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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 �v Lau Roswillo dal i Falcon Valley Figure 0.1 MINNEAPOLIS -ST. PAUL INTERNATIONAL AIRPORT AIRCRAFT NOISE ZONES L-- i Saint Paul I St. aork is i M144ipolls . Yo Edina %MOO� o west ` I • SL Paul � 1 �L ilydalo 1 i \ 'tai i \ lendotaI 1� Eagan i - s Noise Zan" I ammummism Existing Runway I I I Existing Airport Property I %) W- W -M (CGID" V K I al. w- N m i Flt R I jr, E , I �,)PT, 17 rfaL MARI_, W -t -VALLAR'D 112 1 T ,iY PARK" R pi 4Y: ;-Mit w WUJ -() .. b : Q'I$AT AFARI L. �;�ZN AT IS1 PAGAN 01 18 1 �2 k 'T' �``�, Ili _.� 111_ I ..JI '\ V.L. u 1 -,�"� 20- 19 RIVER W -Q 1r, rEST EN TEF 1 15" :)4' di RIDGECLIF C /A Djf N 12 1 1 -- , Q ' ADDITION IN. x J. AG�SON It �F.-Aj s T/ df �1�14A, w U c Y I21 t _ATE 5,v v� X, 15' DAKOTA' COUNTY c - SA ES w R mmm Z L/ HT OF WAY SANITA _U -r rNr %A1AV 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. 9. 10. 11. 12. a 30D BYANKEE- r+ IA �s S---7 I- RRA 3 CURB SET ON EXISTING STREET I- ' LIGHTED SIGN (AT GROUND LI PROPOSED STOP SIGN E H I B I T ��A" 1 - CURB SET ON EXISTING STREET I- ' LIGHTED SIGN (AT GROUND LI PROPOSED STOP SIGN E H I B I T ��A" i _INgLD_ zg3 Z IZLL Y&� � 1:�L-E E-D ..: v. tT+�ti.e�'rr:F. a.-vn ... .. .,..-., r ...__..., ... i.. /ti:,T�,:�s .'a-.r•� � - �3`18�LY 326DAY AF atter on -5o ._ aL7YT LII T o q No Sc,uG • o .� p1� � { 3 �jnrT• 4?" .:.::::::::............ .. aIk yL c 41+ o a::::::::::.:::: 6 0 5' ::::.::.:::::::::::::.:.:::: 4 0 )• t c�, S � s I 6 I a s t 5 012-50 :iiill?iii::::::::.::..-;':kidi.:y W •,Ps n� �/ .: of 4.. C L L7 f 00 o �( P 023-75 � c � 8 �c� '0 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 1 Jill III _ ELECTION =GE- OUI RL UPWENSATTO I -771-578T6-17 I L—I L ElecCion judgei _Head-(judge 15 Oo IMP 4-5 _ 1I- -� $4.00 I --L � _. I. ! - , k3.94 _ve'.' if $3.50 _ I-- __ -' — —�i— - —� —I — - I . I LL-LI I_I Brooklyn Center pays $70 and.$80 per_da Hourl calculations were _ _ y•j_ da _ based a 15-hour day, t$3 00 -I -- --i- --il— I AV BC* BP B CR E MG M: �I I N d i ty N d i cj a rl O N q rl LL H j q 10 ,_�q__i O NO __..P .O j _ a o o .y 2: _ I o I_— __ ------'-.� 6- ---- w TIET-L_— 1 -- 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 '• N L!Lll1Pe L.f aa• 9 j .` � p IC. , }.[ / I •`� .� . Y'.q \7 -�i_ ,orfi nt Yo![w[m.tvuw[o, [ 1 !F %aI xonTwvin wuoawan A[• 1 ,dad /� II• i , 4" •t Ti I awco ro w.yt. rt. R—I&Lj I ` 'fir, rFF waa•m•.a.axo.[L /\ p ■■ n f f , • '- /°"Flip L/r '-r - 'IA T m a+o.• 1w[ ,[u- L J +r !!/ \�� ■..V .