08/05/1986 - City Council RegularADMINISTRATIVE AGENDA
REGULAR CITY COUNCIL MEETING.
EAGAN, MINNESOTA
AUGUST 5, 1986
CITY ATTORNEY
Item 1. Lembke Trucking Company vs. City of Eagan
CITY ADMINISTRATOR
Item 1. Multifamily Revenue
Apartment Project
Item 2. Joint Resolution
Corridor
DIRECTOR OF PUBLIC WORKS
Bond Amendment for Royal Oak Circle
Concerning Eagan - Mendota Heights
Item
1.
Approve Grading Permit EX25-116 (Fawn Ridge 2nd Addition)
Item
2.
Approve Joint Powers Agreement with Apple Valley ('Sanitary
Sewer Service)
Item
3.
Vacate Drainage and Utility Easement, Receive Petition/
Order Public Hearing (Lot 3, Block 1, Eagandale Center
Industrial Park
Item
4.
Review Truck Restriction, Wescott Road
Item
5.
Project 479 (Lexington/Northview Park Trunk .Storm Sewer.)
Define Extent of Report Preparation
Item
6.
Authorize Replacement of Vehicle #127 (Road Grader)
Item
7.
Approve Resolution, Project 460 (Nicols Road)
/5,3
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: AUGUST 4, 1986
SUBJECT: ADMINISTRATIVE AGENDA
CITY ATTORNEY
Item 1. Lembke Trucking Company v. City of Eagan --Enclosed on
pages through 160 is.a legal summary on Lembke Trucking
Company v. City of Eagan. The City Attorney's office is suggesting
a settlement which is outlined in the memo. City Attorney Hauge
will provide some background on this item.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a
settlement with Lembke Trucking Company v. City of Eagan case.
CITY ADMINISTRATOR
Item 1. Multifamily Revenue Bond Amendment for Royal Oak Circle
Apartment Project --The developer of the Royal Oak Circle Apartment
Project, Asp Construction Company, is requesting an amendment to
construct their multifamily rental unit project in two (2) phases.
The first phase would include 231 apartment units to be financed
with the bonds previously approved and Phase Two would include 66
units to be financed with a conventional loan. Since the original
297 multifamily rental unit approval included 60 units that would be
set aside specifically for occupancy by low and moderate income
families, those 60 units will be included in Phase One. The
amendment to the multifamily revenue bond proceeding reduces the
number of rental units to 231 and does not alter the amount of the
bond issue. Enclosed on page is a letter from the developer's
attorney outlining the request.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an
amendment to the Royal Oak Circle Apartment multifamily revenue bond
project to reduce the number of units to 231 to be financed with the
bonds as previously approved by the City.
Item 2. Joint Resolution Concerning Eagan - Mendota Heights
Corridor --Enclosed on pages /67, through /65 is a memo from
Administrative Assistant Hohenstein and a copy of the joint
resolution that requires parallel runway operations consistent with
the Eagan - Mendota Heights corridor. A draft copy of this
resolution was presented to the City Council, however, action was
continued allowing the. City of Mendota Heights to review the
resolution and make any revisions. The attachment as referenced
provides a final draft of the resolution and comments on the
specific changes made by the City of Mendota Heights.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the joint
resolution as presented.
16v-
DIRECTOR OF PUBLIC WORKS
Item 1. Approve Grading Permit'EX25-116 (Fawn Ridge 2nd) --We have
received an application for a grading permit which conforms to the
approved preliminary plat for the Fawn Ridge 2nd Addition. All
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 grading permit
#EX25-116, Fawn Ridge 2nd Addition.
Item 2. Approve Joint Powers Agreement with Apple Valley (,Sanitary
Sewer Service) --We have received a request from the City of Apple
Valley to enter into a joint powers agreement necessary to provide
their city with sanitary sewer service to approximately 117 acres
proposed to be developed as single-family residential located
between Cedar Avenue freeway and Galaxie Avenue just south of the
Safari Reservoir. Due to topographic restrictions, Apple Valley
cannot provide sanitary sewer service to this property without a
double lift station design. When the City of Eagan's comprehensive
sanitary sewer master plan was prepared, it anticipated providing
gravity sanitary sewer to this portion of Apple Valley. These 117
acres are proposed to be developed into 136 (+/-) large lot,
single-family homes. Eagan's sanitary sewer system has been
properly designed and has the adequate capacity necessary to
handle this proposed development period.
Enclosed on page lUo is a map showing the relationship of this
property to the City's trunk sewer system.
The agreement provides the requirement for Apple Valley to convey
to the City of Eagan .all trunk area related assessments, connection
fees and user's fees less 10% for their collection and billing
costs. This proposed agreement has been reviewed by representa-
tives of the Public Works Maintenance Division and Finance Depart-
ment and is being presented to the Council for favorable
consideration.
ACTION TO BE CONSIDERED ON THIS ITEM: Approve the Joint Powers
Agreement with Apple Valley for :sanitary sewer service and author-
ize the Mayor and City Clerk to execute all related documents.
Item 3. Vacate Drainage and Utility Easement„ Receive Petition/
Order Public Hearing (Lot 3, Block 1, Eagandale Center Industrial
Park) --With the proposed development of the Eagandale Office
Park 4th Addition (-Compri Hotel and Restaurant), it is necessary
to vacate an existing 10 -foot wide drainage and utility easement
adjacent to the lot line of Lot 3, Block 1, Eagandale Center
Industrial Park which is being replatted under this proposed
development., In response to this petition, it would be appropriate
for the Council to schedule a public hearing to formally discuss
this vacation.
/;5
Item 3. (continued)
ACTION TO BE CONSIDERED ON THIS ITEM. To receive the petition
to vacate a drainage and utility easement (Lot 3, Block 1, Eagan -
dale Center Industrial Park) and order the public hearing to
be held September 2, 1986.
Item 4, Review Truck Restriction, Wescott Road --Although no
documentation or records can be found, the Public Works Director
recalls that approximately four years ago, the Council responded
to a complaint from the property owner on Wescott Road just
west of South Hills regardingthe speed of traffic and volume
of truck traffic along this segment of gravel road. Subsequently,
the Council restricted truck traffic on Wescott Road from Elrene
Drive to Lexington Avenue and the Public Works Department put
up the appropriate restrictive enforcement signs.
Operations Captain Aszmann from the Police Department has indicated
considerable difficulty in enforcing this truck traffic restriction
to the level of service required_. by the complaintant property
owner.
With the increase in development of the Lexington Square and
Greensboro Additions, the proposed upgrading of the western
one-half mile of this gravel road near Lexington Avenue and
the major collector status of this roadway, the general public
does not comply or adhere to the City's restrictive signage.
Therefore, the Police Department Operations Captain Aszmann
has requested the Public Works Department to review with the
Council the continued need for restricting truck traffic on
this one-half mile segnment of Wescott Road. The Public Works
Director will be available to discuss specific concerns in further
detail and recommended action.
ACTION TO BE CONSIDERED ON THIS ITEM: To review existing truck
traffic restrictions on Wescott Road and provide appropriate
direction to City staff regarding modifications and/or enforcement.
Item 5. Project 479 (Lexington/Northview Park Trunk Storm Sewer)
Define Extent of Report Preparation --During the public hearing
for Project 473 for the trunk area storm sewer improvements
along Pilot Knob Road (Mooney Lake Outlet), there was considerable
criticism of staff regarding the lack of detailed survey infor-
mation prepared in conjunction with presenting the feasibility
report at the time of the public hearing. It has been the City's
policy that limited survey and design work be performed as a
part of the feasibility report preparation process for economic
considerations of projects that may not be approved.
Project 479 and 'other similar trunk area storm sewer- improvements
will always generate considerable concern and complaints from
property owners affected by either assessments or construction
alignment. Therefore, staff would like to receive direction
F
Item 5. (continued)
from the Council as to the level of detail and expense that
should be expended in preparation of a preliminary feasibility
report.
Additional comments and concerns will be provided by the Public
Works Director at the August 5 Council meeting pertaining to
this item.
ACTION TO BE CONSIDERED ON THIS ITEM: Reaffirm/modify policy
regarding level of detail provided in feasibility report prepara-
tions.
Item 6. Authorize Replacement of Vehicle #127 (Road Grader) --In
1981, the City purchased a new John Deer road grader to supplement
our street maintenance operations. As discussed with the Council,
on the June 17th meeting, the City elected to exercise its option
of a guaranteed buy-back from the dealer which was to expire
on July 5, 1986. This guaranteed buy-back resulted in the City's
being able to sell this equipment for $98,766 (approximately
$5,000 more than original purchase price). The estimated replace-
ment value is approximately $125,000.
Since this guaranteed buy-back option was exercised by the City,
we are short one road grader for street maintenance operations
until the replacement vehicle can be acquired. In evaluating
our gravel road and snow/ice control operations, the Superintendent
of Streets/Equipment and the Director are recommending the following
options for 'Council consideration:
1. Purchase new. road grader with buy-back funds and trade-
in salvage value of Vehicle #121 (1965 road grader). Net
cash outlay required by the City of Eagan for estimated
cost difference would be approximately $10,000-$15,000.
With the continued reduction of gravel road miles requiring
road grader maintenance, these two road graders can
easily be consolidated into one multi-purpose road
grader piece of equipment.
2. If Option 1 is elected, it will have the result of
reducing our snow removal maintenance equipment by
one vehicle for the upcoming snow removal season.
Due to lack of budget allocations in 1986 and the time
frame associated with bidding, ordering, receiving
and outfitting a new snow removal vehicle, it is not
practical that this can be accomplished prior to the
snow removal season. Therefore, authorization is requested
to rent or lease (with option to buy) a new dump truck
with plow and sander until the vehicle could be replaced
as a part of the 1987 budget allocation process.
/57
Item 6.(continued)
3. If options 1 and 2 are not elected, the staff is requesting
authorization to rent or lease (with option to buy)
a replacement road grader at the earliest opportunity.
The Public Works Director will be available to discuss in further
detail any of the above or other options that may be available.
ACTION TO BE CONSIDERED ON THIS ITEM: Authorize the appropriate
replacement of Vehicle #127 (road grader).
Item 7. Approve Resolution, Proj. 460 (Nicols Rd) - Restrictive
Parking --With Nicols Rd. proposed to be upgraded and financed
with municipal state aid funds, it is necessary to pass the
resolution enclosed on page Z�� This resolution indicates
that the only on -street parking that would be allowed would
be parallel with the curb and any angle or perpendicular parking
would not be allowed. This is a minor formality necessary to
comply with all state aid financing rules and regulations.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve resolution
regarding restrictive parking on Nicols Rd. (.Project 460) and
authorize the Mayor and City Clerk to, execute said resolution.
/s/ Thomas L. Hedges
City Administrator
is?
HAUGE, EIDE & HELLER. P. A.
ATTORNEYS AT LAW
WATER VIEW OFFICE TOWER, SUITE 303
1200 YANKEE DOODLE ROAD
EAGAN, MINNESOTA 55123
PAUL H. HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. aELLIN
MICHAEL J. MAYER
Mr. Thomas L. Hedges
City Administrator
3830 Pilot Knob Road
Eagan, Minnesota 55123
July 23, 1986
Re: Lembke Trucking Company v. City of Eagan
Dear. Mr. Hedges:
AREA CODE 612
TELLPKONE 456.6000
4544224
I am writing to summarize the final resolution of this matter for you. As you
will recall, Mr. Lembke sued the City of Eagan for damages due to loss of
business, damages due to defamation and for declaratory judgment determining
that the Council actions of July 16, 1985 and August 20, 1985 discontinuing
the conditional use permit for Lembke Trucking Company were arbitrary and
capricious and requiring that the City reissue that permit.
You will recall that approximately two months ago I met with yourself, Dale
Runkle, Steve Bryant and Ted Grindal to discuss disposition of this case. A
proposed a ettlement stipulation was drafted and this is basically the final
agreement that was reached with some reduction in the dollar amount of the
financial security required and one change in a condition. As of the trial
date, July 22, 1986, Mr. Lembke had complied with all of the conditions
imposed in the initial development contract and conditional use permit with
the exception that he had two, licensed trailers parked off of the area
delineated as storage area in the initial site plan, in the area that he -has
stored the trailers in the past.
TERMS OF SETTLEMENT: The City of Eagan shall reissue a conditional use permit
based upon the 'original conditions imposed by the City Council in 1980. Mr.
Lembke is ordered to strictly follow all of those conditions. The area
delineated as storage area shall be that shown on the original site plan plus
an area fifty (50) feet in depth and sixty (60) feet in width along the back
(north side) of Mr. Lembke's building. This area shall be graded and covered
with crushed limestone. Mr. Lembke shall be allowed to maintain the $2,000
landscape bond that he originally submitted, and any interest which has
accrued thereto, and shall bring this amount up to a total of $5,000 which
shall be available to the City as financial security in the event of any
future violations. This $5,000 bond shall be maintained with the City for a
period of five years.
r' .
Mr. Thomas L. Hedges
July 23, 1986
Page Two
In the event that any violation of any condition imposed by the City Council
is observed, Mr. Lembke will be given written notice of said violation. If
Mr. Lembke fails to correct said violation within 14 days of the notice, the
City may collect upon the bond in the amount of $100 per day until the
violation is corrected. In the event that the City is required to take legal
action to enjoin Mr. Lembke from the continued use of his property or to
correct the violation of the condition, and it is determined by the Court that
a violation of a condition has occurred, the City shall be entitled to
attorney's fees in a sum up to $2,000. The procedure for obtaining judicial
relief would be simply to file an Order to Show Cause and a Motion (which can
be set on in seven days) requiring Mr. Lembke to appear and show cause why he
should not be found in contempt of the Order which is being issued now and to
determine whether he is in violation of a condition of his development
contract and conditional use permit.
Mr. Lembke will raise the amount of the bond to $5,000 and apply the
additional crushed rock to the storage area prior to September 1, 1986.
This settlement agreement should be approved by the City Council who should:
1. Reissue the conditional use permit to Mr. Lembke under the original
conditions.
2. Amend the condition relating to the storage area to include the area
previously shown on the site plan plus the additional area to be graded at
this time. I believe that it was accepted by all of us that vehicles
stored to the rear of the building would be less visible.
Because the terms of the settlement agreement are so similar to our previous
discussion, I conveyed to the Court that I felt assured that Staff would
support this resolution.
KWE:cjb
160
Very truly yours,
HAUGE, EIDD S LLER, P.A.
L-kevin W. Eide
J J L 2 5190 6
HOLMES & GRAVEN
CHARTERED
470 Pillsbury Center. Minneapolis. Minnesota 55402
July 23, 1986
Mr. Thomas Hedges
City Manager
3830 Pilot Knob Road
Eagan, Minnesota 55122
Re: $12,580,000
City 'of.Eagan Multifamily Revenue Bonds
Royal Oak Circle Apartments
Dear Tom:
As bond counsel for the above -referenced bond issue, I am writing to inform you of
certain changes which the developer, Asp Construction Company, proposes to be
made with respect to the Royal Oak Circle Apartment project. The rental project
is to be located on the corner of Federal Drive and Violet Lane in Eagan. The
project as approved by the City in December of 1985 will include 297 multifamily
rental units of which 60 units will be set aside specifically for occupancy by low
and moderate income families residing in the City of Eagan. As you recall, the
City issued $12,580,000 multifamily housing revenue bonds for the project in
December, 1985.
At this point, the developer intends to construct the projectin two phases. Phase 1
will include 231 apartment units to be financed with the bonds previously approved
by the City. Phase 2 will include 66.units to be financed with a conventional loan.
The developer agrees that the 60 units set aside for low and moderate income
families will all be included in Phase 1.
The developer intends to sell the bonds to an institutional tax-exempt fund who has
indicated its willingness to finance the, project. I have reviewed the legal aspects
of the transaction and have determined that amendments will have to be made to
the bond documents by the City Council of the City in order for this proposed
financing to proceed. These amendments will be agreed to by all parties and then
presented to the City Council for its consideration. The proposed amendments will
assure continued compliance with both state and federal law.
If you have any questions regarding the foregoing, please contact me at your
earliest convenience.
Sinc el/yJ,
C
ff- C.
John C. Utley
JCU/jm
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM:
DATE: JULY 25, 1986
ASSISTANT HOHENSTEIN
SUBJECT: JOINT RESOLUTION CONCERNING EAGAN - MENDOTA HEIGHTS
CORRIDOR
Attached please find a copy ,of the draft resolution and the
resolution worked out with the City of Mendota Heights regarding
the corridor. The principle changes are as follows.
1. The paragraph concerning visual and instrument conditions
was removed at the request of Mendota Heights because the
initial paragraph of the resolution's conclusion references
VFR conditions also. Moreover, it is illustrative of
paragraph 9 and adds little to the meaning of what has
already been said in that paragraph.
2. The order of the paragraphs has been changed to follow a
slightly different logical sequence then the original. That
sequence references the problem itself, the positions of the
respective parties, the efforts made on the part of the
cities to plan in accordance with the assumptions which were
made in the past, and the decay of that system. These
changes, were effected without changing the wording of any of
the remaining paragraphs with the minor exceptions below.
3. The Airport Noise Committee suggested that the date of the
attachment be inserted in two locations within the text,
namely paragraph 6 of the initial clauses and paragraph 1 of
the conclusion, so as to avoid confusion with any prior or
subsequent noise zone maps.
Mendota Heights has passed the resolution in concept, subject to
Mayor Lockwood's request for the reordering of the paragraphs. I
have sent two, copies of the resolution to Kevin Frazell and
requested that he have it completed and executed. I am
relatively comfortable with the document as it stands. If you
have any questions about it, we can discuss them upon my return
next week.
�strative Assistant
Enclosures
JDH/jeh
14 v
RESOLUTION
CITIES OF..,EAGAN AND MENDOTA.;HEIGHTS
DAKOTA COUNTY, MINNESOTA
NO.
JOINT RESOLUTION TO REQUIRE
PARALLEL RUNWAY OPERATIONS CONSISTENT WITH
THE EAGAN-MENDOTA HEIGHTS CORRIDOR
WHEREAS, a concerted effort is being made to maximize operations
southeast of the airport to reduce the noise impact on more densely populated
communities also adjacent to the airport; and
WHEREAS, the Cities of Eagan and Mendota Heights have provided a
corridor of land uses along their mutual boundary which is largely compatible
with overflights by turbojet aircraft operating at the Minneapolis -St. Paul
International Airport; and
WHEREAS, the Eagan -Mendota Heights` Corridor provides an adequate
area of compatible land uses for operations, even when diverging separation is
in use; and
WHEREAS, the Metropolitan Airports Commission (MAC) has expressed a
commitment to the maintenance of the corridor as a part of its historical and
long-term noise abatement strategy; and
WHEREAS, the Federal Aviation Administration (FAA) has repeatedly
stressed the need for noise compatible land -uses as a means of accommodating
operational noise generation;. and
WHEREAS, the Cities of Eagan and Mendota Heights are required by the
Metropolitan Council to plan and execute their comprehensive land development
on the basis of the noise zones developed in 1981 and contained within the
Aviation Chapter of the Metropolitan Development Guide (see Attachment I),
said zones having been prepared by the Minnesota Department of Transportation
using operational assumptions, projections and presentations provided by the
FAA and the MAC; and
WHEREAS, the corridor defined by those noise zones was created and
is maintained to accommodate the disproportionate amount of turbojet traffic
operating southeast of the airport under the Preferential Runway System (PRS);
and
WHEREAS, the Cities of Eagan and Mendota Heights have supported the
PRS as a means of providing noise relief for the rest of the airport's
neighbors and consider compliance with the corridor to be a means of enhancing
the viability of -the PRS and in no way intend to restrict or impair the
capacity of parallel departures on 11L and 11R; and
/� 3
WHEREAS, there „has- occurred in recent years a progressive and
"intolerable pattern of deviations from the operational headings on which the
corridor was based, under operational and weather conditions for which their
use was prescribed, severely impacting the residential neighborhoods which
were to be protected by the development of the corridor and the accomodations
of the PRS and its noise abatement measures; and
WHEREAS, changes in operations have a broad impact on the planning
assumptions of the regional system and should not be undertaken without first
assessing such impact in concert with the council of the affected communities
and the Metropolitan Council;'
NOW, THEREFORE, BE IT RESOLVED by the Cities of Eagan and Mendota
Heights that the Metropolitan Airports Commission, Metropolitan Aircraft Sound
Abatement Council, Federal Aviation Administration, and Air Transport
Association be required to maintain all arriving and departing aircraft on
Runways 11L and 11R on compass headings consistant with the ground tracks used
to formulate the noise zone planning contours of the Aviation Chapter of the
Metropolitan Development Guide developed in 1981 (Attachment I) and cease all
deviations from such headings under VFR conditions except as necessary for
reasons of safety; and
BE IT FURTHER RESOLVED that the Cities hereby request that the
Metropolitan Airports Commission and Federal Aviation Administration provide
written notice to the respective Cities and the Metropolitan Council whenever
operational changes of a permanent or extended duration are under
consideration that would act to shift operations to flight tracks that alter
the noise zone boundaries on which the communities' land uses are based.
CITY COUNCIL CITY COUNCIL
CITY OF EAGAN CITY OF MENDOTA HEIGHTS
By:
Its Mayor
Attest:
Its Clerk
Date:
MOTION MADE BY:
SECONDED BY:
THOSE IN FAVOR:
THOSE OPPOSED:
/4e
By:
Its Mayor
Attest:
Its Clerk
Date:
MOTION MADE BY:
SECONDED BY:
THOSE IN FAVOR:
THOSE OPPOSED:
ATTACHMENT I
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Valley Figure 0.1 MINNEAPOLIS -ST. PAUL INTERNATIONAL AIRPORT
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CITY OF EAGAN
RESOLUTION
NICOLS ROAD PROJECT 460
CONTRACT 86-2
MSAS 195-122-01
WHEREAS, the City of Eagan has submitted to the Comissioner of
Transportation the plans and specifications for the improvement of Nicols Road
from Cliff Road to Diffley Road.
WHEREAS, state -aid funds will be expended on the improvement of this
street, and
WHEREAS, the approved state -aid standards are applicable to this
project limit and restrict all parking.to that which is parallel with the
curb.
NOW, THEN, BE IT RESOLVED that said City of Eagan shall require that
parking of all vehicles within the corporate limits on this Municipal 'State -
Aid Street be parallel with the curb in accordance with the State -Aid
Standards.
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County,
Minnesota, do hereby certify that the foregoing resolution was duly passed.and
adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in
a regular meeting thereof assembled this day of , 1986.
E.J. VanOverbeke, City Clerk
City of Eagan
147
AGENDA
REGULAR NESTING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
CITY HALL
AUGUST 5, 1986
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE
II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES
V. 7:00 - PUBLIC HEARINGS
Ly A. Public Hearing for Project 477, Windtree 7th Addition - Streets
and Utilities
P•�9 B. Public Hearing for Vacation of Drainage and Utility Easement,
Lot d, Block 1, Eagandale Center Industrial Park 6th Addition
C. Public Hearing for Vacation of Ponding Easement in Lemay Lake
Hill's Addition
III. 6:40 -
DEPARTMENT BEAD BUSINESS
P.1 A.
Public Works Department
IV. 6:55 -
CONSENT AGENDA
A.
contractor Licenses
Pq
,/� B.
Selection of Election Judges for 1986 Primary and General
/
Elections
C.
Consideration of Change in Compensation for Election Judges
Ip./y D.
Authorize Consulting Engineering Services for Radio
1
Communications/John DuBois
V.13 E.
Authorize Pavement Evaluation Study, Eagandale Center Industrial
Park
P•1y F.
Project 447, Receive Final Assessment Roll/Order Public Hearing
(Lone Oak Addition - Trunk Watermain)
P.14G.
Project 453, Receive Final Assessment Roll/Order Public Hearing
(Robins Addition - Utilities)
H.
Project 456, Receive Final Assessment Roll/Order Public Hearing
I
(Eagandale Court - Streets & Utilities)
I.
Project 451, Receive Final Assessment Roll/Order Public Hearing
(Hampton Heights - Trunk Watermain)
y�
�.15 J.
Project 424, Receive Final Assessment Roll/Order Public Hearing
1
(Eagandale Lemay Lake - Streets & Utilities)
K.
Vacate Street Easement, Receive Petition/Order Public Hearing
/
(Eagandale Lemay Lake 1st Addition)
p11 L.
Review Bids/Authorize Purchase, Snow Plow Equipment (Veh.#129)
IQ M.
Contract 85-19, Final Payment/Acceptance (Eagandale Office Park
2nd Addition)
F./9 N.
Approve Final Plat, Northview Meadows 2nd Addition
ZZ 0.
Release Temporary Ponding Easement, Northview Meadows 2nd Add.
.25 P.
Approve Resolution Requesting MnDOT Speed Limit Surveys
(Miscellaneous Streets)
Vacate Drainage & Utility Easement, Receive Petition/Order
P.2VQ.
Public Hearing (Town Centre 100 -1st Addition)
V. 7:00 - PUBLIC HEARINGS
Ly A. Public Hearing for Project 477, Windtree 7th Addition - Streets
and Utilities
P•�9 B. Public Hearing for Vacation of Drainage and Utility Easement,
Lot d, Block 1, Eagandale Center Industrial Park 6th Addition
C. Public Hearing for Vacation of Ponding Easement in Lemay Lake
Hill's Addition
VI. OLD BUSINESS
-f.'53 A. Amendment to Eagandale Office Park 4th Addition/Compri Hotel
p.5�- B. Proposed Policy Changes for Gambling Regulations and Practices
VII. NEW BUSINESS
.p,63 A. Approval for Gambling License at Valley Lounge by National MS
Society
P 7 B. On -Sale Wine License, Charlie Chen's Restaurant, 1989 Silver
Bell Center
C. Special Permit to Allow a Directional Sign Along Hwy 13 for the
All American Self Storage, Lot 2, Block 2, Cedar Industrial Park
7� %3 D. S ecial Permit to Allow For Temporary Use of a Church in a LI
I Light Industrial) District at 3584 Kennebec Drive (Cedar
Industiral Park)
VE. Woodridge Apartment Project/Request for a Change in Type of
Rentals to be Offered Within the Housing Project
p.go F. Frederick DeLosh for Rezoning of 13.45 Acres from R-1 to Ag,
2882 Sibley Hil is Drive
&� P G. Conditional Use Permit for Expansion of an Existing Airport Parking Facility (E -Z Air Park/Charles Nolan) Consisting of 974
Parking Spaces on 8 Acres, Located SW of TH 55 & East of
Lexington Avenue, SW 1/4 of Section 2
�.q5 H. Site Plan Review for Safari Shopping Center (Fortune Realty)
Located at Cliff Road and Thomas Lake Road, SE 1/4 of Sec. 28
p./00 I. Site Plan Review for Eagandale Office Center Phase II (Opus
I Corporation Located at Pilot Knob Road and Avalon Avenue, NW
1/4 of Section 3
VIII. ADDITIONAL ITEMS
p.110 A. Public Improvement Projects:
P./Z61. Contract 85-21, Receive Bids/Award Contract (Maintenance
Facility Expansion
p.F7 O 2. Contract 86-20, Approve Plans/Order Advertisement for Bids
(Windtree 7th Addition)
P,IzI 3. Contract 84-02, Approve Change Order #1 (Wescott Trunk
Sanitary Sewer)
y,17 4. Contract 86-21, Approve Plans/Order Advertisement for Bids
I (Parks Dept. Ball Field Backstop & Fencing)
P.I&I 5. Contract 86-22, Approve Plans/Order Advertisement for Bids
(Parks Dept. Parking Lot Lights)
Contract 85-8, Approve Change Order #3 (Town Centre Add )
Additions)
p--pppIZZ 7. Contract 85-11, Approve Change Order #2 (Westbury 3rd Add.)
,/Z3 8. Contract 85-16, Approve Change Order #2 (Safari 2nd Add.)
n 39• Contract 85-27, Approve Change Order #1 (Eagandale Court)
(y B. Review Fee Policy for On- and Off -Sale Liquor License
Investigations
I%. VISITORS TO BE HEARD (for those persons not on the agenda) ;.
%. ADJOURNMENT
9
0
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JULY 31, 1986
SUBJECT: AGENDA INFORMATION
ADOPT'AGENDA/APPROVEMINUTES
After approval is given to the August 5, 1986., agenda and regular
City Council meeting minutes for the July 15 meeting and Special
meeting minutes for the July 10 meeting, the following items
are in order for consideration:
DEPARTMENT HEAD-
BUSINESS
A. PUBLIC WORKS DEPARTMENT
There are four. (9y items to be considered under the Public Works
Department.
1. Contract 86-2, Nicols Road (Reduce Scope of Contract) --Current-
ly, the City of Eagan is soliciting competative bids for the
upgrading of Nicols Road from Kings Road to Beau D'Rue Drive.
The scheduled bid opening is set for August 15, 1986. During
this advertisement process, detailed plans have been submitted
to Mn Dot District 9 State Aid for review and approval prior
to contract award, as necessitated by funding requirements.
Based on most recent traffic counts and projections performed
by Mn Dot personnel, the State Aid will not approve a roadway
width less than 52' (four lanes) north of Diffley Road to Beau
D'Rue Drive. The present design was based on a 52' width at
the signalized intersection of Diffley Road, tapering to 44'
for the major portion to.Beau D'Rue Drive.
This northerly section of Nicols Road reconstruction was proposed
to be a second phase under the contract during the spring/summer
of 1987. The southern portion (Cedar Ridge Circle to Kings Lane)
was proposed to be constructed during the fall of 1986. In order
to meet this agressive schedule for partial construction during
1986, it will be necessary to reduce the scope of the contract
to omit that portion north of Diffley Road from the formal contract
requesting state aid financing.
This northern portion could then be constructed under a new 1987.
contract to either their required design width or a lesser width
if approved through the 6 - 9 month variance request process
through State Aid.
The Public Works Director can discuss in further detail the ramifi-
cations associated with this change in the scope of the contract
at the August 5,meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To reduce the scope of
Contract 86-2 (Nicols Road), omitting that portion north of Diffley
Road..
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Two
PUBLIC WORKS DEPARTMENT CONT'D.
2. Grading Permit Processing --Section 4.30 of City Ordinance
states that a permit is required for any excavations or fills
that meet certain defined criteria under that ordinance.
Subdivision 2, paragraph A states that any work requiring a permit
is unlawful "without first obtaining a permit from the Council".
Based on this ordinance, the Public Works Department has required
that all applications be submitted, reviewed and approved by
staff prior to placing on a Council agenda for formal approval
allowing the issuance of that permit. Staff has been receiving
considerable pressure from developers to get grading permits
put on a Council agenda prior to formal approval by staff, with e.
the understanding that any outstanding concerns would be resolved
prior to formal issuance of permit to the applicant. In those
few situations where the Council has conceded to the applicant's
request of conditional approval, the applicant soon forgets the
remaining unresolved issues and begins work based on "Council
approval". Staff has a difficult time getting the additional
information required while operations are being initiated.
Because of the deadline necessary for preparing the Council packet,
several developers feel that being 1 - 2 days late with full
compliance results in a 2 - 3 week delay in permit approval, based
on present Council meeting schedules.
Therefore, the staff is recommending that the Council deligate
the permit issuance authority as an administrative function to
the Public Works Director, similar to the issuance of building •
permits through the Chief Building Official. This authorization
for administrative issuance of grading permits could be restricted
to only those applications where the preliminary plat has been
approved by Council action. Any other grading permits not
associated with the proposed development would still have to
be processed through the Council at a formal meeting. This would
insure that the Council is aware of the proposed earth moving
activity either through the preliminary plat application process
or a formal grading permit approval for non -development related
land.
By authorizing this administrative authority, the staff would
be able to more efficiently and effectively deal directly with
the developer in a timely manner without unnecessarily holding
up proposed developments. The Public Works Director would still
insure that all items have been fully and satisfactorily complied
with before the administrative issuance of the permit or schedul-
ing for formal Council approval.
ACTION TO BE CONSIDERED ON THIS ITEM: Authorize the Public Works
Director to issue permits for excavations and fills under Section
4.30 without formal Council action for only those properties
covered by an approved preliminary plat.
.-?
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Three
PUBLIC WORKS DEPARTMENT CONT'D.
3. Stop Sign Request, Terminal Drive and Yankee Doodle Road
('Mike Gresser),--Enclosed on pages �--6 is a petition that the
City received, requesting the installation of stop signs at two
of the three legs of the intersection of Terminal Drive with
Yankee Doodle Road as shown by the map enclosed on page
The City Engineer can support the request for the installation
of a stop sign on Yankee Doodle Road, controlling traffic exiting
from Mr. Gresser's new business operations. However, it would
be inappropriate to stop through -traffic movement from Terminal
Drive onto Yankee Doodle Road towards T.H. 13, as this does not
meet any of the warrants required or necessary for the installation
40 of a stop sign. Research of the Police Department has resulted
in no record of any accidents at this intersection. "Near misses"
are not kept of record, but the Police Department has no knowledge
or information of any problems supporting the requested stop
sign installation on Terminal Drive.
Both stop signs have recently been installed without the City's
authority by Mr. Gresser. These signs have since been removed
until formal Council action.
It should be noted_ that the modifications to the intersection
configuration that have been performed by Mr. Gresser have been
done so without City authorization, permit issuance or staff
concurrence. A considerable amount of correspondence has been
generated trying to get. Mr. Gresser to conform with City require-
ments regarding any work within public rights-of-way or streets.
Additional background information can be provided during the
discussion of this petition as may be necessary.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny installation
of stop signs at the intersection of Yankee Doodle Road and Terminal
Drive.
3
PETITION
FOR CITY USE ONLY
Date Received -ay —I -
To
To Council
Approved
I/we, the undersigned hereby petition the City Council of the City of Eagan to
install stop signs on Yankee Doodle Rd. - east bound £ Tc2.n ,v,4, jli� /34J. 4
at the intersection with Terminal Dr. - south bound 0�01)L« E. AC�14'
' 2esoc•csv
I/we, request this irnstallation for the following reasons:
1. Vehicle Control- we have experienced very close calls with
vehicle accidents.
2. Driver/Passenger Safety - There have been some near misses
• experienced where people could have been hurt.
3.
9.
I/we request that the City Council take this petition request under consideration
at its earliest opportunity and that we be informed as to when it is scheduled
so that we may appear in perscn if we so choose.
NAME (Please print and initial) ADDRESS
• 1. M.C. Gresser 1771 Yankee Doodle Rd.
2. Neil Perkins 3303 Terminal Dr.
3.
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5.
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7.
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10.
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Agenda Information Memo
August 5, 1986, City Council Meeting
Page Four
PUBLIC WORKS DEPARTMENT CONT'D.
4. Scheduling of Project 469 (Towerview Road) and Project 476
(Highview Avenue) --With the approval of, the Lemay Lake Hills
Addition, the Council authorized the upgrading of Towerview Road
from Pilot Knob Road to Quarry Lane to City standards. However,
at the homeowners' request, the Council requested that this
construction be -delayed until such time as development construction
was significantly under way. In addition, the Council also recently
approved the upgrading of Highview Avenue, west of Pilot Knob
Road, to City standards. Because those segments are short sections,
requiring only the installation of surface improvements, it is
most feasibile to combine both under one contract. . However,
before staff combines both for one contract, they wanted to receive
Council assurance that there were no objections to having Towerview
Road constructed during the fall of 1986, based on previous comments
at the public hearing from existing residents. The Public Works
Director will be able to discuss in further detail the advantages
of proceeding with both improvements at this time.
ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the combinations
of Project 469 (Towerview Road.) and Project 476 (Highview Avenue)
under one contract for construction during the fa -ll of 1986.
Agenda Information Memo
August 5., 1986, City Council Meeting
Page Five
CONSENT AGENDA
There are seventeen ( 17 ) items on the agenda referred to as Consent
Items requiring one (1) motion by the City Council. If the City
Council wishes to discuss any of the items in further detail,
those items should be removed from the Consent Agenda and placed
under Additional Items unless the discussion required is brief.
CONTRACTOR LICENSES
A. Contractor Licenses --Attached on page 16 is a list of the
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
contractor licenses as presented.
I
approve the list of
L
CONTRACTORS' LICENSE
AUGUST 5, 1986
GENERAL CONTRACTORS
1. ELDEEN INC
2. B.H. GRACE CORP
3. AL HERRMANN CONST
4. JULIK & ADLER CONST INC
. 5. NEW CENTURY CONST INC
6. WAGNER HOMES INC
7. EARL WEIKLE & SON INC
.1. GOLDEN VALLEY HTG
• 1. MADSEN PLBG & HTG
2. A.E. NELSON (JAMES STODOLA)
3. PLYMOUTH PLBG
4. TOM TIX PLBG
SWIMMING POOLS
1. PRESTIGE POOL & PATIO
2. QUALITY POOLS & SPAS
KASONRY, CEMENT WORK.
1. TWIN CITY FIREPLACE /O
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Six
CONSENT AGENDA CONT'D.
ELECTION JUDGES
B. Election Judges --According to state law, August 15 is the
last day to appoint election judges for the State Primary Election.
The City Clerk's office has written and verbally contacted residents
who have served as election judges and also other individuals
who have expressed interest in serving as an election judge.
Since there are several judges who have not responded as to whether
they can work at the State Primary Election, the final list will
not be available until Monday, August 4, for distribution with
the Administrative Packet.
• ACTION TO BE CONSIDERED ON THIS ITEM: To approve the list of
election judges for the State Primary Election.
COMPENSATION FOR ELECTION JUDGES
C. Consideration of Change in Compensation for Election Judges --
During development of the 1986 budget, the Director of Finance
included a dollar amount for election judges that would allow
for an increase in the rate of compensation paid to residents
selected by the City Council to perform this duty. An increase
in the budgetary allocation for election judges was approved,
however, the actual hourly rate of compensation was not specified
when the budget was adopted. Currently, the City of Eagan compen-
sates election judges at a rate of $3.25 per hour and the head
election judge at $3.75 per hour. It is the recommendation of
the Director of Finance that the election judge compensation
• be increased to $4.00 and $4.50 respectively. These new rates
of compensation would equal the mean average of a ten city survey
that was conducted for election judge hourly compensation. Please
refer to the attached survey results found on page//AThis
new rate of compensation can be funded given the 1budget
allocation for election judges.
ACTION TO
BE CONSIDERED ON
THIS ITEM:
To approve the rate of
election
judge compensation
at $4.00
per hour for regular judges
and $4.50
per hour for head
judges.
I
11
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Agenda Information Memo
August 5, 1986, City Council Meeting
Page Seven
RATIFY ENGINEERING SERVICES CONTRACT
RADIO COMMUNICATIONS
D. Authorize Consulting Engineering Services for Radio
Communications/John DuBois --It was discovered at a recent meeting
between Dr. John DuBois, radio communications consultant, and
the City Administrator that a consulting engineering agreement
was never exercised between the City of Eagan and Dr. DuBois.
Dr. DuBois has, been performing all services as requested and
appears to be on schedule with the development of plans and specs
and bidding outlined in the flow chart that was distributed as
a part of the July 25 Informative Memo. The agreement includes
a rate of compensation that will not exceed $36,300 for all expenses
and work performed. In other words, if the final bids are higher
then Dr. DuBois' percentage retainer, the $36,300 will be a maxi-
mum. If the bids are less then proposed, the rate of compensation
is based on a percentage of the successful contract. Any additional
tasks that were not outlined in the original agreement will be
compensated at a rate of $40 per hour. The agreement also states
that all obligations and responsibility regarding worker's compensa-
tion and other liability claims will be the responsibility of
Dr. DuBois.
ACTION TO BE CONSIDERED ON THIS ITEM': To approve or deny the
consulting engineering agreement between the City of Eagan and
Dr. DuBois to provide radio communications consultation to the
City of Eagan.
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Eight
PAVEMENT EVALUATION STUDY/EAGANDALE CENTER INDUSTRIAL PARK
E. Authorize Pavement Evaluation Study, Eagandale Center Indus-
trial Park --The streets located within the Eagandale Center
Industrial Park were constructed in 1968-70. During the past
several years, the Public Works Department has noticed an increas-
ing amount of pavement deterioration and failure resulting in
increasing maintenance repair work (patching, crack sealing,
overlays, etc.). In addition, with the recent increase in load
limits on interstate and trunk highways from 9 to 10 tons per
axle, it is thought that these streets within the industrial
park may be under designed in relationship to their current
service life and continued increase in heavy commercial/industrial
truck traffic related to new development.
Subsequently, the Public Works Director would like authorization •
to have these streets evaluated for their present structural -
stability and projected pavement life to determine if an assessible
structural overlay should be performed. The estimated cost
of this evaluation is $2,500 which could be considered a part
of the assessable cost associated with any resultant project.
While this cost is not budgeted under the Engineering or Street
Maintenance operations for 1986, it is felt that this study
should be performed as soon as possible so that proper future
budget allocations can be anticipated or public improvement
public hearing processes initiated.
ACTION TO BE CONSIDERED ON THIS ITEM: To authorize a pavement
evaluation study for the Eagandale Center Industrial Park streets
for the estimated amount of $2,500.
�140
/3
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Nine
PROJECT 447/LONE OAK ADDITION - TRUNK WATER MAIN
F. Project 447, Receive Final Assessment Roll/Order Public
Hearing (Lone Oak Addition - Trunk Watermain)--All costs associated
with the installation of the trunk water main from Yankee Doodle
Road to the Lone Oak Addition along Trunk Highway 149, have
been tabulated and the final assessment roll prepared in anticipa-
tion of scheduling the final assessment hearing necessary to
finance this project.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assess-
ment roll for Project 447 (Lone Oak Addition - Trunk Water Main)
and schedule the final assessment hearing to be heldSeptember
2, 1986.
PROJECT 453/ROBINS ADDITION - UTILITIES
G. Project 453, Receive Final Assessment Roll/Order Public
Hearing (Robins Addition - Utilities) --All costs associated with
the installation of sanitary sewer and water main necessary
to service the Robins Addition have been tabulated and the final
assessment roll prepared in anticipation of scheduling the final
assessment hearing necessary to finance this project.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assess-
ment roll for Project 453 (Robins Addition - Utilities) and
order the final assessment hearing to be held September 2., 1986.
• PROJECT 456/EAGANDALE COURT - STREETS & UTILITIES
H. Project 456, Receive Final Assessment Roll/Order Public
Hearing (Eagandale Court - Streets & Utilities) --All costs associ-
ated with the installation of streets and utilities necessary
for the construction of Eagandale Court, adjacent to Eagandale
Center Industrial Park #7, have been tabulated and the final
assessment roll prepared in anticipation of hold the final assess-
ment hearing necessary to finance this project.
ACTION TO BE CONSIDERED ON THIS IT -EM': To receive the final assess-
ment roll for Project 456 (Eagandale Court - Streets & Utilities)
and order the final assessment hearing to be held September
2, 1986.
I�
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Ten
PROJECT 451/HAMPTON HEIGHTS - TRUNK WATER MAIN
I. Project 451, Receive Final 'Assessment Roll/Order Public
Hearing (Hampton Heights - Trunk Water Main) --Although the 'instal-
lation of the trunk water main along Coachman Road through the
Hampton Heights subdivision has not been fully completed with
final costs tabulated, all assessments associated with this
project are based on standard, established trunk -related assessment
rates not dependent upon the final cost. Therefore, the final
assessment roll has been prepared based on the rates quoted
in the feasibility report at the time of the public hearing
in anticipation of scheduling a final assessment hearing which
is necessary to help finance this project.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assess-
ment roll for Project 451 (Hampton Heights - Trunk Water Main)
and order the final assessment hearing to be held September
2, 1986.
PROJECT 42'4/EAGANDALE LEMAY LAKE - STREETS'& UTILITIES
J. Project 424, Receive Final Assessment Roll/Order Public Hearing
(Eagandale 'Lemay Lake - Streets & Utilities) --All costs associated
with the installation of streets and utilities to service the
Eagandale LemayLake Addition have been tabulated and the final
assessment roll prepared in anticipation of scheduling the final
assessment hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assess-
ment roll for project 424 (Eagandale Lemay Lake - streets & •,.
utilities) and order the final assessment hearing to be held
September 2, 1986.
15'
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Eleven
VACATE STREET EASEMENT/EAGANDALE LEMAY LAKE 1ST ADDITION
K. Vacate Street Easement, Receive Petition/Order Public Hearing
(Eagandale Lemay Lake 1st Addition) --In May of 1986, the developer
of the proposed 2nd Addition submitted a request for the vacation
of common lot line drainage and utility easements that were
dedicated as a part of the 1st Addition plat and the public
street easement dedicated by deed conveyance for the street
construction necessary to service the 1st Addition as constructed
over the unplatted parcel adjacent to and east of the 1st Addition.
In researching this item for the required public hearing process,
staff was informed that the street easement document had never
been recorded and would not have to be formally vacated. Subse-
quently, this request was deleted from the public hearing vacation
process and only the common lot line drainage and utility easement
was formally vacated. However, at that June 17 public hearing,
the Council did acknowledge the street easement would no longer
be necessary due to the final plat of the 2nd Addition and,
by motion, released all interest in this public right-of-way
easement.
Subsequently, the staff has since been informed that the street
easement was in fact recorded at the County and requires a formal
public hearing„ vacation process to be completed. Therefore,,
a new public hearing will have to be scheduled to provide an
opportunity for all potential parties to express any objections
to this proposed vacation.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition
•to vacate the street easement (Eagandale Lemay Lake 1st Addition)
and order a public.hearing to be held on,September 2„ 19186.
/6
Agenda Information'Memo
August 5, 1986, City Council Meeting
Page Twelve
REVIEW BID, SNOW PLOW EQUIPMENT
L. Review Bids/Authorize Purchase, Snow Plow -Equipment (Vehicle
#129) --As a part of the approved 1986 Budget, the Public Works
Maintenance Division recently acquired a $32,000 GVW dump truck.
Subsequent to that acquisition we prepared specifications and
advertised for bids for the installation of the dump box, front
and wing plow.s and slide in sander. At 2 p.m. on Thursday, July
24, 1986, formal bids were received for the sn w plow package
equipment to this vehicle. Enclosed on page is a memo from
the Superintendent of Streets and Equipment identifying the
various bidders and which ones met all specifications. Public
Works Director supports the Superintendent's recommendation to
accepting the low bid for Midland Equipment.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for
snow plow equipment (vehicle #129) and authorize the purchase
from Midland Equipment Company Inc. in the amount of $19,255.
17
MEMO TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS
FROM: ARNIE ERHART, SUPERINTENDENT OF STREETS B EQUIPMENT
DATE: JULY 25, 1986
RE: BIDS ON MISCELLANEOUS EQUIPMENT FOR L 8000 V& N "it ra q
The following bids were received:
Midland
$19,255.00
No exceptions
J. Craft
19,265.98
No exceptions
Crysteel
19,730.00
Plus $471.00 for sub
16ng beams that
were in specifications would bring
total to $20,201.00.
LaHass
210411.00
No exceptions
• Novack
11,704.00
Plow and Wing only
I recommend accepting Midland's low bid
of $19,255.00. Adding
that amount to
the cab and chassis cost
of $42,225 amounts to $61,480 which is
within the
$62,000 appropriated for
this vehicle.
Delivery date would be
30 to 60 days
after they receive the truck.
Arnie Erhart, Supt. of Streets F, Equipment
AE/bp
--r/ 7_ � f—�G
MA
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Thirteen
FINAL PAYMENT (EAGANDALE OFFICE PARK 2ND ADDITION)
M. Contract 85-19, Final Payment/Acceptance (Eagandale Office
Park 2nd Addition) --We have received a request for final payment
from the Contractor along with the certification from a
consulting engineering firm that construction was completed in,
compliance with City approved plans and specifications. All
final inspections have been verified by representatives by the
iPublic Works Department and this contract is being recommended
for final payment and formal acceptance for professional
maintenance. This project provided for the installations of
streets and utilities to service the Eagandale Office Park 2nd
Addition located south of Corporate Center Drive and east of
Pilot Knob Road.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the fifth and
final payment for' Contract 85-19 (Eagandale. Office Park 2nd
Addition) to G&L Contracting Inc. in the amount of $13,722.93 and
accept the improvements for perpetual maintenance subject to
warranty provisions.
FINAL PLAT, NORTHVIEW MEADOWS 2ND ADDITON
N. Approve Final Plat, Northview Meadows 2nd Addition --We
received an application for final plat approval for the Northview
Meadows 2nd Addition located south of Diffley Road and west of
Northview Meadows lst Addition as shown on pages &,elf. All
conditions placed on the preliminary plat approval of April 15,
1986 have been satisfactorily complied with. A1'1 final plat
application material have been submitted, reviewed by staff and
found to be in order for favorable Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat
for Northview Meadows 2nd Addition and authorize the Mayor and
City Clerk to execute all related documents.
.�Yfti
,$
C.S.A.H. NO. 30
NORTHVIEW MEADOWS ori
YO'OIIf'f_ o
(DIFFLEY RD.) ■
.
2ND ADDITION �>
'(i1
'•
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+ / / �/ _ r TRAIL is �>
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13
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air,, ♦ ♦ ,•
• ) lJ
.L---• I- �a�
SMF LINEN
NOR[NVIEW YILr UE YfAD°V!
MATCH LINE--� ••'?• �/ e•!aa' 7
aeon mwn tir. ....... �. ` a9 ,• G_
• 8111 1/P 1 1•' 10 4} •/
• waolN Yl�aw Vela •• ♦. j'�:\
• aeons is waYwm r•.a�r
or
JAMES R. HILL, INC.
SHEET 1 OF 2
EXHIBIT A
jNORTHVIEW MEADOWS 2ND ADDITION
r:
14 AND ALL
, ...m •IK •M-
[II•TG
I
\ r. �12 . 0 1 lilt
V` I %\ /
1
JAMES R. HILL, INC.
® SHEET 2 OF 2
CNJJ
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9 J \O o
1
JAMES R. HILL, INC.
® SHEET 2 OF 2
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Fourteen
TEMPORARY EASEMENT, NORTHVIEW MEADOWS 2ND ADDITION
O. Release Temporary Ponding Easement, Northview Meadows 2nd
Addition --When the Northview Meadows 1st Addition was platted,
the City required the conveyance of a temporary drainage and.
ponding easement to be dedicated over the low land lying westerly
of that subdivision to temporarily contain and convey the runoff
generated from the Northview Meadows lst Addition. This
temporary easement was to be retained only until such time that
• the 2nd Addition was developed and adequate storm sewer
facilities wereinstalled and/or proper site grading completed.
If the final plat for the Northview Meadows 2nd Addition is
approved as previously scheduled on this agenda, it would be in
order for the Council to pass the resolution enclosed on pages
.23,1111 releasing all rights to this temporary easement due to
adequate comparable easements being conveyed as a part of the
plat for the 2nd Addition.
ACTION TO BE CONSIDERED ON THIS ITEM: Approve a resolution
releasing all rights and interests in temporary ponding easement
over the proposed Northview Meadows 2nd Addition and authorize
the Mayor and City Clerk to execute all related documents.
