200 Lin.ft. 24" RCP Storm sewer, 0'-10' dp. in pl. @ $30.00/l.f.
440 Lin.ft. 24" RCP Storm sewer, 10'-20' dp. in pl. @ $38.00/l.f.
340 Lin.ft. 12" RCP Storm sewer, 0'-10' dp. in pl. @ $23.00/l.f.
120 Lin.ft. 12" RCP Storm sewer, 10'-20' dp. in pl. @ $31.00/l.f.
60 Lin.ft. 12" RCP Storm sewer, 20'-30' dp. in pl. @ $52.00/1.f.
80 Lin.ft. Jack or auger 12" RCP Storm sewer @ $120.00/l.f.
5 Each Std. 4' dia. MH w/cstg. @ $950.00/each
30 Lin.ft. MH depth greater than 8' dp. @ $60.00/lin.ft.
1 Each 24" RCP flared end w/trash guard @ $900.00/each
2 Each 12" RCP flared end w/trash guard @ $400.00/each
20 Cu.yds. Rip rap @ $100.00/cu.yd.
LUMP SUM Clear & grub trees @ $1,500.00/L.S.
200 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd.
1
3 Acre Seed w/mulch & fertilizer @ $1,000.00/Ac.
1,160 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft.
Total
+5Y Contingencies
+30% Legal, Engrng., Admin. & Bond Interest
TOTAL POND AP -49, AP -25 TO EXISTING 24" RCP ........
Page 8.
2311d 0
$ 6,000
16,720
7,820
3,720
3,120
9,600
4,750 Is
1,800
900
800
2,000
1,500
2,000
3,000
1,160
$64,890
3,240
$68,130
20,440
$88,570
•
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
POND AP -50, AP -49, 6 AP -25 OUTLETS
TRUNK STORM SEWER IMRPOVEMENT
PROJECT NO. 452
A.) TRUNK AREA
Parcel Area Credit Assessable Total
Description (sq.ft.) (sq.ft.) Area Rate/s.f.. Assessment
SW 1/4, SECTION 29
Parcel 012-50 1,382,000 Pond 295,000 869,600
Street 20%
SE 1/4, SECTION 30
Parcel 011-76 898,240 Pond 16,000 705,790
Street 20%
NE 1/4, SECTION 31
$0.075 $ 65,220
$0.050 $ 35,290
Parcel 010-02 859,040 Street 20% 687,230 $0.050 $ 34,362
Parcel 011-03 720,580 Street 20%, 576,460 $0.075 43,235
TOTAL........................................... $178,107
® B.) LATERAL --ALTERNATE B ONLY
Parcel
Description
SE 1/4, SECTION 30
Parcel 011-76
Page �V
2311d
Total
Assessment
$ 2,015
P ND
AP 26
RAHN ELEMENTARY SCHOOL
m
EK. 12"
012-76
RAHN PARK
ALTERNATE A
POND ANTICIPATED—
AP-50 FUTURE STREET
ALIGNMENT
ALTERNATE B
124 011-76
CLIFF ROAD I CO. RD. 32
FUTURE POND EASEMENT
N O R T H
0 400 800
SCALE IN FEET
PONDS AP -50, AP -49, AND
AP -2'5 OUTLETS
TRUNK STORM SEWER IMP,
PROJECT NO. 452
EAGAN, MINNESOTA
V
N
D
Q
0
cr
Z
Q
T-
x
POND
AP -25
BONESTROO, ROSENE, .ANDERLIK
3 ASSOCIATES, INC.
Consulting Engineers
St. Paul, Minn.
Date: DEC., 1985 FIG. No.
Comm.49364
I
- C. C.
CEDAR
J
COMM
CLIFF
'-
COMM. PK.
ADD.
F~-
ADD.
O
2
U
RAHN ELEMENTARY SCHOOL
m
EK. 12"
012-76
RAHN PARK
ALTERNATE A
POND ANTICIPATED—
AP-50 FUTURE STREET
ALIGNMENT
ALTERNATE B
124 011-76
CLIFF ROAD I CO. RD. 32
FUTURE POND EASEMENT
N O R T H
0 400 800
SCALE IN FEET
PONDS AP -50, AP -49, AND
AP -2'5 OUTLETS
TRUNK STORM SEWER IMP,
PROJECT NO. 452
EAGAN, MINNESOTA
V
N
D
Q
0
cr
Z
Q
T-
x
POND
AP -25
BONESTROO, ROSENE, .ANDERLIK
3 ASSOCIATES, INC.
Consulting Engineers
St. Paul, Minn.
Date: DEC., 1985 FIG. No.
Comm.49364
0
•
y u -
Q W
0>
CC Q
`.'1: _ . :l'. '�
0 1000 2000
N ORT H
SCALE IN FEET
® STORM SEWER ASSESSMENT AREA 1j
PONDS AP -50, AP -49, AND BONESTROO. ROSENE. ANDERLIK�I
8 ASSOCIATES. INC.
AP -25 OUTLETS Consulting Engineers
TRUNK STORM SEWER IMP. St. Paul Minn. J
PROJECT NO. 452 LDate:DEC., 1985 ��G. NoEAGAN, MINNESOTA 5.6omm. 49364
----- �;
&. P—d, M:.,.w.& 36113
PA.: 612 - 636-4600
January 16, 1986
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Attn: Mr. Tom Colbert
Re: Pond AP -50, AP -49 and AP -25 Outlets
Trunk Storm Sewer Improvements - Project No. 452
Our File NO. 49364
Dear Tom,
GBn G. Boneu., P.E.
RoN11 W. Rn,ene. P.E
Jnsrph C. AMedik. P E.
Brurpnrd A. Lrorbr R. P.E.
Ruhard E. Turner, P.E.
Jenne, C'. Mon. P,E.
Glenn R. Cook, P E.
Keoh A, Gordon, P.E.
Thomas E. Noyes. P.E,
Riehard W. Foner, P.E.
Robed G, S,h.o,,hr. P.E.
MarWa L. Soreoto. P E.
Donald C. Burkardl. P,E.
Jerry A. Bourdon, P,E,
Mark A. Nammn, P,E.
Ted K. Field, P E.
Allrhael T. Rauoua P,E.
Roherl R. Pfff,,le, P.£,
David O. Loskora, P.E.
Charles A. Eriekson
Leo M. Pawelske
Harlan M. Olson
Per your request I have evaluated two alternate alignments for the trunk storm
sewer proposed as part of the above project. Attached is a drawing which
shows the two alternate alignments designated as Alternate C and D. Both Al-
ternate C and D are a continuation of Alternate B presented in the preliminary
report. Alternate C is located within a future street right-of-way which is
contingent on development. Alternate D is located adjacent to the north line
of the unplatted parcel and not in the park. However, as Alternate D contin-
ues north along Rahn Road its location would be such that the existing side-
walk along Rahn Road would not be disturbed. Therefore, the storm sewer
alignment would be included within a portion of the park. Alternate D would
also require a significant amount of tree removal due to the number of trees •
located along its alignment and the depth of sewer (20'-35' deep).
Listed below is a cost comparison of the 4 alternates including Alternate A &
B presented in the preliminary report:
Pond AP -49
Pond AP -50 Pond AP -50 to AP -25
to AP -49 to AP -25 to Ex. 24" Total
Alternate A 84,920 -- 88,570 173,490
Alternate B 96,170 -- 88,570 184,740
Alternate C -- 168,440 88,570 257,010
Alternate D 159,550(1) -- 88,570 248,120
(1) Pipe connects to pipe from Pond AP -49 to AP -25
As noted, Alternate C and D are approximately $70,000 higher than Alternate A
and B. However, if Alternate A or B are not to be considered, then an outlet
for Pond AP -49 may never be required assuming this portion of park is never
developed. Therefore, the line from Pond AP -49 to the 24" line from Pond
Page 1.
2944d 67
City of Eagan
Eagan, MN 55121
Re: File No. 49364
January 16, 1986
AP -25 would not be required. The estimated cost of this line and the over -
depth associated with the 24" RCP is $50,200. Therefore, the total cost of
Alternate C could be reduced by $50,200 while the total cost for Alternate D
could be reduced by $43,400. The cost reduction for Alternate D is less due
to the additional cost associated with crossing Rahn Road. As previously
noted, Alternate D initially proposed to discharge into the line on the west
side of Rahn Road. As a result, if the line from Pond AP -49 is not construc-
ted then Alternate D would have to cross Rahn Road on its own.
In summary, if an outlet for Pond AP -49 is not required, then Alternate C and
D are approximately $25,000 higher than Alternate A and B. It should also be
. noted that the alignment for Alternate C may generate a lateral benefit as-
sessment some time in the future since,jt is anticipated a future storm sewer
from this intersection to Pond AP -25 will be required.
In addition, if it's determined an outlet for Pond AP -49 is never required, it
is still recommended the 24" line from Pond AP -25 to the existing 24" be con-
structed at a proper elevation to provide an outlet for Pond AP -49, if it is
ever desired. The estimated cost for this overdepth is $5,000.
If you have any questions, please contact this office.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
• Mark A. Hanson
MAH:li
cc: Ken Vraa
RWR
Page 2.
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SCALE IN FEET
PONDS AP -50, AP-49...AND
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TRUNK STORM.SEWER IMP?
PROJECT NO. 452 ..
EAGAN, MINNESOTA
BONESTROO, ROSENE, .ANDERLIK
& ASSOCIATES, INC.
Consulting' Engineers
St. Paul. Minn.
Date: DEC., 1985 FIG. NO.
Comm.49364
Federal Land Company
Yankee Square Office III • 3460 Washington Drive • Suite 202 • Eagan, Minnesota 55122 • Tel. 612-452-3303
February 28, 1986
Mr. Thomas Colbert, Director of Public Works
City of Eagan
3830 Pilot Knob Road
Eagan, Mn. 55122
HE: Public Works Project #452
Dear Mr. Colbert,
• This is a follow up of our meeting of February 28, 1986 regarding the
improvements proposed in Public Works Project 452. Alternate A as
expressed in my correspondence of February 4, 1986 was unacceptable due
to the large amount of mature trees which would have to be removed. I
also understand that there is opposition from the Park Board due to the
substantial impact a trunk storm sewer installation would have on the
removal of trees in Rahn Park. Alternate B is the logical solution,
but due to the uncertainty of the development of parcel 011-76, the
alignment is premature due to the possibility of a revised development
plan.
Federal Land Company's position is that at this time consideration of
this proposed project through our parcel is premature and should be '
deferred to such time until a development plan is agreed to by the City
and Federal Land Company. I will be available for further discussions
if you feel it -is necessary.
Sincerely,
i
Mark E. Battis
Legal Department, Attorney
MEB/ap
copy to: Mr. Richard Hefti " • '
Agenda Information :demo
March 4, 1986, City Council Meeting
Page Eighteen
TOLLEFSON BUILDERS/CONTRACTOR LICENSE SUSPENSION
A. Tollefson Builders for Review a Consideration of Contractors
License Suspension --At the February A, 1986, City Council
meeting, a public hearing was scheduled to consider the vacation
of a utility easement for Lot 5, Block 2, Brittany 7th Addition.
The prospective resident and builder were both notified of this
public hearing. Following a staff presentation on why the
vacation of a utility easement was required, action was taken by
the City Council to temporarily deny any further building permits
to Tollefson Builders, Inc. and further to consider not renewing
• the builder's license if the findings of staff regarding prior
and existing problems with the builder substantiate this or other
similar action. For a copy of the February 4, 1986, action,
refer to page_(. The City Administrator placed this item on
the March 4 City Council agenda to allow adequate time for: 1)
Proper notification to Tollefson Builders, 2) a preliminary
meeting with Tollefson Builders and 3) an opportunity for City
staff to compile information and data relative to Tollefson
Builders. The Building Inspection Department under the direction
and research of Chief Building Inspector Peterson and the Public
Works/Engineering Division under the direction of Public Works
Director Colbert, were both asked to review their files and
report on various problems they have encountered with Tollefson
Builders during the past two to three years. That information
has been compiled and is presented i two (2) separate memoran-
dums attached on pages 65 through for your review.
• A meeting was held on Monday February 24 with four
representatives of Tollefson Builders. Representing the City
were the Public Works Director, Chief Building Inspector, Dave
Keller of the City Attorney Office and the City Administrator.
Many of the issues outlined in the staff memos were dicussed at
that meeting.
In summary, the problems as identified in Chief Building
Inspector Peterson and Director of Public Works Colbert's
memorandums are due mainly to a lack of follow-up by Tollefson
Builders Inc. Once a final plat and development agreement are
approved, it is the responsibility of the Developer to properly
satisfy all conditions of that agreement. In many instances,
Tollefson Builders have not satisfied conditions according to the
ag;reement executed with the City. There are cases where the
City has sent numerous letters to require compliance with the
development agreement conditions with no response by the
developer. During this process of correspondence and compliance
6/
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Nineteen
by the City, new residents move into a subdivision and begin to
complain to the elected officials and City staff as to why
certain development requirements have not been satisfied. There
have been many efforts made to work with Tollefson Builders
through written correspondence, telephone conversations and
meetings to discuss the problems the City experiences with their
lack of follow-up while a certain housing project is being
developed.. The Building Inspection Department has received
favorable compliance with the uniform building regulation.
However, Tollefson Builders Inc., does not have a valid general
contractors license in 1986. All contractor license renewals on
an annual basis are due during the month of January. 'The City
Administrator was not aware at the February meetings that
Tollefson Builders Inc. had not submitted a $'25 license fee for
the contractor license at the earlier meetings. Further, various
insurance requirements according to ordinance have not been sub-
mitted to date. Subsequently, the license fee, application and
necessary bonds and certificate of insurance were submitted on
February 21,, 1986. According to Chief Building Inspector
Peterson, a grace period is allowed until February 15 for
builders/contractors to renew their contractor license. During
this 45 -day period of time, builders who have a valid contractor
license from the previous year will be allowed to take out
building permits; however, if the contractor license is not
completed and approved by the City Council, no permits will be
issued after February 15. There have been instances where
Tollefson Builders has initiated foundation construction without
a building pe-rmit application and/or issuance of the required
site plan submittals, and has allowed occupancy to occur without
the required final building inspections. The City has received
notification by MPCA regarding dump sites at both Briar Hill and
Brittany Additions where building debris was either stockpiled or
buried. Within the Engineering Division as stated in the
attached memorandum, there has been a lack of response for
compliance with easements, street clean-up, restoration, lack of
permit applications for utility extensions which is required by
the Minnesota Polution Control Agency, erosion problems, grading
without permits, etc., which are addressed in the attached memo.
There are several courses of action the City Council may wish to
consider, all of which will be reviewed by the City Attorney's
office. The following is a list of those alternative actions:
Agenda Information Memo
March 4, 1986„ City Council Meeting
Page Twenty
1. Allow no further platting or development to occur by
Tollefson Builders until all outstanding issues have
been satisfactorily resolved for previous subdivisions
as identified by staff.
Z. Continue suspension of building permits to Tollefson
Builders until the contractor license is properly
processed by the City.
3. Consider not renewing the contractor license based on
reasons set forth by the City staff and City Council.
4. Require Tollefson Builders to enter into a stipulation
agreement with the City identifying issues to be
resolved with related compliance schedules, and.
appropriate consequence for future noncompliance.
5. Take no action.
6. Consider a combination or revision to the above
recommendations.
ACTION TO BE CONSIDERED ON THIS ITEM: To consider action
regarding the temporary denial of building permits that was
enacted at the February 4, 1986, City, Council meeting by adopting
one of the suggested courses of action with or without
modification.
Special Note: Enclosed on page6 is a copy of the notice that
was sent by the City Administrat r to Tollefson Builder dated
February 11. Also enclosed on paaes�0 through �� —a . re
memorandums prepared by the City Attorney's office addressing
• the contractor's license issue for Tollefson Builders.
G3
City Council Minutes
February 4, 1986
right turn lanes for the inter ectlon wit a ng[on Avenue. It was inaicatea
that the project anticipat closing Ya Doodle Road from May 15 to
November 15, 1986'It anticipate that a temporary access would be
provided by new construction of treets s th of Yankee Doodle in that area.
Egan moved, Ellison seconaea the . on o close the public hearing and
approve the installation of Pro 7P46 ankee Doodle Road — streets) dna to
authorize the preparation of a Cost Participation Agreement with Dakota
County. All voted in favor.
POND STORM SEWER OUT T —PROJECT #452
Mayor Blomquist then convened t e publ c hearing for Project 0452, Beryl
Pond, (storm sewer outlet). It wa oted t the petitioner has requested a
continuance of the hearing cue to i act o vegetation. Wachter moved,
Ellison seconaea the motion o con u th matter to March 2, 1986. Ail
• voted yes.
EASEMENT _VACATION "'BRITTANY 7TH ADDITIONe.p
The public hearing for vacation of a three foot area of side lot line
drainage and utility ease%cir
o the encroachment of recent construction
of a single family swellingn co ea by Mayor Bea Blomquist. Public
Works Director described ths es ncluaing an approximately 28 foot
deep sanitary sewer line which m y hay a insufficiently compacted in the
area encroached upon by two hom a th negotiations that had occurred
between the builder and the er of a home and the potential owner of the
second home where the v ca ' was being requested. The home owner and
potential home owner were present to discuss their concerns. Councilmembers
expressed their great concern in regard to the number of problems that had
occurred with Tollefson Builders, Inc. and the harm that it may represent to
residents of-6'agan. Staff was directed to inventory the problems that had
occurred and the negligence h. Wachter moved, Egan seconded
the motion to deny any fur err building pe its to Tollefson Builders, Inc.
and to consider revocation or tne ui s license if the findings of staff
regarding prior and existing probl s wit the builder substantiated the
suspension of the builder's license. 11 vt a in favor.
Egan moved, Wachter seconaea t e mo i n to close the public hearing
regarding the vacation of easement and to deny said vacation. All voted in
favor.
VACATION OF EASEMENT — WILDER[flS RUN 5TH ADDITION
The public hearing fority easement (Wilderness Run 5th
Addition) was convened by ayor Blomquist. It was inaicatea that a need for
vacation resulted from a rep atting or s which included new utility
easements without having ever formally qacted the old utility easements.
Smith moved, Ellison seconded the mot n to close the public hearing and
approve the vacation of common lot line drainage and utility easements over
Portions of Lots 6 and 7 of Wilderness Run 5th Addition. All voted yes.
V
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: CHIEF BUILDING INSPECTOR PETERSON
DATE: FEBRUARY 25, 1986
SUBJECT: FINDINGS REGARDING TOLLEFSON BUILDERS INC. AS
RELATED TO THE ISSUANCE OF BUILDING PERMITS
The Protective Inspections Department administrates the
contractor licenses according to the City Code. Each year a
grace period is allowed during the month of January and until
February 15 for those builders who have a contractor's license
and do business within the City of Eagan. If a renewal is not
received by February 15, no permits are issued to a builder
without a contractor license. Tollefson Builders Inc., did not
submit the fee, bonds and insurance certificates for the general
contractor license, in accordance with Section 6.42 of the Eagan
City Code, until February 21.
On several occasions during the past years, the City has
discovered the construction of foundations befor.e a building
permit application or required site plan have been submitted to
the City by Tollefson Builders. Also occupancy has occurred on
several occasions without a final occupancy inspection by this
department. This department believes that there are one or two
dwelling units within the Briar Hill development that may be
occupied but have never received the required final inspections.
Those records are being researched and compliance will be
required if records indicate the absence of a final inspection.
The City and Tollefson Builders were placed on notice by the
Minnesota Polution Control Agency that building material was
buried in the Briar Hill development which is not allowed
according to State regulations. The City has also received
complaints drat a dump site was occurring in both the Brittany
4th and 8th Additions; however, there is no sign that building
materials were buried. These complaints have been investigated
by this department.
Tollefson Builders were in violation of the model home ordinance
and have since complied. This model home was used as a sales
office and construction office.
I have not related specific incidences in this memorandum due to
the fact most violations are handled by a red tag and once they
are resolved, the building permit is finalized. The issuance of
red tags are quite customary by our inspection department and,
therefore, any record of a specific incident may be difficult to
locate.
If you need any further information on this matter, feel free to
contact me at any time.
Q�-x�
Chief Building Inspect r p5 DSP/kf
is
MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR
FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS
DATE: FEBRUARY 28, 1986
SUBJECT: TOLLEFSON BUILDERS, INC.
SUBDIVISION DEVELOPMENT REVIEW & EVALUATION
In response to the Council's directive of February 4th, the
Public Works Department has performed a research of past
subdivisions developed by Tollefson Builders, Inc., and have
summarized the various problems that have been experienced into
several general categories. These general problem areas that are
common to Tollefson Builders, Incorporated, developments are
listed as follows:
• A. Subdivision grading/excavation/drainage
1. Initiated grading and excavation activities without
application or receipt of required permits.
2. Nonconformance with City approved plans and specifi-
cations.
3. Nonconformance to subdivision development agreement
deadlines.
4. Delays in corrective action and/or damage claim
payment regarding drainage problems.
B. Erosion Control/Wetland Protection
1. Inadequate, incomplete and/or nonexistent erosion
control measures.
2. I-nadequate and/or nonexistent maintenance of
® temporary erosion control measures.
3. Noncompliance or significant delays in required
clean-up of resulting problems.
4. Inadequate, incomplete, noncompliance and/or
excessive delays in permanent restoration
requirements.
C. Public Improvements (Streets, Utilities & Services)
1. Initiated construction without all required
regulatory agency permits..
2. Initiated construction without proper notification
to City for required inspection services.
3. Noncompliance with City approved plans,
specifications, and/or standards.
4. Noncompliance with subdivision development agreement
completion deadlines.
5. Inadequate, incomplete and/or noncompliance with
final adjustments and/or modifications to existing
public utilities required by final building
construction and/or site grading.
6. Untimely and inaccurate preparation of record plan
drawings (asbuilts). /_/_
D. Land Subdivisions, Platting, Building
1. Inaccurate surveys and/or site plans submitted for
permit and/or development applications.
2. Encroachment into dedicated and recorded public
utility and/or ponding easements.
3. Delays in petitioning for required easement
vacations.
4. Noncompliance and/or delays in providing required
easement dedications.
5. Noncompliance and/or delays in the installation of
site development amenities (i.e., trails, tot lots,
street lights, landscaping/screening, etc.)
E. Development Agreement/Financial Guarantees
1. Delays and/or noncompliance with subdivision
development agreement conditions.,
2. Expiration and/or nonrenewal of required financial
guarantees.
3. Nonpayment and/or delays in reimbursing the City for
costs incurred.
F. Health/Safety
1. Improper and/or unauthorized storage, burial and/or
disposal of construction related debris.
Tollefson Builders, Inc., has performed both as a builder in
existing subdivisions (Pilot Knob Heights, Ches Mar, etc.) and a
developer (Briar Hill and Brittany 'Additions). While the
majority of the items listed above pertain to development related
activities, several of the above -listed items have also been
experienced during the construction of individual dwellings.
As these problems have been identified, the City has contacted
Tollefson Builders, Inc., via both the telephone and written
correspondence informing them of the specific problem and
requesting corrective action. Due to the fact that individual
building construction and subdivision development has been
occuring since approximately 1978, many issues and problems which
have previously been identified have been satisfactorily resolved
as of this date. However, several of those issues have resulted
in excessive requests, registered correspondence, a temporary
hold on building permit issuances and collection of financial
guarantees to insure compliance. Several of these issues have
taken 2+ years to resolve. Several issues still have not been
satisfactorily complied with as of this date.
Due to problems that have occured in the past with the private
installation of public streets and utilities by Tollefson
Builders, Inc., the Public Works Department will no longer allow
those public improvements to be installed privately. We will
require all future public improvements to be installed through a
City contract to insure proper compliance with all requirements.
�7
•
While several of these problems are not unique to Tollefson
Builders, Inc., as a builder or a developer, the major problem
has been getting satisfactory corrective action to be initiated
within the reasonable time frame required by the City and
expected of by the affected property owners.
In trying to resolve these problems, it would be the Public Works
Department recommendation that a stipulation agreement be entered
into between the City and Tollefson Builders Incorporated whereby
they would identify what internal orginizational procedures will
be implemented to assure compliance with City requirements,
minimize problems associated with construction and the prompt
resolution to problems when identified. It is also recommended
that significant consequences be deliniated, agreed to and
implemented for any future violations or deviations from the
stipulations of that agreement.
® The Public Works Department is presently preparing a
comprehensive specific "Punch List" of items unresolved as of
this,date, which will be presented to Tollefson Builders
Incorporated, requesting action by a specified date.
I firmly believe that through the concerted cooperative effort by
Tollefson Builders Incorporated with the City of Eagan, that the
majority of the previously identified problems can be resolved
and or greatly minimized in the future. I will be ready, willing
and able to provide whatever assistance is necessary to achieve
this end result, as it is recognized that it will be to the
benefit of the City as a whole and individual property owners in
particular. Please let me know if any additional detailed
information is required to further identify the problems and/or
proposed solutions regarding this issue.
Public Works Director
TAC/kf/jh
®F eco
3830 PILOT KNOB ROAD. P.O. BOX 21199
BEA BLOMQUAST
EAGAN. MINNESOTA 55121
Mw
PHONE: (612) 454-8100
THOMAS EGAN
JAMES A SMITH
VAC ELLISON
February 11, 1986
THECooDOR�em�rsrER
..
THOMAS HEDGES
City Atl ,mww r
EUGENE VAN OVERBEKE
CiN CI¢@
CARL TOLLEFSON
TOLLEFSON BUILDERS INC
12617 FAIRGREEN AVE
APPLE VALLEY MN 55124
Re: Building Permits
Dear Mr. Tollefson:
You are hereby advised that the Eagan City Council, on February 4,
1986, did vote to suspend the issuance of further building permits
to Tollefson Builders, Inc., based upon the problem that has
arisen in regard to the developer -installed sanitary sewer line in
Brittany 7th Addition, and a history of other types of construction
problems.
Further, the Council moved to consider revocation of Tollefson
Builders, Inc. is contractor license if an inventory of the problems
that have arisen in the past substantiates such a decision. This
item is scheduled for Tuesday, March 4, 1986, as a part of the
regular City Council agenda.
It is assumed that you
again considered and t
regard to the problems
thereof.
Sincerely,
��
Thomas L. Hedges
City Administrator
TLH/kf
would want to appear when this matter is
o provide information to the Council in
that have occurred and the resolution
THE LONE OAK TREE ... THE SYMC OF STRENGTH AND GROWTH IN OUR COMMUNITY
i
PAUL H. HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN
MICHAEL J. MAYER
HAUGE, FIDE & HELLER, P. A.
ATTORNEYS AT LAW
CEDARVALE PROFESSIONAL BUILDINGS
9908 SIBLEY MEMORIAL HIGHWAY
EAGAN. MINNESOTA 55122
February 17, 1986
Mr. Thomas Hedges
® City Administrator
3830 Pilot Knob Road
Eagan, Minnesota 55122
Re: Tollefson Builders, Inc. Contractor's License
Dear Mr. Hedges:
AREA`CODE 512
TELEPHONE 454-4224
In regard to the Council's actions relative to Tollefson Builders, Inc.
adopted on February 4, 1986 we have been asked to research the issues
surrounding the suspension of building permits and possible revocation of the
contractor's license of Tollefson Builders, Inc.
1. There appear to be two issues in regard to suspending or refusing building
permits. First, there is the question of whether it is not the equivalent
to revocation of license, therefore requiring a fair hearing process. The
second question is whether refusing building permits is the proper action
® in this particular situation. In our opinion, it could be argued that the
criteria for the issuance of a building permit is compliance with the
Uniform Building Code, Section 4.01 of the City Code and the Subdivision
Ordinance along with the Zoning Ordinance. Thus, the past actions of a
developer and/or builder may not be one of the criteria which are normally
addressed by the Building Inspection Department.
2. Revocation of the license of a building contractor appears to be the
appropriate remedy for the history of serious problems. However, it is
our opinion that common law requires that the contractor benefit from due
process with a notice of hearing before the governing body. Further,
Eagan Code Section 6.03, Subd. 5 provides that before a license may be
revoked the Council shall give notice to the licensee and grant such
licensee the opportunity to be heard. Notice shall be given and the exact
time of hearing shall be stated in the Resolution calling for such a
hearing.
It is our recommendation that the City Council reconsider the denial of
building permits at the next Council meeting at which time this office will
�D
4�
Mr. Thomas Hedges
February 17, 1986
Page Two
provide a list of reasons for or against the denial of building permits. In
addition, the builder should be given notice of the Council hearing and
advised to make its presentation in regard to the question of both building
permits and the possible revocation of its contractor's license.
DGK:cjb
;1/
Sincerely yours,
HAUGE, EIDE & KELLER, P.A.
David G. Keller
•
•
E
HAIIGE, FIDE & AFLLFR, P. A.
ATTORNEYS AT LAW
CEDARVALE PROFESSIONAL BUILDINGS
3908 SIBLEY MEMORIAL HIGHWAY
EAGAN, MINNESOTA 05122
PAUL H. HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. SELLIN
MICHAEL J. MAYER
February 27, 1986
Mr. Thomas Hedges
City Administrator
3830 Pilot Knob Road
Eagan, Minnesota 55122
Re: Tollefson Builders, Inc.
Contractor's License/Construction Issues
Dear Mr. Hedges:
AREA CODE 612
TELEPHONE 454-4224
There were several issues raised at the meeting February 24 at the City Hall
involving Carl Tollefson and two of his staff, Dale Peterson, Tom Colbert, you
and me. Hopefully, this letter will address most of those issues and provide
additional information for the upcoming Council meeting on March 4, 1986.
1. Chapter 6 of the City Code does require that a contractor be given notice
of a public hearing at which the revocation of his license is to be
considered. This has been done and the additional question of whether a
valid license now exists has been raised. In our opinion the non -renewal
may not be=an issue. First, because contractors are not noticed until
January of the need to renew their January 1 licenses with the result that
many have only recently provided the necessary information. Second, at
the meeting it was suggested that Tollefson Builders did have all of their
required materials in to the City. Third, Chapter 6 does not have a
specific provision for non -renewal and we would therefore recommend that
the same procedure as revocation be used to insure due process and the
opportunity to be heard.
2. The Council directed staff to provide an inventory of existing and past
problems with Tollefson Builders. Obviously, such information becomes
public knowledge if provided to the Council for the public hearing
required under the ordinance. Therefore, it would seem appropriate that
the City cooperate as much as possible with Tollefson Builders to avoid
the unnecessary publicity of an open meeting confrontation. However, as
long as the information is accurate and truthful, we see no liability on
the part of the City unless Tollefson Builders, Inc. were able to show
discrimination in the treatment of builders.
7
Mr. Thomas Hedges
February 27, 1986
Page Two
3. How then should the issues be processed to ensure an adequate hearing and
avoid unnecessarily damaging remarks? We would recommend that Tollefson
Builders, be given the opportunity to respond to the written inventories
in writing and the actual decision continued to a future Council meeting.
At that time the inventory and builder's response are available and each
of the council members has had an opportunity to review both with perhaps
a limited discussion with the builder.
4. What are the remedies available to the City? The Council should consider
whether the problems that have been described relate to Tollefson Builders
as a developer or as a builder which would affect the types of remedies
available.
a. Suspension of building permits would appear to be a remedy against the
specific builder and should relate to the specific issues considered
by the Building Inspections Department when issuing a building permit.
Thus the Council should consider whether the inventory describes a
sufficient number of building construction problems justifying the
suspension of permits as opposed to developer type problems.
b. The Council may decide to revoke or not renew the builder's license.
It appears that to meet the constitutional requirements of due process
in acting upon a license revocation, the following are required:
(1) A notice of the time and place of hearing with a reasonably
definite statement of the charges alleged, the facts upon which
the --charges are based, and the right to be present and represented •
by counsel. We understand this has been done in writing or in
person.
(2) A hearing before the Council.
(3) The right to cross-examine the witnesses against the applicant or
licensee.
(4) The right to produce witnesses.
(5) Full consideration and fair determination according to the
evidence by the Council.
(6) A record or transcript of the hearing.
c. Not allow the developer to construct utilities by private contract.
This is a specific remedy addressing a specific problem and may be
appropriate if this is indeed the problem. It would be well to
document the problems and showthatthey could have been remedied with
the proper supervision.
73
0
•
Mr. Thomas Hedges
February 27, 1986
Page Three
d. Deny the approval of any further final plats. This might be
conditioned upon remedying the problems described or be permanent in
nature. We have not located case law on this specific issue where the
plat was not denied because of some objection about the specific plat.
e. Refuse to issue building permits in any of the developer's
subdivisions. This remedy may have been used in another situation.
It appears applicable to developer type problems and should perhaps
provide for a method for reinstatement upon complying with certain
action by the developer.
f. The staff may, at the time of the next Council meeting have proposed
specific penalties or remedies for specific types of problems which
have previously occurred.
DGK:cjb
Sincerely yours,
HAUGE, EIDE 6 KELLER, P.A.
OL,c -h
David G. Keller
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Twenty -One
CONDITIONAL USE PERMIT/HONG WONG RESTAURANT ON -SALE LIQUOR
B. Conditional Use Permit Reconsideration, Hong Wong Restaurant
to Allow On -Sale Liquor License --At the February 4, 1986, City
Council meeting to reschedule the on -sale liquor license application
submitted by Hong Wong Restaurant to allow the public an opportunity
to be heard on this item. At the last City Council meeting that
was held on February 18„ 1986,.action was taken to amend the on -sale
liquor license policy to allow for the issuance of two (2) licenses
for establishments such as Hong Wong Restaurant that is located
in a commercial shopping center. The amendment to the on -sale
liquor license policy will allow the building valuation requirement
of $200,000 to be waived for this type of business. For a copy
of correspondence that was sent to the applicant and the notifica-
tion sent to those property owners within 350 feet refer, to pages
A through _77_.
For a copy of the City Planning Department report, refer to pages
through fo. Also attached to the report is a copy
of the Planning Commission action that was taken on December 19,,
19$'5.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
conditional use permit that would allow an on -sale liquor license
for Hong Wong Restaurant.
7�
NSC city of eagan
3830 PILOT KNOB ROAD. P.O. BOX 21199
BEA BLOMQUIST
EAGAN, MINNESOTA 55121
MWor
PHONE: (612) 454-8100
THOMAS EGAN
JAMES A. SMITH
February 12, 1986
VC
THEODORELWAOCHTER
Council Mambers
THOMAS HEDGES
City minisrrwor
LINDA WONG
EUGENE VAN OVERBEKE
City Clerk
842 SUDBERRY LANE
EAGAN MN 55123
Re: Application for On -Sale Liquor License at Hong Wong Restaurant
® Dear Ms. Wong:
In official action that was taken by the Eagan City Council at a
regular meeting held on February 4, 1986, a public hearing was set
for the March 4, 1986, City Council meeting to further consider
your application for a conditional use permit to allow an on -sale
liquor license at Hong Wong Restaurant located in the Cedar Cliff
Shopping Center. It is the desire of the City Council to allow
the neighborhood adjacent to Cedar .Cliff Shopping Center an oppor-
tunity to express their support or objection to the proposed
on -sale liquor license.
There was also action taken by the City Council to review the
on -sale liquor license regulations at the February 18 City Council
meeting. Presently, on -sale liquor licenses cannot be issued for
establishments with a building valuation less than $200,000. This
® type of regulation for the most part restricts the issuance of
on -sale liquor license for restaurants located in shopping centers.
It. is the intention of the City Council to review this regulation
and other regulations, such as the designation regarding the
number of on -sale liquor licenses to be issued in the community,
at the next City Council meeting.
I enjoyed the opportunity to meet with you last Thursday, February
6, and hopefully my explanation was helpful for a better under-
standing of the history and procedural concerns that are related
to further consideration of your on -sale liquor license.
If you have any questions, please feel free to contact this office
at any time.
Sincerely,
Thomas L. Hedges D
City Administrator /
TLH/kf ,(p
. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
MV ®F eagan
3830 PILOT KNOB ROAD. P.O. BOX 21199
BEA BLOMOUIST
EAGAN, MINNESOTA 55121
Mwor
PHONE: (612) 454-8100
1HOMASELAN_
.
JAMES A SMITH
MC ELLISON
THEODORE WACHTER
Coundl Members
THOMAS HEDGES
February 12, 1986
ORy Ab ,m1rolo,
EUGENE VAN OVERBEKE
Cary Clerk
Re: Conditional Use Permit and On -Sale
Liquor License Request for
Hong Wong Restaurant
Dear Adjacent Property Owner:
At the March 4, 1986, City Council meeting, the conditional use
permit and on -sale liquor license for Hong Wong Restaurant are
scheduled for further. consideration. If you have any questions or
a position you would like to state regarding the proposed on -sale
liquor license for Yong Wong Restaurant, this public hearing was
scheduled for that opportunity.
If you have any questions regarding the status of the conditional
use permit or on -sale liquor license application, please feel free
to contact this office at any time. The purpose for delaying
further consideration of the on -sale liquor license is to allow
additional procedural review and input by the adjacent property
owners.
Sincerely,
Thomas L. Hedges
City Administrator
TLH/kf
77
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
CITY OF EAGAN
SUBJECT: CONDITIONAL USE - HONG WONG RESTAURANT
APPLICANT: LINDA WONG
LOCATION: LOT 1, BLOCK 2 CEDAR CLIFF COMMERCIAL PARK
EXISTING ZONING: P.D.
DATE OF PUBLIC HEARING: DECEMBER 19, 1985
DATE OF REPORT: DECEMBER 11, 1985 /
REPORTED BY: JIM STURM
• APPLICATION: An application has been submitted requesting a
Conditional Use Permit for 'on sale' liquor sale at the the Hong
Wong restaurant in the Cedar'Cliff Shopping Center.
COMMENTS: The Hong Wong restaurant that opened this fall already
has a beer and wine license. Recently, there had been City Council
discussion as to whether the Development Agreement for the Cedar
Cliff Shopping Center prohibited the issuance of liquor licenses.
It was determined that no restrictions were in effect. The
applicant is in the process of obtaining the required permit
from the City Police Department.
If approved, this Conditional Use Permit shall be subject to
the following conditions:
1)
•
The
necessary permits
be approved
by the City Police Department.
2)
All
other applicable
ordinances be
adhered to.
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SITE PLAN LFL!l
•
•
APC Minutes
December 19, 1985
3. If this development cannot obtain the necessary slope easements from
the westerly adjacent property, then this development will be responsible for
constructing the necessary retaining walls to conform to the grading plans.
4. Project #455 shall be authorized by Council prior to final plat
approval.
5. This development shall dedicate a 50 foot half right-of-way for
Deerwood Drive.
6. This development shall dedicate a 20 foot utility easement over the
watermain and hydrant lead constructed within this site.
7. This development shall enter into a Waiver of Hearing to include
upgrading of assessments from the single family/agriculture rate to
commercial/inaustrial rate to be included with Project #455.
8. This development shall be responsible for a trailway along Deerwood
Drive, the cost of which shall be included with the Waiver for Project #455.
9. This development shall be responsible for lateral benefit from trunk
sanitary and trunk storm sewer at the rates in effect at the time of the
public hearing for Project #455.
10. This development shall be responsible for all costs associated with
watermain, sanitary sewer service, storm sewer, street and parking lot
construction within the site.
11. The applicant shall provide a satisfactory landscape plan.
12. That parking will be allowed only on one side of the access road.
13. That visitor parking stalls shall be 10 by 20 feet in size.
All voted yea.
HONG WONG RESTAURANT -
USE PERMIT/LIQUOR
Chairman Hall called the public hearing for the conditional use permit
application of Linda Wong for an on -sale liquor license at Hong Wong
Restaurant in the Cedar Cliff Shopping Center. There were no members of the
public present to object. However, it was noted that Commissioner McCrea had
been contacted and requested that there be assurances that the on -sale license
would allow for sale and consumption only in conjunction with the consumption
of food. McCrea moved, Wilkins seconded the motion to recommend approval of
the request for a conditional use permit for on -sale liquor, subject to the
following conditions:
1. The necessary permits be approved by the City Police Department.
2. All other applicable ordinances be adhered to.
•
•
Agenda Information
March 4, 1986, City
Page Twenty -Two
Memo
Council Meeting
ON -SALE LIQUOR LICENSE FOR HONG WONG RESTAURANT
C. On -Sale Liquor License for Hong Wong, Restaurant --The background
information was covered in item B, Old Business.
A copy of the on -sale liquor license application was distributed
as a part of the February 4 City Council packet without page number.
If any member of the City Council has misplaced that application
document, please contact this office and a new copy will be
provided.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
on -,sale liquor license for Hong Wong Restaurant as: presented.,
IONAL
SIGN
D. Preliminary Plat Consisting of Approximately 2.1 Acres and
Containing One Strip Commercial Facility with 18,620 sq. ft. Strip
Retail Center and a Conditional Use Permit for a Drive -In Restaurant
Facility and a Pylon Sign --A public hearing was held by the Advisory
Planning Commission at their January 28, 1,986 meeting to consider
an application sent in by K Charles Corporation for a retail strip
center, conditional use permit for a drive- through restaurant
facility and a pylon sign. The APC is recommending approval of
these permits. At the City Council meeting held on February 4,
1986, concern was expressed by the Council that an overall develop-
ment plan should be prepared for that parcel of propertylocated
between Krestridge Lane and Duckwood Drive, referred to as the
hump. Since there are several property owners which could generate
numerous development plans there was concern that the overall
land area be analyzed to properly consider the overall land use
and transportation planning. For a copy of a Planning Department
memo and drawings indicating the land -use and transportation
movement for the "hump", refer to pages through g'3
For a'copy �of the original Planning and Engineering report, refer o -
to pages through .21 which also includes the APC action
of January 28, 1986.
ACTION TO BE CONSIDERED ON THIS ITEM: Approve or deny 1) Prelimi -
nary Plat,2;),Conditional Use Permit,3) Pylon Sign.
Fol
MEMO TO: THOMAS L HEDGES, CITY ADMINSTRATOR
FROM: DALE C RUNKLE, CITY PLANNER
DATE: FEBRUARY 27, 1986
SUBJECT: UPDATE ON K. CHARLES DEVELOPMENT PROPOSAL
The direction of the City Council at the February 18, 1986, City
Council meeting was to review the surrounding land and determine
what property has developed and how the undeveloped property would
develop in the future. As you can see by the attached exhibit,
Hardee's Restaurant and the location of the proposed K. Charles
development is located at the corner of Krestwood Lane and Duckwood
Drive. The property owners to the east have proposed a 48,000 sq.
• ft. strip center potential and 1 outlot of approximately 1 acre.
As to how the affected land east of K. Charles could develop,
staff would like to stress this is only a proposal and that a
number of alternatives could still occur on the property to the
east. At the present time, the applicants are also showing an
outlot directly south of K. Charles, which again, had been men-
tioned as a proposed location for a second bank facility on the
Krestwood Lane area.
Staff has also contacted the owners of the property north of
Duckwood Drive in the Town Center 70 parcel (Federal Land Company).
It was indicated that they do not have any specific plans at this
time and no site plans have been submitted for this parcel.
Hopefully, this is the information that the City Council wanted as
to how this overall development would occur in the Duckwood Drive
corridor. If anyone would like additional information, please
feel free to contact me at the City Hall so that this information
can be provided at the March 4, 1986, City Council meeting.
�-
City Planner J�
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CROSSROADS OF EAGAN
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PILOT KNOB
ASSOCIATES
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CITY OF EAGAN
SUBJECT: PRELIMINARY PLAT & CONDITIONAL USE PERMIT
APPLICANT: K. CHARLES DEVELOPMENT CORP
LOCATION: NW4, SECTION 15
EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER)
DATE OF PUBLIC HEARING: JANUARY 28, 1986
DATE OF REPORT: JANUARY 16, 1986
• REPORTED BY: PLANNING & ENGINEERING
APPLICATION SUBMITTED: Two separate applications :.ave been submit-
ted by the K. Charles Development Coi:porat-'.on. The first being
a preliminary plat for a 17,620 sq. ft. re';.ail strip center along
the southern side of Duckwood Dr and east of Krestwood La. The
other is a conditional use for a pylon sign and drive-thru for
a restaurant on the eastern portion of the building.
ZONING & LAND USE: This site is surrounded by CSC (community
shopping center) zoning on the north and east. To the west is
the proposed Hardee's Restaurant. It will be important that
the access points to Hardees and the subject site meet across
from each other. The area to the south is designated limited
• business, just east of the First Bank Eagan. The land is flat
with little or no vegetation at this time.
SITE PLANNING & CODE COMPLIANCE: This plat will consist of the
retail area ± 2.1 acres and an outlot of nearly 1 acre to the
south. Two entry/exit points are provided, .one along Krestwood
La and the other on Duckwood Dr. Both are large enough for east
vehicular movement and.have good site lines. Most of the parking
will be on the northern one-half of the site. A one way loop
road along the southern portion of the site will provide parking
for 29 cars and stacking for the fast food menu board and pick
up area. City Code requires one parking stall per 150 sq. ft.
in retail areas.- This 12,620 sq. ft. center will require 84
stalls. The fast, food restaurant, a food fair type that will
include the Golden Skillet and a Dairy Queen, will not have a
separate parking area but use available stalls from the 109 that
are provided. The parking stalls are shown to be 10' wide and
both building and parking setbacks meet Code requirements.
Staff has recommended. that an easement between the retail aree
and the out -lot be created_ to allow movement between the parcel:
without going on Krestwood first. Also, that only one acces.,
be allowed onto Krestwood from the o tlot.
K CHARLES DEVELOPMENT
PRELIMINARY PLAT 8 COND USE PERMIT
JANUARY 28, 1986
PAGE 2
The interior lighted pylon sign will
Dr entrance and must be placed 10'
the widest portion of the signage
be approx. 90 sq. ft per.side and the
1,
be located west of the Duckwood'"'`
within the property line from
area. This sign area will
height will be 20'.
COMMENTS: The building's exterior will be brown iron spotted
brick over concrete block with a concrete walkway in front. _
Store front accents will be achieved through the use of anodized
aluminum - the color has yet to be determined. A rock faced
coping will continue around the entire building above the sign
band area. The signage will typically be ± 24". The back side
of the building will be 8" single score painted concrete block. ,
The gabled entry to the Food Fare area will be sky lighted
and serve as a major focal point. A tot lot will be provided
adjacent to the northern portion of the restaurant and will require •
some form of safety barrier from the parking/road areas. A separate
trash area has not been shown, therefore, it is assumed that
all debris will be contained within the building.
GRADING/DRAINAGE: Because this site is rather flat, the grading
the applicant is proposing is certainly feasible. The final
grading plan the applicant submits for final plat approval shall
contain adequate erosion control methods in accordance with the
City's Erosion Control Manual.
This site lies within major drainage district D as shown in Figure
1. All downstream trunk storm sewer facilities within this district
are in place. No trunk storm sewer facilities are necessary
as a result of this development.
However, -this development will- be responsible for extending
the existing _storm .sewer outlet from Krestwood La to their east •
property line.
UTILITIES: Sanitary sewer and watermain of sufficient size,
capacity and depth exist within Krestwood La and Duckwood Dr.
This development will not require any utilities extensions.
STREETS-: buckwood Dr borders this proposed development on .the
north and Krestwood La borders on the west. Both streets are
City streets. Duckwood Dr is classified as a community collector
street and was constructed to City standards in 1985 under project
429. Krestwood La is classified as a local street also .built
to City standards..
The northerly access to this development from Duckwood Dr lines
up with Town Centre Dr 70 to form a four-way intersection. The
westerly access from Krestwood La is far enough away from the
Duckwood Dr intersection to provide safe ingress and egress.
However, staff recommends the Commission stay flexible and requirQ`.,:�
this development to work_ with the proposed Hardee's, across theme%
street, to. line up their respective entrances onto Krestwood
La. Finally, staff recomme dst that the Commission allow only
e
K CHARLES DEVELOPMENT
PRELIMINARY PLAT & COND USE PERMIT
JANUARY 28, 1986
z PAGE 3
one access to the proposed outlot because it wil not be wide
enough to support two accesses. Staff recommends this development
provide for a cross easement so that both the proposed outlot
and this development can share the westerly access.
RIGHT-OF-WAY/EASEMENTS: This development shall dedicate a 40
foot half right-of-way for Duckwood Dr and a 30 foot half right -of- ._
way for Krestwood La.
This development shall also dedicate a 30 foot utility easement
for the storm sewer extension.
ASSESSMENTS: This development will be responsible for trunk
area storm sewer assessments at the rates in effect at the time
of final platting.
• CONDITIONS:
1) This development shall be responsible for extending the existing
storm sewer from Krestwood La to its east line.
2) This development shall be responsible for working with the
development across the street to line up their respective
accesses onto Krstwood La.
3) Only one access shall be allowed onto Krestwood La for the
outlot.
4) Cross easements shall be provided by the applicant so that
both the developed lot and future outlot can share one access
onto Krestwood La.
• 5) This development shall dedicate 40' & 30" half right-of-ways
for Duckwood Dr & Krestwood Ln respectively.
6) This development shall be responsible for trunk storm sewer
area assessments at the rates in effect at the time of final
platting.
7) The- pylon sign be located 10' within the property line .and
subject to the one time sign ordinance fee of $2.50/sq, ft.
8) A detailed landscape plan on the proposed grading plan be
submitted demonstrating suitable screening and berming of
the parking areas.
9) An easement be created between lot 1 and the outlot to provide
road access between the two parcels at, the time the outlot
is developed.
10) Only one access be .allowed from Krestwood Ln into the outlot.
Kelse EP#AN CONVENIENCE CENTER
Varney
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•
•
Agenda Information
February 18, 1986,
Pace Twenty -Nine
:;e ;.o
City Council Meeting
PRELIMINARY PLAT, CONDITIONAL USE PERMIT AND PYLON SIGN
K CHARLES DEVELOPMENT CORPORATION
D. Preliminary Plat Consisting of Approximately 2.1 Acres and
Containing 1 Strip Commercial Facility With 18,620 Square Foot
Strip Retail Center, Conditional Use Permit and a Pylon Sign --
A public hearing was held by the Advisory Planning Commission
at their January 28, 1986 meeting to consider applications submitted
by K Charles Corporation for a retail strip center, conditional
use permit for a drive-through restaurant facility and a pylon
sign. The Advisory Planning Commission is recommending approval
of the preliminary plat and conditional use permits. For additional
information on this item refer to the Planning and Engineering
Department report, copies enclosed on pages //3 through &O
for your review. The APC is recommending hat a cash dedication
requirement be allowed consistant with the City's commercial/
industrial policy. For action that was taken by the APC refer
to a copy of those minutes found on pages through baa
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
preliminary plat, conditional use permit and pylon sign for the
K Charles Addition as presented.
