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10/07/1986 - City Council RegularJp ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN,, MINNESOTA OCTOBER 7, 1986 CITY ATTORNEY 1. City Logo 2. City of Eagan vs. Robert O'Neil, Project 443 CITY ADMINISTRATOR 1. Update on the City Animal Pound 2. Election Judges 3. ISD #191, Community Review Committee DIRECTOR OF PUBLIC WORKS 1. Approve Final Plat, Fawn Ridge 2nd Addition 2. Approve Final Plat, Sunset 9th Addition J MEMO TO: HONORABLE MAYOR;& CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 6, 1986 SUBJECT': ADMINISTRATIVE AGENDA CITY ATTORNEY Item 1. City Logo --Several months ago the City Administrator and City At-torney discussed the necessity to either certify or copyright the City logo so business and non-profit are not utilizing the official trademark for Eagan local government. The has had requests from churches, non-profit groups and a local business all of whom requested use of the logo. The City Attorney's office has prepared three (3) alternatives which are outlined in the attached memo found on pagesiz through J/X. According to Lori Bellin of the City Attorney's office, it appears that the City may wish to consider either 1) obtaining a certification mark from the State of Minnesota or from the State of Minnesota and the federal government. ACTION TO BE CONSIDERED ON THE MATTER: To provide either an official certification or copyright of the City's logo to restrict use of that trademark to local government purposes. Item 2. City of Eagan vs. Robert O'Neil, Project 443 --The City has received a copy of the Report of Commissioners in the condemnation action brought by the City against Mr. and Mrs. Robert O'Neil for two pond areas and some permanent and temporary easements for acquisition of ponds on the O'Neil property on the north side of Yankee Doodle Road. The total acreage is 9.92 acres for permanent easement and 1.57 acres for temporary easement. For a copy of the Commissioners' condemnation action, refer to pagesJT�through / The City -has also received a letter from Harold Sheff, re. resenting Mr. & Mss. Robert O'Neil appealing the Commissioners' award for the ponds and utility easements, For a copy of that appeal notice, refer to pages through -T. Action is required on behalf of the City to address this condemnation award. The cost will be assessed to Federal Land Company which is a part of that original agreement for the Town Centre 7.0, and 100 development,. ACTION TO BE CONSIDERED ON THE MATTER: To provide direction to the City Attorney regarding necessary action with regardto the recent condemnation award for pond acquisitions relating to Project 443. 17v CITY ADMINISTRATOR Item 1. Update on City Animal Pound --The City Administrator and Administrative Police Captain Geagan have reviewed alternatives for relocating the animal pound. Dr. C. R. Fritz, who owns and operates Lakeside Animal Hospital, has tentatively agreed to board dogs that are impounded and act as the City animal pound. T•Ib The City has also received a letter from Mr. and Mrs. William Abel asking that the City cancel their contract to operate the City's animal pound effective November 1, 1986. A copy of this letter is enclosed on page /QJ for your review. Also enclosed is a copy of a memo that was c mpiled by Administrative Captain Geagan who has reviewed the various complaints the City has received from property owners adjacent to the City animal pound which is owned and operated by Mr. & Mrs. William Abel. It is the recommendation of the City Administrator that the City Council consider accepting the cancellation of Mr. & Mrs. Abel's contract and that a contract be authorized with Lakeside Animal Hospital, both to be effective November 1, 1986. Assuming Dr. Fritz is acceptable and signs the agreement with the City, .the issue remaining for the October 21 agenda concerning the original petition would be the kennel license that was issued several years ago to Mr. & Mrs,. Bill Abel. That kennel license expires December 31, and one suggestion is to have the City Council consider input at the October 21 meeting as petitioned and requested by the residents and if the kennel is still a problem less the animal pound in December, the City Council could then evaluate the renewal of Mr. & Mrs. Abel's kennel license. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny acceptance of a cancellation from Mr. & Mrs. William Abel to operate the City's animal pound and direct the City Administrator to further negotiate a contract with Dr. Fritz to designate the Lakeside Animal Hospital as the City's animal pound. Item 2. Election Judges --The City Clerk is requested that Election Judges be approved for the November 4 State General Election. Enclosed on pages## through 19(4 is a list of election judges as presented. t1 ACTION TO BE CONSIDERED ON THIS ITEM: To approve the judges as listed for the November 4 State General Election. I�te 3. ISD #191 Community Review Committee --Enclosed on pages through /C%� is a letter from Independent School District #I 1 requesting that the City appoint representatives to attend the steering committee meeting which is scheduled for October 14 for the purpose of selecting a new superintendent. Mayor Blomquist is unable to attend due to the Tuesday conflict. Even though the City will not have an official representative of its choice at the public forum on October 7, it is still possible to recommenda resident who could represent Eagan'sinterest on the steering committee. Enclosed on pages through is a copy of a letter received by Mayor Blomquist from ISD #191. 113 ACTION TO BE CONSIDERED ON THIS ITEM: To recommend the name or names of residents residing in Eagan who would be willing to servie on a steering committee, if selected, for the selection of a new superintendent in Independent School District 191. DIRECTOR OF PUBLIC WORKS Item 1. Approve Final Plat, Fawn Ridge 2nd Addition --Staff has received an application for final plat approval for the Fawn Ridge 2nd Addition located north of Cliff Road between Oak Pond Hills 2nd Addition and Dodd Road as shown by the plat map enclosed on page /_z_. This final plat conforms to all conditions of the preliminary plat approved by Council action on July 15, 1986. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action, ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Fawn Ridge 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. Item 2. Final Plat Approval, Sunset 9th Addition --Staff has received an application for final plat approval for the Sunset 9th Addition which is a 4 lot subdivision south of Golden Meadow Road and north of Schwan's Lake as shown by the plat contained on page All conditions of the preliminary plat approved by Counci action of July 16, 1985, have been satisfactorily complied with. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: Approve the final plat for the Sunset 9th Addition and authorize the Mayor and City Clerk to execute all related documents. /s/ Thomas L. Hedges City Administrator l7� M E M O R A N D U M TO: Tom Hedges City Administrator FROM: Lori M. Bellin DATE: September 25, 1986 RE: City Logo Paul Hauge has requested that I look into the protection of the City Logo of the lone oak tree. There are three possible ways to proceed and they are listed as follows: 1. Obtain a certification mark, which is a type of service mark, from the State of Minnesota; 2. Obtain a certification mark/service mark from both the State of Minnesota and the federal government; 3. Obtain a copyright from the federal government. After conferring with several copyright and trademark attorneys in the area and with personnel from the Secretary of State's office and personnel from the Federal Office of Patented Trademarks, the consensus has been that the most economical procedure to follow would be alternative one above which would simply be to apply for a certification mark from the State of Minnesota. The reasons being that it is less expensive, it does not take as long to register in the State as it would with the federal government, it may not be desirable to obtain national protection for the City due to the fact that the logo is only meant for use within the State for the most part and state registration will probably be sufficient enough to give notice to other localities outside of the state that this logo is protected. The second possibility, which suggests registering in both the State of Minnesota and with the federal government was also suggested, however, the original filing fee is much greater, at approximately $1.75.00 (the fee for state filing is $25.00) and the persons with whom I spoke, question whether it would be very beneficial. It also does take quite -some time to register with the United States Patent and Trademark Office, however, if it is of great importance to the City to protect this logo outside of the State of Minnesota, suggestions were made that this option should then be followed. It would simply depend on how much use the City would like to make of its logo outside of the state boundaries and how important it is to protect the logo outside of the State of Minnesota. 