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05/06/1986 - City Council Regular�f Y ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA MAY 6, 1986 CITY ATTORNEY CITY ADMINISTRATOR Item 1. Remodeling of Parks and Protective Inspections. Work Stations Item 2., Auxiliary,Copy Machine DIRECTOR OF PUBLIC WORKS Item 1. Project 466, Pilot Knob Road (I -35E to Apple Valley), Review Proposals for Engineering Services Item 2. Project 419, Slaters Acres - Review Commissioners Condem- nation Award Item 3. Project 467, Wescott Road - Authorize Condemnation Acqui- sition Item 4. Project '455, Deerwood Drive - Approve City Appraiser's Acquisition Cost Estimates Item 5. Approve Final Plat, Safari 3rd Addition MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 5, 1986 SUBJECT: ADMINSTRATIVE AGENDA CITY ATTORNEY There are no items under City Attorney at this time. CITY ADMINISTRATOR Item 1. Remodeling of Parks and Protective Inspections Work Stations --During 1985 some remodeling occurred in the Finance and Administration Departments to provide better efficiency and traffic flow for existing employees and also create additional space for work stations for those new employees. During the past few months, the need to rearrange space in Parks and Recreation and Protective Inspections has also become necessary. A study was conducted to determine a better office arrangement which requires both of the demountable offices for the Chief Building Inspector and 'Director of Parks and Recreation to be ,slightly relocated which will require some expense for the demountable panels, electrical and relocation of telephones. Also with new employees there is need for the acquisition of landscape screens similar to those recently acquired and placed in Planning, Administration and Finance. The total cost estimate for the remodeling is $8,175. There is approximately $3000 within the Parks and. Recreation and Protection Inspections budgets under Capital Outlay that could be designated for these improvements. The balance which, is unappropriated is $4,275. The City Admini- strator is proposing that the 'remodeling occur and is requesting that '$4,275 be appropriated as a budget adjustment between Parks and Recreation and Protective Inspections. The City Administrator will explain more about the remodeling and the necessity for it upon questions at the meeting on Tuesday. with the knowledge that local government aid will be available and that building permits, breaking all projections, the general fund should have the balance to cover these expenses. ACTION TO BE CONSIDERED ON THIS ITEM: . To approve or deny the appropriation of $4,275 to provide remodeling for the Parks and Recreation and Protective Inspections Departments. Item 2. Auxiliary Copy Machine --Due to volume and usage, the City's IBM copier has been experiencing an increased down-time due to maintenance problems. With the increased' activity and growing volume of workload throughout administrative offices, the need for a back-up copy machine is a necessity. The City Administrator appointed a subcommittee made-up of Deputy Clerk and Purchasing Agent Liz Witt and three secretaries to investigate the availability of different copy machines to be used as back-up equipment at City Hall. It was not the intention of the City Administrator to duplicate a $25,000 to $35,000 piece of equipment similar to the IBM but to purchase a smaller piece of equipment that could be used when the IBM is either experiencing maintenance problems or when volume copy work is being performed, such as the City Council or Commission packets and other reports such as the budget and those types of documents. The Committee is suggesting either a Mita or a Monroe copier at a cost of $4,795 or $5,175 respectively. These machines provide some additional versatility that is not available with the City's IBM copier. The City Administrator is planning to review the findings of the Committee report at the staff meeting on Tuesday, May 6 and also ask if there are funds available within various departmental capital budgets to fund this piece of equipment. This item, like the remodeling for Parks and Recreation and Protective Inspections, was not budgeted for 1986.. The equipment is necessary and will provide a much greater efficiency throughout all departments. The City Administrator will discuss, in further detail., the need for the additional copier and also any funds that are available throughout City departments for the equipment. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the purchase of an additional copy machine for use at the Administration building. j Tom-/ PUBLIC WORKS DIRECTOR Item 1. Project 466, Pilot Knob Road (I -3'5E to Apple Valley), Review Proposals for Engineering Services --As a part of the County five-year .CIP, Pilot Knob Road is proposed to be upgraded from I -35E to Apple Valley in 1987. Also, because of the major inter- section reconstruction with Cliff Road, Cliff Road is also proposed to be upgrade in 1987 from Pilot Knob Road to Johnny Cake Ridge Road. Dakota County has contracted with the consulting engineering firm of Bennett, Ringrose, Wolsfeld (BRW) to perform the design work associated with Pilot Knob Road. The design work for Cliff Road is being performed by in-house personnel by Dakota County. Much of the preliminary engineering work has now been completed. In order for this project to become a reality in 1987, it will be necessary for the City to proceed with the related public hearings so that cost participation agreements and detailed plans can be approved this fall. Previously, the Council has already authorized the preparation of the feasibility report for this project. Due to the County's consulting engineer being involved in the detailed design work that has been performed to date, combined with past projects where the City has hired the County's consultant to prepare the feasibility report,, the Public Works director has requested BRW to submit a costs proposal for the preparation of the feasibility report for the Pilot Knob Road improvement. En- closed on pagesat! J.7$6 is their proposal indicating a maximum cost to the City of $5,250.00 for this report. The Public Works Director also requested that a proposal be submitted by the City's consultant engineering firm, Bonestroo, Rosene, Anderlik & Associates (BRA). A copy of their proposal is included on pages ,ems/ through 7_S7_— showing a maximum cost of $6,000.00 for this report. ACTION TO BE CONSIDERED ON THIS ITEM: To review the proposals for consulting engineering services for the feasibility report for Project .466 (Pilot Knob Road) and award the project to the most appropriate firm_ Item 2. Project 419, Slaters Acres - Review Commissioners Condem- nation Award --Project 419 provided for the installation of streets and utilities to service Slaters Acres, incorporating James Court. As a part of this project, sanitary sewer and storm sewer had to be constructed across Lot 6 which is presently undeveloped adjacent to .the pond to be controlled by the storm sewer. Because the City was unsuccessful in negotiating the acquisition of the easement, the Council authorized adverse condemnation. The City's appraiser estimated the amount of damages at $2,255.00, with the property owner' -s appraiser indicating $14,212.00. Through the condemnation process, three commissioners appointed by the County reviewed all information presented by both sides and established the amount of damages as $7,250.00. This information is being presented to the City Council for their review and consideration of accepting the commissioners' award and authorizing payment or rejecting; that amount and autho- rizing an appeal to district court, which would be initiated around May 15. Based cost estimates to date regarding the costs associated with easement -aquisition, if this award is approved, the construction costs of this project (does not include overhead) will have exceeded the feasibility report estimate by approximately $8.,000.00 (4%). The public works director and to discuss in further detail the regarding this item. city attorney will be available options available to the Council ACTION TO BE CONSIDERED ON THIS ITEM: Approve/reject the commis- sioners' condemnation award for Project 419, Slaters Acres and, if rejected, authorize the initiation of an appeal to district court. Item 3. Project 467, Wescott Road - Authorize Condemnation Acquisition—On March 19, the Council closed the public hearing and authorized the upgrading of Wescott Road from Lexington Avenue to one-half mile east. During the appropriation of the detailed design plans, the road alignment has been shifted as far south as possible to minimize the impact and/or acquisition of easements from the Bratland, Tilley & Dahl properties along the north side. However, although the City was able to avoid disturbance of the existing fence and tree buffer, minor encroach- ment will still be required for sloping easements. In addition, slope easements will be required across the backyard areas of the newly constructed single-family development along the south side. Due to the fact that it is anticipated that several of these acquisitions will have to be acquired through condemnation, the city attorney is requesting Council authorization to initiate condemnation action and hire an appraiser to evaluate resulting damages. ACTION TO BE CONSIDERED ON THIS ITEM': Authorize the acquisition of easements under Project 4'67, Wescott Road through adverse condemnation and the hiring of the city appraiser. Item 4. Project 455, Deerwood Drive - Approve City Appraiser's Acquisition Cost Estimates --At the January 21, 1986 public hearing, the Council ordered the improvement of Deerwood Drive and authorized the acquisition of required easements through condemnation if necessary. The City has since hired .an appraiser to evaluate the damages associated with both permanent and temporary easements required for this public improvement. Enclosed on pages .76-3 through aCL'5 is a copy of the preliminary city appraiser's report indicating the values placed on each of the properties. The city attorney is requesting Council action approving these amounts on authorizing aquisition through negotiation or payment of these amounts into district court to proceed with the condem- nation acquisition process. a�J ACTION TO BE CONSIDERED ON THIS ITEM: Approve the negotiated acquisition of easements for Project 455 (Deerwood Drive) at the city appraiser's determined amount or payment to district court of said amount for the adverse condemnation process. Item 5.. Approve Final Plat, Safari 3rd Addition --We have received the final plat application for the Safari 3rd addition located north of Safari Pass and east of I -315E,. Enclosed on page ca -6 is a copy of the proposed final plat which conforms with the preliminary plat approval granted by Council action on Mar 22 1984. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Safari 3rd Addition and authorize the Mayor and City Clerk to execute all related documents. PLANNING TRANSPORTATION LJLJ TRANSPORTATION ENGINEERING ARCHITECTURE BENNETT. RINGROSE. WOLSFELD. JARVIS. GARDNER. INC. • THRESHER SQUARE • 700 THIRD STREET SOUTH • MINNEAPOLIS, MN 55415 • PHONE 61213700700 May 1, 1986 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Pilot Knob Road Improvements 1-35E to Cliff Road PR07 Y&I. Dear Mayor and Members of the Council: BRW is currently providing final design engineering to Dakota County for the reconstruction of Pilot Knob Road (CSAH 31) from 1-35 to Cliff Road. The design services being provided to the County include the following: A. Complete layout of all existing right of way and platting adjacent to the county road. B. Layout of all "as -built" utilities affected by the county road. C. Design of new centerline grades. D. Design of new storm sewer. E. Relocation and adjustment of existing sanitary sewer and watermain appurtenances. F. Construction limits for the roadway grading. G. Easement and right-of-way acquisition documents necessary for roadway and utility improvements. H. Special provisions and cost estimates for all roadway improvements. Layout and design work for the roadway Is being completed using BRWTs existing McDonnell Douglas in-house CADD system. The system allows for maximum flexibi- lity and performance during production of the necessary documents for right-of- way acquisition, easement acquisition and construction drawings. As part of the county project, meetings have been held with Mr. Tom Colbert, City Engineer, to review the status of the project on an interim basis. Mr. Colbert stated that funding of City apportioned costs will be by special assessment, and will require a public hearing and feasibility report. D4VIO J. SENNETT DONALD W. RINGROSE RICHARD P WOLSFELD PETER E. JARVIS LAWRENCE J. GARDNER CRAIG A. AMUNDSEN DONALD E. HUNT MARK G. SWENSON JOHN B. McNAMARA MINNEAPOLIS DENVER BRECKENRIDGE d9q THOMAS F. CARROLL DONALD L. CRAIG PHOENIX Honorable Mayor May 1, 1986 Page 2 and City Council BRW would propose to prepare the feasibility report for the City of Eagan. BRWIs knowledge and involvement in all aspects of municipal improvements and the current project Is Ideally suited to provide the City of Eagan with a cost effective and compehensive feasibility report. Information to be Included In this feasibility report would be the following: '1. Project description F2. Outline of proposed improvements 0 3. Summary of project costs r 4. Method of financing o 5. Listing of benefitted properties c 6. Estimated assessments including proposed assessment role 7. Summary of right-of-way and easement acquisition c 8. Summary of City/County cost participation C, 9. Project schedule 10. Summary and recommendations In addition, we will prepare all graphic material necessary for presentation of the report to the Council and public. We will be available to describe in detail any aspect of the report necessary for a thorough understanding of all Interested parties. A major portion of the background information necessary for completion of this feasibility report has been collected. Preliminary design work has been completed and plans for County review were recently submitted. Timely produc- tion of this feasibility report can occur based on this existing activity. Preparation of the feasibility report is proposed to be based on a time and material basis with 'a not to exceed maximum price. Our fee would be based upon a multiplier of 2.8 x labor cost.' We estimate that our maximum fee to prepare this report would not exceed $5,250.00. Attachments to this letter summarize current in -formation regarding design of utility systems completed to date. If we can further explain this proposal or provide additional Information about BRW, Inc.,,�please let )is know. S1nc6ly,/ours, BENN Ty yGRO,fy-WQL$FE,-JARV I S-GARDNER, INC. J:\.Gard LJG/da a5D Bonestroo, Rosene, Anderlik & Associates, Inc. Or,. G. Bares... P.E. Glenn R. Cook, P.E. Ruben W. Rwene, P.E K ah A Gordan. Y.E. O JweYh C. Anderlik. Y.E. Th nn. E Noyes. Y.E. Bradlard A. L a,&,. P.E. Richard W. Fosur, P.E. Rirhurd E. Turno, P.E. Roben G. Sch.nxhl. P.E. 2335 W. Trunk Highway 36 Engineers & Architects lumen C. ORon. P.E. Marvin L: Sorrala, P.E. St. Paul, MN 55113 Donald C. Bargard,. P.E. .. Jerry A. Bourdon, A.E. 612.636.4600 Mark A. Hassan, P.E. Ted K. A,1d, P.E. Michael T. Ra.mans. P.E. April 30, 1986RECEIVED i^IV S\! J R.brn R. PJe/lrrle. P.E. D."d 0. Lwko,u. P.E. Thum. W. Pererron. P.E. Michael C. Lynch, P.E. City of Eagan Karr. L. H'illu. P.E. Jams R. Xf land. P.E. 3830 Pilot Knob Road Kennelh P. Andersen, P.E. Eagan, MN 55122 A'elrh A. Bachmann, P.E. hfark R. RalJs, P.E. - Rabe,, C. Rassek, ALA. Attn: Mr. Tom Colbert Thanw E. Angus, P.E. Sano L. Young, P.E. Charles A. Erirkean Re: Preliminary Report for Lm Al. P.0 inky Harlan M. Olson Pilot Knob Road Improvements Pot aF f�(�6 Susan M. EbrMn Eagan, Minnesota File No. 49380 Dear Sir: In accordance with your request, we propose to prepare a preliminary report covering the City of Eagan involvement with the improvement to Pilot Knob Road between I -35E and Cliff Road. The scope of this report will be similar to the preliminary reports which we customarily prepare for you on City of Eagan im- provement projects and would cover the following items: 6 A. Brief discussion of proposed improvements including: a. Utilities: 1. Sanitary Sewer 2. Water Main 3. Services 4. Storm Sewer b. Street Improvements T B. Easements i C. Area to be Included 3 6"D. Cost Estimates utilizing information from the County to determine City and County cost sharing totals. s,u E. Assessments including the preparation of a preliminary assessment roll. u F. A revenue schedule with the impact on the various Trunk Funds. 9 G. Proposed schedule of construction based on information received from Dakota County. We propose to prepare this preliminary report at our current hourly rate schedule. We have estimated that this cost should be between $5,000 to $6,000. The cost will not exceed $6,000 unless you desire additional informa- tion beyond the scope of report outlined above. 47694 Page 1. 30 Year ;�5'/ Anniversary City of Eagan Eagan, MN 55122 Re: File No. 49380 April 30, 1986 Our staff is prepared to proceed on this preliminary report as soon as author- ized. Completion of the report will be coordinated with the information re- ceived from Dakota County and in accordance with your wishes relative to the holding of the necessary public hearings. Please advise us of your wishes relative to this project. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. Robert W. Rosene RWR:li 4769d Page 2. �25v DABLEN & DVVM. INC. 1260 NORWEST CENTER TOWER • ST. PAUL, MINNESOTA 55101 • (612) 224-1381 DWIGHT W. DAHLEN, M.A.I., S.R.P.A. DANIEL E. DWYER BEVERLY H. DWYER MARK M. HANNAHAN Mr. Paul H. Hauge Hauge, Eide, and Keller, P.A. Watervi.ew Office Tower #303 1200 Yankee Doodle Road Eagan, Minnesota 55121 Dear Mr. Hauge: MICHAEL J. BETTENDORF, M.A.I. SCOTT C. PETERSEN MICHAEL P. McCLELLAN MARC E. KNOCHE April 29, 1986 Re: Easements PRA= Ys 5' Deerwood Drive Eagan, Minnesota In accordance with your request, I have made an inspection and an appraisal of 9 parcels located along Deerwood Drive between Pilot Knob Road and Interstate 35W. The purpose of these appraisals were to determine the value of temporary easements and permanent easements to be taken by the. City of Eagan for roadway and utility purposes. I have also determined damages, if any, due to the taking; along with values for trees that are to be removed as a result of the construction. I am forwarding to you in letter form my values for the easements, trees, and damages. The Formal appraisal reports are in the process of being prepared and will be delivered to your office within the next two weeks. Therefore, after an analysis of all factors, it is my opinion that the following values are applicable: Parcel # 10-02100-010-75 Permanent Easement (roadway) Temporary Easement Permanent Easement (utility) Total Parcel # 10-02100-010-77 Permanent Easement (roadway) Temporary Easement Total J-3 Dennis McCarthy et al $1,800.0.0 $3,400.00 $ 200.00 $5,400.00 Elmer 0. Heuer $ 400.00 $ 850.00 $1,250.00 Parcel # 10-02100-010-78 Permanent Easement (roadway) Temporary Easement Permanent Easement (utility) Total Parcel # 10-02100-010-08 Temporary Easement Trees Total Parcel # 10-02100-010-07 Permanent Easement (roadway) Temporary Easement Trees Total Parcel # 10-02100-020-03 Permanent Easement (roadway) Temporary Easement Trees Total Parcel # 10-02100-010-05 Permanent Easement (roadway) Temporary Easement Permanent Easement (utility) Trees Total Parcel # 10-02100-030-03 Permanent Easement (roadway) Temporary Easement Trees Garage Damages to remainder Total C2:511V Anna Heuer $ 100.00 $ 550.00 $ 250.00 $ qJ00.00 Henry Franz $ 250.00 $ 800.00 $1,050.00 Todd H. Franz $ 900.00 $ 850.00 $1,500.00 $3,250.00 Blackhawk Park Inc. $1,000.00 $1,700.00 $1,500.00 $4,200.00 Blackhawk Park Assoc. $1,300.00 $2,500.00 $ 400.00 $ 750.00 $4,950.00 George Dougherty $ 800.00 $1,350.00 $1,500.00 $ 500.00 $1,500.00 $5,650.00 Parcel # 10-02100-010-04 Floyd Bryant Permanent Easement (roadway) $1,650.00 Temporary Easement $1,800.00 Permanent Easement (utility) $ 450.00 Trees $1,800.00 Total $5,700.00 It should be thoroughly understood that this letter constitutes only a statement of the final value estimates, and that said value has been based upon a completed written appraisal. The written appraisal, although in rough form, has been prepared and retained in my files and is in the process of being formalized. I hereby certify that I have no present or contemplated future interest in the real estate that is the subject of this report and that I have no personal interest or bias with respect to the subject matter of the report or the parties involved and that the amount of the fee is not contingent upon reporting a predetermined value or upon the amount of the value estimates. I certify that, to the best of my knowledge and belief the statements of fact contained in the written appraisal, upon which the analysis, opinions and conclusions are based, are true and correct subject to the special and limiting conditions contained therein and that no one other than the undersigned prepared the analyses, conclusions and opinions concerning real estate that are to be set forth in the formal appraisal reports. Should you have any questions regarding this matter, please do not hesitate to call. DED/bjs Yours very truly, DAHLEN & DWYE I Daniel E. Dwyer a55 - x. . as THE SAFARI THIRD` ADDITION r IQIN LPC M xVE OF, 3V Ih !!3, i 2"R'23 b' •+ ^ _ �• m 752 00 1 519. 50'22•E - 1'faloage ulE utility eeeemente are shown o a thus gL_ ^raoal ." ,rJ30LLM1 nnm ,T� 493 PP e,m _ E•i r- S", ,,%• / \\ t'\ LF). SIIM1lMC �. morel SlEn � J,B I J.E I' P• / 1 -a • �� �� • rt _•• OqyBeing 5 feet In Il kith, unless otherwise f• indicated, and adjoining lot lines, and 11 feet In mldth and adjoining street to Jv0 .o 3 \}' 112", 2ij 264.x1 2,..26 4 f•:' i1'nee, prams. tnerwta. SnG<ated'oe. S O 2 T -I b.i \ POND Y 'P the plat. -I f �A p c^I 5�si I:;C \ Y•M1~ Md,—. FIIE-oPTur— - a 7 FAS W •n.y.•.• ( o fi 941 '`•� ` ae'e2 to ° / e J8 °j^y, war01 ELE'C2RN M of IED • W' r0 `y e • , x; area. 329! rt o "++ _ ... - I_Xo �f"l li 13�s+��\a. •P F e.� $ pe Lxcvo-I32n �•.� _ x P See // e. o� .p .. �$$. •�.' ri - - _ L � • C pK, v ;• •�, /a Z, k ♦� vi a"4 \ peds�yoE �. f 4 sPP.Er . p\ N+i 8 b' �3jd21 f � D .e y42 K Q;rx e]6�`� �� .w . ��� +• �' - �� tmr Ne b.\ - / 4,Pd J .� \ �`6 Vr „w ;; E's OS;•M • `.1 / s= h u O P lPE 1Li1 j161� .1 3r, STP3a 3r 9%22 X71 5 'L . d: or 'QOM Dr i ilde jP ���--3 ym �? 15: tern- Ss eir`SE s\ .,6 e• 4 1 16 1 = 4�ea ts� J / - /, � 9I \Id dWd.Y `81 'g 1i i � J ;�O •� i °� HH i GT' � � 6�K�6• Y.. Yy 1- 6 )0 �j 'p F - Pass O 53� 5df'; E1 ��ze d _J !O 1\4_ '�O r°'9L?'�'dlf el\ to- m X 2 C DI .1 r•f• s+ ° e ; '�A4 i� S }. c ,J�••:.:%�•A;t':. � v.°°!;°af1 ���e H �'• ?' .. t PK 3 :ait 0-f b .°�iA. WIL ao8"tea) P, `i ocPi r" 41 � I ti�' NORTH 1.01— - �s2 1 \ems S - _ - roar 200 ]Po yF i PO \ 3LaL[ IN FEET y? \ 6LPLL: I incF I00 feel ``F•• The rnou[h•l ins or Ln` North..s.. Nett n.teh° m—rd, peens 13 ae.ue.d to n°.�. . 6he mt of line o 99 de Norte 50 • • 33 • ands G• Den I/: neh ho 14 i.eh l n pf pe kh Pla°[,a up wa M1ed "RLS L b625", units .,he esier •now. [ w / 1 Q/ 3FNCN NAM Top hydrant in nutnu [ quadrant Safari pre. and Lfen Trail. EI- 975 46 6e[ lN.ew'D^ - 19291 Is �y DETAIL Nor I/• XE V4 Sw UI ][.Ih k 1 ID lN.ew'D^ - 19291 Is �y DETAIL !Cd"� I INCA • W FEET Y • 1 ID LOT p•4 �9• . y`t P LOT \ \Sf•\ are 5\J 6 1PUI raw EaSENEW D@. No W S2 F O• ... - DELMAR H. SCHWANZ ex l LAND SURVEYORS INC. ?'I AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL MAY 6, 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 TL Z IV. 6:55 - CONSENT AGENDA P, 9 A. Contractor Licenses B. Personnel Items �y C. Correction of March 25, 1986, Special City Council Minutes �pp /3 D. Proclamation for Flag Day, June 14 d.l� E. Eagan 4th of July Association Funding Appropriation ll1{�,i5 F. Consideration of City Surplus Property 1(o G. Approve Final Plat, R. L. Johnson 2nd Addition /7 H. Approve Cost Participation Agreements. with Dakota County 111 (Projects 427, 461, & 463) 'x•18 I. Approve State Aid Resolution for Stage Construction (Wescott Road) . 7-0 J. Vacate Utility Easements, Receive Petition/Order Public Hearing / (Eagandale Lemay Lake Addition) P.1-0 K. Approve Final Plat, Oak Cliff 4th Addition P.az L. Change Order #2, Contract 85-5, Cedar Industrial Park (Trunk Storm Sewer) p,23 M. Vacate Highway Slope Easement, Receive Petition/Order Public / Hearing (Clearview Addition) -p. ?3 N. Project 427 & 461, Approve Traffic Signal Agreement (Yankee "� Doodle Road) FZy 0. Approve Final Plat, Town Centre 70, 3rd Addition P.74, P. Contract 86-6, Approve Excavation Agreement with Independent School District #196 (Deerwood Drive) 7.7 Q. Approve Final Plat, Greensboro Addition R. Approve Final Plat, Stuart's Addition 3Y S. Authorization to Sell Used Police Car •33 T. Approve Final Plat, Eagan Convenience Center Addition y.0 U. Approve Final Plat, Advent Methodist Church Addition 3Q V. Approve Final Plat, Lemay Lake Hills Addition P Vt9W. Project 460, Nicola Road, Approve Resolution Requesting State I Aid Designation V. 7:00 - PUBLIC HEARINGS A. Public Hearing for the Vacation of Drainage, Utility and Ponding Easements (Lexington Place South Addition) P•�:7 B. Public Hearing for the Vacation of Utility and Drainage Easements (Lone Oak Addition) C. Public Hearing for the Vacation of a Portion of a Utility Easement (Brittany 7th Addition) Continued from April 15, 1986, City Council meeting 1 PUBLIC BEARINGS (continued) 749 D. Public Hearing for the Vacation of Common Lot Line Drainage and / Utility Easements (Wescott Hills 4th Addition) p.$L E. Public Hearing for Project 448R, Pond LP -55 - Storm Sewer Outlet (Ches Mar 4th Addition) p-73 F. Public Hearing for Project 472 (Clearview Addition - Streets) VI., // OLD BUSINESS A. Approve Site Plan and Grading Permit EX09-056, Sperry Marketing Facility p Q/o B. Consider Distribution of Draft Sperry Tax Increment Financing / Plan and Set Date for Public Hearing PQ7 C. Consideration of Request to Amend Off -Sale Liquor License Policy .y7� D. Extension for Eagan 40 Planned Development and a Preliminary / Plat of Deerfield Addition Containing 324 Apartment Units on Approximately 40 Acres Located at County Road 30 and Thomas Lake Road, NW 1/4 of Section 28 119 E. Comprehensive Plan Amendment (Northwestern Mutual Life) to RB (Roadside Business) and Preliminary Plat of Lemay Lake 2nd Addition for Residence Inn Consisting of a 120 Unit Hotel on 4.36 Acres Located Within Lemay Lake 2nd Addition Planned Development, South of Lone Oak Road and West of I -35E, N 1/2 of Section 10 F. Comprehensive Plan Amendment (Fairway Hills - Derrick Land Company) from R -II (Mixed Residential) to R-1 (Single -Family Residential) and Preliminary Plat Containing 137 Single -Family Lots on Approximately 60 Acres Located in SE Quadrant of Cliff Road and Pilot Knob Road, NW 1/4 of Section 34 VII. NEW BUSINESS P.iseo A. Consideration of 1986 City Code Revisions x,701 B. Mr. & Mrs. Thomas Wirkus, Request for a Building Permit to Construct a Pole Barn at 1533 Lone Oak Road P.zlr C. Variance to Setback Requirements, Mark Johnson Construction, Lot 1, Block 3, Windtree 3rd Addition, Located at Windtree Drive and Elrene Road, SW 1/4 of Section 13 VIII. ADDITIONAL ITEMS A. Contract 86-6, Receive Bids/Award Contract (Deerwood Drive) T-117 B. Contract 86-10, Receive Bids/Order Final Assessment Hearing (Eagandale Center Industrial Park) pP2151 C. Contract 86-4, Receive Bids/Award Contract (Brittany 9th) zzi D. Contract 86-12, Approve Plans/Authorize Advertisement for Bids (Pumphouse 118) 21L E. Contract 86-1, Receive Bids/Award Contract.(Park Construction) p 12�( F. Contract 86-9, Receive Bids/Award Contract (Park Shelters) �'y24G. Contract 86-15, Approve Plans/Authorize Advertisement for Bids (Hampton Heights - Trunk Water Main) I%. VISITORS TO�BE HEARD (for those persons not on the agenda) X. ADJOURNMENT W MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS i FROM: CITY ADMINISTRATOR HEDGES DATE,: May 1, 1986 SUBJECT: AGENDA INFORMATION After approval is given to the May 6, 1986, agenda and regular City Council meeting minutes for the April 15 meeting, the follow- ing items are in order for consideration: � •e On future agendas various departments will not be listed under Department Head Business. A general agenda item entitled, "Depart- ment Head Business," will appear and those departments that have specific items of business before the City Council will be outlined and addressed in the official agenda information packet. This change is merely intended to streamline the agenda and agenda information and does not change an ongoing tradition of department heads appearing and presenting business before the City Council during the first one-half hour of the meeting. A. PUBLIC WORKS DEPARTMENT There are two (2) items to be considered under the Public Works Department. 1. Highview Avenue - Pet'tion for Street Improvements --Enclosed on pages Z-, through is a copy of a letter and related petition that was submitted to the Public Works Director,requesting that the remaining 600 feet of Highview Avenue adjacent to Pilot Knob Road, be upgraded to City standards with concrete curb and gutter and bituminous surfacing. Enclosed on page �� is a map showing the relationship of the petitioners to the requested improvement. There are 76 individuals representing 48 properties identified on this petition. Mr. Martin has indicated that several of these property owners will be in attendance at the May 6 meeting, to express their concerns regarding the present condition of this remaining unpaved section of Highview Avenue and their request to have it brought to City standards. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to upgrade Highview Avenue and to approve/deny the preparation of a feasibility report and formal public hearing. r CE 1':i':. April 8, 1986 Tom Colbert Eagan Public Works Director 3830 Pilot Knob Road Eagan, MN 55122 Dear Tom, I'm writing to call your attention to the deplorable condition of Highview Ave. in northern Eagan from Pilot Knob to approx- imately 600 feet west of Pilot Knob. As you may be aware, this section of Highview Ave. was left untouched in 1980 when the rest of the street was upgraded by installing curb, gutter, storm sewer and blacktop. In the spring this road becomes a quagmire of mud and potholes; summer brings almost unbearable dust as well as complaints to the Public Works Department requesting that something be done to settle the dust. These conditions contribute to extra- ordinarily high maintenance costs which are borne by all resi- dents of the city. This letter will serve as notice that a petition to upgrade ® this road is being circulated and will be brought to the Council for their thoughtful consideration and action within the next few weeks. Please feel free to contact me if you have any questions. Sincerely, Ed Martin 1474 Highview Ave. Eagan, MN 55121 Phone: 454-4193 7 z 4 vy�/ TO THE EAGAN CITY COUNCIL: REC`IVED 1-4,AY We the undersigned, respectfully request that the Eagan City Council undertake a feasibility study to consider upgrading that portion of Highview Ave. from Pilot Knob Road to approximately 600 feet west, from gravel to a bituminous surface. NAME ADDRESS 42- Ffd /y7) �jr�irirw '� X473 C j GUS �J(�i Je4c-) !�73-��61v/PK7' �f57�45 TO THE EAGAN CITY COUNCIL: RECEIVED 11m, 15813' We the undersigned, respectfully request that the Eagan City Council undertake a feasibility study to consider upgrading that portion of Highview Ave. from Pilot Knob Road to approximately 600 feet west, from gravel to a bituminous surface.: NAME ADDRESS 7L Ile Q_ 0,74 Z. A TO THE EAGAN CITY COUNCIL: RECEIVE[) f r^" 19ub• We the undersigned, respectfully request that the Eagan City Council undertake a feasibility study to consider upgrading that portion of Highview Ave. from Pilot Knob Road to approximately 600 feet west, from gravel to a bituminous surface. NAME ADDRESS SO i 7 376 �, 1, Low n ,:fir" '� ;G�•= TO THE EAGAN CITY COUNCIL: We the undersigned, respectfully request that the Eagan City Council undertake a feasibility study to consider upgrading that portion of Highview Ave. from Pilot Knob Road to approximately 600 feet west, from gravel to a bituminous surface. NAME ADDRESS -7'?C5 s Z //sa -73yo ��L.,�L�_.�.,, 4�rf 7oZl l�7( Q�� c✓ru„> eros-c^� — it IT ,o go so Es (MSEC. 4a T27, R 23 HIGHVIEW AVENUE PETITIONERS 7 lr G7 -/VI E VV .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ I I . . . . . . . . . . . . . :a`':::: I . . . 222 . . . . . . . . . . . . I . . . . . 113T ... ............... . ..... ...... ....... . .. ........ ........ ........ ..... ................ ..... 7 lr G7 -/VI E VV GN OF E.goD \n 020-75 2 PARK Of E.g.n 7 .......... Ma v A . ....... .. .. ... ROAD EA.T DOC .0 533809 1 . ....... . ........ . .. . ..... .................... .......... . ..... ... . ............................. ............................. .... ...... A .... Z.*"..'.,.,.,.,,,,, ................. ......... .... ... ...... ......... . HIGHVIEW 1< A CD ................................. . p ....... ................................. ....................... clly f Fagan......... .................... .......... o 4-00 r. ......... .................... .......... ..... .......... GN OF E.goD \n 020-75 2 PARK Of E.g.n 7 Agenda Information Memo May 6, 1986, City Council Meeting Page Two 2. Project 467, Wescott Road - Limits,:;of Improvement --At the March 19 public hearing, several comments were made regarding limiting the extent of the Wescott Road improvement to only that portion from Lexington Avenue to 1/2 mile to the east (power - line crossing). Based on complaints regarding the anticipated increased traffic volume on the remaining unpaved portion, the Council requests the staff to investigate the feasibility of extending this roadway improvement to its connection with the paved portion near South Hills. Due to the fact that significant grading and utility installations would be required prior to permanent standard street construction, it is premature to continue this proposed improvement based on the undeveloped property along this remaining segment. Any interim road improvement would be lost at such time that required utilities would be extended along this -segment. The estimated cost to place a temporary 2"' bituminous overlay is approximately $20,000. This would provide a life expectancy of approximately 10-12 years. A reduced option would involve the placement of a double seal coat at an estimated cost of $8,500. This would have a life expectancy of approximately 4-5 years. If either of these improvements were proposed to be constructed, it is recommended that some of the costs be recovered through an assessment against adjacent property that is developed, due to the benefits received from dust control. Therefore, staff would like to receive some direction from Council as to whether ® any type of temporary surface improvement should be proposed for the easterly extension of the proposed Wescott Road improve- ment. ACTION TO BE CONSIDERED ON THIS ITEM: To determine the type of improvement and proposed funding for temporary street surfacing of Wescott Road from the high -line crossing to South Hills Addition. Agenda Information Memo May 6, 1986, City Council Meeting Page Three There are twenty-three (.23) 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 de -tail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. CONTRACTOR LICENSES A. Contractor Licenses --Attached on page /Z5 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. CONTRACTORS LICENSES May 6, 1986 General Contractors Licenses 1. Alran Construction Co. 'Inc. 2. Anderson -Soderman 3. Bach Building Corp. 4. Design -A -Home, Inc. 5. Hiner Development, Inc. 6. McMullen/Moselle & Assoc., Inc. 7. L. M. Peterson Co. 8. SES Contracting Co. 9. David Schweich Const. 10. Ed Steele Construction 11. James Steele Construction 12. VanLaechen Construction ® 13. Vogelpohl Construction 14. Bryan Voight Construction, Inc. 15. Winchell's Construction Homeowner 1. David J. Mroziwski Heating & Ventilating 1. Boehm Heating Co. 2. Metro Brothers Hts & A/C 1. Burkhardt Plumbing ® 2. Lakeville Plbg. & Htg. 3. LeVahn Bros. 4. Marque Plbg. 5. McDonald's Plbg. 6. North Star Plbg. & Htg. 16 Agenda Information Memo May 6, 1986, City Council Meeting Page Four PERSONNEL ITEMS B. PERSONNEL ITEMS': There are three (3) items to be considered under Personnel: Item 1, Consulting 'Building Inspectors --Due to the record pace of building permit applications, the Protective Inspections Department is recommending that two (2) additional consultants be retained to perform building inspection in the City of Eagan. The two persons recommended as consulting inspectors are Mr. Paul Heimkes who resides in Eagan and Mr. Mark Anderson, a resident of south Minneapolis. Mr. Heimkes is a draftsman and has a certified Class I Building Inspector license and holds an Associate Degree in building inspection,. Mr_Anderson also has an Associate Degree in building inspection and is a consultant truth in housing inspector with the City of Minneapolis. The City budgeted $92,400 for professional services which is the budgetary account for consulting building inspectors. It is the full intention of the Chief Building Inspector to keep the consulting expenses within the amount budgeted in 1986 including dollars allocated for a full-time, clerk -typist that was authorized recently. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Mr. Mark Anderson and Mr. Heimkes as consulting building inspectors. Item 2, Part -Time Police Dispatcher --Thirty-six applications were received for this position vacancy. Of this number, eighteen applicants were given vocal, written and typing tests and eight were then interviewed by the Office Manager, a police sergeant and a dispatcher. Two finalists were selected who were then intereviewed by Captain Geagan. It is their recommendation that Theresa Rainwater be hired to fill the part-time dispatcher vacancy effective May 7, 1986. Ms. Rainwater has successfully completed her physical examination requirement - ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Theresa Rainwater as a part-time police dispatcher, effective May 7, 1986. Item 3, Clerk -Typist, Protective Inspections/Parks--Nine appli- cations were received for this position vacancy. Of this number, four applicants were given written and typing tests and were interviewed by Chief Building Official Peterson, Inspections/ Parks Secretary Severson and Administrative Assistant Duffy. It is, their recommendation that Shelley Ketcham be hired to fill the clerk -typist vacancy effective April 21, 1986. Ms. Ketcham has successfully completed her physical examination requirement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Shelley Ketcham as a full-time, clerk -typist for the Protective Inspections/Parks Departments, effective April 21, 1986.. Agenda Information Memo May 6, 1986, City Council Meeting Page Five CORRECTION OF SPECIAL CITY COUNCIL MINUTES C. Correction of March 25, 1986, Special City Council Minutes --A special City Council meeting was held on March 25, 1986. The minutes of that meeting were approved at the April 15, 1986, meeting., Upon further review of those special meeting minutes, it was ,noted that the date was inadvertantly referenced as March 21 instead of March 25 and should therefore, be corrected. It was also discovered that action pertaining to .the grading permit for the Lexington Square 3rd Addition was not recorded; therefore„ the special meeting minutes for the March 25, 1986, meeting should be corrected to properlyreflect the correct date of the meeting and secondly, include the following paragraph: GRADING PERMIT/LEXINGTON 3RD ADDITION • "City Administrator Hedges reported that a grading permit for the Lexington Square 3rd Addition is in order for consideration. He stated that Meritor Development Corporation has submitted all documents to the Engineering Division and would like to start their grading that same week. After a brief review of the grading permit request, and in a motion by City Councilmember Wachter, seconded by City Councilmember Egan, with all members voting in favor, the grading permit for the Lexington Square 3rd Addition, as requested by Meritor Development Corporation, was given appro- val." ACTION TO BE CONSIDERED ON THIS ITEM: To amend the March 25, 1986, special City Council minutes by providing the aforementioned correc- tions. n U �y Agenda Information Memo May 6, 1986, City Council Meeting Page Six PROCLAMATION/FLAG DAY D. Proclamation for Flag Day, June 14 --The City has received a letter from the National Flag Day Foundation asking that the City proclaim June 14 as National Flag Day. There is a special request- contained within the proclamation that all citizens within our community and state pause at 7:00 p.m., EDT, on this date for the seventh annual Pause for the Pledge and recite with all Americans the Pledge of Allegiance to our flag a d nation. For a copy of the proclamation refer to page. There are other festivities that the City could involve it elf in such as, an official Flag Day committee to conduct certain • ceremonial activities. Information is available if the City Council would like to pursue an additional activities beyond the official proclamation. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the• National Flag Day proclamation for June 14,, 1986. 13 41agDay Information National Flag Day Committee 418 South Broadway Baltimore, Maryland 21231 301 -563 -FLAG SAMPLE PROCLAMATION • P R O C L A M A T I O N NATIONAL FLAG DAY June 14, 1986 Pause For The Pledge of Allegiance FLAG DAY USA + lune 14, 7 p.m. (EDT) WHEREAS, by Act of the Congress of the United States dated June 14, 1777, the first official flag of the United States was adopted; and WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year was designated "National Flag Day;" and WHEREAS, the Congress has requested the President to issue annually a proclamation designating the week in which June 14 occurs as National Flag • Week; and WHEREAS, on December 8, 1982 the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE of Allegiance as part of National Flag Day ceremonies; and WHEREAS, the President of the United States at the national ceremony held in Baltimore, Maryland on June 14, 1985, led the Pledge of Allegiance; and WHEREAS, the Congress and the President of the United States officially declared by Resolution that 1986 is the Year of the Flag; and WHEREAS, Flag Day celebrates our nation's symbol of unity and stands for our country's devotion to freedom to the rule of all and the equal rights of all: NOW, THEREFORE, I (Your Name and Title), do hereby proclaim June 14, 1986 as Flag Day in (Your State) and urge all citizens of (Your State) to pause at 7:00 p.m. EDT on this date for the Seventh annual PAUSE FOR THE PLEDGE and recite with all Americans the Pledge of Allegiance to our Flag and Nation. A Program of the National Flag Day Foundation, Inc., Baltimore, Maryland. Agenda Information Memo May 6, 198'6, City Council Meeting Page Seven EAGAN FOURTH OF JULY/APPROPRIATION E. Eagan Fourth of July Association Funding Appropriation --The City of Eagan has budgeted an annual appropriation to the Fourth of July Association in the amount of $1,000 to help sponsor the various weekend celebration events. As a part of the 1986 annual budget, a $1,000 appropriation was appropriated for the Fourth of July event. The City is unable to obtain insurance for a fireworks celebration. Due to that potential liability, a letter of transmittal should be sent by the City Administrator with the funding appropriation that the Fourth of July Association must have adequate insurance if a fireworks display is to be continued as a part of the weekend festivities. If there is no objection when this item is reviewed as a part of the Consent Agenda, that • letter of transmittal will be sent to the Fourth of July Associa- tion. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a $1,000 appro- priation to the Eagan Fourth of July Association as authorized in the 1986 budget. CITY SURPLUS PROPERTY F. Consideration of City Surplus Property --There are several pieces of equipment throughout various City departments that are obsolete and have no value to the City, " The Director of Finance has asked that all department" heads provide a list of this equipment and that the equipment be declared as surplus property and sold as a part of the Police auction this spring. For a list of the equipment, the City Administrator will provide ® additional information as a part of the Administrative Agenda or at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To declare certain equipment as surplus property and authorize the sale thereof at the Police auction. Agenda Information Memo May 6, 1986, City Council Meeting Page Eight APPROVE FINAL PLAT, R.L. JOHNSON 2ND ADDITION G. Approve Final Plat, R.L. Johnson 2nd Addition --We have received an application for final plat approval for the R.L. Johnson 2nd Addition located between T.H. 13 and Comsery Drive. As the Council recalls, a building permit was prematurely issued in August of 1985, with the understanding that the developer would immediate- ly proceed with the final plat application process. However, due to the developer's reluctance, on April 1 the City Council authorized the issuance of a stop work order until all final plat application processes had been satisfactorily completed. All final plat application materials have now been submitted, • reviewed by staff and found to be in order for approval by Council action. Enclosed on pageis a copy of the proposed final plat which conforms with the reliminary plat approved by Council action on July 2, 1985. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the R.L. Johnson 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. • 0 0 R. L. JOHNSON 2ND ADDITION — e7 11iwr[ ITL LOCIT*m Ilx� / I / IU ICA I r.u�Y_ 11—rn P' .L.....v.•..-L /-. Loo • t�1n�_�1.1..r n. Iwl Y Yom, u llu .. 11 rr Yr, n—YY. .Yn.r u 1 rlrl. 8r / 'aC? n° wo m w F /yL[ I[LL � / OrTla! /tYr nWMr/1i /i�On //` 189 "`• / dwr.. Iq_1.cx un[x .. / Pwa —ked °, Lunt N° Bnf .v . j� IlY 1TrM.nal..ly r.le o% ou/lol A. pS.1t/ned peor.rg p% Nat'I>'LO-E Cal""' ^ 91 IN .]Q /ml lllilEn.e"rnl No 91364 I`LL\ y / r;; rrlll rrr r_u..,. 1_n rl:r�.r.1 Yr .. •• I..d Sol �.^ I.I.:r �. _ Ir .I.1. —,••,• r• ,Y .. 1. Deli ITII{n tgYl, I.T1. Y .1. ir1.. 1111 n i r� ^y I nr—IT Yrr,[ Y YI YI M wu n .Y [ [ 1.'Y. IY[ n L 'Y•v Ynll—[ fiy.'law[n4. 1 .—w [�.nr. _ IIIA t=•Ia Vi• y [�Irr1_ Ir1n1 r _r 11iwr[ 1u11 O nYYu r.u�Y_ 11—rn / / .L.....v.•..-L /-. Loo • t�1n�_�1.1..r n. Iwl Y Yom, u llu .. 11 rr Yr, n—YY. .Yn.r u 1 rlrl. / 'aC? n° wo m w F /yL[ I[LL Ir . u... / OrTla! /tYr nWMr/1i /i�On uu rlu rr r_ rr.n. r p �Yl rr / dwr.. Iq_1.cx un[x .. / Pwa —ked °, Lunt N° Bnf .v . j� IlY 1TrM.nal..ly r.le o% ou/lol A. pS.1t/ned peor.rg p% Nat'I>'LO-E r;; rrlll rrr r_u..,. 1_n rl:r�.r.1 Yr .. •• I..d Sol �.^ I.I.:r �. _ Ir .I.1. —,••,• r• ,Y .. 1. Deli ITII{n tgYl, I.T1. Y .1. ir1.. 1111 n i r� ^y I nr—IT Yrr,[ Y YI YI M wu n .Y [ [ 1.'Y. IY[ n L 'Y•v Ynll—[ fiy.'law[n4. 1 .—w [�.nr. _ IIIA t=•Ia Vi• y [�Irr1_ Ir1n1 r _r r Y1.r_Y YY1 ...r 1•.-11....L•r 1..._.o . u—. a—, — 1.11.1.1— —r. CHO E.gS �^J Ld MADSONINC E r c 1 o EXHIBIT °A" Page 1 of 2 11iwr[ 1u11 O nYYu r.u�Y_ 11—rn rp • t�1n�_�1.1..r n. Iwl 1 n 1Y� Yr rI Yom, u llu .. 11 rr Yr, n—YY. .Yn.r u 1 rlrl. Ir . u... ....[ [ tYlln IIL ur n n—uu. 101. uu rlu rr r_ rr.n. r p �Yl rr 11 _' 11 r Y1.r_Y YY1 ...r 1•.-11....L•r 1..._.o . u—. a—, — 1.11.1.1— —r. CHO E.gS �^J Ld MADSONINC E r c 1 o EXHIBIT °A" Page 1 of 2 Agenda Information Memo May 6, 1986, City Council Meeting Page Nine PROJECT 427, 461 AND 463 APPROVE COST PARTICIPATION AGREEMENTS H. Approve Cost Participation Agreements with Dakota County Projects 427, 461, and 463, (Yankee Doodle Road and Cliff Road Upgrading) --During 1986, Dakota County plans to upgrade Yankee Doodle Road from T.H. 13 to Federal Drive (Project 427), Yankee Doodle Road from I -35E to Lexington Avenue (Project 461) and Cliff Road from T.H. 3 to C.R. 71 in Inver Grove Heights (Project 463). As a part of all county road improvements within the City of Eagan, a cost participation agreement is necessary to define ® the various financial responsibilities associated with design, construction and contract management. These agreements have been reviewed by the City Attorney and Public Works Director and found to be in order for favorable Council action. Information pertaining to the schedule of the various projects is provided under the Additional Information Memo attached to this packet. ACTION TO BE CONSIDERED ON THIS ITEM: Approve the Cost Partici- pation Agreements with Dakota County for Projects 427, 461 and 463 (Yankee Doodle Road and Cliff Road -Street Upgrading) and authorize the Mayor and City Clerk to execute all related documents. 86-13, APPROVE STATE AID RESOLUTION I. Approve State Aid Resolution for Stage Construction (Wescott Road) --With 'the proposed development of the adjacent land for ® the Greensboro Addition and Lexington Square 4th Additions, the Public Works Director is strongly recommending that the final bituminous wear surface be deleted from this proposed contract and constructed under a separate contract late in the 1987 construc- tion season. This delay is. beneficial by allowing the majority of the adjacent development construction activity to occur before placing the final wearing surface. Also, any patching or repair- ing that may be necessitated through potential trench settlements during the first freeze/thaw cycle can be repaired prior to the placement of the final wearing surface. This will result in a better looking and longer lasting finished product. Due to the fact that this. is a municipal state aid street construction and state aid policies do not provide for financing stage construc- tion, a formal resolution is required whereby the City will commit itself to constructing the final wear course under a City contract in 1987. Enclosed on page -t is a copy of the resolution as prepared and recommended by he is of Public Works for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: Approve the resolution for Contract 86-13, requesting state aid authorization for stage construction Of Wescott Road and authorize the Mayor and City Clerk to execute all related documents. /0117 RESOLUTION CITY OF EAGAN MSAS 195-106-04, WESCOTT ROAD STAGE CONSTRUCTION - WEARING SURFACE CITY CONTRACT 86-13 WHEREAS, the City Council of Eagan, Minnesota, Dakota County has designated Wescott Road a Municipal State Aid street (0106); and WHEREAS, on March 19, 1986, a public hearing was held and the City Council authorized the upgrading of Wescott Road from Lexington Avenue to 1/2 mile to the east; and WHEREAS, this improvement is proposed to be constructed under City Contract 86-13 during 1986; and ® WHEREAS, the City will be requesting reimbursement from this Municipal State Aid allocation under MSAS Project 195-106-04; and WHEREAS, the adjacent property is scheduled for intensified development construction activity during 1986; and WHEREAS, it would be in the best interests of the City and the life of this referenced roadway to delay the final wearing surface until the majority of the development activity has occurred; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Minnesota that the final wearing surface originally proposed under Contract 86-13 (MSAS Project 195-106-04) be deleted for construction during 1986; and BE IT FURTHER RESOLVED that the City Council of Eagan, Minnesota ® hereby commits to construct the final bituminous wearing surface during 1987 under a subsequent City contract. Date: CITY COUNCIL MOTION BY: CITY OF EAGAN SECONDED BY: ATTEST: _City Clerk MEMBERS IN FAVOR: BY: MEMBERS OPPOSED: Mayor CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing is a true and correct copy of a RESOLUTION adopted by the City Council of the City of Eagan, Dakota County, Minnesota, on , 19_ E.J. VanOverbeke, City Clerk City of Eagan /9 Agenda Information Memo May 6, 1986, City Council Meeting Page Ten VACATE UTILITY EASEMENTS/EAGANDALE LEMAY LAKE ADDITION J. Vacate utility Easements, Receive Petition/Order Public Hearing (Eagandale Lemay Lake Addition) --Later on this agenda, the Council will be considering the preliminary plat approval for the Lemay Lake 2nd Addition as recommended for approval by the Planning Commission. If this preliminary plat is subse- quently approved, it would be in order for the Council to consider receiving a petition to vacate the street and utility easements that were dedicated with the Eagandale Lemay Lake lst Addition. This vacation is necessary to accommodate the change in road access associated with the proposed 2nd Addition. All application materials are in order for Council consideration of scheduling, the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: Receive the petition to vacate street and utility easements for Eagandale Lemay Lake Addition and schedule the public hearing to be held June 3, 1986. FINAL PLAT/OAK CLIFF 4TH ADDITION K. Approve Final Plat, Oak Cliff 4th Addition --We have received an application for final plat approval for the Oak Cliff 4th Addition located west of Slaters Road adjacent to the Burnsville corporate border. Enclosed on pagec>.7/ is a copy of the proposed final plat which conforms with the preliminary plat approved ® by Council action on March 22, 1984. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council consideration. ACTION TO- BE CONSIDERED ON THIS ITEM: To approve the final plat for the Oak Cliff 4th Addition and authorize the Mayor and City Clerk to execute all related documents. EXHIBIT "'A" OAK CLIFF 4TH ADDITION I q is L6 �_ sa SCALE IN FEET' •-UNLESSDENOTES 1/2 INCE tIf FOUND N ! ' MNLC6! OTHERWISE ]110WN SHOWN / O- DENOTE] 1/2 INCE 6T 15 INCH IRON MONUMENT / SET MARRED WITH REGISTRATION NO. 16065 UNLESS OTHERWISE SHOWN 1 THEWEST LINE OF THE NWI/q OF SECTION 31,TZTN, 8.231, HAS AN AS SUMEO 6E APING OF S 0.23'42•E 9 11 L-,: •.) r 1 II ' j a �:� 1` �r, lHCa^.,=AY WAY r r i 44L,�,-;-�� rte_ t I L.�3... 1 ) I m 1 14 aL q ] T '�E)��� ' �19 llpl jj%C"�^J �J r JAMES S-nEE7 —�a•„,ti. ''ter TAFFY ..u.,E ftp¢ L I )U AL1)f i Imo('. .L.: X12 I'i� I •) ..7 3 I c VICINITY MAP PE8006 IN"r-'ai 'r l"'i�'Swlr IIOIIIEERINO COMPANY, INC. SHEET I OF 1 SHEETS Agenda Information Memo May 6, 1986, City Council Meeting Page Eleven CHANGE ORDER #2/CEDAR INDUSTRIAL PARK - TRUNK STORM SEWER L. Change Order #2, Contract 85-5, Cedar Industrial Park - Trunk Storm Sewer --Contract 85-5 provided for the installation of the major trunk storm sewer outlet through the Cedar Industrial Park down to the Minnesota River Valley. Part of this construction involved crossing Shawnee Road and the existing utilities within that right-of-way. At the time of construction, it was discovered that the existing water main was lower than anticipated or ,shown on previous as -built plans, resulting in a conflict with the elevation of the proposed storm sewer crossing. Subsequently, this water main had to be relocated to accommodate this new construction. The estimated cost of this relocation will result in an additional '$13,861.90 to the contract. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 85-5 for the Cedar Industrial Park trunk storm sewer and authorize the Mayor and City Clerk to execute all related documents. VACATE EIGHWAY SLOPE EASEMENT/CLEARVIEW ADDITION' M. Vacate Highway Slope Easement, Receive Petition/Order Public Hearing (Clearview Addition and Cliff Road') --With the construction of Johnny Cake Ridge Road to the zoo and the related upgrading of Cliff Road to the west in 1977, Dakota County acquired a highway slope easement across a portion of the front yard area of Lot 10, Block 3, Clearview Addition. The property owner now wishes to have that slope easement vacated to allow the construction of a detached garage which would meet all other City setback and ordinance requirements. On November 19, 1985, the Council passed a resolution indicating they would not have any objections to the County releasing and transferring those rights conveyed under the slope easement to the City for formal vacation. Subsequently, the County Board by resolution, released all rights and transferred the slope easement to the City jurisdiction. We have now received a formal petition from the property owner requesting vacation of the slope easement. All application materials have been submitted, reviewed by staff and found to be in order for Council consideration of scheduling the formal public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate a highway slope easement for Lot 10, Block 3, Clearview Addition and schedule the public hearing to be held June 3, 1986. PROJECT 427 & 461/TRAFFIC SIGNAL AGREEMENT (YANKEE DOODLE ROAD) • N. Project 427 & 461, Appiove Traffic Signal Agreement with Dakota County (Yankee Doodle Road) --As a part of the upgrading of Yankee Doodle Road from Trunk Highway 13 to Federal Drive (Project 4.27) and from I -35E to Lexington Avenue (Project 461), Dakota County is proposing to install traffic signals with the intersec- tions of Blue Cross/Heritage Road, Federal Drive/Sperry entrance and Lexington Avenue. Dakota County has prepared a formal agree- ment delineating cost participation and future maintenance responsi- bilities which is being presented to the Council for their formal approval. All conditions of this traffic signal agreement are consistent with existing policies and similar past agreements and is being recommended for favorable action. ACTION TO BE CONSIDERED ON THIS ITEM: Approve traffic signal agreement for Project 427 and 461 with Dakota County for Yankee Doodle Road improvement and authorize the Mayor and City Clerk to execute all related documents. .�2_3 Agenda Information Memo May 6, 1986, City Council Meeting Page- Twelve APPROVE FINAL PLAT, TOWN CENTRE 70 3RD ADDITION o. Approve Final Plat for Town Centre 70 3rd Addition --We have received an application for final plat approval for the Town Centre 70 3rd Addition located south of Yankee Doodle Road and west of Denmark Avenue which will be the site of a future Burger King fast food restaurant. Enclosed on page .F5 is a copy of the final plat which conforms with the preliminary plat approval granted by Council on February 5, 1985. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ® ACTION TO BE CONSIDERED ON THIS ITEM: To approve final plat for the Town Centre 70 3rd Addition and authorize the Mayor and City Clerk to execute all related documents. a;� *EXHIBIT " TOWN CENTRE 70 THIRD ADDITION z r.w r.ar .r r.. L••ii r Ilr 1 IY+n.rp rl nlq W lr�s rr r•Y Y WI. rY rY1M Y Ylr x114. FYrr Irq -+r1 x1. r• W.. • wW uq ��4 b+Y. qw. LyL IIL\ r11YN W Yilln Yr•.r11 Y- YY y 1.1 r 'Y.I.Y .Y YleNly I.1 Ilr. Y YIy 11.\ 1 4 I. n1Y r...l•u.ly 1.4.rl 11x1 YYY LINr•ilx IYY.N. Y Y. Y• 1� ; i.'11.'•� �. 1.7111'7, 1 II1,�„ V �:�� 1D 7ANKLF DOOD1.0 ii4[Ili - Ar. L Y, bYY 111.111 MIb j.11lh w. Y'1�% wit.. uw/,/,. .,tf:J 1 >:rii;,'1•'l;C s W rn.q/ h N.[[ wVLurr 1Y4 1•YNI W rY..Fr 1 wrr. Yql \w lYrwlh rY'.> Y.ur I IN NII,.IY LYurIW nr.Yr N4YIr Y W LMNr1 Y.4Y LIu1 A \IY-IIr. WrNr 1. 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W Llh 6r•11 Y 1 '..! . r... .w1 nr..N laY1 V1:1:-- _.._.r..._� _ Lln PVi1L P LYIL[, •IrpglL r Y r..1.1 Ih. Yo r wrW. hY. nY .YI YL r •1•f•r.1 YIL �w'rr F Yi[:r1lT•r�.�.lilPlTl$TjlL�ilYF - - .•L•; ` 1 Yr..r vlllt Y.1 Y Yr. hr 4Y Nur U M1r W I.r rY11YL q W. L1L1 Y '•1 •'' p.• IOnL 11 nlr LPltlu Y.. w rll r1b �- Y/ Y ,\� {.,," e:,:1rr.::rT,,:roa'�.�4,11FipR:: j1i•. Y Y11.1W L.w - W 4I.r1u W.rY YI[ Yr Y� 11� •' 1��+ td.Tr lsll.:; 1 wr rrlllr Y.4 4LIr Ix11 x..r ..r IIIr 1. 4Y .111E Y W L.r\r uraYr 4 1.1YL 11_. 1r .'.I.r rr4 M YY Ylr 1YYW IL �''••+ YY N Y N� hN - - - NIm"I'll LAND lul R!W PI -AT • r - •. /� TQWN :r it CENTRE of .:. , it T L 110 T IL I c ' OUTLOT A ,II BLOCK I I I• I Y 70 FIk3T IIAUUI'in%tJ .. ..o, 1 UR IV I: l n / :F: LAND AD D; 1'l0N Ftl_ L Y, bYY 111.111 MIb j.11lh w. Y'1�% wit.. uw/,/,. .,tf:J 1 >:rii;,'1•'l;C s W rn.q/ h N.[[ wVLurr 1Y4 1•YNI W rY..Fr 1 wrr. Yql \w lYrwlh rY'.> Y.ur I IN NII,.IY LYurIW nr.Yr N4YIr Y W LMNr1 Y.4Y LIu1 A \IY-IIr. WrNr 1. TNI [[y.[ If r1Yr LY�IYIr/r 1Yr/IIY Y LY .1W .1Y 4Yr•Yr rr 4Y rr ur W N.YrL o Vrr YnO 11 nlr \Plh•w W WIwIP W, r rrr•• .1•rwl .4L rJrr•1 YJ L^.Y.. LI..rW. pr.rYl YrLMYI.r w .1LY1 IY/L Nrgl• lu Y u.W Lr qrM L. Lnlr. W YIY. I. CJq, Nr4Yr. to. IYr.YL YP NTYr . •11nw Corr;-: nrtir F cn: r'hlr:. •iT Y1.L II .n4Wr111 1 M1 I.�MIy IY11r1 Y1 W1rlr.lr Fh,L Y YI• 4r ou.rr ._..._I N IL Lr Fr1r YIYr Nrr W --{GI YI41[ I. Y1PI :r. . YiiJ%, � YYIt'N rLYrY 4Y YYrq, Y.rw. Pr111 YI4FnLlt, •ITT:r1TIT1: _- r1.n IYIu r.wv..\I��•u',�� •, 1 Yr.Nr .ru 11Y 4 4 1 u wrY rY rlrrrN 4 .. \ \OP t 1dtl.1 =,r o� rul 1.. an •.4 1wu-�nlr �rW Y1 k,1 Yn.• " a 11r .L.n rY Naru JLrarJY..r. lr.. lul ai r Lx. r..rYM'. L Y wl .. rxllr YYw.r q LL1 rla.,, LI4rr,L1Y Yw.r. la N.IW W yYr WL r W.... '� I;• uY.xY W InYUF F. h\L r4 [YmY YIr[LFLI \Y wMIF ruwrur. Lu 11 llwu W MYrYi.rJ Fw. q YY nn Y 1 u . F ..q1 r. YVYr. •1-4r. glunurr' -- rnn1-- - tiYW-rrTir-_F�_•�••�u. YFY. .IYY.LL. Y ,1-Y gr1.1Y \ul Y Yr Y r. w 11_. W Llh 6r•11 Y 1 '..! . r... .w1 nr..N laY1 V1:1:-- _.._.r..._� _ Lln PVi1L P LYIL[, •IrpglL r Y r..1.1 Ih. Yo r wrW. hY. nY .YI YL r •1•f•r.1 YIL �w'rr F Yi[:r1lT•r�.�.lilPlTl$TjlL�ilYF - - .•L•; ` 1 Yr..r vlllt Y.1 Y Yr. hr 4Y Nur U M1r W I.r rY11YL q W. L1L1 Y '•1 •'' p.• IOnL 11 nlr LPltlu Y.. w rll r1b �- Y/ Y ,\� {.,," e:,:1rr.::rT,,:roa'�.�4,11FipR:: j1i•. Y Y11.1W L.w - W 4I.r1u W.rY YI[ Yr Y� 11� •' 1��+ td.Tr lsll.:; 1 wr rrlllr Y.4 4LIr Ix11 x..r ..r IIIr 1. 4Y .111E Y W L.r\r uraYr 4 1.1YL 11_. 1r .'.I.r rr4 M YY Ylr 1YYW IL �''••+ YY N Y N� hN - - - NIm"I'll LAND lul Agenda Information Memo May 6, 1986, City Council Meeting Page Thirteen CONTRACT 86-6, APPROVE EXCAVATION AGREEMENT DI P. Contract 86-6, Approve Excavation Agreement with Independent School District #196 (Deerwood Drive) --In order to construct Deerwood Drive to Municipal State Aid standards, substantial cuts and fills along this roadway are required resulting in a shortage of approximately 50,000 C.Y. of fill material. Normal contract specifications would require the contractor to provide this material from some offsight location at a cost estimated between $2.50 and $3.00 per cubic yard. As a part of the Deerwood Elementary School development, approxi- mately 40,000 C.Y. of excess material will be generated. The City has negotiated an agreement with Independent School District #196 to have this excess material stockpiled adjacent to Deerwood Drive and purchased by the City for use in the construction of Deerwood Drive at a cost of $.75 per cubic yard. This results in a substantial savings to both the City and the school as compared to the cost each would have to spend to either acquire or dispose of this quantity of material. The Public Works Director and City Attorney have reviewed the agreement prepared by the school district and are recommending that the Council approve the execution of this agreement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the excavation agreement for Contract 86-6 (Deerwood Drive) with Independent ® School District #196 and authorize the Mayor and City Clerk to execute all related documents. SO Agenda Information Memo May 6, 1986, City Council Meeting Page Fourteen APPROVE FINAL PLAT., GREENSBORO ADDITION Q. Approve Final Plat, Greensboro Addition --We have received an application for final plat approval for the Greensboro Addition located north of Wescott Road nd south of Carriage Hills Golf Course.. Enclosed on page 2� is a copy of the final plat which conforms to the preliminary plat approved by Council action on February 18, 1986. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: Approve the final plat for the Greensboro Addition and au-thorize the Mayor and City • Clerk to execute all related documents. LJ aq GREENSBORO POND 3 1326.1 POND 2`] xvv LINE FIRST ADDITION 4POND 4 •t' N89°555''1\55"W �{'j O ZURvzr ONE .'i(' POND 5 t�. O y° xir SURVEY LINE r Y 1 o I _aIS°ar.e.E � xJ \\\ 5 SO W '6F VA OF /� as adp so w 18a °ar]IL3 °M m I,z x e.]Aowt//o 9. J•ro VW / / rJ OSs OJs• , ° / 1O r_. N o qJi l ]3D JL 9]OO L 9] _ JJb is 0 9 8' �0 R - Y Sf i PONDI p i 2 w aD _JI yg�. CXOSSIC ..>:a �e� r -- .ter PE oD`.'>\• \$ v��!.8>y� . : c 6 z. 6.- S. "- s>+o _, c.+a edEw'a�\ q b /j'S^,•,d \\\y/ -�. in $I . q.n a9!ee\ ..Y ^o;e'' / \G ;L / �, •`• I 4 mlll ,ap9'�8 aJ'��Lp ti.,,i ,'`• �� i✓ � -' IaDm __j L_ .I xo__� 5 �8.� R ,R.ogf E'Asaz9.•'a,e 6,rP .\.beet'/'I'i• / 1 �SUxvEr 181 T $iaSo+D 7 �v' n� 14 : le_Jto94 _� u_.xo_ laa ��. \�m• \ 33 13 °' J,ov; �J Bi , y ' / BYw „ fi-8 _- _81'x.-i.r+/o�4b o. Im 1 i8 2 v yam; °:'a• _�oO__J L J I �x••H\a W. ��^/ •��\\\I'2 �� COY fi��F �S E r!) fra� ---1 ¢' Srvea^al eeE-I RIO F£ W�, �]\s• p^n°.' - J \ W a FN 5 81 m IR I :I ai i' a /4'\\.° / `. \. 'a, .a./%I I.' n L\�I]o o_oJ W_ lo3 ei)I F� �� ,.]n'.�T a. "gym ��\]'6•/�'.+N �^ .I Iia N o —, ¢"J •J up 'C, r. •/' .P .+r_ /. �\ K`.v/•`C LVIAVEr4 81 INS im N Bi •RE�EN580R0^ °u 4 y \ '�•,D�f 9 / uW L_J]4DDJ 8 Ea.-3]od'i e°5zr \ 5- IJb�°I �'YS 9:.8 POND 1N�o ml lea rbo S\ y� c Bo'b o -I T 3� io 8 z m I 4 m11. 5 ln: F9 9C •8. _ I all"..Y1Y.A: ISO.m _ J ' r xm-^]i ae'E- 1. /�F . z z la z i :I . I I o -' .�" irk• fq sws _` I`"�ouL ]o .x.".2 IB N • a , : ♦ : �I o''�° 7 eb0�°�.. om- °• . \\ b. "1I / I z0] er _ _ _ _ I. SO J: � _ _ _ eoe xa- WE SCOTT ROAD a°"--------�81 8 om _ .;•`]••I 1325. B8 EAST 8 LeY. CORNER W sEl/. D1SWIM • CO L SOOT" LINE01 ]E"' Oi S' I" SFE. I. • TRP x>, ROE :3SLC. IRS ° x'. ROE 35 m I DELMAR H. SCHWANZ LAND SURVEYORS INC. EXHIBIT "A" 40 Agenda Information Memo May 6, 1986, City Council Meeting Page Fifteen APPROVE FINAL PLAT, STUART'S ADDITION R. Approve Final Plat, Stuart's Addition --We have received an application for final plat approval for the Stuart's Addition located south of Yankee Doodle Road and east of Lexington Avenue. This addition is a continuation of the Carriage Hills •condiminium complex originally developed in the Tomark Addition in that vicinity. Enclosed on page ,30-'31 is a copy of the proposed final plat which conforms to the conditions of the preliminary plat approved by Council action on February 18, 1986. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Stuart's Addition and authorize the Mayor and City Clerk to execute all related documents. M h° �IIrV.I allr�._ EXHIBIT "'All IlI is ` 1• I • I J/' ItiYI// 60LFVIEW PFIVE ./ lar r3, rl 1 L 1, I , � .. n r tl P L' 1' ••W' J -B L O IC K r., lo. ..............I..............: s...wlo:i1 is :iom unnw. V• i ....r... .1/ ... I .1 • .r�.., M. Y.I., nn cwuu er ucu, mwm. r•••• nn .T:.1. r 1. r.. m .n.. m u.a 4I........ . 1'1'. r.. . ::::,:,c::::: .. .. n ...... rl .1 .1 ...•. .@ !1 ,1 n"e.:.':::n ,.1..1...1 .,..a,. r,u, ...rr1..........J .......... .r I. I. I. . ..np ur,.u. •:Y a 1. 1.. I. .......... .. ......1 .................. LT—♦. SHEET. 1 OF 2 SHEETS STUARTS FIRST ADDITION un r •.I..a. u4•n. w vKrrry • slrr /u/11/ r� N w. 1 1—� .-� •u a nn n.un. ru. i Tr Y141Ylf.na..i tlllrlrf 1=YG .0 n. n nls. nuun� ..1... • M M rM N � 1411VI r 11LL1111V t. al 1Y. ••• 1 •11• :•••• • :.I ...n I. ..1 I �.. [ .l Y.l... .•.. y/-.i�•// �.—.—e4aru'•nnomaY em.�no ro.rou mYn �':...::�::i:r::i'.: u•r.no e.wrsv mtl• • .aom to •.rn rm uu. r.•..• •i • u.:q� IlI is ` 1• I • I J/' ItiYI// 60LFVIEW PFIVE ./ lar r3, rl 1 L 1, I , � .. n r tl P L' 1' ••W' J -B L O IC K r., lo. ..............I..............: s...wlo:i1 is :iom unnw. V• i ....r... .1/ ... I .1 • .r�.., M. Y.I., nn cwuu er ucu, mwm. r•••• nn .T:.1. r 1. r.. m .n.. m u.a 4I........ . 1'1'. r.. . ::::,:,c::::: .. .. n ...... rl .1 .1 ...•. .@ !1 ,1 n"e.:.':::n ,.1..1...1 .,..a,. r,u, ...rr1..........J .......... .r I. I. I. . ..np ur,.u. •:Y a 1. 1.. I. .......... .. ......1 .................. LT—♦. SHEET. 1 OF 2 SHEETS y EXHIBIT "A'► S TUI \R ■ S FIRST ADDITION Iq =Y MIS •.I ��_ SH4PET 2 OF 2 -SHEETS U] Is Agenda Information Memo May 6, 1986,.City Council Meeting Page.Sixteen SALE OF SQUAD CAR S. Authorization to Sell Used Squad Car --Mr. Larry Wacendorf of the Dakota County Parks Police has asked to purchase two (2) of the City's squads for his department.. Normally, surplus equipment is sold to the highest bidder, however, State Statute 471.85 allows governmental agencies to transfer equipment to another governmental agency without an auction or sealed bid. At the present time, Mr. Wacendorf is interested in purchasing one of, the two squad cars and the agreed selling price is $1800 which is slightly more than the City received for the last squad car sold. This is a very good price as this squad has 87,000 miles on it, received extensive rear -end damage last winter, and the transmission need some minor repair. ACTION TO BE CONSIDERED ON THIS ITEM: To declare the squad car surplus property and sell it to another governmental agency in the amount of $180.0. 3Y Agenda Information Memo May 6, 1986, City Council Meeting Page Seventeen APPROVE FINAL PLAT, EAGAN CONVENIENCE CENTER ADDITION T. Approve Final Plat, Eagan Convenience Center Addition --We have received an application for final plat approval for the Eagan Convenience Center, Addition, located south of Duckwood Drive and east of Krestwood Lane. Enclosed on page L� is a copy of the proposed final plat which conforms to the preliminary plat, approved by Council action on March 4, 1986. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Eagan. Convenience Center Addition and authorize the Mayor and City Clerk to execute all required documents. 33 EAGAN CONVENIENCE NORTH Or-rrSso 101 0 SCALE IN FEET If DENOTES IR INCH IRON MONUMENT FOUND UNLESS OTHERWISE SHOWN O DENOTES I4 INCH BY IS INCH IRON MONUMENT SET -MARKED WITH RECISI RATION NO. 136W UNLESS OTHERWISE SHOWN / THE SOUTH LINE OF THE SOUTH 112 OF THE H. W. 114 OF SERC. IS. 121. R.2]. HAS AN ASSUMED BEARING OF N 419•I6'I4-C �c•�:T:oa / FIPST 1 � 1S / 6 Ae poo • yl LOT 1 BLOCK I OpYv/ RTI OUTLOT A.' 9x AeA A.F. --------------- 3 I' Me9'lr u'A PILOT KNOB VGIGYTS r CENTER ANN ul . A wcanN TvuF v.•Iw.VI mrrynllm. • run.va. minrnur. ren N ur• rouruM sewn[ pq.re! W �m v. IVH[ ryn a rle rN 1411. • en.a•. .... IT A"Im N. Tur . W4 It. Ww mnh. Nrru. vanrW u elln.r 'INA NVITIW. IOOOt m.u. ).Nn I w—A n.'-ne ml� ulrt i.1 41ii ,i uq1 ftf— NAIIi .e 0111.x= �• .. e I:.mi`r� iii +an . .e. 1 .1.1H nn leuw Ads..i 1-1, J: ol�u A_ If ..-t- ..N.:.wle U.'. .'': �i N�ti. :.0 � A'..u'"u x..0 :: wn. �•u'.a sAe.0 1-1,.1-- mN u.I. oq nle uilA HIV i mI— wlWµm1.1 lq Y.1—IN' r wYm.Pln•.0 Ne aa1~eTOO'.InVUe --t@ U .—m ue .' NO.-I,ArA.1111I f,. .u.11�u Y. p111a lv pelNrrve.. mgernlm. A eL.ew A.rl . w uur Um pl_,A UA b tlYN p11u pq.. AN.— b N vMMI .nmM lnl..eA V. _N`f,pl NO.-- w• 1 A,, IT . I• b N lN I. a..v rwa. mrvn ...0. y..eq. p.m..iwi m W HFn— mlen[Im. . ..r A..u.an wm ^rNfAAnnml a u.. I N... �..Ir .a.°.�'u. OTIO., °` l,Ppei:� 1: x o -'.n uul .i mllu If PIAOO In 4..wN r .len Ib uu:anF If .n Iy.W m w pI." eU 1110. peualniy..m I. ylm.W Nn. W.n ul ✓o..au w. uav .n m Vuw. v Ewiib—T cnnpl lurlu Nnump I vW Y�.•Iv. • N.Yrinu Ott • lYpl mm v w � yr I HAAAr m 11 A. AtUf Mo. AVlrtn.rr � n. lllro. ry bue mwq• ey.e. M I A. 6pin 1e An I I.b enlh wl a Y. � N of �� Iw. Ly 'It' m.cl l alT eqn. NMI+I AT U. NunUq—I el WNh A!AVv.nN—.• I• WON.- INIIrM uYml m Y. � TO, erH_ rvynl At my..l m. Ln It lI--. Iln, w. ".I w 000 wpm.l,u.I. At, IT _ _—fir n I. I. 1 j ..I,; [ 11.• lr In Ile I... IT la U. l.N Aicw.1 e.Nu Nn a WN NMxIUv mr10 Nn PN TO W ae[I rmunr. ryla. mnh yn..w 7 It,61Uge11 ur ALA W u. 1 . VurN NY Nr.I �. 1•N. mnh I W� • mny. ynm. .. 1 Yny enlrl wl wl 1 eu INb u I..11lv.l Y. 0nh Ambr Iw Imq wl w1. � NI N 1�. IIAp. N .0 Yll .vuW Ut Al µT P noBf NISINIECAING COMOANYr.;NCr. 0 Agenda Information Memo May 6, 1986, City Council Meeting Page Eighteen APPROVE FINAL PLAT, ADVENT METHODIST CHURCH ADDITION U. Approve Final Plat, Advent Methodist Church Addition --We have received an application for final plat approval for the Advent Methodist Church Addition, located west of Lexington Avenue and south of Westbury 4th Addition. Enclosed on page 362 is a copy of the proposed final plat which conforms to ,the preliminary plat, approved by Council action on February ' 18, 1986. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Advent Methodist Church Addition and authorize the Mayor and City Clerk to execute all required documents. 3$ . M W HIM, Dimis Yf {I1pw IXN: ILL 11x0 ] nu n .1.1x ine Lmau 1,L lol ual, uRlx luau u[ In!¢m x, u414 rm n not+ xu Jxnu1.L I:II Rar 11. x] float p 0 w+Orl] In• ] Il IM loxua nl lu xl rxt un axe w rw xa va a ulwte ro ruva • xunlxa ^r xo•1i ai r. u uxnr ue xl0xrar.ro nlrnl. INO Yx ]] .b !f Ix! L+ILI u nlxxe raven ®E HIBIT „A„ . ADVENT UNITED METHODIST CHURCH ..................... 1I..•n�11 :i x.I L.JI.a 1.1„ra L., ..... �.1 1 sate or 11 u1n i:fnu nlnx rr m' ' u.....�1...1 r••, a ....�� h�h.0 vl u....1 yv1.11n., 1 In in:lnisr nlm nl.I� lii i•rr i:In �.I n'In Inlnou n1 . .u•u. ::i I•: .1 lie :. 1:r . x1.,....1. 1.11.... u.. L.n 1 •1 X11..... rl.. :, :1...... IL . rla 4.L.1. JI •r •. 1 tu. N.1 .1 a crt nvnn nrrnm ut n11un ... • ,nl u•I n, el 1 el Yn l•Y • • L, I,r I• �1_ I Irl F.:4TTff. u1�.4:1 �:i.a u:.: n1 1 .•1.. �:...,e .. u. mrt u� uunullu clnun r xnlxrna I ia,Ir 1.. � .1. I r, 411e. n• i Cu n,l, lu, r.l yli rn�lull ' . 1.141 r.lrl 1'1111111:IL IF LII Lr . 111110:\Ura I• II�.1 L 111 le„�i jl—,i I'.n [,,. Yu Ia,a - ...... - - CUC JAMES R. W • WIMTeURY 4TH ADDM016 m ele -- �O J eez .EXHIBIT „A" ADVENT UNITED METHODIST CHURCH u.Y6 ".. ^ W MTMURY /Sr iLnmmnm REVISM APRIL 10, 1990 i� — SITS PLAN RpR7q M" DATA YOT^L Sri%NRA . 2AD,200 sc.FF 4."S AG"S EI WC. AKEi1 . 7,500 SQ. Pi. .172 A(s!9 PARKNy 4 %. 44,000 ]q.P{ 1.026 Ar [ S , 41tLW Aw•A . 150,%00 69 -Pr. 3.465 APR S R cw r oftA. MY.(n[B) SHEET 2 'OF 2 SHEETS Agenda Information Memo May 6, 1986, City Council Meeting Page Nineteen APPROVE FINAL PLAT, LEMAY LAKE HILLS ADDITION V. Approve Final Plat, Lemay Lala Hills Addition --We have received an application for final plat approval for the Lemay Lake Hills Addition,, located east of Pilot Knob Road 'between Towerview and Lone Oak Roads. Enclosed on page is a copy of the proposed final plat which conforms to he preliminary plat, approved by Council action on September 17, 1985. All final plat application materials have been submitted, reviewed ;by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat ® for. the Lemay Lake Hills Addition and authorize the Mayor and City Clerk to execute all required documents. 39 i ^ q 1 • ,,J � r -_-� % �__�, `�\� of . CC ) 1. a � i o ) ,.. t� 1 • 1 ./ / � t Ibi��tlK i � / __ _____ ��'r / \\ � � -------- I .` oe!( ) \ouT ,fr .\ +++: LJ ql 41 I �` it / f{�Y`�c4�k/� _ a �L 6 �'\�.�� _ •'^any 'h LJ (; j% LOUTWH MAV aro //-- ���-��_�/ �.�t i'. �� a� AL �!� � i';��� IFM^1' -. -... LAKE '= LI .. ... ! ': ,.r I �I VY ' .:...\\ S " r �c i m :• ua. � IT I u.. .-w a � PRELIMINARY MA+ HF! EAGANDALL LW4* LAIC(_ 2ND ADDITION c i ^ q 1 • ,,J � r -_-� % �__�, `�\� of . CC ) 1. a � i o ) ,.. t� 1 • 1 ./ / � t Ibi��tlK i � / __ _____ ��'r / \\ � � -------- I .` oe!( ) \ouT ,fr .\ +++: LJ ql 41 I �` it / f{�Y`�c4�k/� _ a �L 6 �'\�.�� _ •'^any 'h LJ (; j% LOUTWH MAV aro //-- ���-��_�/ �.�t i'. �� a� AL �!� � i';��� IFM^1' -. -... LAKE '= LI .. ... ! ': ,.r I �I VY ' .:...\\ S " r �c i m :• ua. � IT I u.. .-w a Agenda Information Memo May 6, 1986, City Council Meeting Page Twenty PROJECT 4.60, NICOLS ROAD APPROVE RESOLUTION W. Project 460, Nicols Road, Approve Resolution Requesting State Aid Designation--Nicols Road (Old Cedar Avenue) is presently in the process of being turned back from Dakota County to the City of Eagan_ With the proposed improvement of upgrading Nicols Road, it would be beneficial to have this segment of roadway designated as a'Municipal State Aid Street to qualify for financial assistance. In order for this roadway to receive such designation, it is necessary for the City to formally pass a resolution establishing this route as a Muncipal State Aid Street. The ® limits of this Municipal State Aid street would be from Beau D'Rue Drive to Cliff Road. • ACTION TO BE CONSIDERED ON THIS ITEM: To pass a resolution establishing Nicols Road as Municipal State Aid Street #122 ,(Project 460') and authorize the Mayor and City Clerk to execute all related documents. M Agenda Information Memo May 6, 1986, City Council Meeting Page Twenty -One VACATION OF DRAINAGE. UTI A. Vacate Drainage and Utility Easements - Outlot A, Lexington Place South 2nd Addition --On April 1, the Council received a petition to vacate the existing drainage and utility easements over Outlot A and the rear lot lines of Lots 1-4, Block 1 of Lexington Place South 2nd Addition necessitated by the recent approval of its final plat. All notices have been published in the legal newspaper and sent to all potentially affected utility companies informing them of the public hearing scheduled for May 6. Enclosed on page —&— is a copy of the proposed easements to be vacated and on page $43 a copy of a map showing its location. As of this date, the staff has not received any objections to this proposed vacation. All required drai-nage and utility easements have been rededicated as a part of the 2nd Addition final plat. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the vacation of drainage and utility easements over Outlot A and Lots 1-4, Block 1, Lexington Place South 2nd Addition, and if approved authorize the Mayor and City Clerk to execute all related documents for recording. X" SIGMA SURVEYING SERVICES 3908 SIBLEY MEMORIAL HIGHWAY, EAGAN. MINNESOTA 55122 (812) 452.3077 VACATE DRAINAGE AND UTILITY EASEMENTS (part of Lots 1,2,3 and 4, Block,l, LEXINGTON PLACE SOUTH12NDADDITION ) it All that part of Lot 1, Block 1, LEXINGTON PLACE SOUTH 2ND ADDITION described as follows: Beginning at a point on the east line of said Lot 1, distant 70.00 feet southerly (as measured along said east line) of the northeast corner of said Lot 1; thence S B104815111 W, 99.10 feet; thence S 56031'5511 E, 124.70 feet to the east line of said Lot 1; thence Northerly along said east line, 83.16 feet to the point of beginning. EXCEPT the East 10 feet thereof. $2 All that part of Lot 2, Block 1, LEXINGTON PLACE SOUTH 2ND ADDITION described as follows: Beginning at the northeast corner of said Lot 2; thence N 84"22'1711W along the north line of said Lot 2, 38.00 feet; thence S 30020128" W, 208.09 feet to the south line of said Lot 2; thence S 59012'34'1 E along said south line 74.00 feet to the southeast corner of said Lot 2; thence ® Northerly along the east line of said Lot 2, 230.54 feet to the point of beginning. EXCEPT a 10 foot wide strip adjoining and parallel with the east line of said Lot 2, and EXCEPT a 8 foot wide strip adjoining and parallel with the southerly line of said Lot 2. i3 All that part of Lot 3, Block 1, LEXINGTON PLACE SOUTH 2ND ADDITION described as follows: Beginning at the most southerly corner of said Lot 3; thence N42042'5411W along the southwesterly line of said Lot 3, 115.00 feet; thence N 72°06121" E, 80.93 feet to the northeasterly line of said Lot 3; thence S 59012' 34" E along said northeasterly line, 74.00 feet to the southeasterly line of said Lot 3; thence Southwesterly along said southeasterly line, 95.18 feet to the point of beginning. EXCEPT a 8 foot wide strip adjoining and parallel with the northeasterly line of said Lot 3 and EXCEPT a 10 foot wide strip adjoining and parallel with the southeasterly line of said Lot 3. #4 All that part of Lot 4, Block 1, LEXINGTON PLACE SOUTH ® 2ND ADDITION lying East of a line drawn parallel with and 10 feet southwesterly, northwesterly and westerly of the following described line: Beginning at a point on the southeasterly line of said Lot 4, distant 204.09 feet Easterly (as measured along the southerly line of -said Block 1) from the southwest corner of said Block 1; thence N 29018104" W, 29.11 feet; thence N 33041'2111 E, 72.11 feet; thence N 130 08114" W, 54.85 feet to the northeasterly line of said Lot 4, distant 105.19 feet northwesterly of the most easterly corner of said Lot 4; thence N 42042154" W along said northeasterly line 20.00 feet and there terminating. EXCEPT a 10 foot wide strip adjoining and parallel with the southeasterly line of said Lot 4. WAYNE D. CORDES — 14675 — EXHIBIT "A" LEX.INGMN PLACE SOU l li -2ND AUDI T:ON • lBq. kA s0 50 1 Sy ZB,,EN 18' N r / � a \ ' :'r •:/ � ()' 9410_ Q a� E \ d V -A NO oo'o3"w � ff. °a << zos. cl s = s 5 m �• 22' E m \\soo• m Z om I•m 50 I ' /J/ p /t\� by \ N /'• _- N 89v 59'51 " E • 220.00 -. // •,1 y o\�''�iW+. \\��/ �/ / 1 Ig s '.._.','. � 71,6 �i. •_ iy ���\p�J \\ 1• i � I r<' PJ ��•36.,fl�,ipL�S�'}l /I/S 4_`?',0�'' �N�/ ISS.oO `p9 At qr L�00 93 s9 N 699 S9. 5l"B { �i p.93 / 4•�` i L(: Tis M Q �Ig � � I wl'eiii.610?= I' iPi�' i° J. ••� 1. c' [lo N09'S9'57�E IOu .i°.