RESOLUTION
CITY OF EAGAN
VACATE/RELEASE OF INTEREST
PONDING EASEMENT DOCUMENT NO. 625444
NORTHVIEW MEADOWS 2ND ADDITION
WHEREAS, with the development of the Northview Meadows
1st Addition, it was required by the City that a temporary
ponding easement be dedicated to the City to provide necessary
drainage way; and,
WHEREAS, this temporary easement was conveyed to the
City and recorded at the County under Document No. 625444; and,
WHEREAS, this temporary ponding easement located in a
portion of the NE 1/4, Section 26, Township 27, Range 23, Dakota
County, Minnesota and more accurately described by the attached
description; and,
WHEREAS, the development and recording of the Northview
® Meadows 2nd Addition replaces the necessary ponding and drainage
way easements in like kind;
•
NOW, THEREFORE, BE IT RESOLVED that the Council of the
City of Eagan, Dakota County, Minnesota hereby release all
interests in the easement previously dedicated and recorded in
accordance with the attached legal description.
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
-23
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota
County, Minnesota, do hereby certify that the foregoing
resolution was duly passed and adopted by the City Council of the
City of Eagan, Dakota County, Minnesota, in a regular meeting
thereof assembled this day of , 1986.
E.J. VanOverbeke, City Clerk
•
•
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Fifteen
RESOLUTION MnDOT SPEED LIMIT SURVEYS
P. Approve Resolution Requesting MnDOT Speed Limit Surveys
(Misc. Streets) --There are several new streets which have been
constructed during the past year which should have speed .limit
designations determined and posted for proper traffice control
• enforcement. The present law allows the City to designate 30 mph
speed limits within residential areas and subdivisions. However,
on our collector/arterial/through streets, a formal speed study
must be performed by MnDOT personnel with the Commissioner of
Transportation formally designating the proper enforceable speed
limit. Therefore, the resolution enclosed on pagesiZ has been
prepared for Council's consideration of requesting MnDOT to
perform these speed studies to -allow staff to have these streets
properly posted.
ACTION TO BE CONSIDERED ON THIS ITEM: Approve the resolution
requesting MnDOT speed limit survey (miscellaneous streets) and
authorize the Mayor and City Clerk to execute all related
documents.
i
RESOLUTION
CITY OF EAGAN
SPEED LIMIT DESIGNATION
MnDOT SPEED STUDY REQUEST
WHEREAS, the City of Eagan has recently constructed or
upgraded several streets within the community; and,
WHEREAS, the City would like to establish enforceable
speed limits along those local streets referenced on the attached
Exhibit A;
NOW, THEREFORE, BE IT RESOLVED that the City Council,
the City of Eagan, Dakota County, hereby request MnDOT District 9
to perform all required speed studies necessary to designate the
proper speed limit for those streets referenced in the attached
® Exhibit A.
CITY OF EAGAN
CITY COUNCIL
Motion made by:
Seconded by:
Those in favor:
• Those against:
Dated:
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota
County, Minnesota, do hereby certify that the foregoing
resolution was duly passed and adopted by the City Council of the
City of Eagan, Dakota County, Minnesota, in a regular meeting
thereof assembled this day of , 1986.
E.J. VanOverbeke, City
IN
August 5, 1986
EXHIBIT A
TO
RESOLUTION REQUESTING SPEED STUDY FOR SPEED LIMIT
Street
Denmark Ave
Denmark Ave
Duckwood Dr
Town Center Dr
Ashbury Rd
Northwest Pkwy
Lone Oak Pkwy
Rahn Rd
Metcalf Dr
From
Wescott Rd
Yankee Doodle Rd
Denmark Ave
Duckwood Dr
Blue Cross Rd
TH149
TH149
Rahn Way
Cinnamon Ridge
Trail
a7
City
To Request
Deerwood Dr
35
mph
Duckwood Dr
35
mph
Pilot Knob Rd
35
mph
Lexington Ave
30
mph
Blackhawk Hills Rd
30
mph
Lone Oak Pkwy
35
mph
O'Neill Dr
35
mph
Vienna Lane
30
mph
Clark St
30
mph
•
Agenda Information Memo
August 5., 1986, City Council Meeting
Page Sixteen
VACATE EASEMENT (TOWN CENTER 100 1ST ADDITON)
Q. Vacate Drainage 6 Utility Easement, Receive Petition/Order
Public Hearing (Town Center 100 1st Addition) --The Staff has
received a request to vacate the existing common lot line
drainage and utility easement along the west line of Lot 1, Block
1, Town Center 100 1st Addition which was platted and developed
• into the Learning Tree Developmental Daycare Center at the
intersection of Lexington Avenue - and Town Center Drive. Because
of the setback requirements from Lexington Avenue., the developer
(Federal Land Company) subsequently sold an additional 15' from
outlot D to Lot 1, Block 1 to allow the proper site plan
placement of the building and related facilities. Subsequently,
this common lot line drainage and utility easement will be
replaced in like kind over the newly created lot line 15' further
to the west.
•
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to
vacate the drainage and utility easement (Town Center 100 1st
Addition) and order a public hearing to be held September 2,
1986.
21
Agenda Information Memo `
August 5, 19.86, City Council Meeting
Page Seventeen
PROJECT 477, WINDTREE 7TH ADDITION - STREETS & UTILITIES
A. Project 477, Windtree 7th Addition - Streets and Utilities --
In response to a petition received from the developer of the
above -referenced subdivision,. the Council authorized the prepara-
tion of a feasibility report which was completed, presented to
the Council on July I with the public hearing being scheduled
for August 5th. Enclosed on pages 3 0 through Vg is a
copy of the report for the Council's information and review during
the public hearing. All notices have, been published in the legal
newspaper and sent to all property owners proposed to be assessed
under this project. Our consulting engineer will present the
details associated with this project at the public hearing on
August 5th.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and approve/deny Project 477 (Windtree 7th Addition).
•
z7
REPORT
FOR
WINDTREE 7th ADDITION
• UTILITY & STREET IMPROVEMENTS
•
PROJECT No. 477
EAGAN, MINNESOTA
FILE No. 49397
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
ENGINEERS & ARCHITECTS
ST. PAUL, MINNESOTA
30
Bonestroo, Rosene, Anderlik & Associates; Inc.
2335 W. Trunk Highway 36
St. Paul, MN 55113
612.636-4600
July 2, 1986
Engineers & Architects
Honorable Mayor and Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Windtree 7th Addition
Utility and Street Improvements
project No. 477
File No. 49394
Dear Mayor and Council:
Duo G. Bunrzlrvu, P.E.
Glenn R. C.A. P.E.
Ruherr W. R.n, HE
A,ah A. G.dun. Y.E.
Ju r,h C. Andrrlik. P E.
1h ..... . IE- Nuym. Y.E.
Brod/urd A. Lrmbrrk. P.E.
Rirhurd W, Fwrrr, P
Rirhurd E Turner, P.E.
NOLrn G..Ahurah,. P.E
J,.,. C. 01un, PE
Murvm L. S.vulu, P.E.
Dunuld C Buryurdl. Y.E.
lrrry A. BuurCun, P.E.
Aluck A. H..r, P.E.
Ted K. Feld. P.E.
Muhurl T. kuuununn, PE.
Ruder R. Yl //rrh•, !tt',
Duvid O. L.Auru, AL
Thum. N'. Prrrrsm, P E.
Whud C. L,n, A. P.E.
Abren L. Oulu, P.E.
J,.. R. .W nd. PE.
Aennelh P. Andrnun. P.E.
Ke. A. Burhrr.nn, P.E.
Alurk R. RuIJ• P.E.
Ruben C. Runrk. ALA.
Th.n. E. An,ue. P.E.
Sndr L. Ynun,. Y.E.
Churl:r A. Enrksun
Lru M. PuvrhAY
Harlun M. Ohun
EN,h.
Transmitted herewith is our report for Windtree 7th Addition, Project No.
478. This report covers sanitary sewer, storm sewer, water main, and street
construction and includes a preliminary assessment roll..
We would be pleased to meet with the Council and other interested parties at a
mutually convenient time to discuss any aspect of this report.
Yours very truly,
BONESTROO, R_OSENE, ANDERLIK S ASSOCIATES, INC.
*V/-- -/1"`�
Mark A. Hanson
MAH: 1i
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 o�S� o<��nesota.
Mark A. Hanson��
ezc4xs / � J?4 Date: July 2, 1986 Reg. No. 14260
Director of Public Works
6165d
3/
.30 Year
SCOPE: This project provides for the construction of sanitary sewer, water
main, storm sewer and streets to serve Windtree 7th Addition. This addition
is located in the northeast corner of Elrene Road and Wescott Road and is a
replat of the Outlot platted as part of Windtree 5th and 6th Additions. Wind -
tree 7th Addition consists of 39 single family lots.
FEASIBILITY AND RECOMMENDATIONS: The project is feasible from an engineering
standpoint and is in accordance with the Master Utility and Street Plan for
the City of Eagan. The project as outlined herein can. be best carried out as
• one contract.
Sanitary Sewer - Sanitary sewer proposed herein includes constructing an 8"
diameter PVC sanitary sewer in Ridgewood Drive and Brentwood Lane as shown on
the attached drawing. The sewer will connect to the existing sanitary sewer
in Ridgewood Drive and Stonewood Road that was constructed as part of the
Windtree 5th and 6th Additions (Project No. 462).
Water Main - Water main proposed herein includes constructing a 6" diameter
DIP water main in Ridgewood Drive, Brentwood Lane and the stub street to Wes-
cott Road as shown on the attached drawing. A stub for future connection will
be installed at the east end of Brentwood Lane. The 6" water main will con-
nect to two existing 6" stubs at Ridgewood Drive and Stonewood Road that was
constructed as part of Windtree 5th and 6th Additions and the existing 12"
main on the south side of Wescott Road. The proper number of valves, hy-
drants, and fittings are also included. This addition is located in the in-
termediate pressure zone and will experience static and residual pressure of
56 and 38 psi respectively.
Page 1.
6165d
3v
Services - Sanitary sewer and water services are proposed to be constructed 15
feet beyond the property line. Sewer service lines are proposed to be 4" di-
ameter and water service lines 1" diameter.
Storm Sewer - Windtree 7th Addition for the most part drains into the existing
storm sewer constructed as part of Windtree 5th and 6th Addition. Storm sewer
proposed herein includes constructing 2 catch basins in Ridgewood Drive midway
between Brentwood Lane and Stonewood Road. These catch basins will connect to
the existing storm sewer in Ridgewood Drive as shown on the attached drawing.
The extreme southeast corner of Windtree 7th Addition at Brentwood Lane
and the stub street to Wescott Road will have overland drainage easterly in
Brentwood Lane to the future Windtree 8th Addition. This drainage area is
quite small and ultimately storm sewer will be constructed within the 8th Ad-
dition approximately .200' east of the stub street to Wescott Road in Brentwood
Lane to pickup this small drainage area. But until 8th Addition is developed,
the developer will be required to take the necessary erosion control measures
at the east end of Brentwood Lane.
Street - Street construction proposed herein includes a 32' wide street con-
structed to a 7 ton residential design thickness. Bituminous surfacing, sur-
mountable concrete curb and gutter is included in conjunction with restoration
of the boulevard area. It is anticipated, based on past projects in this
area, that a significant amount of subgrade correction will be required due to
the nature of the soils. In addition to the street construction, a 5 foot
concrete sidewalk is proposed along the north side of Wescott Road for the
length of the development.
6165d
Page 2.
33
AREA TO BE INCLUDED:
Construction Area Assessment Area
Windtree 7th Addition Windtree 7th Addition
Lots 1-15, Block 1 Lots 1-15, Block 1
Lots 1-15, Block 2 Lots 1-15, Block 2
Lots 1-9, Block 3 Lot 1-9, Block 3
COST ESTIMATES: Detailed cost estimates are presented in Appendix A located
at the back of this report. A summary of these costs is as follows:
Sanitary Sewer $ 60,000
Water Main 65,810
• Services 39,120
Storm Sewer 5,740
Streets 153,280
TOTAL ................................. $323,950
The total estimated project cost is $323,950 which includes contingencies
and' all related overhead. Overhead costs are estimated at 30% and include
legal, engineering, administration, and bond interest.
ASSESSMENTS: Assessments are proposed to be levied against the benefited
® property. A preliminary assessment roll is included at the back of this re-
port in Appendix B. All lateral 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.
SANITARY SEWER: It is proposed to assess the total cost of sanitary sewer
equally to each lot in Windtree 7th Addition. Trunk area sanitary sewer was
previously assessed under Project 58. _
Page 3.
6165d
WATER MAIN: It is proposed to assess the total cost of water main equally to
each lot in Windtree 7th Addition. Trunk area water main was previously as-
sessed under Project 58.
SERVICES: It is proposed to assess the total cost of sanitary sewer and water
service equally to each lot in Windtree 7th Addition.
STORK SEWER: It is proposed to assess the cost of lateral storm sewer equally
to each lot in Windtree 7th Addition.
Trunk area storm sewer has not been assessed within Windtree 7th Addi-
tion. Therefore, it is proposed to assess trunk area storm sewer to the lots
within Windtree 7th Addition.
STREET: It is proposed to assess the total cost of street equally to each lot
in Windtree 7th Addition.
REVENUE SOURCES: Revenue sources to cover the cost of this project are as
follows:
Page 4.
6165d
LA
Project Cost
Revenue
Balance
A. SANITARY SEWER
Lateral
$
60,000
Lateral Assessment
$
60,000
TOTAL
$
60,000
$
60,000
- 0 -
B. WATER MAIN
Lateral
$
65,810
Lateral Assessment
$
65,810
TOTAL
$
65,810
$
65,810
- 0 -
C. SERVICES
Lateral
$
39,120
Lateral Assessment
$
39,120
TOTAL
$
39,120
$
39,120
- 0 -
Page 4.
6165d
LA
STORM SEWER
$ 30,890
Trunk Area
-
Lateral
$ 5,740
5,740
Lateral Assessment
$ 5,740
$ 36,630 +$30,890
TOTAL
STREET
-
$153,230
Lateral
$153,280
_
Lateral Assessment
$153,280
$153,280 0
TOTAL
• PROJECT SCHEDULE
July 1, 1986
resent Feasibility Report
.S h�•Y
August 5 1986
_
ublic Hearing
_
August 5, 1986
pprove Plans and Specifications
y..
September 2, 1986
z -_
pen Bids/Award Contract-
spring, 1987
3
;omplete Construction
Summer, 1987
,ssessment Hearing
May, 1988
?first Payment Due with Real Estate
Taxes
`
Page 5. I
6165d
APPENDIX A
PRELIMINARY COST ESTIMATE
WINDTREE 7TH ADDITION
PROJECT NO. 477
A. SANITARY SEWER
Cu.yds.
Rock stabilization
1,820
Lin.ft.
8" PVC
SDR 35 Sanitary sewer, 0'-10' dp. @ $14.00/l.f.
$ 25,480
10
Each
Std. 4'
dia. MH w/cstg. @ $950.00/each
9,500
40
Lin.ft.
MH depth
greater than 8' dp. @ $70.00/each
2,800
1
Each
Connect
8" PVC to existing MH @ $200.00/each
200
1
Each
Connect
8" PVC to existing 8" PVC @ $200.00/each
200
39 Each 8"x4" wye in pl. @ $50.00/each 1,950 10
200
Cu.yds.
Rock stabilization
below pipe @
$10.00/cu.yd.
2,000
1,820
Lin.ft.
Mechanical trench
compaction @
$1.00/lin.ft.
1,820
Subtotal $ 43,950
+5% Contingencies 2,200
$ 46,150
+30% Legal, Engrng., Admin. 6 Bond Interest 13,850
TOTAL SANITARY SEWER .............................. $ 60,000
•
Page 6.
6165d
37
B. WATER MAIN
75 Sq.yds. Remove existing bituminous street @ $1.00/sq.yd. $ 75
75 Lin.ft. Remove existing B618 conc. C.& G. @ $2.00/lin.ft. 150
2,560 Lin.ft. 6" DIP water main @ $12.00/lin.ft. 30,720
4
Each
Hydrant @ $1,000.00/each
4,000
• 4
Each
6" Resilient wedge gate valve & box @ $450.00/each
1,800
2,600
Lbs.
Fittings @ $1.50/lb.
3,900
75
Sq.yds.
Patch bituminous street @ $20.00/sq.yd.
1,500
1
Each
6" Wet tap to existing 12" DIP @ $1,500.00/each
1,500
2
Each
Connect 6" DIP to existing 6" DIP @ $500.00/each
1,000
100
Cu.yds.
Rock stabilization below pipe @ $10.00/cu.yd.
1,000
2,560
Lin.ft.
Mechanical trench compaction @$1.00/lin.ft.
2,,560
Subtotal
$ 48,205
+5% Contingencies
2,415
$ 50,620
+30% Legal, Engrng., Admin. & Bond Interest
15,190
TOTAL WATER MAIN ................................... $ 65,810
Page 7.
6165d
3�
C. SERVICES
1,760
Lin.ft.
4" PVC Sanitary sewer service @ $7.00/lin.ft.
$
12,320
1,760
Lin.ft.
1" Type "K" copper water service @ $6.00/lin.ft.
10,560
39
Each
1" Corporation stop @ $20.00/each
780
39
Each
1" Curb stop @ $70.00/each
2,730
50
Cu.yds.
Rock stabilization below pipe @ $10.00/cu.yd.
500
1,760
Lin.ft.
Mechanical trench compaction @ $1.00/lin.ft.
1,760
Subtotal
$
28,650
+5% Contingencies
1,440
$
30,090
+30% Legal, Engrng., Admin. 6 Bond Interest
9,030 •
TOTAL SERVICES ....................................
$
39,120
C. STORM SEWER
40 Lin.ft. 15" RCP Storm sewer in pl. @ $24.00/lin.ft. $ 960
2 Each Std. CB w/cstg. @ $850.00/each 1,700
1 Each Connect 15" RCP to existing MH @ $500.00/each 500
LUMP SUM Erosion control at east end Brentwood Lane @ $1,000/LS 1,000
40 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. 40 •
Subtotal $ 4,200
+5% Contingencies 210
$ 4,410
+30i Legal, Engrng., Admin. S Bond Interest 1,330
TOTALSTORM SEWER .................................. $ 5,740
Page 8.
6165d
3�
6165d
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
WINDTREE 7TH ADDITION
PROJECT NO. 477
No. of Total
Lots Cost/Lot Assessment
15 $1,538 $ 23,077
15 1,538 23,077
9 1,538 13,846
39 $ 60,000
15 $1,687 $ 25,312
15 1,687 25,312
9 1,687 15,186
39 $ 65,810
15 $1,003 $ 15,046
15 1,003 15,046
9 1,003 9,028
39 $ 39,120
15 $147 $ 2,208
15 147 2,208
9 147 1,324
39 $ 5,740
Page 10.
e/'
Parcel
Description
A. SANITARY SEWER
WINDTREE
7TH ADDITION
Lot 1-15,
Block 1
Lot 1-15,
Block 2
Lot 1-9,
Block 3
®
B. WATER
MAIN
WINDTREE
7TH ADDITION
Lot 1-15,
Block 1
Lot 1-15,
Block 2
Lot 1-9,
Block 3
"
C. SERVICES
WINDTREE
7TH ADDITION
Lot 1-15,
Block 1
Lot 1-15,
Block 2
Lot 1-9,
Block 3
D. STORM
SEWER
a.) Lateral
WINDTREE
7TH ADDITION
Lot 1-15,
Block 1
Lot 1-15,
Block 2
Lot 1-9,
Block 3
6165d
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
WINDTREE 7TH ADDITION
PROJECT NO. 477
No. of Total
Lots Cost/Lot Assessment
15 $1,538 $ 23,077
15 1,538 23,077
9 1,538 13,846
39 $ 60,000
15 $1,687 $ 25,312
15 1,687 25,312
9 1,687 15,186
39 $ 65,810
15 $1,003 $ 15,046
15 1,003 15,046
9 1,003 9,028
39 $ 39,120
15 $147 $ 2,208
15 147 2,208
9 147 1,324
39 $ 5,740
Page 10.
e/'
b.) Trunk
Total assessment = Area (S.F.) x Rate/S.F.
$30,890 = 617,803 S.F. x $0.05/S.F.
Parcel No. of Total
Description Lots Cost/Lot Assessment
WINDTREE 7TH ADDITION
Lot 1-15, Block 1 15 $792 $ 11,881
Lot 1-15, Block 2 15 792 11,881
Lot 1-9, Block 3 9 792 7,128
39 $ 30,890
E. STREET
WINDTREE 7TH ADDITION
Lots 1-15, Block 1 15 $3,930 $ 58,954
Lots 1-15, Block 2 15 3,930 58,954
Lots 1-9, Block 3 9 3,930 35,372
39 $153,280
Page 11.
6165d
•
0
SUMMARY
PRELIMINARY ASSESSMENT ROLL
WINDTREE 7TH ADDITION
PROJECT NO. 477
•
Page 12.
6165d
Total
Parcel
San.
Water
Storm
Sewer
Assessment
Description
Sewer
Main
Services
Lateral
Trunk
Street
Per Lot
WINDTREE 7TH ADDN.
Lots 1-15
Blk. 1
$1,538
$1,687
$1,003
$
147
$
792
$3,930
$9,097
Lots 1-15
Blk. 2
$1,538
$1,687
$1,003
$
147
$
792
$3,930
$9,097
Lots 1-9
Blk. 3
$1,538
$1,687
$1,003
$
147
$
792
$3,930
$9,097
•
Page 12.
6165d
4
5 6
.1 '0r 18
I@/
0 / 11
1 12 1 13 14 15
RO 19
71 100 20C
Graphic Scale in Feet
WINDTREE 7th ADDITION
SANITARY SEWER
PROJECT No. 477
EAGAN. MINNESOTA
BONESTROO, ROSENE, ANDERLIK
& ASSOCIATES, INC.
Engineers & Architects
St. Paul, Minn.
Date: July, 1986FIG. No. 1
Comm. 49397 T
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9
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1 12 1 13 14 15
RO 19
71 100 20C
Graphic Scale in Feet
WINDTREE 7th ADDITION
SANITARY SEWER
PROJECT No. 477
EAGAN. MINNESOTA
BONESTROO, ROSENE, ANDERLIK
& ASSOCIATES, INC.
Engineers & Architects
St. Paul, Minn.
Date: July, 1986FIG. No. 1
Comm. 49397 T
0
WINDTREE 7th ADDITION
STORM SEWER
PROJECT No. 477
EAGAN, MINNESOTA
BONESTROO, ROSENE, ANDERLIK
& ASSOCIATES, INC.
Engineers & Architects
St. Paul, Minn.
Date: July, 1988FIG. No. 3
Comm. 49397
V�.
Ex. TORM 1
9
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8
15
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NE
0
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14
6
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WINDTREE 7th ADDITION
STORM SEWER
PROJECT No. 477
EAGAN, MINNESOTA
BONESTROO, ROSENE, ANDERLIK
& ASSOCIATES, INC.
Engineers & Architects
St. Paul, Minn.
Date: July, 1988FIG. No. 3
Comm. 49397
4
or
♦'�S" ' •may
WINDTREE 7th ADDITION
TRUNK STORM SEWER ASSESSMENTS
PROJECT No. 477
EAGAN, MINNESOTA
•
BONESTROO, ROSENE, ANDERLIK
& ASSOCIATES, INC.
Engineers & Architects
St. Paul, Minn.
Date: July, 1988FIG. No. 5
Comm. 49397
•
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Eighteen
OF DRAINAGE AND UTILITY
B. Vacation of Drainage and Utility Easement - Lot 4, Block
1, Eagandale Center Industrial Park 6th Addition --On July 1,
the Council received a petition requesting the vacation of an
existing drainage and utility easement dedicated over the above -
referenced lot. With the development of Eagandale Center Industrial
Park 6th and 7th Additions and the related installation of storm.
sewer facilities, this drainage and utility easement, obtained
through a deed conveyance, is no longer necessary. Enclosed on
page $0 is a copy of the requested vacation. All notices
have been published in the legal newspaper and sent to all
potentially affected utility companies with no objections received
to date.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and approve/deny the vacation of the drainage and utility easement
as described over Lot 4, Block 1, Eagandale Center Industrial
Park 6th Addition.
4z9
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Agenda Information Memo
August 5, 1986, City Council Meeting
Page Nineteen
VACATION OF PONDING EASEMENT/LEMAY LAKE HILLS'ADDITION
C. Public Hearing for Vacation of Ponding Easement in Lemay
Lake Hills Addition --In the early 70's, Martin Shields dedicated
by way of a deed conveyance, a ponding easement for the major
portion of Lemay Lake which is incorporated within the recently
platted LemayLake Hills Addition. Similar to the Holmes Addition,
this underlying ponding easement should be formally vacated. to
minimize any problem associated with future title searches. On
July 1, 1986, the Council formally released .all interests in
this easement to allow the plat to be recorded, subject to comple-
tion of this formal public hearing vacation process. Comparable
• drainage, ponding and utility easements have been dedicatedas
a part of the final plat for the Lemay Lake Hills Addition,.
Enclosed on page 59i is a copy of the ponding easement proposed
to be vacated.
All notices have been published in the legal newspaper and sent
to all potentially affected utility companies with no objections
received to date.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and approve/deny the vacation of the ponding easement as described
within the Lemay Lake Hills Addition.
S1
•
171
LEMAY LAKE HILLS
'PA�K
4 y
I
Agenda Information Memo
August 5, 1986„ City Council Meeting
Page Twenty
AMENDMENT/COMPRI HOTEL ACTION
A. Amendment to Eagandale Office Park 4th Addition/Compri Hotel --
A letter requesting an amendment to the July 15, 1986 approval
of the Eagandale Office Park 4th Addition is being requested
by the Opus Corporation. The Opus Corporation is asking that
the final plat for the Compri Hotel/Restaurant Development, showing
the restaurant lot as an outlot,,be revised and shown as a separate
lot. For a copy of the request submitted by the Opus Corporation,
• please' refer to a letter that was received from Bob Worthington
and is referenced as pages 15a through _5S
•
The Planning Department has reviewed the request and will provide
some comments in a special memo to be distributed Monday with
the Administrative Agenda.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amend-
ment to the final plat for the Compri Hotel/Restaurant Development
that shows the restaurant lot as a separate lot as opposed to
an outlot.
1%
00§ OPUS CORPORATION
®` DESIGNERS -BUILDERS. DEVELOPERS
July 24, 1986
Mr. Thomas L. Hedges
City Administrator
3830 Pilot Knob Road
P.O. Box 21199
Eagan, Minnesota 55121
Re: Eagandale Office Park 4th Addition/Compri Hotel
Dear Tom:
® Opus Corporation would appreciate having the Council consider a minor
amendment to their favorable action of last Tuesday evening on our
Compri Hotel and restaurant complex at Pilot Knob and Corporate Center
Drive.
As you recall, the Council approved our request for PUD -RB rezoning, a
conditional use permit to allow for the hotel to be six stories in
height, the site plan, and preliminary plat for the hotel at that
meeting. They also approved changing the city comprehensive plan to
accommodate the hotel/restaurant use through the rezoning. Our problem
is that the Council requested that we create an outlot for the
restaurant site adjoining the hotel. This action was taken in
anticipation that the restaurant site would require further rezoning and
comprehensive plan amendment consideration in the future.
® After discussing this matter with Dale Runkle it appears that we can
construct a restaurant on the outlot site without rezoning the property
or further amending the comprehensive plan. Restaurants are permitted
uses in the L-1 Industrial district which is the current zoning on the
subject property. Further, if Compri decides to attach the restaurant
to the hotel to take advantage of utilizing one liquor license for the
hotel and restaurant, a replatting would not be required if the
restaurant site is recorded as a separate Lot. This would save time and
expense in the future because a simple lot combination would be
initiated to achieve that objective. Finally, we intend to construct
some of the parking and access for the hotel on the restaurant site. It
would be far more comforting to the Compri management and Northwestern
Mutual Life Insurance, the land owner., if any development obligations
for those improvements were assignable through a recorded lot as opposed
to an outlot.
For all of the above reasons, Opus Corporation requests that the Council
allow us to proceed with the final plat for the hotel/restaurant
development showing the restaurant lot as a separate lot as opposed to
an outlot.
tri
OPUS AND AFFILIATES IN MINNEAPOLIS • CHICAGO • PHOENIX • MILWAUKEE • TAMPA • PENSACOLA
EXECUTIVE OFFICES: BOO OPUS CENTER • 9900 BR EN ROAD EAST • P0. BOX 150 • MINNEAPOLIS, MINNESOTA 55440 (612) 936-4444
Mr. Thomas L. Hedges
July 24,1986
Page 2
Could you ask the City Council at their next regular meeting to consider
amending their preliminary plat approval for the property to allow for
this change? Thank you.
Sincerely,
l�G�'ic�
Robert A. Worthing n, AICP
Executive Director—Governmental Affairs
RAW: jo
,55
®PUS CORPORATION
40
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Twenty -One
PROPOSED GAMBLING REGULATION CHANGES
B. Proposed Policy Changes for Gambling Regulations and Practices --
At the July 15, 1986 City Council meeting, direction was given
to review, and compare the City of Eagan's charitable gambling
policy with the policy/ordinance that is used by the city of
Janesville. The City Clerk's office has prepared a report, a
copy is attached on pagesthrough /,j , that outlines procedure
for adopting gambling regulations, a list of applications or
record in the City and comparisons of the proposed policy with
the previous City Code provisions. On the advice of Municipal
Ordinance Codifiers, Incorporated, the gambling licensing section
of the City Code was repealed as part of the recent update.
The only reference to gambling in the Code lists it as a prohibited
activity in establishments having liquor licenses except as licensed
by the Charitable Control Board and by established City policy
(new Section 5.15).
City Councilmember Ellison has prepared a proposed charitable
gambling policy that suggests the following goal: "'set a policy
insuring that charitable gambling in Eagan is conducted by Eagan
non-profit organizations and that the proceeds from that gambling
are used for the betterment of our community." The method outlined
in Councilmember Ellison's proposal attached on page (.7-- would
provide greater assurances that any proceeds received from a -
gambling activity would be returned to the community in the form
of community betterment.
• It is suggested that the City Council review the proposed policy
prepared by City Councilmember Ellison, report as prepared by
the City Clerk's office, and provide some direction regarding
a proposed amendment to the City Code or new policy on. gambling.
ACTION TO BE CONSIDERED ON THIS ITEM: To provide direction to
the City Attorney's office to prepare an amendment to the City
Code provisions on gambling regulations,.incorporating suggested
requirements as set forth in the proposed policy revisions by
City Councilmember Ellison.
d4
TO: CITY CLERK VAN OVERBEKE
FROM: ADMINISTRATIVE ASSISTANT WITT
DATE: JULY 22, 1986
SUBJ: GA14BLING REGULATIONS AND PRACTICES
The following is a report of gambling in Eagan as regulated by the State
Charitable Gambling Board; how it has been regulated in Eagan and the
proposed Eagan gambling policy.
I. The Charitable Gambling Board is authorized to issue, revoke and
suspend licenses to organizations and suppliers. The Board adopts rules
governing all lawful gambling in the state.
The applicant must meet qualifications and have lawful purpose. The
licenses are valid for a year and may be suspended for any violation of
any law or rule.
® Exemptions are: .
Bingo, if conducted with county or state fair or civic celebration event:
if not more than 12 consecutive days a year
if conducted by organization having four or fewer bingo sessions a year.
Raffles, with the prize money not to exceed $750. All prizes must be valued
at the fair market price.
II. Procedure.
To conduct lawful gambling an organization must:
Have been in existence for at least three years.
Have at least 15 active members
Have a license from the State Gambling Board
Comply with State Statutes regulating gambling (Chapter 349)
Application -.State gambling board (A sample application is attached.)
® There must be separate applications filed for each gambling site
A bonded gambling manager must supervise the gambling activity
There are three classes of licenses which may be applied for:
A - Bingo, raffle, paddlewheels, tipboards and pull -tabs
B - Raffle, paddlewheels, tipboards and pull -tabs
C - Bingo only
The organization must maintain records of all gambling activity
Application - Local governing board
A copy of the application must be delivered to the local governing body.
If the local governing body adopts a resolution disapproving the license
and informs the state board within 30 days, the state board may not
issue or renew the license.
A City can adopt more stringent regulations including:
Prohibition of all lawful gambling
Require a permit from any organization which is exempt from the
the state board's licensing requirement.
GAMBLING APPLICATIONS IN EAGAN
1985-1986
Name of Organization
Date approved
Type of gambling
St. John Neumann
February 15,1985
Bingo
Lions Club
February 23, 1985
Raffle
Knights of Columbus
March 29, 1985
Bingo
Optimist Club
April 1, 1985
Raffle
Lions Club
April 13, 1985
Class B
Lions Club
January 21, 1986
Class B
Osman Shrine
April 1, 1986
Class A
Eagan Hockey Assn
June 17, 1986
Pull tabs
DENIED
National MS Society March 19, 1985 Class B
The gambling was to be conducted at the Valley Lounge Bar and Restaurant.
The application was denied due to the inability to police an ongoing
daily gambling activity. There was a question as to whether the MS Society
had a full-time gambling manager. There was also a question as to whether
the owner of Valley Lounge would participate in the gambling operation.
Note: The state statutes say it is okay to conduct raffles and pull -tabs
in a location where liquor is sold.
State statutes say there need not be specific reasons for a local
governing body to deny, but the gambling board has to be notified
within the 30-day.time frame.
6
�g
40
40
COMPARISONS OF PROPOSED POLICY WITH PRESENT ORDINANCE
PROPOSED
Non-profit
31 membership live/work in Eagan
40 active members
80% net profit for local use
Premises owned by eligible organization
Premises have on -sale liquor license
Gambling on leased premises separate
from bar area
Gambling sales by organization member
® No owner or employee of leased premises
may sell
Minimum age for gambling the same as
for drinking
PRESENT
Non-profit
Not addressed
15 (state statute)
Profits are to be used for
lawful purpose
Premises owned by eligible organization
Not 444V444$4 Allowed Sec. 5.52 subd.4
Not addressed
Not addressed
Not addressed
Not addressed
Question: Will a revised ordinance address items currently in the Eagan
Ordinance i.g.', Definitions, application process and license regulations
and restrictions?.
The following items are from the Janesville Ordinance and were not addressed
in the proposed policy.. Should they be?
Hours of operation
• Allowed on Sundays and holidays
Permit fee
Investigation fee
Compensation to operators
3
_!5Y
Eagan Ordinance says $25/week max.
P1 Minnesota Charitable Gambling Control Board FOR BOARD USE ONLY
�,. r� g
�;3L_3' 900 Summit State Bank Building
310 4th Avenue South
Minneapolis, MN 55415
(612) 341-7676
GAMBLING LICENSE APPLICATION
(Class A, B, or C)
i
INSTRUCTIONS: 1. PRINT OR TYPE.
� 2. Bring completed application to local governing body, obtain signature and date on all copies,
/ and leave goldenrod copy. Applicant keeps pink copy and sends remaining copies to above
address.
Type of Application:
❑ Class A - Fee $100.00 (Bingo, Raffles, Paddlewheels, Tipboards, Pull -Tabs)
❑ Class B - Fee $ 50.00 (Raffles, Paddlewheels, Tipboards, Pull -Tabs)
❑ Class C - Fee $ 50.00 (Bingo only)
Make checks payable to: Minnesota Charitable Gambling Control Board.
Applicant (Official, legal. name of organization)
Business Address
City, State, Zip
County
Business Telephone Number
Federal I.D. Nuober
Type of Organization
❑ Faternal ❑ Veterans
❑ Religious ❑ Other Nonprofit Organization
Type of Organization Charter
❑ International ❑ National ❑ State
Number of Years in
Number of Articles of
Existence (in Minnesota)
Incorporation (if incorporated)
Location Where Articles are Filed
'Yes
No
1. Does organization have a dues structure?
If yes, number of active members
.2. Has organization been previously licensed
by the Board? If yes, give date
essorame (it lease or rent
Address
. Has license ever been denied, suspended
Gambling Manager Name
Address
or revoked? If.yes check all that apply:
The $10,000 fidelity bond required by Minnesota
Statutes 349.09 has been obtained.
❑Denied ❑ Suspended ❑ Revoked
4. Is organization exempt from payment of
U.S. income tax? If yes, attach copy of
letter declaring exemption.
5. Is organization tax exempt from payment
of Minnesota tax? If yes, attach copy of
letter declaringexemption.
Site Address
City, State, Zip
County
Yes
No
Are all gambling activities conducted at
the above site? If no, complete a sepa-
rate application form for each site as a
separate license is issued ,for each site.
2. Is site located within city/town limits?
3. Does organization own the site where
gambling activity will be conducted? If
no, attach copy of the lease for the
site.
essorame (it lease or rent
Address
City, State, Zip
Gambling Manager Name
Address
City, State, Zip
The $10,000 fidelity bond required by Minnesota
Statutes 349.09 has been obtained.
Company Name Bond Number
Name.of Organization's Officers and Titles
a.
C.
b.
d.
CG -00001-01 (12/84) 66 Continued on Page 2
-2 -
Minnesota Charitable Gambling Control Board
GAMBLING LICENSE APPLICATION
(Class A, B, or C)
GAMBLING SITE AUTHORIZATION
By my signature below, local law enforcement officers or agents of the Board are hereby
authorized to enter upon the site, at any time gambling is being conducted, to observe
the gambling and to enforce the law for. -.any unauthorized,game or practice.
BANK RECORDS AUTHORIZATION
By my signature below, the Board is hereby authorized to inspect the bank records of the
General Gambling Bank Account whenever necessary to fulfill requirements of current gambli
rules and law.
OATH
I hereby declarc thct
R. I have read this application and all information submitted to the Board;
2. All information submitted is true, accurate, and complete;
3. all other required information has been fully disclosed;
4. I am the chief executive officer of the organization;
5. I assume full responsibility for the fair and lawful operation of all activities to be'
conducted;
6. I will familiarize myself with the laws of the State of Minnesota respecting gambling
and rules of the Board and agree, if licensed, to abide by those laws and rules,
including amendments thereto.
Official, Legal Name of Organization
Must be signed by Chief Executive Officer)
Title
Date
ACKROWLEDGEMENT OF NOTICE BY LOCAL GOWERNING BODY
I hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I
admit having been served with notice that this application will be reviewed by the
Charitable Gambling Control Board and if approved by the Board, will become effective 30
days from the date of receipt (noted below), unless s resolution of the local governing
body is passed which specifically disallows such activity and a copy of that resolution is
received by the Charitable Gambling Control Board within 30 days of the below noted date.
Name of Local Governing Body
Signature of Person Receiving Application
Date Received (This is date from which the
approval begins)
ORGANIZATION
Name of Representative for Gambling License Applicant
(serving notice)
CC -00001-01 (12/84) White - Board Canary - Boar ink - Applicant Goldenrod - Governing
.. (data en tr 0 Body
k
PROPOSED CHARITABLE GAMBLING POLICY
FOR THE CITY OF EAGAN
GOAL: Set a policy ensuring that charitable gambling in Eagan is conducted by
L Eagan non-profit organizations and that the proceeds from that gambling
are used for the betterment of our community.
METHOD: 1) Require that organizations receiving charitable gambling licenses
be non-profit groups, and show that at least half their members either
work or reside within the City of Eagan (zip codes 55121, 55122 or
55123). Require such organizations to have at least 40 active members.
2) Require that applicants pledge (and later verify) that 80 percent
of the net proceeds collected from charitable gambling be used to sup-
port recreational, civic or cultural programs benefiting the citizens
of Eagan.
3) Require that gambling to be done only in the premises owned by eli-
gible approved organizations, or on the premises of an establishment
having a liquor license issued by the City of Eagan. •
4) Require gambling within leased premises to be separate from the bar
or service area, and do not allow sale of liquor within the leased
area. Require that the sale of gambling paraphernalia be made by an
active member of the conducting organization, or its auxiliary.
Prohibit an owner or employee of the leased space from selling gambling
paraphernalia while on duty.
` 5) Require the minimum age for charitable gambling to be the same as
the minimum age for drinking intoxicating liquor.
REASON: 1) There is only a limited amount of revenue to be derived from chari-
table gambling in Eagan, and organizations with a base in the city
should have first claim on those dollars. Placing a minimum membership
at 40 people will stop fly-by-night groups from coming in and setting
up shop.
2) Persons who participate in charitable gambling should have some
assurance that their contributions are going toward worthwhile causes.
Earmarking the great majority of revenue toward community projects
should allay those fears.
3) By putting charitable gambling operations in locations dependent
upon city licensure, the city will maintain better control over the
activities.
4) Bartenders shouldn't be selling pull -tabs, even if they belong to
the approved non-profit group. That turns the bar into a casino.
Gambling paraphernalia should only be sold in separate leased areas by
club members. Requiring the club to supply sellers will reduce the
amount of casual gambling.
5) We don't want minors frequenting our bars.
--30--
62,
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Twenty -Two
GAMBLING LICENSE/MS SOCIETY AT VALLEY LOUNGE
A. Approval for Gambling License at Valley Lounge by National
MS Society --The National MS Society has submitted an application
for gambling to be conducted at leased space from the Valley
Lounge. The applicant is identified as the National MS Society;
Minnesota North Star Chapter, 2344 Nicollet Avenue, Minneapolis,
55404. For a copy of their application, refer to pages
through &5 .
• At the March 19, 1985 City Council meeting, a class B gambling
license was denied for the National MS Society. Action at that
meeting was recorded as follows: "An application has been received
from the National MS Society, Minnesota North Star Chapter, through
the Minnesota State Gambling Board for a class B gambling license
to be located in the. Valley Lounge on Highway 13. It was noted
that the request was for an ongoing application for a gambling
license. Councilmembers questioned whether there is a 90 day
moratorium in effect regarding applications through the state
board. After discussion, Thomas moved, Egan seconded the motion
that the City Council recommend denial of the application based
upon what the Councilmembers understood as the criteria for
qualifications under the state law and further, it is the under-
standing of the City that the application shall be submitted
only through the municipality until June 1, 1985 and further;
that the application was for an ongoing license without any indica-
tion, specifically as to the method of policing the applicant
• in the location proposed for the license." All members voted
in favor.
Enclosed on page &o is a letter from the National MS Society
for review by the City Council. Also enclosed without page number
is a copy of the Northstar Review publication and a brochure
on the MS Volunteer Services Program. The City Administrator's
office was asked to distribute this information to the City Council
for review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
gambling, license at Valley Lounge as sumitted by the National
MS Society.
63
FOR BOARD USE ONLY
Charitable Gambling Control Bd
Rm N-475 Griggs -Midway Bldg
1821 University Avenue
St. Paul, 'MN 55104-3383
GAMBLING LICENSE APPLICATION
(Class A, B,. or 0
INSTRUCTIONS: 1. PRINT OR TYPE.
2. Bring completed application to local governing body, obtain signature and date un all copies,
and leave goldenrod copy. Applicant keeps pink copy and sends remaining copies to above
address. I
3. Changes in application information must be submitted within 10 days after the chane..
Type of Application:
❑ Class A - Fee $100.00 (Bingo, Raffles, Paddlewheels, Tipboards, Pull -Tabs)
® Class 8 - Fee S 50.00 (Raffles, Paddlewheels, Tipboards, Pull -Tabs)
❑ Class C - Fee S 50.00 (Bingo only)
Make checks payable tn: Minnesota Charitable Gambling Control Board.
plicant (official, legal name of organization)
at'l MS Society, MN North Star Chapter
Business Address
2344 Nicollet Avenue
City, State, Zip
Minnea olis MN 55404
County
Hennepin
Business Telephone Number
Federal I.D. Number
(612 1 870-L
1 41-079-0658
Type of Organization
❑ Fraternal ❑ Veterans
❑ Religious ® Other Nonprofit Organization
Type of Organization Charter
❑ International ® National ❑ State
Nimner of Years in
Number of Articles of
Existence (in Minnesota)
Incorporation (if incorporated)
32 years
19
lor"ation Where. Articles are Filed
New York
Yen
No
1. Does organization have a dues structure?
X
number of active members 1300n
no, attach copy of the lease for the
. Has organization been previously licensed
X
by the Board? If yes, give date 1985
site.
Lessor Name (if lease or rent
. Has license ever been denied, suspended
i
City, State, Zip
or revoked? If yes check all that apply:
Gambling Manager Name "
X
❑Denied ❑ Sus ended ❑ Revoked
2344 Nicollet Avenue
City, State, Zip
4. Is organization exempt from payment of
The $10,000 fidelity bond required by Minnesota _
Statutes 349.20 has been obtained.
U.S. income tax? If yes, attach copy of
X
letter declaring exemption.
Is organization tax exempt from paymenlor
15.
of Minnesota tax? If yes, attach copy
X
letter dnclarin exemption.
Si33 rens
City, State, Zip
County
Kingsley H.
Yes
No
1. Are all gambling activities conducted at
J. Wood, Treasurer
b. David Speer,
the above site? If no, complete a sepa-
Joanne
rate application form for each site as a
X
separate license is issued for each site.
2. Is site located within city/town limits?
3. Does organization own the site where
gambling activity will be conducted? If
no, attach copy of the lease for the
X
site.
Lessor Name (if lease or rent
Address
i
City, State, Zip
Gambling Manager Name "
Willard M. Munger, Jr.
Address
2344 Nicollet Avenue
City, State, Zip
Minneapolis, MN 55404
The $10,000 fidelity bond required by Minnesota _
Statutes 349.20 has been obtained.
Company Name Bond Number
Fidelity & Depositors 9882268
CG-OOn01-01 (12/84) (Pq- Continued on Page 2
Name of Organization's Officers and
Titles
Kingsley H.
Murphy, Jr.,
Chair
c. Jeffrey
J. Wood, Treasurer
b. David Speer,
Vice Chair
Joanne
Levin, Secretary
CG-OOn01-01 (12/84) (Pq- Continued on Page 2
-2 -
Minnesota Charitable Gambling Control Board GAMBLING LICENSE APPLICATION
(Class A, B, or C)
GAMBLING SITE AUTHORIZATION
By my signature below, local law enforcement officers or agents of the Board are hereby
authorized to enter upon the site, at any time gambling is being conducted, to observe
the gambling and to enforce the Law for any unauthorized game or practice.
BANK RECORDS AUTHORIZATION
By my signature below, the Board is hereby authorized to inspect the bank records of the
General Gambling Bank Account whenever necessary to fulfill requirements of current gemblin
rules and law.
OATH
1 hereby declare that
1. I have read this application and all information submitted to the Board;
2. All information submitted is true, accurate, and complete;
3. all other required information has been fully disclosed;
4. I am the chief executive officer of the organization;
S. I assume full responsibility for the fair and lawful operation of all activities to be
conducted;
6. 1 will familiarize myself with the laws of the State of Minnesota respecting gambling
and rules of the Board and agree, if licensed, to abide by those laws and rules,
including amendments thereto.
Official, Legal Nome of Organization
Nat'l MS Society, MN North Star Chapter
Signature (Must be signed by Chief Executive Officer)
Title
Executive Director
Date
T.
ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY
I hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I
admit having been served with notice that this application will be reviewed by the
Charitable Gambling Control Board and if approved by the Board, will become effective 30
days from the date of receipt (noted below), unless a resolution of the local governing
body is passed which specifically disallows such activity and a copy of that resolution is
received by the Charitable Gambling Control Board within 30 days of the below noted date.
Signature of Person Receiving Application
.-i/
--
_
ORGANIZATION
Date Received
This is date
from which
the 30 day
Name of Representative for Gambling License Applicant
approval begins)
— _
3/1
(serving notice)
CG -00001-01 (12/84)
White -
Board
lO v
National Multiple Sclerosis Society
Minnesota North Star Chapter • 2344 Nicollet Avenue,* Minneapolis, Minnesota 55404
Telephone (612) 870-1500
Toll-free 1-800-582-5296
EXECUTIVE COMMITTEE
Chairperson
-
Kingsley H. Murphy, Jr.
'
Vice Chair
July 24, 1986
David speer
Treasurer
Jeffrey J. Wood
n 3 Secretary
J U L
:� !; v .J Joanne Levin
Thomas Hedges
Past Chair
Judith Fletcher
City Administrator
Stanley; Nelson
3830 Pilot Knob Road
Executive
Jr.
• Eagan, MN 55122
Munger.
Dear Mr. Hedges:
The Multiple Sclerosis Society desires approval to conduct
charitable gambling in the Valley View Lounge at 3385 Sibley
Highway.
Our method of operation is to rent space in the bar for a fixed
amount per month. We manage and staff our pull tab booth with
our own employees. Expenses are tightly controlled by the
state with 40% expense allowed. The remaining 608 of revenue
after prize payment is expended on services for MS patients and
other handicapped individuals.
® Enclosed are information pamphlets on services provided by the
MS Society.
I will be present at the August 5, 1986 meeting to answer any
questions that may arise. It would be appreciated if I could be
on the agenda immediately after the discussion on gambling.
If you have any questions before the meeting, please feel free
to call me at 559-5629.
Sincerely,
Sharon A. Grigel
Area Manager
cc: Wayne Novak
Gaming Manager
M01
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Twenty -Three
ON -SALE WINE'LICENSE - CHARLIE CHEN'S RESTAURANT
B. On -Sale Wine License, Charlie Chen's Restaurant, 1989 Silver
Bell Center --An on -sale wine license application was submitted
by Charles Chen for Charlie Chen's Restaurant located at 1989
Silver Bell Shopping Center. For a copy of the Police Department
report refer to page The application is also enclosed
without page number.
67
ACTION TO
BE CONSIDERED ON THIS
ITEM: To approve
or deny the
on' -sale wine
license application
as submitted by
Charles Chen
®
for Charlie
Chen's Restaurant.
67
o■
3830 Pilot Knob Road
Eagan, Minnesota 55122
police department
July 23, 1986
TO: Thomas L. Hedges, City Administrator
FROM: Patrick J. Geagan, Admn. Captain
JAY M. aERTHE
PATRICK J. GEAGAN
Adminlnmlv.UP.1n
KENNETH D. ASZMANN
OP..don P.p n
SUBJECT: INVESTIGATION OF THE APPLICATION FOR ON -SALE
WINE LICENSE (CHARLIE CHEN'S RESTAURANT)
The Eagan Police Department has investigated the appli-
cation for a on -sale wine license at Charlie Chen's Res-
taurant, 1989 Silver Bell Center, Eagan. As you are aware,
the restaurant currently has a 3.2 license and is cur-
rently in operation. Eagan investigarors have spoken with
Mr. Chen's landlord and references and find no reason to
deny his application.
The police department has not experienced any problems
with the license holder and his current 3.2 license since
he has been in operation.