�� `-a r�•., waNWESSI`EMr LIN Lr • •`�' \/� $ /' IN HERLr LINE OF • ai \\ • 4� �/ «� � p r �� n\r • 1 ♦ a �, / NIW[NV". YlAGaWl rT ( / S(WNfRLr LINE 1W � �• "<mrin \ //i'r w r E ,f•!r•u• f cr YeAow.! > {\< \ v • �/. r �/�J .. .. /e. oe ?ter• �— It .r :4`� ��•.M\ J/ / //� ; \ \\�/ , ♦ F• `�.�//• Il I I• N I •I 1• 1'. M '% e: •� t�` \1 � �• � w\�/ / � � '? _�Il�/ �rl. w�TTMYI[=lrzi i `'� /•" + / / �/ _ r TRAIL is �> `iO4 / ■ L �/` moi/ tJI, NJ 13 H ACV i✓C��^ ��/ l� _--) • y���Q(((111 I 14 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 i. f tJ r 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 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 $0 is a copy of the requested vacation. All notices have been published in the legal newspaper and sent to all potentially affected utility companies with no objections received to date. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the vacation of the drainage and utility easement as described over Lot 4, Block 1, Eagandale Center Industrial Park 6th Addition. 4z9 m \ o Z a r W/ •(R\ 7 \ 100 ^� D A L E �\ � L_ I+v I L_ I, SCALE \S`�9• The West line r ^ R INDUSTRIAL 0 ,Q/ r f— \ I \ to how °Dar DRAI Ix O UTI LITT �- V`4 O Denotes 11 _i- R • / EPSEMEXT�\ /�\ ���T4 _ I R by Regietrr• •• L 11 � / n r� n__. , �� r•- n T n I r`� I f` ago I _ —51 —SO°04'45"E-396.09 �. .59'U91s E I I LOT I;% 1 �1 -•�-N�E ,` I8 DRAT 91,050 SOFT. EASEME 2.090 ACRES n^ Js69°m'04 c�- <MAINAGE e UTILITY ^ EASEMENT LOT 4CN 3 3 J \> -' q q 4� - 298,353 SQ.FT I co _ WISE I N/e•�,I , °�• 6:849 ACRES I m ANO 10 E 'L f Imo( `•— %` Y/�` � LINES lr r'^1 r't'C \`h9.?\� y X]•OT'31'E See•g9'GE•E 1\'�/l��/. `—' I 1 _�p,"„” ,�"(, ------ lao.71 e, 'COURTEAGANALE-612.50 CR S \ c5 �__ZyZ sy• _741.97 __� So oa a5•e- COURT 0.014 ACRES _847,68"_ 35.00 \ •9°b pn°p n�nn (pSEMEXAINAGET U'13 �- \ gFPpryF°9 I f�� I . _` 1^� /^� 1oi.{pl1•� P°yA�y'�'S Ir 1r-'r1 aP� � 256,540 SQ. FT. y V000 a� `$ 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. 70 71 0 2 0 E 0d r UO // I n It V ado 2 ) 3g7 / / e6 r eose�/ / 3� �Lc' dad JI e lql iv x fLAND gJRVEYORS lr�.l fj • / \ / i j/� j � `1 Cokulolion Jbwl !or Y/LLRG£ BINDERS, /NC, 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. 0 W 75 A a� Y, 7 r '� :. (i' y�/4�1 i�� 1 BLOC � �iJiLVINC UG FT. k16 i4 COUNO 22C U SC{. FT. �AuviTC2lvri FoR Gi:NG/:E6r1T74V) s —-------- -- -------I SrA/2s c? r 771E LARE,10,,2e eAcx Vuu,2 EX, T IXw:.Z 171 -r. Aca:c 55, C I.E 'Res rnco"u AVAIWCLC AT rye ra� 7riE Sr -AIA \1 I F H.�LC/✓ii 5 1 VPs Try/l �IJ?5E(Zy PNv � 1 C1FFi C.F AREA 875' SQ %r S/OcWALA< P�P.k/itJC; Lcr 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 • -111. 1 1.." 