•_ ._. lv�� ti✓ \�� •. SIO • ISS -00 � i Z Jb "%v::e' +r°E r � / O N89'49' 57E 1 • s -is j\f•v" oPr �� N J , O n i0 1 10L �202°12� p40'0 ,r,Oi°' 0 s 0.= •z� °`e1 / / � 1 sl j. .1 r N°atN �, �3 Agenda Information Memo May 6, 1966, City Council Meeting Page Twenty -Two VACATION OF DRAINAGE.AND UTILITY EASEMENTS LONE OAK ADDITION B. Vacate Drainage and Utility Easements Outlot F, Lone Oak Addition --On March 5, the City Council received a petition request- ing the vacation of a common lot line drainage and utility easement over, Outlot F of the Lone Oak Addition adjacent to the Trinity Lone Oak Church. This easement would then be replaced by the comparable drainage and utility easement over the new common lot line described by the conveyance of a 150 foot buffer strip from the Lone Oak Addition to Trinity Lone Oak Church. At .the ® time of the scheduled public hearing on April 1, the conveyance of the relocated drainage and utility easement had not been completed. Subsequently, the Council continued the public hearing, until May 6, to allow the developer adequate time to prepare the descriptions and execute the related documents. Enclosed on page _A� is a description for the drainage and utility easement to be vacated and on page is a map showing the location of the easement. Due to the fact that the May 6, public hearing is a continuation. of the previous April 1 hearing, no new notifications were published or sent. All requirements of this vacation have now been complied' with and is in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the vacation of the common lot line drainage and utility easement of Outlot F, Lone Oak Addition and authorize the Mayor and City Clerk to execute all related documents for recording. W LEGAL DESCRIPTION FOR THE DRAINAGE AND UTILITY EASEMENT TO BE VACATED 117, 6-8401.14 A permanent easoment for drainage and utility purposes over, under and across that part of Outlot F, LONE OAK, according to the plat thereof, on file In the office of the County Recorder, Dakota County, Mn., described as follows: Commencing at the most northerly corner of said Outlot F; thence South O1 degrees 10 minutes 06 seconds West, assumed basis for bearings 1045.14 feet along the westerly line of said Outlot F; thence North 89 degrees 24 minutes 44 seconds East 161.63 feet; thence South 00 degrees 35 minutes 16 seconds East 0.40 feet; thence North 89 dogrees 24 minu- tes 44 seconds East 158.37 feet to the point of beginning of the land to be doscrlbed,sald point of beginning being hereinafter referred to as Point "A"; thence continuing North 89 degrees 24 minutes 44 seconds East 150.00 feet; thence South 00 degrees 35 minutes 16 seconds East 550.10 feet ,to the southerly line of said Outlot F; thence South 89 degrees 24 minutes 44 seconds West 150.00 feet along said southerly line to the westerly line of said Outlot F; thence North 00 degrees 35 minutes 16 seconds West 550.10 feet along said westerly line to the point of beginning. Said drainage and utility easement to be vacated Is described as follows: Beginning at Point TIA"; thence North 89 degrees 24 minutes 44 seconds East 10.00 feet; thence South 00 degrees 35 minutes 16 seconds East ® 540.10 feet; thence North 89 degrees 24 minutes 44 seconds East 140.00 feet; thence South 00 degrees 35 minutes 16 seconds East 10.00 feet to the southerly Ilne of said Outlot F; thence South 89 degrees 24 minutes 44 seconds West 150.00 feet along said southerly line to an angle point In the boundary of said Outlot F; thence North 00 degrees 35 minutes 16 seconds West 550.10 feet along said boundary to the point of beginning. Sheet / 0? 2 I EASEMENT EXHIBIT FOR . THE CITY OF EAGAN . eon \ A-faE Most N7y L'or, O.L. h t IILily 1Jww1-.r6/OE.J�O.l.OYl�.9 YpJ.fCTI! L NM.I.M 00 44'E�L, out 144 Iko • �^ � ; �S'/y Line D.L.F /50.00 589'24.44'• w 200 0 200 SCALE M FEET DENNITT AINGNOSE.WOLSFELD. JAMnS. G•RDNER. I.C. M rE$NEA SO A/ IM f r Sr S.. w.EAr M w 5'. 15 ina Nn: i -R4/1/ FIELD BOOK: PAGE, She.- t 1 D f 2 / herby oiNty Mel this eXhihif me* pr*Wod' Ay me, or under my d/red olvorr/don, and 1Mt / an it de/y Rerstred Laid SLrreyDr _ - undr the /ors of /Ae state Of M/nn Nota. /./ J Date �3 13= � Rey. Aim.- L DRAWN BY: CL Agenda Information Memo May 6, 1986., City Council Meeting Page Twenty -Three VACATE UTILITY EASEMENT BRITTANY 7TH ADDITION C. Vacate Drainage and Utility Easements., Lot 5, Block 2, Brittany 7th Addition --The original public hearing for the vacation of a portion of the side lot line drainage and utility easement was held on February 4,' 1986, and subsequently denied due to a variety of unresolved issues relating to Tollefson Builders Incorporated. Since that time, the City has entered into a Stipulation Agreement with that firm identifying all requirements of unresolved issues. One of those requirements is for Tollefson Builders Inc. to resubmit a petition for consideration of vacating the easement., The need for the vacation of the easement-. results from a house being constructed within a dedicated easementand is necessary to protect the integrity of the sanitary .sewer line. During the week of April 21, the City performed a "soil solidifi- cation" process to consolidate the soils within this easement necessary to minimize any settlement problems associated with encroachment by the ex-isting dwelling on Lot 5. All notices have been published in the legal newspaper and sent to all potentially affected utility companies and reviewed in detail by representatives of the public works department. A final report regarding the status of this easement will be provided by the Public works Director on May 6. Enclosed on page —&— is a copy of the proposed' easement vacation. • ACTION.TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the partial vaation of a common lot line drainage and utility easement over Lot' -5, Block 2, Brittany 7th Addition. If the vacation is approved, authorize the Mayor and City Clerk to execute all related documents. Y 7 f' PROPOSED EASEMENT VACATION DESCRIPTION The west 34.00 feet of the east 65.80 feet of the south 4.00 feet of the drainage and utility easement adjacent to the north line of Lot 5, Block 2, Brittany 7th Addition, Dakota County, MN. NORTH SCALn I"=30 C 30 K 6 v I� z 3 i r' _FD 30 K 6 v I� z 3 APPA TO BE VACATED city of eaganstandard PUBLIC S R I TT"A Ny -7-r-'-' ADD. approved : plate #: LD -j- 5 ELK Z m ��) WORKS DEPARTMENT41Q . _FD APPA TO BE VACATED city of eaganstandard PUBLIC S R I TT"A Ny -7-r-'-' ADD. approved : plate #: LD -j- 5 ELK Z m ��) WORKS DEPARTMENT41Q Agenda Information Memo May 6, 1986, City Council Meeting Page Twenty -Four VACATE DRAINAGE AND UTILITY EASEMENTS WESCOTT HILLS 4TH ADDITION D. Vacation of Common Lot Line Drainage and Utility Easements, Wescott Hills 4th Addition --on April 1, the Council received a petition requesting the vacation of several common lot line ,drainage and utility easements within the Wescott Hills 4th Addition to accomodate the construction of multiple density zero lot line townhouse un -its that will straddle every other lot line within this subdivision. Enclosed on page o is a description of the easement vacation and on page �� is a map showing the location of the easements being considered for a vacation. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. There presently exists a 36" trunk storm sewer along one of these alignments which will be relocated at the developers expense as a condition of the building permit issuance along a new easement alignment to be dedicated. No other objections have been received regarding this proposed vacation. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the vacation of several common lot line drainage and utility easements within Wescott Hills 4th Addition and, if approved, authorize the Mayor and City Clerk to execute all related documents for recording. �1 LEGAL DESCRIPTION FOB EASEMENT VACATION WESCOTT HILLS FOURTH ADDITION • The vacation of 5.00 foot drainage and utility easements over, under and across the Wescott Hills Fourth Addition, Dakota County, Minnesota, according to the recorded plat thereof. Said easements are described as follows: The easterly 5.00 feet of Lot 1, Block 1. The westerly 5.00 feet of Lot 2, Block 1. The easterly 5.00 feet of Lot 3, Block 1. The westerly 5.00 feet of Lot 4, Block 1. The easterly 5.00 feet of Lot 5, Block 1. The westerly 5.00 feet of Lot 6, Block 1. The easterly 5.00 feet of Lot 7, Block 1. The westerly 5.00 feet of Lot 8, Block 1. The easterly 5.00 feet of Lot 1, Block 2. • The westerly 5.00 feet of Lot 2, Block 2. �o 0 4_4% // 5'dW l.R�e�ati.i.aq�+r"fiW. �.'''f i Pi iW �l•I. �'114iI f,(1�JId':r:i.L.1rv� _ i�fi: 1L'Sd Ami •'r_' ) I . \A) -=-- -'----- - --gym =------- 41 o� 5os + ° J ag 10 :tip D 3 2 N z 4 WESCOTT HILLS FOURTH x ADDIT O' ,,,:.--.-^j' - . ;. .- . - .. ;. •-I ore : EySiMENT $ ra BE I �gcHrEO, �//owN , L_ --------------- -bgN0 Y K E' I 243. 31'45W W I I W T I In m _[ � h T yam. _ m I – 9 I wl" . 240.(°D 589'31'45"E - I ! 1 a � 1 IW S I 0 3 an ..i0 C a,N I•N 0Q 2 W .W \A) -=-- -'----- - --gym =------- 41 o� 5os + ° J ag 10 :tip D 3 2 N z N. Tp x IW S I 0 3 an ..i0 C a,N I•N 0Q 2 a I I N Q . �•'i I evievred BY. TAC � ,IS: That Yankee Doodle Development Co., ers and proprietors; and The Farmers ,f Minneapolis. a Minnesota 9avfngs 11.nk , lescribed property situated in the County Isota, to uit: Block6. and Lot 1, Block 7, of the plat Ireof on fila and rec .'reed in the office of the Sty` Minnesota. i surveyed and platted as WESCOTT MILLS iy ,Lonate and dedicate to the public ,tllity and drainage easements as t lea Doodle Development Co., a lus[rd these presents to be sinned .n 7Y . a. I91---,Ir—IaPW_1I II W .W \A) -=-- -'----- - --gym =------- 41 o� 5os + ° 0 ag 10 J1 D 3 N N D N O a I I N Q . �•'i I evievred BY. TAC � ,IS: That Yankee Doodle Development Co., ers and proprietors; and The Farmers ,f Minneapolis. a Minnesota 9avfngs 11.nk , lescribed property situated in the County Isota, to uit: Block6. and Lot 1, Block 7, of the plat Ireof on fila and rec .'reed in the office of the Sty` Minnesota. i surveyed and platted as WESCOTT MILLS iy ,Lonate and dedicate to the public ,tllity and drainage easements as t lea Doodle Development Co., a lus[rd these presents to be sinned .n 7Y . a. I91---,Ir—IaPW_1I II ------------------- _'_V_ °—.—II' aI W .W 41 o� 5os + ° 0 ag J1 N Jt N N D N O x z I ��d..:.y<! I 6e..J °o.00— J L_ ------------------- _'_V_ °—.—II' aI —I + ° -p:.;- r1IIII I -bgN0 a. n s A O N ND ? II aoGoo L 00_ L Z. 39.z4 N89°3145'W I P.•`.\ ?tel\-\ I u '.K •.•I fo < I d. _ � I t I hereby certify that I have surveyed and platted the property described on this plat as WESCOTT HILLS FOURTH ADDITION, that - this plat is a correct representation of the survey, that all distances are correctly shown on the plat in feet and hundredths of a foot, that all monuments have been correctly placed in the ground as shown, and that the outside boundary lines are correctly designated on the plat. a There are no wet lands or public highwaystom, be designated. rveypr, le ay H. B not, Land 5ulnnespta Registration 8140 Ka STATE OF COUNTY OF The foregoing instrument va;, ckn; lodged before ma this day of.� _��\.\.... 1911 by. CVS\ Agenda Information Memo May 6„ 1986, City Council Meeting Page Twenty -Five PROJECT 448R/POND LP -55 E. Project 448R, Pond LP -55 - Storm Sewer Outlet '(Ches Mar 4th Addition) --Project 448R discusses a proposed storm sewer outlet for Pond LP -55 located in Ches Mar 4th Addition south of Dunberry Lane and east of Oak Leaf Circle. This proposed project was initiated because of concerns expressed by residents within the Oak Chase 2nd Addition and the rising elevation of Pond LP -55 A. Several options for consideration while constructing this project have been discussed at several neighborhood meetings and previous formal public hearings. Enclosed on pages � through Z%:� is a copy of the feasibility report for the Council's reference and review during the public hearing scheduled for May 6th. At the last public hearing held on December 3 ,1985, the Council directed staff to investigate detailed proposed alignments of the storm sewer outlet for LP -55 through the unplatted property to the north of Ches Mar 4th Addition. Subsequently, a proposed subdivision of this property was prepared showing how the proposed aldg,nment could be determined without adversely impacting the future developability of this property. Enclosed on page * is a layout showing this. This information was then discussed with the affected property • owners at a neighborhood meeting held at City Hall on April 29th. As a result of that meeting, a majority of the property owners preferred Option II of the feasibility: report which provides for the outlet for LP -55 only. However, although the Comprehensive Storm Sewer Plan indicates that Pond LP -55 should be controlled at a 9'20.0 elevation as confirmed by the D.N.R. designation of that elevation as the natural ordinary high water (NOHW), previous topographic maps show the pond elevation prior to any development being 918.,0. This lower elevation is generally supported by a majority of the property owners with a request for Council consideration of lowering the storm sewer construction to provide for a potential controlled elevation of 916.0. Due to the substantial depth of construction this storm sewer outlet requires, each 2 foot increment of depth results in additional cost beyond what would be required for the master storm sewer plan. The consulting engineer will provide information asso- ciated with additional cost for each foot of additional depth for C'ouncil's information in determining whether any of this overdepth should be specially assessed to the adjacent property owners who want to maintain a pond elevation lower than what is proposed in this feasibility report. �Y Agenda Information Memo May 6, 1986, City Council Meeting Page Twenty -Six New notices :were published in a legal newspaper and sent to all property owners proposed to be assessed or adjacent to any of the affected ponds informing them of this public hearing. The property owners of the undeveloped property south of Ches Mar 4th Addition have started to give consideration to developing their property and indicated a willingness to dedicate the required easements with the understanding that there would be no objections to their proposed development. With the present ele- vation of these ponds at approximately 9.24.0, it is imperative that the Council make a final decision and provide a definite time table for construction to determine whether adverse acquisition of easements will be necessary if the proposed development does not proceed within that time frame. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 448R, Option II and, if approved, authorize the preparation of plans and specifications for construction to take place no later than September 15, 1986. * Special Note: The layout alignment attachment will be distributed with the Additional Information Packet on Monday. 'i4 REPORT ON POND LP -55 & LP -55A ® TRUNK STORM SEWER IMPROVEMENTS Ll PROJECT No. 448R EAGAN, MINNESOTA 1985 FILE No. 49360 //�� Ba*w4iwa, Radcomf t4m&*4.4 a 4ddada &., Yow- e"a"&!«q Lft#'we,a �3 2335 W. %.r A dV-jA-" 36 St. /1u..J, M ._,, 55113 PA :612-636-4600 October 31, 1985 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55121 Re: Pond LP -55 and LP -55A Outlet Project No. 448R Our File No. 49360 Dear Mayor and Council: lhm O. Runamm. P.E. RoAeq W. Nu+mq PE, J.,h C. AMd,,hk. P.E. R.ndlord A. Lemberg. PE. Rl,hnrd E. Pu..... P.F lama C. Oleos, P.E. Glenn R, Coo Y, P.E'. Aedh A. fen/un. PI A ..... a E. Nn,,,. PI(. Rrehurd w 1.111. P.E. Rnhal G. S'rhum,hr, VE Mue.in L Sun olu. P.E'. nonuld C. Ru.g.,d,. I'. E. Jerry A. R .,d.n. P.1:1 Mud A. llumnn, P.L. I'ed K. Pidd, 1l E'. h/rrh.0 11 Nuuurrunri. 11 F. RoMle R. IyIJ/Irle, P.E. nand 0, LufYdm, P.E. Charles A_ EiirY+on /lurlun .11. OGon Transmitted herewith is our report for Pond LP -55 and LP -55A Outlet Trunk Storm Sewer Improvements, Project No. 448R. This report is a revision from the original preliminary report and covers storm sewer improvements, 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 h ASSOCIATES, INC. Mark A. Hanson MAH:mb I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Mark A. Hanson Date: October 31, 1985 Reg. No. 14260 Approved by: Department of Pub icj Works Date • 0548d S/ • SCOPE: The preliminary report for Pond LP -55 Outlet, Project No. 448 was pre- sented to the City Council at their June 18, 1985 Council meeting. The public hearing for that project was held July 16, 1985. The Public hearing however, was not closed but continued to allow Staff time to meet with the affected owners to further evaluate their concerns, The Staff also contacted the De- partment of Natural Resources (D.N.R.) to have them establish the normal water - level for each pond based on their standards. As a result, this revised pre- liminary report was prepared for the Council's consideration. 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. DISCUSSION: The project proposed herein is separated into three options. A.) OPTION I: Option I provides for constructing a 12" diameter gravity storm sewer pipe outlet from Pond LP -55 to Pond LP -54. Also included as part of Option I is construction of a 12" diameter gravity storm sewer pipe outlet from Pond LP -55A to Pond LP -55. Design considerations relative to normal water level • (NWL), high water level (HWL), existing elevation, and D.N.R. normal water elevation for each pond is listed below: Page 1. 1710d S5 Elev. D.N.R. Design Design Outflow 8-85 N.W.L. N.W.L. H.W.L. (cfs)* Pond LP -54 --- --- 897 900.4 1.0 Pond LP -55 922.9 923.3 918 924 1.0 Pond LP -55A 923.0 922.8 918.5 919.3 1.0 As noted the DNR's NWL level is substantially higher than proposed here- in. However, general consensus of the adjacent owners is that the lower level Page 1. 1710d S5 is desired. Therefore because the DNR does not have jurisdication over the level of these ponds, it is recommended that the controlled levels for Pond LP -55 and LP -55A be 918.0 and 918.5 respectively. B.) OPTION II: Option II provides for constructing only the 12" diameter gravity storm sewer pipe outlet from Pond LP -55 to Pond LP -54. Design considerations for Pond LP -55 as part of Option I are also the same for Option II. C.) OPTION III: Option III provides for constructing a 12" diameter gravity storm sewer pipe outlet from Pond LP -55 and Pond LP -55A to Pond LP -54 similar to the alignment presented in the original report. The only exception being the storm sewer alignment across Parcel 016-52 would be closer to its easterly line, thus not impacting future development as significantly as the uLignment presented in the original report. The cuts are deeper at this location and tree removal may be required in the Oak Chase 2nd Addition dependent on how close the storm sewer alignment is to Oak Chase 2nd Addition's westerly line. EASEMENT: Permanent and temporary easements are required for construction of all three options. As presented in the original preliminary report the storm sewer alignment from Pond LP -55 to Pond LP -54 is contingent on future develop- ment for both Option I and II. Recent discussions with the owner (Charles Kingebiel (Parcel 016-52) have indicated that he presently has no plans to de- velop. The owner, however, has indicated a willingness to cooperate with the City, providing a land planner is retained by the City to prepare a prelimin- ary lot layout for his parcel and the adjacent parcel (015-52). The layout would have to be approved by the City such that if the proposed storm sewer is constructed along a future lot line, there will never be a concern that it will have to be relocated. The aniticipated cost for acquiring a land planner _ Page 2. 1710d 0 is $2,000. The alignment proposed for Option III on Parcel 016-52 would not require a land planner. However, as previously indicated dependent upon on how close the storm sewer alignment is to the westerly line of Oak Chase 2nd Addition, additional temporary easement up to 40 feet from the pipe may be re- quired from Oak Chase 2nd Addition. OPTION II: SW 1/4, SECTION 27 Parcel 016-52 0.20 0.80 $ 6,000 TOTAL......................................... $ 6,000 1710d Page 3. ✓7 Permanent and temporary easements are also required for construction of storm sewer pipe from Pond LP -55A to LP -55 for both Option I and III. Al- though this alignment is through a platted area, no easements presently ex- ist. Therefore additional easements will have to be acquired by negotiation, ® purchase or condemnation. Listed below are the necessary easements for both Phase I and Phase II and the estimated cost for their acquisition. The esti- mated cost assumes $10,000/acre for permanent and $5,000/acre for temporary. Parcel Permanent Temporary Estimated Description (Acre) (Acre) Cost OPTION I: SW 1/4, SECTION 27 Parcel 016-52 0.20 0.80 $ 6,000 CHES MAR 4TH ADDITION I ® Lot 19 Block 1 0.10 0.20 $ 2,000 Lot 20 Block 1 0.10 0.20 $ 2,000 TOTAL......................................... $10,000 OPTION II: SW 1/4, SECTION 27 Parcel 016-52 0.20 0.80 $ 6,000 TOTAL......................................... $ 6,000 1710d Page 3. ✓7 OPTION III: SW 1/4, SECTION 27 Parcel 016-52 CHES MAR 4TH ADDITION Lot 19, Block 1 Lot 20, Block 1 OAK CHASE 2ND ADDITION 0.20 0.80 $ 6,000 0.10 0.20 $ 2,000 0.10 0.20 2,000 Lot 2, Block 2 --- 0.1 $ 500 Lot 3, Block 2 --- 0.2 1,000 Lot 4, Block 2 --- 0.1 500 TOTAL......................................... $12,000 AREA TO BE INCLUDED: The area to be included for assessment and construction purposes is as follows: SW 1/4 SECTION 27 Parcel 016-52 Parcel 015-52 SW 1/4 SECTION 27 Ches Mar 4th Addition: Oak Chase 2nd Addition: Parcel 016-52 Parcel 015-52 1710d ASSESSMENT AREA Oak Chase 2nd Addition Lot 3, 4, 5, 6 6 7 Block 2 Ches Mar 4th Addition Lot 20 Block 1 Ches Mar 5th Addition Lot 9, 10 Block 2 CONSTRUCTION AREA Lots 19 and 20, Block 1 Lots 2, 3, 4, 5, 6, Block 2 Page 4. -e • COST ESTIMATE: A detailed cost. estimate for construction is presented in Ap- pendix A located at the back of this report. A summary of these costs are presented below for Option I, II, and III. OPTION I Pond LP -54 to Pond LP -55 $43,940 Pond LP -55 to Pond LP -55A 23,140 TOTAL OPTION I .................... $67,080 OPTION II Pond LP -54 to Pond LP -55 TOTAL OPTION II ................... $43,940 OPTION III Pond LP -54 to Pond LP -55 Part A $52,960 Part B 29,330 TOTAL OPTION III ................ $ 82,290 Project costs presented above include contingencies and all related over- head. Overhead costs are estimated at 306 and include legal, engineering, ad- ministration, and bond interest but do not include easement acquisition costs. ® ASSESSMENTS: Storm sewer construction from Pond LP -55 to LP -54 as part of Op- tion I and II is considered trunk storm sewer. Trunk area storm sewer has been assessed to all the platted parcels in this area. The two unplatted par- cels north of Ches Mar 4th Addition, however, have not been assessed. There- fore, it is proposed as part of this project to assess trunk area storm sewer to these parcels. Storm sewer construction as part of Option I from Pond LP -55A to Pond LP -54 however, is considered lateral storm sewer as it! is not necessary to complete or protect the integrity of the City's Comprehensive Storm Sewer Plan. Therefore, it is proposed as part of Option I that the area which di - 1710d Page 5. sy rectly drains to and beneifts from the storm sewer construction between Pond LP -55A and Pond LP -55 be assessed for that cost (including easement acquisi- tion) on an area basis. Storm sewer construction proposed as part of Option III is all considered trunk storm sewer and is therefore proposed to be assessed only to the unplat- ted parcels which have not been assessed their trunk area storm sewer. A very minimal amount of storm sewer is required to connect to Pond LP -55A as part of Option III and as a result is not proposed to be assessed as lateral storm sewer. A preliminary assessment roll is included in Appendix B located at the • back of this report. 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 area rates in affect at the time of this report are as follows: Trunk Storm Sewer Oversize Single Family/Agricultural .......... $0.048/sq.ft. REVENUE: Revenue sources to cover the cost of this project are as follows: OPTION I: Project Cost Revenue Balance Trunk $43,940 Lateral 23,140 Easement 10,000 Land Planner 2,000 Trunk Area Assessment $32,854 Lateral Area Assessment 27,140 $79,080 $59,994 -$19,086 1710d Page 6. E • OPTION II: Project Cost Revenue Balance Trunk $43,940 Easement 6,000 Land Planner 2,000 Trunk Area Assessment $32,854 $51,940 $32,854 —$19,086 OPTION III: Trunk $82,290 Easement 12,000 Trunk Area Assessment $32,854 $94,290 $32,854 —$61,436 PROJECT SCHEDULE Present Feasibility Report Public Hearing Approve Plans and Specifications Open Bids Award Contract Construction Completion Final Assessment Hearing First Payment Due with Real Estate Taxes June 18, 1985 December 2, 1985 February, 1986 March, 1986 March, 1986 Fall, 1986 Fall, 1986 May, 1987 The project deficit for Option I and II is estimated at $19,086 while the project deficit for Option III is estimated at $61,436. 1710d Page 7. APPENDIX A PRELIMINARY COST ESTIMATE POND LP -55 OUTLET PROJECT NO. 448R rl\iii CAmoi POND LP -55 TO POND LP -54 LUMP SUM Mobilization @ $5,000.00/L.S. $ 5,000.00 LUMP SUM Clear and grub easements @ $6,000.00/L.S. 6,000.00 210 Lin.ft. 12" RCP storm sewer, 0'-15' dp. @ $22.00/L.F. 4,620.00 80 Lin.ft. 12" RCP storm sewer, 15'-25' dp. @ $40.00/L.F. 3,200.00 130 Lin.ft. 12" RCP storm sewer, 25'-35' dp. @ $60.00/L.F. 7,800.00 1 Each Std. 4' dia. MH w/cstg. @ $900.00/ea. 900.00 10 Lin.ft. MH depth greater than 8' dp. @ $65.00/L.F. 650.00 2 Each 12" RCP flared end @ $500.00/ea. 1,000.00 10 Cu.yds. Rip rap @ $60.00/c.y. 600.00 50 Cu.yds. Rock stabilization below pipe @ $10.00/c.y. 500.00 1.0 Ac. Seed w/mulch 5 fertilizer @ $1,500.00/ac. 1,500.00 420 Lin.ft. Mechanical trench compaction @ $1.00/L.F. 420.00 TOTAL $32,190.00 +5% Contingencies 1,610.00 $33,800.00 +30% Legal, Engrg., Admin. 6 Bond 10,140.00 TOTAL ............................................. $43,940.00 1710d Page 8. POND LP -55A TO POND LP -55 LUMP SUM Clear and grub easements @ $2,000.00/L.S. $2,000.00 230 Lin.ft. 12" RCP storm sewer, 0'-15' dp. @ $22.00/L.F. 5,060.00 110 Lin.ft. 12" RCP storm sewer, 15'-25' dp. @ $40.00/L.F. 4,400.00 1 Each Std. 4' dia. MH w/cstg. @ $900.00/ea. 900.00 10 Lin.ft. MH depth greater than 8' dp. @ $65.00/L.F. 650.00 2 Each 12" RCP flared end @ $500.00/ea. 1,000.00 10 Cu.yds. Rip rap @ $60.00/c.y. 600.,00 50 Cy.yds. Rock stabilization below pipe @ $10.00/c.y. 500.00 1.0 Ac. Seed w/mulch S fertilizer @ $1,500.00/ac. 1,500.00 ® 340 Lin.ft. Mechanical trench compaction @ $1.00/L.F. 340.00 TOTAL $16,950.00 +5Y, Contingencies 850.00 $17,800.00 +30% Legal, Engrg., Admin. 6 Bond 5,340.00 TOTAL ........................................... $23,140.00 • Page 9. 1710d W OPTION II POND LP -55 TO POND LP -54 LUMP SUM Mobilization @ $5,000.00/L.S. LUMP SUM Clear and grub easements @ $6,000.00/L.S. 210 Lin.ft. 12" RCP storm sewer, 0'-15' dp. @ $22.00/L.F. 80 Lin.ft. 12" RCP storm sewer, 15'-25' dp. @ $40.00/L.F. 130 Lin.ft. 12" RCP storm sewer, 25'-35' dp. @ $60.00/L.F. 1 Each Std. 4' dia. MH w/cstg. @ $900.00/ea. 10 Lin.ft. MH depth greater than 8' dp. @ $65.00/L.F. 2 Each 12" RCP flared end @ $500.00/ea. 10 Cu.yds. Rip rap @ $60.00/c.y. 50 Cu.yds. Rock stabilization below pipe @ $10.00/c.y. 1.0 Ac. Seed w/mulch S fertilizer @ $1,500.00/ac. 420 Lin.ft. Mechanical trench compaction @ $1.00/L.F. TOTAL +5% Contingencies +30% Legal, Engrg., Admin. 6 Bond TOTAL............................................. Page 10. 1710d WW $ 5,000.00 6,000.00 4,620.00 3,200.00 7,800.00 900.00 650.00 1,000.00 600.00 500.00 1,500.00 420.00 $32,190.00 1,610.00 $33,800.00 10,140.00 $43,940.00 • OPTION III PART A LUMP SUM Mobilization @ $2,500.00/L.S. LUMP SUM Clear and grub easements @ $2,500.00/L.S. 210 Lin.ft. 12" RCP storm sewer, 0'-15' dp. @ $22.00/L.F. 180 Lin.ft. 12" RCP storm sewer, 15'-25' dp. @ $40.00/L.F. 160 Lin.ft. 12" RCP storm sewer, 25'-35' dp. @ $60.00/L.F. 100 Lin.ft. 12" RCP storm sewer, 35'-40' dp. @ $80.00/L.F. 1 Each Std. 4' dia. Mei w/cstg. @ $900.00/ea. 10 Lin.ft. MH depth greater than 8' dp. @ $65.00/L.F. 2 Each 12" RCP flared end @ $500.00/ea. 10 Cu.yds. Rip rap @ $60.00/c.y. 25 Cu.yds. Rock stabilization below pipe @ $10.00/c.y. 0.25 Ac. Seed w/mulch 6 fertilizer @ $1,500.00/ac. 600 Lin.ft. Mechanical trench compaction @ $1.00/L.F. TOTAL +5% Contingencies +30% Legal, Engrg., Admin. 6 Bond TOTAL............................................ 1710d Page 11. 1 $ 2,500.00 2,500.00 4,620.00 7,200.00 9,600.00 8,000.00 900.00 650.00 1,000.00 600.00 250.00 375.00 600.00 $38,795.00 1,935.00 $40,730.00 12,230.00 $52,960.00 PART 8 LUMP SUM Mobilization @ $2,500.00/L.S. $ 2,500.00 LUMP SUM Clear and grub easements @ $2,500.00/L.S. 2,500.00 200 Lin.ft. 12" RCP storm sewer, 0'-15' dp. @ $22.00/L.F. 4,400.00 210 Lin.ft. 12" RCP storm sewer, 15'-25' dp. @ $40.00/L.F. 8,400.00 1 Each Std. 4' dia. MH w/cstg. @ $900.00/ea. 900.00 10 Lin.ft. MH depth greater than 8' dp. @ $65.00/L.F. 650.00 1 Each 12" RCP flared end @ $500.00/ea. 500.00 10 Cu.yds. Rip rap @ $60.00/c.y. 600.00 25 Cu.yds. Rock stabilization below pipe @ $10.00/c.y. 250.00 0.25 Ac. Seed m/mulch 6 fertilizer @ $1,500.00/ac. 375.00 410 Lin.ft. Mechanical trench compaction @ $1.00/L.F. 410.00 40 TOTAL $21,485.00 +5% Contingencies 1,075.00 $22,560.00 +30% Legal, Engrg., Admin. 6 Bond 6,770.00 TOTAL ............................................. $29,330.00 1710d Page 12. 6 (1) Includes $4,000 for easement acquisition 1710d Page 13. 4/ APPENDIX B ASSESSMENT ROLL POND LP -55 OUTLET PROJECT NO. 448R OPTION I, TI, 6 III: A.) TRUNK AREA Parcel Area Credit Assessable Total Description (sq.ft.) (sq.ft.) Area sq.ft.) Rate/sq.ft. Assessment Parcel 016-52 459,994 Pond 30,000 343,990 $0.048 $16,511.00 Street (206) Parcel 015-52 445,619 Pond 20,000 340,490 0.048 16,343.00 Street (20%) ® Total 905,613 $32,854.00 OPTION I ONLY: B.) LATERAL AREA (POND I.P-55A TO POND LP -55) Area Total (Sq.Ft.) Rate/Sq.Ft. Assessment OAK CHASE 2ND ADDITION Lot 3 Block 2 7,000 $0.13 $875.00 Lot 4 Block 2 26,000 0.13 3,252.00 Lot 5 Block 2 19,000 0.13 2,376.00 Lot 6 Block 2 21,000 0.13 2,626.00 Lot 7 Block 2 17,000 0.13 2,126.00 CHES MAR 4TH ADDITION Lot 20 Block 1 47,000 $0.13 $5,878.00 CHES MAR 5TH ADDITION Lot 9 Block 2 13,000 $0.13 $1,626.00 Lot 10 Block 2 45,000 0.13 5,628.00 PARCEL 016-52 22,000 $0.13 2,753.00 TOTAL..... 217,000 $27,140.00(1) (1) Includes $4,000 for easement acquisition 1710d Page 13. 4/ CHES MAR DRIVE 4 3 2 1 J I ID O CHE MAF 3RD ADD. i U 1 LL II 9 Q W J 2 10 a B 01 3 14 13 7f 4 15 IE MAR 4T ADD. 16 (� 6 5 17 016-52 REQUIRED 20'EASEMENT- 015-52 r,-�'\ POND , LP -54 ' L PROPOSED 1211 �, •� STORM SEWERS REQUIRED 201 EASEMENT 7 6 5 4 OAK ASE 2ND I OAK CHASE LANE POND LP -55 OUTLET TRUNK STORM SEWER IMPROVEMENTS OPTION I EAGAN, MINNESOTA iv, - NORTH 0 0 200 1� SCALE IN FEET SONESTROO, ROSENE, .ANDERLIK & ASSOCIATES, INC. Consulting Engineers St. PAl1I, Minn. Date: JUNE, 1985 PROD. NO. Comm. 49360 448R " POND F� Z 18 NWL=9 8.0 Q ii 19 W z 1 I 20 � 1 10 \9 POND MAR 5 ADD. ,LP SSA 016-52 REQUIRED 20'EASEMENT- 015-52 r,-�'\ POND , LP -54 ' L PROPOSED 1211 �, •� STORM SEWERS REQUIRED 201 EASEMENT 7 6 5 4 OAK ASE 2ND I OAK CHASE LANE POND LP -55 OUTLET TRUNK STORM SEWER IMPROVEMENTS OPTION I EAGAN, MINNESOTA iv, - NORTH 0 0 200 1� SCALE IN FEET SONESTROO, ROSENE, .ANDERLIK & ASSOCIATES, INC. Consulting Engineers St. PAl1I, Minn. Date: JUNE, 1985 PROD. NO. Comm. 49360 448R CHES MAR DRIVE 4 3 2 1 J 1 0 O CHE MA 3RD ADD. c 015-52 u I LL II 9 w J 2 10 Q I 8 0 3 14 13 7 4 016-52 ® 15 E MAR 4T ADD. 16 QI 6 5 REQUIRED 17 20 EASEMENT 6PONDP-54 ' POND ---- --- LP-55 . \ Q 19 NWL=9180 /\ J , w 19 PROPOSED 12 Cc) STORM $EWER 2 � J O 20 910 ND HES MAR 5 ADD. LP 55A I -NORTH 7 64 -- OAK ASE 2ND Q2 0 200 5 1OAK CHASE LANE � SCALE IN FEET POND LP-55 OUTLET BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. TRUNK STORM SEWER IMPROVEMENTS Consulting Engineers St. Paul, Minn. OPTION II Date: JUNE, 1985 PROJ. NO. EAGAN, MINNESOTA Comm. 49360 448R __jj CHES MAR DRIVE 4 3 2 I J I IQ O CHE MA 3RD JADD. ('r 015-52 � 1 L II 9 Q W J 2 10 Y 1 9 O 3 14 13 7 4 016-52 15 E MAR 4T ADD. 16 Qj 6 5 6POND 17 P-54 POND LP -55 Z i9 NWL=91&� W i9 \\ \\ \` m \ PART B` 0 20 PROPOSED I I STORM SEWER I 11 —4 REQUIRED �' 10 i j 20' EASEMENT 9 POND HES MAR 5 ADD. LP -55A NWL=918.5 PARTA -NORTN 7 6 5 4 3 OAK CHASE 2ND AD). O 0 200 OAK CHASE LANE SCALE IN FEET POND LP -55 OUTLETBONESTROO, ROSENE,.ANDERLIK & ASSOCIATES, INC. TRUNK STORM SEWER IMPROVEMENTS Consulting Engineers OPTION III St. Paul. Minn. Date: JUNE, 1985 PROD. NO. EAGAN, MINNESOTA �� Comm. 49360 448R 1 CHES MAR DRIVE 4 3 2 1 J I IQ O CHE MA 3RD ADD. ir 015-52 . v LL II 9 Q w J 2 10 Q I S O 3 14 13 7 4 016-52 ® 15 E MAR 4T ADD. 16 Oj 6 5 6POND 17 ,P-54 ' '\ POND Z L 18 NWL=9180 / i o: 19 W m 2 Z-3 20 �� LATERAL AREA ASSESSMENT • `♦ BOUNDARY I) 1 '900, PPND 1 , ESMAR 5 ADD. L55A N =918.5 7 � 1L _�r—� '—NORTN� OAK— ASE 2ND (2 0 200 OAK CHASE LANE BCKE IN FEET; DONESTROO, ROSENE, .ANDERLIK POND LP -55A OUTLET & ASSOCIATES, INC. Consulting Engineers LATERAL AREA STORM SEWER ASSESSMENTS St. Pnul, Minn. JUNE, 1985 PROJ. NO. EAGAN, MINNESOTA Late: omm. 49360 448R CHES MAR DRIVE 4 3 2 1 _j 10 O CHE MA 3RD ADD. � 015-52 V I LL II 9 Q W J 2 10 g O 3 14 �j 13 1 7 J, 4 15 E MAR 4TJ ADD. 16 (D 6 5 17 \5A,DD. 09 PONMALP-55A N 7, 6 54 OAK ASE 2ND I OAK CHASE LANE POND LP -55 OUTLET TRUNK AREA STORM SEWER ASSESSMENT EAGAN, MINNESOTA n„ 016-52 GLOND ,P-54 ' —TRUNK AREA ASSESSMENT BOUNDARY (OPTION Z, 318 M) -NORTN� 0 200 -� SCAIE iN FEET SONESTROO. ROSENE..ANDERL KK 8 ASSOCIATES, INC. Consulting Engineers St. Paul, Minn. Date: JUNE, 1985 PROD. NO. Comm. 49360 11 448R POND w 18 LP -55 ZQ NWL=9180 J } m 19 W m z 0 20 \5A,DD. 09 PONMALP-55A N 7, 6 54 OAK ASE 2ND I OAK CHASE LANE POND LP -55 OUTLET TRUNK AREA STORM SEWER ASSESSMENT EAGAN, MINNESOTA n„ 016-52 GLOND ,P-54 ' —TRUNK AREA ASSESSMENT BOUNDARY (OPTION Z, 318 M) -NORTN� 0 200 -� SCAIE iN FEET SONESTROO. ROSENE..ANDERL KK 8 ASSOCIATES, INC. Consulting Engineers St. Paul, Minn. Date: JUNE, 1985 PROD. NO. Comm. 49360 11 448R Agenda Information Memo May 6, 1986, City Council Meeting Page Twenty -Seven PUBLIC HEARING, PROJECT 472'. F. Public Hearing for Project 472 (Clearview Addition - Streets) -- At the March 19 Council meeting, several representatives of the Eden Addition Homeowners Association presented a request to the City Council to improve a portion of Beecher Drive to City standards. Based on that request, the Council discussed the past history of proposed street improvements within this subdivision and the relationship to the adjacent subdivisions for for traffic circulation at the present time. Subsequently, the Council requested that the previous feasibility report be updated and that the proposed improvements be further discussed at formal • public hearing. This feasibility report was then presented to the Council at its April 15 meeting with the public hearing scheduled for May 6. A copy of the report is enclosed on pages .ItZ�4 through F , On September 18, 1979, a public hearing was held to discuss similar types of street improvements within the Clearview Addition under Project 281. Enclosed on page f is .a copy of the minutes from that Council meeting. At that public hear.ing, the estimated cost per lot for street surfacing was $2,280 per lot as compared to the present feasibility report estimate of $5,972. Some of this cost increase is associatedwith restoring the gravel base lost by seven years of wear and the fact that there is one less lot to spread the costs over due to Mn DOT's acquisition for the Blackhawk. Road construction with I -35E but the majority of the cost increase is associated with inflation. All notices have been published in the legal newspaper and sent to all property owners proposed to be assessed under this project. ACTION TOBECONSIDERED ON THIS ITEM: To close the public hearing and approve/'deny Project 472 (Clearview Add-ition-Street Surfacing) and if -approved, authorize the preparation of detailed plans and specifications. �J REPORT m CLEARVIEW ADDITION i STREET IMPROVEMENTS • PROJECT No. 472 EAGAN, MINNESOTA mslle FILE No.49389 /3o.iPdAw., R de ce, 1q%P.ellila a Yow. ew""&«q'eKq4wou St. /haul, M&mtaiata 71� Bonestroo, Rosene, Anderlik & Associates, Inc. Dun G. Hnnnvuu. P.E Glenn R. Cuui, P.E. Nub" W. Nrurnr. J•h.. Kouh A. Gurdaa, Y.E. U Jor,,h C. And,44. P.L. lhmnua E Nwl , Y.E. HmdJord A- LrnrArrg. P.E. Richard W. Fa,ler, P.E. - 2335 W. Trunk Highway 36 Engineers & Architects Rlrhurd E'. Turner. P.E. James C. Okun, P.E. R.b ,l G. 4hunirh,, P.E. Marvin L. Sar.lu, P.E. St. Paul, MN 55113 Donald C. Hurgardl. P.E. Jerry A. Haardun, P E 612-636.4600 Murk A. Haruan. P.E. Ted A. Field. P.E. MtrhuH T Nuulmunn. P.E. April 7, 1986 n..wo c E +Ame Pe. Thoma, N'. PNenun, P.E. Mah.,IC Lleeh. P.E. Kuren L W'Jlu. P.E Honorable Mayor and Council Jumei R. ANland. P E. City of Eagan ^onP E. KrrhrA. Hu hnJ E. 3830 Pilot Knob Road A/arkR,RWltP,E- Ed Eagan, MN 55122 g Rubrn C Rw.ek. AJ.A. , Thumui E. Angus, P.E. Smr, L. Yuan,, P.E. Re: Clearview Addition Churle. A.EHA Lru Al. PuvrhAy Street Improvements mean AL ahn Project No. 472 Solan M. EbM. File No. 49389 0 Dear Mayor and Council: Enclosed is our report for Clearview Addition, Project No. 472. This report covers street 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, BONEESTR00, ROSENE, ANDERLIK S ASSOCIATES, INC. -0" C-1 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 ofMinnesota. Mark A. Hanson Date: / / 7 /,j461 Reg. No. 1i`y("G Approved by: epartment of Public Works Date: 4,"- 4303d , - 4303d 30 Year 75 Anniversary SCOPE: This project provides for the upgrading of the streets in the Clear - view Addition. The Clearview Addition is located in the northeast quadrant of Blackhawk Road and Cliff Road and includes large single family lots with an average street frontage of almost 200 front feet. Consideration for this project is the result of the residents in the Eden Addition requesting the City to upgrade Beecher Drive so they have access to Blackhawk Road by a paved street. FEASIBILITY AND RECOMMENDATION: This project is feasible from an engineering standpoint and is in accordance with the Master Street Plan for the City of ® Eagan. The project can best be carried out as one contract. The City of Eagan Public Works Department is recommended very strongly that the project be approved. The existing gravel streets in the Clearview Addition cause additional maintenance for the Public Works Department in com- parison with paved streets in other subdivisions. The additional maintenance includes periodic grading of the streets, placement of additional gravel, and placement of calcium chloride for dust control at an estimated cost of $5,000 to $6,000/yr. In addition, the gravel continues to erode in the gutters thus • causing the existing storm sewer system at Lenore Lane and Beecher Drive to continually fill and plug with gravel, debris, etc. To continually clean these storm sewers is not only very time consuming and costly, but can also be very damaging to the existing storm sewer and the pond which the storm sewer discharges to. DISCUSSION: Streets within the Clearview Addition proposed to be paved as part of this project are Beecher Drive and Lenore Lane. These streets are presently 34' wide gravel streets that were constructed after the installation of utilities in 1978. The gravel base was constructed 6" thick at that time. Page 1. 4303d % The streets were constructed to a design grade in anticipation of concrete curb and gutter and bituminous surfacing being constructed shortly there- after. However, Project No. 281 which proposed the same improvements as pre- sented herein was denied and as a result the improvements were not constructed. Therefore, it is proposed as part of this project to upgrade Lenore Lane and Beecher Drive with concrete curb and gutter and bituminous surfacing to a 34' width. Also included is restoration of the existing driveways and boule- vard areas. Adjustment of existing manholes, catch basins and gate valves is also included. In addition, it is proposed to provide an additional 4" thick aggregate® base which will include grading and subbase preparation. However, as part of the preparation of the detailed plans and specification, it may be determined that the amount of grading and additional aggregate base construction may either have to be increased or decreased dependent on the results from cross sectional survey work and soil borings that will be taken. AREA TO BE INCLUDED: CLEARVIEW ADDITION Lot 2-5, Block 1 Lot 6-14, Block 2 Lot 1-9, Block 3 CLEARVIEW 3RD ADDITION Lot 1-3, Block 1 COST ESTIMATE: A detailed cost estimate is presented in Appendix A located at the back of this report. The total estimated project cost is $149,290 which includes contingencies and all related overhead. Overhead costs are estimated at 30% and include legal, engineering, administration and bond interest. Page 2. 4303d 77 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 costs will be revised based on final costs. The assessments will be spread over a period of time as determined by the City Council at the Public Hearing. The interest rate will be based upon the lat— est bond sale at the time of the final assessment hearing. It is proposed to assess the total cost of street on a per lot basis re— gardless of the amount of street frontage per lot. The lots proposed to be ® assessed are shown on the drawing located at the back of this report. REVENUE SOURCES: Revenue sources to cover the cost of this project are as follows: Proj. Cost Revenue Balance Street $ 149,290 Street Assessment $149,290 TOTAL ............. $ 149,290 $149,290 ® All costs are proposed to be assessed, therefore, no funds are required from the major street fund. Page 3. 4303d PROJECT SCHEDULE Present Feasibility Report Public Hearing Approve Plans 6 Specifications Open Bids/Award Contract Construction Completion Final Assessment Hearing First Payment Due with Real Estate Taxes Page 4. 4303d 7q April 15, 1986 May 5, 1986 June 3, 1986 July 1, 1986 Sept. 15, 1986 Fall/Winter 86-87 May, 1988 is 40 APPENDIX A PRELIMINARY COST ESTIMATE CLEARVIEW ADDITION STREET IMPROVEMENTS PROJECT NO. 472 Page 5. 4303d o OQ 9,900 Sq.yds. Subbase preparation @ $0.60/sq.yd. $ 5,940 400 Cu.yds. Subgrade correction @ $3.00/cu.yd. 1,200 ® 200 Cu.yds. Select granular borrow @ $6.00/cu.yd. 1,200 2,400 Ton Class 5 100% crushed aggregate base @ $7.00/ton 16,800 750 Ton 2331 Bituminous base course @ $11.00/ton 8,250 750 Ton 2341 Bituminous wear course @ $13.00/ton 9,750 87 Ton Bituminous material for mixture @ $200.00/ton 17,400 420 Gals. Bituminous material for tack coat @ $1.50/gal. 630 4,940 Lin.ft. B618 Concrete curb and gutter @ $5.00/lin.ft. 24,700 25 Each Driveway restoration @ $500.00/each 12,500 20 Each Adjust MH, CB, 6 GV box @ $150.00/each 3,000 • 4,000 Sq.yds. Sod w/topsoil @ $2.00/sq.yd. 8,000 Total $109,370 +5% Contingencies 5,470 $114,840 +30% Legal, Engrng., Admin. 6 Bond Interest 34,450 TOTAL ............................................. $149,290 Page 5. 4303d o OQ APPENDIX B PRELIMINARY ASSESSMENT ROLL CLEARVIEW ADDITION STREET IMPROVEMENTS PROJECT NO. 472 Parcel No. of Total Description Lots Cost/Lot Assessment Lot 2-5, Block 1 4 $5,972 $ 23,886 Lot 6-14, Block 2 9 5,972 53,744 Lot 1-9, Block 3 9 5,972 53,745 CLEARVIEW 3RD ADDITION Lot 1-3, Block 1 3 5,972 17,915 TOTAL 25 $149,290 4303d Page 6. 97 E E • 0 a w WALNUT------ \-------�� IO Z I I 9 Qj 2 4 5 6 7A DI8T10 J I I e EDEN (,7 11 II 1 1 3 I I U w 4 5 1 .i jRO pOo\T3 N O 1 0 0 5 3 pq 10 p001T ION 6 O 5 CLEARVIEW ASSESSMENT PROPOSED BOUNDARY 12 STREET IMPROVE i n 13 Scale: I"=200' I j I 3 ,�3LL Cr I C I vP� 2 1 Q7 2� 14 1 i 2 LL N A." — CO PQO CLEARVIEW ADDITION STREET IMPROVEMENTS PROJECT NO.472 EAGAN, MINNESOTA Im [] 7 (CcLFRddNROAD o 32) -;--------------- I BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Consulting Engineers St. Paul, Minn. Date: 4-7-86 FIG. No. I Comm. 49389 QC2'?3 City Council Minutes September 18, 1979. Page Four .-i Smith then moved and Egan seconded the motion to close the hearings, to approve the assessment rolls, and to authorize the City Clerk to certify the foregoing rolls to the County Auditor. All members voted in favor. IMPROVEMENT PROJECT #235-CLEARVIEW ADDITION UTILITY ASSESSMENTS The Mayor then convened the Project #235 assessment hearing and it was reviewed by the City Administrator. Some residents in the Clearview Addition appeared and had objections to the street restoratior and requested damages be paid by the contractor in certain cases. Others objected to the lack of cooperation by the contractor in the . project. Wachter moved that the assessment hearing be closed but that it not be approved until all claims are settled and that the project is complete. Egan seconded the motion. Mr. Colbert recommOdec that the roll be adopted but that the final payment not be made to the contractor until the contract is complete. The above motion was withdrawn. Egan then moved to close the hearing, to approve the project and to authorize that the roll be certified and forwarded to the County Auditor. Wachter seconded the motion and all members voted in favor. GICLEARVIEW ADDITION STREETS -PROJECT -#281 The next hearing convened by Mayor Murphy concerned Project #281 regarding street improvements in Clearview Addition. The City Engineer reviewed the project in detail and a petition signed by affected owners in the area was submitted indicating 5 lot owners were against and 5 lot owners were in favor of 23 lot owners polled. A large number of affected owners were present, most of whom objec The City Council reviewed the proposed Eden Addition to the North and the effect of additional traffic upon the Clearview area. It was noted by Council members and the City Engineer that costs will increase from year to year and several owners present indicated that they favored installation of the project because of the potential increase of cost. It was noted also that there were dust and maintenance problems that will continue until the improvements are installed. Wachter moved to close the hearing, to order in the project and to authorize the City Engineer to prepare the plans and specifications. There was no second to the motion and the motion died. Smith then moved and Egan seconded the motion to close the hearing and not to order the project in on the basis of the large majority who objected to the improvements, knowing, however, that it is expected that certain residents will again petition for im- provements within a few years. All members voted in favor except Wachter who voted no. PFJ Agenda Information Memo May 6, 1986, City Council Meeting Page Twenty -Eight OLD BUSINESS APPROVE SITE PLAN/GRADING PERMIT EX09-056 A. Approve Site Plan and Grading Permit EX09-056., Sperry Marketing Facility --The staff has received an application for a grading permit for the site development of the future Sperry Sales and Marketing facility to be constructed in the southwest corner of Pilot Knob Road and Towerview Road. All application materials have been submitted, reviewed by staff and found to be in order. However, as of this packet preparation, they have been unable to acquire a permit for grading within the Northern Natural Gasline Easement which is required before final approval of a City Grading, Permit. Enclosed on page �j is a proposed site plan for this facility showing the traffic circulation, parking lot layout, building location, and major landscaping, berming and screening,. The first phase of the grading plan proposes to stockpile material to south of the Towerview Road cul-de-sac for future redistribution for final landscaping and restoration. Representatives of Sperry Corporation will be available to discuss and describe the relationship of this development proposal to the adjacent properties. It is anticipated that a formal building permit will be requested within the next 30 - 45 days. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the site plan and grading permit EX09-056 for the proposed Sperry Marketing facility. 13 A fzw vfrlr lam- - - - - - - - - N VVKR BM :i.L"-1�-",�...-,, R. HE. 1n_ - V:i dl t Ayl �1XF ty. . LEGEND .. ....... d �'A TWIN-CMES CONSOUDATION FACIUTV PLAN C.02 Agenda Information Memo May 6, 1986, City Council Meeting Page Twenty -Nine SPERRY TAX INCREMENT FINANCING B, Consider Distribution of Draft Sperry Tax Increment Financing Plan and Set Date for Public Hearing --At the February 4, 1986, regular City Council meeting a motion• was adopted providing preliminary approval of the use of up to $700,000 of Tax Increment Financing for the proposed Sperry project. The Sperry Corporation has made a decision to construct their sales and marketing facility on the northeast corner of the. Sperry campus and is seeking the Tax Increment Financing as proposed by the City. A public hearing to consider and adopt a Tax Increment Financing Plan is required. It was suggested by bond counsel that the public hearing to consider ® the Sperry Tax Increment Financing Plan and development district be scheduled as a part of the May 21, 1986, City Council meeting. The City will notify Dakota County and Independent. School District. #197 in writing that a Tax Increment. Financing district is being given consideration by the City Council. Those two governmental jurisdictions have 30 days to review the proposal. At the June 17, 1986, City Council meeting final ratification of the Tax Increment Financing is planned and the bond sale is scheduled for July 1. The City Administrator, upon direction of the City Council, is meeting with the Sperry Corporation to review and coordinate the various public improvements that will be funded by the Tax, Increment: Financing. Since all the funds are being, used for public improvements, the City Council can issue the bonds. If side excavation and preparation and other types of improvements that. would only benefit. the Sperry Corporation were being con- sidered, it. would, be necessary that the Housing and Redevelopment. • Authority act as the issuer. ACTION TO BE CONSIDERED ON THIS ITEM: Approve or deny distribution of the Draft Sperry Tax Increment. Financing Plan to Dakota County and Independent. School District #197 and set the date for the TIF hearing for the May 21, 1986 City Council meeting. SPECIAL NOTE: Detailed information pertaining to the cost breakdown and other information will be provided as background information for the public hearing scheduled on May 21. 0 Agenda Information Memo May 6, 1986, City Council Meeting Page Thirty OFF -SALE LIQUOR LICENSE POLICY AMENDMENT C. Consideration of Request to Amend Off -Sale Liquor License Policy --The Federal Land Company submitted a letter in March requesting that the Off -Sale Liquor License Policy be amended to allow for one (1) additional license to be used in the Town Centre/Eagan Shopping Center. This request was given consideration at the March 19, 1986 meeting. Action was taken at that meet'ing "to continue the request indefinately until the applicant, through the staff, submits adequate data to support a revision to the policy." Federal Land Company has completed a study, a copy is enclosed on pages Of through , and would like an opportunity to present the results an further the request for an additional off -sale liquor license at this meeting. As background information, action was taken at the July 16, 1985 meeting, to amend the off -sale liquor license policy by defining new geographic boundaries. It was also determined at that meeting that. the number of off -sale liquor licenses would remain at four (4). For a copy of the Off -Sale Liquor License Policy, refer to page( D� - ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a change in the Off -Sale Liquor License Policy to allow for one additional off -sale liquor license to be granted within a specific area of the City. • 97 W Federal Land Company Yankee Square Office III • 3460 Washington Drive • Suite 202 • Eagan, Minnesota 55122 • Tel. 612-452-3303 April 11, 1986 Mr. Thomas Hedges, City Administrator City of Eagan P.O. Box 21-199 3830 Pilot Knob Road Eagan, Mn. 55122 RE: Off Sale Liquor License • Dear Mr. Hedges: It was requested at the March 19, 1986 meeting of the City Council that adequate data must be supplied to support a revision of the number of off sale liquor licenses issued in the City of Eagan. I have enclosed a study as prepared by our staff reviewing the off sale i liquor license policy of 21 cities in the surrounding metropolitan community. This information was obtained by contacting each city on the list. The average number of licenses issued per person, based on the enclosed information, is one license per 3,459 people. You will also note that of the 21 cities contacted a great majority of them had no limitation at all on the number of licenses issued The purpose of this study was not to recommend that the City of Eagan should remove the limitation on the number of off sale liquor licenses that can be issued, but rather by allowing one more off sale •liquor license the ratio would change from 1 per 8,063 (32,250 divided by 4) to 1 per 6450 residents. By allowing one more off sale liquor license there should be no substantive change. By referring to the enclosed study you can see that Eagan would still be above the average of one license per 3,459 residents. Due to Eagan's growth over the last fiveears the y population could easily support one more off sale liquor license. Historically, in the areas where there is an unlimited number of licenses, the market and availability of desirable locations are the self-limiting factors. The Town Centre -Eagan Shopping Center is being developed with a downtown concept which will provide a complete range of services. Federal Land Company will have no vested interest in obtaining this off sale liquor license other than being able to include this as one of the services available to the community in our Town Centre -Eagan Shopping Center. i 4 Federal Land Company Mr. Thomas Hedges, City Administrator April 11, 1986 Page 2 Therefore, Federal Land Company would request that the City Council allow one additional off sale liquor license in the City of Eagan at this time. Sincerely, Martin F. Colon MFC/ap • Encl: S9 I OFF SALE LIQUOR LICENSE INFORMATION CITY POPULATION* NO. AUTHORIZED NO. ISSUED NO. PERSONS PER LICENSE Apple Valley 21,818 Municipal Only Arden Hills 8,012 No Limit 3 2,671 Bloomington 81,831 No Limit 25 3,273 Burnsville 35,674 No Limit 8. 4,459 Eden Praire 16,263 Municipal Only Golden Valley 22,775 No Limit 8 2,847 • Hopkins 15,336 12 8 1,917 Inv. Grv. Hts. 17,171 No Limit 6 2,862 Lake Elmo 5,296 No Limit 2 2,648 Minneapolis 370,951 1/5,000 people 54 6,869 Newport 3,323 No Limit 3 1,108 Oakdale 12,123 No Limit 3 4,041 Plymouth 31,615 No Limit 11 2,874 Richfield 37,851 Municipal Only ®Robbinsdale 14,422 Municipal Only St. Louis.Pk. 42,931 No Limit 9 4,770 St. Paul 270,230 1/5,000 people 58 4,659 Shoreview 17,300 No Limit 6 2,883 Stillwater 12,290 No Limit 0 0 W. St. Paul 18,527 8 8 2,316 Woodbury 10,397 No Limit 2 5,149 *Population figures are based on the most current census figures. STUDY AS PREPARED BY THE STAFF OF FEDERAL LAND COMPANY BY CONTACTING EACH CITY LISTED ABOVE. ORDINANCE NO 26, 2ND SERIFS AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 5, ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY AMENDING PROVISIONS REGULATING THE NUMBER OF OFF -SALE. LIOUOR LICENSES. THE CITY COUNCIL OF THE CITY OF FAGAN DOES ORDAIN: Section 1. Eagan City Code, Chapter 5, is hereby amended by amending a Section to read as follows: Section 5.52, Liquor License Restrictions and Regulations Subdivision 12. No more than four (4) off -sale licenses may be issued. They must be geographically spaced so that one license shall be located in the north area (southerly boundary shall be Silver Bell Road - Wescott Road excluding Silver Bell Shopping Center); one in the southeast area; and two in the southwest area with the easterly boundary located along the Interstate I -35E right of way. The Silver Bell Shopping Center shall be included in the southwest area. The Council reserves the right to determine specific compliance with this subdivision. Section 2. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: is Clerk Date Ordinance Adopted: July 16, 1985. Date Ordinance Published in the CITY OF EAGAN CITY COUNCIL Its Mayor legal newspaper: February 6, 1986 L9/ Agenda Information Memo May 6, 1986, City Council Meeting Page Thirty -One EAGAN 40 PD AND PRELIMINARY PLAT OF DEERFIELD ADDITION D. Extension for Eagan 40 Planned Development and a Preliminary Plat of Deerfield Addition --The Advisory Planning Commission held public hearings on March 25 and April 22, 1986, to consider an extension of the Eagan 40 Planned Development and further a preliminary plat entitled Deerfield Addition. Action was taken by the APC to recommend an extension of the Planned Development Agreement and secondly to approve the preliminary plat, subject to certain conditions. For additional information on this item,, refer to the staff reports, ® copies are enclosed on pages �gthrough //Z. . There was a question• raised by the applicant as to whether the extension of the planned unit development for the Eagan 40 project required a public hearing. Mr. Dave Sellergren. representing the applicant, provided a memorandum, copies are attached on pages IL3 through /�Jo for your review. The Park and Recreation Commission is recommending a cash donation for the proposed development. For action that was taken by the Advisor Planning Commission on this item, refer to pages // through // ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a three (3) year extension for the Eagan 40 Planned Development. and 2) a preliminary plat of Deerfield Addition. 9z z MEMO TO: PAM MC CREA, CHAIRPERSON & ADVISORY PLANNING COMMISSION FROM: DALE C. RUNKLE, CITY PLANNER DATE: APRIL 16, 1986 SUBJECT: EAGAN 40 LIMITED PARTNERSHIP PLANNED DEVELOPMENT DEERFIELD ADDITION PRELIMINARY PLAT At the March 25, 1986, Advisory Planning Commission meeting, the Commission continued the Deerfield preliminary plat in order to obtain more specific information. The first issue discussed by the APC, regarded the storm sewer for this development. The Engineering Department has reviewed this area and has determined that there will be a dry pond in the low area and that the existing storm sewer in Thomas Lake Road is at an adequate ® depth to pick up low area of this development. Therefore, it is requested that the storm sewer be extended into the low area at the elevation requested by the City Engineer. The second issue discussed by the. APC was the park review for this development. The Park Commission has reviewed this preliminary plat and is suggesting that., if approved, it should be subject to a cash dedication per unit and that a trail be provided on the south side of Diffley Road. This would fulfill park dedication requirements for this planned development. The third issue discussed was a request for more detailed land use information. Staff has included exhibits of the Eagan 40 Limited Partnership Planned Development, showing the layout for road access and number of units allowed in the planned development. This should provide the detailed land use background, as requested, as to how ® this would compare with the development plan submitted as Deerfield Addition. The last, and most crucial issue, was how this planned development would fit in accordance with a new ordinance adopted March 19, 1986, and published April 10, 1986 entitled "Land Use Regulations by Adding Provisions for Public Hearing Renewal, Extension and Termination of Planned Unit Developments". The City staff has requested the City Attorney to provide direction to the APC as to the impact of this ordinance on the Eagan 40 Limited Partnership Planned Development. Enclosed with this memorandum is the planned development review and a copy of the City Attorney's memorandum for your review. 1OR City Pla finer Enclosures DCR/jh �3 r HAUGE, EIDE & KELLER, P.A. ATTORNEYS AT LAW WATER VIEW OFFICE TOWER. SUITE 303 1200 YANKEE DOODLE ROAD EAGAN. MINNESOTA 55121 PAUL W. HAUGE . KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN MICHAEL J. MAYER April 17, 1986 Mr. Thomas L. Hedges City Administrator 3830 Pilot Knob Eagan, Minnesota 55122 Re: Eagan 40 Planned Developments/Deerfield Addition Dear Tom: AR" CooE 512 TELWHCHE 455-8000 454.4224 An application has been received from Charles Henrich for preliminary plat approval for proposed Deerfield Addition in the Northwest Quarter of Section 28 consisting essentially of the Eagan 40 Planned Development. The question that's arisen is whether the Eagan 40 Planned Development agreement was extended beyond its initial ten-year term through November of 1975, and if so, whether a three-year option has begun and in addition, whether the City Code requires a public hearing for an extension of a planned development. History Planned development for the Eagan 40 was signed effective November 5, 1975 and paragraph four provides under term of planned development the forty -acre parcel was to be completed within ten years from the date of the agreement and that the developer would agree that it would not contest the withdrawal of the approval of the planned development at the end of the ten-year period. Paragraph four goes on to state, however, "developer may request two extensions of three years each by submitting a written request to Eagan at least 180 days prior to the successive anniversary dates of this agreement. Eagan may in sole discretion approve or deny the requested three-year extensions." licable Ordinance Provisions Code Section 11.20, Subd. 8D requires that a planned development agreement be entered into as a part of approval of the preliminary plan as part of a planned development. Code Section 11.20, Subd. 8E requires annual reviewal and in the event that the developer has not substantially complied with the agreement that the Counsel may in its sole discretion remove the superimposed planned development by resolution after a duly advertised public hearing and if terminated, the planned area with the P.D. shall automatically revert to its prior basic zoning classification. (F�1_ Mr. Thomas L. Hedges April 17, 1986 Page Two Code Section 11.40, Subd. 6 numbers the procedure for applications for planned developments including the planned development under Section C of the same subdivision. An amendment to Section 11.20, Subd. 8E adopted by the City Counsel on March 22, 1986 and recently published in the legal newspaper requires a public hearing by the Advisory Planning Commission and a determination by the Counsel whether to extend the planned development. ® Analysis A joint meeting of the Advisory Planning Commission and Counsel was held on November 12, 1985 for the annual review of all planned developments in the City including Eagan 40 P.D. Because of the expiration date the staff recommended the request for extension of the planned development which presumably was in writing in conformance with the ordinance, although we have no showing that the 180 day request for.extension was submitted in writing as required by the ordinance, that it be placed on a later agenda. A motion was adopted at that meeting for continuation subject to several issues including the developer requesting the City Counsel for an extention of a maximum of three years. In addition, the formal hearing requirement is also discussed at the same meeting. _ A request was made that the staff prepare an amendment to the City Code to provide for public hearing and as I recall it was prepared in December to be • placed on the January Advisory Planning Commission agenda, it was delayed until the February 1986 Planning Commission meeting and was recommended for approval and then was adopted by the City Counsel at its March 22, 1986 meeting. Some of the relevant issues include the following: 1. The formal requirement for a hearing on an extension was not in place at the time of the scheduled expiration of the ten years. 2. If there was a written request for extension beyond 180 days prior to the expiration date, that of course would influence the hearing requirement.. 3. It is our understanding the underlying zoning is agriculture in this property. 4. In effect, the Planning Commission and City Counsel have not acted on the extension and therefore it was recommended that a hearing be scheduled for the Advisory Planning Commission which is now set for April 22, 1986 to consider the extension of the planned development. Mr. Thomas L. Hedges April 17, 1986 Page Three It 5. At the March 26, 1986 public hearing before the Advisory Planning Commission on Deerfield Addition the motion was made to continue the application until the next regular meeting to provide for a public hearing regarding the extension of the planned development if it was necessary to do. In addition, the Planning Commission requested further detail regarding the application. Very yours, HAUGE IDE S KELLE , P.A. Paul H. Hauge PHH:cjb PLANNED DEVELOPMENT REVIEW NAME OF P.. D.: EAGAN 40 LIMITED PARTNERSHIP (75-3) OWNER/DEVELOPER: DAN DOLAN LOCATION: NE2 OF THE NW; OF SECTION 28 DATE INITIALLY APPROVED: NOVEMBER 5, 1975 TERM OF P.D.: 10 YEARS DATE REVIEWED: NOVEMBER 12, 1985 PREPARED BY: JIM STURM • I. LAND USES PARCEL ACRES LAND USE DWELLING UNITS A 2.2 R-3 16 B 19.2 R-4 230 C 13.0 R-3 92 R.O.W. 5.2 TOTAL 39.6 II. ACTIVITIES WHICH HAVE OCCURRED DURING THE PAST YEAR There was no activity in 1985. The developer is requesting an extention to the original 10 year P.D. that expires in January. {.: III. PROPOSED CHANGES - s' There have been no plans submitted by the developer requesting changes in 1985. IV. PLANNED DEVELOPMENT. AGREEMENT The original agreement was- for 10 years (expires in January 1986) with an option to request two - three year extentions. V. PROBLEMS AND CONCERNS With the opening of 35E the developer is hoping to receive more inquiries/options on this property. The original agreement was amended to reflect the land use of R-3 and R-4 with no n ' Cou�•1 �e..Z. 3c Parcel B 19.2 acres ± Land use R-4 230 Dwelling Units i Parcel A 3 2.2 acres - Land use R-3 C 16 D.U. e Parcel C 13 acres ± Land use R-3 92 Dwelling Units yrs � !•• \ ..j\a--+-Via.,-�1�. ��'=J�',I� ` .. •�`. ��I J `� �\ . / •' /�/ice , �...��� .�—rzi;'.\,\� ` \.1� Dn'{�CC�n/I �•'1 DO JO 902 11 ' ��r , \\: \::• \ i• �i 1 1' j cZI=, / . , / 1 / .��lif •\�\\�'--_a.' / DE. TES r' •� �=� '_.'PARCEL lTi. �` BUIL DING 1S3 1 ,1, �..;� � AREA � /. /• � 1 ,.• •tel �J r �� ihl �_-�•�.'���\` _...__-� �I- •�/ � ___. __ !\. r J - ' '\ -cc^^l t/ I`/. /•'lam • 1 Mo CITY OF EAGAN SUBJECT: DEERFIELD ADDITION - PRELIMINARY PLAT APPLICANT: CHARLES HENRICH LOCATION: NA, SECTION 28 EXISTING ZONING: PLANNED DEVELOPMENT (EAGAN 40) DATE OF PUBLIC HEARING: MARCH 25, 1986 DATE OF REPORT: MARCH 18, 1986 REPORTED BY: PLANNING & ENGINEERING DEPTS ® APPLICATION: An application has been submitted requesting a preliminary plat for 324. rental apartments on the Eagan 40 Planned Development site south of Co Rd 30 (Diffley Rd) and just west of Thomas Lake Rd. ZONING & LAND USE: The Eagan 40 P.D. was to expire in January, 1986, after sitting idle for 10 years. The 39.6 acres were approved for 338 building. units. Thomas Lake Rd splits approx. 2.2 acres to the east. from the rest of the. site. There is no building planned for this area at this stage of development. A proposed road extension (Deerfield Rd), connecting Thomas Lake Rd and Johnny Cake Ridge Rd, was shown in the P.D. layout. This will pass through undeveloped R-4 (multiple) and RB (roadside business) zoning districts to the west. The road as shown in the preliminary plat site plan reflects that of the original conceptual plan • as does the entire site plan. Undeveloped agricultural land is to the north across Co Rd 30 and a P.D. with underlying agri- cultural (A) zoning abuts this site to the east. The 100' Williams Brother Pipeline bisects this site in a south to northeast manner. The topography is rolling but generally flows toward a ponding area near the center of the site. A deep ravine that enters the .ponding area from the west is wooded as is the area .along the SE property line. Other smaller tree stands dot the site. SITE PLANNING: The project is. to be developed in 3 phases. The first consisting of 3. buildings along the southeastern portion of the site and the recreational/commons area. Phase 2 will contain 2 buildings south of Deerwood Rd and west of the pipeline easement. Phase 3 will include 4 buildings with a private drive extending south from 'Co Rd 30. This private drive will also connect with Deerfield Rd. All 9 buildings contain 36 units and provide underground parking. 324 10' x 20' outside parking stalls will be required. They .have been shown on the submitted preliminary plan. The proposed plat meets all City Code require- ments in terms of setbacks, lot coverage, density and parking requirements. /0 DEERFIELD ADDITION PRELIMINARY PLAT MARCH 25, 1986 PAGE 2 The applicant intends to create a "New England" type atmosphere with this project. The buildings are designed to have the feel of a large manor home. They will be 3 story (30 - 35' height) gabled and have high pitched roofs. The exterior will consist of brick and horizontal lap siding. There are 5 individual unit types proposed ranging in size from 836 S.F. to 1285 S.F. Some ' units may contain fireplaces. Other amenities include full washers/ dryers, built-in micro waves, elevators, a 2500 S.F. meeting room/recreational facility and tennis courts. Rents will vary from the high $600's to middle $700's. s GRADING/DRAINAGE: The preliminary grading plan the applicant submitted for this site is feasible and complies with all City Code requirements. The final grading plan will have to show erosion control measures. In addition to the site grading, staff • recommends that this development also grade the southwest corner of the intersection of Thomas Lake Road and Diffley Road to provide for a minimum 400' site distance. The intersection now is extremely dangerous because of the short site distance to the west. This proposed development is located within Major Drainage District B. Hills and basins typify the existing topography within this development. The majority of this area drains into a basin at an elevation of about 900 located near the center of this proposed development. Meanwhile the perimeters of this development generally drain away from this site. The grading will not be changing any existing drainage patterns. The first phase of this development will not require any trunk storm sewer extensions. UTILITIES: Sanitary sewer of sufficient size, capacity and depth exists at Clemson Drive and at Baylor Court to provide service to this proposed development. Water main of sufficient size and capacity is in place along Thomas Lake Road and County Road 30. STREETS: Thomas Lake Road and Diffley Road border this development on the northeasterly corner and northerly boundary respectively. Thomas Lake Road is a City street designated as a community collector street. Diffley Road is a rural two-lane County Road under the jurisdiction of Dakota County. Thomas Lake Doad is built to its ultimate design, while Dakota County has tentative plans for upgrading County Road 30 in 1988. The proposed internal public street, Deerfield Road, will eventually connect Thomas Lake Road and Johnny Cake Ridge Road providing a regular 32 ft. wide roadway. Staff estimates the total trip generation from this site to be about 2,000 trips per day. If the private access is not granted to Diffley Road, then DEERFIELD ADDITION PRELIMINARY PLAT MARCH 25, 1986 PAGE 3 Deerfield Road will have to handle all 2,000 trips. If the access is granted onto County Road 30, then staff estimates Deerfield Road would have to handle about 1,000 trips per day. If a right -in right -out only is approved at County Road 30, then Deerfield Road would have to handle between 1,000 and 2,000 trips per day. Staff recommends a 36 ft. wide roadway for Deerfield Road. This would mean handling about 2,000 trips per day, the worst case situation. This width would also provide for adequate traffic flow with parking or stalled vehicles along one side of the road. ® RIGHT-OF-WAY/EASEMENTS: This development will have to dedicate a 65 ft. half right-of-way for Diff ley Road. Also, this development shall dedicate on the final plat a full 80 ft. right- of-way for Thomas Lake Road, which is presently dedicated as an easement. Because of the recommended 36 ft. width for Deerfield Road, staff would recommend increasing the right-of-way dedication to 66 ft. This development will have to provide for easements over all public utilities not located within public right-of-way. Water main easements shall be a minimum of 20 ft. in width, with the sanitary sewer and storm sewer easements being a minimum of 30 ft. in width. This development will be responsible for dedicating all standard easements required by City code. PERMITS: This development will be responsible for obtaining the following permits: ® 1. MPCA - Sanitary sewer extension. 2. Mn Dept. of Health - Water main extension. 3. Dakota County - Grading within County right-of-way. 4. Williams Brothers Pipeline Company - Grading within easement. ASSESSMENTS: City assessment records indicate this development is responsible for trunk area storm sewer for Parcel 010-25 and 010-26. All other trunk related assessments have been assessed at the correct zoning rates. In addition, this development will be responsible for future street upgrading assessments for Diffley Road and future trailway assessments along Diffley Road. (See Figure 2). _ The following table summarizes these obligations. /c3 DEERFIELD ADDITION PRELIMINARY PLAT MARCH 25, 1986 PAGE 4 Description Trunk Area Storm Lots 1-3 Outlot A,B,C Street (Future) Multiple Equivalent Outlot A Outlot C Trailway Outlot A Outlot C ASSESSMENT SUMMARY TABLE Estimated 1986 Quantity Rate Amount 344,124 sq.ft. $0.064/sq.ft. $21,384 1,180,476 sq.ft 0.064/sq.ft. 75,550 900 f.f. (1) $63.36/f.f. $57,024 (1) 180 f.f. 63.36/f.f. 11,405 975 l.f. $11.81/l.f. $11,515 255 l.f. 11.81/l.f. 3,012 TOTAL $179,890 (1) Includes 75' corner lot credit Staff will use the rates in effect at the time of final platting along with the final plat areas to determine the final assessment obligation of this development. These assessments may either be • paid at the time of final plat approval or spread as an assessment by way of a Waiver of Hearing. This development shall be solely responsible for all costs of internal streets and utilities. 16� DEERFIELD - PRELIMINARY PLAT PAGE 5 CONDITIONS: 1. The developer shall comply with all standard engineering recommendations which apply. 2. The developer shall do the necessary grading at the southwest corner of Thomas Lake Road and Diffley Road to provide for a minimum of a 4001 site distance. 3. If the utilities are installed under a public contract, then Council must authorize the project before' final plat approval. 4. This development shall dedicate the following right-of-way widths: a. 65 ft. half right-of-way for Diffley Road. b. 80 ft. full right-of-way for Thomas Lake Road. ®C. 66 ft. full right-of-way for Deerfield Road. 5. This development shall be responsible for dedicating a minimum of 20 ft. width utility easement for water main and 30 ft. utility and drainage easement for sanitary and storm sewer not within public right-of-way. 6. The development shall be required to obtain the necessary permits and approvals from the following: a. MPCA - Sanitary sewer extension permit. b. Mn Dept of Health - Water main approval. C. Dakota County - grading within right-of-way permit. d. Williams Brothers Pipeline - grading within easement permit. ® 7. This development will be responsible for its trunk area storm sewer, future street upgrading multiple equivalent assessments, and trailway assessments at the rates in effect at,the time of final platting. 8. This development shall be responsible for all costs of installing the internal public streets and utilities. 9. A time extension be granted to the original 10 year P.D. Agreement for enough time to complete the project. (The original Agreement had an option to request 2 three year extensions). 10. An Environmental Assessment Worksheet (EAW) be prepared and submitted for staff review prior to the issuance of any building permits. 11. The . garage shall be included in the rental unit price if if only..2 stalls per:unitoare::provided ::ithithe_project. /D5 DEERFIELD - PRELIMINARY PLAT MARCH 25, 1986 PAGE 6 12. The project shall be subject to Park Commission's review and comment regarding park dedication. 13. A detailed landscaping plan shall be submitted including a bond which shall not be released less than one year after landscaping is completed. E • 16� MEMO TO: CHAIRPERSON MC CREA & THE ADVISORY PLANNING COMMISSION FROM: JIM STURM DATE: MARCH 20, 1986 SUBJECT: DEERFIELD PRELIMINARY PLAT NEIGHBORHOOD MEETING On Wednesday evening, March 19, 1986, a neighborhood meeting was held at the Eagan Library. The applicant, Charles Henrich, the site engineer and 15 area residents were present. A concern expressed by the residents of the Thomas Lake Heights Addition was the proximity of one building to the southern property ® line in the phase one development of Deerfield (along the SE portion of the site). The applicant has agreed to study an alternative where the third building would be removed and relocated in the phase 2 development to the west. This would keep approximately 200of property (a sumac hillside) in its natural state and act as a buffer between the 2 developments. This alternative will be drawn up prior to the March 25 Advisory, Planning Commission meeting for your review. The residents also requested that a condition for approval be that the remaining 2 building pads in phase one be field staked prior to the April 15, 1986 City Council meeting. The applicant agreed to this condition. �a7 0 • :1r A A TA_ !Y- b JANTNFA "ice" �l Af James R Hill• inc- CHARLES R. MENRICN DEERFIELD DEVELOPMENT PRELIMINARY r PLANNERS / ENGINEERS /SURVEYORS arae ca�a Laaca oaiaA EAGAN AO LTO. GRADING PLAN aPiu asaaa Af �06I2 2 4.0 54 0 0 PARKVIEW GOLF COURSE FIG. *1 city of eagan approved: ard STORM SEWER #: PUBLIC WORKS DEPARTMENT MASTER PLAN 846 0 653.2 i. 54 0 0 PARKVIEW GOLF COURSE FIG. *1 city of eagan approved: ard STORM SEWER #: PUBLIC WORKS DEPARTMENT MASTER PLAN IlWl'II U111L �IINNNWNNWNIWININNXININN � h A TV— ji 915 I SUN 00r/ 1 OUYLOT A R] r R] RUO 6 - I of DDnOTO If / lY I V r E f \ r`r7 - C`�,. i _ / I 1 Ra % R] / 1, 1 une . � I CMARLEa R. HEXRICN DEERFIELD DEVELOPWI PRELIMINARY PUT roff -- FLAMERS/ENGINEERS/SURVEYORS nae uYnelca Dena lelae•YY.'efeae EAGAN AO LTO _ I I R3 PUD R] PUD L- ,G0 C 121ti� LQ�EQ1�e nwlxoi Fw(t�P—E �— James R. Hill, r— CMARLEa R. HEXRICN DEERFIELD DEVELOPWI PRELIMINARY PUT roff -- FLAMERS/ENGINEERS/SURVEYORS nae uYnelca Dena lelae•YY.'efeae EAGAN AO LTO _ --rtPLPE9kLk.1C 0 i 1500 NORTHWESTERN FINANCIAL CENTER 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431 TELEPHONE 161 21 8 3 5-3800 TELECOPI E R:161 21 835 5102 REPLY TO MINNEAPOLIS OFFICE DAVID C. SELLERGREN April 18, 1986 RECEIVED Hrit'z L.ARKIN, HOFFMAN, DALY& L,INDGREN, LTD. 222 H3 NFNTTH SIR FRAY ETR LAW MINNEAPOLIS. MINNESOTA 55402 ATTORNEYS AT L:- W TELEPHONE 16121338 6 610 TE LECOPIER: 16121338 1002 Paul Hauge HAUGE, EIDE & KELLER Water View Office Tower, Suite 303 1200 Yankee Doodle Road Eagan, Minnesota 55121 RE: Eagan 40 Dear Paul: Enclosed is a copy of a memorandum I provided to Dan Dolan. It sets forth some of my thoughts regarding the confusion surrounding the Amended Eagan Estates Planned Development Agreement, its extension and the Deerfield Addition proposal. You may wish to review it for whatever assistance it may have to you in rendering advice to the Planning Commission and Council, if any legal questions arise. Sincerely yours, • David C. Sellergren, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd DCS/ssg Enclosure cc: D. Dolan D. Runkle V/ //3 1500 NORTHWESTERN FINANCIAL CENTER 7900 %ER%ES AVENUE SOUTH BLOOMINGTON. MINNESOTA SS4 II TELEPHONE'161!IS:S i6Ck1 TELECOVIFR 61 1183S 5101 LARKIN, HOFFMAN, `IT`FR AY DALY & LINDGREN, LTD. '2 COUTHIAFFNINTH STHETR 1 -T�� \ w ` y� SIINNEZPk%IS MINNESOTA 55401 .11 lL!RIV'�1' AT L.��V it I,O NE. 6111, 186610 P, F.0 (!P!f R 16121 I38 1101 M E M O R A N D U M TO: EAGAN 40, A LIMITED PARTNERSHIP FROM: DAVID C. SELLERGREN DATE: APRIL 10, 1986 SUBJECT: AMENDED EAGAN ESTATES PLANNED DEVELOPMENT AGREEMENT - DEERFIELD ADDITION This Memorandum sets forth the proposition that Deerfield Addition should be approved by the City of Eagan because it is consistent with the Amended Eagan Estates Planned Development Agreement, dated November 29, 1982 (Agreement), and with the current zoning classification. In succinct form, the reasons are as follows: 1. First, both the Agreement and Eagan ordinances clearly state than an affirmative action of withdrawal of planned development approval is required before termination of the rights set forth in the Agreement. That action has not occurred, therefore the approval remains in effect. 