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I plate 4:
K. CHARLES DEVELOPMENT CORP. - PRELIMINARY PLAT & CONDITIONAL USE PERMIT
Chairperson McCrea then convened the public hearing regarding the
preliminary plat request andc itional use permit for a 17,620 square foot
retail strip center with and in ludi a 6,000 square foot drive-through
restaurant and pylon sign located art he northwest quarter of Section
15, south of Duckwooa Drive and east tw Lane. Dale Runkle explained
lF-that the proposal met the City requi a ents. ob Venny, architect for the
-�' project, was present to answer q e ns. equest for nine foot parking _
spaces for employees at the r o e building was requested. A
representative of Krestwood nd 'niums expressed concern about hours,
lighting and traffic. It was po nted out that the pylon sign must comply with
code in relation to the previously permitted Hardees pylon sign. Trygg moved,
Bohne seconded the motion to recommend approval of the preliminary plat and
• conditional use permit for a pylon sign, and drive-through facility, subject to...
.: .,.,,the following conditions: -.
1. This development shall be responsIDie i extending the existing storm
sewer from Krestwood Lane to its east liFel
2. This development shall be respon i le f r orking with the development
across the street to line up their respective a ce sea onto Krestwood Lane.
3. Only one access shall be allowed onto Krestwood Lane for the outlot.
4. Cross easements shall be provided by the applicant so that both the
developed lot and future outlot can share one a ce s onto Krestwooa Lane.
- 5. This development shall a 30 foot half right-of-ways
for Duckwooa Drive and Krestwood Lane respectively. -
6. This development shall. be responsib a for trunk storm sewer area '.._
assessments at the rates in effect at the time tLyinal platting.
APC Minutes
January 28, L986
1
.<`
11. If public improvements r o e ins a1Lea under City contract,
the
appropriate improvements shall ordered for tallation by Council action
prior to final plat approval.
12. The developer shall comp wi at et revisions presented by
12. The developer shall comp
the
Commission on January 28, 1986, inc "n shortening of the cul-de-sac
on
the east side of the park property, (b) deleting the eyebrow on the originally
proposed street conception, (c) deleting the small cul-de-sac in
the
southeasterly portion of the plat, (d) extending the street in
the
northeasterly corner of the plat, and (e) providing a through -street in
the
northwest corner of the plat.
13. The developer shall comply w t the ocess found necessary by
the
City of Eagan to properly rezone the pr rty t -1.
•
All voted in favor.
K. CHARLES DEVELOPMENT CORP. - PRELIMINARY PLAT & CONDITIONAL USE PERMIT
Chairperson McCrea then convened the public hearing regarding the
preliminary plat request andc itional use permit for a 17,620 square foot
retail strip center with and in ludi a 6,000 square foot drive-through
restaurant and pylon sign located art he northwest quarter of Section
15, south of Duckwooa Drive and east tw Lane. Dale Runkle explained
lF-that the proposal met the City requi a ents. ob Venny, architect for the
-�' project, was present to answer q e ns. equest for nine foot parking _
spaces for employees at the r o e building was requested. A
representative of Krestwood nd 'niums expressed concern about hours,
lighting and traffic. It was po nted out that the pylon sign must comply with
code in relation to the previously permitted Hardees pylon sign. Trygg moved,
Bohne seconded the motion to recommend approval of the preliminary plat and
• conditional use permit for a pylon sign, and drive-through facility, subject to...
.: .,.,,the following conditions: -.
1. This development shall be responsIDie i extending the existing storm
sewer from Krestwood Lane to its east liFel
2. This development shall be respon i le f r orking with the development
across the street to line up their respective a ce sea onto Krestwood Lane.
3. Only one access shall be allowed onto Krestwood Lane for the outlot.
4. Cross easements shall be provided by the applicant so that both the
developed lot and future outlot can share one a ce s onto Krestwooa Lane.
- 5. This development shall a 30 foot half right-of-ways
for Duckwooa Drive and Krestwood Lane respectively. -
6. This development shall. be responsib a for trunk storm sewer area '.._
assessments at the rates in effect at the time tLyinal platting.
APC Minutes
January 28, 1986
7. The pylon sign shal b oca a eet within the property line and
subject to the one time sig ainance fee 2.50 per square foot.
8. A detailed landscaa lan on h proposed grading plan shall be
submitted demonstrating suits e s ng a berming of the parking areas.
9'. An easement shall be created between Lot 1 and the Outlot to provide
road access between the two parcels at the time the outlot is developed.
10. Only one access shall be allowed from Krestwooa Lane into the outlot.
All voted in favor.
ECONOMICS LABO OR IN WAIVER OF PLAT -
City Planner Runkle aavi t t licant has requested a continuance •
of this matter. All members voted in favor of a continuance.
AIRCO INDUSTRIAL GASES - CONDITIONAL USE PERMIT
Chairperson McCrea then comme the public hearing for conditional use
permit for two above-grouna IT d sto tanks on 2.3 acres on Lot 5 of the
Robert O'Neil homestead, locate p he southeast quarter of Section
2, north of Trunk Highway #55 no D oad. A representative of the
,applicant was present and wi a the uest for a conditional use permit �.�.
for a 14 ft. by 14 -ft. by 2 hi esel tank, and is requesting only
consideration for a 14 ft. 7 t. CO2 tank. Mr. Mark Parranto was present
on behalf of RES Partne ship to object as being located too close to the
proposed office building sites. It was suggested that the tank might be
'considered a heavy industrial use. Mulrooney moved, Trygg seconded the motion
to recommendapprovalof the.conoitional use permit for CO2 tank. Four voted.:•
.,against and three voted in
EAGAN CENTITE L REVIEW
Mr. Jim Curry was present to v ew h Eagan Center Site Plan review,
which now included a self-service gas stat with grocery store and separate
service bays on the west end of. the proposed commercial site. Bohne
recommended approval of the site plan and subject to (1) City Ordinance, (2)
staff conditions, and (3) compliance with Uniform Building Code and any other
state building or fire codes. Trygg seconded the motion and all voted in
favor.
ZONING AMENDMEN - PUD RENEWAL,PUD RENEWAL, EJTENSION b TERMINATION.
Because of the late hour, this item waLintinued.
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Twenty -Three
CONDITIONAL USE PERMIT/AIRCO INDUSTRIAL GASES
E_ Conditional Use Permit for Above Ground Liquid Storage Tanks
Located on 2.3 Acres on Lot 5„ Robert O'Neill Homestead --A public
hearing was held before the Advisory Planning Commission at their
last regular meeting, held on January 28, 1986,, to consider an
application for a condit-onal use permit to allow two (2) above
ground liquid storage tanks on Lot 5 of the Imre Addition west
of T.H. 149 and north of T.H. 55. The APC is recommending denial
of the conditional use permit for outside storage. At the February
18, 1986 City Council meeting, this item was reviewed and due
• to several changes that were made by the applicant the item was
sent back to the APC for further consideration. The APC did review
the conditional use permit as revised by the applicant and is
recommending approval of the outside storage to the City Council.
For a copy of the revisions as considered by the Planning Commission
refer to to the City Planner's memo found on page.
�, For additional information refer, to the
original Planning Department report, copies are enclosed on pages
496 Through ,/00 which includes the APC action. For a copy
of th'e APC action that was taken at the February 25, 1986 meeting
refer to pages /6 -/oz
•
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
conditional use permit for above ground liquid storage tanks as
presented by Airco Industrial Gases.
95(
W
MEMO TO:
CHAIRPERSON
MC
CREA & THE
ADVISORY
PLANNING
COMMISSION
FROM:
JIM STURM,
ASST
PLANNER
DATE: FEBRUARY 20, 1986
SUBJECT: AIRCO INDUSTRIAL GASSES CONDITIONAL USE PERMIT
On the January 28, 1986 Advisory Planning Commission meeting,
Airco Industrial Gasses applied for a conditional use permit
to allow the storage of carbon dioxide .(CO -2) in above ground
tanks. This request was denied in a 4 - 3 vote.
Since then, the applicant has submitted an alternative to City
staff.. The proposed CO -2 --Eanks will now measure approx. 8' x
56' x 9' (height). As a reference, these white tanks will be
smaller than those of a semi -truck trailer. At the February
18th City Council meeting this item was referred back to the
APC for additional review. The applicant will be present at
the meeting with pictures of the site and to answer additional
questions.
Section 31U-3
i�CO Industrial Gases 50 Ton Receiver
TOMCO Design
64=1
00
C
. s t
m
4� 561-6° 90°—
CITY OF EAGAN
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: AIRCO INDUSTRIAL GASES
LOCATION: LOT, 5, IMRE ADDITION, SEs, SECTION 2
EXISTING ZONING: PLANNED DEVELOPMENT (P.D.)
DATE OF PUBLIC HEARING: JANUARY 28, 1986
DATE OF REPORT: JANUARY 8, 1986
REPORTED BY: JIM STURM
APPLICATION SUBMITTED: •An application has been submitted requesting •
a Conditional Use Permit to allow two (2) above -ground liquid
storage tanks on lot 5 of the Imre Addition, west of T.H. 149
& north of T.H. 55.
BACKGROUND: The proposed storage tanks will be used to hold
liquid carbon dioxide (CO2) and diesel motor fuel for Airco Industrial
Gases. Currently the zoning is PD; surrounding land uses are
of the light industrial or general business nature. General
Coatings is to the immediate north as is Artistic mood. An excavat-
ing company's building, to the east, is at least 250 feet from
Airco's eastern property line. Access to the site is provided
from a service drive that connects to a frontage road north of
T.H. 55.
TANK 1 (LIQUID CO2) •
This CO2 tank, approved by the American Society of Mechanical
Engineers (ASME), will measure 14' x 75' and be 16' high (see
exhibits). The volume is 250 tons, however, the tanks only hold
75% liquid and are regulated by two separate sets of safety controls.,.
The tank will be located 5' from the 7' chain link fence on the
north and west.
Carbon dixoide has a variety of uses including; carbonation
of beverages, fire extinguishing, freezing of meat and chilling
everything from medicines to semi -conductor components• Cd2
does not promote combustion and as a result, this type of tank
can often be stored within a building. The applicant intends
to. store this liquid only and wil not use it - on the site. Koch
Refinery of Rosemount is the supplier. The Building Inspection
Department has approved this tank and plan at the January 6,
1986 staff review meeting.
11" ,
4
CONDITIONAL USE PERMIT - AIRCO
JANUARY 28, 1986
PAGE 2
TANK 2 (DIESEL MOTOR FUEL)
This proposed diesel fuel storage will measure 14' x 14' and
be 20' tall. The applicant wishes to place the tank in one of
two possible locations; 1) between warehouses 1 & 2 along the
eastern property line of the site or 2) just south of the proposed
Cot tank. Due to the size and height of this tank, there will
be special safety precautions required by the Minnesota Pollution
Control Agency (MPGA) and a separate approval by the State Fire
Marshall's office.
The City Inspection's Dept has no other requirements other than
the written approval by the MPCA & State Fire Marshall's office.
• CONDITIONS:
1) Detailed Landscape plan be submitted to bring the area into
compliance with City Code. Screeningshould be encouraged to
lessen the impact of these two tanks.
L49T I W W TELL
40
SS•
LIONT WDOWRLLL (UNDER DEYCLOPMENT)
d
_LDT I
�i..P I ' WUCN•ux D ..a...w c � — — — — —
P.S77t\ n.u... uueroau i
LOT 2
•,•• V I MWYYLI
_ If11'
OT 5
LOT 6
L14Ni INDYST[ILL (4NDE[ pEYEIOHMfNb
ACRC- o
APC Minutes
January 28, 1986
C` 7. The pylon sign shal b oca a eet within the property line and
subject to the one time sig ainance fee 2.50 per square foot.
8. A detailed lanasca a Ian on h proposed grading plan shall be
submitted demonstrating suita e s ng d berming of the parking areas.
9. An easement shall be created between Lot 1 and the Outlot to provide
road access between the two parcels at the time the outlot is developed.
10. Only one access shall be allowed from Krestwooa Lane into the outlot.
All voted in favor. L—U---d
ECONOMICS LABO OROIN.WAIVER OF PLAT
City Planner Runkle aavi t cant had requested a continuance •
of this matter. All members voted in favor of a continuance.
AIRCO INDUSTRIAL GASES - CONDITIONAL USE PERMIT
Chairperson McCrea then come the public hearing for conditional use
permit for two above -ground 'd sto tanks on 2.3 acres on Lot 5 of the
Robert O'Neil homestead, loPship
p e southeast quarter of Section
2, north of Trunk Highway na D oaa.. A representative of the
applicant was present and the uest for a conditional use permit
for a 14 ft. by 14 ft. by 2hi esel tank, and is requesting only
consideration for a 14 ft.t. CO2 tank. Mr. Mark Parranto was present
on behalf of RES Partneto object as beinglocated too close to the
proposed office building sites. It was suggested that the tank might be
consiaerea a heavy industrial use. Mulrooney moved, Trygg seconded the motion
to recomend-approval of the-conaitional use permit for CO2 tank. Four voted .�
against and three voted in h77f,,,
EAGAN CENTVITE L REVIEW
Mr. Jim Curry was present to v ew h Eagan Center Site Plan review,
which now included a self-service gas stat with grocery store and separate
service bays on the west end of. the proposed commercial site. Bohne
recommenced approval of the site plan and subject to (1) City Ordinance, (2)
staff conditions, and (3) compliance with Uniform Building Code and any other
state building or fire codes. Trygg seconded the motion and all voted in
favor.
ZONING AMENDMEN- PUD RENEWAL, EJTENSION b TERMINATION.
MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
FEBRUARY 25, 1986
A regular meeting of the Eagan Advisory Planning Commission was held on
Tuesday, February 25, 1986 at 7:25 P.M. at the Eagan Municipal Center.
Present were members Harrison, Voracek, Wilkins
g
members Hall, Mulrooney, McCrea and and Bohneyg.. Absent were
Dale Runkle, Assistant City EngineerTRigh Hef[A and
sresent were
eant CCity Planner
Dave Keller.
City Attorney
® AGENDA
Pursuant the to
toveadoet1stheeauest to staff, Bohne moved, Wilkins
seconded
Laboratory, Inc.'s waiver of plat be continuedttotthehe eMarch125,on t1986hat Emeetmng9
All voted in favor.
MINUTES
Januar 23, 1986 - S ecial Joint Meetin .
the motion to approve the minutes Wilkins moved, Voracek seconded
Commission and Cit of the Joint meeting
City Council. All voted in favor. g of the Planning
Januar 28, 1986 - Reular
motion to athe Meeting. Wilkins moved Bohne
onded the
subject to thepfollowing amendments minutes of the regrdd
ulameetingofJanuary c28,, 1986,
• service bays for the Service Center in Eagan Center on a reflect that thee
arethe northeast part of the development. Also, on page 2.9
regardingeDavat
e
Gabbert Greensboro Addition should reflect that the addition
is east of
Lexington Avenue. All voted in favor.
AIRCO INDUSTRIAL GASES - CONDITIONAL USE PERMIT
Vice Chairman Harrison then convened the public .hearing on the a
of Airco Industrial Gases for a conaitional use permit for two above -
liquid application
located inpartofanks on 2.3 the southeastocresn
Lotof S5 of th2 ground
Robert O'Neil homestead,
#55 and DOda Road. Dale Runkle introduces the application. ' north of Trunk Highway
was present to explain the use oforage A representative
operation. It appeared that set -back t requirements awere nks lnot applicabl with its
moved to recommend approval of the revised a
tanks which would measure approximately applicable. Bohne
application, consisting of two CO2
seconded the motion tto
following
8 feet by 56 feet by 9 feet.
subject to the following condition: Wilkins
/Q
APC Minutes
February 25, 1986
1. A detailed landscape plan shall be submitted to bring the area into
compliance with City Code. Screening should be encouraged to lessen the
impact of these two tanks.
All voted aye.
EAGANDALE LeMAY LAKE 2nd ADDITION - REZONING & PRELIMINARY PLAT
The public hearing for the preliminary plat and rezoning of 20.5 acres in
part of the northwest quarter of Section 10 from NB (Neighborhood Business),
GB (General Business) and R-4 (Residential Multiple) to Commercial Planned
Development with a preliminary plat consisting of 6 lots including a 120 -room
hotel by Residence Inn on a 4.36 acre lot, wasconvened by Vice Chairman
Harrison. City Planner Dale Runkle made a brief introduction of the
proposals. Mr. Bob Worthington of Opus described the development, indicating
that a request for planned development was being made with all future phases,
other than the hotel, subject to review by the Planning Commission and City
Council. Mr. John Meyer of Residence Inn, Inc. and Greg Hollankamp of K. K. &
E., Inc., architects, were also present to describe the specific plans for the
Residence Inn facility. Questions were raised in regard to traffic and
potential use of LeMay Lake. Bohne moved, Wilkins seconded the motion to
recommend approval of the rezoning of the entire parcel to planned development
with a five-year completion period, subject to the following conditions:
1. A Planned Development Agreement shall be entered into and the concept
plan for the six (6) lots shall be the exhibit to be followed for the Planned
Development.
2. This development is impacted by the Shoreline Zoning Ordinance and
shall be reviewed by the Dept. of Natural Resources for their comments prior
to final plat approval.
3. The plat shall be subject to the Park Commission's review for trail
access and park dedication.
4. A determination shall be made as to whether a Comp. Plan amendment
would be required for this development proposal.
5. Any conditional use permits such as 4 story buildings, pylon signs or
drive-thru facilities shall be made with separate applications.
6. An overall architectural theme shall be established and controlled
signage should be taken for this total development.
7. This development shall be responsible for looping the water main
within Eagandale Place to the existing water main at the northeast corner of
this development.
8. This development shall dedicate a 60 foot right-of-way for Eagandale
Place.
/QoZ
2
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Twenty -Four
SIDE YARD SETBACK VARIANCE/JOHNSON-REILAND CONSTRUCTION
A. Variance for Johnson -Reiland Construction to a 15 Foot Side
Yard Setback on an Estate Zoned Lot, Block 1, Lot 5, Oakchase
5th Addition --An application was submitted to the Planning
Department requesting a 15 foot side yard variance in the Oakchase
5th Addition fronting on Oakchase Road. For additional informa-
tion on the item, refer to the Planning Department report, a copy
is enclosed on pages 16el through 10-7 .
® ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
variance permit as requested by Johnson -Reiland Construction,
Inc.
•
/03
CITY OF EAGAN
SUBJECT: VARIANCE
APPLICANT: JOHNSON-REILAND CONSTRUCTION INC
LOCATION: BLOCK 1, LOT 5, OAK CHASE 5TH ADDITION
EXISTING ZONING: R-1, ESTATE
DATE OF PUBLIC HEARING: MARCH 4, 1986
DATE OF REPORT: FEBRUARY 25, 1986
REPORTED BY: JIM STURM
APPLICATION: An application has been submitted requesting a
15' side yard variance in the Oak Chase 5th Addition, fronting
on Oak Chase Rd.
COMMENTS: The Eagan Code requires a 30' side yard setback for
a dwelling unit and a 10' setback for a garage. This variance
is needed because the. proposed house plans have a family room
directly behind the garage with ,.the closest part 15' from
northern property line. There is -a the
home on lot 6, (to the north)
and the distance between the family room and the garage on lot
6 will be approximately 62'.
Since estate lots are larger than the typical 12,000 S.F. lots,
setbacks were increased to keep 60' between the dwelling units
• and at least 20' between garages. The home owner of
of this variance request. All other selot 6 approves
tbacks meet code requirements.
If_ approved, this variance shall be subject to all applicable
ordinances.
3- � - i L9-�5
CERTIFICATE OF St RVEr
N 69 3q E \
/S VRQI�
4z.00 \ Z
10 I30
' rR=� \ L �I•
i5 SlA6 �
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ri
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ID�� •�y;'1b
Scale: 1" = 30'
DESCRIPTION
Lot 5, Block 1,
I NEREer c£Rnrr rMAT rN/5 SLRYEY PLAN oR RCPcwr OAK CHASE FIFTH ADDITION
r'=S PREPARED Br Y£ OR U5'iR NY D/RECr S(F'£RvISIoN Dakota County, Minnesota
AND rNAr) AY A DULr REO/5 rF-£D LAND SURYCrOR
UNDCR r�N£ LAWS OF rN, STAT£ Or MINNESOTA. Plat bearings shown
o Denotes iron monument
DA r£ /0 Py/ 1 9$6 RET. A.C. 8140
brandt anginaering PA rurueying
l 2705 woody trail
burnreiile, minnerota 55337
J 16- 612 435-1000
Tr—)?n- pc'
•
L
JOHN C. HOUSTON
13009 Diamond Path West
Apple Valley, Minnesota 55124
Phone: (612)42372995
February 18, 1986
Honorable Bea Blomquist
Mayor of Eagan
3830 Pilot Knob Road
Eagan, MN 55121
Subject: Lot 5, Block 1, Oak
Variance Request by
Dear Bea:
Chase Fifth Addition
Johnson -Reiland Construction
I have been advised that Johnson -Reiland
Construction, Inc. is making the above subject variance
request of the City of Eagan. They are requesting a
variance from the 30' side setback on the north side of
the proposed home on Lot 5 down to 14'.
As you know the side setbacks were established as 30"
from a dwelling portion of a home and 10' from a
non -dwelling (garage) portion.This was intended to
result in a minimum of 20' separation between adjacent
homegara, and 40' between a garage and a dwelling portion of a
situation 60' between dwelling portions of homes.witIn the t 6
the garage of the home on Lo
(to the north) is 47" from the lot line. Therefore the
proposed variance would result in a 61' spacing between
the dwelling portion on Lot 5 and the garage on Lot 6
which is more than the intended minimum of 40'.
As the developer of Oak Chase Fifth Addition and the
adjacent Sixth Addition I have already sold the subject
.lot and have no financial interest one way or the other
in whether the variance is granted , I am
. Howeverdevelopment of the
interested in the successful
neighborhood. Without the requested variance they would
not be able to build the proposed home on Lot 5. I have
seen the home (built in Burnsville) which Johnson -Reiland
proposes to build on Lot 5 and believe it would be an
asset to the neighborhood.
urge It is for this reason that I
you to give favorable consideration to the variance
request.
Si rely,
C. Houston
-60
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Agenda Information Memo
March 4, 1986,.Ci.ty Council Meeting
Page Twenty -Five
SPECIAL PERMIT/NURSERY SCHOOL
BURTON AND MAYONE EPPEN
B. Special Permit to Allow a Nursery School For No More Then
10 Students Located at 1658 Woodgate Lane --An application was
submitted to the Planning Department requesting a special permit
to allow a 10 student nursery school in an R-1 single family
district. For additional information on this item, refer to a
copy of the City Planning Department report found on pages /� g
through //'0 �—
• ACTION TO BE CONSIDERED ON. THIS ITEM: To approve or deny the
special permit application.
01
CITY OF EAGAN
SUBJECT: SPECIAL PERMIT
APPLICANT: BURTON & MAYONE EPPEN
LOCATION: BLOCK 1, LOT 12, MALLARD PARK 2ND
TION
EXISTING ZONING: RDI
1(SIINGLE FAMILY)
DATE OF PUBLIC HEARING: MARCH 4, 1986
DATE OF REPORT: FEBRUARY 25, 1986
® REPORTED BY: JIM STURM
APPLICATION: An application has been submitted requesting a
special permit to allow a 10 student nursery school in an R-1
single family district.
COMMENTS: The applicants currently
have
in their nursery school at 2057 y 10 students enrolled
SO for 10 years.. Day. care facilities tina and have been doing
Special Use _Permits for 7 - 10 children and Condi t onal1Use Preuire
ermits
cts
for 11 plus children. The nursery school is somewhat different
than the traditional day care facility in that there are 2 sessions
as opposed to the all day service. The Eppen's plan on moving
to the Mallard Park Addition in the near' future and do not plan
on expanding the nursery school in size.
® If approved, the.special permit shall be subject to all applicable
ordinances.
le/
ROBE
ENGINEERING CONSULTING aHOI NDS
PIBNHENS and LBH° IUBNSR
COMPANY$ INC. 3]FU21
L 1000 EAST 1461h
STREET, BURNSVILLE. MINNESOTA 33337 PH 432-3000
i4yal lkocr4pZiost: LOT /2, BLOCK /, MALLARD PARK 2ND ADD17
'PAKDTA COUMTY, MINNESOTA
IV
Cb NORTH a� � !�1`119�e �I
SCALE 1"' j0. 0' 4"'' SS • i s \o
30' FRD.tIT BuILD/•f/6
SETBACK L1AJE
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\i 79'o9`�..W�
/ � a IO
X30. 30.35 wN
m
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is
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0
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ap
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lu
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I - O
LOT 12
�-� C?'9-? � DENOTES EXISTING ELEVATION
Z I r i 1 -.I -• 1 q
y[
i9S9.7) DENOTES PROPoSdD ELEVATION
(937.6) $� /sem• IIADICATES DIRECTION OF
(937-7)
SURFACE DRAINAGE
N 40.00 939.95: FiM/5NE0 &q.-,969 FLOOR ELEVA
80°
I hereby certify that this is a true and correct "presentation of a tract.of
Ian d to are
hovn'and described hereon.. As prepared by me an this So day of
OC mor P, 19 85.
Minn. Rea. No. /l_jF
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Twenty -Six
LAUKKA BECK/WAIVER OF PLAT SPLIT
C. Laukka Beck of Eagan for a Waiver of Plat to Split Outlot
F in the Lone Oak Addition -=A public hearing was held by the APC
at their last meeting held on February 25, 1986 to consider an
application submitted by Laukka Beck requesting a waiver of plat
in order to donate a 150' x 550' parcel of land to Trinity Lone
Oak Church adjacent to State Highway #55. APC is recommending
approval of this application. City Council agreed to this buffer
at the time the original PD agreement was acted upon for the horse
racing track application. For additional information on this
• item, refer to the City Planning report; a copy is enclosed on
pages //%i through N/ . For a copy of the APC action refer
to page l�
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
waiver of plat as presented by Laukka Beck.
• --
CITY OF EAGAN
SUBJECT: WAIVER OF PLAT
APPLICANT: WARREN BECK
LOCATION: SWq, SECTION 1
EXISTING ZONING: P.D. (PLANNED DEVELOPMENT)
DATE OF PUBLIC HEARING: FEBRUARY 25, 1986
DATE OF REPORT: FEBRUARY 11, 1986
® REPORTED BY: JIM STURM
APPLICATION: An application has been submitted by Laukka-Beck
requesting a waiver of plat in order to donate a 150' x 550'
parcel of land to Trinity Lone Oak Church along State Hwy #55.
BACKGROUND: As a part of the original P.D. agreement, the subject
parcel (a portion of outlot F) was to be donated to the church
to act as a .,buffer from the race track site. Laukka-Beck is
now in the process of selling the Lone Oak Addition except for
the northeasterly 28 acres. The -area is now being marketed as
mixed use development within a L-1 (light industrial) district.
In an effort to expedite the transaction, Laukka-Beck will deed
this property to the church and this waiver of plat will complete
the prior commitment..
//3
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APC Minutes
February 25, 1986
All members voted yes.
Planning Commission members Harrison and Voracek expressed concerns
regarding the fairness of the distribution of pylon signs in the proposed .
development under existing City Code. Staff was directed to address the
issue. Bohne moved, Wilkins seconded the motion to recommend approval of the
conditional use permit for a pylon sign 25 feet in height with not more than
125 square feet of surface on each side. Bohne and Wilkins voted aye; Voracek
and Harrison voted nay.
DIAL CORPORATION — CONDITIONAL USE PERMIT
Vice Chairman Harrison then convened the public hearing for conditional
use permit for outside storage of chlorine on Lot 1, Block 1, Eagandale
Corporate Square, located in part of the northwest quarter of Section 11, east
of Neil Armstrong Blvd. and south of Apollo Road. City Planner Runkle
introduced the request. Also present were Tom Davis and a representative of
Dial Corporation (formerly Purex Corporation). There was substantial
discussion regarding the danger of exposure to escaping chlorine or caustic
chemicals in addition to the safety measures being implemented by the
applicant. Harrison moved, Wilkins seconded the motion to continue the matter
to the next meeting and direct the staff to resolve the issue of whether or
not this use would be considered Heavy Industrial use and not appropriate for
Light Industrial area. All voted aye.
CEDAR CLIFF COMMERCIAL PARK — CONDITIONAL USE PERMIT — PYLON SIGN
The public hearing for a conditional use permit for a 20 foot pylon sign
on Lot 1, Block 1, Cedar Cliff Commercial Park Addition, in part of the
southeast quarter of Section 30, at Cliff Road and Nicola Road, was then •
convened by Vice Chairman Harrison. Dale Runkle introduced the application,
reviewing ordinance requirements. Mr. Charles Bartholdi was present to
represent Federal Land Company. It was noted that a reader board would not be
included in the sign. Bohne moved, Voracek seconded the motion to recommend
approval of the conditional use permit for a 20 foot pylon sign. All members
voted affirmatively.
LAUKKA—BECK — WAIVER OF PLAT
Vice Chairman Harrison then convened the public hearing regarding a
request for waiver of plat to split Outlot F in the Lone Oak Addition, located
in part of the southwest quarter of Section 1, at Lone Oak Road and Trunk
Highway #149. Dale Runkle described the request as necessary to convey a
strip of land to the adjoining church as originally intended prior to
development of the remaining land. -Wilkins moved, Voracek seconded the motion
to recommend approval of the.waiver of plat, with the strong recommendation
that the church rezone the property to PF (Public Facilities) in the near
future. All voted yes.
115
•
•
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Twenty -Seven
DEDICATON ORDINANCE REVIEW
A. Parks Dedication Ordinance Review --The Parks Dedication
Ordinance was presented as an item of Department Head Business
at the February 18 City Council meeting., Due to time constraints
it was not possible to discuss or review the Parks Dedication
Ordinance at that meeting. The item was scheduled for full agenda
review at the March 4 meeting and again a copy of a memo as prepared
by the Director of Parks and Recreation Vraa is enclosed on pages
//,
through /ZZ . The Parks and Recreation Commission will
be meeting March 6 to consider the ordinance and any comments
the City Council might have regarding these policy changes.
There is no official action required on this item, however,
direction to the Parks and Recreation Director and Commission
is requested.
//6
ADVISORY PARKS & RECREATION COMMISSION
KEN VRAA, DIRECTOR OF PARKS & RECREATION
`'" DATE: FEBRUARY 4, 1986
RE: PARKS DEDICATION ORDINANCE REVIEW
BACKGROUND/UPDATE
At the time of the annual review of the parks dedication requirements, the
Advisory Commission requested staff to prepare a report which would address
several areas of concern expressed by the Commission.
Subsequently, a memorandum was addressed to the Commission indicating that
other communities were also reviewing, their parks dedication ordinance for
• possible revision; that the directors from these communities were to meet,
discuss, and perhaps work together in a review process.
The Directors of Parks & Recreation from the communities of Maple Grove,
Plymouth, Eden Prairie, Lakeville and Eagan, as well the Economics Director
from the City of Blaine, met for nearly a full day to critically evaluate each
ordinance and the relationship it has with existing state law and judicial
findings. It is not the intent of this memorandum to review all that was
discussed at this meeting. It is important to note that from this observer's
standpoint there can be no single ordinance which could be easily adopted by
each community. Significant differences in each community, philosophical and
the current status of their respective park systems, make such a document
improbable to develop. However, this meeting did produce some significant
discussion which should help this community to improve its parks dedication
ordinance.
• MEETING OBSERVATIONS
It is this writer's opinion that Eagan's parks dedication ordinance, at least
philosophically, is one of the strongest and fairest to developers. In
comparison, it was noted that 1) Eagan is the only community that provides
for partial parkland dedication credit for areas which are below the 100 year
flood mark, 2) provides park dedication credit for areas which are part of
utility easements. 3) The City's commercial/industrial park dedication
requirement provides for credit where there are significant on-site provisions
for parks and open space.
It still appears that Eagan's parks dedication ordinance could, and indeed
should be strengthened to better comply with State statutes. For example, the
Eagan dedication ordinance should ,1) strengthen the relationship between the
amount of dedication (land or cash) and the impact of the subdivision's
platting and its relationship to parkland needs. 2) The existing land
dedication provides for a constant percentage - 10% - regardless of density.
This can be construed as "inequitable" and therefore, should be reviewed for
modifications.
117
1
It must be recognized that it is not the intent of the strengthening of this
ordinance to mean to increase parks dedication. Rather, strengthen means to
better show the relationship between the platting review, the need for parks,
its reasonableness in order to comply with the State statutes and thus, make r
it less susceptible to court challenge.
STATE STATUTE
Attached is the State statute which initially allowed for cities to develop
and implement parks dedication ordinances. In providing for these
regulations, it should be noted that there are several key words and phrases
which are significantly important. The first of these is that "a reasonable
portion of any proposed subdivision be dedicated." The second is that
dedication, at least for cash, should be "based on the fair market value of
the land no later than at the time of the final approval." Third, "a
municipality reasonably determines that it will need to acquire that portion
of land for the purposes stated."
1
In essence, these are the three critical issues that a parks dedication
ordinance should address.
E
Perhaps one of the most significant court cases relating to parks dedication
is Koolis vs. the City of Bloomington in which the State Supreme Court upheld
Bloomington and that its 10% land dedication was a reasonable portion.
Consequently, many communities have adopted the 10% standard. A word of
caution in adopting this 10% standard. Municipalities still must be able to
demonstrate that this is reasonable and that it will need to acquire this
percentage and a particular parcel for parks purposes to satisfy the residents
needs. Because of Eagan's Park Systems Plan which contains a significant
amount of information regarding the demographics of the community (as well as
projected future growth and development), individual park standards, ratios of
facilities, a neighborhood park standard, the type/quality of property the
City seeks to acquire for parks purposes and has defined parks service areas,
as well as pencil locations for parks, the City is in an
excellent position to support its case for parks dedication as reasonable. It
would seem prudent, however to incorporate and/or at least identify the Park •
Systems Plan and its continuing updating as the basis for the City of Eagan's
parks dedication ordinance. Further, because the City has established its
standards for parks based on population, it would then seem appropriate to
establish its land dedication (and cash) based on population - i.e. density of
a development.
A constant land dedication of 10% for single family as well as for multiple
family development of high living unit density per acre is, in fact,
inequitable and may be a case for unreasonableness.
It would be prudent for the City to have a land dedication requirement that is
based on a sliding scale which increases with unit density and has a basis, in
fact, for providing parks in relationship to demand/impact.
BASED UPON FAIR MARKET VALUE
State statutes indicate that the municipality must base its dedication on
"fair market value." A review of other cases indicates that it appears
acceptable and reasonable for a municipality to establish market value
collectively, rather than for a single parcel being considered for
subdivision. It also appears acceptable to set the value at the time of the
final subdivision plat rather than raw land value. In summation, it appears
2 //
that the City of Eagan's history of setting values for parks cash dedication
that is based on recent land sales is an appropriate methodology. Therefore,
staff would recommend that this procedure continue, but that the ordinance
indicate the methodology used.
DETERMINATION OF LAND TO BE DEDICATED OR FEES TO BE PAID
Through the City's Comprehensive Park Systems Plan and its analysis of
facility needs for residents, the City has generally determined that a
standard of 15 acres of neighborhood and community parks and open space per
population of 1,000 persons is an applicable and valid standard. Approximately
twelve acres of this 15 acre amount shall constitute neighborhood parks and
shall be the minimum standard established by the City.
Therefore, the City shall require dedication, either land or cash, of
sufficient amount which shall meet the standard for neighborhood parks.
Dedication shall be based on density of residents in the following residential
unit types (1985 census date):
• Single family - 3.5
Duplex - 2.8
Townhouse & Quads - 2.1
Multiple - - 1.9
LAND DEDICATION
In brief, the City should relate the parks dedication on a more equitable
basis based on number of residents per type of unit, utilizing the City's
standard for park acreage.
Based on the number of persons per residential unit as previously described,
land dedication shall be as follows:
Alternate I
. -- 0-1.9 units per acre
- 8%
2-3.5 units per acre -
10%
3.6-6 units per acre -
12%
6-10 units per acre -
14%
10 + units per acre -
Add .5%
(Alternate II)
This alternative would be a calculated dedication utilizing the type of unit
times the number of residents for that unit. This would equal "demand for
parks." This to be multipled by the parkland equivalent per individual .012
to determine the exact amount of land dedication.
EXAMPLE: Developer X intends to develop 40 acres - twenty acres for single
family and 20 acres for apartment. The single family development
will have 3.5 units per acre and the apartment has 11 units an acre
or 70 single family homes and 220 apartments.
70 units X 3.5 people = 245 people x .012 (standard area per person)
= 2.94 acres
/9
c
220 units x 1.9 people = 418 people x .012 (standard area per
person) = 5.01 acres
TOTAL: 7.95 ACRES
Therefore, the dedication is .012 acre per person.
CASH DEDICATION
It shall be the City's intent to provide for, where land is not a requirement,
a cash dedication fee. This cash dedication shall be based on composite value
of properties within each of the zoning classifications. This value shall be
determined annually by the City upon recommendation of the Advisory Parks &
Recreation Commission. The land value is to be divided by the number of units
per acre to determine the cash fee which shall equal an equivalency of 12
acres per thousand population times the composite fee of properties of similar
zoning values. This formula shall be as follows:
RESIDENTSI
11 UNITS PER
HOUSING TYPE PER UNIT LAND VALDE 100 POPULATION
Single family
3.5
$11,000
= 28 =
Duplex
2.8
13,000
= 35 =
Townhouse/Quads
2.1
15,000
= 47 =
Multiple/Apts
1.9
17,000
= 52 =
REQUIRED CASH EQ.
(ACREAGE X LAND VALUE)
$13,200
$15,600
$18,000
$20,400 =
ALTERNATE II:
CASH (CASH EQ. UNITS
$13,200 = $471.00
28
$15,600 = $445.00
35
$18,000 = $382.00
47
$20,400 = $392.00
52
single family
duplex
townhouse/quad.
apts.
Similar to the alternate being provided in the land dedication, this would be
a cash equivalent per person.
EXAMPLE: 20 single family homes x 3.5 people x .012 acres x $11,000 (values
of property per acre) = .84 x $11,000 = $924.00
Alternate II in the proposed land dedication holds constant the value of
property to be dedicated with each plat. Based on 12 acres per thousand
residents, this is the equivalent of .012 acres per person. Upholding this
value constant for each individual, it is quite easy to calculate land
dedication. One will only need to take the type of living unit being proposed
times residents per unit times the .012 factor to determine the acreage to be
dedicated. On the surface, this constant value of land per person seems most
equitable. The fallacy with this formula, however is that it does not take
into recognition that single family dwellings are likely to have more children
4
Ifflo
•
•
who are generally more consumptive of parks. Consequently, it would seem that
constant value of parkland person is biased against the multiple (or for
- single family) by requiring the same amount of land for adults as for children
from single family homes.
Alternate I under "Land Dedication" takes into consideration, at least to some
degree, that single family residents are generally more consumptive of parks
than multiple family residents. Consequently, even though there is an
escalating percentage of land dedication based on the units per acre, this
percentage is still less than the straight .012 acres per person.
The increasing land dedication percentage seems much more fair than the
straight 10% land dedication regardless of units per acre.
CASH DEDICATION
The cash dedication calculation is very similar to that which is being used
. currently other than the fact that it hAs been updated based on residents per
unit. For example, under the existing Parks dedication policy, single family
is currently allocated for residents per unit and consequently, 25 units per
100 population. This has now been changed to 3.5 residents per unit and 28
units per 100 population. The other value change has been that the City is
using 12 acres per 1,000 population as its standard. Utilizing this new
standard of 1.2 acres per 100 population times the land value of $11,000 per
acre, the required cash equivalent is $13,200. This figure, when divided by
the 28 units per 100 population, equals the cash equivalency of $471.00 per
unit.
The proposed cash dedication takes into consideration that land values
escalate with each type of housing unit. Currently, multiple family units are
paying their cash dedication based on land values for single family versus
land values for multiple. Under the current plan, there may be inequities
between similar developers where one is providing a land dedication from a
multiple dwelling area versus a cash dedication. Obviously, the cash
dedication is significantly less expensive for a developer to provide than the
land dedication, particularly since that cash dedication is now currently
calculated on single family land values while the land dedication is obviously
of higher value.
It is improbable that an ordinance containing land and cash dedications is
going to be completely equitable and without flaw. However, any
recalculations, computations and variations should attempt to continue to be
fair and equitable as is possible both to the City and developer as well as
between developers.
Under Alternate I for cash dedication, the table shows the result of
escalating land values based on units per acre. You will note that in the
multiple apartment dwellings using land values of $17,000 per acre, the cash
equivalant would be $392.00. This would be an increase of $92.00 from the
1986 adjusted fee of $300.00. However, noting that the parks dedication
requirement could provide credit for on-site amenities provided by apartment
developers, this fee could be reduced for on-site amenities. Those developers
that provide tennis courts, swimming pools or other amenities with their
apartment units could be credited up to the 25% reduction in the cash
dedication. This would reduce the $392.00 dedication to $294.00 per unit.
Those apartment developers who fail to provide any amenities on-site, thereby C
probably increasing the demand for park usage by apartment dwellers beyond the
norm, would be paying the full $392.00 per unit. Essentially this provides
/1Z/
1
greater flexibility for the City by providing credit against a cash dedication `k
and is closer to the value of the property upon which they are developing.
INDQSTRIAUCOMMERCIAL
Industrial/commercial dedication requirements shall remain as is. It appears
that this dedication requirement and verbage should be sufficient to cover any
contingencies associated with this dedication. However, this portion of the
ordinance should contain and provide for updating of the cost per acre by
resolution. This would allow the City to continue as it has in the past, but
would formally recognize the process.
OTHER CONSIDERATIONS
In reviewing what other communities have done with their parks dedication
requirements, it is interesting to note that for example, Blaine has included
the cost for development of park facilities as part of their park dedication
fees and included it in their calculation. The cities of Eden Prairie and
Plymouth are doing likewise. State tatutes do not address the cost for
development of facilities, although it seems clear that the intent of the •
state statute was to not require existing properties to pay more as a result
of increased development. Therefore, a reasonable portion of development
construction could be construed as being part of a parks dedication
requirement.
Most communities do not provide for credit for parkland within easements or if
part of a flood plain. Eagan's ordinance provides for this. It is this
writer's opinion that because the City has a significant number of ponding
areas utilized for storm water basins and because the City requires these for
storm ponding easements from the developer, it appears that where parkland is
also taken, partial credit should be given. Again this is an issue for
discussion and review, but to do otherwise as a double taking of property.
Several communities have "a savings clause" within their ordinance. The
savings clause is simply a requirement that where the City has indicated a
future park and the developer provides required parkland dedication and the
park space needed is greater that the developer is required to set aside, the •
additional property be set aside for up to one year in order to allow the City
to purchase this additional land. The savings clause establishes a procedure
and price for the property and is typically tied to the City's current fair
market valuation for single family zoned property. This writer would strongly
recommend that such provision be included within the parks dedication or
zoning ordinance.
FOR COMMISSION ACTION:
To review the staff report regarding park dedication, to accept or refuse, to
recommend/not recommend it being sent to the City Council.
Respectfully s bmi ed,
Director of Parks & Recreation
RV/js
/ZZ
6
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Twenty -Eight
CONTRACT 86x3/ASHBURY ROAD/STREETS & UTILITIES
B. Contract 86-3, Received Bids/Award Contract (Ashbury Road -
Streets & Utilities) --At 10:30 A.M. on Friday, February 28,
formal bids were received for Contract 86-3 for the installation
of streets and utilities along AshburyRd from Blackhawk.Glen
to Blue Cross Road. Enclosed on page LZW is a summary tabula-
tion of the bids received in relationship to the estimated cost
contained in the feasibility report presented at the public
hearing held on December 3-, 1985. All bids will be reviewed for
accuracy on extensions and additions, and a final recommendation
will be made at the Council meeting on March 4.
• ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids and
award contract 86-3 (Ashbury Road/Streets and Utilities) to the
lowest responsible bidder, and authorize the Mayor and City Clerk
to execute all related documents.
173
Our File No. 49366
BLACKHAWK GLEN (ASHBURY ROAD)
UTILITY & STREET IMPROVEMENTS
CITY CONTRACT 86-3 - PROJECT 454
EAGAN, MINNESOTA
BID TIME: 10:30 A.M., C.S.T.
BID DATE: FRIDAY, FEBRUARY 28 1986
FEASIBILITY REPORT
ENGINEER'S ESTIMATE----------- /
3676d % UNDER FEASIBILITY REPORT
UNDER ENGINEER'S ESTIMATE 7
$708.733.00
$682,000.00
6.1
2.4
CONTRACTORS
TOTAL BASE BID
1.
Richard Knutson, Inc..
$665,746.20
2.
Lake Area Utility
679,821.95
3.
Barbarossa & Sons, INc.
699,818.00
®
4.
Northdale Construction
_ 706,407.56
5.
Encon Utilities, Inc.
784,433..25
6.
Lametti & Sons, Inc.
817,000_00
7.
Widmer, Inc.
822,601.00
8.
M. Danner Trucking, Inc
859,540.00
•
FEASIBILITY REPORT
ENGINEER'S ESTIMATE----------- /
3676d % UNDER FEASIBILITY REPORT
UNDER ENGINEER'S ESTIMATE 7
$708.733.00
$682,000.00
6.1
2.4
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Twenty -Nine
MAINTENANCE EQUIPMENT/SEWER JETTER S VACUUM PUMP
C. MAINTENANCE EQUIPMENT, RECEIVE BIDS/AUTHORIZE PURCHASE
(SEWER JETTER AND VACUUM PUMP) --As a part of the approved 1986
budget, the Council formally advertised for bids for the acquisi-
tion of a truck mounted sewer jetter and a trailer mounted vacuum
sewer inductor. Formal bid opening was held at 10:30 A.M. on
February 20, 1986 at City Hall. Enclosed on page 1Zo is a
tabulation of the bids received and their relationship to the
1986 budget allocation.
After reviewing the bids received and the noted exceptions to the
• City specifications, the staff is strongly recommending that the
trailer mounted vacuum sewer inductor be awarded to the second
lowest bidder. The lowest bidder is not able to meet
specifications pertaining to engine size, pump size, and axle
support springs.
The Public Works Director will be available to discuss in further
detail the bids and staff recommendations.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for
the sewer maintenance equipment and authorize the purchase from
the lowest bidder meeting all specifications.
/Z$
BID OPENING
10:30 A.M.
FEBRUARY 20, 1986
EAGAN MUNICIPAL CENTER
TRAILER MOUNT VACUUM SEWER INDUCTOR
TRUCK MOUNT SEWER JETTER
RVO-010P
A. TRAILER MOUNT VACUUM SEWER INDUCTOR (VEH #223)
1. Flexible Pipe Tool Company
2. MacQueen Equipment, Inc.
® 3. City Estimate/Budget
* Does not meet specifications
HE
$22,986.00
20,747.76*
30,000.00
B. TRUCK MOUNTED HIGH VELOCITY SEWER JETTER (VEH #212)
1. Flexible Pipe Tool Company
2. MacQueen Equipment, Inc.
3. City Estimate/Budget
is --
12-6
$56,735.00
NO BID
$60,000.00
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Thirty
I -35E & DEERWOOD'DRIVE FRONTAGE ROAD
STREET NAME DESIGNATION.
D. Street Name Designation, I -35E & Deerwood Drive Frontage Road --
At the January 7 City Council meeting, the Council considered'
a request from Mr. Leo Murphy to rename the I -35E frontage road
north of Deerwood Drive to "Murphy Street". Comments received
from the only other affected property owner, Mr. Ed Dunn indicated
a preferance for "Murphy Parkway"..
In considering these requests,, the Council continued action
indefinitely and referred this street name designation request
to both the Advisory Planning Commission and Advisory Park and
Recreation Commission for their review and comments to be considered
by the Council on March 4.
The Planning Commission reviewed this item at their February 25
meeting and support/recommend the proposed name of"Murphy Street."
The Advisory Parks and Recreation Commission has referred it to
their naming subcommittee which does not meet until March 6.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the recom-
mended street name designation of "Murphy Street or Murphy Parkway"
as petitioned for..
iz7
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Thirty -One
COLLECTIVE BARGAINING CONTRACTS
E. Consideration to Ratify Collective Bargaining Contracts --The
City Administrator has received a counter proposal from Local 3.20
representing the Public Works and Parks Maintenance employees for a
4% wage increase in 1986.and the same increase for 1987. The other
benefit changes which relate directly to health insurance and
uniform allowance were agreed upon as proposed by the City Council.
The City Administrator will further discuss the proposal at the
meeting on Tuesday.
The City Administrator has also received a reply from the Police •
Dispatcher unit in which they agree to a wage increase of 68 for
1986 and a comparable worth schedule adjustment as of October 15,
1986 as proposed. All other items, with the exception of a future
meeting for discussion concerning personal leave time, have been
agreed upon. The City Administrator will further discuss this
contract at the meeting on Tuesday.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny ratifica-
tion of a two (2) year contract with Local 320 representing the
Public Works and Parks Maintenance employees that covers both
calendar years 1986 and 1987. Also, to approve or deny ratification
of a one year contract with Local 320 representing the Police
Dispatchers. Special Note: The City Administrator will review with
the City Council the status of negotiations with the Clerical
bargaining unit_
!Z�
MEMO TO: HONORABLE MAYOR & CITY
FROM: CITY ADMINISTRATOR HEDGES
DATE: FEBRUARY 27, 1986
SUBJECT: INFORMATIVE
BOARD OF REVIEW
The Dakota County Assessor's office has proceeded to schedule
Wednesday, May 28, at 6:30 p.m. as the time and date for Eagan's
Board of Review. Please mark your calendars; a reminder. will be
sent out in May.
PLANNING ASSISTANCE GRANT PROGRAM
• The City has received the final check for the 1980 Planning
Assistance Grant Program which amounts, to $2,318.00: The total
amount received for the comprehensive guide plan is $46,530.
AIRPORT NOISE
At the Special Airport Noise meeting that was sponsored at the
Eagan City Hall February 13, a request was made to secure a copy
of the 17 -Point Noise Attenuation Program that was submitted by
Metropolitan Airports Commission to Governor Perpich. A copy of
that letter and report is enclosed on pages /3Z through /V3
for your review.
METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL
AGENDA AND MINUTES
•
A copy
of this week's agenda
and'-�pinutes of
the last MASAC
meeting
are enclosed on pages
_14*{ through
for your
review.
DAKOTA COUNTY CHAMBER OF COMMERCE PRESIDENTS PARTY
Enclosed on page [15/ is a copy of the Dakota County Chamber of
Commerce Presidents Party as scheduled for Friday, March 21. If
any member of the City Council wishes to attend, please notify
this office.