0 raw AFLO YVALLEY YEE O"l'EnhL) `-- South line of VALLEY Vi EW PLA7 149 G _ b r 380.00(PLAT) 1 F SFI LC i,',FRE ` —,,STREET 1 1^ PARCEL fSD DREr,HR o �°a 1EO.00IRNTI PARCELS ►— ' 3 ' 117,445sq.tt PARCEL "D " ^''-4°— - n ' 2.696 Ac ' $ 217,799 sq. ft. I �a 0 28,875sq.it. o" 5.000 Ac. South Iine of VALLEY Vf LI. PLAIEAD c'ALAI NO. 2 J�I NTr•'1'1 . EW 18°(PLAT) )7'(MEA.S)uao•S1'S5'F 80000(PLAT) 799.72(MFAS.) LTM Hcdsf p 3T!lolE $ENEMY A '26'W —T�� 380.00(PLAT) 1 F SFI LC i,',FRE ` —,,STREET S89.45'26'W 1^ i]]Ob o tON 66 1EO.00IRNTI ]A_xlYEtl.) "B" soafli:est comer of' PARCEL PARCEL Douen®ent Lot 6. ^''-4°— g ' sec. I. Iw. 27. I �a Rge..3 28,875sq.it. o" 33,769sgft. - 0.663 Ac. 0.775Ac. '26'W 379.66(MEAS.) -' 380.00(PLAT) 1 F SFI LC i,',FRE ` 1 ' SCALE' I'• 100' 750.12 55212 — — w _p I S89.45'26'W 1^ ` forth line of !RIFFL( ACRES o �I o Z Q ¢I I IN I �a 331 • 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 �Ffi Iati,y-FOC I alwe ar nmr unt. nu[• I•BMC LOO VYUL ,ItKL S_1116 YLSN / FLOP \' Ufa P Mn YITLLILL - �o•.. Te[ or INC OF ,E -2- A iiz /'fir (/� . . 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 I Me" I.0 -c. ................ ................ ................ ................ SUBJECT PARCEL E -Z .AIR PARK BLUE'I P- 56, J9. I I EP -2 829.0 856.0 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. qa v L4wN f 'II II 77 , A/rr/I R� hAs rMc . 49D \ s-YWt• IIrt-i - U LfbltY L lands, I.AL[ -IiI:J rA--.f A.• %f r .._ _. .. - Cliff Road ig mg � County Road 30 Pq S.s:J ��G ice•-, il4dall Sh®aping lbb Eagan 30.7C ,Safarr C.e i o Partnership Eag Fortune Realty Inc.aDrive s , ` Pq S.s:J ��G ice•-, ur�.—r 5 .n:.- /a qui i 1 � a rtlrr i, .Se 1.•. 1 I I ' — � --� I ". � I ILJ . _�r..n •:•JJi IrL �-__ . 425-0 .7�-. rr;. c_c t -�;• •l..r.0 r.nr..ra _.� 7Cu:a Ca.1. 1 1 'j` 1 I� MI5 r. ;.na� U� i5• _ 1,2•ab+ � I I 11 =Inrr r . Y1 ti I of I _ I -IM IPIIYH ._ �1 -1^ I �. ��------ �-- Cliff Road S uce-Y1 Mall S Uopprhi .venter � Eagan, Minnesota � i'p _: ���• Site Information: Occupancyr �: 1....: r ny er rug Nuwe Red Owl I , I ,r -.r is fir'♦ i a t�(y(�/���� I I^� i,. � I � 14 o •1 :•ems Y� os-+�a 1 �,. ._ .N .SIN. ..a. ....N .K '-"i--' 1 N R. LN. N •— 1I 1 � 1 — =Inrr r . Y1 ti I of I _ I -IM IPIIYH ._ �1 -1^ I �. ��------ �-- Cliff Road S uce-Y1 Mall S Uopprhi .venter � Eagan, Minnesota � i'p _: ���• Site Information: Occupancyr �: 1....: r :i •� -.r is fir'♦ :7a^} 4�A 14 a+- T.!r.L p.Dj !!