2. The application for Deerfield Addition was submitted • several months ago when the Agreement undisputably remained in force. 3. The new Eagan ordinance requiring public hearings before planned development agreement termination was not yet effective as of the date of the application for or the public hearing on Deerfield Addition held March 25, 1986. 4. The land owner has deeded community collector road right of way and paid assessments for road and water service based on the circulation plan, uses, and densities in the Agreement. 5. The applicant for Deerfield Addition has invested substantial sums in preparing its application and for land acquisition preceding any City notices of intent (none have been sent) or any hearings related to withdrawal of approval of the Agreement. LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW 6. The proposed Deerfield Addition is substantially consistent with the uses, densities, and circulation set forth in the Agreement. 7. The proposed Deerfield Addition is substantially consistent with the current Planned Development zoning classification. ® The Agreement allows development of the property for 338 residential units and commits the City to revise the Land Use Guide Plan to provide for R-3 and R-4 use (Sections 6 and third "Whereas" clause). Pursuant to the Agreement, Eagan agreed to rezone the property to Planned Development and agreed to permit development in accordance with the Agreement (Sections 5 and 1). Deerfield Addition is in accordance with the Agreement. Section 11.20, subd. 8.E., of the Eagan City Code, in effect as of the date of the Planning Commission hearing on March 25, 1986, was silent as to the effect of the expiration of time in a planned development agreement. Therefore, the terms of the Agreement would control. Section 4 of the Agreement states "...developer agrees that it will not contest the withdrawal of said approval at the end of said ten (10) years." No notice or ® action under the terms of the Agreement to withdraw approval was taken as of the hearing date. In fact, in the preceding months on several occasions the land owner was informed that it was not necessary to request any extensions authorized by the Agreement. Therefore, Deerfield Addition was entitled to be considered pursuant to the terms of the Agreement. Even if the current form of Section 11.20, subd. 8.E., was or is applicable to Deerfield Addition, it clearly sets forth a requirement that there be an affirmative action by the City Council to terminate a planned development agreement. No such action has been taken. Therefore, Deerfield Addition should be reviewed and approved in accordance with its consistency with the Agreement. The Agreement is the contractual and textual statement of what the City and the land owner agreed in 1982 should occur under Planned Development zoning and the Comprehensive Guide Plan. The Comprehensive Guide Plan and zoning district were to be amended according to the Agreement. The City neglected to amend the Guide Plan, but it did change the zoning to Planned Development. Planned Development zoning applies to the land. L,ARKIN; HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW The Comprehensive Guide Plan specifically states, as to the relationship of the plan to planned development agreements, "that, development is permitted to occur as specified in the Planned Development Agreements." (Page X-6, Eagan Comprehensive Guide Plan.) Minnesota Statutes, Section 462.357 subd. 2, further states, "(i)f the Comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance supersedes the plan." Even if it is argued that the Agreement expired on its own without formal action by the City, contrary to its terms and Eagan ordinances, the Planned Development zoning remains in force. The application for Deerfield Addition was submitted and funds were expended in reliance on the Planned Development zoning. Deerfield, Addition is consistent with the current zoning. Thus, the uses and densities authorized in the Agreement and sanctioned by the Planned Development.zoning apply to Deerfield Addition. The land owner and the applicant"have expended funds and made investments in reliance on the Agreement and Planned Development zoning. The land owner's investments are multiple, but an obvious example is the 1978 conveyance of 80 feet of right of way for Thomas Lake Road at the City's request and at no cost to the City, and the imposition and payment of two- sided assessments totalling approximately $50,000 for the road and utility systems, both designed on the premise of servicing densities contemplated in the Agreement. Thomas Lake Road was moved by the City from adjoining property and disected the Eagan 40 land. The applicant has paid application fees, has incurred design and engineering costs, and has paid option fees on the land in reliance on the Agreement and zoning. Therefore, Deerfield Addition should be approved because of its consistency with the Amended Eagan Estates Planned Development Agreement and Planned Development zoning which remain in effect. DCS:AI7 3. )/4 APC Minutes April 22, 1986 EAGAN 40 PLANNED DEVELOPMENT - EXTENSION AND DEERFIELD ADDITION - PRELIMINARY PLAT Chairperson McCrea then opened the hearing for an extension of planned development for Eagan 40 "Planned Development and the preliminary plat of Deerfield Addition containing 324 apartment units on approximately 40 acres located in part of the northwest quarter of Section 28, at County Road 30 and Thomas Lake Road. City Planner Runkle indicated that the extension of the planned development should be considered prior to preliminary plat and gave a brief history of the planned development. He indicated that a letter was submitted by the developer requesting an extension of the PUD which was tabled at the November 1985 PUD Review. At this time, David Bohne arrived. A revision to the Subdivision Ordinance regarding renewal and extension of ® PUD's had been enacted effective March 22, 1986. Assistant City Attorney Dave Keller advised that if the developer had made a written request for extension of PUD, it would help support the Advisory Planning Commission's decision, if it should decide to recommend approval of an extension of a PUD. An appearance was made by Mr. Dan Dolan, owner of the subject parcel. There were no appearances by any members of the general public. After some discussion, member Hall moved, and Voracek seconded the motion to recommend a three-year extension of the planned development. All voted in favor except Chairperson McCrea who voted nay. Charles Hall then moved, McCrea seconded the motion to recommend approval of the preliminary plat of Deerfield Addition, containing 324 apartment units on approximately 40 acres, subject to the following conditions: 1. The developer shall comply with all standard engineering recommendations which apply. 2. The developer shall do the necessary grading at the southwest corner of Thomas Lake Road and Diffley Road to provide for a minimum of a 400 foot site distance. 3. If the utilities are installed under a public contract, then Council must authorize the project before final plat approval. 4. This development shall dedicate the following right-of-way widths: a. 65 feet half right-of-way for Diffley Road. b. 80 feet full right-of-way for Thomas Lake Road. C. 66 feet full right-of-way for Deerfield Road. 5. This development shall be responsible for dedicating a minimum of 20 foot width utility easement for water main and 30 feet utility and drainage easement for sanitary and storm sewer not within public right-of-way. APC Minutes April 22, 1986 6. The development. shall be required to obtain the necessary permits and approvals from the following: a. MPCA - Sanitary sewer extension permit. b. Minnesota Dept. of Health - Water main approval. C. Dakota County - Grading within right-of-way permit. d. Williams Brothers Pipeline - Grading within easement permit. 7. This development will be responsible for its trunk area storm sewer, future street upgrading, multiple equivalent assessments, and trailway assessments at the rates in effect at the time of final platting. 8. This development shall be responsible for all costs of installing the internal public streets and utilities. • 9. A time extension be granted to the original 10 year P.D. Agreement for enough time to complete the project. (The original Agreement had an option to request 2 three year extensions). 10. An Environmental Assessment Worksheet (EAW) be prepared and submitted for staff review prior to the issuance of any building permits. 11. The garage shall be included in the rental unit price if only 2 stalls per unit are provided with the project.' 12. Thedevelopershall provide a cash dedication in accordance with standard requirements, in addition to dedicating a trailway along the south side of Diffley Road. 13. A detailed landscaping plan shall be submitted including a bona which shall not be released less than one year after landscaping is completed. 14. Because the PD provides a total of 338 units of which 322 are now being used, the parcel east of Thomas Lake Road shall be developed as a residential parcel with no more than 16 units. All voted in favor. City Planner Runkle advised the Commission that the plan had been revised somewhat, moving one of the apartments further away from the development just south of the proposed plat. RESIDENCE INN - COMPREHENSIVE PLAN AMENDMENT The hearing regarding the request for a Comprehensive Plan amendment to RB (Roadside Business) from LB (Limited Business) for Residence Inn consisting of a 120 unit hotel on 4.36 acres (located within the Eaganaale LeMay Lake 2nd Addition Planned Development) and part of the north half of Section 10, south Agenda Information May 6, 1986, City Page Thirty -Two Memo Council Meeting COMPREHENSIVE PLAN AMENDMENT AND PRELIMINARY PLAT LEMAY LAKE 2ND ADDITION E. Comprehensive Plan Amendment to RB for Residency Inn and Pre- liminary Plat of Lemay Lake 2nd Addition --A public hearing was held before the Advisory Planning Commission at. their February 25, 1986 meeting, to consider a rezoning and preliminary plat application submitted by the Opus Corporation for the -Lemay Lake 2nd Addition project. The APC recommended approval of the applica- tion. It was determined at the March 19, 198'6 City Council meeting that a Comprehensive Guide Plan amendment was required for the • Residence Inn project.. The APC held a public hearing at their last regular meeting on April 22, to consider the Comprehensive Guide Plan Amendment and is recommending approval. The Commission also reviewed the preliminary plat, recognizing that. only the Residence Inn portion of the original development will be platted at this time and is recommending approval of the revised' plat. For additional information rega ding the original application, refer to pages /7-0 through /4 . For a copy of the revised Eagandale Lake 2nd Addition plat., refer to page For additional information that was submitted to the APC at the April 2 ' '2 meeting, refer to pages �,6 through /$3 . The Advisory Parks and Recreation Commission met at its March 6 meeting, and is recommending 1) a cash dedication be required for the platted lot, consistent with the City's policy and 2) that the developer provide a 75 foot. trail easement along Lemay Lake to provide for potential future trail. For action that was taken by the Advisory Planning Commission on this item, refer to pages -16V through �,Pa_. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) the Comprehensive Guide Plan amendment, 2) provide for planned development zoning of the Residence Inn parcel and 3) the prelimi- nary plat for Lemay Lake 2nd Addition, as revised and containing the Residence Inn project. CITY OF EAGAN SUBJECT: REZONING & PRELIMINARY PLAT EAGANDALE LE MAY LAKE 2ND ADDITION APPLICANT: OPUS CORPORATION (RESIDENCE INN) LOCATION: PART OF THE NA, SECTION 10 EXISTING ZONING: NB (NEIGHBORHOOD BUSINESS, GB (GENERAL BUSINESS) & R-4 (RESIDENTIAL MULTIPLE) DATE OF PUBLIC HEARING: FEBRUARY 25, 1986 DATE OF REPORT: FEBRUARY 20, 1986 REPORTED BY: PLANNING & ENGINEERING DEPTS APPLICATION SUBMITTED: The first application is a request to rezone from NB (neighborhood business), GB (general business) & R-4 (residential multiple) to a commercial planned development ® which would include some neighborhood business uses - restaurants, retail sales and gasoline service facilities. LB (limited business) use for a 72,000 S.F. office facility and RB (roadside business) which would allow 120 room hotel - Residence Inn. This entire commercial planned development would consist of approx. 20.5 acres. The Comprehensive Guide Plan designates this 20 acre parcel as an LB (limited business) site and some of the uses fit the LB category, however, most uses are proposed asa higher intensity use than an LB. Some of the commercial/retail 'uses C, are in conformance with the existing zoning on the property. One of the major differences is that the southerly triangle of the property is presently zoned R-4 (residential multiple) and the proposed office building would be consistent with the Comp. Guide designation of LB. The majority of the retail is of a higher intensity than the LB (limited business) district. The- one use that does not fit the zoning or the Comp. Guide would ® be the 120 room Residence Inn Hotel facility. It has been integrat- ed into the overall commercial plan through the planned development process. SITE PLAN: The property is bordered by Lone Oak Rd on the north, 35-E on the east, LeMay Lake Apartments on the west & LeMay Lake to the south. The Opus Corp. submitted an overall sketch plan as to how they foresee this parcel developing with the detailed development plan of LeMay Lake to the west. It was decided that only one access would be used to service both the multiple project and the proposed commercial project on the east. . This 20 acre parcel would have access provided by a loop street where six lots would be created for six specific uses. These uses are . as follows: 1. A service station facility of approx. 3,000 S.F. 2. Retail strip commercial facility approx. 22,000 3. Three restaurant facilities ranging from 10,000 S.F. to 4,000 S.F. both being the sit down& fast food category. I,-6 OPUS CORP EAGANDALE,LE MAY LAKE 2ND ADD FEBRUARY 25, 1986 PAGE 2 4. A Residence Inn containing approx. 4.4 acres and having 120 rooms. 5. An office building of four floors and 72,000 S.F. The applicant is proposing to plat 6 individual lots of which the major emphasis will be on the lot containing the Residence Inn. The detailed site plan, lot 1, block 1, will consist of 4.4 acres and contain a 120 room Residence Inn with lot coverage 21.6%. The .Residence Inn facility is an extended stay hotel of which the average length of stay would be seven days. The site plan consists of 16 buildings, 15 eight-plex units and one gate house which contains approx. 3,000 S.F. for a common office meeting area to be used by the residents. The gate house will have a full basement for storage and laundry facilities available for the residentsuse. The buildings are clustered around an interior courtyard effect with general parking and circulation on the outside around the perimeter of the lot area. As mentioned_ earlier, each unit will be a suite. One out of every four will be a penthouse suite which would contain two bedrooms, two bathrooms, cooking facilities and a fireplace. It is staff's understanding that all units will contain fireplaces and all units will have full cooking facilities. The required parking for the 120 unit hotel would be 135 parking spaces. The applicants are proposing 144, approx. 9 above City Code requirements. There will be a 20' green area from the interior loop roadway with 3 accesses onto Eagandale Place. Good circulation for this facility has been provided. They are providing a common court walk area with an outdoor swimming pool and hot tub facility. The buildings are proposed to be two story, gabled roof with each unit having an exterior entrance from the courtyard area., The setbacks between buildings are approx. 10' to allow pedestrian movement. This setback between buildings is being reviewed by the Bldg. Dept. so that setbacks for fire protection are met. The applicants will .be present at the Feb. 25th meeting with a slide presentation to better inform the APC on the concept of the Residence Inn. At the present time, the major emphasis of this proposed development is placed on the Residence Inn. The other 5 lots are set up to be platted as lots, however, the detailed site plans will be reviewed prior to any of the building permits being issued. The applicants have indicated that as a condition of this plat, the site plans could be reviewed by the APC and City Council prior to permits. Consequently, no detailed review has been done on the remaining lots with the exception that when lot 4 is platted, it should be split into two in order to accomodate the two buildings proposed. /ZI OPUS CORP EAGANDALE LE MAY LAKE 2ND ADD PAGE 3 GRADING/DRAINAGE: The applicant graded most of this site using excess material generated from the I -35E construction in 1983 and 1984. The proposed grading plan is basically a refinement on the existing site grades to accommodate more specific uses as proposed by the applicant. The preliminary grading plan the applicant submitted appears to meet all City codes for grading. This area is located within Major Drainage District D as shown on Figure 1. The site development grading on this site will require construction of storm sewer throughout the site to handle parking lot drainage and street drainage. Under City Contract 85-7, the City installed a 54" storm sewer line down Eagandale Place to provide adequate capacity for upstream areas and this site. This new line is suited to handle the flow from this proposed development site. The City will not have to construct any new trunk storm sewer as a result of this development going in. UTILITIES: Also under City Contract 85-7, the City installed water main and sanitary sewer within Eagandale Place. If the City approves this project, then the water main and sanitary sewer can easily be extended into this site to provide necessary service for this area. Staff would like to see the water main from Eagandale Place extended easterly to connect to an existing 12" water main located near the northeast corner of this proposed development as a condition of approval. This connection would benefit this area by improving water flow characteristics. STREETS: Eagandale Place is an existing City street built to its ultimate design which provides access to this proposed development. The City also constructed this street under Contract 85-7. It will be this development's responsibility to remove the existing turn -around on Eagandale Place and extend the street in a circular fashion to loop back onto itself as shown on the proposed submittal drawings. Staff recommends this roadway width be 36' wide with no parking on either side. Staff recommends that driveways on the internal street for future developments meet the following criteria: 1, where possible, driveways opposite each other shall line up. 2. A 75' offset will be required for driveways which cannot be made to line up. 3. There shall be.a minimum of a 100' separation between driveway center lines on the same side of the street. OPUS CORP EAGANDALE LE MAY LAKE 2ND ADD PAGE 4 PERMITS: The applicant for this development will be responsible for obtaining the following permits or approvals if the applicant chooses to install public utilities under a private contract: 1. MPCA sanitary sewer extension permit. 2. MWCC sanitary sewer extension approval. 3. Mn. Dept. of Health water main extension approval. RIGHT-OF-WAY/EASEMENTS: The 60' right-of-way the applicant is proposing to dedicate for Eagandale Place presents no problems for staff because they are dedicating an additional 20' drainage and utility easement adjacent to the public right-of-way. In addition to the easements required by code, this development will be responsible for dedicating a 20' easement over the water main segment looping to the northeast of this site, which is not located within City right-of-way. ASSESSMENTS: In researching the City's assessment records, portions of Parcels 010-01 and 020-26 and all of Parcels 030-26 and 010-04 were assessed at the multiple rate for trunk area water assessments in 1976 for Improvement #179. Staff proposes that this development be responsible for the upgrading of the trunk water assessment from multiple family to commercial/industrial over the portion of Parcel 020-26 that was assessed at the multiple rate and also over the entire portion of 030-26 and 010-04, which were also assessed at the multiple rate. The following table summarizes the amounts based on 1986 rates. 0 ASSESSMENT SUMMARY TABLE Est'd 1986 Description Quantity Rate Amount Trunk Water Area Upgrading 010-04 0.14 Ac $1,830/Ac (1) $ 256 020-26 3.44 Ac 1,830/Ac (1) 6,295 030-26 5.43 Ac 1,830/Ac (1) 9,937 TOTAL $16,488 (1)Commercial/Industrial Rate - Multiple Rate OPUS CORP EAGANDALE LE MAY LAKE 2ND ADD PAGE 5 Staff feels that Parcel 010-01 has fulfilled its obligations regarding trunk area storm sewer. Staff's reasoning is because the original parcel contained 20 acres with 17.6 acres being assessed at the commercial/industrial rate and the remaining 2.4 acres being assessed at the multiple rate. It would be extremely difficult to determine where the multiple rate was assessed in relation to the residue left after the I -35E taking. Because of the small area (1.92 Acres net) assessed at the multiple rate, staff feels the remaining parcel of 010-01 has fulfilled its obligation for trunk area water main assessments. This development will be responsible for all costs associated ® with the construction of internal utilities and streets. i iz# CONDITIONS: 1. A Planned Development Agreement be entered into & the concept plan for the six (6) lots 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 control- led signage should be.taken for this total. development. 7. All plat conditions shall be adhered to. 8. This development will be responsible for complying with all applicable general engineering conditions. 9. This development will be responsible for looping the water main within Eagandale Place to the existing water main at the northeast corner of this development. 10. This development shall dedicate a 60' right-of-way for Eagandale Place. • 11. A 20' drainage and utility easement shall be dedicated adjacent all public right-of-way. 12. A 20' utility easement shall be dedicated over the water main not located within City right-of-way. 13. All driveways which cannot be made to line up shall be offset a minimum of 75' and there.shall be a minimum of 100' separation between driveways. 14. No driveway shall be constructed closer than 100' to the curb line extension of the street intersection. 15. This development will be responsible for obtaining all necessary approvals and permits if utilities are constructed under private contract. _ 16. This development shall be responsible for the trunk water area upgrading assessment at the rates in effect at the time of final platting. 17. This development shall be responsible for the costs of all internal streets and utilities. I2S C B,p RB PD 74-7 '� RB II A A F _ f.B+3i RB ECrF4s i�/%� �eY NB Fav L GBI ti A •. I. 830 I - PARK V i L �E N - --------- m G) Z m r- F 1> lid is f �i IT11 1 ze If m" Is 611 !frill Hisf - --------- m G) Z m r- Lemay Lake 011lce Y,000 Sq. F3. MOMMUR C IEHI M LEMAY LAKE DEVELOPMENT ILLUSTRATIVE SITE PLAN (OPUS CORPORATION a 1o0 101 loo r1. xoNTx 54* Ixc. JAN. 01, 1011 100 TNIxO 1T...T 10YTN MINN1AI000. MN 310-0100 lomFy lab AyxrMmU BUILDING DATA . ...... . . ... ..... ..... .. .. . . . ........ .. . . ....... .. ... .. ...... ....... .... .... ...... .. -o......... ....... ...... ........ .. I .. . ...... ... 11 ... .. . .. ..... .. ...... ..... I.- I ... I .. ...... ........ ... KORSUNSKY KRANK ERICKSON .1 ARCEIITICTS, INC. ... ... .. 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SUBJECT PARCEL FIG. city of eagan STORM SEWER approved: plate #d PUBLIC _ WORKS DEPARTMENT MASTER PLAN I /3 SUITE RUILDING (COVERED STAIRS) i i4o 01 ; -►1111111.1 V 111 � 1 .11111 111 P 11 liR a s� 1111. 68-0 /33 GROUND FLOOR PLAN C ..STUDIO_ 11 11 C - SUITE BUILDINC mm RESOLUTION EAGAN CITY COUNCIL EAGANDALE LeMAY LAKE 2na ADDITION MARCH , 1986 WHEREAS, two applications were submitted by Northwestern Mutual Life Insurance Company and Opus Corporation to the City of Eagan as follows: a. To rezone from NB (Neighborhood Business) to GB (General Business) and R-4 (Residential Multiple) to Commercial Planned Development, including some neighborhood businesses (restaurants, retail sales and gasoline service facilities), limited business use for a proposed 72,000 square foot office facility .and roadside business use to allow a L21 room residential type motel. b. For preliminary plat approval of proposed Eagandale LeMay Lake 2nd Addition, covering approximately 20 acres at the southwest intersection of Lone Oak Road and I -35E in the City of Eagan; and WHEREAS, at the present time, the property is designated as Limited Business on the Land Use Guide Plan for the City; and ®- WHEREAS, the property is currently zoned Neighborhood Business, General Business and R-4 Residential Multiple; and WHEREAS, the applicant has submitted an overall concept plan with six individual lots proposed including Lot 1, Block 1, consisting of 4.4 acres with a 120 room Residence Inn, an extended stay motel; and WHEREAS, the Residence Inn will provide for a two-story, gabled roof with each unit having an exterior entrance from the courtyard area, with 16 buildings, including fifteen 8-plex units in each building, and one gate house with approximately 30,000 square feet for common office meeting area to be.=" used by the residents; and WHEREAS, the Eagan Advisory Planning Commission at its regular meeting on February 25, 1986 held a public hearing concerning the application, at which time the Planning Commission members reviewed the application in detail and adopted a motion recommending approval of the rezoning to Planned Development, and in addition a motion recommending approval of the preliminary plat, all subject to conditions; and ® WHEREAS, the Advisory Planning Commission reviewed the Land Use Plan designation for the parcel but did not make a specific recommendation concerning a revised designation for the use of the property to conform with the proposed uses; and WHEREAS, a regular meeting of the Eagan City Council was held on March 19, ,:. 1986, all members being present, at which time the City Council reviewed the applications and adopted the following motion: \ NOW THEREFORE, upon motion by , seconded ® it was RESOLVED that the City Council be and it hereby is on record as follows: ALTERNATE A Consideration of the applications shall be continued until , 1986 or until the Advisory Planning Commission has held a public hearing in accordance with the Minnesota statutes to consider and make a recommendation to the City Council concerning a change in the Land Use Plan encompassing the proposed Residence Inn parcel only. 2 ALTERNATE B The applications for rezoning and for preliminary plat approval be and they hereby are denied for reasons including the following: a. The Comp Guide review for commercial uses has not been completed. ALTERNATE C WHEREAS., the City Council does not, as a matter of practice, consider® applications for rezoning, comprehensive plan revision or preliminary plat approval for property where no specific uses are currently planned for the parcels involved, and it is therefore in the best interest of the City in respect to the Opous applications, that the Council not act on those parcels, other than the proposed Residence Inn facility, which specific plans have been submitted to the City; and WHEREAS, the remainder of the parcel shall be treated as a concept proposal only; and • WHEREAS, a public hearing was held before the Advisory Planning Commission according to statute and City code, at which time the proposal was explained in detail and specific plans were submitted in a timely fashion to the City for staff's review and comment and submission to the Advisory Planning Commission and City Council for review and action; and WHEREAS, the applicant has submitted all preliminary plans for detailed grading and drainage, utilities and streets and further will submit all applications for necessary permits to the Minnesota Pollution Control Agency, Minnesota Waste Control Commission and Minnesota Department of Health; and 3 WHEREAS, the proposed uses for the property and in particular the " Residence Inn, substantially. comply with the land use designation for the parcel and in addition, the proposed use designations under the planned development as proposed; and WHEREAS, although there is R-4 zoning on the southerly portion of the property, the proposed Residence Inn is more synonymous with a longer term tenant than that of the ordinary motel user, in that the length of term of the tenants varies from somewhat less than one week to one or two month extended • stays; and WHEREAS, the City has acted upon applications for preliminary plat and rezoning approval if a viable project or proposal for development has been submitted with a specific use designation; and WHEREAS, the City ordinances require the applicant to enter into Planned Development and Development Agreements with the City controlling the development and construction of improvements on the property; NOW THEREFORE, upon motion duly made by , seconded by ® it was RESOLVED that the City Council is on record approving the application for rezoning, subject to the following conditions: L. 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. /3� .. 1 5. Any conditional use permits such as 4 story buildings, pylon signs or arive-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 Eaganaale Place to the existing water main at the northeast corner of this development. 8. This development shall aeaicate a 60 foot right-of-way for Eaganaale Place. • 9. A 20 foot drainage and utility easement shall be dedicated adjacent to all public right-of-way. 10. A 20 foot utility easement shall be dedicated over the water main not located within City right-of-way. 11. Ali driveways which cannot be made to line up shall be offset a minimum of 75 feet and there shall be a minimum of 100 feet separation between driveways. 12. No driveway shall be constructed closer than 100 feet to the cur Line extension of the street intersection. 13. This development shall be responsible for obtaining all necessary approvals and permits if utilities are constructed under private contract. 14. This development shall be responsible for the trunk water area upgrading assessment at the rates in effect at the time of final platting. 15. This development shall be responsible .for the costs of all internal streets and utilities. Those in favor: _ Those against: /—�V 5 • • Upon further motion duly made by seconded by it was RESOLVED that the City Council be on record approving the application of Opus Corporation for preliminary plat approval of Eagandale LeMay Lake 2nd Addition, 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. C 4. Any Conditional Use Permits such as 4 story buildings, pylon signs or drive-thru facilities shall be made with separate applications. 5. All plat conditions shall be adhered to. 6. This development will be responsible for complying with all applicable general engineering and planning conditions. 7. A 20 foot drainage and utility easement shall be dedicated adjacent to all public right-of-way. B. A 20 foot utility easement shall be dedicated over the water main not located within City right-of-way.' 9. All driveways which cannot be made to line up shall be offset a minimum of 75 feet and there shall be a minimum of 100 feet separation between driveways. 10. No driveway shall be constructed closer than 100 feet to the curb Line extension of the street intersection. 6 11. This development shall be responsible for obtaining all necessary approvals and permits if utilities are constructed under private contract. 12. This development shall be responsible for the trunk water area upgrading assessment at the rates in effect at the time of final platting. 13. This development shall be responsible for the costs of all internal streets and utilities. 14. An approved landscaping plan with adequate bond valid for a period of at least one year or one growing season, whichever is later, shall be required. 40 Those in favor: Those against: Dated: March , 1986. ATTEST: By: E. J. Van Overbeke, Clerk 7 CITY COUNCIL CITY OF EAGAN By: tta Blomquist, Mayor • .r, 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 b 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, was convened 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 ana City Council. Mr. John Meyer of Residence Inn, Inc. and Greg Hollankamp of K. K. S 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, "5 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. 1� 2 C APC Minutes February 25, 1986 9. A 20 foot drainage and utility easement shall be dedicated adjacent to all public right-of-way. 10. A 20 foot utility easement shall be dedicated over the water main not located within City right-of-way. 11. All driveways which cannot be made to line up shall be offset a minimum of 75 feet and there shall be a minimum of 100 feet separation between driveways. 12. No driveway shall be constructed closer than 100 feet to the curb line extension of the street intersection. 13. This development shall be responsible for obtaining all necessary approvals and permits if utilities are constructed under private contract. 14. This development shall be responsible for the trunk water area • upgrading assessment at the rates in effect at the time of final platting. 15. This development shall be streets and utilities. All voted yes. responsible for the costs of all internal Bohne moved, Wilkins seconded the motion to recommend approval of the preliminary plat, 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. Any Conditional Use Permits such as 4 story buildings, pylon signs or drive-thru facilities shall be made with separate applications. 5. Ali plat conditions shall be adhered to. 6. This development will be responsible for complying with all applicable general engineering and planning conditions. 7. A 20 foot drainage and utility easement shall be dedicated adjacent to all public right-of-way. 8. A 20 foot utility easement shall be dedicated over the water main not located within City right-of-way. 3 APC Minutes February 25, 1986 r, 9. All driveways minimum of 75 feet and driveways. which cannot be made to line up shall be offset a there shall be a minimum of 100 feet separation between 10. No driveway shall be constructed closer than 100 feet to the curb line extension of the street intersection. 11. This development shall be responsible for obtaining all necessary approvals and permits if utilities are constructed under private contract. 12. This development shall be responsible for the trunk water area upgrading assessment at the rates in effect at the time of final platting. 13. This development shall be responsible for the costs of all internal streets and utilities. • 14. An approved landscaping plan with adequate bond valid for a period of at least one year or one growing season, whichever is later, shall be required. All members voted in favor. LEXINGTON PLACE SOUTH 3RD ADDITION — PRELIMINARY PLAT The vice chairman then commenced the public hearing for the application of Frontier Midwest for a preliminary plat of Lexington Place South 3rd -Addition in the southwest quarter of Section 14, consisting of 10 single family lots is the Lexington South Planned Development north of Wescott Road, and east of Lexington Avenue. Dale Runkle provided a brief history of the planned development and advised that the lots were 10,000 to 12,000 square feet, which was larger than the surrounding lots. It was also indicated that the Park ® Commission had not reviewed the proposed preliminary plat. Mr. Mark Parranto was present on behalf of Frontier Midwest as were owners of existing Orrin Thompson lots and homes bordering the proposed preliminary plat. Discussion centered around the proper use of the parcel, which had been designated as proposed private open space, to be controlled by a homeowners association which was never formed by Orrin Thompson. Mr. Parranto indicated that originally Orrin Thompson had plans for a community area with association controlled facilities such as swimming pool and/or tennis courts which had been abandoned as part of their normal development. Frontier Midwest had acquired the property as part of a larger parcel from Orrin Thompson. Harrison moved, Wilkins seconded the motion to continue the matter to the next regular meeting with the following directives: 1. Staff and/or legal counsel shall provide an opinion as to the legality of changing the anticipated use in the PUD and the impact of possible tax forfeiture. t. 2. Verification as to whether the area is a drainage area. --- ., �'{" 3. A review of the proposal by the Parks and Recreation Department. All voted affirmatively. //1NI, 4 - PRELIMINARY FLA} dF _ EAG ANDALt LWAY LAkt 2ND ADDITION VA ,� � ___ l____�___ _mac, ,.=\_�\'•J• .- zi N I �! (Ci / BIOC� r OurLOr %r -y( `- va i�,i) ,` I'•� I v L,, Li pp r LR'LTgN MAP w.n I, .I ,��/ F I _.n, LANE �:L'I 7 a C'L lir. L M?r f� ntisC: -1. mo 1 ...N i lui we glove ee T N MEMO TO: PAM MC CREA, CHAIRPERSON & ADVISORY PLANNING COMMISSION FROM: DALE RUNKLE, CITY PLANNER DATE: APRIL 16, 1986 SUBJECT: UPDATE ON THE COMPREHENSIVE PLAN AMENDMENT FOR RESIDENCE INN NORTHWESTERN MUTUAL LIFE INSURANCE DEVELOPMENT PROPOSAL At the March 25, 1986, Advisory Planning Commission meeting, it was unclear as to whether the Residence Inn would require a Comprehensive Guide Plan Amendment. According to the City Attorney, any change from the Comprehensive Guide would require • an .amendment to the plan. Since the March 25th meeting, staff has revised the public notice forms which now include Comprehensive Guide Plan Amendments as standard language. Staff has renoticed for this application for a Comprehensive Guide Plan Amendment and has also submitted the amendment to the surrounding communities and the Metropolitan Council for their review. Hopefully, staff will have an update prior to the public hearing as to comments from either the surrounding communities or the Metropolitan Council. In review of this development proposal, there has already been approval for the preliminary plat and rezoning to planned develop- ment which includes the Residence Inn. Feasibility studies have also been ordered by the City Council. It appears that the only remaining issue that needs to be acted upon for this development proposal, is the Comprehensive Guide Plan Amendment which would acknowledge the approval and change from the present limited business use to the roadside business use for the 4.6 acres. ® Hopefully, this addresses the concerns of the APC from their March 25, 1986 meeting. If you have questions on this item, please feel free to contact City Hall so that information can be provided prior to the April 22, 1986 meeting. City Pla ner DCR/jbd 14 RESOLUTION CITY OF EAGAN RESOLUTION CERTIFYING PRE -REVIEW REQUIREMENTS HAVE BEEN SATISFIED EaQandale LeMav Lake 2nd Addition WHEREAS, the Metropolitan Land Planning Act of 1976 requires that each munici- pality prepare a Comprehensive Plan, and WHEREAS, the City of Eagan adopted a plan titled "City of Eagan Comprehensive Guide Plan", and WHEREAS, a public hearing on the proposed "Eagandale Le May Lake 2nd Addition Area" amendment to the Plan was held on April 22, 1986, and WHEREAS, the amendment was adopted by the Eagan Advisory Planning Commission on April 22, 1986, and WHEREAS, the amendment was considered and accepted, but not adopted, by the City Council of the City of Eagan, and WHEREAS, the amendment to the plan has been transmitted to the Cities of Mendota Heights, Sunfish Lake, Inver Grove Heights, Burnsville, Apple Valley, Bloomington and Rosemount; the school districts of Burnsville #191, Rosemount - #196 and West St. Paul - #197; Dakota County, the Minnesota Zoological Garden and the Minnesota Department of Transportation.for formal review under the Metro- politan Land Planning Act. NOW THEREFORE, BE IT RESOLVED by the City .Council of the City of Eagan that the City Administrator is authorized and directed to submit this plan amendment to the Chair of the Metropolitan Council for review under Section 473.175 of the Metropolitan Land Planning Act. ADOPTED by the City Council of the City of Eagan on a motion by seconded by , with members voting in favor, on this of Dated: ATTEST: City Clerk , 1986. CITY COUNCIL CITY OF EAGAN IN r • E , E N)VAN PLANAVAC Jam 2800 East Cliff Road • Suite 140 • Burnsville, Mn. 55337 • (612) 890-2320 ` DESIGN, INC. John S. Voss, President April 9, 1986 CITIES OF: Sunfish Lake Inver Grove Heights Apple Valley Bloomington Burnsville Rosemount SCHOOL DISTRICTS: Rosemount #196 Burnsville 9191 West St. Paul #197 Minnesota Department of Transportation Minnesota Zoological Garden Dakota County Planning Department RE: AMENDMENT TO THE EAGAN COMPREHENSIVE PLAN To Whom It May Concern: Enclosed is a copy of a proposed amendment to the Eagan Comprehensive Plan. This amendment will be further considered by the Eagan Planning Commission at a public hearing on April 22, 1986. This proposed amendment is expected to be presented to the Metropolitan Council Staff by May 8, 1986. If you have any concerns or comments about the proposed amendment, please provide us with that information at your earliest possible convenience. Also, if we can provide any further information, please advise. You truly, John S. Voss, Planning Consultant City of Eagan JSV/bav cc: Dale Runkle, City of Eagan PLANNING LANDSCAPE ARCHITECTURE SITE DESIGN CITY OF EAGAN INFORMATION ON PROPOSED COMPREHENSIVE PLAN AMENDMENT SPONSORING GOVERNMENTAL UNIT: ADDRESS: CONTACT PERSON: TELEPHONE: DATE OF PUBLIC HEARING: LOCATION: ACREAGE: CURRENT ZONING: City of Eagan 3830 Pilot Knob Road - Eagan, MN 55122 Dale Runkle, City Planner 454-8100 April 22, 1986 - Eagan City Hall Southwest Quadrant of Lone Oak Road & I -35E Approximately 20 acres Neighborhood Business (NB), General Business (GB) and Residential R-4 COMPREHENSIVE PLAN DESIGNATION -(1981 Comprehensive Land Use Guide Plan) Limited Business (LB) PROPOSED AMENDMENT/COMPREHENSIVE PLAN DESIGNATION: Neighborhood Business(NB) Limited Business (LB) Roadside Business (RB) SUBMITTAL OF AMENDMENT TO METROPOLITAN May 1986 11 0 0 kocATIO^J N rNC� MENDOTA \TS W In, 5 l n� B d- 7 ILE 7 RI s F e� �.�. ,Indy W^ Fi;lll o.L Qom^• �- • _ Ind. 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Fla iJ rm vCSf r�Aa"tIoAC i, 496 1671 `I c a , 8�\-l1 tr X11 s . W13 * 13. Ne qA borAooS BV'SWss ? r: PC S42 d CpT1m D. Fla iJ rm vCSf r�Aa"tIoAC i, 496 1671 Lemey Lake LEMAY LAKE DEVELOPMENT ILLUSTRATIVE SITE PLAN (OPUS CORPORATION 1 wF C11 CCI R. ROntX y� IMC, IIY. Il, IIII III twee FTIICII IONX ..IA U1, MM Itl•II11 I - Mob` 130 Rlwml Acru FIII Foo 1 3 A 5R. Ff. 1.] Cu• 5.000 Sq. 5.0000lt FI. Lt Ault F .. Indole Blvd. 61mRCI el Wille 3,000 ea. FL .t ACrFF R.hell Rt to,000 SR. fl. 3.5 Au.. RIIIII 32,000 ea. FI. ]A ACUI APC Minutes April 22, 1986 6. The development shall be required to obtain the necessary permits and approvals from the following: a. MPCA - Sanitary sewer.extension permit. b. Minnesota Dept. of Health - Water main approval. c. Dakota County - Grading within right-of-way permit. d. Williams Brothers Pipeline - Grading within easement permit 7. This development will be responsible for its trunk area storm sewer, future street upgrading, multiple equivalent assessments, and trailway assessments at the rates in effect at the time of final platting. • 8. This development shall be responsible for all costs of installing the internal public streets and utilities. 9. A time extension be granted to the original 10 year P.D. Agreement for enough time to complete the project. (The original Agreement had an option to request 2 three year extensions). 10. An Environmental Assessment Worksheet (EAW) be prepared and submitted for staff review prior to the issuance of any building permits. 11. The garage shall be included in the rental unit price if only 2 stalls per unit are provided with the project.' 12. The developer shall provide a cash dedication in accordance with standard requirements, in addition to dedicating a trailway along the south side of Diffley Road. ® 13. A detailed landscaping plan shall be submitted including a bona which shall not be released less than one year after landscaping is completed. 14. Because the PD provides a total of 338 units of which 322 are now being used, the parcel east of Thomas Lake Road shall be developed as a residential parcel with no more than 16 units. All voted in favor. City Planner Runkle advised the Commission that the plan had been revised somewhat, moving one of the apartments further away from the development just south of the proposed plat. RESIDENCE INN - COMPREHENSIVE PLAN AMENDMENT The hearing regarding the request for a Comprehensive Plan amendment to RB (Roadside Business) from LB (Limited Business) for Residence Inn consisting of a 120 unit hotel on 4.36 acres (located within the Eagandale LeMay Lake 2nd Addition Planned Development) and part of the north half of Section 10, south /6/ 3 APC Minutes April 22, 1986 of Lone Oak Road and west of I -35E, was then convened by Chairperson McCrea. City Planner Dale Runkle advised the Commission that it had been determined by legal counsel that this proposal which was previously before the Commission on an application for rezoning and preliminary plat, did require a Comprehensive Plan amendment. Legal notice had been published and sent out prior to this meeting to include language indicating a Comprehensive Guide amendment. In addition, local municipalities and school districts had been notified. The proposed amendment is being sent to the Metropolitan Council which would not act before May 6, 1986, if it was recommended that approval be contingent upon approval by the Metropolitan Council. Mr. Bob Worthington of Opus Corporation was present to address any questions. There were no appearances on behalf of the general public. Harrison moved, Hall seconded the motion to recommend approval of the Comprehensive Guide. amendment from NB (Neighborhood Business) and R-4 to RB (Roadside Business), subject to the approval of the City Council and Metropolitan Council. All voted yea. FAIRWAY HILLS - COMPREHENSIVE PLAN AMENDMENT Chairperson McCrea then introduced the application of Derrick Lana Company for a Comprehensive Plan Amendment from R -II (Mixed Residential) to R -I (Single Family Residential) containing 145 single family lots on approximately 60 acres located in part of the northwest quarter of Section 34, in the southeast quadrant of Cliff Road and Pilot Knob Road. City Planner Runkle indicated that the paper work was not yet complete but that it appeared to comply with:all technicalities that a Comprehensive Plan amendment would be necessary to down zone the property from R -II to R -I. Discussion centered around whether the approval of the Comprehensive Guide amendment would in any way be a reversal of the previous Planning Commission recommendation to deny the proposed preliminary plat. Mr. Dave Sellergren appeared on behalf of Derrick Land Company and suggested that the only issue before the Planning Commission was whether a reduction in the proposed land use (density) was recommended and not whether the previously proposed plat was acceptable. Hall moved, Wilkins seconded the motion to recommend denial of the request for Comprehensive Plan amendment. Hall, Wilkins and Harrison voted in favor; Bohne, Trygg, Voracek and McCrea voted against. Bohne then moved, Voracek seconded the motion to recommend approval of the Comprehensive Guide Plan amendment. Bohne, Trygg, Voracek and McCrea voted in favor; Hall, Wilkins and Harrison voted against. 15�5 4 Agenda Information Memo May 6, 1986, City Council Meeting Page Thirty -Three SIVE PLAN AMENDMENT/PRELIMINARY PLAT F. Comprehensive Plan Amendment from R-2 to R-1 and Preliminary Plat for Fairway Hills Containing 145 Single -Family Lots --A public hearing was held before the Advisory Planning Commission at the March 25, 1986, meeting, to consider rezoning and preliminary plat applications submitted by the Derrick Land Company for the Fairway Hills project. The APC recommended denial of the project due to access onto Pilot Knob Road and the uncertainty of the parkland configuration in that general area. For a copy of the background information that was distributed as a part of the April 15 City Council packet, refer to pagese) through ® /Q0 . Included in this information are the Planning And Engi- neering reports, correspondence from Dakota County, APC action at the March 25 meeting;, Parks & Recreation Commission recommenda- tions and a petition submitted by residents of the Park Cliff development. It was determined at the April 15, 1986, City Council meeting that a comprehensive plan amendment was required for the Fairway Hills project. A public hearing was held by the Advisory Planning Commission at their April 22 meeting whereby action was taken to recommend approval of the comprehensive guide plan amendment to the City Council. The preliminary plat was also reviewed showing the reduction in lots and a change in the street width from 50' to 60'. The Advisory Parks and Recreation Commission reviewed two (2) • parkland development alternatives at their meeting on May 1, 1986. For a copy of the action taken by the Advisory Planning Commission and the Park development alternatives that were given co� ideration at the May 1 meeting,, refer to the report on pages �throughltE,.. For a copy of the Advisory Planning Commission action of the April 22 meeting, refer to page(,/) /'G ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) the comprehensive plan amendment, 2) a rezoning from R-2 to R-1 and 3) the preliminary plat entitled Fairway Hills. 15(::, CITY OF EAGAN \if SUBJECT: REZONING & PRELIMINARY PLAT APPLICANT: DERRICK LAND COMPANY - FAIRWAY HILLS LOCATION: NW 4, SECTION 34 EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: MARCH 25, 1986 DATE OF REPORT: MARCH 17, 1986 REPORTED BY: PLANNING & ENGINEERING • APPLICATION: An application has been submitted for rezoning and preliminary plat approval for the Fairway Hills subdivision. This plat consists of 145 single-family lots on approximately 60 acres south of Cliff Road and east of Pilot Knob Road. Currently, there are five landowners involved; all have signed agreements approving the development plans of what has been known as the George Ohmann Sr. Estate. "pa ZONING & LAND USE: The Twin View Manor subdivision is directly across Pilot Knob Road. Well Site Park and a small R-3 parcel are across Cliff Road to the north. The entire. eastern property line abuts Parkview Golf Course. An agricultural district is to the south. The City Park Department is interested in acquiring this area in part or in full. Should this occur, more street frontage would be desired. The Comprehensive Guide Plan designates this site primarily R-2, with a small P (Park) ® area also. Generally, the topography falls toward the ravine on the northern portion of the site. This ravine and the .area around it, adjacent to .Pilot Knob Road, are the most wooded portions of the site. Most of the trees will be destroyed. However, some of these trees would have been lost in the improving of Pilot Knob Road, which begins next year. The intersection of Pilot Knob Road/Cliff Road will be lowered approximately 10'. Just to the south and abutting the site it will be lowered as much as 18'. All lots meet or exceed the minimum 12,000 sq. ft. area required with an 85' frontage at the setback line. The 145 lots give this plat a density of 2.4 units per acre. These lots range in size from 12,000 to 38,350 sq. ft., with a 13,577 sq.. ft. average. SITE PLANNING: Access to the site will be provided by one road connected to Cliff Road, and three entries from Pilot Knob Road. A service road similar to that of the upgraded Diffley Road near Cedar Pond Park will connect the two northern access points le�7 REZONING & PRELIMINARY PLAT - DERRICK LAND COMPANY - FAIRWAY HILLS MARCH 25, 1986 PAGE TWO' along Pilot Knob Road. Northern Natural Gas has a 70' easement that bisectsthe site from the northwest to the southeast. The site development plan shows proposed housing pads and it appears that no variances will be necessary as a result of the easement. GRADING/DRAINAGE: The preliminary grading plan the applicant submitted dated February 14, 1986, is feasible from an engineering standpoint. The preliminary grading plan will require filling the extremely deep ravine located in the northwesterly portion of this proposed development up to 26 ft. Fills of this depth require careful placement and compaction to prevent substantial future settlement. The ravine is also quite heavily wooded and the grading operations will require much clearing and grubbing of this area. The remainder of the site is basically on a plateau and will not pose any significant grading problems. All grades and contours shown on the preliminary grading plan do conform with City Code requirements. This proposed development lies within the southeasterly most portion of Major Subdistrict B, as shown on Figure 1. The entire area drains in a northerly direction towards two well-defined ravines in the northwest corner of this site, with some drainage flowing to the northeast corner of this site in a well-defined basin which is Pond BP -34. As you can see from Figure 1, Pond BP -34 does have an existing gravity outlet, however, the outlet is not piped all the way downstream. Instead, it drains over land through the Well Site Park for a considerable distance before it is again picked up by storm sewer pipe. Drainage from the two northwesterly ravines flow under Cliff Road at the point marked B -p, as shown on Figure 1. 'Likewise, with the outlet from Pond BP -34, this is just a culvert under Cliff Road and discharges over land to be collected at point B-0 where it is then piped to Thomas Lake. The areas north of Cliff Road where these storm sewer outlets are located are subject to very heavy erosion due to the large volume of current runoff. Therefore, staff strongly recommends that the completion of the storm sewer pipe from point B- 10 to both Pond BP -34 and point B -p be a requirement if the Commission or Council gives favorable consideration for this preliminary plat. UTILITIES: Utilities of sufficient size,, capacity and depth exist within the proximity of this site to provide service to it. Sanitary sewer is located at the northwest corner of this site just south of Cliff Road. Water main is located along the entire north boundary of this development just south of Cliff Road. REZONING & PRELIMINARY PLAT - FAIRWAY HILLS MARCH 25, 1986 PAGE THREE In reviewing the applicant's proposed preliminary utility layout, staff has the following recommendations. 1. The connections to the 24" line at Cliff Road and the 8" line at Hillcrest Lane be 8" connections. These 8" lines should then be extended to the first point where they then divide into 6" lines. 2. The sanitary sewer located within the easterly portion of Block 2 be relocated within the existing right-of-way. - 3. Sanitary sewer and water main should be extended to the end of the stubbed street to Parkview Golf Course and also extended to Pilot Knob Road. ® 4. Storm sewer shouldbeextended southerly from the street intersection in the vicinity of Block 2, 3, 4, and 5. STREETS: Cliff Road and Pilot Knob Road are existing County roadways that border this development. Both roadways are rural two-lane roadways under the jurisdiction of Dakota County. Dakota County is planning on upgrading Pilot Knob Road in 1987 to a four -lane undivided urban roadway. With this construction, a portion of Cliff Road east of Pilot Knob Road will also be rebuilt to four -lane urban standards. The applicant indicated to staff that the County will allow the access as shown on Cliff Road, which is satisfactory to staff. While the applicant is showing three access points to Pilot Knob Road, the County will only allow two ultimately. The most northerly connection is a temporary access to Pilot Knob Road. ® Because of the Pilot Knob Road reconstruction, the grades for Pilot Knob Road will be drastically cut down. When this happens, the middle access point will be at the same grade as Pilot Knob Road and will become one of the two main accesses off of Pilot Knob Road to this development. The most northerly access will then be closed and residents will have to use the service road which will connect the north access point to the middle access point. The applicant also indicated the County will allow the most southerly access point as a permanent access. However, this access will have to line up with the Hilltop Lane access. In order to provide the proper alignment with Hilltop Lane, this south street will have to jog southerly then westerly at 90 degree angles. Staff recommends this be a more gradual S-shaped curve to provide the alignment with Hilltop Lane. This may result in the elimination of Lot 11, Block 8. However, staff feels the S-shaped alignment is far more desirable from a traffic safety standpoint than the 90 degree jog this development proposes. As for the internal streets, the only comment staff has is that we recommend the middle north -south street (between Block 4 and Block 5 and 6) not contain the radius to connect to the easterly - westerly street between Block 5 and 6. Staff would recommend this become a "T-shaped" intersection. The " ped" intersection will provide much safer traffic movement 105V REZONING 8 PRELIMINARY PLAT - FAIRWAY HILLS MARCH 25, 1986 PAGE FOUR RIGHT-OF-WAY/EASEMENTS: The applicant is proposing to dedicate 75 ft. half right-of-ways for both County Road 32 (Cliff Road) and Pilot Knob Road (County Road 31) which staff feels is adequate. The applicant is also proposing 50 ft. wide right-of- ways for streets throughout this development. Staff does not feel that a 50 ft. wide right-of-way is adequate for many of these streets. The 50 ft. right-of-way does not provide adequate boulevard width for snow storage, private utility locations, sidewalks, driveway access site distance, and housing setbacks from street. Lack of snow storage with a 50 ft. boulevard is probably the largest problem with the 50 ft. right-of-ways. A standard 34 ft. City street leaves only an 8 ft. boulevard for 50 ft. right-of- way. Additional easements are not the answer for snow storage because they do not preclude the property owner from constructing • structures such as fences, flag poles, retaining walls, etc., at the property line. These structures present problems for snow plowing because the wings on the snow plows are 8 ft. long and in order to push the snow back to provide more snow storage for future snows presents quite a problem with the City potentially damaging the resident's structure. Although it would be the resident's responsibility to repair such a structure if it were Kj located within the easement, it certainly does not provide good public relations for the City of Eagan when snow plowing operations damage any private structure. The 8 ft. boulevard also provides problems for the private utility companies. The gas company, electric company, telephone company and cable TV company all have underground lines they have to locate. within public right-of-way. While telephone and electric do currently run joint trench, it still means that three trenches are required within an 8 ft. boulevard. This problem can partially be eliminated if the topography is such that the electric company can bury their cable within the 10 ft. public utility easement dedicated with all plats. An 8 ft. boulevard is definitely not adequate for the location of a sidewalk. A 5 ft. sidewalk would leave only a 3 ft. boulevard between the curb and the sidewalk. From a traffic safety standpoint, this width is too narrow. The driveway access and garage setback issues are somewhat related. The 8 ft. boulevard does not really provide adequate site distance for people backing onto residential streets if there are obstructions such as fences or trees at the right-of- way line. The garage setback from the curb with a 50 ft. right- of-way is 38 ft. as opposed to 43 ft. with the 60 ft. right-of- way. Using the typical 20 ft. lengths for vehicle stacking distance, you can see that you cannot stack two vehicles in a driveway without some overhang onto the street with a 50 ft. right-of-way. Requiring an. extra 5 ft. of setback is not necessarily the answer to this problem because it would be extremely difficult for the Inspection Department to keep track of which street has a 35 ft. setback or which has a regular 30 ft. setback. 166 REZONING MARCH 25, PAGE FIVE 8 PRELIMINARY PLAT - FAIRWAY HILLS 1986 In summary, staff does not recommend a 50 ft. right-of-way within developments. Staff feels the 50 ft. right-of-way should be used only if there are physical constraints whereby a 60 ft. right-of- way would not allow the developer to meet City Code for minimum areas, setbacks, etc. In this particular instance, staff feels that a 50 ft. right-of- way,would be allowable if it met the following criteria: 1. Estimated ADT less than 100. 2. Length of roadway less than 800 ft. PERMITS: The applicant will be responsible for obtaining all necessary permits and plan approvals from the following: 1. MPCA - Sanitary sewer extension permit. 2. MN Dept of Health - Water main plan approval. 3. Dakota County - Grading within County right-of-way permit and access permit. 4. Northern Natural Gas - Grading within easement permit. ASSESSMENTS: In researching the City's assessment records, this development will be responsible for deferred trunk area water assessments, lateral benefit from trunk area water, additional trunk area storm sewer, future street improvements, and future trailway improvements. The attached table summarizes these assessment obligations. The final rates will be based upon the rates in effect at the time of final platting. These rates may either be paid at the • time of final platting or spread as an assessment with the execution of a Waiver of Hearing. The cost of all internal streets and utilities will be the sole responsibility of this proposed development. /6/ Description Trunk Area Water 012-28 013-28 Lateral Benefit from Trunk Water 012-28 010-26 Trunk Area Storm 012-28 010-26 013-28 Street Improvements 012-28 010-26 Trailways 012-28 010-26 TOTAL Assessment Summary Table Estimated 1986 Quantity Rate Amount 45.0 ac(1) $1,190/ac $53,550 0.7 ac $1,190/ac $833 525 f.f. $11.88/f.f. $6,237 627 f.f. $11.88/f.f. $7,449 1,815,580 sq.ft. (2) $0.05/sq.g $90,779 2,605 ac (4) $1,467/acf�) $3,822 (3) 14,850 sq.ft. $0,05/sq.ft. $742 1,555 f.f. $8.44/f.f.(5) $13,124 627 f.f. $8.44/f.f.(5) $5,292 2,366 f.f. $11.81/f.f. $27,942 627 f.f. $11.81/f.f. $7,405 $217,175 • (1) Total area (59.7ac) - Parcel 010-26 (2.7ac) - Parcel 013-28 (0.7ac) - 20% R/W credit (2) 56.3 ac - 4.2 ac (previously assessed under 3158) - 20% R/W credit (3) $2.178/ac - $711/ac (previously assessed under 3158) (4) 31,350 sq.ft. - 16,500 sq.ft. (previously assessed under 315R) (5) 1/4 residential equivalent rate /�Z CONDITIONS: FAIRWAY HILLS r.. 1. All applicable standard engineering conditions shall apply to this development. 2. If this development is phased, then the phasing plan shall be approved by staff. 3. With the exception of the sanitary 'sewer line connecting to the existing 12" trunk line, all sanitary sewer lines shall be within public right-of-way with sanitary sewer and water main being stubbed to the east, southeast, and southwest boundaries of this development. 4. The water main leads into this development shall be 8" 5. Council shall authorize the trunk storm sewer project to pipe storm water from Pond BP -34 in the northwest corner of this ® proposed development to the existing trunk storm sewer located within the Well Site Park prior to final plat approval. 6. The street alignment shall be modified slightly to correspond with Figure 3. 7. The internal road right-of-ways shall be 60 ft. with the exception of the service road and the street between Block 6 and 7. 8. This development shall dedicate the 75 ft, half right-of-way for Cliff Road and Pilot Knob Road as shown on their preliminary plat. 9. This development will be responsible for a trailway along ® Pilot Knob Road and Cliff Road. 10. This development will be responsible for trunk area water main, lateral benefit from trunk water main, trunk area storm sewer, future street improvements for Cliff and Pilot Knob Road and future trailways for Cliff and Pilot Knob Road assessments at the rate in effect at the time of final platting. 11. This development shall dedicate 20 ft. utility easements over storm sewer lines not located within public right-of-way and 30 ft. easements over sanitary sewer lines not located within public right-of-way. 12. This development will be responsible for obtaining the necessary permits from MPCA, Mn Dept of Health, Dakota County Highway Department and Northern Natural Gas. 13. This development will be responsible for all costs of internal streets and utility installation. /G3 nr wsax aiw;,a Y T �'� �Ca L� 4RE 1 V x 111 � �O Fl l61 BPM_] 1iC�C ' LI o..P Fa ®` Fil1{El�li:, tll cA L gMU C ,a VIRE n N. W4CENIflol 'J YRRRu [OUNSF 8 1 Y y0� 11 LAIfI oiy • • 0 y �LEGENDt .. 11j EXIST - -- - - . 111X I 41 moro$m 'flOBE •" w rrPFELIMINAMY UTILITY PLAN INGINEEHING COMPBNV, INC. -- — PA�RWAY HILLS oil oil 0 y �LEGENDt .. 11j EXIST - -- - - . 111X I 41 moro$m 'flOBE •" w rrPFELIMINAMY UTILITY PLAN INGINEEHING COMPBNV, INC. -- — PA�RWAY HILLS lo a ENGINEERING COMPANY, INC. Lel .1 PRELIMINARY GRADING PLAN FAIRWAY HILLSn. '3 44 - FAIRWAY HILLS,. lo a ENGINEERING COMPANY, INC. Lel .1 PRELIMINARY GRADING PLAN FAIRWAY HILLSn. '3 1. 89C5.2 JS -- / �'.\ -� _ :).8706 - 8187 ! ! < J6 8137. J869 4 859 T. 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B 1ST .. 2—.•. z B- / II EI/!/B 17 'i< ) 2 HILLS I/ '. ,7 S 9 2 I6 I! - 19 I! 12 I !• Y s i � 6 f 2 3 ♦ � 0 6O 6 GENERAL INFORMATION ' unml m.•.v:.envam.0 .mu u.0 near [ore . 1 S .LLOW..9n Vin.. Y.unr.i.q .M1C. .O GYO[a.q .�Y R1.. ' ROBE ENGINEERING r'^ - ••• -••• COMPRNV INC. •. W.a ' W. .. nO[4 9/•IMll.9YWY - '�iv9-IG —1 YCr al .Y•[Oro s0 14 y ' - 2 ... ... �.. r y . / / 2 16 16 1 ' .Z. .S ..4 6 EI/!/B 17 i' GENERAL INFORMATION ' unml m.•.v:.envam.0 .mu u.0 near [ore . .LLOW..9n Vin.. Y.unr.i.q .M1C. .O GYO[a.q .�Y R1.. ' ROBE ENGINEERING r'^ - ••• -••• COMPRNV INC. •. W.a ' W. .. nO[4 9/•IMll.9YWY - '�iv9-IG —1 YCr al .Y•[Oro LEGAL DESCRIPTION PRELIMINARY PLAT OF ll DERRICK LARD GO: ' FAIRWAY HILLS I �- II11I i MEMO TO: CITY PLANNER RUNKLE FROM: ASSISTANT CITY ENGINEER HEFTI, DATE: APRIL 11, 1986 SUBJECT: PROPOSED FAIRWAY HILLS PRELIMINARY PLAT/ PILOT KNOB ACCESSES As you know, the. Advisory Planning Commission at their March 25, 1986, meeting recommended denial for this proposed preliminary plat. Their main reasons focussed on Pilot Knob Road accesses. I would like to attempt to clarify the City's Engineering Depart- ment's position on the proposed accesses onto Pilot Knob Road which the County Highway Department has approved. The most northerly access point onto Pilot Knob Road will be temporary. The developer proposes to construct this access • to the existing grade of Pilot Knob Road. When the County improves Pilot Knob Road in 1987, the grade at this location will be lowered several feet. This results from the proposed grade being much less than the existing steep and unsafe grade of Pilot Knob Road south of the Cliff Road intersection. The proposed grade will be in the range of 4%. This will be much better than the existing 6% or more grade that Pilot Knob Road is now. The new grade will provide for a much safer approach to the Cliff Road intersection. The middle access point the developer proposes will not be connected to Pilot Knob Road until Pilot Knob Road is upgraded because it will be graded to the proposed grade for Pilot Knob Road. At this point, the grade difference between the existing and proposed Pilot Knob Road is about 12 feet. This access lines up with Delores Lane. By the way, the County proposes to eliminate the current access for Eriks Boulevard, again because of the grade differential. The final permanent access this developer proposes is located near the southerly portion of this development directly across from Hillcrest Lane. The grades at this point will not be changing much from the existing grades thereby allowing this connection to be made without the upgrading of Pilot Knob Road being necessary. In summary, I believe the proposed 4% grade south of Cliff Road is essential to improving the safety of northbound vehicles approaching Cliff Road and also improve southbound traffic flow because vehicles will not have to climb such a steep, uphill grade. The Planning Commission did have concerns regarding approving the accesses onto Pilot Knob Road without the City approving the Pilot Knob Road plans. However, I feel that, from a grade standpoint at least, that there aren't any alternatives if everyone's first concern is improving safety over the section /7� MEMO TO CITY PLANNER RUNKLE APRIL 11, 1986 PAGE TWO of roadway south of Cliff Road. I believe that the developer, Dakota County Highway Department, and the City Engineering Depart- ment can all work together to insure the developer's plan is compatible with Dakota County Highway Department plans so that the entire area works to the benefit of everyone. I will be at the April 15, 1986, City Council meeting to answer any questions that may arise regarding this memo. Q- Assistant City Erpineer cc: Tom Colbert, Director of Public Works ® Dave Sellegren, Developer's Attorney Larry Figgins, Dakota County Highway Department RMH/kf r ;:W C /7/ gh il, ..11111 • i 3830 PILOT KNOB ROAD, P.O- BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-8100 April 10, 1986 Mr. Don Patton 7600 Parklawn Avenue Edina, MN 55435 RE: Fairway Hills - Parks Dedication Dear Don: BEA BLOMOUIST Mown THOMAS EGAN - JAMES A. SMITH VAC ELLISON THEODORE WACHTER Council Members THOMAS HEDGES City Admmneofor EUGENE VAN OVERBEKE City Clerk At the April 3rd Advisory Parks & Recreation Commission meeting, the Commission reviewed the preliminary plat for Fairway Hills. The Advisory Commission recommended to the City Council that the plat be allowed to proceed for a phase development with a cash escrow account for all lots platted in the first phase, pending the resolution of a park within Parcel F. If the City is unsuccessful in obtaining Parcel F for either a community or neighborhood park, then this development shall be responsible for a park land dedication within the property owned by Derrick Land Company. I'm sure you are aware of this by now as both Dave Selegren and Bill Mauer were present at this Commission meeting. Of concern to the Advisory Commission is the issue of whether this site is best suited for athletic opportunities or a neighorhood park. At the close of the meeting, the Commission members asked Staff to continue to pursue revised layouts for an athletic site for presentation at its next Commission meeting. At the same time, the Commission asked Staff to do a further review and concept planning within the neighborhood park area in order that they can evaluate the neighborhood park concept and community park concept simultaneously. At the same time, the City is continuing to pursue the acquisition of Parcel F to a purchase agreement to allow the City and Derrick Land Company to conclude any remaining planning issues. Don, I will continue to keep you informed as things progress here in the Parks & Recreation Department. I will also be present at the April 15th Council Meeting to/speak to this issue. ' i S/Vraa, �1 K Director of Parks & Recreation KV:klh cc: Tom Hedges, City Administrator THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY • \J DAKOTA COUNTY BERNARD H.,LARSON DAKOTA COUNTY SURVEYOR TELEPHONE 16121 437-0250 DAKOTA COUNTY GOVERNMENT CENTER 15W HVJY. 55- HASTINGS. March 25, 1986 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Att: Dale Runkle, City Planner Dear Mr. Runkle The Dakota County Plat Commission met on March 25, 1986, to consider the proposed plat of FAIRWAY HILLS. Said plat is adjacent to County Roads #31 and #32 and is, therefore, subject to the Dakota County Contiguous Plat Ordinance. After review of the plat, it was the concensus pf opinion that the following items must be satisfied in order for the Plat, C` Commission to recommend approval. First, adjacent to the right- of-way lines of both county roads shall be a restricted access easement dedicated to the County of Dakota on the final plat. The widths of said right-of-ways have not been shown but must meet whatever current right-of-way standards are applicable in each case. The service road as shown adjacent to part of Pilot Knob Road must be continued northerly in order to provide ingress and egress to the exception at the most northwesterly corner of ® said property. The street lying between Lot 15, Block 2 and Lot 22, Block 5 is to have a temporary entrance onto County Road No. 31 until said road is rebuilt. At that time, said entrance will be closed and must follow then the service road southerly to the most southwesterly corner of said Block 5 and then exit out onto County Road #31. The substation as shown in the right-of-way of County Road #31 is to be moved over ti) Lot 18, Block 5 and said lot shall be transferred to the County of Dakota. As these items are satisfied, the Plat Commission will consider approval to the Dakota County Board of Commissioners. Until such time, however, any questions can be referred to this office and recommendation will be withheld until all said items have been resolved. 1 Sincer ly ours, hx\ i ,. BErna d H. Larson Dakota County Surveyor /7-3 cc: Bill Mauer. Probe Enqineerinq DAKOTA COUNTY April 3, 1986 HIGHWAY DEPARTMENT DAKOTA COUNTY GOVERNMENT CENT Mr. William J. Maurer Probe Engineering Co. Inc. 1000 E. 146th Street Burnsville, MN 55337 Dear Mr. Maurer: COUNTY E•,GNEE9 TELEPHONE 5'71 =37-399 1560 H WY. 55 - HASTINGS. MINNESOTA 55033 I have reviewed the proposed plat for Fairway Hills in Eagan marked Fxhibit "A" and the County Plat Commissioners response to the preliminary plat submittal dated March 25, 1986. Given the developers willingness to meet the proposed grade lines of future CSAH 31 (Pilot Knob), the single access to serve the City Park and Fairway Hills, the setting aside of "outlot A" for the relocation of the pipeline substation, 1170 feet to the first access point south on CSAH 31 and the second access opposite Rebecca Lane, the frontage road serving 'corner properties, the storm water storage pond on Cliff Road, and adequate road right-of-way, we find the plat addresses all of the counties concerns. We will issue a temporary access permit for the road located 527 feet south of CSAR 32 since the existing grade of Pilot Knob Road prohibits access at the 1170 foot point. We appreciate your thoroughness and willingness to work with the agencies involved in this project. Sincerely, Larry G. Figgins, P.E. Administrative Design Engineer LGF/mjh / 7 / cc: Rick Hefti, Assistant City Engineer �" MEMO TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: APRIL 8, 1986 HE: ADVISORY PARKS & RECREATION COMMISSION ACTION — FAIRNAY HILLS PRELIMINARY PLAT The Advisory Parks & Recreation Commission recommended to the City Council that the plat be allowed to proceed for a phased development with a cash/escrow account for lots platted in the first phase, pending a resolution of a park within Parcel F, which is south of this preliminary plat. If the City is unsuccessful in obtaining Parcel F for either a community or neighborhood park, than this development shall be re_s_Ronsible for a parkland ® dedication. BACKGROUND City has been under negotiation for Parcel F of the Ohmann estate, immediately to the south of this preliminary plat application. The Department Staff has had several meetings with the owner, Laverna Lehmann, and her sister Mar.cela =77 Shindeldecker, owner of the parcel south and immediately adjacent to Parcel F. Most recently, alternative Parks Plans were prepared which were based on the theme of a neighborhood park of approximately eight (8) acres within Parcel F and the remainder to be sold for development purposes. A second alternative was for athletic field development. Meetings with the owner's of Parcels F and G, and the developer, resulted in revised layouts affecting the .preliminary plat of Fairway Hills and Parcel F. These alternatives were ® presented to the Advisory Commission on April 3. The City does not own Parcel F, although the owner has expressed an interest in selling to the City. Due to the uncertainty of acquiring this parcel,, and because the Commission was undecided as to whether the parcel (Parcel F) could be utilized for neighborhood parks' purposes versus an athletic site, the Commission and developers' representatives agreed: the first half of the plat could proceed. Under this arrangement, the developer will provide for a cash/escrow account for each lot developed for the first phase. Upon final determination of the parkland issue, the cash/escrow account would be returned ,in favor of the parkland dedication, or retained if cash dedication the ultimate outcome. This solution will allow the developer to proceed with his preliminary plat, while providing the City additional time to secure a .purchase agreement and to make a decision regarding the neighborhood/or community park. The Parks and Recreation Staff will be present at the Council meeting on April 15, and will respond to questions relative to this issue. KV/bls APC Minutes March 25, 1986 Those in favor were Trygg, Voracek and McCrea; those against were Wilkins and Harrison, with members Wilkins objecting to the R-1 use adjacent to the proposed commercial development.. FAIRWAY HILLS - REZONING 6 PRELIMINARY PLAT The hearing regarding the application of Derrick Land Company for approval of Fairway Hills preliminary plat and rezoning from A (Agricultural) to R-1. (Single Family) was convened by the chair. Dale Runkle again explained the project and noted that there are five landowners involved, all of whom had signed an agreement approving the development plan of what,was formerly the George. Ohmann, Sr. estate. The Comprehensive Guide designates the site as R - II with a small park area also. All lots meet or exceed the minimum 12,000 square foot area requirement and 85 foot frontage at the setback line. 145 -lots would provide a density of 2.4 units per acre and average lot size of 13,577. Mr. Runkle stated the Park Committee has not finalized its review and noted also that street widths were a concern of the staff. Dave Sellergren, attorney, appeared on behalf of the applicant. Member Harrison stated he objected to the three access locations to Pilot Knob Road and Mr. Sellergren noted that there has been an on-going discussion between (" the owner to the south and the City for park use. The northerly access, \' according to Mr. Sellergren, is temporary until Dakota County changes from a two-lane rural to four -lane urban section at which time the ,northerly access will be removed and reliance will be placed on the frontage road. In addition, Mr. Sellergren stated that the south access may be a common access with proposed park location and additional access to the park from the north could be provided. He recommended that the utilities be stubbed toward the Parkview Golf Course and preferred not to improve the stubbed street. There, were several interested persons in the audience but no objections. There was considerable discussion about the internal street width and Mr. Hefti stated that the staff strongly recommends a 60 foot right-of-way for snow storage and boulevard purposes. He reviewed the revised recommendations in which the staff did not oppose the 50 foot right-of-way with five foot street easement plus 10 foot utility easement and a minimum 35 foot front yard setback. He noted that the exception from the 60 foot right-of-way generally, is where there are physical constraints that require the variance. Bill Maurer of Probe Engineering described the specific accesses to Pilot Kgob Road that will be determined at a later time but will never be more than two permanent access points. Member Wilkins stated that there is no certainty as to where the access locations to Pilot Knob Road would-be and therefore, it would appear approval- is premature until the County has completed its planning, and the grade of Pilot Knob Road has been determined. The grade may be reduced on Pilot Knob Road up to 18 feet in depth. 