MARY POST SENIOR CITIZEN DEFERMENT
At the February 4 City Council meeting, there was some concern
raised about the homestead status of Mary Post who requested a
senior. citizen deferment application. The Director of Finance
has further reviewed the application and a copy of his response
is enclosed on page1j. His memo has raised an important
issue about the necessity to provide more controls on these
deferments. It is recommended that this item be discussed at our
future Special Assessment Committee meeting and the policy then
reviewed by the City Council.
/z9
APPLE VALLEY FIRE DEPARTMENT - LETTER OF -COMMENDATION
On page = is a copy of a letter sent to Fire Chief Childers by
Fire Chief Tuthill of the Apple Valley Fire Department expressing
their appreciation in the recent mutual aid.
PROTECTIVE INSPECTIONS REPORT FOR JANUARY
Enclosed on pagesthrough 156 is a copy of protective
inspections report or the month of January.
TORT LIABILITY AND INSURANCE
At the League of Minnesota Cities annual legislative conference,
a position paper sponsored by the LMC on tort liability and
insurance, was distributed. Information contained in this
position paper is extremely important to cities, and therefore,
a copy is presented for your review. .pages/S7 through/j"9
GROUP W TRANSFER
The City Administrator has been meeting with the Joint Commission
Chairperson Rick Bertz, Cable Administrator Ralph Campbell, and
the City Manager Linda Barton of Burnsville, to discuss all
aspects of the Group W Transfer. For a copy of the Commission
timetable as prepared by Tom Creighton, Legal Counsel, refer to
pages _,ff,,.6 .through 6.2., . The City Administrator will provide
or update, as further information is available, regarding any
specifics of the transfer.
STATE BUDGET BALANCING
The City Administrator received an AMM Bulletin that addressed
the State Budget Balancing. A copy is enclosed on pages /63
through _14,5. --for your review. •
DAKOTA, INC.
Enclosed on page - is a copy of a letter that was sent by the
Director of Development of Dakota, Inc. regarding the City
Council's personal contribution for the purchase of Christmas
gifts to those, children who are sponsored by Dakota, Inc.
FEDERAL LAND COMPANY REQUEST FOR OFF -SALE LIQUOR LICENSE
Enclosed on page 46 is a copy of a letter from the Federal
Land Company regar— ng, 'a request to obtain an Off -Sale Liquor
License for the Town Centre -Eagan Shopping Center. The City
Administrator would like some direction regarding the City
Council's whishes as to whether there is any consideration to
offer additional Off -Sale Liquor License, or if the Federal Land
Company should be discouraged for seeking another liquor license
since the current policy is limited to four (4) off -sale
licenses.
136
TAX REFORM ACT
The City Administrator and Director of Finance attended a seminar
last week on the Tax Reform Act that was sponsored by Evensen
Dodge, Inc. The Director of Finance also attended a seminar
sponsored by Miller and Schroder this week on the same subject.
Enclosed for your review is a synopsis of the Tax Reform Act as
prepared by both Ehlers and Associates; Inc. and Springsted.
Ironically, the City staff has input from four (4) major fiscal
consultants regarding this issue. These documents are enclosed
without page number due to the copied publication.
1986 MAP
The 1986 map was a huge success for the Eagan Lions Club
generating some $3,000.00 in profit for that organization. There
were twenty five thousand maps ordered. The fire. department is
stuffing new telephone directories with a copy of the 1986 map,
and plans to deliver approximately twelve thousand door to door
throughout the community. The 'remainder of the maps will be used
by advertisers, the Chamber of Commerce, businesses, and mainly
by City Hall. There were no out-of-pocket expenses incurred by
the City of Eagan; however, a special thanks to Administrative
Assistant Duffy and our Engineering Staff who worked on the
project under the supervision of the City Administrator. Also a
special thanks to the Director of Parks and Recreation and his
Department for the park map that appears for the first time on
the reverse side of the 1986 map. Enclosed you will find several
maps for use by your family or to give to a friend.
TED WAC1TER
City Councilmember Wachter had surgery earlier this week on a
hernia. It was a scheduled surgery and according to Ted a
• successful one.- It will cause approximately six weeks of delay
in any heavy lifting, however, he wants to continue working more
in a supervisory capacity during that period of.time.
City Administrator
TLH/hb
/2�
_ _
MAC METROPOLITAN AIRPORTS COMMISSION
OFFICE OF THE CHAIRMAN • PHONE (612) 728-5106
January 16, 1986
The Honorable Rudy Perpich
Governor of the State of Minnesota
130 State Capitol
Saint Paul, Minnesota 55155
My Dear Governor:
The enclosed 1 -7 -Point Noise Attenuation Program is provided for your.review. It
is my opinion that this program provides a realistic noise attenuation effort
which can be accomplished. It is critical that we not lose sight of the econ-
omic and financial impact that other proposals,may have on services provided to
the travelling public.
7
I hasten to add, Governor, that the single most important noise attenuation pro-
ject is the Displaced Threshold Runway 4/22 Preferential Runway Program.
Because of the critical importance of this project to both the environment
(aircraft noise) and safety, it is essential that it be implemented -- at the •
earliest possible date. I would appreciate the opportunity to personally brief
you on this project along with Jeff Hamiel, our Executive Director. We need
your support and the support of'your administration. I believe it is essential
to the success of the project that you understand and appreciate its value.
Warmest personal regards,
Raymond G. lumack
Chairman
Enclosure
13 7�-
MAC
January 15, 1986
•calf& PWL
METROPOUTA% AIRPORTS COiVIMISSION
OFFICE OF THE CHAIRMAN
The Honorable Governor Rudy Perpich
Governor of Minnesota
130 State Capitol
• St. Paul, MN 55155
RE: MAC NOISE ABATEMENT PROGRAM
bear Governor Perpich:
PHONE (612) 726.1892
As you are aware, the Metropolitan Airports Commission (MAC) is
charged by law to promote air transportation and air commerce in
Minnesota locally, nationally and internationally while assuring
the residents of the Minneapolis/St. Paul metropolitan area of
the "minimum environmental impact" from air transportation. The
responsibility to balance the public's need for air transpor-
tation with the desire to be a "good urban neighbor" presents a.
tremendous challenge.
MAC is recognized as a national leader in pioneering noise abate-
•ment techniques.— We first developed the Preferential Runway
System (PRS) concept which is now widely accepted throughout the
nation. We formed the first successful citizen/user,group; the
Metropolitan Aircraft Sound Abatement Council (MASAC). And we
are continually developing new approaches and procedures for
addressing community concerns.
Enclosed is a copy of MAC's recently adopted 17 -point program for
addressing the challenges caused by aircraft noise. One.of the
most exciting and innovative of our proposals is the Runway 4/22
Preferential Runway Project, which is designed to "breathe life"
back into the Preferential Runway System.
We.are also analyzing numerous proposed noise abatement tech-
niques and operational procedures in conjunction with local citi-
zens, state and local government, air carriers and the Federal
Aviation Administration under Part 150 of the Federal Air
Regulations.
/33
-z -
And, finally, recognizing that our current noise problem is the
direct result of federal laws and policies, we have initiated a
broad based effort of public education, pilot and air traffic
controller training, and lobbying at all levels of government
(from other local airports to Congress) to address the underlying
causes of the current situation.
We believe we have developed a well thought out program which has
the greatest potential for reducing the impacts from aircraft
noise.
Very truly yours,
/ / i �i4
Raymond G. Glumack
Chairman
. Robert Stassen
Vice Chairman
Barbara Ashley /� Burton M. Joseph
Commissioner " Commissioner
Donald E. Benson
Commissioner
;/Jan Del Calzo
Commissioner
Sam Grais
Commissioner
Ronald Jerich
Commissioner
l3�-
Tim.i�vaasen
Commi/ssi oner
Rs9kiAt SQ'ieterson
Commissioner
Wilfred Viitala
Commissioner
Jeffrey W. Hamiel
Executive Director
•
•
MAC NOISE ABATEMDU PROGRAM
The greatest challenge facing the Metropolitan Airports Commission today is
the need to mitigate the environmental impact of air transportation on comr
munities adjacent to Minneapolis -St. Paul International Airport. These
efforts are a continuation of programs initiated by MAC in the early,
1970's with the advent of commercial jet aircraft. 'Throughout this period,
the Metropolitan Airports Commission has been a leader in efforts to deal
with aircraft noise issues. Many techniques which have been used
throughout the country have been originated in Minneapolis -St. Paul.
With the increased activity being generated in the deregulated airline
environment, aircraft noise impact has become an even greater problem than
previously. It is, therefore, imperative that the Metropolitan Airports
Cammission develop a cohesive and comprehensive program for dealing with
• all aspects of aircraft noise. This program involves efforts to deal with
aircraft noise at the source by working toward Congressional and FAA
action, working toward implementation of additional operational techniques
which may reduce the area of noise exposure, as well as dealing with land
use issues in areas where operational changes cannot reduce noise levels.
Past activities by MAC in dealing with aircraft noise have includp-d the
following:
-
implementation of a 17 point noise abatement program which incor-
porated such diverse activities as the development of a preferential
runway system, installation of glide slopes, berming of portions of
the airport to mitigate ground noise, and controls on timing and loca-
tion of aircraft maintenance rumps.
Completion of a Noise Abatement Operations Plan for Minneapolis -St.
Paul International Airport; this document evaluated over 100 poten-
tiai noise abatement actions, and recommended six specific under-
takings for the Metropolitan Airports Cammission.
- Campleted a pilot program to insulate a school adjacent to
Minneapolis -St. Paul International Airport in order to determine the
cost benefit ratio of such an activity. Substantial noise benefit
reductions were achieved through use of a number of noise attenuation
techniques.
- Adopted MAC ordinance No. 64 which prohibits all Stage I aircraft
from operating at Minneapolis -St. Paul International Airport unless
engine retrofits have been accomplished.
This past program is not, however, adequate to deal with the Problems facing
the MAC in a deregulated environment. A comprehensive and aggressive
approach by MAC is necessary to attempt to control aircraft noise impact.
The seventeen elements contained in the program can generally be aggregated
into general categories as follows:
0
• Droved Preferential Runway System
• Local Regulatory Alternatives
• Improved Landing Aids
• Development of Reliever airports
Economic Incentives/Disincentives
Lobbying, Pilot/Controller Training,
. Community Land Use
and Public Education
Each of these categories will be discussed in the following text.
Improved Preferential Runway
For many years, the Preferential Runway System (PRS) has been "the cor-
nerstone of MAC efforts to minimize off -airport noise impacts. In recent
years, the PRS has not been utilized due to increases in aircraft opera-
tions. The following actions are designed to allow more frequent use of the
PRS.
1. Develop Runway 4/22 Preferential Runway Project. The proposed 2;750
foot southwesterly extension of Runway 4/22 at Minneapolis -St. Paul
International Airport provides a combination of operational, safety and
environmental benefits. The primary environmental benefit is to allow
reinstitution of the Preferential Runway System at the airport. In
recent years, the Preferential Runway System has not been utilized due
to a substantial.increase in aircraft activity. The runway extension
will allow a preferential configuration to be operated at higher demand
levels•, thereby allowing an increase of preferential runway use,
perhaps back to the levels of the late'1970's. This action will
substantially reduce noise levels over South Minneapolis, and when crn-
bined with a southerly turn for Runway 22 departures, can be achieved
without adverse impacts in Richfield or Bloomington. In addition to
this benefit, modifications in landing and takeoff points on the runway
will completely eliminate noise impacts in the Highland Park area of
St. Paul. operational benefits relate to the provision of additional
runway length on Runway 4/22, thereby enhancing the ability for inter-
national flights to Europe and/or the Far East from Minneapolis -St.
Paul. The additional runway should greatly increase the operating
capability of airlines providing this service. The runway modifica-
tions also provide substantial safety benefits in that runway crossings
are dramatically reduced, thereby eliminating possibilities of
conflict, and additional pavement is provided for takeoff and landing
operations on Runway 4/22.
An Environmental Assessment of this project is currently underway;
construction is anticipated during 1987.
2. Evaluate A Parallel 1!�!= 4/22. The Metropolitan Airports
Camission will proceed with an analysis of development of a parallel
-2-
/36
•
El
Runway 4/22. This evalation will consider the impacts of implemen-
tation of the runway from,a physical point of view, as well as review
potential operating scenarios and subsequent environmental impacts with
the runway in place. Such a runway would allow equal capability in all
operating directions, and may allow the possibility of utilization of a
rotational runway system which would be designed to insure that.no area
adjacent to the airport receives a disproportionate level of aircraft
activity and subsequent noise exposure. 'This analysis will be coor-
dinated with and integrated into the on-going Part 150 program, to be
completed in mid -1986.
Local Requlatory Alternatives
The MPG is greatly concerned with local actions which may be taken to.
control airport noise levels. Action items which address this issue are as
follows.
3. Comolete Part 150 Study. The Metropolitan Airports Commission is con -
tin— ungdeveloment of a Part 150 study for Minneapolis -St. Paul
International Airport. This study was initiated approximately 1}.years
ago, and is being carried out in a manner consistent with the require-
ments of FAR Part 150. This study procedure is a federally approved.
process for developing noise abatement options at airports, and con-
sists of a rigorous evaluation of all possible operational actions that
could be taken to reduce off -airport noise levels, as well as a review
of available land use modification techniques for dealing with residual
incompatible areas. The study is being carried out in conjunction with
the Metropolitan Aircraft Sound Abatement Council, and includes coor-
dination with the airlines serving Minneapolis -St. Paul International
Airport, the Federal Aviation Administration, business aviation asso-
ciations, the Air Line Pilots Association, as well as those,canminities
adjacent to the airport.
The focus of the operational portion of the study can be aggregated
into five general areas:
1. Actions designed to maximize use of the preferential runway
system.
2. Actions designed to limit total airport activity.
3. Actions designed to limit night activity at the airport.,
4. Actions to reduce Stage II aircraft operations.
5. Flight procedure changes.
ine every Possible operational -action
The study is, intended to determ
that can be taken to impact off -airport noise levels, to screen these
through increasingly rigorous analysis, and to determine.'a co prehen-
3
,7
sive approach to dealing with the airport noise situation. Through
this effort, a coordinated program of noise abatement actions will be
taken rather than a series of isolated activities which may not be as
effective. It is anticipated that the operational portion of the Part
150 Study will be ccopleted during the Spring of 1986, and that the
follow on land use activities wi11 be completed by mid -1986.
Specific programs that are developed through the Part 150 Study process
are eligible for Federal funding; this funding is available to both the
airport operator and to adjacent municipalities covered by the Part 150
Study.
4. Review Applicability of Noise Budget at Minneapolis -St. Paul
International Airport. The Metropolitan Airports Cannission is pro-
ceeding with a review of the possibility of implementing an airport _
noise budget at Minneapolis -St. Paul International Airport. This ana-
lysis is being coordinated through the Part 150 process, since it is
this mechanism that the.FAA has indicated is the most appropriate means
to develop a comprehensive noise program. The noise budget -would
generally be structured in a manner similar to that currently being
considered by Boston Logan Airport. There are, however, substantial
differences between the operating situation at Logan Airport and
Minneapolis -St. Paul International Airport; these differences must be
clearly identified and the noise budget approach tailored to the unique
charateristics.of Minneapolis -St. Paul International Airport. In
general terms, the noise budget would define an aggregate level of
noise which could be generated by the airport. Portions of this aggre-
gate level would be allocated to various air carriers, who would be
free to determine the type of operation they would conduct within the
constraints of ,the noise limits. The focus would not necessarily be on
limiting operations, but on limiting noise levels, and allowing freedan
and flexibility on the part of the airlines to determine aircraft uti-
lization. T_►= long term goal would be to replace as many Stage II
aircraft operations as possible with Stage III aircraft operations.
As it is integrated with.the Part 150 Study, this analysis will be
ccopleted in Spring, 1986.
5. alis -St Paul InternationalAirport Master Plan Update. The
Metropolitan Airports Ca=ssion is undertaking a formal update of the
Airport Master Plan for Minneapolis -St. Paul International Airport in
order to reassess the ability of the airport to meet current and future
demands. With the dynamic. nature of aviation in a deregulated environ-
ment, it is important to re-evaluate the capacity of the runway/taxiway
system, the ground access system, and the terminal facilities. In
addition, the MPG will deal with the concept of "environmental capaci-
ty" as a potential constraint to airport development. This effort will
also focus.specific attention on the noise abatement goals to be
achieved by the Metropolitan Airports Commission.
-4-
/38
r.". I
The Master Plan should be completed in early 1987.
improved Landing Aids.
Landing aids play a vital role in noise abatement in providing electronic
and visual glide paths to runway ends, thereby defining minimum altitudes
during approach to the airport. Enhancement of •these facilities.will
assist in reducing landing noise impacts.
6. Immplement. Microwave Landing chem- The Metropolitan Airports
Cammission is pursuing with the Federal Aviation Administration the
early implementation of a microwave landing system at Minneapolis -St.
Paul International Airport. This facility will greatly enhance noise
reduction in allowing both curved and variable approach paths, as well
as variable glide slopes. The Metropolitan Airports Commission will
pursue an active lobbying effort with airlines operating from
Minneapolis -St. Paul International Airport to equip aircraft with
necessary electronics to utilize the microwave landing system. Efforts
will also be oriented toward timely implementation by the Federal
Aviation Administration of follow-on capabilities on the system to
allow utilization of all benefits.
7. Provide Visual AEroach Aids. The Metropolitan Airports Commission is
pursuing with the Federal Aviation Administration the implementation of
a precision approach on Runway 11L to provide vertical guidance for
aircraft landing on this runway. In addition, -the Metropolitan
Airports Commission is pursuing a project to provide visual aproach
guidance to all -runways at the airport. This will assist aircraft
under visual flight conditions to maintain appropriate altitudes over
adjacent communities.
• Pending a detexm nation by FAA of the appropriate type of approach aid,
implementation is scheduled for 1986.
Development of Reliever Airports
The effectiveness of MAC'S relieves airport system is the key to
controlling general aviation at Minneapolis -St. Paul International Airport.
Continued development of these facilities to attract general aviation will
enhance the ability at Minneapolis -St. Paul International Airport to
operate in a more environmentally sound manner.
8. Ccmolete St. Paul Downtown Ai rt Development Project. The
Metropolitan Airports Commission is entering the third phase of a four
year project to provide a new 6,700 foot runway and approximately 55
acres of building area at St. Paul Downtown Airport. This project is
intended to increase the attractiveness of St. Paul Downtown Airport
for corporate use, and to encourage corporate activity at that airport.
As the project nears completion, the Metropolitan Airports Commission
51
will enter into an active program of negotiations with general aviation
to transfer activity frau Minneapolis -St. Paul International Airport to
St. Paul Downtown Airport. These negotiations will include discussion
of levels of inducement necessary to effect this change. It is
intended that this transfer of activity will reduce levels of opera-
tions at Minneapolis -St. Paul International Airport: if hourly activity
is reduced and steps are taken not to allow increased air carrier
operations, this also may enhance utilization of the preferential run-
way system at the airport.
A Noise Abatement Plan has recently been completed for the St. Paul
Downtown Airport. This plan outlines flight operational procedures for
general aviation aircraft to minimize environmental impact of the air-
port. The Metropolitan.Airports Commission will take steps to insure
that general aviation operations are carried out in a manner consistent
with the adopted noise plan.
The St. Paul Downtown Airport project is scheduled for completion
during 1987.
9. Continued Devela=ent of RelieverAirlake Airport was
acquired' by MAC to allow installion Pot attraining instrument landing
system to divert this activity fran Minneapolis -St. Paul International
Airport. The MAC continues to work with the Federal Aviation
Administration to insure completion of the ILS.project (now expected in
early 1986) and subsequent banning of all instrument flight training
activities at Minneapolis -St. -Paul International Airport. Efforts
should also be made.to insure that flight training activities from St.
Paul Downtown Airport are relocated to Airlake Airport. As additional
corporate activity takes place at St. Paul Downtown Airport, the poten-
tial for incompatible types of activities is substantially increased.
The Metropolitan Airports Commission is also moving toward a develop -
meet program at the Anoka County-alaine Airport to serve general
aviation needs in the northern suburbs. Proposed development at this
airport will allow additional based aircraft, as well as enhance the
environ -mental compatibility of the airport with adjacent residential
areas. Preparation and review of a State Environmental Impact
Statement rela-:tive to this project is currently underway: depending
upon the results of the EIS process, construction could be carried out
during 1987.
Economic Incentives/Disincentives
The MAC is evaluating the extent to which economic incentives/disincentives
may be successful in discouraging use of Stage II aircraft and encouraging
use of Stage III aircraft.
10. Complete Differential Landing Fee Study. The Metropolitan Airports
Camussion is undertaking an analysis of the applicability of differen-
tial landing fees at Minneapolis -St. Paul International Airport. This
analysis will review landing fees related to varying levels of aircraft
noise, as well as potential surcharges for operations at certain gimes
of day such as night-time hours or peak hours.
U. Ca®lete Stage III Incentive StudY. The Metropolitan Airports
Caimission is carrying out a feasiblity study to determine if local
actions are appropriate in encouraging airlines to purchase and operate
Stage III aircraft at Minneapolis -St. Paul International Airport. The
focus of this study is on financial incentives that could be provided
by the local airport operator toward acquisition of these.aircraft.
Both of the above-described studies will becompleted in -early 1986.and
presented to MAC for further action.
Lobbying, Pilot/Controller Tra;n;M, and Public Education
Groups other than MPG can have a significant impact on the environment
within which aviation activity takes place and on procedures specifically
designed to minimize off -airport noise. Actions can be oriented by MAC
toward these groups, and public education can increase the level of concern
expressed by the community toward these groups.
12. Continued Lobbying For Congressional Action. The Metropolitan Airports
Camussion has by resolution called upon Congress to hold hearings to
consider the impacts of airline deregulation upon'the environment, and
to identify possible actions to limit air carrier operations by local
action. In addition, MAG has called upon Congress and the federal
regulatory agencies to investigate alternatives for encouraging the
acquisition and use of quieter Stage III aircraft, and eliminating, in
a staged manner, use of Stage II aircraft. Through MAC efforts,
Congress directed FAA to hold hearings in December, 1985, to discuss
these issues; FAA is required to report its recommendations back to
Congress by April, 1986.
13. Action a Airport Noise Coalition. The MAC has formed a coalition of
other major airports exp fencing noise impact problems in order to
develop a united and concerted effort toward Congressional and FAA
action. This noise coalition is expected to be extremely active and
effective in terms of focussing Congressional attention toward the
magnitude of the noise problem facing the Nation's major airports and
air transportation system. A Resolution resulting from an initial
meeting of the Airport Noise Coalition is being moved through the AOCI
committee process to be presented to the Federal Aviation .
Administration with backing of the nation's airports. This resolution
calls for significant action by the Federal Aviation Administration
regarding limitations on production of Stage II aircraft, limitations
on operations of Stage II aircraft, recommendations regarding retention
of the Investment Tax Credit and Accelerated Depreciation Provisions of
-7-
existing tax law for Stage III aircraft, additional incentives for uti-
lization of Stage III aircraft, and to clarify options available to
airport proprietors in attempts to reduce aircraft noise exposure.
An initial meeting of the Airport Coalition was held on December 9,
1985; follow-on activities will be.continuous.
Similar efforts should be focussed toward the State level with regard
to the role played by aviation in the State business climate, and the
importance of access to air transportation in the day -today activities
of the State of Minnesota.
14. Determine Proprietors'.Rights- At the present time, the issue of
proprietors' rights is an important and controversial one. The
Metropolitan Airports Commission has gone on record as favoring a
limited degree of airline reregulation to accomplish a reduction in the,
number of flights, particularly between those destinations where load
factors are low and duplicative services provided. This duplication of
service on such routes substantially increases activity at the airport
and may well push total operational levels beyond the environmental
capacity of the airport.
There is great resistence to a return to regulation on the part of
Congress, the airlines, cons m,ers, and other airports within the AOCI
organization. The MAC urges development of a middle ground which would
continue to allow market forces to stimulate competition, while pro-
viding a means of preventing excessive saturation of airspace, and of
exceeding the environmental capacity of airports located in heavily
populated areas. The MAC will continue on a program to urge federal
authorities to allow airport proprietors adequate means of control over
airside and environmental capacities at airports, and.to have access to
federal (DOT/FAA) advisory reviews on limits and/or restrictions
imposed by the local operator where safety or environment is threatened •
by the increase in air traffic.
15. Accelerate Pilot/ControllerTr and Public Ed=ational Proms
The Metropolitan.Airports ccamission "is initiating an educational
program to identify the complex nature of the airport noise problem,
and to identify the responsibilities of various levels of government in
dealing with the issue. It is hoped that such an undertaking will
focus attention on the Federal Government and the impact of its actions
regarding airline regulation and aircraft noise control on local air-
ports and adjacent ccmmmnities.
In addition, the Metropolitan Airports Cam-tission will reemphasize its
on-going interaction with airlines operating at Minneapolis=St. Paul
International Airport, as well as the air traffic control tower person-
nel, to reemphasize the seriousness of the existing noise problem.
-S-
Continued and regular contact with both the airlines and Federal
Aviation Administration has led to a clear understanding of the extent
and magnitude of the problem in the past, and has proven to be an
effective means of developing procedures to help deal with the problem.
A continuation of this process should benefit all concerned.
community Land Use
The MAC is participating in a number of off -airport land use efforts with
communities adjacent to Minneapolis -St. Paul International Airport in an
attempt to prevent development of incompatible uses and to move toward a
comprehensive program of corrective actions.
16. Ccmolete Residential Insulation Pilot meet. In order.to provide
input into the Part 150 Study regarding the benefits of residential
sound insulation, the Metropolitan Airports Commission is continuing a
pilot project in conjunction with the City of Minneapolis which has
insulated 17 homes in South Minneapolis. This study will provide a
clear indication of the cost benefit ratios between insulation levels
and residential noise attenuation, and will be used as input into the
decision making process in the Part 150 Study, expected to be completed
during 1986.
17. Initiate band Use ImolementZon Study. The Metropolitan Airports
Can sins n has applied for funding from the Federal Aviation
Administration to allow communities adjacent to Minneapolis -St. Paul
International Airport to carry cut land planning efforts related to
aircraft noise impacts. This effort will deal with both preventative
and corrective land use measures in areas impacted by aircraft noise,
and will provide a local perspective in terms of appropriateness and
degree of potential land use changes. This work effort will be coor-
dinated with the Part 150 Study, and resulting recommendations will be
considered by -the Metropolitan Airports Commission prior to adoption of
the Part 150 Study. Since the Metropolitan Airports Commission is the
agency which must develop and approve the Part 150 Study, the MAC will
have final authority over inclusion of these recame_ndations.in the
study.
r,g�
AGENDA
METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL
GENERAL MEETING
February 25, 1986
7:30 P.M.
6040 28th Avenue South
Minneapolis, Minnesota
I. Cal'I to Order, Roll Call
2. Approval of Minutes of General Meeting on January 28, 1986
3. Introduction of Invited Guests, and Receipt of Communications
4. Technical Advisor's, Preferential -Runway System Utilization Report and
Complaint Summary Report
5. Persons Wishing to Address the Council
6. Minutes of.Executive Committee, Meeting on February 4, 1986
7. Professional Baseball Team Charter Flights—Don Schiel, Vice President
Marketing-4innesota Twins
8. Results of Summer Aircraft Traffic Count—Darrell Weslander
9. Other Items Not on Agenda
10. Adjournment
'Next Meeting Date: March 25, 1986
l�
•
MINUTES
METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL
GENERAL MEETING
January 28, 1986
5:30 p.m.
Minneapolis, Minnesota
1. Call to Order, Roll Call.
The meeting was called to order by Walter Rockenstein at 5:30 p.m. and the
secretary was asked to call the roll. The following members were in
attendance.
Ben Griggs (R)
Northwest Airlines
Steve Hoven (R)
Ozark Airlines
Mark Costa (R)
Midway Airlines
Bob Johnson (R)
Republic Airlines
Bill Summers (R)
US Air Airlines
Rich Kidwell (R)
Western Airlines
Jose Ponce (R)
Eastern Airlines
Jack Spaulding (A)
United Airlines
Neil Atkinson (R)
Airline Pilots Assoc.
James McLaughlin (A)
Airline Pilots Assoc.
Ron Glaub (R)
Minnesota Business Aircraft Assoc.
Jerry Norton (R)
Minneapolis Chamber of Commerce
Art Tomes (A)
Minneapolis Chamber of Commerce
David Woodrow -(R)
St. Paul Chamber of Commerce
Jeff Hamiel (R)
Metropolitan Airports Commission
Nigel Finney (A)
Metropolitan Airports Commission
Walter Rockenstein (R)
City of Minneapolis
John Richter (R)
City of Minneapolis
James Serrin (R)
City of Minneapolis
Roylene Champeaux (R)
City of Minneapolis
Dennis Schulstad (A)
City of Minneapolis
Kristin N. Clinton (A)
City of Minneapolis
Scott Bunin (R)
City of St. Paul
Lloyd Wickstrom (R)
City of St. Paul
Don Priebe (R)
City of Richfield
John Cartwright (A)
City of Richfield
Edwina Garcia (R)
City of Richfield
Robert Mood (R)
City of Bloomington
Mark Mahon (R)
City of Bloomington
Bernard Friel (R)
City of Mendota Heights
Tom Baker (R)
City of Eagan
Michael Brucciani (R)
City of Burnsville
Juan Rivas (A)
City of Burnsville
Paul Cain (R)
City of St. Louis Park
Page Two
Advisors
Les Case
Bob Botcher
Barbara Ashley
Jerry Mann
Darrell Weslander
Jan Conner
Guests
Roy Madgwick
Evan Futterman
Steve Ring
David Roehser
J. R. Nelson
Steve Wilson
January 28, 1986
Federal Aviation Administration
Federal Aviation Administration
Metropolitan Airports Commission
Director ATA
Technical Advisor
Secretary
HNTB
HNTB
City of Burnsville
City of Minneapolis
City of Bloomington •
Met Council
2. Approval of Minutes of General Meeting on December 17, 1985.
The minutes were approved as presented.
3. introduction of Invited Guests„ and Receipt of Communications.
Representatives from the Milwaukee Airport were introduced to the com-
mission. Their objective in attending the MASAC meeting was to obtain
information and ideas for their own noise abatement projects.
The following correspondence was received: 1) Notification from Eastern
Airlines advising that Jose Ponce would be their representative to MASAC and
the alternate would continue to be Jim Brock. 2) A memo from Jeff HamieI •
stated that Nigel Finney would be the MAC alternate. 3) Jerry Norton was
appointed by the Minneapolis Chamber of Commerce as their representative to
MASAC and Arthur C. Tomes would now be the alternate. 4) The City of
Richfield sent a memo stating their representatives and alternates which are
as follows: Edwina Garcia(R), Donald Priebe(R), John G. Cartwright(A), and
Major John Hamilton(A). 5) The City of Bloomington notified MASAC the
following people would now be their representatives and alternates: Mark
Mahon(R), Roger Blessum(A), Robert Mood(R), and John Pidgeon(A).
Les Case's Retirement Party was discussed as to place, time and date. MASAC
received an invitation to the February 28th celebration beginning at 6:30
p.m. at the Rodeway inn in Bloomington. Cost is $19.50.
4. Technical Advisor's Preferential Runway System Utilization Report and
Complaint Summary Report.
The reports for the month of December were presented by Darrell Weslander.
5. Persons Wishing to Address the Council.
None / 7�7
PAGE THREE January 28, 1986
"DINNER BREAK"
6. Discussion and vote on Proposed Noise Abatement Actions - HNTB.
Jeff Hamiel proposed to delay the vote of the 29 HNTB proposals until the
HNTB staff has time to analyze the effect of the Northwest/Republic merger.
It was suggested that HNTB have two packages, one with the merger taken into
consideration and the second without the Northwest/Republic merger effect.
Bernie Friel moved that MASAC hear the current HNTB proposals during this
meeting in the February MASAC meeting HNTB present their recommendations
and then during the March or April meeting MASAC vote on the HNTB proposals
point by point. This motion was seconded by Scott Bunin and passed unani-
mously.
7. Report of MASAC Representative to MAC Meeting of January 21, 1986.
John Richter voiced disagreement with Ray Glumack's agenda item regarding a
New Airport.
8. Other Items Not on Agenda.
Briefly discussed the Operations:Committee Meeting held on January 15, 1986,
concerning the 1800 turn. The committee reported in continued support of a
southerly turn for some aircraft departing Runway 22.
9. Adiournment.
Meeting was adjourned at 9:05 p.m.
• --
i47
1985
'old Chamberlain 132
un -ups I
ilscellaneous 5
138
1986
-Id-Chamberlain Field 444
in -ups 6
scellaneous 45
Total 495
iscellaneous complaints In-
ludes helicopters and secon-
Iry airports.
St. Paul
Crystal
Miscellaneous
04
Apple Valley
Bloomington
Burnsville
Eagan
Edina
Inver Gr. Hts
Mendota Hts
Minneapolis
Richfield
Shakopee
St. Louis Pk
St. Paul
35
1
9 g
45 i
MINNEAPOLIS
6fro631oMA
23 35%
29% 63
A�
■
TO LDG
37
7
4
4
34
3
16
15
247
5
1
10
KI A
13
4
4
63
2
11.
97
RICHFIELD/
BLOOMINGTON
HOURLY PERCENTAGE USE OF RUNWAYS
381
0
64%
MINNEAPOLIS/ST. PAUL INTERNATIONAL AIRPORT
JANUARY, 1986
ST. PAUL/HIGHLAND PARK
14NN6fet%
F!/f:•
50;6 73
t
doft111
MENDOTA HEIGHTS/
EAGAN
OPERATIONS SUMMARY -
1986/1905
Itinerant:
Air Carrier
716
631
Commuter
78
62
General Aviation
148
150
Military
55
20
Local:
civil
36
23
Military
O
O
Total Average Dally Opns.
1033 /
914
CONSOLIDATED SCHEDULE (AC) _6/752
157/137 of these are 3rd level carriers
utilizing prop aircraft.
MONM OF ',anu.,i y, i ni
0 •
MINNEAPOLIS/ST. PAUL INTERNATIONAL COMPLAINT RECORD
Nighttime
Number of
Excessive. Structural
Activity
Restricted Ground
Run -ups Noise
Low
Flying
Secondary
Airports Miscellaneous
Date
Complaints
Noise Disturbance
Interruption
Hours
1
10
7 -
13
- - -
-
- -.
2
31
26 -
-
- 3
3
22
13 -
4
4
9
5 -
2
5
3
-
12
6
14
6 -
1
1
1 I
7
21
16 -
2
1 2
-
B
21
17 -
1
-
- 1 2
-_
2 _
9
17
12 -
-
10
16
6 -
3
11
15
7 1
5
3
I
I
1
_
13
17
8 -
14
21
10
15
25
17 -
2
-
16
16
13 -
-
17
13
7 -
2
_
18
25
10 1
9-
19
8
5 -
2
20
26
21 -
1
1
21
13
B I
3
- - -
-
22
5
3 -
-
3
23
19
16 -
_
-
24
17
12 -
1
25
8
4 -
2
26
10
4 1
2-
27
12
11 -
-
28
13
8 -
I
29
17
10 1
3
2
30
11
9 -
_
I
_ _
31
31
22 -
7
_ 1
495
317 5
62
- 6 19
41
35 10
JANUARY, 1986
NOISE COMPLAINTS
by
Category and Time,of Day
During January the following complaints were recorded:
Category
Number
Percentage
Excessive Noise
317
64.0%
Structural Disturbance
5
1.0%
Activity Interruption
62
12.5%
Nighttime Restricted Hours
-
-
Run -ups
6
1.2%
Ground Noise
119
3.8%
Low Flying
41
8.3%
Secondary Airports
35
7.1%
Miscellaneous
10
2.1%
495
100.0%
Time Number
2400 -
0559
29
0600 -
11.59
145
1200 -
1559
69
1600 -
1959
99
2000 -
2359
105
CAP
48
495
/J -,,o
L
1 EW
dr
A' DAKOTA COUNTY
' CHAMBERS OF COMMERCE
SALUTE TO THE PRESIDENTS PARTY
FRIDAY, MARCH 21, 1986
Mendakota Country Club
2075 Dodd Road, Mendota Heights
6:30 - 7:30 p.m. COCKTAIL HOUR
7:30 - 9:00 P.M. PRIME RIB DINNER
8:00 - 12:00 p.m. DANCING TO THE
JULES HERMAN ORCHESTRA
9:00 - 11:00 P.M. CASINO OPEN
($1,000 "Casino Money" to start
the evening)
11:15 - Auction of prizes for Casino
winnings
RESERVATIONS BY FEBRUARY 28,
1986
$27.50 per person
AFTER MARCH 1
$30.00 per person
(Reservations cancelled prior to March
15 receive full refund)
RSVP: Chamber Office, 1301
Corporate Center Drive #116, Eagan,
Mn, 55121, 452-9872
,4
.h
ry
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE
DATE: FEBRUARY 12, 19,86
SUBJECT: MARY POST SENIOR CITIZEN DEFERMENT APPLICATION
In response to the concern that was raised at the January 21, 1986
City Council meeting regarding the above referenced application, I
have checked the homestead status of the property. The Dakota
County Assessor's Office has a homestead card on file for both
January 2, 1985 (payable 1986 taxes) and January 2, 1986 (payable
1987 taxes). The application also states that the property is
homesteaded as of January 2, 1985. The application was completed
prior to the 1986 process.
Given this information I am processing the deferment as approved at
the January 21, 1986 meeting. If you or the City Council would like
to have the legality of this situation reviewed in more detail,
please advise. I am interested in establishing more controls on the
use of these deferments and will be proposing some changes as time
permits.
V
Finan Director City Clerk
EJV/hb —
/5z
APPLE VALLEY FIRE DEPARTMENT
OFFICE OF THE CHIEF
14200 Cedar Avenue
Apple Valley, Minnesota 55124
February 11, 1986
Fire Chief Bob Childers
Eagan Fire Department
3800 Pilot Knob Road
Eagan, Minnesota 55122
Dear Chief Childers,
On behalf of the Apple Valley Fire Department, I would like offer our
thanks gnce more for the assistance you gave our department.
On February 10, 1986, we responded to a mutual aid call in Lakeville,
which left our City very low on firefighters. Your department responded
to our call for mutual aid and stood by'at our Fire Station #2 for several
hours.
With combined efforts like this, we are able to serve the residents of
our.cities much more efficiently.
Thank you again for your prompt assistance.
0 --
It
✓XC: Eagan City Council
Sincerely,
APPLE VALLEY FIRE DEPARTMENT
Richard D. Tuthill
Fire Chief
l53
PROTECTIVE INSPECTIONS MONTHLY REPORT -
JANUARY 1986
NUMBER OF PERMITS ISSUED THIS MONTH YEAR-TO-DATE
Building
79
79
Electrical
Plumbing
71
61
71
61
HVAC
110
110
Water Softener
Signs
42
3
42
3
Well, Cesspool, Septic Tank
-
NATURE OF BUILDING PERMITS ISSUED
rkil 0 w7#7-ii-ilm
TOTAL INCLUDES B.P. FEE, SURCHARGE, P.R. FEE, SAC/ & WAC, WATER METER, ROAD UNIT, PARKS & TR. PL
1
TYPE
NO.
VALUATION
PERMIT' FEE
PLAN REV FEE
TOTAL FEE
FOUNDATION
26
60
SINGLE FAMILY
60
$ 4,782,000
$ 22,216.50
$ 11,108.00
$ 128 5.`
0
2
DUPLEX
2
128,000
650.00
325.00
4,140.(
0
4
TOWNHOUSE/CONDO
4
1,292,000
3,962.00
1,981.00
44,829..(
APT BLDGS
AGRICULTURAL
2
3
'COMMERCIAL
3
2,853,500
7,542.00
3,771.00
55,595.(
1
6
COMM/IND REMODEL
6
454,750.
1,87.2.00
880.75
2,980.;
COMM/IND ADDITION
INDUSTRIAL—
INSTITUTIONAL
PUBLIC FACILITIES
RES. GARAGES
1
RES. ADDITIONS
.1
4,000
44.50
---
46.'
SWIM POOL
5
3
MISCELLANEOUS
3
162,800
673.50
---
755.(
DEMOLISH
HOUSE MOVES
34
79
TOTALS
79
9,677,050
36,960.50
18,065.75
237,101.'
YEAR-TO-DATE
TOTAL INCLUDES B.P. FEE, SURCHARGE, P.R. FEE, SAC/ & WAC, WATER METER, ROAD UNIT, PARKS & TR. PL
1
PROTECTIVE INSPECTIONS - MONTHLY REPORT
DATE JANUARY 1986
MULTI -FAMILY BREAKDOWN
TYPE
/ OF
PERMITS
# OF
BUILDINGS
# OF
UNITS
VALUATION
PERMIT FEES
SURCHARGE
PLAN REVIEW
FEES
TOTAL FEES
3-PLEX
ADDRESS 8 LEGAL
OWNER
VALUATION
FEE
SURCHARGE
FEES
TOTAL FEES
OCCUP.
4-PLEX
1300 TOWN CENTRE DR
L 2 B 1 TOWN CTR 70 2N
FEDERAL LAND
2 800 000
, ,
7 183.00
,
1 140.00
3,591.50
55,029.50
COMM
6-PLEX
3801 PILOT KNOB RD
NW BELL
25,500
175.00
13.00
87.50
275.50
COMM
7-PLEX
L 2 B 1 SECT 21
8-PLEX
4
4
32
$ 1,292,000
$ 3;962.00
$ 646.00
$ 1,981.00
$ 44,82,9-\00
APT. BLDG
_ L 1, B 76; SECT 8
NW BELL
i
184.00
14.00
92.00
290.00
COMM
11482
4615 NICOLS RD
JET BURNER
15,000
110.50
7..50
---
118.00
COMM
TOTALS
4
4
32
1,292,000
3,962.00
646.00
1,981.00
44,829.00
l
C(1MMFRCTAT./TNDDSTRTAT. b TNSTTTTTTTONAT. BREAKDOWN
BLDG
PERMIT
STATE
PLAN REV
PERMIT it
ADDRESS 8 LEGAL
OWNER
VALUATION
FEE
SURCHARGE
FEES
TOTAL FEES
OCCUP.
11425
1300 TOWN CENTRE DR
L 2 B 1 TOWN CTR 70 2N
FEDERAL LAND
2 800 000
, ,
7 183.00
,
1 140.00
3,591.50
55,029.50
COMM
11441
3801 PILOT KNOB RD
NW BELL
25,500
175.00
13.00
87.50
275.50
COMM
_-
L 2 B 1 SECT 21
3381 SIBLEY MEM HWY
11442
_ L 1, B 76; SECT 8
NW BELL
28,000
184.00
14.00
92.00
290.00
COMM
11482
4615 NICOLS RD
JET BURNER
15,000
110.50
7..50
---
118.00
COMM
L 1, B 1, DURNINGS ADD
11468
1380 CORP CTR CURVE
L 2 B 2, EAG OFC PK 2N
NW MUT'L LI
11,750
92.50
_6.00
-46.25
'
144.75
COMM
3994 CEDARVALE DR
11459
L 8, B 6, SECT 19
JOHN LUNDGREN
20,000
140.50
10.00
70.25
220.75
COMM
1200 YANKEE DOODLE RD
11437
L 1, B 1, TOWN CTR 100
FEDERAL LAND
175,000
620.50
87.50
310.25
1,018.25
COMM
11420
1230 EAGAN IND RD
L 1-4 B 3 EAC CTR PK
NW MUT'L LIFE
40,000
242.50
20.50
121.25
384.25
.COMM -
11418
3110 NEIL ARMSTRONG BLV
50
96.50 -
332.75
1,094.75
COMM
L 3, B 1, EAG CORP SQ
NW'ML& LIFE
193,000
IMSPECT204/0FFICE ROARS
Building
Plumbing
UVAC
Administrative/Office
Fire Marshal
Miscellaneous
General Office -
Permit Processing -
N'LYBER OF PERMITS ISSUED'
Building
Electrical
Plumbing
IMA
11 er ftener
M 1 Ce spool, Septic Tank
S AsfAn
`_A BUILDING PERMITS ISSUED
PROTECTIVE INSPF.CTI0RS
MONTP.LY 1
MONTHLY REPORT
Type
JANUARY 1985
Valuation Permit Fee
Plen Check Fee
Total Fees
This Month
Year--o-Rete
196
196
156
156
3
3
50
50
33
33
81
81
143
143
268
268
This Month
Year -To -Date
34
34
81
81
34
34
69
69
2
2
11
11
I YTD
MONTP.LY 1
_
Type
Permits
Valuation Permit Fee
Plen Check Fee
Total Fees
26
Single Familv
26
S 1,962,000 $ 9,302.00
$ 4,651.00
3 52,950.50
1
Du lex
r
$ 128,755.50
0
2
--
Mult!-Fam11
650.00 325.00
4,140.00
-
4
2
g.cm.rcial
2
665,000 1,918.50
959.25
3,210.25
1
Induatrlal
I
180,000 633.00
316.50
L,696.50
AGRICULTURAL
Institutional
2
3
COM7ERCIAL
Ree. Gera e
1,542.00 3,771.00
55,595.00
1
PROTECTIVE INSPECTIONS MONTHLY REPORT -
NUMBER OF PERMITS ISSUED
Svim. Pool -
Building
- 2,980.75
79
5
Miscellaneous
5
20,360.00 224.50
Plumbing
235.50
34
TOTALS
34
2,827,360.00 12,078.00
5,926.75
56,092.75
Nater Softener
YEAR-TO-DATE 34
2.827,360.00 L2,078.00
5,926.75
58,092.75
• Total Fees Includes Building Permit Fee, Sur -Charge, Plan Check Fee, Wit Fee,
Water Connection Fee, Water Meter Fee and Road Unit Fee.
Also includes park dedication fee.
JANUARY 1986
TEAR -TO -DATE
79
NATURE OF BUILDING PERMITS ISSUED
1985 TTD MONTHLY
TYPE
NO. VALUATION
PERMIT 'FEE PLAN PEW FEE
TOTAL FEE
z' ,
tl
�r!'13r71
r ai
�
1
1
'
r
$ 128,755.50
0
2
DUPLEX
2 128,000
650.00 325.00
4,140.00
0
4
TOWNHOUSE/CONDO
"
3,962.00 1,981.00
44,829.00
3
AGRICULTURAL
2
3
COM7ERCIAL
3 2.853,500
1,542.00 3,771.00
55,595.00
1
PROTECTIVE INSPECTIONS MONTHLY REPORT -
NUMBER OF PERMITS ISSUED
THIS MONTH
Building
- 2,980.75
79
Electrical
71
Plumbing
INDUSTRIAL
61
HVAC
110
Nater Softener
42
Signs
PUBLIC FACILITIES
3
Well, Cesspool, Septic Tank
-
JANUARY 1986
TEAR -TO -DATE
79
NATURE OF BUILDING PERMITS ISSUED
1985 TTD MONTHLY
TOTAL INCLUDES B.P. FEE, SURCHARGE, P.R. FEE, SAC A NAC, NATER METER, ROAD UNIT, PARKS A TR. PLAN
TYPE
NO. VALUATION
PERMIT 'FEE PLAN PEW FEE
TOTAL FEE
FOUNDATION
26
60
SINGLE FAMILY
60 $ 4,782,000
S 22,216.50 $ 11,108.00
$ 128,755.50
0
2
DUPLEX
2 128,000
650.00 325.00
4,140.00
0
4
TOWNHOUSE/CONDO
4 1,292,000
3,962.00 1,981.00
44,829.00
APT SLOGS
AGRICULTURAL
2
3
COM7ERCIAL
3 2.853,500
1,542.00 3,771.00
55,595.00
1
6
COMM/IIID REMODEL
6 454,750
1,872.00 880.75
- 2,980.75
COMM/IND ADDITION
INDUSTRIAL
INSTITUTIONAL
PUBLIC FACILITIES
RES. GARAGES
I
RES. ADDITIONS
I 4.000
44.50 ---
46.50
SWIM POOL
5
3
MISCELLANEOUS
3 162,800
673.50 --
755.00
DEMOLISH
HOUSE MOVES
34
79
TOT"
79 9,677.050
36,960.50 18,065.75
237,101.75
IEAR-TO-DA
TOTAL INCLUDES B.P. FEE, SURCHARGE, P.R. FEE, SAC A NAC, NATER METER, ROAD UNIT, PARKS A TR. PLAN
N
I III 11' 1 1111
PU
league of .minneso
g to cities
POSITION PAPER
TORT LIABILITY AND INSURANCE
Background
Tort liability and the cost ,of insurance are two of the most
serious issues facing local governments today. The problems are
not limited to Minnesota. Local Governments throughout the
nation are faced with rising insurance costs and increased
liability exposure.
Suggestions for dealing with the cyclical nature of the insurance
industry usually focus on risk management and pooling mechanisms.
the League of Cities in the late 1970's sought and received
statutory authority to operate a self-insurance pool. The League
of Minnesota Cities Insurance Trust, in operation since June of
1980, has served to stabilize the cost of insurance for many
cities, instill additional competition in the insurance market
and, provide a safety net for cities when faced with non -renewal
notices and cancellations.
® Unfortunately, even with the League's insurance trust in
operation, the cost of protecting cities from liability claims is
high. While much of this cost is due to the cost of reinsurance,
it is also directly related to the number and size of claims
experienced by cities. Cities that are self-insured or still
have private company coverages are also adversely affected by a
tort system that allows cities to be sued for what appears to be
any injury suffered by an individual within the boundaries of the
city, and in several situations for damages occurring far outside
the boundaries ofcities.
The League continues to explore possible methods of reducing the
cost of insurance in the short -run, but also supports a
re-examination of the current tort liability system and possible
changes that will, in the long -run, protect the public interest
in fairly and reasonably reimbursing tort victims for injuries
caused by the federal, state and local governments while at the
same time ensuring that governmental officials will not be
prevented from providing varied and necessary governmental
services by the threat of unreasonable tort claims.
1 63 university avenue east, st. p � I, minnesota 551 01 (612)227-5600
s
Local government liability
There has been a great deal of debate concerning the "liability
explosion" local government faces. To some extent, the claimed
explosion is overstated, since prior to 1961, governmental
entities were immune from most lawsuits arising out of their
governmental activities. In 1962, however, the Minnesota ruled
the doctrine of sovereign immunity to be unconstitutional and
there has been a steady progression in tort liability claims and
awards since that time. Some estimates, however, indicate a
tripling of awards against governmental defendants over the past
five years. While volume may be debated, no practitioner can
deny that the claims being filed today are some of the most
innovative in asserting negligence on the part of governments.
Recent decisions by federal and state courts have increased
municipal liability by allowing recovery against local
governments for a broad range of activities and conduct. The
ability to collect judgments,'against local governments has also
created an increase in litigation for local governments since
they.are seen as a "deep pocket." These favorable decisions and
statutes have created an incentive to bring lawsuits against
local governments.