17s Option number three, obtaining a copyright, was felt in general not to be possible. The reasons being were that the City has used the logo for quite some time without giving notice to the general public of its proprietary function. As such, it may simply not be possible to obtain copyright protection at this time. Also in order to obtain copyright protection, it is necessary to obtain a written transfer of copyright rights from the person who authored the work and additionally, if some type of fee has not already exchanged hands for the ownership of the logo, it may be necessary to do that at this point. In conclusion, I would suggest that either option number one or number two be set in motion at this time and we will await your response prior to taking any action. One more comment, in order to notice the general public of your proprietary use of the logo, you should use the initials SM for service mark after the logo on as many items as you have the logo on. You may not add SM onto any of, these items until the application has been filed with the State. If we should decide to go with option two above, filing with both the State and the Federal office, you would then be required to use the letter Rwhich is circled, which stands for registered', and you may not use this letter until both the State and Federal offices have approved the registration. 17,(, HAUGE, EIDE & KELLER, P. A. ATTORNEYS AT LAW WATER VIEW OFFICE TOWER. SUITE 303 1200 YANKEE DOODLE ROAD EAGAN, MINNESOTA 55123 AREA CODE 612 TELEPHONE 456-9000 454-4224 September 30, 1986 DT Thomas Hedges y Administrator 0 Pilot Knob Road .an, Minnesota 55121 City of Eagan v. Robert O'Neil et al. Improvement Project 443 - Pond Acquisitions Ir Tom: September 29, 1986 I was delivered a copy of the Report of Commissioners in condemnation action brought by the City against Mr. and Mrs. Robert O'Neil two pond areas and some permanent and temporary easements for acquisition the ponds on the O'Neil property on the north side of Yankee Doodle Road. im enclosing a copy of the report with the following comments: This condemnation commenced about a year ago for the acquisition of two pond easements. The total acreage acquired was as follows: Pond DP4 - 5.92 acres permanent easement Pond DP5 - 3.71 acres permanent easement Access/ Utility Easement - .29 acres permanent 9.92 acres total permanent easement Temporary Easement - 1.57 acres It should be understood that the total amount of ponding area is less that the anticipated total pond area simply because the O'Neil property was not being currently developed and therefore the City did not require the total land area for pond acquisition in order to accomplish the necessary storm water ponding at the present time. 177 Mr. Thomas Hedges September 30, 1986 Page Two 3. After a number of delays including changing one appraiser, the sickness of one of the Commissioners on several occasions and a number of other reasons, the hearing was held on August 19 and 20 of 1986. The three commissioners were James Foutchis, former Dakota County Recorder as chairman, Tom Metzen and Robert McKenzie. 4. The appraisers for the City were Bill Cushman who was selected by Federal Land Company and Mark Paranto, and in addition Mike Gair, a planner, was hired by the City to review some of the planning issues. The highest and best use submitted by both of the City appraisers was that of agriculturaD zoning and R-3 land use indicating it would be speculative to expect that a commercial use would be the highest and best use. The Commissioners did not make a decision as to highest and best use although Mr. Foutchis was in my office on Monday, September 29 and roughly worked through the computations as follows: 43,560 square foot per acre x 9.92 acres = 432,115.2 square feet $1.50 per square foot = $648,172.50 Temporary easement - $664,500 less $648,172.50 = $16,327.50 5. The appraisals by the various appraisers were as follows: Mark Paranto - $20,500 damages Bill Cushman - $ 1,000 damages (approximately) John Kline - $1,993,252 damages 6. I talked with Mr. Foutchis when he was in the office and it appears that the Commissioners were impressed by the appraisals that had been done on the O'Neil property both by MnDot when it acquired some right-of-way and pond and by the County when it acquired road right-of-way for Yankee Doodle Road. I'm not certain what the MnDot appraisal was, but the County appraisal was $2.00 per square foot, part of which the City will be paying on a 55%45 sharing basis. 