11 APC Minutes March 25, 1986 Harrison moved, Voracek seconded the motion to recommend denial of the application based upon the reasons described above, including the fact that the Dakota County Highway Department has not determined where accesses to Pilot Knob Road could be located specifically, the grade for the road has not been determined and the,plans have not been,completed, and also the fact that the Eagan Advisory Park 6 Recreation Commission is reviewing the area and has done so for many months, attempting to acquire adequate open space and active recreational area for park purposes, and it was recommended that the Park Committee be given an opportunity to make its determination as to park acquisition on the Ohmann property. All voted..in favor except Trygg who voted no. EAGANDALE LEMAY LAKE 2ND ADDITION Chairperson McCrea asked if any member of the prevailing party on the ® motion regarding the Comprehensive Guide issue relating to the Eagandale LeMay Lake 2nd Addition would consider making a motion to reconsider the earlier motion. There was no motion and no further action. ADJOURNMENT Upon motion by Harrison, seconded Wilkins, it was resolved that the meeting adjourn at 11:35 p.m. PHH 12 retary — APC TO: The Honorable Bea Bloomquist Mayor City of Eagan P. O. Box 21-199 Eagan, MN'55121 FROM: Residents of Eagan - Park Cliff Development SUBJECT: PROPOSED FAIRWAY HILLS DEVELOPMENT • :CLIFF & PILOT KNOB ROAD (SE CORNER) We the undersigned strongly object to the current proposal before.you on the development of this property. Our reasons are as. follows 1) Eagan already has an abundance of R-1 and PD type developments. Multiple :family developments are also in abundance. 2) Eagan has a serious shortage of Estate zoning and upper tier housing. 3) We recognize the need for mixed housing, however upper scale home buyers will be driven to other communities if the current trend continues. -. 4) The developer has proposed a plan in which the great majority of lots are at or near minimum fort R-1 zoning. Based upon these facts, we believe that this premium property =-could be better utilized in the best interest of current and future Fesidents'of Eagan. We recommend the following options'be studied: , 1_), The land is adjacent to Parkview Golf Course. .:Strong consideration should be given to the :use of this land as recreational or public park (playground, athletic fields, golf course ..extension, etc.). Q • 0 April 8, 1986 Page 2 . 2) Rezone property for Estate zoning. This property with proximity to the Golf Course and County Park could command the same type of premiums as Nordic Woods (lot prices $40-60,000) and Oaks III (lot prices $40-70,000) both of which are in Apple Valley. 3) Raise R-1 minimum lot size from 12,000 to 16,000 sq. ft. effective immediately. The density in some R-1 and PD developments is alarming and should not be allowed to continue. In summary, we ask that the Council and Planning Commission take a more proactive stance against what we consider a negative trend in Eagan. In the past, we have seen many disagreements between developers and residents. We have seen continuous changes in plats and rezoning by developers with one goal - increase density! Our city officials claim that their hands are tied because the developers meet the minimum require- ments.'.`If this'is true, let's change therequirements. The den ers oat is rofit; the communities goal should e an attractive community which all of us can be proud of. Light industry and businesses in Eagan will require varied housing offerings. If action is not taken immediately it will be too .late. cc: City Council: Theodore Wachter Thomas Egan, Vi, City Manager: Tom Hedges City Planner: Dale Runkle Planning Commission: Pam McCrea I+ a 2 e a a, S +1 2! •,� Q e e T i 171 PARKV" Clay coLoM 11 12 m q = 2 Ir a k• L a FAIRWAY HILLS 15 14 13 4 >d a • Is s E� s g. g •e I : ^^ s �_45 7 a Is a 2 e a a, S +1 2! •,� Q e e T i 171 PARKV" Clay coLoM 11 12 m q = 2 Ir a k• L a FAIRWAY HILLS 15 14 13 4 >d a • Is s E� s g. g •e _ 23 W/me It =. 10 10 •! .11 w Y , -- n.q it 20, re to 17 2 a �('� �— ---- .. GENERAL RVFORMAnON . . , LEGAL DESCRIPTION,NO . .i1n.Ylr� YYd4riY� 1nY YS1r.�r Yr! W .• MWYIi. � � Y. n•Y� Y. �YI.r�=` YYu uY wrYY. rr.ur urrd lw, r,7• Y�rr RY-YYr, rO Y� - r- �'���••.•••:��'•�:•� ���....� YWrOrB rYrr M\IN •ter.•... ��.r�� - ..Y.�YYu�• I W YYY r.Y.r Yr. �r�YY�r.Y Y.M ..IY r4A� 1 l _^ ~� • .Yl YpY1. 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DERRIC FAIRWAY HILLS �r N 3 GENERALINFORMATION' LN.INO [OMO: .O.KIYINILL 014 YYi. rNl. \On: « ' \01 ' YYNi. r t. VNIr nY KY Y l01 .N.N rNY I.Y IYY I•.1 All .L ♦ LO\. IN.f 011 ..0\IO 1N Y.NYIY I.OY r0.1r. «1L. nOYM...... Y ..... n .1K .LIYYILM. W .YNYYOY..N IYRYY..I .i .A .Mi<. \O 04... } .Y IN.L n.1. [YNYI.N .Y1Y�n P'EROSE NGINEERINGCOMPRNV, INC. '�"(�„'�”` •m � WO WI 1n. .1Y.1. YMIn. YLY« nN1 IN LY'.OY s LDAKOTA COUNTY REGIONAL PARK LEGAL DESCRIPTION 13 PRELIMINARY PLAT '"111.1.... ..,. OF K LAND CO. DERRIC FAIRWAY HILLS �r N 3 rM EN abvcrA%L APC Minutes April 22, 1986 of Lone Oak Road and west of I -35E, was then convened by Chairperson McCrea. City Planner Dale Runkle advised the Commission that it had been determined by legal counsel that this proposal which was previously before the Commission on an application for rezoning and preliminary plat, did require a Comprehensive Plan amendment. Legal notice had been published and sent out prior to this meeting to include language indicating a Comprehensive Guide amendment. In addition, local municipalities and school districts had been notified. The proposed amendment is being sent to the Metropolitan Council which would not act before May 6, 1986, if it was recommended that approval be contingent upon approval by the Metropolitan Council. Mr. Bob Worthington of Opus Corporation was present to address any questions. There were no appearances on behalf of the general public. Harrison moved, Hall seconded the motion to recommend approval of the Comprehensive Guide. amendment from NB (Neighborhood Business) and R-4 to RB (Roadside Business), subject to the approval of the City Council and Metropolitan Council. All voted yea. FAIRWAY HILLS - COMPREHENSIVE PLAN AMENDMENT Chairperson McCrea then introduced the application of Derrick Lana Company for a Comprehensive Plan Amendment from R -II (Mixed Residential) to R -I (Single Family Residential) containing 145 single family lots on approximately 60 acres located in part of the northwest quarter of Section 34., in the southeast quadrant of Cliff Road and Pilot Knob Road. City Planner Runkle indicated that the paper work was not yet complete but that it appeared to comply with all technicalities that a Comprehensive Plan amendment would be necessary to down zone the property from R -II to R -I. Discussion centered around whether the approval of the Comprehensive Guide • amendment would in any way be a reversal of the previous Planning Commission recommendation to deny the proposed preliminary plat. Mr. Dave Sellergren appeared on behalf of Derrick Land Company and suggested that the only issue before the Planning Commission was whether a reduction in the proposed lana use (density) was recommended and not whether the previously proposed plat was acceptable. Hall moved, Wilkins seconded the motion to recommend denial of the request for Comprehensive Plan amendment. Hall, Wilkins and Harrison voted in favor; Bohne, Trygg, Voracek and McCrea voted against. Bohne then moved, Voracek seconded the motion to recommend approval of the Comprehensive Guide Plan amendment. Bohne, Trygg, Voracek and McCrea voted in favor; Hall, Wilkins and Harrison voted against. 4 • Agenda Information Memo May '6, 1986, City Council Meeting Page Thirty -Four CITY CODE REVISIONS A. Consideration of 1986 City Code Revisions --Each year revisions are required to the City Code documents. Periodically ordinances are amended. New ordinances are adoptedand state statute impacts local legislation. Also., language is changed or corrected to provide a better understanding of interpretation within the City Code. During March, the City Code was reviewed by the City Clerk's office with the presence of the City Codifier, Mr. Roger Jensen, and legal counsel, Mr. Dave Keller of the City Attorney's office. The City Code revisions are outlined in memos from the Director of Finance/City Clerk and Mr. Roger Jensen. In addition to those memos are copies of the actual ordinance amendments that are being proposed for final codifica- tion. There is action being proposed as a part of Chapter 13, the subdivision ordinance, that requires a clarification on the minimum right-of-way widths for public streets.. Since this item was continued by the Advisory Planning Commission at their April 22 meeting, this item will be considered at a later date by the City Council. For additional information on this item, refer to pages JQ% through��. ACTION TO BE 'CON`SSIDERED ON THIS ITEM: To approve or deny, with or without any modification, the City Code revisions as proposed. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: APRIL 9, 1986 SUBJECT: 1986 CITY CODE REVISIONS On March 13, 1986, Liz and I met with Rodger 7'ensen, Lorraine O'Reilly and Dave Keller regarding the 1986 City Code Revisions. Attached please find copies of the revision memo as well as proposed changes on a chapter by chapter basis. I have scheduled a public hearing before the planning commission at the April meeting to review Chapter 13 (subdivision) changes including the one overlooked in 1985. I would like to have this material considered and hopefully approved by the City Council at the May 6, 1986 meeting so the update can proceed. Those changes not previously approved by the City Council are included because thay are required by State law changes, or because Rodger Jensen feels they improve the City Code in making it more effective. The following is a brief outline of the changes being proposed. Chapter 1 Two new sections are added to (1) clarify titles and captions noting that they are there for convenience only and (2) to allow for designees carrying out duties referenced to public officials. Chapter 3 This is a revision which strengthens the City's posture in collect- ing and/or certifying delinquent utility bills. As noted in the revision memo this will be recorded with the Dakota County Recorder to cause these potential liens to be considered and noted on title searches. Chapter 4 Ordinance number 27 incorporating the erosion and sediment control manual'will be inserted. This particular ordinance is not included as part of the attached since it has been approved previously. Chapter 5 Ordinance number 26 changing the boundaries for off -sale liquor licenses and ordinance number 28 changing the fees for liquor licenses have been approved previously and are not included with this material. There are a number of other changes being proposed to this chapter because of actions taken by the 1985 Legislature. Please see the revision memo for the detail. Note also that the action of the City Council at the February 18, 1986 meeting is not included at this time. That action changed the authorized number of on -sale liquor licenses that could be issued, as well as the valuation requirements for restaurants and hotels. The City Attorneys Office has been directed to prepare the appropriate code language for review and it will be included with the 1987 revisions. /O The following three sections have been added as new in total or new to this chapter: 1. Section 5.15 restricts gambling except as licensed by the Charitable Gambling Control Board and as it complies with established City policy. A proposed policy is being pre- pared by staff. 2. Section 5.16, relating to consumption and possession of alcoholic beverages, was moved to this Chapter from Chapter 10 (Public Protection Crimes & Offenses). According to the codefiers the City can be more restrictive under the liquor chapter and at the same time not be subjected to the same defenses as allowed in Chapter 10. The language has also been cleaned up to be more definitive. 3. Section 5.17 restricts alcoholic beverages in school build- ings and on school grounds except when authorized by tempo- rary beer licenses. Chapter 6 Two sections covering Bingo and gambling are repealed as the activity is licensed by the State. Chapter 10 A new subparagraph has been added to include some additional dangerous weapons. Section 10.33 is repealed since it is being added to Chapter 5. Chapter 13 In addition to the 1985 change (minimum right-of-way widths) which was made without the required public hearing before the Planning Commission, the staff is .proposing a rearrangement of the section of the chapter covering amendments to the chapter. It is currently included in Subdivision 4 under preliminary plat and final plat amendments (page 408), which is inappropriate and confusing. Again, these two items will be considered by the planning commis- sion at the April meeting. In summary, I have attempted only to call attention to areas of change. For individuals using the code it is important that the new be compared to the old in detail. At this point I have reviewed this information only with the Police Department, as they would be affected by the proposed changes. They have no problem with the material as presented. Please let me know if you would like to discuss this or if you desire more information. �0 Fina e Director City Clerk CC: Dave Keller 1 Liz Witt �J(f EJV/mc d d E A d 0.-.. REVISION MEMO - EAGAN March 26, 1986 TO: David G. Keller, City Attorney FROM: Lorraine E. O'Reilly, Codifier RE: 1986 City Code Revisions We herewith hand you ordinances amending Chapters 1, 3, 5, 6 and 10 of the City Code. The enclosed ordinances, together with the covering memo, should be reviewed by you and the City staff prior • to being submitted to the Council for its consideration. After the ordinances have been adopted and published, please forward published copies to our office so that we are aware of any changes which have been made in the City's review. The revision pages will then be prepared by our office for insertion in the Code. CHAPTER 1 The proposed provisions relating to "titles" and "public officials" have been inserted in this Chapter. CHAPTER 3 Subd. 8 of Sec. 3.05 is updated as discussed, and if this ordinance is adopted by the Council, we will furnish you with a suggested draft of a certified copy for recording with the County ® Recorder when the revision pages are prepared. CHAPTER 4 Ordinance No. 27 will be inserted in preparing the revision pages. .._ CHAPTER S Due to the many changes made by the 1985 Legislature, the repea', of Chapter 340 and adoption of Chanter 340A, this Chapter iz� being revised substantially. Section 5.01 is amended in its entirety to include malt and wine coolers in the definitions of beer, wine and liquor, to define alcoholic beverages and minors in accordance with the 1986 law. The definition of a fraternal club has been deleted since that term is no longer used in the statutes. The definitions of hotel and restaurant have been retained in their present form since it is our understanding the City is giving additional consideration to redefining those terms. 1� Subparagraph C, Subd.. 4 of Sec. 5.02 is updated in accordance with the statute, Sec. 5.12 expanded upon to provide a general provision as to minors, and to delete a repealed statutory reference in Subd. 1 of Sec. 5.13. Sections 5.15, 5.16 and 5.17 have been inserted as discussed, Sec. 5.30 updated to provide that a liquor licensee need not obtain a separate license to sell beer, and Sec. 5.35 amended to delete references to minors now covered under Sec. 5.12 as a general provision. Sec. 5.50 has been updated in the same manner as Sec. 5.30, as well as Sections 5.55 and 5.72 to remove provisions relating to minors. The Memorial and election day prohibition as to consumption and display were deleted by the 1985 Legislature and that change has been made in Sec. 5.81, Subd. 4, C. Provisions relating to gambling licensed under the City Code have been repealed in Sections 5.33, 5.52 and 5.70.. Ordinances numbered 26 and 28 will be inserted in preparing the revision pages. CHAPTER 6 The Sections providing for the licensing of bingo and gambling have been repealed. CHAPTER 10 A provision relating to throwing stars, nun chucks, etc., has been added to Sec. 10.10 covering dangerous weapons. Sec. 10.33 has been repealed since this provision is now covered under Chapter 5 which will make it more enforceable. CHAPTER 13 Please provide our office with the publication date of Ordinance No. 21 and any changes to be made on Pages 393 and 408. c: Eugene VanOverbeke, V City Clerk -Treasurer -2- /yo NO. , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN,•MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 1 ENTITLED "GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE INCLUDING PENALTY FOR VIOLATION" BY ADDING PROVISIONS RELATING TO TITLES AND DESIGNEES; AND, MAKING THIS ORDINANCE APPLICABLE TO EVERY CHAPTER, SECTION OR OTHER PROVISION OF THE EAGAN CITY CODE. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Chapter 1 is hereby amended by adding Sections, to read: SEC. 1.10. TITLES. A title or caption to or in any ® chapter, section, subdivision, subparagraph or other provision of the City Code is for convenience only and shall not limit, expand, or otherwise alter or control the content, wording or interpretation thereof. SEC. 1.11. REFERENCE TO A PUBLIC OFFICIAL. Wherever a public official is referred to in the City Code, the reference shall include such public official or his designee. Section 2. This ordinance shall be applicable to every chapter, section, or other provision of the City Code. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN • CITY COUNCIL By: Its Clerk Date Ordinance Adopted: Date Ordinance Published: �y� Its Mayor ORDINANCE NO. , 2ND SERIES AN'ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 3 ENTITLED "MUNICIPAL AND PUBLIC UTILITIES - RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS" BY CHANGING A PROVISION RELATING TO DELINQUENT UTILITY SERVICES; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section, 1. Eagan City Code Sec. 3.05 entitled "Rules and Regulations Relating to Municipal Utilities" is hereby amended by changing Subd. 8, to read: Subd. 8. Municipal Utility Services and Charges is Lien. A. Payment for all municipal utility (as -that term is defined in City Code, Section 3.01) service and charges shall be the primary responsibility of the owner of the premises served and shall be billed to him unless otherwise contracted for and authorized in writing by the owner and the tenant, as agent for the owner, and consented .to by the City of Eagan, Minnesota. The City may collect the same in a civil action or, in the alternative and at the option of the City, as otherwise provided in this Subdivision. B. Each such account is hereby made a lien upon the premises served. All such accounts which are more than forty-five days past due may, when authorized by resolution of the Council, be certified by the City Clerk -Treasurer of the Cit of Eagan, Minnesota, to the County Auditor, and the City Clerl Treasurer in so certifying shall specify the amount thereof, the description of the premises served, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes, and collected by the County Treasurer, and paid to the City along with other taxes. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 3.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. 40 ATTEST: Its Clerk Date Ordinance Adopted: Date Ordinance Published: C CITY OF EAGAN CITY COUNCIL By: Its Mayor -2- 15�5 I ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 5 ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY DEFINING AND REDEFINING CERTAIN DEFINITIONS; BY CHANGING PROVISIONS RELATING TO REFUNDMENT OF LICENSE FEES, UNLAWFUL ACTS RELATING TO MINORS AND FINANCIAL RESPONSIBILITY; BY ADDING PROVISIONS RELATING TO GAMBLING, CONSUMPTION AND POSSESSION OF.. ALCOHOLIC BEVERAGES ON STREETS AND OTHER PROPERTY AND IN CERTAIN BUILDINGS AND GROUNDS; BY CHANGING PROVISIONS RELATING TO BEER LICENSE REQUIREMENTS AND UNLAWFUL ACTS, LIQUOR AND ON -SALE WINE LICENSE REQUIREMENTS AND UNLAWFUL ACTS; AND HOURS AND DAYS OF OPERATION FOR CONSUMPTION AND DISPLAY; BY REPEALING PROVISIONS RELATING TO GAMBLING; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 5.01 is hereby amended in its entirety, to read: SECTION 5.01. DEFINITIONS. As used in this Chapter, unless otherwise stated in specific sections, .the following words and terms shall have the meanings stated: 1. "Alcoholic Beverage" means any beverage containing more than one-half of one percent alcohol by volume, including, but not limited to, beer, wine, and liquor as defined in this Section. 2. "Applicant" means any person making an application for a license under this Chapter. 3. "Application" means a form with blanks or space• thereon, to . be filled in and completed by the applicant as his request for a license, furnished by the City and uniformly required as a prerequisite to the consideration of the issuance of a license for a business. 4. "Beer" means malt liquor containing not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight. (This definition includes so-called "malt coolers" with the alcoholic content limits stated herein., 5. "Brewer" means a person who manufactures beer for sale. 6. "Church" means a building which is principally used as a place where persons of the same faith regularly assemble for the public worship of God. -1- 7. "Club" means an incorporated organization organized under the laws of the State for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization, which: (1) has more than fifty members; (2) has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; (3) is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or.. employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. Such club or congressionally chartered veterans' organization must have been in existence for at least three years. 8. "Commissioner" means the Minnesota Commissioner of ® Public Safety. 9. "Exclusive Liquor Store" means an establishment used exclusively for the sale of liquor except for the incidental sale of ice, tobacco, beer, beverages for mixing with liquor, and soft drinks may also be sold, and the establishment may offer recorded or live entertainment and make available coin-operated amusement devices. 10. "General Food Store" means any place of business carrying a stock of food supplies and primarily engaged in selling food and grocery supplies to the public. 11. "Hotel" and "Motel" mean and include any establishment having a resident proprietor or manager, where, in. consideration of payment therefor, food (consisting of a full menu as distinguished from exclusively "fast food"items such as pizza, hamburgers and other sandwiches) and lodging are regularly furnished to transients, and which contains not less than 25 guest rooms with bedding and other suitable and necessary furnishings in each room, and which is provided with a suitable lobby, desk and office for the registration of its guests at the main entrance and on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has an integral part thereof a dining room with appropriate facilities for seating not less than 40 guests at one time, where the general public is, in consideration of payment therefor, served with meals at tables, where the principal part of the business (meaning at least 608 of the gross income from sales during each calendar quarter) is from serving foods and furnishing lodging, and where there is an appraised value of at least $200,000.00 as to the building or portion of the building associated with liquor sales. 12. "License" means a document, issued by the City, to an applicant permitting him to carry on and transact the business stated therein. -2- /�� 13. "Licensee" means an applicant who, pursuant to his approved application, holds a valid, current, unexpired license, which has'neither been revoked nor is then under suspension, from the City for carrying on the business stated therein. 14. "License Fee" means the money paid to the City pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein. 15. "Licensed Premises" means the premises described in the issued license. 1 16. "Liquor" means ethyl alcohol and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2 percent of alcohol by weight. (This definition includes so-called "wine coolers" and "malt coolers" with the alcoholic content limits stated herein.) 17. "Malt Liquor" means any beer, ale, or othe beverage made from malt by fermentation and containing not les than one-half of one percent alcohol by volume. 18. "Manufacturer" means every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces alcoholic beverages for sale. 19. "Minor" means any natural person who has not attained the age of 19 years; provided, that after September 1, 1986, the term means any natural person who either (1) has not attained the age of 21 years, or (2) was born after September 1, 1967. 20. "Off -Sale" means the sale of alcoholic beverages original packages for consumption off the licensed premises onl3w 21. "On -Sale" means the sale of alcoholic beverages for consumption on the licensed premises only. 22. "Package" and "Original Package" mean any container or receptacle holding alcoholic beverages, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler. 22. "Restaurant" means an establishment, other than a hotel or motel, under the control of a single proprietor or manager, having appropriate facilities for the serving of meals, (consisting of a full menu as distinguished from exclusively "fast food" items such as pizza, hamburgers and other sandwiches) and where, in consideration of payment therefor, meals are regularly served at tables to the general public, which employs an adequate staff to provide the usual and suitable service to its guests, the principal part of the business (meaning at least 608 of the gross income from sales during each calendar quarter) being the serving of foods, and which shall have seating facilities for seating not less than 30 guests at one time, and have an appraised value of at least $200,000.00 as to the building or portion of the building associated with liquor sales. 24. "Sale"; "Sell" and "Sold" mean all barters and all manners or means of furnishing alcoholic beverages to persons, including such furnishing in violation or evasion of law. 25. "Wholesaler" means any person engaged in the business of selling alcoholic beverages to a licensee from a stock maintained in a warehouse. 26. "Wine" means a beverage made without rectification or fortification by the fermentation of sound ripe grapes, grape juice, other fruits, or honey, and also carbonated wine, wine ® made from condensed grape must, wine made from other agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, containing not less than one-half of one percent nor more than fourteen percent alcohol by volume. (This definition includes so-called "wine coolers" with the alcoholic content limits stated herein.) Section 2. Eagan City Code Sec. 5.02 entitled "Applications and Licenses Under this Chapter - Procedure and Administration" is hereby amended by changing Subparagraph C of Subd. 4, to read: C. License Refundment in Certain Cases. A pro - rata share of an annual license fee for a license to sell liquor or beer, either on -sale or off -sale, shall be refunded to the licensee, or to his estate, if: (1) the business ceases to operate because of destruction or damage; (2) the licensee dies; (3) the business ceases to be lawful for a reason other than a license revocation or suspension; or, (4) the licensee ceases to carry on the licensed business under the license. Section 3. Eagan City Code Sec. 5.12 entitled "Proof of Age" is hereby amended, to read: SEC. 5.12. MINORS AS DEFINED IN SECTION 5.01 - UNLAWFUL ACTS. Subd. 1. Consumption. It is unlawful for any: A. Licensee to permit any minor .to consume alcoholic beverages on licensed premises. B. Minor to consume alcoholic beverages except in the household of the minor's parent or guardian, and then only with the consent of such parent or guardian. Subd. 2. Purchasing. It is unlawful for any: A. Person to sell, barter, furnish, or give alcoholic beverages to a minor unless such person is the parent or guardian of the minor, and then only for consumption in the household of such parent or guardian. B. Minor to purchase or attempt to purchase any alcoholic beverage. C. Person to induce a minor to purchase or procure any alcoholic beverage. Subd. 3. Possession. It is unlawful for a minor to possess any alcoholic beverage with the intent to consume it at a place other than the household of the minor's parent or guardian. Possession of an 'alcoholic beverage by a minor at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of his parent or guardian. Subd. 4. Entering Licensed Premises. It is unlawfuO for a minor to enter licensed premises for the purpose of purchasing or having served or delivered to him any alcoholic beverage, or for a minor to be on premises licensed for the on - sale of liquor unless such premises are a restaurant, hotel or motel, and then only in the company of at least one of his parents or his guardian; or for a minor to be on premises licensed for the on -sale of beer unless such premises are also a restaurant. Subd. 5. Misrepresentation of Age. It is unlawful for a minor to misrepresent his age for the purpose of purchasing an alcoholic beverage. Subd. 6. Proof of Age. Proof of age for purchasing or consuming alcoholic beverages may be established only by a val' driver's license, a Minnesota identification card, or, in tl case of a foreign national, by a valid passport. Section 4. Eagan City Code Sec. 5.13 entitled "Financial Responsibility of Licensees" is hereby amended by changing Subd. 1, to read: Subd. 1. Proof. No alcoholic beverage license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility imposed by Statutes, by filing with the City a certificate that there is in effect an insurance policy or pool providing minimum coverages of (1) $50,000.00 because of bodily injury to any one person in any one occurrence, and, subject to the limit for one person, in the amount of $100,000.00 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10,000.00 because of injury to or destruction of property of others in any one occurrence, and (2) $50,000.00 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $100,000.00 for loss of means of support of two or more persons in any one occurrence. -5- kyr Section 5. Eagan City Code Chapter 5' is hereby amended by adding Sections, to read: SEC. 5.15. GAMBLING PROHIBITED. It is unlawful for any licensee to keep, possess, or operate, or permit the keeping, possession, or operation on licensed premises of dice or any other gambling device, or permit raffles to be conducted, except as are licensed by the'Charitable Gambling Control Board and then only except as it complies with the established policy of the City. SEC. 5.16. CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES ON STREETS, PUBLIC PROPERTY, AND PRIVATE PARKING LOTS TO WHICH THE PUBLIC HAS ACCESS. It is unlawful for any person to consume, or possess in an unsealed container, any alcoholic beverage on any (1) City park, (2) street, (3) public property, or (4) private parking lot to which the public has access, except on such premises when and where permission has been specifically • granted or licensed by the Council. Provided, that this Section shall not apply to the possession of an unsealed container in a motor vehicle when the container is kept in the trunk of such vehicle if it is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this Section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or passengers. SEC. 5.17. ALCOHOLIC BEVERAGES IN CERTAIN BUILDINGS AND GROUNDS. It is unlawful for any person to introduce upon, or have in his possession upon, or in, any school ground, or any schoolhouse or school building, any alcoholic beverage, except for experiments in laboratories and except for those, organizations who have been issued temporary licenses to sell beer, and for any person to possess beer as a result of a ® purchase from those organizations holding temporary licenses. Section 6. Eagan City Code Sec. 5.30 is hereby amended, to read: - SEC. 5.30. BEER LICENSE REQUIRED. It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of beer, as part of a commercial transaction, without a license therefor from the City. This Section shall not apply to sales by manufacturers to wholesalers or to sales by wholesalers to persons. holding beer licenses from the City. Any person licensed to sell liquor at on -sale shall not be required to obtain an on -sale beer license, and may sell beer on -sale without an additional license. Any person licensed to sell liquor off -sale shall not be required to obtain an off -sale beer license, and may sell beer off -sale without an additional license. Section 7. Eagan City Code Sec. 5.35 is hereby amended, to read: SEC. 5.35. UNLAWFUL ACTS (BEER). It is unlawful for any: Subd. 1. Person to knowingly induce another to make an illegal sale or purchase of beer. Subd. 2. Licensee to sell or serve beer to any person who is obviously intoxicated. Subd. 3. Licensee to sell beer on any day, or during any hour, when such sales are not permitted by law. Subd. 4. Licensee to allow consumption of beer on licensed premises on any day when sales of beer are not permitted by law. Subd. 5. Person to purchase beer on any day, or during any hour, when sales of beer are not permitted by law. Section 8. Eagan City Code'Sec. 5.50 is hereby amended, to read SEC. 5.50. LIQUOR LICENSE REQUIRED. It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of liquor, as part of a commercial transaction, without a license therefor from the City. This Section shall not apply (1) to such potable liquors as are intended for therapeutic purposes and not as a beverage, (2) to industrial alcohol and its compounds not prepared or used for beverage purposes, (3) to wine in the possession of a person duly licensed under this Chapter as an on - sale wine licensee, (4) to sales by manufacturers to wholesalers duly licensed as such by the Commissioner, or (5) to sales by wholesalers to persons holding liquor licenses from the City. Any person licensed to sell liquor at on -sale shall not be required to obtain an on -sale beer license, and may sell beer on - sale without an additional license. Any person licensed to se� liquor off -sale shall not be required to obtain an off -sale be license, and may sell beer off -sale without an additional license. Section 9. Eagan City Code Sec. 5.55 is hereby amended, to read: SEC. 5.55. UNLAWFUL ACTS (LIQUOR). It is unlawful for any: Subd. 1. Person to knowingly induce another to make an illegal sale or purchase of liquor. Subd. 2. Licensee to sell liquor on any day, or during any hour, when sales of liquor are not permitted by law. Subd. 3. Person to purchase liquor on any day, or during any hour, when sales of liquor are not permitted by law. Subd. 4. Licensee to sell or serve liquor to any person who is obviously intoxicated. � r' Section 10. Eagan City Code Sec. 5.72 is hereby amended, to read: SEC. 5.72. UNLAWFUL ACTS (WINE). It is unlawful for any: Subd. 1. Person to knowingly induce another to make an illegal sale or purchase of wine. Subd. 2. Licensee to sell wine on any day, or during any hour,.when sales of wine are not permitted by law. Subd. 3. Person to purchase wine on any day, or during any hour, when sales of wine are not permitted by law. Subd. 4. Licensee to sell or serve wine to any person who is obviously intoxicated. Subd. 5. Licensee to sell wine except in conjunction ® with the sale of food. Section 11. Eagan City Code Sec. 5.81 entitled "Consumption and Display" is hereby amended by changing Subparagraph C of Subd. 4, to read: C. No licensee may permit a person to consume or display liquor, and no person may consume or display liquor, between 1:00 o'clock A.M. and 12:00 o'clock noon on Sundays, and between 1:00 o'clock A.M. and 8:00 o'clock A.M. on Monday through Saturday. Section 12. Eagan City Code Chapter 5 is hereby amended by repealing Subd. 1 of Sec. 5.33 entitled "Beer License Restrictions and Regulations"; Subd. 4 of Sec. 5.52 entitled "Liquor License Restrictions and Regulations"; and Subparagraph D of Subd. 3 of Seca ® 5.70 entitled "On -Sale Wine", all relating to gambling. Section 13. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 14. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL Its Clerk Date Ordinance Adopted: Date Ordinance Published: By: Its Mayor ORDINANCE NO.__ , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY REPEALING PROVISIONS RELATING TO LICENSING OF BINGO AND GAMBLING; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Chapter 6 is hereby amended by repealing Sec. 6.33 entitled "Bingo" and Sec. 6.35 entitled "Gambling". Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Cod4h Including Penalty for Violation" is hereby adopted in its entirety, b reference, as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: Its Clerk Date Ordinance Adopted: Date Ordinance Published: CITY OF EAGAN CITY COUNCIL By: Its Mayor aD Z • ORDINANCE NO. , 2ND -SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 10 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES; BY ADDING A PROVISION RELATING TO DANGEROUOS WEAPONS; BY REPEALING A PROVISION RELATING TO CONSUMPTION AND POSSESSION OF BEER, WINE OR LIQUOR ON STREETS .AND PUBLIC PROPERTY; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99 WHICH, AMONG OTHER THINGS,.. CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Sec. 10.10 entitled "Dangerous Weapons and Articles" is hereby amended by adding Subparagraph I to Subd. 1, to read: I. Possess, sell, transfer, or have in possession for sale or transfer, any weapon commonly known as a throwing star, nun chuck or sharp stud. For the purposes of this Subparagraph, (1) a "throwing star" means a circular metallic device with any number of points projecting from the edge, (2) a "nun chuck" means a.pair of wood sticks or metallic rods separated by chain links attached to one end of each such stick or rod, and (3) a "sharp stud" means a.circular piece of metal attached to a wrist band, glove, belt or other material which protrudes one-fourth inch, or more, from the material to which it is attached, and with the protruding portion pyramidal in shape, sharp or pointed. Section 2. Eagan City Code Sec. 10.33 entitled "Consumption and Possession of Beer, Wine or Liquor on Streets and Public Property" is hereby repealed. ® Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 10:99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: Its Clerk Date Ordinance Adopted: Date Ordinance Published: Zo3 Its Mayor A ORDINANCE NO. 2nd SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 13, ENTITLED "SUBDIVISION REGULATIONS" BY AMENDING PROVISIONS RELATING TO THE AMENDMENT OF SAID "SUBDIVISION REGULATIONS". THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code, Chapter 13, Section 13.40, entitled Administration Enforcement, is hereby amended by amending Subdivision 4 and 5, to read as follows: Subd. 4. Preliminary Plat and Final Plat. The procedures for filing petitions and holding hearings required for preliminary plats and final plats shall be as described in this Section and Section 13.10 of this Chapter. A. Initiation. Proceedings for a petition under this Chapter shall be initiated by: (1) a petition of all persons deemed owners under Section 13.04 for a preliminary plat, final plat, waiver or variance; (2) by action of the Planning Commission; or, (3) by action of the Council. B. Petitions. All petitions for preliminary plat approval which are initiated by the owner or owners of the property shall be filed with the City Clerk and the application shall be accompanied by an abstractor's certified property certificate showing the property owners within three hundred and fifty feet (350') of the !,0 outer boundaries of the property in question. The petition shall be forwarded to the Planning Commission by the City Administrator. C. Public Hearing - Notice and Procedure. The Planning Commission shall hold at least one (1) public hearing on a preliminary plat affording the parties interested the opportunity to be heard and shall give not less than ten (10) days nor more than changes in zoning. At least ten (10) days before the hearing, the City Clerk shall mail an identical notice to the owners of the property and to each of the property owners within three hundred and fifty feet (350') of the outside boundaries of the lana proposed to be rezoned. Failure to give mailed notice to inaividival property owners or defects in the notice shall not invalidate the proceeding, provided a bona fine attempt to comply with this Subdivision has been ® made. 9 Subd. 5.. Fees. The required fees to be paid for each petition required under this Chapter shall be established by separate resolution of the Council and the fee schedule may be revised from time to time. Where said fees do not cover costs incurred by the City in the processing of the petition, the petitioner shall be required to pay additional fees upon receipt of an itemized invoice from the City. Suba. 6. Amendments. This Chapter may only be amended by the Council after a public hearing has been held by the Planning Commission to consider the amendment and a recommendation has been mace related thereto unless sixty (60) days shall have passed since the hearing wherein the Council can act without a Planning Commission recommendation. 7,05 thirty (30) days notice of time and place of such hearing, published in the designated legal newspaper of the City. Such notice shall .. ® also include the legal description of the land and the proposed changes in zoning. At least ten (10) days before the hearing, the City Clerk shall mail an identical notice to the owners of the property and to each of the property owners within three hundred and fifty feet (350') of the outside boundaries of the lana proposed to be rezoned. Failure to give mailed notice to inaividival property owners or defects in the notice shall not invalidate the proceeding, provided a bona fine attempt to comply with this Subdivision has been ® made. 9 Subd. 5.. Fees. The required fees to be paid for each petition required under this Chapter shall be established by separate resolution of the Council and the fee schedule may be revised from time to time. Where said fees do not cover costs incurred by the City in the processing of the petition, the petitioner shall be required to pay additional fees upon receipt of an itemized invoice from the City. Suba. 6. Amendments. This Chapter may only be amended by the Council after a public hearing has been held by the Planning Commission to consider the amendment and a recommendation has been mace related thereto unless sixty (60) days shall have passed since the hearing wherein the Council can act without a Planning Commission recommendation. 7,05 A Section 2. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: Its Clerk Its Date Ordinance Adopted: Date Ordinance Published in the legal newspaper: W 17J • 40 Agenda Information Memo May 6, 1986, City Council Meeting Page Thirty -Five THOMAS WIRKUS/BUILDING PERMIT FOR POLE BARN B. Mr. and Mrs. Thomas Wirkus, Request for a Building Permit to Construct a Pole Barn at 1533 Lone Oak Road --Mr. & Mrs. Thomas Wirkus of Zehnder Acres have applied for a building permit for a 1,225 square -foot, metal -clad utility building. This type of building is sometimes referred to as a "pole barn" and creates neighborhood concern, even though it is permitted within the City Code. Several years ago, the City Council adopted a policy requiring review of any large, metal -sided utility building in areas zoned R-1. City Code 11.1054 restricts utility buildings to a maximum height of the principle building except in agricul- turally -zoned areas. City Code 11.20, Subdivision 6f, allows a maximum of 20% building coverage for all buildings on the lot and City Code 11.20, subdivision 6, establishes minimum setbacks. According to Chief Building Inspector Peterson, this proposed building does meet the minimum requirements of the Eagan City Code as it now exists. Enclosed on pagesZo� through 'Z16 is a copy of the lot description, site location and picture of the proposed metal building. It was the determination of the City Administrator that due to previous policy of the City Council that this building permit be reviewed and be given consider- ation at the City Council meeting. Because there are no ordinance requirements for a special permit, conditional use permit or any other type of application, there is no vehicle for notifica- tion of the neighborhood. Therefore, the surrounding neighbors have not received any notification of this agenda item. ACTION TO BE CONSIDERED ON THIS a building permit to construct by Mr. and, Mrs. Thomas Wirkus. EVA ITEM: To either approve or deny a metal building as requested 1 x:35 ,06 MEARS PARK PLACE METRO TITLE CORPORATION .' 405 S113LEY STREET -- ST. PAUL. MINNESOTA 54101 PHONE p12J 722-1175 bl LEGAL DESCRIPTION TheW-st 184 feet of the South 200 feet I Lot ]�, Zehnder Acres INSPECTION DATE 9-10!95 - - FILE NO. M-24977 RE: ThaTBS and Cynthia Wirkus, 1533 Lone (mak Road, Eagan, NN -T-T 7-�— T I I I I I I I --F-F T-T-I—TT'T T—F—.V—i 0 0 Agenda Information Memo May 6, 1986, City Council Meeting Page Thirty -Six MARK JOHNSON CONSTRUCTION/VARIANCE REQUEST C. Variance to Setback Requirements, Mark Johnson Construction, Lot 1, Block 3, Windtree 3rd Addition --A variance application was submitted by Mark Johnson Construction requesting a variance to setback requirements for Lot 1, Block 3, Windtree 3rd Addition. For additional information on this item, refer to the Planning Department report, a copy is enclosed on pages -�la through a/ . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the variance request as presented. \7 • CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: MARK JOHNSON CONSTRUCTION INC LOCATION: LOT 1, BLOCK 3, WINDTREE 3RD ADDN. SA SEC 13 EXISTING ZONING: R-1 SINGLE FAMILY DATE OF PUBLIC HEARING:. MAY 6, 1986 DATE OF REPORT: APRIL 30, 1986 REPORTED BY: JIM STURM • APPLICATION: An application has been submitted requesting side yard variances of 6.5' and 9' along the western property line of Lot 1, Block 3, Windtree 3rd Addition. COMMENTS: This lot has frontage on both Windtree Drive to the north and Elrene Road to the west. The Elrene right of way - is 80' and, therefore, the building setback is 40' instead of the typical 30'. In an attempt to minimize the variance needed, the applicant has "reversed" the house so that the garage can be placed 5' from the eastern property line. (See sketch.) All other setbacks meet code requirements. If approved, the variance shall be subject to all other City ordinances and requirements. • JS/jj 0 . • S-URVE .O R A S C E R TJIF°I C A T E�; "IMRK JOHNSON CONSSTT UCS I ON /NpTRE � / w pR�V� �aaa o) 6 7332 811E ' �`� N r- 40 \ Agenda Information Memo May 6, 1986, City Council Meeting Page Thirty -Seven CONTRACT 86-6_, RECEIVE BIDS/AWARD CONTRACT DEERWOOD DRIVE A. Contract 86-6, Receive Bids/Award Contract (Deerwood Drive) -- At 10:30 A.M. on Friday; May 2, the Council received the bids for the construction of Deerwood -Drive from Pilot Knob Road to I -35E. Enclosed on page 2_Z„ is a tabulation of the -bids received and a comparison to the feasibility report estimate presented. at the public hearing held on January 21, 1986..All bids will be checked for accuracy with extensions and additions and a formal • recommendation will_ be . provided by the Public Works Director at the May 6 meeting. Council's previous concern regarding the timing of this road construction with other potential road closures on Yankee Doodle Road have been addressed in a memo from the Public Works Director and distributed as a part of the Additional Information packet. All easements necessary for this construction are in the process of acquisition through negotiation or condemnation as previously authorized by Council action. The City Attorney will be available to answer .any questions regarding the status of the acquisition of all related easements if necessary. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 86-6 (Deerwood Drive) and award the contract to the • lowest responsible bidder. .215 CITY CONTRACT86-6 DEERWOOD DRIVE UTILITIES & STREET EAGAN, MINNESOTA BID TIME: 10:30 A.M., C.D.S.T. BID DATE: Friday, May 2, 1986 1. M. Danner Construction 5% Aetna $440,621.00 2. Richard Knutson, Inc. 5% Firemans Fund 469,515.35 3. McNamara Construction 5% Peerless 475,794.95 4. Alexander Construction 5% United Fire 482,059.55 5. Arcon Construction 5% Wausau 493,239.85 6. Northdale Construction 5% Transamerica 499,374.90 • • ENGINEER'S ESTIMATE ........ $550,000.00 FEASIBILITY REPORT EST. .... 549,400.00 Under Engineer's Est. .... —20% Under Feasibility Rpt. ... —20% o?/4 Agenda Information Memo May 6, 1986, City Council Meeting Page Thirty -Eight CONTRACT 86-10, RECEIVE BIDS/ORDER FINAL ASSESSMENT HEARING EAGANDALE CENTER INDUSTRIAL PARK B. contract 86-10, Receive Bids/Order Final Assessment Hearing (Eagandale Center Industrial Park - Storm Sewer) --At 10:30 A.M. on Thursday, May 1, the Council received bids for the installation of major storm sewer facilities to service the future development of the Eagandale Center Industrial Park. This contract also provides for the installation of lateral storm sewer along the service road separately petitioned for. Enclosed on page Z/ is a copy of the bids received showing .the relationship of the • low bidder to estimates contained in the feasibility report pre- sented at the public hearing held on January 21, 1986., As the Council may recall, there is a potential concern regarding financial impact associated with potential assessment appeals and it was decided that the City would proceed with the final assessment hearing prior to awarding the contract for construction. Therefore., At would be in order for the Council to receive the bids and order the final assessment hearing to be held on June 17, 1986, at which time consideration of the contract award can be made depending on the results of the final assessment hearing. ACTION TO BE CONSIDERED ON THIS ITEK: To receive the bids for Contract 86-10 (Eagandale Center Industrial Park -.Storm Sewer) and order the preparation of the final assessment roll to be considered at a final assessment hearing on June 17, 1986.' CITY CONTRACT NO. 86-10 ;AGANDALE INDUSTRIAL PARI PROJECT NO. 458 WEST SERVICE ROAD PROJECT N0, 471 U.P.S. FIRST ADDITION STORM SEWER IMPROVEMENTS EAGAN, MINNESOTA 4792d BID ENGINEER'S ESTIMATE FEASIBILITY REPORT ESTIMATE Under Engineer's Estimate Under Feasibility Report Est Our File No. 49370 BID TIME: 10:30 A.M., C.D.S.T. BID DATE: Thursday, May 1 1986 TOTAL BASE BID $264,188.50 Project 458 212,094.50 263,040.00 314,570.00 -19.4% -32.6% 279,267.45 292,071.75 292,407.00 294,237.00 303,023.15 309,295.65 315,675.00 317.745.48 324,044.75 341,243.15 342,368.48 369,454.40 Project 471 28,754.00 34,560.00 31,679.00 -16.8% - 9.2% Project 4428 23,340.00 34,800.00 33,800.00 -32.9% -30.9% CONTRACTORS No Addendum 1. F.F. Jedlicki 5% United Pacific 2, Danner Trucking 5% Aetna ®3. Northdale Construction 5% Transamerica 4. Rice Lake Contracting 5% Wausau 5, Crossings, Inc. 5% United St. Fidelity 6. Arcon Cons=ruction 5% Wausau 7. L & G Rehbein 5% United Fire 8. Nodland Associates 5% United Fire 9. Orfei & Sons 5% Capital 10. Barbarossa & Sons 5% St. Paul Fire 11. Encon Utilities 5% Capital No Addendum 12. J.P. Norex 5% Reliance No Addendum 13. Ceca Utilities 5% United St. Fidelity • 4792d BID ENGINEER'S ESTIMATE FEASIBILITY REPORT ESTIMATE Under Engineer's Estimate Under Feasibility Report Est Our File No. 49370 BID TIME: 10:30 A.M., C.D.S.T. BID DATE: Thursday, May 1 1986 TOTAL BASE BID $264,188.50 Project 458 212,094.50 263,040.00 314,570.00 -19.4% -32.6% 279,267.45 292,071.75 292,407.00 294,237.00 303,023.15 309,295.65 315,675.00 317.745.48 324,044.75 341,243.15 342,368.48 369,454.40 Project 471 28,754.00 34,560.00 31,679.00 -16.8% - 9.2% Project 4428 23,340.00 34,800.00 33,800.00 -32.9% -30.9% • Agenda Information Memo May 6, 1986,,City Council Meeting Page Thirty -Nine CONTRACT 86-4, RECEIVE BIDS/AWARD CONTRACT BRITTANY '9TH ADDITION C. Contract 86-4, Receive Bids/Award Contract (Brittany 9th Addition,) --At 10:30 A.M. Thursday, May 1„ formal bid's were received for the installation of streets and utilities to service the Brittany 9th Addition. Enclosed on page 7,R0 is a tabulation of the bids received with a comparison of the low bidder to the feasibility report estimate presented at the public hearing held on November 19, 1985. All easements necessary for this project have been dedicated as a part of the final plat or acquired through separate easement dedication. All bids will be checked for accuracy on extensions and additions and a final recommendation will be presented by the Public Works Director at the May 6, 1986 meeting. ACTION TO BE CONSIDERED ON THIS 'ITEM: To receive the bids for Contract 86-4 (Brittany 9th Addition) and award the contract to the lowest responsible bidder. No Adden. • No Adden. Our File No. 49371 CITY CONTRACT NO. 86-4 BRITTANY 9th ADDITION UTILITY 6 STREET IMPROVEMENTS PROJECT NO. 459 EAGAN, MINNESOTA CONTRACTORS 1. M.,Danner Trucking Aetna 5% 2, 0 & P Contracting Transamerica 5% 3. S.J. Louis Constr. Capital Indem. 5% 4. Northdale Construction Transamerica 5% 5. Burschville Construction Capital 5% 6. Ceca Utilities United St. Fi.dpl.. 5% No Adden. 7. Encon Utilities Capital Indem. 5% 8. Nodland Associates United Fire 5% 9. Orfei & Sons Capital 5% E BID TIME: 10:30 A.M., C.D.S.T. BID DATE: Thursday, May 1, 1986 TOTAL BASE BID $150,239.25 157,188.65 162,126.30 163,967.50 165,583.60 165,796.70 167-021-00 I67,163.69 168.087.00 ENGINEER'S ESTIMATE------------ $162,000.00 FEASIBILITY REPORT ESTIMATE 145,189.00 Under Engineer's Estimate -7.3% 4790d % Over Feasibility Report Estimate +3.5% ,Zao Agenda Information Memo May 6, 1986, City Council Meeting Page Forty CONTRACT 86-12/PUMPHOUSE #8 D. Contract 86-12, Approve Plans/Authorize Advertisement for Bids (Pumphouse #8) --The drilli-ng and development of Wells #8 and #9 are presently in progress under Contract 85-15 . With Well #9 proposed to be a submersible well, only one pumphouse will be required for Well #8. Detailed plans and specifications have now been completed and are being presented to the Council for their consideration, approval and authorization to advertise for bids. The consulting engineering and Public Works Director will be available to discuss any questions the Council may have regarding the construction of this pumphouse facility. ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans and specif- • cations for Contract 86-12 (Pumphouse #8) and authorize the adver- tisement for a bid opening to be held at 10:30 a.m. on Friday, May 30, 1986. • d0( / Agenda Information Memo May 6, 1986, City Council Meeting Page Forty -One CONTRACT 86-1 E. Contract 86-1, Receive Bids, Award Contract for Park Construc- tion --Bids were received on April 15 for the construction of five (5) City parks identified as Project 86-1. Nine contractors submitted bids with the lowest bid submitted by Central Landscaping Inc. in the amount of $313,753.81. Staff is recommending award of the contract to Central Landscaping which is well under the estimate of $3`70,000. Refer to page 7z3 for a copy of the list of bidders. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the low bid for Contract 86-1 to Central Landscaping in the amount of $313,753.81. ' MEMO TO: ADVISORY PARKS & RECREATION COMMISSION FROM: STEPHEN SULLIVAN, PARK PLANNER/LANDSCAPE ARCHITECT DATE: APRIL 30, 1986 RE: IMPROVEMENT CONTRACT 86-1 PARKS CONSTRUCTION CONTRACT APPROVAL • Bids were opened on April 18 for this year's park construction project. Twenty-nine contractors and vendors received plan/specification with nine submitting bids. The base bid totals are as follows: • 1. Central Landscaping Inc. $313,753.81 2. Enebak Construction Co. 327,721.95 3. Buesing Corp. 332,777.76 4. Steininger Construction 360,940.20 5. Richard Knutson Inc. 374,459.31 6. D.H. Blattner & Sons 400,000.00 7. Barber Construction Co. 405,170.11 8. G.L. Contracting 426,808.88 9. Park Construction 445,624.62 _2,;�3 (revised) (revised) Agenda Information Memo May 6., 1986, City Council Meeting Page Forty -Two CONTRACT 86-9 F. Contract 86-9, Receive Bids and Award Contract for Park Shelters --Bids were received on April 15 for the construction of park shelter buildings, referenced as Project 86-9. The architec- tural firm of Schwartz -Webber has reviewed the bids and completed a reference check on the lowest bidder. The City Architect on the project and City staff are recommending approval to award the Contract 86-9 to A.L.M. Construction for $382,838. For a list of the bidders, refer to page The architectural estimate was $432,000. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the ® low bid for Contract 86-9 to A.L.M. Construction in the amount of $382,838. • BID OPENING 86-9 - PARK SHELTER Bids were opened on April 15 for Project 86-9, Park Shelter Construction. Eleven contractors received plans and specifications, with eight submitting bids. The base bid totals are as follows: Contractor Base Bids 1. A.L.M. Construction $374,840. 2. Sheehy Construction 388;300. 3. Shaw - Lundquist Construction 402,500. 4. ® H.M.H. Enterprises 419,700. 5. Morcon Construction 435,700. 6. Keho Construction 453,710. 7. Maertens Construction 454,572. 8. C.K.C. Construction 454,950. • Architectural Estimate: $432,000. �2;?J • Agenda Information Memo May 6, 1986, City Council Meeting Page Forty -Three CONTRACT 86-15, HAMPTON HEIGHTS - TRUNK WATER MAIN G. Contract 86-15, Approve Plans/Authorize Advertisement for Bids (Hampton Heights - Trunk Water Main) --In response to a petition submitted by the developer of the proposed Hampton Heights subdivision, the Council held a public hearing and sub- sequently approved the installation of the trunk water main through this subdivision which will also service Wells #8 and #9 presently under construction. These plans have now been completed and are being presented to the Council for their consider- ation, approval and authorization to advertise for bids. The consulting engineering and Public Works Director will be available to discuss any concerns or questions the Council may have regarding the design of this proposed improvement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 86-15 (Hampton Heights - trunk water main) and order the advertisement for a bid opening to be held at 10:3,0 a.m., Friday,, May 30, 1986. Z7iSo MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 2, 1986 SUBJECT: INFORMATIVE MAY AND JUNE CITY COUNCIL SCHEDULE Enclosed on page Z7 -Q is a copy of the May and June City Council schedule. The second Tuesday of each month is generally scheduled for a Special City Council meeting. The City Administrator has tentatively arranged for Lyle -Sumek for that date. Further ® discussion is required regarding a time in which the workshop can begin on that day. VOLUNTEER FIRE DEPARTMENT REPORT Enclosed on page 230 is a copy of the Volunteer Fire Department monthly report for the month of January. BRAD RAGAN TIRE CENTER AGREEMENT The Planning Department has worked out. an agreement. with Brad Ragan Tire Center for a number of improvements to their outside storage. Mr. Lester Spencer and Mr. Sheldon Ramnirine have both. been contacted, in writing, by the Planning Department. A copy of that. letter is enclosed on pages Z3/ through Z 5e,4 for your review. The letter does indicate that this item is to be scheduled on the May 6, City Council meeting, however, according to the original City Council action, unless there was no cooperation by Brad Ragan Tire Center it was not. necessary to bring this item back to the City Council. All the property owners have been notified that the item is not. scheduled for the May 6 meeting. COUNTY BIKE WAY PLAN Enclosed on page 7-315 is a thatreferences an informational May 15, at. the Eagan Library o Parks and Recreation Department will be present. for this meeting. NSP SAFETY WATCH PROGRAM copy of a public meeting notice meeting to be held on Thursday, n the County Bike Way Plan. The and members of the Commission Attached and referenced as pages 7-36 through 2-37 is a copy of,a letter that was submitted to the City and add essed to the Mayor and City Council by NSP introducing their new program entitled "Safety Watch". zz7 SUMMARY OF ADVANCE REFUNDING BONDS Enclosedon pages y3f through 2 3 is a letter and list of bonds that were reviewed for, pohential advanced refunding. A letter from the City's fiscal consultantt and a list. of the bonds are enclosed on pages -ZA/6— through 2944- for your review. Director of Finance Van Overbeke did reference this item at the Special City Council meeting on April 29, INFORMATIONAL NEWSLETTERS Enclosed without page number are information newsletters from the Municipal Legislative Commission and Ehlers and Associates. /S/ Thomas L. Hedges City Administrator r ' • 0 MAY CITY COUNCIL SCHEDULE Tuesday, May 6 (6:30) Thursday, May 8 (7:0,0) Wednesday, May 21 (6:30) Wednesday, May 28 (6:30) Regular City Council Meeting Cable Hearing Regular City Council Meeting Board of Review/Review CIP JUNE CITY COUNCIL SCHEDULE ® Tuesday, June 3 (6:;30) Tuesday, June 10 (TBA) Saturday, June 14 ('9:00 a.m.) Tuesday, June 17 (6:30) Wednesday, Thursday & Friday June 18 - 20 U 2Z Regular City Council Meeting Lyle Sumek Bus Tour/Volunteer Recognition Regular City Council Meeting League of Minnesota Cities Conference EOR MONTH OF January 1986 v WORK PERFORMED TYPE MAN HOURS Fire/Rescue 640 Training 437 Truck & Equipment Maintenance 140 Station Maintenance 389 Fire Prevention 18 Administrative 232 TOTAL 1,856 $ LOSS Structure MANPOWER STATION #1 STATION #2 STATION #3 0 Vehicle 6 i Chiefs 1 1 1 Available Days 8 5 6 Available Nights 12 15 9 Available Rotating 2 0 2 On Leave 2 1 0 Rookies 0 0 0 TEAL 25 22 18 TYPE NUMBER $ LOSS Structure 7 $70,000 Grass 0 0 Vehicle 6 3,500 False 4 0 Medical 7 0 Other 2 0 26 .$73,500, TOTAL DATE NAME IACATION OCCUPANCY $ LOSS 1-20-86 1921 Turquoise Tr. Car $ 2,500 1-7-86 3459 wash. Dr. Car 1,000 z3a �SyO a laj5-361 wah Ell 1 3830 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN. MINNESOTA .55121 PHONE: (612) 4548100 April 14, 1986 LESTER SPENCER 3786 NICOLS ROAD • EAGAN, MN 55122 Re: Outside Storage at Brad Ragan Tire Center and Field Maintenance (3815 Nicols Road) Conditional Use File: 19 -CU -5-4-81 Dear Mr. Spencer: BEA BLOMQUIST Maroc THOMAS EGAN JAMES A SMITH VC ELLISON THEODORE WACHTER Council Members THOMAS HEDGES CIN Administrator EUGENE VAN OVERBEKE ON Clerk I am writing in response to my meeting with you and Mr.Sheldon Ramnarine on Wednesday, April 2, 1986 regarding the outside storage practices of the Brad Ragan Tire Center and Field Maintenance Inc. located at 3815 Nicols Road (Section 19, Lot 20, Block 25). The purpose of this letter is to review the topics discussed during the meeting and to what degree the City of Eagan is able to address your concerns. At our April 2nd meeting, you and Mr. Ramnarine suggested several methods for improving the outside storage arrangements at Brad Ragan and Field Maintenance, and included: 1. The City of Eagan require a setback of at least 20 feet from the slope on the north side of the property for outside storage; 2. That landscaping (i.e. berming) and additional vegetation be required along the entire north perimeter of the property; 3. That noise levels emitted by the two businesses be substantially reduced during and after normal business hours. Further, that a board fence of at least 10 feet in height be installed along the north side of the site to assist with noise abatement. -7V THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY L SPENCER APRIL 14, 1986 PAGE 2 The following are observations regarding your suggestions based on my knowledge of the site, review of the Eagan Zoning Code and conversations with the City's legal staff. 1. Setback from the north side slope., Brad Ragan Tire Center and Field Maintenance are located on a site that is near your place of residence. The interesting feature in the relationship between the two properties is that your residence is 30 to 40 feet lower than the Brad Ragan/Field Maintenance property (an elevation change from 760 to 790 and 802 • feet) . Because of this dramatic change in elevation the requirement for an outside storage setback from the north side slope is an excellent idea and one the Eagan Planning Department will assertively pursue with officials of Brad Ragan Tire Center and Field Maintenance. It is anticipated that a setback from the north slope will achieve the following: a. reduce the negative visual impact of outside storage; b. reduce the need for berming and other landscaping techniques to minimize the negative visual impact of material stored outside; C. reduce the potential of property damage,, should material stored outside be displaced during a violent storm. 2. Landscaping and berming Your suggestion for landscaping and placement of additional vegetation along the north side of the property was for the purpose of minimizing the visual impact of material stored outside. As stated above, however, this objective will be achieved by requiring a setback along the north boundary of the property and as a consequence there is little need for landscaping, particularly in view of the fact that the area is heavily wooded. 3. Noise The problem of noise emitted by business (commercial and industrial) establishments is a concern the City of Eagan is very sensitive to especially when single family neighborhoods are negatively impacted. One of the purposes for land use zoning and 13v L SPENCER APRIL 14, 1986 PAGE 3 comprehensive planning is to encourage compatible land development. For example, the placement of single family neighborhoods in proximity to each other i's considered a compatible land use whereas land uses which have diverse needs and result in conflicting activities, such as industrial sites near residential neighborhoods, are considered incompatible land uses. Unfortunately, you live in a part of Eagan that is experiencing an incompatibility in land uses. Your residential neighborhood is surrounded by land zoned light industrial (LI) and high density residential (apartment) development. These two zoning designations permit a wide variety of activities generally associated with apartment dwellings and industrial businesses, for example, noise levels that would not otherwise be considered acceptable in a single family neighborhood. Since the zoning is' appropriate for Brad Ragan Tire Center and Field Maintenance, the issue to be addressed is whether noise emitted by a business can be regulated via a conditional use permit for outside storage. Section 11.20 subdivision 16 part C of the Eagan Zoning Code (page 312) states in part that the conditional use process regarding "Industrial" districts may regulate a variety of activities, none of which, however, address the issue of business related noise. While Section 4.30 subdivision 5 (page 72) alludes to the issue of noise precipitated by excavation and construction activities this is not comparable to the issue at hand and there is little question the two businesses do not violate the Noise Pollution Control Section of the Minnesota State Regulations published by the Minnesota Pollution Control Agency. As a result of reviewing the aforementioned documents, it is my opinion and that of City legal staff that business related noise cannot be regulated by a conditional use permit for outside storage given that said business is in compliance with all zoning ordinances. The Eagan_ City Council tentatively plans to discuss the outside storage practices of Brad Ragan Tire Center and Field Maintenance at its regularly scheduled Tuesday, May 6, 1986 meeting. You are certainly encouraged to attend this meeting and share your concerns with the City Council. In preparation for the May 6th meeting, City staff will prepare a report regarding this issue. z3 3 L SPENCER APRIL 14, 1986 PAGE 4 Please contact me by Wednesday, April 23.rd, if you would like additional issues or suggestions addressed in the staff report. Further, I trust you will contact me if this correspondence misrepresents your position in any way or you would like to communicate additional suggestions. Sincerel , eASt v ' en Sac h wanke Planning Department SS/hb cc: Thomas L. Hedges Dale Runkle David Keller z3� • E Meeting, Notice Public Meeting on County Bikeway Plan The Dakota County Board is soliciting comments from County residents and local officials concerning the future funding of bikeways by the County. A public informational meeting will be held on Thursday, May 15, 1986, at 7:00 P.M. in the Eagan Library Meeting Room, 1340 Wescott Road. The purpose of the meeting is to receive comments on the draft County Bikeway Plan. The Plan identifies the proposed bikeway projects for funding by Dakota County. The bikeway projects which are scheduled for construction in 1987 with road projects include the following: Pilot Knob Road from I -35E to Cliff Road; Cliff Road from Johnny Cake Ridge Road to Pilot Knob Road; Cedar Avenue from Whitney Drive to Dodd Boulevard; and County Road 42 from Redwood Drive to County Road 11. Other bikeway projects proposed for construction by 1990 include Babcock Trail from County Road 14 to County Road 18; County Road 18 from Babcock Trail to Cahill Avenue; County Road 42 from Diamond Path to Trunk Hwy. 3; and County Road 38 from Johnny Cake Ridge Road to Pilot Knob Road. Since 1980, 20 miles of bikeways on the County System have been constructed. Dakota County has provided over $400,000 in County funds from 1980 through 1986. The County currently provides 100% funding for construction of bikeways on the approved County Bikeway System, while cities have agreed to provide the • routine maintenance on the trails. In reviewing the draft Bikeway Plan, the County Board will be considering whether or not to .continue the County's commitment for funding bikeway construction. The County is concerned about the amount and type of 'use and future cost of bikeways. Persons interested in providing comments 'should attend the May 15, 1985 meeting. Written comments may be presented at the meeting to sent to: Dakota County Board of Commissioners, Government Center, 1560 West Hwy. 55, Hastings, MN 55033. Copies of the County Bikeway Plan may be obtained by calling Dakota County Planning Services, 437-0225. z35 April 18, 1986 City of Eagan 3830 Pilot Knob Rd St. Paul, Mn. 55122 Dear Mayor & City Council Northern States Power Company Red Rock Division 3000 Maxwell Avenue Newport, Minnesota 55055 Telephone (612)459-5580 This letter is to inform you of NSP"s new program "SAFETY WATCH." We're moving quickly to implement the Safety Watch Program before the end of the school year. Because Safety Watch is a community program, dependent upon our relations with each community's schools and police department, we will 'try to keep you informed about our program. What is the official name of NSP's new community safety program? Safety Watch. NSP has borrowed this trademarked name with permission from KPL Gas Service, Kansas City. Other participating utilities have called their programs Crime Watch (New Jersey Power and Light, Ohio Edison). Eyes • and Ears (Detroit Edison) and Radio Watch (Delmarva). NSP choose Safety Watch because it suggests watching out for others' safety. What is the purpose of the program? Safety Watch has two purposes: One, it identifies NSP - identified vehicles as a "safe haven" for young children and senior citizens (or anyone, really) in distress. Our employees will be trained to help by using their two-way radios to relay the problem to NSP dispatchers, who, in turn will contact local police or fire officials. Second, our employees will be extra "eyes and ears" for their local authorities, reporting any unusual events. Many NSP employees do this already. So why the formal program? 7-36, April 18, 1986 Page 2 By formalizing, and naming, a community service many NSP employees already perform, the public will become aware that NSP employees can assist in an emergency. When will NSP implement the program? By May 15 NSP will complete the new signage on marked vehicles, inform children in grades K-3 and their teachers and principals, inform all employees and the news media, and train crews and dispatchers. Phase Two will begin immediately thereafter, when NSP will direct publicity at senior citizens and build on customer awareness with a June bill insert. ® Thanks for your'enthusiasm and support for what we believe to be a most worthwhile community service program. lJ Sincerely, / /4 Lou Howard Red Rock Division General Manager 737 MiRer & Schroeder Inc. Tull Free Minnesota (800) 862-6002 Toll Free Other States (800) 328-6122 Northwestern Financial Center • 7900 Xerxes Avenue South • P.O. Box 789 • Minneapolis, Minnesota 55431 (612) 831-1500 April 11, 1986 Mr. Gene Van Overbeke, Finance Director City of Eagan City Hall 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Gene: Enclosed is a summary of all the bonds issued by Eagan in recent years concerning their potential for advance refunding. Listed below are five basic problems with refunding now, even though interest rates are low: 1. The rate on investments used to pay off the old bonds cannot exceed the rate on the new bonds. Hence, "front money" is required which must be recaptured by adjusting principal on the new bond issue. It takes a longer period of time to recapture this front money than it would when general interest rates are somewhat higher. 2. The front money required can earn an unlimited yield, but problems occur because interest rates on government securities are down sharply compared to rates on tax -exempts. This further increases the normal front money needs and directly reduces savings. 3. The park bond program could be refunded, but it requires a great deal of front money that cannot be fully recaptured until 1990. Also, there probably are few excess funds available in the park fund. Money from other sources can be utilized, but we still would not recommend refunding at this time. We will take another look at the issue in August or September. 4. Up to January 1, 1986, the escrow account, which pays off the old or refunded debt, could also pay a large portion of issuance costs including discount. This no longer is true under H.R. 3838 and thus substantially reduces savings on each issue refunded. 5. Generally, a large percentage of the bonds must be callable compared to total issue size. Most of the Eagan programs are front loaded because of shorter assessment periods, resulting in few bonds being callable. How- ever, shorter assessment issues will result in lower interest costs. The market may yet allow you to refinance one or more issues in the future. Perhaps the final tax bill will not affect refunding adversely, in which case a portion of z39 HcaJquaners: Minneapolis, Mtnoe oa - Bran hOffi,e,:Solana Beach.Califomia • Sana Monica.Califomia • Nor,hhrook,lllinoi, • StTaul,MlnneWa • Tdlahaue. Florida • hlilwaukeq Wiscomin flrnJrr m she Furn,ry In. .... 1'nnnuw CLm�un... • 1] issuance costs could be recovered. Also, government rates must rise in relation to tax -exempts in order to reduce front money. Keep in mind that many of your issues will be called or prepaid on the actual date. At that point, the issues will be very short and, should sell at very favorable rates. We will keep you posted on any relevant news. Cordially; MILLER & SCHROEDER FINANCIAL, INC.. David L. Goblirsch Vice President DLG/dwh Enc F y3 c EAGAN, MINNESOTA Interest Amount Rates on Purpose of Original Amount of Date of Bonds Earliest of Bonds Callable Advance Refunding Bond Issue Issue Issue Callable Call Date Callable Bonds Potential G. O. Advance Refunding $1,820,000 03-01-78 1987/90 12-01-86 $ 240,000 4.75-4.90% None. Rates are too low. All Bonds which refunded at Par previous issues refunded must bonds issued in 1974, also first be paid in full 1975 and 1976 prior to another advanced refunding. G. O. Improvement Bonds 1,555,000 06-01-78 1989/93 09-01-88 375,000 5.30-5.50 None. Rates are too low. of 1978, Series A at Par Amount of callable bonds too. sm all. G. O. Improvement Bonds 1,915,000 11-01-78 1991/94 11-01-90 335,000 5.60-5.75 None. Not enough bonds call - of 1978, Series B at Par able. Rates are too low. 'Z,G. O. Improvement Bonds 6,385,000 06-01-79 1990/95 06-01-89 1,480,000 5.55-5.80 None. Callable bonds carry Q Series A at Par too low of a rate. G. O. Improvement Bonds` 1,825,000 12-01-79 1991/95 12-01-90 400,000 6.60-6.80 None. Rates are too low on of 1979, Series B and ) at Par callable bonds. Not enough G. O. Fire Station Bonds / 382,000 bonds callable. G. O. Improvement Bonds 3,060,000 07-01-80 1990/96 07-01-89 355,000 6.50-7.00 Original issue very heavily 1980 at Par front loaded with bond prin- cipal. Almost all of the issue is paid off by 1987. Rates too low. G. O: Improvement Bonds 3,650,000 12-01-80 1991/96 12-01-90 650,000 9.10-9.70 $2,500,000 of the original issue of 1980; Series B at Par is paid by 12-01-86. Not enough bonds are callable. 