`' t Parking: p+>r'; mw , f.c .'It •�r.: •. •u. etc 'H _ site plan -. .. I'• •. . •' K.PI 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. DCR/jj /0 EAGANDALE OFFICE P�ARK2N�DADDI�TION .......... .. . ..... . ... .. .. ...... . ..... . ....... .. ..... . . . . . ..... LET:v BLOC Az, i LOT CtlBYBTE-j CENTER L T • 2 I LOT LOT 4 ul 1 BLOCK l IN, Ir., 2 0 0 BMEET INDEX 1WIII IIY a 3[ki G [!,1 !141 Qe2� Se i%=j °g Ni i= 151+ Ea:Et !: 1! Vai iv s� dQ EM ad 1E �° gE$ev = ';E•' `_ �kQg �9ESv$ f°Q$° QZ$� iia • tF$i ; p; �$�Q+ °: Q 6 ` — EAGAMUE OFFICE CeWFM - PHASE P PLi •� E�YNE �L ww P.O.b.l6 Y..p•.Y4S•� IQ6•,Y V VIIM S.i�bn —Ag/ R ®OPUS tLL®/OVIWyY • TI E. W.m�/••., Y•r�, ,Y SL@I•YISIH® • ]q YO�.n..,•�.,Ytf0b1�1 M11ID 0 0 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 . . O COO, 0•�A ... � . . Q OFWlA0P9141• • 1 4 µ ACM/I,OnI-91Nr• r � u. ..I..n ru..y .w.n ••.u..y .I 1 l t D •m f• i � $ '' � it TIP • • •• �'� �� Ii :Tl n{Tl•a'J•L r �'_–__./C•J.�^Y�IVrun.n\� -/I:C _, _-� ~– n — - eI mom,,.- - �.•-- ->-ti.. � a_-- _� F ,.-e,a:.r•-1 r y �I -- ,--i•. ------- JIWAR jI ,I X1.1-` y � `� � - � � p ( 1\S� �^` \ ~' r• �� . 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AA FLOOR PLAN akvxy d F I'I _ FFlsa? endssnunrrMaa'wE. 5mri1bH ]5:.:5 :6:ir. ' fYfe+A11.H 1S.5ii :ei.. W.W6111h %;.566 ".k V85:1 .S'aee .oi., k'WWA lit L55111':P gg K kUl 5aa.Ae 1115'8 d'A LL1L1 Yii 5;a5e io.'i+. �I` Ll ! EALil H66A IWA PXdFEcSI'd'c1H"oN'MAP 3] i Illi - ' 6 1. is 0 SECMN 0 AVAL-OH AM SECTIW E .0 Avhl.� AM P -M LOt • E I `p Y: ^ t,•, fEpOq fallw '-_----�_---___ iWs1 .41 fkf0/! PE![IE11CJ "' ' OEP.a! AV/LW I,vL _____________________V.vvvav n �. Eltllw - --------------------~M1 PEmUU faltlq .VKG IYC PFlW4! P4Mw lo! !t secncw e r ..r I � � t I � '_ ?�'�.. moi•: Oa91Yq '-----------------~--- -� _www------1 F.'a fal 30N3AV NOIVAV C= I r�l j, 0 60-. CIFIFIC9 i r I 54' -%QK P - h 873p; 3�1 N 2. ( eis"I F I r - b -Nq I i6a q F -d .4D EE D -b %-% 1. LRE 8720 DIP 1 :L�) 85 il�-� 2 ZEHNDER 86 Dpml �- E-, E-, E'VLCNE C-1• D r - CCU 2 rE.L.S I . x D-, _OP I7 D -t, Dp- D, L.S.-30 •E, OP - 19 ---- 898 0 8 90.0 - — z.DP- 3 A . GdM6nif k OP -14 _CP -4 27.7 875?a0 0 S -4 847.6.,. %II _. .FFRE CP -3 8,4109 P3.51 IC7 .5 V=3- 1-,A:i,14AN 875.9 Fox P'A HK SCGE OF, 1 -1.100 DP -26 879,8 ziwC-4- —J� CIP-2 _8 823.5 aoENS 8,-9 -Ey- =KEWFNN1J% Zo.C-0 Y. ?1,hiJLHTS I ; app �.o 826 32 Cli -Cp�q i Vi 825.0 2 a op - 8573 DP -5 8480 Dip 9 -%b 860.0 85;.3 8628 i-4�77 CA JR1 AGE L ILLS I ; city of eagan standard PUBLIC STORM SEWER approved: plate WORKS MASTER PLAN Fig.. 1 DEPARTMENT L r •.i -----j mob• INTERSTATE 494 � J M u nTD c IIGNVIEW VE _ _... _ TRAPP..... _AVE. _ • 1048 ,'�. Ib49 �,DG� I SUBJECT PARCEL- ' a: I 1� FIGURE 2 M C WET TAP 1 nlD 5 G 1r0, WTo a ev. !• '� WET TAP 4 IN STRI NI I _ _.. BLVD. it--� iz WET TAP 1046 ,l \ _ � ,e " INTERSTATE 494 a Q� 79 9EI !HEFT Ell f1• N[[[flN, Iu[IIL UU1111 I 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 KV/bls • /�O • STAFF REVIEWED PARCELS S !