Pat
PG/kg
cc Liz Witt
IL
i
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
•
•
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Twenty -Four
SPECIAL PERMIT/ALL AMERICAN SELF STORAGE
C. Special Permit to Allow Directional Sign Along Highway 13 for
the All American Self Storage --An application was submitted to
the City by Village Builders requesting a Special Permit to allow
a locational sign and an "arrow" for the existing pylon sign for
the All American Self Storage located on Highway 13. For
additional information ori this item referred to the Planning
Department report, a copy is enclosed on pages �- through
T'
ACTION TO BE CONSIDERED ON THIS ITEM.
Special Permit to allow a directional
All American Self Storage..
To approve or deny the
sign along Highway 13 for
CITY OF EAGAN
SUBJECT: SPECIAL PERMIT
APPLICANT: VILLAGE BUILDERS (ALL-AMERICAN SELF STORAGE)
LOCATION: LOT 2, BLOCK 2, CEDAR INDUSTRIAL PARK
EXISTING ZONING: L-1
DATE OF PUBLIC HEARING: AUGUST 5, 1986
DATE OF REPORT: JULY 28, 1986
REPORTED BY: PLANNING DEPARTMENT
® APPLICATION: An application has been submitted by Village Builders
requesting a special permit to allow a locational sign and an
'arrow' for the existing pylon sign for the All American Self
Storage along Highway 13.
COMMENTS: The existing 72 S.F. pylon sign for this facility
was approved on January .21, 1986. The sign is located near the
S.W. portion of this 2.8 acre site. There is approximately 670
S.F. of frontage along Highway 13 but the only access to the
mini storage is through a 40' road easement connecting to Shawnee
Road in front of LaFondas.
The applicant wishes to -add a 25 S.F. arrow to the existing sign,
pointing to the Shawnee entrance, and construct a 4' X 8' interior
lighted ground sign facing Highway 13 at that location. This
sign will be in the 40' road easement. Code permits signs to
®be 7' tall but due to the height of the grass and the side slope,
an 8.5' height is desired.
The existing sign would have 97 S.F. of total signage. The arrow
and the new 32 S.F. sign will be subject to the 2.50 S.F. sign
fee.
If approved,the specialpermit shall be subject to:
1)
The
height
be determined by the
City Council.
2)
All
other
applicable ordinances.
70
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Agenda Information Memo
August 5, 1986, City Council Meeting
Page Twenty -Five
SPECIAL PERMIT/TEMPORARY CHURCH USE
LIGHT INDUSTRIAL DISTRICT
D.- Special Permit to Allow for Temporary use of a Church in an
LI District --An application was submitted to the City requesting
a Special Permit to allow the South Minneapolis Christian Church
a temporary use in an existing office/warehouse facility. The
• location is 3586 Kennebec Drive located in the Cedar Industrial
Park.
•
For additional information on this item refer to thePlanning
Department report. A copy is enclosed on pages -fyesI through
-77--
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny this
Special Permit for a temporary use as requested by the South
Minneapolis Christian Church.
73
CITY OF EAGAN
SUBJECT: SPECIAL PERMIT
APPLICANT: SOUTH MINNEAPOLIS CHRISTIAN CHURCH
LOCATION: CEDAR INDUSTRIAL PARK R.L.S.
PART OF TRACT F
EXIST114G ZONING: L - 1
DATE OF PUBLIC HEARING: AUGUST 5, 1986
DATE OF REPORT: JULY 29, 1986
REPORTED BY: PLANNING DEPARTMENT
®APPLICATION An application has been submitted requesting a special
permit to allow South Minneapolis Christian Church temporary
use of an existing office/warehouse facility. This building
is located at 3586 Kennebec Drive in the Cedar Industrial Park.
COMMENTS: The applicant hopes to use this building for 1-2 years
until a permanent structure can be built. The building, owned
by Larry Wenzel, has ,nine other users and each has been noticed
of the proposed use. . On site parking for approximately 60 cars
will be provided. The office space will be converted to a
ry nursery/sunday school and the warehouse into a 2200 S.F. assembly
area. An emergency exit is provided at the back of the building.
All remodeling changes will need to be approved by the City's
Inspection Department.
If a sign is placed above the entry it will be subject to the
® one time sign fee of $2.50/S.F.No off-site signage is proposed.
If approved, this special permit shall be subject to all applicable
ordinances.
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Agenda Information Memo
August 5, 1986, City Council Meeting
Page Twenty -Six
WOODRIDGE APARTMENT PROJECT/
AMENDMENT TO HOUSING REVENUE BOND ISSUE
E. Woodridge Apartment Project/Request for a Change in Type of
Rentals to be Offered Within the Housing Project --The City has
received a request from Steve Wolson of the Brutger Companies
relating to the Woodridge Properties Housing Bond Revenue
• Project. This Project is located in Section 9 adjacent to
Coachman Road. The amendment requested by the Brutger Companies
provides for a change in the type of rentals providing for rent
of at least 75% of the units to moderate income persons,
including 208 to lower income tenants or provision for rental of
each unit in the Project at a rent affordable by moderate income
persons with 208 of the units rented to lower income tenants.
This Revenue Bond Issue was part of a joint sale with other
communities including the cities of St. Paul and Crystal. The
City of Crystal has authorized the change in rental policy as
requested. For additional information on the documents and
changes that are being requested refer to the City Attorney's
letter enclosed on page The City Attorney has reviewed all
documents and find -them To -"be in order for consideration.
ACTION TO BE CONSIDERED ON THE MATTER; To approve or deny the
• Woodridge Apartment Project request for change in type of rentals
to be offered within the housing project.
EAUGE, EIDE & KELLER. P.A.
ATTORNEYS AT LAW
WATER VIEW OFFICE TOWER. SUITE 303
1200 YANKEE DOODLE ROAD
EAGAN. MINNESOTA 55123
PAUL H.
HAUGE
KEVIN W.
EIDE
DAVID G.
KELLER
LORI M.
BELLIN
MICHAEL J. MAYER
Mr. Thomas Hedges
Eagan City Administrator
3830 Pilot Knob Road
Eagan, MN 55121
July 28, 1986
AREA CODE 612.
TELEPHONE. 456.8000
454.4224
RE: Woodridge Apartment Project
® 1985. Variable Rate Demand Rental Housing Development Revenue Bonds
Dear Tom:
I have received two sets of material from Steve Wilson of the Brutger
Companies relating to the Woodridge Properties Housing Revenue Bonds. As you
know, they are requesting an amendment that in essence provides for a change
in the type of rentals providing for rent of at least 75% of the units to
moderate income persons, including 20% to lower income tenants or provision
for rental of each unit in the project at a rent affordable by moderate income
persons with 20% of the units rented to lower income tenants.
I am enclosing three sets of materials:
1. A letter from Dorsey 6 Whitney as bond counsel, giving their opinion that
the amendment will not affect the opinion of the bond counsel deliveredat
the date of the issuance of the bonds originally in 1985. You will note
that they do not express an opinion as to any pending federal legislation
or any omissions, etc.
2. A Certification of Amendment or Termination or Deletion of Covenants which
is a certificate to be signed by all parties involved other than the City
of Eagan.
3. First Amendment to Regulatory Agreement which should be signed by the City
including all of the other affected parties.
I would suggest that you schedule the issue before the City Council for
approval and that the City not sign the documents until specifically requested
to do so, and to make certain that all other parties have also executed the
documents properly.
Very truly yours,
HAUGE, EIDE h KELLER, P.A.
Paul H. Hauge
PHH:ras
Enclosure
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Twenty -Seven
REZONING/FREDERICK DELOSH
F'. Frederick De Losh for Rezoning of '13.45 Acres from R-1 to
Agricultural --A public hearing was field by the Advisory Planning
Commission at their July 29 meeting, to consider an application
submitted by Frederick De Losh of 2882 Sibley Hills Drive, request-
ing a rezoning of 13.45 acres from R-1 to Agricultural, located
west of Highview Park. The APC is recommending denial of the
rezoning. For additional information on this item, refer to
the Planning Department report, a copy is enclosed on pages g�
through 0-. For a copy of the APC action, refer to page(s)91$$.
• ACTION TO BE CONSIDERED ON THIS ITEM: To
rezoning for Frederick De Losh from R-1
approve or deny the
to Agricultural.
i
CITY OF EAGAN
SUBJECT: REZONING
APPLICANT: FREDERICK DE LOSH
LOCATION: SE 1/4 OF SECTION 4
EXISTING ZONING
DATE OF PUBLIC HEARING:
R-1 (SINGLE FAMILY)
JULY 29, 1986
DATE OF REPORT: JULY 18, 1986
REPORTED BY: PLANNING DEPARTMENT
APPLICATION: An application has been submitted by Frederick
® DeLosh of 2882 Sibley Hills Drive, requesting a rezoning of
13.45 acres from R-1 (single family) to A (agricultural) located
west of Highview Park in Section 4.
BACKGROUND: Mr. De Losh met with City Staff earlier this year
to determine whether horses would be permitted on the subject
parcel if it were sold in the future. Horses are not permitted
in R-1 districts except by non -conforming use regulations.
The City zoning maps show this area R-1 as long ago as January,
1964 but there are no rezoning files detailing when the change
from A to R-1 took place.
Mr. De Losh has had astable on the site since 1956 (building
permit is on file) and kept horses until quite recently. Either
a conditional use permit or rezoning to an agricultural district
will be necessary to allow horses on site in the future. This
®item was scheduled for informal discussion at a recent City
Council meeting to determine which option would be best. The
Council recommended the rezoning which would also insure a public
hearing.
CONDITIONS:
1. If this rezoning is approved and the lots
a minimum of 5 acre lots would be required to
2. All other applicable ordinances shall be adhe:
R
are ever subdivided,
keep horses.
-ed to.
. I
•
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`-- South line of VALLEY Vi EW PLA7 149
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380.00(PLAT)
1 F SFI LC
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PARCELS
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117,445sq.tt
PARCEL "D "
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$
217,799 sq. ft.
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South Iine of VALLEY Vf LI. PLAIEAD
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PARCEL
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28,875sq.it. o"
33,769sgft.
-
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0.775Ac.
'26'W
379.66(MEAS.) -'
380.00(PLAT)
1 F SFI LC
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• Denotes iron Monument Found .
O Denotes Iroa Monument Set -
8ewings shown are based on assuwd datura
N01E: total area of property is 583.829 sq. It.. 13,419 acres
PARCEL "E'I
18 7, 937sq. ft.
4.314 Ac.
PARKN
z )1
939.16 V �.y - — a —
I hereby certify that tf.] survey. Dian or report vas prepare] by me or under my direct supervision
mid that I am a auiy Registered Land surveyor unser the in:•s of tae state of °innesota.
�c. DE los>a
.2882 SIVEY Hwy, 5�
EAGtAN • Ed-wa m, 5!; .ie
Date: Dece7ver 13. 1974
.Rag. No. 1612
APC Minutes
July 29, 1986
EAGANDALE OFFICE CENTER - PHASE TWO - SITE PLAN REVIEW
A site plan review for Eagandale Office Center, Phase Two, located in the
northwest quarter of Section 3, in the northeast quadrant of Pilot Knob Road
and Avalon Avenue was next convened by Chairperson McCrea. Mr. Runkle
introduced the application. Mr. David Hunt, project manager for Opus, was
present to represent the applicant. No appearances were made on behalf of the
public. Discussion centered around the fact that the parking area consisted
of 315 parking spaces versus the 380 required under the ordinance. City
Planner Runkle advised that the area did provide more than required green
space which would be available for additional parking if required. Member
Hall indicated that the parking requirement for office buildings in the City
of Eagan was high in relation to other cities where in many cases, one space
for 200 square feet of net rentable area were required, as opposed to one for
150 square feet of gross area. Hall moved, Trygg seconded the motion to
• recommend approval of the site plan, subject to the following conditions:
1. All standard engineering conditions shall be complied with.
2. All conditions of the Eagan Office Park Planned Development shall be
complied with.
3. Staff review of the adequacy of parking prior to phase 4 of the
development.
All voted yea.
PRISM HOTEL MANAGEMENT COMPANY - CONDITIONAL USE PERMIT
Chairperson McCrea then called the public hearing in regard to Prism Hotel
Management Company's request for conditional use permit for a liquor license
• for the Compri Hotel located on Lots 1, 2, and 3, Block 1, Eagandale Center
Industrial Park, and Outlot A of Eagandale Office Park, in that part of the
northwest quarter of Section 3, south of I-494 and east of Pilot Knob Road.
Mr. Dale Runkle introduced the application indicating that the request merely
was to determine the appropriateness of the conditional use permit for on -sale
liquor within the hotel in the City of Eagan. The applicant was represented.
There were no comments from the public. Hall moved, Harrison seconded the
motion to recommend that the conditional use permit for on -sale liquor in the
hotel within this PUD is appropriate. All voted in favor.
FREDERICK DeLOSH - REZONING
Chairperson McCrea next called the public .,hearing for rezoning from R-1
(Single Family) to A (Agricultural) property owned by Mr. Frederick DeLosh of
approximately 13.45 acres located in part of the south half of Section 4, west
of Pilot Knob Road and north of Lone Oak Road. City Planner Runkle described
the application as one for rezoning from R-1 to Agricultural., to continue the
ability to stable horses on the site.
Mr. Frederick DeLosh was present and
5
APC Minutes
July 29, 1986
indicated that he desired to maintain his property as one parcel with the
ability for his heirs or a future buyer to continue to stable horses on the
site. One member of the public, a neighbor, indicated concern as to the
number of horses that would be stabled on the site and indicated that horses
had not been stabled for 15 years. Mr. Joe Coheats of 2850 Sibley Heights
appeared and indicated his concern that the property not be rezoned for
multiple dwelling use once it had been rezoned from R-1 to Agricultural. It
was noted that the zoning maps indicated the property to be R-1, although Mr.
DeLosh, who had owned the property since 1946, indicated he was not aware of
it having been rezoned. It was noted by Mr. DeLosh that horses had not been
stabled on the property since 1967 or 1968. Member Hall recommended a
conditional use permit to allow horses as long as the parcel remains intact,
based on the following facts:
1. The zoning map indicates that the existing zoning is R-1.
2.
Surrounding
property is R-1 upon which those owners have relied.
•
3.
Horses have
not been stabled for many years on the site.
4. Rezoning to Agricultural may leave open the possibility of the future
developer requesting high density.
5. Conditional use permit may be an appropriate method to protect
adjacent: owners.
Mulrooney moved, Harrison seconded the motion to recommend denial of the
rezoning, subject to the understanding that the applicant could come back with
a request for conditional use permit. All voted in favor.
It was recommended that staff try to have Mr. DeLosh's application heard
by the City Council on August 5, 1986.
R. L. JOHNSON INVESTMENT COMPANY - CONDITIONAL USE PERMIT
The next public hearing convened by Chairperson McCrea consisted of the
request of the application of R. L. Johnson Investment Company, Inc, for a
conditional use permit for a pylon sign on Lot 1, Block 1, R. L. Johnson 2nd
Addition (Yankee Place), located in part of the northeast quarter of Section
17, Yankee Doodle Road and Comsery Drive. City Planner Runkle introduced the
application. Project manager, Charles Jungquist was present on behalf of the
applicant. There were no appearances on behalf of the general public. It was
pointed out that the sign is located adjacent to Highway 1113 and at a lower
grade with the result that only the sign area would be at eye level. The
actual area of the sign was discussed with the agreement between the applicant
and the Advisory Planning Commission, and only the upper 6 feet 6 inches, would
be used for signage with the portion below being merely a base for the sign.
This resulted in a sign of approximately 78 square feet.
Hall moved, Harrison seconded the motion to recommend approval of the
conditional use,permit for a pylon sign, subject to the following conditions:
6
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Twenty -Eight,
CONDITIONAL USE PERMIT/E-Z AIRPARK
G. Conditional Use Permit for Expansion of an Existing Airport
Parking Facility Consisting of 974 Parking Spaces on 8 Acres --
A public hearing was held by the Advisory Planning commission
at their July 29 meeting, to consider a conditional use permit
submitted by E -Z Airpark, requesting an expansion of the 773
car parking facility which presently exists. The applicant
requested an additional 8 acres and expansion of another 921 parking.
spaces for a total of 1,694 parking spaces for the E -Z Airpark
parking facility. The. APC is recommending approval of this applica-
tion. For additional information on this item, refer to a report
prepared by the Planning and Engineering Departments found on
• pages through L?5.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
conditional use permit for the expansion of an existing airport
parking facility as requested by E -Z Airpark.
m
•
CITY OF EAGAN
SUBJECT: CONDITIONAL USE PERMIT -E Z AIR PARK
APPLICANT: NOLAN BROTHERS, INC
MR. CHARLES NOLAN
LOCATION: PT OF LOT 6, EAGANDALE CTR IND PK
NO 2 IN SW 1/4 SEC 2
EXISTING ZONING: I-1 LIGHT INDUSTRIAL DIST
DATE OF PUBLIC HEARING: JULY 29, 1986
DATE OF REPORT: JULY 22, 1986
REPORTED BY: PLANNING AND ENGINEERING DEPARTMENT
APPLICATION: An application has been submitted requesting a
Conditional Use Permit in order to expand the 77,3 car parking
facility which presently exists. The applicant is requesting to
add 8 acres and an additional 921 parking spaces for a total of
1694 parking spaces for.the E Z Air Park parking facility.
COMMENTS: In 1984 Mr. Nolan submitted a request to the City for
a Conditional Use Permit to allow an off site parking facility
for Minneapolis/St. Paul International Airport. In 1984 Mr.
Nolan had received approval for this concept and a variance which
allowed the stall width to be 10' in width by 18' in length.
Also, the Conditional Use has a number of conditions which are:
1. A detailed landscape plan showing planning species,
• location, and sizes with the details of the fencing and
screening to be reviewed and approved by staff.
2. Detailed lighting plan" to be reviewed and approved by city
staff.
3. Concrete curbs shall be on the perimeters where the parking
lot will not be expanded.
4. The parcel will -require an approved final plat prior to the
conversion to a mini storage facility.
5. Only operable vehicles bearing current license plates shall
be parked in -this facility.
6. Separate conditional use would be required for the proposed
pylon signs.
The expansion Mr. Nolan is proposing is to purchase an
additional 8 acres south of the existing facility and east of the
McKee residential area. Presently there exists approximately 70'
between First Street and the curb of the proposed parking area
E - Z AIR PARK
PAGE 2
and a trail that functions as a lineal park system and is
minimally landscaped. At the last public hearing it seemed there
was support from some of the adjacent neighbors. However some
landscaping and screening should be done between the curb and the
lineal park system.
The second item which should be addressed is the lighting and
security of this portion of the parking facility. We
suggest that fencing and lighting be done to protect the
parking lot and the existing residents.
In review of the layout and design the applicant is proposing 9'
wide parking space by 18' length. The condition of the 1984
approval was that a 10' wide space by 18' length be allowed.
Therefore, staff is suggesting that the 10' wide spaces be
adhered to in the 2nd phase of the parking facility.
The applicants are proposing to provide a utility building in the
most southwesterly portion of the existing parking lot. This
utility building was originally proposed to wash the existing
trucks and had utilities provided. It would be •
the staff's suggestion that this building, if used, should be
connected to the City sewer system which should be available in
First Street directly to the west. The applicant is also
indicating in his proposal an above -ground gasoline tank which
should be reviewed and approved by the City Fire Marshall's
office.
As mentioned earlier in this report, the total parking stalls in
the parking facilities would be 1694 which also triggers an
environmental assessment review. The applicant submitted an
Environmental Assessment Worksheet. The staff is in the process
of reviewing this worksheet and will process the EAW review when
all of the information is submitted. In review of the past
operation for the 773 spaces, the applicant has computed the
average length of stay and the average daily trips for this
facility. It appears that cars coming to this facility stay on
the average of 5.7 days and that the average number of trips is
290.4 per day. Therefore, the impact appears to be as great as
that of the 733 parking space facility
The last item to mention in this report is that the applicant has
been reviewing the plan with the Engineering Department. The
Engineering Department has some concerns regarding the rate and
amount of drainage of this facility. They are presently working
on this review and will provide their recommendations to you at
the July 29, 1986 meeting.
CONDITIONS:
1. The sodding, seeding and landscaping be re-evaluated and a
detailed plan submitted and reviewed prior to the
commencement of the second phase.
E -Z AIR PARK
PAGE 3
2. The landscaped area along the east side of the McKee
Addition should include some burming and fencing to screen
the lights of the vehicles in this parking lot.
3. An Environmental Assessment Worksheet be submitted and
processed through the Environmental Quality Board prior to
the commencement of -,;the second phase..
4. If Conditional Use is approved for this expansion, a Waiver
of Plat shall be required in order to split the 8 acre
parcel from the existing lot which has access on to Lone Oak
Circle. City ordinances shall be complied with.
5. All City ordinances shall be complied with.
6. This development shall be responsible for trunk storm sewer
area assessment at the rates in effect at the time of
Conditional Use approval.
7. Council shall authorize a project to install downstream
® trunk sewer as per Comprehensive Storm Sewer Plan as a.
condition of Conditional Use approval.
8. This development shall provide the necessary on-site storm
water detention volumes based on outflow restriction of 16
cfs.
•
MEMO TO: PAM MC CREA, CHAIRPERSON 8 THE ADVISORY PLANNING COMMISSION
FROM: DALE C RUNKLE, CITY PLANNER
DATE: JUNE 19, 1985
SUBJECT: NEW BUSINESS, ITEM C
E -Z Air Park (Charles Nolan
The City had received an application for a Conditional Use Permit
for the expansion of E -Z Air Park. At this time, there appears to
be no major issue with the Permit, however, because of the expansion
of the parking lot to 974 parking spaces,, the Environmental
Assessment Worksheet has been initiated and must be processed for
this facility. Also, an Indirect Source Permit is required from the
Pollution Control Agency. One issue which has been addressed by the
City staff is in regard to the additional amount of runoff this
asphalt parking lot would create. Some onsite ponding will be
required in order that the rate and increase in flow can be
controlled. With these issues arising, staff is requesting that this
item be continued in order that the Environmental Worksheet can be
initiated, along with the Indirect Source Permit, and some study by
our Engineering Department in regard to the amount of ponding area
needed for this parking lot.
0
GRADING PLAN
AIRPORT. PARK PHASE 11
•
SILT FENCE DETAIL
NO SCALL
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RECEIVED MI 9 6 1936
JUNE 14 1986
MZ PAM McCREA, PLANNING DEPT.
EAGAN CITY HALL
3830 PILOT KNOB ROAD
EAGAN, MN 55121
Description of land parcel
SW $ of section 2 SW of T,
H. 55, East of Lexinton
Approximately 8 acres.
DEAR PAM:
RESIDENTS ALONG FIRST AVENUE ARE CONCERNED ABOUT THIS CONDITIONAL
USE PERMIT FOR SEVERAL REASONS., AND WE FEEL THE PLANNING,COMMISSION
BECOME AWARE OF OUR CONCERNS.
1. THE RESIDENTS FEEL THAT A GOOD BUFFER OF EVERGREEN TREES BE
PLANTED ALONG FIRST STREET.TO.HELP.SHIELD THE PARKING LOT AND ABATE
THE NOISE.
2. THAT PARTICULAR ATTENTION BE GIVEN TO HOLD PARKING LOT LIGHT-
ING ON THE RESIDENT TO A MINIMUM.
3. THAT NIGHT TRAFFIC ON THE PARKING LOT BE USED WITH PRUDENCE,
TO PROTECT THE RESIDENT DURING SLEEPING HOURS. ��
I WOULD LIKE THE MINUTES TAKEN ON THESE COVEMAT(JANK YOU. ,
FRCIS J R SKI
AN
1040 Mc STREET
EAGAN, MN 55121
93
I NDOTA
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SUBJECT PARCEL
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FIG. # 1
city of eaganLIC STORM SEWER approved: plate #d_
PUB _
WORKS
DEPARTMEN MASTER PLAN
is
Agenda Information Memo
August 5., 1986,City Council Meeting
Page Twenty -Nine
SITE PLAN REVIEW/SAFARI SHOPPING CENTER
H. Site Plan Review for Safari Shopping Center --At the July
29 Advisory Planning Commission meeting, a site plan for the
Safari at Eagan shopping mall was given consideration_ Action
was taken by the APC to recommend approval of the site plan as
presented.
For a copy of a memo, the proposed site plan and original site
plan, refer to pages through 17,le
The original plan for the Safari Mall Shopping Center was estimated
at 83,000 S.F. The revised plan is 86,180 S..F. and includes
a 24,000 S.F. supermarket and 11,000 S'.F. drug store. The revisions
to the original site plan are minor and as presented the major
anchors are the same as approved in 1981.
For a copy of the APC minutes, refer to page (X) c7q .
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
revised site plan for Safari at Eagan shopping, mall.
�1
c
•
P
MEMO TO: PAM MC CREA & THE ADVISORY PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: SAFARI AT EAGAN SHOPPING
On April 7, 1981, the final plat for the Safari At Eagan Shopping
Center was approved. the original proposal called for an 83,000
S.F. enclosed "mall".type building. Condition #6 of the preliminary
plat approval stated an architectural design for the entire commer-
cial area shall be approved by the Eagan City Council. Because,
it has been 5 + years since the previous approval and the new
proposal calls for a strip type center, the .revised site plan
has been submitted for review before the Advisory Planning Commis-
sion to identify the changes. A .separate Conditional Use Permit
will be required for a proposed pylon sign along Cliff Rd.
The new site plan meets all Code building and parking setback
requirements. The detailed landscape plan has been submitted
and will be modified to show a colonnade of trees through the
parking lot towards the main entrance. Also, additional plant
material will be added along the perimeter to screen parking
areas similar to that along Avalon Av and at the Rainbow site.
The project's architect will be at the APC meeting to answer
possible questions and review the architectural styling in greater
detail.
CONDITIONS:
1. All conditions for the previous final plat shall be adhered to.
2. This project shall be subject to the City park's dedication
requirements for commercial/industrial property platted prior
to 1983.
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Site Information:
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_ site plan
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du'monceaux
and associates
architects - planners
bnn nppl,aNCe:quam. nnle 269
bll RnnirKjl n.Minnewl0 5542U
leleplarw 61285, 1392
APC Minutes
July 29, 1986
12. This development shall be responsible for trunk storm sewer area
assessment at the rates in effect at the time of conditional use approval if
such assessments have not been previously assessed.
13. Council shall authorize a project to install downstream trunk sewer
as per the Comprehensive Storm Sewer Plan as a condition of conditional use
permit.
14. This development shall provide the necessary on-site storm water
detention volumes based on outflow restriction of 16 cfs.
15. Ten foot wide parking spaces shall be required.
16. The applicant shall be required to appear before the Advisory
Planning Commission with plans for the utility building and/or gas tank.
All voted yes. i
It was noted that copies of the minutes in regard to this issue had been
requested by Francis Dembroski.
SAFARI SHOPPING CENTER - SITE PLAN REVIEW
Chairperson McCrea then convened the public hearing in regard to the site
plan review for Safari Shopping Center (Fortune Realty) located in the
P southeast quarter of Section 28, northwest quadrant of Cliff Road and Thomas
Lake Road. Mr. Dale Runkle introduced the site plan review indicating that on
April 7, 1981, the final plat for Safari at Eagan Shopping Center was approved
with the original proposal calling for an 83,000 square foot enclosed "mall"
type building. The plan now was basically a strip center with a slight
increase in the square .footage. Mr. Byron Watschke and Greg du'monceaux
(architect) were present to answer questions. There were no public comments.
Discussion centered around the two outlots adjacent to the mall. It was noted
that the plat was not being changed and that the zoning and use remained the •
same. Mulrooney moved, Trygg seconded the motion to recommend approval of the
revised site plan, subject to the following conditions:
1. All conditions for the previous final plat shall be adhered to.
2. This project shall be subject to the City park's dedication
requirements for commercial/industrial property platted prior to 1983.
3. Additional plant material shall be added along the perimeter to screen
parking areas similar to that along Avalon Avenue and at the Rainbow site,
subject to staff approval.
4. A trash enclosure shall be attached to the building or placed within
the building.
All voted in favor.".
4
•
Agenda Information Memo.
August 5, 1986, City Council Meeting,
Page Thirty
SITE PLAN FOR EAGANDALE OFFICE CENTER 2ND PHASE
I. Site Plan Review for Eagandale Office Center Phase II (Opus
Corporation) Located at Pilot Knob Road and Avalon Avenue --At
the Advisory P-lanning Commission meeting held on July 29, 1986,
a site plan for the second phase of the Eagandale Office Center
consisting of 71,,980 S.F. in a three story office building was
given review. The APC is recommending approval of the .site plan
as presented. For additional information on this item, refer
to the Planning Department report found on pages through
4ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
Eagandale Office Center second phase, site plan as presented.
/GO
MEMO TO: PAM MCCRAE, CHAIRMAN, & THE ADVISORY PLANNING COMMISSION
FROM: DALE C RUNKLE, CITY PLANNER
DATE: JULY 24, 1986
SUBJECT: EAGANDALE OFFICE CTR - 2ND PHASE
Site plans have been submitted for the second phase of the Eagandale
Office Ctr. This phase will consist of a 71,980 s.f. 3 -story office
building on Lot 2. In reviewing this particular site plan, it is
consistent with Lot 2 of the overall Planned Development approved in
1985. The first building constructed was a 3 -story brick office
building at the corner of Avalon and Pilot Knob Road. The second
phase will be directly east of this building and architecturally
would tie in with the overall development plan. This proposed
building will be brick with bronze tinted insulated glass similar
• to the building to the west. Also, the berming and landscaping will
tie into the existing berms and reach an elevation of 918 to 920 in
the area where the street elevation runs from 908.on the west corner
of the lot to 916. The parking area will be at an elevation of
approximately 902 to 903 or substantially depressed from Avalon
Avenue.
In review of the overall site plan, it appears that the overall plan
conforms with the original Planned Development. The only question
staff would have regarding this proposed detailed site plan is the
parking spaces provided versus the parking required by City Code.
The applicants are proposing 315 spaces where 380 spaces would be
required. There would be adequate room to provide some additional
spaces if, in fact, additional spaces would be required for this
office building.
®If approved, this second phase development should be subject to the
standard engineering conditions and also the conditions that have
been placed on the Eagandale Office Park Planned Development.
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CITY OF EAGAN
SUBJECT: REZONING & PRELIMINARY PLAT - EAGANDALE "
OFFICE CENTER
APPLICANT: OPUS CORPORATION/NORTHWESTERN MUTUAL LIFE
INSURANCE COMPANY
LOCATION: LOTS 1 - 3, BLOCK 4 - EAGANDALE OFFICE PARK &
LOTS 18 - 28, BLOCK 3 - EAGANDALE CENTER IND. PARK
EXISTING ZONING: R.D. (RESEARCH & DEVELOPMENT DISTRICT)
DATE OF PUBLIC HEARING: FEBRUARY 26, 1985
DATE OF REPORT: FEBRUARYI5, 1985
REPORTED BY: DALE C. RUNKLE, CITY PLANNER
RICH HEFTI, ASST. CITY ENGINEER
APPLICATION SUBMITTED: The first application is a request to rezone approximate-. -
ly 28.7 acres from R.D. (research & Development) to a P.D. (planned development)
which would include 4 office buildings and a restaurant located on • Lots .1 3, Block 4, Eagandale Office Park & Lots 18 - 28, Block 3, Eagandale Center
Industrial Park. The second application is a request for Preliminary Plat
and detailed site plan design on the first office building located on Lo[
2, Block 2, of Eagandale Office Park 2nd Addition.
ZONING & LAND USE: Presently, the parcel is zoned R.D. (research & development)
and would allow a Toning distcic[ which would con[roT ptofessioriai'ce3earch
& development and limited industrial structures and operations which will
be compatible with the predominantly residential character of surrounding
areas so as to preserve for the residents of the City the full use, benefit
and enjoyment of their homes and property. The applicants are proposing to
change the zoning in order to allow specifically 4 office buildings and 1
restaurant in this 28.7 acre parcel. The site plan showing the overall concept,
shows 3 office buildings which will have [heir main access off of an interior
street from Corporate Center Dr. with only 2 minor driveways coming down to '-
Avalon Av. Therefore, the majority of the traffic and circulation will be
from Corporate Center Dr. & Pilot Knob Rd. versus Avalon Av. Lot 1, Block
2, is the location for a proposed restaurant in the future. This would consist
:of approx. 5,000 — 6,000 S.F. and would be a sit down facility. The office
buildings would consist of approx. 78,000 S.F. and the office, located on Corpor—
ate Center Dr., on Lot 1, Block 1, is proposed to have between 90,000 — 100,000
S.F. and would be a 4 story building again having access from Corporate Center
Dr.
In review of this project, the applicants have taken into account the residential
neighborhood to the south. Their first phase construction would consist of
the office building in the SW portion of the plat and in the construction
of this building, Opus would propose to berm and landscape the entire length
of Avalon Av. Grading and landscaping would only take place once in this
area and the landscaping would be in place so it could grow prior to the con—
struction of additional buildings. Secondly, the applicants have taken into
account site- lines and accesses to Avalon from the parking lots for the office
buildings. Staff feels they have taken into account the aesthetics and site
lines from the properties to the south and tried to design and landscape in
accordance with the exisiting homes to the south.
r
CITY OF EAGAN
SUBJECT: REZONING & PRELIMINARY PLAT - EAGANDALE "
OFFICE CENTER
APPLICANT: OPUS CORPORATION/NORTHWESTERN MUTUAL LIFE
INSURANCE COMPANY
LOCATION: LOTS 1 - 3, BLOCK 4 - EAGANDALE OFFICE PARK &
LOTS 18 - 28, BLOCK 3 - EAGANDALE CENTER IND. PARK
EXISTING ZONING: R.D. (RESEARCH & DEVELOPMENT DISTRICT)
DATE OF PUBLIC HEARING: FEBRUARY 26, 1985
DATE OF REPORT: FEBRUARYI5, 1985
REPORTED BY: DALE C. RUNKLE, CITY PLANNER
RICH HEFTI, ASST. CITY ENGINEER
APPLICATION SUBMITTED: The first application is a request to rezone approximate-. -
ly 28.7 acres from R.D. (research & Development) to a P.D. (planned development)
which would include 4 office buildings and a restaurant located on • Lots .1 3, Block 4, Eagandale Office Park & Lots 18 - 28, Block 3, Eagandale Center
Industrial Park. The second application is a request for Preliminary Plat
and detailed site plan design on the first office building located on Lo[
2, Block 2, of Eagandale Office Park 2nd Addition.
ZONING & LAND USE: Presently, the parcel is zoned R.D. (research & development)
and would allow a Toning distcic[ which would con[roT ptofessioriai'ce3earch
& development and limited industrial structures and operations which will
be compatible with the predominantly residential character of surrounding
areas so as to preserve for the residents of the City the full use, benefit
and enjoyment of their homes and property. The applicants are proposing to
change the zoning in order to allow specifically 4 office buildings and 1
restaurant in this 28.7 acre parcel. The site plan showing the overall concept,
shows 3 office buildings which will have [heir main access off of an interior
street from Corporate Center Dr. with only 2 minor driveways coming down to '-
Avalon Av. Therefore, the majority of the traffic and circulation will be
from Corporate Center Dr. & Pilot Knob Rd. versus Avalon Av. Lot 1, Block
2, is the location for a proposed restaurant in the future. This would consist
:of approx. 5,000 — 6,000 S.F. and would be a sit down facility. The office
buildings would consist of approx. 78,000 S.F. and the office, located on Corpor—
ate Center Dr., on Lot 1, Block 1, is proposed to have between 90,000 — 100,000
S.F. and would be a 4 story building again having access from Corporate Center
Dr.
In review of this project, the applicants have taken into account the residential
neighborhood to the south. Their first phase construction would consist of
the office building in the SW portion of the plat and in the construction
of this building, Opus would propose to berm and landscape the entire length
of Avalon Av. Grading and landscaping would only take place once in this
area and the landscaping would be in place so it could grow prior to the con—
struction of additional buildings. Secondly, the applicants have taken into
account site- lines and accesses to Avalon from the parking lots for the office
buildings. Staff feels they have taken into account the aesthetics and site
lines from the properties to the south and tried to design and landscape in
accordance with the exisiting homes to the south.
OPUS CORPORATION
REZONING & PRELIMINARY PLAT REPORT
FEBRUARY 26, 1985
PAGE 2.
The first phase building would meet the 100' setback from an agricultural
zoned parcel and also meets the setbacks of the other lot line requirements.
The proposed 3 story building would consist of 78,000 S.F. and would contain
26,000 S.F. per floor, or a little over 10% building coverage. The lot coverage ,
is approx. one half of what could be allowed in an R.D. district as presently
zoned.
In an overall review of this development, it appears that the concept proposed
through the P.D. allowing the 4 offices and restaurant is a better plan than
what could presently be developed on the 13 lots which presently exist. The .
applicants have submitted a site plan which shows how the area could develop
without any zoning changes meeting the intent of the R.D. district. However,
the proposal submitted for the P.D., of if elected, a modification to the
R.D. district to allow this plan, seems to be a more feasible way to develop
this property in relationship to the residential district. This plan appears •
to address the concerns and issues tliat were presented at a neighborhood meeting
in regard to buffering industrial development from the residential area for -
traffic buffering and the use for this property. No other development would
be allowed until additional detailed site plans have been submitted and reviewed
by the APC and Council for the additional lots of this development. There .
are additional controls the City can impose with each phase of this development..
GRADING/DRAINAGE: The existing topography consists of rolling terrain with -
a natural north—south drainage divide bisecting this property. Drainage over ...
the west half of this development presently is in a west—northwest direction
while drainage over the east half is in a NE direction. Storm water runoff
over the existing topography is collected in Pilot Knob Rd, Corporate Center
Dr. and Avalon Av. The storm water runoff is then collected in an int,6rnal
storm sewer located within each of the streets and transported eventually
to Pond HP -3. Figure,#1 illustrates the relationship of this proposed develop—
men[ to the storm sewer master plan. '
In reviewing the proposed, grading plan, with respect to, the existing stor.
sewer and the storm sewer master plan, Staff has two recommendations. :_First,
the proposed storm sewer connection to the catch basin,located in the SE corner
of Pilot Knob Rd. & Corporate Center Dr. intersection, shall be allowed. The
existing street area drainage, right—of—way and setback area drainage will
approach the capacity for this 12" catch basin lead. Drainage for the proposed
restaurant and westerly 3 story office building must be to the east. A 30"
storm sewer has been stubbed to the north line of this development from the
existing 54" storm sewer located within Corporate Center Dr. Secondly, Staff
estimates the storm water runoff generated from this development to be approx.
100 CFS. This amounts to approx. 25% of the capacity of the existing 54"
storm sewer line. What concerns Staff is that this 25% of the storm sewer
capacity is generated over approx: 10% of the total watershed served by this
54" storm sewer line. Staff would recommend that as much detention as possible
be provided on this proposed development. This will more than likely take
the form of utilizing portions of the parking lots as small detention basins
by controlling the rate at which the catch basins can absorb the runoff.
A plan for this shall be submitted with the Final Plat application.
i
OPUS CORPORATION
REZONING & PRELIMINARY PLAT REPORT
FEBRUARY 26, 1985
PAGE 3.
UTILITIES: Watermain surrounds this proposed development as shown in Figure
#2. A 12" watermain is in place along the west side of Pilot Knob Rd. & the
south side of Corporate Ctr. Dr, to approx. the Trapp Rd. intersection. From
.. there it continues along Corporate Ctr. Dr. as an 8" diameter watermain that
connects to an 8" diameter watermain located north of Avalon Av. This develop-
ment is not proposing that any internal watermain be constructed because of
the availability of the peripheral watermain to provide services to each indivi-
dual building. However, Staff has concerns that -. adequate fire protection
may not be provided with the layout as proposed for this development. Therefore,
Staff is proposing that an existing watermain be connected from the existing
12" waterline within Corporate Ctr. Dr. to the existing 8" waterline located
within Avalon Av. Possible routing would be from the NW portion to the SE
portion of this development. At this time, Staff has not had the opportunity
to perform a hydrolic network analysis within this area to determine the appro-
priate size for this watermain. Staff estimates this watermain should be
at least an 8" but will not have to be any larger than the 12" diameter water -
main. Completion of this analysi' is anticipated shortly. The important
• ` factor is that a watermain connection, as referenced, should be made to provide
.adequate fire flow for this development.
Sanitary sewer of adequate size, capacity and depth exists within Corporate .
Ctr. Dr. and Avalon Av. to provide service to this development. The sanitary
sewer within Avalon Av. consists as a 9" diameter line up to Vilas La. where
it then increases to a 12" diameter -sanitarysewer. This sewer is fairly
deep but the record plans indicate four services were installed with riser
sections to provide service to this proposed development. It does not appear
[hat_any�-�str'eet"excavation-will be required to install any sanitary 'sewer '..
services to this development. Likewise, the 24" sanitary sewer within Corporate
Ctr. Dr. is very deep but services with risers were installed to provide service _
to the south side of Corporate Ctr. Dr. No excavation within the existing
"Corporate Ctr. Dr. should be necessary.
STREETS: The existing streets surrounding this proposed development consist
..; of Corporate Ctr. Dr., Avalon Av. and Pilot Knob Rd. Corporate Ctr. Dr. and
:..Avalon Av. are City streets bpilt to their ultimate design. Pilot Knob Rd.
is under the juristiction of Dakota County Hwy. Dept. and is also constructed
to its ultimate design.
Internal access to this development consists of extending Trapp Rd. westerly
-.through the middle of this development and looping it back onto Corporate
Ctr. Dr. approx. 430' east of the intersection of Pilot Knob Rd. Staff would
recommend the minimum width for construction of this proposed public street
be a minimum of 40'.
Three other ,minor accesses are also being proposed. One being off of Corporate
Ctr. Dr. SE of the Trapp Rd. intersection. This driveway appears to be directly
across from an existing driveway installed with the development constructed
'by Opus last year. The other two accesses are on Avalon Av. One is directly
across from Beam La. while the other is approx. 240' west of Vilas La. These
do not appear to,pose any hazards from any public safety standpoint.
OPUS
CORPORATION
..' REZONING & PRELIMINARYPLAT REPORT
FEBRUARY 26, 1985 ,
PAGE
5.
CONDITIONS (continued)
10)
A watermain of sufficient size to provide adequate fire flow, as determined,
by Staff, shall be constructed between Corporate Ctr. Dr. & Avalon
Av.,_
to an alignment as approved by Staff.
11)
Existing sanitary sewer services must be utilized for this development.
12)
Trapp Rd. shall be constructed as a 40' width & a 9 ton loading capacity.
13)
Right—of—way for Trapp Rd. shall be a minimum of 661, increasing where..
necessary to provide adequate channelization.
14)
This development shall be respbnsible for the lateral benefit assessment
from trunk sanitary sewer if further research indicates it has never
been
levied.
15)
All costs associated with installation of public improvements for streets
& utilities will be the sole responsibility of this development. _
__•�Wt'r'+iit4W�+�1A+Rc:'ti�i!I.�•���n•.+tia�cTu�rdJ.rw?Yn4h�:.-_. ..rm•nr,e•: .. .. .:k- •y ,,; �:. :ti: ".a^: ., -" ...
,
OPUS CORPORATION
REZONING & PRELIMINARY PLAT REPORT
FEBRUARY 26, 1985
PAGE 4.
RICHT-0F-WAY/EASEMENTS: All right-of-way for existing streets have previously
been dedicated. A minimum 66' right-of-way is recommended to be dedicated
foc the proposed internal public street. This may have to be widened at the
west intersection of Trapp Rd. & Corporate Ctr. Dr. to accomodate channel'ization.
Easements shall be dedicated as required by City Code.
ASSESSMENTS: The assessment records for Lots 18 - 28, Block 3, of Eagandale
Center Ind. Park #1 -and Lots 1 - 3, Block 4, of Eagandale Office Park Add.
indicate that trunk area water,'sanitary sewer and storm sewer have been assessed.
It is not clear from these records whetherlateral benefit from the 24" trunk
sanitary sewer located within Corporate Ctr. Dr. or the 12" trunk sanitary
sewer located within Avalon Av. have ever been assessed. It is possible that
-this development will be responsible for additional assessments resulting
from the lateral benefit from trunk sanitary sewer. Additional research will.
be required to determine this.
Otherwise, all costs associated with the construction of streets and public
..utilities will be the sole responsibility of this development.
CONDITIONS:
If approved, the Preliminary Plat should be subject to all of the Standard
Conditions plus the following conditions:
...x.n.;;:,:tea..-:.�,...r.,:::�,-,....,...,...�.:.;. :_•;:,e:r ..,.:_ ,•„_ ..
1) A Planned Development be entered into adopting this concept and the detail
landscaping plan as exhibits as part of this P.D. agreement. .
2) No other development be allowed except the construction of office building
#1 until either all of the utilities and streets have been put in to provide
access to the 4 other Lots in this.
lat
P i^
r
.' 3) A P.D. agreement shall be no more than 5 years
4) All buildings shall be of a compatible architectural style as shown atI'
the 2/26/85 meeting. It is the intention that brick and glass will be
the exterior materials for these 4 office buildings. .
5) No building shall exceed 45' in height unless a Conditional Use Permit
is obtained.
6) Detailed light plan shall be reviewed by the neighborhood prior to con-
struction.
7) Landscape plans and plantings for Pilot Knob Rd. & Avalon Av. shall be
Installed with the 1st phase of development.
8) No roof or parking lot drainage will be allowed into the Pilot Knob Rd.
storm sewer system.
9) This development shall incorporate as much storm water detention aspossible
by methods approved by the Eng. Dept.
/0
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Agenda Information Memo
August 5, 1986, City Council Meeting
Page Thirty -One
PUBLIC IMPROVEMENT PROJECTS
Item 1. Contract 85-21, Receive Bids/Award Contract (Maintenance
Facility Expansion) --At 2:00 p.m. on Tuesday, July 29, formal
bids were received for the expansion and remodeling of the mainte-
nance garage facility and the various furnishings and specialized
equipment. Because of the complexities of the project, fixed
budget and uncertainty of the bidding climate, the bid proposal
was set up identifying twenty-one various alternates associated
with either adding or deleting certain proposed improvements
or conditions. Subsequently, the building committee and architec-
tural firm are evaluating the various alternates to determine
which ones would be best economically for the City to incorporate
in awarding the final contract. A formal joint recommendation
will be presented to the Council by the Public Works Director
and architect at the Council meeting of August 5 for ,further
discussion and ultimate contract award.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for
Contract 85-21 (maintenance facility expansion) and award the
contract with specific alternates to the lowest responsible
bidder.
Item 2. Contract 86-20, Approve Plans/Order Advertisement for
Bids Windtree 7th Addition -Streets and Utilities) --Under the
Public Hearing portion of this agenda, Council will be considering
whether to approve the installation of streets and utilities
under Project 478 to service the Windtree 7th Addition. At
the time the Council received the petition requesting the proposed'
improvements, the developer guaranteed all costs associated
with the preparation of the feasibility report and the simultaneous
preparation of detailed plans and specifications. Therefore,
if the project is approved under the public hearing process,
it would be in order for the Council to review and approve the
detailed plans and specifications in consideration of ordering
the advertisement for bids. The consultant engineer and Public
Works Director will be available to describe in detail any aspect
of concern regarding these proposed improvements.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans
for Contract 816-20 (Windtree 7th Addition) and order the advertise-
ment for bid opening to be held at 10:30 a.m., Friday, August
29, 1986.
/Zo
Agenda Information Memo
August 5,, 1986,.City.Council Meeting
Page Thirty -Two
PUBLIC -IMPROVEMENT PROJECTS CONT''D
Item 3. Contract 84-02, Approve Change Order #'1 (Wescott Trunk
Sanitary Sewer) --During 1984, the City constructed the trunk
sanitary sewer line, lift station and force main outlet for
the Wescott trunk sanitary sewer through Pat McCarthy's property
from Lexington Avenue to Deerwood Drive. During the summer
and fall of 1985, the contractor ,submitted a significant claim
for extra costs associated with finalizing this contract. When
these claims could not be resolved through the normal final
project cost settlement process, the contractor filed for settle-
,
ment through formal arbitration. The City then contracted with
the legal firm of Hart, Bruner, O'Brien 8 Thornton to represent
the City's interest in this matter. After extensive investigation,
research of documents, review by technical experts and an examina-
tion of the contractor's working documents, a mutually agreeable
settlement for payment for extra costs incurred has been agreed
to and is being processed as a formal change order to the base
contract in the amount of $44,969.29. The Public Works Director
will be available to discuss the details associated with the
claim as necessary at the Council meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order
#1 to Contract 84-02 (,Wescott 'trunk sanitary sewer) and authorize
the Mayor and City Clerk to execute all related documents.
Item 4. Contract 86-21, Approve Plans/Order Advertisement for
•
Bids --As part of the Parks Development Program, plans and specifica-
tions have been prepared for the erection of baseball and softball
backstops for ,Rahn, Goat Hill, Walnut Hill, Blue Cross, Meadowlands
and Quarry Parks, as well as outfield fencing at Rahn and Goathill.
All costs are part of the Park Bond Fund.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans and specifi-
cations for Contract 86-21 for the ballfield backstops and fencing
and order an advertisement for a bid opening on August 22, 1986.
Item 5. Contract 86-22, Approve Plans/Order Advertisement for
Bids --As part of the Parks Development Program, plans and specifica-
tions have been prepared for the installation of light standards
and wiring for parking lot lighting for Trapp Farm, Goat Hill
and Rahn Park. All costs are to be financed from the Park Bond
Fund.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans and specifi-
cations for Contract 86-22 for parking lot lighting and advertise
for a bid opening on August 29, 1986.
/z/
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Thirty -Three
PUBLIC IMPROVEMENT PROJECTS'CONT'D
Item 6. Contract 85-8, Approve Change Order No. 3 (Town Center
Additions) --During the installation of utilities necessary to
service the Town Center 70 and 100 Additions, several corrections
and/or modifications had to be incorporated to insure compliance
with City Standards and approved plans. All items were beyond
• the scope of responsibility of the Contractor of the existing
contract and are eligible for 'additional payment. All costs
incurred by this Change Order are fully assessable to the
benefited properties.
A - Furnish and install storm sewer
outlet safety grates
$ 6,730.98
B - Reconstruct sanitary manholes
(grade change)
1,058.32
C - Reconstruct sanitary manhole
(grade change)
669.43
D - Construct new manhole
(revised alignment)
4,461.60
• E - Repair hydrant (damaged by
building construction)
1,320.35
Total Add Change Order No. 3
$14,240.68
ACTION TO BE CONSIDERED ON THIS ITEM: To
approve Change Order
No. 3 to Contract 85-8 (Town Center Additions) and authorize the
Mayor and City Clerk to execute all related
documents.
Item 7. Contract 85-11, Approve Change Order No. 2 (Westbury 3rd
Addition) --This Change Order relates to additional costs incurred
by the Contractor beyond the scope of contract, responsibility
relating to cleaning the streets of construction erosion and
debris prior to final paving and installation of conduit for
subsequent electric/telephone installation.