Chapter 466
As a result of the 1962 decision mentioned earlier, the
legislature in 1963 enacted Chapter 466, the Municipal Tort
Claims Act.
This act was enacted to protect the public treasury while giving
the citizens relief from the arbitrary, confusing and
administratively expensive doctrine of sovereign immunity. The
act has served that purpose well in the past, however, courts
frequently forget or ignore the positive benefits secured to
citizens damaged by public servants as a result of enactment of
the comprehensive act which includes some limitations on
liability and some qualifications of normal tort claims
procedure. In the twenty-four years since adoption of Chapter
466, several points have become apparent: 1) the courts will
narrowly construe -exceptions to liability or special procedural
rules; 2) because we have a result -oriented judicial system,
established distinctions or doctrines have been so rapidly.
changed as to negate most effectively the precedential value of
case law, and; 3) the rationale for preserving immunity, that
of lessening the financial burden on taxpayers and reducing the
chilling effects on government that unlimited tort liability
exposure creates, continues to be applied by the courts in some
cases.
Chapter 466 needs to be retained and strengthened. The extent of
exposure to unusual risks of municipal tort liability has no
counterpart in the private sector. No private person or
corporation must perform governmental services involving the
15�
•
•
41
s
health, safety, and welfare of the community. No profit or loss,
statement reflects the success or failure of a municipality. No
assets are shielded by bankruptcy in that the entire tax base of
a city,'town, school, county or special district is a-vailable for
tort recoveries. It is against the strongest public policy
considerations for government officials to be prevented from
acting to protect the public health,'sa`fety,'and welfare by the
threat of second-guessing by a tort litigant.
It is the position of the League of Minnesota Cities that changes
can be made which clarify and strengthen the tort •claims
limitation act while at the same time ensuring the fair and
reasonable reimbursement of tort victims for injuries caused by.
municipalities.
These changes include: ensuring the protections of Chapter 466
for joint powers organizations and boards; limiting liability
• claims based on snow or ice conditions on public sidewalks to
situations where the dangerous condition is affirmatively caused
by negligent acts of the municipality; conforming Chapter 466's
exceptions to liability to the exceptions in the state tort'
claims act to avoid possible equal protection.problems; providing
for state indemnification of municipalities when the municipality
is acting as an agent of the state; removing governmental
self-insurance pools from the oversight of the state commerce
department; limiting the exposure of municipalities to indirect
punitive damages awards, and; eliminating the joint and several
liability statute which could require that the taxpayers of a•
municipality found only.1% liable to pay 100% of a judgment.
O'CONNOR & HANNAN
ATTORNEYS AT LAW
C[ A O. NOL..11
EW IO MA"TOR
AND...
.
3800 IDS CENTER
Y'..LNBC.
VIRGINIA
v OI.. M. Lane
LOA
Jiu '». MAx Iv
BO SOUTH EIGHTH STREET
R. LONCRGAx
NNX...
I.LC1., WILLS
LESLIET,
MINNEAPOLIS, MINNESOTA 55402-2254
.GOM
MICHAELMANDATE
J.ORI NN v
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16121 341-3800
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iI.
TMOTnT w...O.'CN.NCLNIDLISNL' S' •
M. BERLIN..• wm0 A. [ISSER•
TRECNLARRY 41v:ii01w9•S
•
ENEBOYLE' oTCA.
NLANwICGANo II. AHC CR•O.
our
TO: Directors-, Burnsville/Eagan Cable Communications •
Commission
FROM: Thomas D. Creighton, Legal Counsel
L
DATE: February 18, 1986
RE.: Group W Transfer --Commission Timetable
By memorandum dated January 14, 1986, the Commission was
advised of the cable television franchise ordinance proce-
dures relating to a transfer of ownership or control in
Group W and transfer of the franchise. This memorandum sets
forth the timetable for the Commission's review and recom-
mendation to the cities with respect to the request of Group
W based upon the franchise ordinance requirements.
1) Monday, February 10, '1986 -- Commission and cities
received official notice
from Group W requesting
approval for transfer of
ownership and transfer of
franchise.
2) Tuesday; February 18, 1986 --
//o
Commission staff delivers
copies of MUNICIPAL
REQUEST FOR INFORMATION
REGARDING REQUEST FOR
APPROVAL AND TRANSFER to
transferee to be completed
and returned within four-
teen (14) days.
•
/- 2
4 -
O'CONNOR & HANNAN
ATTORNEYS AT LAW
3) Tuesday, March 4, 1986
-- Transferee response to
MUNICIPAL REQUEST FOR
INFORMATION REGARDING
REQUEST FOR APPROVAL AND
TRANSFER received by Com-
mission staff. Commission
may request clarification
or additional information.
4) Wednesday, March 12, 1986
-- Commission must respond in
writing to Group W and
indicate either (i)
approval of the request'or
(ii) a determination that
a public hearing is neces-
sary. A public hearing is
required if Commission
determines that the sale
or transfer of the fran-
chise may adversely affect
the subscribers of Group
W.
5) Monday, March 17, 1986
-- If Commission determines
that a public hearing is
necessary, notice of the
public hearing (date,
time, place, and substance
of action) must be given
fourteen (14) days prior
to the hearing. The
notice must be published
_
once in a newspaper of
general circulation in
each City represented on
the Commission. NOTE: If
a City has notice require-
ments for public hearings
which are different than
above, the City's standard
notice requirements must
be followed. The Cable
Administrator should con-
tact each City for a
determination of proce-
dures and time require-
ments.
/- 2
4 -
t
O'CONNOR & HANNAN
ATTORNEYS AT LAW
6) Friday, April.11, 1986
7) Monday, April 14, 1986
8) Monday, May 12, 1986
-- Commission must hold a
public hearing on or
before this date, if it
determines a hearing is
necessary.
-- Commission should transmit
to Cities as soon as pos-
sible a recommended action
by the Cities regarding
the request of Group W.
-- Cities must approve'or
deny in writing the
request of Group W on or
before this date.
9) Monday, May 12, 1986 -- Cities notify the Minne-
sota Department of Com-
merce if approve request.
It is important to note that the above timetable repre-
sents the outermost dates for each step of the transfer
process. A more detailed schedule must be developed giving
due consideration to publication deadlines and scheduled
City Council meetings. It is likely that the Commission may
be required to meet in special session.
If you should have any questions, please feel free to
contact me.
Note: The timetable regarding the 60 -day period to exercise
a municipal option to purchase begins to run from receipt by
Cities of a purchase agreement,which the cable companies are
willing to accept. As to the transfer from Westinghouse to
the Consortium, the agreement was received February 11,
1986. Any determination to exercise an option to purchase
in this half of the transaction must be delivered to Group W
by April 12., 1986. No purchase agreement has been received
for the second half of the transaction -- from the
Consortium to North Central Cable Communications, L. P.
(Hauser). Therefore, the 60 -day period in which Cities may
exercise their option to purchase as to this half of the
transaction has not begun to run. Both 60 -day time periods,
once started, will run concurrently with the 90 -day time
period outlined above.
TDC:jlg
37 -
142-
'
•
40 BULLETIN
association of
metropolitan
municipalities
•\`il
FROM: AMM Staff
RE: Legislative Status and Update
1. STATE BUDGET BALANCING:
The House of Representatives has completed the first
stage of its version of solving the Biennium Budget
Crisis. Each major Appropriation and Spending
Committees developed a bill which then was compiled
into one Mega Bill by the House Rules Committee to be
sent to the floor. The thrust of the House plan is to
decrease State Department spending and funding of
various programs.
40 Unlike the Governors budget recommendation which reduced
city LGA by 8.1 percent and homestead credit by 8.8
percent for a total of about $32/million, the House bill
does not cut either of these programs. Likewise K-12
Education is basically held harmless. The House bill
does change the LGA payment schedule so that cities will
receive one-half July 15 and one-half December. 15. This
may cause some short term borrowing needs and create
future problems if additional cuts are needed towards
year end. Cuts to other programs will have an effect on
cities. About $12 million was cut from Metropolitan
Transit programs and the Vehicle Excise Tax transfer to
the Highway Fund was reversed, thus reducing the amount
of dollars available through the MSA Highway Fund
program. Finally the House bill extends the current LGA
Distribution Formula and only adds 3 percent for 1987.
The maximum increase was adjusted to 5 percent. This is
-1-
/63
183 University avenue east, st. paul, minnesota 55101 (612) 227-5600
February
25,
1986
®
TO:
AMM
Member Cities
FROM: AMM Staff
RE: Legislative Status and Update
1. STATE BUDGET BALANCING:
The House of Representatives has completed the first
stage of its version of solving the Biennium Budget
Crisis. Each major Appropriation and Spending
Committees developed a bill which then was compiled
into one Mega Bill by the House Rules Committee to be
sent to the floor. The thrust of the House plan is to
decrease State Department spending and funding of
various programs.
40 Unlike the Governors budget recommendation which reduced
city LGA by 8.1 percent and homestead credit by 8.8
percent for a total of about $32/million, the House bill
does not cut either of these programs. Likewise K-12
Education is basically held harmless. The House bill
does change the LGA payment schedule so that cities will
receive one-half July 15 and one-half December. 15. This
may cause some short term borrowing needs and create
future problems if additional cuts are needed towards
year end. Cuts to other programs will have an effect on
cities. About $12 million was cut from Metropolitan
Transit programs and the Vehicle Excise Tax transfer to
the Highway Fund was reversed, thus reducing the amount
of dollars available through the MSA Highway Fund
program. Finally the House bill extends the current LGA
Distribution Formula and only adds 3 percent for 1987.
The maximum increase was adjusted to 5 percent. This is
-1-
/63
183 University avenue east, st. paul, minnesota 55101 (612) 227-5600
less than .AMM and •LMC Policy calls for but greater than,the
Governors proposed 3 percent based on the reduced 1986
allocation.
The AMM and League of Minnesota Cities Policy concerning the
State Budget actions are identical. They call for•all components
of the state budget to be out equally without favor being granted
to one portion versus another in either cuts or restoration. We
also oppose shifting cash,flow problems from the state to local
units through payment changes. The LMC has recently sent each
official a packet of information containing more detail on policy
and the effect on cities of the Governors proposals. These
documents, along with your own knowledge of effects on your city,
should be used in discussions with your legislators.
The process is far from complete. The Senate is just beginning
to structure their plan. Contact should be made with Senators to •
emphasize the effects of cuts and the need to minimize as much as
possible reductions to local government. The final package will
be fashioned by a conference committee after both houses have
passed bills. Thus, contact with both Representatives and
Senators is still needed but we would urge you to concentrate on
the Senators for the next few days as the Senate begins shaping
its bill. Your immediate help is needed)
2. METR
REORGANIZATION,
The bill introduces new
Metropolitan Council and
1984 for appointments to
the Metropolitan Waste
Metropolitan Parks and 0
ures increa
process policy
Committee.
NIUS
procedures for appointments to the
extends the procedures established in
the Regional Transit Board (RTB) to both
Control Commission (MWCC) and the
pen Space Commission (MPOSC). Generally
se the role of metropolitan citizens
d are very similar to the appointment
E by the AMM's Metropolitan Agencies
The bill also establishes new requirements for waste water
treatment planning and transit planning. These requirements move
the agencies (RTB/MWCC) from capital facilities planning into
strategic planning for services and finance; increase the
linkage between policy setting and implementation; and reduce
the council's ability to intervene in agency operations. The
bill also requires increased met council and agency financial
planning and reporting to both the public and to the Legislature.
This new financial reporting requirement is also consistent with
the policy developed by the AMM's Metropolitan Agencies
Committee. This bill is on general orders in the House and has
passed out of Senate Local and Urban Affairs Committee and is
scheduled for action in Senate Govermental Operations on
3.
•
•
�,F. 1986.
REP. Bthe MWCC's
This bill would implement the changes recommended by
es the cost allocation method used by the
Rate Structure Task Force in its final report dated October 1 ,
1986• The bill changes olitan.disposa1 ,
MWCC in charging Communities for use of
politaneservice area with a
system. There would be asingoealltcommunities using the system,
help
uniform service rate app not exceed 7.5
It also at the Mrates° andabsuch afundemay fund tohelp
stabilize the annual provides for p
percent of the operations budget: The bill P
in the new cost allocation method over a four Year period.
_� a under
a an interceptors cc. - -' g
stem would see a gradual phased -in
Several communities which do not pay ears (1987-1990) until
the current oosteachooftthe next several y The
increase over metropolitan wide rate in 1991•
their rates are equal to thoe etroppposes lis bill. The bill is on the
AMM neither supports he ed
Senate Floor and is scheduled to be heard in the House Local and
e on February 27, 1986.
Urban Affairs Committe
q, FISCAL DISPARITIES UPDATE•
it does not appear that any changes will be made to
At this time, arit•es Law. The House Tax Committee held two
the Fiscal Disp several
on Fiscal Disparities and: disRep�egentative
partial meetings expressed by
runs containing various ideas exP public meetings and
Schre?ber. There was not consensus at the
there has not been any draft legislation. The Senate has not
Disparities at all. In light of other major
action this session, it seems highly unlikely
discussed Fiscal short time
legislation needing could occur in the
that any substantive action
available. We.will keep you posted should this situation change*
DISTRIBUTION NOTE:
This Bulletin is being mailed to Mayors, Managers/Administrators,.
and Designated Delegates.
/6
-3-
Assisting the community
and people challenged by disabilities
to live and work together
lio,ild 0.1ecl.ni February 22, 1986
9°roma Kilbourne / Cnaumon
Pnu quonh/Ncc CM1•9nnan
, I /s V.r, Ch,L,ain,°.
f 13,101 Arn°111
City
of Eagan
G+mm roman
'°"'K°"'°
3830
Pilot Knob Road
:an
so
I hope your.holiday season was the
best. one yet.
lean n; yV$=arlaF
P.O.
Box 21199
An, nPr LLne°„
Eagan, MN 55121
°Ilral
and other community leaders to the
Dakota County
Comm°mle APseurce Cummilltt
o°n,arar"„:
$fnal°r Mow,trtl Kn Ws°n
m air°i.
Dear Mayor Blomquist,
G+mm roman
WAh m Nawlmr°
III, seen N,, -r°
I hope your.holiday season was the
best. one yet.
I know it was
ca,1n a.uo
G.,Imnr Rg,,:an
for many of the kids who received
Christmas gifts
donated by you
;imp'Van R.,i.-I, M, U.
and other community leaders to the
Dakota County
Chamber of
`”""
commerce'. We were delighted to be
the recipients
of many of
°err•^ „_ara
oa"m 1,n—
those gifts.
E.°e°I'°e°I, 1- Christmas really is a special time for kids and some kids are
`°°'""" oueiV v s more special than others. I think you'd agree if you could meet
the boys and girls we're serving in Hastings, Rosemount, Inver
"n" °""°'°°'ar'°rr Grove Heights, Burnsville/Eagan and West St. Paul. If you'd be
interested in touring one of our program sites I'd be delighted
to show you around.
In order to give you a better idea as to what early intervention
is all about, I've taken the liberty of enclosing a brochure. If
you'd like to know more about the program, or any of the other
services we offer, just give me a call. I'd love to hear from
you.
Once again, thanks for having made last Christmas a great one for
all of us at Dakota, Inc.
Sincerely,
RJr Doughty
Director of Development
RD/dr
Dakola.Inc
6800'. Neill Drive
Eagan, MN 55121
612/.154.2]32
144
•
Federal ;i> Land Company
Yankee Square Office III • 3460 Washington Drive • Suite 202 • Eagan, Minnesota 55122 • Tel. 612-452-3303
February 24, 1986
Mr. Thomas Hedges, City Administrator
City of Eagan
P.O. Box 21-199
3830 Pilot Knob Road
Eagan, Mn. 55122
4 RE: Off -Sale Liquor License
Dear Mr. Hedges:
Federal Land Company wishes to obtain an Off -Sale Liquor License for
use in their Town Centre -Eagan Shopping Center. Upon inquiry I was
told that only 4 liquor licenses were available in the City of Eagan
and they have all currently been issued. The purpose of this letter
is to make a formal petition to grant an Off -Sale Liquor License for
use in our Town Centre -Eagan Shopping Center.
If you need any additional information, or you have any questions,
feel free to call.
Sincerely,
4 AJC
; X-tt-1-
Mark E. Battis
Legal Department, Attorney.
MEB/ap
X67
AGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
CITY HALL
MARCH 4, 1986
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE
II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES
III. 6:40 - DEPARTMENT HEAD BUSINESS
T1 A. Fire Department P.i D. Public Works Department
p, / B. Police Department e1 1E. Cable Commission
)0./
IV/C. Parks & Recreation Department
6:55 - CONSENT AGENDA
2, A. Contractor Licenses
,� B. Personnel Items
C. One -Day, Consumption & Display License, St. John Neumann Church
P,9 D. Vacate Utility Easement, Receive Petition/Order Public Hearing
P (Lone Oak Addition)
n,9 E. Approve Joint Powers Agreement with Four Cities for Cooperative
Traffic Lane Striping Contract
P .9 :F. Approve Conveyance of Easement to Northern Natural Gas Company for
Pressure Station
P.i/ G. Six -Month Extension to Preliminary Plat, Overbill Farm 2nd
Addition (David Dehler)
p / 2- H. Optimist C1ub.Proclamation of April 7-11 as "Youth Appreciation
/ Week"
I. Appr,.ve Grading Permit #EX -18-016, Silver Bell Center (Dallas
;! Developments)
V. 7:00 - PUBLIC HEARINGS
/j A. Final Assessment Hearing, Project 414 (Pine Ridge Drive - Streets)
/p./7 B. Final Assessment Hearing, Project 428 (Cedarvale Industrial Park -
Trunk Storm Sewer)
P d/ C. Final Assessment Hearing, Project 437 (Windtree 4th Addition -
Streets & Utilities)
9 2/ D. Final Assessment Hearing, Project 438 (Lexington Place South -
/ Streets)
F,13 E. Public Hearing, Project 454 (Addendum, Ashbury Road - Trailway,
Pond Elevation & Excavation)
P3 3 F. Public Hearing, Project 465 (Rahn Ridge - Trunk Storm Sewer)
.If3 G. Public Hearing, Project 452 (Beryl Pond - Storm Sewer Outlet)
/ Continued from February 4, 1986
VI. OLD BUSINESS
T,(o( A. Tollefson Builders for Review & Consideration of Contractor's
License Suspension
f.75 B. Conditional Use Permit Reconsideration, Hong Wong Restaurant (Cedar
/ 8 /
Cliff Shopping Center) to Allow On -Sale Liquor License
P. C. On -Sale Liquor License for Hong Wong Restaurant - Cedar Cliff
Shopping Center)
D. Preliminary Plat Consisting of Approximately 2.1 Acres and
Containing 1 Strip Commercial Facility with 18,620 S.F. Strip/
Retail Center and a Conditional Use Permit for a Drive -Through
Restaurant Facility and a Pylon Sign (K Charles Development
Corporation) Located South of Duckwood Drive and East of Krestwood
Lane, NW 1/4 of Section 15
E. Conditional Use Permit for Above -Ground Liquid Storage Tanks (Airco
Industrial Gases) Located on 2.3 Acres on Lot 5 of Robert O'Neill
Homestead, Located North of T.H. 55 and Dodd Road, SE 1/4 of
Section 2 (Continued from February 18, 1986, City Council meeting)
VII. NEW BUSINESS
p /03 A. Variance (Johnson -Reiland Construction, Inc.) to a 15' Sideyard
/ Setback on an Estate Zoned Lot 5, Block 1, Oak Chase 5th Addition,
Located at Oak Chase Road and Oak Chase Lane, Part of SE 1/4 of
Section 27
p./8 B. Special Permit (Burton & Mayone Eppen) to Allow a Nursery School
for No More Than 10 Students Located at 1658 Woodgate Lane, Lot 12,
Block 1, Mallard Park, Part of the SW 1/4 of Section 28
P.18 C. Waiver of Plat to Split Outlbt F in the Lone Oak Addition (Laukka-
Beck) Located Lone Oak Road & T.H. 149, SW 1/4 of Section 1
VIII. ADDITIONAL ITEMS
)V-114 A. Parks Dedication Ordinance Review
/2-3 B. Contract 86-3, Receive Bids/Award Contract (Ashbury Road - Streets)
C. Maintenance Equipment, Receive Bids/Authorize Purchase (Sewer
Jetter & Vacuum Pump)
17./Z 7 D. Street Name Designation, I -35E & Deerwood Drive Frontage Road
E. Consideration to Ratify Collective Bargaining Contracts
IR. VISITORS TO BE HEARD (for those persons not on the agenda)
X. ADJOURNMENT
0
MEMO TO:. HONORABLE MAYOR,& CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: FEBRUARY 26, 1986
SUBJECT: AGENDA INFORMATION
After approval is given to the March 4, 1986, agenda and regular
City Council meeting minutes for the February 18 meeting., the
following items are in order for consideration:
DEPARTMENT HEAD ',BUSINESS
A. FIRE DEPARTMENT
There are no items to be considered under Fire Department at this
time.
B. POLICE DEPARTMENT
There are no items to be considered under Police Department at
this time.
C. PARKS & RECREATION DEPARTMENT
There are no items to be considered for the Parks & Recreation
Department at this time.
D. PUBLIC WORI:S DEPARTMENT
There are no. items to be considered under Public Works Department
at '--his time.
E. CABLE COMJdJISSION
There are no items to be considered for the Cable Commission at
this time.
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Two
CONSENT AGENDA
There are nine ( 9 ) items on the agenda referred to as
Consent Items requiring one (1) motion by the City Council. If
the City Council wishes to discuss any of the items in further
detail, those items should be removed from the Consent Agenda
and placed under Additional Items unless the discussion required
is brief.
CONTRACTOR LICENSE
A. Contractor License --Attached on page 3 is a list of
contractors who are renewing or who have been selected and retained
as the builder by a customer either living in or planning to reside
within the City of Eagan. These contractors have references from
other municipalities or their client permit applications are
awaiting City Council approval for a contractor license.
ACTION TO BE CONSIDERED ON THIS ,ITEM: To approve the list of
contractor licenses as presented.
N
GENERAL CONTRACTORS
1. BAR -ETT CONSTRUCTION CO
2. MARICK BLDRS
3. ROTTLUND CO INC
4. AL SMISEK BLDRS INC
5. VARLEY CONSTRUCTION
6. STRAUS CONSTRUCTION INC
HEATING/VENTILATING
® 1. ECONOMY GAS INSTALLERS
2. HEAT N COOL INC
3. P J PLBG-& HTG
PLUMBING
1. BAARS PLBG & HTG
2. K'S MECHANICAL
3. BRUCE NELSON PLBG & HTG
4. DALE SORENSON_CO
5. GREGG WERNER PLBG
CONTRACTORS' LICENSE
MARCH 41 1986
1
3
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Three
PERSONNEL ITEMS
B. PERSONNEL ITEMS
There are ,four (4) personnel items to be given consideration:
1. Clerk Typist/Parks & Recreation/Protective Inspections --
Official action was taken at the February 18, 1986 City Council
meeting to appoint Mary Weathers as Clerk Typist for the Parks
and: Recreation/Protective Inspections Departments. The City has
been contacted by Ms. Weathers and she has indicated that she
has decided to accept another job offer.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the notifica-
tion by Mary Weathers that she will not be accepting the position
of Clerk Typist with the City.
2. Engineering Tech II --A letter of resignation was received
by the City on February 18, 1986 from Mr. Scott M. Merkley. Mr.
Merkley's last day of employment with the City will be March 7,
1986. Therefore it will be necessary to advertise to fill this
vacancy.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation
of Scott M. Merkley and authorize the advertisement for a new
Engineering Tech II.
3. Clerk_ Typist/Parks & Recreation/Protective Inspections
Departments --Interviews and testing were held for this position
by Park and Recreation Director Vraa, Park Planner Sullivan and
Administrative Assistant Duffy. It is their recommendation that
Barbara Sellars be appointed to fill this vacant position. The
effective date of this appointment is February 24, 1986. Ms.
Sellars has already successfully completed the City's physical
examination requirement.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointment
of Barbara Sellars as Clerk Typist for the Parks and Recrea-
tion/Protective Inspections Departments, the appointment to be
effective February 24, 1986.
4.. Clerk Typist/Pool (Administration) --Interviews and testing
were conducted by Administrative Secretary Finnegan and
Administrative Assistant Duffy in order to fill the vacant four
hour position in the Typing Pool for Administration. Eight
applications were received for this position and five applicants
went through the testing and interview process. It is the recom-
mendation that J. Marl.ynn Carriere be hired to fill this vacancy.
The effective starting date for Ms. Carriere would be March 5,
1986 and would be dependent upon successful completion of the
u
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Four
City's physical examination requirement.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointment
of J. Mar-lynn Carriere as part-time Clerk Typist (4 hours) for
the Typing Pool within Administration, the appointment to be
effective March 5, 1986, and to be contingent upon successful
completion of the City's physical examination requirement.
5
is
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Five
ON -SALE BEER LICENSE -ST. JOHN NEUMANN CHURCH
C. One Day Consumption and Display License for St. John Neumann
Church --An application was presented by St. John Neumann Church
for aconsumption and "display license. The church is sponsoring
a dance on March 15 and would like the ability to offer 3.,2 on -sale
beer. The application was signed by Gerald Frier a resident of
40310 Pilot Knob Road and the designated chairperson or.manager
of the dance is Doris Wilkens who resides at 4225Pilot Knob Road.
The dance will be held at St. John Neumann Church on the date
as stated. For a copy of the application refer to pages
through k -
ACTION TO BE CONSIDERED ON THE ITEM: To approve a one -day,
consumption display license for St. John Neumann Church on March
15, 1986.
N1
CITY OF EAGAN
3939 PILOT KNOB ROAD -
P.O. BOX 21190 CITY OF EAGAN
EAGAN, MINNESOTA 55121 APPLICATION FOR CONSUMPTION & DISPLAY - ONE DAY LICENSE
Fee: aS,00 Date Submitted: C:V-�
�7 a0 1
MVPff
Reason For Event: t � � _� G 0 ►0 0 : r 0 yi 0
Date of Event: hI cup—CA lx -l'? 7L
Name of Non -Profit Organization: L L. ao ho� Tj]Fa � �_r h e.Z( h1 Gr A/•A,"
A. The following is to be completed by the duly authorized officer of the
organization:
1. TRUE NAME: �P / F_ V EP
2. RESIDENCE ADDRESS:
3. DATE OF BIRTH: 3 jl 4. PLACE OF BIRTH:
• Month Da Year City State
5. Have you ever been convicted of any crime other than a traffic offense?
Yes No_)(
If yes, explain: -
B. The following is to be completed by the designated Chairperson/Manager
of the event: 11
1. TRUE NAME: rA�1' 1 r S
2. RESIDENCE ADDRESS: '%`oZ l,, T K�.� l� d!d �/ fi�V �h/✓ s-�,2
3. DATE OF BIRTH: 4. PLACE OF BIRTH:
• Month ay Year City State
5. Have you ever been convicted of any crime other than a traffic offense?
Yes No_X_
If Yes, explain:
6. How long have you been a member of the organization? S zr R S
ORGANIZATION INFORMATION:
1. Address where regular meetings are held:/?2 3,4 y,167-k�VOb 7(L_ Fq� �V
Street City
2. Day and time of meetings: Y Cv kl i o w S
3. Is the applicant organization organized -under the laws of the State of
Minnesota? Yes No
4. Hoa long has the organization been in existence?
5. How many members in the organisation,> 5
Consumption & Display Application
Page Two
ORGANIZATION INFORMATION (continued)
6. What is the purpose of the organization? �lt�la 7a� S
7. Officers of the Organization:
ADDRESS (street/city/zip)
TITLE
74x e,
8. Give the names of any other persons paid for services to the organization:
NAME ADDRESS (street/city/zip) TITLE
S E'er ilsn r r�71/� l�cihFT .ALO 3e /e t n r� �2 rid h7 y ' �a�n� Ir n..To P�
%Ylu,Pce %2�y;5 �fc5'`fd.�i�.vez��.✓ �.�, ��fi� S'i9 SeGx.P ia.r�
9. In whose custody are organization records kept? 1
NAME: ccNC &, % Rea -; G ADDRESS:�(j36p / r1(;oO ,ec2
Street/City/State/Zip.
Business Telephone Number: ,Sg` 67 Home Telephone Number:
THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD THE CITY OF EAGAN HARMLESS FROM
ANY AND ALL CIAIMS OR SUITS INCLLDING ATTORNEY FEES AND OTHER DEFENSE COSTS, WHICH
THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANT OF
THISS CONSUMPTION% AND DISPLAY - ONE DAY LICENSE.
I,f 1'e ,�. fi/d /i �,_ // , and I,
Name of Authorized OtticerofOrg. Name ot EWent Manager
hereby submit in duplicate this application for a consumption and display - one
day -cense in accordane with the Eagan City Code, Chapter 5, Section 5.80, and
Minhesota Statutes
Signature -Officer Signature - ftatzperse /Manager
POLICE APPROVAL: Yes ) No ( ) SIG _ _ DATED -2 -
CITY COUNCIL APPROVAL: Yes ( ) No ( ) SIGNED DATED
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Six
•RECEIVE PETITION/ORDER PUBLIC HEARING
D. Vacate Utility Easement, Receive Petition and Order the Public
Hearing for Lone Oak Addition --We have received a petition to
vacate a common lot line drainage and utility easement that was
dedicated around the perimeter of Outlot F, Lone Oak Addition,
adjacent to the Lone Oak Trinity Lutheran Church. Lone Oak Trinity
Church will be acquiring a 150 foot strip of land adjacent to
its east property line from Outlot F and will be reconveying
comparible common lot line drainage and utility easements as a
condition of the City vacating the existing easements..
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition
vacating the utility easement (Lone Oak Addition) and order the
public hearing to be held April 1, 1986.
APPROVE JOINT POWERS AGREEMENT
E. Approve Joint Powers Agreement with Four Cities for Cooperative
Traffic Lane Striping Contract --The cities of Eagan, Burnsville,
Apple Valley, and Rosemount have prepared a Joint Powers Agreement
allowing for a cooperative contract for traffic lane striping
to be performed on an annual basis. Through past practice and
the economy of scales theory, the City of Eagan have experienced
very favorable _bids by having our traffic lane striping performed
through this Joint Powers Agreement.. This new agreement has to
be prepared to allow the incorporation of the city of Rosemount
in response to their similar desires.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve a Joint Powers
Agreement with four communities for cooperative traffic lane strip-
ing.contract.
CONVEYANCE OF EASEMENT/NORTHERN NATURAL GAS COMPANY
F. Approve Conveyance of Easement to Northern Natural Gas Company
for Pressure Station --As the Council may recall, in September
of 1984, the previous 25 year lease to the Northern Natural Gas
Company for their pumping facility near the water treatment plant
expired. In response to NNG Company's request to extend the lease
agreement, the City directed the Public Works Director to investi-
gate if any compensation could or should be negotiated as a part
of that lease extension agreement..
II
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Seven
During the past 18 months, the Public Works Director has worked
diligently with representatives of the NNG Company in trying to
resolve concerns pertaining to the aesthetics of the existing
facility. As a result of those negotiations, NNG Company
constructed an all brick perimeter enclosure with an iron gate
entrance at a cost of approximately $24,000. They also repainted
and refurbished all their existing above ground equipment. As
a result of their cooperative response and capital expenditures,
the Public Works Director is recommending that the Council approve
an Easement Deed conveying to Northern Natural Gas Company the
right to maintain and operate their existing facility for a term
of 50 years expiring on November 30, 2035. They have provided
adequate certificates of survey and all other material required •
by the City of Eagan in consideration of this lease extention.
ACTION TO BE CONSIDERED ON THIS ITEM: Approve an easement to
Norther Natural Gas Company for a period of 50 years allowing
them to operate and maintain their existing pressure station
facilities on Coachman Road near the water treatment plant and
authorize the Mayor and City Clerk to execute all related documents.
•
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Eight
PRELIMINARY PLAT EXTENSION REQUEST/OVERHSLL.FARM 2ND ADDITION,
G. Preliminary Plat Extension 'Request for Overhill Farm 2nd
Addition --,Staff received a request from a developer, David Dehler
of Overhill Properties; Inc., requesting an extension for the
preliminary plat approval for Over -hill Farm 2nd Addition to
September 19 1986. The preliminary plat approval period on
this property expires March 19, 1986. This is the first request
for preliminary plat extension.
The property is in
the process of
being sold and the buyer
intends
to continue use of
the preliminary plat already approved.
The
extension is being
requestedin
order to complete the
final
plat and begin work
on the project
this spring. Staff has suggested
that the developer
be present to
answer any questions the
Council
may have.
ACTION TO BE CONSIDERED ON THIS
for preliminary plat extension
to September 19, 1986.
•
ITEM: To approve/deny the request
for Overhill Farm 2nd Addition
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Nine
OPTIMIST CLUB PROCLAMATION
H. Optimist Club Proclomation of April 7 - 11 is Youth Appreciation
Week --Enclosed on page / �5 is a copy of a letter from Michael
Schultz, Charter President of the Eagan Optomist Club, requesting
that the City proclaim the week of April 7-11 as Youth Appreciation
Week.
ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the Optomist
Club proclamation of April 7-11 as Youth Appreciation Week.
0
/v
•
•
TOP
TOP BUSINESS
TOPSERVICES
February 14, 1988
Mayor Bea Blomqulst
Eagan City Hall
Post Office Box 21-199
Eagan, Minnesota 55121
Dear Mayor Blomqulst:
The Optimist Club of Eagan has declared the week of April 7, 1988 to
April 11, 1985 as Youth Appreciation Week. This week Is set aside to
recognize youth activities such as heroism, church work, tutoring of
retarded children, volunteerism, outstanding school achievement and
many others.
We will be requesting nominations for recognition of outstanding youth
from church, school and civic officials. During an evening ceremony
on April 10, 1980 we will name the outstanding youth of Eagan.
We would be honored If you could be at this ceremony to present this
award. We would also be honored If you would make a proclamation
naming the week of April 7, 1988 as Youth Appreciation Week.
Thank you for your support of the Optimist Club of Eagan.
Sincerely,
i
Alchael Sc uitz, Jr.
Chairman, Charter President
A MS: das
,
612/452-7510
1125 AQUARIUS LANE /3
EAGAN, MINNESOTA 55123
Agenda Information Memo
March 4, 19'86, City Council Meeting
Page Ten
GRADING PERMIT #EX -18-016, SILVER BELL CENTER
I. Approve Grading Permit #EX -18-016, Silver Bell Center (Dallas
Development) --We have received an application for a grading permit
in conjunct -ion with the recently approved preliminary plat of
the Silver Bell Center located NW of Highway 13 and Silver Bell
Road. All application materials, plans and fees have been submit-
ted, reviewed by staff, and found to be in order for favorable
Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Grading Permit
#EX -18-016 (Silver Bell Center) as submitted by Dallas Development.
•
n
U
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Eleven
PROJECT 414, FINAL ASSESSMENT HEARING
A. Final Assessment Hearing, Project 414 (Pine Ridge Drive -
Streets) --On February 4, the Final Assessment Roll for Project
414 was presented to the City Council with the Final Assessment
Hearing scheduled for March 4, 1986. Enclosed on page
is a summary tabulation of the final assessment rates as compared
to those quoted in the feasibility report presented at the public
bearing held on August 6, 1985.
All notices have been published in the legal newspaper and sent ®,
to the affected property owners informing them of the public hearing
to be held on March 4, 1986.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and to approve/modify the Final Assessment Roll for Project 414
(Pine Ridge Drive -Streets) and authorize the certification to
the County for collection of unpaid assessments to be spread over
15 years at 9.08 interest.
15'
FINAL ASSESSMENT HEARING
PROJECT NO:
NUMBER OF.YEARS ASSESSED: 15 Years
RATE OF INTEREST: 9%
TOTAL AMOUNT ASSESSED: $19,899.33
CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-23
PUBLIC HEARING DATE: August 6. 1985
��O
SUBDIVISION/AREA: PINE
RIDGE DRIVE
FINAL ASSESSMEENT HEARING:
MARCH 4, 1986
IMPROVEMENTS INSTALLED AND/`OR'ASSESSED:
F. R. = Feasibility Report
FINAL
F.R.
FINAL
F.R.
WATER RATES
RATES SANITARY
RATES
RATES
Area
0
Area
®�
Laterals
n
Laterals
ElService
Service'
Lat. Benefit/Trunk
F-1
Lat. Benefit/Trunk
STORM
STREETS
Area
Gravel Base
Cj
Laterals
O
Surfacing
$1, 421.38 Lot
$1,708 Lot
DRes.
Equiv.
®
NUMBER OF PARCELS AFFECTED:
14
NUMBER OF.YEARS ASSESSED: 15 Years
RATE OF INTEREST: 9%
TOTAL AMOUNT ASSESSED: $19,899.33
CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-23
PUBLIC HEARING DATE: August 6. 1985
��O
Agenda Information Memo
March 4, 1986., City Council Meeting
Page Twelve
PROJECT 428, FINAL ASSESSMENT HEARING
B. Final Assessment Hearing,, Project 428 (Cedarvale Industrial
Park -Trunk Storm Sewer) --On February 4, the Final Assessment Roll
for Project 428 was presented to the City Council with the Final
Assessment Hearing scheduled for March 4, 1986. Enclosed on page
is a summary tabulation of the final assessment rates
as compared to those quoted in the feasibility report presented
at the public hearing 'held on February 19, 1985. Although this
project incorporated the construction of Blackhawk Road to Kennebec
Drive in addition to the trunk area storm sewer, only the trunk
area storm .sewer is being assessed at this time with the street
construction to be assessed upon final completion during the summer
of 1986. For the trunk area storm sewer assessment portion, the
final assessment rates are the same as the feasibility report
rates. However, due to subdivisions that may have occurred during
the past year and additional detailed information pertaining, to
assessable area for several parcels, the final assessment obliga-
tion for some parcels may be slightly different then what was
contained in the preliminary assessment roll.
All notices have been published in the legal newspaper and sent
to the affected property owners informing them of the public hearing
to be held on March 4., 1986.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and to approve/modify the Final Assessment Roll for Project 428
(Cedar Industrial Park -Trunk Area Storm Sewer) and authorize the
• certification at the County for collection of unpaid assessments
to be spread over 15 years at 9.0% interest.
17
FINAL ASSESSMENT HEARING
PROJECT NO: 428
SUBDIVISION/AREA: Cedar Industrial Park Trunk Area Storm Sewer (Only)
FINAL ASSESSMEENT HEARING: March 4, 1986
IMPROVEMENTS INSTALLED AND/OR.ASSESSED:
F. R. = Feasibility Report
FINAL - F.R.
WATER RATES RATES
QArea
Laterals
® 0 Service
Lat. Benefit/Trunk
STORM $0.048 $0.048
Area $0.072 $0.072
Laterals
FINAL F. R.
SANITARY RATES RATES
Area
Laterals
Service
Lat.-Benefit/Trunk
STREETS
❑ Gravel Base
E] Surfacing
RRes. Equiv.
NUMBER OF PARCELS AFFECTED: 96
NUMBER OF YEARS ASSESSED: 15 years
RATE OF INTEREST: 9%
TOTAL AMOUNT ASSESSED: $829,051.42
CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-5
PUBLIC HEARING DATE: February 19, 1985
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Thirteen
PROJECT 437, FINAL ASSESSMENT'HEARING
C. Final Assessment Hearing, Project 437 (Windtree 4th Addition -
Streets & Utilities) --On February 4, the Final Assessment Roll
for Project 437 was presented to the City Council with the Final
Assessment Hearing scheduled for March 4, 1986. Enclosed on page
ZJ _ is a summary tabulation of the final assessment rates as
compared to those quoted in the feasibility report presented at
the public hearing held on May 7, 1985. Final assessment rates
are substantially less then the estimated cost presented at the
original public hearing.
All notices have been published in the legal newspaper and sent
to affected property owners informing them of the public hearing
to be held on March 4, 1986. In addition, a letter of explanation
pertaining to escrow agreements was forwarded to new homeowners
informing them to contact their escrow agent regarding payment
for this proposed assessment.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and approve/modify the Final Assessment Roll for Project 437
(Windtree 4th Addition -Streets & Utilities) and authorize the
certification to the County for collection of unpaid assessments
to be spread over 5 years at 9.0% interest.
FINAL ASSESSMENT HEARING
PROJECT NO: 437
SUBDIVISION/AREA: Windtree 4th Addition
FINAL ASSESSMEENT HEARING: March 4, 1986
IMPROVEMENTS INSTALLED AND/OR -,ASSESSED:
F. R. = Feasibility Report,," -
FINAL F.R.
WATER RATES RATES
QArea
L3 Laterals $1,295.95/Lot $1,709/Lot
QD Service 744.85/Lot 1,025/Lot
E] Lat. Benefit/Trunk
STORM
�X Area $ 677.33/Lot $702/Lot
Laterals $1,463.83/Lot $1,748/Lot
NUMBER OF PARCELS AFFECTED: 23
FINAL F. R.
SANITARY RATES RATES
Area
7--Eaterals $1,259.66/Lot $2,099/Lot
Service
Lat. Benefit/Trunk
STREETS
IJ Gravel Base $3,159.48/Lot $4,302/Lot
OSurfacing
Res. Equiv.
NUMBER OF YEARS ASSESSED: 5 years -�
RATE OF INTEREST: 9/
TOTAL AMOUNT ASSESSED: $197,824.91
CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: Contract 85-11
PUBLIC HEARING DATE: May 7, 1985
Agenda Information Memo
March 4, 19'816, City Council Meeting
Page Fourteen
PROJECT 438, FINAL ASSESSMENT HEARING
D. Final Assessment Hearing, Project 438 (Lexington Place South -
Streets) --On February 4, the Final Assessment. Roll for Project
438 was presented to the City Council with the Final Assessment
Hearing scheduled for March 4, 1986. Enclosed on page 7-7--
is
7iis a summary tabulation of the final assessment rate compared
to those quoted in the feasibility report presented at the public
hearing held on May 7, 1985. Although the preliminary assessment
roll contained in the feasibility report estimated the cost to
be spread equally on a per lot basis, the Final Assessment Roll
was prepared spreading the assessments on a front footage basis
• in response to the written request of the developers affected.
For comparative purposes, if the final assessment had been spread
equally on a per lot basis similar to the feasibility report,
it would reflect a substantial reduction in the amount of the
proposed assessments.
All notices have been published in the legal newspaper and sent
to the affected property owners informing them of the public hearing
to be held on March 4, 1986. In addition, a letter of explanation
pertaining to escrow arrangements was forwarded to new homeowners
informing them to contact their escrow agents regarding payment
of this proposed final assessment.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and to approve/modify the Final Assessment Roll for Project 438
(Lexington Place South-Streeets) and authorize certification to
• the County for unpaid assessments to be spread over 5 years at
9.0% interest.
ai
FINAL ASSESSMENT HEARING
PROJECT NO: 438
SUBDIVISION/AREA: Lexington Place South
FINAL ASSESSMEENT HEARING: March 4, 1986
IMPROVEMENTS INSTALLED AND'/ORASSESSED:
F. R. = Feasibility Rep
tiY[
FINAL F.R.
WATER RATES RATES
Lf Area
® E) Laterals
Service
Lat. Benefit/Trunk
STORM
Area
Laterals
FINAL
SANITARY RATES
Area
Laterals
Service
Lat. Benefit/Trunk
STREETS
Gravel Base
❑X Surfacing
Res. Equiv.
. I1
NUMBER OF PARCELS AFFECTED: 134
NUMBER OF YEARS ASSESSED: 5 years
RATE OF INTEREST• 9%
TOTAL AMOUNT ASSESSED: $231,733.22
CONSTRUCTED UNDER THE FOLLOWING CONTRACTS:
PUBLIC HEARING DATE: Ma 7 1985
85-12
F. R.
RATES
$1729.35 Lot
$24.80 FF $1,993 Lot
Y
* $1729.35 would be the per lot assessment if divided equally on a per lot
basis as per the feasibility report.
zy
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Fifteen
PROJECT 454, PUBLIC HEARING
E. Public Hearing, Project 4`54 (Addendum, Ashbury Road - Trailway,
Pond Elevation & Excavation)' --On December 3, 1985, the public
hearing was held to discuss the installation of streets and
utilities for Ashbury Road construction from Blackhawk Glen to
Blue Cross Road. As a result of this project being approved at
that public hearing, continued discussions with the major developer,
Sienna Corporation and Blue Cross/Blue Shield resulted in some
modifications pertaining to the excavation and placement of excess
material to the benefit of certain landowners. In addition to
modifying various pond elevations to maximize the control of water
• depth and the need to continue the sidewalk/trailway from the
Blackhawk Glen Addition to Blue Cross Road.
Due to the fact that several of these modifications result in
additional assessments to benefitted properties, it is necessary
to hold a new public hearing addressing these anticipated additional
costs.
A consulting engineer and Public Works Director will be available
to discuss in furthe detail this addendum, copies of which are
enclosed on pages through _�7, for the Council's information
and review during this public hearing.
All notices have been published in the legal newspaper and sent
to all affected property owners informing them of this public
hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and approve/deny Project 454 addendum #2 (Ashbury Road-Trailway,etc)
and if approved, authorize the preparation of detailed plans and
specifications.
23
E
2335 4U. 7,-4 36
sr. /)...J, Af --mow 55113
/)Go...
6t.2-636-4600
February 21, 1986
Honorable Mayor and Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Addendum No. 2
Blackhawk Glen
Project No. 454
File No. 49366
(Ashbury Road)
Dear Mayor and Council:
On, G, tlnnesnoo. P.E.
kr,herl N'. Ro.ene, P.E.
J,,,,b C. AndMA. P.E.
Rmdlnrd A. Lrmherg, P.E.
Rl, hmd E. Tumor, P.E.
Jmnr. C. 01,1,n, PE
Glynn R. Cook, P.E
Keith A- Gordan, P.E
Th.m.s E. Noyrs. P.E
Richard W. Eos¢r, P.E.
Robe" G. sch.nh hc. P, E.
Morvin L, S. ... I.. P.E
Donald C B.,,,d,. P E.
J"ry A. Ro.rdon, P.E.
Mark A. ll.mm.. P.E.
Trd A. Emd. P.E.
Mirherl T Rourm.na P.E.
R.be" R- Pfefl,,lr, P.E.
D..id O, /..,koro, A.E.
Chane, A, Erickson
Leo M. P..MkM
1/o4on W. Olson
Enclosed is Addendum No. 2 to the feasibility report for the subject project.
This addendum involves three items. The first is the result of an agreement
between Blue Cross and the owners of Outlot D Blackhawk Glen First Addition
concerning the disposal of excess excavation from the project. The second
item reflects final revisions to storage capacities and water levels of ponds
within the report area. The final item is the addition of a sidewalk/trailway
along Ashburyc Road. Because of these changes, the estimated assessment rates
were revised and a new Summary Preliminary Assessment Roll was prepared.
We would be please to meet with the Council and other interested parties at a
mutually convenient time to discuss this addendum along with the original
feasibility report.
Yours very truly,
N
0,i
E, ANDERLIK 6 ASSOCIATES, INC.
Thomas E. Angus
TEA:mb
Encl.
2620d
; fg
REPORT ADDENDUM NO. 2
ON
BLACKHAWK GLEN (ASHBURY ROAD)
UTILITY AND STREET IMPROVEMENTS
Project No. 454
EAGAN, MINNESOTA
INTRODUCTION
This is an addendum to the feasibility report for Blackhawk Glen (Ashbury
Road) dated October 15, 1985. The purpose of this addendum is to revise the
preliminary assessment roll as presented in the original report.
DISCUSSION Is
A. DISPOSAL OF EXCAVATION
A meeting on December 24, 1985 was held between the owners of Outlot D,
Blackhawk Glen First Addition and, Parcel 010-30 (Minnesota Hospital Services
Association) in Section 16 which resulted in an agreement concerning the
earthwork along Ashbury Road, east of Birch Pond Road. The owners of Outlot
D, Blackhawk Glen 1st Addition agreed to purchase the excess material on the
north side of Ashbury Road from Minnesota Hospital Services and place the ma-
terial in Outlot D as required. The owners of Outlot D propose to pay for
this excess material by including the cost of the excess material with their
assessments resulting in a reduction by the same amount to Minnesota Hospital
Services.
B. PONDING CONSIDERATIONS
A further analysis of the ponding capacities and water levels for ponds
within storm water Area C was performed based on comments expressed at the
public hearing and recent meetings with the abutting land owners. Based on
the study the following items were revised.
2620d
Page 1.
Z5
A. A new pond, CP -13 was added to the area. This pond is located in the
SW corner of the Royal Oak Addition and will provide a small amount of
storage for the surrounding areas.
B. The storage capacity for Pond CP -1 was revised based on discussions
with the owner who intends to fill an area of the pond that is present-
ly above the NWL. The owner's plans would reduce the surface area of
the pond at the HWL in comparison to the Comprehensive Storm Water Plan
thereby reducing the amount of storage.
As a result, the HWL for Pond CP -1 was raised 2.3' from the Comprehen-
sive Plan to provide additional storage. This change has minimal af-
fect on the future development of the surrounding land.
C. In order to provide a higher NWL for Pond CP -11 the HWL of Pond CP -6
was raised from 804 to 809. Therefore, a ponding easement will be ac-
quired at the 809 elevation which does not create a hardship for the
abutting owner.
D. Based on the changes discussed above, the NWL for Pond CP -11 has been
raised from 802 to 802.5 and the storage capacity decreased from 82.6
® to 66.5 acre feet.
Appendix A of the original report is attached and has been revised tore-
flect the additions and changes to the pond data. These revisions do not ef-
fect the estimated construction cost, therefore no changes have been made to
the total estimated project costs.
C. SIDEWALK/TRAILWAY
A 5 foot concrete walk and 8 foot bituminous trailway are proposed along
Ashbury Road as shown on the attached drawing. The walkway would be located
along the north side from the end of the existing walk in Blackhawk Glen De -
Page 2. /
2620d
velopment to Birch Pond Road. The trailway would be located along the south
side from Birch Pond Road to Blue Cross Road. The estimated project cost for
this work is detailed in Appendix B and is $28,590.
ASSESSMENTS
A. DISPOSAL OF EXCAVATION: The estimated assessment rates which includes
street surfacing for the two parcels concerned with the disposal of excavation
have been revised as follows, based on the above discussion.
Section 16, Parcel 010-30 (East
of Birch Pond Road) $27.90/F.F. ®.
Outlot D, Blackhawk Glen First Addition $45.38/F.F.
C. SIDEWALK/TRAILWAY
It is proposed to assess the total cost of the sidewalk/trailway on a
front foot basis to the abutting property along Ashbury Road. The estimated
assessment rate is $4.49/F.F.
A revised preliminary assessment roll is included at the back of this
Addendum No. 2 for Appendix C, Section E: Streets and the Summary Preliminary
Assessment.