5% savings test is not met. This issue will probably be refunded directly on 12-01-90. r ,age 2 E Purpose of Original Amount of Date of Bonds Earliest Bond Issue Issue Issue Callable Call Date G. O. Improvement Bonds 4,530,000 08-01-81 of 1981 G. O. Improvement Bonds 2,875,000 12-01-81 of 1981, Series B Interest Amount Tates on of Bonds Callable Callable Bonds G. O. Improvement Bonds 2,400,000 12-01-82 1993/97 06-01-92 225,000 8.75-9.00 of 1982 and G. O. City Hall Bonds 965,000 12-01-82 1995/97 12-01-94 300,000 9.25-9.50 of 1982 tJ 1 Equipment Certificates 125,000 of 1983 G. O. Improvement Bonds 4,950,000 12-01-83 1994/99 07-01-93 925,000 8.75-9.25 of 1983 G. O. Water Revenue 5,500,000 06-01-83 2000/03 06-01-99 1,600,000 9.30-9.40 Bonds Advance Refunding Potential This issue was advance refunded in 1985 along with $2,875,000 Bonds of 1981, Series B This issue was refunded in 1985 with'the $4,530,000 1981 Bonds Very small percent callable. Issue was heavily front loaded. May be refunded directly 06/92. Too few bonds callable. Neither issue meets minimum savings test of 3% interest cost. May be refunded directly 12-01-94 No call option. Issue too small and too short to carry a call option. Rates are high, but refunding does not meet savings test. Very small percent of the issue is callable. Call date very late and too few bonds are callable as percent of total issue. Refunding will not meet minimum savings test. Page 3 Interest Amount Rates on Purpose of Original Amount of Date of Bonds Earliest of Bonds Callable Bond Issue Issue Issue Callable Call Date Callable Bonds G. O. Improvement Bonds 7,280,000 10-01-84 1997/02 04-01-96 1,050,000 9.60-10.00 of 1984 at Par G. O. Park Bonds of 1984 4,410,000 G. O. Refunding Improve- 3,250,000 ment Bonds of 1985, Series A and G. O. Refunding Improve- 2,290,000 ment Bonds of 1985, Series B G. O. Improvement Bonds 9,500,000 r 10-01-84 1996/2000 10-01/95 2,300,000 9.50-10.00 at Par 02-01-85 These bonds refunded the 1981 Improvement Bonds; Series A is callable on 02-01-90 at par and Series B is callable on 02-01.91 at par. Interest rates on the 02-01-85 callable bonds are 7.50-8.80% 11-01-85 1996/01 11-01-95 Advance Refunding Potential Not enough bonds callable in relation to size of issue. Most principalis due in early years and are not callable. Will probably be refunded in 1996 as a.straight refunding. Meets savings test and is a potential advance refunding. These bonds would be refundable but state law prohibits any advance refunding until the original 1981 issues are paid off. Both of these programs should be prepaid or resold on their regular call date. 1,225,000 7.80.8.40 Very small percentage of bonds Are callable. Issue is paid off in early years. Will not meet savings test. �f Y ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA MAY 6, 1986 CITY ATTORNEY CITY ADMINISTRATOR Item 1. Remodeling of Parks and Protective Inspections. Work Stations Item 2., Auxiliary,Copy Machine DIRECTOR OF PUBLIC WORKS Item 1. Project 466, Pilot Knob Road (I -35E to Apple Valley), Review Proposals for Engineering Services Item 2. Project 419, Slaters Acres - Review Commissioners Condem- nation Award Item 3. Project 467, Wescott Road - Authorize Condemnation Acqui- sition Item 4. Project '455, Deerwood Drive - Approve City Appraiser's Acquisition Cost Estimates Item 5. Approve Final Plat, Safari 3rd Addition MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 5, 1986 SUBJECT: ADMINSTRATIVE AGENDA CITY ATTORNEY There are no items under City Attorney at this time. CITY ADMINISTRATOR Item 1. Remodeling of Parks and Protective Inspections Work Stations --During 1985 some remodeling occurred in the Finance and Administration Departments to provide better efficiency and traffic flow for existing employees and also create additional space for work stations for those new employees. During the past few months, the need to rearrange space in Parks and Recreation and Protective Inspections has also become necessary. A study was conducted to determine a better office arrangement which requires both of the demountable offices for the Chief Building Inspector and 'Director of Parks and Recreation to be ,slightly relocated which will require some expense for the demountable panels, electrical and relocation of telephones. Also with new employees there is need for the acquisition of landscape screens similar to those recently acquired and placed in Planning, Administration and Finance. The total cost estimate for the remodeling is $8,175. There is approximately $3000 within the Parks and. Recreation and Protection Inspections budgets under Capital Outlay that could be designated for these improvements. The balance which, is unappropriated is $4,275. The City Admini- strator is proposing that the 'remodeling occur and is requesting that '$4,275 be appropriated as a budget adjustment between Parks and Recreation and Protective Inspections. The City Administrator will explain more about the remodeling and the necessity for it upon questions at the meeting on Tuesday. with the knowledge that local government aid will be available and that building permits, breaking all projections, the general fund should have the balance to cover these expenses. ACTION TO BE CONSIDERED ON THIS ITEM: . To approve or deny the appropriation of $4,275 to provide remodeling for the Parks and Recreation and Protective Inspections Departments. Item 2. Auxiliary Copy Machine --Due to volume and usage, the City's IBM copier has been experiencing an increased down-time due to maintenance problems. With the increased' activity and growing volume of workload throughout administrative offices, the need for a back-up copy machine is a necessity. The City Administrator appointed a subcommittee made-up of Deputy Clerk and Purchasing Agent Liz Witt and three secretaries to investigate the availability of different copy machines to be used as back-up equipment at City Hall. It was not the intention of the City Administrator to duplicate a $25,000 to $35,000 piece of equipment similar to the IBM but to purchase a smaller piece of equipment that could be used when the IBM is either experiencing maintenance problems or when volume copy work is being performed, such as the City Council or Commission packets and other reports such as the budget and those types of documents. The Committee is suggesting either a Mita or a Monroe copier at a cost of $4,795 or $5,175 respectively. These machines provide some additional versatility that is not available with the City's IBM copier. The City Administrator is planning to review the findings of the Committee report at the staff meeting on Tuesday, May 6 and also ask if there are funds available within various departmental capital budgets to fund this piece of equipment. This item, like the remodeling for Parks and Recreation and Protective Inspections, was not budgeted for 1986.. The equipment is necessary and will provide a much greater efficiency throughout all departments. The City Administrator will discuss, in further detail., the need for the additional copier and also any funds that are available throughout City departments for the equipment. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the purchase of an additional copy machine for use at the Administration building. j Tom-/ PUBLIC WORKS DIRECTOR Item 1. Project 466, Pilot Knob Road (I -3'5E to Apple Valley), Review Proposals for Engineering Services --As a part of the County five-year .CIP, Pilot Knob Road is proposed to be upgraded from I -35E to Apple Valley in 1987. Also, because of the major inter- section reconstruction with Cliff Road, Cliff Road is also proposed to be upgrade in 1987 from Pilot Knob Road to Johnny Cake Ridge Road. Dakota County has contracted with the consulting engineering firm of Bennett, Ringrose, Wolsfeld (BRW) to perform the design work associated with Pilot Knob Road. The design work for Cliff Road is being performed by in-house personnel by Dakota County. Much of the preliminary engineering work has now been completed. In order for this project to become a reality in 1987, it will be necessary for the City to proceed with the related public hearings so that cost participation agreements and detailed plans can be approved this fall. Previously, the Council has already authorized the preparation of the feasibility report for this project. Due to the County's consulting engineer being involved in the detailed design work that has been performed to date, combined with past projects where the City has hired the County's consultant to prepare the feasibility report,, the Public Works director has requested BRW to submit a costs proposal for the preparation of the feasibility report for the Pilot Knob Road improvement. En- closed on pagesat! J.7$6 is their proposal indicating a maximum cost to the City of $5,250.00 for this report. The Public Works Director also requested that a proposal be submitted by the City's consultant engineering firm, Bonestroo, Rosene, Anderlik & Associates (BRA). A copy of their proposal is included on pages ,ems/ through 7_S7_— showing a maximum cost of $6,000.00 for this report. ACTION TO BE CONSIDERED ON THIS ITEM: To review the proposals for consulting engineering services for the feasibility report for Project .466 (Pilot Knob Road) and award the project to the most appropriate firm_ Item 2. Project 419, Slaters Acres - Review Commissioners Condem- nation Award --Project 419 provided for the installation of streets and utilities to service Slaters Acres, incorporating James Court. As a part of this project, sanitary sewer and storm sewer had to be constructed across Lot 6 which is presently undeveloped adjacent to .the pond to be controlled by the storm sewer. Because the City was unsuccessful in negotiating the acquisition of the easement, the Council authorized adverse condemnation. The City's appraiser estimated the amount of damages at $2,255.00, with the property owner' -s appraiser indicating $14,212.00. Through the condemnation process, three commissioners appointed by the County reviewed all information presented by both sides and established the amount of damages as $7,250.00. This information is being presented to the City Council for their review and consideration of accepting the commissioners' award and authorizing payment or rejecting; that amount and autho- rizing an appeal to district court, which would be initiated around May 15. Based cost estimates to date regarding the costs associated with easement -aquisition, if this award is approved, the construction costs of this project (does not include overhead) will have exceeded the feasibility report estimate by approximately $8.,000.00 (4%). The public works director and to discuss in further detail the regarding this item. city attorney will be available options available to the Council ACTION TO BE CONSIDERED ON THIS ITEM: Approve/reject the commis- sioners' condemnation award for Project 419, Slaters Acres and, if rejected, authorize the initiation of an appeal to district court. Item 3. Project 467, Wescott Road - Authorize Condemnation Acquisition—On March 19, the Council closed the public hearing and authorized the upgrading of Wescott Road from Lexington Avenue to one-half mile east. During the appropriation of the detailed design plans, the road alignment has been shifted as far south as possible to minimize the impact and/or acquisition of easements from the Bratland, Tilley & Dahl properties along the north side. However, although the City was able to avoid disturbance of the existing fence and tree buffer, minor encroach- ment will still be required for sloping easements. In addition, slope easements will be required across the backyard areas of the newly constructed single-family development along the south side. Due to the fact that it is anticipated that several of these acquisitions will have to be acquired through condemnation, the city attorney is requesting Council authorization to initiate condemnation action and hire an appraiser to evaluate resulting damages. ACTION TO BE CONSIDERED ON THIS ITEM': Authorize the acquisition of easements under Project 4'67, Wescott Road through adverse condemnation and the hiring of the city appraiser. Item 4. Project 455, Deerwood Drive - Approve City Appraiser's Acquisition Cost Estimates --At the January 21, 1986 public hearing, the Council ordered the improvement of Deerwood Drive and authorized the acquisition of required easements through condemnation if necessary. The City has since hired .an appraiser to evaluate the damages associated with both permanent and temporary easements required for this public improvement. Enclosed on pages .76-3 through aCL'5 is a copy of the preliminary city appraiser's report indicating the values placed on each of the properties. The city attorney is requesting Council action approving these amounts on authorizing aquisition through negotiation or payment of these amounts into district court to proceed with the condem- nation acquisition process. a�J ACTION TO BE CONSIDERED ON THIS ITEM: Approve the negotiated acquisition of easements for Project 455 (Deerwood Drive) at the city appraiser's determined amount or payment to district court of said amount for the adverse condemnation process. Item 5.. Approve Final Plat, Safari 3rd Addition --We have received the final plat application for the Safari 3rd addition located north of Safari Pass and east of I -315E,. Enclosed on page ca -6 is a copy of the proposed final plat which conforms with the preliminary plat approval granted by Council action on Mar 22 1984. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Safari 3rd Addition and authorize the Mayor and City Clerk to execute all related documents. PLANNING TRANSPORTATION LJLJ TRANSPORTATION ENGINEERING ARCHITECTURE BENNETT. RINGROSE. WOLSFELD. JARVIS. GARDNER. INC. • THRESHER SQUARE • 700 THIRD STREET SOUTH • MINNEAPOLIS, MN 55415 • PHONE 61213700700 May 1, 1986 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Pilot Knob Road Improvements 1-35E to Cliff Road PR07 Y&I. Dear Mayor and Members of the Council: BRW is currently providing final design engineering to Dakota County for the reconstruction of Pilot Knob Road (CSAH 31) from 1-35 to Cliff Road. The design services being provided to the County include the following: A. Complete layout of all existing right of way and platting adjacent to the county road. B. Layout of all "as -built" utilities affected by the county road. C. Design of new centerline grades. D. Design of new storm sewer. E. Relocation and adjustment of existing sanitary sewer and watermain appurtenances. F. Construction limits for the roadway grading. G. Easement and right-of-way acquisition documents necessary for roadway and utility improvements. H. Special provisions and cost estimates for all roadway improvements. Layout and design work for the roadway Is being completed using BRWTs existing McDonnell Douglas in-house CADD system. The system allows for maximum flexibi- lity and performance during production of the necessary documents for right-of- way acquisition, easement acquisition and construction drawings. As part of the county project, meetings have been held with Mr. Tom Colbert, City Engineer, to review the status of the project on an interim basis. Mr. Colbert stated that funding of City apportioned costs will be by special assessment, and will require a public hearing and feasibility report. D4VIO J. SENNETT DONALD W. RINGROSE RICHARD P WOLSFELD PETER E. JARVIS LAWRENCE J. GARDNER CRAIG A. AMUNDSEN DONALD E. HUNT MARK G. SWENSON JOHN B. McNAMARA MINNEAPOLIS DENVER BRECKENRIDGE d9q THOMAS F. CARROLL DONALD L. CRAIG PHOENIX Honorable Mayor May 1, 1986 Page 2 and City Council BRW would propose to prepare the feasibility report for the City of Eagan. BRWIs knowledge and involvement in all aspects of municipal improvements and the current project Is Ideally suited to provide the City of Eagan with a cost effective and compehensive feasibility report. Information to be Included In this feasibility report would be the following: '1. Project description F2. Outline of proposed improvements 0 3. Summary of project costs r 4. Method of financing o 5. Listing of benefitted properties c 6. Estimated assessments including proposed assessment role 7. Summary of right-of-way and easement acquisition c 8. Summary of City/County cost participation C, 9. Project schedule 10. Summary and recommendations In addition, we will prepare all graphic material necessary for presentation of the report to the Council and public. We will be available to describe in detail any aspect of the report necessary for a thorough understanding of all Interested parties. A major portion of the background information necessary for completion of this feasibility report has been collected. Preliminary design work has been completed and plans for County review were recently submitted. Timely produc- tion of this feasibility report can occur based on this existing activity. Preparation of the feasibility report is proposed to be based on a time and material basis with 'a not to exceed maximum price. Our fee would be based upon a multiplier of 2.8 x labor cost.' We estimate that our maximum fee to prepare this report would not exceed $5,250.00. Attachments to this letter summarize current in -formation regarding design of utility systems completed to date. If we can further explain this proposal or provide additional Information about BRW, Inc.,,�please let )is know. S1nc6ly,/ours, BENN Ty yGRO,fy-WQL$FE,-JARV I S-GARDNER, INC. J:\.Gard LJG/da a5D Bonestroo, Rosene, Anderlik & Associates, Inc. Or,. G. Bares... P.E. Glenn R. Cook, P.E. Ruben W. Rwene, P.E K ah A Gordan. Y.E. O JweYh C. Anderlik. Y.E. Th nn. E Noyes. Y.E. Bradlard A. L a,&,. P.E. Richard W. Fosur, P.E. Rirhurd E. Turno, P.E. Roben G. Sch.nxhl. P.E. 2335 W. Trunk Highway 36 Engineers & Architects lumen C. ORon. P.E. Marvin L: Sorrala, P.E. St. Paul, MN 55113 Donald C. Bargard,. P.E. .. Jerry A. Bourdon, A.E. 612.636.4600 Mark A. Hassan, P.E. Ted K. A,1d, P.E. Michael T. Ra.mans. P.E. April 30, 1986RECEIVED i^IV S\! J R.brn R. PJe/lrrle. P.E. D."d 0. Lwko,u. P.E. Thum. W. Pererron. P.E. Michael C. Lynch, P.E. City of Eagan Karr. L. H'illu. P.E. Jams R. Xf land. P.E. 3830 Pilot Knob Road Kennelh P. Andersen, P.E. Eagan, MN 55122 A'elrh A. Bachmann, P.E. hfark R. RalJs, P.E. - Rabe,, C. Rassek, ALA. Attn: Mr. Tom Colbert Thanw E. Angus, P.E. Sano L. Young, P.E. Charles A. Erirkean Re: Preliminary Report for Lm Al. P.0 inky Harlan M. Olson Pilot Knob Road Improvements Pot aF f�(�6 Susan M. EbrMn Eagan, Minnesota File No. 49380 Dear Sir: In accordance with your request, we propose to prepare a preliminary report covering the City of Eagan involvement with the improvement to Pilot Knob Road between I -35E and Cliff Road. The scope of this report will be similar to the preliminary reports which we customarily prepare for you on City of Eagan im- provement projects and would cover the following items: 6 A. Brief discussion of proposed improvements including: a. Utilities: 1. Sanitary Sewer 2. Water Main 3. Services 4. Storm Sewer b. Street Improvements T B. Easements i C. Area to be Included 3 6"D. Cost Estimates utilizing information from the County to determine City and County cost sharing totals. s,u E. Assessments including the preparation of a preliminary assessment roll. u F. A revenue schedule with the impact on the various Trunk Funds. 9 G. Proposed schedule of construction based on information received from Dakota County. We propose to prepare this preliminary report at our current hourly rate schedule. We have estimated that this cost should be between $5,000 to $6,000. The cost will not exceed $6,000 unless you desire additional informa- tion beyond the scope of report outlined above. 47694 Page 1. 30 Year ;�5'/ Anniversary City of Eagan Eagan, MN 55122 Re: File No. 49380 April 30, 1986 Our staff is prepared to proceed on this preliminary report as soon as author- ized. Completion of the report will be coordinated with the information re- ceived from Dakota County and in accordance with your wishes relative to the holding of the necessary public hearings. Please advise us of your wishes relative to this project. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. Robert W. Rosene RWR:li 4769d Page 2. �25v DABLEN & DVVM. INC. 1260 NORWEST CENTER TOWER • ST. PAUL, MINNESOTA 55101 • (612) 224-1381 DWIGHT W. DAHLEN, M.A.I., S.R.P.A. DANIEL E. DWYER BEVERLY H. DWYER MARK M. HANNAHAN Mr. Paul H. Hauge Hauge, Eide, and Keller, P.A. Watervi.ew Office Tower #303 1200 Yankee Doodle Road Eagan, Minnesota 55121 Dear Mr. Hauge: MICHAEL J. BETTENDORF, M.A.I. SCOTT C. PETERSEN MICHAEL P. McCLELLAN MARC E. KNOCHE April 29, 1986 Re: Easements PRA= Ys 5' Deerwood Drive Eagan, Minnesota In accordance with your request, I have made an inspection and an appraisal of 9 parcels located along Deerwood Drive between Pilot Knob Road and Interstate 35W. The purpose of these appraisals were to determine the value of temporary easements and permanent easements to be taken by the. City of Eagan for roadway and utility purposes. I have also determined damages, if any, due to the taking; along with values for trees that are to be removed as a result of the construction. I am forwarding to you in letter form my values for the easements, trees, and damages. The Formal appraisal reports are in the process of being prepared and will be delivered to your office within the next two weeks. Therefore, after an analysis of all factors, it is my opinion that the following values are applicable: Parcel # 10-02100-010-75 Permanent Easement (roadway) Temporary Easement Permanent Easement (utility) Total Parcel # 10-02100-010-77 Permanent Easement (roadway) Temporary Easement Total J-3 Dennis McCarthy et al $1,800.0.0 $3,400.00 $ 200.00 $5,400.00 Elmer 0. Heuer $ 400.00 $ 850.00 $1,250.00 Parcel # 10-02100-010-78 Permanent Easement (roadway) Temporary Easement Permanent Easement (utility) Total Parcel # 10-02100-010-08 Temporary Easement Trees Total Parcel # 10-02100-010-07 Permanent Easement (roadway) Temporary Easement Trees Total Parcel # 10-02100-020-03 Permanent Easement (roadway) Temporary Easement Trees Total Parcel # 10-02100-010-05 Permanent Easement (roadway) Temporary Easement Permanent Easement (utility) Trees Total Parcel # 10-02100-030-03 Permanent Easement (roadway) Temporary Easement Trees Garage Damages to remainder Total C2:511V Anna Heuer $ 100.00 $ 550.00 $ 250.00 $ qJ00.00 Henry Franz $ 250.00 $ 800.00 $1,050.00 Todd H. Franz $ 900.00 $ 850.00 $1,500.00 $3,250.00 Blackhawk Park Inc. $1,000.00 $1,700.00 $1,500.00 $4,200.00 Blackhawk Park Assoc. $1,300.00 $2,500.00 $ 400.00 $ 750.00 $4,950.00 George Dougherty $ 800.00 $1,350.00 $1,500.00 $ 500.00 $1,500.00 $5,650.00 Parcel # 10-02100-010-04 Floyd Bryant Permanent Easement (roadway) $1,650.00 Temporary Easement $1,800.00 Permanent Easement (utility) $ 450.00 Trees $1,800.00 Total $5,700.00 It should be thoroughly understood that this letter constitutes only a statement of the final value estimates, and that said value has been based upon a completed written appraisal. The written appraisal, although in rough form, has been prepared and retained in my files and is in the process of being formalized. I hereby certify that I have no present or contemplated future interest in the real estate that is the subject of this report and that I have no personal interest or bias with respect to the subject matter of the report or the parties involved and that the amount of the fee is not contingent upon reporting a predetermined value or upon the amount of the value estimates. I certify that, to the best of my knowledge and belief the statements of fact contained in the written appraisal, upon which the analysis, opinions and conclusions are based, are true and correct subject to the special and limiting conditions contained therein and that no one other than the undersigned prepared the analyses, conclusions and opinions concerning real estate that are to be set forth in the formal appraisal reports. Should you have any questions regarding this matter, please do not hesitate to call. DED/bjs Yours very truly, DAHLEN & DWYE I Daniel E. Dwyer a55 - x. . as THE SAFARI THIRD` ADDITION r IQIN LPC M xVE OF, 3V Ih !!3, i 2"R'23 b' •+ ^ _ �• m 752 00 1 519. 50'22•E - 1'faloage ulE utility eeeemente are shown o a thus gL_ ^raoal ." ,rJ30LLM1 nnm ,T� 493 PP e,m _ E•i r- S", ,,%• / \\ t'\ LF). SIIM1lMC �. morel SlEn � J,B I J.E I' P• / 1 -a • �� �� • rt _•• OqyBeing 5 feet In Il kith, unless otherwise f• indicated, and adjoining lot lines, and 11 feet In mldth and adjoining street to Jv0 .o 3 \}' 112", 2ij 264.x1 2,..26 4 f•:' i1'nee, prams. tnerwta. SnG<ated'oe. S O 2 T -I b.i \ POND Y 'P the plat. -I f �A p c^I 5�si I:;C \ Y•M1~ Md,—. FIIE-oPTur— - a 7 FAS W •n.y.•.• ( o fi 941 '`•� ` ae'e2 to ° / e J8 °j^y, war01 ELE'C2RN M of IED • W' r0 `y e • , x; area. 329! rt o "++ _ ... - I_Xo �f"l li 13�s+��\a. •P F e.� $ pe Lxcvo-I32n �•.� _ x P See // e. o� .p .. �$$. •�.' ri - - _ L � • C pK, v ;• •�, /a Z, k ♦� vi a"4 \ peds�yoE �. f 4 sPP.Er . p\ N+i 8 b' �3jd21 f � D .e y42 K Q;rx e]6�`� �� .w . ��� +• �' - �� tmr Ne b.\ - / 4,Pd J .� \ �`6 Vr „w ;; E's OS;•M • `.1 / s= h u O P lPE 1Li1 j161� .1 3r, STP3a 3r 9%22 X71 5 'L . d: or 'QOM Dr i ilde jP ���--3 ym �? 15: tern- Ss eir`SE s\ .,6 e• 4 1 16 1 = 4�ea ts� J / - /, � 9I \Id dWd.Y `81 'g 1i i � J ;�O •� i °� HH i GT' � � 6�K�6• Y.. Yy 1- 6 )0 �j 'p F - Pass O 53� 5df'; E1 Sze d _J !O 1\4_ '�°'r°'9D'�'dlf el \ to- m X 2 C DI .1 r•f• s+ ° e ; '�A4 i� S }. c ,J�••:.:%�•A;t':. � v.°°!;°af1 ���e H �'• ?' .. t PK 3 :ait 0-f b .°�iA. WIL ao8"tea) P, `i ocPi r" 41 � I ti�' NORTH 1.01— - �s2 1 \ems S - _ - roar 200 ]Po yF i PO \ 3LaL[ IN FEET y? \ 6LPLL: I incF I00 feel ``F•• The rnou[h•l ins or Ln` North..s.. Nett n.teh° m—rd, peens 13 ae.ue.d to n°.�. . 6he mt of line o 99 de Norte 50 • • 33 • ands G• Den I/: neh ho 14 i.eh l n pf pe kh Pla°[,a up wa M1ed "RLS L b625", units .,he esier •now. [ w / 1 Q/ 3FNCN NAM Top hydrant in nutnu [ quadrant Safari pre. and Lfen Trail. EI- 975 46 6e[ lN.ew'D^ - 19291 Is �y DETAIL Nor I/• XE V4 Sw UI ][.Ih k 1 ID lN.ew'D^ - 19291 Is �y DETAIL !Cd"� I INCA • W FEET Y • 1 ID LOT p•4 �9• . y`t P LOT \ \Sf•\ are 5\J 6 1PUI raw EaSENEW D@. No W S2 F O• ... - DELMAR H. SCHWANZ ex l LAND SURVEYORS INC. ?'I AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL MAY 6, 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 TL Z IV. 6:55 - CONSENT AGENDA P, 9 A. Contractor Licenses B. Personnel Items �y C. Correction of March 25, 1986, Special City Council Minutes �pp /3 D. Proclamation for Flag Day, June 14 d.l� E. Eagan 4th of July Association Funding Appropriation ll1{�,i5 F. Consideration of City Surplus Property 1(o G. Approve Final Plat, R. L. Johnson 2nd Addition /7 H. Approve Cost Participation Agreements. with Dakota County 111 (Projects 427, 461, & 463) 'x•18 I. Approve State Aid Resolution for Stage Construction (Wescott Road) . 7-0 J. Vacate Utility Easements, Receive Petition/Order Public Hearing / (Eagandale Lemay Lake Addition) P.1-0 K. Approve Final Plat, Oak Cliff 4th Addition P.az L. Change Order #2, Contract 85-5, Cedar Industrial Park (Trunk Storm Sewer) p,23 M. Vacate Highway Slope Easement, Receive Petition/Order Public / Hearing (Clearview Addition) -p. ?3 N. Project 427 & 461, Approve Traffic Signal Agreement (Yankee "� Doodle Road) FZy 0. Approve Final Plat, Town Centre 70, 3rd Addition P.74, P. Contract 86-6, Approve Excavation Agreement with Independent School District #196 (Deerwood Drive) 7.7 Q. Approve Final Plat, Greensboro Addition R. Approve Final Plat, Stuart's Addition 3Y S. Authorization to Sell Used Police Car •33 T. Approve Final Plat, Eagan Convenience Center Addition y.0 U. Approve Final Plat, Advent Methodist Church Addition 3Q V. Approve Final Plat, Lemay Lake Hills Addition P Vt9W. Project 460, Nicola Road, Approve Resolution Requesting State I Aid Designation V. 7:00 - PUBLIC HEARINGS A. Public Hearing for the Vacation of Drainage, Utility and Ponding Easements (Lexington Place South Addition) P•�:7 B. Public Hearing for the Vacation of Utility and Drainage Easements (Lone Oak Addition) C. Public Hearing for the Vacation of a Portion of a Utility Easement (Brittany 7th Addition) Continued from April 15, 1986, City Council meeting 1 PUBLIC BEARINGS (continued) 749 D. Public Hearing for the Vacation of Common Lot Line Drainage and / Utility Easements (Wescott Hills 4th Addition) p.$L E. Public Hearing for Project 448R, Pond LP -55 - Storm Sewer Outlet (Ches Mar 4th Addition) p-73 F. Public Hearing for Project 472 (Clearview Addition - Streets) VI., // OLD BUSINESS A. Approve Site Plan and Grading Permit EX09-056, Sperry Marketing Facility p Q/o B. Consider Distribution of Draft Sperry Tax Increment Financing / Plan and Set Date for Public Hearing PQ7 C. Consideration of Request to Amend Off -Sale Liquor License Policy .y7� D. Extension for Eagan 40 Planned Development and a Preliminary / Plat of Deerfield Addition Containing 324 Apartment Units on Approximately 40 Acres Located at County Road 30 and Thomas Lake Road, NW 1/4 of Section 28 119 E. Comprehensive Plan Amendment (Northwestern Mutual Life) to RB (Roadside Business) and Preliminary Plat of Lemay Lake 2nd Addition for Residence Inn Consisting of a 120 Unit Hotel on 4.36 Acres Located Within Lemay Lake 2nd Addition Planned Development, South of Lone Oak Road and West of I -35E, N 1/2 of Section 10 F. Comprehensive Plan Amendment (Fairway Hills - Derrick Land Company) from R -II (Mixed Residential) to R-1 (Single -Family Residential) and Preliminary Plat Containing 137 Single -Family Lots on Approximately 60 Acres Located in SE Quadrant of Cliff Road and Pilot Knob Road, NW 1/4 of Section 34 VII. NEW BUSINESS P.iseo A. Consideration of 1986 City Code Revisions x,701 B. Mr. & Mrs. Thomas Wirkus, Request for a Building Permit to Construct a Pole Barn at 1533 Lone Oak Road P.zlr C. Variance to Setback Requirements, Mark Johnson Construction, Lot 1, Block 3, Windtree 3rd Addition, Located at Windtree Drive and Elrene Road, SW 1/4 of Section 13 VIII. ADDITIONAL ITEMS A. Contract 86-6, Receive Bids/Award Contract (Deerwood Drive) T-117 B. Contract 86-10, Receive Bids/Order Final Assessment Hearing (Eagandale Center Industrial Park) pP2151 C. Contract 86-4, Receive Bids/Award Contract (Brittany 9th) zzi D. Contract 86-12, Approve Plans/Authorize Advertisement for Bids (Pumphouse 118) 21L E. Contract 86-1, Receive Bids/Award Contract.(Park Construction) p 12�( F. Contract 86-9, Receive Bids/Award Contract (Park Shelters) �'y24G. Contract 86-15, Approve Plans/Authorize Advertisement for Bids (Hampton Heights - Trunk Water Main) I%. VISITORS TO�BE HEARD (for those persons not on the agenda) X. ADJOURNMENT W MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS i FROM: CITY ADMINISTRATOR HEDGES DATE,: May 1, 1986 SUBJECT: AGENDA INFORMATION After approval is given to the May 6, 1986, agenda and regular City Council meeting minutes for the April 15 meeting, the follow- ing items are in order for consideration: � •e On future agendas various departments will not be listed under Department Head Business. A general agenda item entitled, "Depart- ment Head Business," will appear and those departments that have specific items of business before the City Council will be outlined and addressed in the official agenda information packet. This change is merely intended to streamline the agenda and agenda information and does not change an ongoing tradition of department heads appearing and presenting business before the City Council during the first one-half hour of the meeting. A. PUBLIC WORKS DEPARTMENT There are two (2) items to be considered under the Public Works Department. 1. Highview Avenue - Pet'tion for Street Improvements --Enclosed on pages Z-, through is a copy of a letter and related petition that was submitted to the Public Works Director,requesting that the remaining 600 feet of Highview Avenue adjacent to Pilot Knob Road, be upgraded to City standards with concrete curb and gutter and bituminous surfacing. Enclosed on page �� is a map showing the relationship of the petitioners to the requested improvement. There are 76 individuals representing 48 properties identified on this petition. Mr. Martin has indicated that several of these property owners will be in attendance at the May 6 meeting, to express their concerns regarding the present condition of this remaining unpaved section of Highview Avenue and their request to have it brought to City standards. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to upgrade Highview Avenue and to approve/deny the preparation of a feasibility report and formal public hearing. r CE 1':i':. April 8, 1986 Tom Colbert Eagan Public Works Director 3830 Pilot Knob Road Eagan, MN 55122 Dear Tom, I'm writing to call your attention to the deplorable condition of Highview Ave. in northern Eagan from Pilot Knob to approx- imately 600 feet west of Pilot Knob. As you may be aware, this section of Highview Ave. was left untouched in 1980 when the rest of the street was upgraded by installing curb, gutter, storm sewer and blacktop. In the spring this road becomes a quagmire of mud and potholes; summer brings almost unbearable dust as well as complaints to the Public Works Department requesting that something be done to settle the dust. These conditions contribute to extra- ordinarily high maintenance costs which are borne by all resi- dents of the city. This letter will serve as notice that a petition to upgrade ® this road is being circulated and will be brought to the Council for their thoughtful consideration and action within the next few weeks. Please feel free to contact me if you have any questions. Sincerely, Ed Martin 1474 Highview Ave. Eagan, MN 55121 Phone: 454-4193 7 z 4 vy�/ TO THE EAGAN CITY COUNCIL: REC`IVED 1-4,AY We the undersigned, respectfully request that the Eagan City Council undertake a feasibility study to consider upgrading that portion of Highview Ave. from Pilot Knob Road to approximately 600 feet west, from gravel to a bituminous surface. NAME ADDRESS 42- Ffd /y7) �jr�irirw '� X473 C j GUS �J(�i Je4c-) !�73-��61v/PK7' �f57�45 TO THE EAGAN CITY COUNCIL: RECEIVED 11m, 15813' We the undersigned, respectfully request that the Eagan City Council undertake a feasibility study to consider upgrading that portion of Highview Ave. from Pilot Knob Road to approximately 600 feet west, from gravel to a bituminous surface.: NAME ADDRESS 7L Ile Q_ 0,74 Z. TO THE EAGAN CITY COUNCIL: RECEIVE[) f r^" 19ub• We the undersigned, respectfully request that the Eagan City Council undertake a feasibility study to consider upgrading that portion of Highview Ave. from Pilot Knob Road to approximately 600 feet west, from gravel to a bituminous surface. NAME ADDRESS n 1 `f / ` �/'�n K�z ii � � '`r5'j - 1 `�`i '� � �S•50 � i.`uG�IC ) ,:,l�i�i. - 7 376 �, 1, Low n ,:fir" '� ;G�•= TO THE EAGAN CITY COUNCIL: We the undersigned, respectfully request that the Eagan City Council undertake a feasibility study to consider upgrading that portion of Highview Ave. from Pilot Knob Road to approximately 600 feet west, from gravel to a bituminous surface. NAME ADDRESS -7'?C5 s Z //sa -73yo ��L.,�L�_.�.,, 4�rf 7oZl l�7( Q�� c✓ru„> eros-c^� — it IT ,o go so Es (MSEC. 4a T27, R 23 HIGHVIEW AVENUE PETITIONERS 7 lr G7 -/VI E VV .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ I I . . . . . . . . . . . . . :a`':::: I . . . 222 . . . . . . . . . . . . I . . . . . 113T ... ............... . ..... ...... ....... . .. ........ ........ ........ ..... ................ ..... 7 lr G7 -/VI E VV GN OF E.goD \n 020-75 2 PARK Of E.g.n 7 .......... Ma v A . ....... .. .. ... ROAD EA.T DOC .0 533809 1 . ....... . ........ . .. . ..... .................... .......... . ..... ... . ............................. ............................. .... ...... A .... Z.*"..'.,.,.,.,,,,, ................. ......... .... ... ...... ......... . HIGHVIEW 1< A CD ................................. . p ....... ................................. ....................... clly f Fagan......... .................... .......... o 4-00 r. ......... .................... .......... ..... .......... GN OF E.goD \n 020-75 2 PARK Of E.g.n 7 Agenda Information Memo May 6, 1986, City Council Meeting Page Two 2. Project 467, Wescott Road - Limits,:;of Improvement --At the March 19 public hearing, several comments were made regarding limiting the extent of the Wescott Road improvement to only that portion from Lexington Avenue to 1/2 mile to the east (power - line crossing). Based on complaints regarding the anticipated increased traffic volume on the remaining unpaved portion, the Council requests the staff to investigate the feasibility of extending this roadway improvement to its connection with the paved portion near South Hills. Due to the fact that significant grading and utility installations would be required prior to permanent standard street construction, it is premature to continue this proposed improvement based on the undeveloped property along this remaining segment. Any interim road improvement would be lost at such time that required utilities would be extended along this -segment. The estimated cost to place a temporary 2"' bituminous overlay is approximately $20,000. This would provide a life expectancy of approximately 10-12 years. A reduced option would involve the placement of a double seal coat at an estimated cost of $8,500. This would have a life expectancy of approximately 4-5 years. If either of these improvements were proposed to be constructed, it is recommended that some of the costs be recovered through an assessment against adjacent property that is developed, due to the benefits received from dust control. Therefore, staff would like to receive some direction from Council as to whether ® any type of temporary surface improvement should be proposed for the easterly extension of the proposed Wescott Road improve- ment. ACTION TO BE CONSIDERED ON THIS ITEM: To determine the type of improvement and proposed funding for temporary street surfacing of Wescott Road from the high -line crossing to South Hills Addition. Agenda Information Memo May 6, 1986, City Council Meeting Page Three There are twenty-three (.23) 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 de -tail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. CONTRACTOR LICENSES A. Contractor Licenses --Attached on page /Z5 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. CONTRACTORS LICENSES May 6, 1986 General Contractors Licenses 1. Alran Construction Co. 'Inc. 2. Anderson -Soderman 3. Bach Building Corp. 4. Design -A -Home, Inc. 5. Hiner Development, Inc. 6. McMullen/Moselle & Assoc., Inc. 7. L. M. Peterson Co. 8. SES Contracting Co. 9. David Schweich Const. 10. Ed Steele Construction 11. James Steele Construction 12. VanLaechen Construction ® 13. Vogelpohl Construction 14. Bryan Voight Construction, Inc. 15. Winchell's Construction Homeowner 1. David J. Mroziwski Heating & Ventilating 1. Boehm Heating Co. 2. Metro Brothers Hts & A/C 1. Burkhardt Plumbing ® 2. Lakeville Plbg. & Htg. 3. LeVahn Bros. 4. Marque Plbg. 5. McDonald's Plbg. 6. North Star Plbg. & Htg. 16 Agenda Information Memo May 6, 1986, City Council Meeting Page Four PERSONNEL ITEMS B. PERSONNEL ITEMS': There are three (3) items to be considered under Personnel: Item 1, Consulting 'Building Inspectors --Due to the record pace of building permit applications, the Protective Inspections Department is recommending that two (2) additional consultants be retained to perform building inspection in the City of Eagan. The two persons recommended as consulting inspectors are Mr. Paul Heimkes who resides in Eagan and Mr. Mark Anderson, a resident of south Minneapolis. Mr. Heimkes is a draftsman and has a certified Class I Building Inspector license and holds an Associate Degree in building inspection,. Mr_Anderson also has an Associate Degree in building inspection and is a consultant truth in housing inspector with the City of Minneapolis. The City budgeted $92,400 for professional services which is the budgetary account for consulting building inspectors. It is the full intention of the Chief Building Inspector to keep the consulting expenses within the amount budgeted in 1986 including dollars allocated for a full-time, clerk -typist that was authorized recently. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Mr. Mark Anderson and Mr. Heimkes as consulting building inspectors. Item 2, Part -Time Police Dispatcher --Thirty-six applications were received for this position vacancy. Of this number, eighteen applicants were given vocal, written and typing tests and eight were then interviewed by the Office Manager, a police sergeant and a dispatcher. Two finalists were selected who were then intereviewed by Captain Geagan. It is their recommendation that Theresa Rainwater be hired to fill the part-time dispatcher vacancy effective May 7, 1986. Ms. Rainwater has successfully completed her physical examination requirement - ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Theresa Rainwater as a part-time police dispatcher, effective May 7, 1986. Item 3, Clerk -Typist, Protective Inspections/Parks--Nine appli- cations were received for this position vacancy. Of this number, four applicants were given written and typing tests and were interviewed by Chief Building Official Peterson, Inspections/ Parks Secretary Severson and Administrative Assistant Duffy. It is, their recommendation that Shelley Ketcham be hired to fill the clerk -typist vacancy effective April 21, 1986. Ms. Ketcham has successfully completed her physical examination requirement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Shelley Ketcham as a full-time, clerk -typist for the Protective Inspections/Parks Departments, effective April 21, 1986.. Agenda Information Memo May 6, 1986, City Council Meeting Page Five CORRECTION OF SPECIAL CITY COUNCIL MINUTES C. Correction of March 25, 1986, Special City Council Minutes --A special City Council meeting was held on March 25, 1986. The minutes of that meeting were approved at the April 15, 1986, meeting., Upon further review of those special meeting minutes, it was ,noted that the date was inadvertantly referenced as March 21 instead of March 25 and should therefore, be corrected. It was also discovered that action pertaining to .the grading permit for the Lexington Square 3rd Addition was not recorded; therefore„ the special meeting minutes for the March 25, 1986, meeting should be corrected to properlyreflect the correct date of the meeting and secondly, include the following paragraph: GRADING PERMIT/LEXINGTON 3RD ADDITION • "City Administrator Hedges reported that a grading permit for the Lexington Square 3rd Addition is in order for consideration. He stated that Meritor Development Corporation has submitted all documents to the Engineering Division and would like to start their grading that same week. After a brief review of the grading permit request, and in a motion by City Councilmember Wachter, seconded by City Councilmember Egan, with all members voting in favor, the grading permit for the Lexington Square 3rd Addition, as requested by Meritor Development Corporation, was given appro- val." ACTION TO BE CONSIDERED ON THIS ITEM: To amend the March 25, 1986, special City Council minutes by providing the aforementioned correc- tions. n U �y Agenda Information Memo May 6, 1986, City Council Meeting Page Six PROCLAMATION/FLAG DAY D. Proclamation for Flag Day, June 14 --The City has received a letter from the National Flag Day Foundation asking that the City proclaim June 14 as National Flag Day. There is a special request- contained within the proclamation that all citizens within our community and state pause at 7:00 p.m., EDT, on this date for the seventh annual Pause for the Pledge and recite with all Americans the Pledge of Allegiance to our flag a d nation. For a copy of the proclamation refer to page. There are other festivities that the City could involve it elf in such as, an official Flag Day committee to conduct certain • ceremonial activities. Information is available if the City Council would like to pursue an additional activities beyond the official proclamation. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the• National Flag Day proclamation for June 14,, 1986. 13 41agDay Information National Flag Day Committee 418 South Broadway Baltimore, Maryland 21231 301 -563 -FLAG SAMPLE PROCLAMATION • P R O C L A M A T I O N NATIONAL FLAG DAY June 14, 1986 Pause For The Pledge of Allegiance FLAG DAY USA + lune 14, 7 p.m. (EDT) WHEREAS, by Act of the Congress of the United States dated June 14, 1777, the first official flag of the United States was adopted; and WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year was designated "National Flag Day;" and WHEREAS, the Congress has requested the President to issue annually a proclamation designating the week in which June 14 occurs as National Flag • Week; and WHEREAS, on December 8, 1982 the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE of Allegiance as part of National Flag Day ceremonies; and WHEREAS, the President of the United States at the national ceremony held in Baltimore, Maryland on June 14, 1985, led the Pledge of Allegiance; and WHEREAS, the Congress and the President of the United States officially declared by Resolution that 1986 is the Year of the Flag; and WHEREAS, Flag Day celebrates our nation's symbol of unity and stands for our country's devotion to freedom to the rule of all and the equal rights of all: NOW, THEREFORE, I (Your Name and Title), do hereby proclaim June 14, 1986 as Flag Day in (Your State) and urge all citizens of (Your State) to pause at 7:00 p.m. EDT on this date for the Seventh annual PAUSE FOR THE PLEDGE and recite with all Americans the Pledge of Allegiance to our Flag and Nation. A Program of the National Flag Day Foundation, Inc., Baltimore, Maryland. Agenda Information Memo May 6, 198'6, City Council Meeting Page Seven EAGAN FOURTH OF JULY/APPROPRIATION E. Eagan Fourth of July Association Funding Appropriation --The City of Eagan has budgeted an annual appropriation to the Fourth of July Association in the amount of $1,000 to help sponsor the various weekend celebration events. As a part of the 1986 annual budget, a $1,000 appropriation was appropriated for the Fourth of July event. The City is unable to obtain insurance for a fireworks celebration. Due to that potential liability, a letter of transmittal should be sent by the City Administrator with the funding appropriation that the Fourth of July Association must have adequate insurance if a fireworks display is to be continued as a part of the weekend festivities. If there is no objection when this item is reviewed as a part of the Consent Agenda, that • letter of transmittal will be sent to the Fourth of July Associa- tion. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a $1,000 appro- priation to the Eagan Fourth of July Association as authorized in the 1986 budget. CITY SURPLUS PROPERTY F. Consideration of City Surplus Property --There are several pieces of equipment throughout various City departments that are obsolete and have no value to the City, " The Director of Finance has asked that all department" heads provide a list of this equipment and that the equipment be declared as surplus property and sold as a part of the Police auction this spring. For a list of the equipment, the City Administrator will provide ® additional information as a part of the Administrative Agenda or at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To declare certain equipment as surplus property and authorize the sale thereof at the Police auction. Agenda Information Memo May 6, 1986, City Council Meeting Page Eight APPROVE FINAL PLAT, R.L. JOHNSON 2ND ADDITION G. Approve Final Plat, R.L. Johnson 2nd Addition --We have received an application for final plat approval for the R.L. Johnson 2nd Addition located between T.H. 13 and Comsery Drive. As the Council recalls, a building permit was prematurely issued in August of 1985, with the understanding that the developer would immediate- ly proceed with the final plat application process. However, due to the developer's reluctance, on April 1 the City Council authorized the issuance of a stop work order until all final plat application processes had been satisfactorily completed. All final plat application materials have now been submitted, • reviewed by staff and found to be in order for approval by Council action. Enclosed on pageis a copy of the proposed final plat which conforms with the reliminary plat approved by Council action on July 2, 1985. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the R.L. Johnson 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. • 0 0 R. L. JOHNSON 2ND ADDITION — e7 11iwr[ ITL LOCIT*m Ilx� / I / IU ICA I r.u�Y_ 11—rn P' .L.....v.•..-L /-. Loo • t�1n�_�1.1..r n. Iwl Y Yom, u llu .. 11 rr Yr, n—YY. .Yn.r u 1 rlrl. 8r / 'aC? n° wo m w F /yL[ I[LL � / OrTla! /tYr nWMr/1i /i�On //` 189 "`• / dwr.. Iq_1.cx un[x .. / Pwa —ked °, Lunt N° Bnf .v . j� IlY 1TrM.nal..ly r.le o% ou/lol A. pS.1t/ned peor.rg p% Nat'I>'LO-E Cal""' ^ 91 IN .]Q /ml lllilEn.e"rnl No 91364 I`LL\ y / r;; rrlll rrr r_u..,. 1_n rl:r�.r.1 Yr .. •• I..d Sol �.^ I.I.:r �. _ Ir .I.1. —,••,• r• ,Y .. 1. Deli ITII{n tgYl, I.T1. Y .1. ir1.. 1111 n i r� ^y I nr—IT Yrr,[ Y YI YI M wu n .Y [ [ 1.'Y. IY[ n L 'Y•v Ynll—[ fiy.'law[n4. 1 .—w [�.nr. _ IIIA t=•Ia Vi• y [�Irr1_ Ir1n1 r _r 11iwr[ 1u11 O nYYu r.u�Y_ 11—rn / / .L.....v.•..-L /-. Loo • t�1n�_�1.1..r n. Iwl Y Yom, u llu .. 11 rr Yr, n—YY. .Yn.r u 1 rlrl. / 'aC? n° wo m w F /yL[ I[LL Ir . u... / OrTla! /tYr nWMr/1i /i�On uu rlu rr r_ rr.n. r p �Yl rr / dwr.. Iq_1.cx un[x .. / Pwa —ked °, Lunt N° Bnf .v . j� IlY 1TrM.nal..ly r.le o% ou/lol A. pS.1t/ned peor.rg p% Nat'I>'LO-E r;; rrlll rrr r_u..,. 1_n rl:r�.r.1 Yr .. •• I..d Sol �.^ I.I.:r �. _ Ir .I.1. —,••,• r• ,Y .. 1. Deli ITII{n tgYl, I.T1. Y .1. ir1.. 1111 n i r� ^y I nr—IT Yrr,[ Y YI YI M wu n .Y [ [ 1.'Y. IY[ n L 'Y•v Ynll—[ fiy.'law[n4. 1 .—w [�.nr. _ IIIA t=•Ia Vi• y [�Irr1_ Ir1n1 r _r r Y1.r_Y YY1 ...r 1•.-11....L•r 1..._.o . u—. a—, — 1.11.1.1— —r. CHO E.gS �^J Ld MADSONINC E r c 1 o EXHIBIT °A" Page 1 of 2 11iwr[ 1u11 O nYYu r.u�Y_ 11—rn rp • t�1n�_�1.1..r n. Iwl 1 n 1Y� Yr rI Yom, u llu .. 11 rr Yr, n—YY. .Yn.r u 1 rlrl. Ir . u... ....[ [ tYlln IIL ur n n—uu. 101. uu rlu rr r_ rr.n. r p �Yl rr 11 _' 11 r Y1.r_Y YY1 ...r 1•.-11....L•r 1..._.o . u—. a—, — 1.11.1.1— —r. CHO E.gS �^J Ld MADSONINC E r c 1 o EXHIBIT °A" Page 1 of 2 Agenda Information Memo May 6, 1986, City Council Meeting Page Nine PROJECT 427, 461 AND 463 APPROVE COST PARTICIPATION AGREEMENTS H. Approve Cost Participation Agreements with Dakota County Projects 427, 461, and 463, (Yankee Doodle Road and Cliff Road Upgrading) --During 1986, Dakota County plans to upgrade Yankee Doodle Road from T.H. 13 to Federal Drive (Project 427), Yankee Doodle Road from I -35E to Lexington Avenue (Project 461) and Cliff Road from T.H. 3 to C.R. 71 in Inver Grove Heights (Project 463). As a part of all county road improvements within the City of Eagan, a cost participation agreement is necessary to define ® the various financial responsibilities associated with design, construction and contract management. These agreements have been reviewed by the City Attorney and Public Works Director and found to be in order for favorable Council action. Information pertaining to the schedule of the various projects is provided under the Additional Information Memo attached to this packet. ACTION TO BE CONSIDERED ON THIS ITEM: Approve the Cost Partici- pation Agreements with Dakota County for Projects 427, 461 and 463 (Yankee Doodle Road and Cliff Road -Street Upgrading) and authorize the Mayor and City Clerk to execute all related documents. 86-13, APPROVE STATE AID RESOLUTION I. Approve State Aid Resolution for Stage Construction (Wescott Road) --With 'the proposed development of the adjacent land for ® the Greensboro Addition and Lexington Square 4th Additions, the Public Works Director is strongly recommending that the final bituminous wear surface be deleted from this proposed contract and constructed under a separate contract late in the 1987 construc- tion season. This delay is. beneficial by allowing the majority of the adjacent development construction activity to occur before placing the final wearing surface. Also, any patching or repair- ing that may be necessitated through potential trench settlements during the first freeze/thaw cycle can be repaired prior to the placement of the final wearing surface. This will result in a better looking and longer lasting finished product. Due to the fact that this. is a municipal state aid street construction and state aid policies do not provide for financing stage construc- tion, a formal resolution is required whereby the City will commit itself to constructing the final wear course under a City contract in 1987. Enclosed on page -t is a copy of the resolution as prepared and recommended by he is of Public Works for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: Approve the resolution for Contract 86-13, requesting state aid authorization for stage construction Of Wescott Road and authorize the Mayor and City Clerk to execute all related documents. /0117 RESOLUTION CITY OF EAGAN MSAS 195-106-04, WESCOTT ROAD STAGE CONSTRUCTION - WEARING SURFACE CITY CONTRACT 86-13 WHEREAS, the City Council of Eagan, Minnesota, Dakota County has designated Wescott Road a Municipal State Aid street (0106); and WHEREAS, on March 19, 1986, a public hearing was held and the City Council authorized the upgrading of Wescott Road from Lexington Avenue to 1/2 mile to the east; and WHEREAS, this improvement is proposed to be constructed under City Contract 86-13 during 1986; and ® WHEREAS, the City will be requesting reimbursement from this Municipal State Aid allocation under MSAS Project 195-106-04; and WHEREAS, the adjacent property is scheduled for intensified development construction activity during 1986; and WHEREAS, it would be in the best interests of the City and the life of this referenced roadway to delay the final wearing surface until the majority of the development activity has occurred; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Minnesota that the final wearing surface originally proposed under Contract 86-13 (MSAS Project 195-106-04) be deleted for construction during 1986; and BE IT FURTHER RESOLVED that the City Council of Eagan, Minnesota ® hereby commits to construct the final bituminous wearing surface during 1987 under a subsequent City contract. Date: CITY COUNCIL MOTION BY: CITY OF EAGAN SECONDED BY: ATTEST: _City Clerk MEMBERS IN FAVOR: BY: MEMBERS OPPOSED: Mayor CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing is a true and correct copy of a RESOLUTION adopted by the City Council of the City of Eagan, Dakota County, Minnesota, on , 19_ E.J. VanOverbeke, City Clerk City of Eagan /9 Agenda Information Memo May 6, 1986, City Council Meeting Page Ten VACATE UTILITY EASEMENTS/EAGANDALE LEMAY LAKE ADDITION J. Vacate utility Easements, Receive Petition/Order Public Hearing (Eagandale Lemay Lake Addition) --Later on this agenda, the Council will be considering the preliminary plat approval for the Lemay Lake 2nd Addition as recommended for approval by the Planning Commission. If this preliminary plat is subse- quently approved, it would be in order for the Council to consider receiving a petition to vacate the street and utility easements that were dedicated with the Eagandale Lemay Lake lst Addition. This vacation is necessary to accommodate the change in road access associated with the proposed 2nd Addition. All application materials are in order for Council consideration of scheduling, the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: Receive the petition to vacate street and utility easements for Eagandale Lemay Lake Addition and schedule the public hearing to be held June 3, 1986. FINAL PLAT/OAK CLIFF 4TH ADDITION K. Approve Final Plat, Oak Cliff 4th Addition --We have received an application for final plat approval for the Oak Cliff 4th Addition located west of Slaters Road adjacent to the Burnsville corporate border. Enclosed on pagec>.7/ is a copy of the proposed final plat which conforms with the preliminary plat approved ® by Council action on March 22, 1984. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council consideration. ACTION TO- BE CONSIDERED ON THIS ITEM: To approve the final plat for the Oak Cliff 4th Addition and authorize the Mayor and City Clerk to execute all related documents. EXHIBIT "'A" OAK CLIFF 4TH ADDITION I q is L6 �_ sa SCALE IN FEET' •-UNLESSDENOTES 1/2 INCE tIf FOUND N ! ' MNLC6! OTHERWISE ]110WN SHOWN / O- DENOTE] 1/2 INCE 6T 15 INCH IRON MONUMENT / SET MARRED WITH REGISTRATION NO. 16065 UNLESS OTHERWISE SHOWN 1 THEWEST LINE OF THE NWI/q OF SECTION 31,TZTN, 8.231, HAS AN AS SUMEO 6E APING OF S 0.23'42•E 9 11 L-,: •.) r 1 II ' j a �:� 1` �r, lHCa^.,=AY WAY r r i 44L,�,-;-�� rte_ t I L.�3... 1 ) I m 1 14 aL q ] T '�E)��� ' �19 llpl jj%C"�^J �J r JAMES S-nEE7 —�a•„,ti. ''ter TAFFY ..u.,E ftp¢ L I )U AL1)f i Imo('. .L.: X12 I'i� I •) ..7 3 I c VICINITY MAP PE8006 IN"r-'ai 'r l"'i�'Swlr IIOIIIEERINO COMPANY, INC. SHEET I OF 1 SHEETS Agenda Information Memo May 6, 1986, City Council Meeting Page Eleven CHANGE ORDER #2/CEDAR INDUSTRIAL PARK - TRUNK STORM SEWER L. Change Order #2, Contract 85-5, Cedar Industrial Park - Trunk Storm Sewer --Contract 85-5 provided for the installation of the major trunk storm sewer outlet through the Cedar Industrial Park down to the Minnesota River Valley. Part of this construction involved crossing Shawnee Road and the existing utilities within that right-of-way. At the time of construction, it was discovered that the existing water main was lower than anticipated or ,shown on previous as -built plans, resulting in a conflict with the elevation of the proposed storm sewer crossing. Subsequently, this water main had to be relocated to accommodate this new construction. The estimated cost of this relocation will result in an additional '$13,861.90 to the contract. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 85-5 for the Cedar Industrial Park trunk storm sewer and authorize the Mayor and City Clerk to execute all related documents. VACATE EIGHWAY SLOPE EASEMENT/CLEARVIEW ADDITION' M. Vacate Highway Slope Easement, Receive Petition/Order Public Hearing (Clearview Addition and Cliff Road') --With the construction of Johnny Cake Ridge Road to the zoo and the related upgrading of Cliff Road to the west in 1977, Dakota County acquired a highway slope easement across a portion of the front yard area of Lot 10, Block 3, Clearview Addition. The property owner now wishes to have that slope easement vacated to allow the construction of a detached garage which would meet all other City setback and ordinance requirements. On November 19, 1985, the Council passed a resolution indicating they would not have any objections to the County releasing and transferring those rights conveyed under the slope easement to the City for formal vacation. Subsequently, the County Board by resolution, released all rights and transferred the slope easement to the City jurisdiction. We have now received a formal petition from the property owner requesting vacation of the slope easement. All application materials have been submitted, reviewed by staff and found to be in order for Council consideration of scheduling the formal public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate a highway slope easement for Lot 10, Block 3, Clearview Addition and schedule the public hearing to be held June 3, 1986. PROJECT 427 & 461/TRAFFIC SIGNAL AGREEMENT (YANKEE DOODLE ROAD) • N. Project 427 & 461, Appiove Traffic Signal Agreement with Dakota County (Yankee Doodle Road) --As a part of the upgrading of Yankee Doodle Road from Trunk Highway 13 to Federal Drive (Project 4.27) and from I -35E to Lexington Avenue (Project 461), Dakota County is proposing to install traffic signals with the intersec- tions of Blue Cross/Heritage Road, Federal Drive/Sperry entrance and Lexington Avenue. Dakota County has prepared a formal agree- ment delineating cost participation and future maintenance responsi- bilities which is being presented to the Council for their formal approval. All conditions of this traffic signal agreement are consistent with existing policies and similar past agreements and is being recommended for favorable action. ACTION TO BE CONSIDERED ON THIS ITEM: Approve traffic signal agreement for Project 427 and 461 with Dakota County for Yankee Doodle Road improvement and authorize the Mayor and City Clerk to execute all related documents. .�2_3 Agenda Information Memo May 6, 1986, City Council Meeting Page- Twelve APPROVE FINAL PLAT, TOWN CENTRE 70 3RD ADDITION o. Approve Final Plat for Town Centre 70 3rd Addition --We have received an application for final plat approval for the Town Centre 70 3rd Addition located south of Yankee Doodle Road and west of Denmark Avenue which will be the site of a future Burger King fast food restaurant. Enclosed on page .F5 is a copy of the final plat which conforms with the preliminary plat approval granted by Council on February 5, 1985. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ® ACTION TO BE CONSIDERED ON THIS ITEM: To approve final plat for the Town Centre 70 3rd Addition and authorize the Mayor and City Clerk to execute all related documents. a;� *EXHIBIT "A" TOWN CENTRE 70 THIRD ADDITION z r.w r.ar .r r.. L••ii r Ilr 1 IY+n.rp rl nlq W lr�s rr r•Y Y WI. rY rY1M Y Ylr x114. FYrr Irq -+r1 x1. r• W.. • wW uq ��4 b+Y. qw. LyL IIL\ r11YN W Yilln Yr•.r11 Y- YY y 1.1 r 'Y.I.Y .Y YleNly I.1 Ilr. Y YIy 11.\ 1 4 I. n1Y r...l•u.ly 1.4.rl 11x1 YYY LINr•ilx IYY.N. Y Y. Y• 1� ; i.'11.'•� �. 1.7111'7, 1 II1,�„ V �:�� 1D 7ANKLF DOOD1.0 ii4[Ili - Ar. L Y, bYY 111.111 MIb j.11lh w. Y'1�% wit.. uw/,/,. .,tf:J 1 >:rii;,'1•'l;C s W rn.q/ h N.[[ wVLurr 1Y4 1•YNI W rY..Fr 1 wrr. Yql \w lYrwlh rY'.> Y.ur I IN NII,.IY LYurIW nr.Yr N4YIr Y W LMNr1 Y.4Y LIu1 A \IY-IIr. WrNr 1. 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W Llh 6r•11 Y 1 '..! . r... .w1 nr..N laY1 V1:1:-- _.._.r..._� _ Lln PVi1L P LYIL[, •IrpglL r Y r..1.1 Ih. Yo r wrW. hY. nY .YI YL r •1•f•r.1 YIL �w'rr F Yi[:r1lT•r�.�.lilPlTl$TjlL�ilYF - - .•L•; ` 1 Yr..r vlllt Y.1 Y Yr. hr 4Y Nur U M1r W I.r rY11YL q W. L1L1 Y '•1 •'' p.• IOnL 11 nlr LPltlu Y.. w rll r1b �- Y/ Y ,\� {.,," e:,:1rr.::rT,,:roa'�.�4,11FipR:: j1i•. Y Y11.1W L.w - W 4I.r1u W.rY YI[ Yr Y� 11� •' 1��+ td.Tr lsll.:; 1 wr rrlllr Y.4 4LIr Ix11 x..r ..r IIIr 1. 4Y .111E Y W L.r\r uraYr 4 1.1YL 11_. 1r .'.I.r rr4 M YY Ylr 1YYW IL �''••+ YY N Y N� hN - - - NIm"I'll LAND lul Agenda Information Memo May 6, 1986, City Council Meeting Page Thirteen CONTRACT 86-6, APPROVE EXCAVATION AGREEMENT DI P. Contract 86-6, Approve Excavation Agreement with Independent School District #196 (Deerwood Drive) --In order to construct Deerwood Drive to Municipal State Aid standards, substantial cuts and fills along this roadway are required resulting in a shortage of approximately 50,000 C.Y. of fill material. Normal contract specifications would require the contractor to provide this material from some offsight location at a cost estimated between $2.50 and $3.00 per cubic yard. As a part of the Deerwood Elementary School development, approxi- mately 40,000 C.Y. of excess material will be generated. The City has negotiated an agreement with Independent School District #196 to have this excess material stockpiled adjacent to Deerwood Drive and purchased by the City for use in the construction of Deerwood Drive at a cost of $.75 per cubic yard. This results in a substantial savings to both the City and the school as compared to the cost each would have to spend to either acquire or dispose of this quantity of material. The Public Works Director and City Attorney have reviewed the agreement prepared by the school district and are recommending that the Council approve the execution of this agreement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the excavation agreement for Contract 86-6 (Deerwood Drive) with Independent ® School District #196 and authorize the Mayor and City Clerk to execute all related documents. SO Agenda Information Memo May 6, 1986, City Council Meeting Page Fourteen APPROVE FINAL PLAT., GREENSBORO ADDITION Q. Approve Final Plat, Greensboro Addition --We have received an application for final plat approval for the Greensboro Addition located north of Wescott Road nd south of Carriage Hills Golf Course.. Enclosed on page 2� is a copy of the final plat which conforms to the preliminary plat approved by Council action on February 18, 1986. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: Approve the final plat for the Greensboro Addition and au-thorize the Mayor and City • Clerk to execute all related documents. LJ aq GREENSBORO POND 3 1326.1 POND 2`] xvv LINE FIRST ADDITION 4POND 4 •t' N89°555''1\55"W �{'j O ZURvzr ONE .'i(' POND 5 t�. O y° xir SURVEY LINE r Y 1 o I _aIS°ar.e.E � xJ \\\ 5 SO W '6F VA OF /� as adp so w 18a °ar]IL3 °M m I,z x e.]Aowt//o 9. J•ro VW / / rJ OSs OJs• , ° / 1O r_. N o qJi l ]3D JL 9]OO L 9] _ JJb is 0 9 8' �0 R - Y Sf i PONDI p i 2 w aD _JI yg�. CXOSSIC ..>:a �e� r -- .ter PE oD`.'>\• \$ v��!.8>y� . : c 6 z. 6.- S. "- s>+o _, c.+a edEw'a�\ q b /j'S^,•,d \\\y/ -�. in $I . q.n a9!ee\ ..Y ^o;e'' / \G ;L / �, •`• I 4 mlll ,ap9'�8 aJ'��Lp ti.,,i ,'`• �� i✓ � -' IaDm __j L_ .I xo__� 5 �8.� R ,R.ogf E'Asaz9.•'a,e 6,rP .\.beet'/'I'i• / 1 �SUxvEr 181 T $iaSo+D 7 �v' n� 14 : le_Jto94 _� u_.xo_ laa ��. \�m• \ 33 13 °' J,ov; �J Bi , y ' / BYw „ fi-8 _- _81'x.-i.r+/o�4b o. Im 1 i8 2 v yam; °:'a• _�oO__J L J I �x••H\a W. ��^/ •��\\\I'2 �� COY fi��F �S E r!) fra� ---1 ¢' Srvea^al eeE-I RIO F£ W�, �]\s• p^n°.' - J \ W a FN 5 81 m IR I :I ai i' a /4'\\.° / `. \. 'a, .a./%I I.' n L\�I]o o_oJ W_ lo3 ei)I F� �� ,.]n'.�T a. "gym ��\]'6•/�'.+N �^ .I Iia N o —, ¢"J •J up 'C, r. •/' .P .+r_ /. �\ K`.v/•`C LVIAVEr4 81 INS im N Bi •RE�EN580R0^ °u 4 y \ '�•,D�f 9 / uW L_J]4DDJ 8 Ea.-3]od'i e°5zr \ 5- IJb�°I �'YS 9:.8 POND 1N�o ml lea rbo S\ y� c Bo'b o -I T 3� io 8 z m I 4 m11. 5 ln: F9 9C •8. _ I all"..Y1Y.A: ISO.m _ J ' r xm-^]i ae'E- 1. /�F . z z la z i :I . I I o -' .�" irk• fq sws _` I`"�ouL ]o .x.".2 IB N • a , : ♦ : �I o''�° 7 eb0�°�.. om- °• . \\ b. "1I / I z0] er _ _ _ _ I. SO J: � _ _ _ eoe xa- WE SCOTT ROAD a°"--------�81 8 om _ .;•`]••I 1325. B8 EAST 8 LeY. CORNER W sEl/. D1SWIM • CO L SOOT" LINE01 ]E"' Oi S' I" SFE. I. • TRP x>, ROE :3SLC. IRS ° x'. ROE 35 m I DELMAR H. SCHWANZ LAND SURVEYORS INC. EXHIBIT "A" 40 Agenda Information Memo May 6, 1986, City Council Meeting Page Fifteen APPROVE FINAL PLAT, STUART'S ADDITION R. Approve Final Plat, Stuart's Addition --We have received an application for final plat approval for the Stuart's Addition located south of Yankee Doodle Road and east of Lexington Avenue. This addition is a continuation of the Carriage Hills •condiminium complex originally developed in the Tomark Addition in that vicinity. Enclosed on page ,30-'31 is a copy of the proposed final plat which conforms to the conditions of the preliminary plat approved by Council action on February 18, 1986. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Stuart's Addition and authorize the Mayor and City Clerk to execute all related documents. M h° �IIrV.I allr�._ EXHIBIT "'All IlI is ` 1• I • I J/' ItiYI// 60LFVIEW PFIVE ./ lar r3, rl 1 L 1, I , � .. n r tl P L' 1' ••W' J -B L O IC K r., lo. ..............I..............: s...wlo:i1 is :iom unnw. V• i ....r... .1/ ... I .1 • .r�.., M. Y.I., nn cwuu er ucu, mwm. r•••• nn .T:.1. r 1. r.. m .n.. m u.a 4I........ . 1'1'. r.. . ::::,:,c::::: .. .. n ...... rl .1 .1 ...•. .@ !1 ,1 n"e.:.':::n ,.1..1...1 .,..a,. r,u, ...rr1..........J .......... .r I. I. I. . ..np ur,.u. •:Y a 1. 1.. I. .......... .. ......1 .................. LT—♦. SHEET. 1 OF 2 SHEETS STUARTS FIRST ADDITION un r •.I..a. u4•n. w vKrrry • slrr /u/11/ r� N w. 1 1—� .-� •u a nn n.un. ru. i Tr Y141Ylf.na..i tlllrlrf 1=YG .0 n. n nls. nuun� ..1... • M M rM N � 1411VI r 11LL1111V t. al 1Y. ••• 1 •11• :•••• • :.I ...n I. ..1 I �.. [ .l Y.l... .•.. y/-.i�•// �.—.—e4aru'•nnomaY em.�no ro.rou mYn �':...::�::i:r::i'.: u•r.no e.wrsv mtl• • .aom to •.rn rm uu. r.•..• •i • u.:q� IlI is ` 1• I • I J/' ItiYI// 60LFVIEW PFIVE ./ lar r3, rl 1 L 1, I , � .. n r tl P L' 1' ••W' J -B L O IC K r., lo. ..............I..............: s...wlo:i1 is :iom unnw. V• i ....r... .1/ ... I .1 • .r�.., M. Y.I., nn cwuu er ucu, mwm. r•••• nn .T:.1. r 1. r.. m .n.. m u.a 4I........ . 1'1'. r.. . ::::,:,c::::: .. .. n ...... rl .1 .1 ...•. .@ !1 ,1 n"e.:.':::n ,.1..1...1 .,..a,. r,u, ...rr1..........J .......... .r I. I. I. . ..np ur,.u. •:Y a 1. 1.. I. .......... .. ......1 .................. LT—♦. SHEET. 1 OF 2 SHEETS y EXHIBIT "A'► S TUI \R ■ S FIRST ADDITION Iq =Y MIS •.I ��_ SH4PET 2 OF 2 -SHEETS U] Is Agenda Information Memo May 6, 1986,.City Council Meeting Page.Sixteen SALE OF SQUAD CAR S. Authorization to Sell Used Squad Car --Mr. Larry Wacendorf of the Dakota County Parks Police has asked to purchase two (2) of the City's squads for his department.. Normally, surplus equipment is sold to the highest bidder, however, State Statute 471.85 allows governmental agencies to transfer equipment to another governmental agency without an auction or sealed bid. At the present time, Mr. Wacendorf is interested in purchasing one of, the two squad cars and the agreed selling price is $1800 which is slightly more than the City received for the last squad car sold. This is a very good price as this squad has 87,000 miles on it, received extensive rear -end damage last winter, and the transmission need some minor repair. ACTION TO BE CONSIDERED ON THIS ITEM: To declare the squad car surplus property and sell it to another governmental agency in the amount of $180.0. 3Y Agenda Information Memo May 6, 1986, City Council Meeting Page Seventeen APPROVE FINAL PLAT, EAGAN CONVENIENCE CENTER ADDITION T. Approve Final Plat, Eagan Convenience Center Addition --We have received an application for final plat approval for the Eagan Convenience Center, Addition, located south of Duckwood Drive and east of Krestwood Lane. Enclosed on page L� is a copy of the proposed final plat which conforms to the preliminary plat, approved by Council action on March 4, 1986. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Eagan. Convenience Center Addition and authorize the Mayor and City Clerk to execute all required documents. 33 EAGAN CONVENIENCE NORTH Or-rrSso 101 0 SCALE IN FEET If DENOTES IR INCH IRON MONUMENT FOUND UNLESS OTHERWISE SHOWN O DENOTES I4 INCH BY IS INCH IRON MONUMENT SET -MARKED WITH RECISI RATION NO. 136W UNLESS OTHERWISE SHOWN / THE SOUTH LINE OF THE SOUTH 112 OF THE H. W. 114 OF SERC. IS. 121. R.2]. HAS AN ASSUMED BEARING OF N 419•I6'I4-C �c•�:T:oa / FIPST 1 � 1S / 6 Ae poo • yl LOT 1 BLOCK I OpYv/ RTI OUTLOT A.' 9x AeA A.F. --------------- 3 I' Me9'lr u'A PILOT KNOB VGIGYTS r CENTER ANN ul . A wcanN TvuF v.•Iw.VI mrrynllm. • run.va. minrnur. ren N ur• rouruM sewn[ pq.re! W �m v. IVH[ ryn a rle rN 1411. • en.a•. .... IT A"Im N. Tur . W4 It. Ww mnh. Nrru. vanrW u elln.r 'INA NVITIW. IOOOt m.u. ).Nn I w—A n.'-ne ml� ulrt i.1 41ii ,i uq1 ftf— NAIIi .e 0111.x= �• .. e I:.mi`r� iii +an . .e. 1 .1.1H nn leuw Ads..i 1-1, J: ol�u A_ If ..-t- ..N.:.wle U.'. .'': �i N�ti. :.0 � A'..u'"u x..0 :: wn. �•u'.a sAe.0 1-1,.1-- mN u.I. oq nle uilA HIV i mI— wlWµm1.1 lq Y.1—IN' r wYm.Pln•.0 Ne aa1~eTOO'.InVUe --t@ U .—m ue .' NO.-I,ArA.1111I f,. .u.11�u Y. p111a lv pelNrrve.. mgernlm. A eL.ew A.rl . w uur Um pl_,A UA b tlYN p11u pq.. AN.— b N vMMI .nmM lnl..eA V. _N`f,pl NO.-- w• 1 A,, IT . I• b N lN I. a..v rwa. mrvn ...0. y..eq. p.m..iwi m W HFn— mlen[Im. . ..r A..u.an wm ^rNfAAnnml a u.. I N... �..Ir .a.°.�'u. OTIO., °` l,Ppei:� 1: x o -'.n uul .i mllu If PIAOO In 4..wN r .len Ib uu:anF If .n Iy.W m w pI." eU 1110. peualniy..m I. ylm.W Nn. W.n ul ✓o..au w. uav .n m Vuw. v Ewiib—T cnnpl lurlu Nnump I vW Y�.•Iv. • N.Yrinu Ott • lYpl mm v w � yr I HAAAr m 11 A. AtUf Mo. AVlrtn.rr � n. lllro. ry bue mwq• ey.e. M I A. 6pin 1e An I I.b enlh wl a Y. � N of �� Iw. Ly 'It' m.cl l alT eqn. NMI+I AT U. NunUq—I el WNh A!AVv.nN—.• I• WON.- INIIrM uYml m Y. � TO, erH_ rvynl At my..l m. Ln It lI--. Iln, w. ".I w 000 wpm.l,u.I. At, IT _ _—fir n I. I. 1 j ..I,; [ 11.• lr In Ile I... IT la U. l.N Aicw.1 e.Nu Nn a WN NMxIUv mr10 Nn PN TO W ae[I rmunr. ryla. mnh yn..w 7 It,61Uge11 ur ALA W u. 1 . VurN NY Nr.I �. 1•N. mnh I W� • mny. ynm. .. 1 Yny enlrl wl wl 1 eu INb u I..11lv.l Y. 0nh Ambr Iw Imq wl w1. � NI N 1�. IIAp. N .0 Yll .vuW Ut Al µT P noBf NISINIECAING COMOANYr.;NCr. 0 Agenda Information Memo May 6, 1986, City Council Meeting Page Eighteen APPROVE FINAL PLAT, ADVENT METHODIST CHURCH ADDITION U. Approve Final Plat, Advent Methodist Church Addition --We have received an application for final plat approval for the Advent Methodist Church Addition, located west of Lexington Avenue and south of Westbury 4th Addition. Enclosed on page 362 is a copy of the proposed final plat which conforms to ,the preliminary plat, approved by Council action on February ' 18, 1986. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Advent Methodist Church Addition and authorize the Mayor and City Clerk to execute all required documents. 3$ . M W HIM, Dimis Yf {I1pw IXN: ILL 11x0 ] nu n .1.1x ine Lmau 1,L lol ual, uRlx luau u[ In!¢m x, u414 rm n not+ xu Jxnu1.L I:II Rar 11. x] float p 0 w+Orl] In• ] Il IM loxua nl lu xl rxt un axe w rw xa va a ulwte ro ruva • xunlxa ^r xo•1i ai r. u uxnr ue xl0xrar.ro nlrnl. INO Yx ]] .b !f Ix! L+ILI u nlxxe raven ®E HIBIT „A„ . ADVENT UNITED METHODIST CHURCH ..................... 1I..•n�11 :i x.I L.JI.a 1.1„ra L., ..... �.1 1 sate or 11 u1n i:fnu nlnx rr m' ' u.....�1...1 r••, a ....�� h�h.0 vl u....1 yv1.11n., 1 In in:lnisr nlm nl.I� lii i•rr i:In �.I n'In Inlnou n1 . .u•u. ::i I•: .1 lie :. 1:r . x1.,....1. 1.11.... u.. L.n 1 •1 X11..... rl.. :, :1...... IL . rla 4.L.1. JI •r •. 1 tu. N.1 .1 a crt nvnn nrrnm ut n11un ... • ,nl u•I n, el 1 el Yn l•Y • • L, I,r I• �1_ I Irl F.:4TTff. u1�.4:1 �:i.a u:.: n1 1 .•1.. �:...,e .. u. mrt u� uunullu clnun r xnlxrna I ia,Ir 1.. � .1. I r, 411e. n• i Cu n,l, lu, r.l yli rn�lull ' . 1.141 r.lrl 1'1111111:IL IF LII Lr . 111110:\Ura I• II�.1 L 111 le„�i jl—,i I'.n [,,. Yu Ia,a - ...... - - CUC JAMES R. W • WIMTeURY 4TH ADDM016 m ele -- �O J eez .EXHIBIT „A" ADVENT UNITED METHODIST CHURCH u.Y6 ".. ^ W MTMURY /Sr iLnmmnm REVISM APRIL 10, 1990 i� — SITS PLAN RpR7q M" DATA YOT^L Sri%NRA . 2AD,200 sc.FF 4."S AG"S EI WC. AKEi1 . 7,500 SQ. Pi. .172 A(s!9 PARKNy 4 %. 44,000 ]q.P{ 1.026 Ar [ S , 41tLW Aw•A . 150,%00 69 -Pr. 3.465 APR S R cw r oftA. MY.(n[B) SHEET 2 'OF 2 SHEETS Agenda Information Memo May 6, 1986, City Council Meeting Page Nineteen APPROVE FINAL PLAT, LEMAY LAKE HILLS ADDITION V. Approve Final Plat, Lemay Lala Hills Addition --We have received an application for final plat approval for the Lemay Lake Hills Addition,, located east of Pilot Knob Road 'between Towerview and Lone Oak Roads. Enclosed on page is a copy of the proposed final plat which conforms to he preliminary plat, approved by Council action on September 17, 1985. All final plat application materials have been submitted, reviewed ;by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat ® for. the Lemay Lake Hills Addition and authorize the Mayor and City Clerk to execute all required documents. 39 i ^ q 1 • ,,J � r -_-� % �__�, `�\� of . CC ) 1. a � i o ) ,.. t� 1 • 1 ./ / � t Ibi��tlK i � / __ _____ ��'r / \\ � � -------- I .` oe!( ) \ouT ,fr .\ +++: LJ ql 41 I �` it / f{�Y`�c4�k/� _ a �L 6 �'\�.�� _ •'^any 'h LJ (; j% LOUTWH MAV aro //-- ���-��_�/ �.�t i'. �� a� AL �!� � i';��� IFM^1' -. -... LAKE '= LI .. ... ! ': ,.r I �I VY ' .:...\\ S " r �c i m :• ua. � IT I u.. .-w a � PRELIMINARY MA+ HF! EAGANDALL LW4* LAIC(_ 2ND ADDITION c i ^ q 1 • ,,J � r -_-� % �__�, `�\� of . CC ) 1. a � i o ) ,.. t� 1 • 1 ./ / � t Ibi��tlK i � / __ _____ ��'r / \\ � � -------- I .` oe!( ) \ouT ,fr .\ +++: LJ ql 41 I �` it / f{�Y`�c4�k/� _ a �L 6 �'\�.�� _ •'^any 'h LJ (; j% LOUTWH MAV aro //-- ���-��_�/ �.�t i'. �� a� AL �!� � i';��� IFM^1' -. -... LAKE '= LI .. ... ! ': ,.r I �I VY ' .:...\\ S " r �c i m :• ua. � IT I u.. .-w a Agenda Information Memo May 6, 1986, City Council Meeting Page Twenty PROJECT 4.60, NICOLS ROAD APPROVE RESOLUTION W. Project 460, Nicols Road, Approve Resolution Requesting State Aid Designation--Nicols Road (Old Cedar Avenue) is presently in the process of being turned back from Dakota County to the City of Eagan_ With the proposed improvement of upgrading Nicols Road, it would be beneficial to have this segment of roadway designated as a'Municipal State Aid Street to qualify for financial assistance. In order for this roadway to receive such designation, it is necessary for the City to formally pass a resolution establishing this route as a Muncipal State Aid Street. The ® limits of this Municipal State Aid street would be from Beau D'Rue Drive to Cliff Road. • ACTION TO BE CONSIDERED ON THIS ITEM: To pass a resolution establishing Nicols Road as Municipal State Aid Street #122 ,(Project 460') and authorize the Mayor and City Clerk to execute all related documents. M Agenda Information Memo May 6, 1986, City Council Meeting Page Twenty -One VACATION OF DRAINAGE. UTI A. Vacate Drainage and Utility Easements - Outlot A, Lexington Place South 2nd Addition --On April 1, the Council received a petition to vacate the existing drainage and utility easements over Outlot A and the rear lot lines of Lots 1-4, Block 1 of Lexington Place South 2nd Addition necessitated by the recent approval of its final plat. All notices have been published in the legal newspaper and sent to all potentially affected utility companies informing them of the public hearing scheduled for May 6. Enclosed on page —&— is a copy of the proposed easements to be vacated and on page $43 a copy of a map showing its location. As of this date, the staff has not received any objections to this proposed vacation. All required drai-nage and utility easements have been rededicated as a part of the 2nd Addition final plat. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the vacation of drainage and utility easements over Outlot A and Lots 1-4, Block 1, Lexington Place South 2nd Addition, and if approved authorize the Mayor and City Clerk to execute all related documents for recording. X" SIGMA SURVEYING SERVICES 3908 SIBLEY MEMORIAL HIGHWAY, EAGAN. MINNESOTA 55122 (812) 452.3077 VACATE DRAINAGE AND UTILITY EASEMENTS (part of Lots 1,2,3 and 4, Block,l, LEXINGTON PLACE SOUTH12NDADDITION ) it All that part of Lot 1, Block 1, LEXINGTON PLACE SOUTH 2ND ADDITION described as follows: Beginning at a point on the east line of said Lot 1, distant 70.00 feet southerly (as measured along said east line) of the northeast corner of said Lot 1; thence S B104815111 W, 99.10 feet; thence S 56031'5511 E, 124.70 feet to the east line of said Lot 1; thence Northerly along said east line, 83.16 feet to the point of beginning. EXCEPT the East 10 feet thereof. $2 All that part of Lot 2, Block 1, LEXINGTON PLACE SOUTH 2ND ADDITION described as follows: Beginning at the northeast corner of said Lot 2; thence N 84"22'1711W along the north line of said Lot 2, 38.00 feet; thence S 30020128" W, 208.09 feet to the south line of said Lot 2; thence S 59012'34'1 E along said south line 74.00 feet to the southeast corner of said Lot 2; thence ® Northerly along the east line of said Lot 2, 230.54 feet to the point of beginning. EXCEPT a 10 foot wide strip adjoining and parallel with the east line of said Lot 2, and EXCEPT a 8 foot wide strip adjoining and parallel with the southerly line of said Lot 2. i3 All that part of Lot 3, Block 1, LEXINGTON PLACE SOUTH 2ND ADDITION described as follows: Beginning at the most southerly corner of said Lot 3; thence N42042'5411W along the southwesterly line of said Lot 3, 115.00 feet; thence N 72°06121" E, 80.93 feet to the northeasterly line of said Lot 3; thence S 59012' 34" E along said northeasterly line, 74.00 feet to the southeasterly line of said Lot 3; thence Southwesterly along said southeasterly line, 95.18 feet to the point of beginning. EXCEPT a 8 foot wide strip adjoining and parallel with the northeasterly line of said Lot 3 and EXCEPT a 10 foot wide strip adjoining and parallel with the southeasterly line of said Lot 3. #4 All that part of Lot 4, Block 1, LEXINGTON PLACE SOUTH ® 2ND ADDITION lying East of a line drawn parallel with and 10 feet southwesterly, northwesterly and westerly of the following described line: Beginning at a point on the southeasterly line of said Lot 4, distant 204.09 feet Easterly (as measured along the southerly line of -said Block 1) from the southwest corner of said Block 1; thence N 29018104" W, 29.11 feet; thence N 33041'2111 E, 72.11 feet; thence N 130 08114" W, 54.85 feet to the northeasterly line of said Lot 4, distant 105.19 feet northwesterly of the most easterly corner of said Lot 4; thence N 42042154" W along said northeasterly line 20.00 feet and there terminating. EXCEPT a 10 foot wide strip adjoining and parallel with the southeasterly line of said Lot 4. WAYNE D. CORDES — 14675 — EXHIBIT "A" LEX.INGMN PLACE SOU l li -2ND AUDI T:ON • lBq. kA s0 50 1 Sy ZB,,EN 18' N r / � a \ ' :'r •:/ � ()' 9410_ Q a� E \ d V -A NO oo'o3"w � ff. °a << zos. cl s = s 5 m �• 22' E m \\soo• m Z om I•m 50 I ' /J/ p /t\� by \ N /'• _- N 89v 59'51 " E • 220.00 -. // •,1 y o\�''�iW+. \\��/ �/ / 1 Ig s '.._.','. � 71,6 �i. •_ iy ���\p�J \\ 1• i � I r<' PJ ��•36.,fl�,ipL�S�'}l /I/S 4_`?',0�'' �N�/ ISS.oO `p9 At qr L�00 93 s9 N 699 S9. 5l"B { �i p.93 / 4•�` i L(: Tis M Q �Ig � � I wl'eiii.610?= I' iPi�' i° J. ••� 1. c' [lo N09'S9'57�E IOu .i°.•_ ._. lv�� ti✓ \�� •. SIO • ISS -00 � i Z Jb "%v::e' +r°E r � / O N89'49' 57E 1 • s -is j\f•v" oPr �� N J , O n i0 1 10L �202°12� p40'0 ,r,Oi°' 0 s 0.= •z� °`e1 / / � 1 sl j. .1 r N°atN �, �3 Agenda Information Memo May 6, 1966, City Council Meeting Page Twenty -Two VACATION OF DRAINAGE.AND UTILITY EASEMENTS LONE OAK ADDITION B. Vacate Drainage and Utility Easements Outlot F, Lone Oak Addition --On March 5, the City Council received a petition request- ing the vacation of a common lot line drainage and utility easement over, Outlot F of the Lone Oak Addition adjacent to the Trinity Lone Oak Church. This easement would then be replaced by the comparable drainage and utility easement over the new common lot line described by the conveyance of a 150 foot buffer strip from the Lone Oak Addition to Trinity Lone Oak Church. At .the ® time of the scheduled public hearing on April 1, the conveyance of the relocated drainage and utility easement had not been completed. Subsequently, the Council continued the public hearing, until May 6, to allow the developer adequate time to prepare the descriptions and execute the related documents. Enclosed on page _A� is a description for the drainage and utility easement to be vacated and on page is a map showing the location of the easement. Due to the fact that the May 6, public hearing is a continuation. of the previous April 1 hearing, no new notifications were published or sent. All requirements of this vacation have now been complied' with and is in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the vacation of the common lot line drainage and utility easement of Outlot F, Lone Oak Addition and authorize the Mayor and City Clerk to execute all related documents for recording. W LEGAL DESCRIPTION FOR THE DRAINAGE AND UTILITY EASEMENT TO BE VACATED 117, 6-8401.14 A permanent easoment for drainage and utility purposes over, under and across that part of Outlot F, LONE OAK, according to the plat thereof, on file In the office of the County Recorder, Dakota County, Mn., described as follows: Commencing at the most northerly corner of said Outlot F; thence South O1 degrees 10 minutes 06 seconds West, assumed basis for bearings 1045.14 feet along the westerly line of said Outlot F; thence North 89 degrees 24 minutes 44 seconds East 161.63 feet; thence South 00 degrees 35 minutes 16 seconds East 0.40 feet; thence North 89 dogrees 24 minu- tes 44 seconds East 158.37 feet to the point of beginning of the land to be doscrlbed,sald point of beginning being hereinafter referred to as Point "A"; thence continuing North 89 degrees 24 minutes 44 seconds East 150.00 feet; thence South 00 degrees 35 minutes 16 seconds East 550.10 feet ,to the southerly line of said Outlot F; thence South 89 degrees 24 minutes 44 seconds West 150.00 feet along said southerly line to the westerly line of said Outlot F; thence North 00 degrees 35 minutes 16 seconds West 550.10 feet along said westerly line to the point of beginning. Said drainage and utility easement to be vacated Is described as follows: Beginning at Point TIA"; thence North 89 degrees 24 minutes 44 seconds East 10.00 feet; thence South 00 degrees 35 minutes 16 seconds East ® 540.10 feet; thence North 89 degrees 24 minutes 44 seconds East 140.00 feet; thence South 00 degrees 35 minutes 16 seconds East 10.00 feet to the southerly Ilne of said Outlot F; thence South 89 degrees 24 minutes 44 seconds West 150.00 feet along said southerly line to an angle point In the boundary of said Outlot F; thence North 00 degrees 35 minutes 16 seconds West 550.10 feet along said boundary to the point of beginning. Sheet / 0? 