/ZZ
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Thirty -Four
PUBLIC IMPROVEMENT PROJECTS CONT'D
A - Street cleaning
B - Utility conduit installation
Total Add 'Change Order
$1,120.10
720.00
$1,540.10
All costs associated with this Change Order are fully assessable
against the benefited subdivision (Westbury 3rd Addition)
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order
No. 2, Contract 85-11 (Westbury 3rd Addition) and authorize the
Mayor and City Clerk to execute all related documents..
Item 8. Contract 65-16, Approve Change Order No. 2 (Safari 2nd
A dition)--Prior to completion of the street surfacing under this
Contract,, the Contractor had to perform substantial street
cleaning of erosion and construction debris beyond the scope of
responsibility within the Contract.
Total Change Order No. 2
$1,,018.90
All costs associated with this Change Order are fully assessable •;
against the benefited subdivision (Safari 2nd Addition).
ACTION TO BE CONSIDERED ON THIS ITEM: Approve Change Order No.
2, Contract 85-16 (Safari 2ndAddition) and authorize the Mayor
and City Clerk to execute all related documents. .
Item 9. Contract 85-27, Approve Change Order No. 1 (Eagandale
-urt)--During the construction and installation of streets and
utilities for. Eagandale Court adjacent to Eagandale Center
Industrial Park 7th Addition, additional costs were incurred by
the Contractor beyond the scope of responsibility under the
Contract identified as follows:
/L3
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Thirty -Five
PUBLIC IMPROVEMENT PROJECTS CONT'D
A - Subgrade correction (removal
of buried construction debr'i's)
•
Total Change Order No. 1 (Add)
$4,,600.00
3,919.00
875.00
$9,394.00
All costs associated with this Change Order are fully assessable
against the benefited properties.
ACTION TO BE CONSIDERED ON THIS ITEM': Approve Change Order No.
1, Contract 85-27 (Eagandale Court) and authorize the Mayor and
City Clerk to execute all related documents.
/Z5L
B
- Finish
site grading
•
C
- Topsoil
undersodding
•
Total Change Order No. 1 (Add)
$4,,600.00
3,919.00
875.00
$9,394.00
All costs associated with this Change Order are fully assessable
against the benefited properties.
ACTION TO BE CONSIDERED ON THIS ITEM': Approve Change Order No.
1, Contract 85-27 (Eagandale Court) and authorize the Mayor and
City Clerk to execute all related documents.
/Z5L
Agenda Information Memo
August 5, 1986, City Council Meeting
Page'Thirty-S)K
REVIEW ON AND OFF -SALE LIQUOR LICENSE FEE POLICY
B. Review Fee Policy for On and Off -Sale Liquor License
Investigations --The City Administrator has met on several occasions
with Police management, including the Police Chief and
Administrative Captain Geagan, to discuss expanding investigation
procedures for both on and off -sale liquor license applications.
For background as to why the City is considering additional investi-
gation requirements, please refer to a memo prepared by
Administrative Captain 'Geagan and a memo from the City Attorney's
office which are enclosed on pages through
Since Police Chief Berthe will be present during Department Head
Business, it might be appropriate to allow a brief discussion
on the suggested changes to our present on and off -sale liquor
license application investigation policy. Further discussion
could then be convened later in the evening when it appears on
the agenda under Additional Items.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a more
extensive investigation policy for the review of on and off -sale
liquor license applications.
police department
JAY M. BERTHE
LN01 W POW
PATRICK J. GEAGAN
Aamminnnv. unnm
oq cza06,n KENNETH D. Aa2MANN
F KENNETH
.. ASZM
3830 Pilot Knob Road
Eagan, Minnesota 55122
28 July 1986
TO: Thomas L. Hedges, City Administrator
FROM: Administrative Captain
SUBJECT: ON and OFF SALE
LIQUOR LICENSE APPLICATIONS & INVESTIGATIONS
The police department would like to suggest that we make a
significant change in the current method of conducting investiga-
tions relative to on and off sale liquor license applications.
With the exception of one license in the city, most of our past
investigations have been conducted within the State of Minnesota
and information has been relatively easy to obtain. We have
experienced some problems with those investigations as we have
not demanded substantiating documentation of what they put on
the liquor license application.
The department is concerned that with the growth of the city
and the number of outside people interested in liquor licenses
in our city, unless we change our liquor license investigation
procedure, we could have a serious problem in the future.
We believe it is very important for the city to have an indepth
background check on any individuals or corporations that apply
for a license within this community. It is important, parti-
cularly when considering outside interests, that we know where
the finances are coming from for the establishment and exactly
who the individuals are who will be involved with it and their
background.
I have researched the method of application and investigation
in the cities of Burnsville and Bloomington, and they are
essentially the same in nature. I have discussed the procedure
with Gene VanOverbeke and Dave Keller and they have agreed that
the items listed below are possible to get. Prior to any
investigation, we would require from an applicant the following
items:
On Sale or Off Sale
a. Part I - Application for Liquor License General Informa-
tion - 2 copies.
• /lam%
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Thomas L. Hedges Page Two
b.. Part II - Personal Information - 2 copies.
NOTE: Parts I and II would be the basic working document
for the background information (financial and legal)
on the individuals.
c. Partnership Agreement - 2 copies where applicable.
d. Corporation Records - 2 copies where applicable.
e. Trade Names Certificates - 2 copies.
f. Certificate of Incorporation - 2 copies.
g. Articles of Incorporation - 2 copies.
h. By-laws - 2 copies.
i. Foreign Corporations - Certificate of Authority -
2 copies.
j.. Bond - 2 copies.
k. Lease - 2 copies.
1. Short autobiography on persons required to complete
Part II - 2 copies.
NOTE: The purpose of the autobiography is for the
investigator to determine the type of individual with
whom we are dealing and their background. We will
also match the autobiography against the. application
to make sure we can follow the person's background
continuously.
M. Financial statement on persons required to complete
Part II - 2 copies.
NOTE: Besides the Financial Statement, we would also
like their last filed IRS statement. The purpose for
this is to determine if there is money available to
run the establishment and, in fact, where that .money
came from, and is it consistent with information obtained
in the background check.
n. Certificate of Insurance - Liquor Liability.
o. The applicant should supply the department with a Statement
from the U. S. Courthouse indicating if there has been
any federal civil or criminal claim against either
the individual or the corporation.
p. List of all liquor licenses currently held.
12,7
0
•
Thomas L. Hedges
Page Three
After receiving this information, this department would act as
a central repository for all information and ask that the City
Finance Director, or his designee, research the financial state-
ments to ascertain if they are correct. We would also have the
City Attorney's office research the legal -aspects; i.e., Arti-
cles of Incorporation, etc., to determine if everything has
been filed legally. Based on information gathered from the
Finance Director, City Attorney and the application forms, this
department would then conduct background checks such as criminal
history and personal references. From the personal references
listed on their application, we would ask for other individuals
who may know the applicant and those are the people we would
"key" on for references.
To conduct a complete and, thorough background, it may be
appropriate to send a police officer to the area in which the
person resides or does business. It has been this department's
experience, as well as the experience of other agencies to whom
I have talked, that investigators receive a great deal of
• information in person vs phone or by mail as the individual
with whom they are talking does not know for sure who, in fact,
they are dealing with.
It is our feeling due to the expense of a more thorough investi-
gation, that some type of an investigative fee, possibly guaran-
teed by a surety bond, be required of the applicant prior to
any investigation. Time and travel expenses would be an unfair
burden for the city to incur and we feel should be somehow
billed back to the applicant.
We feel that with the above procedure we would have a much more
thorough investigation and the City Council would have more
information on which to -base their decisions as to the approval
or disapproval of an applicant.
I would like to note that this department currently has a
® request for a liquor license in which all substantiating docu-
mentation and references are from out of state. We would like
to suggest that we initiate as much of the above procedure as
possible for this application.
Patrick J. Geagan
PJG/vk
cc: Jay M. Berthe
Attach.: 1. Copy of Memo dated 28, July 1986 from David G. Keller
Re: Liquor License Applications & Investigations
2. Part I & Part II Burnsville On/Off Liquor Application
and Personal Information Application
/L9
HAUGE, EIDE & SELLER, P.A.
ATTORNEYS AT LAW
WATER VIEW OFFICE TOWER, SUITE 303
1200 YANKEE DOODLE ROAD
EAGAN. MINNESOTA 07123
PAUL H. HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN
MICHAEL J. MAYER
July 28, 1986
Captain Patrick Geagan
Eagan Police Department
3830 Pilot Knob Road
Eagan, MN 55122
RE: Liquor License Applications and Investigations
Dear Captain Geagan:
AREA CODE 012
TELEPHONE 400.9000
404-4224
You recently supplied this office with copies of liquor license application
forms and investigative material used in the cities of Bloomington and
Burnsville. In addition to this information, we were supplied with the liquor
license application information forms used by the City of Eagan. As you are
aware, we have not been heavily involved in such investigations in the past
but have attempted to review this information to determine whether the
increased information provided or required by other cities would be
appropriate or necessary to the City of Eagan as it continues to grow in
population and number of liquor licenses.
It appeared in general, that the information required in Burnsville was much
more complete and provided enough information to give the investigating person
or persons a good picture of the individuals and/or companies involved in a
liquor license application. Obviously, with the amount of crime and safety
problems associated with alcohol use, the City and the Police Department have
a definite interest in insuring that liquor sales operations are managed by
quality individuals or businesses. Our office would certainly support the
Police Department's opinion as to the information it needs in order to provide
adequate investigation.
It may be appropriate in certain circumstances for this office to review legal
documentation in regard to corporations and partnerships to insure the
validity of the establishments, the continuity of their existence and the
adequacy of their financing. Articles of Incorporation would provide
information as to the actual incorporators, the location of the corporation,
and the powers vested in the corporation by such Articles. By-laws would
provide similar information. A Partnership Agreement would indicate the
interest in each partner, the actual control of the business and the
likelihood of a continuation of such an association. Financial information in
regard to corporations and other business entities may be just as important
for those entities as they are for individual persons to insure that the
business is solvent, that it is set up for a long-term committment and that it
/Zy
•
Captain Patrick Geagan
July 28, 1986
Page 2
has the necessary financial backing to run a "clean" operation without having
to resort to unreasonable methods to increase its sales. A financial
statement will be very hepful in evaluating such a business entity as I
believe you have already discussed with the Finance Director. Other
documentation would also be helpful such as Certificate of Authority for
fore ip corporation, Certificate of Incorporation, Trade Name. Certificate,
Leasee, etc.
As part of a more thorough investigation, it is my understanding that the
• investigating officer or officers may required to do some traveling in
addition to long distance telephone calls, and other costly follow—up. We see
no reason that the liquor ordinance could not be revised to provide a more
extensive investigative fee possibly guaranteed by Surety Bond with the unused
Portion refundable to the applicant.
If we can be of further assistance, please feel free to contact this office.
DGK:ras
130
Sincerely yours,
HAUGE'EIDE 6�K[/E�L�LER, P.A.
David G.�Kel er
6
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: AUGUST 1, 1986
SUBJECT:
My one year term as Chairman of the Operating Committee and Vice
Chair of the Municipal Legislative Commission ended 'July 31, 1986
at the Board Meeting. The new Chairperson (always an elected
official) is Larry Donlin, Mayor of Minnetonka and the Vice Chair
is Jim Willis, City Manager of Plymouth. These terms run August
1 through July 31. At the Board of Directors' meeting the firm
of Messerli and Kramer was selected as the new Legislative
Lobbyist. As you recall, Bob Brenner left the firm of Larkin,
Hoffman, Daly & Lindgren and is now with Messerli and Kramer. •
Since Bob has a strong background in revenue and tax related
issues and provided the bulk of work during the past three years
while he was employed at Larkin, Hoffman, Daly & Lindgren, it was
determined that it would be in the best interest of the MLC to
continue with the services of Bob Brenner. Please see the
attached statement entitled MLC Consultant Selection on pages
13LI through 4�5 that I prepared for distribution to the Board
of Directors at the July 31 meeting at the request of Mayor
Morrison. The 1987 budget was adopted with the dues reduction.
The old dues structure was based on a $14,000 maximum per city
with a per capita assessment of $.30. The new budget requires a
$10,000 with a $.20 per capita and Eagan's assessment for 1987
will be $7,062. Based on -the 35,311 figure released by the Met
Council.
TOWN AREA MEETING
® The South Area Town Meeting is scheduled for Thursday, September
4 from 4:00 until 8:00 p.m. Tentatively the location is the
West St. Paul.Armory.
ATHLETIC SITE ACQUISITION
At the request of City Council the Director of Parks and
Recreation has prepared a memo and attachments on pages 1�L
through r addressing 15 parcels that have been reviewed and
given consideration .as sites for athletic field complexes. The
Director of Parks and Recreation is requesting authorization to
proceed with a 90 day option on Site 15 which would allow the
City a firm option.on that property and meanwhile explore some of
the other sites in more detail. The Director of Parks and
Recreation will be present on Tuesday evening to further review
the Athletic Site Acquisition issue.
EAGAN GREEN APARTMENTS
The City has learned from Mark Ulfers, Executive Director of the
Dakota County HRA that the owners of the Eagan Green Apartments
are planning to terminate their subsidy agreement with HUD. A
number of questions were raised in this office and Administrative
Secretary Finnegan contacted the owners for further information
referred to her memo enclosed on page.
CORRESPONDENCE/OAR CLIFF, RICHARD WINKLER
Enclosed on page — is a letter received from Dick Winkler,
President of Oak'Cliff Development Inc.
I-35 E CLIFF ROAD SIGNAGE
Enclosed on pageis further correspondence from MnDOT
regarding the City's oncern about signage for northbound I -35E
from westbound Cliff Road. City Councilmember Wachter has
expressed concerns about the existing signage and has observed on
® numerous occasions cars making U turn and other unsafe movements
due to their confusion regarding entrance to I -35E.
NLC CONFERENCE
The National League of Cities Conference is scheduled for
November 29 through December 3 in the City of San Antonio. If
any member of the City Council wishes to attend this year's
Conference, deadline for early registration is August 29. A
brochure that outlines the Conference schedule is available from
the City Administrator.
ACCESSORY HOUSING
The City Attorney's office is drafting an ordinance on accessory
housing which should be ready for consideration at one of the
• next two City Council meetings. 40
TRAFFIC CONTROL DEVICES
Enclosed on page is a copy of a memo regarding the
installation of miscellaneous traffic control devices for
handling detoured traffic due to the closing of Yankee Doodle
Road. Since the City Council might receive calls or questions
about the Yankee Doodle closure and required detours, this memo
is being made available for your review.
NORTHWEST ORIENT/REPUBLIC AIRLINES MERGER
Enclosed on page is a copy of a letter from the Assistant
Secretary for Policy and International Affairs, U.S. Department
of Transportation regarding the merger. According to the
newspaper this morning the merger has been approved.
/37-
CONPRI HOTEL ON -SALE LIQUOR LICENSE(S)
The Compri Hotel group has made application for an on -sale liquor
license which is currently being reviewed by the Police
Department. The City Clerk's office was directed to review the
various options that may be available to the City Council and
Compri Hotel group with the development that was recently
approved for a hotel and restaurant. The City Clerk's offic has
provided a memo which is enclosed on pagesthrough for
review of the various options that are availa le. One additional
option is combine the hotel and restaurant and "club" and
authorize one license for the facility,.
TAX FORFEITED LANDS
The City Council authorized the acquisition of two parcels that
had gone tax forfeited. These parcels were adjacent to each
other on Lots 1 and 2, Block 1, Overview Estates Replat and may
have been desirable for a fire station location. Unfortunately,
the lots were reclaimed by the owner and are no longer available
• •
to the City.
LIABILITY OF CITY COUNCIL MEMBERS
City Attorney Hauge copied this office an article entitled
"Liability of City Council Members" that he thought might be an
interest t the City Council. A copy is enclosed on pages 111D_through !.
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
It has been the intention of the City of Eagan to continue with
the CDBG Entitlement Program. Enclosed is a copy of a letter
from the HRA Executive Director indicating that Eagan wishes to
continue.in the Program. There is no action required at this
time. .Please refer to the letter enclosed on page 16Z.
/s/ Thomas L. Hedges
City Administrator
/33
MLC CONSULTANT SELECTION
BACKGROUND:
At the June 26 Operating Committee meeting, it was learned that Bob
Renner would be leaving the firm of Larkin, Hoffman, Daly &
Lindgren and joining the firm of Messerli & Kramer. Mr. Renner
informed the Operating Committee that he would like an opportunity
to submit a proposal to perform legislative consulting services
for the MLC.
After considerable discussion, it was determined by the Operating
Committee that .all consulting services would be reviewed during
the month of July and approved by the Board of Directors at the
July 31, 1986, meeting. It was also agreed that two (2) consulting
firms would be interviewed as stated in the following motion that
was approved by that committee: "Recommend to the Board of
Directors that the selection of consultants be limited to two (2)
firms - Larkin, Hoffman, Daly & Lindgren and Messerli & Kramer,
and further that both firms submit a proposal to represent the MLC
as sole consultant and that both firms submit a proposal to
represent the MLC jointly." Since the Board of Directors was not
scheduled to meet until July 31, each City Manager contacted his
or her City Council or Board of Director's representative to gain
concurrence with the motion adopted by the Operating Committee.
All cities indicated that they were in support of interviewing the
two, firms and Chairperson, Connie Morrison, directed the request
for proposals and that both firms be interviewed on July 28 by the
following persons: Connie Morrison, Chairperson and Mayor of
Burnsville; Tom Hedges, Vice -Chairperson and City Administrator of
Eagan; Larry Donlin, Mayor of Minnetonka; Jim Willis, City 'Manager
• of Plymouth; June Demos, 'Mayor of Roseville; and Jim Lacina, City
Administrator of Woodbury. All interview panel members, with the 40
exception of Larry Donlin who was unable to attend, were present
and interviewed both firms.
RECOMMENDATION:
The interview panel is unanimously recommending the firm of
Messerli & Kramer due to the extensive tax knowledge and background
Bob Renner has regarding all facets of intergovernmental revenue.
It was noted that 1987 will be an extremely important year regard-
ing tax legislation and that Mr. Renner is best equipped to deal
with the issues of the Municipal Legislative Commission. Messerli
& Kramer felt a joint proposal was not in the best interest of the
Municipal Legislative Commission and decided not to present a
joint proposal as a choice. Chairperson Morrison extended an
invitation for both firms to be represented at the Board of
Directors meeting; however, they would be invited to answer ques-
tions only and not make a formal presentation.
MLC CONSULTANT SELECTION
PAGE TWO
The recommendation of the interview panel is the firm of Messerli
& Kramer to be effective August 1, 1986., The original contract
with Larkin, Hoffman, Daly & Lindgren is through December 31,
1986; however, with the amount of preparation required by the
lobbyist for the legislative session, it was determined that the
new contract should begin August 1, 1986. It is also recommended
by the Committee that the firm of D. J. Leary be retained for
services rendered in 1987.
There was a deep appreciation for an excellent job performed by
Rich Forschler and the entire panel echoed a disappointment that
the MLC has found itself in the position to have to choose between
Bob Renner and Rich Forschler given the talent and the ability of
S both individuals. •
u
•
MEMO TO: THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS
TOM HEDGES, CITY ADMINISTRATOR
FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION
DATE: JULY 22, 1986
RE: ATHLETIC SITE ACQUISITION
The Council has asked that Staff provide a listing and summation for the land
parcels that have been reviewed as future athletic sites and a rationale
• concerning each parcel. Attached is a graphic locating each of the fifteen
(15) parcels which have been reviewed. •
Parcel 111
The property is owned by Robert O'Neil, and has a relatively flat spot in the
vicinity of the current farm buildings. A number of possibilities and
alternatives were considered within this area, but the Advisory Commission
determined that cost for acquisition for such a parcel would be excessive.
Parcel 112
Owned by Opus Corporation and directly adjacent to 35E and the U.S. Postal
Bulk Mail Center. The parcel is an elongated twenty (20) acres. Access is
difficult, and a storm water ponding area makes it a difficult parcel to plan
® for. A site plan was developed, including four (4) soccer facilities, which •
the Commission rejected, due to poor facility and site access, poor
circulation plan, and impact of the storm sewer pond.,
Parcel 113
This is a part"of Blackhawk Park .PUD. Acquisition cost was estimated at
$20,000 per acre. A sketch plan was developed, but because of topographic
contours the sketch plan did not proceed beyond preliminary reviewal.
Extensive amountsrof tree cutting would be required, as well as grading.
136
Pareel 04
This eight (8+) plus acre parcel, with it's steep ravine off of Pilot Knob
Road, can accommodate only two softball facilities. Deep slopes and drainage
patterns to the east require extensive grading, although the acquisition costs
would be acceptable. This parcel might be better suited for other park use.
Parcel #5
North of County Road #30 and east of 35E, this site has been disturbed as a
result of being used as a temporary construction site, and cement mixing area
for 35E. The front portion of the site is relatively flat, the northern
section hilly and densly forested.
Dale Runkle was able to inquire regarding the price of this parcel, and it was
indicated that the area fronting County Road #30 would be approximately
• $35,000 an acre, and the back of the parcel was negotiable in the range of
$25,000 an acre. Staff did not pursue this any further, as both the price and
the back half topography indicated it was not useful for athletic activities.
Parcel #6
This is also the site of the Deerwood Elementary School. As part of our
neighborhood parks review, the Commission and Staff also reviewed the area as
a possible athletic site, which could be developed in conjunction with the
elementary school, or separately. Difficult topography for an athletic site,
and the study did not proceed any futher than an initial review.
Pareel 07
• Located in the southwest corner of the City,
perhaps the most rugged parcels, in terms
preliminary review and decided not to proceed,
a site topographically.
Parcel #8
east of 35E, this parcel is
of topography. Staff did a
because it was too difficult of
This is one of the original parcels envisioned for the athletic site. Fairway
Hills plat, of course, has proceeded in advance of the City's acquisition.
The City still has plans to proceed with the acquisition of fifteen (15) acres
for a neighborhood/soccer complex.
/37
•
•
Parcel 09
This is one of the original parcels reviewed by the Advisory Commission and
City Council. This parcel is forty-three (43) acres in size, but nets out to
approximately thirty-two (32) acres, after removal for the ponding.
Acquisition price was approximately $485,000. A detailed site planning was
prepared. Development costs were considered "high", as a result of grading.
Due to grading there would be a steep slope in excess of 15%, from the pond to
the main athletic area. Advisory Commission also asked Staff to review this
parcel in conjunction with use of the parcel immediately to the south, which
was marketed by Cedric Kirchner (20 acres). This provided some additional
options for park layout. This might have been acceptable if partial
acquisition of the south half of the Peterson parcel were also possible. At
this time, both parcels have been optioned for purchase to other property
owners, with preliminary planning proceeding. Therefore, unless these
development plans do not proceed, this site option is now mute.
40 Parcel 1110 •
This eighty (80) acre parcel is immediately east of the proposed High School
site, by District 11196. Staff and Commission did do a concept plan for this
site, but due to a steep ravine at the north end of the parcel, and difficult
access off of County Road 1130, there would be a need for extensive grading
and/or a great deal of wasted acreage as a. result of separating the athletic
facilities. The Advisory Commission rejected this parcel, and it has since
been purchased by Mark Parranto, and is being proposed for residential use.
Parcel 1111
This parcel was looked at by Staff many months ago. The parcel is being
marketed at $25,000 per acre, (plus assessments) for that area which has
multiple zoning. Planning did. not proceed beyond inquiring based on acreage
• costs,, and a cursory review of topographic features.
Parcel 1112
This parcel is located in the east edge of the City, north of County Road 1130.
Review of this site did not proceed beyond an investigation of the City's
Storm Sewer Plan, which envisions a major ponding area here. After removal
for this ponding area, the residual land parcel did not provide sufficient
area for the siting of facilities, and the Staff dropped this site from any
further consideration.
13 1?
Parcel #13
This consisted of two parcels; both are south of Westcott Road. Staff review
of the parcel east of Dodd Road actually extended into Inver Grove Heights.
Study included the piecing together of a topographic map, and the layout of
facilities. A ponding area, an existing farm house, and a steep topographic
incline from north to south, made a study of the facilities difficult. Only
after adding the adjacent parcel in Inver Grove Heights, was the parcel more
workable. However, even after adding the Inver Grove Heights parcel, Staff
concluded that the site was not suitable, unless extensive grading were
undertaken. Facility orientation was considered secondary. The parcel on the
west of Dodd Road is relatively flat as it abutts Westcott Road. It steepens
with a ridge line and drops off further to the south. This site could
accommodate facilities relatively close to Westcott Road, but moderate
grading and clearing would be required as the site proceeds to the south. The
Comp Guide Plan indicated R-2 land usage. This site may be the next best
alternative to Parcel 15. Further review would be required.
Parcel #14 •
This is the area immediately to the west of Northview Athletic Fields. Staff
reviewed the entire forty (40) acre parcel, but determined that only fifteen
(15) acres were really suitable for athletic site development. This is the
acreage immediately west of Northview. Commission and Council have agreed
that acquisition of ten (10) acres, with the development of three ball fields
would be suitable.
Parcel 15
This consists of two parcels, one of forty-three (43) acres and the other
twenty-two (22) acres owned by Ed Dunn. The Commission looked at the entire
sixty-five (65) acres as one unit. It was determined that the Ed Dunn parcel,
which is immediately south of Cliff Road, was a difficult parcel to work with,
because of an exception to the parcel (which is the site of a farm house),
• and a large ponding area. These two constraints made this part of the parcel •
difficult to bring in fully dimensioned facilities. The southerly half, or
the Barr parcel was viewed as a future athletic site. The topography of this
parcel is somewhat difficult. However, due to it's predominant bowl shape to
the parcel, grading and development costs are seen as significantly less than
that of the Peterson parcel. Major concern to the Advisory Commission has
been access to the parcel, and it's distance from the major portion of the
community. It is recognized that being an athletic site, most of the use
would require vehicles, and therefore, it's location was not seen as a
critical element in the reviewal process.
/3�
This was intended to be a brief synopsis of each of the parcels that Staff and
Commission have reviewed. If the Council members would like any additional
information regarding the specifics of a particular parcel, Staff would be
happy to provide that information. Further, Staff would be willing to review
any other parcels that the Council feels might be suitable candidate site(s)
for athletic usage. If the Council wishes to proceed with an intensive
reviewal of alternative site(s), Staff would ask, however, to be authorized to
negotiate with the Barr family a purchase option. The purchase option would
allow the City another 60 to 90 days to review any other candiate sites
proposed, without the fear of loosing this parcel to developers, etc. The
City has already seen the effects of growth in the community with several
parcels, which were under consideration as possible sites, and then acquired
by other developers, i.e., the Peterson parcel, and the parcel east of the
highschool site, etc.
I will be present at your City Council meeting to respond to any inquiries
that you might have regarding the parcels.
E
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•
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•
STAFF REVIEWED
PARCELS
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Zoning Map — City of Eagan Zoning Map Indexing
L
I
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: ADMINISTRATIVE SECRETARY FINNEGAN
DATE: JULY 31, 1986
SUBJECT: EAGAN GREEN APARTMENTS
On July 30 a call was received from Mark Ulfers of Dakota County
HRA informing the City that .the owners of the Eagan Green Apart-
ments would be terminating their rent subsidy agreement with HUD.
The agreement expires September 30 and will ,not be renewed by the
owners. This applies only to the Section 8 subsidy. The 236
subsidy will remain available to the tenants. Simply put, the
apartment complex would no longer be rent subsidized but rent
subsidies could be applied for and received on a case by case,
individual basis.
Mr. Ulfers reported there are approximately 90 to 100 tenants at
• the Eagan Green Apartments who are currently receiving subsidies.
Some of these tenants are elderly and some are handicapped. The
HRA has been deluged with phone calls from tenants attempting to
finding housing in the area. The HRA is attempting to assist
these tenants by working .with HUD and have requested that the
termination of the subsidy be postponed until October 31, 1986.
They have not received any word on this postponement. The HRA is
also looking to the utilization of the Section 8 certificate and
scattered -site programs.
At your request I obtained the owner's name from the management
company that oversees the apartments. Penny (454-5667) from the
management company told me that Eagan Green is owned by Tonka Way
Partnership and suggested I talk to Mr. Timisch (874-9672) for any
questions we might have regarding this issue.
®On July 31 I called Mr. Timisch and asked him why the partnership •
was terminating the rent subsidy agreement and what they had in
mind for the future of the complex. He avoided answering the
first question and said that they weren't certain how many of the
tenants would be leaving, therefore, it would be difficult to say
what they would do in the future. He assumed that some tenants
would stay under the 236 program and the other apartments would be
rented at the market rate. ,I then asked if they intended to turn
these apartments into condominiums. Mr. Timisch was evasive on
this point but did say that even though the Section 8 program had
been allowed to expire, the property is still regulated by HUD.
I then repeated my question about the Partnership's decision to
terminate the Section 8 agreement with HUD. Mr. Timisch hesitantly
replied that "unforeseen difficulty with HUD" prompted their deci-
sion. He felt that HUD was very difficult to work with and that
decisions they made were often times arbitrary and inconsistent.
He did not elaborate. No further information was offered.
Administrative Secretary �z,
.,eiOif -W-AC` m"a JRQ 14801 GLAZIER AVENUE. APPLE VALLEY. MN 55124 •'16121432-7101
City of Eagan
Mayor and City Council
I attended the public hearing July 29, 1986 at City Hall regarding a
preliminary plat and rezoning request from Wispering Woods Third Addition. My
development, Oak Cliff, borders this property on the south side. As you know,
the Fourth Addition of Oak Cliff was approved this spring and is currently
under construction. The First Additions are developed and the four custom
builders have built many nice homes ranging in value from $140,000 to
$200,000.
At the public hearing, the developer of Wispering Woods reported they intend
to build housing in the $90,000 range. They do not intend, to have protective
covenants, and they are requesting most every variance there is.
Oak Cliff was designed as an upper value area because of the woods and
beautiful setting. The buyers have even surprised us by wanting and buying
bigger and more valuable homes.
Oak Cliff saves trees by having bigger lots and does not need variances which
make a development look smaller. Oak Cliff has protective covenants that
protect the home owner and sets forth minimum house sizes and limits the
exterior lot area uses. Every owner knows what to expect.
• Not only are the residents living in Oak Cliff upset, my custom home builders
are asking how they can sell housing in the $150,000 to $200,000 range with a
low value project next to us.
I feel my Fourth Addition to Oak Cliff (35 lots) under construction is in
danger of not being able to maintain its housing values.
Sincerely,
OAK CLIFF DEVELOPMENT INC.
Richard W. Winkler
President
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�,\NNE�T4
Minnesota
20
a Department of Transportation
District 9
OFTaP`'yc° 3485 Hadley Avenue North, Box 9050
North St. Paul, Minnesota 55109
Telephone,
July 28, 1986
779-1178
Mr. Thomas A. Colbert, P.E.
Director of Public Works
3830 Pilot Knob Road
P.O. Box 21199
Eagan, Minnesota, 55121
• Dear Mr. Colbert: •
SUBJECT: S.P. 1980 Q -35E) at Cliff Road
I have received your July 22,1986 letter expressing I concerns about signing
for northbound 1-35E from westbound Cliff Road. You indicated the signing
was causing confusion and some motorists were turning too soon (at Blackhawk
Road).
We also had noticed this problem and recently relocated two signs to
solve this problem. The I -35E directional sign originally located'just
west of the Blackhawk Road intersection was moved approximately 100 feet
further west. This was as far as it could be moved without interfering
with the sidewalk. The Right Turn Lane sign for the entrance ramp was
also moved west about 100 feet.
® We expect these changes will correct this problem. Please let me know •
if any concerns remain.
Sincerely.,
Kermit K. McRae, P.E.
District Engineer
/N
An Equal Opportunity Employer
•
•
MEMO TO: ARNIE ERHART, SUPT OF STREETS/EQUIPMENT
FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS
DATE: JULY 29, 1986
SUBJECT: INSTALLATION OF MISCELLANEOUS TRAFFIC CONTROL
PROJECT 427 & 461 (YANKEE DOODLE ROAD - RD CLOSURES)
I have been informed by the Dakota County Tia'ffic Engineer that
effective July 30, Yankee Doodle Road from T.H. 13 to Coachman
Road will be closed to through traffic. On August 11, Yankee
Doodle Road from Denmark Avenue to Lexington Avenue will also be
closed to through traffic. As a result of these road closures,
additional traffic will be detoured onto adjacent local streets
creating the need for additional traffic control and
restrictions. The following is a list of sign installations and
striping that should be installed as soon as possible.
1. Blue Cross at Blackhawk Road
Install "Right Turn Only - Left Turn Only" signs and
striping as indicated by the attached diagram.
2. Silver Bell Road from Blackhawk Road to T.H. 13
Please post "No Parking This Side" or "No Parking Anytime"
on both sides.
3.
Denmark
Avenue from
Yankee Doodle Road
to Duckwood Drive
Install
"No.Parking
Anytime/This
Side"
on both sides.
4.
Duckwood
Drive from
Denmark Avenue to
Pilot Knob Road
Install
"No Parking
Anytime/This
Side"
signs on both sides.
5.
Duckwood
Drive from
Denmark Avenue to
Pilot Knob Road
Install
"No Parking'Anytime/This
Side"
on both sides.
6.
Krestwood from Duckwood Drive to
Crestridge
Lane
Install
"No Parking
Anytime/This
Side"
on both sides.
7.
Ashbury
Road from Birchpond Road
to Blackhawk
Hills Drive
Install
"No Parking
Anytime/This,Side"
signs on both sides.
In addition, we will have to continue to monitor Town Centre
Drive from Denmark Avenue to Lexington Avenue to determine if
additional "No Parking" signs may be required. Therefore, you
may want to order additional signs to have on hand for quick
installation if it becomes necessary.
•
ARNIE ERHART
JULY 29, 1986
I would appreciate it if you could make arrangements to have
these signs installed as soon as possible in anticipation of the
Yankee Doodle Road closure as scheduled.' Several of these
requests are also justified by past accidentreports and the
anticipated opening of the Town Centre community shopping center
on August 1.
rl-?L LO
Dixrector of Public Works
TAC/ jj
® cc: Jay Berthe, Chief of Police
Rich Hefti, Assistant City Engineer
,Tom Hedges, City Administrator
40
U.S. Department of
Transportation
Office of the Secretary
of Transportation
Assistant Secretary
400 Seventh St., S.W.
Washington, D.C. 20590
The Honorable Bea Blomquist
Mayor, City, of Eagan
3830 Pilot Knob Road
P.O. Box 21199
Eagan, Minnesota 55212
Dear Mayor Blomquist:
Thank you for your letter in which you express the support of the
• Eagan City Council for the proposed acquisition of Republic •
Airlines by NWA, Inc.
Because of the significant competitive and public interest issues
involved in this case, the Department instituted a formal
evidentiary hearing before an Administrative Law Judge. These
hearings were completed on May 7. On June 27, the Administrative
Law Judge issued his recommended decision which found that the
proposed acquisition should be approved conditioned upon the
application of Allegheny -Mohawk labor protective provisions, we
expect to issue a final decision on the application by July 31.
As this case must be decided based on the record developed before
the Administrative Law Judge, I am sure you will understand that I
cannot comment further on its merits at this time. However, a
copy of your letter and this response will be filed in the public
® docket that has been opened in this proceeding.
I hope this information is helpful.
1�7
Policy
'airs
TO: CITY CLERK VAN OVERBEKE
FROM: ADMINISTRATIVE ASSISTANT WITT
DATE: JULY 24, 1986
SUBJ: ON -SALE LIQUOR LICENSE(S) - COMPRI HOTEL
Staff has reviewed three options for granting on -sale liquor license(s)
to the developers of the Compri Hotel. They are interested in on -sale
liquor being available at both the hotel and a free standing restaurant
to be constructed later. The options, with applicable city code sections,
are as follows:
tion 1 - Two facilities for one licensee
5.05 No person shall be granted beer, liquor or wine licenses at
more than one location.
® 5.07 A license shall be valid only in the contiguous structure on
the premises described in the license. All transactions re-
lating to a sale under such license must take place within
such a structure.
Option 2 - Two facilities - Two licenses
5.01 ..."Hotel/motel" has a resident manager;... serves full menu meals;
(18) ... has 25 guest rooms; ... has a lobby, registration office and
service staff;... has a dining room for 40 guests at one seating;...
where the general public is served meals;... where 60% of the
facility's income comes from food and lodging;... and has an appraised
value of $200,000 for the part of the building serving liquor.
5.01 ..."Restaurant" (other than hotel/motel)... with one manager;....
(23) serving full menu meals to the general public;... with 60% sales
coming from food;...'with seating for 30 guests at any one time.
5.52 No more than one license shall be held by any person.
subd.9
Option 3 - Club license (hotel) and on -sale license (restaurant)
5.01 "Club" means a corporation for ..: business purposes, having
(15) more than 50 members .... having been in a suitable building
for more than one year... No one is paid compensation by way
of profit from sale of beverages beyond•a reasonable salary..
Such club must be incorporated and in existence for at least
three years.
5.01 "Fraternal club" serves members and their guests. Profits
(16) are for the community and not for any individual.
5.52 On sale licenses are granted to hotel,motel,restaurant and
subd.10 fraternal clubs.
5.02 The Council may, in its sole discretion and for any reasonable
subd. 4 cause, refuse to grant an'y/dapplication.
�r0
DISCUSSION:
Option 1 - Two facilities, one owner
The City Code clearly indicates this is not a viable option. A licensee
cannot have a license at more than one location. The license is for a
particular structure at a location described in.the license.
2 - Two facilities - two licenses
Existing code says there is to be one license per applicant. Therefore,
the two facilities mustb6wned by separate licensees. There can be no
commonly held financial interest over15% between the two licensees.
Tne issue was raised regard a restriction of one license per Planned Unit
Development. The minutes of March 6, 1979 (attached) indicate that one
on -sale license was a condition for approving the Vogepohl application.
The area affected was the Bicentennial Planned Unit Development. There
is no evidence that such a restriction applies to all commercial PUDs. •
Option 3'- One on -sale club and on on -sale liquor license
This does not appear to be a viable option. The code 'states that on -sale
licenses may be granted to fraternal clubs and the hotel does not fit that
definition. Even if the code were amended to "club", the hotel would not
meet the test of being in the building for more than one year. Further,
the two licenses could not be held by the same owner.
IBLE COURSES OF ACTION:
1. The City Council can refuse .to grant any on -sale license.
2. The City Council can grant an on -sale license to the Compri Hotel
with the proviso that a second on -sale license will be available
n:. for the free standing restaurant only if it is wholly owned by
another party.
40 3. If there is to be one owner of both facilities and their preference
is for on -sale liquor at the hotel, The City Council can grant the
liquor license for the hotel and a wine/beer license for the restuarant.
•
52
Liability of City
111111111111k Council Members
What 42 U.S.C. § 1983 Says
John D. Maddox and
Eric H. Zagrans
Council members have an oppor-
tunity to serve the citizens in
their communities. Along with
public office, however, comes
amenability to lawsuits under 42
U.S.C. ys 1983. The authors dis.
cuss how public otYcials can be
sued under § 1983 and show
how they can increase their ef-
fectiveness while decreasing
their potential for civil or crimi.
nal liability.
Council members hold an of-
fice in which the, opportunity
to serve citizens is almost as
vast as the legal entanglements to
which they are subject. Entangle.
ments include potential ckil liability
as well as ethical and criminal stric-
tures that do not apply to private
citizens. If, however, council mem-
bers seek 10 understand the legal
ramifications of their position and
conduct, they can maximize their ef-
fectiveness while minimizing their
potential civil or criminal liability.
Under federal law, the primary.ve-
hicle for potential civil liability is a civ-
il rights suit under 42 U.S.C. § 1983,
John D. Maddox, formerlvDirector
of Law, Cleveland, Ohio, is a part-
ner in the firm ojArier & Hadden
in Cleveland.
Eric H. Zagrans, formerh Assis-
ram Professor of Low, Case Rest -
ern Reserve University Law School,
is associated with Arler & Hadden.
This article is adapted from a
speech Mr. Maddox gave to semi-
nars for newt v elected council mem-
bers in the Cleveland and Colum-
bus. Ohio, areas.
which states, "Every person
who ... subjects ... any citizen of
the United States ... to the depriva-
tion of any rights, privileges, or im-
munities secured by the Constitution
and laws, shall be liable to the party
injured ... .
There are two ways a local public
official can be sued under § 1983 now
that cities are deemed to be "persons"
within the meaning of the statute.' A
§ 1983 suit can be brought against a
public official in his official capacity
or it can be broughtagainst him in his
individual capacity.
Official Capacity
If local officials are sued in their
"official" or "representative" capac-
ities, the suits are construed to be
against the city itself. Liability falls on
the governmental entity that the offi-
cial represents.'
Since cities are not entitled to a
qualified immunity from damages ha-
bilit in § 1983 actions and may not
share in any qualified immunities to
which their officials might be en-
titled,' public officials who are sued
in their "official" capacities are also
not entitled to rely on any qualified
immunity because the suit against
them is the,same as a suit against the
governmental entity they represent.'
Similarly, because municipalities
are immune from punitive damages,`
public officials sued in their "official"
capacities are likewise immune from
punitive damages, even though these
damages are otherwise available in
§ 1983 actions.'
Individual Capacity
A public official who acts under
color of law to deprive a person of
constitutional rights is potentially lia-
ble under § 1983 for damages and in-
junctive relief, and under 42 U.S.C.
§ 1988 for attorneys' fees. The courts
have developed two immunity doc
trines that apply to local officials lik:
city council members.
Although the Supreme Court it
Lake Country Estates, Inc. v. Taho,
Regional Planning Agen(rO explicit
l), reserved the question of whether to
cal legislators are immune fron
§ 1983 suits when acting inIsla
tive capacity, every federa,al:
court that has addressed the questiot
has extended the holding in Lak,
Counrrl, Estates to provide absolutt
immunities to local legislators actin
in a legislative capacity. As the Cour;
of Appeals for the Ninth Circuit said.
"Members of local legislative bodies
have complete immunity from suit
based on their legislative acts."`
City council members, who are ab-
solutely immune from suit when the%
undertake legislative acts, receive les,
protection when they perform non-
legislative acts. They enjoy merely e.
qualified rather than absolute immu
nit- from damages liability."
Their qualified immunit M ache,
for actions taken in good i:ith-
in the scope of their authority. The
qualified immunity from monetan
damages does not preclude injunctive
or declaratory relief and, thus, potem
tially lawyers' fees." The test for
qualified, good -faith immunity frorr.
§ 1983 damage liability is an objective
standard based on reasonable belie!
that the actions of the official were
lawful. If, on the other hand, the offi-
cial knew, or reasonably should hay[
known, that the actions taken would
violate the constitutional or statuto
ry rights of another, the official is no:,
entitled to immunity from damages,
Whether local legislators act in
legislative or nonlegislative capacity i•
thus crucial to determining the scope
of immunity. For some courts, an ac-,
that applies to the community gener.
ally is a legislative action, while con
duct directed at one or more indi.
TRIAD.. Jul,
victuals is an executive one." Other
courts have taken a more limited
view, requiring a vote for legislative
action."
The focus should be on the nature
of the council member's action rath-
er than on simple tests like which in-
stitution acted or whether a vote was
taken or who was affected. As the Su-
preme Court has explained, "Whether
actions ... are, in lawand fact, an
exercise of legislative power depends
not on their form but upon 'whether
they contain matter which is proper-
ly to be regarded as legislative in its
character and effect.""'
Therefore, in determining whether
a council member would be absolute-
ly or qualifiedly immune from : 1983
liability, the courts must inquire
whether the member was acting as a
legislator. Sometimes this is a difficult
distinction to make.
A Burbank, California, council-
man repeatedly blocked a rock con-
cert promoter from getting city
contracts to hold concerts. A jury
found that the councilman had acted
in bad faith in violating the promot-
er's first-amendment rights and was
liable to the promoter for compensa-
tory and punitive damages and law-
vers' fees. The Court of Appeals for
the Ninth Circuit affirmed the dam-
ages award because it held that the
councilman had acted in his executive,
rather than his legislative, capacity in
voting to disapprove each of the pro-
posed concerts. The court concluded
that the Burbank city council was sim-
ply monitoring and administering the
municipal contract by voting on pro-
posed concerts and that such adminis-
tration is an executive function
because it is the type of ad hoc deci-
sionmakine typically engaged in by an
executive rather than the formulation
of policy "as a defined and binding
rule of conduct.""
In Greenville County, South Caro-
lina, a council committee considering
a real estate developer's rezoning pro-
posal ordered the building and plan-
ning commission to "freeze" the
processing of all building permits for
the area in question; naturally, the de-
veloper's was the only one pending.
Testimony subsequently established
that this was the only time the plan-
ning commission had ever been in-
structed not 'to process a valid
building permit. The developer
brought suit against the individual
54
council members under § 1983 for
violation of founeenth-amendment
rights. The Court of Appeals for the
Fourth Circuit concluded that the
council members had assumed non-
legislative roles in dealing with the de-
veloper's permit application and that
absolute legislative immunity, there-
fore, did not extend to them."
In another rezoning case, again in-
volving the county council of Green-
ville County, South Carolina, the
council rezoned an area of land to
prohibit multifamily dwellings against
the recommendations of its staff, thus
diminishing the value of plaintiff's
The focus should
be on the nature
of the council
member's action
rather than on simple
tests like which
institution acted or
whether a vote
was taken or who
was affected.
land from $15,000 an acre to 52,000
an acre. The Court of Appeals for the
Fourth Circuit held that defendant
council members were absolutely' im-
mune because they were acting With-
in their legislative capacity. The court
concluded that -the possibility that the
legislators may have been "political -
Iv motivated" cannot take away from
the legislative character of the
process that the plaintiff complained
about."
Good -Faith Guidelines
In general, the guidelines are -
9 When council members dis-
charge their legislative responsibilities
in good faith, they maximize their de-
fenses and minimize their potential
liability.
e When they discharge their offi-
cial nonlegislative responsibilities in
good faith, they still have defenses,
but only a qualified immunity under
federal law,
e When they stray into the official
responsibilities conferred by charter,
statute, or ordinance on other govern-
ment officials, they minimize their
defenses, maximize their potential lia-
bility, and may well give up their
representation and indemnification
rights. i
Notes
42 U.S.C. 9 1983(1976).
r See xtonell v. Department of Social Ser
vices. 98 S. Ct. 2018 (1978).
' Brandon v. Holt, 105 S. Ct. 873 (1985).
Owen v. City of Independence, 100 S. Ct.
1398 (1980).
' Brandon, 105 S. Ct. 873, 878.
' Cip of Newpon v. Fan Concerts. Inc.. 101
S. Ci. 2748 (1981)
' See Smith c. wade, 103 S. Ct. 1625. 1640
(1983): Care% c. Piphus. 98 S. Ct. 1042.
1049 (1978).
' 99 S. C1. 1171, 1178-79 n 26 (19•
' Kuzinich v. County of Santa Clara, 689
F.2d 1344, 1349 (9th Gr. 1982). See also
Cinnision Corp. v. City of Burbank. 745
F,'d 560.577-80 (91h Cir. 1984); Aitchison
s. Rarfiani. 708 F.2d 96, 9899 Ord CIT
1983): Rad v. Village of Shorewood. 7W
F.2d 943. 952.53 (7th Cir. 1983): Espanola
Way Corp. v. Meyerson, 690 F.2d 827, 829
(11th Cir. 19821; Hernandez v. City of
Lafarntn 643 F.2d 1188, 1198 (51h Cir.
1981); Bruce v. Riddle, 631 F.2d 272. 279
(4th Cu. 1980).
1° Kuzinich, 6891F.2d 1345, 1350.
Wallace v. King, 626 F.2d 457 (4th Cir.
1980).
" See, e.g., Rogin v. Bensalem Township. 616
F.2d 680, 693 & n.60 (3rd Cir. 1980); %isr-
v c. MagnzreW. 542 F. Supp. 1331, 1332-33
(N.D.N.) . 1982); ThrecRivers Cablevision.
Inc. v. City of Pittsburg, 502F. SAM 1118;
1136 (W.D. Pa. 1980). see 0 E2 v.
Hoover, 539 F, Supp. 532, 534 (E.D. Pa.
1982) (employment decisions we'essenfiatly
adminmronve in nature-) lemphasis in
original).
" Espanola I4'a5 Corp., 690 F.2d 827, 829-30:
Hernandez, 643 F.2d 1188.
INS v. Chadha, 103 S. Ct. 2764 (1983).
" Cinevision Corp., 745 F.2d 560, 580 quo/-
ing Yakus v. United States. 64 S. Ct. 66('
(1944).
" Scott v. Granville County, 716 F.2d 1409-
1422-23 (41 It Gr. 1983).
" Bruce. 631 F.2d 272, 279-80.
Gia zanski
Is a disaRofree-lance
Nlustrator working in
New York City.
President's Committee on
Employment of the Handicapped.
Washington. D.C. 20210
TRIAL. !up' r
DAKOTA COUNT'
e.
o ,n H R A
-_-
MiN
Serving People and Communities
July 14, 1986
Thomas Hedges,
Eagan City Hall
3830 Pilot Knob
Eagan, MN 55122
Dear Tom:
City Administrator
Road
J U L 15 5 DAKOTA COUNTY
HOUSING &
REDEVELOPMENT
AUTHORITY
2496- 145th STREET WEST
ROSEMOUNT, MINNESOTA 55068
612-423-4800
Sakota County is currently completing the recertification process for the Entitlement
Community Development Block Grant (COBG) program. Dakota County first qualified as an
Urban County in 1983 and the recertification process occurs every three years.
The County's current Cooperation Agreement with the City of Eagan will continue to remain
in effect through the next three year program (Fiscal Years 1987 - 1989), unless you elect
not to participate in the Dakota County Entitlement CDBG program by excluding the popula
tion of the City of Eagan from the total county population count for determining eligibi -
lity of future Entitlement CDBG funding. If you do elect to exclude your population from
the total county population count, this exclusion would be in effect for the entire
upcoming three fiscal years. If the City of Eagan does exclude their population from the
county total, they will not be eligible to participate in the CDBG Entitlement program
during this three year period.
Your unit of local government must notify both Dakota County and the HUD Area Office no
later than September 1, 1986, if you wish to exclude your community's population from the
unty's total. If you do not contact them by September 1, the Cooperation Agreement w
'
knti.nue to be in effect for another three year period. Therefore, if you would like to�
continue in the Dakota County CDBG program, please disregard this notice; you do not need
to take any action to continue participating in the program.
During 1984, 1985 and'1986, Dakota County received approximately 3.6 million CDBG dollars
to perform Community Development activites. Many worth while projects have been funded
that benefit Dakota County communities and their residents. We looking forward to working
with all of the communities on future projects.
Please contact me with any questions regarding this process.
F:Yfe
ncceeres
Executive Director
MSU: sr
115y
ADMINISTRATIVE AGENDA
REGULAR CITY COUNCIL MEETING.