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 innesota.
Mark A. Hanson, P.E.
Date: L/ y't /6/ C Reg. No. 14260
Page 3.
2620d �7
•
APPENDIX A
PROPOSED NEN POND DATA
BLACKRAWK GLEN
PROJECT NO. 454
*CP-2 and CP -12 have been combined as a single pond for analysis.
r�Ny��1
^ ** New Pond
Page 4.
2620d
Change
Change
Pond
Change is
Pond Area
in Area
Pond Area
in Area
Storage
Change in
in
Change in
Outflow
Outflow
2 NWL
@ NWL
@ HWL
@ HWL
Volume
Volume
mange
(CFS)
(CFS)
Pond No.
(Acres)
(Acres)
(Acres
(Arses)
(Ac -Ft)
(Ac -Ft)
NWL
N1+9.
11171.
HWL
9.9
1.2
44.1
+6.1
827.0
+2.0
832.0
+2.3
2.8
-3.2
CP -1
7..6 .
+3.3
*CP -2
1.6
-0.3
2.8
-0.7
*
•
823.4
0
829.0
-0.7
'
*CP -12
1.0
0
1.5
-0.1
15.1
-4.3 Dry @
826.5
0
829.0
-0.6
8.8
-0.7
CP -11
9.0
+1.0
11.6
-0.3
66.5
-36.1
802.5
+7.5
809.0
+0.9
4.1
+0.1
CP -6
1.8
+0.6
5.2
-0.2
53.3
+1.4
794.0
+3.3
809.0
+3.0
5.0
0 .
**CP -13
0
---
1.1
---
2.9
---
858.0
---
863.0
---
7.8
---
*CP-2 and CP -12 have been combined as a single pond for analysis.
r�Ny��1
^ ** New Pond
Page 4.
2620d
APPENDIX B
PRELIMINARY COST ESTIMATE
BLACKHAWK GLEN (ASHBURY ROAD)
PROSECT NO. 454
C. SIDEWALK/TRAILWAY
100
Cu.yds.
Granular borrow in pl. @ $5.00/cu.yd.
$ 500
7,600
Sq.ft.
4" Concrete Walk in pl. @ $1.40/sq.ft.
10,640
650
Ton
Class 5, 100% crushed quarry rock in pl. @ $8.00/ton
5,200
200
Ton
Bituminous wear course in pl. @ $14.00/ton
2,800
12
Ton
Bituminous material for mixture @ $270.00/ton
23640
Sub Total
$21,780
+5% Contingencies
1,089
$22,869
+25% Legal, Engrng., Admin. and Bond Interest
51721
TOTAL WALK/TRAILWAY ..............................
$28,590
2620d
Page 5.
2�
APPENDIX C
PRELIMINARY ASSESSMENT ROLL
BLACKHAWK GLEN (ASHBURY ROAD)
PROSECT NO. 454
E. STREETS
Assessable
Footage
SECTION 16
010-30 (MN Hosp. Serv. Assn.)(1) 614
010-30 (MN Hosp. Serv. Assn.)(2) 1,454
® Blackhawk Glen First Addition:(2)
Outlot B 473
Outlot D 1,309
Outlot E 401
SECTION 17
010-01 (MN Hosp. Serv. Assn.)(1) 2,200
TOTAL 6,451
(1) Segment west of Birchpond Road
(2) Segment east of Birchpond Road
F. SIDEWALK/TRAILWAY
Section 16
010-30 (Mn. Hosp. Serv. Assn.) 2,068
Blackhawk Glen First Addition
Outlot B 389
Outlot D 1,309
Outlot E 401
Section 17
010-01 (Mn. Hosp. Serv. Assn.) 2,200
6,367
Page 6.
2620d 36
Total
Rate/F.F. Assessment
$48.52 $ 29,791
27.90 40,566
$36.66 $ 17,338
46.38 60,712
36.66 14,699
$48.52 $106,744
$269,850
$ 4.49 $ 9,286
4.49
1,747
4.49
5,878
4.49
1,800
4.4.9
9,879
$ 28,590
SUMMARY
PRELIMINARY ASSESSMENT ROLL
BLACRRAWR GLEN (ASHBORY ROAD)
PROJECT NO. 454
-620d
0
Page 7.
Storm Serer
Sanitary
Water
E.of Birch
W. of Birch
Sidewalk
Total
Parcel
Sever
Hain
Services
Pond Road
Pond Road
Trunk
Streets
Trailway
Assessment
SECTION 16
Blackhawk Glen First Addition:
Outlot B
---
$ 5,619
$ 7,605
---
---
--
$ 17,338
$ 1,747
$ 32,309
Cutlot D
--
15,551
11,408
$ 4,320
---
--
60,712
5,878
97,869
Outlot E
---
4,764
7,605
---
---
--
14,699
1,800
28,868
010-30 (MN Hosp.
Serv. Assn.)
$ 9,293
24,568
---
4,320
$60,282
$193,604
70,357
9,286
371,710
010-30 (City of Eagan
Enterprise Fund)
---
---
611
---
---
--
---
---
611
011-29 (MN Hosp.
Serv. Assn.)
---
---
---
---
---
1,054
--
--
1,054
012-^_9 (MN Hosp.
Serv. Assn.)
---
---
---
---
--
1,054
---
---
1,054
f\l,,
SECTION 17
010-01 (MN Hosp.
Serv. Assn.)
$33,297
$26,136
---
---
$28,428
$ 51,960
$106,744
$ 9,879
$256,444
010-01 (City of Eagan
Park)
---
---
S 1,901
---
---
21,432
--
---
23,333
TOTAL
$42,590
$76,638
$29,130
$ 8,640
$88,710
$269,104
$269,850
$28,590
$813,252
-620d
0
Page 7.
� � .YANKEE I DOODLE RO,
�Q j 2v
---
Co Rd No 28)
ri
cc
CD
012-27
Ivor
ej /
q B��ND� ASHBURY �\ END WALK I ..HTS
y BLACKH y�� \
�-` TRAILWAY g' SITU INDUS TRAILWAY �i
5' CONCRETE WALK
I I
BONESTROO, POSEN E, ANDERLIK \\ ° • _ • ° _ _ ' r �\ I I I I ,° ,or [ N A K
oioxs CRUST /D E •Z L RBEGN
d ASSOCIATES, INC. \ _ _ __ _ TRAILWAY m \ j ovr,lPr o
Consulting Enpineera —' 11 � , T
St. Paul, Minn. I J
axr-n 1 • x • , ' • x �, .
Dete: Oct. 1985 Comm. 49366 \\A — 6p O O t �� , �.� J
T • io a ,i i o p o, II . • ' O•
BLACKHAWK GLEN ( ASHBURY ROAD) `, M NT RE d� LA. l J a ,o B ACKHAYf,R I
L) _
Z WALK /TAALWAY \ - --�— �+.' Y. fK O ILLS . ° .
O r • , , e �I2 j , / LEN 181
PROJECT No. 454-'b\ ° ' ° ADD IT ICN ' C „...,.,
EAGAN, MINNESOTA \ ° ° 10 • " " , • O `. ADDITIOP! �� m
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Sixteen,
PROJECT 465, PUBLIC HEARING
F. Public Hearing, Project 465 (Rahn Ridge -Trunk Storm Sewer) -
In response to a petition submitted by the developers of the
proposed Rahn Ridge Addition, the Council authorized the prepara-
tion of the feasibility report to discuss the installation of
a trunk storm sewer outlet from Pond AP -29 (Vienna Woods) to Pond'
AP -44 (I -3'5E). This feasibility report was completed and presented
to the Council on February 4 with the pu lic hearing being scheduled
for March 4. Enclosed on pages throughis a copy
of the feasibility report for the Council's information and review
during this public hearing.
• All notices have been published in the legal newspaper and sent
to all potentially affected property owners informing them of
this public hearing.
ACTION TO BE. CONSIDERED ON THIS ITEM: To close the public hearing
and approve/deny Project 465 (Rahn Ridge -Trunk Storm Sewer) and
if approved, authorize the appropriation of detailed plans and
specifications.
33
REPORT
ON
RAHN.RIDGE
® ( POND AP -29 TO AP -44 ) .
TRUNK STORM SEWER IMPROVEMENTS
PROJECT NO. 465
EAGAN, MINNESOTA
®' 1985
FILE N0. 49379
/3asr�.l�iioa, "apse, fYwWda a yq"oc,4�- f Disc.
91 /)au/, /t 4mtldata
35
R
V335
2U. 7,....J. �l.yG,,,..y 36
r. /1,_I. M:..,r.roJ,. 55173
'..• 612-6364600
January 3, 1986
yl k & yq
Honorable Mayor and Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Rahn Ridge (Pond AP -29 to AP -44)
Trunk Storm Sewer Improvements
Project No. 465
Our File No. 49379
Dear Mayor and Council:
yam.
p
unrr G. NnOu. P.E.
Nrrfurl II'. Nnrenr, Ii E.
R,111
Ji nrgrp ('..Indnllk. AE,
hrvrll�uJ:L Lrruhrrx. P,E,
Niihnrtl L.: Lvnrv, P.F.
lumr r I'. (n-,. /r. h:
Glrnn R. C.uk. I'. E.
Keith A. Gurdon, P.F.
Thoma, E. N.,, Y.G.
Rirha,d W. Foslea HE.
R.M, G. Sohunirhl, P.E,
Marrin L. Sorrulu. V.E.
OonoM C. RurNurJ". Ir.li
J111 A.
AIurA A. I/wnun. I•, l_
Td 6, Fiod. P. L'.
Ah, h.11 T. Nuurn.en¢ P, 1.
Ro011 R. Pfej),r o P. E.
David O. L.A. ". P, L.:
Churin A. Elm k,en
Leu .M. Puwrhp
Hvrinn M. Ohm"
Enclosed is our report for Rahn Ridge (Pond AP -29 to AP -44), Project No. 465.
This report covers trunk storm sewer improvements 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.
L
Mark A. Hanson _
MAH:li
I hereby certify that this report was prepared
by me or under my direct supervision and that
I am a duly Registered Professional Engineer
under the laws of the State of Minnesota.
Mark A. Hanson
Date: January 3, 1986 Reg. No. 14260
Approved by.c._,r,,,,,,;,,
.Department of Public Works
Date•2—
.;' io
2719d 3C
•
•
SCOPE: This project provides for the construction of trunk storm sewer to
serve Rahn Ridge Addition (Pond AP -29 to AP -44). Rahn Ridge Addition is loca-
ted northwesterly of I -35E, east of Vienna Woods, and southerly of Rahn Way.
Rahn Ridge includes 20 single-family residential lots, one large lot which a
church is presently proposed and an outlot which is zoned commercial/ indus-
trial.
FEASIBILITY AND RECOMMENDATION: The project is feasible from an engineering
standpoint. The project, however, is not in accordance with the Comprehensive
Storm Sewer Plan in that it proposes to construct the outlet for Pond AP -29 to
Pond AP -44 instead of Pond AP -13 as proposed in the Comprehensive Plan. Both
ponds have positive gravity outlets. This change will require a permit from
Mn/DOT because Pond AP -44 is included within their right-of-way. A permit
will also be required from Mn/DOT for that storm sewer which discharges di-
rectly from Pin Oak Drive into Pond AP -44.
DISCUSSION: This project provides for constructing a trunk storm sewer from
Pond AP -29 to Pond AP -44 as shown on the attached drawing. It is proposed
that the storm sewer be constructed in such a way that the runoff from Vienna
Lane be conveyed by an 18" RCP to Pond AP -29 and that the 12" RCP from Vienna
Lane to Pond AP -44 control the outflow from Pond AP -29. Design considerations
for Pond AP -29 are listed below:
Storage Outflow
NWL HWL (ac.ft.) (cfs)
Pond AP -29 917.2 920 2.1 1
AREA TO BE INCLUDED:
2719d
CONSTRUCTION AREA
Rahn Ridge
Lot 3, 4, Block 2
Lot 3, 4, Block 3
Outlot C
Page 1.
37
ASSESSMENT AREA
Rahn Ridge
Lot 2-6, Block 1
Lot 1-6, Block 2
Lot 1-6, Block 3
Lot 1-3, Block 4
COST ESTIMATE: A detailed cost estimate is presented in Appendix A located at
the back of this report. The total estimated project cost is $39,330 which
includes contingencies and all related overhead. Overhead costs are estimated
at 30% 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 in Appendix B located at
the back of this report. All lateral assessments will be revised based on
final costs.
The storm sewer segment from
Vienna Lane to Pond AP -29 is considered lat-
eral. Therefore, it is proposed
to assess that portion equally on a per lot
basis to the benefited lots in Rahn
Ridge. The owners of Rahn Ridge previ-
ously petitioned the City to have
their trunk area storm sewer assessment (ap-
proximately $36,000) be levied as
part of Project No. 370. As a result, Rahn
Ridge has been assessed their trunk area storm sewer assessment in conjunction
with the adjacent platted parcels
which benefit from this project. Therefore
there is no trunk area storm sewer
assessment proposed as part of this project,
REVENUE: Revenue sources to cover
the cost of this project are as follows:
Project
Cost Revenue Balance
Trunk
$22,560
Lateral
16,770
Lateral Assessment
$16,770
TOTAL
$39,330 $16,770 -$22,560
The anticipated project deficit is $22,560.
2719d Page 2.
38
•
PROSECT SCHEDULE
Present Feasbility Report February 4, 1986
Public Hearing March 4, 1986
Approve Plans & Specifications April, 1986
Open Bids/Award Contract May, 1986
Construction Completion Sumner 1986
Final
Assessment
Hearing
September, 1986
First
Payment Due
with Real Estate Taxes
May, 1987
2719d
Page 3.
39
APPENDIX A
PRELIMINARY COST ESTIMATE
RAHN RIDGE (POND AP -29 TO AP -44)
TRUNK STORM SEWER IMPROVEMENTS
PROJECT NO. 465
250
Lin.ft.
18" RCP Storm sewer in pl. @ $30.00/lin.ft.
$ 7,500
480
Lin.ft.
12" RCP Storm sewer in pl. @ $26.00/lin.ft.
12,480
3
Each
Std. MH w/cstg. @ $1,000.00/each
3,000
2
Each
Std. CB w/cstg. @ $800.00/each
1,600
1
Each
18" RCP Flared end @ $700.00/each
700
1
Each
12" RCP Flared end @ $500.00/each
500
8
Cu.yds.
Rip rap in pl. @ $100.00/cu.yd.
800
1.5
Acres
Seed with mulch 5 fertilizer @ $1,000.00/Ac.
1,500
730
Lin.ft.
Mechanical trench compaction @ $1.00/lin.ft.
730
Total
$28,810
+5% Contingencies
1,440
$30,250
+30% Legal, Engrng., Admin. 6 Bond Interest
9,080
•
TOTAL.............................................
$39,330
2719d Page 4. 4.
i`� �
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
RAHN RIDGE (POND AP -29 TO AP -44)
TRUNK STORM SEWER IMPROVEMENTS
PROJECT NO. 465
LATERAL BENEFIT FROM TRUNK STORM SEWER
Parcel
No. of
Total
Description
Lots
Cost/Lot
Assessment
® Rahn.Ridge
Lot 2-6, Block
1
5
$839
$ 4,193
Lot 1-6, Block
2
6
839
5,031
Lot 1-6, Block
3
6
839
5,031
Lot 1-3, Block
4
3
839
2,515
TOTAL ..........................
20
$16,770
r 1
U
Page 5.
2719d
ADDENDUM NO. 1
RAHN RIDGE (EAST LINE BLOCK 2 TO POND AP -44)
TRUNK STORM. SEWER IMPROVEMENTS
PROJECT NO. 465
EAGAN, MINNESOTA
FEBRUARY 25, 1986
FILE NO. 49379
DISCUSSION: This addendum provides for deletion of storm sewer proposed as
part of the preliminary report. The developer has indicated he will construct
and finance the storm sewer from Pond AP -29 to the east line of Block 2 Rahn
Ridge. Construction of this storm sewer will fulfill the developer's require-
ment for lateral storm sewer as recommended in the preliminary report.
Storm sewer proposed to be constructed as part of this addendum includes
the 12" RCP storm sewer from the east line of Block 2 Rahn Ridge across 0utlot
C to Pond AP -44 as shown on the attached drawing. Pond AP -44 is included
within Mn/DOT right-of-way and will require a permit from Mn/DOT to .construct
this pipe.
COST ESTIMATE: A detailed cost estimate is presented in Appendix A attached
® to this addendum. The total estimated project cost is $19,550 which includes
contingencies and all related overhead. Overhead costs are estimated at 30%
and include legal, engineering, administration, and bond interest.
ASSESSMENTS: As previously noted, the developer, by constructing the storm
sewer from Pond AP -29 to the east line of Block 2 Rahn Ridge, has fulfilled
his lateral storm sewer obligation. Therefore, storm sewer proposed as part
of this addendum is considered trunk. As indicated in the preliminary report,
trunk area storm sewer for this area was previously assessed. As a result,
the total estimated project cost ($19,550) will be the responsibility of the
trunk storm sewer fund.
3647d �t Q
ADDENDUM NO. 1
APPENDIX A
PRELIMINARY COST ESTIMATE
RAHN RIDGE (EAST LINE BLOCK 2 TO POND AP -44)
TRUNK STORM SEWER IMPROVEMENTS
PROJECT NO. 465
LUMP SUM Mobilization @ $2,000.00/L.S.
320 Lin.ft. 12" RCP Storm sewer in pl. @ $30.00/lin.ft.
1 Each 12" RCP Flared end @ $500.00/each
4 Cu.yds. Rip rap in pl. @ $100.00/cu.yd.
1 Each Connect 12" RCP to existing MH @ $500.00/each
1..0 Acres Seed with mulch S fertilizer @ $.1,000.00/Ac.
320 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft.
3647d
Total
+5% Contingencies
-+30% Legal, Engrng-, Admin. S Bond Interest
TOTAL............................................
�Z 6
$ 2,000
9,600
500
400
500
1,000
320
$14,320
720
$,15;040
4,510
$19,550
RAHN ROAD
OUTLOT F
4
5
ADDENDUM
FEBRUARY 25, 1986
:AP
OND \ y�y
N.WL-= 915.9
-44 H.WL.=918.0 20
.3
OUT B p OUTLOT C
C,a
RA. /
I/ Y2/3/1/4 /I 5 6 �
VIENNA A.
PROPOSED STORM SEWER q
BY DEVELOPER 1 U
I 2 3 4 5O 6
NWL.= 9172
H.W.L.=920.0
V/ . N D
/®
3
N 0 R T H
0 200 400
LATERAL ASSESSMENT AREA
SCALE IN FEET
.RAHN RIDGE BONESTROO, ROSENE, ANDERLIK
( POND AP -29 TO AP -44) ASSOCIATES, INC.
Consulting Engineers
TRUNK STORM SEWER St. Paul, Minn.
PROJECT NO. 465 Date: DEC., 1985
FIG. No.
EAGAN, MINNESOTA Comm. 49379
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Seventeen
PROJECT 452, PUBLIC HEARING
G. Public Hearing, Project 452 (Beryl Pond -Storm Sewer Outlet) --
In response to a petition submitted by Loren Spande, builder of
Lot 1, Block 1, Cedar Cliff Commercial Park 2nd Addition, the
Council authorized the appropriation of the feasibility report
for the proposed storm sewer outlet for the pond along the east
boundary of that subdivision, adjacent to Cliff Road. The
feasibility report was completed and presented to the Council
on January 7 with the public hearing being scheduled for February
4.
• Due to the fact that one of the alternate alignments involved
construction within Rahn Park, the Park Committee expressed several
concerns and reservations pertaining to the proposed alignment
and recommended th t additional alternates be investigated.
Enclosed on pages through 4 is the original feasibility
report which was presented to the Park Committee. Enclosed on
pages through is the subsequent addendums that were
d n
prepareresponse to e Park Committee's concerns.
At the February 4 public hearing, the Council received a letter
of concern from Federal Land Company, owners of the property
impacted by the various alignment alternates. As a result of
their concerns, the Council continued the public hearing until
March 4 to allow the staff an opportunity to review the various
alignments with Federal Land Company. Enclosed on page(s) 60
is a letter from Federal Land Company again expressing their
• concerns and objections to this project at this time.
The consulting engineer and Public Works Director will be available
to discuss, in detail, the various alternates being considered
under this project.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and to approve/deny Project 452 (Beryl Pond Storm Sewer Outlet)
and if approved, authorize preparation of detailed plans and
specifications.
�3
REPORT
ON
PONDS AP -50, AP -49, AND AP -25 OUTLETS
® TRUNK STORM SEWER IMPROVEMENTS
PROJECT NO.452
FOR
EAGAN, MINNESOTA
• 1985
FILE N0.49364
egg e . _
94 Pau% MIA"Aata
1/9
Bao , Rte, 4nd"'4 &
2335 W. '/.-A d1.p :" 36
$F. 1)n d,, ,4f ..,, 55113
19G... 612-636-4600
December 6, 1985
Honorable Mayor and Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Ponds AP -50, AP -49 & AP -25 Outlets
Project No. 452
Our File No. 49364
Dear Mayor and Council:
Due G. 9onenroo, PE,
Rnb,, W. Ronne, P.E.
lu.eph C And,,hk. P.E.
Rrndh,d A. Lemberg, P.E.
Riehurd E. Turner, P.E,
lu.rue C Dl.un. P.E.
Glenn R. C..A, P.F.
Keith A. Guido, P.J.
Thom. E. Norn. P.E.
Riehnrd IV. F.,,,. Pli.
Robe" G. Srhunirhl, P,c.
Marvin L 5nrvala, P P.
Donald C Rurgurdq PE.
lerp A. Ruu.dnn, P.E.
Mork .J. /lamnn, P.E,
Ted K. Pvld, P Ft
MirhM T. Rammann. P. E,
Roherr, R. P/e/fedi. N E
Do rid 0. Lo4.,.. P.E.
(Junes A, Erickson
Lm .M. Pvve/rkv
//orlon Af. Olmn
Transmitted herewith is our report for Ponds AP -50, AP -49, and AP -25 Outlets,
Project No. 452. This report covers trunk storm sewer construction and in-
cludes a preliminary assessment roll.
We would be pleased to meet with the Council and other interested parties at a
mutually convenient time to discuss any aspect of this report.
Yours very truly,
•
BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC.
Mark A. Hanson •
MAH:li
I hereby certify that this report was prepared
by me or under my direct supervision and that
I am a duly Registered Professional Engineer
under the laws of the State of Minnesota.
fY� C4"
Mark A. Hanson
Date: December 6, 1985 Reg. No. 14260
Approved by:
Department of Public Works
Date:
2311d (1$
SCOPE: This project provides for the construction of trunk storm sewer out-
lets for Ponds AP -50, AP -49, and AP -25. This project is the result of a peti-
tion received from the owner of the two lots in Cedar Cliff Commercial Park
2nd Addition which includes a portion of Pond AP -50. An office building ex-
ists on the southerly lot abutting Pond AP -50 while a future office building
is proposed on the northerly lot. Pond AP -49 is included within Rahn Park lo-
cated northeasterly of Pond AP -50 and west of Rahn Road. Pond AP -25 is lo-
cated easterly of Pond AP -49 directly east of Rahn Road.
FEASIBILITY AND RECOMMENDATION: This project is feasible from an engineering
® standpoint and is in accordance with the Comprehensive Storm Sewer Plan for
the City of Eagan with the exception of the proposed normal water level for
Pond AP -49 included in Rahn Park. It is proposed as part of this project the
normal water level for Pond AP -49 be lowered to 874.1 as opposed to the recom-
mended level of 881.7 in the Comprehensive Storm Sewer Plan. A normal water
elevation of 881.7 would destroy large established trees around Pond AP -49 and
also flood an additional 0.8 acre of land above the 874.1 elevation. To pro-
vide a gravity outlet at the lower elevation is more costly (approximately
$18,000), however, based on the permanent impact to Rahn Park, it is recom-
mended the lower elevation of 874.1 be established as the normal water eleva-
tion for Pond AP -49.
DISCUSSION: A portion of this project provides for constructing a trunk storm
sewer outlet from Pond AP -50 to Pond AP -49. Two alternate alignments are pro-
posed for this construction as shown on the attached drawing. Alternate A
proposes constructing a 12" RCP gravity storm sewer northerly adjacent to the
easterly line of the Cedar Cliff Additions into Rahn Park. The line would
continue northerly in Rahn Park and then easterly through a low area to Pond
AP -49. Alternate B proposes constructing the same size gravity sewer easterly
Pat 1.
2 311 d
from Pond AP -50 through parcel 011-76 along an anticipated street alignment to
Rahn Park. The alignment would then continue northerly and easterly in Rahn
Park along the same alignment as Alternate A to Pond AP -49. The alignment for
Alternate B is approximately $12,000 more costly due to deeper cuts and is
contingent on future street development through Parcel 011-76. Presently no
approved plans exist for development of this parcel. Alternate A, however,
does require more tree removal and impacts the park property for a greater
distance.
It is also proposed as part of this project to construct a gravity storm
sewer outlet from Pond AP -49 and Pond AP -25 to Pond AP -24. Due to the recom-
mended level for Pond AP -49 being lowered, it is necessary that the gravity
storm sewer from Pond AP -49 be constructed around Pond AP -25 rather than into
it due to its higher water level. The gravity storm sewer from each pond
would then combine as one on the northerly side of Pond AP -25 and continue
northerly to an existing 24" RCP storm sewer adjacent to Pond AP -24. It is
assumed the gravity storm sewer beneath Rahn Road will be jacked or augered.
Design considerations for each pond are listed below:
NWL HWL Storage Outflow
Elev. Elev. (Ac.Ft.) (cfs)
Pond AP -25 880.5 888.5 22.0 8.5
Pond AP -49 874.1 888.0 22.9 1.0
Pond AP -50 886.0 894.0 12.0 2.8
EASEMENTS: Permanent and temporary construction easements are required from
the unplatted parcels between Pond AP -50 and Rahn Park and between Pond AP -25
and AP -24. It is assumed for purposes of this report ponding easements for
Ponds AP -50, AP -25, and AP -24 will be dedicated at the time they develop. No
easements are proposed to be acquired through Rahn Park. Listed below are the
easements required for this project:
Page 2.
_
2311d �y
Parcel
Description
SW 1/4, SECTION 29
012-50
SE 1/4, SECTION 30
011-76: Alternate A
Permanent Easement
(Acres)
0.4
0.4
Temporary Easement
(Acres)
2.1
1.2
011-76: Alternate B 0.5 2.8
It is assumed all easements can be acquired at no cost to the City.
AREA TO BE INCLUDED
® ASSESSMENT AREA
SW 1/4. SECTION 29
Parcel 012-50
SE 1/4, SECTION 30
Parcel 011-76
NE 1/4, SECTION 31
Parcel 010-02
Parcel 011-03
CONSTRUCTION AREA
SW 1/4, SECTION 29
Parcel 012-50
SE 1/4, SECTION 30
Parcel 011-76
Parcel 012-76
COST ESTIMATE: Detailed cost estimates are presented in Appendix A located at
is the back of this report and are summarized below:
Pond AP -50 TO AP -49
Alternate A $84,920
Alternate B 96,170
POND AP -49 AND AP -25 TO AP -24 88,570
The total estimated project cost for Alternate A and B is $173,490 and
$184,740 respectively which includes contingencies and all related overhead.
Overhead costs are estimated at 30% and include legal engineering, administra-
tion, and bond interest. These costs do not reflect any easement acquisition
costs.
Page 3�.
2 311 d ,r/off'
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. All project costs included herein are considered trunk
with the exception of the 24" diameter east -west storm sewer for Alternate B
from Pond AP -50. The oversizing cost for this section is considered lateral
and is proposed to be assessed entirely to Parcel 011-76. Lateral cost will
be revised based on final costs. It is also proposed to assess those parcels
their trunk area storm sewer assessment which have not been previously as-
sessed but benefit from this project.
These assessments will be spread over a period of time as determined by
the City Council at the Public Hearing. The interest rates will be based upon
the latest bond sale at the time of the final assessment hearing.
TRUNK RATES: Trunk rates in effect at the time of this report are as follows:
Storm Sewer
Single Family $0.050/sq.ft.
Comm./Ind. $0.075/sq.ft.
REVENUE SOURCES: Revenue sources to cover the cost of this project are as
follows:
Project
Cost Revenue Balance
ALTERNATE A
Trunk $173,490
Trunk Area Assessment $178,107
TOTAL $173,490 $178,107 +$4,617
Page 4.
2311d �/Q
•
•
ALTERNATE B
Trunk $182,725
Lateral 2,015
Trunk Area Assessment $178,107
Lateral Assessment 2,015
TOTAL $184,740 $180,122 —$ 4,618
PROJECT SCHEDULE
® Present Feasibility Report January 7, 1986
Public Hearing February 4, 1986
Approve Plans S Specifications Spring, 1986
Open Bids/Award Contract Summer, 1986
Construction Completion Fall 1986
Final Assessment Hearing Fall, 1986
First Payment due with Real Estate Taxes May, 1987
E
Page 5.
2 311 d CO
APPENDIX A
PRELIMINARY COST ESTIMATE
PONDS AP -50, AP -49, 6 AP -25 OUTLETS
TRUNK STORM SEWER IMPROVEMENTS
PROJECT NO. 452
ALTERNATE A - POND AP -50 TO AP -49
1,150 Lin.ft. 12" RCP Storm sewer, 0'-10' dp. in pl. @ $23.00/l.f.
260 Lin.ft. 12" RCP Storm sewer, 10'-20' dp. in pl. @ $31.00/l.f.
130 Lin.ft. 12" RCP Storm sewer, 20'-30' dp. in pl. @ $52.00/l.f.
130 Lin.ft. 12" RCP Storm sewer, 30'-35' dp. in pl..@ $64.00/l.f.
6 Each Std. 4' dia. MH w/cstg. @ $950.00/each
15 Lin.ft. MH depth greater than 8' dp. @ $60.00/lin.ft.
2 Each 12" RCP flared end w/trash guard @ $400.00/ea.
8 Cu.yds. Rip rap @ $100.00/cu.yd.
LUMP SUM Clear 6 grub trees @ $1,500.00/lin.ft.
200 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd.
4 Acres Seed w/mulch 6 fertilizer @ $1,000.00/Ac.
1,670 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft.
Total
+5i Contingencies
+30% Legal, Engrng., Admin. & Bond Interest
TOTAL ALTERNATE A ..................................
Page 6.
2311d �/
$26,450
8,060
6,760
8,320
950
800
1,500
2,000
4,000 •
1,670
$62,210
3,110
$65,320
19,600
$84,920
ALTERNATE B - POND AP -50 TO AP -49
210 Lin.ft. 24" RCP Storm sewer, 0'-10' dp. in pl. @ $30.00/l.f. $ 6,300
TOTAL ALTERNATE B ................................... $96,170
0
Page 7.
2 311 d 5-7�-
350
Lin.ft.
12" RCP Storm sewer, 0'-10' dp, in pl. @ $23.00/l.f.
8,050
330
Lin.ft.
12" RCP Storm sewer, 10'-20' dp. in pl. @ $31.00/l.f.
10,230
530
Lin.ft.
12" RCP Storm sewer, 20'-30' dp. in pl. @ $52.00/l.f.
27,560
6
Each
Std. 4' dia. MH w/cstg. @ $950.00/each
5,700
60
Lin.ft.
MH depth greater than 8' dp. @ $60.00/l.f.
3,600
®
2
Each
12" RCP flared end w/trash guard @ $400.00/each
800
8
Cu.yds.
Rip rap @ $100.00/cu.yd.
800
LUMP
SUM
Clear 6 grub trees @ $1,500.00/L.S.
1,500
150
Cu.yds.
Rock stabilization below pipe @ $10.00/cu.yd.
1,500
3
Acres
Seed w/mulch 6 fertilizer @ $1,000.00/Ac.
3,000
1,420
Lin.ft.
Mechanical trench compaction @ $1.00/lin.ft.
1,420
Total
$70,460
+5% Contingencies
3,520
•
$73,980
+30% Legal, Engrng., Admin. 6 Bond Interest
22,190
TOTAL ALTERNATE B ................................... $96,170
0
Page 7.
2 311 d 5-7�-
POND AP -49. AP -25 TO EXISTING 24"
200 Lin.ft. 24" RCP Storm sewer, 0'-10' dp. in pl. @ $30.00/l.f.
440 Lin.ft. 24" RCP Storm sewer, 10'-20' dp. in pl. @ $38.00/l.f.
340 Lin.ft. 12" RCP Storm sewer, 0'-10' dp. in pl. @ $23.00/l.f.
120 Lin.ft. 12" RCP Storm sewer, 10'-20' dp. in pl. @ $31.00/l.f.
60 Lin.ft. 12" RCP Storm sewer, 20'-30' dp. in pl. @ $52.00/1.f.
80 Lin.ft. Jack or auger 12" RCP Storm sewer @ $120.00/l.f.
5 Each Std. 4' dia. MH w/cstg. @ $950.00/each
30 Lin.ft. MH depth greater than 8' dp. @ $60.00/lin.ft.
1 Each 24" RCP flared end w/trash guard @ $900.00/each
2 Each 12" RCP flared end w/trash guard @ $400.00/each
20 Cu.yds. Rip rap @ $100.00/cu.yd.
LUMP SUM Clear & grub trees @ $1,500.00/L.S.
200 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd.
1
3 Acre Seed w/mulch & fertilizer @ $1,000.00/Ac.
1,160 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft.
Total
+5Y Contingencies
+30% Legal, Engrng., Admin. & Bond Interest
TOTAL POND AP -49, AP -25 TO EXISTING 24" RCP ........
Page 8.
2311d 0
$ 6,000
16,720
7,820
3,720
3,120
9,600
4,750 Is
1,800
900
800
2,000
1,500
2,000
3,000
1,160
$64,890
3,240
$68,130
20,440
$88,570
•
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
POND AP -50, AP -49, 6 AP -25 OUTLETS
TRUNK STORM SEWER IMRPOVEMENT
PROJECT NO. 452
A.) TRUNK AREA
Parcel Area Credit Assessable Total
Description (sq.ft.) (sq.ft.) Area Rate/s.f.. Assessment
SW 1/4, SECTION 29
Parcel 012-50 1,382,000 Pond 295,000 869,600
Street 20%
SE 1/4, SECTION 30
Parcel 011-76 898,240 Pond 16,000 705,790
Street 20%
NE 1/4, SECTION 31
$0.075 $ 65,220
$0.050 $ 35,290
Parcel 010-02 859,040 Street 20% 687,230 $0.050 $ 34,362
Parcel 011-03 720,580 Street 20%, 576,460 $0.075 43,235
TOTAL........................................... $178,107
® B.) LATERAL --ALTERNATE B ONLY
Parcel
Description
SE 1/4, SECTION 30
Parcel 011-76
Page �V
2311d
Total
Assessment
$ 2,015
P ND
AP 26
RAHN ELEMENTARY SCHOOL
m
EK. 12"
012-76
RAHN PARK
ALTERNATE A
POND ANTICIPATED—
AP-50 FUTURE STREET
ALIGNMENT
ALTERNATE B
124 011-76
CLIFF ROAD I CO. RD. 32
FUTURE POND EASEMENT
N O R T H
0 400 800
SCALE IN FEET
PONDS AP -50, AP -49, AND
AP -2'5 OUTLETS
TRUNK STORM SEWER IMP,
PROJECT NO. 452
EAGAN, MINNESOTA
V
N
D
Q
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cr
Z
Q
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POND
AP -25
BONESTROO, ROSENE, .ANDERLIK
3 ASSOCIATES, INC.
Consulting Engineers
St. Paul, Minn.
Date: DEC., 1985 FIG. No.
Comm.49364
I
- C. C.
CEDAR
J
COMM
CLIFF
'-
COMM. PK.
ADD.
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ADD.
O
2
U
RAHN ELEMENTARY SCHOOL
m
EK. 12"
012-76
RAHN PARK
ALTERNATE A
POND ANTICIPATED—
AP-50 FUTURE STREET
ALIGNMENT
ALTERNATE B
124 011-76
CLIFF ROAD I CO. RD. 32
FUTURE POND EASEMENT
N O R T H
0 400 800
SCALE IN FEET
PONDS AP -50, AP -49, AND
AP -2'5 OUTLETS
TRUNK STORM SEWER IMP,
PROJECT NO. 452
EAGAN, MINNESOTA
V
N
D
Q
0
cr
Z
Q
T-
x
POND
AP -25
BONESTROO, ROSENE, .ANDERLIK
3 ASSOCIATES, INC.
Consulting Engineers
St. Paul, Minn.
Date: DEC., 1985 FIG. No.
Comm.49364
0
•
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Q W
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CC Q
`.'1: _ . :l'. '�
0 1000 2000
N ORT H
SCALE IN FEET
® STORM SEWER ASSESSMENT AREA 1j
PONDS AP -50, AP -49, AND BONESTROO. ROSENE. ANDERLIK�I
8 ASSOCIATES. INC.
AP -25 OUTLETS Consulting Engineers
TRUNK STORM SEWER IMP. St. Paul Minn. J
PROJECT NO. 452 LDate:DEC., 1985 ��G. NoEAGAN, MINNESOTA 5.6omm. 49364
----- �;
&. P—d, M:.,.w.& 36113
PA.: 612 - 636-4600
January 16, 1986
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Attn: Mr. Tom Colbert
Re: Pond AP -50, AP -49 and AP -25 Outlets
Trunk Storm Sewer Improvements - Project No. 452
Our File NO. 49364
Dear Tom,
GBn G. Boneu., P.E.
RoN11 W. Rn,ene. P.E
Jnsrph C. AMedik. P E.
Brurpnrd A. Lrorbr R. P.E.
Ruhard E. Turner, P.E.
Jenne, C'. Mon. P,E.
Glenn R. Cook, P E.
Keoh A, Gordon, P.E.
Thomas E. Noyes. P.E,
Riehard W. Foner, P.E.
Robed G, S,h.o,,hr. P.E.
MarWa L. Soreoto. P E.
Donald C. Burkardl. P,E.
Jerry A. Bourdon, P,E,
Mark A. Nammn, P,E.
Ted K. Field, P E.
Allrhael T. Rauoua P,E.
Roherl R. Pfff,,le, P.£,
David O. Loskora, P.E.
Charles A. Eriekson
Leo M. Pawelske
Harlan M. Olson
Per your request I have evaluated two alternate alignments for the trunk storm
sewer proposed as part of the above project. Attached is a drawing which
shows the two alternate alignments designated as Alternate C and D. Both Al-
ternate C and D are a continuation of Alternate B presented in the preliminary
report. Alternate C is located within a future street right-of-way which is
contingent on development. Alternate D is located adjacent to the north line
of the unplatted parcel and not in the park. However, as Alternate D contin-
ues north along Rahn Road its location would be such that the existing side-
walk along Rahn Road would not be disturbed. Therefore, the storm sewer
alignment would be included within a portion of the park. Alternate D would
also require a significant amount of tree removal due to the number of trees •
located along its alignment and the depth of sewer (20'-35' deep).
Listed below is a cost comparison of the 4 alternates including Alternate A &
B presented in the preliminary report:
Pond AP -49
Pond AP -50 Pond AP -50 to AP -25
to AP -49 to AP -25 to Ex. 24" Total
Alternate A 84,920 -- 88,570 173,490
Alternate B 96,170 -- 88,570 184,740
Alternate C -- 168,440 88,570 257,010
Alternate D 159,550(1) -- 88,570 248,120
(1) Pipe connects to pipe from Pond AP -49 to AP -25
As noted, Alternate C and D are approximately $70,000 higher than Alternate A
and B. However, if Alternate A or B are not to be considered, then an outlet
for Pond AP -49 may never be required assuming this portion of park is never
developed. Therefore, the line from Pond AP -49 to the 24" line from Pond
Page 1.
2944d 67
City of Eagan
Eagan, MN 55121
Re: File No. 49364
January 16, 1986
AP -25 would not be required. The estimated cost of this line and the over -
depth associated with the 24" RCP is $50,200. Therefore, the total cost of
Alternate C could be reduced by $50,200 while the total cost for Alternate D
could be reduced by $43,400. The cost reduction for Alternate D is less due
to the additional cost associated with crossing Rahn Road. As previously
noted, Alternate D initially proposed to discharge into the line on the west
side of Rahn Road. As a result, if the line from Pond AP -49 is not construc-
ted then Alternate D would have to cross Rahn Road on its own.
In summary, if an outlet for Pond AP -49 is not required, then Alternate C and
D are approximately $25,000 higher than Alternate A and B. It should also be
. noted that the alignment for Alternate C may generate a lateral benefit as-
sessment some time in the future since,jt is anticipated a future storm sewer
from this intersection to Pond AP -25 will be required.
In addition, if it's determined an outlet for Pond AP -49 is never required, it
is still recommended the 24" line from Pond AP -25 to the existing 24" be con-
structed at a proper elevation to provide an outlet for Pond AP -49, if it is
ever desired. The estimated cost for this overdepth is $5,000.
If you have any questions, please contact this office.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
• Mark A. Hanson
MAH:li
cc: Ken Vraa
RWR
Page 2.
2944d ,-?
44 �
Vv
e
�P
CEDAR H
CLIFF
COMM. PK.
Ir -
ADD. 0
U
W
NO
-26
RAHN ELEMENTARY SCHOOL
m
E%. 12"
012-76
RAHN PARK POND
AP -25
�2
ALTERNATE A
1
C.C.POND
COMM. AP -50 '
ADD. , I
24"1
2
Q - 1R I
CLIFF ROAD
AP -4
12
\`Z
ALTERNATE 0
ALTERNATE C
i
ANTICIPATED
FUTURE STREET
ALIGNMENT
-ALTERNATE B
011-76
CO. RD. 32
N'FUTURE POND EASEMENT
�RT
0 400 600
SCALE IN FEET
PONDS AP -50, AP-49...AND
AP -25 OUTLETS.._..
TRUNK STORM.SEWER IMP?
PROJECT NO. 452 ..
EAGAN, MINNESOTA
BONESTROO, ROSENE, .ANDERLIK
& ASSOCIATES, INC.
Consulting' Engineers
St. Paul. Minn.
Date: DEC., 1985 FIG. NO.
Comm.49364
Federal Land Company
Yankee Square Office III • 3460 Washington Drive • Suite 202 • Eagan, Minnesota 55122 • Tel. 612-452-3303
February 28, 1986
Mr. Thomas Colbert, Director of Public Works
City of Eagan
3830 Pilot Knob Road
Eagan, Mn. 55122
HE: Public Works Project #452
Dear Mr. Colbert,
• This is a follow up of our meeting of February 28, 1986 regarding the
improvements proposed in Public Works Project 452. Alternate A as
expressed in my correspondence of February 4, 1986 was unacceptable due
to the large amount of mature trees which would have to be removed. I
also understand that there is opposition from the Park Board due to the
substantial impact a trunk storm sewer installation would have on the
removal of trees in Rahn Park. Alternate B is the logical solution,
but due to the uncertainty of the development of parcel 011-76, the
alignment is premature due to the possibility of a revised development
plan.
Federal Land Company's position is that at this time consideration of
this proposed project through our parcel is premature and should be '
deferred to such time until a development plan is agreed to by the City
and Federal Land Company. I will be available for further discussions
if you feel it -is necessary.
Sincerely,
i
Mark E. Battis
Legal Department, Attorney
MEB/ap
copy to: Mr. Richard Hefti " • '
Agenda Information :demo
March 4, 1986, City Council Meeting
Page Eighteen
TOLLEFSON BUILDERS/CONTRACTOR LICENSE SUSPENSION
A. Tollefson Builders for Review a Consideration of Contractors
License Suspension --At the February A, 1986, City Council
meeting, a public hearing was scheduled to consider the vacation
of a utility easement for Lot 5, Block 2, Brittany 7th Addition.
The prospective resident and builder were both notified of this
public hearing. Following a staff presentation on why the
vacation of a utility easement was required, action was taken by
the City Council to temporarily deny any further building permits
to Tollefson Builders, Inc. and further to consider not renewing
• the builder's license if the findings of staff regarding prior
and existing problems with the builder substantiate this or other
similar action. For a copy of the February 4, 1986, action,
refer to page_(. The City Administrator placed this item on
the March 4 City Council agenda to allow adequate time for: 1)
Proper notification to Tollefson Builders, 2) a preliminary
meeting with Tollefson Builders and 3) an opportunity for City
staff to compile information and data relative to Tollefson
Builders. The Building Inspection Department under the direction
and research of Chief Building Inspector Peterson and the Public
Works/Engineering Division under the direction of Public Works
Director Colbert, were both asked to review their files and
report on various problems they have encountered with Tollefson
Builders during the past two to three years. That information
has been compiled and is presented i two (2) separate memoran-
dums attached on pages 65 through for your review.
• A meeting was held on Monday February 24 with four
representatives of Tollefson Builders. Representing the City
were the Public Works Director, Chief Building Inspector, Dave
Keller of the City Attorney Office and the City Administrator.
Many of the issues outlined in the staff memos were dicussed at
that meeting.
In summary, the problems as identified in Chief Building
Inspector Peterson and Director of Public Works Colbert's
memorandums are due mainly to a lack of follow-up by Tollefson
Builders Inc. Once a final plat and development agreement are
approved, it is the responsibility of the Developer to properly
satisfy all conditions of that agreement. In many instances,
Tollefson Builders have not satisfied conditions according to the
ag;reement executed with the City. There are cases where the
City has sent numerous letters to require compliance with the
development agreement conditions with no response by the
developer. During this process of correspondence and compliance
6/
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Nineteen
by the City, new residents move into a subdivision and begin to
complain to the elected officials and City staff as to why
certain development requirements have not been satisfied. There
have been many efforts made to work with Tollefson Builders
through written correspondence, telephone conversations and
meetings to discuss the problems the City experiences with their
lack of follow-up while a certain housing project is being
developed.. The Building Inspection Department has received
favorable compliance with the uniform building regulation.
However, Tollefson Builders Inc., does not have a valid general
contractors license in 1986. All contractor license renewals on
an annual basis are due during the month of January. 'The City
Administrator was not aware at the February meetings that
Tollefson Builders Inc. had not submitted a $'25 license fee for
the contractor license at the earlier meetings. Further, various
insurance requirements according to ordinance have not been sub-
mitted to date. Subsequently, the license fee, application and
necessary bonds and certificate of insurance were submitted on
February 21,, 1986. According to Chief Building Inspector
Peterson, a grace period is allowed until February 15 for
builders/contractors to renew their contractor license. During
this 45 -day period of time, builders who have a valid contractor
license from the previous year will be allowed to take out
building permits; however, if the contractor license is not
completed and approved by the City Council, no permits will be
issued after February 15. There have been instances where
Tollefson Builders has initiated foundation construction without
a building pe-rmit application and/or issuance of the required
site plan submittals, and has allowed occupancy to occur without
the required final building inspections. The City has received
notification by MPCA regarding dump sites at both Briar Hill and
Brittany Additions where building debris was either stockpiled or
buried. Within the Engineering Division as stated in the
attached memorandum, there has been a lack of response for
compliance with easements, street clean-up, restoration, lack of
permit applications for utility extensions which is required by
the Minnesota Polution Control Agency, erosion problems, grading
without permits, etc., which are addressed in the attached memo.
There are several courses of action the City Council may wish to
consider, all of which will be reviewed by the City Attorney's
office. The following is a list of those alternative actions:
Agenda Information Memo
March 4, 1986„ City Council Meeting
Page Twenty
1. Allow no further platting or development to occur by
Tollefson Builders until all outstanding issues have
been satisfactorily resolved for previous subdivisions
as identified by staff.
Z. Continue suspension of building permits to Tollefson
Builders until the contractor license is properly
processed by the City.
3. Consider not renewing the contractor license based on
reasons set forth by the City staff and City Council.
4. Require Tollefson Builders to enter into a stipulation
agreement with the City identifying issues to be
resolved with related compliance schedules, and.
appropriate consequence for future noncompliance.
5. Take no action.
6. Consider a combination or revision to the above
recommendations.
ACTION TO BE CONSIDERED ON THIS ITEM: To consider action
regarding the temporary denial of building permits that was
enacted at the February 4, 1986, City, Council meeting by adopting
one of the suggested courses of action with or without
modification.
Special Note: Enclosed on page6 is a copy of the notice that
was sent by the City Administrat r to Tollefson Builder dated
February 11. Also enclosed on paaes�0 through �� —a . re
memorandums prepared by the City Attorney's office addressing
• the contractor's license issue for Tollefson Builders.
G3
City Council Minutes
February 4, 1986
right turn lanes for the inter ectlon wit a ng[on Avenue. It was inaicatea
that the project anticipat closing Ya Doodle Road from May 15 to
November 15, 1986'It anticipate that a temporary access would be
provided by new construction of treets s th of Yankee Doodle in that area.
Egan moved, Ellison seconaea the . on o close the public hearing and
approve the installation of Pro 7P46 ankee Doodle Road — streets) dna to
authorize the preparation of a Cost Participation Agreement with Dakota
County. All voted in favor.
POND STORM SEWER OUT T —PROJECT #452
Mayor Blomquist then convened t e publ c hearing for Project 0452, Beryl
Pond, (storm sewer outlet). It wa oted t the petitioner has requested a
continuance of the hearing cue to i act o vegetation. Wachter moved,
Ellison seconaea the motion o con u th matter to March 2, 1986. Ail
• voted yes.
EASEMENT _VACATION "'BRITTANY 7TH ADDITIONe.p
The public hearing for vacation of a three foot area of side lot line
drainage and utility ease%cir
o the encroachment of recent construction
of a single family swellingn co ea by Mayor Bea Blomquist. Public
Works Director described ths es ncluaing an approximately 28 foot
deep sanitary sewer line which m y hay a insufficiently compacted in the
area encroached upon by two hom a th negotiations that had occurred
between the builder and the er of a home and the potential owner of the
second home where the v ca ' was being requested. The home owner and
potential home owner were present to discuss their concerns. Councilmembers
expressed their great concern in regard to the number of problems that had
occurred with Tollefson Builders, Inc. and the harm that it may represent to
residents of-6'agan. Staff was directed to inventory the problems that had
occurred and the negligence h. Wachter moved, Egan seconded
the motion to deny any fur err building pe its to Tollefson Builders, Inc.
and to consider revocation or tne ui s license if the findings of staff
regarding prior and existing probl s wit the builder substantiated the
suspension of the builder's license. 11 vt a in favor.
Egan moved, Wachter seconaea t e mo i n to close the public hearing
regarding the vacation of easement and to deny said vacation. All voted in
favor.
VACATION OF EASEMENT — WILDER[flS RUN 5TH ADDITION
The public hearing fority easement (Wilderness Run 5th
Addition) was convened by ayor Blomquist. It was inaicatea that a need for
vacation resulted from a rep atting or s which included new utility
easements without having ever formally qacted the old utility easements.