2 I EASEMENT EXHIBIT FOR . THE CITY OF EAGAN . eon \ A-faE Most N7y L'or, O.L. h t IILily 1Jww1-.r6/OE.J�O.l.OYl�.9 YpJ.fCTI! L NM.I.M 00 44'E�L, out 144 Iko • �^ � ; �S'/y Line D.L.F /50.00 589'24.44'• w 200 0 200 SCALE M FEET DENNITT AINGNOSE.WOLSFELD. JAMnS. G•RDNER. I.C. M rE$NEA SO A/ IM f r Sr S.. w.EAr M w 5'. 15 ina Nn: i -R4/1/ FIELD BOOK: PAGE, She.- t 1 D f 2 / herby oiNty Mel this eXhihif me* pr*Wod' Ay me, or under my d/red olvorr/don, and 1Mt / an it de/y Rerstred Laid SLrreyDr _ - undr the /ors of /Ae state Of M/nn Nota. /./ J Date �3 13= � Rey. Aim.- L DRAWN BY: CL Agenda Information Memo May 6, 1986., City Council Meeting Page Twenty -Three VACATE UTILITY EASEMENT BRITTANY 7TH ADDITION C. Vacate Drainage and Utility Easements., Lot 5, Block 2, Brittany 7th Addition --The original public hearing for the vacation of a portion of the side lot line drainage and utility easement was held on February 4,' 1986, and subsequently denied due to a variety of unresolved issues relating to Tollefson Builders Incorporated. Since that time, the City has entered into a Stipulation Agreement with that firm identifying all requirements of unresolved issues. One of those requirements is for Tollefson Builders Inc. to resubmit a petition for consideration of vacating the easement., The need for the vacation of the easement-. results from a house being constructed within a dedicated easementand is necessary to protect the integrity of the sanitary .sewer line. During the week of April 21, the City performed a "soil solidifi- cation" process to consolidate the soils within this easement necessary to minimize any settlement problems associated with encroachment by the ex-isting dwelling on Lot 5. All notices have been published in the legal newspaper and sent to all potentially affected utility companies and reviewed in detail by representatives of the public works department. A final report regarding the status of this easement will be provided by the Public works Director on May 6. Enclosed on page —&— is a copy of the proposed' easement vacation. • ACTION.TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the partial vaation of a common lot line drainage and utility easement over Lot' -5, Block 2, Brittany 7th Addition. If the vacation is approved, authorize the Mayor and City Clerk to execute all related documents. Y 7 f' PROPOSED EASEMENT VACATION DESCRIPTION The west 34.00 feet of the east 65.80 feet of the south 4.00 feet of the drainage and utility easement adjacent to the north line of Lot 5, Block 2, Brittany 7th Addition, Dakota County, MN. NORTH SCALn I"=30 C 30 K 6 v I� z 3 i r' _FD 30 K 6 v I� z 3 APPA TO BE VACATED city of eaganstandard PUBLIC S R I TT"A Ny -7-r-'-' ADD. approved : plate #: LD -j- 5 ELK Z m ��) WORKS DEPARTMENT41Q . _FD APPA TO BE VACATED city of eaganstandard PUBLIC S R I TT"A Ny -7-r-'-' ADD. approved : plate #: LD -j- 5 ELK Z m ��) WORKS DEPARTMENT41Q Agenda Information Memo May 6, 1986, City Council Meeting Page Twenty -Four VACATE DRAINAGE AND UTILITY EASEMENTS WESCOTT HILLS 4TH ADDITION D. Vacation of Common Lot Line Drainage and Utility Easements, Wescott Hills 4th Addition --on April 1, the Council received a petition requesting the vacation of several common lot line ,drainage and utility easements within the Wescott Hills 4th Addition to accomodate the construction of multiple density zero lot line townhouse un -its that will straddle every other lot line within this subdivision. Enclosed on page o is a description of the easement vacation and on page �� is a map showing the location of the easements being considered for a vacation. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. There presently exists a 36" trunk storm sewer along one of these alignments which will be relocated at the developers expense as a condition of the building permit issuance along a new easement alignment to be dedicated. No other objections have been received regarding this proposed vacation. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the vacation of several common lot line drainage and utility easements within Wescott Hills 4th Addition and, if approved, authorize the Mayor and City Clerk to execute all related documents for recording. �1 LEGAL DESCRIPTION FOB EASEMENT VACATION WESCOTT HILLS FOURTH ADDITION • The vacation of 5.00 foot drainage and utility easements over, under and across the Wescott Hills Fourth Addition, Dakota County, Minnesota, according to the recorded plat thereof. Said easements are described as follows: The easterly 5.00 feet of Lot 1, Block 1. The westerly 5.00 feet of Lot 2, Block 1. The easterly 5.00 feet of Lot 3, Block 1. The westerly 5.00 feet of Lot 4, Block 1. The easterly 5.00 feet of Lot 5, Block 1. The westerly 5.00 feet of Lot 6, Block 1. The easterly 5.00 feet of Lot 7, Block 1. The westerly 5.00 feet of Lot 8, Block 1. The easterly 5.00 feet of Lot 1, Block 2. • The westerly 5.00 feet of Lot 2, Block 2. �o 0 4_4% // 5'dW l.R�e�ati.i.aq�+r"fiW. �.'''f i Pi iW �l•I. �'114iI f,(1�JId':r:i.L.1rv� _ i�fi: 1L'Sd Ami •'r_' ) I . \A) -=-- -'----- - --gym =------- 41 o� 5os + ° J ag 10 :tip D 3 2 N z 4 WESCOTT HILLS FOURTH x ADDIT O' ,,,:.--.-^j' - . ;. .- . - .. ;. •-I ore : EySiMENT $ ra BE I �gcHrEO, �//owN , L_ --------------- -bgN0 Y K E' I 243. 31'45W W I I W T I In m _[ � h T yam. _ m I – 9 I wl" . 240.(°D 589'31'45"E - I ! 1 a � 1 IW S I 0 3 an ..i0 C a,N I•N 0Q 2 W .W \A) -=-- -'----- - --gym =------- 41 o� 5os + ° J ag 10 :tip D 3 2 N z N. Tp x IW S I 0 3 an ..i0 C a,N I•N 0Q 2 a I I N Q . �•'i I evievred BY. TAC � ,IS: That Yankee Doodle Development Co., ers and proprietors; and The Farmers ,f Minneapolis. a Minnesota 9avfngs 11.nk , lescribed property situated in the County Isota, to uit: Block6. and Lot 1, Block 7, of the plat Ireof on fila and rec .'reed in the office of the Sty` Minnesota. i surveyed and platted as WESCOTT MILLS iy ,Lonate and dedicate to the public ,tllity and drainage easements as t lea Doodle Development Co., a lus[rd these presents to be sinned .n 7Y . a. I91---,Ir—IaPW_1I II W .W \A) -=-- -'----- - --gym =------- 41 o� 5os + ° 0 ag 10 J1 D 3 N N D N O a I I N Q . �•'i I evievred BY. TAC � ,IS: That Yankee Doodle Development Co., ers and proprietors; and The Farmers ,f Minneapolis. a Minnesota 9avfngs 11.nk , lescribed property situated in the County Isota, to uit: Block6. and Lot 1, Block 7, of the plat Ireof on fila and rec .'reed in the office of the Sty` Minnesota. i surveyed and platted as WESCOTT MILLS iy ,Lonate and dedicate to the public ,tllity and drainage easements as t lea Doodle Development Co., a lus[rd these presents to be sinned .n 7Y . a. I91---,Ir—IaPW_1I II ------------------- _'_V_ °—.—II' aI W .W 41 o� 5os + ° 0 ag J1 N Jt N N D N O x z I ��d..:.y<! I 6e..J °o.00— J L_ ------------------- _'_V_ °—.—II' aI —I + ° -p:.;- r1IIII I -bgN0 a. n s A O N ND ? II aoGoo L 00_ L Z. 39.z4 N89°3145'W I P.•`.\ ?tel\-\ I u '.K •.•I fo < I d. _ � I t I hereby certify that I have surveyed and platted the property described on this plat as WESCOTT HILLS FOURTH ADDITION, that - this plat is a correct representation of the survey, that all distances are correctly shown on the plat in feet and hundredths of a foot, that all monuments have been correctly placed in the ground as shown, and that the outside boundary lines are correctly designated on the plat. a There are no wet lands or public highwaystom, be designated. rveypr, le ay H. B not, Land 5ulnnespta Registration 8140 Ka STATE OF COUNTY OF The foregoing instrument va;, ckn; lodged before ma this day of.� _��\.\.... 1911 by. CVS\ Agenda Information Memo May 6„ 1986, City Council Meeting Page Twenty -Five PROJECT 448R/POND LP -55 E. Project 448R, Pond LP -55 - Storm Sewer Outlet '(Ches Mar 4th Addition) --Project 448R discusses a proposed storm sewer outlet for Pond LP -55 located in Ches Mar 4th Addition south of Dunberry Lane and east of Oak Leaf Circle. This proposed project was initiated because of concerns expressed by residents within the Oak Chase 2nd Addition and the rising elevation of Pond LP -55 A. Several options for consideration while constructing this project have been discussed at several neighborhood meetings and previous formal public hearings. Enclosed on pages � through Z%:� is a copy of the feasibility report for the Council's reference and review during the public hearing scheduled for May 6th. At the last public hearing held on December 3 ,1985, the Council directed staff to investigate detailed proposed alignments of the storm sewer outlet for LP -55 through the unplatted property to the north of Ches Mar 4th Addition. Subsequently, a proposed subdivision of this property was prepared showing how the proposed aldg,nment could be determined without adversely impacting the future developability of this property. Enclosed on page * is a layout showing this. This information was then discussed with the affected property • owners at a neighborhood meeting held at City Hall on April 29th. As a result of that meeting, a majority of the property owners preferred Option II of the feasibility: report which provides for the outlet for LP -55 only. However, although the Comprehensive Storm Sewer Plan indicates that Pond LP -55 should be controlled at a 9'20.0 elevation as confirmed by the D.N.R. designation of that elevation as the natural ordinary high water (NOHW), previous topographic maps show the pond elevation prior to any development being 918.,0. This lower elevation is generally supported by a majority of the property owners with a request for Council consideration of lowering the storm sewer construction to provide for a potential controlled elevation of 916.0. Due to the substantial depth of construction this storm sewer outlet requires, each 2 foot increment of depth results in additional cost beyond what would be required for the master storm sewer plan. The consulting engineer will provide information asso- ciated with additional cost for each foot of additional depth for C'ouncil's information in determining whether any of this overdepth should be specially assessed to the adjacent property owners who want to maintain a pond elevation lower than what is proposed in this feasibility report. �Y Agenda Information Memo May 6, 1986, City Council Meeting Page Twenty -Six New notices :were published in a legal newspaper and sent to all property owners proposed to be assessed or adjacent to any of the affected ponds informing them of this public hearing. The property owners of the undeveloped property south of Ches Mar 4th Addition have started to give consideration to developing their property and indicated a willingness to dedicate the required easements with the understanding that there would be no objections to their proposed development. With the present ele- vation of these ponds at approximately 9.24.0, it is imperative that the Council make a final decision and provide a definite time table for construction to determine whether adverse acquisition of easements will be necessary if the proposed development does not proceed within that time frame. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 448R, Option II and, if approved, authorize the preparation of plans and specifications for construction to take place no later than September 15, 1986. * Special Note: The layout alignment attachment will be distributed with the Additional Information Packet on Monday. 'i4 REPORT ON POND LP -55 & LP -55A ® TRUNK STORM SEWER IMPROVEMENTS Ll PROJECT No. 448R EAGAN, MINNESOTA 1985 FILE No. 49360 //�� Ba*w4iwa, Radcomf t4m&*4.4 a 4ddada &., Yow- e"a"&!«q Lft#'we,a �3 2335 W. %.r A dV-jA-" 36 St. /1u..J, M ._,, 55113 PA :612-636-4600 October 31, 1985 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55121 Re: Pond LP -55 and LP -55A Outlet Project No. 448R Our File No. 49360 Dear Mayor and Council: lhm O. Runamm. P.E. RoAeq W. Nu+mq PE, J.,h C. AMd,,hk. P.E. R.ndlord A. Lemberg. PE. Rl,hnrd E. Pu..... P.F lama C. Oleos, P.E. Glenn R, Coo Y, P.E'. Aedh A. fen/un. PI A ..... a E. Nn,,,. PI(. Rrehurd w 1.111. P.E. Rnhal G. S'rhum,hr, VE Mue.in L Sun olu. P.E'. nonuld C. Ru.g.,d,. I'. E. Jerry A. R .,d.n. P.1:1 Mud A. llumnn, P.L. I'ed K. Pidd, 1l E'. h/rrh.0 11 Nuuurrunri. 11 F. RoMle R. IyIJ/Irle, P.E. nand 0, LufYdm, P.E. Charles A_ EiirY+on /lurlun .11. OGon Transmitted herewith is our report for Pond LP -55 and LP -55A Outlet Trunk Storm Sewer Improvements, Project No. 448R. This report is a revision from the original preliminary report and covers storm sewer improvements, 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 h ASSOCIATES, INC. Mark A. Hanson MAH:mb I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Mark A. Hanson Date: October 31, 1985 Reg. No. 14260 Approved by: Department of Pub icj Works Date • 0548d S/ • SCOPE: The preliminary report for Pond LP -55 Outlet, Project No. 448 was pre- sented to the City Council at their June 18, 1985 Council meeting. The public hearing for that project was held July 16, 1985. The Public hearing however, was not closed but continued to allow Staff time to meet with the affected owners to further evaluate their concerns, The Staff also contacted the De- partment of Natural Resources (D.N.R.) to have them establish the normal water - level for each pond based on their standards. As a result, this revised pre- liminary report was prepared for the Council's consideration. 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. DISCUSSION: The project proposed herein is separated into three options. A.) OPTION I: Option I provides for constructing a 12" diameter gravity storm sewer pipe outlet from Pond LP -55 to Pond LP -54. Also included as part of Option I is construction of a 12" diameter gravity storm sewer pipe outlet from Pond LP -55A to Pond LP -55. Design considerations relative to normal water level • (NWL), high water level (HWL), existing elevation, and D.N.R. normal water elevation for each pond is listed below: Page 1. 1710d S5 Elev. D.N.R. Design Design Outflow 8-85 N.W.L. N.W.L. H.W.L. (cfs)* Pond LP -54 --- --- 897 900.4 1.0 Pond LP -55 922.9 923.3 918 924 1.0 Pond LP -55A 923.0 922.8 918.5 919.3 1.0 As noted the DNR's NWL level is substantially higher than proposed here- in. However, general consensus of the adjacent owners is that the lower level Page 1. 1710d S5 is desired. Therefore because the DNR does not have jurisdication over the level of these ponds, it is recommended that the controlled levels for Pond LP -55 and LP -55A be 918.0 and 918.5 respectively. B.) OPTION II: Option II provides for constructing only the 12" diameter gravity storm sewer pipe outlet from Pond LP -55 to Pond LP -54. Design considerations for Pond LP -55 as part of Option I are also the same for Option II. C.) OPTION III: Option III provides for constructing a 12" diameter gravity storm sewer pipe outlet from Pond LP -55 and Pond LP -55A to Pond LP -54 similar to the alignment presented in the original report. The only exception being the storm sewer alignment across Parcel 016-52 would be closer to its easterly line, thus not impacting future development as significantly as the uLignment presented in the original report. The cuts are deeper at this location and tree removal may be required in the Oak Chase 2nd Addition dependent on how close the storm sewer alignment is to Oak Chase 2nd Addition's westerly line. EASEMENT: Permanent and temporary easements are required for construction of all three options. As presented in the original preliminary report the storm sewer alignment from Pond LP -55 to Pond LP -54 is contingent on future develop- ment for both Option I and II. Recent discussions with the owner (Charles Kingebiel (Parcel 016-52) have indicated that he presently has no plans to de- velop. The owner, however, has indicated a willingness to cooperate with the City, providing a land planner is retained by the City to prepare a prelimin- ary lot layout for his parcel and the adjacent parcel (015-52). The layout would have to be approved by the City such that if the proposed storm sewer is constructed along a future lot line, there will never be a concern that it will have to be relocated. The aniticipated cost for acquiring a land planner _ Page 2. 1710d 0 is $2,000. The alignment proposed for Option III on Parcel 016-52 would not require a land planner. However, as previously indicated dependent upon on how close the storm sewer alignment is to the westerly line of Oak Chase 2nd Addition, additional temporary easement up to 40 feet from the pipe may be re- quired from Oak Chase 2nd Addition. OPTION II: SW 1/4, SECTION 27 Parcel 016-52 0.20 0.80 $ 6,000 TOTAL......................................... $ 6,000 1710d Page 3. ✓7 Permanent and temporary easements are also required for construction of storm sewer pipe from Pond LP -55A to LP -55 for both Option I and III. Al- though this alignment is through a platted area, no easements presently ex- ist. Therefore additional easements will have to be acquired by negotiation, ® purchase or condemnation. Listed below are the necessary easements for both Phase I and Phase II and the estimated cost for their acquisition. The esti- mated cost assumes $10,000/acre for permanent and $5,000/acre for temporary. Parcel Permanent Temporary Estimated Description (Acre) (Acre) Cost OPTION I: SW 1/4, SECTION 27 Parcel 016-52 0.20 0.80 $ 6,000 CHES MAR 4TH ADDITION I ® Lot 19 Block 1 0.10 0.20 $ 2,000 Lot 20 Block 1 0.10 0.20 $ 2,000 TOTAL......................................... $10,000 OPTION II: SW 1/4, SECTION 27 Parcel 016-52 0.20 0.80 $ 6,000 TOTAL......................................... $ 6,000 1710d Page 3. ✓7 OPTION III: SW 1/4, SECTION 27 Parcel 016-52 CHES MAR 4TH ADDITION Lot 19, Block 1 Lot 20, Block 1 OAK CHASE 2ND ADDITION 0.20 0.80 $ 6,000 0.10 0.20 $ 2,000 0.10 0.20 2,000 Lot 2, Block 2 --- 0.1 $ 500 Lot 3, Block 2 --- 0.2 1,000 Lot 4, Block 2 --- 0.1 500 TOTAL......................................... $12,000 AREA TO BE INCLUDED: The area to be included for assessment and construction purposes is as follows: SW 1/4 SECTION 27 Parcel 016-52 Parcel 015-52 SW 1/4 SECTION 27 Ches Mar 4th Addition: Oak Chase 2nd Addition: Parcel 016-52 Parcel 015-52 1710d ASSESSMENT AREA Oak Chase 2nd Addition Lot 3, 4, 5, 6 6 7 Block 2 Ches Mar 4th Addition Lot 20 Block 1 Ches Mar 5th Addition Lot 9, 10 Block 2 CONSTRUCTION AREA Lots 19 and 20, Block 1 Lots 2, 3, 4, 5, 6, Block 2 Page 4. -e • COST ESTIMATE: A detailed cost. estimate for construction is presented in Ap- pendix A located at the back of this report. A summary of these costs are presented below for Option I, II, and III. OPTION I Pond LP -54 to Pond LP -55 $43,940 Pond LP -55 to Pond LP -55A 23,140 TOTAL OPTION I .................... $67,080 OPTION II Pond LP -54 to Pond LP -55 TOTAL OPTION II ................... $43,940 OPTION III Pond LP -54 to Pond LP -55 Part A $52,960 Part B 29,330 TOTAL OPTION III ................ $ 82,290 Project costs presented above include contingencies and all related over- head. Overhead costs are estimated at 306 and include legal, engineering, ad- ministration, and bond interest but do not include easement acquisition costs. ® ASSESSMENTS: Storm sewer construction from Pond LP -55 to LP -54 as part of Op- tion I and II is considered trunk storm sewer. Trunk area storm sewer has been assessed to all the platted parcels in this area. The two unplatted par- cels north of Ches Mar 4th Addition, however, have not been assessed. There- fore, it is proposed as part of this project to assess trunk area storm sewer to these parcels. Storm sewer construction as part of Option I from Pond LP -55A to Pond LP -54 however, is considered lateral storm sewer as it! is not necessary to complete or protect the integrity of the City's Comprehensive Storm Sewer Plan. Therefore, it is proposed as part of Option I that the area which di - 1710d Page 5. sy rectly drains to and beneifts from the storm sewer construction between Pond LP -55A and Pond LP -55 be assessed for that cost (including easement acquisi- tion) on an area basis. Storm sewer construction proposed as part of Option III is all considered trunk storm sewer and is therefore proposed to be assessed only to the unplat- ted parcels which have not been assessed their trunk area storm sewer. A very minimal amount of storm sewer is required to connect to Pond LP -55A as part of Option III and as a result is not proposed to be assessed as lateral storm sewer. A preliminary assessment roll is included in Appendix B located at the • back of this report. 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 area rates in affect at the time of this report are as follows: Trunk Storm Sewer Oversize Single Family/Agricultural .......... $0.048/sq.ft. REVENUE: Revenue sources to cover the cost of this project are as follows: OPTION I: Project Cost Revenue Balance Trunk $43,940 Lateral 23,140 Easement 10,000 Land Planner 2,000 Trunk Area Assessment $32,854 Lateral Area Assessment 27,140 $79,080 $59,994 -$19,086 1710d Page 6. E • OPTION II: Project Cost Revenue Balance Trunk $43,940 Easement 6,000 Land Planner 2,000 Trunk Area Assessment $32,854 $51,940 $32,854 —$19,086 OPTION III: Trunk $82,290 Easement 12,000 Trunk Area Assessment $32,854 $94,290 $32,854 —$61,436 PROJECT SCHEDULE Present Feasibility Report Public Hearing Approve Plans and Specifications Open Bids Award Contract Construction Completion Final Assessment Hearing First Payment Due with Real Estate Taxes June 18, 1985 December 2, 1985 February, 1986 March, 1986 March, 1986 Fall, 1986 Fall, 1986 May, 1987 The project deficit for Option I and II is estimated at $19,086 while the project deficit for Option III is estimated at $61,436. 1710d Page 7. APPENDIX A PRELIMINARY COST ESTIMATE POND LP -55 OUTLET PROJECT NO. 448R rl\iii CAmoi POND LP -55 TO POND LP -54 LUMP SUM Mobilization @ $5,000.00/L.S. $ 5,000.00 LUMP SUM Clear and grub easements @ $6,000.00/L.S. 6,000.00 210 Lin.ft. 12" RCP storm sewer, 0'-15' dp. @ $22.00/L.F. 4,620.00 80 Lin.ft. 12" RCP storm sewer, 15'-25' dp. @ $40.00/L.F. 3,200.00 130 Lin.ft. 12" RCP storm sewer, 25'-35' dp. @ $60.00/L.F. 7,800.00 1 Each Std. 4' dia. MH w/cstg. @ $900.00/ea. 900.00 10 Lin.ft. MH depth greater than 8' dp. @ $65.00/L.F. 650.00 2 Each 12" RCP flared end @ $500.00/ea. 1,000.00 10 Cu.yds. Rip rap @ $60.00/c.y. 600.00 50 Cu.yds. Rock stabilization below pipe @ $10.00/c.y. 500.00 1.0 Ac. Seed w/mulch 5 fertilizer @ $1,500.00/ac. 1,500.00 420 Lin.ft. Mechanical trench compaction @ $1.00/L.F. 420.00 TOTAL $32,190.00 +5% Contingencies 1,610.00 $33,800.00 +30% Legal, Engrg., Admin. 6 Bond 10,140.00 TOTAL ............................................. $43,940.00 1710d Page 8. POND LP -55A TO POND LP -55 LUMP SUM Clear and grub easements @ $2,000.00/L.S. $2,000.00 230 Lin.ft. 12" RCP storm sewer, 0'-15' dp. @ $22.00/L.F. 5,060.00 110 Lin.ft. 12" RCP storm sewer, 15'-25' dp. @ $40.00/L.F. 4,400.00 1 Each Std. 4' dia. MH w/cstg. @ $900.00/ea. 900.00 10 Lin.ft. MH depth greater than 8' dp. @ $65.00/L.F. 650.00 2 Each 12" RCP flared end @ $500.00/ea. 1,000.00 10 Cu.yds. Rip rap @ $60.00/c.y. 600.,00 50 Cy.yds. Rock stabilization below pipe @ $10.00/c.y. 500.00 1.0 Ac. Seed w/mulch S fertilizer @ $1,500.00/ac. 1,500.00 ® 340 Lin.ft. Mechanical trench compaction @ $1.00/L.F. 340.00 TOTAL $16,950.00 +5Y, Contingencies 850.00 $17,800.00 +30% Legal, Engrg., Admin. 6 Bond 5,340.00 TOTAL ........................................... $23,140.00 • Page 9. 1710d W OPTION II POND LP -55 TO POND LP -54 LUMP SUM Mobilization @ $5,000.00/L.S. LUMP SUM Clear and grub easements @ $6,000.00/L.S. 210 Lin.ft. 12" RCP storm sewer, 0'-15' dp. @ $22.00/L.F. 80 Lin.ft. 12" RCP storm sewer, 15'-25' dp. @ $40.00/L.F. 130 Lin.ft. 12" RCP storm sewer, 25'-35' dp. @ $60.00/L.F. 1 Each Std. 4' dia. MH w/cstg. @ $900.00/ea. 10 Lin.ft. MH depth greater than 8' dp. @ $65.00/L.F. 2 Each 12" RCP flared end @ $500.00/ea. 10 Cu.yds. Rip rap @ $60.00/c.y. 50 Cu.yds. Rock stabilization below pipe @ $10.00/c.y. 1.0 Ac. Seed w/mulch S fertilizer @ $1,500.00/ac. 420 Lin.ft. Mechanical trench compaction @ $1.00/L.F. TOTAL +5% Contingencies +30% Legal, Engrg., Admin. 6 Bond TOTAL............................................. Page 10. 1710d WW $ 5,000.00 6,000.00 4,620.00 3,200.00 7,800.00 900.00 650.00 1,000.00 600.00 500.00 1,500.00 420.00 $32,190.00 1,610.00 $33,800.00 10,140.00 $43,940.00 • OPTION III PART A LUMP SUM Mobilization @ $2,500.00/L.S. LUMP SUM Clear and grub easements @ $2,500.00/L.S. 210 Lin.ft. 12" RCP storm sewer, 0'-15' dp. @ $22.00/L.F. 180 Lin.ft. 12" RCP storm sewer, 15'-25' dp. @ $40.00/L.F. 160 Lin.ft. 12" RCP storm sewer, 25'-35' dp. @ $60.00/L.F. 100 Lin.ft. 12" RCP storm sewer, 35'-40' dp. @ $80.00/L.F. 1 Each Std. 4' dia. Mei w/cstg. @ $900.00/ea. 10 Lin.ft. MH depth greater than 8' dp. @ $65.00/L.F. 2 Each 12" RCP flared end @ $500.00/ea. 10 Cu.yds. Rip rap @ $60.00/c.y. 25 Cu.yds. Rock stabilization below pipe @ $10.00/c.y. 0.25 Ac. Seed w/mulch 6 fertilizer @ $1,500.00/ac. 600 Lin.ft. Mechanical trench compaction @ $1.00/L.F. TOTAL +5% Contingencies +30% Legal, Engrg., Admin. 6 Bond TOTAL............................................ 1710d Page 11. 1 $ 2,500.00 2,500.00 4,620.00 7,200.00 9,600.00 8,000.00 900.00 650.00 1,000.00 600.00 250.00 375.00 600.00 $38,795.00 1,935.00 $40,730.00 12,230.00 $52,960.00 PART 8 LUMP SUM Mobilization @ $2,500.00/L.S. $ 2,500.00 LUMP SUM Clear and grub easements @ $2,500.00/L.S. 2,500.00 200 Lin.ft. 12" RCP storm sewer, 0'-15' dp. @ $22.00/L.F. 4,400.00 210 Lin.ft. 12" RCP storm sewer, 15'-25' dp. @ $40.00/L.F. 8,400.00 1 Each Std. 4' dia. MH w/cstg. @ $900.00/ea. 900.00 10 Lin.ft. MH depth greater than 8' dp. @ $65.00/L.F. 650.00 1 Each 12" RCP flared end @ $500.00/ea. 500.00 10 Cu.yds. Rip rap @ $60.00/c.y. 600.00 25 Cu.yds. Rock stabilization below pipe @ $10.00/c.y. 250.00 0.25 Ac. Seed m/mulch 6 fertilizer @ $1,500.00/ac. 375.00 410 Lin.ft. Mechanical trench compaction @ $1.00/L.F. 410.00 40 TOTAL $21,485.00 +5% Contingencies 1,075.00 $22,560.00 +30% Legal, Engrg., Admin. 6 Bond 6,770.00 TOTAL ............................................. $29,330.00 1710d Page 12. 6 (1) Includes $4,000 for easement acquisition 1710d Page 13. 4/ APPENDIX B ASSESSMENT ROLL POND LP -55 OUTLET PROJECT NO. 448R OPTION I, TI, 6 III: A.) TRUNK AREA Parcel Area Credit Assessable Total Description (sq.ft.) (sq.ft.) Area sq.ft.) Rate/sq.ft. Assessment Parcel 016-52 459,994 Pond 30,000 343,990 $0.048 $16,511.00 Street (206) Parcel 015-52 445,619 Pond 20,000 340,490 0.048 16,343.00 Street (20%) ® Total 905,613 $32,854.00 OPTION I ONLY: B.) LATERAL AREA (POND I.P-55A TO POND LP -55) Area Total (Sq.Ft.) Rate/Sq.Ft. Assessment OAK CHASE 2ND ADDITION Lot 3 Block 2 7,000 $0.13 $875.00 Lot 4 Block 2 26,000 0.13 3,252.00 Lot 5 Block 2 19,000 0.13 2,376.00 Lot 6 Block 2 21,000 0.13 2,626.00 Lot 7 Block 2 17,000 0.13 2,126.00 CHES MAR 4TH ADDITION Lot 20 Block 1 47,000 $0.13 $5,878.00 CHES MAR 5TH ADDITION Lot 9 Block 2 13,000 $0.13 $1,626.00 Lot 10 Block 2 45,000 0.13 5,628.00 PARCEL 016-52 22,000 $0.13 2,753.00 TOTAL..... 217,000 $27,140.00(1) (1) Includes $4,000 for easement acquisition 1710d Page 13. 4/ CHES MAR DRIVE 4 3 2 1 J I ID O CHE MAF 3RD ADD. i U 1 LL II 9 Q W J 2 10 a B 01 3 14 13 7f 4 15 IE MAR 4T ADD. 16 (� 6 5 17 016-52 REQUIRED 20'EASEMENT- 015-52 r,-�'\ POND , LP -54 ' L PROPOSED 1211 �, •� STORM SEWERS REQUIRED 201 EASEMENT 7 6 5 4 OAK ASE 2ND I OAK CHASE LANE POND LP -55 OUTLET TRUNK STORM SEWER IMPROVEMENTS OPTION I EAGAN, MINNESOTA iv, - NORTH 0 0 200 1� SCALE IN FEET SONESTROO, ROSENE, .ANDERLIK & ASSOCIATES, INC. Consulting Engineers St. PAl1I, Minn. Date: JUNE, 1985 PROD. NO. Comm. 49360 448R " POND F� Z 18 NWL=9 8.0 Q ii 19 W z 1 I 20 � 1 10 \9 POND MAR 5 ADD. ,LP SSA 016-52 REQUIRED 20'EASEMENT- 015-52 r,-�'\ POND , LP -54 ' L PROPOSED 1211 �, •� STORM SEWERS REQUIRED 201 EASEMENT 7 6 5 4 OAK ASE 2ND I OAK CHASE LANE POND LP -55 OUTLET TRUNK STORM SEWER IMPROVEMENTS OPTION I EAGAN, MINNESOTA iv, - NORTH 0 0 200 1� SCALE IN FEET SONESTROO, ROSENE, .ANDERLIK & ASSOCIATES, INC. Consulting Engineers St. PAl1I, Minn. Date: JUNE, 1985 PROD. NO. Comm. 49360 448R CHES MAR DRIVE 4 3 2 1 J 1 0 O CHE MA 3RD ADD. c 015-52 u I LL II 9 w J 2 10 Q I 8 0 3 14 13 7 4 016-52 ® 15 E MAR 4T ADD. 16 QI 6 5 REQUIRED 17 20 EASEMENT 6PONDP-54 ' POND ---- --- LP-55 . \ Q 19 NWL=9180 /\ J , w 19 PROPOSED 12 Cc) STORM $EWER 2 � J O 20 910 ND HES MAR 5 ADD. LP 55A I -NORTH 7 64 -- OAK ASE 2ND Q2 0 200 5 1OAK CHASE LANE � SCALE IN FEET POND LP-55 OUTLET BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. TRUNK STORM SEWER IMPROVEMENTS Consulting Engineers St. Paul, Minn. OPTION II Date: JUNE, 1985 PROJ. NO. EAGAN, MINNESOTA Comm. 49360 448R __jj CHES MAR DRIVE 4 3 2 I J I IQ O CHE MA 3RD JADD. ('r 015-52 � 1 L II 9 Q W J 2 10 Y 1 9 O 3 14 13 7 4 016-52 15 E MAR 4T ADD. 16 Qj 6 5 6POND 17 P-54 POND LP -55 Z i9 NWL=91&� W i9 \\ \\ \` m \ PART B` 0 20 PROPOSED I I STORM SEWER I 11 —4 REQUIRED �' 10 i j 20' EASEMENT 9 POND HES MAR 5 ADD. LP -55A NWL=918.5 PARTA -NORTN 7 6 5 4 3 OAK CHASE 2ND AD). O 0 200 OAK CHASE LANE SCALE IN FEET POND LP -55 OUTLETBONESTROO, ROSENE,.ANDERLIK & ASSOCIATES, INC. TRUNK STORM SEWER IMPROVEMENTS Consulting Engineers OPTION III St. Paul. Minn. Date: JUNE, 1985 PROD. NO. EAGAN, MINNESOTA �� Comm. 49360 448R 1 CHES MAR DRIVE 4 3 2 1 J I IQ O CHE MA 3RD ADD. ir 015-52 . v LL II 9 Q w J 2 10 Q I S O 3 14 13 7 4 016-52 ® 15 E MAR 4T ADD. 16 Oj 6 5 6POND 17 ,P-54 ' '\ POND Z L 18 NWL=9180 / i o: 19 W m 2 Z-3 20 �� LATERAL AREA ASSESSMENT • `♦ BOUNDARY I) 1 '900, PPND 1 , ESMAR 5 ADD. L55A N =918.5 7 � 1L _�r—� '—NORTN� OAK— ASE 2ND (2 0 200 OAK CHASE LANE BCKE IN FEET; DONESTROO, ROSENE, .ANDERLIK POND LP -55A OUTLET & ASSOCIATES, INC. Consulting Engineers LATERAL AREA STORM SEWER ASSESSMENTS St. Pnul, Minn. JUNE, 1985 PROJ. NO. EAGAN, MINNESOTA Late: omm. 49360 448R CHES MAR DRIVE 4 3 2 1 _j 10 O CHE MA 3RD ADD. � 015-52 V I LL II 9 Q W J 2 10 g O 3 14 �j 13 1 7 J, 4 15 E MAR 4TJ ADD. 16 (D 6 5 17 \5A,DD. 09 PONMALP-55A N 7, 6 54 OAK ASE 2ND I OAK CHASE LANE POND LP -55 OUTLET TRUNK AREA STORM SEWER ASSESSMENT EAGAN, MINNESOTA n„ 016-52 GLOND ,P-54 ' —TRUNK AREA ASSESSMENT BOUNDARY (OPTION Z, 318 M) -NORTN� 0 200 -� SCAIE iN FEET SONESTROO. ROSENE..ANDERL KK 8 ASSOCIATES, INC. Consulting Engineers St. Paul, Minn. Date: JUNE, 1985 PROD. NO. Comm. 49360 11 448R POND w 18 LP -55 ZQ NWL=9180 J } m 19 W m z 0 20 \5A,DD. 09 PONMALP-55A N 7, 6 54 OAK ASE 2ND I OAK CHASE LANE POND LP -55 OUTLET TRUNK AREA STORM SEWER ASSESSMENT EAGAN, MINNESOTA n„ 016-52 GLOND ,P-54 ' —TRUNK AREA ASSESSMENT BOUNDARY (OPTION Z, 318 M) -NORTN� 0 200 -� SCAIE iN FEET SONESTROO. ROSENE..ANDERL KK 8 ASSOCIATES, INC. Consulting Engineers St. Paul, Minn. Date: JUNE, 1985 PROD. NO. Comm. 49360 11 448R Agenda Information Memo May 6, 1986, City Council Meeting Page Twenty -Seven PUBLIC HEARING, PROJECT 472'. F. Public Hearing for Project 472 (Clearview Addition - Streets) -- At the March 19 Council meeting, several representatives of the Eden Addition Homeowners Association presented a request to the City Council to improve a portion of Beecher Drive to City standards. Based on that request, the Council discussed the past history of proposed street improvements within this subdivision and the relationship to the adjacent subdivisions for for traffic circulation at the present time. Subsequently, the Council requested that the previous feasibility report be updated and that the proposed improvements be further discussed at formal • public hearing. This feasibility report was then presented to the Council at its April 15 meeting with the public hearing scheduled for May 6. A copy of the report is enclosed on pages .ItZ�4 through F , On September 18, 1979, a public hearing was held to discuss similar types of street improvements within the Clearview Addition under Project 281. Enclosed on page f is .a copy of the minutes from that Council meeting. At that public hear.ing, the estimated cost per lot for street surfacing was $2,280 per lot as compared to the present feasibility report estimate of $5,972. Some of this cost increase is associatedwith restoring the gravel base lost by seven years of wear and the fact that there is one less lot to spread the costs over due to Mn DOT's acquisition for the Blackhawk. Road construction with I -35E but the majority of the cost increase is associated with inflation. All notices have been published in the legal newspaper and sent to all property owners proposed to be assessed under this project. ACTION TOBECONSIDERED ON THIS ITEM: To close the public hearing and approve/'deny Project 472 (Clearview Add-ition-Street Surfacing) and if -approved, authorize the preparation of detailed plans and specifications. �J REPORT m CLEARVIEW ADDITION i STREET IMPROVEMENTS • PROJECT No. 472 EAGAN, MINNESOTA mslle FILE No.49389 /3o.iPdAw., R de ce, 1q%P.ellila a Yow. ew""&«q'eKq4wou St. /haul, M&mtaiata 71� Bonestroo, Rosene, Anderlik & Associates, Inc. Dun G. Hnnnvuu. P.E Glenn R. Cuui, P.E. Nub" W. Nrurnr. J•h.. Kouh A. Gurdaa, Y.E. U Jor,,h C. And,44. P.L. lhmnua E Nwl , Y.E. HmdJord A- LrnrArrg. P.E. Richard W. Fa,ler, P.E. - 2335 W. Trunk Highway 36 Engineers & Architects Rlrhurd E'. Turner. P.E. James C. Okun, P.E. R.b ,l G. 4hunirh,, P.E. Marvin L. Sar.lu, P.E. St. Paul, MN 55113 Donald C. Hurgardl. P.E. Jerry A. Haardun, P E 612-636.4600 Murk A. Haruan. P.E. Ted A. Field. P.E. MtrhuH T Nuulmunn. P.E. April 7, 1986 n..wo c E +Ame Pe. Thoma, N'. PNenun, P.E. Mah.,IC Lleeh. P.E. Kuren L W'Jlu. P.E Honorable Mayor and Council Jumei R. ANland. P E. City of Eagan ^onP E. KrrhrA. Hu hnJ E. 3830 Pilot Knob Road A/arkR,RWltP,E- Ed Eagan, MN 55122 g Rubrn C Rw.ek. AJ.A. , Thumui E. Angus, P.E. Smr, L. Yuan,, P.E. Re: Clearview Addition Churle. A.EHA Lru Al. PuvrhAy Street Improvements mean AL ahn Project No. 472 Solan M. EbM. File No. 49389 0 Dear Mayor and Council: Enclosed is our report for Clearview Addition, Project No. 472. This report covers street 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, BONEESTR00, ROSENE, ANDERLIK S ASSOCIATES, INC. -0" C-1 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 ofMinnesota. Mark A. Hanson Date: / / 7 /,j461 Reg. No. 1i`y("G Approved by: epartment of Public Works Date: 4,"- 4303d , - 4303d 30 Year 75 Anniversary SCOPE: This project provides for the upgrading of the streets in the Clear - view Addition. The Clearview Addition is located in the northeast quadrant of Blackhawk Road and Cliff Road and includes large single family lots with an average street frontage of almost 200 front feet. Consideration for this project is the result of the residents in the Eden Addition requesting the City to upgrade Beecher Drive so they have access to Blackhawk Road by a paved street. FEASIBILITY AND RECOMMENDATION: This project is feasible from an engineering standpoint and is in accordance with the Master Street Plan for the City of ® Eagan. The project can best be carried out as one contract. The City of Eagan Public Works Department is recommended very strongly that the project be approved. The existing gravel streets in the Clearview Addition cause additional maintenance for the Public Works Department in com- parison with paved streets in other subdivisions. The additional maintenance includes periodic grading of the streets, placement of additional gravel, and placement of calcium chloride for dust control at an estimated cost of $5,000 to $6,000/yr. In addition, the gravel continues to erode in the gutters thus • causing the existing storm sewer system at Lenore Lane and Beecher Drive to continually fill and plug with gravel, debris, etc. To continually clean these storm sewers is not only very time consuming and costly, but can also be very damaging to the existing storm sewer and the pond which the storm sewer discharges to. DISCUSSION: Streets within the Clearview Addition proposed to be paved as part of this project are Beecher Drive and Lenore Lane. These streets are presently 34' wide gravel streets that were constructed after the installation of utilities in 1978. The gravel base was constructed 6" thick at that time. Page 1. 4303d % The streets were constructed to a design grade in anticipation of concrete curb and gutter and bituminous surfacing being constructed shortly there- after. However, Project No. 281 which proposed the same improvements as pre- sented herein was denied and as a result the improvements were not constructed. Therefore, it is proposed as part of this project to upgrade Lenore Lane and Beecher Drive with concrete curb and gutter and bituminous surfacing to a 34' width. Also included is restoration of the existing driveways and boule- vard areas. Adjustment of existing manholes, catch basins and gate valves is also included. In addition, it is proposed to provide an additional 4" thick aggregate® base which will include grading and subbase preparation. However, as part of the preparation of the detailed plans and specification, it may be determined that the amount of grading and additional aggregate base construction may either have to be increased or decreased dependent on the results from cross sectional survey work and soil borings that will be taken. AREA TO BE INCLUDED: CLEARVIEW ADDITION Lot 2-5, Block 1 Lot 6-14, Block 2 Lot 1-9, Block 3 CLEARVIEW 3RD ADDITION Lot 1-3, Block 1 COST ESTIMATE: A detailed cost estimate is presented in Appendix A located at the back of this report. The total estimated project cost is $149,290 which includes contingencies and all related overhead. Overhead costs are estimated at 30% and include legal, engineering, administration and bond interest. Page 2. 4303d 77 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 costs will be revised based on final costs. The assessments will be spread over a period of time as determined by the City Council at the Public Hearing. The interest rate will be based upon the lat— est bond sale at the time of the final assessment hearing. It is proposed to assess the total cost of street on a per lot basis re— gardless of the amount of street frontage per lot. The lots proposed to be ® assessed are shown on the drawing located at the back of this report. REVENUE SOURCES: Revenue sources to cover the cost of this project are as follows: Proj. Cost Revenue Balance Street $ 149,290 Street Assessment $149,290 TOTAL ............. $ 149,290 $149,290 ® All costs are proposed to be assessed, therefore, no funds are required from the major street fund. Page 3. 4303d PROJECT SCHEDULE Present Feasibility Report Public Hearing Approve Plans 6 Specifications Open Bids/Award Contract Construction Completion Final Assessment Hearing First Payment Due with Real Estate Taxes Page 4. 4303d 7q April 15, 1986 May 5, 1986 June 3, 1986 July 1, 1986 Sept. 15, 1986 Fall/Winter 86-87 May, 1988 is 40 APPENDIX A PRELIMINARY COST ESTIMATE CLEARVIEW ADDITION STREET IMPROVEMENTS PROJECT NO. 472 Page 5. 4303d o OQ 9,900 Sq.yds. Subbase preparation @ $0.60/sq.yd. $ 5,940 400 Cu.yds. Subgrade correction @ $3.00/cu.yd. 1,200 ® 200 Cu.yds. Select granular borrow @ $6.00/cu.yd. 1,200 2,400 Ton Class 5 100% crushed aggregate base @ $7.00/ton 16,800 750 Ton 2331 Bituminous base course @ $11.00/ton 8,250 750 Ton 2341 Bituminous wear course @ $13.00/ton 9,750 87 Ton Bituminous material for mixture @ $200.00/ton 17,400 420 Gals. Bituminous material for tack coat @ $1.50/gal. 630 4,940 Lin.ft. B618 Concrete curb and gutter @ $5.00/lin.ft. 24,700 25 Each Driveway restoration @ $500.00/each 12,500 20 Each Adjust MH, CB, 6 GV box @ $150.00/each 3,000 • 4,000 Sq.yds. Sod w/topsoil @ $2.00/sq.yd. 8,000 Total $109,370 +5% Contingencies 5,470 $114,840 +30% Legal, Engrng., Admin. 6 Bond Interest 34,450 TOTAL ............................................. $149,290 Page 5. 4303d o OQ APPENDIX B PRELIMINARY ASSESSMENT ROLL CLEARVIEW ADDITION STREET IMPROVEMENTS PROJECT NO. 472 Parcel No. of Total Description Lots Cost/Lot Assessment Lot 2-5, Block 1 4 $5,972 $ 23,886 Lot 6-14, Block 2 9 5,972 53,744 Lot 1-9, Block 3 9 5,972 53,745 CLEARVIEW 3RD ADDITION Lot 1-3, Block 1 3 5,972 17,915 TOTAL 25 $149,290 4303d Page 6. 97 E E • 0 a w WALNUT------ \-------�� IO Z I I 9 Qj 2 4 5 6 7A DI8T10 J I I e EDEN (,7 11 II 1 1 3 I I U w 4 5 1 .i jRO pOo\T3 N O 1 0 0 5 3 pq 10 p001T ION 6 O 5 CLEARVIEW ASSESSMENT PROPOSED BOUNDARY 12 STREET IMPROVE i n 13 Scale: I"=200' I j I 3 ,�3LL Cr I C I vP� 2 1 Q7 2� 14 1 i 2 LL N A." — CO PQO CLEARVIEW ADDITION STREET IMPROVEMENTS PROJECT NO.472 EAGAN, MINNESOTA Im [] 7 (CcLFRddNROAD o 32) -;--------------- I BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Consulting Engineers St. Paul, Minn. Date: 4-7-86 FIG. No. I Comm. 49389 QC2'?3 City Council Minutes September 18, 1979. Page Four .-i Smith then moved and Egan seconded the motion to close the hearings, to approve the assessment rolls, and to authorize the City Clerk to certify the foregoing rolls to the County Auditor. All members voted in favor. IMPROVEMENT PROJECT #235-CLEARVIEW ADDITION UTILITY ASSESSMENTS The Mayor then convened the Project #235 assessment hearing and it was reviewed by the City Administrator. Some residents in the Clearview Addition appeared and had objections to the street restoratior and requested damages be paid by the contractor in certain cases. Others objected to the lack of cooperation by the contractor in the . project. Wachter moved that the assessment hearing be closed but that it not be approved until all claims are settled and that the project is complete. Egan seconded the motion. Mr. Colbert recommOdec that the roll be adopted but that the final payment not be made to the contractor until the contract is complete. The above motion was withdrawn. Egan then moved to close the hearing, to approve the project and to authorize that the roll be certified and forwarded to the County Auditor. Wachter seconded the motion and all members voted in favor. GICLEARVIEW ADDITION STREETS -PROJECT -#281 The next hearing convened by Mayor Murphy concerned Project #281 regarding street improvements in Clearview Addition. The City Engineer reviewed the project in detail and a petition signed by affected owners in the area was submitted indicating 5 lot owners were against and 5 lot owners were in favor of 23 lot owners polled. A large number of affected owners were present, most of whom objec The City Council reviewed the proposed Eden Addition to the North and the effect of additional traffic upon the Clearview area. It was noted by Council members and the City Engineer that costs will increase from year to year and several owners present indicated that they favored installation of the project because of the potential increase of cost. It was noted also that there were dust and maintenance problems that will continue until the improvements are installed. Wachter moved to close the hearing, to order in the project and to authorize the City Engineer to prepare the plans and specifications. There was no second to the motion and the motion died. Smith then moved and Egan seconded the motion to close the hearing and not to order the project in on the basis of the large majority who objected to the improvements, knowing, however, that it is expected that certain residents will again petition for im- provements within a few years. All members voted in favor except Wachter who voted no. PFJ Agenda Information Memo May 6, 1986, City Council Meeting Page Twenty -Eight OLD BUSINESS APPROVE SITE PLAN/GRADING PERMIT EX09-056 A. Approve Site Plan and Grading Permit EX09-056., Sperry Marketing Facility --The staff has received an application for a grading permit for the site development of the future Sperry Sales and Marketing facility to be constructed in the southwest corner of Pilot Knob Road and Towerview Road. All application materials have been submitted, reviewed by staff and found to be in order. However, as of this packet preparation, they have been unable to acquire a permit for grading within the Northern Natural Gasline Easement which is required before final approval of a City Grading, Permit. Enclosed on page �j is a proposed site plan for this facility showing the traffic circulation, parking lot layout, building location, and major landscaping, berming and screening,. The first phase of the grading plan proposes to stockpile material to south of the Towerview Road cul-de-sac for future redistribution for final landscaping and restoration. Representatives of Sperry Corporation will be available to discuss and describe the relationship of this development proposal to the adjacent properties. It is anticipated that a formal building permit will be requested within the next 30 - 45 days. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the site plan and grading permit EX09-056 for the proposed Sperry Marketing facility. 13 A fzw vfrlr lam- - - - - - - - - N VVKR BM :i.L"-1�-",�...-,, R. HE. 1n_ - V:i dl t Ayl �1XF ty. . LEGEND .. ....... d �'A TWIN-CMES CONSOUDATION FACIUTV PLAN C.02 Agenda Information Memo May 6, 1986, City Council Meeting Page Twenty -Nine SPERRY TAX INCREMENT FINANCING B, Consider Distribution of Draft Sperry Tax Increment Financing Plan and Set Date for Public Hearing --At the February 4, 1986, regular City Council meeting a motion• was adopted providing preliminary approval of the use of up to $700,000 of Tax Increment Financing for the proposed Sperry project. The Sperry Corporation has made a decision to construct their sales and marketing facility on the northeast corner of the. Sperry campus and is seeking the Tax Increment Financing as proposed by the City. A public hearing to consider and adopt a Tax Increment Financing Plan is required. It was suggested by bond counsel that the public hearing to consider ® the Sperry Tax Increment Financing Plan and development district be scheduled as a part of the May 21, 1986, City Council meeting. The City will notify Dakota County and Independent. School District. #197 in writing that a Tax Increment. Financing district is being given consideration by the City Council. Those two governmental jurisdictions have 30 days to review the proposal. At the June 17, 1986, City Council meeting final ratification of the Tax Increment Financing is planned and the bond sale is scheduled for July 1. The City Administrator, upon direction of the City Council, is meeting with the Sperry Corporation to review and coordinate the various public improvements that will be funded by the Tax, Increment: Financing. Since all the funds are being, used for public improvements, the City Council can issue the bonds. If side excavation and preparation and other types of improvements that. would only benefit. the Sperry Corporation were being con- sidered, it. would, be necessary that the Housing and Redevelopment. • Authority act as the issuer. ACTION TO BE CONSIDERED ON THIS ITEM: Approve or deny distribution of the Draft Sperry Tax Increment. Financing Plan to Dakota County and Independent. School District #197 and set the date for the TIF hearing for the May 21, 1986 City Council meeting. SPECIAL NOTE: Detailed information pertaining to the cost breakdown and other information will be provided as background information for the public hearing scheduled on May 21. 0 Agenda Information Memo May 6, 1986, City Council Meeting Page Thirty OFF -SALE LIQUOR LICENSE POLICY AMENDMENT C. Consideration of Request to Amend Off -Sale Liquor License Policy --The Federal Land Company submitted a letter in March requesting that the Off -Sale Liquor License Policy be amended to allow for one (1) additional license to be used in the Town Centre/Eagan Shopping Center. This request was given consideration at the March 19, 1986 meeting. Action was taken at that meet'ing "to continue the request indefinately until the applicant, through the staff, submits adequate data to support a revision to the policy." Federal Land Company has completed a study, a copy is enclosed on pages Of through , and would like an opportunity to present the results an further the request for an additional off -sale liquor license at this meeting. As background information, action was taken at the July 16, 1985 meeting, to amend the off -sale liquor license policy by defining new geographic boundaries. It was also determined at that meeting that. the number of off -sale liquor licenses would remain at four (4). For a copy of the Off -Sale Liquor License Policy, refer to page( D� - ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a change in the Off -Sale Liquor License Policy to allow for one additional off -sale liquor license to be granted within a specific area of the City. • 97 W Federal Land Company Yankee Square Office III • 3460 Washington Drive • Suite 202 • Eagan, Minnesota 55122 • Tel. 612-452-3303 April 11, 1986 Mr. Thomas Hedges, City Administrator City of Eagan P.O. Box 21-199 3830 Pilot Knob Road Eagan, Mn. 55122 RE: Off Sale Liquor License • Dear Mr. Hedges: It was requested at the March 19, 1986 meeting of the City Council that adequate data must be supplied to support a revision of the number of off sale liquor licenses issued in the City of Eagan. I have enclosed a study as prepared by our staff reviewing the off sale i liquor license policy of 21 cities in the surrounding metropolitan community. This information was obtained by contacting each city on the list. The average number of licenses issued per person, based on the enclosed information, is one license per 3,459 people. You will also note that of the 21 cities contacted a great majority of them had no limitation at all on the number of licenses issued The purpose of this study was not to recommend that the City of Eagan should remove the limitation on the number of off sale liquor licenses that can be issued, but rather by allowing one more off sale •liquor license the ratio would change from 1 per 8,063 (32,250 divided by 4) to 1 per 6450 residents. By allowing one more off sale liquor license there should be no substantive change. By referring to the enclosed study you can see that Eagan would still be above the average of one license per 3,459 residents. Due to Eagan's growth over the last fiveears the y population could easily support one more off sale liquor license. Historically, in the areas where there is an unlimited number of licenses, the market and availability of desirable locations are the self-limiting factors. The Town Centre -Eagan Shopping Center is being developed with a downtown concept which will provide a complete range of services. Federal Land Company will have no vested interest in obtaining this off sale liquor license other than being able to include this as one of the services available to the community in our Town Centre -Eagan Shopping Center. i 4 Federal Land Company Mr. Thomas Hedges, City Administrator April 11, 1986 Page 2 Therefore, Federal Land Company would request that the City Council allow one additional off sale liquor license in the City of Eagan at this time. Sincerely, Martin F. Colon MFC/ap • Encl: S9 I OFF SALE LIQUOR LICENSE INFORMATION CITY POPULATION* NO. AUTHORIZED NO. ISSUED NO. PERSONS PER LICENSE Apple Valley 21,818 Municipal Only Arden Hills 8,012 No Limit 3 2,671 Bloomington 81,831 No Limit 25 3,273 Burnsville 35,674 No Limit 8. 4,459 Eden Praire 16,263 Municipal Only Golden Valley 22,775 No Limit 8 2,847 • Hopkins 15,336 12 8 1,917 Inv. Grv. Hts. 17,171 No Limit 6 2,862 Lake Elmo 5,296 No Limit 2 2,648 Minneapolis 370,951 1/5,000 people 54 6,869 Newport 3,323 No Limit 3 1,108 Oakdale 12,123 No Limit 3 4,041 Plymouth 31,615 No Limit 11 2,874 Richfield 37,851 Municipal Only ®Robbinsdale 14,422 Municipal Only St. Louis.Pk. 42,931 No Limit 9 4,770 St. Paul 270,230 1/5,000 people 58 4,659 Shoreview 17,300 No Limit 6 2,883 Stillwater 12,290 No Limit 0 0 W. St. Paul 18,527 8 8 2,316 Woodbury 10,397 No Limit 2 5,149 *Population figures are based on the most current census figures. STUDY AS PREPARED BY THE STAFF OF FEDERAL LAND COMPANY BY CONTACTING EACH CITY LISTED ABOVE. ORDINANCE NO 26, 2ND SERIFS AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 5, ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY AMENDING PROVISIONS REGULATING THE NUMBER OF OFF -SALE. LIOUOR LICENSES. THE CITY COUNCIL OF THE CITY OF FAGAN DOES ORDAIN: Section 1. Eagan City Code, Chapter 5, is hereby amended by amending a Section to read as follows: Section 5.52, Liquor License Restrictions and Regulations Subdivision 12. No more than four (4) off -sale licenses may be issued. They must be geographically spaced so that one license shall be located in the north area (southerly boundary shall be Silver Bell Road - Wescott Road excluding Silver Bell Shopping Center); one in the southeast area; and two in the southwest area with the easterly boundary located along the Interstate I -35E right of way. The Silver Bell Shopping Center shall be included in the southwest area. The Council reserves the right to determine specific compliance with this subdivision. Section 2. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: is Clerk Date Ordinance Adopted: July 16, 1985. Date Ordinance Published in the CITY OF EAGAN CITY COUNCIL Its Mayor legal newspaper: February 6, 1986 L9/ Agenda Information Memo May 6, 1986, City Council Meeting Page Thirty -One EAGAN 40 PD AND PRELIMINARY PLAT OF DEERFIELD ADDITION D. Extension for Eagan 40 Planned Development and a Preliminary Plat of Deerfield Addition --The Advisory Planning Commission held public hearings on March 25 and April 22, 1986, to consider an extension of the Eagan 40 Planned Development and further a preliminary plat entitled Deerfield Addition. Action was taken by the APC to recommend an extension of the Planned Development Agreement and secondly to approve the preliminary plat, subject to certain conditions. For additional information on this item,, refer to the staff reports, ® copies are enclosed on pages �gthrough //Z. . There was a question• raised by the applicant as to whether the extension of the planned unit development for the Eagan 40 project required a public hearing. Mr. Dave Sellergren. representing the applicant, provided a memorandum, copies are attached on pages IL3 through /�Jo for your review. The Park and Recreation Commission is recommending a cash donation for the proposed development. For action that was taken by the Advisor Planning Commission on this item, refer to pages // through // ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a three (3) year extension for the Eagan 40 Planned Development. and 2) a preliminary plat of Deerfield Addition. 9z z MEMO TO: PAM MC CREA, CHAIRPERSON & ADVISORY PLANNING COMMISSION FROM: DALE C. RUNKLE, CITY PLANNER DATE: APRIL 16, 1986 SUBJECT: EAGAN 40 LIMITED PARTNERSHIP PLANNED DEVELOPMENT DEERFIELD ADDITION PRELIMINARY PLAT At the March 25, 1986, Advisory Planning Commission meeting, the Commission continued the Deerfield preliminary plat in order to obtain more specific information. The first issue discussed by the APC, regarded the storm sewer for this development. The Engineering Department has reviewed this area and has determined that there will be a dry pond in the low area and that the existing storm sewer in Thomas Lake Road is at an adequate ® depth to pick up low area of this development. Therefore, it is requested that the storm sewer be extended into the low area at the elevation requested by the City Engineer. The second issue discussed by the. APC was the park review for this development. The Park Commission has reviewed this preliminary plat and is suggesting that., if approved, it should be subject to a cash dedication per unit and that a trail be provided on the south side of Diffley Road. This would fulfill park dedication requirements for this planned development. The third issue discussed was a request for more detailed land use information. Staff has included exhibits of the Eagan 40 Limited Partnership Planned Development, showing the layout for road access and number of units allowed in the planned development. This should provide the detailed land use background, as requested, as to how ® this would compare with the development plan submitted as Deerfield Addition. The last, and most crucial issue, was how this planned development would fit in accordance with a new ordinance adopted March 19, 1986, and published April 10, 1986 entitled "Land Use Regulations by Adding Provisions for Public Hearing Renewal, Extension and Termination of Planned Unit Developments". The City staff has requested the City Attorney to provide direction to the APC as to the impact of this ordinance on the Eagan 40 Limited Partnership Planned Development. Enclosed with this memorandum is the planned development review and a copy of the City Attorney's memorandum for your review. 1OR City Pla finer Enclosures DCR/jh �3 r HAUGE, EIDE & KELLER, P.A. ATTORNEYS AT LAW WATER VIEW OFFICE TOWER. SUITE 303 1200 YANKEE DOODLE ROAD EAGAN. MINNESOTA 55121 PAUL W. HAUGE . KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN MICHAEL J. MAYER April 17, 1986 Mr. Thomas L. Hedges City Administrator 3830 Pilot Knob Eagan, Minnesota 55122 Re: Eagan 40 Planned Developments/Deerfield Addition Dear Tom: AR" CooE 512 TELWHCHE 455-8000 454.4224 An application has been received from Charles Henrich for preliminary plat approval for proposed Deerfield Addition in the Northwest Quarter of Section 28 consisting essentially of the Eagan 40 Planned Development. The question that's arisen is whether the Eagan 40 Planned Development agreement was extended beyond its initial ten-year term through November of 1975, and if so, whether a three-year option has begun and in addition, whether the City Code requires a public hearing for an extension of a planned development. History Planned development for the Eagan 40 was signed effective November 5, 1975 and paragraph four provides under term of planned development the forty -acre parcel was to be completed within ten years from the date of the agreement and that the developer would agree that it would not contest the withdrawal of the approval of the planned development at the end of the ten-year period. Paragraph four goes on to state, however, "developer may request two extensions of three years each by submitting a written request to Eagan at least 180 days prior to the successive anniversary dates of this agreement. Eagan may in sole discretion approve or deny the requested three-year extensions." licable Ordinance Provisions Code Section 11.20, Subd. 8D requires that a planned development agreement be entered into as a part of approval of the preliminary plan as part of a planned development. Code Section 11.20, Subd. 8E requires annual reviewal and in the event that the developer has not substantially complied with the agreement that the Counsel may in its sole discretion remove the superimposed planned development by resolution after a duly advertised public hearing and if terminated, the planned area with the P.D. shall automatically revert to its prior basic zoning classification. (F�1_ Mr. Thomas L. Hedges April 17, 1986 Page Two Code Section 11.40, Subd. 6 numbers the procedure for applications for planned developments including the planned development under Section C of the same subdivision. An amendment to Section 11.20, Subd. 8E adopted by the City Counsel on March 22, 1986 and recently published in the legal newspaper requires a public hearing by the Advisory Planning Commission and a determination by the Counsel whether to extend the planned development. ® Analysis A joint meeting of the Advisory Planning Commission and Counsel was held on November 12, 1985 for the annual review of all planned developments in the City including Eagan 40 P.D. Because of the expiration date the staff recommended the request for extension of the planned development which presumably was in writing in conformance with the ordinance, although we have no showing that the 180 day request for.extension was submitted in writing as required by the ordinance, that it be placed on a later agenda. A motion was adopted at that meeting for continuation subject to several issues including the developer requesting the City Counsel for an extention of a maximum of three years. In addition, the formal hearing requirement is also discussed at the same meeting. _ A request was made that the staff prepare an amendment to the City Code to provide for public hearing and as I recall it was prepared in December to be • placed on the January Advisory Planning Commission agenda, it was delayed until the February 1986 Planning Commission meeting and was recommended for approval and then was adopted by the City Counsel at its March 22, 1986 meeting. Some of the relevant issues include the following: 1. The formal requirement for a hearing on an extension was not in place at the time of the scheduled expiration of the ten years. 2. If there was a written request for extension beyond 180 days prior to the expiration date, that of course would influence the hearing requirement.. 3. It is our understanding the underlying zoning is agriculture in this property. 4. In effect, the Planning Commission and City Counsel have not acted on the extension and therefore it was recommended that a hearing be scheduled for the Advisory Planning Commission which is now set for April 22, 1986 to consider the extension of the planned development. Mr. Thomas L. Hedges April 17, 1986 Page Three It 5. At the March 26, 1986 public hearing before the Advisory Planning Commission on Deerfield Addition the motion was made to continue the application until the next regular meeting to provide for a public hearing regarding the extension of the planned development if it was necessary to do. In addition, the Planning Commission requested further detail regarding the application. Very yours, HAUGE IDE S KELLE , P.A. Paul H. Hauge PHH:cjb PLANNED DEVELOPMENT REVIEW NAME OF P.. D.: EAGAN 40 LIMITED PARTNERSHIP (75-3) OWNER/DEVELOPER: DAN DOLAN LOCATION: NE2 OF THE NW; OF SECTION 28 DATE INITIALLY APPROVED: NOVEMBER 5, 1975 TERM OF P.D.: 10 YEARS DATE REVIEWED: NOVEMBER 12, 1985 PREPARED BY: JIM STURM • I. LAND USES PARCEL ACRES LAND USE DWELLING UNITS A 2.2 R-3 16 B 19.2 R-4 230 C 13.0 R-3 92 R.O.W. 5.2 TOTAL 39.6 II. ACTIVITIES WHICH HAVE OCCURRED DURING THE PAST YEAR There was no activity in 1985. The developer is requesting an extention to the original 10 year P.D. that expires in January. {.: III. PROPOSED CHANGES - s' There have been no plans submitted by the developer requesting changes in 1985. IV. PLANNED DEVELOPMENT. AGREEMENT The original agreement was- for 10 years (expires in January 1986) with an option to request two - three year extentions. V. PROBLEMS AND CONCERNS With the opening of 35E the developer is hoping to receive more inquiries/options on this property. The original agreement was amended to reflect the land use of R-3 and R-4 with no n ' Cou�•1 �e..Z. 3c Parcel B 19.2 acres ± Land use R-4 230 Dwelling Units i Parcel A 3 2.2 acres - Land use R-3 C 16 D.U. e Parcel C 13 acres ± Land use R-3 92 Dwelling Units yrs � !•• \ ..j\a--+-Via.,-�1�. ��'=J�',I� ` .. •�`. ��I J `� �\ . / •' /�/ice , �...��� .�—rzi;'.\,\� ` \.1� Dn'{�CC�n/I �•'1 DO JO 902 11 ' ��r , \\: \::• \ i• �i 1 1' j cZI=, / . , / 1 / .��lif •\�\\�'--_a.' / DE. TES r' •� �=� '_.'PARCEL lTi. �` BUIL DING 1S3 1 ,1, �..;� � AREA � /. /• � 1 ,.• •tel �J r �� ihl �_-�•�.'���\` _...__-� �I- •�/ � ___. __ !\. r J - ' '\ -cc^^l t/ I`/. /•'lam • 1 Mo CITY OF EAGAN SUBJECT: DEERFIELD ADDITION - PRELIMINARY PLAT APPLICANT: CHARLES HENRICH LOCATION: NA, SECTION 28 EXISTING ZONING: PLANNED DEVELOPMENT (EAGAN 40) DATE OF PUBLIC HEARING: MARCH 25, 1986 DATE OF REPORT: MARCH 18, 1986 REPORTED BY: PLANNING & ENGINEERING DEPTS ® APPLICATION: An application has been submitted requesting a preliminary plat for 324. rental apartments on the Eagan 40 Planned Development site south of Co Rd 30 (Diffley Rd) and just west of Thomas Lake Rd. ZONING & LAND USE: The Eagan 40 P.D. was to expire in January, 1986, after sitting idle for 10 years. The 39.6 acres were approved for 338 building. units. Thomas Lake Rd splits approx. 2.2 acres to the east. from the rest of the. site. There is no building planned for this area at this stage of development. A proposed road extension (Deerfield Rd), connecting Thomas Lake Rd and Johnny Cake Ridge Rd, was shown in the P.D. layout. This will pass through undeveloped R-4 (multiple) and RB (roadside business) zoning districts to the west. The road as shown in the preliminary plat site plan reflects that of the original conceptual plan • as does the entire site plan. Undeveloped agricultural land is to the north across Co Rd 30 and a P.D. with underlying agri- cultural (A) zoning abuts this site to the east. The 100' Williams Brother Pipeline bisects this site in a south to northeast manner. The topography is rolling but generally flows toward a ponding area near the center of the site. A deep ravine that enters the .ponding area from the west is wooded as is the area .along the SE property line. Other smaller tree stands dot the site. SITE PLANNING: The project is. to be developed in 3 phases. The first consisting of 3. buildings along the southeastern portion of the site and the recreational/commons area. Phase 2 will contain 2 buildings south of Deerwood Rd and west of the pipeline easement. Phase 3 will include 4 buildings with a private drive extending south from 'Co Rd 30. This private drive will also connect with Deerfield Rd. All 9 buildings contain 36 units and provide underground parking. 324 10' x 20' outside parking stalls will be required. They .have been shown on the submitted preliminary plan. The proposed plat meets all City Code require- ments in terms of setbacks, lot coverage, density and parking requirements. /0 DEERFIELD ADDITION PRELIMINARY PLAT MARCH 25, 1986 PAGE 2 The applicant intends to create a "New England" type atmosphere with this project. The buildings are designed to have the feel of a large manor home. They will be 3 story (30 - 35' height) gabled and have high pitched roofs. The exterior will consist of brick and horizontal lap siding. There are 5 individual unit types proposed ranging in size from 836 S.F. to 1285 S.F. Some ' units may contain fireplaces. Other amenities include full washers/ dryers, built-in micro waves, elevators, a 2500 S.F. meeting room/recreational facility and tennis courts. Rents will vary from the high $600's to middle $700's. s GRADING/DRAINAGE: The preliminary grading plan the applicant submitted for this site is feasible and complies with all City Code requirements. The final grading plan will have to show erosion control measures. In addition to the site grading, staff • recommends that this development also grade the southwest corner of the intersection of Thomas Lake Road and Diffley Road to provide for a minimum 400' site distance. The intersection now is extremely dangerous because of the short site distance to the west. This proposed development is located within Major Drainage District B. Hills and basins typify the existing topography within this development. The majority of this area drains into a basin at an elevation of about 900 located near the center of this proposed development. Meanwhile the perimeters of this development generally drain away from this site. The grading will not be changing any existing drainage patterns. The first phase of this development will not require any trunk storm sewer extensions. UTILITIES: Sanitary sewer of sufficient size, capacity and depth exists at Clemson Drive and at Baylor Court to provide service to this proposed development. Water main of sufficient size and capacity is in place along Thomas Lake Road and County Road 30. STREETS: Thomas Lake Road and Diffley Road border this development on the northeasterly corner and northerly boundary respectively. Thomas Lake Road is a City street designated as a community collector street. Diffley Road is a rural two-lane County Road under the jurisdiction of Dakota County. Thomas Lake Doad is built to its ultimate design, while Dakota County has tentative plans for upgrading County Road 30 in 1988. The proposed internal public street, Deerfield Road, will eventually connect Thomas Lake Road and Johnny Cake Ridge Road providing a regular 32 ft. wide roadway. Staff estimates the total trip generation from this site to be about 2,000 trips per day. If the private access is not granted to Diffley Road, then DEERFIELD ADDITION PRELIMINARY PLAT MARCH 25, 1986 PAGE 3 Deerfield Road will have to handle all 2,000 trips. If the access is granted onto County Road 30, then staff estimates Deerfield Road would have to handle about 1,000 trips per day. If a right -in right -out only is approved at County Road 30, then Deerfield Road would have to handle between 1,000 and 2,000 trips per day. Staff recommends a 36 ft. wide roadway for Deerfield Road. This would mean handling about 2,000 trips per day, the worst case situation. This width would also provide for adequate traffic flow with parking or stalled vehicles along one side of the road. ® RIGHT-OF-WAY/EASEMENTS: This development will have to dedicate a 65 ft. half right-of-way for Diff ley Road. Also, this development shall dedicate on the final plat a full 80 ft. right- of-way for Thomas Lake Road, which is presently dedicated as an easement. Because of the recommended 36 ft. width for Deerfield Road, staff would recommend increasing the right-of-way dedication to 66 ft. This development will have to provide for easements over all public utilities not located within public right-of-way. Water main easements shall be a minimum of 20 ft. in width, with the sanitary sewer and storm sewer easements being a minimum of 30 ft. in width. This development will be responsible for dedicating all standard easements required by City code. PERMITS: This development will be responsible for obtaining the following permits: ® 1. MPCA - Sanitary sewer extension. 2. Mn Dept. of Health - Water main extension. 3. Dakota County - Grading within County right-of-way. 4. Williams Brothers Pipeline Company - Grading within easement. ASSESSMENTS: City assessment records indicate this development is responsible for trunk area storm sewer for Parcel 010-25 and 010-26. All other trunk related assessments have been assessed at the correct zoning rates. In addition, this development will be responsible for future street upgrading assessments for Diffley Road and future trailway assessments along Diffley Road. (See Figure 2). _ The following table summarizes these obligations. /c3 DEERFIELD ADDITION PRELIMINARY PLAT MARCH 25, 1986 PAGE 4 Description Trunk Area Storm Lots 1-3 Outlot A,B,C Street (Future) Multiple Equivalent Outlot A Outlot C Trailway Outlot A Outlot C ASSESSMENT SUMMARY TABLE Estimated 1986 Quantity Rate Amount 344,124 sq.ft. $0.064/sq.ft. $21,384 1,180,476 sq.ft 0.064/sq.ft. 75,550 900 f.f. (1) $63.36/f.f. $57,024 (1) 180 f.f. 63.36/f.f. 11,405 975 l.f. $11.81/l.f. $11,515 255 l.f. 11.81/l.f. 3,012 TOTAL $179,890 (1) Includes 75' corner lot credit Staff will use the rates in effect at the time of final platting along with the final plat areas to determine the final assessment obligation of this development. These assessments may either be • paid at the time of final plat approval or spread as an assessment by way of a Waiver of Hearing. This development shall be solely responsible for all costs of internal streets and utilities. 16� DEERFIELD - PRELIMINARY PLAT PAGE 5 CONDITIONS: 1. The developer shall comply with all standard engineering recommendations which apply. 2. The developer shall do the necessary grading at the southwest corner of Thomas Lake Road and Diffley Road to provide for a minimum of a 4001 site distance. 3. If the utilities are installed under a public contract, then Council must authorize the project before' final plat approval. 4. This development shall dedicate the following right-of-way widths: a. 65 ft. half right-of-way for Diffley Road. b. 80 ft. full right-of-way for Thomas Lake Road. ®C. 66 ft. full right-of-way for Deerfield Road. 5. This development shall be responsible for dedicating a minimum of 20 ft. width utility easement for water main and 30 ft. utility and drainage easement for sanitary and storm sewer not within public right-of-way. 6. The development shall be required to obtain the necessary permits and approvals from the following: a. MPCA - Sanitary sewer extension permit. b. Mn Dept of Health - Water main approval. C. Dakota County - grading within right-of-way permit. d. Williams Brothers Pipeline - grading within easement permit. ® 7. This development will be responsible for its trunk area storm sewer, future street upgrading multiple equivalent assessments, and trailway assessments at the rates in effect at,the time of final platting. 8. This development shall be responsible for all costs of installing the internal public streets and utilities. 9. A time extension be granted to the original 10 year P.D. Agreement for enough time to complete the project. (The original Agreement had an option to request 2 three year extensions). 10. An Environmental Assessment Worksheet (EAW) be prepared and submitted for staff review prior to the issuance of any building permits. 11. The . garage shall be included in the rental unit price if if only..2 stalls per:unitoare::provided ::ithithe_project. /D5 DEERFIELD - PRELIMINARY PLAT MARCH 25, 1986 PAGE 6 12. The project shall be subject to Park Commission's review and comment regarding park dedication. 13. A detailed landscaping plan shall be submitted including a bond which shall not be released less than one year after landscaping is completed. E • 16� MEMO TO: CHAIRPERSON MC CREA & THE ADVISORY PLANNING COMMISSION FROM: JIM STURM DATE: MARCH 20, 1986 SUBJECT: DEERFIELD PRELIMINARY PLAT NEIGHBORHOOD MEETING On Wednesday evening, March 19, 1986, a neighborhood meeting was held at the Eagan Library. The applicant, Charles Henrich, the site engineer and 15 area residents were present. A concern expressed by the residents of the Thomas Lake Heights Addition was the proximity of one building to the southern property ® line in the phase one development of Deerfield (along the SE portion of the site). The applicant has agreed to study an alternative where the third building would be removed and relocated in the phase 2 development to the west. This would keep approximately 200of property (a sumac hillside) in its natural state and act as a buffer between the 2 developments. This alternative will be drawn up prior to the March 25 Advisory, Planning Commission meeting for your review. The residents also requested that a condition for approval be that the remaining 2 building pads in phase one be field staked prior to the April 15, 1986 City Council meeting. The applicant agreed to this condition. �a7 0 • :1r A A TA_ !Y- b JANTNFA "ice" �l Af James R Hill• inc- CHARLES R. MENRICN DEERFIELD DEVELOPMENT PRELIMINARY r PLANNERS / ENGINEERS /SURVEYORS arae ca�a Laaca oaiaA EAGAN AO LTO. GRADING PLAN aPiu asaaa Af �06I2 2 4.0 54 0 0 PARKVIEW GOLF COURSE FIG. *1 city of eagan approved: ard STORM SEWER #: PUBLIC WORKS DEPARTMENT MASTER PLAN 846 0 653.2 i. 54 0 0 PARKVIEW GOLF COURSE FIG. *1 city of eagan approved: ard STORM SEWER #: PUBLIC WORKS DEPARTMENT MASTER PLAN IlWl'II U111L �IINNNWNNWNIWININNXININN � h A TV— ji 915 I SUN 00r/ 1 OUYLOT A R] r R] RUO 6 - I of DDnOTO If / lY I V r E f \ r`r7 - C`�,. i _ / I 1 Ra % R] / 1, 1 une . � I CMARLEa R. HEXRICN DEERFIELD DEVELOPWI PRELIMINARY PUT roff -- FLAMERS/ENGINEERS/SURVEYORS nae uYnelca Dena lelae•YY.'efeae EAGAN AO LTO _ I I R3 PUD R] PUD L- ,G0 C 121ti� LQ�EQ1�e nwlxoi Fw(t�P—E �— James R. Hill, r— CMARLEa R. HEXRICN DEERFIELD DEVELOPWI PRELIMINARY PUT roff -- FLAMERS/ENGINEERS/SURVEYORS nae uYnelca Dena lelae•YY.'efeae EAGAN AO LTO _ --rtPLPE9kLk.1C 0 i 1500 NORTHWESTERN FINANCIAL CENTER 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431 TELEPHONE 161 21 8 3 5-3800 TELECOPI E R:161 21 835 5102 REPLY TO MINNEAPOLIS OFFICE DAVID C. SELLERGREN April 18, 1986 RECEIVED Hrit'z L.ARKIN, HOFFMAN, DALY& L,INDGREN, LTD. 222 H3 NFNTTH SIR FRAY ETR LAW MINNEAPOLIS. MINNESOTA 55402 ATTORNEYS AT L:- W TELEPHONE 16121338 6 610 TE LECOPIER: 16121338 1002 Paul Hauge HAUGE, EIDE & KELLER Water View Office Tower, Suite 303 1200 Yankee Doodle Road Eagan, Minnesota 55121 RE: Eagan 40 Dear Paul: Enclosed is a copy of a memorandum I provided to Dan Dolan. It sets forth some of my thoughts regarding the confusion surrounding the Amended Eagan Estates Planned Development Agreement, its extension and the Deerfield Addition proposal. You may wish to review it for whatever assistance it may have to you in rendering advice to the Planning Commission and Council, if any legal questions arise. Sincerely yours, • David C. Sellergren, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd DCS/ssg Enclosure cc: D. Dolan D. Runkle V/ //3 1500 NORTHWESTERN FINANCIAL CENTER 7900 %ER%ES AVENUE SOUTH BLOOMINGTON. MINNESOTA SS4 II TELEPHONE'161!IS:S i6Ck1 TELECOVIFR 61 1183S 5101 LARKIN, HOFFMAN, `IT`FR AY DALY & LINDGREN, LTD. '2 COUTHIAFFNINTH STHETR 1 -T�� \ w ` y� SIINNEZPk%IS MINNESOTA 55401 .11 lL!RIV'�1' AT L.��V it I,O NE. 6111, 186610 P, F.0 (!P!f R 16121 I38 1101 M E M O R A N D U M TO: EAGAN 40, A LIMITED PARTNERSHIP FROM: DAVID C. SELLERGREN DATE: APRIL 10, 1986 SUBJECT: AMENDED EAGAN ESTATES PLANNED DEVELOPMENT AGREEMENT - DEERFIELD ADDITION This Memorandum sets forth the proposition that Deerfield Addition should be approved by the City of Eagan because it is consistent with the Amended Eagan Estates Planned Development Agreement, dated November 29, 1982 (Agreement), and with the current zoning classification. In succinct form, the reasons are as follows: 1. First, both the Agreement and Eagan ordinances clearly state than an affirmative action of withdrawal of planned development approval is required before termination of the rights set forth in the Agreement. That action has not occurred, therefore the approval remains in effect. 2. The application for Deerfield Addition was submitted • several months ago when the Agreement undisputably remained in force. 3. The new Eagan ordinance requiring public hearings before planned development agreement termination was not yet effective as of the date of the application for or the public hearing on Deerfield Addition held March 25, 1986. 4. The land owner has deeded community collector road right of way and paid assessments for road and water service based on the circulation plan, uses, and densities in the Agreement. 5. The applicant for Deerfield Addition has invested substantial sums in preparing its application and for land acquisition preceding any City notices of intent (none have been sent) or any hearings related to withdrawal of approval of the Agreement. LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW 6. The proposed Deerfield Addition is substantially consistent with the uses, densities, and circulation set forth in the Agreement. 