7. It should be understood that the planned development agreement for the Eagan Heights Commercial Park provides at paragraph 10 that the developer of the Eagan Heights Commercial Park, e.g. Town Centre 100, will be responsible for paying the cost of 0.55 acres of pond DP4 and 3.71 acres of pond DP5. These acreages would have to be determined on a proportionate basis of the total condemnation acquisition under pond DP4 of 5.92 acres and 3.71 acres on DP5. 17F Mr. Thomas Hedges September 30, 1986 Page Three 8. It may be argued that the temporary easement portion should not be paid by Federal Land Company, but implied in the wording both permanent and temporary easements should be included. 9. If the City Council chooses to appeal, the appeal would be made to the Dakota County District Court and notice of the appeal must be entered within forty days of the date of filing of the Commissioners award or September 29, 1986. I would expect that if the City appeals that the O'Neils will file a cross appeal claiming the award was inadequate. Based upon the information described above, I would ask that you forward the Letter to the City Council members for their review and determination. PHH:cjb enclosure cc: Tom Colbert 17� Very truly yours, 5 KELLER P.A. (;A7Hauge f r. SIATE OF MINNESOTA COUNTY OF DAKOTA -------------------------- CITY OF EAGAN, a Municipal corporation, Petitioner, vs. ROBERT J. O'NEIL 6 GRACE O'NEIL, husband and wife, FEDERAL LAND BANK OF ST. PAUL, COUNTY OF DAKOIA, and all other parties unknown claiming any right, title, or interest in the hereinafter described property, Respondents DISTRICT COURT FIRST JUDICIAL DISTRICT File No. 99860 REPORT OF COMMISSIONERS ----------------------------------------------------------------------------- IN TILE MATTER OF THE CONDEMNATION OF CERIAIN LANDS IN THE COUNTY OF DAKOTA, STATE OF MINNESOTA FOR PONDING AND UTILITY PURPOSES ----------------------------------------------------------------------------- The undersigned commissioners, James Foutchis I Robert McKenzie and Thomas F. Metzen , having been appointed by the above named Court and having qualified according to Law, met as directed by Order of Appointment,, viewed the lands described in the Petition for Condemnation herein, hereby make the following assessment and award of damages, which in their judgment will result to the owners of.this land by reason for the taking of said land by the Petitioner for ponding and utility easements in the City of Eagan, Dakota County, Minnesota. Amount of Award $669,500.00 Plus per diem in the amount of James Foutchis 9 days ($100/day) $ 900.00 Thomas F.Metzen 8 days ($100/day) $ 800.00 Robert McKenzie 8 days ($1'00/day) $ 800.00 1 o Together with mileage in the amount of 200 ($.24/mile) $ 48.00 200 ($.24/mile) $ 48.00 200 ($.24/mile) $ 48.00 According to the best information and belief of the undersigned, the names of all persons and parties interested in said parcel of land and in said award as as follows: Robert J. O'Neil and Grace O'Neil. We further report that all of the undersigned were -present at each of the meetings of the .Commissioners and hearings and thatall of the.unaersigned participate in consideration of the allegations and proofs of the intersted parties and in the ascertaining, determining, assessing and awarding of damages for the taking of the properties above described, and that all of said commissioners viewed the described,premises. Dated: Sept. 29, 1986 James J. Foutchis 822 Marie Avenue South St.Paul, MN,55075 S948.00 Robert McKenzi 932 Logan Lane South St.Paul, MN 55075 $848.00 /S7/ 918 Marie Avenue South St.Paul, MN 55075 $848.00 HAUGE, EIDE & KELLER, P. A. ATTORNEYS AT LAW WATER VIEW OFFICE TOWER.2SUITE 303 1200 YANKEE DOODLE ROAD EAGAN. MINNESOTA 55123 PAULH.HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN' DEBRA E. SCHMIDT October 2, 1986 Mr. Thomas Hedges Eagan City Administrator 3830 Pilot Knob Road Eagan, MN 55121 RE: City of Eagan - O'Neil - Project #443 Dear Tom: AREA CODE 612 TELEPHONE 456-9000 454-4224 On October 1, I received a letter from Harold Sheff, the" attorney for Mr. and Mrs. Robert O'Neil, appealing the Commissioner's award that was entered several days earlier in the amount of $664,350.00 for the acquisition of the two ponds and utility easements on the O'Neil property. In