EAGAN, MINNESOTA
AUGUST 5, 1986
CITY ATTORNEY
Item 1. Lembke Trucking Company vs. City of Eagan
CITY ADMINISTRATOR
Item 1. Multifamily Revenue
Apartment Project
Item 2. Joint Resolution
Corridor
DIRECTOR OF PUBLIC WORKS
Bond Amendment for Royal Oak Circle
Concerning Eagan - Mendota Heights
Item
1.
Approve Grading Permit EX25-116 (Fawn Ridge 2nd Addition)
Item
2.
Approve Joint Powers Agreement with Apple Valley ('Sanitary
Sewer Service)
Item
3.
Vacate Drainage and Utility Easement, Receive Petition/
Order Public Hearing (Lot 3, Block 1, Eagandale Center
Industrial Park
Item
4.
Review Truck Restriction, Wescott Road
Item
5.
Project 479 (Lexington/Northview Park Trunk .Storm Sewer.)
Define Extent of Report Preparation
Item
6.
Authorize Replacement of Vehicle #127 (Road Grader)
Item
7.
Approve Resolution, Project 460 (Nicols Road)
/5,3
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: AUGUST 4, 1986
SUBJECT: ADMINISTRATIVE AGENDA
CITY ATTORNEY
Item 1. Lembke Trucking Company v. City of Eagan --Enclosed on
pages through 160 is.a legal summary on Lembke Trucking
Company v. City of Eagan. The City Attorney's office is suggesting
a settlement which is outlined in the memo. City Attorney Hauge
will provide some background on this item.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a
settlement with Lembke Trucking Company v. City of Eagan case.
CITY ADMINISTRATOR
Item 1. Multifamily Revenue Bond Amendment for Royal Oak Circle
Apartment Project --The developer of the Royal Oak Circle Apartment
Project, Asp Construction Company, is requesting an amendment to
construct their multifamily rental unit project in two (2) phases.
The first phase would include 231 apartment units to be financed
with the bonds previously approved and Phase Two would include 66
units to be financed with a conventional loan. Since the original
297 multifamily rental unit approval included 60 units that would be
set aside specifically for occupancy by low and moderate income
families, those 60 units will be included in Phase One. The
amendment to the multifamily revenue bond proceeding reduces the
number of rental units to 231 and does not alter the amount of the
bond issue. Enclosed on page is a letter from the developer's
attorney outlining the request.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an
amendment to the Royal Oak Circle Apartment multifamily revenue bond
project to reduce the number of units to 231 to be financed with the
bonds as previously approved by the City.
Item 2. Joint Resolution Concerning Eagan - Mendota Heights
Corridor --Enclosed on pages /67, through /65 is a memo from
Administrative Assistant Hohenstein and a copy of the joint
resolution that requires parallel runway operations consistent with
the Eagan - Mendota Heights corridor. A draft copy of this
resolution was presented to the City Council, however, action was
continued allowing the. City of Mendota Heights to review the
resolution and make any revisions. The attachment as referenced
provides a final draft of the resolution and comments on the
specific changes made by the City of Mendota Heights.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the joint
resolution as presented.
16v-
DIRECTOR OF PUBLIC WORKS
Item 1. Approve Grading Permit'EX25-116 (Fawn Ridge 2nd) --We have
received an application for a grading permit which conforms to the
approved preliminary plat for the Fawn Ridge 2nd Addition. All
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 grading permit
#EX25-116, Fawn Ridge 2nd Addition.
Item 2. Approve Joint Powers Agreement with Apple Valley (,Sanitary
Sewer Service) --We have received a request from the City of Apple
Valley to enter into a joint powers agreement necessary to provide
their city with sanitary sewer service to approximately 117 acres
proposed to be developed as single-family residential located
between Cedar Avenue freeway and Galaxie Avenue just south of the
Safari Reservoir. Due to topographic restrictions, Apple Valley
cannot provide sanitary sewer service to this property without a
double lift station design. When the City of Eagan's comprehensive
sanitary sewer master plan was prepared, it anticipated providing
gravity sanitary sewer to this portion of Apple Valley. These 117
acres are proposed to be developed into 136 (+/-) large lot,
single-family homes. Eagan's sanitary sewer system has been
properly designed and has the adequate capacity necessary to
handle this proposed development period.
Enclosed on page lUo is a map showing the relationship of this
property to the City's trunk sewer system.
The agreement provides the requirement for Apple Valley to convey
to the City of Eagan .all trunk area related assessments, connection
fees and user's fees less 10% for their collection and billing
costs. This proposed agreement has been reviewed by representa-
tives of the Public Works Maintenance Division and Finance Depart-
ment and is being presented to the Council for favorable
consideration.
ACTION TO BE CONSIDERED ON THIS ITEM: Approve the Joint Powers
Agreement with Apple Valley for :sanitary sewer service and author-
ize the Mayor and City Clerk to execute all related documents.
Item 3. Vacate Drainage and Utility Easement„ Receive Petition/
Order Public Hearing (Lot 3, Block 1, Eagandale Center Industrial
Park) --With the proposed development of the Eagandale Office
Park 4th Addition (-Compri Hotel and Restaurant), it is necessary
to vacate an existing 10 -foot wide drainage and utility easement
adjacent to the lot line of Lot 3, Block 1, Eagandale Center
Industrial Park which is being replatted under this proposed
development., In response to this petition, it would be appropriate
for the Council to schedule a public hearing to formally discuss
this vacation.
/;5
Item 3. (continued)
ACTION TO BE CONSIDERED ON THIS ITEM. To receive the petition
to vacate a drainage and utility easement (Lot 3, Block 1, Eagan -
dale Center Industrial Park) and order the public hearing to
be held September 2, 1986.
Item 4, Review Truck Restriction, Wescott Road --Although no
documentation or records can be found, the Public Works Director
recalls that approximately four years ago, the Council responded
to a complaint from the property owner on Wescott Road just
west of South Hills regardingthe speed of traffic and volume
of truck traffic along this segment of gravel road. Subsequently,
the Council restricted truck traffic on Wescott Road from Elrene
Drive to Lexington Avenue and the Public Works Department put
up the appropriate restrictive enforcement signs.
Operations Captain Aszmann from the Police Department has indicated
considerable difficulty in enforcing this truck traffic restriction
to the level of service required_. by the complaintant property
owner.
With the increase in development of the Lexington Square and
Greensboro Additions, the proposed upgrading of the western
one-half mile of this gravel road near Lexington Avenue and
the major collector status of this roadway, the general public
does not comply or adhere to the City's restrictive signage.
Therefore, the Police Department Operations Captain Aszmann
has requested the Public Works Department to review with the
Council the continued need for restricting truck traffic on
this one-half mile segnment of Wescott Road. The Public Works
Director will be available to discuss specific concerns in further
detail and recommended action.
ACTION TO BE CONSIDERED ON THIS ITEM: To review existing truck
traffic restrictions on Wescott Road and provide appropriate
direction to City staff regarding modifications and/or enforcement.
Item 5. Project 479 (Lexington/Northview Park Trunk Storm Sewer)
Define Extent of Report Preparation --During the public hearing
for Project 473 for the trunk area storm sewer improvements
along Pilot Knob Road (Mooney Lake Outlet), there was considerable
criticism of staff regarding the lack of detailed survey infor-
mation prepared in conjunction with presenting the feasibility
report at the time of the public hearing. It has been the City's
policy that limited survey and design work be performed as a
part of the feasibility report preparation process for economic
considerations of projects that may not be approved.
Project 479 and 'other similar trunk area storm sewer- improvements
will always generate considerable concern and complaints from
property owners affected by either assessments or construction
alignment. Therefore, staff would like to receive direction
F
Item 5. (continued)
from the Council as to the level of detail and expense that
should be expended in preparation of a preliminary feasibility
report.
Additional comments and concerns will be provided by the Public
Works Director at the August 5 Council meeting pertaining to
this item.
ACTION TO BE CONSIDERED ON THIS ITEM: Reaffirm/modify policy
regarding level of detail provided in feasibility report prepara-
tions.
Item 6. Authorize Replacement of Vehicle #127 (Road Grader) --In
1981, the City purchased a new John Deer road grader to supplement
our street maintenance operations. As discussed with the Council,
on the June 17th meeting, the City elected to exercise its option
of a guaranteed buy-back from the dealer which was to expire
on July 5, 1986. This guaranteed buy-back resulted in the City's
being able to sell this equipment for $98,766 (approximately
$5,000 more than original purchase price). The estimated replace-
ment value is approximately $125,000.
Since this guaranteed buy-back option was exercised by the City,
we are short one road grader for street maintenance operations
until the replacement vehicle can be acquired. In evaluating
our gravel road and snow/ice control operations, the Superintendent
of Streets/Equipment and the Director are recommending the following
options for 'Council consideration:
1. Purchase new. road grader with buy-back funds and trade-
in salvage value of Vehicle #121 (1965 road grader). Net
cash outlay required by the City of Eagan for estimated
cost difference would be approximately $10,000-$15,000.
With the continued reduction of gravel road miles requiring
road grader maintenance, these two road graders can
easily be consolidated into one multi-purpose road
grader piece of equipment.
2. If Option 1 is elected, it will have the result of
reducing our snow removal maintenance equipment by
one vehicle for the upcoming snow removal season.
Due to lack of budget allocations in 1986 and the time
frame associated with bidding, ordering, receiving
and outfitting a new snow removal vehicle, it is not
practical that this can be accomplished prior to the
snow removal season. Therefore, authorization is requested
to rent or lease (with option to buy) a new dump truck
with plow and sander until the vehicle could be replaced
as a part of the 1987 budget allocation process.
/57
Item 6.(continued)
3. If options 1 and 2 are not elected, the staff is requesting
authorization to rent or lease (with option to buy)
a replacement road grader at the earliest opportunity.
The Public Works Director will be available to discuss in further
detail any of the above or other options that may be available.
ACTION TO BE CONSIDERED ON THIS ITEM: Authorize the appropriate
replacement of Vehicle #127 (road grader).
Item 7. Approve Resolution, Proj. 460 (Nicols Rd) - Restrictive
Parking --With Nicols Rd. proposed to be upgraded and financed
with municipal state aid funds, it is necessary to pass the
resolution enclosed on page Z�� This resolution indicates
that the only on -street parking that would be allowed would
be parallel with the curb and any angle or perpendicular parking
would not be allowed. This is a minor formality necessary to
comply with all state aid financing rules and regulations.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve resolution
regarding restrictive parking on Nicols Rd. (.Project 460) and
authorize the Mayor and City Clerk to, execute said resolution.
/s/ Thomas L. Hedges
City Administrator
is?
HAUGE, EIDE & HELLER. P. A.
ATTORNEYS AT LAW
WATER VIEW OFFICE TOWER, SUITE 303
1200 YANKEE DOODLE ROAD
EAGAN, MINNESOTA 55123
PAUL H. HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. aELLIN
MICHAEL J. MAYER
Mr. Thomas L. Hedges
City Administrator
3830 Pilot Knob Road
Eagan, Minnesota 55123
July 23, 1986
Re: Lembke Trucking Company v. City of Eagan
Dear. Mr. Hedges:
AREA CODE 612
TELLPKONE 456.6000
4544224
I am writing to summarize the final resolution of this matter for you. As you
will recall, Mr. Lembke sued the City of Eagan for damages due to loss of
business, damages due to defamation and for declaratory judgment determining
that the Council actions of July 16, 1985 and August 20, 1985 discontinuing
the conditional use permit for Lembke Trucking Company were arbitrary and
capricious and requiring that the City reissue that permit.
You will recall that approximately two months ago I met with yourself, Dale
Runkle, Steve Bryant and Ted Grindal to discuss disposition of this case. A
proposed a ettlement stipulation was drafted and this is basically the final
agreement that was reached with some reduction in the dollar amount of the
financial security required and one change in a condition. As of the trial
date, July 22, 1986, Mr. Lembke had complied with all of the conditions
imposed in the initial development contract and conditional use permit with
the exception that he had two, licensed trailers parked off of the area
delineated as storage area in the initial site plan, in the area that he -has
stored the trailers in the past.
TERMS OF SETTLEMENT: The City of Eagan shall reissue a conditional use permit
based upon the 'original conditions imposed by the City Council in 1980. Mr.
Lembke is ordered to strictly follow all of those conditions. The area
delineated as storage area shall be that shown on the original site plan plus
an area fifty (50) feet in depth and sixty (60) feet in width along the back
(north side) of Mr. Lembke's building. This area shall be graded and covered
with crushed limestone. Mr. Lembke shall be allowed to maintain the $2,000
landscape bond that he originally submitted, and any interest which has
accrued thereto, and shall bring this amount up to a total of $5,000 which
shall be available to the City as financial security in the event of any
future violations. This $5,000 bond shall be maintained with the City for a
period of five years.
r' .
Mr. Thomas L. Hedges
July 23, 1986
Page Two
In the event that any violation of any condition imposed by the City Council
is observed, Mr. Lembke will be given written notice of said violation. If
Mr. Lembke fails to correct said violation within 14 days of the notice, the
City may collect upon the bond in the amount of $100 per day until the
violation is corrected. In the event that the City is required to take legal
action to enjoin Mr. Lembke from the continued use of his property or to
correct the violation of the condition, and it is determined by the Court that
a violation of a condition has occurred, the City shall be entitled to
attorney's fees in a sum up to $2,000. The procedure for obtaining judicial
relief would be simply to file an Order to Show Cause and a Motion (which can
be set on in seven days) requiring Mr. Lembke to appear and show cause why he
should not be found in contempt of the Order which is being issued now and to
determine whether he is in violation of a condition of his development
contract and conditional use permit.
Mr. Lembke will raise the amount of the bond to $5,000 and apply the
additional crushed rock to the storage area prior to September 1, 1986.
This settlement agreement should be approved by the City Council who should:
1. Reissue the conditional use permit to Mr. Lembke under the original
conditions.
2. Amend the condition relating to the storage area to include the area
previously shown on the site plan plus the additional area to be graded at
this time. I believe that it was accepted by all of us that vehicles
stored to the rear of the building would be less visible.
Because the terms of the settlement agreement are so similar to our previous
discussion, I conveyed to the Court that I felt assured that Staff would
support this resolution.
KWE:cjb
160
Very truly yours,
HAUGE, EIDD S LLER, P.A.
L-kevin W. Eide
J J L 2 5190 6
HOLMES & GRAVEN
CHARTERED
470 Pillsbury Center. Minneapolis. Minnesota 55402
July 23, 1986
Mr. Thomas Hedges
City Manager
3830 Pilot Knob Road
Eagan, Minnesota 55122
Re: $12,580,000
City 'of.Eagan Multifamily Revenue Bonds
Royal Oak Circle Apartments
Dear Tom:
As bond counsel for the above -referenced bond issue, I am writing to inform you of
certain changes which the developer, Asp Construction Company, proposes to be
made with respect to the Royal Oak Circle Apartment project. The rental project
is to be located on the corner of Federal Drive and Violet Lane in Eagan. The
project as approved by the City in December of 1985 will include 297 multifamily
rental units of which 60 units will be set aside specifically for occupancy by low
and moderate income families residing in the City of Eagan. As you recall, the
City issued $12,580,000 multifamily housing revenue bonds for the project in
December, 1985.
At this point, the developer intends to construct the projectin two phases. Phase 1
will include 231 apartment units to be financed with the bonds previously approved
by the City. Phase 2 will include 66.units to be financed with a conventional loan.
The developer agrees that the 60 units set aside for low and moderate income
families will all be included in Phase 1.
The developer intends to sell the bonds to an institutional tax-exempt fund who has
indicated its willingness to finance the, project. I have reviewed the legal aspects
of the transaction and have determined that amendments will have to be made to
the bond documents by the City Council of the City in order for this proposed
financing to proceed. These amendments will be agreed to by all parties and then
presented to the City Council for its consideration. The proposed amendments will
assure continued compliance with both state and federal law.
If you have any questions regarding the foregoing, please contact me at your
earliest convenience.
Sinc el/yJ,
C
ff- C.
John C. Utley
JCU/jm
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM:
DATE: JULY 25, 1986
ASSISTANT HOHENSTEIN
SUBJECT: JOINT RESOLUTION CONCERNING EAGAN - MENDOTA HEIGHTS
CORRIDOR
Attached please find a copy ,of the draft resolution and the
resolution worked out with the City of Mendota Heights regarding
the corridor. The principle changes are as follows.
1. The paragraph concerning visual and instrument conditions
was removed at the request of Mendota Heights because the
initial paragraph of the resolution's conclusion references
VFR conditions also. Moreover, it is illustrative of
paragraph 9 and adds little to the meaning of what has
already been said in that paragraph.
2. The order of the paragraphs has been changed to follow a
slightly different logical sequence then the original. That
sequence references the problem itself, the positions of the
respective parties, the efforts made on the part of the
cities to plan in accordance with the assumptions which were
made in the past, and the decay of that system. These
changes, were effected without changing the wording of any of
the remaining paragraphs with the minor exceptions below.
3. The Airport Noise Committee suggested that the date of the
attachment be inserted in two locations within the text,
namely paragraph 6 of the initial clauses and paragraph 1 of
the conclusion, so as to avoid confusion with any prior or
subsequent noise zone maps.
Mendota Heights has passed the resolution in concept, subject to
Mayor Lockwood's request for the reordering of the paragraphs. I
have sent two, copies of the resolution to Kevin Frazell and
requested that he have it completed and executed. I am
relatively comfortable with the document as it stands. If you
have any questions about it, we can discuss them upon my return
next week.
�strative Assistant
Enclosures
JDH/jeh
14 v
RESOLUTION
CITIES OF..,EAGAN AND MENDOTA.;HEIGHTS
DAKOTA COUNTY, MINNESOTA
NO.
JOINT RESOLUTION TO REQUIRE
PARALLEL RUNWAY OPERATIONS CONSISTENT WITH
THE EAGAN-MENDOTA HEIGHTS CORRIDOR
WHEREAS, a concerted effort is being made to maximize operations
southeast of the airport to reduce the noise impact on more densely populated
communities also adjacent to the airport; and
WHEREAS, the Cities of Eagan and Mendota Heights have provided a
corridor of land uses along their mutual boundary which is largely compatible
with overflights by turbojet aircraft operating at the Minneapolis -St. Paul
International Airport; and
WHEREAS, the Eagan -Mendota Heights` Corridor provides an adequate
area of compatible land uses for operations, even when diverging separation is
in use; and
WHEREAS, the Metropolitan Airports Commission (MAC) has expressed a
commitment to the maintenance of the corridor as a part of its historical and
long-term noise abatement strategy; and
WHEREAS, the Federal Aviation Administration (FAA) has repeatedly
stressed the need for noise compatible land -uses as a means of accommodating
operational noise generation;. and
WHEREAS, the Cities of Eagan and Mendota Heights are required by the
Metropolitan Council to plan and execute their comprehensive land development
on the basis of the noise zones developed in 1981 and contained within the
Aviation Chapter of the Metropolitan Development Guide (see Attachment I),
said zones having been prepared by the Minnesota Department of Transportation
using operational assumptions, projections and presentations provided by the
FAA and the MAC; and
WHEREAS, the corridor defined by those noise zones was created and
is maintained to accommodate the disproportionate amount of turbojet traffic
operating southeast of the airport under the Preferential Runway System (PRS);
and
WHEREAS, the Cities of Eagan and Mendota Heights have supported the
PRS as a means of providing noise relief for the rest of the airport's
neighbors and consider compliance with the corridor to be a means of enhancing
the viability of -the PRS and in no way intend to restrict or impair the
capacity of parallel departures on 11L and 11R; and
/� 3
WHEREAS, there „has- occurred in recent years a progressive and
"intolerable pattern of deviations from the operational headings on which the
corridor was based, under operational and weather conditions for which their
use was prescribed, severely impacting the residential neighborhoods which
were to be protected by the development of the corridor and the accomodations
of the PRS and its noise abatement measures; and
WHEREAS, changes in operations have a broad impact on the planning
assumptions of the regional system and should not be undertaken without first
assessing such impact in concert with the council of the affected communities
and the Metropolitan Council;'
NOW, THEREFORE, BE IT RESOLVED by the Cities of Eagan and Mendota
Heights that the Metropolitan Airports Commission, Metropolitan Aircraft Sound
Abatement Council, Federal Aviation Administration, and Air Transport
Association be required to maintain all arriving and departing aircraft on
Runways 11L and 11R on compass headings consistant with the ground tracks used
to formulate the noise zone planning contours of the Aviation Chapter of the
Metropolitan Development Guide developed in 1981 (Attachment I) and cease all
deviations from such headings under VFR conditions except as necessary for
reasons of safety; and
BE IT FURTHER RESOLVED that the Cities hereby request that the
Metropolitan Airports Commission and Federal Aviation Administration provide
written notice to the respective Cities and the Metropolitan Council whenever
operational changes of a permanent or extended duration are under
consideration that would act to shift operations to flight tracks that alter
the noise zone boundaries on which the communities' land uses are based.
CITY COUNCIL CITY COUNCIL
CITY OF EAGAN CITY OF MENDOTA HEIGHTS
By:
Its Mayor
Attest:
Its Clerk
Date:
MOTION MADE BY:
SECONDED BY:
THOSE IN FAVOR:
THOSE OPPOSED:
/4e
By:
Its Mayor
Attest:
Its Clerk
Date:
MOTION MADE BY:
SECONDED BY:
THOSE IN FAVOR:
THOSE OPPOSED:
ATTACHMENT I
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Valley Figure 0.1 MINNEAPOLIS -ST. PAUL INTERNATIONAL AIRPORT
AIRCRAFT NOISE ZONES
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CITY OF EAGAN
RESOLUTION
NICOLS ROAD PROJECT 460
CONTRACT 86-2
MSAS 195-122-01
WHEREAS, the City of Eagan has submitted to the Comissioner of
Transportation the plans and specifications for the improvement of Nicols Road
from Cliff Road to Diffley Road.
WHEREAS, state -aid funds will be expended on the improvement of this
street, and
WHEREAS, the approved state -aid standards are applicable to this
project limit and restrict all parking.to that which is parallel with the
curb.
NOW, THEN, BE IT RESOLVED that said City of Eagan shall require that
parking of all vehicles within the corporate limits on this Municipal 'State -
Aid Street be parallel with the curb in accordance with the State -Aid
Standards.
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County,
Minnesota, do hereby certify that the foregoing resolution was duly passed.and
adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in
a regular meeting thereof assembled this day of , 1986.
E.J. VanOverbeke, City Clerk
City of Eagan
147
AGENDA
REGULAR NESTING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
CITY HALL
AUGUST 5, 1986
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE
II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES
V. 7:00 - PUBLIC HEARINGS
Ly A. Public Hearing for Project 477, Windtree 7th Addition - Streets
and Utilities
P•�9 B. Public Hearing for Vacation of Drainage and Utility Easement,
Lot d, Block 1, Eagandale Center Industrial Park 6th Addition
C. Public Hearing for Vacation of Ponding Easement in Lemay Lake
Hill's Addition
III. 6:40 -
DEPARTMENT BEAD BUSINESS
P.1 A.
Public Works Department
IV. 6:55 -
CONSENT AGENDA
A.
contractor Licenses
Pq
,/� B.
Selection of Election Judges for 1986 Primary and General
/
Elections
C.
Consideration of Change in Compensation for Election Judges
Ip./y D.
Authorize Consulting Engineering Services for Radio
1
Communications/John DuBois
V.13 E.
Authorize Pavement Evaluation Study, Eagandale Center Industrial
Park
P•1y F.
Project 447, Receive Final Assessment Roll/Order Public Hearing
(Lone Oak Addition - Trunk Watermain)
P.14G.
Project 453, Receive Final Assessment Roll/Order Public Hearing
(Robins Addition - Utilities)
H.
Project 456, Receive Final Assessment Roll/Order Public Hearing
I
(Eagandale Court - Streets & Utilities)
I.
Project 451, Receive Final Assessment Roll/Order Public Hearing
(Hampton Heights - Trunk Watermain)
y�
�.15 J.
Project 424, Receive Final Assessment Roll/Order Public Hearing
1
(Eagandale Lemay Lake - Streets & Utilities)
K.
Vacate Street Easement, Receive Petition/Order Public Hearing
/
(Eagandale Lemay Lake 1st Addition)
p11 L.
Review Bids/Authorize Purchase, Snow Plow Equipment (Veh.#129)
IQ M.
Contract 85-19, Final Payment/Acceptance (Eagandale Office Park
2nd Addition)
F./9 N.
Approve Final Plat, Northview Meadows 2nd Addition
ZZ 0.
Release Temporary Ponding Easement, Northview Meadows 2nd Add.
.25 P.
Approve Resolution Requesting MnDOT Speed Limit Surveys
(Miscellaneous Streets)
Vacate Drainage & Utility Easement, Receive Petition/Order
P.2VQ.
Public Hearing (Town Centre 100 -1st Addition)
V. 7:00 - PUBLIC HEARINGS
Ly A. Public Hearing for Project 477, Windtree 7th Addition - Streets
and Utilities
P•�9 B. Public Hearing for Vacation of Drainage and Utility Easement,
Lot d, Block 1, Eagandale Center Industrial Park 6th Addition
C. Public Hearing for Vacation of Ponding Easement in Lemay Lake
Hill's Addition
VI. OLD BUSINESS
-f.'53 A. Amendment to Eagandale Office Park 4th Addition/Compri Hotel
p.5�- B. Proposed Policy Changes for Gambling Regulations and Practices
VII. NEW BUSINESS
.p,63 A. Approval for Gambling License at Valley Lounge by National MS
Society
P 7 B. On -Sale Wine License, Charlie Chen's Restaurant, 1989 Silver
Bell Center
C. Special Permit to Allow a Directional Sign Along Hwy 13 for the
All American Self Storage, Lot 2, Block 2, Cedar Industrial Park
7� %3 D. S ecial Permit to Allow For Temporary Use of a Church in a LI
I Light Industrial) District at 3584 Kennebec Drive (Cedar
Industiral Park)
VE. Woodridge Apartment Project/Request for a Change in Type of
Rentals to be Offered Within the Housing Project
p.go F. Frederick DeLosh for Rezoning of 13.45 Acres from R-1 to Ag,
2882 Sibley Hil is Drive
&� P G. Conditional Use Permit for Expansion of an Existing Airport Parking Facility (E -Z Air Park/Charles Nolan) Consisting of 974
Parking Spaces on 8 Acres, Located SW of TH 55 & East of
Lexington Avenue, SW 1/4 of Section 2
�.q5 H. Site Plan Review for Safari Shopping Center (Fortune Realty)
Located at Cliff Road and Thomas Lake Road, SE 1/4 of Sec. 28
p./00 I. Site Plan Review for Eagandale Office Center Phase II (Opus
I Corporation Located at Pilot Knob Road and Avalon Avenue, NW
1/4 of Section 3
VIII. ADDITIONAL ITEMS
p.110 A. Public Improvement Projects:
P./Z61. Contract 85-21, Receive Bids/Award Contract (Maintenance
Facility Expansion
p.F7 O 2. Contract 86-20, Approve Plans/Order Advertisement for Bids
(Windtree 7th Addition)
P,IzI 3. Contract 84-02, Approve Change Order #1 (Wescott Trunk
Sanitary Sewer)
y,17 4. Contract 86-21, Approve Plans/Order Advertisement for Bids
I (Parks Dept. Ball Field Backstop & Fencing)
P.I&I 5. Contract 86-22, Approve Plans/Order Advertisement for Bids
(Parks Dept. Parking Lot Lights)
Contract 85-8, Approve Change Order #3 (Town Centre Add )
Additions)
p--pppIZZ 7. Contract 85-11, Approve Change Order #2 (Westbury 3rd Add.)
,/Z3 8. Contract 85-16, Approve Change Order #2 (Safari 2nd Add.)
n 39• Contract 85-27, Approve Change Order #1 (Eagandale Court)
(y B. Review Fee Policy for On- and Off -Sale Liquor License
Investigations
I%. VISITORS TO BE HEARD (for those persons not on the agenda) ;.
%. ADJOURNMENT
9
0
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JULY 31, 1986
SUBJECT: AGENDA INFORMATION
ADOPT'AGENDA/APPROVEMINUTES
After approval is given to the August 5, 1986., agenda and regular
City Council meeting minutes for the July 15 meeting and Special
meeting minutes for the July 10 meeting, the following items
are in order for consideration:
DEPARTMENT HEAD-
BUSINESS
A. PUBLIC WORKS DEPARTMENT
There are four. (9y items to be considered under the Public Works
Department.
1. Contract 86-2, Nicols Road (Reduce Scope of Contract) --Current-
ly, the City of Eagan is soliciting competative bids for the
upgrading of Nicols Road from Kings Road to Beau D'Rue Drive.
The scheduled bid opening is set for August 15, 1986. During
this advertisement process, detailed plans have been submitted
to Mn Dot District 9 State Aid for review and approval prior
to contract award, as necessitated by funding requirements.
Based on most recent traffic counts and projections performed
by Mn Dot personnel, the State Aid will not approve a roadway
width less than 52' (four lanes) north of Diffley Road to Beau
D'Rue Drive. The present design was based on a 52' width at
the signalized intersection of Diffley Road, tapering to 44'
for the major portion to.Beau D'Rue Drive.
This northerly section of Nicols Road reconstruction was proposed
to be a second phase under the contract during the spring/summer
of 1987. The southern portion (Cedar Ridge Circle to Kings Lane)
was proposed to be constructed during the fall of 1986. In order
to meet this agressive schedule for partial construction during
1986, it will be necessary to reduce the scope of the contract
to omit that portion north of Diffley Road from the formal contract
requesting state aid financing.
This northern portion could then be constructed under a new 1987.
contract to either their required design width or a lesser width
if approved through the 6 - 9 month variance request process
through State Aid.
The Public Works Director can discuss in further detail the ramifi-
cations associated with this change in the scope of the contract
at the August 5,meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To reduce the scope of
Contract 86-2 (Nicols Road), omitting that portion north of Diffley
Road..
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Two
PUBLIC WORKS DEPARTMENT CONT'D.
2. Grading Permit Processing --Section 4.30 of City Ordinance
states that a permit is required for any excavations or fills
that meet certain defined criteria under that ordinance.
Subdivision 2, paragraph A states that any work requiring a permit
is unlawful "without first obtaining a permit from the Council".
Based on this ordinance, the Public Works Department has required
that all applications be submitted, reviewed and approved by
staff prior to placing on a Council agenda for formal approval
allowing the issuance of that permit. Staff has been receiving
considerable pressure from developers to get grading permits
put on a Council agenda prior to formal approval by staff, with e.
the understanding that any outstanding concerns would be resolved
prior to formal issuance of permit to the applicant. In those
few situations where the Council has conceded to the applicant's
request of conditional approval, the applicant soon forgets the
remaining unresolved issues and begins work based on "Council
approval". Staff has a difficult time getting the additional
information required while operations are being initiated.
Because of the deadline necessary for preparing the Council packet,
several developers feel that being 1 - 2 days late with full
compliance results in a 2 - 3 week delay in permit approval, based
on present Council meeting schedules.
Therefore, the staff is recommending that the Council deligate
the permit issuance authority as an administrative function to
the Public Works Director, similar to the issuance of building •
permits through the Chief Building Official. This authorization
for administrative issuance of grading permits could be restricted
to only those applications where the preliminary plat has been
approved by Council action. Any other grading permits not
associated with the proposed development would still have to
be processed through the Council at a formal meeting. This would
insure that the Council is aware of the proposed earth moving
activity either through the preliminary plat application process
or a formal grading permit approval for non -development related
land.
By authorizing this administrative authority, the staff would
be able to more efficiently and effectively deal directly with
the developer in a timely manner without unnecessarily holding
up proposed developments. The Public Works Director would still
insure that all items have been fully and satisfactorily complied
with before the administrative issuance of the permit or schedul-
ing for formal Council approval.
ACTION TO BE CONSIDERED ON THIS ITEM: Authorize the Public Works
Director to issue permits for excavations and fills under Section
4.30 without formal Council action for only those properties
covered by an approved preliminary plat.
.-?
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Three
PUBLIC WORKS DEPARTMENT CONT'D.
3. Stop Sign Request, Terminal Drive and Yankee Doodle Road
('Mike Gresser),--Enclosed on pages �--6 is a petition that the
City received, requesting the installation of stop signs at two
of the three legs of the intersection of Terminal Drive with
Yankee Doodle Road as shown by the map enclosed on page
The City Engineer can support the request for the installation
of a stop sign on Yankee Doodle Road, controlling traffic exiting
from Mr. Gresser's new business operations. However, it would
be inappropriate to stop through -traffic movement from Terminal
Drive onto Yankee Doodle Road towards T.H. 13, as this does not
meet any of the warrants required or necessary for the installation
40 of a stop sign. Research of the Police Department has resulted
in no record of any accidents at this intersection. "Near misses"
are not kept of record, but the Police Department has no knowledge
or information of any problems supporting the requested stop
sign installation on Terminal Drive.
Both stop signs have recently been installed without the City's
authority by Mr. Gresser. These signs have since been removed
until formal Council action.
It should be noted_ that the modifications to the intersection
configuration that have been performed by Mr. Gresser have been
done so without City authorization, permit issuance or staff
concurrence. A considerable amount of correspondence has been
generated trying to get. Mr. Gresser to conform with City require-
ments regarding any work within public rights-of-way or streets.
Additional background information can be provided during the
discussion of this petition as may be necessary.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny installation
of stop signs at the intersection of Yankee Doodle Road and Terminal
Drive.
3
PETITION
FOR CITY USE ONLY
Date Received -ay —I -
To
To Council
Approved
I/we, the undersigned hereby petition the City Council of the City of Eagan to
install stop signs on Yankee Doodle Rd. - east bound £ Tc2.n ,v,4, jli� /34J. 4
at the intersection with Terminal Dr. - south bound 0�01)L« E. AC�14'
' 2esoc•csv
I/we, request this irnstallation for the following reasons:
1. Vehicle Control- we have experienced very close calls with
vehicle accidents.
2. Driver/Passenger Safety - There have been some near misses
• experienced where people could have been hurt.
3.
9.
I/we request that the City Council take this petition request under consideration
at its earliest opportunity and that we be informed as to when it is scheduled
so that we may appear in perscn if we so choose.
NAME (Please print and initial) ADDRESS
• 1. M.C. Gresser 1771 Yankee Doodle Rd.
2. Neil Perkins 3303 Terminal Dr.
3.
9.
5.
6.
7.
8.
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Agenda Information Memo
August 5, 1986, City Council Meeting
Page Four
PUBLIC WORKS DEPARTMENT CONT'D.
4. Scheduling of Project 469 (Towerview Road) and Project 476
(Highview Avenue) --With the approval of, the Lemay Lake Hills
Addition, the Council authorized the upgrading of Towerview Road
from Pilot Knob Road to Quarry Lane to City standards. However,
at the homeowners' request, the Council requested that this
construction be -delayed until such time as development construction
was significantly under way. In addition, the Council also recently
approved the upgrading of Highview Avenue, west of Pilot Knob
Road, to City standards. Because those segments are short sections,
requiring only the installation of surface improvements, it is
most feasibile to combine both under one contract. . However,
before staff combines both for one contract, they wanted to receive
Council assurance that there were no objections to having Towerview
Road constructed during the fall of 1986, based on previous comments
at the public hearing from existing residents. The Public Works
Director will be able to discuss in further detail the advantages
of proceeding with both improvements at this time.
ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the combinations
of Project 469 (Towerview Road.) and Project 476 (Highview Avenue)
under one contract for construction during the fa -ll of 1986.
Agenda Information Memo
August 5., 1986, City Council Meeting
Page Five
CONSENT AGENDA
There are seventeen ( 17 ) items on the agenda referred to as Consent
Items requiring one (1) motion by the City Council. If the City
Council wishes to discuss any of the items in further detail,
those items should be removed from the Consent Agenda and placed
under Additional Items unless the discussion required is brief.
CONTRACTOR LICENSES
A. Contractor Licenses --Attached on page 16 is a list of the
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
contractor licenses as presented.
I
approve the list of
L
CONTRACTORS' LICENSE
AUGUST 5, 1986
GENERAL CONTRACTORS
1. ELDEEN INC
2. B.H. GRACE CORP
3. AL HERRMANN CONST
4. JULIK & ADLER CONST INC
. 5. NEW CENTURY CONST INC
6. WAGNER HOMES INC
7. EARL WEIKLE & SON INC
.1. GOLDEN VALLEY HTG
• 1. MADSEN PLBG & HTG
2. A.E. NELSON (JAMES STODOLA)
3. PLYMOUTH PLBG
4. TOM TIX PLBG
SWIMMING POOLS
1. PRESTIGE POOL & PATIO
2. QUALITY POOLS & SPAS
KASONRY, CEMENT WORK.
1. TWIN CITY FIREPLACE /O
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Six
CONSENT AGENDA CONT'D.
ELECTION JUDGES
B. Election Judges --According to state law, August 15 is the
last day to appoint election judges for the State Primary Election.
The City Clerk's office has written and verbally contacted residents
who have served as election judges and also other individuals
who have expressed interest in serving as an election judge.
Since there are several judges who have not responded as to whether
they can work at the State Primary Election, the final list will
not be available until Monday, August 4, for distribution with
the Administrative Packet.
• ACTION TO BE CONSIDERED ON THIS ITEM: To approve the list of
election judges for the State Primary Election.
COMPENSATION FOR ELECTION JUDGES
C. Consideration of Change in Compensation for Election Judges --
During development of the 1986 budget, the Director of Finance
included a dollar amount for election judges that would allow
for an increase in the rate of compensation paid to residents
selected by the City Council to perform this duty. An increase
in the budgetary allocation for election judges was approved,
however, the actual hourly rate of compensation was not specified
when the budget was adopted. Currently, the City of Eagan compen-
sates election judges at a rate of $3.25 per hour and the head
election judge at $3.75 per hour. It is the recommendation of
the Director of Finance that the election judge compensation
• be increased to $4.00 and $4.50 respectively. These new rates
of compensation would equal the mean average of a ten city survey
that was conducted for election judge hourly compensation. Please
refer to the attached survey results found on page//AThis
new rate of compensation can be funded given the 1budget
allocation for election judges.
ACTION TO
BE CONSIDERED ON
THIS ITEM:
To approve the rate of
election
judge compensation
at $4.00
per hour for regular judges
and $4.50
per hour for head
judges.
I
11
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Agenda Information Memo
August 5, 1986, City Council Meeting
Page Seven
RATIFY ENGINEERING SERVICES CONTRACT
RADIO COMMUNICATIONS
D. Authorize Consulting Engineering Services for Radio
Communications/John DuBois --It was discovered at a recent meeting
between Dr. John DuBois, radio communications consultant, and
the City Administrator that a consulting engineering agreement
was never exercised between the City of Eagan and Dr. DuBois.
Dr. DuBois has, been performing all services as requested and
appears to be on schedule with the development of plans and specs
and bidding outlined in the flow chart that was distributed as
a part of the July 25 Informative Memo. The agreement includes
a rate of compensation that will not exceed $36,300 for all expenses
and work performed. In other words, if the final bids are higher
then Dr. DuBois' percentage retainer, the $36,300 will be a maxi-
mum. If the bids are less then proposed, the rate of compensation
is based on a percentage of the successful contract. Any additional
tasks that were not outlined in the original agreement will be
compensated at a rate of $40 per hour. The agreement also states
that all obligations and responsibility regarding worker's compensa-
tion and other liability claims will be the responsibility of
Dr. DuBois.
ACTION TO BE CONSIDERED ON THIS ITEM': To approve or deny the
consulting engineering agreement between the City of Eagan and
Dr. DuBois to provide radio communications consultation to the
City of Eagan.
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Eight
PAVEMENT EVALUATION STUDY/EAGANDALE CENTER INDUSTRIAL PARK
E. Authorize Pavement Evaluation Study, Eagandale Center Indus-
trial Park --The streets located within the Eagandale Center
Industrial Park were constructed in 1968-70. During the past
several years, the Public Works Department has noticed an increas-
ing amount of pavement deterioration and failure resulting in
increasing maintenance repair work (patching, crack sealing,
overlays, etc.). In addition, with the recent increase in load
limits on interstate and trunk highways from 9 to 10 tons per
axle, it is thought that these streets within the industrial
park may be under designed in relationship to their current
service life and continued increase in heavy commercial/industrial
truck traffic related to new development.
Subsequently, the Public Works Director would like authorization •
to have these streets evaluated for their present structural -
stability and projected pavement life to determine if an assessible
structural overlay should be performed. The estimated cost
of this evaluation is $2,500 which could be considered a part
of the assessable cost associated with any resultant project.
While this cost is not budgeted under the Engineering or Street
Maintenance operations for 1986, it is felt that this study
should be performed as soon as possible so that proper future
budget allocations can be anticipated or public improvement
public hearing processes initiated.
ACTION TO BE CONSIDERED ON THIS ITEM: To authorize a pavement
evaluation study for the Eagandale Center Industrial Park streets
for the estimated amount of $2,500.
�140
/3
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Nine
PROJECT 447/LONE OAK ADDITION - TRUNK WATER MAIN
F. Project 447, Receive Final Assessment Roll/Order Public
Hearing (Lone Oak Addition - Trunk Watermain)--All costs associated
with the installation of the trunk water main from Yankee Doodle
Road to the Lone Oak Addition along Trunk Highway 149, have
been tabulated and the final assessment roll prepared in anticipa-
tion of scheduling the final assessment hearing necessary to
finance this project.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assess-
ment roll for Project 447 (Lone Oak Addition - Trunk Water Main)
and schedule the final assessment hearing to be heldSeptember
2, 1986.
PROJECT 453/ROBINS ADDITION - UTILITIES
G. Project 453, Receive Final Assessment Roll/Order Public
Hearing (Robins Addition - Utilities) --All costs associated with
the installation of sanitary sewer and water main necessary
to service the Robins Addition have been tabulated and the final
assessment roll prepared in anticipation of scheduling the final
assessment hearing necessary to finance this project.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assess-
ment roll for Project 453 (Robins Addition - Utilities) and
order the final assessment hearing to be held September 2., 1986.
• PROJECT 456/EAGANDALE COURT - STREETS & UTILITIES
H. Project 456, Receive Final Assessment Roll/Order Public
Hearing (Eagandale Court - Streets & Utilities) --All costs associ-
ated with the installation of streets and utilities necessary
for the construction of Eagandale Court, adjacent to Eagandale
Center Industrial Park #7, have been tabulated and the final
assessment roll prepared in anticipation of hold the final assess-
ment hearing necessary to finance this project.
ACTION TO BE CONSIDERED ON THIS IT -EM': To receive the final assess-
ment roll for Project 456 (Eagandale Court - Streets & Utilities)
and order the final assessment hearing to be held September
2, 1986.
I�
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Ten
PROJECT 451/HAMPTON HEIGHTS - TRUNK WATER MAIN
I. Project 451, Receive Final 'Assessment Roll/Order Public
Hearing (Hampton Heights - Trunk Water Main) --Although the 'instal-
lation of the trunk water main along Coachman Road through the
Hampton Heights subdivision has not been fully completed with
final costs tabulated, all assessments associated with this
project are based on standard, established trunk -related assessment
rates not dependent upon the final cost. Therefore, the final
assessment roll has been prepared based on the rates quoted
in the feasibility report at the time of the public hearing
in anticipation of scheduling a final assessment hearing which
is necessary to help finance this project.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assess-
ment roll for Project 451 (Hampton Heights - Trunk Water Main)
and order the final assessment hearing to be held September
2, 1986.
PROJECT 42'4/EAGANDALE LEMAY LAKE - STREETS'& UTILITIES
J. Project 424, Receive Final Assessment Roll/Order Public Hearing
(Eagandale 'Lemay Lake - Streets & Utilities) --All costs associated
with the installation of streets and utilities to service the
Eagandale LemayLake Addition have been tabulated and the final
assessment roll prepared in anticipation of scheduling the final
assessment hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assess-
ment roll for project 424 (Eagandale Lemay Lake - streets & •,.
utilities) and order the final assessment hearing to be held
September 2, 1986.
15'
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Eleven
VACATE STREET EASEMENT/EAGANDALE LEMAY LAKE 1ST ADDITION
K. Vacate Street Easement, Receive Petition/Order Public Hearing
(Eagandale Lemay Lake 1st Addition) --In May of 1986, the developer
of the proposed 2nd Addition submitted a request for the vacation
of common lot line drainage and utility easements that were
dedicated as a part of the 1st Addition plat and the public
street easement dedicated by deed conveyance for the street
construction necessary to service the 1st Addition as constructed
over the unplatted parcel adjacent to and east of the 1st Addition.
In researching this item for the required public hearing process,
staff was informed that the street easement document had never
been recorded and would not have to be formally vacated. Subse-
quently, this request was deleted from the public hearing vacation
process and only the common lot line drainage and utility easement
was formally vacated. However, at that June 17 public hearing,
the Council did acknowledge the street easement would no longer
be necessary due to the final plat of the 2nd Addition and,
by motion, released all interest in this public right-of-way
easement.
Subsequently, the staff has since been informed that the street
easement was in fact recorded at the County and requires a formal
public hearing„ vacation process to be completed. Therefore,,
a new public hearing will have to be scheduled to provide an
opportunity for all potential parties to express any objections
to this proposed vacation.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition
•to vacate the street easement (Eagandale Lemay Lake 1st Addition)
and order a public.hearing to be held on,September 2„ 19186.
/6
Agenda Information'Memo
August 5, 1986, City Council Meeting
Page Twelve
REVIEW BID, SNOW PLOW EQUIPMENT
L. Review Bids/Authorize Purchase, Snow Plow -Equipment (Vehicle
#129) --As a part of the approved 1986 Budget, the Public Works
Maintenance Division recently acquired a $32,000 GVW dump truck.
Subsequent to that acquisition we prepared specifications and
advertised for bids for the installation of the dump box, front
and wing plow.s and slide in sander. At 2 p.m. on Thursday, July
24, 1986, formal bids were received for the sn w plow package
equipment to this vehicle. Enclosed on page is a memo from
the Superintendent of Streets and Equipment identifying the
various bidders and which ones met all specifications. Public
Works Director supports the Superintendent's recommendation to
accepting the low bid for Midland Equipment.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for
snow plow equipment (vehicle #129) and authorize the purchase
from Midland Equipment Company Inc. in the amount of $19,255.
17
MEMO TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS
FROM: ARNIE ERHART, SUPERINTENDENT OF STREETS B EQUIPMENT
DATE: JULY 25, 1986
RE: BIDS ON MISCELLANEOUS EQUIPMENT FOR L 8000 V& N "it ra q
The following bids were received:
Midland
$19,255.00
No exceptions
J. Craft
19,265.98
No exceptions
Crysteel
19,730.00
Plus $471.00 for sub
16ng beams that
were in specifications would bring
total to $20,201.00.
LaHass
210411.00
No exceptions
• Novack
11,704.00
Plow and Wing only
I recommend accepting Midland's low bid
of $19,255.00. Adding
that amount to
the cab and chassis cost
of $42,225 amounts to $61,480 which is
within the
$62,000 appropriated for
this vehicle.
Delivery date would be
30 to 60 days
after they receive the truck.
Arnie Erhart, Supt. of Streets F, Equipment
AE/bp
--r/ 7_ � f—�G
MA
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Thirteen
FINAL PAYMENT (EAGANDALE OFFICE PARK 2ND ADDITION)
M. Contract 85-19, Final Payment/Acceptance (Eagandale Office
Park 2nd Addition) --We have received a request for final payment
from the Contractor along with the certification from a
consulting engineering firm that construction was completed in,
compliance with City approved plans and specifications. All
final inspections have been verified by representatives by the
iPublic Works Department and this contract is being recommended
for final payment and formal acceptance for professional
maintenance. This project provided for the installations of
streets and utilities to service the Eagandale Office Park 2nd
Addition located south of Corporate Center Drive and east of
Pilot Knob Road.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the fifth and
final payment for' Contract 85-19 (Eagandale. Office Park 2nd
Addition) to G&L Contracting Inc. in the amount of $13,722.93 and
accept the improvements for perpetual maintenance subject to
warranty provisions.
FINAL PLAT, NORTHVIEW MEADOWS 2ND ADDITON
N. Approve Final Plat, Northview Meadows 2nd Addition --We
received an application for final plat approval for the Northview
Meadows 2nd Addition located south of Diffley Road and west of
Northview Meadows lst Addition as shown on pages &,elf. All
conditions placed on the preliminary plat approval of April 15,
1986 have been satisfactorily complied with. A1'1 final plat
application material 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 Northview Meadows 2nd Addition and authorize the Mayor and
City Clerk to execute all related documents.
.�Yfti
,$
C.S.A.H. NO. 30
NORTHVIEW MEADOWS ori
YO'OIIf'f_ o
(DIFFLEY RD.) ■
.
2ND ADDITION �>
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SHEET 1 OF 2
EXHIBIT A
jNORTHVIEW MEADOWS 2ND ADDITION
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Agenda Information Memo
August 5, 1986, City Council Meeting
Page Fourteen
TEMPORARY EASEMENT, NORTHVIEW MEADOWS 2ND ADDITION
O. Release Temporary Ponding Easement, Northview Meadows 2nd
Addition --When the Northview Meadows 1st Addition was platted,
the City required the conveyance of a temporary drainage and.
ponding easement to be dedicated over the low land lying westerly
of that subdivision to temporarily contain and convey the runoff
generated from the Northview Meadows lst Addition. This
temporary easement was to be retained only until such time that
• the 2nd Addition was developed and adequate storm sewer
facilities wereinstalled and/or proper site grading completed.
If the final plat for the Northview Meadows 2nd Addition is
approved as previously scheduled on this agenda, it would be in
order for the Council to pass the resolution enclosed on pages
.23,1111 releasing all rights to this temporary easement due to
adequate comparable easements being conveyed as a part of the
plat for the 2nd Addition.
ACTION TO BE CONSIDERED ON THIS ITEM: Approve a resolution
releasing all rights and interests in temporary ponding easement
over the proposed Northview Meadows 2nd Addition and authorize
the Mayor and City Clerk to execute all related documents.
RESOLUTION
CITY OF EAGAN
VACATE/RELEASE OF INTEREST
PONDING EASEMENT DOCUMENT NO. 625444
NORTHVIEW MEADOWS 2ND ADDITION
WHEREAS, with the development of the Northview Meadows
1st Addition, it was required by the City that a temporary
ponding easement be dedicated to the City to provide necessary
drainage way; and,
WHEREAS, this temporary easement was conveyed to the
City and recorded at the County under Document No. 625444; and,
WHEREAS, this temporary ponding easement located in a
portion of the NE 1/4, Section 26, Township 27, Range 23, Dakota
County, Minnesota and more accurately described by the attached
description; and,
WHEREAS, the development and recording of the Northview
® Meadows 2nd Addition replaces the necessary ponding and drainage
way easements in like kind;
•
NOW, THEREFORE, BE IT RESOLVED that the Council of the
City of Eagan, Dakota County, Minnesota hereby release all
interests in the easement previously dedicated and recorded in
accordance with the attached legal description.