\ —YTS \ _MENbOTA G IL B.. —A 1 3 0 51 1 0 nl m Ll 5 .6 KIISE Mi M '0 A.L:E 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 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 �v Lau Roswillo dal i Falcon Valley Figure 0.1 MINNEAPOLIS -ST. PAUL INTERNATIONAL AIRPORT AIRCRAFT NOISE ZONES L-- i Saint Paul I St. aork is i M144ipolls . Yo Edina %MOO� o west ` I • SL Paul � 1 �L ilydalo 1 i \ 'tai i \ lendotaI 1� Eagan i - s Noise Zan" I ammummism Existing Runway I I I Existing Airport Property I %) W- W -M (CGID" V K I al. w- N m i Flt R I jr, E , I �,)PT, 17 rfaL MARI_, W -t -VALLAR'D 112 1 T ,iY PARK" R pi 4Y: ;-Mit w WUJ -() .. b : Q'I$AT AFARI L. �;�ZN AT IS1 PAGAN 01 18 1 �2 k 'T' �``�, Ili _.� 111_ I ..JI '\ V.L. u 1 -,�"� 20- 19 RIVER W -Q 1r, rEST EN TEF 1 15" :)4' di RIDGECLIF C /A Djf N 12 1 1 -- , Q ' ADDITION IN. x J. AG�SON It �F.-Aj s T/ df �1�14A, w U c Y I21 t _ATE 5,v v� X, 15' DAKOTA' COUNTY c - SA ES w R mmm Z L/ HT OF WAY SANITA _U -r rNr %A1AV 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. 9. 10. 11. 12. a 30D BYANKEE- r+ IA �s S---7 I- RRA 3 CURB SET ON EXISTING STREET I- ' LIGHTED SIGN (AT GROUND LI PROPOSED STOP SIGN E H I B I T ��A" 1 - CURB SET ON EXISTING STREET I- ' LIGHTED SIGN (AT GROUND LI PROPOSED STOP SIGN E H I B I T ��A" i _INgLD_ zg3 Z IZLL Y&� � 1:�L-E E-D ..: v. tT+�ti.e�'rr:F. a.-vn ... .. .,..-., r ...__..., ... i.. /ti:,T�,:�s .'a-.r•� � - �3`18�LY 326DAY AF atter on -5o ._ aL7YT LII T o q No Sc,uG • o .� p1� � { 3 �jnrT• 4?" .:.::::::::............ .. aIk yL c 41+ o a::::::::::.:::: 6 0 5' ::::.::.:::::::::::::.:.:::: 4 0 )• t c�, S � s I 6 I a s t 5 012-50 :iiill?iii::::::::.::..-;':kidi.:y W •,Ps n� �/ .: of 4.. C L L7 f 00 o �( P 023-75 � c � 8 �c� '0 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 1 Jill III _ ELECTION =GE- OUI RL UPWENSATTO I -771-578T6-17 I L—I L ElecCion judgei _Head-(judge 15 Oo IMP 4-5 _ 1I- -� $4.00 I --L � _. I. ! - , k3.94 _ve'.' if $3.50 _ I-- __ -' — —�i— - —� —I — - I . I LL-LI I_I Brooklyn Center pays $70 and.$80 per_da Hourl calculations were _ _ y•j_ da _ based a 15-hour day, t$3 00 -I -- --i- --il— I AV BC* BP B CR E MG M: �I I N d i ty N d i cj a rl O N q rl LL H j q 10 ,_�q__i O NO __..P .O j _ a o o .y 2: _ I o I_— __ ------'-.� 6- ---- w TIET-L_— 1 -- 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 '• N L!Lll1Pe L.f aa• 9 j .` � p IC. , }.[ / I •`� .� . Y'.q \7 -�i_ ,orfi nt Yo![w[m.tvuw[o, [ 1 !F %aI xonTwvin wuoawan A[• 1 ,dad /� II• i , 4" •t Ti I awco ro w.yt. rt. R—I&Lj I ` 'fir, rFF waa•m•.a.axo.[L /\ p ■■ n f f , • '- /°"Flip L/r '-r - 'IA T m a+o.• 1w[ ,[u- L J +r !!/ \�� ■..V .