Smith moved, Ellison seconded the mot n to close the public hearing and
approve the vacation of common lot line drainage and utility easements over
Portions of Lots 6 and 7 of Wilderness Run 5th Addition. All voted yes.
V
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: CHIEF BUILDING INSPECTOR PETERSON
DATE: FEBRUARY 25, 1986
SUBJECT: FINDINGS REGARDING TOLLEFSON BUILDERS INC. AS
RELATED TO THE ISSUANCE OF BUILDING PERMITS
The Protective Inspections Department administrates the
contractor licenses according to the City Code. Each year a
grace period is allowed during the month of January and until
February 15 for those builders who have a contractor's license
and do business within the City of Eagan. If a renewal is not
received by February 15, no permits are issued to a builder
without a contractor license. Tollefson Builders Inc., did not
submit the fee, bonds and insurance certificates for the general
contractor license, in accordance with Section 6.42 of the Eagan
City Code, until February 21.
On several occasions during the past years, the City has
discovered the construction of foundations befor.e a building
permit application or required site plan have been submitted to
the City by Tollefson Builders. Also occupancy has occurred on
several occasions without a final occupancy inspection by this
department. This department believes that there are one or two
dwelling units within the Briar Hill development that may be
occupied but have never received the required final inspections.
Those records are being researched and compliance will be
required if records indicate the absence of a final inspection.
The City and Tollefson Builders were placed on notice by the
Minnesota Polution Control Agency that building material was
buried in the Briar Hill development which is not allowed
according to State regulations. The City has also received
complaints drat a dump site was occurring in both the Brittany
4th and 8th Additions; however, there is no sign that building
materials were buried. These complaints have been investigated
by this department.
Tollefson Builders were in violation of the model home ordinance
and have since complied. This model home was used as a sales
office and construction office.
I have not related specific incidences in this memorandum due to
the fact most violations are handled by a red tag and once they
are resolved, the building permit is finalized. The issuance of
red tags are quite customary by our inspection department and,
therefore, any record of a specific incident may be difficult to
locate.
If you need any further information on this matter, feel free to
contact me at any time.
Q�-x�
Chief Building Inspect r p5 DSP/kf
is
MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR
FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS
DATE: FEBRUARY 28, 1986
SUBJECT: TOLLEFSON BUILDERS, INC.
SUBDIVISION DEVELOPMENT REVIEW & EVALUATION
In response to the Council's directive of February 4th, the
Public Works Department has performed a research of past
subdivisions developed by Tollefson Builders, Inc., and have
summarized the various problems that have been experienced into
several general categories. These general problem areas that are
common to Tollefson Builders, Incorporated, developments are
listed as follows:
• A. Subdivision grading/excavation/drainage
1. Initiated grading and excavation activities without
application or receipt of required permits.
2. Nonconformance with City approved plans and specifi-
cations.
3. Nonconformance to subdivision development agreement
deadlines.
4. Delays in corrective action and/or damage claim
payment regarding drainage problems.
B. Erosion Control/Wetland Protection
1. Inadequate, incomplete and/or nonexistent erosion
control measures.
2. I-nadequate and/or nonexistent maintenance of
® temporary erosion control measures.
3. Noncompliance or significant delays in required
clean-up of resulting problems.
4. Inadequate, incomplete, noncompliance and/or
excessive delays in permanent restoration
requirements.
C. Public Improvements (Streets, Utilities & Services)
1. Initiated construction without all required
regulatory agency permits..
2. Initiated construction without proper notification
to City for required inspection services.
3. Noncompliance with City approved plans,
specifications, and/or standards.
4. Noncompliance with subdivision development agreement
completion deadlines.
5. Inadequate, incomplete and/or noncompliance with
final adjustments and/or modifications to existing
public utilities required by final building
construction and/or site grading.
6. Untimely and inaccurate preparation of record plan
drawings (asbuilts). /_/_
D. Land Subdivisions, Platting, Building
1. Inaccurate surveys and/or site plans submitted for
permit and/or development applications.
2. Encroachment into dedicated and recorded public
utility and/or ponding easements.
3. Delays in petitioning for required easement
vacations.
4. Noncompliance and/or delays in providing required
easement dedications.
5. Noncompliance and/or delays in the installation of
site development amenities (i.e., trails, tot lots,
street lights, landscaping/screening, etc.)
E. Development Agreement/Financial Guarantees
1. Delays and/or noncompliance with subdivision
development agreement conditions.,
2. Expiration and/or nonrenewal of required financial
guarantees.
3. Nonpayment and/or delays in reimbursing the City for
costs incurred.
F. Health/Safety
1. Improper and/or unauthorized storage, burial and/or
disposal of construction related debris.
Tollefson Builders, Inc., has performed both as a builder in
existing subdivisions (Pilot Knob Heights, Ches Mar, etc.) and a
developer (Briar Hill and Brittany 'Additions). While the
majority of the items listed above pertain to development related
activities, several of the above -listed items have also been
experienced during the construction of individual dwellings.
As these problems have been identified, the City has contacted
Tollefson Builders, Inc., via both the telephone and written
correspondence informing them of the specific problem and
requesting corrective action. Due to the fact that individual
building construction and subdivision development has been
occuring since approximately 1978, many issues and problems which
have previously been identified have been satisfactorily resolved
as of this date. However, several of those issues have resulted
in excessive requests, registered correspondence, a temporary
hold on building permit issuances and collection of financial
guarantees to insure compliance. Several of these issues have
taken 2+ years to resolve. Several issues still have not been
satisfactorily complied with as of this date.
Due to problems that have occured in the past with the private
installation of public streets and utilities by Tollefson
Builders, Inc., the Public Works Department will no longer allow
those public improvements to be installed privately. We will
require all future public improvements to be installed through a
City contract to insure proper compliance with all requirements.
�7
•
While several of these problems are not unique to Tollefson
Builders, Inc., as a builder or a developer, the major problem
has been getting satisfactory corrective action to be initiated
within the reasonable time frame required by the City and
expected of by the affected property owners.
In trying to resolve these problems, it would be the Public Works
Department recommendation that a stipulation agreement be entered
into between the City and Tollefson Builders Incorporated whereby
they would identify what internal orginizational procedures will
be implemented to assure compliance with City requirements,
minimize problems associated with construction and the prompt
resolution to problems when identified. It is also recommended
that significant consequences be deliniated, agreed to and
implemented for any future violations or deviations from the
stipulations of that agreement.
® The Public Works Department is presently preparing a
comprehensive specific "Punch List" of items unresolved as of
this,date, which will be presented to Tollefson Builders
Incorporated, requesting action by a specified date.
I firmly believe that through the concerted cooperative effort by
Tollefson Builders Incorporated with the City of Eagan, that the
majority of the previously identified problems can be resolved
and or greatly minimized in the future. I will be ready, willing
and able to provide whatever assistance is necessary to achieve
this end result, as it is recognized that it will be to the
benefit of the City as a whole and individual property owners in
particular. Please let me know if any additional detailed
information is required to further identify the problems and/or
proposed solutions regarding this issue.
Public Works Director
TAC/kf/jh
®F eco
3830 PILOT KNOB ROAD. P.O. BOX 21199
BEA BLOMQUAST
EAGAN. MINNESOTA 55121
Mw
PHONE: (612) 454-8100
THOMAS EGAN
JAMES A SMITH
VAC ELLISON
February 11, 1986
THECooDOR�em�rsrER
..
THOMAS HEDGES
City Atl ,mww r
EUGENE VAN OVERBEKE
CiN CI¢@
CARL TOLLEFSON
TOLLEFSON BUILDERS INC
12617 FAIRGREEN AVE
APPLE VALLEY MN 55124
Re: Building Permits
Dear Mr. Tollefson:
You are hereby advised that the Eagan City Council, on February 4,
1986, did vote to suspend the issuance of further building permits
to Tollefson Builders, Inc., based upon the problem that has
arisen in regard to the developer -installed sanitary sewer line in
Brittany 7th Addition, and a history of other types of construction
problems.
Further, the Council moved to consider revocation of Tollefson
Builders, Inc. is contractor license if an inventory of the problems
that have arisen in the past substantiates such a decision. This
item is scheduled for Tuesday, March 4, 1986, as a part of the
regular City Council agenda.
It is assumed that you
again considered and t
regard to the problems
thereof.
Sincerely,
��
Thomas L. Hedges
City Administrator
TLH/kf
would want to appear when this matter is
o provide information to the Council in
that have occurred and the resolution
THE LONE OAK TREE ... THE SYMC OF STRENGTH AND GROWTH IN OUR COMMUNITY
i
PAUL H. HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN
MICHAEL J. MAYER
HAUGE, FIDE & HELLER, P. A.
ATTORNEYS AT LAW
CEDARVALE PROFESSIONAL BUILDINGS
9908 SIBLEY MEMORIAL HIGHWAY
EAGAN. MINNESOTA 55122
February 17, 1986
Mr. Thomas Hedges
® City Administrator
3830 Pilot Knob Road
Eagan, Minnesota 55122
Re: Tollefson Builders, Inc. Contractor's License
Dear Mr. Hedges:
AREA`CODE 512
TELEPHONE 454-4224
In regard to the Council's actions relative to Tollefson Builders, Inc.
adopted on February 4, 1986 we have been asked to research the issues
surrounding the suspension of building permits and possible revocation of the
contractor's license of Tollefson Builders, Inc.
1. There appear to be two issues in regard to suspending or refusing building
permits. First, there is the question of whether it is not the equivalent
to revocation of license, therefore requiring a fair hearing process. The
second question is whether refusing building permits is the proper action
® in this particular situation. In our opinion, it could be argued that the
criteria for the issuance of a building permit is compliance with the
Uniform Building Code, Section 4.01 of the City Code and the Subdivision
Ordinance along with the Zoning Ordinance. Thus, the past actions of a
developer and/or builder may not be one of the criteria which are normally
addressed by the Building Inspection Department.
2. Revocation of the license of a building contractor appears to be the
appropriate remedy for the history of serious problems. However, it is
our opinion that common law requires that the contractor benefit from due
process with a notice of hearing before the governing body. Further,
Eagan Code Section 6.03, Subd. 5 provides that before a license may be
revoked the Council shall give notice to the licensee and grant such
licensee the opportunity to be heard. Notice shall be given and the exact
time of hearing shall be stated in the Resolution calling for such a
hearing.
It is our recommendation that the City Council reconsider the denial of
building permits at the next Council meeting at which time this office will
�D
4�
Mr. Thomas Hedges
February 17, 1986
Page Two
provide a list of reasons for or against the denial of building permits. In
addition, the builder should be given notice of the Council hearing and
advised to make its presentation in regard to the question of both building
permits and the possible revocation of its contractor's license.
DGK:cjb
;1/
Sincerely yours,
HAUGE, EIDE & KELLER, P.A.
David G. Keller
•
•
E
HAIIGE, FIDE & AFLLFR, P. A.
ATTORNEYS AT LAW
CEDARVALE PROFESSIONAL BUILDINGS
3908 SIBLEY MEMORIAL HIGHWAY
EAGAN, MINNESOTA 05122
PAUL H. HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. SELLIN
MICHAEL J. MAYER
February 27, 1986
Mr. Thomas Hedges
City Administrator
3830 Pilot Knob Road
Eagan, Minnesota 55122
Re: Tollefson Builders, Inc.
Contractor's License/Construction Issues
Dear Mr. Hedges:
AREA CODE 612
TELEPHONE 454-4224
There were several issues raised at the meeting February 24 at the City Hall
involving Carl Tollefson and two of his staff, Dale Peterson, Tom Colbert, you
and me. Hopefully, this letter will address most of those issues and provide
additional information for the upcoming Council meeting on March 4, 1986.
1. Chapter 6 of the City Code does require that a contractor be given notice
of a public hearing at which the revocation of his license is to be
considered. This has been done and the additional question of whether a
valid license now exists has been raised. In our opinion the non -renewal
may not be=an issue. First, because contractors are not noticed until
January of the need to renew their January 1 licenses with the result that
many have only recently provided the necessary information. Second, at
the meeting it was suggested that Tollefson Builders did have all of their
required materials in to the City. Third, Chapter 6 does not have a
specific provision for non -renewal and we would therefore recommend that
the same procedure as revocation be used to insure due process and the
opportunity to be heard.
2. The Council directed staff to provide an inventory of existing and past
problems with Tollefson Builders. Obviously, such information becomes
public knowledge if provided to the Council for the public hearing
required under the ordinance. Therefore, it would seem appropriate that
the City cooperate as much as possible with Tollefson Builders to avoid
the unnecessary publicity of an open meeting confrontation. However, as
long as the information is accurate and truthful, we see no liability on
the part of the City unless Tollefson Builders, Inc. were able to show
discrimination in the treatment of builders.
7
Mr. Thomas Hedges
February 27, 1986
Page Two
3. How then should the issues be processed to ensure an adequate hearing and
avoid unnecessarily damaging remarks? We would recommend that Tollefson
Builders, be given the opportunity to respond to the written inventories
in writing and the actual decision continued to a future Council meeting.
At that time the inventory and builder's response are available and each
of the council members has had an opportunity to review both with perhaps
a limited discussion with the builder.
4. What are the remedies available to the City? The Council should consider
whether the problems that have been described relate to Tollefson Builders
as a developer or as a builder which would affect the types of remedies
available.
a. Suspension of building permits would appear to be a remedy against the
specific builder and should relate to the specific issues considered
by the Building Inspections Department when issuing a building permit.
Thus the Council should consider whether the inventory describes a
sufficient number of building construction problems justifying the
suspension of permits as opposed to developer type problems.
b. The Council may decide to revoke or not renew the builder's license.
It appears that to meet the constitutional requirements of due process
in acting upon a license revocation, the following are required:
(1) A notice of the time and place of hearing with a reasonably
definite statement of the charges alleged, the facts upon which
the --charges are based, and the right to be present and represented •
by counsel. We understand this has been done in writing or in
person.
(2) A hearing before the Council.
(3) The right to cross-examine the witnesses against the applicant or
licensee.
(4) The right to produce witnesses.
(5) Full consideration and fair determination according to the
evidence by the Council.
(6) A record or transcript of the hearing.
c. Not allow the developer to construct utilities by private contract.
This is a specific remedy addressing a specific problem and may be
appropriate if this is indeed the problem. It would be well to
document the problems and showthatthey could have been remedied with
the proper supervision.
73
0
•
Mr. Thomas Hedges
February 27, 1986
Page Three
d. Deny the approval of any further final plats. This might be
conditioned upon remedying the problems described or be permanent in
nature. We have not located case law on this specific issue where the
plat was not denied because of some objection about the specific plat.
e. Refuse to issue building permits in any of the developer's
subdivisions. This remedy may have been used in another situation.
It appears applicable to developer type problems and should perhaps
provide for a method for reinstatement upon complying with certain
action by the developer.
f. The staff may, at the time of the next Council meeting have proposed
specific penalties or remedies for specific types of problems which
have previously occurred.
DGK:cjb
Sincerely yours,
HAUGE, EIDE 6 KELLER, P.A.
OL,c -h
David G. Keller
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Twenty -One
CONDITIONAL USE PERMIT/HONG WONG RESTAURANT ON -SALE LIQUOR
B. Conditional Use Permit Reconsideration, Hong Wong Restaurant
to Allow On -Sale Liquor License --At the February 4, 1986, City
Council meeting to reschedule the on -sale liquor license application
submitted by Hong Wong Restaurant to allow the public an opportunity
to be heard on this item. At the last City Council meeting that
was held on February 18„ 1986,.action was taken to amend the on -sale
liquor license policy to allow for the issuance of two (2) licenses
for establishments such as Hong Wong Restaurant that is located
in a commercial shopping center. The amendment to the on -sale
liquor license policy will allow the building valuation requirement
of $200,000 to be waived for this type of business. For a copy
of correspondence that was sent to the applicant and the notifica-
tion sent to those property owners within 350 feet refer, to pages
A through _77_.
For a copy of the City Planning Department report, refer to pages
through fo. Also attached to the report is a copy
of the Planning Commission action that was taken on December 19,,
19$'5.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
conditional use permit that would allow an on -sale liquor license
for Hong Wong Restaurant.
7�
NSC city of eagan
3830 PILOT KNOB ROAD. P.O. BOX 21199
BEA BLOMQUIST
EAGAN, MINNESOTA 55121
MWor
PHONE: (612) 454-8100
THOMAS EGAN
JAMES A. SMITH
February 12, 1986
VC
THEODORELWAOCHTER
Council Mambers
THOMAS HEDGES
City minisrrwor
LINDA WONG
EUGENE VAN OVERBEKE
City Clerk
842 SUDBERRY LANE
EAGAN MN 55123
Re: Application for On -Sale Liquor License at Hong Wong Restaurant
® Dear Ms. Wong:
In official action that was taken by the Eagan City Council at a
regular meeting held on February 4, 1986, a public hearing was set
for the March 4, 1986, City Council meeting to further consider
your application for a conditional use permit to allow an on -sale
liquor license at Hong Wong Restaurant located in the Cedar Cliff
Shopping Center. It is the desire of the City Council to allow
the neighborhood adjacent to Cedar .Cliff Shopping Center an oppor-
tunity to express their support or objection to the proposed
on -sale liquor license.
There was also action taken by the City Council to review the
on -sale liquor license regulations at the February 18 City Council
meeting. Presently, on -sale liquor licenses cannot be issued for
establishments with a building valuation less than $200,000. This
® type of regulation for the most part restricts the issuance of
on -sale liquor license for restaurants located in shopping centers.
It. is the intention of the City Council to review this regulation
and other regulations, such as the designation regarding the
number of on -sale liquor licenses to be issued in the community,
at the next City Council meeting.
I enjoyed the opportunity to meet with you last Thursday, February
6, and hopefully my explanation was helpful for a better under-
standing of the history and procedural concerns that are related
to further consideration of your on -sale liquor license.
If you have any questions, please feel free to contact this office
at any time.
Sincerely,
Thomas L. Hedges D
City Administrator /
TLH/kf ,(p
. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
MV ®F eagan
3830 PILOT KNOB ROAD. P.O. BOX 21199
BEA BLOMOUIST
EAGAN, MINNESOTA 55121
Mwor
PHONE: (612) 454-8100
1HOMASELAN_
.
JAMES A SMITH
MC ELLISON
THEODORE WACHTER
Coundl Members
THOMAS HEDGES
February 12, 1986
ORy Ab ,m1rolo,
EUGENE VAN OVERBEKE
Cary Clerk
Re: Conditional Use Permit and On -Sale
Liquor License Request for
Hong Wong Restaurant
Dear Adjacent Property Owner:
At the March 4, 1986, City Council meeting, the conditional use
permit and on -sale liquor license for Hong Wong Restaurant are
scheduled for further. consideration. If you have any questions or
a position you would like to state regarding the proposed on -sale
liquor license for Yong Wong Restaurant, this public hearing was
scheduled for that opportunity.
If you have any questions regarding the status of the conditional
use permit or on -sale liquor license application, please feel free
to contact this office at any time. The purpose for delaying
further consideration of the on -sale liquor license is to allow
additional procedural review and input by the adjacent property
owners.
Sincerely,
Thomas L. Hedges
City Administrator
TLH/kf
77
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
CITY OF EAGAN
SUBJECT: CONDITIONAL USE - HONG WONG RESTAURANT
APPLICANT: LINDA WONG
LOCATION: LOT 1, BLOCK 2 CEDAR CLIFF COMMERCIAL PARK
EXISTING ZONING: P.D.
DATE OF PUBLIC HEARING: DECEMBER 19, 1985
DATE OF REPORT: DECEMBER 11, 1985 /
REPORTED BY: JIM STURM
• APPLICATION: An application has been submitted requesting a
Conditional Use Permit for 'on sale' liquor sale at the the Hong
Wong restaurant in the Cedar'Cliff Shopping Center.
COMMENTS: The Hong Wong restaurant that opened this fall already
has a beer and wine license. Recently, there had been City Council
discussion as to whether the Development Agreement for the Cedar
Cliff Shopping Center prohibited the issuance of liquor licenses.
It was determined that no restrictions were in effect. The
applicant is in the process of obtaining the required permit
from the City Police Department.
If approved, this Conditional Use Permit shall be subject to
the following conditions:
1)
•
The
necessary permits
be approved
by the City Police Department.
2)
All
other applicable
ordinances be
adhered to.
A JL�2
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60
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SITE PLAN LFL!l
•
•
APC Minutes
December 19, 1985
3. If this development cannot obtain the necessary slope easements from
the westerly adjacent property, then this development will be responsible for
constructing the necessary retaining walls to conform to the grading plans.
4. Project #455 shall be authorized by Council prior to final plat
approval.
5. This development shall dedicate a 50 foot half right-of-way for
Deerwood Drive.
6. This development shall dedicate a 20 foot utility easement over the
watermain and hydrant lead constructed within this site.
7. This development shall enter into a Waiver of Hearing to include
upgrading of assessments from the single family/agriculture rate to
commercial/inaustrial rate to be included with Project #455.
8. This development shall be responsible for a trailway along Deerwood
Drive, the cost of which shall be included with the Waiver for Project #455.
9. This development shall be responsible for lateral benefit from trunk
sanitary and trunk storm sewer at the rates in effect at the time of the
public hearing for Project #455.
10. This development shall be responsible for all costs associated with
watermain, sanitary sewer service, storm sewer, street and parking lot
construction within the site.
11. The applicant shall provide a satisfactory landscape plan.
12. That parking will be allowed only on one side of the access road.
13. That visitor parking stalls shall be 10 by 20 feet in size.
All voted yea.
HONG WONG RESTAURANT -
USE PERMIT/LIQUOR
Chairman Hall called the public hearing for the conditional use permit
application of Linda Wong for an on -sale liquor license at Hong Wong
Restaurant in the Cedar Cliff Shopping Center. There were no members of the
public present to object. However, it was noted that Commissioner McCrea had
been contacted and requested that there be assurances that the on -sale license
would allow for sale and consumption only in conjunction with the consumption
of food. McCrea moved, Wilkins seconded the motion to recommend approval of
the request for a conditional use permit for on -sale liquor, subject to the
following conditions:
1. The necessary permits be approved by the City Police Department.
2. All other applicable ordinances be adhered to.
•
•
Agenda Information
March 4, 1986, City
Page Twenty -Two
Memo
Council Meeting
ON -SALE LIQUOR LICENSE FOR HONG WONG RESTAURANT
C. On -Sale Liquor License for Hong Wong, Restaurant --The background
information was covered in item B, Old Business.
A copy of the on -sale liquor license application was distributed
as a part of the February 4 City Council packet without page number.
If any member of the City Council has misplaced that application
document, please contact this office and a new copy will be
provided.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
on -,sale liquor license for Hong Wong Restaurant as: presented.,
IONAL
SIGN
D. Preliminary Plat Consisting of Approximately 2.1 Acres and
Containing One Strip Commercial Facility with 18,620 sq. ft. Strip
Retail Center and a Conditional Use Permit for a Drive -In Restaurant
Facility and a Pylon Sign --A public hearing was held by the Advisory
Planning Commission at their January 28, 1,986 meeting to consider
an application sent in by K Charles Corporation for a retail strip
center, conditional use permit for a drive- through restaurant
facility and a pylon sign. The APC is recommending approval of
these permits. At the City Council meeting held on February 4,
1986, concern was expressed by the Council that an overall develop-
ment plan should be prepared for that parcel of propertylocated
between Krestridge Lane and Duckwood Drive, referred to as the
hump. Since there are several property owners which could generate
numerous development plans there was concern that the overall
land area be analyzed to properly consider the overall land use
and transportation planning. For a copy of a Planning Department
memo and drawings indicating the land -use and transportation
movement for the "hump", refer to pages through g'3
For a'copy �of the original Planning and Engineering report, refer o -
to pages through .21 which also includes the APC action
of January 28, 1986.
ACTION TO BE CONSIDERED ON THIS ITEM: Approve or deny 1) Prelimi -
nary Plat,2;),Conditional Use Permit,3) Pylon Sign.
Fol
MEMO TO: THOMAS L HEDGES, CITY ADMINSTRATOR
FROM: DALE C RUNKLE, CITY PLANNER
DATE: FEBRUARY 27, 1986
SUBJECT: UPDATE ON K. CHARLES DEVELOPMENT PROPOSAL
The direction of the City Council at the February 18, 1986, City
Council meeting was to review the surrounding land and determine
what property has developed and how the undeveloped property would
develop in the future. As you can see by the attached exhibit,
Hardee's Restaurant and the location of the proposed K. Charles
development is located at the corner of Krestwood Lane and Duckwood
Drive. The property owners to the east have proposed a 48,000 sq.
• ft. strip center potential and 1 outlot of approximately 1 acre.
As to how the affected land east of K. Charles could develop,
staff would like to stress this is only a proposal and that a
number of alternatives could still occur on the property to the
east. At the present time, the applicants are also showing an
outlot directly south of K. Charles, which again, had been men-
tioned as a proposed location for a second bank facility on the
Krestwood Lane area.
Staff has also contacted the owners of the property north of
Duckwood Drive in the Town Center 70 parcel (Federal Land Company).
It was indicated that they do not have any specific plans at this
time and no site plans have been submitted for this parcel.
Hopefully, this is the information that the City Council wanted as
to how this overall development would occur in the Duckwood Drive
corridor. If anyone would like additional information, please
feel free to contact me at the City Hall so that this information
can be provided at the March 4, 1986, City Council meeting.
�-
City Planner J�
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CROSSROADS OF EAGAN
CONCEPT PLAN 11 rt-�
PILOT KNOB
ASSOCIATES
IN
CITY OF EAGAN
SUBJECT: PRELIMINARY PLAT & CONDITIONAL USE PERMIT
APPLICANT: K. CHARLES DEVELOPMENT CORP
LOCATION: NW4, SECTION 15
EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER)
DATE OF PUBLIC HEARING: JANUARY 28, 1986
DATE OF REPORT: JANUARY 16, 1986
• REPORTED BY: PLANNING & ENGINEERING
APPLICATION SUBMITTED: Two separate applications :.ave been submit-
ted by the K. Charles Development Coi:porat-'.on. The first being
a preliminary plat for a 17,620 sq. ft. re';.ail strip center along
the southern side of Duckwood Dr and east of Krestwood La. The
other is a conditional use for a pylon sign and drive-thru for
a restaurant on the eastern portion of the building.
ZONING & LAND USE: This site is surrounded by CSC (community
shopping center) zoning on the north and east. To the west is
the proposed Hardee's Restaurant. It will be important that
the access points to Hardees and the subject site meet across
from each other. The area to the south is designated limited
• business, just east of the First Bank Eagan. The land is flat
with little or no vegetation at this time.
SITE PLANNING & CODE COMPLIANCE: This plat will consist of the
retail area ± 2.1 acres and an outlot of nearly 1 acre to the
south. Two entry/exit points are provided, .one along Krestwood
La and the other on Duckwood Dr. Both are large enough for east
vehicular movement and.have good site lines. Most of the parking
will be on the northern one-half of the site. A one way loop
road along the southern portion of the site will provide parking
for 29 cars and stacking for the fast food menu board and pick
up area. City Code requires one parking stall per 150 sq. ft.
in retail areas.- This 12,620 sq. ft. center will require 84
stalls. The fast, food restaurant, a food fair type that will
include the Golden Skillet and a Dairy Queen, will not have a
separate parking area but use available stalls from the 109 that
are provided. The parking stalls are shown to be 10' wide and
both building and parking setbacks meet Code requirements.
Staff has recommended. that an easement between the retail aree
and the out -lot be created_ to allow movement between the parcel:
without going on Krestwood first. Also, that only one acces.,
be allowed onto Krestwood from the o tlot.
K CHARLES DEVELOPMENT
PRELIMINARY PLAT 8 COND USE PERMIT
JANUARY 28, 1986
PAGE 2
The interior lighted pylon sign will
Dr entrance and must be placed 10'
the widest portion of the signage
be approx. 90 sq. ft per.side and the
1,
be located west of the Duckwood'"'`
within the property line from
area. This sign area will
height will be 20'.
COMMENTS: The building's exterior will be brown iron spotted
brick over concrete block with a concrete walkway in front. _
Store front accents will be achieved through the use of anodized
aluminum - the color has yet to be determined. A rock faced
coping will continue around the entire building above the sign
band area. The signage will typically be ± 24". The back side
of the building will be 8" single score painted concrete block. ,
The gabled entry to the Food Fare area will be sky lighted
and serve as a major focal point. A tot lot will be provided
adjacent to the northern portion of the restaurant and will require •
some form of safety barrier from the parking/road areas. A separate
trash area has not been shown, therefore, it is assumed that
all debris will be contained within the building.
GRADING/DRAINAGE: Because this site is rather flat, the grading
the applicant is proposing is certainly feasible. The final
grading plan the applicant submits for final plat approval shall
contain adequate erosion control methods in accordance with the
City's Erosion Control Manual.
This site lies within major drainage district D as shown in Figure
1. All downstream trunk storm sewer facilities within this district
are in place. No trunk storm sewer facilities are necessary
as a result of this development.
However, -this development will- be responsible for extending
the existing _storm .sewer outlet from Krestwood La to their east •
property line.
UTILITIES: Sanitary sewer and watermain of sufficient size,
capacity and depth exist within Krestwood La and Duckwood Dr.
This development will not require any utilities extensions.
STREETS-: buckwood Dr borders this proposed development on .the
north and Krestwood La borders on the west. Both streets are
City streets. Duckwood Dr is classified as a community collector
street and was constructed to City standards in 1985 under project
429. Krestwood La is classified as a local street also .built
to City standards..
The northerly access to this development from Duckwood Dr lines
up with Town Centre Dr 70 to form a four-way intersection. The
westerly access from Krestwood La is far enough away from the
Duckwood Dr intersection to provide safe ingress and egress.
However, staff recommends the Commission stay flexible and requirQ`.,:�
this development to work_ with the proposed Hardee's, across theme%
street, to. line up their respective entrances onto Krestwood
La. Finally, staff recomme dst that the Commission allow only
e
K CHARLES DEVELOPMENT
PRELIMINARY PLAT & COND USE PERMIT
JANUARY 28, 1986
z PAGE 3
one access to the proposed outlot because it wil not be wide
enough to support two accesses. Staff recommends this development
provide for a cross easement so that both the proposed outlot
and this development can share the westerly access.
RIGHT-OF-WAY/EASEMENTS: This development shall dedicate a 40
foot half right-of-way for Duckwood Dr and a 30 foot half right -of- ._
way for Krestwood La.
This development shall also dedicate a 30 foot utility easement
for the storm sewer extension.
ASSESSMENTS: This development will be responsible for trunk
area storm sewer assessments at the rates in effect at the time
of final platting.
• CONDITIONS:
1) This development shall be responsible for extending the existing
storm sewer from Krestwood La to its east line.
2) This development shall be responsible for working with the
development across the street to line up their respective
accesses onto Krstwood La.
3) Only one access shall be allowed onto Krestwood La for the
outlot.
4) Cross easements shall be provided by the applicant so that
both the developed lot and future outlot can share one access
onto Krestwood La.
• 5) This development shall dedicate 40' & 30" half right-of-ways
for Duckwood Dr & Krestwood Ln respectively.
6) This development shall be responsible for trunk storm sewer
area assessments at the rates in effect at the time of final
platting.
7) The- pylon sign be located 10' within the property line .and
subject to the one time sign ordinance fee of $2.50/sq, ft.
8) A detailed landscape plan on the proposed grading plan be
submitted demonstrating suitable screening and berming of
the parking areas.
9) An easement be created between lot 1 and the outlot to provide
road access between the two parcels at, the time the outlot
is developed.
10) Only one access be .allowed from Krestwood Ln into the outlot.
Kelse EP#AN CONVENIENCE CENTER
Varney
r. �e�nrTeMa �er_enI nnininiFcnTA
•
•
Agenda Information
February 18, 1986,
Pace Twenty -Nine
:;e ;.o
City Council Meeting
PRELIMINARY PLAT, CONDITIONAL USE PERMIT AND PYLON SIGN
K CHARLES DEVELOPMENT CORPORATION
D. Preliminary Plat Consisting of Approximately 2.1 Acres and
Containing 1 Strip Commercial Facility With 18,620 Square Foot
Strip Retail Center, Conditional Use Permit and a Pylon Sign --
A public hearing was held by the Advisory Planning Commission
at their January 28, 1986 meeting to consider applications submitted
by K Charles Corporation for a retail strip center, conditional
use permit for a drive-through restaurant facility and a pylon
sign. The Advisory Planning Commission is recommending approval
of the preliminary plat and conditional use permits. For additional
information on this item refer to the Planning and Engineering
Department report, copies enclosed on pages //3 through &O
for your review. The APC is recommending hat a cash dedication
requirement be allowed consistant with the City's commercial/
industrial policy. For action that was taken by the APC refer
to a copy of those minutes found on pages through baa
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
preliminary plat, conditional use permit and pylon sign for the
K Charles Addition as presented.
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STORM SEWER
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approved: stan!'�
I plate 4:
K. CHARLES DEVELOPMENT CORP. - PRELIMINARY PLAT & CONDITIONAL USE PERMIT
Chairperson McCrea then convened the public hearing regarding the
preliminary plat request andc itional use permit for a 17,620 square foot
retail strip center with and in ludi a 6,000 square foot drive-through
restaurant and pylon sign located art he northwest quarter of Section
15, south of Duckwooa Drive and east tw Lane. Dale Runkle explained
lF-that the proposal met the City requi a ents. ob Venny, architect for the
-�' project, was present to answer q e ns. equest for nine foot parking _
spaces for employees at the r o e building was requested. A
representative of Krestwood nd 'niums expressed concern about hours,
lighting and traffic. It was po nted out that the pylon sign must comply with
code in relation to the previously permitted Hardees pylon sign. Trygg moved,
Bohne seconded the motion to recommend approval of the preliminary plat and
• conditional use permit for a pylon sign, and drive-through facility, subject to...
.: .,.,,the following conditions: -.
1. This development shall be responsIDie i extending the existing storm
sewer from Krestwood Lane to its east liFel
2. This development shall be respon i le f r orking with the development
across the street to line up their respective a ce sea onto Krestwood Lane.
3. Only one access shall be allowed onto Krestwood Lane for the outlot.
4. Cross easements shall be provided by the applicant so that both the
developed lot and future outlot can share one a ce s onto Krestwooa Lane.
- 5. This development shall a 30 foot half right-of-ways
for Duckwooa Drive and Krestwood Lane respectively. -
6. This development shall. be responsib a for trunk storm sewer area '.._
assessments at the rates in effect at the time tLyinal platting.
APC Minutes
January 28, L986
1
.<`
11. If public improvements r o e ins a1Lea under City contract,
the
appropriate improvements shall ordered for tallation by Council action
prior to final plat approval.
12. The developer shall comp wi at et revisions presented by
12. The developer shall comp
the
Commission on January 28, 1986, inc "n shortening of the cul-de-sac
on
the east side of the park property, (b) deleting the eyebrow on the originally
proposed street conception, (c) deleting the small cul-de-sac in
the
southeasterly portion of the plat, (d) extending the street in
the
northeasterly corner of the plat, and (e) providing a through -street in
the
northwest corner of the plat.
13. The developer shall comply w t the ocess found necessary by
the
City of Eagan to properly rezone the pr rty t -1.
•
All voted in favor.
K. CHARLES DEVELOPMENT CORP. - PRELIMINARY PLAT & CONDITIONAL USE PERMIT
Chairperson McCrea then convened the public hearing regarding the
preliminary plat request andc itional use permit for a 17,620 square foot
retail strip center with and in ludi a 6,000 square foot drive-through
restaurant and pylon sign located art he northwest quarter of Section
15, south of Duckwooa Drive and east tw Lane. Dale Runkle explained
lF-that the proposal met the City requi a ents. ob Venny, architect for the
-�' project, was present to answer q e ns. equest for nine foot parking _
spaces for employees at the r o e building was requested. A
representative of Krestwood nd 'niums expressed concern about hours,
lighting and traffic. It was po nted out that the pylon sign must comply with
code in relation to the previously permitted Hardees pylon sign. Trygg moved,
Bohne seconded the motion to recommend approval of the preliminary plat and
• conditional use permit for a pylon sign, and drive-through facility, subject to...
.: .,.,,the following conditions: -.
1. This development shall be responsIDie i extending the existing storm
sewer from Krestwood Lane to its east liFel
2. This development shall be respon i le f r orking with the development
across the street to line up their respective a ce sea onto Krestwood Lane.
3. Only one access shall be allowed onto Krestwood Lane for the outlot.
4. Cross easements shall be provided by the applicant so that both the
developed lot and future outlot can share one a ce s onto Krestwooa Lane.
- 5. This development shall a 30 foot half right-of-ways
for Duckwooa Drive and Krestwood Lane respectively. -
6. This development shall. be responsib a for trunk storm sewer area '.._
assessments at the rates in effect at the time tLyinal platting.
APC Minutes
January 28, 1986
7. The pylon sign shal b oca a eet within the property line and
subject to the one time sig ainance fee 2.50 per square foot.
8. A detailed landscaa lan on h proposed grading plan shall be
submitted demonstrating suits e s ng a berming of the parking areas.
9'. An easement shall be created between Lot 1 and the Outlot to provide
road access between the two parcels at the time the outlot is developed.
10. Only one access shall be allowed from Krestwooa Lane into the outlot.
All voted in favor.
ECONOMICS LABO OR IN WAIVER OF PLAT -
City Planner Runkle aavi t t licant has requested a continuance •
of this matter. All members voted in favor of a continuance.
AIRCO INDUSTRIAL GASES - CONDITIONAL USE PERMIT
Chairperson McCrea then comme the public hearing for conditional use
permit for two above-grouna IT d sto tanks on 2.3 acres on Lot 5 of the
Robert O'Neil homestead, locate p he southeast quarter of Section
2, north of Trunk Highway #55 no D oad. A representative of the
,applicant was present and wi a the uest for a conditional use permit �.�.
for a 14 ft. by 14 -ft. by 2 hi esel tank, and is requesting only
consideration for a 14 ft. 7 t. CO2 tank. Mr. Mark Parranto was present
on behalf of RES Partne ship to object as being located too close to the
proposed office building sites. It was suggested that the tank might be
'considered a heavy industrial use. Mulrooney moved, Trygg seconded the motion
to recommendapprovalof the.conoitional use permit for CO2 tank. Four voted.:•
.,against and three voted in
EAGAN CENTITE L REVIEW
Mr. Jim Curry was present to v ew h Eagan Center Site Plan review,
which now included a self-service gas stat with grocery store and separate
service bays on the west end of. the proposed commercial site. Bohne
recommended approval of the site plan and subject to (1) City Ordinance, (2)
staff conditions, and (3) compliance with Uniform Building Code and any other
state building or fire codes. Trygg seconded the motion and all voted in
favor.
ZONING AMENDMEN - PUD RENEWAL,PUD RENEWAL, EJTENSION b TERMINATION.
Because of the late hour, this item waLintinued.
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Twenty -Three
CONDITIONAL USE PERMIT/AIRCO INDUSTRIAL GASES
E_ Conditional Use Permit for Above Ground Liquid Storage Tanks
Located on 2.3 Acres on Lot 5„ Robert O'Neill Homestead --A public
hearing was held before the Advisory Planning Commission at their
last regular meeting, held on January 28, 1986,, to consider an
application for a condit-onal use permit to allow two (2) above
ground liquid storage tanks on Lot 5 of the Imre Addition west
of T.H. 149 and north of T.H. 55. The APC is recommending denial
of the conditional use permit for outside storage. At the February
18, 1986 City Council meeting, this item was reviewed and due
• to several changes that were made by the applicant the item was
sent back to the APC for further consideration. The APC did review
the conditional use permit as revised by the applicant and is
recommending approval of the outside storage to the City Council.
For a copy of the revisions as considered by the Planning Commission
refer to to the City Planner's memo found on page.
�, For additional information refer, to the
original Planning Department report, copies are enclosed on pages
496 Through ,/00 which includes the APC action. For a copy
of th'e APC action that was taken at the February 25, 1986 meeting
refer to pages /6 -/oz
•
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
conditional use permit for above ground liquid storage tanks as
presented by Airco Industrial Gases.
95(
W
MEMO TO:
CHAIRPERSON
MC
CREA & THE
ADVISORY
PLANNING
COMMISSION
FROM:
JIM STURM,
ASST
PLANNER
DATE: FEBRUARY 20, 1986
SUBJECT: AIRCO INDUSTRIAL GASSES CONDITIONAL USE PERMIT
On the January 28, 1986 Advisory Planning Commission meeting,
Airco Industrial Gasses applied for a conditional use permit
to allow the storage of carbon dioxide .(CO -2) in above ground
tanks. This request was denied in a 4 - 3 vote.
Since then, the applicant has submitted an alternative to City
staff.. The proposed CO -2 --Eanks will now measure approx. 8' x
56' x 9' (height). As a reference, these white tanks will be
smaller than those of a semi -truck trailer. At the February
18th City Council meeting this item was referred back to the
APC for additional review. The applicant will be present at
the meeting with pictures of the site and to answer additional
questions.
Section 31U-3
i�CO Industrial Gases 50 Ton Receiver
TOMCO Design
64=1
00
C
. s t
m
4� 561-6° 90°—
CITY OF EAGAN
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: AIRCO INDUSTRIAL GASES
LOCATION: LOT, 5, IMRE ADDITION, SEs, SECTION 2
EXISTING ZONING: PLANNED DEVELOPMENT (P.D.)
DATE OF PUBLIC HEARING: JANUARY 28, 1986
DATE OF REPORT: JANUARY 8, 1986
REPORTED BY: JIM STURM
APPLICATION SUBMITTED: •An application has been submitted requesting •
a Conditional Use Permit to allow two (2) above -ground liquid
storage tanks on lot 5 of the Imre Addition, west of T.H. 149
& north of T.H. 55.
BACKGROUND: The proposed storage tanks will be used to hold
liquid carbon dioxide (CO2) and diesel motor fuel for Airco Industrial
Gases. Currently the zoning is PD; surrounding land uses are
of the light industrial or general business nature. General
Coatings is to the immediate north as is Artistic mood. An excavat-
ing company's building, to the east, is at least 250 feet from
Airco's eastern property line. Access to the site is provided
from a service drive that connects to a frontage road north of
T.H. 55.
TANK 1 (LIQUID CO2) •
This CO2 tank, approved by the American Society of Mechanical
Engineers (ASME), will measure 14' x 75' and be 16' high (see
exhibits). The volume is 250 tons, however, the tanks only hold
75% liquid and are regulated by two separate sets of safety controls.,.
The tank will be located 5' from the 7' chain link fence on the
north and west.
Carbon dixoide has a variety of uses including; carbonation
of beverages, fire extinguishing, freezing of meat and chilling
everything from medicines to semi -conductor components• Cd2
does not promote combustion and as a result, this type of tank
can often be stored within a building. The applicant intends
to. store this liquid only and wil not use it - on the site. Koch
Refinery of Rosemount is the supplier. The Building Inspection
Department has approved this tank and plan at the January 6,
1986 staff review meeting.
11" ,
4
CONDITIONAL USE PERMIT - AIRCO
JANUARY 28, 1986
PAGE 2
TANK 2 (DIESEL MOTOR FUEL)
This proposed diesel fuel storage will measure 14' x 14' and
be 20' tall. The applicant wishes to place the tank in one of
two possible locations; 1) between warehouses 1 & 2 along the
eastern property line of the site or 2) just south of the proposed
Cot tank. Due to the size and height of this tank, there will
be special safety precautions required by the Minnesota Pollution
Control Agency (MPGA) and a separate approval by the State Fire
Marshall's office.
The City Inspection's Dept has no other requirements other than
the written approval by the MPCA & State Fire Marshall's office.
• CONDITIONS:
1) Detailed Landscape plan be submitted to bring the area into
compliance with City Code. Screeningshould be encouraged to
lessen the impact of these two tanks.
L49T I W W TELL
40
SS•
LIONT WDOWRLLL (UNDER DEYCLOPMENT)
d
_LDT I
�i..P I ' WUCN•ux D ..a...w c � — — — — —
P.S77t\ n.u... uueroau i
LOT 2
•,•• V I MWYYLI
_ If11'
OT 5
LOT 6
L14Ni INDYST[ILL (4NDE[ pEYEIOHMfNb
ACRC- o
APC Minutes
January 28, 1986
C` 7. The pylon sign shal b oca a eet within the property line and
subject to the one time sig ainance fee 2.50 per square foot.
8. A detailed lanasca a Ian on h proposed grading plan shall be
submitted demonstrating suita e s ng d berming of the parking areas.
9. An easement shall be created between Lot 1 and the Outlot to provide
road access between the two parcels at the time the outlot is developed.
10. Only one access shall be allowed from Krestwooa Lane into the outlot.
All voted in favor. L—U---d
ECONOMICS LABO OROIN.WAIVER OF PLAT
City Planner Runkle aavi t cant had requested a continuance •
of this matter. All members voted in favor of a continuance.
AIRCO INDUSTRIAL GASES - CONDITIONAL USE PERMIT
Chairperson McCrea then come the public hearing for conditional use
permit for two above -ground 'd sto tanks on 2.3 acres on Lot 5 of the
Robert O'Neil homestead, loPship
p e southeast quarter of Section
2, north of Trunk Highway na D oaa.. A representative of the
applicant was present and the uest for a conditional use permit
for a 14 ft. by 14 ft. by 2hi esel tank, and is requesting only
consideration for a 14 ft.t. CO2 tank. Mr. Mark Parranto was present
on behalf of RES Partneto object as beinglocated too close to the
proposed office building sites. It was suggested that the tank might be
consiaerea a heavy industrial use. Mulrooney moved, Trygg seconded the motion
to recomend-approval of the-conaitional use permit for CO2 tank. Four voted .�
against and three voted in h77f,,,
EAGAN CENTVITE L REVIEW
Mr. Jim Curry was present to v ew h Eagan Center Site Plan review,
which now included a self-service gas stat with grocery store and separate
service bays on the west end of. the proposed commercial site. Bohne
recommenced approval of the site plan and subject to (1) City Ordinance, (2)
staff conditions, and (3) compliance with Uniform Building Code and any other
state building or fire codes. Trygg seconded the motion and all voted in
favor.
ZONING AMENDMEN- PUD RENEWAL, EJTENSION b TERMINATION.
MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
FEBRUARY 25, 1986
A regular meeting of the Eagan Advisory Planning Commission was held on
Tuesday, February 25, 1986 at 7:25 P.M. at the Eagan Municipal Center.
Present were members Harrison, Voracek, Wilkins
g
members Hall, Mulrooney, McCrea and and Bohneyg.. Absent were
Dale Runkle, Assistant City EngineerTRigh Hef[A and
sresent were
eant CCity Planner
Dave Keller.
City Attorney
® AGENDA
Pursuant the to
toveadoet1stheeauest to staff, Bohne moved, Wilkins
seconded
Laboratory, Inc.'s waiver of plat be continuedttotthehe eMarch125,on t1986hat Emeetmng9
All voted in favor.
MINUTES
Januar 23, 1986 - S ecial Joint Meetin .
the motion to approve the minutes Wilkins moved, Voracek seconded
Commission and Cit of the Joint meeting
City Council. All voted in favor. g of the Planning
Januar 28, 1986 - Reular
motion to athe Meeting. Wilkins moved Bohne
onded the
subject to thepfollowing amendments minutes of the regrdd
ulameetingofJanuary c28,, 1986,
• service bays for the Service Center in Eagan Center on a reflect that thee
arethe northeast part of the development. Also, on page 2.9
regardingeDavat
e
Gabbert Greensboro Addition should reflect that the addition
is east of
Lexington Avenue. All voted in favor.
AIRCO INDUSTRIAL GASES - CONDITIONAL USE PERMIT
Vice Chairman Harrison then convened the public .hearing on the a
of Airco Industrial Gases for a conaitional use permit for two above -
liquid application
located inpartofanks on 2.3 the southeastocresn
Lotof S5 of th2 ground
Robert O'Neil homestead,
#55 and DOda Road. Dale Runkle introduces the application. ' north of Trunk Highway
was present to explain the use oforage A representative
operation. It appeared that set -back t requirements awere nks lnot applicabl with its
moved to recommend approval of the revised a
tanks which would measure approximately applicable. Bohne
application, consisting of two CO2
seconded the motion tto
following
8 feet by 56 feet by 9 feet.
subject to the following condition: Wilkins
/Q
APC Minutes
February 25, 1986
1. A detailed landscape plan shall be submitted to bring the area into
compliance with City Code. Screening should be encouraged to lessen the
impact of these two tanks.
All voted aye.
EAGANDALE LeMAY LAKE 2nd ADDITION - REZONING & PRELIMINARY PLAT
The public hearing for the preliminary plat and rezoning of 20.5 acres in
part of the northwest quarter of Section 10 from NB (Neighborhood Business),
GB (General Business) and R-4 (Residential Multiple) to Commercial Planned
Development with a preliminary plat consisting of 6 lots including a 120 -room
hotel by Residence Inn on a 4.36 acre lot, wasconvened by Vice Chairman
Harrison. City Planner Dale Runkle made a brief introduction of the
proposals. Mr. Bob Worthington of Opus described the development, indicating
that a request for planned development was being made with all future phases,
other than the hotel, subject to review by the Planning Commission and City
Council. Mr. John Meyer of Residence Inn, Inc. and Greg Hollankamp of K. K. &
E., Inc., architects, were also present to describe the specific plans for the
Residence Inn facility. Questions were raised in regard to traffic and
potential use of LeMay Lake. Bohne moved, Wilkins seconded the motion to
recommend approval of the rezoning of the entire parcel to planned development
with a five-year completion period, subject to the following conditions:
1. A Planned Development Agreement shall be entered into and the concept
plan for the six (6) lots shall be the exhibit to be followed for the Planned
Development.
2. This development is impacted by the Shoreline Zoning Ordinance and
shall be reviewed by the Dept. of Natural Resources for their comments prior
to final plat approval.
3. The plat shall be subject to the Park Commission's review for trail
access and park dedication.
4. A determination shall be made as to whether a Comp. Plan amendment
would be required for this development proposal.
5. Any conditional use permits such as 4 story buildings, pylon signs or
drive-thru facilities shall be made with separate applications.
6. An overall architectural theme shall be established and controlled
signage should be taken for this total development.
7. This development shall be responsible for looping the water main
within Eagandale Place to the existing water main at the northeast corner of
this development.
8. This development shall dedicate a 60 foot right-of-way for Eagandale
Place.
/QoZ
2
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Twenty -Four
SIDE YARD SETBACK VARIANCE/JOHNSON-REILAND CONSTRUCTION
A. Variance for Johnson -Reiland Construction to a 15 Foot Side
Yard Setback on an Estate Zoned Lot, Block 1, Lot 5, Oakchase
5th Addition --An application was submitted to the Planning
Department requesting a 15 foot side yard variance in the Oakchase
5th Addition fronting on Oakchase Road. For additional informa-
tion on the item, refer to the Planning Department report, a copy
is enclosed on pages 16el through 10-7 .
® ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
variance permit as requested by Johnson -Reiland Construction,
Inc.
•
/03
CITY OF EAGAN
SUBJECT: VARIANCE
APPLICANT: JOHNSON-REILAND CONSTRUCTION INC
LOCATION: BLOCK 1, LOT 5, OAK CHASE 5TH ADDITION
EXISTING ZONING: R-1, ESTATE
DATE OF PUBLIC HEARING: MARCH 4, 1986
DATE OF REPORT: FEBRUARY 25, 1986
REPORTED BY: JIM STURM
APPLICATION: An application has been submitted requesting a
15' side yard variance in the Oak Chase 5th Addition, fronting
on Oak Chase Rd.
COMMENTS: The Eagan Code requires a 30' side yard setback for
a dwelling unit and a 10' setback for a garage. This variance
is needed because the. proposed house plans have a family room
directly behind the garage with ,.the closest part 15' from
northern property line. There is -a the
home on lot 6, (to the north)
and the distance between the family room and the garage on lot
6 will be approximately 62'.
Since estate lots are larger than the typical 12,000 S.F. lots,
setbacks were increased to keep 60' between the dwelling units
• and at least 20' between garages. The home owner of
of this variance request. All other selot 6 approves
tbacks meet code requirements.
If_ approved, this variance shall be subject to all applicable
ordinances.
3- � - i L9-�5
CERTIFICATE OF St RVEr
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Scale: 1" = 30'
DESCRIPTION
Lot 5, Block 1,
I NEREer c£Rnrr rMAT rN/5 SLRYEY PLAN oR RCPcwr OAK CHASE FIFTH ADDITION
r'=S PREPARED Br Y£ OR U5'iR NY D/RECr S(F'£RvISIoN Dakota County, Minnesota
AND rNAr) AY A DULr REO/5 rF-£D LAND SURYCrOR
UNDCR r�N£ LAWS OF rN, STAT£ Or MINNESOTA. Plat bearings shown
o Denotes iron monument
DA r£ /0 Py/ 1 9$6 RET. A.C. 8140
brandt anginaering PA rurueying
l 2705 woody trail
burnreiile, minnerota 55337
J 16- 612 435-1000
Tr—)?n- pc'
•
L
JOHN C. HOUSTON
13009 Diamond Path West
Apple Valley, Minnesota 55124
Phone: (612)42372995
February 18, 1986
Honorable Bea Blomquist
Mayor of Eagan
3830 Pilot Knob Road
Eagan, MN 55121
Subject: Lot 5, Block 1, Oak
Variance Request by
Dear Bea:
Chase Fifth Addition
Johnson -Reiland Construction
I have been advised that Johnson -Reiland
Construction, Inc. is making the above subject variance
request of the City of Eagan. They are requesting a
variance from the 30' side setback on the north side of
the proposed home on Lot 5 down to 14'.
As you know the side setbacks were established as 30"
from a dwelling portion of a home and 10' from a
non -dwelling (garage) portion.This was intended to
result in a minimum of 20' separation between adjacent
homegara, and 40' between a garage and a dwelling portion of a
situation 60' between dwelling portions of homes.witIn the t 6
the garage of the home on Lo
(to the north) is 47" from the lot line. Therefore the
proposed variance would result in a 61' spacing between
the dwelling portion on Lot 5 and the garage on Lot 6
which is more than the intended minimum of 40'.
As the developer of Oak Chase Fifth Addition and the
adjacent Sixth Addition I have already sold the subject
.lot and have no financial interest one way or the other
in whether the variance is granted , I am
. Howeverdevelopment of the
interested in the successful
neighborhood. Without the requested variance they would
not be able to build the proposed home on Lot 5. I have
seen the home (built in Burnsville) which Johnson -Reiland
proposes to build on Lot 5 and believe it would be an
asset to the neighborhood.
urge It is for this reason that I
you to give favorable consideration to the variance
request.
Si rely,
C. Houston
-60
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Agenda Information Memo
March 4, 1986,.Ci.ty Council Meeting
Page Twenty -Five
SPECIAL PERMIT/NURSERY SCHOOL
BURTON AND MAYONE EPPEN
B. Special Permit to Allow a Nursery School For No More Then
10 Students Located at 1658 Woodgate Lane --An application was
submitted to the Planning Department requesting a special permit
to allow a 10 student nursery school in an R-1 single family
district. For additional information on this item, refer to a
copy of the City Planning Department report found on pages /� g
through //'0 �—
• ACTION TO BE CONSIDERED ON. THIS ITEM: To approve or deny the
special permit application.
01
CITY OF EAGAN
SUBJECT: SPECIAL PERMIT
APPLICANT: BURTON & MAYONE EPPEN
LOCATION: BLOCK 1, LOT 12, MALLARD PARK 2ND
TION
EXISTING ZONING: RDI
1(SIINGLE FAMILY)
DATE OF PUBLIC HEARING: MARCH 4, 1986
DATE OF REPORT: FEBRUARY 25, 1986
® REPORTED BY: JIM STURM
APPLICATION: An application has been submitted requesting a
special permit to allow a 10 student nursery school in an R-1
single family district.
COMMENTS: The applicants currently
have
in their nursery school at 2057 y 10 students enrolled
SO for 10 years.. Day. care facilities tina and have been doing
Special Use _Permits for 7 - 10 children and Condi t onal1Use Preuire
ermits
cts
for 11 plus children. The nursery school is somewhat different
than the traditional day care facility in that there are 2 sessions
as opposed to the all day service. The Eppen's plan on moving
to the Mallard Park Addition in the near' future and do not plan
on expanding the nursery school in size.
® If approved, the.special permit shall be subject to all applicable
ordinances.
le/
ROBE
ENGINEERING CONSULTING aHOI NDS
PIBNHENS and LBH° IUBNSR
COMPANY$ INC. 3]FU21
L 1000 EAST 1461h
STREET, BURNSVILLE. MINNESOTA 33337 PH 432-3000
i4yal lkocr4pZiost: LOT /2, BLOCK /, MALLARD PARK 2ND ADD17
'PAKDTA COUMTY, MINNESOTA
IV
Cb NORTH a� � !�1`119�e �I
SCALE 1"' j0. 0' 4"'' SS • i s \o
30' FRD.tIT BuILD/•f/6
SETBACK L1AJE
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X30. 30.35 wN
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0
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ap
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I - O
LOT 12
�-� C?'9-? � DENOTES EXISTING ELEVATION
Z I r i 1 -.I -• 1 q
y[
i9S9.7) DENOTES PROPoSdD ELEVATION
(937.6) $� /sem• IIADICATES DIRECTION OF
(937-7)
SURFACE DRAINAGE
N 40.00 939.95: FiM/5NE0 &q.-,969 FLOOR ELEVA
80°
I hereby certify that this is a true and correct "presentation of a tract.of
Ian d to are
hovn'and described hereon.. As prepared by me an this So day of
OC mor P, 19 85.
Minn. Rea. No. /l_jF
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Twenty -Six
LAUKKA BECK/WAIVER OF PLAT SPLIT
C. Laukka Beck of Eagan for a Waiver of Plat to Split Outlot
F in the Lone Oak Addition -=A public hearing was held by the APC
at their last meeting held on February 25, 1986 to consider an
application submitted by Laukka Beck requesting a waiver of plat
in order to donate a 150' x 550' parcel of land to Trinity Lone
Oak Church adjacent to State Highway #55. APC is recommending
approval of this application. City Council agreed to this buffer
at the time the original PD agreement was acted upon for the horse
racing track application. For additional information on this
• item, refer to the City Planning report; a copy is enclosed on
pages //%i through N/ . For a copy of the APC action refer
to page l�
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
waiver of plat as presented by Laukka Beck.
• --
CITY OF EAGAN
SUBJECT: WAIVER OF PLAT
APPLICANT: WARREN BECK
LOCATION: SWq, SECTION 1
EXISTING ZONING: P.D. (PLANNED DEVELOPMENT)
DATE OF PUBLIC HEARING: FEBRUARY 25, 1986
DATE OF REPORT: FEBRUARY 11, 1986
® REPORTED BY: JIM STURM
APPLICATION: An application has been submitted by Laukka-Beck
requesting a waiver of plat in order to donate a 150' x 550'
parcel of land to Trinity Lone Oak Church along State Hwy #55.
BACKGROUND: As a part of the original P.D. agreement, the subject
parcel (a portion of outlot F) was to be donated to the church
to act as a .,buffer from the race track site. Laukka-Beck is
now in the process of selling the Lone Oak Addition except for
the northeasterly 28 acres. The -area is now being marketed as
mixed use development within a L-1 (light industrial) district.
In an effort to expedite the transaction, Laukka-Beck will deed
this property to the church and this waiver of plat will complete
the prior commitment..
//3
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APC Minutes
February 25, 1986
All members voted yes.
Planning Commission members Harrison and Voracek expressed concerns
regarding the fairness of the distribution of pylon signs in the proposed .
development under existing City Code. Staff was directed to address the
issue. Bohne moved, Wilkins seconded the motion to recommend approval of the
conditional use permit for a pylon sign 25 feet in height with not more than
125 square feet of surface on each side. Bohne and Wilkins voted aye; Voracek
and Harrison voted nay.
DIAL CORPORATION — CONDITIONAL USE PERMIT
Vice Chairman Harrison then convened the public hearing for conditional
use permit for outside storage of chlorine on Lot 1, Block 1, Eagandale
Corporate Square, located in part of the northwest quarter of Section 11, east
of Neil Armstrong Blvd. and south of Apollo Road. City Planner Runkle
introduced the request. Also present were Tom Davis and a representative of
Dial Corporation (formerly Purex Corporation). There was substantial
discussion regarding the danger of exposure to escaping chlorine or caustic
chemicals in addition to the safety measures being implemented by the
applicant. Harrison moved, Wilkins seconded the motion to continue the matter
to the next meeting and direct the staff to resolve the issue of whether or
not this use would be considered Heavy Industrial use and not appropriate for
Light Industrial area. All voted aye.
CEDAR CLIFF COMMERCIAL PARK — CONDITIONAL USE PERMIT — PYLON SIGN
The public hearing for a conditional use permit for a 20 foot pylon sign
on Lot 1, Block 1, Cedar Cliff Commercial Park Addition, in part of the
southeast quarter of Section 30, at Cliff Road and Nicola Road, was then •
convened by Vice Chairman Harrison. Dale Runkle introduced the application,
reviewing ordinance requirements. Mr. Charles Bartholdi was present to
represent Federal Land Company. It was noted that a reader board would not be
included in the sign. Bohne moved, Voracek seconded the motion to recommend
approval of the conditional use permit for a 20 foot pylon sign. All members
voted affirmatively.
LAUKKA—BECK — WAIVER OF PLAT
Vice Chairman Harrison then convened the public hearing regarding a
request for waiver of plat to split Outlot F in the Lone Oak Addition, located
in part of the southwest quarter of Section 1, at Lone Oak Road and Trunk
Highway #149. Dale Runkle described the request as necessary to convey a
strip of land to the adjoining church as originally intended prior to
development of the remaining land. -Wilkins moved, Voracek seconded the motion
to recommend approval of the.waiver of plat, with the strong recommendation
that the church rezone the property to PF (Public Facilities) in the near
future. All voted yes.
115
•
•
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Twenty -Seven
DEDICATON ORDINANCE REVIEW
A. Parks Dedication Ordinance Review --The Parks Dedication
Ordinance was presented as an item of Department Head Business
at the February 18 City Council meeting., Due to time constraints
it was not possible to discuss or review the Parks Dedication
Ordinance at that meeting. The item was scheduled for full agenda
review at the March 4 meeting and again a copy of a memo as prepared
by the Director of Parks and Recreation Vraa is enclosed on pages
//,
through /ZZ . The Parks and Recreation Commission will
be meeting March 6 to consider the ordinance and any comments
the City Council might have regarding these policy changes.
There is no official action required on this item, however,
direction to the Parks and Recreation Director and Commission
is requested.
//6
ADVISORY PARKS & RECREATION COMMISSION
KEN VRAA, DIRECTOR OF PARKS & RECREATION
`'" DATE: FEBRUARY 4, 1986
RE: PARKS DEDICATION ORDINANCE REVIEW
BACKGROUND/UPDATE
At the time of the annual review of the parks dedication requirements, the
Advisory Commission requested staff to prepare a report which would address
several areas of concern expressed by the Commission.
Subsequently, a memorandum was addressed to the Commission indicating that
other communities were also reviewing, their parks dedication ordinance for
• possible revision; that the directors from these communities were to meet,
discuss, and perhaps work together in a review process.
The Directors of Parks & Recreation from the communities of Maple Grove,
Plymouth, Eden Prairie, Lakeville and Eagan, as well the Economics Director
from the City of Blaine, met for nearly a full day to critically evaluate each
ordinance and the relationship it has with existing state law and judicial
findings. It is not the intent of this memorandum to review all that was
discussed at this meeting. It is important to note that from this observer's
standpoint there can be no single ordinance which could be easily adopted by
each community. Significant differences in each community, philosophical and
the current status of their respective park systems, make such a document
improbable to develop. However, this meeting did produce some significant
discussion which should help this community to improve its parks dedication
ordinance.
• MEETING OBSERVATIONS
It is this writer's opinion that Eagan's parks dedication ordinance, at least
philosophically, is one of the strongest and fairest to developers. In
comparison, it was noted that 1) Eagan is the only community that provides
for partial parkland dedication credit for areas which are below the 100 year
flood mark, 2) provides park dedication credit for areas which are part of
utility easements. 3) The City's commercial/industrial park dedication
requirement provides for credit where there are significant on-site provisions
for parks and open space.
It still appears that Eagan's parks dedication ordinance could, and indeed
should be strengthened to better comply with State statutes. For example, the
Eagan dedication ordinance should ,1) strengthen the relationship between the
amount of dedication (land or cash) and the impact of the subdivision's
platting and its relationship to parkland needs. 2) The existing land
dedication provides for a constant percentage - 10% - regardless of density.
This can be construed as "inequitable" and therefore, should be reviewed for
modifications.
117
1
It must be recognized that it is not the intent of the strengthening of this
ordinance to mean to increase parks dedication. Rather, strengthen means to
better show the relationship between the platting review, the need for parks,
its reasonableness in order to comply with the State statutes and thus, make r
it less susceptible to court challenge.
STATE STATUTE
Attached is the State statute which initially allowed for cities to develop
and implement parks dedication ordinances. In providing for these
regulations, it should be noted that there are several key words and phrases
which are significantly important. The first of these is that "a reasonable
portion of any proposed subdivision be dedicated." The second is that
dedication, at least for cash, should be "based on the fair market value of
the land no later than at the time of the final approval." Third, "a
municipality reasonably determines that it will need to acquire that portion
of land for the purposes stated."
1
In essence, these are the three critical issues that a parks dedication
ordinance should address.
E
Perhaps one of the most significant court cases relating to parks dedication
is Koolis vs. the City of Bloomington in which the State Supreme Court upheld
Bloomington and that its 10% land dedication was a reasonable portion.
Consequently, many communities have adopted the 10% standard. A word of
caution in adopting this 10% standard. Municipalities still must be able to
demonstrate that this is reasonable and that it will need to acquire this
percentage and a particular parcel for parks purposes to satisfy the residents
needs. Because of Eagan's Park Systems Plan which contains a significant
amount of information regarding the demographics of the community (as well as
projected future growth and development), individual park standards, ratios of
facilities, a neighborhood park standard, the type/quality of property the
City seeks to acquire for parks purposes and has defined parks service areas,
as well as pencil locations for parks, the City is in an
excellent position to support its case for parks dedication as reasonable. It
would seem prudent, however to incorporate and/or at least identify the Park •
Systems Plan and its continuing updating as the basis for the City of Eagan's
parks dedication ordinance. Further, because the City has established its
standards for parks based on population, it would then seem appropriate to
establish its land dedication (and cash) based on population - i.e. density of
a development.
A constant land dedication of 10% for single family as well as for multiple
family development of high living unit density per acre is, in fact,
inequitable and may be a case for unreasonableness.
It would be prudent for the City to have a land dedication requirement that is
based on a sliding scale which increases with unit density and has a basis, in
fact, for providing parks in relationship to demand/impact.
BASED UPON FAIR MARKET VALUE
State statutes indicate that the municipality must base its dedication on
"fair market value." A review of other cases indicates that it appears
acceptable and reasonable for a municipality to establish market value
collectively, rather than for a single parcel being considered for
subdivision. It also appears acceptable to set the value at the time of the
final subdivision plat rather than raw land value. In summation, it appears
2 //
that the City of Eagan's history of setting values for parks cash dedication
that is based on recent land sales is an appropriate methodology. Therefore,
staff would recommend that this procedure continue, but that the ordinance
indicate the methodology used.
DETERMINATION OF LAND TO BE DEDICATED OR FEES TO BE PAID
Through the City's Comprehensive Park Systems Plan and its analysis of
facility needs for residents, the City has generally determined that a
standard of 15 acres of neighborhood and community parks and open space per
population of 1,000 persons is an applicable and valid standard. Approximately
twelve acres of this 15 acre amount shall constitute neighborhood parks and
shall be the minimum standard established by the City.
Therefore, the City shall require dedication, either land or cash, of
sufficient amount which shall meet the standard for neighborhood parks.
Dedication shall be based on density of residents in the following residential
unit types (1985 census date):
• Single family - 3.5
Duplex - 2.8
Townhouse & Quads - 2.1
Multiple - - 1.9
LAND DEDICATION
In brief, the City should relate the parks dedication on a more equitable
basis based on number of residents per type of unit, utilizing the City's
standard for park acreage.
Based on the number of persons per residential unit as previously described,
land dedication shall be as follows:
Alternate I
. -- 0-1.9 units per acre
- 8%
2-3.5 units per acre -
10%
3.6-6 units per acre -
12%
6-10 units per acre -
14%
10 + units per acre -
Add .5%
(Alternate II)
This alternative would be a calculated dedication utilizing the type of unit
times the number of residents for that unit. This would equal "demand for
parks." This to be multipled by the parkland equivalent per individual .012
to determine the exact amount of land dedication.
EXAMPLE: Developer X intends to develop 40 acres - twenty acres for single
family and 20 acres for apartment. The single family development
will have 3.5 units per acre and the apartment has 11 units an acre
or 70 single family homes and 220 apartments.
70 units X 3.5 people = 245 people x .012 (standard area per person)
= 2.94 acres
/9
c
220 units x 1.9 people = 418 people x .012 (standard area per
person) = 5.01 acres
TOTAL: 7.95 ACRES
Therefore, the dedication is .012 acre per person.
CASH DEDICATION
It shall be the City's intent to provide for, where land is not a requirement,
a cash dedication fee. This cash dedication shall be based on composite value
of properties within each of the zoning classifications. This value shall be
determined annually by the City upon recommendation of the Advisory Parks &
Recreation Commission. The land value is to be divided by the number of units
per acre to determine the cash fee which shall equal an equivalency of 12
acres per thousand population times the composite fee of properties of similar
zoning values. This formula shall be as follows:
RESIDENTSI
11 UNITS PER
HOUSING TYPE PER UNIT LAND VALDE 100 POPULATION
Single family
3.5
$11,000
= 28 =
Duplex
2.8
13,000
= 35 =
Townhouse/Quads
2.1
15,000
= 47 =
Multiple/Apts
1.9
17,000
= 52 =
REQUIRED CASH EQ.
(ACREAGE X LAND VALUE)
$13,200
$15,600
$18,000
$20,400 =
ALTERNATE II:
CASH (CASH EQ. UNITS
$13,200 = $471.00
28
$15,600 = $445.00
35
$18,000 = $382.00
47
$20,400 = $392.00
52
single family
duplex
townhouse/quad.
apts.
Similar to the alternate being provided in the land dedication, this would be
a cash equivalent per person.
EXAMPLE: 20 single family homes x 3.5 people x .012 acres x $11,000 (values
of property per acre) = .84 x $11,000 = $924.00
Alternate II in the proposed land dedication holds constant the value of
property to be dedicated with each plat. Based on 12 acres per thousand
residents, this is the equivalent of .012 acres per person. Upholding this
value constant for each individual, it is quite easy to calculate land
dedication. One will only need to take the type of living unit being proposed
times residents per unit times the .012 factor to determine the acreage to be
dedicated. On the surface, this constant value of land per person seems most
equitable. The fallacy with this formula, however is that it does not take
into recognition that single family dwellings are likely to have more children
4
Ifflo
•
•
who are generally more consumptive of parks. Consequently, it would seem that
constant value of parkland person is biased against the multiple (or for
- single family) by requiring the same amount of land for adults as for children
from single family homes.
Alternate I under "Land Dedication" takes into consideration, at least to some
degree, that single family residents are generally more consumptive of parks
than multiple family residents. Consequently, even though there is an
escalating percentage of land dedication based on the units per acre, this
percentage is still less than the straight .012 acres per person.
The increasing land dedication percentage seems much more fair than the
straight 10% land dedication regardless of units per acre.
CASH DEDICATION
The cash dedication calculation is very similar to that which is being used
. currently other than the fact that it hAs been updated based on residents per
unit. For example, under the existing Parks dedication policy, single family
is currently allocated for residents per unit and consequently, 25 units per
100 population. This has now been changed to 3.5 residents per unit and 28
units per 100 population. The other value change has been that the City is
using 12 acres per 1,000 population as its standard. Utilizing this new
standard of 1.2 acres per 100 population times the land value of $11,000 per
acre, the required cash equivalent is $13,200. This figure, when divided by
the 28 units per 100 population, equals the cash equivalency of $471.00 per
unit.
The proposed cash dedication takes into consideration that land values
escalate with each type of housing unit. Currently, multiple family units are
paying their cash dedication based on land values for single family versus
land values for multiple. Under the current plan, there may be inequities
between similar developers where one is providing a land dedication from a
multiple dwelling area versus a cash dedication. Obviously, the cash
dedication is significantly less expensive for a developer to provide than the
land dedication, particularly since that cash dedication is now currently
calculated on single family land values while the land dedication is obviously
of higher value.
It is improbable that an ordinance containing land and cash dedications is
going to be completely equitable and without flaw. However, any
recalculations, computations and variations should attempt to continue to be
fair and equitable as is possible both to the City and developer as well as
between developers.
Under Alternate I for cash dedication, the table shows the result of
escalating land values based on units per acre. You will note that in the
multiple apartment dwellings using land values of $17,000 per acre, the cash
equivalant would be $392.00. This would be an increase of $92.00 from the
1986 adjusted fee of $300.00. However, noting that the parks dedication
requirement could provide credit for on-site amenities provided by apartment
developers, this fee could be reduced for on-site amenities. Those developers
that provide tennis courts, swimming pools or other amenities with their
apartment units could be credited up to the 25% reduction in the cash
dedication. This would reduce the $392.00 dedication to $294.00 per unit.
Those apartment developers who fail to provide any amenities on-site, thereby C
probably increasing the demand for park usage by apartment dwellers beyond the
norm, would be paying the full $392.00 per unit. Essentially this provides
/1Z/
1
greater flexibility for the City by providing credit against a cash dedication `k
and is closer to the value of the property upon which they are developing.
INDQSTRIAUCOMMERCIAL
Industrial/commercial dedication requirements shall remain as is. It appears
that this dedication requirement and verbage should be sufficient to cover any
contingencies associated with this dedication. However, this portion of the
ordinance should contain and provide for updating of the cost per acre by
resolution. This would allow the City to continue as it has in the past, but
would formally recognize the process.
OTHER CONSIDERATIONS
In reviewing what other communities have done with their parks dedication
requirements, it is interesting to note that for example, Blaine has included
the cost for development of park facilities as part of their park dedication
fees and included it in their calculation. The cities of Eden Prairie and
Plymouth are doing likewise. State tatutes do not address the cost for
development of facilities, although it seems clear that the intent of the •
state statute was to not require existing properties to pay more as a result
of increased development. Therefore, a reasonable portion of development
construction could be construed as being part of a parks dedication
requirement.
Most communities do not provide for credit for parkland within easements or if
part of a flood plain. Eagan's ordinance provides for this. It is this
writer's opinion that because the City has a significant number of ponding
areas utilized for storm water basins and because the City requires these for
storm ponding easements from the developer, it appears that where parkland is
also taken, partial credit should be given. Again this is an issue for
discussion and review, but to do otherwise as a double taking of property.
Several communities have "a savings clause" within their ordinance. The
savings clause is simply a requirement that where the City has indicated a
future park and the developer provides required parkland dedication and the
park space needed is greater that the developer is required to set aside, the •
additional property be set aside for up to one year in order to allow the City
to purchase this additional land. The savings clause establishes a procedure
and price for the property and is typically tied to the City's current fair
market valuation for single family zoned property. This writer would strongly
recommend that such provision be included within the parks dedication or
zoning ordinance.
FOR COMMISSION ACTION:
To review the staff report regarding park dedication, to accept or refuse, to
recommend/not recommend it being sent to the City Council.
Respectfully s bmi ed,
Director of Parks & Recreation
RV/js
/ZZ
6
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Twenty -Eight
CONTRACT 86x3/ASHBURY ROAD/STREETS & UTILITIES
B. Contract 86-3, Received Bids/Award Contract (Ashbury Road -
Streets & Utilities) --At 10:30 A.M. on Friday, February 28,
formal bids were received for Contract 86-3 for the installation
of streets and utilities along AshburyRd from Blackhawk.Glen
to Blue Cross Road. Enclosed on page LZW is a summary tabula-
tion of the bids received in relationship to the estimated cost
contained in the feasibility report presented at the public
hearing held on December 3-, 1985. All bids will be reviewed for
accuracy on extensions and additions, and a final recommendation
will be made at the Council meeting on March 4.
• ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids and
award contract 86-3 (Ashbury Road/Streets and Utilities) to the
lowest responsible bidder, and authorize the Mayor and City Clerk
to execute all related documents.
173
Our File No. 49366
BLACKHAWK GLEN (ASHBURY ROAD)
UTILITY & STREET IMPROVEMENTS
CITY CONTRACT 86-3 - PROJECT 454
EAGAN, MINNESOTA
BID TIME: 10:30 A.M., C.S.T.
BID DATE: FRIDAY, FEBRUARY 28 1986
FEASIBILITY REPORT
ENGINEER'S ESTIMATE----------- /
3676d % UNDER FEASIBILITY REPORT
UNDER ENGINEER'S ESTIMATE 7
$708.733.00
$682,000.00
6.1
2.4
CONTRACTORS
TOTAL BASE BID
1.
Richard Knutson, Inc..
$665,746.20
2.
Lake Area Utility
679,821.95
3.
Barbarossa & Sons, INc.
699,818.00
®
4.
Northdale Construction
_ 706,407.56
5.
Encon Utilities, Inc.
784,433..25
6.
Lametti & Sons, Inc.
817,000_00
7.
Widmer, Inc.
822,601.00
8.
M. Danner Trucking, Inc
859,540.00
•
FEASIBILITY REPORT
ENGINEER'S ESTIMATE----------- /
3676d % UNDER FEASIBILITY REPORT
UNDER ENGINEER'S ESTIMATE 7
$708.733.00
$682,000.00
6.1
2.4
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Twenty -Nine
MAINTENANCE EQUIPMENT/SEWER JETTER S VACUUM PUMP
C. MAINTENANCE EQUIPMENT, RECEIVE BIDS/AUTHORIZE PURCHASE
(SEWER JETTER AND VACUUM PUMP) --As a part of the approved 1986
budget, the Council formally advertised for bids for the acquisi-
tion of a truck mounted sewer jetter and a trailer mounted vacuum
sewer inductor. Formal bid opening was held at 10:30 A.M. on
February 20, 1986 at City Hall. Enclosed on page 1Zo is a
tabulation of the bids received and their relationship to the
1986 budget allocation.
After reviewing the bids received and the noted exceptions to the
• City specifications, the staff is strongly recommending that the
trailer mounted vacuum sewer inductor be awarded to the second
lowest bidder. The lowest bidder is not able to meet
specifications pertaining to engine size, pump size, and axle
support springs.
The Public Works Director will be available to discuss in further
detail the bids and staff recommendations.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for
the sewer maintenance equipment and authorize the purchase from
the lowest bidder meeting all specifications.
/Z$
BID OPENING
10:30 A.M.
FEBRUARY 20, 1986
EAGAN MUNICIPAL CENTER
TRAILER MOUNT VACUUM SEWER INDUCTOR
TRUCK MOUNT SEWER JETTER
RVO-010P
A. TRAILER MOUNT VACUUM SEWER INDUCTOR (VEH #223)
1. Flexible Pipe Tool Company
2. MacQueen Equipment, Inc.
® 3. City Estimate/Budget
* Does not meet specifications
HE
$22,986.00
20,747.76*
30,000.00
B. TRUCK MOUNTED HIGH VELOCITY SEWER JETTER (VEH #212)
1. Flexible Pipe Tool Company
2. MacQueen Equipment, Inc.
3. City Estimate/Budget
is --
12-6
$56,735.00
NO BID
$60,000.00
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Thirty
I -35E & DEERWOOD'DRIVE FRONTAGE ROAD
STREET NAME DESIGNATION.
D. Street Name Designation, I -35E & Deerwood Drive Frontage Road --
At the January 7 City Council meeting, the Council considered'
a request from Mr. Leo Murphy to rename the I -35E frontage road
north of Deerwood Drive to "Murphy Street". Comments received
from the only other affected property owner, Mr. Ed Dunn indicated
a preferance for "Murphy Parkway"..
In considering these requests,, the Council continued action
indefinitely and referred this street name designation request
to both the Advisory Planning Commission and Advisory Park and
Recreation Commission for their review and comments to be considered
by the Council on March 4.
The Planning Commission reviewed this item at their February 25
meeting and support/recommend the proposed name of"Murphy Street."
The Advisory Parks and Recreation Commission has referred it to
their naming subcommittee which does not meet until March 6.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the recom-
mended street name designation of "Murphy Street or Murphy Parkway"
as petitioned for..
iz7
Agenda Information Memo
March 4, 1986, City Council Meeting
Page Thirty -One
COLLECTIVE BARGAINING CONTRACTS
E. Consideration to Ratify Collective Bargaining Contracts --The
City Administrator has received a counter proposal from Local 3.20
representing the Public Works and Parks Maintenance employees for a
4% wage increase in 1986.and the same increase for 1987. The other
benefit changes which relate directly to health insurance and
uniform allowance were agreed upon as proposed by the City Council.
The City Administrator will further discuss the proposal at the
meeting on Tuesday.
The City Administrator has also received a reply from the Police •
Dispatcher unit in which they agree to a wage increase of 68 for
1986 and a comparable worth schedule adjustment as of October 15,
1986 as proposed. All other items, with the exception of a future
meeting for discussion concerning personal leave time, have been
agreed upon. The City Administrator will further discuss this
contract at the meeting on Tuesday.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny ratifica-
tion of a two (2) year contract with Local 320 representing the
Public Works and Parks Maintenance employees that covers both
calendar years 1986 and 1987. Also, to approve or deny ratification
of a one year contract with Local 320 representing the Police
Dispatchers. Special Note: The City Administrator will review with
the City Council the status of negotiations with the Clerical
bargaining unit_
!Z�
MEMO TO: HONORABLE MAYOR & CITY
FROM: CITY ADMINISTRATOR HEDGES
DATE: FEBRUARY 27, 1986
SUBJECT: INFORMATIVE
BOARD OF REVIEW
The Dakota County Assessor's office has proceeded to schedule
Wednesday, May 28, at 6:30 p.m. as the time and date for Eagan's
Board of Review. Please mark your calendars; a reminder. will be
sent out in May.
PLANNING ASSISTANCE GRANT PROGRAM
• The City has received the final check for the 1980 Planning
Assistance Grant Program which amounts, to $2,318.00: The total
amount received for the comprehensive guide plan is $46,530.
AIRPORT NOISE
At the Special Airport Noise meeting that was sponsored at the
Eagan City Hall February 13, a request was made to secure a copy
of the 17 -Point Noise Attenuation Program that was submitted by
Metropolitan Airports Commission to Governor Perpich. A copy of
that letter and report is enclosed on pages /3Z through /V3
for your review.
METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL
AGENDA AND MINUTES
•
A copy
of this week's agenda
and'-�pinutes of
the last MASAC
meeting
are enclosed on pages
_14*{ through
for your
review.
DAKOTA COUNTY CHAMBER OF COMMERCE PRESIDENTS PARTY
Enclosed on page [15/ is a copy of the Dakota County Chamber of
Commerce Presidents Party as scheduled for Friday, March 21. If
any member of the City Council wishes to attend, please notify
this office.
MARY POST SENIOR CITIZEN DEFERMENT
At the February 4 City Council meeting, there was some concern
raised about the homestead status of Mary Post who requested a
senior. citizen deferment application. The Director of Finance
has further reviewed the application and a copy of his response
is enclosed on page1j. His memo has raised an important
issue about the necessity to provide more controls on these
deferments. It is recommended that this item be discussed at our
future Special Assessment Committee meeting and the policy then
reviewed by the City Council.
/z9
APPLE VALLEY FIRE DEPARTMENT - LETTER OF -COMMENDATION
On page = is a copy of a letter sent to Fire Chief Childers by
Fire Chief Tuthill of the Apple Valley Fire Department expressing
their appreciation in the recent mutual aid.
PROTECTIVE INSPECTIONS REPORT FOR JANUARY
Enclosed on pagesthrough 156 is a copy of protective
inspections report or the month of January.
TORT LIABILITY AND INSURANCE
At the League of Minnesota Cities annual legislative conference,
a position paper sponsored by the LMC on tort liability and
insurance, was distributed. Information contained in this
position paper is extremely important to cities, and therefore,
a copy is presented for your review. .pages/S7 through/j"9
GROUP W TRANSFER
The City Administrator has been meeting with the Joint Commission
Chairperson Rick Bertz, Cable Administrator Ralph Campbell, and
the City Manager Linda Barton of Burnsville, to discuss all
aspects of the Group W Transfer. For a copy of the Commission
timetable as prepared by Tom Creighton, Legal Counsel, refer to
pages _,ff,,.6 .through 6.2., . The City Administrator will provide
or update, as further information is available, regarding any
specifics of the transfer.
STATE BUDGET BALANCING
The City Administrator received an AMM Bulletin that addressed
the State Budget Balancing. A copy is enclosed on pages /63
through _14,5. --for your review. •
DAKOTA, INC.
Enclosed on page - is a copy of a letter that was sent by the
Director of Development of Dakota, Inc. regarding the City
Council's personal contribution for the purchase of Christmas
gifts to those, children who are sponsored by Dakota, Inc.
FEDERAL LAND COMPANY REQUEST FOR OFF -SALE LIQUOR LICENSE
Enclosed on page 46 is a copy of a letter from the Federal
Land Company regar— ng, 'a request to obtain an Off -Sale Liquor
License for the Town Centre -Eagan Shopping Center. The City
Administrator would like some direction regarding the City
Council's whishes as to whether there is any consideration to
offer additional Off -Sale Liquor License, or if the Federal Land
Company should be discouraged for seeking another liquor license
since the current policy is limited to four (4) off -sale
licenses.
136
TAX REFORM ACT
The City Administrator and Director of Finance attended a seminar
last week on the Tax Reform Act that was sponsored by Evensen
Dodge, Inc. The Director of Finance also attended a seminar
sponsored by Miller and Schroder this week on the same subject.
Enclosed for your review is a synopsis of the Tax Reform Act as
prepared by both Ehlers and Associates; Inc. and Springsted.
Ironically, the City staff has input from four (4) major fiscal
consultants regarding this issue. These documents are enclosed
without page number due to the copied publication.
1986 MAP
The 1986 map was a huge success for the Eagan Lions Club
generating some $3,000.00 in profit for that organization. There
were twenty five thousand maps ordered. The fire. department is
stuffing new telephone directories with a copy of the 1986 map,
and plans to deliver approximately twelve thousand door to door
throughout the community. The 'remainder of the maps will be used
by advertisers, the Chamber of Commerce, businesses, and mainly
by City Hall. There were no out-of-pocket expenses incurred by
the City of Eagan; however, a special thanks to Administrative
Assistant Duffy and our Engineering Staff who worked on the
project under the supervision of the City Administrator. Also a
special thanks to the Director of Parks and Recreation and his
Department for the park map that appears for the first time on
the reverse side of the 1986 map. Enclosed you will find several
maps for use by your family or to give to a friend.
TED WAC1TER
City Councilmember Wachter had surgery earlier this week on a
hernia. It was a scheduled surgery and according to Ted a
• successful one.- It will cause approximately six weeks of delay
in any heavy lifting, however, he wants to continue working more
in a supervisory capacity during that period of.time.
City Administrator
TLH/hb
/2�
_ _
MAC METROPOLITAN AIRPORTS COMMISSION
OFFICE OF THE CHAIRMAN • PHONE (612) 728-5106
January 16, 1986
The Honorable Rudy Perpich
Governor of the State of Minnesota
130 State Capitol
Saint Paul, Minnesota 55155
My Dear Governor:
The enclosed 1 -7 -Point Noise Attenuation Program is provided for your.review. It
is my opinion that this program provides a realistic noise attenuation effort
which can be accomplished. It is critical that we not lose sight of the econ-
omic and financial impact that other proposals,may have on services provided to
the travelling public.
7
I hasten to add, Governor, that the single most important noise attenuation pro-
ject is the Displaced Threshold Runway 4/22 Preferential Runway Program.
Because of the critical importance of this project to both the environment
(aircraft noise) and safety, it is essential that it be implemented -- at the •
earliest possible date. I would appreciate the opportunity to personally brief
you on this project along with Jeff Hamiel, our Executive Director. We need
your support and the support of'your administration. I believe it is essential
to the success of the project that you understand and appreciate its value.
Warmest personal regards,
Raymond G. lumack
Chairman
Enclosure
13 7�-
MAC
January 15, 1986
•calf& PWL
METROPOUTA% AIRPORTS COiVIMISSION
OFFICE OF THE CHAIRMAN
The Honorable Governor Rudy Perpich
Governor of Minnesota
130 State Capitol
• St. Paul, MN 55155
RE: MAC NOISE ABATEMENT PROGRAM
bear Governor Perpich:
PHONE (612) 726.1892
As you are aware, the Metropolitan Airports Commission (MAC) is
charged by law to promote air transportation and air commerce in
Minnesota locally, nationally and internationally while assuring
the residents of the Minneapolis/St. Paul metropolitan area of
the "minimum environmental impact" from air transportation. The
responsibility to balance the public's need for air transpor-
tation with the desire to be a "good urban neighbor" presents a.
tremendous challenge.
MAC is recognized as a national leader in pioneering noise abate-
•ment techniques.— We first developed the Preferential Runway
System (PRS) concept which is now widely accepted throughout the
nation. We formed the first successful citizen/user,group; the
Metropolitan Aircraft Sound Abatement Council (MASAC). And we
are continually developing new approaches and procedures for
addressing community concerns.
Enclosed is a copy of MAC's recently adopted 17 -point program for
addressing the challenges caused by aircraft noise. One.of the
most exciting and innovative of our proposals is the Runway 4/22
Preferential Runway Project, which is designed to "breathe life"
back into the Preferential Runway System.
We.are also analyzing numerous proposed noise abatement tech-
niques and operational procedures in conjunction with local citi-
zens, state and local government, air carriers and the Federal
Aviation Administration under Part 150 of the Federal Air
Regulations.
/33
-z -
And, finally, recognizing that our current noise problem is the
direct result of federal laws and policies, we have initiated a
broad based effort of public education, pilot and air traffic
controller training, and lobbying at all levels of government
(from other local airports to Congress) to address the underlying
causes of the current situation.
We believe we have developed a well thought out program which has
the greatest potential for reducing the impacts from aircraft
noise.
Very truly yours,
/ / i �i4
Raymond G. Glumack
Chairman
. Robert Stassen
Vice Chairman
Barbara Ashley /� Burton M. Joseph
Commissioner " Commissioner
Donald E. Benson
Commissioner
;/Jan Del Calzo
Commissioner
Sam Grais
Commissioner
Ronald Jerich
Commissioner
l3�-
Tim.i�vaasen
Commi/ssi oner
Rs9kiAt SQ'ieterson
Commissioner
Wilfred Viitala
Commissioner
Jeffrey W. Hamiel
Executive Director
•
•
MAC NOISE ABATEMDU PROGRAM
The greatest challenge facing the Metropolitan Airports Commission today is
the need to mitigate the environmental impact of air transportation on comr
munities adjacent to Minneapolis -St. Paul International Airport. These
efforts are a continuation of programs initiated by MAC in the early,
1970's with the advent of commercial jet aircraft. 'Throughout this period,
the Metropolitan Airports Commission has been a leader in efforts to deal
with aircraft noise issues. Many techniques which have been used
throughout the country have been originated in Minneapolis -St. Paul.
With the increased activity being generated in the deregulated airline
environment, aircraft noise impact has become an even greater problem than
previously. It is, therefore, imperative that the Metropolitan Airports
Cammission develop a cohesive and comprehensive program for dealing with
• all aspects of aircraft noise. This program involves efforts to deal with
aircraft noise at the source by working toward Congressional and FAA
action, working toward implementation of additional operational techniques
which may reduce the area of noise exposure, as well as dealing with land
use issues in areas where operational changes cannot reduce noise levels.
Past activities by MAC in dealing with aircraft noise have includp-d the
following:
-
implementation of a 17 point noise abatement program which incor-
porated such diverse activities as the development of a preferential
runway system, installation of glide slopes, berming of portions of
the airport to mitigate ground noise, and controls on timing and loca-
tion of aircraft maintenance rumps.
Completion of a Noise Abatement Operations Plan for Minneapolis -St.
Paul International Airport; this document evaluated over 100 poten-
tiai noise abatement actions, and recommended six specific under-
takings for the Metropolitan Airports Cammission.
- Campleted a pilot program to insulate a school adjacent to
Minneapolis -St. Paul International Airport in order to determine the
cost benefit ratio of such an activity. Substantial noise benefit
reductions were achieved through use of a number of noise attenuation
techniques.
- Adopted MAC ordinance No. 64 which prohibits all Stage I aircraft
from operating at Minneapolis -St. Paul International Airport unless
engine retrofits have been accomplished.
This past program is not, however, adequate to deal with the Problems facing
the MAC in a deregulated environment. A comprehensive and aggressive
approach by MAC is necessary to attempt to control aircraft noise impact.
The seventeen elements contained in the program can generally be aggregated
into general categories as follows:
0
• Droved Preferential Runway System
• Local Regulatory Alternatives
• Improved Landing Aids
• Development of Reliever airports
Economic Incentives/Disincentives
Lobbying, Pilot/Controller Training,
. Community Land Use
and Public Education
Each of these categories will be discussed in the following text.
Improved Preferential Runway
For many years, the Preferential Runway System (PRS) has been "the cor-
nerstone of MAC efforts to minimize off -airport noise impacts. In recent
years, the PRS has not been utilized due to increases in aircraft opera-
tions. The following actions are designed to allow more frequent use of the
PRS.
1. Develop Runway 4/22 Preferential Runway Project. The proposed 2;750
foot southwesterly extension of Runway 4/22 at Minneapolis -St. Paul
International Airport provides a combination of operational, safety and
environmental benefits. The primary environmental benefit is to allow
reinstitution of the Preferential Runway System at the airport. In
recent years, the Preferential Runway System has not been utilized due
to a substantial.increase in aircraft activity. The runway extension
will allow a preferential configuration to be operated at higher demand
levels•, thereby allowing an increase of preferential runway use,
perhaps back to the levels of the late'1970's. This action will
substantially reduce noise levels over South Minneapolis, and when crn-
bined with a southerly turn for Runway 22 departures, can be achieved
without adverse impacts in Richfield or Bloomington. In addition to
this benefit, modifications in landing and takeoff points on the runway
will completely eliminate noise impacts in the Highland Park area of
St. Paul. operational benefits relate to the provision of additional
runway length on Runway 4/22, thereby enhancing the ability for inter-
national flights to Europe and/or the Far East from Minneapolis -St.
Paul. The additional runway should greatly increase the operating
capability of airlines providing this service. The runway modifica-
tions also provide substantial safety benefits in that runway crossings
are dramatically reduced, thereby eliminating possibilities of
conflict, and additional pavement is provided for takeoff and landing
operations on Runway 4/22.
An Environmental Assessment of this project is currently underway;
construction is anticipated during 1987.
2. Evaluate A Parallel 1!�!= 4/22. The Metropolitan Airports
Camission will proceed with an analysis of development of a parallel
-2-
/36
•
El
Runway 4/22. This evalation will consider the impacts of implemen-
tation of the runway from,a physical point of view, as well as review
potential operating scenarios and subsequent environmental impacts with
the runway in place. Such a runway would allow equal capability in all
operating directions, and may allow the possibility of utilization of a
rotational runway system which would be designed to insure that.no area
adjacent to the airport receives a disproportionate level of aircraft
activity and subsequent noise exposure. 'This analysis will be coor-
dinated with and integrated into the on-going Part 150 program, to be
completed in mid -1986.
Local Requlatory Alternatives
The MPG is greatly concerned with local actions which may be taken to.
control airport noise levels. Action items which address this issue are as
follows.
3. Comolete Part 150 Study. The Metropolitan Airports Commission is con -
tin— ungdeveloment of a Part 150 study for Minneapolis -St. Paul
International Airport. This study was initiated approximately 1}.years
ago, and is being carried out in a manner consistent with the require-
ments of FAR Part 150. This study procedure is a federally approved.
process for developing noise abatement options at airports, and con-
sists of a rigorous evaluation of all possible operational actions that
could be taken to reduce off -airport noise levels, as well as a review
of available land use modification techniques for dealing with residual
incompatible areas. The study is being carried out in conjunction with
the Metropolitan Aircraft Sound Abatement Council, and includes coor-
dination with the airlines serving Minneapolis -St. Paul International
Airport, the Federal Aviation Administration, business aviation asso-
ciations, the Air Line Pilots Association, as well as those,canminities
adjacent to the airport.
The focus of the operational portion of the study can be aggregated
into five general areas:
1. Actions designed to maximize use of the preferential runway
system.
2. Actions designed to limit total airport activity.
3. Actions designed to limit night activity at the airport.,
4. Actions to reduce Stage II aircraft operations.
5. Flight procedure changes.
ine every Possible operational -action
The study is, intended to determ
that can be taken to impact off -airport noise levels, to screen these
through increasingly rigorous analysis, and to determine.'a co prehen-
3
,7
sive approach to dealing with the airport noise situation. Through
this effort, a coordinated program of noise abatement actions will be
taken rather than a series of isolated activities which may not be as
effective. It is anticipated that the operational portion of the Part
150 Study will be ccopleted during the Spring of 1986, and that the
follow on land use activities wi11 be completed by mid -1986.
Specific programs that are developed through the Part 150 Study process
are eligible for Federal funding; this funding is available to both the
airport operator and to adjacent municipalities covered by the Part 150
Study.
4. Review Applicability of Noise Budget at Minneapolis -St. Paul
International Airport. The Metropolitan Airports Cannission is pro-
ceeding with a review of the possibility of implementing an airport _
noise budget at Minneapolis -St. Paul International Airport. This ana-
lysis is being coordinated through the Part 150 process, since it is
this mechanism that the.FAA has indicated is the most appropriate means
to develop a comprehensive noise program. The noise budget -would
generally be structured in a manner similar to that currently being
considered by Boston Logan Airport. There are, however, substantial
differences between the operating situation at Logan Airport and
Minneapolis -St. Paul International Airport; these differences must be
clearly identified and the noise budget approach tailored to the unique
charateristics.of Minneapolis -St. Paul International Airport. In
general terms, the noise budget would define an aggregate level of
noise which could be generated by the airport. Portions of this aggre-
gate level would be allocated to various air carriers, who would be
free to determine the type of operation they would conduct within the
constraints of ,the noise limits. The focus would not necessarily be on
limiting operations, but on limiting noise levels, and allowing freedan
and flexibility on the part of the airlines to determine aircraft uti-
lization. T_►= long term goal would be to replace as many Stage II
aircraft operations as possible with Stage III aircraft operations.
As it is integrated with.the Part 150 Study, this analysis will be
ccopleted in Spring, 1986.
5. alis -St Paul InternationalAirport Master Plan Update. The
Metropolitan Airports Ca=ssion is undertaking a formal update of the
Airport Master Plan for Minneapolis -St. Paul International Airport in
order to reassess the ability of the airport to meet current and future
demands. With the dynamic. nature of aviation in a deregulated environ-
ment, it is important to re-evaluate the capacity of the runway/taxiway
system, the ground access system, and the terminal facilities. In
addition, the MPG will deal with the concept of "environmental capaci-
ty" as a potential constraint to airport development. This effort will
also focus.specific attention on the noise abatement goals to be
achieved by the Metropolitan Airports Commission.
-4-
/38
r.". I
The Master Plan should be completed in early 1987.
improved Landing Aids.
Landing aids play a vital role in noise abatement in providing electronic
and visual glide paths to runway ends, thereby defining minimum altitudes
during approach to the airport. Enhancement of •these facilities.will
assist in reducing landing noise impacts.
6. Immplement. Microwave Landing chem- The Metropolitan Airports
Cammission is pursuing with the Federal Aviation Administration the
early implementation of a microwave landing system at Minneapolis -St.
Paul International Airport. This facility will greatly enhance noise
reduction in allowing both curved and variable approach paths, as well
as variable glide slopes. The Metropolitan Airports Commission will
pursue an active lobbying effort with airlines operating from
Minneapolis -St. Paul International Airport to equip aircraft with
necessary electronics to utilize the microwave landing system. Efforts
will also be oriented toward timely implementation by the Federal
Aviation Administration of follow-on capabilities on the system to
allow utilization of all benefits.
7. Provide Visual AEroach Aids. The Metropolitan Airports Commission is
pursuing with the Federal Aviation Administration the implementation of
a precision approach on Runway 11L to provide vertical guidance for
aircraft landing on this runway. In addition, -the Metropolitan
Airports Commission is pursuing a project to provide visual aproach
guidance to all -runways at the airport. This will assist aircraft
under visual flight conditions to maintain appropriate altitudes over
adjacent communities.
• Pending a detexm nation by FAA of the appropriate type of approach aid,
implementation is scheduled for 1986.
Development of Reliever Airports
The effectiveness of MAC'S relieves airport system is the key to
controlling general aviation at Minneapolis -St. Paul International Airport.
Continued development of these facilities to attract general aviation will
enhance the ability at Minneapolis -St. Paul International Airport to
operate in a more environmentally sound manner.