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
-23
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota
County, Minnesota, do hereby certify that the foregoing
resolution was duly passed and adopted by the City Council of the
City of Eagan, Dakota County, Minnesota, in a regular meeting
thereof assembled this day of , 1986.
E.J. VanOverbeke, City Clerk
•
•
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Fifteen
RESOLUTION MnDOT SPEED LIMIT SURVEYS
P. Approve Resolution Requesting MnDOT Speed Limit Surveys
(Misc. Streets) --There are several new streets which have been
constructed during the past year which should have speed .limit
designations determined and posted for proper traffice control
• enforcement. The present law allows the City to designate 30 mph
speed limits within residential areas and subdivisions. However,
on our collector/arterial/through streets, a formal speed study
must be performed by MnDOT personnel with the Commissioner of
Transportation formally designating the proper enforceable speed
limit. Therefore, the resolution enclosed on pagesiZ has been
prepared for Council's consideration of requesting MnDOT to
perform these speed studies to -allow staff to have these streets
properly posted.
ACTION TO BE CONSIDERED ON THIS ITEM: Approve the resolution
requesting MnDOT speed limit survey (miscellaneous streets) and
authorize the Mayor and City Clerk to execute all related
documents.
i
RESOLUTION
CITY OF EAGAN
SPEED LIMIT DESIGNATION
MnDOT SPEED STUDY REQUEST
WHEREAS, the City of Eagan has recently constructed or
upgraded several streets within the community; and,
WHEREAS, the City would like to establish enforceable
speed limits along those local streets referenced on the attached
Exhibit A;
NOW, THEREFORE, BE IT RESOLVED that the City Council,
the City of Eagan, Dakota County, hereby request MnDOT District 9
to perform all required speed studies necessary to designate the
proper speed limit for those streets referenced in the attached
® Exhibit A.
CITY OF EAGAN
CITY COUNCIL
Motion made by:
Seconded by:
Those in favor:
• Those against:
Dated:
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota
County, Minnesota, do hereby certify that the foregoing
resolution was duly passed and adopted by the City Council of the
City of Eagan, Dakota County, Minnesota, in a regular meeting
thereof assembled this day of , 1986.
E.J. VanOverbeke, City
IN
August 5, 1986
EXHIBIT A
TO
RESOLUTION REQUESTING SPEED STUDY FOR SPEED LIMIT
Street
Denmark Ave
Denmark Ave
Duckwood Dr
Town Center Dr
Ashbury Rd
Northwest Pkwy
Lone Oak Pkwy
Rahn Rd
Metcalf Dr
From
Wescott Rd
Yankee Doodle Rd
Denmark Ave
Duckwood Dr
Blue Cross Rd
TH149
TH149
Rahn Way
Cinnamon Ridge
Trail
a7
City
To Request
Deerwood Dr
35
mph
Duckwood Dr
35
mph
Pilot Knob Rd
35
mph
Lexington Ave
30
mph
Blackhawk Hills Rd
30
mph
Lone Oak Pkwy
35
mph
O'Neill Dr
35
mph
Vienna Lane
30
mph
Clark St
30
mph
•
Agenda Information Memo
August 5., 1986, City Council Meeting
Page Sixteen
VACATE EASEMENT (TOWN CENTER 100 1ST ADDITON)
Q. Vacate Drainage 6 Utility Easement, Receive Petition/Order
Public Hearing (Town Center 100 1st Addition) --The Staff has
received a request to vacate the existing common lot line
drainage and utility easement along the west line of Lot 1, Block
1, Town Center 100 1st Addition which was platted and developed
• into the Learning Tree Developmental Daycare Center at the
intersection of Lexington Avenue - and Town Center Drive. Because
of the setback requirements from Lexington Avenue., the developer
(Federal Land Company) subsequently sold an additional 15' from
outlot D to Lot 1, Block 1 to allow the proper site plan
placement of the building and related facilities. Subsequently,
this common lot line drainage and utility easement will be
replaced in like kind over the newly created lot line 15' further
to the west.
•
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to
vacate the drainage and utility easement (Town Center 100 1st
Addition) and order a public hearing to be held September 2,
1986.
21
Agenda Information Memo `
August 5, 19.86, City Council Meeting
Page Seventeen
PROJECT 477, WINDTREE 7TH ADDITION - STREETS & UTILITIES
A. Project 477, Windtree 7th Addition - Streets and Utilities --
In response to a petition received from the developer of the
above -referenced subdivision,. the Council authorized the prepara-
tion of a feasibility report which was completed, presented to
the Council on July I with the public hearing being scheduled
for August 5th. Enclosed on pages 3 0 through Vg is a
copy of the report for the Council's information and review during
the public hearing. All notices have, been published in the legal
newspaper and sent to all property owners proposed to be assessed
under this project. Our consulting engineer will present the
details associated with this project at the public hearing on
August 5th.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and approve/deny Project 477 (Windtree 7th Addition).
•
z7
REPORT
FOR
WINDTREE 7th ADDITION
• UTILITY & STREET IMPROVEMENTS
•
PROJECT No. 477
EAGAN, MINNESOTA
FILE No. 49397
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
ENGINEERS & ARCHITECTS
ST. PAUL, MINNESOTA
30
Bonestroo, Rosene, Anderlik & Associates; Inc.
2335 W. Trunk Highway 36
St. Paul, MN 55113
612.636-4600
July 2, 1986
Engineers & Architects
Honorable Mayor and Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Windtree 7th Addition
Utility and Street Improvements
project No. 477
File No. 49394
Dear Mayor and Council:
Duo G. Bunrzlrvu, P.E.
Glenn R. C.A. P.E.
Ruherr W. R.n, HE
A,ah A. G.dun. Y.E.
Ju r,h C. Andrrlik. P E.
1h ..... . IE- Nuym. Y.E.
Brod/urd A. Lrmbrrk. P.E.
Rirhurd W, Fwrrr, P
Rirhurd E Turner, P.E.
NOLrn G..Ahurah,. P.E
J,.,. C. 01un, PE
Murvm L. S.vulu, P.E.
Dunuld C Buryurdl. Y.E.
lrrry A. BuurCun, P.E.
Aluck A. H..r, P.E.
Ted K. Feld. P.E.
Muhurl T. kuuununn, PE.
Ruder R. Yl //rrh•, !tt',
Duvid O. L.Auru, AL
Thum. N'. Prrrrsm, P E.
Whud C. L,n, A. P.E.
Abren L. Oulu, P.E.
J,.. R. .W nd. PE.
Aennelh P. Andrnun. P.E.
Ke. A. Burhrr.nn, P.E.
Alurk R. RuIJ• P.E.
Ruben C. Runrk. ALA.
Th.n. E. An,ue. P.E.
Sndr L. Ynun,. Y.E.
Churl:r A. Enrksun
Lru M. PuvrhAY
Harlun M. Ohun
EN,h.
Transmitted herewith is our report for Windtree 7th Addition, Project No.
478. This report covers sanitary sewer, storm sewer, water main, and street
construction and includes a preliminary assessment roll..
We would be pleased to meet with the Council and other interested parties at a
mutually convenient time to discuss any aspect of this report.
Yours very truly,
BONESTROO, R_OSENE, ANDERLIK S ASSOCIATES, INC.
*V/-- -/1"`�
Mark A. Hanson
MAH: 1i
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 o�S� o<��nesota.
Mark A. Hanson��
ezc4xs / � J?4 Date: July 2, 1986 Reg. No. 14260
Director of Public Works
6165d
3/
.30 Year
SCOPE: This project provides for the construction of sanitary sewer, water
main, storm sewer and streets to serve Windtree 7th Addition. This addition
is located in the northeast corner of Elrene Road and Wescott Road and is a
replat of the Outlot platted as part of Windtree 5th and 6th Additions. Wind -
tree 7th Addition consists of 39 single family lots.
FEASIBILITY AND RECOMMENDATIONS: The project is feasible from an engineering
standpoint and is in accordance with the Master Utility and Street Plan for
the City of Eagan. The project as outlined herein can. be best carried out as
• one contract.
Sanitary Sewer - Sanitary sewer proposed herein includes constructing an 8"
diameter PVC sanitary sewer in Ridgewood Drive and Brentwood Lane as shown on
the attached drawing. The sewer will connect to the existing sanitary sewer
in Ridgewood Drive and Stonewood Road that was constructed as part of the
Windtree 5th and 6th Additions (Project No. 462).
Water Main - Water main proposed herein includes constructing a 6" diameter
DIP water main in Ridgewood Drive, Brentwood Lane and the stub street to Wes-
cott Road as shown on the attached drawing. A stub for future connection will
be installed at the east end of Brentwood Lane. The 6" water main will con-
nect to two existing 6" stubs at Ridgewood Drive and Stonewood Road that was
constructed as part of Windtree 5th and 6th Additions and the existing 12"
main on the south side of Wescott Road. The proper number of valves, hy-
drants, and fittings are also included. This addition is located in the in-
termediate pressure zone and will experience static and residual pressure of
56 and 38 psi respectively.
Page 1.
6165d
3v
Services - Sanitary sewer and water services are proposed to be constructed 15
feet beyond the property line. Sewer service lines are proposed to be 4" di-
ameter and water service lines 1" diameter.
Storm Sewer - Windtree 7th Addition for the most part drains into the existing
storm sewer constructed as part of Windtree 5th and 6th Addition. Storm sewer
proposed herein includes constructing 2 catch basins in Ridgewood Drive midway
between Brentwood Lane and Stonewood Road. These catch basins will connect to
the existing storm sewer in Ridgewood Drive as shown on the attached drawing.
The extreme southeast corner of Windtree 7th Addition at Brentwood Lane
and the stub street to Wescott Road will have overland drainage easterly in
Brentwood Lane to the future Windtree 8th Addition. This drainage area is
quite small and ultimately storm sewer will be constructed within the 8th Ad-
dition approximately .200' east of the stub street to Wescott Road in Brentwood
Lane to pickup this small drainage area. But until 8th Addition is developed,
the developer will be required to take the necessary erosion control measures
at the east end of Brentwood Lane.
Street - Street construction proposed herein includes a 32' wide street con-
structed to a 7 ton residential design thickness. Bituminous surfacing, sur-
mountable concrete curb and gutter is included in conjunction with restoration
of the boulevard area. It is anticipated, based on past projects in this
area, that a significant amount of subgrade correction will be required due to
the nature of the soils. In addition to the street construction, a 5 foot
concrete sidewalk is proposed along the north side of Wescott Road for the
length of the development.
6165d
Page 2.
33
AREA TO BE INCLUDED:
Construction Area Assessment Area
Windtree 7th Addition Windtree 7th Addition
Lots 1-15, Block 1 Lots 1-15, Block 1
Lots 1-15, Block 2 Lots 1-15, Block 2
Lots 1-9, Block 3 Lot 1-9, Block 3
COST ESTIMATES: Detailed cost estimates are presented in Appendix A located
at the back of this report. A summary of these costs is as follows:
Sanitary Sewer $ 60,000
Water Main 65,810
• Services 39,120
Storm Sewer 5,740
Streets 153,280
TOTAL ................................. $323,950
The total estimated project cost is $323,950 which includes contingencies
and' all related overhead. Overhead costs are estimated at 30% and include
legal, engineering, administration, and bond interest.
ASSESSMENTS: Assessments are proposed to be levied against the benefited
® property. A preliminary assessment roll is included at the back of this re-
port in Appendix B. All lateral 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.
SANITARY SEWER: It is proposed to assess the total cost of sanitary sewer
equally to each lot in Windtree 7th Addition. Trunk area sanitary sewer was
previously assessed under Project 58. _
Page 3.
6165d
WATER MAIN: It is proposed to assess the total cost of water main equally to
each lot in Windtree 7th Addition. Trunk area water main was previously as-
sessed under Project 58.
SERVICES: It is proposed to assess the total cost of sanitary sewer and water
service equally to each lot in Windtree 7th Addition.
STORK SEWER: It is proposed to assess the cost of lateral storm sewer equally
to each lot in Windtree 7th Addition.
Trunk area storm sewer has not been assessed within Windtree 7th Addi-
tion. Therefore, it is proposed to assess trunk area storm sewer to the lots
within Windtree 7th Addition.
STREET: It is proposed to assess the total cost of street equally to each lot
in Windtree 7th Addition.
REVENUE SOURCES: Revenue sources to cover the cost of this project are as
follows:
Page 4.
6165d
LA
Project Cost
Revenue
Balance
A. SANITARY SEWER
Lateral
$
60,000
Lateral Assessment
$
60,000
TOTAL
$
60,000
$
60,000
- 0 -
B. WATER MAIN
Lateral
$
65,810
Lateral Assessment
$
65,810
TOTAL
$
65,810
$
65,810
- 0 -
C. SERVICES
Lateral
$
39,120
Lateral Assessment
$
39,120
TOTAL
$
39,120
$
39,120
- 0 -
Page 4.
6165d
LA
STORM SEWER
$ 30,890
Trunk Area
-
Lateral
$ 5,740
5,740
Lateral Assessment
$ 5,740
$ 36,630 +$30,890
TOTAL
STREET
-
$153,230
Lateral
$153,280
_
Lateral Assessment
$153,280
$153,280 0
TOTAL
• PROJECT SCHEDULE
July 1, 1986
resent Feasibility Report
.S h�•Y
August 5 1986
_
ublic Hearing
_
August 5, 1986
pprove Plans and Specifications
y..
September 2, 1986
z -_
pen Bids/Award Contract-
spring, 1987
3
;omplete Construction
Summer, 1987
,ssessment Hearing
May, 1988
?first Payment Due with Real Estate
Taxes
`
Page 5. I
6165d
APPENDIX A
PRELIMINARY COST ESTIMATE
WINDTREE 7TH ADDITION
PROJECT NO. 477
A. SANITARY SEWER
Cu.yds.
Rock stabilization
1,820
Lin.ft.
8" PVC
SDR 35 Sanitary sewer, 0'-10' dp. @ $14.00/l.f.
$ 25,480
10
Each
Std. 4'
dia. MH w/cstg. @ $950.00/each
9,500
40
Lin.ft.
MH depth
greater than 8' dp. @ $70.00/each
2,800
1
Each
Connect
8" PVC to existing MH @ $200.00/each
200
1
Each
Connect
8" PVC to existing 8" PVC @ $200.00/each
200
39 Each 8"x4" wye in pl. @ $50.00/each 1,950 10
200
Cu.yds.
Rock stabilization
below pipe @
$10.00/cu.yd.
2,000
1,820
Lin.ft.
Mechanical trench
compaction @
$1.00/lin.ft.
1,820
Subtotal $ 43,950
+5% Contingencies 2,200
$ 46,150
+30% Legal, Engrng., Admin. 6 Bond Interest 13,850
TOTAL SANITARY SEWER .............................. $ 60,000
•
Page 6.
6165d
37
B. WATER MAIN
75 Sq.yds. Remove existing bituminous street @ $1.00/sq.yd. $ 75
75 Lin.ft. Remove existing B618 conc. C.& G. @ $2.00/lin.ft. 150
2,560 Lin.ft. 6" DIP water main @ $12.00/lin.ft. 30,720
4
Each
Hydrant @ $1,000.00/each
4,000
• 4
Each
6" Resilient wedge gate valve & box @ $450.00/each
1,800
2,600
Lbs.
Fittings @ $1.50/lb.
3,900
75
Sq.yds.
Patch bituminous street @ $20.00/sq.yd.
1,500
1
Each
6" Wet tap to existing 12" DIP @ $1,500.00/each
1,500
2
Each
Connect 6" DIP to existing 6" DIP @ $500.00/each
1,000
100
Cu.yds.
Rock stabilization below pipe @ $10.00/cu.yd.
1,000
2,560
Lin.ft.
Mechanical trench compaction @$1.00/lin.ft.
2,,560
Subtotal
$ 48,205
+5% Contingencies
2,415
$ 50,620
+30% Legal, Engrng., Admin. & Bond Interest
15,190
TOTAL WATER MAIN ................................... $ 65,810
Page 7.
6165d
3�
C. SERVICES
1,760
Lin.ft.
4" PVC Sanitary sewer service @ $7.00/lin.ft.
$
12,320
1,760
Lin.ft.
1" Type "K" copper water service @ $6.00/lin.ft.
10,560
39
Each
1" Corporation stop @ $20.00/each
780
39
Each
1" Curb stop @ $70.00/each
2,730
50
Cu.yds.
Rock stabilization below pipe @ $10.00/cu.yd.
500
1,760
Lin.ft.
Mechanical trench compaction @ $1.00/lin.ft.
1,760
Subtotal
$
28,650
+5% Contingencies
1,440
$
30,090
+30% Legal, Engrng., Admin. 6 Bond Interest
9,030 •
TOTAL SERVICES ....................................
$
39,120
C. STORM SEWER
40 Lin.ft. 15" RCP Storm sewer in pl. @ $24.00/lin.ft. $ 960
2 Each Std. CB w/cstg. @ $850.00/each 1,700
1 Each Connect 15" RCP to existing MH @ $500.00/each 500
LUMP SUM Erosion control at east end Brentwood Lane @ $1,000/LS 1,000
40 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. 40 •
Subtotal $ 4,200
+5% Contingencies 210
$ 4,410
+30i Legal, Engrng., Admin. S Bond Interest 1,330
TOTALSTORM SEWER .................................. $ 5,740
Page 8.
6165d
3�
6165d
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
WINDTREE 7TH ADDITION
PROJECT NO. 477
No. of Total
Lots Cost/Lot Assessment
15 $1,538 $ 23,077
15 1,538 23,077
9 1,538 13,846
39 $ 60,000
15 $1,687 $ 25,312
15 1,687 25,312
9 1,687 15,186
39 $ 65,810
15 $1,003 $ 15,046
15 1,003 15,046
9 1,003 9,028
39 $ 39,120
15 $147 $ 2,208
15 147 2,208
9 147 1,324
39 $ 5,740
Page 10.
e/'
Parcel
Description
A. SANITARY SEWER
WINDTREE
7TH ADDITION
Lot 1-15,
Block 1
Lot 1-15,
Block 2
Lot 1-9,
Block 3
®
B. WATER
MAIN
WINDTREE
7TH ADDITION
Lot 1-15,
Block 1
Lot 1-15,
Block 2
Lot 1-9,
Block 3
"
C. SERVICES
WINDTREE
7TH ADDITION
Lot 1-15,
Block 1
Lot 1-15,
Block 2
Lot 1-9,
Block 3
D. STORM
SEWER
a.) Lateral
WINDTREE
7TH ADDITION
Lot 1-15,
Block 1
Lot 1-15,
Block 2
Lot 1-9,
Block 3
6165d
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
WINDTREE 7TH ADDITION
PROJECT NO. 477
No. of Total
Lots Cost/Lot Assessment
15 $1,538 $ 23,077
15 1,538 23,077
9 1,538 13,846
39 $ 60,000
15 $1,687 $ 25,312
15 1,687 25,312
9 1,687 15,186
39 $ 65,810
15 $1,003 $ 15,046
15 1,003 15,046
9 1,003 9,028
39 $ 39,120
15 $147 $ 2,208
15 147 2,208
9 147 1,324
39 $ 5,740
Page 10.
e/'
b.) Trunk
Total assessment = Area (S.F.) x Rate/S.F.
$30,890 = 617,803 S.F. x $0.05/S.F.
Parcel No. of Total
Description Lots Cost/Lot Assessment
WINDTREE 7TH ADDITION
Lot 1-15, Block 1 15 $792 $ 11,881
Lot 1-15, Block 2 15 792 11,881
Lot 1-9, Block 3 9 792 7,128
39 $ 30,890
E. STREET
WINDTREE 7TH ADDITION
Lots 1-15, Block 1 15 $3,930 $ 58,954
Lots 1-15, Block 2 15 3,930 58,954
Lots 1-9, Block 3 9 3,930 35,372
39 $153,280
Page 11.
6165d
•
0
SUMMARY
PRELIMINARY ASSESSMENT ROLL
WINDTREE 7TH ADDITION
PROJECT NO. 477
•
Page 12.
6165d
Total
Parcel
San.
Water
Storm
Sewer
Assessment
Description
Sewer
Main
Services
Lateral
Trunk
Street
Per Lot
WINDTREE 7TH ADDN.
Lots 1-15
Blk. 1
$1,538
$1,687
$1,003
$
147
$
792
$3,930
$9,097
Lots 1-15
Blk. 2
$1,538
$1,687
$1,003
$
147
$
792
$3,930
$9,097
Lots 1-9
Blk. 3
$1,538
$1,687
$1,003
$
147
$
792
$3,930
$9,097
•
Page 12.
6165d
4
5 6
.1 '0r 18
I@/
0 / 11
1 12 1 13 14 15
RO 19
71 100 20C
Graphic Scale in Feet
WINDTREE 7th ADDITION
SANITARY SEWER
PROJECT No. 477
EAGAN. MINNESOTA
BONESTROO, ROSENE, ANDERLIK
& ASSOCIATES, INC.
Engineers & Architects
St. Paul, Minn.
Date: July, 1986FIG. No. 1
Comm. 49397 T
OR E
V. V
(Q
Ex. SANIT R Ir. z
EWE
9
8
15Sr
7
NE 0 0
14
6
13
5
Lai
12
4
PROPOS D 8" VC
11
LU
S NITA Y SEW
S
3
Lw
2 2 3 5 6
7
B EN7W
8
3
LANE
4
5 6
.1 '0r 18
I@/
0 / 11
1 12 1 13 14 15
RO 19
71 100 20C
Graphic Scale in Feet
WINDTREE 7th ADDITION
SANITARY SEWER
PROJECT No. 477
EAGAN. MINNESOTA
BONESTROO, ROSENE, ANDERLIK
& ASSOCIATES, INC.
Engineers & Architects
St. Paul, Minn.
Date: July, 1986FIG. No. 1
Comm. 49397 T
0
WINDTREE 7th ADDITION
STORM SEWER
PROJECT No. 477
EAGAN, MINNESOTA
BONESTROO, ROSENE, ANDERLIK
& ASSOCIATES, INC.
Engineers & Architects
St. Paul, Minn.
Date: July, 1988FIG. No. 3
Comm. 49397
V�.
Ex. TORM 1
9
SE ER
8
15
N,7
NE
0
Sr
14
6
13
5
PROP
12
C�I
5 RCP
4
WINDTREE 7th ADDITION
STORM SEWER
PROJECT No. 477
EAGAN, MINNESOTA
BONESTROO, ROSENE, ANDERLIK
& ASSOCIATES, INC.
Engineers & Architects
St. Paul, Minn.
Date: July, 1988FIG. No. 3
Comm. 49397
4
or
♦'�S" ' •may
WINDTREE 7th ADDITION
TRUNK STORM SEWER ASSESSMENTS
PROJECT No. 477
EAGAN, MINNESOTA
•
BONESTROO, ROSENE, ANDERLIK
& ASSOCIATES, INC.
Engineers & Architects
St. Paul, Minn.
Date: July, 1988FIG. No. 5
Comm. 49397
•
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Eighteen
OF DRAINAGE AND UTILITY
B. Vacation of Drainage and Utility Easement - Lot 4, Block
1, Eagandale Center Industrial Park 6th Addition --On July 1,
the Council received a petition requesting the vacation of an
existing drainage and utility easement dedicated over the above -
referenced lot. With the development of Eagandale Center Industrial
Park 6th and 7th Additions and the related installation of storm.
sewer facilities, this drainage and utility easement, obtained
through a deed conveyance, is no longer necessary. Enclosed on
page $0 is a copy of the requested vacation. All notices
have been published in the legal newspaper and sent to all
potentially affected utility companies with no objections received
to date.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and approve/deny the vacation of the drainage and utility easement
as described over Lot 4, Block 1, Eagandale Center Industrial
Park 6th Addition.
4z9
m
\ o Z
a
r W/
•(R\ 7
\ 100
^� D A L E �\ � L_ I+v I L_ I, SCALE
\S`�9• The West line
r ^ R INDUSTRIAL
0
,Q/ r f— \ I \ to how °Dar
DRAI Ix
O UTI LITT �- V`4 O Denotes 11
_i- R
• / EPSEMEXT�\ /�\ ���T4 _ I R by Regietrr• •• L 11 � / n r� n__. ,
�� r•- n T n I r`� I f` ago I _ —51 —SO°04'45"E-396.09
�.
.59'U91s E I I
LOT I;% 1 �1
-•�-N�E ,` I8 DRAT
91,050 SOFT. EASEME
2.090 ACRES n^ Js69°m'04 c�-
<MAINAGE
e UTILITY ^
EASEMENT LOT 4CN
3 3
J
\> -' q
q 4� - 298,353 SQ.FT I co _ WISE I
N/e•�,I , °�• 6:849 ACRES I m ANO 10
E 'L f
Imo( `•— %` Y/�` � LINES
lr r'^1 r't'C \`h9.?\� y X]•OT'31'E See•g9'GE•E 1\'�/l��/. `—' I 1
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\ c5 �__ZyZ sy• _741.97 __� So oa a5•e- COURT 0.014 ACRES
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\ gFPpryF°9 I f�� I .
_` 1^� /^� 1oi.{pl1•� P°yA�y'�'S Ir 1r-'r1
aP� �
256,540 SQ. FT. y V000
a� `$ 5.89 ACRES I i M`
L T 2 3
LO T 4 3 � 8I3
21 210
i
_rll n c r
In Ir I Ir / I rf ���i,I\
I•.♦) N 296r392SQ.FT. fgsfafu n_ m ti s9.\\ I m
- Gan A(',RFS 1 ar I -�' ? I .��0 �\ Ito
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Nineteen
VACATION OF PONDING EASEMENT/LEMAY LAKE HILLS'ADDITION
C. Public Hearing for Vacation of Ponding Easement in Lemay
Lake Hills Addition --In the early 70's, Martin Shields dedicated
by way of a deed conveyance, a ponding easement for the major
portion of Lemay Lake which is incorporated within the recently
platted LemayLake Hills Addition. Similar to the Holmes Addition,
this underlying ponding easement should be formally vacated. to
minimize any problem associated with future title searches. On
July 1, 1986, the Council formally released .all interests in
this easement to allow the plat to be recorded, subject to comple-
tion of this formal public hearing vacation process. Comparable
• drainage, ponding and utility easements have been dedicatedas
a part of the final plat for the Lemay Lake Hills Addition,.
Enclosed on page 59i is a copy of the ponding easement proposed
to be vacated.
All notices have been published in the legal newspaper and sent
to all potentially affected utility companies with no objections
received to date.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and approve/deny the vacation of the ponding easement as described
within the Lemay Lake Hills Addition.
S1
•
171
LEMAY LAKE HILLS
'PA�K
4 y
I
Agenda Information Memo
August 5, 1986„ City Council Meeting
Page Twenty
AMENDMENT/COMPRI HOTEL ACTION
A. Amendment to Eagandale Office Park 4th Addition/Compri Hotel --
A letter requesting an amendment to the July 15, 1986 approval
of the Eagandale Office Park 4th Addition is being requested
by the Opus Corporation. The Opus Corporation is asking that
the final plat for the Compri Hotel/Restaurant Development, showing
the restaurant lot as an outlot,,be revised and shown as a separate
lot. For a copy of the request submitted by the Opus Corporation,
• please' refer to a letter that was received from Bob Worthington
and is referenced as pages 15a through _5S
•
The Planning Department has reviewed the request and will provide
some comments in a special memo to be distributed Monday with
the Administrative Agenda.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amend-
ment to the final plat for the Compri Hotel/Restaurant Development
that shows the restaurant lot as a separate lot as opposed to
an outlot.
1%
00§ OPUS CORPORATION
®` DESIGNERS -BUILDERS. DEVELOPERS
July 24, 1986
Mr. Thomas L. Hedges
City Administrator
3830 Pilot Knob Road
P.O. Box 21199
Eagan, Minnesota 55121
Re: Eagandale Office Park 4th Addition/Compri Hotel
Dear Tom:
® Opus Corporation would appreciate having the Council consider a minor
amendment to their favorable action of last Tuesday evening on our
Compri Hotel and restaurant complex at Pilot Knob and Corporate Center
Drive.
As you recall, the Council approved our request for PUD -RB rezoning, a
conditional use permit to allow for the hotel to be six stories in
height, the site plan, and preliminary plat for the hotel at that
meeting. They also approved changing the city comprehensive plan to
accommodate the hotel/restaurant use through the rezoning. Our problem
is that the Council requested that we create an outlot for the
restaurant site adjoining the hotel. This action was taken in
anticipation that the restaurant site would require further rezoning and
comprehensive plan amendment consideration in the future.
® After discussing this matter with Dale Runkle it appears that we can
construct a restaurant on the outlot site without rezoning the property
or further amending the comprehensive plan. Restaurants are permitted
uses in the L-1 Industrial district which is the current zoning on the
subject property. Further, if Compri decides to attach the restaurant
to the hotel to take advantage of utilizing one liquor license for the
hotel and restaurant, a replatting would not be required if the
restaurant site is recorded as a separate Lot. This would save time and
expense in the future because a simple lot combination would be
initiated to achieve that objective. Finally, we intend to construct
some of the parking and access for the hotel on the restaurant site. It
would be far more comforting to the Compri management and Northwestern
Mutual Life Insurance, the land owner., if any development obligations
for those improvements were assignable through a recorded lot as opposed
to an outlot.
For all of the above reasons, Opus Corporation requests that the Council
allow us to proceed with the final plat for the hotel/restaurant
development showing the restaurant lot as a separate lot as opposed to
an outlot.
tri
OPUS AND AFFILIATES IN MINNEAPOLIS • CHICAGO • PHOENIX • MILWAUKEE • TAMPA • PENSACOLA
EXECUTIVE OFFICES: BOO OPUS CENTER • 9900 BR EN ROAD EAST • P0. BOX 150 • MINNEAPOLIS, MINNESOTA 55440 (612) 936-4444
Mr. Thomas L. Hedges
July 24,1986
Page 2
Could you ask the City Council at their next regular meeting to consider
amending their preliminary plat approval for the property to allow for
this change? Thank you.
Sincerely,
l�G�'ic�
Robert A. Worthing n, AICP
Executive Director—Governmental Affairs
RAW: jo
,55
®PUS CORPORATION
40
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Twenty -One
PROPOSED GAMBLING REGULATION CHANGES
B. Proposed Policy Changes for Gambling Regulations and Practices --
At the July 15, 1986 City Council meeting, direction was given
to review, and compare the City of Eagan's charitable gambling
policy with the policy/ordinance that is used by the city of
Janesville. The City Clerk's office has prepared a report, a
copy is attached on pagesthrough /,j , that outlines procedure
for adopting gambling regulations, a list of applications or
record in the City and comparisons of the proposed policy with
the previous City Code provisions. On the advice of Municipal
Ordinance Codifiers, Incorporated, the gambling licensing section
of the City Code was repealed as part of the recent update.
The only reference to gambling in the Code lists it as a prohibited
activity in establishments having liquor licenses except as licensed
by the Charitable Control Board and by established City policy
(new Section 5.15).
City Councilmember Ellison has prepared a proposed charitable
gambling policy that suggests the following goal: "'set a policy
insuring that charitable gambling in Eagan is conducted by Eagan
non-profit organizations and that the proceeds from that gambling
are used for the betterment of our community." The method outlined
in Councilmember Ellison's proposal attached on page (.7-- would
provide greater assurances that any proceeds received from a -
gambling activity would be returned to the community in the form
of community betterment.
• It is suggested that the City Council review the proposed policy
prepared by City Councilmember Ellison, report as prepared by
the City Clerk's office, and provide some direction regarding
a proposed amendment to the City Code or new policy on. gambling.
ACTION TO BE CONSIDERED ON THIS ITEM: To provide direction to
the City Attorney's office to prepare an amendment to the City
Code provisions on gambling regulations,.incorporating suggested
requirements as set forth in the proposed policy revisions by
City Councilmember Ellison.
d4
TO: CITY CLERK VAN OVERBEKE
FROM: ADMINISTRATIVE ASSISTANT WITT
DATE: JULY 22, 1986
SUBJ: GA14BLING REGULATIONS AND PRACTICES
The following is a report of gambling in Eagan as regulated by the State
Charitable Gambling Board; how it has been regulated in Eagan and the
proposed Eagan gambling policy.
I. The Charitable Gambling Board is authorized to issue, revoke and
suspend licenses to organizations and suppliers. The Board adopts rules
governing all lawful gambling in the state.
The applicant must meet qualifications and have lawful purpose. The
licenses are valid for a year and may be suspended for any violation of
any law or rule.
® Exemptions are: .
Bingo, if conducted with county or state fair or civic celebration event:
if not more than 12 consecutive days a year
if conducted by organization having four or fewer bingo sessions a year.
Raffles, with the prize money not to exceed $750. All prizes must be valued
at the fair market price.
II. Procedure.
To conduct lawful gambling an organization must:
Have been in existence for at least three years.
Have at least 15 active members
Have a license from the State Gambling Board
Comply with State Statutes regulating gambling (Chapter 349)
Application -.State gambling board (A sample application is attached.)
® There must be separate applications filed for each gambling site
A bonded gambling manager must supervise the gambling activity
There are three classes of licenses which may be applied for:
A - Bingo, raffle, paddlewheels, tipboards and pull -tabs
B - Raffle, paddlewheels, tipboards and pull -tabs
C - Bingo only
The organization must maintain records of all gambling activity
Application - Local governing board
A copy of the application must be delivered to the local governing body.
If the local governing body adopts a resolution disapproving the license
and informs the state board within 30 days, the state board may not
issue or renew the license.
A City can adopt more stringent regulations including:
Prohibition of all lawful gambling
Require a permit from any organization which is exempt from the
the state board's licensing requirement.
GAMBLING APPLICATIONS IN EAGAN
1985-1986
Name of Organization
Date approved
Type of gambling
St. John Neumann
February 15,1985
Bingo
Lions Club
February 23, 1985
Raffle
Knights of Columbus
March 29, 1985
Bingo
Optimist Club
April 1, 1985
Raffle
Lions Club
April 13, 1985
Class B
Lions Club
January 21, 1986
Class B
Osman Shrine
April 1, 1986
Class A
Eagan Hockey Assn
June 17, 1986
Pull tabs
DENIED
National MS Society March 19, 1985 Class B
The gambling was to be conducted at the Valley Lounge Bar and Restaurant.
The application was denied due to the inability to police an ongoing
daily gambling activity. There was a question as to whether the MS Society
had a full-time gambling manager. There was also a question as to whether
the owner of Valley Lounge would participate in the gambling operation.
Note: The state statutes say it is okay to conduct raffles and pull -tabs
in a location where liquor is sold.
State statutes say there need not be specific reasons for a local
governing body to deny, but the gambling board has to be notified
within the 30-day.time frame.
6
�g
40
40
COMPARISONS OF PROPOSED POLICY WITH PRESENT ORDINANCE
PROPOSED
Non-profit
31 membership live/work in Eagan
40 active members
80% net profit for local use
Premises owned by eligible organization
Premises have on -sale liquor license
Gambling on leased premises separate
from bar area
Gambling sales by organization member
® No owner or employee of leased premises
may sell
Minimum age for gambling the same as
for drinking
PRESENT
Non-profit
Not addressed
15 (state statute)
Profits are to be used for
lawful purpose
Premises owned by eligible organization
Not 444V444$4 Allowed Sec. 5.52 subd.4
Not addressed
Not addressed
Not addressed
Not addressed
Question: Will a revised ordinance address items currently in the Eagan
Ordinance i.g.', Definitions, application process and license regulations
and restrictions?.
The following items are from the Janesville Ordinance and were not addressed
in the proposed policy.. Should they be?
Hours of operation
• Allowed on Sundays and holidays
Permit fee
Investigation fee
Compensation to operators
3
_!5Y
Eagan Ordinance says $25/week max.
P1 Minnesota Charitable Gambling Control Board FOR BOARD USE ONLY
�,. r� g
�;3L_3' 900 Summit State Bank Building
310 4th Avenue South
Minneapolis, MN 55415
(612) 341-7676
GAMBLING LICENSE APPLICATION
(Class A, B, or C)
i
INSTRUCTIONS: 1. PRINT OR TYPE.
� 2. Bring completed application to local governing body, obtain signature and date on all copies,
/ and leave goldenrod copy. Applicant keeps pink copy and sends remaining copies to above
address.
Type of Application:
❑ Class A - Fee $100.00 (Bingo, Raffles, Paddlewheels, Tipboards, Pull -Tabs)
❑ Class B - Fee $ 50.00 (Raffles, Paddlewheels, Tipboards, Pull -Tabs)
❑ Class C - Fee $ 50.00 (Bingo only)
Make checks payable to: Minnesota Charitable Gambling Control Board.
Applicant (Official, legal. name of organization)
Business Address
City, State, Zip
County
Business Telephone Number
Federal I.D. Nuober
Type of Organization
❑ Faternal ❑ Veterans
❑ Religious ❑ Other Nonprofit Organization
Type of Organization Charter
❑ International ❑ National ❑ State
Number of Years in
Number of Articles of
Existence (in Minnesota)
Incorporation (if incorporated)
Location Where Articles are Filed
'Yes
No
1. Does organization have a dues structure?
If yes, number of active members
.2. Has organization been previously licensed
by the Board? If yes, give date
essorame (it lease or rent
Address
. Has license ever been denied, suspended
Gambling Manager Name
Address
or revoked? If.yes check all that apply:
The $10,000 fidelity bond required by Minnesota
Statutes 349.09 has been obtained.
❑Denied ❑ Suspended ❑ Revoked
4. Is organization exempt from payment of
U.S. income tax? If yes, attach copy of
letter declaring exemption.
5. Is organization tax exempt from payment
of Minnesota tax? If yes, attach copy of
letter declaringexemption.
Site Address
City, State, Zip
County
Yes
No
Are all gambling activities conducted at
the above site? If no, complete a sepa-
rate application form for each site as a
separate license is issued ,for each site.
2. Is site located within city/town limits?
3. Does organization own the site where
gambling activity will be conducted? If
no, attach copy of the lease for the
site.
essorame (it lease or rent
Address
City, State, Zip
Gambling Manager Name
Address
City, State, Zip
The $10,000 fidelity bond required by Minnesota
Statutes 349.09 has been obtained.
Company Name Bond Number
Name.of Organization's Officers and Titles
a.
C.
b.
d.
CG -00001-01 (12/84) 66 Continued on Page 2
-2 -
Minnesota Charitable Gambling Control Board
GAMBLING LICENSE APPLICATION
(Class A, B, or C)
GAMBLING SITE AUTHORIZATION
By my signature below, local law enforcement officers or agents of the Board are hereby
authorized to enter upon the site, at any time gambling is being conducted, to observe
the gambling and to enforce the law for. -.any unauthorized,game or practice.
BANK RECORDS AUTHORIZATION
By my signature below, the Board is hereby authorized to inspect the bank records of the
General Gambling Bank Account whenever necessary to fulfill requirements of current gambli
rules and law.
OATH
I hereby declarc thct
R. I have read this application and all information submitted to the Board;
2. All information submitted is true, accurate, and complete;
3. all other required information has been fully disclosed;
4. I am the chief executive officer of the organization;
5. I assume full responsibility for the fair and lawful operation of all activities to be'
conducted;
6. I will familiarize myself with the laws of the State of Minnesota respecting gambling
and rules of the Board and agree, if licensed, to abide by those laws and rules,
including amendments thereto.
Official, Legal Name of Organization
Must be signed by Chief Executive Officer)
Title
Date
ACKROWLEDGEMENT OF NOTICE BY LOCAL GOWERNING BODY
I hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I
admit having been served with notice that this application will be reviewed by the
Charitable Gambling Control Board and if approved by the Board, will become effective 30
days from the date of receipt (noted below), unless s resolution of the local governing
body is passed which specifically disallows such activity and a copy of that resolution is
received by the Charitable Gambling Control Board within 30 days of the below noted date.
Name of Local Governing Body
Signature of Person Receiving Application
Date Received (This is date from which the
approval begins)
ORGANIZATION
Name of Representative for Gambling License Applicant
(serving notice)
CC -00001-01 (12/84) White - Board Canary - Boar ink - Applicant Goldenrod - Governing
.. (data en tr 0 Body
k
PROPOSED CHARITABLE GAMBLING POLICY
FOR THE CITY OF EAGAN
GOAL: Set a policy ensuring that charitable gambling in Eagan is conducted by
L Eagan non-profit organizations and that the proceeds from that gambling
are used for the betterment of our community.
METHOD: 1) Require that organizations receiving charitable gambling licenses
be non-profit groups, and show that at least half their members either
work or reside within the City of Eagan (zip codes 55121, 55122 or
55123). Require such organizations to have at least 40 active members.
2) Require that applicants pledge (and later verify) that 80 percent
of the net proceeds collected from charitable gambling be used to sup-
port recreational, civic or cultural programs benefiting the citizens
of Eagan.
3) Require that gambling to be done only in the premises owned by eli-
gible approved organizations, or on the premises of an establishment
having a liquor license issued by the City of Eagan. •
4) Require gambling within leased premises to be separate from the bar
or service area, and do not allow sale of liquor within the leased
area. Require that the sale of gambling paraphernalia be made by an
active member of the conducting organization, or its auxiliary.
Prohibit an owner or employee of the leased space from selling gambling
paraphernalia while on duty.
` 5) Require the minimum age for charitable gambling to be the same as
the minimum age for drinking intoxicating liquor.
REASON: 1) There is only a limited amount of revenue to be derived from chari-
table gambling in Eagan, and organizations with a base in the city
should have first claim on those dollars. Placing a minimum membership
at 40 people will stop fly-by-night groups from coming in and setting
up shop.
2) Persons who participate in charitable gambling should have some
assurance that their contributions are going toward worthwhile causes.
Earmarking the great majority of revenue toward community projects
should allay those fears.
3) By putting charitable gambling operations in locations dependent
upon city licensure, the city will maintain better control over the
activities.
4) Bartenders shouldn't be selling pull -tabs, even if they belong to
the approved non-profit group. That turns the bar into a casino.
Gambling paraphernalia should only be sold in separate leased areas by
club members. Requiring the club to supply sellers will reduce the
amount of casual gambling.
5) We don't want minors frequenting our bars.
--30--
62,
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Twenty -Two
GAMBLING LICENSE/MS SOCIETY AT VALLEY LOUNGE
A. Approval for Gambling License at Valley Lounge by National
MS Society --The National MS Society has submitted an application
for gambling to be conducted at leased space from the Valley
Lounge. The applicant is identified as the National MS Society;
Minnesota North Star Chapter, 2344 Nicollet Avenue, Minneapolis,
55404. For a copy of their application, refer to pages
through &5 .
• At the March 19, 1985 City Council meeting, a class B gambling
license was denied for the National MS Society. Action at that
meeting was recorded as follows: "An application has been received
from the National MS Society, Minnesota North Star Chapter, through
the Minnesota State Gambling Board for a class B gambling license
to be located in the. Valley Lounge on Highway 13. It was noted
that the request was for an ongoing application for a gambling
license. Councilmembers questioned whether there is a 90 day
moratorium in effect regarding applications through the state
board. After discussion, Thomas moved, Egan seconded the motion
that the City Council recommend denial of the application based
upon what the Councilmembers understood as the criteria for
qualifications under the state law and further, it is the under-
standing of the City that the application shall be submitted
only through the municipality until June 1, 1985 and further;
that the application was for an ongoing license without any indica-
tion, specifically as to the method of policing the applicant
• in the location proposed for the license." All members voted
in favor.
Enclosed on page &o is a letter from the National MS Society
for review by the City Council. Also enclosed without page number
is a copy of the Northstar Review publication and a brochure
on the MS Volunteer Services Program. The City Administrator's
office was asked to distribute this information to the City Council
for review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
gambling, license at Valley Lounge as sumitted by the National
MS Society.
63
FOR BOARD USE ONLY
Charitable Gambling Control Bd
Rm N-475 Griggs -Midway Bldg
1821 University Avenue
St. Paul, 'MN 55104-3383
GAMBLING LICENSE APPLICATION
(Class A, B,. or 0
INSTRUCTIONS: 1. PRINT OR TYPE.
2. Bring completed application to local governing body, obtain signature and date un all copies,
and leave goldenrod copy. Applicant keeps pink copy and sends remaining copies to above
address. I
3. Changes in application information must be submitted within 10 days after the chane..
Type of Application:
❑ Class A - Fee $100.00 (Bingo, Raffles, Paddlewheels, Tipboards, Pull -Tabs)
® Class 8 - Fee S 50.00 (Raffles, Paddlewheels, Tipboards, Pull -Tabs)
❑ Class C - Fee S 50.00 (Bingo only)
Make checks payable tn: Minnesota Charitable Gambling Control Board.
plicant (official, legal name of organization)
at'l MS Society, MN North Star Chapter
Business Address
2344 Nicollet Avenue
City, State, Zip
Minnea olis MN 55404
County
Hennepin
Business Telephone Number
Federal I.D. Number
(612 1 870-L
1 41-079-0658
Type of Organization
❑ Fraternal ❑ Veterans
❑ Religious ® Other Nonprofit Organization
Type of Organization Charter
❑ International ® National ❑ State
Nimner of Years in
Number of Articles of
Existence (in Minnesota)
Incorporation (if incorporated)
32 years
19
lor"ation Where. Articles are Filed
New York
Yen
No
1. Does organization have a dues structure?
X
number of active members 1300n
no, attach copy of the lease for the
. Has organization been previously licensed
X
by the Board? If yes, give date 1985
site.
Lessor Name (if lease or rent
. Has license ever been denied, suspended
i
City, State, Zip
or revoked? If yes check all that apply:
Gambling Manager Name "
X
❑Denied ❑ Sus ended ❑ Revoked
2344 Nicollet Avenue
City, State, Zip
4. Is organization exempt from payment of
The $10,000 fidelity bond required by Minnesota _
Statutes 349.20 has been obtained.
U.S. income tax? If yes, attach copy of
X
letter declaring exemption.
Is organization tax exempt from paymenlor
15.
of Minnesota tax? If yes, attach copy
X
letter dnclarin exemption.
Si33 rens
City, State, Zip
County
Kingsley H.
Yes
No
1. Are all gambling activities conducted at
J. Wood, Treasurer
b. David Speer,
the above site? If no, complete a sepa-
Joanne
rate application form for each site as a
X
separate license is issued for each site.
2. Is site located within city/town limits?
3. Does organization own the site where
gambling activity will be conducted? If
no, attach copy of the lease for the
X
site.
Lessor Name (if lease or rent
Address
i
City, State, Zip
Gambling Manager Name "
Willard M. Munger, Jr.
Address
2344 Nicollet Avenue
City, State, Zip
Minneapolis, MN 55404
The $10,000 fidelity bond required by Minnesota _
Statutes 349.20 has been obtained.
Company Name Bond Number
Fidelity & Depositors 9882268
CG-OOn01-01 (12/84) (Pq- Continued on Page 2
Name of Organization's Officers and
Titles
Kingsley H.
Murphy, Jr.,
Chair
c. Jeffrey
J. Wood, Treasurer
b. David Speer,
Vice Chair
Joanne
Levin, Secretary
CG-OOn01-01 (12/84) (Pq- Continued on Page 2
-2 -
Minnesota Charitable Gambling Control Board GAMBLING LICENSE APPLICATION
(Class A, B, or C)
GAMBLING SITE AUTHORIZATION
By my signature below, local law enforcement officers or agents of the Board are hereby
authorized to enter upon the site, at any time gambling is being conducted, to observe
the gambling and to enforce the Law for any unauthorized game or practice.
BANK RECORDS AUTHORIZATION
By my signature below, the Board is hereby authorized to inspect the bank records of the
General Gambling Bank Account whenever necessary to fulfill requirements of current gemblin
rules and law.
OATH
1 hereby declare that
1. I have read this application and all information submitted to the Board;
2. All information submitted is true, accurate, and complete;
3. all other required information has been fully disclosed;
4. I am the chief executive officer of the organization;
S. I assume full responsibility for the fair and lawful operation of all activities to be
conducted;
6. 1 will familiarize myself with the laws of the State of Minnesota respecting gambling
and rules of the Board and agree, if licensed, to abide by those laws and rules,
including amendments thereto.
Official, Legal Nome of Organization
Nat'l MS Society, MN North Star Chapter
Signature (Must be signed by Chief Executive Officer)
Title
Executive Director
Date
T.
ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY
I hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I
admit having been served with notice that this application will be reviewed by the
Charitable Gambling Control Board and if approved by the Board, will become effective 30
days from the date of receipt (noted below), unless a resolution of the local governing
body is passed which specifically disallows such activity and a copy of that resolution is
received by the Charitable Gambling Control Board within 30 days of the below noted date.
Signature of Person Receiving Application
.-i/
--
_
ORGANIZATION
Date Received
This is date
from which
the 30 day
Name of Representative for Gambling License Applicant
approval begins)
— _
3/1
(serving notice)
CG -00001-01 (12/84)
White -
Board
lO v
National Multiple Sclerosis Society
Minnesota North Star Chapter • 2344 Nicollet Avenue,* Minneapolis, Minnesota 55404
Telephone (612) 870-1500
Toll-free 1-800-582-5296
EXECUTIVE COMMITTEE
Chairperson
-
Kingsley H. Murphy, Jr.
'
Vice Chair
July 24, 1986
David speer
Treasurer
Jeffrey J. Wood
n 3 Secretary
J U L
:� !; v .J Joanne Levin
Thomas Hedges
Past Chair
Judith Fletcher
City Administrator
Stanley; Nelson
3830 Pilot Knob Road
Executive
Jr.
• Eagan, MN 55122
Munger.
Dear Mr. Hedges:
The Multiple Sclerosis Society desires approval to conduct
charitable gambling in the Valley View Lounge at 3385 Sibley
Highway.
Our method of operation is to rent space in the bar for a fixed
amount per month. We manage and staff our pull tab booth with
our own employees. Expenses are tightly controlled by the
state with 40% expense allowed. The remaining 608 of revenue
after prize payment is expended on services for MS patients and
other handicapped individuals.
® Enclosed are information pamphlets on services provided by the
MS Society.
I will be present at the August 5, 1986 meeting to answer any
questions that may arise. It would be appreciated if I could be
on the agenda immediately after the discussion on gambling.
If you have any questions before the meeting, please feel free
to call me at 559-5629.
Sincerely,
Sharon A. Grigel
Area Manager
cc: Wayne Novak
Gaming Manager
M01
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Twenty -Three
ON -SALE WINE'LICENSE - CHARLIE CHEN'S RESTAURANT
B. On -Sale Wine License, Charlie Chen's Restaurant, 1989 Silver
Bell Center --An on -sale wine license application was submitted
by Charles Chen for Charlie Chen's Restaurant located at 1989
Silver Bell Shopping Center. For a copy of the Police Department
report refer to page The application is also enclosed
without page number.
67
ACTION TO
BE CONSIDERED ON THIS
ITEM: To approve
or deny the
on' -sale wine
license application
as submitted by
Charles Chen
®
for Charlie
Chen's Restaurant.