�� `-a r�•., waNWESSI`EMr LIN Lr • •`�' \/� $ /' IN HERLr LINE OF • ai \\ • 4� �/ «� � p r �� n\r • 1 ♦ a �, / NIW[NV". YlAGaWl rT ( / S(WNfRLr LINE 1W � �• "<mrin \ //i'r w r E ,f•!r•u• f cr YeAow.! > {\< \ v • �/. r �/�J .. .. /e. oe ?ter• �— It .r :4`� ��•.M\ J/ / //� ; \ \\�/ , ♦ F• `�.�//• Il I I• N I •I 1• 1'. M '% e: •� t�` \1 � �• � w\�/ / � � '? _�Il�/ �rl. w�TTMYI[=lrzi i `'� /•" + / / �/ _ r TRAIL is �> `iO4 / ■ L �/` moi/ tJI, NJ 13 H ACV i✓C��^ ��/ l� _--) • y���Q(((111 I 14 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 i. f tJ r 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 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 _�p,"„” ,�"(, ------ lao.71 e, 'COURTEAGANALE-612.50 CR S \ c5 �__ZyZ sy• _741.97 __� So oa a5•e- COURT 0.014 ACRES _847,68"_ 35.00 \ •9°b pn°p n�nn (pSEMEXAINAGET U'13 �- \ 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. 70 71 0 2 0 E 0d r UO // I n It V ado 2 ) 3g7 / / e6 r eose�/ / 3� �Lc' dad JI e lql iv x fLAND gJRVEYORS lr�.l fj • / \ / i j/� j � `1 Cokulolion Jbwl !or Y/LLRG£ BINDERS, /NC, 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. 0 W 75 A a� Y, 7 r '� :. (i' y�/4�1 i�� 1 BLOC � �iJiLVINC UG FT. k16 i4 COUNO 22C U SC{. FT. �AuviTC2lvri FoR Gi:NG/:E6r1T74V) s —-------- -- -------I SrA/2s c? r 771E LARE,10,,2e eAcx Vuu,2 EX, T IXw:.Z 171 -r. Aca:c 55, C I.E 'Res rnco"u AVAIWCLC AT rye ra� 7riE Sr -AIA \1 I F H.�LC/✓ii 5 1 VPs Try/l �IJ?5E(Zy PNv � 1 C1FFi C.F AREA 875' SQ %r S/OcWALA< P�P.k/itJC; Lcr 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 • -111. 1 1.." 0 raw AFLO YVALLEY YEE O"l'EnhL) `-- South line of VALLEY Vi EW PLA7 149 G _ b r 380.00(PLAT) 1 F SFI LC i,',FRE ` —,,STREET 1 1^ PARCEL fSD DREr,HR o �°a 1EO.00IRNTI PARCELS ►— ' 3 ' 117,445sq.tt PARCEL "D " ^''-4°— - n ' 2.696 Ac ' $ 217,799 sq. ft. I �a 0 28,875sq.it. o" 5.000 Ac. South Iine of VALLEY Vf LI. PLAIEAD c'ALAI NO. 2 J�I NTr•'1'1 . EW 18°(PLAT) )7'(MEA.S)uao•S1'S5'F 80000(PLAT) 799.72(MFAS.) LTM Hcdsf p 3T!lolE $ENEMY A '26'W —T�� 380.00(PLAT) 1 F SFI LC i,',FRE ` —,,STREET S89.45'26'W 1^ i]]Ob o tON 66 1EO.00IRNTI ]A_xlYEtl.) "B" soafli:est comer of' PARCEL PARCEL Douen®ent Lot 6. ^''-4°— g ' sec. I. Iw. 27. I �a Rge..3 28,875sq.it. o" 33,769sgft. - 0.663 Ac. 0.775Ac. '26'W 379.66(MEAS.) -' 380.00(PLAT) 1 F SFI LC i,',FRE ` 1 ' SCALE' I'• 100' 750.12 55212 — — w _p I S89.45'26'W 1^ ` forth line of !RIFFL( ACRES o �I o Z Q ¢I I IN I �a 331 • 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 �Ffi Iati,y-FOC I alwe ar nmr unt. nu[• I•BMC LOO VYUL ,ItKL S_1116 YLSN / FLOP \' Ufa P Mn YITLLILL - �o•.. Te[ or INC OF ,E -2- A iiz /'fir (/� . . 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 I Me" I.0 -c. ................ ................ ................ ................ SUBJECT PARCEL E -Z .AIR PARK BLUE'I P- 56, J9. I I EP -2 829.0 856.0 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. qa v L4wN f 'II II 77 , A/rr/I R� hAs rMc . 49D \ s-YWt• IIrt-i - U LfbltY L lands, I.AL[ -IiI:J rA--.f A.• %f r .._ _. .. - Cliff Road ig mg � County Road 30 Pq S.s:J ��G ice•-, il4dall Sh®aping lbb Eagan 30.7C ,Safarr C.e i o Partnership Eag Fortune Realty Inc.aDrive s , ` Pq S.s:J ��G ice•-, ur�.—r 5 .n:.- /a qui i 1 � a rtlrr i, .Se 1.•. 1 I I ' — � --� I ". � I ILJ . _�r..n •:•JJi IrL �-__ . 425-0 .7�-. rr;. c_c t -�;• •l..r.0 r.nr..ra _.� 7Cu:a Ca.1. 1 1 'j` 1 I� MI5 r. ;.na� U� i5• _ 1,2•ab+ � I I 11 =Inrr r . Y1 ti I of I _ I -IM IPIIYH ._ �1 -1^ I �. ��------ �-- Cliff Road S uce-Y1 Mall S Uopprhi .venter � Eagan, Minnesota � i'p _: ���• Site Information: Occupancyr �: 1....: r ny er rug Nuwe Red Owl I , I ,r -.r is fir'♦ i a t�(y(�/���� I I^� i,. � I � 14 o •1 :•ems Y� os-+�a 1 �,. ._ .N .SIN. ..a. ....N .K '-"i--' 1 N R. LN. N •— 1I 1 � 1 — =Inrr r . Y1 ti I of I _ I -IM IPIIYH ._ �1 -1^ I �. ��------ �-- Cliff Road S uce-Y1 Mall S Uopprhi .venter � Eagan, Minnesota � i'p _: ���• Site Information: Occupancyr �: 1....: r :i •� -.r is fir'♦ :7a^} 4�A 14 a+- T.!r.L p.Dj !!`' t Parking: p+>r'; mw , f.c .'It •�r.: •. •u. etc 'H _ site plan -. .. I'• •. . •' K.PI 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. DCR/jj /0 EAGANDALE OFFICE P�ARK2N�DADDI�TION .......... .. . ..... . ... .. .. ...... . ..... . ....... .. ..... . . . . . ..... LET:v BLOC Az, i LOT CtlBYBTE-j CENTER L T • 2 I LOT LOT 4 ul 1 BLOCK l IN, Ir., 2 0 0 BMEET INDEX 1WIII IIY a 3[ki G [!,1 !141 Qe2� Se i%=j °g Ni i= 151+ Ea:Et !: 1! Vai iv s� dQ EM ad 1E �° gE$ev = ';E•' `_ �kQg �9ESv$ f°Q$° QZ$� iia • tF$i ; p; �$�Q+ °: Q 6 ` — EAGAMUE OFFICE CeWFM - PHASE P PLi •� E�YNE �L ww P.O.b.l6 Y..p•.Y4S•� IQ6•,Y V VIIM S.i�bn —Ag/ R ®OPUS tLL®/OVIWyY • TI E. W.m�/••., Y•r�, ,Y SL@I•YISIH® • ]q YO�.n..,•�.,Ytf0b1�1 M11ID 0 0 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 . . O COO, 0•�A ... � . . Q OFWlA0P9141• • 1 4 µ ACM/I,OnI-91Nr• r � u. ..I..n ru..y .w.n ••.u..y .I 1 l t D •m f• i � $ '' � it TIP • • •• �'� �� Ii :Tl n{Tl•a'J•L r �'_–__./C•J.�^Y�IVrun.n\� -/I:C _, _-� ~– n — - eI mom,,.- - �.•-- ->-ti.. � a_-- _� F ,.-e,a:.r•-1 r y �I -- ,--i•. ------- JIWAR jI ,I X1.1-` y � `� � - � � p ( 1\S� �^` \ ~' r• �� . 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Y4[:,9 rr 11 I 'N a...e>•.'ru ..., .... � �mn 4� I 0 r:z;^,'•+�r t.k r OFFICE BUILDING r .....T"".rri44 `�' \' � I Ir' •��n ..... • .w. 1 .� �.n''� � i ill I rkr sif _ 1tt111 ( WI Iy t �I. ��.