7. The proposed Deerfield Addition is substantially consistent with the current Planned Development zoning classification. ® The Agreement allows development of the property for 338 residential units and commits the City to revise the Land Use Guide Plan to provide for R-3 and R-4 use (Sections 6 and third "Whereas" clause). Pursuant to the Agreement, Eagan agreed to rezone the property to Planned Development and agreed to permit development in accordance with the Agreement (Sections 5 and 1). Deerfield Addition is in accordance with the Agreement. Section 11.20, subd. 8.E., of the Eagan City Code, in effect as of the date of the Planning Commission hearing on March 25, 1986, was silent as to the effect of the expiration of time in a planned development agreement. Therefore, the terms of the Agreement would control. Section 4 of the Agreement states "...developer agrees that it will not contest the withdrawal of said approval at the end of said ten (10) years." No notice or ® action under the terms of the Agreement to withdraw approval was taken as of the hearing date. In fact, in the preceding months on several occasions the land owner was informed that it was not necessary to request any extensions authorized by the Agreement. Therefore, Deerfield Addition was entitled to be considered pursuant to the terms of the Agreement. Even if the current form of Section 11.20, subd. 8.E., was or is applicable to Deerfield Addition, it clearly sets forth a requirement that there be an affirmative action by the City Council to terminate a planned development agreement. No such action has been taken. Therefore, Deerfield Addition should be reviewed and approved in accordance with its consistency with the Agreement. The Agreement is the contractual and textual statement of what the City and the land owner agreed in 1982 should occur under Planned Development zoning and the Comprehensive Guide Plan. The Comprehensive Guide Plan and zoning district were to be amended according to the Agreement. The City neglected to amend the Guide Plan, but it did change the zoning to Planned Development. Planned Development zoning applies to the land. L,ARKIN; HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW The Comprehensive Guide Plan specifically states, as to the relationship of the plan to planned development agreements, "that, development is permitted to occur as specified in the Planned Development Agreements." (Page X-6, Eagan Comprehensive Guide Plan.) Minnesota Statutes, Section 462.357 subd. 2, further states, "(i)f the Comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance supersedes the plan." Even if it is argued that the Agreement expired on its own without formal action by the City, contrary to its terms and Eagan ordinances, the Planned Development zoning remains in force. The application for Deerfield Addition was submitted and funds were expended in reliance on the Planned Development zoning. Deerfield, Addition is consistent with the current zoning. Thus, the uses and densities authorized in the Agreement and sanctioned by the Planned Development.zoning apply to Deerfield Addition. The land owner and the applicant"have expended funds and made investments in reliance on the Agreement and Planned Development zoning. The land owner's investments are multiple, but an obvious example is the 1978 conveyance of 80 feet of right of way for Thomas Lake Road at the City's request and at no cost to the City, and the imposition and payment of two- sided assessments totalling approximately $50,000 for the road and utility systems, both designed on the premise of servicing densities contemplated in the Agreement. Thomas Lake Road was moved by the City from adjoining property and disected the Eagan 40 land. The applicant has paid application fees, has incurred design and engineering costs, and has paid option fees on the land in reliance on the Agreement and zoning. Therefore, Deerfield Addition should be approved because of its consistency with the Amended Eagan Estates Planned Development Agreement and Planned Development zoning which remain in effect. DCS:AI7 3. )/4 APC Minutes April 22, 1986 EAGAN 40 PLANNED DEVELOPMENT - EXTENSION AND DEERFIELD ADDITION - PRELIMINARY PLAT Chairperson McCrea then opened the hearing for an extension of planned development for Eagan 40 "Planned Development and the preliminary plat of Deerfield Addition containing 324 apartment units on approximately 40 acres located in part of the northwest quarter of Section 28, at County Road 30 and Thomas Lake Road. City Planner Runkle indicated that the extension of the planned development should be considered prior to preliminary plat and gave a brief history of the planned development. He indicated that a letter was submitted by the developer requesting an extension of the PUD which was tabled at the November 1985 PUD Review. At this time, David Bohne arrived. A revision to the Subdivision Ordinance regarding renewal and extension of ® PUD's had been enacted effective March 22, 1986. Assistant City Attorney Dave Keller advised that if the developer had made a written request for extension of PUD, it would help support the Advisory Planning Commission's decision, if it should decide to recommend approval of an extension of a PUD. An appearance was made by Mr. Dan Dolan, owner of the subject parcel. There were no appearances by any members of the general public. After some discussion, member Hall moved, and Voracek seconded the motion to recommend a three-year extension of the planned development. All voted in favor except Chairperson McCrea who voted nay. Charles Hall then moved, McCrea seconded the motion to recommend approval of the preliminary plat of Deerfield Addition, containing 324 apartment units on approximately 40 acres, subject to the following conditions: 1. The developer shall comply with all standard engineering recommendations which apply. 2. The developer shall do the necessary grading at the southwest corner of Thomas Lake Road and Diffley Road to provide for a minimum of a 400 foot site distance. 3. If the utilities are installed under a public contract, then Council must authorize the project before final plat approval. 4. This development shall dedicate the following right-of-way widths: a. 65 feet half right-of-way for Diffley Road. b. 80 feet full right-of-way for Thomas Lake Road. C. 66 feet full right-of-way for Deerfield Road. 5. This development shall be responsible for dedicating a minimum of 20 foot width utility easement for water main and 30 feet utility and drainage easement for sanitary and storm sewer not within public right-of-way. APC Minutes April 22, 1986 6. The development. shall be required to obtain the necessary permits and approvals from the following: a. MPCA - Sanitary sewer extension permit. b. Minnesota Dept. of Health - Water main approval. C. Dakota County - Grading within right-of-way permit. d. Williams Brothers Pipeline - Grading within easement permit. 7. This development will be responsible for its trunk area storm sewer, future street upgrading, multiple equivalent assessments, and trailway assessments at the rates in effect at the time of final platting. 8. This development shall be responsible for all costs of installing the internal public streets and utilities. • 9. A time extension be granted to the original 10 year P.D. Agreement for enough time to complete the project. (The original Agreement had an option to request 2 three year extensions). 10. An Environmental Assessment Worksheet (EAW) be prepared and submitted for staff review prior to the issuance of any building permits. 11. The garage shall be included in the rental unit price if only 2 stalls per unit are provided with the project.' 12. Thedevelopershall provide a cash dedication in accordance with standard requirements, in addition to dedicating a trailway along the south side of Diffley Road. 13. A detailed landscaping plan shall be submitted including a bona which shall not be released less than one year after landscaping is completed. 14. Because the PD provides a total of 338 units of which 322 are now being used, the parcel east of Thomas Lake Road shall be developed as a residential parcel with no more than 16 units. All voted in favor. City Planner Runkle advised the Commission that the plan had been revised somewhat, moving one of the apartments further away from the development just south of the proposed plat. RESIDENCE INN - COMPREHENSIVE PLAN AMENDMENT The hearing regarding the request for a Comprehensive Plan amendment to RB (Roadside Business) from LB (Limited Business) for Residence Inn consisting of a 120 unit hotel on 4.36 acres (located within the Eaganaale LeMay Lake 2nd Addition Planned Development) and part of the north half of Section 10, south Agenda Information May 6, 1986, City Page Thirty -Two Memo Council Meeting COMPREHENSIVE PLAN AMENDMENT AND PRELIMINARY PLAT LEMAY LAKE 2ND ADDITION E. Comprehensive Plan Amendment to RB for Residency Inn and Pre- liminary Plat of Lemay Lake 2nd Addition --A public hearing was held before the Advisory Planning Commission at. their February 25, 1986 meeting, to consider a rezoning and preliminary plat application submitted by the Opus Corporation for the -Lemay Lake 2nd Addition project. The APC recommended approval of the applica- tion. It was determined at the March 19, 198'6 City Council meeting that a Comprehensive Guide Plan amendment was required for the • Residence Inn project.. The APC held a public hearing at their last regular meeting on April 22, to consider the Comprehensive Guide Plan Amendment and is recommending approval. The Commission also reviewed the preliminary plat, recognizing that. only the Residence Inn portion of the original development will be platted at this time and is recommending approval of the revised' plat. For additional information rega ding the original application, refer to pages /7-0 through /4 . For a copy of the revised Eagandale Lake 2nd Addition plat., refer to page For additional information that was submitted to the APC at the April 2 ' '2 meeting, refer to pages �,6 through /$3 . The Advisory Parks and Recreation Commission met at its March 6 meeting, and is recommending 1) a cash dedication be required for the platted lot, consistent with the City's policy and 2) that the developer provide a 75 foot. trail easement along Lemay Lake to provide for potential future trail. For action that was taken by the Advisory Planning Commission on this item, refer to pages -16V through �,Pa_. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) the Comprehensive Guide Plan amendment, 2) provide for planned development zoning of the Residence Inn parcel and 3) the prelimi- nary plat for Lemay Lake 2nd Addition, as revised and containing the Residence Inn project. CITY OF EAGAN SUBJECT: REZONING & PRELIMINARY PLAT EAGANDALE LE MAY LAKE 2ND ADDITION APPLICANT: OPUS CORPORATION (RESIDENCE INN) LOCATION: PART OF THE NA, SECTION 10 EXISTING ZONING: NB (NEIGHBORHOOD BUSINESS, GB (GENERAL BUSINESS) & R-4 (RESIDENTIAL MULTIPLE) DATE OF PUBLIC HEARING: FEBRUARY 25, 1986 DATE OF REPORT: FEBRUARY 20, 1986 REPORTED BY: PLANNING & ENGINEERING DEPTS APPLICATION SUBMITTED: The first application is a request to rezone from NB (neighborhood business), GB (general business) & R-4 (residential multiple) to a commercial planned development ® which would include some neighborhood business uses - restaurants, retail sales and gasoline service facilities. LB (limited business) use for a 72,000 S.F. office facility and RB (roadside business) which would allow 120 room hotel - Residence Inn. This entire commercial planned development would consist of approx. 20.5 acres. The Comprehensive Guide Plan designates this 20 acre parcel as an LB (limited business) site and some of the uses fit the LB category, however, most uses are proposed asa higher intensity use than an LB. Some of the commercial/retail 'uses C, are in conformance with the existing zoning on the property. One of the major differences is that the southerly triangle of the property is presently zoned R-4 (residential multiple) and the proposed office building would be consistent with the Comp. Guide designation of LB. The majority of the retail is of a higher intensity than the LB (limited business) district. The- one use that does not fit the zoning or the Comp. Guide would ® be the 120 room Residence Inn Hotel facility. It has been integrat- ed into the overall commercial plan through the planned development process. SITE PLAN: The property is bordered by Lone Oak Rd on the north, 35-E on the east, LeMay Lake Apartments on the west & LeMay Lake to the south. The Opus Corp. submitted an overall sketch plan as to how they foresee this parcel developing with the detailed development plan of LeMay Lake to the west. It was decided that only one access would be used to service both the multiple project and the proposed commercial project on the east. . This 20 acre parcel would have access provided by a loop street where six lots would be created for six specific uses. These uses are . as follows: 1. A service station facility of approx. 3,000 S.F. 2. Retail strip commercial facility approx. 22,000 3. Three restaurant facilities ranging from 10,000 S.F. to 4,000 S.F. both being the sit down& fast food category. I,-6 OPUS CORP EAGANDALE,LE MAY LAKE 2ND ADD FEBRUARY 25, 1986 PAGE 2 4. A Residence Inn containing approx. 4.4 acres and having 120 rooms. 5. An office building of four floors and 72,000 S.F. The applicant is proposing to plat 6 individual lots of which the major emphasis will be on the lot containing the Residence Inn. The detailed site plan, lot 1, block 1, will consist of 4.4 acres and contain a 120 room Residence Inn with lot coverage 21.6%. The .Residence Inn facility is an extended stay hotel of which the average length of stay would be seven days. The site plan consists of 16 buildings, 15 eight-plex units and one gate house which contains approx. 3,000 S.F. for a common office meeting area to be used by the residents. The gate house will have a full basement for storage and laundry facilities available for the residentsuse. The buildings are clustered around an interior courtyard effect with general parking and circulation on the outside around the perimeter of the lot area. As mentioned_ earlier, each unit will be a suite. One out of every four will be a penthouse suite which would contain two bedrooms, two bathrooms, cooking facilities and a fireplace. It is staff's understanding that all units will contain fireplaces and all units will have full cooking facilities. The required parking for the 120 unit hotel would be 135 parking spaces. The applicants are proposing 144, approx. 9 above City Code requirements. There will be a 20' green area from the interior loop roadway with 3 accesses onto Eagandale Place. Good circulation for this facility has been provided. They are providing a common court walk area with an outdoor swimming pool and hot tub facility. The buildings are proposed to be two story, gabled roof with each unit having an exterior entrance from the courtyard area., The setbacks between buildings are approx. 10' to allow pedestrian movement. This setback between buildings is being reviewed by the Bldg. Dept. so that setbacks for fire protection are met. The applicants will .be present at the Feb. 25th meeting with a slide presentation to better inform the APC on the concept of the Residence Inn. At the present time, the major emphasis of this proposed development is placed on the Residence Inn. The other 5 lots are set up to be platted as lots, however, the detailed site plans will be reviewed prior to any of the building permits being issued. The applicants have indicated that as a condition of this plat, the site plans could be reviewed by the APC and City Council prior to permits. Consequently, no detailed review has been done on the remaining lots with the exception that when lot 4 is platted, it should be split into two in order to accomodate the two buildings proposed. /ZI OPUS CORP EAGANDALE LE MAY LAKE 2ND ADD PAGE 3 GRADING/DRAINAGE: The applicant graded most of this site using excess material generated from the I -35E construction in 1983 and 1984. The proposed grading plan is basically a refinement on the existing site grades to accommodate more specific uses as proposed by the applicant. The preliminary grading plan the applicant submitted appears to meet all City codes for grading. This area is located within Major Drainage District D as shown on Figure 1. The site development grading on this site will require construction of storm sewer throughout the site to handle parking lot drainage and street drainage. Under City Contract 85-7, the City installed a 54" storm sewer line down Eagandale Place to provide adequate capacity for upstream areas and this site. This new line is suited to handle the flow from this proposed development site. The City will not have to construct any new trunk storm sewer as a result of this development going in. UTILITIES: Also under City Contract 85-7, the City installed water main and sanitary sewer within Eagandale Place. If the City approves this project, then the water main and sanitary sewer can easily be extended into this site to provide necessary service for this area. Staff would like to see the water main from Eagandale Place extended easterly to connect to an existing 12" water main located near the northeast corner of this proposed development as a condition of approval. This connection would benefit this area by improving water flow characteristics. STREETS: Eagandale Place is an existing City street built to its ultimate design which provides access to this proposed development. The City also constructed this street under Contract 85-7. It will be this development's responsibility to remove the existing turn -around on Eagandale Place and extend the street in a circular fashion to loop back onto itself as shown on the proposed submittal drawings. Staff recommends this roadway width be 36' wide with no parking on either side. Staff recommends that driveways on the internal street for future developments meet the following criteria: 1, where possible, driveways opposite each other shall line up. 2. A 75' offset will be required for driveways which cannot be made to line up. 3. There shall be.a minimum of a 100' separation between driveway center lines on the same side of the street. OPUS CORP EAGANDALE LE MAY LAKE 2ND ADD PAGE 4 PERMITS: The applicant for this development will be responsible for obtaining the following permits or approvals if the applicant chooses to install public utilities under a private contract: 1. MPCA sanitary sewer extension permit. 2. MWCC sanitary sewer extension approval. 3. Mn. Dept. of Health water main extension approval. RIGHT-OF-WAY/EASEMENTS: The 60' right-of-way the applicant is proposing to dedicate for Eagandale Place presents no problems for staff because they are dedicating an additional 20' drainage and utility easement adjacent to the public right-of-way. In addition to the easements required by code, this development will be responsible for dedicating a 20' easement over the water main segment looping to the northeast of this site, which is not located within City right-of-way. ASSESSMENTS: In researching the City's assessment records, portions of Parcels 010-01 and 020-26 and all of Parcels 030-26 and 010-04 were assessed at the multiple rate for trunk area water assessments in 1976 for Improvement #179. Staff proposes that this development be responsible for the upgrading of the trunk water assessment from multiple family to commercial/industrial over the portion of Parcel 020-26 that was assessed at the multiple rate and also over the entire portion of 030-26 and 010-04, which were also assessed at the multiple rate. The following table summarizes the amounts based on 1986 rates. 0 ASSESSMENT SUMMARY TABLE Est'd 1986 Description Quantity Rate Amount Trunk Water Area Upgrading 010-04 0.14 Ac $1,830/Ac (1) $ 256 020-26 3.44 Ac 1,830/Ac (1) 6,295 030-26 5.43 Ac 1,830/Ac (1) 9,937 TOTAL $16,488 (1)Commercial/Industrial Rate - Multiple Rate OPUS CORP EAGANDALE LE MAY LAKE 2ND ADD PAGE 5 Staff feels that Parcel 010-01 has fulfilled its obligations regarding trunk area storm sewer. Staff's reasoning is because the original parcel contained 20 acres with 17.6 acres being assessed at the commercial/industrial rate and the remaining 2.4 acres being assessed at the multiple rate. It would be extremely difficult to determine where the multiple rate was assessed in relation to the residue left after the I -35E taking. Because of the small area (1.92 Acres net) assessed at the multiple rate, staff feels the remaining parcel of 010-01 has fulfilled its obligation for trunk area water main assessments. This development will be responsible for all costs associated ® with the construction of internal utilities and streets. i iz# CONDITIONS: 1. A Planned Development Agreement be entered into & the concept plan for the six (6) lots 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 control- led signage should be.taken for this total. development. 7. All plat conditions shall be adhered to. 8. This development will be responsible for complying with all applicable general engineering conditions. 9. This development will be responsible for looping the water main within Eagandale Place to the existing water main at the northeast corner of this development. 10. This development shall dedicate a 60' right-of-way for Eagandale Place. • 11. A 20' drainage and utility easement shall be dedicated adjacent all public right-of-way. 12. A 20' utility easement shall be dedicated over the water main not located within City right-of-way. 13. All driveways which cannot be made to line up shall be offset a minimum of 75' and there.shall be a minimum of 100' separation between driveways. 14. No driveway shall be constructed closer than 100' to the curb line extension of the street intersection. 15. This development will be responsible for obtaining all necessary approvals and permits if utilities are constructed under private contract. _ 16. This development shall be responsible for the trunk water area upgrading assessment at the rates in effect at the time of final platting. 17. This development shall be responsible for the costs of all internal streets and utilities. I2S C B,p RB PD 74-7 '� RB II A A F _ f.B+3i RB ECrF4s i�/%� �eY NB Fav L GBI ti A •. I. 830 I - PARK V i L �E N - --------- m G) Z m r- F 1> lid is f �i IT11 1 ze If m" Is 611 !frill Hisf - --------- m G) Z m r- Lemay Lake 011lce Y,000 Sq. F3. MOMMUR C IEHI M LEMAY LAKE DEVELOPMENT ILLUSTRATIVE SITE PLAN (OPUS CORPORATION a 1o0 101 loo r1. xoNTx 54* Ixc. JAN. 01, 1011 100 TNIxO 1T...T 10YTN MINN1AI000. MN 310-0100 lomFy lab AyxrMmU BUILDING DATA . ...... . . ... ..... ..... .. .. . . . ........ .. . . ....... .. ... .. ...... ....... .... .... ...... .. -o......... ....... ...... ........ .. I .. . ...... ... 11 ... .. . .. ..... .. ...... ..... I.- I ... I .. ...... ........ ... KORSUNSKY KRANK ERICKSON .1 ARCEIITICTS, INC. ... ... .. 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SUBJECT PARCEL FIG. city of eagan STORM SEWER approved: plate #d PUBLIC _ WORKS DEPARTMENT MASTER PLAN I /3 SUITE RUILDING (COVERED STAIRS) i i4o 01 ; -►1111111.1 V 111 � 1 .11111 111 P 11 liR a s� 1111. 68-0 /33 GROUND FLOOR PLAN C ..STUDIO_ 11 11 C - SUITE BUILDINC mm RESOLUTION EAGAN CITY COUNCIL EAGANDALE LeMAY LAKE 2na ADDITION MARCH , 1986 WHEREAS, two applications were submitted by Northwestern Mutual Life Insurance Company and Opus Corporation to the City of Eagan as follows: a. To rezone from NB (Neighborhood Business) to GB (General Business) and R-4 (Residential Multiple) to Commercial Planned Development, including some neighborhood businesses (restaurants, retail sales and gasoline service facilities), limited business use for a proposed 72,000 square foot office facility .and roadside business use to allow a L21 room residential type motel. b. For preliminary plat approval of proposed Eagandale LeMay Lake 2nd Addition, covering approximately 20 acres at the southwest intersection of Lone Oak Road and I -35E in the City of Eagan; and WHEREAS, at the present time, the property is designated as Limited Business on the Land Use Guide Plan for the City; and ®- WHEREAS, the property is currently zoned Neighborhood Business, General Business and R-4 Residential Multiple; and WHEREAS, the applicant has submitted an overall concept plan with six individual lots proposed including Lot 1, Block 1, consisting of 4.4 acres with a 120 room Residence Inn, an extended stay motel; and WHEREAS, the Residence Inn will provide for a two-story, gabled roof with each unit having an exterior entrance from the courtyard area, with 16 buildings, including fifteen 8-plex units in each building, and one gate house with approximately 30,000 square feet for common office meeting area to be.=" used by the residents; and WHEREAS, the Eagan Advisory Planning Commission at its regular meeting on February 25, 1986 held a public hearing concerning the application, at which time the Planning Commission members reviewed the application in detail and adopted a motion recommending approval of the rezoning to Planned Development, and in addition a motion recommending approval of the preliminary plat, all subject to conditions; and ® WHEREAS, the Advisory Planning Commission reviewed the Land Use Plan designation for the parcel but did not make a specific recommendation concerning a revised designation for the use of the property to conform with the proposed uses; and WHEREAS, a regular meeting of the Eagan City Council was held on March 19, ,:. 1986, all members being present, at which time the City Council reviewed the applications and adopted the following motion: \ NOW THEREFORE, upon motion by , seconded ® it was RESOLVED that the City Council be and it hereby is on record as follows: ALTERNATE A Consideration of the applications shall be continued until , 1986 or until the Advisory Planning Commission has held a public hearing in accordance with the Minnesota statutes to consider and make a recommendation to the City Council concerning a change in the Land Use Plan encompassing the proposed Residence Inn parcel only. 2 ALTERNATE B The applications for rezoning and for preliminary plat approval be and they hereby are denied for reasons including the following: a. The Comp Guide review for commercial uses has not been completed. ALTERNATE C WHEREAS., the City Council does not, as a matter of practice, consider® applications for rezoning, comprehensive plan revision or preliminary plat approval for property where no specific uses are currently planned for the parcels involved, and it is therefore in the best interest of the City in respect to the Opous applications, that the Council not act on those parcels, other than the proposed Residence Inn facility, which specific plans have been submitted to the City; and WHEREAS, the remainder of the parcel shall be treated as a concept proposal only; and • WHEREAS, a public hearing was held before the Advisory Planning Commission according to statute and City code, at which time the proposal was explained in detail and specific plans were submitted in a timely fashion to the City for staff's review and comment and submission to the Advisory Planning Commission and City Council for review and action; and WHEREAS, the applicant has submitted all preliminary plans for detailed grading and drainage, utilities and streets and further will submit all applications for necessary permits to the Minnesota Pollution Control Agency, Minnesota Waste Control Commission and Minnesota Department of Health; and 3 WHEREAS, the proposed uses for the property and in particular the " Residence Inn, substantially. comply with the land use designation for the parcel and in addition, the proposed use designations under the planned development as proposed; and WHEREAS, although there is R-4 zoning on the southerly portion of the property, the proposed Residence Inn is more synonymous with a longer term tenant than that of the ordinary motel user, in that the length of term of the tenants varies from somewhat less than one week to one or two month extended • stays; and WHEREAS, the City has acted upon applications for preliminary plat and rezoning approval if a viable project or proposal for development has been submitted with a specific use designation; and WHEREAS, the City ordinances require the applicant to enter into Planned Development and Development Agreements with the City controlling the development and construction of improvements on the property; NOW THEREFORE, upon motion duly made by , seconded by ® it was RESOLVED that the City Council is on record approving the application for rezoning, subject to the following conditions: L. 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. /3� .. 1 5. Any conditional use permits such as 4 story buildings, pylon signs or arive-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 Eaganaale Place to the existing water main at the northeast corner of this development. 8. This development shall aeaicate a 60 foot right-of-way for Eaganaale Place. • 9. A 20 foot drainage and utility easement shall be dedicated adjacent to all public right-of-way. 10. A 20 foot utility easement shall be dedicated over the water main not located within City right-of-way. 11. Ali driveways which cannot be made to line up shall be offset a minimum of 75 feet and there shall be a minimum of 100 feet separation between driveways. 12. No driveway shall be constructed closer than 100 feet to the cur Line extension of the street intersection. 13. This development shall be responsible for obtaining all necessary approvals and permits if utilities are constructed under private contract. 14. This development shall be responsible for the trunk water area upgrading assessment at the rates in effect at the time of final platting. 15. This development shall be responsible .for the costs of all internal streets and utilities. Those in favor: _ Those against: /—�V 5 • • Upon further motion duly made by seconded by it was RESOLVED that the City Council be on record approving the application of Opus Corporation for preliminary plat approval of Eagandale LeMay Lake 2nd Addition, 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. C 4. Any Conditional Use Permits such as 4 story buildings, pylon signs or drive-thru facilities shall be made with separate applications. 5. All plat conditions shall be adhered to. 6. This development will be responsible for complying with all applicable general engineering and planning conditions. 7. A 20 foot drainage and utility easement shall be dedicated adjacent to all public right-of-way. B. A 20 foot utility easement shall be dedicated over the water main not located within City right-of-way.' 9. All driveways which cannot be made to line up shall be offset a minimum of 75 feet and there shall be a minimum of 100 feet separation between driveways. 10. No driveway shall be constructed closer than 100 feet to the curb Line extension of the street intersection. 6 11. This development shall be responsible for obtaining all necessary approvals and permits if utilities are constructed under private contract. 12. This development shall be responsible for the trunk water area upgrading assessment at the rates in effect at the time of final platting. 13. This development shall be responsible for the costs of all internal streets and utilities. 14. An approved landscaping plan with adequate bond valid for a period of at least one year or one growing season, whichever is later, shall be required. 40 Those in favor: Those against: Dated: March , 1986. ATTEST: By: E. J. Van Overbeke, Clerk 7 CITY COUNCIL CITY OF EAGAN By: tta Blomquist, Mayor • .r, 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 b 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, was convened 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 ana City Council. Mr. John Meyer of Residence Inn, Inc. and Greg Hollankamp of K. K. S 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, "5 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. 1� 2 C APC Minutes February 25, 1986 9. A 20 foot drainage and utility easement shall be dedicated adjacent to all public right-of-way. 10. A 20 foot utility easement shall be dedicated over the water main not located within City right-of-way. 11. All driveways which cannot be made to line up shall be offset a minimum of 75 feet and there shall be a minimum of 100 feet separation between driveways. 12. No driveway shall be constructed closer than 100 feet to the curb line extension of the street intersection. 13. This development shall be responsible for obtaining all necessary approvals and permits if utilities are constructed under private contract. 14. This development shall be responsible for the trunk water area • upgrading assessment at the rates in effect at the time of final platting. 15. This development shall be streets and utilities. All voted yes. responsible for the costs of all internal Bohne moved, Wilkins seconded the motion to recommend approval of the preliminary plat, 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. Any Conditional Use Permits such as 4 story buildings, pylon signs or drive-thru facilities shall be made with separate applications. 5. Ali plat conditions shall be adhered to. 6. This development will be responsible for complying with all applicable general engineering and planning conditions. 7. A 20 foot drainage and utility easement shall be dedicated adjacent to all public right-of-way. 8. A 20 foot utility easement shall be dedicated over the water main not located within City right-of-way. 3 APC Minutes February 25, 1986 r, 9. All driveways minimum of 75 feet and driveways. which cannot be made to line up shall be offset a there shall be a minimum of 100 feet separation between 10. No driveway shall be constructed closer than 100 feet to the curb line extension of the street intersection. 11. This development shall be responsible for obtaining all necessary approvals and permits if utilities are constructed under private contract. 12. This development shall be responsible for the trunk water area upgrading assessment at the rates in effect at the time of final platting. 13. This development shall be responsible for the costs of all internal streets and utilities. • 14. An approved landscaping plan with adequate bond valid for a period of at least one year or one growing season, whichever is later, shall be required. All members voted in favor. LEXINGTON PLACE SOUTH 3RD ADDITION — PRELIMINARY PLAT The vice chairman then commenced the public hearing for the application of Frontier Midwest for a preliminary plat of Lexington Place South 3rd -Addition in the southwest quarter of Section 14, consisting of 10 single family lots is the Lexington South Planned Development north of Wescott Road, and east of Lexington Avenue. Dale Runkle provided a brief history of the planned development and advised that the lots were 10,000 to 12,000 square feet, which was larger than the surrounding lots. It was also indicated that the Park ® Commission had not reviewed the proposed preliminary plat. Mr. Mark Parranto was present on behalf of Frontier Midwest as were owners of existing Orrin Thompson lots and homes bordering the proposed preliminary plat. Discussion centered around the proper use of the parcel, which had been designated as proposed private open space, to be controlled by a homeowners association which was never formed by Orrin Thompson. Mr. Parranto indicated that originally Orrin Thompson had plans for a community area with association controlled facilities such as swimming pool and/or tennis courts which had been abandoned as part of their normal development. Frontier Midwest had acquired the property as part of a larger parcel from Orrin Thompson. Harrison moved, Wilkins seconded the motion to continue the matter to the next regular meeting with the following directives: 1. Staff and/or legal counsel shall provide an opinion as to the legality of changing the anticipated use in the PUD and the impact of possible tax forfeiture. t. 2. Verification as to whether the area is a drainage area. --- ., �'{" 3. A review of the proposal by the Parks and Recreation Department. All voted affirmatively. //1NI, 4 - PRELIMINARY FLA} dF _ EAG ANDALt LWAY LAkt 2ND ADDITION VA ,� � ___ l____�___ _mac, ,.=\_�\'•J• .- zi N I �! (Ci / BIOC� r OurLOr %r -y( `- va i�,i) ,` I'•� I v L,, Li pp r LR'LTgN MAP w.n I, .I ,��/ F I _.n, LANE �:L'I 7 a C'L lir. L M?r f� ntisC: -1. mo 1 ...N i lui we glove ee T N MEMO TO: PAM MC CREA, CHAIRPERSON & ADVISORY PLANNING COMMISSION FROM: DALE RUNKLE, CITY PLANNER DATE: APRIL 16, 1986 SUBJECT: UPDATE ON THE COMPREHENSIVE PLAN AMENDMENT FOR RESIDENCE INN NORTHWESTERN MUTUAL LIFE INSURANCE DEVELOPMENT PROPOSAL At the March 25, 1986, Advisory Planning Commission meeting, it was unclear as to whether the Residence Inn would require a Comprehensive Guide Plan Amendment. According to the City Attorney, any change from the Comprehensive Guide would require • an .amendment to the plan. Since the March 25th meeting, staff has revised the public notice forms which now include Comprehensive Guide Plan Amendments as standard language. Staff has renoticed for this application for a Comprehensive Guide Plan Amendment and has also submitted the amendment to the surrounding communities and the Metropolitan Council for their review. Hopefully, staff will have an update prior to the public hearing as to comments from either the surrounding communities or the Metropolitan Council. In review of this development proposal, there has already been approval for the preliminary plat and rezoning to planned develop- ment which includes the Residence Inn. Feasibility studies have also been ordered by the City Council. It appears that the only remaining issue that needs to be acted upon for this development proposal, is the Comprehensive Guide Plan Amendment which would acknowledge the approval and change from the present limited business use to the roadside business use for the 4.6 acres. ® Hopefully, this addresses the concerns of the APC from their March 25, 1986 meeting. If you have questions on this item, please feel free to contact City Hall so that information can be provided prior to the April 22, 1986 meeting. City Pla ner DCR/jbd 14 RESOLUTION CITY OF EAGAN RESOLUTION CERTIFYING PRE -REVIEW REQUIREMENTS HAVE BEEN SATISFIED EaQandale LeMav Lake 2nd Addition WHEREAS, the Metropolitan Land Planning Act of 1976 requires that each munici- pality prepare a Comprehensive Plan, and WHEREAS, the City of Eagan adopted a plan titled "City of Eagan Comprehensive Guide Plan", and WHEREAS, a public hearing on the proposed "Eagandale Le May Lake 2nd Addition Area" amendment to the Plan was held on April 22, 1986, and WHEREAS, the amendment was adopted by the Eagan Advisory Planning Commission on April 22, 1986, and WHEREAS, the amendment was considered and accepted, but not adopted, by the City Council of the City of Eagan, and WHEREAS, the amendment to the plan has been transmitted to the Cities of Mendota Heights, Sunfish Lake, Inver Grove Heights, Burnsville, Apple Valley, Bloomington and Rosemount; the school districts of Burnsville #191, Rosemount - #196 and West St. Paul - #197; Dakota County, the Minnesota Zoological Garden and the Minnesota Department of Transportation.for formal review under the Metro- politan Land Planning Act. NOW THEREFORE, BE IT RESOLVED by the City .Council of the City of Eagan that the City Administrator is authorized and directed to submit this plan amendment to the Chair of the Metropolitan Council for review under Section 473.175 of the Metropolitan Land Planning Act. ADOPTED by the City Council of the City of Eagan on a motion by seconded by , with members voting in favor, on this of Dated: ATTEST: City Clerk , 1986. CITY COUNCIL CITY OF EAGAN IN r • E , E N)VAN PLANAVAC Jam 2800 East Cliff Road • Suite 140 • Burnsville, Mn. 55337 • (612) 890-2320 ` DESIGN, INC. John S. Voss, President April 9, 1986 CITIES OF: Sunfish Lake Inver Grove Heights Apple Valley Bloomington Burnsville Rosemount SCHOOL DISTRICTS: Rosemount #196 Burnsville 9191 West St. Paul #197 Minnesota Department of Transportation Minnesota Zoological Garden Dakota County Planning Department RE: AMENDMENT TO THE EAGAN COMPREHENSIVE PLAN To Whom It May Concern: Enclosed is a copy of a proposed amendment to the Eagan Comprehensive Plan. This amendment will be further considered by the Eagan Planning Commission at a public hearing on April 22, 1986. This proposed amendment is expected to be presented to the Metropolitan Council Staff by May 8, 1986. If you have any concerns or comments about the proposed amendment, please provide us with that information at your earliest possible convenience. Also, if we can provide any further information, please advise. You truly, John S. Voss, Planning Consultant City of Eagan JSV/bav cc: Dale Runkle, City of Eagan PLANNING LANDSCAPE ARCHITECTURE SITE DESIGN CITY OF EAGAN INFORMATION ON PROPOSED COMPREHENSIVE PLAN AMENDMENT SPONSORING GOVERNMENTAL UNIT: ADDRESS: CONTACT PERSON: TELEPHONE: DATE OF PUBLIC HEARING: LOCATION: ACREAGE: CURRENT ZONING: City of Eagan 3830 Pilot Knob Road - Eagan, MN 55122 Dale Runkle, City Planner 454-8100 April 22, 1986 - Eagan City Hall Southwest Quadrant of Lone Oak Road & I -35E Approximately 20 acres Neighborhood Business (NB), General Business (GB) and Residential R-4 COMPREHENSIVE PLAN DESIGNATION -(1981 Comprehensive Land Use Guide Plan) Limited Business (LB) PROPOSED AMENDMENT/COMPREHENSIVE PLAN DESIGNATION: Neighborhood Business(NB) Limited Business (LB) Roadside Business (RB) SUBMITTAL OF AMENDMENT TO METROPOLITAN May 1986 11 0 0 kocATIO^J N rNC� MENDOTA \TS W In, 5 l n� B d- 7 ILE 7 RI s F e� �.�. ,Indy W^ Fi;lll o.L Qom^• �- • _ Ind. IT - / p � _ •,ems �. © ---Y . -rye �� 1 Y .,� I ���� RII "� ✓::1 �'.y9 Ind i — ud n.T _ R-1 — R- �� �•c<. R -IV � i�-•.•�u aT-����—. R -II B LB .i �� •� Roll �� � �ry �_ N :S�se �I. '. _ I • ... r:/> :y�kljtj� 'J '. -- - Rn." C. ,t/^' -'l-` R-II� �RI� w-'�n:� `T��� •~ � I III �� — • R -NI; R'-111_ R.fi.' T' R -III' iCSC/G � R I I j .. -•-� 'Ral R-11 1•Eo ' _ � RII :�: ..-•., �- ��rt i, ' FLI ( ,w �_.,, I LB 'R 111 LB __ - '�' ' -- C� +..� — �����.�• I ' .i'. � �-.�•,c,. J - I^IP .. 0 R-� R-II29 P R_II P/•N�u I G R- V13 I- { DU ` f_Y I F� I v ,may OSEMN� APPLE J/ VALLEY I I 5 E,:•. i:,IvDb.LE a_� ..L . , FR ;N[TiSTRIAL � rAR Im 8$ u 4. A i 1 ' imis 111111 C ii 1. m 55 X11 s 1� 1 i �.. C�'IIS / i„ lei s 1 I-� �• :lS� � i •; �-rel � 1 � h ./ i Ill 1 u 4. A i 1 ' imis 111111 C ii 1. m 55 X11 s 1� 1 i �.. C�'IIS / �1 s u 4. A _ .. N 1 c a , �pp 55 X11 s i �.. C�'IIS / '•. �p s 1 I-� �• :lS� � i u 4. A . W13 * 13. Ne qA borAooS BV'SWss ? r: PC S42 d CpT1m D. Fla iJ rm vCSf r�Aa"tIoAC i, 496 1671 `I c a , 8�\-l1 tr X11 s . W13 * 13. Ne qA borAooS BV'SWss ? r: PC S42 d CpT1m D. Fla iJ rm vCSf r�Aa"tIoAC i, 496 1671 Lemey Lake LEMAY LAKE DEVELOPMENT ILLUSTRATIVE SITE PLAN (OPUS CORPORATION 1 wF C11 CCI R. ROntX y� IMC, IIY. Il, IIII III twee FTIICII IONX ..IA U1, MM Itl•II11 I - Mob` 130 Rlwml Acru FIII Foo 1 3 A 5R. Ff. 1.] Cu• 5.000 Sq. 5.0000lt FI. Lt Ault F .. Indole Blvd. 61mRCI el Wille 3,000 ea. FL .t ACrFF R.hell Rt to,000 SR. fl. 3.5 Au.. RIIIII 32,000 ea. FI. ]A ACUI APC Minutes April 22, 1986 6. The development shall be required to obtain the necessary permits and approvals from the following: a. MPCA - Sanitary sewer.extension permit. b. Minnesota Dept. of Health - Water main approval. c. Dakota County - Grading within right-of-way permit. d. Williams Brothers Pipeline - Grading within easement permit 7. This development will be responsible for its trunk area storm sewer, future street upgrading, multiple equivalent assessments, and trailway assessments at the rates in effect at the time of final platting. • 8. This development shall be responsible for all costs of installing the internal public streets and utilities. 9. A time extension be granted to the original 10 year P.D. Agreement for enough time to complete the project. (The original Agreement had an option to request 2 three year extensions). 10. An Environmental Assessment Worksheet (EAW) be prepared and submitted for staff review prior to the issuance of any building permits. 11. The garage shall be included in the rental unit price if only 2 stalls per unit are provided with the project.' 12. The developer shall provide a cash dedication in accordance with standard requirements, in addition to dedicating a trailway along the south side of Diffley Road. ® 13. A detailed landscaping plan shall be submitted including a bona which shall not be released less than one year after landscaping is completed. 14. Because the PD provides a total of 338 units of which 322 are now being used, the parcel east of Thomas Lake Road shall be developed as a residential parcel with no more than 16 units. All voted in favor. City Planner Runkle advised the Commission that the plan had been revised somewhat, moving one of the apartments further away from the development just south of the proposed plat. RESIDENCE INN - COMPREHENSIVE PLAN AMENDMENT The hearing regarding the request for a Comprehensive Plan amendment to RB (Roadside Business) from LB (Limited Business) for Residence Inn consisting of a 120 unit hotel on 4.36 acres (located within the Eagandale LeMay Lake 2nd Addition Planned Development) and part of the north half of Section 10, south /6/ 3 APC Minutes April 22, 1986 of Lone Oak Road and west of I -35E, was then convened by Chairperson McCrea. City Planner Dale Runkle advised the Commission that it had been determined by legal counsel that this proposal which was previously before the Commission on an application for rezoning and preliminary plat, did require a Comprehensive Plan amendment. Legal notice had been published and sent out prior to this meeting to include language indicating a Comprehensive Guide amendment. In addition, local municipalities and school districts had been notified. The proposed amendment is being sent to the Metropolitan Council which would not act before May 6, 1986, if it was recommended that approval be contingent upon approval by the Metropolitan Council. Mr. Bob Worthington of Opus Corporation was present to address any questions. There were no appearances on behalf of the general public. Harrison moved, Hall seconded the motion to recommend approval of the Comprehensive Guide. amendment from NB (Neighborhood Business) and R-4 to RB (Roadside Business), subject to the approval of the City Council and Metropolitan Council. All voted yea. FAIRWAY HILLS - COMPREHENSIVE PLAN AMENDMENT Chairperson McCrea then introduced the application of Derrick Lana Company for a Comprehensive Plan Amendment from R -II (Mixed Residential) to R -I (Single Family Residential) containing 145 single family lots on approximately 60 acres located in part of the northwest quarter of Section 34, in the southeast quadrant of Cliff Road and Pilot Knob Road. City Planner Runkle indicated that the paper work was not yet complete but that it appeared to comply with:all technicalities that a Comprehensive Plan amendment would be necessary to down zone the property from R -II to R -I. Discussion centered around whether the approval of the Comprehensive Guide amendment would in any way be a reversal of the previous Planning Commission recommendation to deny the proposed preliminary plat. Mr. Dave Sellergren appeared on behalf of Derrick Land Company and suggested that the only issue before the Planning Commission was whether a reduction in the proposed land use (density) was recommended and not whether the previously proposed plat was acceptable. Hall moved, Wilkins seconded the motion to recommend denial of the request for Comprehensive Plan amendment. Hall, Wilkins and Harrison voted in favor; Bohne, Trygg, Voracek and McCrea voted against. Bohne then moved, Voracek seconded the motion to recommend approval of the Comprehensive Guide Plan amendment. Bohne, Trygg, Voracek and McCrea voted in favor; Hall, Wilkins and Harrison voted against. 15�5 4 Agenda Information Memo May 6, 1986, City Council Meeting Page Thirty -Three SIVE PLAN AMENDMENT/PRELIMINARY PLAT F. Comprehensive Plan Amendment from R-2 to R-1 and Preliminary Plat for Fairway Hills Containing 145 Single -Family Lots --A public hearing was held before the Advisory Planning Commission at the March 25, 1986, meeting, to consider rezoning and preliminary plat applications submitted by the Derrick Land Company for the Fairway Hills project. The APC recommended denial of the project due to access onto Pilot Knob Road and the uncertainty of the parkland configuration in that general area. For a copy of the background information that was distributed as a part of the April 15 City Council packet, refer to pagese) through ® /Q0 . Included in this information are the Planning And Engi- neering reports, correspondence from Dakota County, APC action at the March 25 meeting;, Parks & Recreation Commission recommenda- tions and a petition submitted by residents of the Park Cliff development. It was determined at the April 15, 1986, City Council meeting that a comprehensive plan amendment was required for the Fairway Hills project. A public hearing was held by the Advisory Planning Commission at their April 22 meeting whereby action was taken to recommend approval of the comprehensive guide plan amendment to the City Council. The preliminary plat was also reviewed showing the reduction in lots and a change in the street width from 50' to 60'. The Advisory Parks and Recreation Commission reviewed two (2) • parkland development alternatives at their meeting on May 1, 1986. For a copy of the action taken by the Advisory Planning Commission and the Park development alternatives that were given co� ideration at the May 1 meeting,, refer to the report on pages �throughltE,.. For a copy of the Advisory Planning Commission action of the April 22 meeting, refer to page(,/) /'G ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) the comprehensive plan amendment, 2) a rezoning from R-2 to R-1 and 3) the preliminary plat entitled Fairway Hills. 15(::, CITY OF EAGAN \if SUBJECT: REZONING & PRELIMINARY PLAT APPLICANT: DERRICK LAND COMPANY - FAIRWAY HILLS LOCATION: NW 4, SECTION 34 EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: MARCH 25, 1986 DATE OF REPORT: MARCH 17, 1986 REPORTED BY: PLANNING & ENGINEERING • APPLICATION: An application has been submitted for rezoning and preliminary plat approval for the Fairway Hills subdivision. This plat consists of 145 single-family lots on approximately 60 acres south of Cliff Road and east of Pilot Knob Road. Currently, there are five landowners involved; all have signed agreements approving the development plans of what has been known as the George Ohmann Sr. Estate. "pa ZONING & LAND USE: The Twin View Manor subdivision is directly across Pilot Knob Road. Well Site Park and a small R-3 parcel are across Cliff Road to the north. The entire. eastern property line abuts Parkview Golf Course. An agricultural district is to the south. The City Park Department is interested in acquiring this area in part or in full. Should this occur, more street frontage would be desired. The Comprehensive Guide Plan designates this site primarily R-2, with a small P (Park) ® area also. Generally, the topography falls toward the ravine on the northern portion of the site. This ravine and the .area around it, adjacent to .Pilot Knob Road, are the most wooded portions of the site. Most of the trees will be destroyed. However, some of these trees would have been lost in the improving of Pilot Knob Road, which begins next year. The intersection of Pilot Knob Road/Cliff Road will be lowered approximately 10'. Just to the south and abutting the site it will be lowered as much as 18'. All lots meet or exceed the minimum 12,000 sq. ft. area required with an 85' frontage at the setback line. The 145 lots give this plat a density of 2.4 units per acre. These lots range in size from 12,000 to 38,350 sq. ft., with a 13,577 sq.. ft. average. SITE PLANNING: Access to the site will be provided by one road connected to Cliff Road, and three entries from Pilot Knob Road. A service road similar to that of the upgraded Diffley Road near Cedar Pond Park will connect the two northern access points le�7 REZONING & PRELIMINARY PLAT - DERRICK LAND COMPANY - FAIRWAY HILLS MARCH 25, 1986 PAGE TWO' along Pilot Knob Road. Northern Natural Gas has a 70' easement that bisectsthe site from the northwest to the southeast. The site development plan shows proposed housing pads and it appears that no variances will be necessary as a result of the easement. GRADING/DRAINAGE: The preliminary grading plan the applicant submitted dated February 14, 1986, is feasible from an engineering standpoint. The preliminary grading plan will require filling the extremely deep ravine located in the northwesterly portion of this proposed development up to 26 ft. Fills of this depth require careful placement and compaction to prevent substantial future settlement. The ravine is also quite heavily wooded and the grading operations will require much clearing and grubbing of this area. The remainder of the site is basically on a plateau and will not pose any significant grading problems. All grades and contours shown on the preliminary grading plan do conform with City Code requirements. This proposed development lies within the southeasterly most portion of Major Subdistrict B, as shown on Figure 1. The entire area drains in a northerly direction towards two well-defined ravines in the northwest corner of this site, with some drainage flowing to the northeast corner of this site in a well-defined basin which is Pond BP -34. As you can see from Figure 1, Pond BP -34 does have an existing gravity outlet, however, the outlet is not piped all the way downstream. Instead, it drains over land through the Well Site Park for a considerable distance before it is again picked up by storm sewer pipe. Drainage from the two northwesterly ravines flow under Cliff Road at the point marked B -p, as shown on Figure 1. 'Likewise, with the outlet from Pond BP -34, this is just a culvert under Cliff Road and discharges over land to be collected at point B-0 where it is then piped to Thomas Lake. The areas north of Cliff Road where these storm sewer outlets are located are subject to very heavy erosion due to the large volume of current runoff. Therefore, staff strongly recommends that the completion of the storm sewer pipe from point B- 10 to both Pond BP -34 and point B -p be a requirement if the Commission or Council gives favorable consideration for this preliminary plat. UTILITIES: Utilities of sufficient size,, capacity and depth exist within the proximity of this site to provide service to it. Sanitary sewer is located at the northwest corner of this site just south of Cliff Road. Water main is located along the entire north boundary of this development just south of Cliff Road. REZONING & PRELIMINARY PLAT - FAIRWAY HILLS MARCH 25, 1986 PAGE THREE In reviewing the applicant's proposed preliminary utility layout, staff has the following recommendations. 1. The connections to the 24" line at Cliff Road and the 8" line at Hillcrest Lane be 8" connections. These 8" lines should then be extended to the first point where they then divide into 6" lines. 2. The sanitary sewer located within the easterly portion of Block 2 be relocated within the existing right-of-way. - 3. Sanitary sewer and water main should be extended to the end of the stubbed street to Parkview Golf Course and also extended to Pilot Knob Road. ® 4. Storm sewer shouldbeextended southerly from the street intersection in the vicinity of Block 2, 3, 4, and 5. STREETS: Cliff Road and Pilot Knob Road are existing County roadways that border this development. Both roadways are rural two-lane roadways under the jurisdiction of Dakota County. Dakota County is planning on upgrading Pilot Knob Road in 1987 to a four -lane undivided urban roadway. With this construction, a portion of Cliff Road east of Pilot Knob Road will also be rebuilt to four -lane urban standards. The applicant indicated to staff that the County will allow the access as shown on Cliff Road, which is satisfactory to staff. While the applicant is showing three access points to Pilot Knob Road, the County will only allow two ultimately. The most northerly connection is a temporary access to Pilot Knob Road. ® Because of the Pilot Knob Road reconstruction, the grades for Pilot Knob Road will be drastically cut down. When this happens, the middle access point will be at the same grade as Pilot Knob Road and will become one of the two main accesses off of Pilot Knob Road to this development. The most northerly access will then be closed and residents will have to use the service road which will connect the north access point to the middle access point. The applicant also indicated the County will allow the most southerly access point as a permanent access. However, this access will have to line up with the Hilltop Lane access. In order to provide the proper alignment with Hilltop Lane, this south street will have to jog southerly then westerly at 90 degree angles. Staff recommends this be a more gradual S-shaped curve to provide the alignment with Hilltop Lane. This may result in the elimination of Lot 11, Block 8. However, staff feels the S-shaped alignment is far more desirable from a traffic safety standpoint than the 90 degree jog this development proposes. As for the internal streets, the only comment staff has is that we recommend the middle north -south street (between Block 4 and Block 5 and 6) not contain the radius to connect to the easterly - westerly street between Block 5 and 6. Staff would recommend this become a "T-shaped" intersection. The " ped" intersection will provide much safer traffic movement 105V REZONING 8 PRELIMINARY PLAT - FAIRWAY HILLS MARCH 25, 1986 PAGE FOUR RIGHT-OF-WAY/EASEMENTS: The applicant is proposing to dedicate 75 ft. half right-of-ways for both County Road 32 (Cliff Road) and Pilot Knob Road (County Road 31) which staff feels is adequate. The applicant is also proposing 50 ft. wide right-of- ways for streets throughout this development. Staff does not feel that a 50 ft. wide right-of-way is adequate for many of these streets. The 50 ft. right-of-way does not provide adequate boulevard width for snow storage, private utility locations, sidewalks, driveway access site distance, and housing setbacks from street. Lack of snow storage with a 50 ft. boulevard is probably the largest problem with the 50 ft. right-of-ways. A standard 34 ft. City street leaves only an 8 ft. boulevard for 50 ft. right-of- way. Additional easements are not the answer for snow storage because they do not preclude the property owner from constructing • structures such as fences, flag poles, retaining walls, etc., at the property line. These structures present problems for snow plowing because the wings on the snow plows are 8 ft. long and in order to push the snow back to provide more snow storage for future snows presents quite a problem with the City potentially damaging the resident's structure. Although it would be the resident's responsibility to repair such a structure if it were Kj located within the easement, it certainly does not provide good public relations for the City of Eagan when snow plowing operations damage any private structure. The 8 ft. boulevard also provides problems for the private utility companies. The gas company, electric company, telephone company and cable TV company all have underground lines they have to locate. within public right-of-way. While telephone and electric do currently run joint trench, it still means that three trenches are required within an 8 ft. boulevard. This problem can partially be eliminated if the topography is such that the electric company can bury their cable within the 10 ft. public utility easement dedicated with all plats. An 8 ft. boulevard is definitely not adequate for the location of a sidewalk. A 5 ft. sidewalk would leave only a 3 ft. boulevard between the curb and the sidewalk. From a traffic safety standpoint, this width is too narrow. The driveway access and garage setback issues are somewhat related. The 8 ft. boulevard does not really provide adequate site distance for people backing onto residential streets if there are obstructions such as fences or trees at the right-of- way line. The garage setback from the curb with a 50 ft. right- of-way is 38 ft. as opposed to 43 ft. with the 60 ft. right-of- way. Using the typical 20 ft. lengths for vehicle stacking distance, you can see that you cannot stack two vehicles in a driveway without some overhang onto the street with a 50 ft. right-of-way. Requiring an. extra 5 ft. of setback is not necessarily the answer to this problem because it would be extremely difficult for the Inspection Department to keep track of which street has a 35 ft. setback or which has a regular 30 ft. setback. 166 REZONING MARCH 25, PAGE FIVE 8 PRELIMINARY PLAT - FAIRWAY HILLS 1986 In summary, staff does not recommend a 50 ft. right-of-way within developments. Staff feels the 50 ft. right-of-way should be used only if there are physical constraints whereby a 60 ft. right-of- way would not allow the developer to meet City Code for minimum areas, setbacks, etc. In this particular instance, staff feels that a 50 ft. right-of- way,would be allowable if it met the following criteria: 1. Estimated ADT less than 100. 2. Length of roadway less than 800 ft. PERMITS: The applicant will be responsible for obtaining all necessary permits and plan approvals from the following: 1. MPCA - Sanitary sewer extension permit. 2. MN Dept of Health - Water main plan approval. 3. Dakota County - Grading within County right-of-way permit and access permit. 4. Northern Natural Gas - Grading within easement permit. ASSESSMENTS: In researching the City's assessment records, this development will be responsible for deferred trunk area water assessments, lateral benefit from trunk area water, additional trunk area storm sewer, future street improvements, and future trailway improvements. The attached table summarizes these assessment obligations. The final rates will be based upon the rates in effect at the time of final platting. These rates may either be paid at the • time of final platting or spread as an assessment with the execution of a Waiver of Hearing. The cost of all internal streets and utilities will be the sole responsibility of this proposed development. /6/ Description Trunk Area Water 012-28 013-28 Lateral Benefit from Trunk Water 012-28 010-26 Trunk Area Storm 012-28 010-26 013-28 Street Improvements 012-28 010-26 Trailways 012-28 010-26 TOTAL Assessment Summary Table Estimated 1986 Quantity Rate Amount 45.0 ac(1) $1,190/ac $53,550 0.7 ac $1,190/ac $833 525 f.f. $11.88/f.f. $6,237 627 f.f. $11.88/f.f. $7,449 1,815,580 sq.ft. (2) $0.05/sq.g $90,779 2,605 ac (4) $1,467/acf�) $3,822 (3) 14,850 sq.ft. $0,05/sq.ft. $742 1,555 f.f. $8.44/f.f.(5) $13,124 627 f.f. $8.44/f.f.(5) $5,292 2,366 f.f. $11.81/f.f. $27,942 627 f.f. $11.81/f.f. $7,405 $217,175 • (1) Total area (59.7ac) - Parcel 010-26 (2.7ac) - Parcel 013-28 (0.7ac) - 20% R/W credit (2) 56.3 ac - 4.2 ac (previously assessed under 3158) - 20% R/W credit (3) $2.178/ac - $711/ac (previously assessed under 3158) (4) 31,350 sq.ft. - 16,500 sq.ft. (previously assessed under 315R) (5) 1/4 residential equivalent rate /�Z CONDITIONS: FAIRWAY HILLS r.. 1. All applicable standard engineering conditions shall apply to this development. 2. If this development is phased, then the phasing plan shall be approved by staff. 3. With the exception of the sanitary 'sewer line connecting to the existing 12" trunk line, all sanitary sewer lines shall be within public right-of-way with sanitary sewer and water main being stubbed to the east, southeast, and southwest boundaries of this development. 4. The water main leads into this development shall be 8" 5. Council shall authorize the trunk storm sewer project to pipe storm water from Pond BP -34 in the northwest corner of this ® proposed development to the existing trunk storm sewer located within the Well Site Park prior to final plat approval. 6. The street alignment shall be modified slightly to correspond with Figure 3. 7. The internal road right-of-ways shall be 60 ft. with the exception of the service road and the street between Block 6 and 7. 8. This development shall dedicate the 75 ft, half right-of-way for Cliff Road and Pilot Knob Road as shown on their preliminary plat. 9. This development will be responsible for a trailway along ® Pilot Knob Road and Cliff Road. 10. This development will be responsible for trunk area water main, lateral benefit from trunk water main, trunk area storm sewer, future street improvements for Cliff and Pilot Knob Road and future trailways for Cliff and Pilot Knob Road assessments at the rate in effect at the time of final platting. 11. This development shall dedicate 20 ft. utility easements over storm sewer lines not located within public right-of-way and 30 ft. easements over sanitary sewer lines not located within public right-of-way. 12. This development will be responsible for obtaining the necessary permits from MPCA, Mn Dept of Health, Dakota County Highway Department and Northern Natural Gas. 13. This development will be responsible for all costs of internal streets and utility installation. /G3 nr wsax aiw;,a Y T �'� �Ca L� 4RE 1 V x 111 � �O Fl l61 BPM_] 1iC�C ' LI o..P Fa ®` Fil1{El�li:, tll cA L gMU C ,a VIRE n N. W4CENIflol 'J YRRRu [OUNSF 8 1 Y y0� 11 LAIfI oiy • • 0 y �LEGENDt .. 11j EXIST - -- - - . 111X I 41 moro$m 'flOBE •" w rrPFELIMINAMY UTILITY PLAN INGINEEHING COMPBNV, INC. -- — PA�RWAY HILLS oil oil 0 y �LEGENDt .. 11j EXIST - -- - - . 111X I 41 moro$m 'flOBE •" w rrPFELIMINAMY UTILITY PLAN INGINEEHING COMPBNV, INC. -- — PA�RWAY HILLS lo a ENGINEERING COMPANY, INC. Lel .1 PRELIMINARY GRADING PLAN FAIRWAY HILLSn. '3 44 - FAIRWAY HILLS,. lo a ENGINEERING COMPANY, INC. Lel .1 PRELIMINARY GRADING PLAN FAIRWAY HILLSn. '3 1. 89C5.2 JS -- / �'.\ -� _ :).8706 - 8187 ! ! < J6 8137. J869 4 859 T. 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J 1 LP-56 \ LP-13 '•• -9243 964.0 "920,4 LS 19 Lf4 _ LP-7 971.6 I1-.�, / 1 922.0 pONTY PAPK 00.0 9aoo 1 g =921. z 6870 _i 9250 897 / ••• n:Pr'Tn- •IT" 1z• 9SEH• LAKL Iz �\ LP -2 L e fi . 1 PARK 92024 - ,7t- LP-1 LF-60 zz:o -� LP-9 _^ I C:V/ LP-11I \ v 1 SUBJECT PARCEL FAIRWAY' HILLS .FIG. *1 city of eagan approved: plate # STORM SEWER : PUBLIC _ WORKS/ DEPARTMENTMASTED PLAN HEIGHTS ..ALDEN FIR�T ADDITION - Co. 4s U) m 0 IJ W 4s I HILLS I/ '. ,7 S 9 2 I6 I! - 19 I! 12 I !• Y s i � 6 f 2 3 ♦ � 0 6O 6 ' unml m.•.v:.envam.0 .mu u.0 near [ore . PARKVIEW GOLF COURSE 1 S .LLOW..9n Vin.. Y.unr.i.q .M1C. .O GYO[a.q .�Y R1.. ' ROBE I ENGINEERING r'^ - ••• -••• COMPRNV INC. •. W.a ' W. .. nO[4 9/•IMll.9YWY I 2 ! A ! 6 7 B 19 p 11 12 I! N I! y ' - 2 ... ... �.. r y . / / d 2 31 16 16 �� ••1 14 :',•— 29 x-'22 _ 1 ' .Z. .S ..4 Z. B 1ST .. 2—.•. z B- / II EI/!/B 17 'i< ) 2 HILLS I/ '. ,7 S 9 2 I6 I! - 19 I! 12 I !• Y s i � 6 f 2 3 ♦ � 0 6O 6 GENERAL INFORMATION ' unml m.•.v:.envam.0 .mu u.0 near [ore . 1 S .LLOW..9n Vin.. Y.unr.i.q .M1C. .O GYO[a.q .�Y R1.. ' ROBE ENGINEERING r'^ - ••• -••• COMPRNV INC. •. W.a ' W. .. nO[4 9/•IMll.9YWY - '�iv9-IG —1 YCr al .Y•[Oro s0 14 y ' - 2 ... ... �.. r y . / / 2 16 16 1 ' .Z. .S ..4 6 EI/!/B 17 i' GENERAL INFORMATION ' unml m.•.v:.envam.0 .mu u.0 near [ore . .LLOW..9n Vin.. Y.unr.i.q .M1C. .O GYO[a.q .�Y R1.. ' ROBE ENGINEERING r'^ - ••• -••• COMPRNV INC. •. W.a ' W. .. nO[4 9/•IMll.9YWY - '�iv9-IG —1 YCr al .Y•[Oro LEGAL DESCRIPTION PRELIMINARY PLAT OF ll DERRICK LARD GO: ' FAIRWAY HILLS I �- II11I i MEMO TO: CITY PLANNER RUNKLE FROM: ASSISTANT CITY ENGINEER HEFTI, DATE: APRIL 11, 1986 SUBJECT: PROPOSED FAIRWAY HILLS PRELIMINARY PLAT/ PILOT KNOB ACCESSES As you know, the. Advisory Planning Commission at their March 25, 1986, meeting recommended denial for this proposed preliminary plat. Their main reasons focussed on Pilot Knob Road accesses. I would like to attempt to clarify the City's Engineering Depart- ment's position on the proposed accesses onto Pilot Knob Road which the County Highway Department has approved. The most northerly access point onto Pilot Knob Road will be temporary. The developer proposes to construct this access • to the existing grade of Pilot Knob Road. When the County improves Pilot Knob Road in 1987, the grade at this location will be lowered several feet. This results from the proposed grade being much less than the existing steep and unsafe grade of Pilot Knob Road south of the Cliff Road intersection. The proposed grade will be in the range of 4%. This will be much better than the existing 6% or more grade that Pilot Knob Road is now. The new grade will provide for a much safer approach to the Cliff Road intersection. The middle access point the developer proposes will not be connected to Pilot Knob Road until Pilot Knob Road is upgraded because it will be graded to the proposed grade for Pilot Knob Road. At this point, the grade difference between the existing and proposed Pilot Knob Road is about 12 feet. This access lines up with Delores Lane. By the way, the County proposes to eliminate the current access for Eriks Boulevard, again because of the grade differential. The final permanent access this developer proposes is located near the southerly portion of this development directly across from Hillcrest Lane. The grades at this point will not be changing much from the existing grades thereby allowing this connection to be made without the upgrading of Pilot Knob Road being necessary. In summary, I believe the proposed 4% grade south of Cliff Road is essential to improving the safety of northbound vehicles approaching Cliff Road and also improve southbound traffic flow because vehicles will not have to climb such a steep, uphill grade. The Planning Commission did have concerns regarding approving the accesses onto Pilot Knob Road without the City approving the Pilot Knob Road plans. However, I feel that, from a grade standpoint at least, that there aren't any alternatives if everyone's first concern is improving safety over the section /7� MEMO TO CITY PLANNER RUNKLE APRIL 11, 1986 PAGE TWO of roadway south of Cliff Road. I believe that the developer, Dakota County Highway Department, and the City Engineering Depart- ment can all work together to insure the developer's plan is compatible with Dakota County Highway Department plans so that the entire area works to the benefit of everyone. I will be at the April 15, 1986, City Council meeting to answer any questions that may arise regarding this memo. Q- Assistant City Erpineer cc: Tom Colbert, Director of Public Works ® Dave Sellegren, Developer's Attorney Larry Figgins, Dakota County Highway Department RMH/kf r ;:W C /7/ gh il, ..11111 • i 3830 PILOT KNOB ROAD, P.O- BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-8100 April 10, 1986 Mr. Don Patton 7600 Parklawn Avenue Edina, MN 55435 RE: Fairway Hills - Parks Dedication Dear Don: BEA BLOMOUIST Mown THOMAS EGAN - JAMES A. SMITH VAC ELLISON THEODORE WACHTER Council Members THOMAS HEDGES City Admmneofor EUGENE VAN OVERBEKE City Clerk At the April 3rd Advisory Parks & Recreation Commission meeting, the Commission reviewed the preliminary plat for Fairway Hills. The Advisory Commission recommended to the City Council that the plat be allowed to proceed for a phase development with a cash escrow account for all lots platted in the first phase, pending the resolution of a park within Parcel F. If the City is unsuccessful in obtaining Parcel F for either a community or neighborhood park, then this development shall be responsible for a park land dedication within the property owned by Derrick Land Company. I'm sure you are aware of this by now as both Dave Selegren and Bill Mauer were present at this Commission meeting. Of concern to the Advisory Commission is the issue of whether this site is best suited for athletic opportunities or a neighorhood park. At the close of the meeting, the Commission members asked Staff to continue to pursue revised layouts for an athletic site for presentation at its next Commission meeting. At the same time, the Commission asked Staff to do a further review and concept planning within the neighborhood park area in order that they can evaluate the neighborhood park concept and community park concept simultaneously. At the same time, the City is continuing to pursue the acquisition of Parcel F to a purchase agreement to allow the City and Derrick Land Company to conclude any remaining planning issues. Don, I will continue to keep you informed as things progress here in the Parks & Recreation Department. I will also be present at the April 15th Council Meeting to/speak to this issue. ' i S/Vraa, �1 K Director of Parks & Recreation KV:klh cc: Tom Hedges, City Administrator THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY • \J DAKOTA COUNTY BERNARD H.,LARSON DAKOTA COUNTY SURVEYOR TELEPHONE 16121 437-0250 DAKOTA COUNTY GOVERNMENT CENTER 15W HVJY. 55- HASTINGS. March 25, 1986 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Att: Dale Runkle, City Planner Dear Mr. Runkle The Dakota County Plat Commission met on March 25, 1986, to consider the proposed plat of FAIRWAY HILLS. Said plat is adjacent to County Roads #31 and #32 and is, therefore, subject to the Dakota County Contiguous Plat Ordinance. After review of the plat, it was the concensus pf opinion that the following items must be satisfied in order for the Plat, C` Commission to recommend approval. First, adjacent to the right- of-way lines of both county roads shall be a restricted access easement dedicated to the County of Dakota on the final plat. The widths of said right-of-ways have not been shown but must meet whatever current right-of-way standards are applicable in each case. The service road as shown adjacent to part of Pilot Knob Road must be continued northerly in order to provide ingress and egress to the exception at the most northwesterly corner of ® said property. The street lying between Lot 15, Block 2 and Lot 22, Block 5 is to have a temporary entrance onto County Road No. 31 until said road is rebuilt. At that time, said entrance will be closed and must follow then the service road southerly to the most southwesterly corner of said Block 5 and then exit out onto County Road #31. The substation as shown in the right-of-way of County Road #31 is to be moved over ti) Lot 18, Block 5 and said lot shall be transferred to the County of Dakota. As these items are satisfied, the Plat Commission will consider approval to the Dakota County Board of Commissioners. Until such time, however, any questions can be referred to this office and recommendation will be withheld until all said items have been resolved. 1 Sincer ly ours, hx\ i ,. BErna d H. Larson Dakota County Surveyor /7-3 cc: Bill Mauer. Probe Enqineerinq DAKOTA COUNTY April 3, 1986 HIGHWAY DEPARTMENT DAKOTA COUNTY GOVERNMENT CENT Mr. William J. Maurer Probe Engineering Co. Inc. 1000 E. 146th Street Burnsville, MN 55337 Dear Mr. Maurer: COUNTY E•,GNEE9 TELEPHONE 5'71 =37-399 1560 H WY. 55 - HASTINGS. MINNESOTA 55033 I have reviewed the proposed plat for Fairway Hills in Eagan marked Fxhibit "A" and the County Plat Commissioners response to the preliminary plat submittal dated March 25, 1986. Given the developers willingness to meet the proposed grade lines of future CSAH 31 (Pilot Knob), the single access to serve the City Park and Fairway Hills, the setting aside of "outlot A" for the relocation of the pipeline substation, 1170 feet to the first access point south on CSAH 31 and the second access opposite Rebecca Lane, the frontage road serving 'corner properties, the storm water storage pond on Cliff Road, and adequate road right-of-way, we find the plat addresses all of the counties concerns. We will issue a temporary access permit for the road located 527 feet south of CSAR 32 since the existing grade of Pilot Knob Road prohibits access at the 1170 foot point. We appreciate your thoroughness and willingness to work with the agencies involved in this project. Sincerely, Larry G. Figgins, P.E. Administrative Design Engineer LGF/mjh / 7 / cc: Rick Hefti, Assistant City Engineer �" MEMO TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: APRIL 8, 1986 HE: ADVISORY PARKS & RECREATION COMMISSION ACTION — FAIRNAY HILLS PRELIMINARY PLAT The Advisory Parks & Recreation Commission recommended to the City Council that the plat be allowed to proceed for a phased development with a cash/escrow account for lots platted in the first phase, pending a resolution of a park within Parcel F, which is south of this preliminary plat. If the City is unsuccessful in obtaining Parcel F for either a community or neighborhood park, than this development shall be re_s_Ronsible for a parkland ® dedication. BACKGROUND City has been under negotiation for Parcel F of the Ohmann estate, immediately to the south of this preliminary plat application. The Department Staff has had several meetings with the owner, Laverna Lehmann, and her sister Mar.cela =77 Shindeldecker, owner of the parcel south and immediately adjacent to Parcel F. Most recently, alternative Parks Plans were prepared which were based on the theme of a neighborhood park of approximately eight (8) acres within Parcel F and the remainder to be sold for development purposes. A second alternative was for athletic field development. Meetings with the owner's of Parcels F and G, and the developer, resulted in revised layouts affecting the .preliminary plat of Fairway Hills and Parcel F. These alternatives were ® presented to the Advisory Commission on April 3. The City does not own Parcel F, although the owner has expressed an interest in selling to the City. Due to the uncertainty of acquiring this parcel,, and because the Commission was undecided as to whether the parcel (Parcel F) could be utilized for neighborhood parks' purposes versus an athletic site, the Commission and developers' representatives agreed: the first half of the plat could proceed. Under this arrangement, the developer will provide for a cash/escrow account for each lot developed for the first phase. Upon final determination of the parkland issue, the cash/escrow account would be returned ,in favor of the parkland dedication, or retained if cash dedication the ultimate outcome. This solution will allow the developer to proceed with his preliminary plat, while providing the City additional time to secure a .purchase agreement and to make a decision regarding the neighborhood/or community park. The Parks and Recreation Staff will be present at the Council meeting on April 15, and will respond to questions relative to this issue. KV/bls APC Minutes March 25, 1986 Those in favor were Trygg, Voracek and McCrea; those against were Wilkins and Harrison, with members Wilkins objecting to the R-1 use adjacent to the proposed commercial development.. FAIRWAY HILLS - REZONING 6 PRELIMINARY PLAT The hearing regarding the application of Derrick Land Company for approval of Fairway Hills preliminary plat and rezoning from A (Agricultural) to R-1. (Single Family) was convened by the chair. Dale Runkle again explained the project and noted that there are five landowners involved, all of whom had signed an agreement approving the development plan of what,was formerly the George. Ohmann, Sr. estate. The Comprehensive Guide designates the site as R - II with a small park area also. All lots meet or exceed the minimum 12,000 square foot area requirement and 85 foot frontage at the setback line. 145 -lots would provide a density of 2.4 units per acre and average lot size of 13,577. Mr. Runkle stated the Park Committee has not finalized its review and noted also that street widths were a concern of the staff. Dave Sellergren, attorney, appeared on behalf of the applicant. Member Harrison stated he objected to the three access locations to Pilot Knob Road and Mr. Sellergren noted that there has been an on-going discussion between (" the owner to the south and the City for park use. The northerly access, \' according to Mr. Sellergren, is temporary until Dakota County changes from a two-lane rural to four -lane urban section at which time the ,northerly access will be removed and reliance will be placed on the frontage road. In addition, Mr. Sellergren stated that the south access may be a common access with proposed park location and additional access to the park from the north could be provided. He recommended that the utilities be stubbed toward the Parkview Golf Course and preferred not to improve the stubbed street. There, were several interested persons in the audience but no objections. There was considerable discussion about the internal street width and Mr. Hefti stated that the staff strongly recommends a 60 foot right-of-way for snow storage and boulevard purposes. He reviewed the revised recommendations in which the staff did not oppose the 50 foot right-of-way with five foot street easement plus 10 foot utility easement and a minimum 35 foot front yard setback. He noted that the exception from the 60 foot right-of-way generally, is where there are physical constraints that require the variance. Bill Maurer of Probe Engineering described the specific accesses to Pilot Kgob Road that will be determined at a later time but will never be more than two permanent access points. Member Wilkins stated that there is no certainty as to where the access locations to Pilot Knob Road would-be and therefore, it would appear approval- is premature until the County has completed its planning, and the grade of Pilot Knob Road has been determined. The grade may be reduced on Pilot Knob Road up to 18 feet in depth. 