67
o■
3830 Pilot Knob Road
Eagan, Minnesota 55122
police department
July 23, 1986
TO: Thomas L. Hedges, City Administrator
FROM: Patrick J. Geagan, Admn. Captain
JAY M. aERTHE
PATRICK J. GEAGAN
Adminlnmlv.UP.1n
KENNETH D. ASZMANN
OP..don P.p n
SUBJECT: INVESTIGATION OF THE APPLICATION FOR ON -SALE
WINE LICENSE (CHARLIE CHEN'S RESTAURANT)
The Eagan Police Department has investigated the appli-
cation for a on -sale wine license at Charlie Chen's Res-
taurant, 1989 Silver Bell Center, Eagan. As you are aware,
the restaurant currently has a 3.2 license and is cur-
rently in operation. Eagan investigarors have spoken with
Mr. Chen's landlord and references and find no reason to
deny his application.
The police department has not experienced any problems
with the license holder and his current 3.2 license since
he has been in operation.
Pat
PG/kg
cc Liz Witt
IL
i
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
•
•
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Twenty -Four
SPECIAL PERMIT/ALL AMERICAN SELF STORAGE
C. Special Permit to Allow Directional Sign Along Highway 13 for
the All American Self Storage --An application was submitted to
the City by Village Builders requesting a Special Permit to allow
a locational sign and an "arrow" for the existing pylon sign for
the All American Self Storage located on Highway 13. For
additional information ori this item referred to the Planning
Department report, a copy is enclosed on pages �- through
T'
ACTION TO BE CONSIDERED ON THIS ITEM.
Special Permit to allow a directional
All American Self Storage..
To approve or deny the
sign along Highway 13 for
CITY OF EAGAN
SUBJECT: SPECIAL PERMIT
APPLICANT: VILLAGE BUILDERS (ALL-AMERICAN SELF STORAGE)
LOCATION: LOT 2, BLOCK 2, CEDAR INDUSTRIAL PARK
EXISTING ZONING: L-1
DATE OF PUBLIC HEARING: AUGUST 5, 1986
DATE OF REPORT: JULY 28, 1986
REPORTED BY: PLANNING DEPARTMENT
® APPLICATION: An application has been submitted by Village Builders
requesting a special permit to allow a locational sign and an
'arrow' for the existing pylon sign for the All American Self
Storage along Highway 13.
COMMENTS: The existing 72 S.F. pylon sign for this facility
was approved on January .21, 1986. The sign is located near the
S.W. portion of this 2.8 acre site. There is approximately 670
S.F. of frontage along Highway 13 but the only access to the
mini storage is through a 40' road easement connecting to Shawnee
Road in front of LaFondas.
The applicant wishes to -add a 25 S.F. arrow to the existing sign,
pointing to the Shawnee entrance, and construct a 4' X 8' interior
lighted ground sign facing Highway 13 at that location. This
sign will be in the 40' road easement. Code permits signs to
®be 7' tall but due to the height of the grass and the side slope,
an 8.5' height is desired.
The existing sign would have 97 S.F. of total signage. The arrow
and the new 32 S.F. sign will be subject to the 2.50 S.F. sign
fee.
If approved,the specialpermit shall be subject to:
1)
The
height
be determined by the
City Council.
2)
All
other
applicable ordinances.
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Agenda Information Memo
August 5, 1986, City Council Meeting
Page Twenty -Five
SPECIAL PERMIT/TEMPORARY CHURCH USE
LIGHT INDUSTRIAL DISTRICT
D.- Special Permit to Allow for Temporary use of a Church in an
LI District --An application was submitted to the City requesting
a Special Permit to allow the South Minneapolis Christian Church
a temporary use in an existing office/warehouse facility. The
• location is 3586 Kennebec Drive located in the Cedar Industrial
Park.
•
For additional information on this item refer to thePlanning
Department report. A copy is enclosed on pages -fyesI through
-77--
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny this
Special Permit for a temporary use as requested by the South
Minneapolis Christian Church.
73
CITY OF EAGAN
SUBJECT: SPECIAL PERMIT
APPLICANT: SOUTH MINNEAPOLIS CHRISTIAN CHURCH
LOCATION: CEDAR INDUSTRIAL PARK R.L.S.
PART OF TRACT F
EXIST114G ZONING: L - 1
DATE OF PUBLIC HEARING: AUGUST 5, 1986
DATE OF REPORT: JULY 29, 1986
REPORTED BY: PLANNING DEPARTMENT
®APPLICATION An application has been submitted requesting a special
permit to allow South Minneapolis Christian Church temporary
use of an existing office/warehouse facility. This building
is located at 3586 Kennebec Drive in the Cedar Industrial Park.
COMMENTS: The applicant hopes to use this building for 1-2 years
until a permanent structure can be built. The building, owned
by Larry Wenzel, has ,nine other users and each has been noticed
of the proposed use. . On site parking for approximately 60 cars
will be provided. The office space will be converted to a
ry nursery/sunday school and the warehouse into a 2200 S.F. assembly
area. An emergency exit is provided at the back of the building.
All remodeling changes will need to be approved by the City's
Inspection Department.
If a sign is placed above the entry it will be subject to the
® one time sign fee of $2.50/S.F.No off-site signage is proposed.
If approved, this special permit shall be subject to all applicable
ordinances.
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Agenda Information Memo
August 5, 1986, City Council Meeting
Page Twenty -Six
WOODRIDGE APARTMENT PROJECT/
AMENDMENT TO HOUSING REVENUE BOND ISSUE
E. Woodridge Apartment Project/Request for a Change in Type of
Rentals to be Offered Within the Housing Project --The City has
received a request from Steve Wolson of the Brutger Companies
relating to the Woodridge Properties Housing Bond Revenue
• Project. This Project is located in Section 9 adjacent to
Coachman Road. The amendment requested by the Brutger Companies
provides for a change in the type of rentals providing for rent
of at least 75% of the units to moderate income persons,
including 208 to lower income tenants or provision for rental of
each unit in the Project at a rent affordable by moderate income
persons with 208 of the units rented to lower income tenants.
This Revenue Bond Issue was part of a joint sale with other
communities including the cities of St. Paul and Crystal. The
City of Crystal has authorized the change in rental policy as
requested. For additional information on the documents and
changes that are being requested refer to the City Attorney's
letter enclosed on page The City Attorney has reviewed all
documents and find -them To -"be in order for consideration.
ACTION TO BE CONSIDERED ON THE MATTER; To approve or deny the
• Woodridge Apartment Project request for change in type of rentals
to be offered within the housing project.
EAUGE, EIDE & KELLER. P.A.
ATTORNEYS AT LAW
WATER VIEW OFFICE TOWER. SUITE 303
1200 YANKEE DOODLE ROAD
EAGAN. MINNESOTA 55123
PAUL H.
HAUGE
KEVIN W.
EIDE
DAVID G.
KELLER
LORI M.
BELLIN
MICHAEL J. MAYER
Mr. Thomas Hedges
Eagan City Administrator
3830 Pilot Knob Road
Eagan, MN 55121
July 28, 1986
AREA CODE 612.
TELEPHONE. 456.8000
454.4224
RE: Woodridge Apartment Project
® 1985. Variable Rate Demand Rental Housing Development Revenue Bonds
Dear Tom:
I have received two sets of material from Steve Wilson of the Brutger
Companies relating to the Woodridge Properties Housing Revenue Bonds. As you
know, they are requesting an amendment that in essence provides for a change
in the type of rentals providing for rent of at least 75% of the units to
moderate income persons, including 20% to lower income tenants or provision
for rental of each unit in the project at a rent affordable by moderate income
persons with 20% of the units rented to lower income tenants.
I am enclosing three sets of materials:
1. A letter from Dorsey 6 Whitney as bond counsel, giving their opinion that
the amendment will not affect the opinion of the bond counsel deliveredat
the date of the issuance of the bonds originally in 1985. You will note
that they do not express an opinion as to any pending federal legislation
or any omissions, etc.
2. A Certification of Amendment or Termination or Deletion of Covenants which
is a certificate to be signed by all parties involved other than the City
of Eagan.
3. First Amendment to Regulatory Agreement which should be signed by the City
including all of the other affected parties.
I would suggest that you schedule the issue before the City Council for
approval and that the City not sign the documents until specifically requested
to do so, and to make certain that all other parties have also executed the
documents properly.
Very truly yours,
HAUGE, EIDE h KELLER, P.A.
Paul H. Hauge
PHH:ras
Enclosure
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Twenty -Seven
REZONING/FREDERICK DELOSH
F'. Frederick De Losh for Rezoning of '13.45 Acres from R-1 to
Agricultural --A public hearing was field by the Advisory Planning
Commission at their July 29 meeting, to consider an application
submitted by Frederick De Losh of 2882 Sibley Hills Drive, request-
ing a rezoning of 13.45 acres from R-1 to Agricultural, located
west of Highview Park. The APC is recommending denial of the
rezoning. For additional information on this item, refer to
the Planning Department report, a copy is enclosed on pages g�
through 0-. For a copy of the APC action, refer to page(s)91$$.
• ACTION TO BE CONSIDERED ON THIS ITEM: To
rezoning for Frederick De Losh from R-1
approve or deny the
to Agricultural.
i
CITY OF EAGAN
SUBJECT: REZONING
APPLICANT: FREDERICK DE LOSH
LOCATION: SE 1/4 OF SECTION 4
EXISTING ZONING
DATE OF PUBLIC HEARING:
R-1 (SINGLE FAMILY)
JULY 29, 1986
DATE OF REPORT: JULY 18, 1986
REPORTED BY: PLANNING DEPARTMENT
APPLICATION: An application has been submitted by Frederick
® DeLosh of 2882 Sibley Hills Drive, requesting a rezoning of
13.45 acres from R-1 (single family) to A (agricultural) located
west of Highview Park in Section 4.
BACKGROUND: Mr. De Losh met with City Staff earlier this year
to determine whether horses would be permitted on the subject
parcel if it were sold in the future. Horses are not permitted
in R-1 districts except by non -conforming use regulations.
The City zoning maps show this area R-1 as long ago as January,
1964 but there are no rezoning files detailing when the change
from A to R-1 took place.
Mr. De Losh has had astable on the site since 1956 (building
permit is on file) and kept horses until quite recently. Either
a conditional use permit or rezoning to an agricultural district
will be necessary to allow horses on site in the future. This
®item was scheduled for informal discussion at a recent City
Council meeting to determine which option would be best. The
Council recommended the rezoning which would also insure a public
hearing.
CONDITIONS:
1. If this rezoning is approved and the lots
a minimum of 5 acre lots would be required to
2. All other applicable ordinances shall be adhe:
R
are ever subdivided,
keep horses.
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�c. DE los>a
.2882 SIVEY Hwy, 5�
EAGtAN • Ed-wa m, 5!; .ie
Date: Dece7ver 13. 1974
.Rag. No. 1612
APC Minutes
July 29, 1986
EAGANDALE OFFICE CENTER - PHASE TWO - SITE PLAN REVIEW
A site plan review for Eagandale Office Center, Phase Two, located in the
northwest quarter of Section 3, in the northeast quadrant of Pilot Knob Road
and Avalon Avenue was next convened by Chairperson McCrea. Mr. Runkle
introduced the application. Mr. David Hunt, project manager for Opus, was
present to represent the applicant. No appearances were made on behalf of the
public. Discussion centered around the fact that the parking area consisted
of 315 parking spaces versus the 380 required under the ordinance. City
Planner Runkle advised that the area did provide more than required green
space which would be available for additional parking if required. Member
Hall indicated that the parking requirement for office buildings in the City
of Eagan was high in relation to other cities where in many cases, one space
for 200 square feet of net rentable area were required, as opposed to one for
150 square feet of gross area. Hall moved, Trygg seconded the motion to
• recommend approval of the site plan, subject to the following conditions:
1. All standard engineering conditions shall be complied with.
2. All conditions of the Eagan Office Park Planned Development shall be
complied with.
3. Staff review of the adequacy of parking prior to phase 4 of the
development.
All voted yea.
PRISM HOTEL MANAGEMENT COMPANY - CONDITIONAL USE PERMIT
Chairperson McCrea then called the public hearing in regard to Prism Hotel
Management Company's request for conditional use permit for a liquor license
• for the Compri Hotel located on Lots 1, 2, and 3, Block 1, Eagandale Center
Industrial Park, and Outlot A of Eagandale Office Park, in that part of the
northwest quarter of Section 3, south of I-494 and east of Pilot Knob Road.
Mr. Dale Runkle introduced the application indicating that the request merely
was to determine the appropriateness of the conditional use permit for on -sale
liquor within the hotel in the City of Eagan. The applicant was represented.
There were no comments from the public. Hall moved, Harrison seconded the
motion to recommend that the conditional use permit for on -sale liquor in the
hotel within this PUD is appropriate. All voted in favor.
FREDERICK DeLOSH - REZONING
Chairperson McCrea next called the public .,hearing for rezoning from R-1
(Single Family) to A (Agricultural) property owned by Mr. Frederick DeLosh of
approximately 13.45 acres located in part of the south half of Section 4, west
of Pilot Knob Road and north of Lone Oak Road. City Planner Runkle described
the application as one for rezoning from R-1 to Agricultural., to continue the
ability to stable horses on the site.
Mr. Frederick DeLosh was present and
5
APC Minutes
July 29, 1986
indicated that he desired to maintain his property as one parcel with the
ability for his heirs or a future buyer to continue to stable horses on the
site. One member of the public, a neighbor, indicated concern as to the
number of horses that would be stabled on the site and indicated that horses
had not been stabled for 15 years. Mr. Joe Coheats of 2850 Sibley Heights
appeared and indicated his concern that the property not be rezoned for
multiple dwelling use once it had been rezoned from R-1 to Agricultural. It
was noted that the zoning maps indicated the property to be R-1, although Mr.
DeLosh, who had owned the property since 1946, indicated he was not aware of
it having been rezoned. It was noted by Mr. DeLosh that horses had not been
stabled on the property since 1967 or 1968. Member Hall recommended a
conditional use permit to allow horses as long as the parcel remains intact,
based on the following facts:
1. The zoning map indicates that the existing zoning is R-1.
2.
Surrounding
property is R-1 upon which those owners have relied.
•
3.
Horses have
not been stabled for many years on the site.
4. Rezoning to Agricultural may leave open the possibility of the future
developer requesting high density.
5. Conditional use permit may be an appropriate method to protect
adjacent: owners.
Mulrooney moved, Harrison seconded the motion to recommend denial of the
rezoning, subject to the understanding that the applicant could come back with
a request for conditional use permit. All voted in favor.
It was recommended that staff try to have Mr. DeLosh's application heard
by the City Council on August 5, 1986.
R. L. JOHNSON INVESTMENT COMPANY - CONDITIONAL USE PERMIT
The next public hearing convened by Chairperson McCrea consisted of the
request of the application of R. L. Johnson Investment Company, Inc, for a
conditional use permit for a pylon sign on Lot 1, Block 1, R. L. Johnson 2nd
Addition (Yankee Place), located in part of the northeast quarter of Section
17, Yankee Doodle Road and Comsery Drive. City Planner Runkle introduced the
application. Project manager, Charles Jungquist was present on behalf of the
applicant. There were no appearances on behalf of the general public. It was
pointed out that the sign is located adjacent to Highway 1113 and at a lower
grade with the result that only the sign area would be at eye level. The
actual area of the sign was discussed with the agreement between the applicant
and the Advisory Planning Commission, and only the upper 6 feet 6 inches, would
be used for signage with the portion below being merely a base for the sign.
This resulted in a sign of approximately 78 square feet.
Hall moved, Harrison seconded the motion to recommend approval of the
conditional use,permit for a pylon sign, subject to the following conditions:
6
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Twenty -Eight,
CONDITIONAL USE PERMIT/E-Z AIRPARK
G. Conditional Use Permit for Expansion of an Existing Airport
Parking Facility Consisting of 974 Parking Spaces on 8 Acres --
A public hearing was held by the Advisory Planning commission
at their July 29 meeting, to consider a conditional use permit
submitted by E -Z Airpark, requesting an expansion of the 773
car parking facility which presently exists. The applicant
requested an additional 8 acres and expansion of another 921 parking.
spaces for a total of 1,694 parking spaces for the E -Z Airpark
parking facility. The. APC is recommending approval of this applica-
tion. For additional information on this item, refer to a report
prepared by the Planning and Engineering Departments found on
• pages through L?5.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
conditional use permit for the expansion of an existing airport
parking facility as requested by E -Z Airpark.
m
•
CITY OF EAGAN
SUBJECT: CONDITIONAL USE PERMIT -E Z AIR PARK
APPLICANT: NOLAN BROTHERS, INC
MR. CHARLES NOLAN
LOCATION: PT OF LOT 6, EAGANDALE CTR IND PK
NO 2 IN SW 1/4 SEC 2
EXISTING ZONING: I-1 LIGHT INDUSTRIAL DIST
DATE OF PUBLIC HEARING: JULY 29, 1986
DATE OF REPORT: JULY 22, 1986
REPORTED BY: PLANNING AND ENGINEERING DEPARTMENT
APPLICATION: An application has been submitted requesting a
Conditional Use Permit in order to expand the 77,3 car parking
facility which presently exists. The applicant is requesting to
add 8 acres and an additional 921 parking spaces for a total of
1694 parking spaces for.the E Z Air Park parking facility.
COMMENTS: In 1984 Mr. Nolan submitted a request to the City for
a Conditional Use Permit to allow an off site parking facility
for Minneapolis/St. Paul International Airport. In 1984 Mr.
Nolan had received approval for this concept and a variance which
allowed the stall width to be 10' in width by 18' in length.
Also, the Conditional Use has a number of conditions which are:
1. A detailed landscape plan showing planning species,
• location, and sizes with the details of the fencing and
screening to be reviewed and approved by staff.
2. Detailed lighting plan" to be reviewed and approved by city
staff.
3. Concrete curbs shall be on the perimeters where the parking
lot will not be expanded.
4. The parcel will -require an approved final plat prior to the
conversion to a mini storage facility.
5. Only operable vehicles bearing current license plates shall
be parked in -this facility.
6. Separate conditional use would be required for the proposed
pylon signs.
The expansion Mr. Nolan is proposing is to purchase an
additional 8 acres south of the existing facility and east of the
McKee residential area. Presently there exists approximately 70'
between First Street and the curb of the proposed parking area
E - Z AIR PARK
PAGE 2
and a trail that functions as a lineal park system and is
minimally landscaped. At the last public hearing it seemed there
was support from some of the adjacent neighbors. However some
landscaping and screening should be done between the curb and the
lineal park system.
The second item which should be addressed is the lighting and
security of this portion of the parking facility. We
suggest that fencing and lighting be done to protect the
parking lot and the existing residents.
In review of the layout and design the applicant is proposing 9'
wide parking space by 18' length. The condition of the 1984
approval was that a 10' wide space by 18' length be allowed.
Therefore, staff is suggesting that the 10' wide spaces be
adhered to in the 2nd phase of the parking facility.
The applicants are proposing to provide a utility building in the
most southwesterly portion of the existing parking lot. This
utility building was originally proposed to wash the existing
trucks and had utilities provided. It would be •
the staff's suggestion that this building, if used, should be
connected to the City sewer system which should be available in
First Street directly to the west. The applicant is also
indicating in his proposal an above -ground gasoline tank which
should be reviewed and approved by the City Fire Marshall's
office.
As mentioned earlier in this report, the total parking stalls in
the parking facilities would be 1694 which also triggers an
environmental assessment review. The applicant submitted an
Environmental Assessment Worksheet. The staff is in the process
of reviewing this worksheet and will process the EAW review when
all of the information is submitted. In review of the past
operation for the 773 spaces, the applicant has computed the
average length of stay and the average daily trips for this
facility. It appears that cars coming to this facility stay on
the average of 5.7 days and that the average number of trips is
290.4 per day. Therefore, the impact appears to be as great as
that of the 733 parking space facility
The last item to mention in this report is that the applicant has
been reviewing the plan with the Engineering Department. The
Engineering Department has some concerns regarding the rate and
amount of drainage of this facility. They are presently working
on this review and will provide their recommendations to you at
the July 29, 1986 meeting.
CONDITIONS:
1. The sodding, seeding and landscaping be re-evaluated and a
detailed plan submitted and reviewed prior to the
commencement of the second phase.
E -Z AIR PARK
PAGE 3
2. The landscaped area along the east side of the McKee
Addition should include some burming and fencing to screen
the lights of the vehicles in this parking lot.
3. An Environmental Assessment Worksheet be submitted and
processed through the Environmental Quality Board prior to
the commencement of -,;the second phase..
4. If Conditional Use is approved for this expansion, a Waiver
of Plat shall be required in order to split the 8 acre
parcel from the existing lot which has access on to Lone Oak
Circle. City ordinances shall be complied with.
5. All City ordinances shall be complied with.
6. This development shall be responsible for trunk storm sewer
area assessment at the rates in effect at the time of
Conditional Use approval.
7. Council shall authorize a project to install downstream
® trunk sewer as per Comprehensive Storm Sewer Plan as a.
condition of Conditional Use approval.
8. This development shall provide the necessary on-site storm
water detention volumes based on outflow restriction of 16
cfs.
•
MEMO TO: PAM MC CREA, CHAIRPERSON 8 THE ADVISORY PLANNING COMMISSION
FROM: DALE C RUNKLE, CITY PLANNER
DATE: JUNE 19, 1985
SUBJECT: NEW BUSINESS, ITEM C
E -Z Air Park (Charles Nolan
The City had received an application for a Conditional Use Permit
for the expansion of E -Z Air Park. At this time, there appears to
be no major issue with the Permit, however, because of the expansion
of the parking lot to 974 parking spaces,, the Environmental
Assessment Worksheet has been initiated and must be processed for
this facility. Also, an Indirect Source Permit is required from the
Pollution Control Agency. One issue which has been addressed by the
City staff is in regard to the additional amount of runoff this
asphalt parking lot would create. Some onsite ponding will be
required in order that the rate and increase in flow can be
controlled. With these issues arising, staff is requesting that this
item be continued in order that the Environmental Worksheet can be
initiated, along with the Indirect Source Permit, and some study by
our Engineering Department in regard to the amount of ponding area
needed for this parking lot.
0
GRADING PLAN
AIRPORT. PARK PHASE 11
•
SILT FENCE DETAIL
NO SCALL
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RECEIVED MI 9 6 1936
JUNE 14 1986
MZ PAM McCREA, PLANNING DEPT.
EAGAN CITY HALL
3830 PILOT KNOB ROAD
EAGAN, MN 55121
Description of land parcel
SW $ of section 2 SW of T,
H. 55, East of Lexinton
Approximately 8 acres.
DEAR PAM:
RESIDENTS ALONG FIRST AVENUE ARE CONCERNED ABOUT THIS CONDITIONAL
USE PERMIT FOR SEVERAL REASONS., AND WE FEEL THE PLANNING,COMMISSION
BECOME AWARE OF OUR CONCERNS.
1. THE RESIDENTS FEEL THAT A GOOD BUFFER OF EVERGREEN TREES BE
PLANTED ALONG FIRST STREET.TO.HELP.SHIELD THE PARKING LOT AND ABATE
THE NOISE.
2. THAT PARTICULAR ATTENTION BE GIVEN TO HOLD PARKING LOT LIGHT-
ING ON THE RESIDENT TO A MINIMUM.
3. THAT NIGHT TRAFFIC ON THE PARKING LOT BE USED WITH PRUDENCE,
TO PROTECT THE RESIDENT DURING SLEEPING HOURS. ��
I WOULD LIKE THE MINUTES TAKEN ON THESE COVEMAT(JANK YOU. ,
FRCIS J R SKI
AN
1040 Mc STREET
EAGAN, MN 55121
93
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SUBJECT PARCEL
E -Z .AIR PARK
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FIG. # 1
city of eaganLIC STORM SEWER approved: plate #d_
PUB _
WORKS
DEPARTMEN MASTER PLAN
is
Agenda Information Memo
August 5., 1986,City Council Meeting
Page Twenty -Nine
SITE PLAN REVIEW/SAFARI SHOPPING CENTER
H. Site Plan Review for Safari Shopping Center --At the July
29 Advisory Planning Commission meeting, a site plan for the
Safari at Eagan shopping mall was given consideration_ Action
was taken by the APC to recommend approval of the site plan as
presented.
For a copy of a memo, the proposed site plan and original site
plan, refer to pages through 17,le
The original plan for the Safari Mall Shopping Center was estimated
at 83,000 S.F. The revised plan is 86,180 S..F. and includes
a 24,000 S.F. supermarket and 11,000 S'.F. drug store. The revisions
to the original site plan are minor and as presented the major
anchors are the same as approved in 1981.
For a copy of the APC minutes, refer to page (X) c7q .
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
revised site plan for Safari at Eagan shopping, mall.
�1
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•
P
MEMO TO: PAM MC CREA & THE ADVISORY PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: SAFARI AT EAGAN SHOPPING
On April 7, 1981, the final plat for the Safari At Eagan Shopping
Center was approved. the original proposal called for an 83,000
S.F. enclosed "mall".type building. Condition #6 of the preliminary
plat approval stated an architectural design for the entire commer-
cial area shall be approved by the Eagan City Council. Because,
it has been 5 + years since the previous approval and the new
proposal calls for a strip type center, the .revised site plan
has been submitted for review before the Advisory Planning Commis-
sion to identify the changes. A .separate Conditional Use Permit
will be required for a proposed pylon sign along Cliff Rd.
The new site plan meets all Code building and parking setback
requirements. The detailed landscape plan has been submitted
and will be modified to show a colonnade of trees through the
parking lot towards the main entrance. Also, additional plant
material will be added along the perimeter to screen parking
areas similar to that along Avalon Av and at the Rainbow site.
The project's architect will be at the APC meeting to answer
possible questions and review the architectural styling in greater
detail.
CONDITIONS:
1. All conditions for the previous final plat shall be adhered to.
2. This project shall be subject to the City park's dedication
requirements for commercial/industrial property platted prior
to 1983.
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and associates
architects - planners
bnn nppl,aNCe:quam. nnle 269
bll RnnirKjl n.Minnewl0 5542U
leleplarw 61285, 1392
APC Minutes
July 29, 1986
12. This development shall be responsible for trunk storm sewer area
assessment at the rates in effect at the time of conditional use approval if
such assessments have not been previously assessed.
13. Council shall authorize a project to install downstream trunk sewer
as per the Comprehensive Storm Sewer Plan as a condition of conditional use
permit.
14. This development shall provide the necessary on-site storm water
detention volumes based on outflow restriction of 16 cfs.
15. Ten foot wide parking spaces shall be required.
16. The applicant shall be required to appear before the Advisory
Planning Commission with plans for the utility building and/or gas tank.
All voted yes. i
It was noted that copies of the minutes in regard to this issue had been
requested by Francis Dembroski.
SAFARI SHOPPING CENTER - SITE PLAN REVIEW
Chairperson McCrea then convened the public hearing in regard to the site
plan review for Safari Shopping Center (Fortune Realty) located in the
P southeast quarter of Section 28, northwest quadrant of Cliff Road and Thomas
Lake Road. Mr. Dale Runkle introduced the site plan review indicating that on
April 7, 1981, the final plat for Safari at Eagan Shopping Center was approved
with the original proposal calling for an 83,000 square foot enclosed "mall"
type building. The plan now was basically a strip center with a slight
increase in the square .footage. Mr. Byron Watschke and Greg du'monceaux
(architect) were present to answer questions. There were no public comments.
Discussion centered around the two outlots adjacent to the mall. It was noted
that the plat was not being changed and that the zoning and use remained the •
same. Mulrooney moved, Trygg seconded the motion to recommend approval of the
revised site plan, subject to the following conditions:
1. All conditions for the previous final plat shall be adhered to.
2. This project shall be subject to the City park's dedication
requirements for commercial/industrial property platted prior to 1983.
3. Additional plant material shall be added along the perimeter to screen
parking areas similar to that along Avalon Avenue and at the Rainbow site,
subject to staff approval.
4. A trash enclosure shall be attached to the building or placed within
the building.
All voted in favor.".
4
•
Agenda Information Memo.
August 5, 1986, City Council Meeting,
Page Thirty
SITE PLAN FOR EAGANDALE OFFICE CENTER 2ND PHASE
I. Site Plan Review for Eagandale Office Center Phase II (Opus
Corporation) Located at Pilot Knob Road and Avalon Avenue --At
the Advisory P-lanning Commission meeting held on July 29, 1986,
a site plan for the second phase of the Eagandale Office Center
consisting of 71,,980 S.F. in a three story office building was
given review. The APC is recommending approval of the .site plan
as presented. For additional information on this item, refer
to the Planning Department report found on pages through
4ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
Eagandale Office Center second phase, site plan as presented.
/GO
MEMO TO: PAM MCCRAE, CHAIRMAN, & THE ADVISORY PLANNING COMMISSION
FROM: DALE C RUNKLE, CITY PLANNER
DATE: JULY 24, 1986
SUBJECT: EAGANDALE OFFICE CTR - 2ND PHASE
Site plans have been submitted for the second phase of the Eagandale
Office Ctr. This phase will consist of a 71,980 s.f. 3 -story office
building on Lot 2. In reviewing this particular site plan, it is
consistent with Lot 2 of the overall Planned Development approved in
1985. The first building constructed was a 3 -story brick office
building at the corner of Avalon and Pilot Knob Road. The second
phase will be directly east of this building and architecturally
would tie in with the overall development plan. This proposed
building will be brick with bronze tinted insulated glass similar
• to the building to the west. Also, the berming and landscaping will
tie into the existing berms and reach an elevation of 918 to 920 in
the area where the street elevation runs from 908.on the west corner
of the lot to 916. The parking area will be at an elevation of
approximately 902 to 903 or substantially depressed from Avalon
Avenue.
In review of the overall site plan, it appears that the overall plan
conforms with the original Planned Development. The only question
staff would have regarding this proposed detailed site plan is the
parking spaces provided versus the parking required by City Code.
The applicants are proposing 315 spaces where 380 spaces would be
required. There would be adequate room to provide some additional
spaces if, in fact, additional spaces would be required for this
office building.
®If approved, this second phase development should be subject to the
standard engineering conditions and also the conditions that have
been placed on the Eagandale Office Park Planned Development.
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CITY OF EAGAN
SUBJECT: REZONING & PRELIMINARY PLAT - EAGANDALE "
OFFICE CENTER
APPLICANT: OPUS CORPORATION/NORTHWESTERN MUTUAL LIFE
INSURANCE COMPANY
LOCATION: LOTS 1 - 3, BLOCK 4 - EAGANDALE OFFICE PARK &
LOTS 18 - 28, BLOCK 3 - EAGANDALE CENTER IND. PARK
EXISTING ZONING: R.D. (RESEARCH & DEVELOPMENT DISTRICT)
DATE OF PUBLIC HEARING: FEBRUARY 26, 1985
DATE OF REPORT: FEBRUARYI5, 1985
REPORTED BY: DALE C. RUNKLE, CITY PLANNER
RICH HEFTI, ASST. CITY ENGINEER
APPLICATION SUBMITTED: The first application is a request to rezone approximate-. -
ly 28.7 acres from R.D. (research & Development) to a P.D. (planned development)
which would include 4 office buildings and a restaurant located on • Lots .1 3, Block 4, Eagandale Office Park & Lots 18 - 28, Block 3, Eagandale Center
Industrial Park. The second application is a request for Preliminary Plat
and detailed site plan design on the first office building located on Lo[
2, Block 2, of Eagandale Office Park 2nd Addition.
ZONING & LAND USE: Presently, the parcel is zoned R.D. (research & development)
and would allow a Toning distcic[ which would con[roT ptofessioriai'ce3earch
& development and limited industrial structures and operations which will
be compatible with the predominantly residential character of surrounding
areas so as to preserve for the residents of the City the full use, benefit
and enjoyment of their homes and property. The applicants are proposing to
change the zoning in order to allow specifically 4 office buildings and 1
restaurant in this 28.7 acre parcel. The site plan showing the overall concept,
shows 3 office buildings which will have [heir main access off of an interior
street from Corporate Center Dr. with only 2 minor driveways coming down to '-
Avalon Av. Therefore, the majority of the traffic and circulation will be
from Corporate Center Dr. & Pilot Knob Rd. versus Avalon Av. Lot 1, Block
2, is the location for a proposed restaurant in the future. This would consist
:of approx. 5,000 — 6,000 S.F. and would be a sit down facility. The office
buildings would consist of approx. 78,000 S.F. and the office, located on Corpor—
ate Center Dr., on Lot 1, Block 1, is proposed to have between 90,000 — 100,000
S.F. and would be a 4 story building again having access from Corporate Center
Dr.
In review of this project, the applicants have taken into account the residential
neighborhood to the south. Their first phase construction would consist of
the office building in the SW portion of the plat and in the construction
of this building, Opus would propose to berm and landscape the entire length
of Avalon Av. Grading and landscaping would only take place once in this
area and the landscaping would be in place so it could grow prior to the con—
struction of additional buildings. Secondly, the applicants have taken into
account site- lines and accesses to Avalon from the parking lots for the office
buildings. Staff feels they have taken into account the aesthetics and site
lines from the properties to the south and tried to design and landscape in
accordance with the exisiting homes to the south.
r
CITY OF EAGAN
SUBJECT: REZONING & PRELIMINARY PLAT - EAGANDALE "
OFFICE CENTER
APPLICANT: OPUS CORPORATION/NORTHWESTERN MUTUAL LIFE
INSURANCE COMPANY
LOCATION: LOTS 1 - 3, BLOCK 4 - EAGANDALE OFFICE PARK &
LOTS 18 - 28, BLOCK 3 - EAGANDALE CENTER IND. PARK
EXISTING ZONING: R.D. (RESEARCH & DEVELOPMENT DISTRICT)
DATE OF PUBLIC HEARING: FEBRUARY 26, 1985
DATE OF REPORT: FEBRUARYI5, 1985
REPORTED BY: DALE C. RUNKLE, CITY PLANNER
RICH HEFTI, ASST. CITY ENGINEER
APPLICATION SUBMITTED: The first application is a request to rezone approximate-. -
ly 28.7 acres from R.D. (research & Development) to a P.D. (planned development)
which would include 4 office buildings and a restaurant located on • Lots .1 3, Block 4, Eagandale Office Park & Lots 18 - 28, Block 3, Eagandale Center
Industrial Park. The second application is a request for Preliminary Plat
and detailed site plan design on the first office building located on Lo[
2, Block 2, of Eagandale Office Park 2nd Addition.
ZONING & LAND USE: Presently, the parcel is zoned R.D. (research & development)
and would allow a Toning distcic[ which would con[roT ptofessioriai'ce3earch
& development and limited industrial structures and operations which will
be compatible with the predominantly residential character of surrounding
areas so as to preserve for the residents of the City the full use, benefit
and enjoyment of their homes and property. The applicants are proposing to
change the zoning in order to allow specifically 4 office buildings and 1
restaurant in this 28.7 acre parcel. The site plan showing the overall concept,
shows 3 office buildings which will have [heir main access off of an interior
street from Corporate Center Dr. with only 2 minor driveways coming down to '-
Avalon Av. Therefore, the majority of the traffic and circulation will be
from Corporate Center Dr. & Pilot Knob Rd. versus Avalon Av. Lot 1, Block
2, is the location for a proposed restaurant in the future. This would consist
:of approx. 5,000 — 6,000 S.F. and would be a sit down facility. The office
buildings would consist of approx. 78,000 S.F. and the office, located on Corpor—
ate Center Dr., on Lot 1, Block 1, is proposed to have between 90,000 — 100,000
S.F. and would be a 4 story building again having access from Corporate Center
Dr.
In review of this project, the applicants have taken into account the residential
neighborhood to the south. Their first phase construction would consist of
the office building in the SW portion of the plat and in the construction
of this building, Opus would propose to berm and landscape the entire length
of Avalon Av. Grading and landscaping would only take place once in this
area and the landscaping would be in place so it could grow prior to the con—
struction of additional buildings. Secondly, the applicants have taken into
account site- lines and accesses to Avalon from the parking lots for the office
buildings. Staff feels they have taken into account the aesthetics and site
lines from the properties to the south and tried to design and landscape in
accordance with the exisiting homes to the south.
OPUS CORPORATION
REZONING & PRELIMINARY PLAT REPORT
FEBRUARY 26, 1985
PAGE 2.
The first phase building would meet the 100' setback from an agricultural
zoned parcel and also meets the setbacks of the other lot line requirements.
The proposed 3 story building would consist of 78,000 S.F. and would contain
26,000 S.F. per floor, or a little over 10% building coverage. The lot coverage ,
is approx. one half of what could be allowed in an R.D. district as presently
zoned.
In an overall review of this development, it appears that the concept proposed
through the P.D. allowing the 4 offices and restaurant is a better plan than
what could presently be developed on the 13 lots which presently exist. The .
applicants have submitted a site plan which shows how the area could develop
without any zoning changes meeting the intent of the R.D. district. However,
the proposal submitted for the P.D., of if elected, a modification to the
R.D. district to allow this plan, seems to be a more feasible way to develop
this property in relationship to the residential district. This plan appears •
to address the concerns and issues tliat were presented at a neighborhood meeting
in regard to buffering industrial development from the residential area for -
traffic buffering and the use for this property. No other development would
be allowed until additional detailed site plans have been submitted and reviewed
by the APC and Council for the additional lots of this development. There .
are additional controls the City can impose with each phase of this development..
GRADING/DRAINAGE: The existing topography consists of rolling terrain with -
a natural north—south drainage divide bisecting this property. Drainage over ...
the west half of this development presently is in a west—northwest direction
while drainage over the east half is in a NE direction. Storm water runoff
over the existing topography is collected in Pilot Knob Rd, Corporate Center
Dr. and Avalon Av. The storm water runoff is then collected in an int,6rnal
storm sewer located within each of the streets and transported eventually
to Pond HP -3. Figure,#1 illustrates the relationship of this proposed develop—
men[ to the storm sewer master plan. '
In reviewing the proposed, grading plan, with respect to, the existing stor.
sewer and the storm sewer master plan, Staff has two recommendations. :_First,
the proposed storm sewer connection to the catch basin,located in the SE corner
of Pilot Knob Rd. & Corporate Center Dr. intersection, shall be allowed. The
existing street area drainage, right—of—way and setback area drainage will
approach the capacity for this 12" catch basin lead. Drainage for the proposed
restaurant and westerly 3 story office building must be to the east. A 30"
storm sewer has been stubbed to the north line of this development from the
existing 54" storm sewer located within Corporate Center Dr. Secondly, Staff
estimates the storm water runoff generated from this development to be approx.
100 CFS. This amounts to approx. 25% of the capacity of the existing 54"
storm sewer line. What concerns Staff is that this 25% of the storm sewer
capacity is generated over approx: 10% of the total watershed served by this
54" storm sewer line. Staff would recommend that as much detention as possible
be provided on this proposed development. This will more than likely take
the form of utilizing portions of the parking lots as small detention basins
by controlling the rate at which the catch basins can absorb the runoff.
A plan for this shall be submitted with the Final Plat application.
i
OPUS CORPORATION
REZONING & PRELIMINARY PLAT REPORT
FEBRUARY 26, 1985
PAGE 3.
UTILITIES: Watermain surrounds this proposed development as shown in Figure
#2. A 12" watermain is in place along the west side of Pilot Knob Rd. & the
south side of Corporate Ctr. Dr, to approx. the Trapp Rd. intersection. From
.. there it continues along Corporate Ctr. Dr. as an 8" diameter watermain that
connects to an 8" diameter watermain located north of Avalon Av. This develop-
ment is not proposing that any internal watermain be constructed because of
the availability of the peripheral watermain to provide services to each indivi-
dual building. However, Staff has concerns that -. adequate fire protection
may not be provided with the layout as proposed for this development. Therefore,
Staff is proposing that an existing watermain be connected from the existing
12" waterline within Corporate Ctr. Dr. to the existing 8" waterline located
within Avalon Av. Possible routing would be from the NW portion to the SE
portion of this development. At this time, Staff has not had the opportunity
to perform a hydrolic network analysis within this area to determine the appro-
priate size for this watermain. Staff estimates this watermain should be
at least an 8" but will not have to be any larger than the 12" diameter water -
main. Completion of this analysi' is anticipated shortly. The important
• ` factor is that a watermain connection, as referenced, should be made to provide
.adequate fire flow for this development.
Sanitary sewer of adequate size, capacity and depth exists within Corporate .
Ctr. Dr. and Avalon Av. to provide service to this development. The sanitary
sewer within Avalon Av. consists as a 9" diameter line up to Vilas La. where
it then increases to a 12" diameter -sanitarysewer. This sewer is fairly
deep but the record plans indicate four services were installed with riser
sections to provide service to this proposed development. It does not appear
[hat_any�-�str'eet"excavation-will be required to install any sanitary 'sewer '..
services to this development. Likewise, the 24" sanitary sewer within Corporate
Ctr. Dr. is very deep but services with risers were installed to provide service _
to the south side of Corporate Ctr. Dr. No excavation within the existing
"Corporate Ctr. Dr. should be necessary.
STREETS: The existing streets surrounding this proposed development consist
..; of Corporate Ctr. Dr., Avalon Av. and Pilot Knob Rd. Corporate Ctr. Dr. and
:..Avalon Av. are City streets bpilt to their ultimate design. Pilot Knob Rd.
is under the juristiction of Dakota County Hwy. Dept. and is also constructed
to its ultimate design.
Internal access to this development consists of extending Trapp Rd. westerly
-.through the middle of this development and looping it back onto Corporate
Ctr. Dr. approx. 430' east of the intersection of Pilot Knob Rd. Staff would
recommend the minimum width for construction of this proposed public street
be a minimum of 40'.
Three other ,minor accesses are also being proposed. One being off of Corporate
Ctr. Dr. SE of the Trapp Rd. intersection. This driveway appears to be directly
across from an existing driveway installed with the development constructed
'by Opus last year. The other two accesses are on Avalon Av. One is directly
across from Beam La. while the other is approx. 240' west of Vilas La. These
do not appear to,pose any hazards from any public safety standpoint.
OPUS
CORPORATION
..' REZONING & PRELIMINARYPLAT REPORT
FEBRUARY 26, 1985 ,
PAGE
5.
CONDITIONS (continued)
10)
A watermain of sufficient size to provide adequate fire flow, as determined,
by Staff, shall be constructed between Corporate Ctr. Dr. & Avalon
Av.,_
to an alignment as approved by Staff.
11)
Existing sanitary sewer services must be utilized for this development.
12)
Trapp Rd. shall be constructed as a 40' width & a 9 ton loading capacity.
13)
Right—of—way for Trapp Rd. shall be a minimum of 661, increasing where..
necessary to provide adequate channelization.
14)
This development shall be respbnsible for the lateral benefit assessment
from trunk sanitary sewer if further research indicates it has never
been
levied.
15)
All costs associated with installation of public improvements for streets
& utilities will be the sole responsibility of this development. _
__•�Wt'r'+iit4W�+�1A+Rc:'ti�i!I.�•���n•.+tia�cTu�rdJ.rw?Yn4h�:.-_. ..rm•nr,e•: .. .. .:k- •y ,,; �:. :ti: ".a^: ., -" ...
,
OPUS CORPORATION
REZONING & PRELIMINARY PLAT REPORT
FEBRUARY 26, 1985
PAGE 4.
RICHT-0F-WAY/EASEMENTS: All right-of-way for existing streets have previously
been dedicated. A minimum 66' right-of-way is recommended to be dedicated
foc the proposed internal public street. This may have to be widened at the
west intersection of Trapp Rd. & Corporate Ctr. Dr. to accomodate channel'ization.
Easements shall be dedicated as required by City Code.
ASSESSMENTS: The assessment records for Lots 18 - 28, Block 3, of Eagandale
Center Ind. Park #1 -and Lots 1 - 3, Block 4, of Eagandale Office Park Add.
indicate that trunk area water,'sanitary sewer and storm sewer have been assessed.
It is not clear from these records whetherlateral benefit from the 24" trunk
sanitary sewer located within Corporate Ctr. Dr. or the 12" trunk sanitary
sewer located within Avalon Av. have ever been assessed. It is possible that
-this development will be responsible for additional assessments resulting
from the lateral benefit from trunk sanitary sewer. Additional research will.
be required to determine this.
Otherwise, all costs associated with the construction of streets and public
..utilities will be the sole responsibility of this development.
CONDITIONS:
If approved, the Preliminary Plat should be subject to all of the Standard
Conditions plus the following conditions:
...x.n.;;:,:tea..-:.�,...r.,:::�,-,....,...,...�.:.;. :_•;:,e:r ..,.:_ ,•„_ ..
1) A Planned Development be entered into adopting this concept and the detail
landscaping plan as exhibits as part of this P.D. agreement. .
2) No other development be allowed except the construction of office building
#1 until either all of the utilities and streets have been put in to provide
access to the 4 other Lots in this.
lat
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.' 3) A P.D. agreement shall be no more than 5 years
4) All buildings shall be of a compatible architectural style as shown atI'
the 2/26/85 meeting. It is the intention that brick and glass will be
the exterior materials for these 4 office buildings. .
5) No building shall exceed 45' in height unless a Conditional Use Permit
is obtained.
6) Detailed light plan shall be reviewed by the neighborhood prior to con-
struction.
7) Landscape plans and plantings for Pilot Knob Rd. & Avalon Av. shall be
Installed with the 1st phase of development.
8) No roof or parking lot drainage will be allowed into the Pilot Knob Rd.
storm sewer system.
9) This development shall incorporate as much storm water detention aspossible
by methods approved by the Eng. Dept.
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Agenda Information Memo
August 5, 1986, City Council Meeting
Page Thirty -One
PUBLIC IMPROVEMENT PROJECTS
Item 1. Contract 85-21, Receive Bids/Award Contract (Maintenance
Facility Expansion) --At 2:00 p.m. on Tuesday, July 29, formal
bids were received for the expansion and remodeling of the mainte-
nance garage facility and the various furnishings and specialized
equipment. Because of the complexities of the project, fixed
budget and uncertainty of the bidding climate, the bid proposal
was set up identifying twenty-one various alternates associated
with either adding or deleting certain proposed improvements
or conditions. Subsequently, the building committee and architec-
tural firm are evaluating the various alternates to determine
which ones would be best economically for the City to incorporate
in awarding the final contract. A formal joint recommendation
will be presented to the Council by the Public Works Director
and architect at the Council meeting of August 5 for ,further
discussion and ultimate contract award.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for
Contract 85-21 (maintenance facility expansion) and award the
contract with specific alternates to the lowest responsible
bidder.
Item 2. Contract 86-20, Approve Plans/Order Advertisement for
Bids Windtree 7th Addition -Streets and Utilities) --Under the
Public Hearing portion of this agenda, Council will be considering
whether to approve the installation of streets and utilities
under Project 478 to service the Windtree 7th Addition. At
the time the Council received the petition requesting the proposed'
improvements, the developer guaranteed all costs associated
with the preparation of the feasibility report and the simultaneous
preparation of detailed plans and specifications. Therefore,
if the project is approved under the public hearing process,
it would be in order for the Council to review and approve the
detailed plans and specifications in consideration of ordering
the advertisement for bids. The consultant engineer and Public
Works Director will be available to describe in detail any aspect
of concern regarding these proposed improvements.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans
for Contract 816-20 (Windtree 7th Addition) and order the advertise-
ment for bid opening to be held at 10:30 a.m., Friday, August
29, 1986.
/Zo
Agenda Information Memo
August 5,, 1986,.City.Council Meeting
Page Thirty -Two
PUBLIC -IMPROVEMENT PROJECTS CONT''D
Item 3. Contract 84-02, Approve Change Order #'1 (Wescott Trunk
Sanitary Sewer) --During 1984, the City constructed the trunk
sanitary sewer line, lift station and force main outlet for
the Wescott trunk sanitary sewer through Pat McCarthy's property
from Lexington Avenue to Deerwood Drive. During the summer
and fall of 1985, the contractor ,submitted a significant claim
for extra costs associated with finalizing this contract. When
these claims could not be resolved through the normal final
project cost settlement process, the contractor filed for settle-
,
ment through formal arbitration. The City then contracted with
the legal firm of Hart, Bruner, O'Brien 8 Thornton to represent
the City's interest in this matter. After extensive investigation,
research of documents, review by technical experts and an examina-
tion of the contractor's working documents, a mutually agreeable
settlement for payment for extra costs incurred has been agreed
to and is being processed as a formal change order to the base
contract in the amount of $44,969.29. The Public Works Director
will be available to discuss the details associated with the
claim as necessary at the Council meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order
#1 to Contract 84-02 (,Wescott 'trunk sanitary sewer) and authorize
the Mayor and City Clerk to execute all related documents.
Item 4. Contract 86-21, Approve Plans/Order Advertisement for
•
Bids --As part of the Parks Development Program, plans and specifica-
tions have been prepared for the erection of baseball and softball
backstops for ,Rahn, Goat Hill, Walnut Hill, Blue Cross, Meadowlands
and Quarry Parks, as well as outfield fencing at Rahn and Goathill.
All costs are part of the Park Bond Fund.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans and specifi-
cations for Contract 86-21 for the ballfield backstops and fencing
and order an advertisement for a bid opening on August 22, 1986.
Item 5. Contract 86-22, Approve Plans/Order Advertisement for
Bids --As part of the Parks Development Program, plans and specifica-
tions have been prepared for the installation of light standards
and wiring for parking lot lighting for Trapp Farm, Goat Hill
and Rahn Park. All costs are to be financed from the Park Bond
Fund.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans and specifi-
cations for Contract 86-22 for parking lot lighting and advertise
for a bid opening on August 29, 1986.
/z/
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Thirty -Three
PUBLIC IMPROVEMENT PROJECTS'CONT'D
Item 6. Contract 85-8, Approve Change Order No. 3 (Town Center
Additions) --During the installation of utilities necessary to
service the Town Center 70 and 100 Additions, several corrections
and/or modifications had to be incorporated to insure compliance
with City Standards and approved plans. All items were beyond
• the scope of responsibility of the Contractor of the existing
contract and are eligible for 'additional payment. All costs
incurred by this Change Order are fully assessable to the
benefited properties.
A - Furnish and install storm sewer
outlet safety grates
$ 6,730.98
B - Reconstruct sanitary manholes
(grade change)
1,058.32
C - Reconstruct sanitary manhole
(grade change)
669.43
D - Construct new manhole
(revised alignment)
4,461.60
• E - Repair hydrant (damaged by
building construction)
1,320.35
Total Add Change Order No. 3
$14,240.68
ACTION TO BE CONSIDERED ON THIS ITEM: To
approve Change Order
No. 3 to Contract 85-8 (Town Center Additions) and authorize the
Mayor and City Clerk to execute all related
documents.
Item 7. Contract 85-11, Approve Change Order No. 2 (Westbury 3rd
Addition) --This Change Order relates to additional costs incurred
by the Contractor beyond the scope of contract, responsibility
relating to cleaning the streets of construction erosion and
debris prior to final paving and installation of conduit for
subsequent electric/telephone installation.