8. Ccmolete St. Paul Downtown Ai rt Development Project. The
Metropolitan Airports Commission is entering the third phase of a four
year project to provide a new 6,700 foot runway and approximately 55
acres of building area at St. Paul Downtown Airport. This project is
intended to increase the attractiveness of St. Paul Downtown Airport
for corporate use, and to encourage corporate activity at that airport.
As the project nears completion, the Metropolitan Airports Commission
51
will enter into an active program of negotiations with general aviation
to transfer activity frau Minneapolis -St. Paul International Airport to
St. Paul Downtown Airport. These negotiations will include discussion
of levels of inducement necessary to effect this change. It is
intended that this transfer of activity will reduce levels of opera-
tions at Minneapolis -St. Paul International Airport: if hourly activity
is reduced and steps are taken not to allow increased air carrier
operations, this also may enhance utilization of the preferential run-
way system at the airport.
A Noise Abatement Plan has recently been completed for the St. Paul
Downtown Airport. This plan outlines flight operational procedures for
general aviation aircraft to minimize environmental impact of the air-
port. The Metropolitan.Airports Commission will take steps to insure
that general aviation operations are carried out in a manner consistent
with the adopted noise plan.
The St. Paul Downtown Airport project is scheduled for completion
during 1987.
9. Continued Devela=ent of RelieverAirlake Airport was
acquired' by MAC to allow installion Pot attraining instrument landing
system to divert this activity fran Minneapolis -St. Paul International
Airport. The MAC continues to work with the Federal Aviation
Administration to insure completion of the ILS.project (now expected in
early 1986) and subsequent banning of all instrument flight training
activities at Minneapolis -St. -Paul International Airport. Efforts
should also be made.to insure that flight training activities from St.
Paul Downtown Airport are relocated to Airlake Airport. As additional
corporate activity takes place at St. Paul Downtown Airport, the poten-
tial for incompatible types of activities is substantially increased.
The Metropolitan Airports Commission is also moving toward a develop -
meet program at the Anoka County-alaine Airport to serve general
aviation needs in the northern suburbs. Proposed development at this
airport will allow additional based aircraft, as well as enhance the
environ -mental compatibility of the airport with adjacent residential
areas. Preparation and review of a State Environmental Impact
Statement rela-:tive to this project is currently underway: depending
upon the results of the EIS process, construction could be carried out
during 1987.
Economic Incentives/Disincentives
The MAC is evaluating the extent to which economic incentives/disincentives
may be successful in discouraging use of Stage II aircraft and encouraging
use of Stage III aircraft.
10. Complete Differential Landing Fee Study. The Metropolitan Airports
Camussion is undertaking an analysis of the applicability of differen-
tial landing fees at Minneapolis -St. Paul International Airport. This
analysis will review landing fees related to varying levels of aircraft
noise, as well as potential surcharges for operations at certain gimes
of day such as night-time hours or peak hours.
U. Ca®lete Stage III Incentive StudY. The Metropolitan Airports
Caimission is carrying out a feasiblity study to determine if local
actions are appropriate in encouraging airlines to purchase and operate
Stage III aircraft at Minneapolis -St. Paul International Airport. The
focus of this study is on financial incentives that could be provided
by the local airport operator toward acquisition of these.aircraft.
Both of the above-described studies will becompleted in -early 1986.and
presented to MAC for further action.
Lobbying, Pilot/Controller Tra;n;M, and Public Education
Groups other than MPG can have a significant impact on the environment
within which aviation activity takes place and on procedures specifically
designed to minimize off -airport noise. Actions can be oriented by MAC
toward these groups, and public education can increase the level of concern
expressed by the community toward these groups.
12. Continued Lobbying For Congressional Action. The Metropolitan Airports
Camussion has by resolution called upon Congress to hold hearings to
consider the impacts of airline deregulation upon'the environment, and
to identify possible actions to limit air carrier operations by local
action. In addition, MAG has called upon Congress and the federal
regulatory agencies to investigate alternatives for encouraging the
acquisition and use of quieter Stage III aircraft, and eliminating, in
a staged manner, use of Stage II aircraft. Through MAC efforts,
Congress directed FAA to hold hearings in December, 1985, to discuss
these issues; FAA is required to report its recommendations back to
Congress by April, 1986.
13. Action a Airport Noise Coalition. The MAC has formed a coalition of
other major airports exp fencing noise impact problems in order to
develop a united and concerted effort toward Congressional and FAA
action. This noise coalition is expected to be extremely active and
effective in terms of focussing Congressional attention toward the
magnitude of the noise problem facing the Nation's major airports and
air transportation system. A Resolution resulting from an initial
meeting of the Airport Noise Coalition is being moved through the AOCI
committee process to be presented to the Federal Aviation .
Administration with backing of the nation's airports. This resolution
calls for significant action by the Federal Aviation Administration
regarding limitations on production of Stage II aircraft, limitations
on operations of Stage II aircraft, recommendations regarding retention
of the Investment Tax Credit and Accelerated Depreciation Provisions of
-7-
existing tax law for Stage III aircraft, additional incentives for uti-
lization of Stage III aircraft, and to clarify options available to
airport proprietors in attempts to reduce aircraft noise exposure.
An initial meeting of the Airport Coalition was held on December 9,
1985; follow-on activities will be.continuous.
Similar efforts should be focussed toward the State level with regard
to the role played by aviation in the State business climate, and the
importance of access to air transportation in the day -today activities
of the State of Minnesota.
14. Determine Proprietors'.Rights- At the present time, the issue of
proprietors' rights is an important and controversial one. The
Metropolitan Airports Commission has gone on record as favoring a
limited degree of airline reregulation to accomplish a reduction in the,
number of flights, particularly between those destinations where load
factors are low and duplicative services provided. This duplication of
service on such routes substantially increases activity at the airport
and may well push total operational levels beyond the environmental
capacity of the airport.
There is great resistence to a return to regulation on the part of
Congress, the airlines, cons m,ers, and other airports within the AOCI
organization. The MAC urges development of a middle ground which would
continue to allow market forces to stimulate competition, while pro-
viding a means of preventing excessive saturation of airspace, and of
exceeding the environmental capacity of airports located in heavily
populated areas. The MAC will continue on a program to urge federal
authorities to allow airport proprietors adequate means of control over
airside and environmental capacities at airports, and.to have access to
federal (DOT/FAA) advisory reviews on limits and/or restrictions
imposed by the local operator where safety or environment is threatened •
by the increase in air traffic.
15. Accelerate Pilot/ControllerTr and Public Ed=ational Proms
The Metropolitan.Airports ccamission "is initiating an educational
program to identify the complex nature of the airport noise problem,
and to identify the responsibilities of various levels of government in
dealing with the issue. It is hoped that such an undertaking will
focus attention on the Federal Government and the impact of its actions
regarding airline regulation and aircraft noise control on local air-
ports and adjacent ccmmmnities.
In addition, the Metropolitan Airports Cam-tission will reemphasize its
on-going interaction with airlines operating at Minneapolis=St. Paul
International Airport, as well as the air traffic control tower person-
nel, to reemphasize the seriousness of the existing noise problem.
-S-
Continued and regular contact with both the airlines and Federal
Aviation Administration has led to a clear understanding of the extent
and magnitude of the problem in the past, and has proven to be an
effective means of developing procedures to help deal with the problem.
A continuation of this process should benefit all concerned.
community Land Use
The MAC is participating in a number of off -airport land use efforts with
communities adjacent to Minneapolis -St. Paul International Airport in an
attempt to prevent development of incompatible uses and to move toward a
comprehensive program of corrective actions.
16. Ccmolete Residential Insulation Pilot meet. In order.to provide
input into the Part 150 Study regarding the benefits of residential
sound insulation, the Metropolitan Airports Commission is continuing a
pilot project in conjunction with the City of Minneapolis which has
insulated 17 homes in South Minneapolis. This study will provide a
clear indication of the cost benefit ratios between insulation levels
and residential noise attenuation, and will be used as input into the
decision making process in the Part 150 Study, expected to be completed
during 1986.
17. Initiate band Use ImolementZon Study. The Metropolitan Airports
Can sins n has applied for funding from the Federal Aviation
Administration to allow communities adjacent to Minneapolis -St. Paul
International Airport to carry cut land planning efforts related to
aircraft noise impacts. This effort will deal with both preventative
and corrective land use measures in areas impacted by aircraft noise,
and will provide a local perspective in terms of appropriateness and
degree of potential land use changes. This work effort will be coor-
dinated with the Part 150 Study, and resulting recommendations will be
considered by -the Metropolitan Airports Commission prior to adoption of
the Part 150 Study. Since the Metropolitan Airports Commission is the
agency which must develop and approve the Part 150 Study, the MAC will
have final authority over inclusion of these recame_ndations.in the
study.
r,g�
AGENDA
METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL
GENERAL MEETING
February 25, 1986
7:30 P.M.
6040 28th Avenue South
Minneapolis, Minnesota
I. Cal'I to Order, Roll Call
2. Approval of Minutes of General Meeting on January 28, 1986
3. Introduction of Invited Guests, and Receipt of Communications
4. Technical Advisor's, Preferential -Runway System Utilization Report and
Complaint Summary Report
5. Persons Wishing to Address the Council
6. Minutes of.Executive Committee, Meeting on February 4, 1986
7. Professional Baseball Team Charter Flights—Don Schiel, Vice President
Marketing-4innesota Twins
8. Results of Summer Aircraft Traffic Count—Darrell Weslander
9. Other Items Not on Agenda
10. Adjournment
'Next Meeting Date: March 25, 1986
l�
•
MINUTES
METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL
GENERAL MEETING
January 28, 1986
5:30 p.m.
Minneapolis, Minnesota
1. Call to Order, Roll Call.
The meeting was called to order by Walter Rockenstein at 5:30 p.m. and the
secretary was asked to call the roll. The following members were in
attendance.
Ben Griggs (R)
Northwest Airlines
Steve Hoven (R)
Ozark Airlines
Mark Costa (R)
Midway Airlines
Bob Johnson (R)
Republic Airlines
Bill Summers (R)
US Air Airlines
Rich Kidwell (R)
Western Airlines
Jose Ponce (R)
Eastern Airlines
Jack Spaulding (A)
United Airlines
Neil Atkinson (R)
Airline Pilots Assoc.
James McLaughlin (A)
Airline Pilots Assoc.
Ron Glaub (R)
Minnesota Business Aircraft Assoc.
Jerry Norton (R)
Minneapolis Chamber of Commerce
Art Tomes (A)
Minneapolis Chamber of Commerce
David Woodrow -(R)
St. Paul Chamber of Commerce
Jeff Hamiel (R)
Metropolitan Airports Commission
Nigel Finney (A)
Metropolitan Airports Commission
Walter Rockenstein (R)
City of Minneapolis
John Richter (R)
City of Minneapolis
James Serrin (R)
City of Minneapolis
Roylene Champeaux (R)
City of Minneapolis
Dennis Schulstad (A)
City of Minneapolis
Kristin N. Clinton (A)
City of Minneapolis
Scott Bunin (R)
City of St. Paul
Lloyd Wickstrom (R)
City of St. Paul
Don Priebe (R)
City of Richfield
John Cartwright (A)
City of Richfield
Edwina Garcia (R)
City of Richfield
Robert Mood (R)
City of Bloomington
Mark Mahon (R)
City of Bloomington
Bernard Friel (R)
City of Mendota Heights
Tom Baker (R)
City of Eagan
Michael Brucciani (R)
City of Burnsville
Juan Rivas (A)
City of Burnsville
Paul Cain (R)
City of St. Louis Park
Page Two
Advisors
Les Case
Bob Botcher
Barbara Ashley
Jerry Mann
Darrell Weslander
Jan Conner
Guests
Roy Madgwick
Evan Futterman
Steve Ring
David Roehser
J. R. Nelson
Steve Wilson
January 28, 1986
Federal Aviation Administration
Federal Aviation Administration
Metropolitan Airports Commission
Director ATA
Technical Advisor
Secretary
HNTB
HNTB
City of Burnsville
City of Minneapolis
City of Bloomington •
Met Council
2. Approval of Minutes of General Meeting on December 17, 1985.
The minutes were approved as presented.
3. introduction of Invited Guests„ and Receipt of Communications.
Representatives from the Milwaukee Airport were introduced to the com-
mission. Their objective in attending the MASAC meeting was to obtain
information and ideas for their own noise abatement projects.
The following correspondence was received: 1) Notification from Eastern
Airlines advising that Jose Ponce would be their representative to MASAC and
the alternate would continue to be Jim Brock. 2) A memo from Jeff HamieI •
stated that Nigel Finney would be the MAC alternate. 3) Jerry Norton was
appointed by the Minneapolis Chamber of Commerce as their representative to
MASAC and Arthur C. Tomes would now be the alternate. 4) The City of
Richfield sent a memo stating their representatives and alternates which are
as follows: Edwina Garcia(R), Donald Priebe(R), John G. Cartwright(A), and
Major John Hamilton(A). 5) The City of Bloomington notified MASAC the
following people would now be their representatives and alternates: Mark
Mahon(R), Roger Blessum(A), Robert Mood(R), and John Pidgeon(A).
Les Case's Retirement Party was discussed as to place, time and date. MASAC
received an invitation to the February 28th celebration beginning at 6:30
p.m. at the Rodeway inn in Bloomington. Cost is $19.50.
4. Technical Advisor's Preferential Runway System Utilization Report and
Complaint Summary Report.
The reports for the month of December were presented by Darrell Weslander.
5. Persons Wishing to Address the Council.
None / 7�7
PAGE THREE January 28, 1986
"DINNER BREAK"
6. Discussion and vote on Proposed Noise Abatement Actions - HNTB.
Jeff Hamiel proposed to delay the vote of the 29 HNTB proposals until the
HNTB staff has time to analyze the effect of the Northwest/Republic merger.
It was suggested that HNTB have two packages, one with the merger taken into
consideration and the second without the Northwest/Republic merger effect.
Bernie Friel moved that MASAC hear the current HNTB proposals during this
meeting in the February MASAC meeting HNTB present their recommendations
and then during the March or April meeting MASAC vote on the HNTB proposals
point by point. This motion was seconded by Scott Bunin and passed unani-
mously.
7. Report of MASAC Representative to MAC Meeting of January 21, 1986.
John Richter voiced disagreement with Ray Glumack's agenda item regarding a
New Airport.
8. Other Items Not on Agenda.
Briefly discussed the Operations:Committee Meeting held on January 15, 1986,
concerning the 1800 turn. The committee reported in continued support of a
southerly turn for some aircraft departing Runway 22.
9. Adiournment.
Meeting was adjourned at 9:05 p.m.
• --
i47
1985
'old Chamberlain 132
un -ups I
ilscellaneous 5
138
1986
-Id-Chamberlain Field 444
in -ups 6
scellaneous 45
Total 495
iscellaneous complaints In-
ludes helicopters and secon-
Iry airports.
St. Paul
Crystal
Miscellaneous
04
Apple Valley
Bloomington
Burnsville
Eagan
Edina
Inver Gr. Hts
Mendota Hts
Minneapolis
Richfield
Shakopee
St. Louis Pk
St. Paul
35
1
9 g
45 i
MINNEAPOLIS
6fro631oMA
23 35%
29% 63
A�
■
TO LDG
37
7
4
4
34
3
16
15
247
5
1
10
KI A
13
4
4
63
2
11.
97
RICHFIELD/
BLOOMINGTON
HOURLY PERCENTAGE USE OF RUNWAYS
381
0
64%
MINNEAPOLIS/ST. PAUL INTERNATIONAL AIRPORT
JANUARY, 1986
ST. PAUL/HIGHLAND PARK
14NN6fet%
F!/f:•
50;6 73
t
doft111
MENDOTA HEIGHTS/
EAGAN
OPERATIONS SUMMARY -
1986/1905
Itinerant:
Air Carrier
716
631
Commuter
78
62
General Aviation
148
150
Military
55
20
Local:
civil
36
23
Military
O
O
Total Average Dally Opns.
1033 /
914
CONSOLIDATED SCHEDULE (AC) _6/752
157/137 of these are 3rd level carriers
utilizing prop aircraft.
MONM OF ',anu.,i y, i ni
0 •
MINNEAPOLIS/ST. PAUL INTERNATIONAL COMPLAINT RECORD
Nighttime
Number of
Excessive. Structural
Activity
Restricted Ground
Run -ups Noise
Low
Flying
Secondary
Airports Miscellaneous
Date
Complaints
Noise Disturbance
Interruption
Hours
1
10
7 -
13
- - -
-
- -.
2
31
26 -
-
- 3
3
22
13 -
4
4
9
5 -
2
5
3
-
12
6
14
6 -
1
1
1 I
7
21
16 -
2
1 2
-
B
21
17 -
1
-
- 1 2
-_
2 _
9
17
12 -
-
10
16
6 -
3
11
15
7 1
5
3
I
I
1
_
13
17
8 -
14
21
10
15
25
17 -
2
-
16
16
13 -
-
17
13
7 -
2
_
18
25
10 1
9-
19
8
5 -
2
20
26
21 -
1
1
21
13
B I
3
- - -
-
22
5
3 -
-
3
23
19
16 -
_
-
24
17
12 -
1
25
8
4 -
2
26
10
4 1
2-
27
12
11 -
-
28
13
8 -
I
29
17
10 1
3
2
30
11
9 -
_
I
_ _
31
31
22 -
7
_ 1
495
317 5
62
- 6 19
41
35 10
JANUARY, 1986
NOISE COMPLAINTS
by
Category and Time,of Day
During January the following complaints were recorded:
Category
Number
Percentage
Excessive Noise
317
64.0%
Structural Disturbance
5
1.0%
Activity Interruption
62
12.5%
Nighttime Restricted Hours
-
-
Run -ups
6
1.2%
Ground Noise
119
3.8%
Low Flying
41
8.3%
Secondary Airports
35
7.1%
Miscellaneous
10
2.1%
495
100.0%
Time Number
2400 -
0559
29
0600 -
11.59
145
1200 -
1559
69
1600 -
1959
99
2000 -
2359
105
CAP
48
495
/J -,,o
L
1 EW
dr
A' DAKOTA COUNTY
' CHAMBERS OF COMMERCE
SALUTE TO THE PRESIDENTS PARTY
FRIDAY, MARCH 21, 1986
Mendakota Country Club
2075 Dodd Road, Mendota Heights
6:30 - 7:30 p.m. COCKTAIL HOUR
7:30 - 9:00 P.M. PRIME RIB DINNER
8:00 - 12:00 p.m. DANCING TO THE
JULES HERMAN ORCHESTRA
9:00 - 11:00 P.M. CASINO OPEN
($1,000 "Casino Money" to start
the evening)
11:15 - Auction of prizes for Casino
winnings
RESERVATIONS BY FEBRUARY 28,
1986
$27.50 per person
AFTER MARCH 1
$30.00 per person
(Reservations cancelled prior to March
15 receive full refund)
RSVP: Chamber Office, 1301
Corporate Center Drive #116, Eagan,
Mn, 55121, 452-9872
,4
.h
ry
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE
DATE: FEBRUARY 12, 19,86
SUBJECT: MARY POST SENIOR CITIZEN DEFERMENT APPLICATION
In response to the concern that was raised at the January 21, 1986
City Council meeting regarding the above referenced application, I
have checked the homestead status of the property. The Dakota
County Assessor's Office has a homestead card on file for both
January 2, 1985 (payable 1986 taxes) and January 2, 1986 (payable
1987 taxes). The application also states that the property is
homesteaded as of January 2, 1985. The application was completed
prior to the 1986 process.
Given this information I am processing the deferment as approved at
the January 21, 1986 meeting. If you or the City Council would like
to have the legality of this situation reviewed in more detail,
please advise. I am interested in establishing more controls on the
use of these deferments and will be proposing some changes as time
permits.
V
Finan Director City Clerk
EJV/hb —
/5z
APPLE VALLEY FIRE DEPARTMENT
OFFICE OF THE CHIEF
14200 Cedar Avenue
Apple Valley, Minnesota 55124
February 11, 1986
Fire Chief Bob Childers
Eagan Fire Department
3800 Pilot Knob Road
Eagan, Minnesota 55122
Dear Chief Childers,
On behalf of the Apple Valley Fire Department, I would like offer our
thanks gnce more for the assistance you gave our department.
On February 10, 1986, we responded to a mutual aid call in Lakeville,
which left our City very low on firefighters. Your department responded
to our call for mutual aid and stood by'at our Fire Station #2 for several
hours.
With combined efforts like this, we are able to serve the residents of
our.cities much more efficiently.
Thank you again for your prompt assistance.
0 --
It
✓XC: Eagan City Council
Sincerely,
APPLE VALLEY FIRE DEPARTMENT
Richard D. Tuthill
Fire Chief
l53
PROTECTIVE INSPECTIONS MONTHLY REPORT -
JANUARY 1986
NUMBER OF PERMITS ISSUED THIS MONTH YEAR-TO-DATE
Building
79
79
Electrical
Plumbing
71
61
71
61
HVAC
110
110
Water Softener
Signs
42
3
42
3
Well, Cesspool, Septic Tank
-
NATURE OF BUILDING PERMITS ISSUED
rkil 0 w7#7-ii-ilm
TOTAL INCLUDES B.P. FEE, SURCHARGE, P.R. FEE, SAC/ & WAC, WATER METER, ROAD UNIT, PARKS & TR. PL
1
TYPE
NO.
VALUATION
PERMIT' FEE
PLAN REV FEE
TOTAL FEE
FOUNDATION
26
60
SINGLE FAMILY
60
$ 4,782,000
$ 22,216.50
$ 11,108.00
$ 128 5.`
0
2
DUPLEX
2
128,000
650.00
325.00
4,140.(
0
4
TOWNHOUSE/CONDO
4
1,292,000
3,962.00
1,981.00
44,829..(
APT BLDGS
AGRICULTURAL
2
3
'COMMERCIAL
3
2,853,500
7,542.00
3,771.00
55,595.(
1
6
COMM/IND REMODEL
6
454,750.
1,87.2.00
880.75
2,980.;
COMM/IND ADDITION
INDUSTRIAL—
INSTITUTIONAL
PUBLIC FACILITIES
RES. GARAGES
1
RES. ADDITIONS
.1
4,000
44.50
---
46.'
SWIM POOL
5
3
MISCELLANEOUS
3
162,800
673.50
---
755.(
DEMOLISH
HOUSE MOVES
34
79
TOTALS
79
9,677,050
36,960.50
18,065.75
237,101.'
YEAR-TO-DATE
TOTAL INCLUDES B.P. FEE, SURCHARGE, P.R. FEE, SAC/ & WAC, WATER METER, ROAD UNIT, PARKS & TR. PL
1
PROTECTIVE INSPECTIONS - MONTHLY REPORT
DATE JANUARY 1986
MULTI -FAMILY BREAKDOWN
TYPE
/ OF
PERMITS
# OF
BUILDINGS
# OF
UNITS
VALUATION
PERMIT FEES
SURCHARGE
PLAN REVIEW
FEES
TOTAL FEES
3-PLEX
ADDRESS 8 LEGAL
OWNER
VALUATION
FEE
SURCHARGE
FEES
TOTAL FEES
OCCUP.
4-PLEX
1300 TOWN CENTRE DR
L 2 B 1 TOWN CTR 70 2N
FEDERAL LAND
2 800 000
, ,
7 183.00
,
1 140.00
3,591.50
55,029.50
COMM
6-PLEX
3801 PILOT KNOB RD
NW BELL
25,500
175.00
13.00
87.50
275.50
COMM
7-PLEX
L 2 B 1 SECT 21
8-PLEX
4
4
32
$ 1,292,000
$ 3;962.00
$ 646.00
$ 1,981.00
$ 44,82,9-\00
APT. BLDG
_ L 1, B 76; SECT 8
NW BELL
i
184.00
14.00
92.00
290.00
COMM
11482
4615 NICOLS RD
JET BURNER
15,000
110.50
7..50
---
118.00
COMM
TOTALS
4
4
32
1,292,000
3,962.00
646.00
1,981.00
44,829.00
l
C(1MMFRCTAT./TNDDSTRTAT. b TNSTTTTTTTONAT. BREAKDOWN
BLDG
PERMIT
STATE
PLAN REV
PERMIT it
ADDRESS 8 LEGAL
OWNER
VALUATION
FEE
SURCHARGE
FEES
TOTAL FEES
OCCUP.
11425
1300 TOWN CENTRE DR
L 2 B 1 TOWN CTR 70 2N
FEDERAL LAND
2 800 000
, ,
7 183.00
,
1 140.00
3,591.50
55,029.50
COMM
11441
3801 PILOT KNOB RD
NW BELL
25,500
175.00
13.00
87.50
275.50
COMM
_-
L 2 B 1 SECT 21
3381 SIBLEY MEM HWY
11442
_ L 1, B 76; SECT 8
NW BELL
28,000
184.00
14.00
92.00
290.00
COMM
11482
4615 NICOLS RD
JET BURNER
15,000
110.50
7..50
---
118.00
COMM
L 1, B 1, DURNINGS ADD
11468
1380 CORP CTR CURVE
L 2 B 2, EAG OFC PK 2N
NW MUT'L LI
11,750
92.50
_6.00
-46.25
'
144.75
COMM
3994 CEDARVALE DR
11459
L 8, B 6, SECT 19
JOHN LUNDGREN
20,000
140.50
10.00
70.25
220.75
COMM
1200 YANKEE DOODLE RD
11437
L 1, B 1, TOWN CTR 100
FEDERAL LAND
175,000
620.50
87.50
310.25
1,018.25
COMM
11420
1230 EAGAN IND RD
L 1-4 B 3 EAC CTR PK
NW MUT'L LIFE
40,000
242.50
20.50
121.25
384.25
.COMM -
11418
3110 NEIL ARMSTRONG BLV
50
96.50 -
332.75
1,094.75
COMM
L 3, B 1, EAG CORP SQ
NW'ML& LIFE
193,000
IMSPECT204/0FFICE ROARS
Building
Plumbing
UVAC
Administrative/Office
Fire Marshal
Miscellaneous
General Office -
Permit Processing -
N'LYBER OF PERMITS ISSUED'
Building
Electrical
Plumbing
IMA
11 er ftener
M 1 Ce spool, Septic Tank
S AsfAn
`_A BUILDING PERMITS ISSUED
PROTECTIVE INSPF.CTI0RS
MONTP.LY 1
MONTHLY REPORT
Type
JANUARY 1985
Valuation Permit Fee
Plen Check Fee
Total Fees
This Month
Year--o-Rete
196
196
156
156
3
3
50
50
33
33
81
81
143
143
268
268
This Month
Year -To -Date
34
34
81
81
34
34
69
69
2
2
11
11
I YTD
MONTP.LY 1
_
Type
Permits
Valuation Permit Fee
Plen Check Fee
Total Fees
26
Single Familv
26
S 1,962,000 $ 9,302.00
$ 4,651.00
3 52,950.50
1
Du lex
r
$ 128,755.50
0
2
--
Mult!-Fam11
650.00 325.00
4,140.00
-
4
2
g.cm.rcial
2
665,000 1,918.50
959.25
3,210.25
1
Induatrlal
I
180,000 633.00
316.50
L,696.50
AGRICULTURAL
Institutional
2
3
COM7ERCIAL
Ree. Gera e
1,542.00 3,771.00
55,595.00
1
PROTECTIVE INSPECTIONS MONTHLY REPORT -
NUMBER OF PERMITS ISSUED
Svim. Pool -
Building
- 2,980.75
79
5
Miscellaneous
5
20,360.00 224.50
Plumbing
235.50
34
TOTALS
34
2,827,360.00 12,078.00
5,926.75
56,092.75
Nater Softener
YEAR-TO-DATE 34
2.827,360.00 L2,078.00
5,926.75
58,092.75
• Total Fees Includes Building Permit Fee, Sur -Charge, Plan Check Fee, Wit Fee,
Water Connection Fee, Water Meter Fee and Road Unit Fee.
Also includes park dedication fee.
JANUARY 1986
TEAR -TO -DATE
79
NATURE OF BUILDING PERMITS ISSUED
1985 TTD MONTHLY
TYPE
NO. VALUATION
PERMIT 'FEE PLAN PEW FEE
TOTAL FEE
z' ,
tl
�r!'13r71
r ai
�
1
1
'
r
$ 128,755.50
0
2
DUPLEX
2 128,000
650.00 325.00
4,140.00
0
4
TOWNHOUSE/CONDO
"
3,962.00 1,981.00
44,829.00
3
AGRICULTURAL
2
3
COM7ERCIAL
3 2.853,500
1,542.00 3,771.00
55,595.00
1
PROTECTIVE INSPECTIONS MONTHLY REPORT -
NUMBER OF PERMITS ISSUED
THIS MONTH
Building
- 2,980.75
79
Electrical
71
Plumbing
INDUSTRIAL
61
HVAC
110
Nater Softener
42
Signs
PUBLIC FACILITIES
3
Well, Cesspool, Septic Tank
-
JANUARY 1986
TEAR -TO -DATE
79
NATURE OF BUILDING PERMITS ISSUED
1985 TTD MONTHLY
TOTAL INCLUDES B.P. FEE, SURCHARGE, P.R. FEE, SAC A NAC, NATER METER, ROAD UNIT, PARKS A TR. PLAN
TYPE
NO. VALUATION
PERMIT 'FEE PLAN PEW FEE
TOTAL FEE
FOUNDATION
26
60
SINGLE FAMILY
60 $ 4,782,000
S 22,216.50 $ 11,108.00
$ 128,755.50
0
2
DUPLEX
2 128,000
650.00 325.00
4,140.00
0
4
TOWNHOUSE/CONDO
4 1,292,000
3,962.00 1,981.00
44,829.00
APT SLOGS
AGRICULTURAL
2
3
COM7ERCIAL
3 2.853,500
1,542.00 3,771.00
55,595.00
1
6
COMM/IIID REMODEL
6 454,750
1,872.00 880.75
- 2,980.75
COMM/IND ADDITION
INDUSTRIAL
INSTITUTIONAL
PUBLIC FACILITIES
RES. GARAGES
I
RES. ADDITIONS
I 4.000
44.50 ---
46.50
SWIM POOL
5
3
MISCELLANEOUS
3 162,800
673.50 --
755.00
DEMOLISH
HOUSE MOVES
34
79
TOT"
79 9,677.050
36,960.50 18,065.75
237,101.75
IEAR-TO-DA
TOTAL INCLUDES B.P. FEE, SURCHARGE, P.R. FEE, SAC A NAC, NATER METER, ROAD UNIT, PARKS A TR. PLAN
N
I III 11' 1 1111
PU
league of .minneso
g to cities
POSITION PAPER
TORT LIABILITY AND INSURANCE
Background
Tort liability and the cost ,of insurance are two of the most
serious issues facing local governments today. The problems are
not limited to Minnesota. Local Governments throughout the
nation are faced with rising insurance costs and increased
liability exposure.
Suggestions for dealing with the cyclical nature of the insurance
industry usually focus on risk management and pooling mechanisms.
the League of Cities in the late 1970's sought and received
statutory authority to operate a self-insurance pool. The League
of Minnesota Cities Insurance Trust, in operation since June of
1980, has served to stabilize the cost of insurance for many
cities, instill additional competition in the insurance market
and, provide a safety net for cities when faced with non -renewal
notices and cancellations.
® Unfortunately, even with the League's insurance trust in
operation, the cost of protecting cities from liability claims is
high. While much of this cost is due to the cost of reinsurance,
it is also directly related to the number and size of claims
experienced by cities. Cities that are self-insured or still
have private company coverages are also adversely affected by a
tort system that allows cities to be sued for what appears to be
any injury suffered by an individual within the boundaries of the
city, and in several situations for damages occurring far outside
the boundaries ofcities.
The League continues to explore possible methods of reducing the
cost of insurance in the short -run, but also supports a
re-examination of the current tort liability system and possible
changes that will, in the long -run, protect the public interest
in fairly and reasonably reimbursing tort victims for injuries
caused by the federal, state and local governments while at the
same time ensuring that governmental officials will not be
prevented from providing varied and necessary governmental
services by the threat of unreasonable tort claims.
1 63 university avenue east, st. p � I, minnesota 551 01 (612)227-5600
s
Local government liability
There has been a great deal of debate concerning the "liability
explosion" local government faces. To some extent, the claimed
explosion is overstated, since prior to 1961, governmental
entities were immune from most lawsuits arising out of their
governmental activities. In 1962, however, the Minnesota ruled
the doctrine of sovereign immunity to be unconstitutional and
there has been a steady progression in tort liability claims and
awards since that time. Some estimates, however, indicate a
tripling of awards against governmental defendants over the past
five years. While volume may be debated, no practitioner can
deny that the claims being filed today are some of the most
innovative in asserting negligence on the part of governments.
Recent decisions by federal and state courts have increased
municipal liability by allowing recovery against local
governments for a broad range of activities and conduct. The
ability to collect judgments,'against local governments has also
created an increase in litigation for local governments since
they.are seen as a "deep pocket." These favorable decisions and
statutes have created an incentive to bring lawsuits against
local governments.
Chapter 466
As a result of the 1962 decision mentioned earlier, the
legislature in 1963 enacted Chapter 466, the Municipal Tort
Claims Act.
This act was enacted to protect the public treasury while giving
the citizens relief from the arbitrary, confusing and
administratively expensive doctrine of sovereign immunity. The
act has served that purpose well in the past, however, courts
frequently forget or ignore the positive benefits secured to
citizens damaged by public servants as a result of enactment of
the comprehensive act which includes some limitations on
liability and some qualifications of normal tort claims
procedure. In the twenty-four years since adoption of Chapter
466, several points have become apparent: 1) the courts will
narrowly construe -exceptions to liability or special procedural
rules; 2) because we have a result -oriented judicial system,
established distinctions or doctrines have been so rapidly.
changed as to negate most effectively the precedential value of
case law, and; 3) the rationale for preserving immunity, that
of lessening the financial burden on taxpayers and reducing the
chilling effects on government that unlimited tort liability
exposure creates, continues to be applied by the courts in some
cases.
Chapter 466 needs to be retained and strengthened. The extent of
exposure to unusual risks of municipal tort liability has no
counterpart in the private sector. No private person or
corporation must perform governmental services involving the
15�
•
•
41
s
health, safety, and welfare of the community. No profit or loss,
statement reflects the success or failure of a municipality. No
assets are shielded by bankruptcy in that the entire tax base of
a city,'town, school, county or special district is a-vailable for
tort recoveries. It is against the strongest public policy
considerations for government officials to be prevented from
acting to protect the public health,'sa`fety,'and welfare by the
threat of second-guessing by a tort litigant.
It is the position of the League of Minnesota Cities that changes
can be made which clarify and strengthen the tort •claims
limitation act while at the same time ensuring the fair and
reasonable reimbursement of tort victims for injuries caused by.
municipalities.
These changes include: ensuring the protections of Chapter 466
for joint powers organizations and boards; limiting liability
• claims based on snow or ice conditions on public sidewalks to
situations where the dangerous condition is affirmatively caused
by negligent acts of the municipality; conforming Chapter 466's
exceptions to liability to the exceptions in the state tort'
claims act to avoid possible equal protection.problems; providing
for state indemnification of municipalities when the municipality
is acting as an agent of the state; removing governmental
self-insurance pools from the oversight of the state commerce
department; limiting the exposure of municipalities to indirect
punitive damages awards, and; eliminating the joint and several
liability statute which could require that the taxpayers of a•
municipality found only.1% liable to pay 100% of a judgment.
O'CONNOR & HANNAN
ATTORNEYS AT LAW
C[ A O. NOL..11
EW IO MA"TOR
AND...
.
3800 IDS CENTER
Y'..LNBC.
VIRGINIA
v OI.. M. Lane
LOA
Jiu '». MAx Iv
BO SOUTH EIGHTH STREET
R. LONCRGAx
NNX...
I.LC1., WILLS
LESLIET,
MINNEAPOLIS, MINNESOTA 55402-2254
.GOM
MICHAELMANDATE
J.ORI NN v
N O.LR ITOTTC ALnLx BURG
16121 341-3800
..BEAT e. IASNOWIAY
OW
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IONIC ..... L
TELEX 29-0584
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EIECIAL COU... L.
,.,.GONNI,1.NN
TELECOPIER 16121 341-3800 12561
WILLIAM C, Kuv I.... ..1.1
DIRECT DIAL NUMBER
DENVER 0111CC WRNN...'on. A. D. 0111..
....IA ornc�
AN, TOAx CR O. COUNSLN•
MO HT C'
SUITE .CO SUITE SO.
ONE UNITED B.NM CCNTCA I .. ICx3TLNA AMENVL N.W.
MEzOUEx
oO..... .l.
MILES I BROS['
NL S: (OSIER•
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JOICIN N. SLATCMIORD•
EX
CMAN W.ONN
or..N..n WILLL'NT'A MAN I.DIr,BBeI
DAVIO BUNLINGAME' JOHN J -I
I.A.R I.W nae`
.WILLIAM R FISHMAN• N.I.OC.TnEi.-
MEMORANDUM
�Y
wunlx0avn
J. 0 CONNOR
EDWARD W_S BROOKE'
MARNTI
..
CHRIST - A. rLCIS'
ROOM LEE'
ROBERT HALCCIN
JGS[IN E. OILLOM
AN, TOAx CR O. COUNSLN•
MO HT C'
T ... AS N
NNA., R. uLL..COEr•
D A. MORGAN
MICHAEL J FERRELL•
GEORGE J. -x A JR.
C. A.OY
MILES I BROS['
NL S: (OSIER•
CILBEART
CT COENITCIN'
IiT[R M.I.DLON•
OMA! R. JOLLY•
BRRRT J. CU TLCR•
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PETER C..i33CL•
PATRICK C. O'Do. M ELL'
JS[� 'OEBIGIO'
RK IL .....
JOICIN N. SLATCMIORD•
EX
CMAN W.ONN
iI.
TMOTnT w...O.'CN.NCLNIDLISNL' S' •
M. BERLIN..• wm0 A. [ISSER•
TRECNLARRY 41v:ii01w9•S
•
ENEBOYLE' oTCA.
NLANwICGANo II. AHC CR•O.
our
TO: Directors-, Burnsville/Eagan Cable Communications •
Commission
FROM: Thomas D. Creighton, Legal Counsel
L
DATE: February 18, 1986
RE.: Group W Transfer --Commission Timetable
By memorandum dated January 14, 1986, the Commission was
advised of the cable television franchise ordinance proce-
dures relating to a transfer of ownership or control in
Group W and transfer of the franchise. This memorandum sets
forth the timetable for the Commission's review and recom-
mendation to the cities with respect to the request of Group
W based upon the franchise ordinance requirements.
1) Monday, February 10, '1986 -- Commission and cities
received official notice
from Group W requesting
approval for transfer of
ownership and transfer of
franchise.
2) Tuesday; February 18, 1986 --
//o
Commission staff delivers
copies of MUNICIPAL
REQUEST FOR INFORMATION
REGARDING REQUEST FOR
APPROVAL AND TRANSFER to
transferee to be completed
and returned within four-
teen (14) days.
•
/- 2
4 -
O'CONNOR & HANNAN
ATTORNEYS AT LAW
3) Tuesday, March 4, 1986
-- Transferee response to
MUNICIPAL REQUEST FOR
INFORMATION REGARDING
REQUEST FOR APPROVAL AND
TRANSFER received by Com-
mission staff. Commission
may request clarification
or additional information.
4) Wednesday, March 12, 1986
-- Commission must respond in
writing to Group W and
indicate either (i)
approval of the request'or
(ii) a determination that
a public hearing is neces-
sary. A public hearing is
required if Commission
determines that the sale
or transfer of the fran-
chise may adversely affect
the subscribers of Group
W.
5) Monday, March 17, 1986
-- If Commission determines
that a public hearing is
necessary, notice of the
public hearing (date,
time, place, and substance
of action) must be given
fourteen (14) days prior
to the hearing. The
notice must be published
_
once in a newspaper of
general circulation in
each City represented on
the Commission. NOTE: If
a City has notice require-
ments for public hearings
which are different than
above, the City's standard
notice requirements must
be followed. The Cable
Administrator should con-
tact each City for a
determination of proce-
dures and time require-
ments.
/- 2
4 -
t
O'CONNOR & HANNAN
ATTORNEYS AT LAW
6) Friday, April.11, 1986
7) Monday, April 14, 1986
8) Monday, May 12, 1986
-- Commission must hold a
public hearing on or
before this date, if it
determines a hearing is
necessary.
-- Commission should transmit
to Cities as soon as pos-
sible a recommended action
by the Cities regarding
the request of Group W.
-- Cities must approve'or
deny in writing the
request of Group W on or
before this date.
9) Monday, May 12, 1986 -- Cities notify the Minne-
sota Department of Com-
merce if approve request.
It is important to note that the above timetable repre-
sents the outermost dates for each step of the transfer
process. A more detailed schedule must be developed giving
due consideration to publication deadlines and scheduled
City Council meetings. It is likely that the Commission may
be required to meet in special session.
If you should have any questions, please feel free to
contact me.
Note: The timetable regarding the 60 -day period to exercise
a municipal option to purchase begins to run from receipt by
Cities of a purchase agreement,which the cable companies are
willing to accept. As to the transfer from Westinghouse to
the Consortium, the agreement was received February 11,
1986. Any determination to exercise an option to purchase
in this half of the transaction must be delivered to Group W
by April 12., 1986. No purchase agreement has been received
for the second half of the transaction -- from the
Consortium to North Central Cable Communications, L. P.
(Hauser). Therefore, the 60 -day period in which Cities may
exercise their option to purchase as to this half of the
transaction has not begun to run. Both 60 -day time periods,
once started, will run concurrently with the 90 -day time
period outlined above.
TDC:jlg
37 -
142-
'
•
40 BULLETIN
association of
metropolitan
municipalities
•\`il
FROM: AMM Staff
RE: Legislative Status and Update
1. STATE BUDGET BALANCING:
The House of Representatives has completed the first
stage of its version of solving the Biennium Budget
Crisis. Each major Appropriation and Spending
Committees developed a bill which then was compiled
into one Mega Bill by the House Rules Committee to be
sent to the floor. The thrust of the House plan is to
decrease State Department spending and funding of
various programs.
40 Unlike the Governors budget recommendation which reduced
city LGA by 8.1 percent and homestead credit by 8.8
percent for a total of about $32/million, the House bill
does not cut either of these programs. Likewise K-12
Education is basically held harmless. The House bill
does change the LGA payment schedule so that cities will
receive one-half July 15 and one-half December. 15. This
may cause some short term borrowing needs and create
future problems if additional cuts are needed towards
year end. Cuts to other programs will have an effect on
cities. About $12 million was cut from Metropolitan
Transit programs and the Vehicle Excise Tax transfer to
the Highway Fund was reversed, thus reducing the amount
of dollars available through the MSA Highway Fund
program. Finally the House bill extends the current LGA
Distribution Formula and only adds 3 percent for 1987.
The maximum increase was adjusted to 5 percent. This is
-1-
/63
183 University avenue east, st. paul, minnesota 55101 (612) 227-5600
February
25,
1986
®
TO:
AMM
Member Cities
FROM: AMM Staff
RE: Legislative Status and Update
1. STATE BUDGET BALANCING:
The House of Representatives has completed the first
stage of its version of solving the Biennium Budget
Crisis. Each major Appropriation and Spending
Committees developed a bill which then was compiled
into one Mega Bill by the House Rules Committee to be
sent to the floor. The thrust of the House plan is to
decrease State Department spending and funding of
various programs.
40 Unlike the Governors budget recommendation which reduced
city LGA by 8.1 percent and homestead credit by 8.8
percent for a total of about $32/million, the House bill
does not cut either of these programs. Likewise K-12
Education is basically held harmless. The House bill
does change the LGA payment schedule so that cities will
receive one-half July 15 and one-half December. 15. This
may cause some short term borrowing needs and create
future problems if additional cuts are needed towards
year end. Cuts to other programs will have an effect on
cities. About $12 million was cut from Metropolitan
Transit programs and the Vehicle Excise Tax transfer to
the Highway Fund was reversed, thus reducing the amount
of dollars available through the MSA Highway Fund
program. Finally the House bill extends the current LGA
Distribution Formula and only adds 3 percent for 1987.
The maximum increase was adjusted to 5 percent. This is
-1-
/63
183 University avenue east, st. paul, minnesota 55101 (612) 227-5600
less than .AMM and •LMC Policy calls for but greater than,the
Governors proposed 3 percent based on the reduced 1986
allocation.
The AMM and League of Minnesota Cities Policy concerning the
State Budget actions are identical. They call for•all components
of the state budget to be out equally without favor being granted
to one portion versus another in either cuts or restoration. We
also oppose shifting cash,flow problems from the state to local
units through payment changes. The LMC has recently sent each
official a packet of information containing more detail on policy
and the effect on cities of the Governors proposals. These
documents, along with your own knowledge of effects on your city,
should be used in discussions with your legislators.
The process is far from complete. The Senate is just beginning
to structure their plan. Contact should be made with Senators to •
emphasize the effects of cuts and the need to minimize as much as
possible reductions to local government. The final package will
be fashioned by a conference committee after both houses have
passed bills. Thus, contact with both Representatives and
Senators is still needed but we would urge you to concentrate on
the Senators for the next few days as the Senate begins shaping
its bill. Your immediate help is needed)
2. METR
REORGANIZATION,
The bill introduces new
Metropolitan Council and
1984 for appointments to
the Metropolitan Waste
Metropolitan Parks and 0
ures increa
process policy
Committee.
NIUS
procedures for appointments to the
extends the procedures established in
the Regional Transit Board (RTB) to both
Control Commission (MWCC) and the
pen Space Commission (MPOSC). Generally
se the role of metropolitan citizens
d are very similar to the appointment
E by the AMM's Metropolitan Agencies
The bill also establishes new requirements for waste water
treatment planning and transit planning. These requirements move
the agencies (RTB/MWCC) from capital facilities planning into
strategic planning for services and finance; increase the
linkage between policy setting and implementation; and reduce
the council's ability to intervene in agency operations. The
bill also requires increased met council and agency financial
planning and reporting to both the public and to the Legislature.
This new financial reporting requirement is also consistent with
the policy developed by the AMM's Metropolitan Agencies
Committee. This bill is on general orders in the House and has
passed out of Senate Local and Urban Affairs Committee and is
scheduled for action in Senate Govermental Operations on
3.
•
•
�,F. 1986.
REP. Bthe MWCC's
This bill would implement the changes recommended by
es the cost allocation method used by the
Rate Structure Task Force in its final report dated October 1 ,
1986• The bill changes olitan.disposa1 ,
MWCC in charging Communities for use of
politaneservice area with a
system. There would be asingoealltcommunities using the system,
help
uniform service rate app not exceed 7.5
It also at the Mrates° andabsuch afundemay fund tohelp
stabilize the annual provides for p
percent of the operations budget: The bill P
in the new cost allocation method over a four Year period.
_� a under
a an interceptors cc. - -' g
stem would see a gradual phased -in
Several communities which do not pay ears (1987-1990) until
the current oosteachooftthe next several y The
increase over metropolitan wide rate in 1991•
their rates are equal to thoe etroppposes lis bill. The bill is on the
AMM neither supports he ed
Senate Floor and is scheduled to be heard in the House Local and
e on February 27, 1986.
Urban Affairs Committe
q, FISCAL DISPARITIES UPDATE•
it does not appear that any changes will be made to
At this time, arit•es Law. The House Tax Committee held two
the Fiscal Disp several
on Fiscal Disparities and: disRep�egentative
partial meetings expressed by
runs containing various ideas exP public meetings and
Schre?ber. There was not consensus at the
there has not been any draft legislation. The Senate has not
Disparities at all. In light of other major
action this session, it seems highly unlikely
discussed Fiscal short time
legislation needing could occur in the
that any substantive action
available. We.will keep you posted should this situation change*
DISTRIBUTION NOTE:
This Bulletin is being mailed to Mayors, Managers/Administrators,.
and Designated Delegates.
/6
-3-
Assisting the community
and people challenged by disabilities
to live and work together
lio,ild 0.1ecl.ni February 22, 1986
9°roma Kilbourne / Cnaumon
Pnu quonh/Ncc CM1•9nnan
, I /s V.r, Ch,L,ain,°.
f 13,101 Arn°111
City
of Eagan
G+mm roman
'°"'K°"'°
3830
Pilot Knob Road
:an
so
I hope your.holiday season was the
best. one yet.
lean n; yV$=arlaF
P.O.
Box 21199
An, nPr LLne°„
Eagan, MN 55121
°Ilral
and other community leaders to the
Dakota County
Comm°mle APseurce Cummilltt
o°n,arar"„:
$fnal°r Mow,trtl Kn Ws°n
m air°i.
Dear Mayor Blomquist,
G+mm roman
WAh m Nawlmr°
III, seen N,, -r°
I hope your.holiday season was the
best. one yet.
I know it was
ca,1n a.uo
G.,Imnr Rg,,:an
for many of the kids who received
Christmas gifts
donated by you
;imp'Van R.,i.-I, M, U.
and other community leaders to the
Dakota County
Chamber of
`”""
commerce'. We were delighted to be
the recipients
of many of
°err•^ „_ara
oa"m 1,n—
those gifts.
E.°e°I'°e°I, 1- Christmas really is a special time for kids and some kids are
`°°'""" oueiV v s more special than others. I think you'd agree if you could meet
the boys and girls we're serving in Hastings, Rosemount, Inver
"n" °""°'°°'ar'°rr Grove Heights, Burnsville/Eagan and West St. Paul. If you'd be
interested in touring one of our program sites I'd be delighted
to show you around.
In order to give you a better idea as to what early intervention
is all about, I've taken the liberty of enclosing a brochure. If
you'd like to know more about the program, or any of the other
services we offer, just give me a call. I'd love to hear from
you.
Once again, thanks for having made last Christmas a great one for
all of us at Dakota, Inc.
Sincerely,
RJr Doughty
Director of Development
RD/dr
Dakola.Inc
6800'. Neill Drive
Eagan, MN 55121
612/.154.2]32
144
•
Federal ;i> Land Company
Yankee Square Office III • 3460 Washington Drive • Suite 202 • Eagan, Minnesota 55122 • Tel. 612-452-3303
February 24, 1986
Mr. Thomas Hedges, City Administrator
City of Eagan
P.O. Box 21-199
3830 Pilot Knob Road
Eagan, Mn. 55122
4 RE: Off -Sale Liquor License
Dear Mr. Hedges:
Federal Land Company wishes to obtain an Off -Sale Liquor License for
use in their Town Centre -Eagan Shopping Center. Upon inquiry I was
told that only 4 liquor licenses were available in the City of Eagan
and they have all currently been issued. The purpose of this letter
is to make a formal petition to grant an Off -Sale Liquor License for
use in our Town Centre -Eagan Shopping Center.
If you need any additional information, or you have any questions,
feel free to call.
Sincerely,
4 AJC
; X-tt-1-
Mark E. Battis
Legal Department, Attorney.
MEB/ap
X67