11 APC Minutes March 25, 1986 Harrison moved, Voracek seconded the motion to recommend denial of the application based upon the reasons described above, including the fact that the Dakota County Highway Department has not determined where accesses to Pilot Knob Road could be located specifically, the grade for the road has not been determined and the,plans have not been,completed, and also the fact that the Eagan Advisory Park 6 Recreation Commission is reviewing the area and has done so for many months, attempting to acquire adequate open space and active recreational area for park purposes, and it was recommended that the Park Committee be given an opportunity to make its determination as to park acquisition on the Ohmann property. All voted..in favor except Trygg who voted no. EAGANDALE LEMAY LAKE 2ND ADDITION Chairperson McCrea asked if any member of the prevailing party on the ® motion regarding the Comprehensive Guide issue relating to the Eagandale LeMay Lake 2nd Addition would consider making a motion to reconsider the earlier motion. There was no motion and no further action. ADJOURNMENT Upon motion by Harrison, seconded Wilkins, it was resolved that the meeting adjourn at 11:35 p.m. PHH 12 retary — APC TO: The Honorable Bea Bloomquist Mayor City of Eagan P. O. Box 21-199 Eagan, MN'55121 FROM: Residents of Eagan - Park Cliff Development SUBJECT: PROPOSED FAIRWAY HILLS DEVELOPMENT • :CLIFF & PILOT KNOB ROAD (SE CORNER) We the undersigned strongly object to the current proposal before.you on the development of this property. Our reasons are as. follows 1) Eagan already has an abundance of R-1 and PD type developments. Multiple :family developments are also in abundance. 2) Eagan has a serious shortage of Estate zoning and upper tier housing. 3) We recognize the need for mixed housing, however upper scale home buyers will be driven to other communities if the current trend continues. -. 4) The developer has proposed a plan in which the great majority of lots are at or near minimum fort R-1 zoning. Based upon these facts, we believe that this premium property =-could be better utilized in the best interest of current and future Fesidents'of Eagan. We recommend the following options'be studied: , 1_), The land is adjacent to Parkview Golf Course. .:Strong consideration should be given to the :use of this land as recreational or public park (playground, athletic fields, golf course ..extension, etc.). Q • 0 April 8, 1986 Page 2 . 2) Rezone property for Estate zoning. This property with proximity to the Golf Course and County Park could command the same type of premiums as Nordic Woods (lot prices $40-60,000) and Oaks III (lot prices $40-70,000) both of which are in Apple Valley. 3) Raise R-1 minimum lot size from 12,000 to 16,000 sq. ft. effective immediately. The density in some R-1 and PD developments is alarming and should not be allowed to continue. In summary, we ask that the Council and Planning Commission take a more proactive stance against what we consider a negative trend in Eagan. In the past, we have seen many disagreements between developers and residents. We have seen continuous changes in plats and rezoning by developers with one goal - increase density! Our city officials claim that their hands are tied because the developers meet the minimum require- ments.'.`If this'is true, let's change therequirements. The den ers oat is rofit; the communities goal should e an attractive community which all of us can be proud of. Light industry and businesses in Eagan will require varied housing offerings. If action is not taken immediately it will be too .late. cc: City Council: Theodore Wachter Thomas Egan, Vi, City Manager: Tom Hedges City Planner: Dale Runkle Planning Commission: Pam McCrea I+ a 2 e a a, S +1 2! •,� Q e e T i 171 PARKV" Clay coLoM 11 12 m q = 2 Ir a k• L a FAIRWAY HILLS 15 14 13 4 >d a • Is s E� s g. g •e I : ^^ s �_45 7 a Is a 2 e a a, S +1 2! •,� Q e e T i 171 PARKV" Clay coLoM 11 12 m q = 2 Ir a k• L a FAIRWAY HILLS 15 14 13 4 >d a • Is s E� s g. g •e _ 23 W/me It =. 10 10 •! .11 w Y , -- n.q it 20, re to 17 2 a �('� �— ---- .. GENERAL RVFORMAnON . . , LEGAL DESCRIPTION,NO . .i1n.Ylr� YYd4riY� 1nY YS1r.�r Yr! W .• MWYIi. � � Y. n•Y� Y. �YI.r�=` YYu uY wrYY. rr.ur urrd lw, r,7• Y�rr RY-YYr, rO Y� - r- �'���••.•••:��'•�:•� ���....� YWrOrB rYrr M\IN •ter.•... ��.r�� - ..Y.�YYu�• I W YYY r.Y.r Yr. �r�YY�r.Y Y.M ..IY r4A� 1 l _^ ~� • .Yl YpY1. 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WYY.I \Cl \N4 N.M \O. R. _ _ •WYrT W1Yl. rY .YY 1YVY Yl W� 1\I.I YL R, a..y nNr—..ur–�. �_n _... –_+ T- - Yy.t�.�� fir►. �lya_6 YL Y.YI .NLT IDY .Ol A ..L� l.Y YrY 1.J0..O. R. . W YO11..Y YIIM Y Y' II1a11Y .T 11Y YIYY YL ' W YYYfY W .OWA.i Y� YRl TO OYYY i fN YO\.Yl- ' l .YI.W .qY ala PREIJMINARY PLAT ' ROBE OF o CK term w. ENGINEERING �— 3 COMPRNV, INC. s FAIRWAY HILLS \ CW YR NY .rY.{ YYY.4l..YYYY YY. Y W'\CCO _ + II1 L. PARKVIEW GOLF COURSE H.1«. " I F', - 9 S 6 �f B 9 10 - II 12 - 13 14 13 16 / n IB 1 19 1 20 ti: 3 x , , i ,1 x i•- 4 1 2 .13 / b IS 16 171 16• 2 ..1.4N• y 17 2 9 ! tI J1 11 /.x.24. .23' ,2.2I 20 4 7 , _ I6•Z r 15 10 IS _ is t 14 7 9 "1 ,� z, 10 I• •�„�,,,r.11,e LI .9 10 9... L *-L7] 13 ]1'i I B9 2 W 2 14 L„1 14 1 16 1110 • IILL�r—LIL -ll� - _ _ - � : 1 ••••••PEBECCA LAM LOBES LANE! LDAKOTA COUNTY REGIONAL PARK LEGAL DESCRIPTION 13 PRELIMINARY PLAT '"111.1.... ..,. OF K LAND CO. DERRIC FAIRWAY HILLS �r N 3 GENERALINFORMATION' LN.INO [OMO: .O.KIYINILL 014 YYi. rNl. \On: « ' \01 ' YYNi. r t. VNIr nY KY Y l01 .N.N rNY I.Y IYY I•.1 All .L ♦ LO\. IN.f 011 ..0\IO 1N Y.NYIY I.OY r0.1r. «1L. nOYM...... Y ..... n .1K .LIYYILM. W .YNYYOY..N IYRYY..I .i .A .Mi<. \O 04... } .Y IN.L n.1. [YNYI.N .Y1Y�n P'EROSE NGINEERINGCOMPRNV, INC. '�"(�„'�”` •m � WO WI 1n. .1Y.1. YMIn. YLY« nN1 IN LY'.OY s LDAKOTA COUNTY REGIONAL PARK LEGAL DESCRIPTION 13 PRELIMINARY PLAT '"111.1.... ..,. OF K LAND CO. DERRIC FAIRWAY HILLS �r N 3 rM EN abvcrA%L APC Minutes April 22, 1986 of Lone Oak Road and west of I -35E, was then convened by Chairperson McCrea. City Planner Dale Runkle advised the Commission that it had been determined by legal counsel that this proposal which was previously before the Commission on an application for rezoning and preliminary plat, did require a Comprehensive Plan amendment. Legal notice had been published and sent out prior to this meeting to include language indicating a Comprehensive Guide amendment. In addition, local municipalities and school districts had been notified. The proposed amendment is being sent to the Metropolitan Council which would not act before May 6, 1986, if it was recommended that approval be contingent upon approval by the Metropolitan Council. Mr. Bob Worthington of Opus Corporation was present to address any questions. There were no appearances on behalf of the general public. Harrison moved, Hall seconded the motion to recommend approval of the Comprehensive Guide. amendment from NB (Neighborhood Business) and R-4 to RB (Roadside Business), subject to the approval of the City Council and Metropolitan Council. All voted yea. FAIRWAY HILLS - COMPREHENSIVE PLAN AMENDMENT Chairperson McCrea then introduced the application of Derrick Lana Company for a Comprehensive Plan Amendment from R -II (Mixed Residential) to R -I (Single Family Residential) containing 145 single family lots on approximately 60 acres located in part of the northwest quarter of Section 34., in the southeast quadrant of Cliff Road and Pilot Knob Road. City Planner Runkle indicated that the paper work was not yet complete but that it appeared to comply with all technicalities that a Comprehensive Plan amendment would be necessary to down zone the property from R -II to R -I. Discussion centered around whether the approval of the Comprehensive Guide • amendment would in any way be a reversal of the previous Planning Commission recommendation to deny the proposed preliminary plat. Mr. Dave Sellergren appeared on behalf of Derrick Land Company and suggested that the only issue before the Planning Commission was whether a reduction in the proposed lana use (density) was recommended and not whether the previously proposed plat was acceptable. Hall moved, Wilkins seconded the motion to recommend denial of the request for Comprehensive Plan amendment. Hall, Wilkins and Harrison voted in favor; Bohne, Trygg, Voracek and McCrea voted against. Bohne then moved, Voracek seconded the motion to recommend approval of the Comprehensive Guide Plan amendment. Bohne, Trygg, Voracek and McCrea voted in favor; Hall, Wilkins and Harrison voted against. 4 • Agenda Information Memo May '6, 1986, City Council Meeting Page Thirty -Four CITY CODE REVISIONS A. Consideration of 1986 City Code Revisions --Each year revisions are required to the City Code documents. Periodically ordinances are amended. New ordinances are adoptedand state statute impacts local legislation. Also., language is changed or corrected to provide a better understanding of interpretation within the City Code. During March, the City Code was reviewed by the City Clerk's office with the presence of the City Codifier, Mr. Roger Jensen, and legal counsel, Mr. Dave Keller of the City Attorney's office. The City Code revisions are outlined in memos from the Director of Finance/City Clerk and Mr. Roger Jensen. In addition to those memos are copies of the actual ordinance amendments that are being proposed for final codifica- tion. There is action being proposed as a part of Chapter 13, the subdivision ordinance, that requires a clarification on the minimum right-of-way widths for public streets.. Since this item was continued by the Advisory Planning Commission at their April 22 meeting, this item will be considered at a later date by the City Council. For additional information on this item, refer to pages JQ% through��. ACTION TO BE 'CON`SSIDERED ON THIS ITEM: To approve or deny, with or without any modification, the City Code revisions as proposed. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: APRIL 9, 1986 SUBJECT: 1986 CITY CODE REVISIONS On March 13, 1986, Liz and I met with Rodger 7'ensen, Lorraine O'Reilly and Dave Keller regarding the 1986 City Code Revisions. Attached please find copies of the revision memo as well as proposed changes on a chapter by chapter basis. I have scheduled a public hearing before the planning commission at the April meeting to review Chapter 13 (subdivision) changes including the one overlooked in 1985. I would like to have this material considered and hopefully approved by the City Council at the May 6, 1986 meeting so the update can proceed. Those changes not previously approved by the City Council are included because thay are required by State law changes, or because Rodger Jensen feels they improve the City Code in making it more effective. The following is a brief outline of the changes being proposed. Chapter 1 Two new sections are added to (1) clarify titles and captions noting that they are there for convenience only and (2) to allow for designees carrying out duties referenced to public officials. Chapter 3 This is a revision which strengthens the City's posture in collect- ing and/or certifying delinquent utility bills. As noted in the revision memo this will be recorded with the Dakota County Recorder to cause these potential liens to be considered and noted on title searches. Chapter 4 Ordinance number 27 incorporating the erosion and sediment control manual'will be inserted. This particular ordinance is not included as part of the attached since it has been approved previously. Chapter 5 Ordinance number 26 changing the boundaries for off -sale liquor licenses and ordinance number 28 changing the fees for liquor licenses have been approved previously and are not included with this material. There are a number of other changes being proposed to this chapter because of actions taken by the 1985 Legislature. Please see the revision memo for the detail. Note also that the action of the City Council at the February 18, 1986 meeting is not included at this time. That action changed the authorized number of on -sale liquor licenses that could be issued, as well as the valuation requirements for restaurants and hotels. The City Attorneys Office has been directed to prepare the appropriate code language for review and it will be included with the 1987 revisions. /O The following three sections have been added as new in total or new to this chapter: 1. Section 5.15 restricts gambling except as licensed by the Charitable Gambling Control Board and as it complies with established City policy. A proposed policy is being pre- pared by staff. 2. Section 5.16, relating to consumption and possession of alcoholic beverages, was moved to this Chapter from Chapter 10 (Public Protection Crimes & Offenses). According to the codefiers the City can be more restrictive under the liquor chapter and at the same time not be subjected to the same defenses as allowed in Chapter 10. The language has also been cleaned up to be more definitive. 3. Section 5.17 restricts alcoholic beverages in school build- ings and on school grounds except when authorized by tempo- rary beer licenses. Chapter 6 Two sections covering Bingo and gambling are repealed as the activity is licensed by the State. Chapter 10 A new subparagraph has been added to include some additional dangerous weapons. Section 10.33 is repealed since it is being added to Chapter 5. Chapter 13 In addition to the 1985 change (minimum right-of-way widths) which was made without the required public hearing before the Planning Commission, the staff is .proposing a rearrangement of the section of the chapter covering amendments to the chapter. It is currently included in Subdivision 4 under preliminary plat and final plat amendments (page 408), which is inappropriate and confusing. Again, these two items will be considered by the planning commis- sion at the April meeting. In summary, I have attempted only to call attention to areas of change. For individuals using the code it is important that the new be compared to the old in detail. At this point I have reviewed this information only with the Police Department, as they would be affected by the proposed changes. They have no problem with the material as presented. Please let me know if you would like to discuss this or if you desire more information. �0 Fina e Director City Clerk CC: Dave Keller 1 Liz Witt �J(f EJV/mc d d E A d 0.-.. REVISION MEMO - EAGAN March 26, 1986 TO: David G. Keller, City Attorney FROM: Lorraine E. O'Reilly, Codifier RE: 1986 City Code Revisions We herewith hand you ordinances amending Chapters 1, 3, 5, 6 and 10 of the City Code. The enclosed ordinances, together with the covering memo, should be reviewed by you and the City staff prior • to being submitted to the Council for its consideration. After the ordinances have been adopted and published, please forward published copies to our office so that we are aware of any changes which have been made in the City's review. The revision pages will then be prepared by our office for insertion in the Code. CHAPTER 1 The proposed provisions relating to "titles" and "public officials" have been inserted in this Chapter. CHAPTER 3 Subd. 8 of Sec. 3.05 is updated as discussed, and if this ordinance is adopted by the Council, we will furnish you with a suggested draft of a certified copy for recording with the County ® Recorder when the revision pages are prepared. CHAPTER 4 Ordinance No. 27 will be inserted in preparing the revision pages. .._ CHAPTER S Due to the many changes made by the 1985 Legislature, the repea', of Chapter 340 and adoption of Chanter 340A, this Chapter iz� being revised substantially. Section 5.01 is amended in its entirety to include malt and wine coolers in the definitions of beer, wine and liquor, to define alcoholic beverages and minors in accordance with the 1986 law. The definition of a fraternal club has been deleted since that term is no longer used in the statutes. The definitions of hotel and restaurant have been retained in their present form since it is our understanding the City is giving additional consideration to redefining those terms. 1� Subparagraph C, Subd.. 4 of Sec. 5.02 is updated in accordance with the statute, Sec. 5.12 expanded upon to provide a general provision as to minors, and to delete a repealed statutory reference in Subd. 1 of Sec. 5.13. Sections 5.15, 5.16 and 5.17 have been inserted as discussed, Sec. 5.30 updated to provide that a liquor licensee need not obtain a separate license to sell beer, and Sec. 5.35 amended to delete references to minors now covered under Sec. 5.12 as a general provision. Sec. 5.50 has been updated in the same manner as Sec. 5.30, as well as Sections 5.55 and 5.72 to remove provisions relating to minors. The Memorial and election day prohibition as to consumption and display were deleted by the 1985 Legislature and that change has been made in Sec. 5.81, Subd. 4, C. Provisions relating to gambling licensed under the City Code have been repealed in Sections 5.33, 5.52 and 5.70.. Ordinances numbered 26 and 28 will be inserted in preparing the revision pages. CHAPTER 6 The Sections providing for the licensing of bingo and gambling have been repealed. CHAPTER 10 A provision relating to throwing stars, nun chucks, etc., has been added to Sec. 10.10 covering dangerous weapons. Sec. 10.33 has been repealed since this provision is now covered under Chapter 5 which will make it more enforceable. CHAPTER 13 Please provide our office with the publication date of Ordinance No. 21 and any changes to be made on Pages 393 and 408. c: Eugene VanOverbeke, V City Clerk -Treasurer -2- /yo NO. , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN,•MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 1 ENTITLED "GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE INCLUDING PENALTY FOR VIOLATION" BY ADDING PROVISIONS RELATING TO TITLES AND DESIGNEES; AND, MAKING THIS ORDINANCE APPLICABLE TO EVERY CHAPTER, SECTION OR OTHER PROVISION OF THE EAGAN CITY CODE. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Chapter 1 is hereby amended by adding Sections, to read: SEC. 1.10. TITLES. A title or caption to or in any ® chapter, section, subdivision, subparagraph or other provision of the City Code is for convenience only and shall not limit, expand, or otherwise alter or control the content, wording or interpretation thereof. SEC. 1.11. REFERENCE TO A PUBLIC OFFICIAL. Wherever a public official is referred to in the City Code, the reference shall include such public official or his designee. Section 2. This ordinance shall be applicable to every chapter, section, or other provision of the City Code. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN • CITY COUNCIL By: Its Clerk Date Ordinance Adopted: Date Ordinance Published: �y� Its Mayor ORDINANCE NO. , 2ND SERIES AN'ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 3 ENTITLED "MUNICIPAL AND PUBLIC UTILITIES - RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS" BY CHANGING A PROVISION RELATING TO DELINQUENT UTILITY SERVICES; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section, 1. Eagan City Code Sec. 3.05 entitled "Rules and Regulations Relating to Municipal Utilities" is hereby amended by changing Subd. 8, to read: Subd. 8. Municipal Utility Services and Charges is Lien. A. Payment for all municipal utility (as -that term is defined in City Code, Section 3.01) service and charges shall be the primary responsibility of the owner of the premises served and shall be billed to him unless otherwise contracted for and authorized in writing by the owner and the tenant, as agent for the owner, and consented .to by the City of Eagan, Minnesota. The City may collect the same in a civil action or, in the alternative and at the option of the City, as otherwise provided in this Subdivision. B. Each such account is hereby made a lien upon the premises served. All such accounts which are more than forty-five days past due may, when authorized by resolution of the Council, be certified by the City Clerk -Treasurer of the Cit of Eagan, Minnesota, to the County Auditor, and the City Clerl Treasurer in so certifying shall specify the amount thereof, the description of the premises served, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes, and collected by the County Treasurer, and paid to the City along with other taxes. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 3.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. 40 ATTEST: Its Clerk Date Ordinance Adopted: Date Ordinance Published: C CITY OF EAGAN CITY COUNCIL By: Its Mayor -2- 15�5 I ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 5 ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY DEFINING AND REDEFINING CERTAIN DEFINITIONS; BY CHANGING PROVISIONS RELATING TO REFUNDMENT OF LICENSE FEES, UNLAWFUL ACTS RELATING TO MINORS AND FINANCIAL RESPONSIBILITY; BY ADDING PROVISIONS RELATING TO GAMBLING, CONSUMPTION AND POSSESSION OF.. ALCOHOLIC BEVERAGES ON STREETS AND OTHER PROPERTY AND IN CERTAIN BUILDINGS AND GROUNDS; BY CHANGING PROVISIONS RELATING TO BEER LICENSE REQUIREMENTS AND UNLAWFUL ACTS, LIQUOR AND ON -SALE WINE LICENSE REQUIREMENTS AND UNLAWFUL ACTS; AND HOURS AND DAYS OF OPERATION FOR CONSUMPTION AND DISPLAY; BY REPEALING PROVISIONS RELATING TO GAMBLING; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 5.01 is hereby amended in its entirety, to read: SECTION 5.01. DEFINITIONS. As used in this Chapter, unless otherwise stated in specific sections, .the following words and terms shall have the meanings stated: 1. "Alcoholic Beverage" means any beverage containing more than one-half of one percent alcohol by volume, including, but not limited to, beer, wine, and liquor as defined in this Section. 2. "Applicant" means any person making an application for a license under this Chapter. 3. "Application" means a form with blanks or space• thereon, to . be filled in and completed by the applicant as his request for a license, furnished by the City and uniformly required as a prerequisite to the consideration of the issuance of a license for a business. 4. "Beer" means malt liquor containing not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight. (This definition includes so-called "malt coolers" with the alcoholic content limits stated herein., 5. "Brewer" means a person who manufactures beer for sale. 6. "Church" means a building which is principally used as a place where persons of the same faith regularly assemble for the public worship of God. -1- 7. "Club" means an incorporated organization organized under the laws of the State for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization, which: (1) has more than fifty members; (2) has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; (3) is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or.. employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. Such club or congressionally chartered veterans' organization must have been in existence for at least three years. 8. "Commissioner" means the Minnesota Commissioner of ® Public Safety. 9. "Exclusive Liquor Store" means an establishment used exclusively for the sale of liquor except for the incidental sale of ice, tobacco, beer, beverages for mixing with liquor, and soft drinks may also be sold, and the establishment may offer recorded or live entertainment and make available coin-operated amusement devices. 10. "General Food Store" means any place of business carrying a stock of food supplies and primarily engaged in selling food and grocery supplies to the public. 11. "Hotel" and "Motel" mean and include any establishment having a resident proprietor or manager, where, in. consideration of payment therefor, food (consisting of a full menu as distinguished from exclusively "fast food"items such as pizza, hamburgers and other sandwiches) and lodging are regularly furnished to transients, and which contains not less than 25 guest rooms with bedding and other suitable and necessary furnishings in each room, and which is provided with a suitable lobby, desk and office for the registration of its guests at the main entrance and on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has an integral part thereof a dining room with appropriate facilities for seating not less than 40 guests at one time, where the general public is, in consideration of payment therefor, served with meals at tables, where the principal part of the business (meaning at least 608 of the gross income from sales during each calendar quarter) is from serving foods and furnishing lodging, and where there is an appraised value of at least $200,000.00 as to the building or portion of the building associated with liquor sales. 12. "License" means a document, issued by the City, to an applicant permitting him to carry on and transact the business stated therein. -2- /�� 13. "Licensee" means an applicant who, pursuant to his approved application, holds a valid, current, unexpired license, which has'neither been revoked nor is then under suspension, from the City for carrying on the business stated therein. 14. "License Fee" means the money paid to the City pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein. 15. "Licensed Premises" means the premises described in the issued license. 1 16. "Liquor" means ethyl alcohol and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2 percent of alcohol by weight. (This definition includes so-called "wine coolers" and "malt coolers" with the alcoholic content limits stated herein.) 17. "Malt Liquor" means any beer, ale, or othe beverage made from malt by fermentation and containing not les than one-half of one percent alcohol by volume. 18. "Manufacturer" means every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces alcoholic beverages for sale. 19. "Minor" means any natural person who has not attained the age of 19 years; provided, that after September 1, 1986, the term means any natural person who either (1) has not attained the age of 21 years, or (2) was born after September 1, 1967. 20. "Off -Sale" means the sale of alcoholic beverages original packages for consumption off the licensed premises onl3w 21. "On -Sale" means the sale of alcoholic beverages for consumption on the licensed premises only. 22. "Package" and "Original Package" mean any container or receptacle holding alcoholic beverages, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler. 22. "Restaurant" means an establishment, other than a hotel or motel, under the control of a single proprietor or manager, having appropriate facilities for the serving of meals, (consisting of a full menu as distinguished from exclusively "fast food" items such as pizza, hamburgers and other sandwiches) and where, in consideration of payment therefor, meals are regularly served at tables to the general public, which employs an adequate staff to provide the usual and suitable service to its guests, the principal part of the business (meaning at least 608 of the gross income from sales during each calendar quarter) being the serving of foods, and which shall have seating facilities for seating not less than 30 guests at one time, and have an appraised value of at least $200,000.00 as to the building or portion of the building associated with liquor sales. 24. "Sale"; "Sell" and "Sold" mean all barters and all manners or means of furnishing alcoholic beverages to persons, including such furnishing in violation or evasion of law. 25. "Wholesaler" means any person engaged in the business of selling alcoholic beverages to a licensee from a stock maintained in a warehouse. 26. "Wine" means a beverage made without rectification or fortification by the fermentation of sound ripe grapes, grape juice, other fruits, or honey, and also carbonated wine, wine ® made from condensed grape must, wine made from other agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, containing not less than one-half of one percent nor more than fourteen percent alcohol by volume. (This definition includes so-called "wine coolers" with the alcoholic content limits stated herein.) Section 2. Eagan City Code Sec. 5.02 entitled "Applications and Licenses Under this Chapter - Procedure and Administration" is hereby amended by changing Subparagraph C of Subd. 4, to read: C. License Refundment in Certain Cases. A pro - rata share of an annual license fee for a license to sell liquor or beer, either on -sale or off -sale, shall be refunded to the licensee, or to his estate, if: (1) the business ceases to operate because of destruction or damage; (2) the licensee dies; (3) the business ceases to be lawful for a reason other than a license revocation or suspension; or, (4) the licensee ceases to carry on the licensed business under the license. Section 3. Eagan City Code Sec. 5.12 entitled "Proof of Age" is hereby amended, to read: SEC. 5.12. MINORS AS DEFINED IN SECTION 5.01 - UNLAWFUL ACTS. Subd. 1. Consumption. It is unlawful for any: A. Licensee to permit any minor .to consume alcoholic beverages on licensed premises. B. Minor to consume alcoholic beverages except in the household of the minor's parent or guardian, and then only with the consent of such parent or guardian. Subd. 2. Purchasing. It is unlawful for any: A. Person to sell, barter, furnish, or give alcoholic beverages to a minor unless such person is the parent or guardian of the minor, and then only for consumption in the household of such parent or guardian. B. Minor to purchase or attempt to purchase any alcoholic beverage. C. Person to induce a minor to purchase or procure any alcoholic beverage. Subd. 3. Possession. It is unlawful for a minor to possess any alcoholic beverage with the intent to consume it at a place other than the household of the minor's parent or guardian. Possession of an 'alcoholic beverage by a minor at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of his parent or guardian. Subd. 4. Entering Licensed Premises. It is unlawfuO for a minor to enter licensed premises for the purpose of purchasing or having served or delivered to him any alcoholic beverage, or for a minor to be on premises licensed for the on - sale of liquor unless such premises are a restaurant, hotel or motel, and then only in the company of at least one of his parents or his guardian; or for a minor to be on premises licensed for the on -sale of beer unless such premises are also a restaurant. Subd. 5. Misrepresentation of Age. It is unlawful for a minor to misrepresent his age for the purpose of purchasing an alcoholic beverage. Subd. 6. Proof of Age. Proof of age for purchasing or consuming alcoholic beverages may be established only by a val' driver's license, a Minnesota identification card, or, in tl case of a foreign national, by a valid passport. Section 4. Eagan City Code Sec. 5.13 entitled "Financial Responsibility of Licensees" is hereby amended by changing Subd. 1, to read: Subd. 1. Proof. No alcoholic beverage license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility imposed by Statutes, by filing with the City a certificate that there is in effect an insurance policy or pool providing minimum coverages of (1) $50,000.00 because of bodily injury to any one person in any one occurrence, and, subject to the limit for one person, in the amount of $100,000.00 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10,000.00 because of injury to or destruction of property of others in any one occurrence, and (2) $50,000.00 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $100,000.00 for loss of means of support of two or more persons in any one occurrence. -5- kyr Section 5. Eagan City Code Chapter 5' is hereby amended by adding Sections, to read: SEC. 5.15. GAMBLING PROHIBITED. It is unlawful for any licensee to keep, possess, or operate, or permit the keeping, possession, or operation on licensed premises of dice or any other gambling device, or permit raffles to be conducted, except as are licensed by the'Charitable Gambling Control Board and then only except as it complies with the established policy of the City. SEC. 5.16. CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES ON STREETS, PUBLIC PROPERTY, AND PRIVATE PARKING LOTS TO WHICH THE PUBLIC HAS ACCESS. It is unlawful for any person to consume, or possess in an unsealed container, any alcoholic beverage on any (1) City park, (2) street, (3) public property, or (4) private parking lot to which the public has access, except on such premises when and where permission has been specifically • granted or licensed by the Council. Provided, that this Section shall not apply to the possession of an unsealed container in a motor vehicle when the container is kept in the trunk of such vehicle if it is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this Section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or passengers. SEC. 5.17. ALCOHOLIC BEVERAGES IN CERTAIN BUILDINGS AND GROUNDS. It is unlawful for any person to introduce upon, or have in his possession upon, or in, any school ground, or any schoolhouse or school building, any alcoholic beverage, except for experiments in laboratories and except for those, organizations who have been issued temporary licenses to sell beer, and for any person to possess beer as a result of a ® purchase from those organizations holding temporary licenses. Section 6. Eagan City Code Sec. 5.30 is hereby amended, to read: - SEC. 5.30. BEER LICENSE REQUIRED. It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of beer, as part of a commercial transaction, without a license therefor from the City. This Section shall not apply to sales by manufacturers to wholesalers or to sales by wholesalers to persons. holding beer licenses from the City. Any person licensed to sell liquor at on -sale shall not be required to obtain an on -sale beer license, and may sell beer on -sale without an additional license. Any person licensed to sell liquor off -sale shall not be required to obtain an off -sale beer license, and may sell beer off -sale without an additional license. Section 7. Eagan City Code Sec. 5.35 is hereby amended, to read: SEC. 5.35. UNLAWFUL ACTS (BEER). It is unlawful for any: Subd. 1. Person to knowingly induce another to make an illegal sale or purchase of beer. Subd. 2. Licensee to sell or serve beer to any person who is obviously intoxicated. Subd. 3. Licensee to sell beer on any day, or during any hour, when such sales are not permitted by law. Subd. 4. Licensee to allow consumption of beer on licensed premises on any day when sales of beer are not permitted by law. Subd. 5. Person to purchase beer on any day, or during any hour, when sales of beer are not permitted by law. Section 8. Eagan City Code'Sec. 5.50 is hereby amended, to read SEC. 5.50. LIQUOR LICENSE REQUIRED. It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of liquor, as part of a commercial transaction, without a license therefor from the City. This Section shall not apply (1) to such potable liquors as are intended for therapeutic purposes and not as a beverage, (2) to industrial alcohol and its compounds not prepared or used for beverage purposes, (3) to wine in the possession of a person duly licensed under this Chapter as an on - sale wine licensee, (4) to sales by manufacturers to wholesalers duly licensed as such by the Commissioner, or (5) to sales by wholesalers to persons holding liquor licenses from the City. Any person licensed to sell liquor at on -sale shall not be required to obtain an on -sale beer license, and may sell beer on - sale without an additional license. Any person licensed to se� liquor off -sale shall not be required to obtain an off -sale be license, and may sell beer off -sale without an additional license. Section 9. Eagan City Code Sec. 5.55 is hereby amended, to read: SEC. 5.55. UNLAWFUL ACTS (LIQUOR). It is unlawful for any: Subd. 1. Person to knowingly induce another to make an illegal sale or purchase of liquor. Subd. 2. Licensee to sell liquor on any day, or during any hour, when sales of liquor are not permitted by law. Subd. 3. Person to purchase liquor on any day, or during any hour, when sales of liquor are not permitted by law. Subd. 4. Licensee to sell or serve liquor to any person who is obviously intoxicated. � r' Section 10. Eagan City Code Sec. 5.72 is hereby amended, to read: SEC. 5.72. UNLAWFUL ACTS (WINE). It is unlawful for any: Subd. 1. Person to knowingly induce another to make an illegal sale or purchase of wine. Subd. 2. Licensee to sell wine on any day, or during any hour,.when sales of wine are not permitted by law. Subd. 3. Person to purchase wine on any day, or during any hour, when sales of wine are not permitted by law. Subd. 4. Licensee to sell or serve wine to any person who is obviously intoxicated. Subd. 5. Licensee to sell wine except in conjunction ® with the sale of food. Section 11. Eagan City Code Sec. 5.81 entitled "Consumption and Display" is hereby amended by changing Subparagraph C of Subd. 4, to read: C. No licensee may permit a person to consume or display liquor, and no person may consume or display liquor, between 1:00 o'clock A.M. and 12:00 o'clock noon on Sundays, and between 1:00 o'clock A.M. and 8:00 o'clock A.M. on Monday through Saturday. Section 12. Eagan City Code Chapter 5 is hereby amended by repealing Subd. 1 of Sec. 5.33 entitled "Beer License Restrictions and Regulations"; Subd. 4 of Sec. 5.52 entitled "Liquor License Restrictions and Regulations"; and Subparagraph D of Subd. 3 of Seca ® 5.70 entitled "On -Sale Wine", all relating to gambling. Section 13. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 14. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL Its Clerk Date Ordinance Adopted: Date Ordinance Published: By: Its Mayor ORDINANCE NO.__ , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY REPEALING PROVISIONS RELATING TO LICENSING OF BINGO AND GAMBLING; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Chapter 6 is hereby amended by repealing Sec. 6.33 entitled "Bingo" and Sec. 6.35 entitled "Gambling". Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Cod4h Including Penalty for Violation" is hereby adopted in its entirety, b reference, as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: Its Clerk Date Ordinance Adopted: Date Ordinance Published: CITY OF EAGAN CITY COUNCIL By: Its Mayor aD Z • ORDINANCE NO. , 2ND -SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 10 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES; BY ADDING A PROVISION RELATING TO DANGEROUOS WEAPONS; BY REPEALING A PROVISION RELATING TO CONSUMPTION AND POSSESSION OF BEER, WINE OR LIQUOR ON STREETS .AND PUBLIC PROPERTY; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99 WHICH, AMONG OTHER THINGS,.. CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Sec. 10.10 entitled "Dangerous Weapons and Articles" is hereby amended by adding Subparagraph I to Subd. 1, to read: I. Possess, sell, transfer, or have in possession for sale or transfer, any weapon commonly known as a throwing star, nun chuck or sharp stud. For the purposes of this Subparagraph, (1) a "throwing star" means a circular metallic device with any number of points projecting from the edge, (2) a "nun chuck" means a.pair of wood sticks or metallic rods separated by chain links attached to one end of each such stick or rod, and (3) a "sharp stud" means a.circular piece of metal attached to a wrist band, glove, belt or other material which protrudes one-fourth inch, or more, from the material to which it is attached, and with the protruding portion pyramidal in shape, sharp or pointed. Section 2. Eagan City Code Sec. 10.33 entitled "Consumption and Possession of Beer, Wine or Liquor on Streets and Public Property" is hereby repealed. ® Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 10:99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: Its Clerk Date Ordinance Adopted: Date Ordinance Published: Zo3 Its Mayor A ORDINANCE NO. 2nd SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 13, ENTITLED "SUBDIVISION REGULATIONS" BY AMENDING PROVISIONS RELATING TO THE AMENDMENT OF SAID "SUBDIVISION REGULATIONS". THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code, Chapter 13, Section 13.40, entitled Administration Enforcement, is hereby amended by amending Subdivision 4 and 5, to read as follows: Subd. 4. Preliminary Plat and Final Plat. The procedures for filing petitions and holding hearings required for preliminary plats and final plats shall be as described in this Section and Section 13.10 of this Chapter. A. Initiation. Proceedings for a petition under this Chapter shall be initiated by: (1) a petition of all persons deemed owners under Section 13.04 for a preliminary plat, final plat, waiver or variance; (2) by action of the Planning Commission; or, (3) by action of the Council. B. Petitions. All petitions for preliminary plat approval which are initiated by the owner or owners of the property shall be filed with the City Clerk and the application shall be accompanied by an abstractor's certified property certificate showing the property owners within three hundred and fifty feet (350') of the !,0 outer boundaries of the property in question. The petition shall be forwarded to the Planning Commission by the City Administrator. C. Public Hearing - Notice and Procedure. The Planning Commission shall hold at least one (1) public hearing on a preliminary plat affording the parties interested the opportunity to be heard and shall give not less than ten (10) days nor more than changes in zoning. At least ten (10) days before the hearing, the City Clerk shall mail an identical notice to the owners of the property and to each of the property owners within three hundred and fifty feet (350') of the outside boundaries of the lana proposed to be rezoned. Failure to give mailed notice to inaividival property owners or defects in the notice shall not invalidate the proceeding, provided a bona fine attempt to comply with this Subdivision has been ® made. 9 Subd. 5.. Fees. The required fees to be paid for each petition required under this Chapter shall be established by separate resolution of the Council and the fee schedule may be revised from time to time. Where said fees do not cover costs incurred by the City in the processing of the petition, the petitioner shall be required to pay additional fees upon receipt of an itemized invoice from the City. Suba. 6. Amendments. This Chapter may only be amended by the Council after a public hearing has been held by the Planning Commission to consider the amendment and a recommendation has been mace related thereto unless sixty (60) days shall have passed since the hearing wherein the Council can act without a Planning Commission recommendation. 7,05 thirty (30) days notice of time and place of such hearing, published in the designated legal newspaper of the City. Such notice shall .. ® also include the legal description of the land and the proposed changes in zoning. At least ten (10) days before the hearing, the City Clerk shall mail an identical notice to the owners of the property and to each of the property owners within three hundred and fifty feet (350') of the outside boundaries of the lana proposed to be rezoned. Failure to give mailed notice to inaividival property owners or defects in the notice shall not invalidate the proceeding, provided a bona fine attempt to comply with this Subdivision has been ® made. 9 Subd. 5.. Fees. The required fees to be paid for each petition required under this Chapter shall be established by separate resolution of the Council and the fee schedule may be revised from time to time. Where said fees do not cover costs incurred by the City in the processing of the petition, the petitioner shall be required to pay additional fees upon receipt of an itemized invoice from the City. Suba. 6. Amendments. This Chapter may only be amended by the Council after a public hearing has been held by the Planning Commission to consider the amendment and a recommendation has been mace related thereto unless sixty (60) days shall have passed since the hearing wherein the Council can act without a Planning Commission recommendation. 7,05 A Section 2. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: Its Clerk Its Date Ordinance Adopted: Date Ordinance Published in the legal newspaper: W 17J • 40 Agenda Information Memo May 6, 1986, City Council Meeting Page Thirty -Five THOMAS WIRKUS/BUILDING PERMIT FOR POLE BARN B. Mr. and Mrs. Thomas Wirkus, Request for a Building Permit to Construct a Pole Barn at 1533 Lone Oak Road --Mr. & Mrs. Thomas Wirkus of Zehnder Acres have applied for a building permit for a 1,225 square -foot, metal -clad utility building. This type of building is sometimes referred to as a "pole barn" and creates neighborhood concern, even though it is permitted within the City Code. Several years ago, the City Council adopted a policy requiring review of any large, metal -sided utility building in areas zoned R-1. City Code 11.1054 restricts utility buildings to a maximum height of the principle building except in agricul- turally -zoned areas. City Code 11.20, Subdivision 6f, allows a maximum of 20% building coverage for all buildings on the lot and City Code 11.20, subdivision 6, establishes minimum setbacks. According to Chief Building Inspector Peterson, this proposed building does meet the minimum requirements of the Eagan City Code as it now exists. Enclosed on pagesZo� through 'Z16 is a copy of the lot description, site location and picture of the proposed metal building. It was the determination of the City Administrator that due to previous policy of the City Council that this building permit be reviewed and be given consider- ation at the City Council meeting. Because there are no ordinance requirements for a special permit, conditional use permit or any other type of application, there is no vehicle for notifica- tion of the neighborhood. Therefore, the surrounding neighbors have not received any notification of this agenda item. ACTION TO BE CONSIDERED ON THIS a building permit to construct by Mr. and, Mrs. Thomas Wirkus. EVA ITEM: To either approve or deny a metal building as requested 1 x:35 ,06 MEARS PARK PLACE METRO TITLE CORPORATION .' 405 S113LEY STREET -- ST. PAUL. MINNESOTA 54101 PHONE p12J 722-1175 bl LEGAL DESCRIPTION TheW-st 184 feet of the South 200 feet I Lot ]�, Zehnder Acres INSPECTION DATE 9-10!95 - - FILE NO. M-24977 RE: ThaTBS and Cynthia Wirkus, 1533 Lone (mak Road, Eagan, NN -T-T 7-�— T I I I I I I I --F-F T-T-I—TT'T T—F—.V—i 0 0 Agenda Information Memo May 6, 1986, City Council Meeting Page Thirty -Six MARK JOHNSON CONSTRUCTION/VARIANCE REQUEST C. Variance to Setback Requirements, Mark Johnson Construction, Lot 1, Block 3, Windtree 3rd Addition --A variance application was submitted by Mark Johnson Construction requesting a variance to setback requirements for Lot 1, Block 3, Windtree 3rd Addition. For additional information on this item, refer to the Planning Department report, a copy is enclosed on pages -�la through a/ . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the variance request as presented. \7 • CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: MARK JOHNSON CONSTRUCTION INC LOCATION: LOT 1, BLOCK 3, WINDTREE 3RD ADDN. SA SEC 13 EXISTING ZONING: R-1 SINGLE FAMILY DATE OF PUBLIC HEARING:. MAY 6, 1986 DATE OF REPORT: APRIL 30, 1986 REPORTED BY: JIM STURM • APPLICATION: An application has been submitted requesting side yard variances of 6.5' and 9' along the western property line of Lot 1, Block 3, Windtree 3rd Addition. COMMENTS: This lot has frontage on both Windtree Drive to the north and Elrene Road to the west. The Elrene right of way - is 80' and, therefore, the building setback is 40' instead of the typical 30'. In an attempt to minimize the variance needed, the applicant has "reversed" the house so that the garage can be placed 5' from the eastern property line. (See sketch.) All other setbacks meet code requirements. If approved, the variance shall be subject to all other City ordinances and requirements. • JS/jj 0 . • S-URVE .O R A S C E R TJIF°I C A T E�; "IMRK JOHNSON CONSSTT UCS I ON /NpTRE � / w pR�V� �aaa o) 6 7332 811E ' �`� N r- 40 \ Agenda Information Memo May 6, 1986, City Council Meeting Page Thirty -Seven CONTRACT 86-6_, RECEIVE BIDS/AWARD CONTRACT DEERWOOD DRIVE A. Contract 86-6, Receive Bids/Award Contract (Deerwood Drive) -- At 10:30 A.M. on Friday; May 2, the Council received the bids for the construction of Deerwood -Drive from Pilot Knob Road to I -35E. Enclosed on page 2_Z„ is a tabulation of the -bids received and a comparison to the feasibility report estimate presented. at the public hearing held on January 21, 1986..All bids will be checked for accuracy with extensions and additions and a formal • recommendation will_ be . provided by the Public Works Director at the May 6 meeting. Council's previous concern regarding the timing of this road construction with other potential road closures on Yankee Doodle Road have been addressed in a memo from the Public Works Director and distributed as a part of the Additional Information packet. All easements necessary for this construction are in the process of acquisition through negotiation or condemnation as previously authorized by Council action. The City Attorney will be available to answer .any questions regarding the status of the acquisition of all related easements if necessary. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 86-6 (Deerwood Drive) and award the contract to the • lowest responsible bidder. .215 CITY CONTRACT86-6 DEERWOOD DRIVE UTILITIES & STREET EAGAN, MINNESOTA BID TIME: 10:30 A.M., C.D.S.T. BID DATE: Friday, May 2, 1986 1. M. Danner Construction 5% Aetna $440,621.00 2. Richard Knutson, Inc. 5% Firemans Fund 469,515.35 3. McNamara Construction 5% Peerless 475,794.95 4. Alexander Construction 5% United Fire 482,059.55 5. Arcon Construction 5% Wausau 493,239.85 6. Northdale Construction 5% Transamerica 499,374.90 • • ENGINEER'S ESTIMATE ........ $550,000.00 FEASIBILITY REPORT EST. .... 549,400.00 Under Engineer's Est. .... —20% Under Feasibility Rpt. ... —20% o?/4 Agenda Information Memo May 6, 1986, City Council Meeting Page Thirty -Eight CONTRACT 86-10, RECEIVE BIDS/ORDER FINAL ASSESSMENT HEARING EAGANDALE CENTER INDUSTRIAL PARK B. contract 86-10, Receive Bids/Order Final Assessment Hearing (Eagandale Center Industrial Park - Storm Sewer) --At 10:30 A.M. on Thursday, May 1, the Council received bids for the installation of major storm sewer facilities to service the future development of the Eagandale Center Industrial Park. This contract also provides for the installation of lateral storm sewer along the service road separately petitioned for. Enclosed on page Z/ is a copy of the bids received showing .the relationship of the • low bidder to estimates contained in the feasibility report pre- sented at the public hearing held on January 21, 1986., As the Council may recall, there is a potential concern regarding financial impact associated with potential assessment appeals and it was decided that the City would proceed with the final assessment hearing prior to awarding the contract for construction. Therefore., At would be in order for the Council to receive the bids and order the final assessment hearing to be held on June 17, 1986, at which time consideration of the contract award can be made depending on the results of the final assessment hearing. ACTION TO BE CONSIDERED ON THIS ITEK: To receive the bids for Contract 86-10 (Eagandale Center Industrial Park -.Storm Sewer) and order the preparation of the final assessment roll to be considered at a final assessment hearing on June 17, 1986.' CITY CONTRACT NO. 86-10 ;AGANDALE INDUSTRIAL PARI PROJECT NO. 458 WEST SERVICE ROAD PROJECT N0, 471 U.P.S. FIRST ADDITION STORM SEWER IMPROVEMENTS EAGAN, MINNESOTA 4792d BID ENGINEER'S ESTIMATE FEASIBILITY REPORT ESTIMATE Under Engineer's Estimate Under Feasibility Report Est Our File No. 49370 BID TIME: 10:30 A.M., C.D.S.T. BID DATE: Thursday, May 1 1986 TOTAL BASE BID $264,188.50 Project 458 212,094.50 263,040.00 314,570.00 -19.4% -32.6% 279,267.45 292,071.75 292,407.00 294,237.00 303,023.15 309,295.65 315,675.00 317.745.48 324,044.75 341,243.15 342,368.48 369,454.40 Project 471 28,754.00 34,560.00 31,679.00 -16.8% - 9.2% Project 4428 23,340.00 34,800.00 33,800.00 -32.9% -30.9% CONTRACTORS No Addendum 1. F.F. Jedlicki 5% United Pacific 2, Danner Trucking 5% Aetna ®3. Northdale Construction 5% Transamerica 4. Rice Lake Contracting 5% Wausau 5, Crossings, Inc. 5% United St. Fidelity 6. Arcon Cons=ruction 5% Wausau 7. L & G Rehbein 5% United Fire 8. Nodland Associates 5% United Fire 9. Orfei & Sons 5% Capital 10. Barbarossa & Sons 5% St. Paul Fire 11. Encon Utilities 5% Capital No Addendum 12. J.P. Norex 5% Reliance No Addendum 13. Ceca Utilities 5% United St. Fidelity • 4792d BID ENGINEER'S ESTIMATE FEASIBILITY REPORT ESTIMATE Under Engineer's Estimate Under Feasibility Report Est Our File No. 49370 BID TIME: 10:30 A.M., C.D.S.T. BID DATE: Thursday, May 1 1986 TOTAL BASE BID $264,188.50 Project 458 212,094.50 263,040.00 314,570.00 -19.4% -32.6% 279,267.45 292,071.75 292,407.00 294,237.00 303,023.15 309,295.65 315,675.00 317.745.48 324,044.75 341,243.15 342,368.48 369,454.40 Project 471 28,754.00 34,560.00 31,679.00 -16.8% - 9.2% Project 4428 23,340.00 34,800.00 33,800.00 -32.9% -30.9% • Agenda Information Memo May 6, 1986,,City Council Meeting Page Thirty -Nine CONTRACT 86-4, RECEIVE BIDS/AWARD CONTRACT BRITTANY '9TH ADDITION C. Contract 86-4, Receive Bids/Award Contract (Brittany 9th Addition,) --At 10:30 A.M. Thursday, May 1„ formal bid's were received for the installation of streets and utilities to service the Brittany 9th Addition. Enclosed on page 7,R0 is a tabulation of the bids received with a comparison of the low bidder to the feasibility report estimate presented at the public hearing held on November 19, 1985. All easements necessary for this project have been dedicated as a part of the final plat or acquired through separate easement dedication. All bids will be checked for accuracy on extensions and additions and a final recommendation will be presented by the Public Works Director at the May 6, 1986 meeting. ACTION TO BE CONSIDERED ON THIS 'ITEM: To receive the bids for Contract 86-4 (Brittany 9th Addition) and award the contract to the lowest responsible bidder. No Adden. • No Adden. Our File No. 49371 CITY CONTRACT NO. 86-4 BRITTANY 9th ADDITION UTILITY 6 STREET IMPROVEMENTS PROJECT NO. 459 EAGAN, MINNESOTA CONTRACTORS 1. M.,Danner Trucking Aetna 5% 2, 0 & P Contracting Transamerica 5% 3. S.J. Louis Constr. Capital Indem. 5% 4. Northdale Construction Transamerica 5% 5. Burschville Construction Capital 5% 6. Ceca Utilities United St. Fi.dpl.. 5% No Adden. 7. Encon Utilities Capital Indem. 5% 8. Nodland Associates United Fire 5% 9. Orfei & Sons Capital 5% E BID TIME: 10:30 A.M., C.D.S.T. BID DATE: Thursday, May 1, 1986 TOTAL BASE BID $150,239.25 157,188.65 162,126.30 163,967.50 165,583.60 165,796.70 167-021-00 I67,163.69 168.087.00 ENGINEER'S ESTIMATE------------ $162,000.00 FEASIBILITY REPORT ESTIMATE 145,189.00 Under Engineer's Estimate -7.3% 4790d % Over Feasibility Report Estimate +3.5% ,Zao Agenda Information Memo May 6, 1986, City Council Meeting Page Forty CONTRACT 86-12/PUMPHOUSE #8 D. Contract 86-12, Approve Plans/Authorize Advertisement for Bids (Pumphouse #8) --The drilli-ng and development of Wells #8 and #9 are presently in progress under Contract 85-15 . With Well #9 proposed to be a submersible well, only one pumphouse will be required for Well #8. Detailed plans and specifications have now been completed and are being presented to the Council for their consideration, approval and authorization to advertise for bids. The consulting engineering and Public Works Director will be available to discuss any questions the Council may have regarding the construction of this pumphouse facility. ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans and specif- • cations for Contract 86-12 (Pumphouse #8) and authorize the adver- tisement for a bid opening to be held at 10:30 a.m. on Friday, May 30, 1986. • d0( / Agenda Information Memo May 6, 1986, City Council Meeting Page Forty -One CONTRACT 86-1 E. Contract 86-1, Receive Bids, Award Contract for Park Construc- tion --Bids were received on April 15 for the construction of five (5) City parks identified as Project 86-1. Nine contractors submitted bids with the lowest bid submitted by Central Landscaping Inc. in the amount of $313,753.81. Staff is recommending award of the contract to Central Landscaping which is well under the estimate of $3`70,000. Refer to page 7z3 for a copy of the list of bidders. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the low bid for Contract 86-1 to Central Landscaping in the amount of $313,753.81. ' MEMO TO: ADVISORY PARKS & RECREATION COMMISSION FROM: STEPHEN SULLIVAN, PARK PLANNER/LANDSCAPE ARCHITECT DATE: APRIL 30, 1986 RE: IMPROVEMENT CONTRACT 86-1 PARKS CONSTRUCTION CONTRACT APPROVAL • Bids were opened on April 18 for this year's park construction project. Twenty-nine contractors and vendors received plan/specification with nine submitting bids. The base bid totals are as follows: • 1. Central Landscaping Inc. $313,753.81 2. Enebak Construction Co. 327,721.95 3. Buesing Corp. 332,777.76 4. Steininger Construction 360,940.20 5. Richard Knutson Inc. 374,459.31 6. D.H. Blattner & Sons 400,000.00 7. Barber Construction Co. 405,170.11 8. G.L. Contracting 426,808.88 9. Park Construction 445,624.62 _2,;�3 (revised) (revised) Agenda Information Memo May 6., 1986, City Council Meeting Page Forty -Two CONTRACT 86-9 F. Contract 86-9, Receive Bids and Award Contract for Park Shelters --Bids were received on April 15 for the construction of park shelter buildings, referenced as Project 86-9. The architec- tural firm of Schwartz -Webber has reviewed the bids and completed a reference check on the lowest bidder. The City Architect on the project and City staff are recommending approval to award the Contract 86-9 to A.L.M. Construction for $382,838. For a list of the bidders, refer to page The architectural estimate was $432,000. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the ® low bid for Contract 86-9 to A.L.M. Construction in the amount of $382,838. • BID OPENING 86-9 - PARK SHELTER Bids were opened on April 15 for Project 86-9, Park Shelter Construction. Eleven contractors received plans and specifications, with eight submitting bids. The base bid totals are as follows: Contractor Base Bids 1. A.L.M. Construction $374,840. 2. Sheehy Construction 388;300. 3. Shaw - Lundquist Construction 402,500. 4. ® H.M.H. Enterprises 419,700. 5. Morcon Construction 435,700. 6. Keho Construction 453,710. 7. Maertens Construction 454,572. 8. C.K.C. Construction 454,950. • Architectural Estimate: $432,000. �2;?J • Agenda Information Memo May 6, 1986, City Council Meeting Page Forty -Three CONTRACT 86-15, HAMPTON HEIGHTS - TRUNK WATER MAIN G. Contract 86-15, Approve Plans/Authorize Advertisement for Bids (Hampton Heights - Trunk Water Main) --In response to a petition submitted by the developer of the proposed Hampton Heights subdivision, the Council held a public hearing and sub- sequently approved the installation of the trunk water main through this subdivision which will also service Wells #8 and #9 presently under construction. These plans have now been completed and are being presented to the Council for their consider- ation, approval and authorization to advertise for bids. The consulting engineering and Public Works Director will be available to discuss any concerns or questions the Council may have regarding the design of this proposed improvement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 86-15 (Hampton Heights - trunk water main) and order the advertisement for a bid opening to be held at 10:3,0 a.m., Friday,, May 30, 1986. Z7iSo MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 2, 1986 SUBJECT: INFORMATIVE MAY AND JUNE CITY COUNCIL SCHEDULE Enclosed on page Z7 -Q is a copy of the May and June City Council schedule. The second Tuesday of each month is generally scheduled for a Special City Council meeting. The City Administrator has tentatively arranged for Lyle -Sumek for that date. Further ® discussion is required regarding a time in which the workshop can begin on that day. VOLUNTEER FIRE DEPARTMENT REPORT Enclosed on page 230 is a copy of the Volunteer Fire Department monthly report for the month of January. BRAD RAGAN TIRE CENTER AGREEMENT The Planning Department has worked out. an agreement. with Brad Ragan Tire Center for a number of improvements to their outside storage. Mr. Lester Spencer and Mr. Sheldon Ramnirine have both. been contacted, in writing, by the Planning Department. A copy of that. letter is enclosed on pages Z3/ through Z 5e,4 for your review. The letter does indicate that this item is to be scheduled on the May 6, City Council meeting, however, according to the original City Council action, unless there was no cooperation by Brad Ragan Tire Center it was not. necessary to bring this item back to the City Council. All the property owners have been notified that the item is not. scheduled for the May 6 meeting. COUNTY BIKE WAY PLAN Enclosed on page 7-315 is a thatreferences an informational May 15, at. the Eagan Library o Parks and Recreation Department will be present. for this meeting. NSP SAFETY WATCH PROGRAM copy of a public meeting notice meeting to be held on Thursday, n the County Bike Way Plan. The and members of the Commission Attached and referenced as pages 7-36 through 2-37 is a copy of,a letter that was submitted to the City and add essed to the Mayor and City Council by NSP introducing their new program entitled "Safety Watch". zz7 SUMMARY OF ADVANCE REFUNDING BONDS Enclosedon pages y3f through 2 3 is a letter and list of bonds that were reviewed for, pohential advanced refunding. A letter from the City's fiscal consultantt and a list. of the bonds are enclosed on pages -ZA/6— through 2944- for your review. Director of Finance Van Overbeke did reference this item at the Special City Council meeting on April 29, INFORMATIONAL NEWSLETTERS Enclosed without page number are information newsletters from the Municipal Legislative Commission and Ehlers and Associates. /S/ Thomas L. Hedges City Administrator r ' • 0 MAY CITY COUNCIL SCHEDULE Tuesday, May 6 (6:30) Thursday, May 8 (7:0,0) Wednesday, May 21 (6:30) Wednesday, May 28 (6:30) Regular City Council Meeting Cable Hearing Regular City Council Meeting Board of Review/Review CIP JUNE CITY COUNCIL SCHEDULE ® Tuesday, June 3 (6:;30) Tuesday, June 10 (TBA) Saturday, June 14 ('9:00 a.m.) Tuesday, June 17 (6:30) Wednesday, Thursday & Friday June 18 - 20 U 2Z Regular City Council Meeting Lyle Sumek Bus Tour/Volunteer Recognition Regular City Council Meeting League of Minnesota Cities Conference EOR MONTH OF January 1986 v WORK PERFORMED TYPE MAN HOURS Fire/Rescue 640 Training 437 Truck & Equipment Maintenance 140 Station Maintenance 389 Fire Prevention 18 Administrative 232 TOTAL 1,856 $ LOSS Structure MANPOWER STATION #1 STATION #2 STATION #3 0 Vehicle 6 i Chiefs 1 1 1 Available Days 8 5 6 Available Nights 12 15 9 Available Rotating 2 0 2 On Leave 2 1 0 Rookies 0 0 0 TEAL 25 22 18 TYPE NUMBER $ LOSS Structure 7 $70,000 Grass 0 0 Vehicle 6 3,500 False 4 0 Medical 7 0 Other 2 0 26 .$73,500, TOTAL DATE NAME IACATION OCCUPANCY $ LOSS 1-20-86 1921 Turquoise Tr. Car $ 2,500 1-7-86 3459 wash. Dr. Car 1,000 z3a �SyO a laj5-361 wah Ell 1 3830 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN. MINNESOTA .55121 PHONE: (612) 4548100 April 14, 1986 LESTER SPENCER 3786 NICOLS ROAD • EAGAN, MN 55122 Re: Outside Storage at Brad Ragan Tire Center and Field Maintenance (3815 Nicols Road) Conditional Use File: 19 -CU -5-4-81 Dear Mr. Spencer: BEA BLOMQUIST Maroc THOMAS EGAN JAMES A SMITH VC ELLISON THEODORE WACHTER Council Members THOMAS HEDGES CIN Administrator EUGENE VAN OVERBEKE ON Clerk I am writing in response to my meeting with you and Mr.Sheldon Ramnarine on Wednesday, April 2, 1986 regarding the outside storage practices of the Brad Ragan Tire Center and Field Maintenance Inc. located at 3815 Nicols Road (Section 19, Lot 20, Block 25). The purpose of this letter is to review the topics discussed during the meeting and to what degree the City of Eagan is able to address your concerns. At our April 2nd meeting, you and Mr. Ramnarine suggested several methods for improving the outside storage arrangements at Brad Ragan and Field Maintenance, and included: 1. The City of Eagan require a setback of at least 20 feet from the slope on the north side of the property for outside storage; 2. That landscaping (i.e. berming) and additional vegetation be required along the entire north perimeter of the property; 3. That noise levels emitted by the two businesses be substantially reduced during and after normal business hours. Further, that a board fence of at least 10 feet in height be installed along the north side of the site to assist with noise abatement. -7V THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY L SPENCER APRIL 14, 1986 PAGE 2 The following are observations regarding your suggestions based on my knowledge of the site, review of the Eagan Zoning Code and conversations with the City's legal staff. 1. Setback from the north side slope., Brad Ragan Tire Center and Field Maintenance are located on a site that is near your place of residence. The interesting feature in the relationship between the two properties is that your residence is 30 to 40 feet lower than the Brad Ragan/Field Maintenance property (an elevation change from 760 to 790 and 802 • feet) . Because of this dramatic change in elevation the requirement for an outside storage setback from the north side slope is an excellent idea and one the Eagan Planning Department will assertively pursue with officials of Brad Ragan Tire Center and Field Maintenance. It is anticipated that a setback from the north slope will achieve the following: a. reduce the negative visual impact of outside storage; b. reduce the need for berming and other landscaping techniques to minimize the negative visual impact of material stored outside; C. reduce the potential of property damage,, should material stored outside be displaced during a violent storm. 2. Landscaping and berming Your suggestion for landscaping and placement of additional vegetation along the north side of the property was for the purpose of minimizing the visual impact of material stored outside. As stated above, however, this objective will be achieved by requiring a setback along the north boundary of the property and as a consequence there is little need for landscaping, particularly in view of the fact that the area is heavily wooded. 3. Noise The problem of noise emitted by business (commercial and industrial) establishments is a concern the City of Eagan is very sensitive to especially when single family neighborhoods are negatively impacted. One of the purposes for land use zoning and 13v L SPENCER APRIL 14, 1986 PAGE 3 comprehensive planning is to encourage compatible land development. For example, the placement of single family neighborhoods in proximity to each other i's considered a compatible land use whereas land uses which have diverse needs and result in conflicting activities, such as industrial sites near residential neighborhoods, are considered incompatible land uses. Unfortunately, you live in a part of Eagan that is experiencing an incompatibility in land uses. Your residential neighborhood is surrounded by land zoned light industrial (LI) and high density residential (apartment) development. These two zoning designations permit a wide variety of activities generally associated with apartment dwellings and industrial businesses, for example, noise levels that would not otherwise be considered acceptable in a single family neighborhood. Since the zoning is' appropriate for Brad Ragan Tire Center and Field Maintenance, the issue to be addressed is whether noise emitted by a business can be regulated via a conditional use permit for outside storage. Section 11.20 subdivision 16 part C of the Eagan Zoning Code (page 312) states in part that the conditional use process regarding "Industrial" districts may regulate a variety of activities, none of which, however, address the issue of business related noise. While Section 4.30 subdivision 5 (page 72) alludes to the issue of noise precipitated by excavation and construction activities this is not comparable to the issue at hand and there is little question the two businesses do not violate the Noise Pollution Control Section of the Minnesota State Regulations published by the Minnesota Pollution Control Agency. As a result of reviewing the aforementioned documents, it is my opinion and that of City legal staff that business related noise cannot be regulated by a conditional use permit for outside storage given that said business is in compliance with all zoning ordinances. The Eagan_ City Council tentatively plans to discuss the outside storage practices of Brad Ragan Tire Center and Field Maintenance at its regularly scheduled Tuesday, May 6, 1986 meeting. You are certainly encouraged to attend this meeting and share your concerns with the City Council. In preparation for the May 6th meeting, City staff will prepare a report regarding this issue. z3 3 L SPENCER APRIL 14, 1986 PAGE 4 Please contact me by Wednesday, April 23.rd, if you would like additional issues or suggestions addressed in the staff report. Further, I trust you will contact me if this correspondence misrepresents your position in any way or you would like to communicate additional suggestions. Sincerel , eASt v ' en Sac h wanke Planning Department SS/hb cc: Thomas L. Hedges Dale Runkle David Keller z3� • E Meeting, Notice Public Meeting on County Bikeway Plan The Dakota County Board is soliciting comments from County residents and local officials concerning the future funding of bikeways by the County. A public informational meeting will be held on Thursday, May 15, 1986, at 7:00 P.M. in the Eagan Library Meeting Room, 1340 Wescott Road. The purpose of the meeting is to receive comments on the draft County Bikeway Plan. The Plan identifies the proposed bikeway projects for funding by Dakota County. The bikeway projects which are scheduled for construction in 1987 with road projects include the following: Pilot Knob Road from I -35E to Cliff Road; Cliff Road from Johnny Cake Ridge Road to Pilot Knob Road; Cedar Avenue from Whitney Drive to Dodd Boulevard; and County Road 42 from Redwood Drive to County Road 11. Other bikeway projects proposed for construction by 1990 include Babcock Trail from County Road 14 to County Road 18; County Road 18 from Babcock Trail to Cahill Avenue; County Road 42 from Diamond Path to Trunk Hwy. 3; and County Road 38 from Johnny Cake Ridge Road to Pilot Knob Road. Since 1980, 20 miles of bikeways on the County System have been constructed. Dakota County has provided over $400,000 in County funds from 1980 through 1986. The County currently provides 100% funding for construction of bikeways on the approved County Bikeway System, while cities have agreed to provide the • routine maintenance on the trails. In reviewing the draft Bikeway Plan, the County Board will be considering whether or not to .continue the County's commitment for funding bikeway construction. The County is concerned about the amount and type of 'use and future cost of bikeways. Persons interested in providing comments 'should attend the May 15, 1985 meeting. Written comments may be presented at the meeting to sent to: Dakota County Board of Commissioners, Government Center, 1560 West Hwy. 55, Hastings, MN 55033. Copies of the County Bikeway Plan may be obtained by calling Dakota County Planning Services, 437-0225. z35 April 18, 1986 City of Eagan 3830 Pilot Knob Rd St. Paul, Mn. 55122 Dear Mayor & City Council Northern States Power Company Red Rock Division 3000 Maxwell Avenue Newport, Minnesota 55055 Telephone (612)459-5580 This letter is to inform you of NSP"s new program "SAFETY WATCH." We're moving quickly to implement the Safety Watch Program before the end of the school year. Because Safety Watch is a community program, dependent upon our relations with each community's schools and police department, we will 'try to keep you informed about our program. What is the official name of NSP's new community safety program? Safety Watch. NSP has borrowed this trademarked name with permission from KPL Gas Service, Kansas City. Other participating utilities have called their programs Crime Watch (New Jersey Power and Light, Ohio Edison). Eyes • and Ears (Detroit Edison) and Radio Watch (Delmarva). NSP choose Safety Watch because it suggests watching out for others' safety. What is the purpose of the program? Safety Watch has two purposes: One, it identifies NSP - identified vehicles as a "safe haven" for young children and senior citizens (or anyone, really) in distress. Our employees will be trained to help by using their two-way radios to relay the problem to NSP dispatchers, who, in turn will contact local police or fire officials. Second, our employees will be extra "eyes and ears" for their local authorities, reporting any unusual events. Many NSP employees do this already. So why the formal program? 7-36, April 18, 1986 Page 2 By formalizing, and naming, a community service many NSP employees already perform, the public will become aware that NSP employees can assist in an emergency. When will NSP implement the program? By May 15 NSP will complete the new signage on marked vehicles, inform children in grades K-3 and their teachers and principals, inform all employees and the news media, and train crews and dispatchers. Phase Two will begin immediately thereafter, when NSP will direct publicity at senior citizens and build on customer awareness with a June bill insert. ® Thanks for your'enthusiasm and support for what we believe to be a most worthwhile community service program. lJ Sincerely, / /4 Lou Howard Red Rock Division General Manager 737 MiRer & Schroeder Inc. Tull Free Minnesota (800) 862-6002 Toll Free Other States (800) 328-6122 Northwestern Financial Center • 7900 Xerxes Avenue South • P.O. Box 789 • Minneapolis, Minnesota 55431 (612) 831-1500 April 11, 1986 Mr. Gene Van Overbeke, Finance Director City of Eagan City Hall 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Gene: Enclosed is a summary of all the bonds issued by Eagan in recent years concerning their potential for advance refunding. Listed below are five basic problems with refunding now, even though interest rates are low: 1. The rate on investments used to pay off the old bonds cannot exceed the rate on the new bonds. Hence, "front money" is required which must be recaptured by adjusting principal on the new bond issue. It takes a longer period of time to recapture this front money than it would when general interest rates are somewhat higher. 2. The front money required can earn an unlimited yield, but problems occur because interest rates on government securities are down sharply compared to rates on tax -exempts. This further increases the normal front money needs and directly reduces savings. 3. The park bond program could be refunded, but it requires a great deal of front money that cannot be fully recaptured until 1990. Also, there probably are few excess funds available in the park fund. Money from other sources can be utilized, but we still would not recommend refunding at this time. We will take another look at the issue in August or September. 4. Up to January 1, 1986, the escrow account, which pays off the old or refunded debt, could also pay a large portion of issuance costs including discount. This no longer is true under H.R. 3838 and thus substantially reduces savings on each issue refunded. 5. Generally, a large percentage of the bonds must be callable compared to total issue size. Most of the Eagan programs are front loaded because of shorter assessment periods, resulting in few bonds being callable. How- ever, shorter assessment issues will result in lower interest costs. The market may yet allow you to refinance one or more issues in the future. Perhaps the final tax bill will not affect refunding adversely, in which case a portion of z39 HcaJquaners: Minneapolis, Mtnoe oa - Bran hOffi,e,:Solana Beach.Califomia • Sana Monica.Califomia • Nor,hhrook,lllinoi, • StTaul,MlnneWa • Tdlahaue. Florida • hlilwaukeq Wiscomin flrnJrr m she Furn,ry In. .... 1'nnnuw CLm�un... • 1] issuance costs could be recovered. Also, government rates must rise in relation to tax -exempts in order to reduce front money. Keep in mind that many of your issues will be called or prepaid on the actual date. At that point, the issues will be very short and, should sell at very favorable rates. We will keep you posted on any relevant news. Cordially; MILLER & SCHROEDER FINANCIAL, INC.. David L. Goblirsch Vice President DLG/dwh Enc F y3 c EAGAN, MINNESOTA Interest Amount Rates on Purpose of Original Amount of Date of Bonds Earliest of Bonds Callable Advance Refunding Bond Issue Issue Issue Callable Call Date Callable Bonds Potential G. O. Advance Refunding $1,820,000 03-01-78 1987/90 12-01-86 $ 240,000 4.75-4.90% None. Rates are too low. All Bonds which refunded at Par previous issues refunded must bonds issued in 1974, also first be paid in full 1975 and 1976 prior to another advanced refunding. G. O. Improvement Bonds 1,555,000 06-01-78 1989/93 09-01-88 375,000 5.30-5.50 None. Rates are too low. of 1978, Series A at Par Amount of callable bonds too. sm all. G. O. Improvement Bonds 1,915,000 11-01-78 1991/94 11-01-90 335,000 5.60-5.75 None. Not enough bonds call - of 1978, Series B at Par able. Rates are too low. 'Z,G. O. Improvement Bonds 6,385,000 06-01-79 1990/95 06-01-89 1,480,000 5.55-5.80 None. Callable bonds carry Q Series A at Par too low of a rate. G. O. Improvement Bonds` 1,825,000 12-01-79 1991/95 12-01-90 400,000 6.60-6.80 None. Rates are too low on of 1979, Series B and ) at Par callable bonds. Not enough G. O. Fire Station Bonds / 382,000 bonds callable. G. O. Improvement Bonds 3,060,000 07-01-80 1990/96 07-01-89 355,000 6.50-7.00 Original issue very heavily 1980 at Par front loaded with bond prin- cipal. Almost all of the issue is paid off by 1987. Rates too low. G. O: Improvement Bonds 3,650,000 12-01-80 1991/96 12-01-90 650,000 9.10-9.70 $2,500,000 of the original issue of 1980; Series B at Par is paid by 12-01-86. Not enough bonds are callable. 5% savings test is not met. This issue will probably be refunded directly on 12-01-90. r ,age 2 E Purpose of Original Amount of Date of Bonds Earliest Bond Issue Issue Issue Callable Call Date G. O. Improvement Bonds 4,530,000 08-01-81 of 1981 G. O. Improvement Bonds 2,875,000 12-01-81 of 1981, Series B Interest Amount Tates on of Bonds Callable Callable Bonds G. O. Improvement Bonds 2,400,000 12-01-82 1993/97 06-01-92 225,000 8.75-9.00 of 1982 and G. O. City Hall Bonds 965,000 12-01-82 1995/97 12-01-94 300,000 9.25-9.50 of 1982 tJ 1 Equipment Certificates 125,000 of 1983 G. O. Improvement Bonds 4,950,000 12-01-83 1994/99 07-01-93 925,000 8.75-9.25 of 1983 G. O. Water Revenue 5,500,000 06-01-83 2000/03 06-01-99 1,600,000 9.30-9.40 Bonds Advance Refunding Potential This issue was advance refunded in 1985 along with $2,875,000 Bonds of 1981, Series B This issue was refunded in 1985 with'the $4,530,000 1981 Bonds Very small percent callable. Issue was heavily front loaded. May be refunded directly 06/92. Too few bonds callable. Neither issue meets minimum savings test of 3% interest cost. May be refunded directly 12-01-94 No call option. Issue too small and too short to carry a call option. Rates are high, but refunding does not meet savings test. Very small percent of the issue is callable. Call date very late and too few bonds are callable as percent of total issue. Refunding will not meet minimum savings test. Page 3 Interest Amount Rates on Purpose of Original Amount of Date of Bonds Earliest of Bonds Callable Bond Issue Issue Issue Callable Call Date Callable Bonds G. O. Improvement Bonds 7,280,000 10-01-84 1997/02 04-01-96 1,050,000 9.60-10.00 of 1984 at Par G. O. Park Bonds of 1984 4,410,000 G. O. Refunding Improve- 3,250,000 ment Bonds of 1985, Series A and G. O. Refunding Improve- 2,290,000 ment Bonds of 1985, Series B G. O. Improvement Bonds 9,500,000 r 10-01-84 1996/2000 10-01/95 2,300,000 9.50-10.00 at Par 02-01-85 These bonds refunded the 1981 Improvement Bonds; Series A is callable on 02-01-90 at par and Series B is callable on 02-01.91 at par. Interest rates on the 02-01-85 callable bonds are 7.50-8.80% 11-01-85 1996/01 11-01-95 Advance Refunding Potential Not enough bonds callable in relation to size of issue. Most principalis due in early years and are not callable. Will probably be refunded in 1996 as a.straight refunding. Meets savings test and is a potential advance refunding. These bonds would be refundable but state law prohibits any advance refunding until the original 1981 issues are paid off. Both of these programs should be prepaid or resold on their regular call date. 1,225,000 7.80.8.40 Very small percentage of bonds Are callable. Issue is paid off in early years. Will not meet savings test.