/ZZ
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Thirty -Four
PUBLIC IMPROVEMENT PROJECTS CONT'D
A - Street cleaning
B - Utility conduit installation
Total Add 'Change Order
$1,120.10
720.00
$1,540.10
All costs associated with this Change Order are fully assessable
against the benefited subdivision (Westbury 3rd Addition)
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order
No. 2, Contract 85-11 (Westbury 3rd Addition) and authorize the
Mayor and City Clerk to execute all related documents..
Item 8. Contract 65-16, Approve Change Order No. 2 (Safari 2nd
A dition)--Prior to completion of the street surfacing under this
Contract,, the Contractor had to perform substantial street
cleaning of erosion and construction debris beyond the scope of
responsibility within the Contract.
Total Change Order No. 2
$1,,018.90
All costs associated with this Change Order are fully assessable •;
against the benefited subdivision (Safari 2nd Addition).
ACTION TO BE CONSIDERED ON THIS ITEM: Approve Change Order No.
2, Contract 85-16 (Safari 2ndAddition) and authorize the Mayor
and City Clerk to execute all related documents. .
Item 9. Contract 85-27, Approve Change Order No. 1 (Eagandale
-urt)--During the construction and installation of streets and
utilities for. Eagandale Court adjacent to Eagandale Center
Industrial Park 7th Addition, additional costs were incurred by
the Contractor beyond the scope of responsibility under the
Contract identified as follows:
/L3
Agenda Information Memo
August 5, 1986, City Council Meeting
Page Thirty -Five
PUBLIC IMPROVEMENT PROJECTS CONT'D
A - Subgrade correction (removal
of buried construction debr'i's)
•
Total Change Order No. 1 (Add)
$4,,600.00
3,919.00
875.00
$9,394.00
All costs associated with this Change Order are fully assessable
against the benefited properties.
ACTION TO BE CONSIDERED ON THIS ITEM': Approve Change Order No.
1, Contract 85-27 (Eagandale Court) and authorize the Mayor and
City Clerk to execute all related documents.
/Z5L
B
- Finish
site grading
•
C
- Topsoil
undersodding
•
Total Change Order No. 1 (Add)
$4,,600.00
3,919.00
875.00
$9,394.00
All costs associated with this Change Order are fully assessable
against the benefited properties.
ACTION TO BE CONSIDERED ON THIS ITEM': Approve Change Order No.
1, Contract 85-27 (Eagandale Court) and authorize the Mayor and
City Clerk to execute all related documents.
/Z5L
Agenda Information Memo
August 5, 1986, City Council Meeting
Page'Thirty-S)K
REVIEW ON AND OFF -SALE LIQUOR LICENSE FEE POLICY
B. Review Fee Policy for On and Off -Sale Liquor License
Investigations --The City Administrator has met on several occasions
with Police management, including the Police Chief and
Administrative Captain Geagan, to discuss expanding investigation
procedures for both on and off -sale liquor license applications.
For background as to why the City is considering additional investi-
gation requirements, please refer to a memo prepared by
Administrative Captain 'Geagan and a memo from the City Attorney's
office which are enclosed on pages through
Since Police Chief Berthe will be present during Department Head
Business, it might be appropriate to allow a brief discussion
on the suggested changes to our present on and off -sale liquor
license application investigation policy. Further discussion
could then be convened later in the evening when it appears on
the agenda under Additional Items.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a more
extensive investigation policy for the review of on and off -sale
liquor license applications.
police department
JAY M. BERTHE
LN01 W POW
PATRICK J. GEAGAN
Aamminnnv. unnm
oq cza06,n KENNETH D. Aa2MANN
F KENNETH
.. ASZM
3830 Pilot Knob Road
Eagan, Minnesota 55122
28 July 1986
TO: Thomas L. Hedges, City Administrator
FROM: Administrative Captain
SUBJECT: ON and OFF SALE
LIQUOR LICENSE APPLICATIONS & INVESTIGATIONS
The police department would like to suggest that we make a
significant change in the current method of conducting investiga-
tions relative to on and off sale liquor license applications.
With the exception of one license in the city, most of our past
investigations have been conducted within the State of Minnesota
and information has been relatively easy to obtain. We have
experienced some problems with those investigations as we have
not demanded substantiating documentation of what they put on
the liquor license application.
The department is concerned that with the growth of the city
and the number of outside people interested in liquor licenses
in our city, unless we change our liquor license investigation
procedure, we could have a serious problem in the future.
We believe it is very important for the city to have an indepth
background check on any individuals or corporations that apply
for a license within this community. It is important, parti-
cularly when considering outside interests, that we know where
the finances are coming from for the establishment and exactly
who the individuals are who will be involved with it and their
background.
I have researched the method of application and investigation
in the cities of Burnsville and Bloomington, and they are
essentially the same in nature. I have discussed the procedure
with Gene VanOverbeke and Dave Keller and they have agreed that
the items listed below are possible to get. Prior to any
investigation, we would require from an applicant the following
items:
On Sale or Off Sale
a. Part I - Application for Liquor License General Informa-
tion - 2 copies.
• /lam%
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Thomas L. Hedges Page Two
b.. Part II - Personal Information - 2 copies.
NOTE: Parts I and II would be the basic working document
for the background information (financial and legal)
on the individuals.
c. Partnership Agreement - 2 copies where applicable.
d. Corporation Records - 2 copies where applicable.
e. Trade Names Certificates - 2 copies.
f. Certificate of Incorporation - 2 copies.
g. Articles of Incorporation - 2 copies.
h. By-laws - 2 copies.
i. Foreign Corporations - Certificate of Authority -
2 copies.
j.. Bond - 2 copies.
k. Lease - 2 copies.
1. Short autobiography on persons required to complete
Part II - 2 copies.
NOTE: The purpose of the autobiography is for the
investigator to determine the type of individual with
whom we are dealing and their background. We will
also match the autobiography against the. application
to make sure we can follow the person's background
continuously.
M. Financial statement on persons required to complete
Part II - 2 copies.
NOTE: Besides the Financial Statement, we would also
like their last filed IRS statement. The purpose for
this is to determine if there is money available to
run the establishment and, in fact, where that .money
came from, and is it consistent with information obtained
in the background check.
n. Certificate of Insurance - Liquor Liability.
o. The applicant should supply the department with a Statement
from the U. S. Courthouse indicating if there has been
any federal civil or criminal claim against either
the individual or the corporation.
p. List of all liquor licenses currently held.
12,7
0
•
Thomas L. Hedges
Page Three
After receiving this information, this department would act as
a central repository for all information and ask that the City
Finance Director, or his designee, research the financial state-
ments to ascertain if they are correct. We would also have the
City Attorney's office research the legal -aspects; i.e., Arti-
cles of Incorporation, etc., to determine if everything has
been filed legally. Based on information gathered from the
Finance Director, City Attorney and the application forms, this
department would then conduct background checks such as criminal
history and personal references. From the personal references
listed on their application, we would ask for other individuals
who may know the applicant and those are the people we would
"key" on for references.
To conduct a complete and, thorough background, it may be
appropriate to send a police officer to the area in which the
person resides or does business. It has been this department's
experience, as well as the experience of other agencies to whom
I have talked, that investigators receive a great deal of
• information in person vs phone or by mail as the individual
with whom they are talking does not know for sure who, in fact,
they are dealing with.
It is our feeling due to the expense of a more thorough investi-
gation, that some type of an investigative fee, possibly guaran-
teed by a surety bond, be required of the applicant prior to
any investigation. Time and travel expenses would be an unfair
burden for the city to incur and we feel should be somehow
billed back to the applicant.
We feel that with the above procedure we would have a much more
thorough investigation and the City Council would have more
information on which to -base their decisions as to the approval
or disapproval of an applicant.
I would like to note that this department currently has a
® request for a liquor license in which all substantiating docu-
mentation and references are from out of state. We would like
to suggest that we initiate as much of the above procedure as
possible for this application.
Patrick J. Geagan
PJG/vk
cc: Jay M. Berthe
Attach.: 1. Copy of Memo dated 28, July 1986 from David G. Keller
Re: Liquor License Applications & Investigations
2. Part I & Part II Burnsville On/Off Liquor Application
and Personal Information Application
/L9
HAUGE, EIDE & SELLER, P.A.
ATTORNEYS AT LAW
WATER VIEW OFFICE TOWER, SUITE 303
1200 YANKEE DOODLE ROAD
EAGAN. MINNESOTA 07123
PAUL H. HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN
MICHAEL J. MAYER
July 28, 1986
Captain Patrick Geagan
Eagan Police Department
3830 Pilot Knob Road
Eagan, MN 55122
RE: Liquor License Applications and Investigations
Dear Captain Geagan:
AREA CODE 012
TELEPHONE 400.9000
404-4224
You recently supplied this office with copies of liquor license application
forms and investigative material used in the cities of Bloomington and
Burnsville. In addition to this information, we were supplied with the liquor
license application information forms used by the City of Eagan. As you are
aware, we have not been heavily involved in such investigations in the past
but have attempted to review this information to determine whether the
increased information provided or required by other cities would be
appropriate or necessary to the City of Eagan as it continues to grow in
population and number of liquor licenses.
It appeared in general, that the information required in Burnsville was much
more complete and provided enough information to give the investigating person
or persons a good picture of the individuals and/or companies involved in a
liquor license application. Obviously, with the amount of crime and safety
problems associated with alcohol use, the City and the Police Department have
a definite interest in insuring that liquor sales operations are managed by
quality individuals or businesses. Our office would certainly support the
Police Department's opinion as to the information it needs in order to provide
adequate investigation.
It may be appropriate in certain circumstances for this office to review legal
documentation in regard to corporations and partnerships to insure the
validity of the establishments, the continuity of their existence and the
adequacy of their financing. Articles of Incorporation would provide
information as to the actual incorporators, the location of the corporation,
and the powers vested in the corporation by such Articles. By-laws would
provide similar information. A Partnership Agreement would indicate the
interest in each partner, the actual control of the business and the
likelihood of a continuation of such an association. Financial information in
regard to corporations and other business entities may be just as important
for those entities as they are for individual persons to insure that the
business is solvent, that it is set up for a long-term committment and that it
/Zy
•
Captain Patrick Geagan
July 28, 1986
Page 2
has the necessary financial backing to run a "clean" operation without having
to resort to unreasonable methods to increase its sales. A financial
statement will be very hepful in evaluating such a business entity as I
believe you have already discussed with the Finance Director. Other
documentation would also be helpful such as Certificate of Authority for
fore ip corporation, Certificate of Incorporation, Trade Name. Certificate,
Leasee, etc.
As part of a more thorough investigation, it is my understanding that the
• investigating officer or officers may required to do some traveling in
addition to long distance telephone calls, and other costly follow—up. We see
no reason that the liquor ordinance could not be revised to provide a more
extensive investigative fee possibly guaranteed by Surety Bond with the unused
Portion refundable to the applicant.
If we can be of further assistance, please feel free to contact this office.
DGK:ras
130
Sincerely yours,
HAUGE'EIDE 6�K[/E�L�LER, P.A.
David G.�Kel er
6
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: AUGUST 1, 1986
SUBJECT:
My one year term as Chairman of the Operating Committee and Vice
Chair of the Municipal Legislative Commission ended 'July 31, 1986
at the Board Meeting. The new Chairperson (always an elected
official) is Larry Donlin, Mayor of Minnetonka and the Vice Chair
is Jim Willis, City Manager of Plymouth. These terms run August
1 through July 31. At the Board of Directors' meeting the firm
of Messerli and Kramer was selected as the new Legislative
Lobbyist. As you recall, Bob Brenner left the firm of Larkin,
Hoffman, Daly & Lindgren and is now with Messerli and Kramer. •
Since Bob has a strong background in revenue and tax related
issues and provided the bulk of work during the past three years
while he was employed at Larkin, Hoffman, Daly & Lindgren, it was
determined that it would be in the best interest of the MLC to
continue with the services of Bob Brenner. Please see the
attached statement entitled MLC Consultant Selection on pages
13LI through 4�5 that I prepared for distribution to the Board
of Directors at the July 31 meeting at the request of Mayor
Morrison. The 1987 budget was adopted with the dues reduction.
The old dues structure was based on a $14,000 maximum per city
with a per capita assessment of $.30. The new budget requires a
$10,000 with a $.20 per capita and Eagan's assessment for 1987
will be $7,062. Based on -the 35,311 figure released by the Met
Council.
TOWN AREA MEETING
® The South Area Town Meeting is scheduled for Thursday, September
4 from 4:00 until 8:00 p.m. Tentatively the location is the
West St. Paul.Armory.
ATHLETIC SITE ACQUISITION
At the request of City Council the Director of Parks and
Recreation has prepared a memo and attachments on pages 1�L
through r addressing 15 parcels that have been reviewed and
given consideration .as sites for athletic field complexes. The
Director of Parks and Recreation is requesting authorization to
proceed with a 90 day option on Site 15 which would allow the
City a firm option.on that property and meanwhile explore some of
the other sites in more detail. The Director of Parks and
Recreation will be present on Tuesday evening to further review
the Athletic Site Acquisition issue.
EAGAN GREEN APARTMENTS
The City has learned from Mark Ulfers, Executive Director of the
Dakota County HRA that the owners of the Eagan Green Apartments
are planning to terminate their subsidy agreement with HUD. A
number of questions were raised in this office and Administrative
Secretary Finnegan contacted the owners for further information
referred to her memo enclosed on page.
CORRESPONDENCE/OAR CLIFF, RICHARD WINKLER
Enclosed on page — is a letter received from Dick Winkler,
President of Oak'Cliff Development Inc.
I-35 E CLIFF ROAD SIGNAGE
Enclosed on pageis further correspondence from MnDOT
regarding the City's oncern about signage for northbound I -35E
from westbound Cliff Road. City Councilmember Wachter has
expressed concerns about the existing signage and has observed on
® numerous occasions cars making U turn and other unsafe movements
due to their confusion regarding entrance to I -35E.
NLC CONFERENCE
The National League of Cities Conference is scheduled for
November 29 through December 3 in the City of San Antonio. If
any member of the City Council wishes to attend this year's
Conference, deadline for early registration is August 29. A
brochure that outlines the Conference schedule is available from
the City Administrator.
ACCESSORY HOUSING
The City Attorney's office is drafting an ordinance on accessory
housing which should be ready for consideration at one of the
• next two City Council meetings. 40
TRAFFIC CONTROL DEVICES
Enclosed on page is a copy of a memo regarding the
installation of miscellaneous traffic control devices for
handling detoured traffic due to the closing of Yankee Doodle
Road. Since the City Council might receive calls or questions
about the Yankee Doodle closure and required detours, this memo
is being made available for your review.
NORTHWEST ORIENT/REPUBLIC AIRLINES MERGER
Enclosed on page is a copy of a letter from the Assistant
Secretary for Policy and International Affairs, U.S. Department
of Transportation regarding the merger. According to the
newspaper this morning the merger has been approved.
/37-
CONPRI HOTEL ON -SALE LIQUOR LICENSE(S)
The Compri Hotel group has made application for an on -sale liquor
license which is currently being reviewed by the Police
Department. The City Clerk's office was directed to review the
various options that may be available to the City Council and
Compri Hotel group with the development that was recently
approved for a hotel and restaurant. The City Clerk's offic has
provided a memo which is enclosed on pagesthrough for
review of the various options that are availa le. One additional
option is combine the hotel and restaurant and "club" and
authorize one license for the facility,.
TAX FORFEITED LANDS
The City Council authorized the acquisition of two parcels that
had gone tax forfeited. These parcels were adjacent to each
other on Lots 1 and 2, Block 1, Overview Estates Replat and may
have been desirable for a fire station location. Unfortunately,
the lots were reclaimed by the owner and are no longer available
• •
to the City.
LIABILITY OF CITY COUNCIL MEMBERS
City Attorney Hauge copied this office an article entitled
"Liability of City Council Members" that he thought might be an
interest t the City Council. A copy is enclosed on pages 111D_through !.
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
It has been the intention of the City of Eagan to continue with
the CDBG Entitlement Program. Enclosed is a copy of a letter
from the HRA Executive Director indicating that Eagan wishes to
continue.in the Program. There is no action required at this
time. .Please refer to the letter enclosed on page 16Z.
/s/ Thomas L. Hedges
City Administrator
/33
MLC CONSULTANT SELECTION
BACKGROUND:
At the June 26 Operating Committee meeting, it was learned that Bob
Renner would be leaving the firm of Larkin, Hoffman, Daly &
Lindgren and joining the firm of Messerli & Kramer. Mr. Renner
informed the Operating Committee that he would like an opportunity
to submit a proposal to perform legislative consulting services
for the MLC.
After considerable discussion, it was determined by the Operating
Committee that .all consulting services would be reviewed during
the month of July and approved by the Board of Directors at the
July 31, 1986, meeting. It was also agreed that two (2) consulting
firms would be interviewed as stated in the following motion that
was approved by that committee: "Recommend to the Board of
Directors that the selection of consultants be limited to two (2)
firms - Larkin, Hoffman, Daly & Lindgren and Messerli & Kramer,
and further that both firms submit a proposal to represent the MLC
as sole consultant and that both firms submit a proposal to
represent the MLC jointly." Since the Board of Directors was not
scheduled to meet until July 31, each City Manager contacted his
or her City Council or Board of Director's representative to gain
concurrence with the motion adopted by the Operating Committee.
All cities indicated that they were in support of interviewing the
two, firms and Chairperson, Connie Morrison, directed the request
for proposals and that both firms be interviewed on July 28 by the
following persons: Connie Morrison, Chairperson and Mayor of
Burnsville; Tom Hedges, Vice -Chairperson and City Administrator of
Eagan; Larry Donlin, Mayor of Minnetonka; Jim Willis, City 'Manager
• of Plymouth; June Demos, 'Mayor of Roseville; and Jim Lacina, City
Administrator of Woodbury. All interview panel members, with the 40
exception of Larry Donlin who was unable to attend, were present
and interviewed both firms.
RECOMMENDATION:
The interview panel is unanimously recommending the firm of
Messerli & Kramer due to the extensive tax knowledge and background
Bob Renner has regarding all facets of intergovernmental revenue.
It was noted that 1987 will be an extremely important year regard-
ing tax legislation and that Mr. Renner is best equipped to deal
with the issues of the Municipal Legislative Commission. Messerli
& Kramer felt a joint proposal was not in the best interest of the
Municipal Legislative Commission and decided not to present a
joint proposal as a choice. Chairperson Morrison extended an
invitation for both firms to be represented at the Board of
Directors meeting; however, they would be invited to answer ques-
tions only and not make a formal presentation.
MLC CONSULTANT SELECTION
PAGE TWO
The recommendation of the interview panel is the firm of Messerli
& Kramer to be effective August 1, 1986., The original contract
with Larkin, Hoffman, Daly & Lindgren is through December 31,
1986; however, with the amount of preparation required by the
lobbyist for the legislative session, it was determined that the
new contract should begin August 1, 1986. It is also recommended
by the Committee that the firm of D. J. Leary be retained for
services rendered in 1987.
There was a deep appreciation for an excellent job performed by
Rich Forschler and the entire panel echoed a disappointment that
the MLC has found itself in the position to have to choose between
Bob Renner and Rich Forschler given the talent and the ability of
S both individuals. •
u
•
MEMO TO: THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS
TOM HEDGES, CITY ADMINISTRATOR
FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION
DATE: JULY 22, 1986
RE: ATHLETIC SITE ACQUISITION
The Council has asked that Staff provide a listing and summation for the land
parcels that have been reviewed as future athletic sites and a rationale
• concerning each parcel. Attached is a graphic locating each of the fifteen
(15) parcels which have been reviewed. •
Parcel 111
The property is owned by Robert O'Neil, and has a relatively flat spot in the
vicinity of the current farm buildings. A number of possibilities and
alternatives were considered within this area, but the Advisory Commission
determined that cost for acquisition for such a parcel would be excessive.
Parcel 112
Owned by Opus Corporation and directly adjacent to 35E and the U.S. Postal
Bulk Mail Center. The parcel is an elongated twenty (20) acres. Access is
difficult, and a storm water ponding area makes it a difficult parcel to plan
® for. A site plan was developed, including four (4) soccer facilities, which •
the Commission rejected, due to poor facility and site access, poor
circulation plan, and impact of the storm sewer pond.,
Parcel 113
This is a part"of Blackhawk Park .PUD. Acquisition cost was estimated at
$20,000 per acre. A sketch plan was developed, but because of topographic
contours the sketch plan did not proceed beyond preliminary reviewal.
Extensive amountsrof tree cutting would be required, as well as grading.
136
Pareel 04
This eight (8+) plus acre parcel, with it's steep ravine off of Pilot Knob
Road, can accommodate only two softball facilities. Deep slopes and drainage
patterns to the east require extensive grading, although the acquisition costs
would be acceptable. This parcel might be better suited for other park use.
Parcel #5
North of County Road #30 and east of 35E, this site has been disturbed as a
result of being used as a temporary construction site, and cement mixing area
for 35E. The front portion of the site is relatively flat, the northern
section hilly and densly forested.
Dale Runkle was able to inquire regarding the price of this parcel, and it was
indicated that the area fronting County Road #30 would be approximately
• $35,000 an acre, and the back of the parcel was negotiable in the range of
$25,000 an acre. Staff did not pursue this any further, as both the price and
the back half topography indicated it was not useful for athletic activities.
Parcel #6
This is also the site of the Deerwood Elementary School. As part of our
neighborhood parks review, the Commission and Staff also reviewed the area as
a possible athletic site, which could be developed in conjunction with the
elementary school, or separately. Difficult topography for an athletic site,
and the study did not proceed any futher than an initial review.
Pareel 07
• Located in the southwest corner of the City,
perhaps the most rugged parcels, in terms
preliminary review and decided not to proceed,
a site topographically.
Parcel #8
east of 35E, this parcel is
of topography. Staff did a
because it was too difficult of
This is one of the original parcels envisioned for the athletic site. Fairway
Hills plat, of course, has proceeded in advance of the City's acquisition.
The City still has plans to proceed with the acquisition of fifteen (15) acres
for a neighborhood/soccer complex.
/37
•
•
Parcel 09
This is one of the original parcels reviewed by the Advisory Commission and
City Council. This parcel is forty-three (43) acres in size, but nets out to
approximately thirty-two (32) acres, after removal for the ponding.
Acquisition price was approximately $485,000. A detailed site planning was
prepared. Development costs were considered "high", as a result of grading.
Due to grading there would be a steep slope in excess of 15%, from the pond to
the main athletic area. Advisory Commission also asked Staff to review this
parcel in conjunction with use of the parcel immediately to the south, which
was marketed by Cedric Kirchner (20 acres). This provided some additional
options for park layout. This might have been acceptable if partial
acquisition of the south half of the Peterson parcel were also possible. At
this time, both parcels have been optioned for purchase to other property
owners, with preliminary planning proceeding. Therefore, unless these
development plans do not proceed, this site option is now mute.
40 Parcel 1110 •
This eighty (80) acre parcel is immediately east of the proposed High School
site, by District 11196. Staff and Commission did do a concept plan for this
site, but due to a steep ravine at the north end of the parcel, and difficult
access off of County Road 1130, there would be a need for extensive grading
and/or a great deal of wasted acreage as a. result of separating the athletic
facilities. The Advisory Commission rejected this parcel, and it has since
been purchased by Mark Parranto, and is being proposed for residential use.
Parcel 1111
This parcel was looked at by Staff many months ago. The parcel is being
marketed at $25,000 per acre, (plus assessments) for that area which has
multiple zoning. Planning did. not proceed beyond inquiring based on acreage
• costs,, and a cursory review of topographic features.
Parcel 1112
This parcel is located in the east edge of the City, north of County Road 1130.
Review of this site did not proceed beyond an investigation of the City's
Storm Sewer Plan, which envisions a major ponding area here. After removal
for this ponding area, the residual land parcel did not provide sufficient
area for the siting of facilities, and the Staff dropped this site from any
further consideration.
13 1?
Parcel #13
This consisted of two parcels; both are south of Westcott Road. Staff review
of the parcel east of Dodd Road actually extended into Inver Grove Heights.
Study included the piecing together of a topographic map, and the layout of
facilities. A ponding area, an existing farm house, and a steep topographic
incline from north to south, made a study of the facilities difficult. Only
after adding the adjacent parcel in Inver Grove Heights, was the parcel more
workable. However, even after adding the Inver Grove Heights parcel, Staff
concluded that the site was not suitable, unless extensive grading were
undertaken. Facility orientation was considered secondary. The parcel on the
west of Dodd Road is relatively flat as it abutts Westcott Road. It steepens
with a ridge line and drops off further to the south. This site could
accommodate facilities relatively close to Westcott Road, but moderate
grading and clearing would be required as the site proceeds to the south. The
Comp Guide Plan indicated R-2 land usage. This site may be the next best
alternative to Parcel 15. Further review would be required.
Parcel #14 •
This is the area immediately to the west of Northview Athletic Fields. Staff
reviewed the entire forty (40) acre parcel, but determined that only fifteen
(15) acres were really suitable for athletic site development. This is the
acreage immediately west of Northview. Commission and Council have agreed
that acquisition of ten (10) acres, with the development of three ball fields
would be suitable.
Parcel 15
This consists of two parcels, one of forty-three (43) acres and the other
twenty-two (22) acres owned by Ed Dunn. The Commission looked at the entire
sixty-five (65) acres as one unit. It was determined that the Ed Dunn parcel,
which is immediately south of Cliff Road, was a difficult parcel to work with,
because of an exception to the parcel (which is the site of a farm house),
• and a large ponding area. These two constraints made this part of the parcel •
difficult to bring in fully dimensioned facilities. The southerly half, or
the Barr parcel was viewed as a future athletic site. The topography of this
parcel is somewhat difficult. However, due to it's predominant bowl shape to
the parcel, grading and development costs are seen as significantly less than
that of the Peterson parcel. Major concern to the Advisory Commission has
been access to the parcel, and it's distance from the major portion of the
community. It is recognized that being an athletic site, most of the use
would require vehicles, and therefore, it's location was not seen as a
critical element in the reviewal process.
/3�
This was intended to be a brief synopsis of each of the parcels that Staff and
Commission have reviewed. If the Council members would like any additional
information regarding the specifics of a particular parcel, Staff would be
happy to provide that information. Further, Staff would be willing to review
any other parcels that the Council feels might be suitable candidate site(s)
for athletic usage. If the Council wishes to proceed with an intensive
reviewal of alternative site(s), Staff would ask, however, to be authorized to
negotiate with the Barr family a purchase option. The purchase option would
allow the City another 60 to 90 days to review any other candiate sites
proposed, without the fear of loosing this parcel to developers, etc. The
City has already seen the effects of growth in the community with several
parcels, which were under consideration as possible sites, and then acquired
by other developers, i.e., the Peterson parcel, and the parcel east of the
highschool site, etc.
I will be present at your City Council meeting to respond to any inquiries
that you might have regarding the parcels.
E
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•
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•
STAFF REVIEWED
PARCELS
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Zoning Map — City of Eagan Zoning Map Indexing
L
I
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: ADMINISTRATIVE SECRETARY FINNEGAN
DATE: JULY 31, 1986
SUBJECT: EAGAN GREEN APARTMENTS
On July 30 a call was received from Mark Ulfers of Dakota County
HRA informing the City that .the owners of the Eagan Green Apart-
ments would be terminating their rent subsidy agreement with HUD.
The agreement expires September 30 and will ,not be renewed by the
owners. This applies only to the Section 8 subsidy. The 236
subsidy will remain available to the tenants. Simply put, the
apartment complex would no longer be rent subsidized but rent
subsidies could be applied for and received on a case by case,
individual basis.
Mr. Ulfers reported there are approximately 90 to 100 tenants at
• the Eagan Green Apartments who are currently receiving subsidies.
Some of these tenants are elderly and some are handicapped. The
HRA has been deluged with phone calls from tenants attempting to
finding housing in the area. The HRA is attempting to assist
these tenants by working .with HUD and have requested that the
termination of the subsidy be postponed until October 31, 1986.
They have not received any word on this postponement. The HRA is
also looking to the utilization of the Section 8 certificate and
scattered -site programs.
At your request I obtained the owner's name from the management
company that oversees the apartments. Penny (454-5667) from the
management company told me that Eagan Green is owned by Tonka Way
Partnership and suggested I talk to Mr. Timisch (874-9672) for any
questions we might have regarding this issue.
®On July 31 I called Mr. Timisch and asked him why the partnership •
was terminating the rent subsidy agreement and what they had in
mind for the future of the complex. He avoided answering the
first question and said that they weren't certain how many of the
tenants would be leaving, therefore, it would be difficult to say
what they would do in the future. He assumed that some tenants
would stay under the 236 program and the other apartments would be
rented at the market rate. ,I then asked if they intended to turn
these apartments into condominiums. Mr. Timisch was evasive on
this point but did say that even though the Section 8 program had
been allowed to expire, the property is still regulated by HUD.
I then repeated my question about the Partnership's decision to
terminate the Section 8 agreement with HUD. Mr. Timisch hesitantly
replied that "unforeseen difficulty with HUD" prompted their deci-
sion. He felt that HUD was very difficult to work with and that
decisions they made were often times arbitrary and inconsistent.
He did not elaborate. No further information was offered.
Administrative Secretary �z,
.,eiOif -W-AC` m"a JRQ 14801 GLAZIER AVENUE. APPLE VALLEY. MN 55124 •'16121432-7101
City of Eagan
Mayor and City Council
I attended the public hearing July 29, 1986 at City Hall regarding a
preliminary plat and rezoning request from Wispering Woods Third Addition. My
development, Oak Cliff, borders this property on the south side. As you know,
the Fourth Addition of Oak Cliff was approved this spring and is currently
under construction. The First Additions are developed and the four custom
builders have built many nice homes ranging in value from $140,000 to
$200,000.
At the public hearing, the developer of Wispering Woods reported they intend
to build housing in the $90,000 range. They do not intend, to have protective
covenants, and they are requesting most every variance there is.
Oak Cliff was designed as an upper value area because of the woods and
beautiful setting. The buyers have even surprised us by wanting and buying
bigger and more valuable homes.
Oak Cliff saves trees by having bigger lots and does not need variances which
make a development look smaller. Oak Cliff has protective covenants that
protect the home owner and sets forth minimum house sizes and limits the
exterior lot area uses. Every owner knows what to expect.
• Not only are the residents living in Oak Cliff upset, my custom home builders
are asking how they can sell housing in the $150,000 to $200,000 range with a
low value project next to us.
I feel my Fourth Addition to Oak Cliff (35 lots) under construction is in
danger of not being able to maintain its housing values.
Sincerely,
OAK CLIFF DEVELOPMENT INC.
Richard W. Winkler
President
RWW/smh
�,\NNE�T4
Minnesota
20
a Department of Transportation
District 9
OFTaP`'yc° 3485 Hadley Avenue North, Box 9050
North St. Paul, Minnesota 55109
Telephone,
July 28, 1986
779-1178
Mr. Thomas A. Colbert, P.E.
Director of Public Works
3830 Pilot Knob Road
P.O. Box 21199
Eagan, Minnesota, 55121
• Dear Mr. Colbert: •
SUBJECT: S.P. 1980 Q -35E) at Cliff Road
I have received your July 22,1986 letter expressing I concerns about signing
for northbound 1-35E from westbound Cliff Road. You indicated the signing
was causing confusion and some motorists were turning too soon (at Blackhawk
Road).
We also had noticed this problem and recently relocated two signs to
solve this problem. The I -35E directional sign originally located'just
west of the Blackhawk Road intersection was moved approximately 100 feet
further west. This was as far as it could be moved without interfering
with the sidewalk. The Right Turn Lane sign for the entrance ramp was
also moved west about 100 feet.
® We expect these changes will correct this problem. Please let me know •
if any concerns remain.
Sincerely.,
Kermit K. McRae, P.E.
District Engineer
/N
An Equal Opportunity Employer
•
•
MEMO TO: ARNIE ERHART, SUPT OF STREETS/EQUIPMENT
FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS
DATE: JULY 29, 1986
SUBJECT: INSTALLATION OF MISCELLANEOUS TRAFFIC CONTROL
PROJECT 427 & 461 (YANKEE DOODLE ROAD - RD CLOSURES)
I have been informed by the Dakota County Tia'ffic Engineer that
effective July 30, Yankee Doodle Road from T.H. 13 to Coachman
Road will be closed to through traffic. On August 11, Yankee
Doodle Road from Denmark Avenue to Lexington Avenue will also be
closed to through traffic. As a result of these road closures,
additional traffic will be detoured onto adjacent local streets
creating the need for additional traffic control and
restrictions. The following is a list of sign installations and
striping that should be installed as soon as possible.
1. Blue Cross at Blackhawk Road
Install "Right Turn Only - Left Turn Only" signs and
striping as indicated by the attached diagram.
2. Silver Bell Road from Blackhawk Road to T.H. 13
Please post "No Parking This Side" or "No Parking Anytime"
on both sides.
3.
Denmark
Avenue from
Yankee Doodle Road
to Duckwood Drive
Install
"No.Parking
Anytime/This
Side"
on both sides.
4.
Duckwood
Drive from
Denmark Avenue to
Pilot Knob Road
Install
"No Parking
Anytime/This
Side"
signs on both sides.
5.
Duckwood
Drive from
Denmark Avenue to
Pilot Knob Road
Install
"No Parking'Anytime/This
Side"
on both sides.
6.
Krestwood from Duckwood Drive to
Crestridge
Lane
Install
"No Parking
Anytime/This
Side"
on both sides.
7.
Ashbury
Road from Birchpond Road
to Blackhawk
Hills Drive
Install
"No Parking
Anytime/This,Side"
signs on both sides.
In addition, we will have to continue to monitor Town Centre
Drive from Denmark Avenue to Lexington Avenue to determine if
additional "No Parking" signs may be required. Therefore, you
may want to order additional signs to have on hand for quick
installation if it becomes necessary.
•
ARNIE ERHART
JULY 29, 1986
I would appreciate it if you could make arrangements to have
these signs installed as soon as possible in anticipation of the
Yankee Doodle Road closure as scheduled.' Several of these
requests are also justified by past accidentreports and the
anticipated opening of the Town Centre community shopping center
on August 1.
rl-?L LO
Dixrector of Public Works
TAC/ jj
® cc: Jay Berthe, Chief of Police
Rich Hefti, Assistant City Engineer
,Tom Hedges, City Administrator
40
U.S. Department of
Transportation
Office of the Secretary
of Transportation
Assistant Secretary
400 Seventh St., S.W.
Washington, D.C. 20590
The Honorable Bea Blomquist
Mayor, City, of Eagan
3830 Pilot Knob Road
P.O. Box 21199
Eagan, Minnesota 55212
Dear Mayor Blomquist:
Thank you for your letter in which you express the support of the
• Eagan City Council for the proposed acquisition of Republic •
Airlines by NWA, Inc.
Because of the significant competitive and public interest issues
involved in this case, the Department instituted a formal
evidentiary hearing before an Administrative Law Judge. These
hearings were completed on May 7. On June 27, the Administrative
Law Judge issued his recommended decision which found that the
proposed acquisition should be approved conditioned upon the
application of Allegheny -Mohawk labor protective provisions, we
expect to issue a final decision on the application by July 31.
As this case must be decided based on the record developed before
the Administrative Law Judge, I am sure you will understand that I
cannot comment further on its merits at this time. However, a
copy of your letter and this response will be filed in the public
® docket that has been opened in this proceeding.
I hope this information is helpful.
1�7
Policy
'airs
TO: CITY CLERK VAN OVERBEKE
FROM: ADMINISTRATIVE ASSISTANT WITT
DATE: JULY 24, 1986
SUBJ: ON -SALE LIQUOR LICENSE(S) - COMPRI HOTEL
Staff has reviewed three options for granting on -sale liquor license(s)
to the developers of the Compri Hotel. They are interested in on -sale
liquor being available at both the hotel and a free standing restaurant
to be constructed later. The options, with applicable city code sections,
are as follows:
tion 1 - Two facilities for one licensee
5.05 No person shall be granted beer, liquor or wine licenses at
more than one location.
® 5.07 A license shall be valid only in the contiguous structure on
the premises described in the license. All transactions re-
lating to a sale under such license must take place within
such a structure.
Option 2 - Two facilities - Two licenses
5.01 ..."Hotel/motel" has a resident manager;... serves full menu meals;
(18) ... has 25 guest rooms; ... has a lobby, registration office and
service staff;... has a dining room for 40 guests at one seating;...
where the general public is served meals;... where 60% of the
facility's income comes from food and lodging;... and has an appraised
value of $200,000 for the part of the building serving liquor.
5.01 ..."Restaurant" (other than hotel/motel)... with one manager;....
(23) serving full menu meals to the general public;... with 60% sales
coming from food;...'with seating for 30 guests at any one time.
5.52 No more than one license shall be held by any person.
subd.9
Option 3 - Club license (hotel) and on -sale license (restaurant)
5.01 "Club" means a corporation for ..: business purposes, having
(15) more than 50 members .... having been in a suitable building
for more than one year... No one is paid compensation by way
of profit from sale of beverages beyond•a reasonable salary..
Such club must be incorporated and in existence for at least
three years.
5.01 "Fraternal club" serves members and their guests. Profits
(16) are for the community and not for any individual.
5.52 On sale licenses are granted to hotel,motel,restaurant and
subd.10 fraternal clubs.
5.02 The Council may, in its sole discretion and for any reasonable
subd. 4 cause, refuse to grant an'y/dapplication.
�r0
DISCUSSION:
Option 1 - Two facilities, one owner
The City Code clearly indicates this is not a viable option. A licensee
cannot have a license at more than one location. The license is for a
particular structure at a location described in.the license.
2 - Two facilities - two licenses
Existing code says there is to be one license per applicant. Therefore,
the two facilities mustb6wned by separate licensees. There can be no
commonly held financial interest over15% between the two licensees.
Tne issue was raised regard a restriction of one license per Planned Unit
Development. The minutes of March 6, 1979 (attached) indicate that one
on -sale license was a condition for approving the Vogepohl application.
The area affected was the Bicentennial Planned Unit Development. There
is no evidence that such a restriction applies to all commercial PUDs. •
Option 3'- One on -sale club and on on -sale liquor license
This does not appear to be a viable option. The code 'states that on -sale
licenses may be granted to fraternal clubs and the hotel does not fit that
definition. Even if the code were amended to "club", the hotel would not
meet the test of being in the building for more than one year. Further,
the two licenses could not be held by the same owner.
IBLE COURSES OF ACTION:
1. The City Council can refuse .to grant any on -sale license.
2. The City Council can grant an on -sale license to the Compri Hotel
with the proviso that a second on -sale license will be available
n:. for the free standing restaurant only if it is wholly owned by
another party.
40 3. If there is to be one owner of both facilities and their preference
is for on -sale liquor at the hotel, The City Council can grant the
liquor license for the hotel and a wine/beer license for the restuarant.
•
52
Liability of City
111111111111k Council Members
What 42 U.S.C. § 1983 Says
John D. Maddox and
Eric H. Zagrans
Council members have an oppor-
tunity to serve the citizens in
their communities. Along with
public office, however, comes
amenability to lawsuits under 42
U.S.C. ys 1983. The authors dis.
cuss how public otYcials can be
sued under § 1983 and show
how they can increase their ef-
fectiveness while decreasing
their potential for civil or crimi.
nal liability.
Council members hold an of-
fice in which the, opportunity
to serve citizens is almost as
vast as the legal entanglements to
which they are subject. Entangle.
ments include potential ckil liability
as well as ethical and criminal stric-
tures that do not apply to private
citizens. If, however, council mem-
bers seek 10 understand the legal
ramifications of their position and
conduct, they can maximize their ef-
fectiveness while minimizing their
potential civil or criminal liability.
Under federal law, the primary.ve-
hicle for potential civil liability is a civ-
il rights suit under 42 U.S.C. § 1983,
John D. Maddox, formerlvDirector
of Law, Cleveland, Ohio, is a part-
ner in the firm ojArier & Hadden
in Cleveland.
Eric H. Zagrans, formerh Assis-
ram Professor of Low, Case Rest -
ern Reserve University Law School,
is associated with Arler & Hadden.
This article is adapted from a
speech Mr. Maddox gave to semi-
nars for newt v elected council mem-
bers in the Cleveland and Colum-
bus. Ohio, areas.
which states, "Every person
who ... subjects ... any citizen of
the United States ... to the depriva-
tion of any rights, privileges, or im-
munities secured by the Constitution
and laws, shall be liable to the party
injured ... .
There are two ways a local public
official can be sued under § 1983 now
that cities are deemed to be "persons"
within the meaning of the statute.' A
§ 1983 suit can be brought against a
public official in his official capacity
or it can be broughtagainst him in his
individual capacity.
Official Capacity
If local officials are sued in their
"official" or "representative" capac-
ities, the suits are construed to be
against the city itself. Liability falls on
the governmental entity that the offi-
cial represents.'
Since cities are not entitled to a
qualified immunity from damages ha-
bilit in § 1983 actions and may not
share in any qualified immunities to
which their officials might be en-
titled,' public officials who are sued
in their "official" capacities are also
not entitled to rely on any qualified
immunity because the suit against
them is the,same as a suit against the
governmental entity they represent.'
Similarly, because municipalities
are immune from punitive damages,`
public officials sued in their "official"
capacities are likewise immune from
punitive damages, even though these
damages are otherwise available in
§ 1983 actions.'
Individual Capacity
A public official who acts under
color of law to deprive a person of
constitutional rights is potentially lia-
ble under § 1983 for damages and in-
junctive relief, and under 42 U.S.C.
§ 1988 for attorneys' fees. The courts
have developed two immunity doc
trines that apply to local officials lik:
city council members.
Although the Supreme Court it
Lake Country Estates, Inc. v. Taho,
Regional Planning Agen(rO explicit
l), reserved the question of whether to
cal legislators are immune fron
§ 1983 suits when acting inIsla
tive capacity, every federa,al:
court that has addressed the questiot
has extended the holding in Lak,
Counrrl, Estates to provide absolutt
immunities to local legislators actin
in a legislative capacity. As the Cour;
of Appeals for the Ninth Circuit said.
"Members of local legislative bodies
have complete immunity from suit
based on their legislative acts."`
City council members, who are ab-
solutely immune from suit when the%
undertake legislative acts, receive les,
protection when they perform non-
legislative acts. They enjoy merely e.
qualified rather than absolute immu
nit- from damages liability."
Their qualified immunit M ache,
for actions taken in good i:ith-
in the scope of their authority. The
qualified immunity from monetan
damages does not preclude injunctive
or declaratory relief and, thus, potem
tially lawyers' fees." The test for
qualified, good -faith immunity frorr.
§ 1983 damage liability is an objective
standard based on reasonable belie!
that the actions of the official were
lawful. If, on the other hand, the offi-
cial knew, or reasonably should hay[
known, that the actions taken would
violate the constitutional or statuto
ry rights of another, the official is no:,
entitled to immunity from damages,
Whether local legislators act in
legislative or nonlegislative capacity i•
thus crucial to determining the scope
of immunity. For some courts, an ac-,
that applies to the community gener.
ally is a legislative action, while con
duct directed at one or more indi.
TRIAD.. Jul,
victuals is an executive one." Other
courts have taken a more limited
view, requiring a vote for legislative
action."
The focus should be on the nature
of the council member's action rath-
er than on simple tests like which in-
stitution acted or whether a vote was
taken or who was affected. As the Su-
preme Court has explained, "Whether
actions ... are, in lawand fact, an
exercise of legislative power depends
not on their form but upon 'whether
they contain matter which is proper-
ly to be regarded as legislative in its
character and effect.""'
Therefore, in determining whether
a council member would be absolute-
ly or qualifiedly immune from : 1983
liability, the courts must inquire
whether the member was acting as a
legislator. Sometimes this is a difficult
distinction to make.
A Burbank, California, council-
man repeatedly blocked a rock con-
cert promoter from getting city
contracts to hold concerts. A jury
found that the councilman had acted
in bad faith in violating the promot-
er's first-amendment rights and was
liable to the promoter for compensa-
tory and punitive damages and law-
vers' fees. The Court of Appeals for
the Ninth Circuit affirmed the dam-
ages award because it held that the
councilman had acted in his executive,
rather than his legislative, capacity in
voting to disapprove each of the pro-
posed concerts. The court concluded
that the Burbank city council was sim-
ply monitoring and administering the
municipal contract by voting on pro-
posed concerts and that such adminis-
tration is an executive function
because it is the type of ad hoc deci-
sionmakine typically engaged in by an
executive rather than the formulation
of policy "as a defined and binding
rule of conduct.""
In Greenville County, South Caro-
lina, a council committee considering
a real estate developer's rezoning pro-
posal ordered the building and plan-
ning commission to "freeze" the
processing of all building permits for
the area in question; naturally, the de-
veloper's was the only one pending.
Testimony subsequently established
that this was the only time the plan-
ning commission had ever been in-
structed not 'to process a valid
building permit. The developer
brought suit against the individual
54
council members under § 1983 for
violation of founeenth-amendment
rights. The Court of Appeals for the
Fourth Circuit concluded that the
council members had assumed non-
legislative roles in dealing with the de-
veloper's permit application and that
absolute legislative immunity, there-
fore, did not extend to them."
In another rezoning case, again in-
volving the county council of Green-
ville County, South Carolina, the
council rezoned an area of land to
prohibit multifamily dwellings against
the recommendations of its staff, thus
diminishing the value of plaintiff's
The focus should
be on the nature
of the council
member's action
rather than on simple
tests like which
institution acted or
whether a vote
was taken or who
was affected.
land from $15,000 an acre to 52,000
an acre. The Court of Appeals for the
Fourth Circuit held that defendant
council members were absolutely' im-
mune because they were acting With-
in their legislative capacity. The court
concluded that -the possibility that the
legislators may have been "political -
Iv motivated" cannot take away from
the legislative character of the
process that the plaintiff complained
about."
Good -Faith Guidelines
In general, the guidelines are -
9 When council members dis-
charge their legislative responsibilities
in good faith, they maximize their de-
fenses and minimize their potential
liability.
e When they discharge their offi-
cial nonlegislative responsibilities in
good faith, they still have defenses,
but only a qualified immunity under
federal law,
e When they stray into the official
responsibilities conferred by charter,
statute, or ordinance on other govern-
ment officials, they minimize their
defenses, maximize their potential lia-
bility, and may well give up their
representation and indemnification
rights. i
Notes
42 U.S.C. 9 1983(1976).
r See xtonell v. Department of Social Ser
vices. 98 S. Ct. 2018 (1978).
' Brandon v. Holt, 105 S. Ct. 873 (1985).
Owen v. City of Independence, 100 S. Ct.
1398 (1980).
' Brandon, 105 S. Ct. 873, 878.
' Cip of Newpon v. Fan Concerts. Inc.. 101
S. Ci. 2748 (1981)
' See Smith c. wade, 103 S. Ct. 1625. 1640
(1983): Care% c. Piphus. 98 S. Ct. 1042.
1049 (1978).
' 99 S. C1. 1171, 1178-79 n 26 (19•
' Kuzinich v. County of Santa Clara, 689
F.2d 1344, 1349 (9th Gr. 1982). See also
Cinnision Corp. v. City of Burbank. 745
F,'d 560.577-80 (91h Cir. 1984); Aitchison
s. Rarfiani. 708 F.2d 96, 9899 Ord CIT
1983): Rad v. Village of Shorewood. 7W
F.2d 943. 952.53 (7th Cir. 1983): Espanola
Way Corp. v. Meyerson, 690 F.2d 827, 829
(11th Cir. 19821; Hernandez v. City of
Lafarntn 643 F.2d 1188, 1198 (51h Cir.
1981); Bruce v. Riddle, 631 F.2d 272. 279
(4th Cu. 1980).
1° Kuzinich, 6891F.2d 1345, 1350.
Wallace v. King, 626 F.2d 457 (4th Cir.
1980).
" See, e.g., Rogin v. Bensalem Township. 616
F.2d 680, 693 & n.60 (3rd Cir. 1980); %isr-
v c. MagnzreW. 542 F. Supp. 1331, 1332-33
(N.D.N.) . 1982); ThrecRivers Cablevision.
Inc. v. City of Pittsburg, 502F. SAM 1118;
1136 (W.D. Pa. 1980). see 0 E2 v.
Hoover, 539 F, Supp. 532, 534 (E.D. Pa.
1982) (employment decisions we'essenfiatly
adminmronve in nature-) lemphasis in
original).
" Espanola I4'a5 Corp., 690 F.2d 827, 829-30:
Hernandez, 643 F.2d 1188.
INS v. Chadha, 103 S. Ct. 2764 (1983).
" Cinevision Corp., 745 F.2d 560, 580 quo/-
ing Yakus v. United States. 64 S. Ct. 66('
(1944).
" Scott v. Granville County, 716 F.2d 1409-
1422-23 (41 It Gr. 1983).
" Bruce. 631 F.2d 272, 279-80.
Gia zanski
Is a disaRofree-lance
Nlustrator working in
New York City.
President's Committee on
Employment of the Handicapped.
Washington. D.C. 20210
TRIAL. !up' r
DAKOTA COUNT'
e.
o ,n H R A
-_-
MiN
Serving People and Communities
July 14, 1986
Thomas Hedges,
Eagan City Hall
3830 Pilot Knob
Eagan, MN 55122
Dear Tom:
City Administrator
Road
J U L 15 5 DAKOTA COUNTY
HOUSING &
REDEVELOPMENT
AUTHORITY
2496- 145th STREET WEST
ROSEMOUNT, MINNESOTA 55068
612-423-4800
Sakota County is currently completing the recertification process for the Entitlement
Community Development Block Grant (COBG) program. Dakota County first qualified as an
Urban County in 1983 and the recertification process occurs every three years.
The County's current Cooperation Agreement with the City of Eagan will continue to remain
in effect through the next three year program (Fiscal Years 1987 - 1989), unless you elect
not to participate in the Dakota County Entitlement CDBG program by excluding the popula
tion of the City of Eagan from the total county population count for determining eligibi -
lity of future Entitlement CDBG funding. If you do elect to exclude your population from
the total county population count, this exclusion would be in effect for the entire
upcoming three fiscal years. If the City of Eagan does exclude their population from the
county total, they will not be eligible to participate in the CDBG Entitlement program
during this three year period.
Your unit of local government must notify both Dakota County and the HUD Area Office no
later than September 1, 1986, if you wish to exclude your community's population from the
unty's total. If you do not contact them by September 1, the Cooperation Agreement w
'
knti.nue to be in effect for another three year period. Therefore, if you would like to�
continue in the Dakota County CDBG program, please disregard this notice; you do not need
to take any action to continue participating in the program.
During 1984, 1985 and'1986, Dakota County received approximately 3.6 million CDBG dollars
to perform Community Development activites. Many worth while projects have been funded
that benefit Dakota County communities and their residents. We looking forward to working
with all of the communities on future projects.
Please contact me with any questions regarding this process.
F:Yfe
ncceeres
Executive Director
MSU: sr
115y