�u.n. •�. � _ .P I it r'+ a1 / 1 1�� `• 1 � �r I I .a18 N _ I�{ - �—I'�..aao�_v.mn _i—_ _�_�" SII t`.4 w d�F•ul7 -I r1t'vra.e— •'—____ _�' •. I� 11'hd:d°. �IJ•d.'. ;.fL� • � I ' r�4 I � .I I (�•r� `I'1 I I I I 1 �II�`. � r - _•_—1,jl aI /i if :1F.= • T w` � � a- r 1.1 r _ / Iil - y�J�•y,' �.r _ dl ilk "'`. _ i � i � - 1. ��yTl•'\ r: 1a ,yam 1 I a - -� .1 'Tr-�•." -'. �' JI Y ��. 1 1 Gf4 WqA ME! fLanilN& Nalas .-aur eVll d�.-rte. ��:p..> • .. y .M TJ'syr •l�: q.niiliw l.•�q..'m. •mn I I,n1Wn ...... yy / Ij,"rnz-c'w �.I . ,.�n.. 1•a .." .:',�s�. -Q:o aw' •i,� r_n n-..� .�. LANDSCAPE PLAN �' •' I •'""• "�"" ••" ..-....r.'-'� i15�a I•: - �Pvn AVALON AVE. Btt[ PLAN 1 � of MQe1X .. MDE% OF OnAYMMS .At IMAGE GNAWWO r el O"AmNo ".AA •AS SITE PIAN .A7 noon PLR . AA FLOOR PLAN akvxy d F I'I _ FFlsa? endssnunrrMaa'wE. 5mri1bH ]5:.:5 :6:ir. ' fYfe+A11.H 1S.5ii :ei.. W.W6111h %;.566 ".k V85:1 .S'aee .oi., k'WWA lit L55111':P gg K kUl 5aa.Ae 1115'8 d'A LL1L1 Yii 5;a5e io.'i+. �I` Ll ! EALil H66A IWA PXdFEcSI'd'c1H"oN'MAP 3] i Illi - ' 6 1. is 0 SECMN 0 AVAL-OH AM SECTIW E .0 Avhl.� AM P -M LOt • E I `p Y: ^ t,•, fEpOq fallw '-_----�_---___ iWs1 .41 fkf0/! PE![IE11CJ "' ' OEP.a! AV/LW I,vL _____________________V.vvvav n �. Eltllw - --------------------~M1 PEmUU faltlq .VKG IYC PFlW4! P4Mw lo! !t secncw e r ..r I � � t I � '_ ?�'�.. moi•: Oa91Yq '-----------------~--- -� _www------1 F.'a fal 30N3AV NOIVAV C= I r�l j, 0 60-. CIFIFIC9 i r I 54' -%QK P - h 873p; 3�1 N 2. ( eis"I F I r - b -Nq I i6a q F -d .4D EE D -b %-% 1. LRE 8720 DIP 1 :L�) 85 il�-� 2 ZEHNDER 86 Dpml �- E-, E-, E'VLCNE C-1• D r - CCU 2 rE.L.S I . x D-, _OP I7 D -t, Dp- D, L.S.-30 •E, OP - 19 ---- 898 0 8 90.0 - — z.DP- 3 A . GdM6nif k OP -14 _CP -4 27.7 875?a0 0 S -4 847.6.,. %II _. .FFRE CP -3 8,4109 P3.51 IC7 .5 V=3- 1-,A:i,14AN 875.9 Fox P'A HK SCGE OF, 1 -1.100 DP -26 879,8 ziwC-4- —J� CIP-2 _8 823.5 aoENS 8,-9 -Ey- =KEWFNN1J% Zo.C-0 Y. ?1,hiJLHTS I ; app �.o 826 32 Cli -Cp�q i Vi 825.0 2 a op - 8573 DP -5 8480 Dip 9 -%b 860.0 85;.3 8628 i-4�77 CA JR1 AGE L ILLS I ; city of eagan standard PUBLIC STORM SEWER approved: plate WORKS MASTER PLAN Fig.. 1 DEPARTMENT L r •.i -----j mob• INTERSTATE 494 � J M u nTD c IIGNVIEW VE _ _... _ TRAPP..... _AVE. _ • 1048 ,'�. Ib49 �,DG� I SUBJECT PARCEL- ' a: I 1� FIGURE 2 M C WET TAP 1 nlD 5 G 1r0, WTo a ev. !• '� WET TAP 4 IN STRI NI I _ _.. BLVD. it--� iz WET TAP 1046 ,l \ _ � ,e " INTERSTATE 494 a Q� 79 9EI !HEFT Ell f1• N[[[flN, Iu[IIL UU1111 I 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 KV/bls • /�O • STAFF REVIEWED PARCELS S !\ —YTS \ _MENbOTA G IL B.. —A 1 3 0 51 1 0 nl m Ll 5 .6 KIISE Mi M '0 A.L:E 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