addition, the letter demands the payment of three-fourths of the Commissioner'saward which is allowed under Minnesota Statutes, Chapter 117 and this amount should be paid fairly promptly. There are several issues that arise concerning the payment of three-fourths of the award: 1. The agreements with Federal Land Company regarding Town Centre 100 and 70 Additions provide for .payment of all costs by Federal Land Company relating to the acquisition of their portion of the O'Neil Ponds that have been involved in the acquisition process. The City should forward a letter to Federal Land Company requesting payment .according to the two agreements. Federal Land Company has the option of requesting that the costs be spread by special assessments against Town Centre 70 and Town Centre 100 Additions. 2. It would be our opinion that all costs involved in the acquisition of the ponds should be added to the amount billed to Federal Land Company or assessed against Town Centre 70 and 100, including interest costs incurred on the payment that would be expected to be made to the O'Neils. 3. It is also important to commence the assessment procedures in order to get the property assessed because the amount of area involved in Town Centre 70 and 100 would presumably be diminished as sales of specific parcels take place. One other alternate that is provided under the statute is that the City has the right to move the Court for an Order delaying part or all of the payment of three-quarters of the award for proper cause shown. I am not certain whether that motion would be successful, however. /f;-- Mr. Thomas Hedges October 2, 1986 Page 2 The other issue that should be discussed by the City Council is whether to appeal the commissioner's award, noting that an appeal has already been filed by the property owner. I would recommend that the City appeal the Commissioner's award and this appeal must be perfected within 40 days of the date of Commissioner's award on September 29. PHH:ras CC: Gene VanOverbeke ��3 Very truly yours, VE -EIDE b KELLER, P.A. Paul H. Hauge DLSON, GUNN AND SERAN, Ltd. 315 Peavey Building AW OFFICES 730 Second Avenue south Minneapolis. Minnesota 55402-2473 612 339-8846 September 30, 1986 Mr. Paul H. Hauge Hauge, Eide & Keller, P.A. Water View Office Tower Suite 303 1200 Yankee Doodle Road Eagan, Minnesota 55123 Re: City of Eagan v. O'Neil et al. District Court File No. 99860 Appeal Dear Mr. Hauge,: Enclosed and served upon you by mail please find Notice of.Appeal and Notice of Statutory Disclosure in the above -referenced matter. /tlb Enclosure Very truly yours, OLSON GUNN AND SERAN, LTD. By'��� Tracy L Brandia Secretary to Harold H. Sheff Wayne H. Olson Alonzo B. Seran Harold H, Sheft Bradley J. Gunn Richard J. Gunn David R„Knodell Michelle J. Ulrich :)LSON, GUNN AND SERAN, Ltd. 315 Peavey Building AW OFFICES 730 Second Avenue South Minneapolis, Minnesota 55402-2473 612 339-8846 September 30, 1986 Mr. Paul H. Hauge Hauge, Eide & Keller, P.A. Water View Office Tower Suite 303 1200 Yankee Doodle Road Eagan, Minnesota 55123 Re: City of Eagan v. O'Neil et al. District Court File No. 99860 Appeal Dear Paul: The O'Neil's have instructed me to file an appeal in the above -referenced condemnation case of the Commissioner's award of damages of $664,500.00. Pursuant to Minnesota Statutes section 117.155 the O!Neils are hereby making demand of the City for the prompt payment of three-fourths (3/4) of the Commissioner's award, i.e. Four Hundred Ninety - Eight Thousand Three Hundred Seventy -Five and no/100 Dollars ($498,375.00). Please notify me as soon as the check is prepared and I will arrange to have it picked up. HHS:tlb Enclosure cc: Robert Wayne H, Olson Richard J. Gunn J. O'Neil Alonzo B. Saran David R. Knodell Sincerely, OLSON %GUNN AND RAN, LTD. By Harold. H. Sheff l f Harold H. Shell Michelle J. Uldch Bradley J. Gunn STATE OF MINNESOTA COUNTY OF DAKOTA City of Eagan, a Municipal corporation, Petitioner, VS. Robert J. O'Neil and Grace O'Neil, husband and wife, et al., Respondents. DISTRICT COURT FIRST JUDICIAL DISTRICT File No. 99860 NOTICE OF APPEAL IN THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS IN THE COUNTY OF DAKOTA, STATE OF MINNESOTA FOR PONDING AND UTILITY PURPOSES TO: ROGER W. SAMES, ADMINISTRATOR OF THE ABOVE-NAMED DISTRICT COURT; CITY OF EAGAN AND PAUL H. HAUGE, ITS ATTORNEY. YOU, AND EACH OF YOU, WILL PLEASE TAKE NOTICE that the appellants herein, Robert J. O'Neil and Grace O'Neil, hereby appeal to the above-named District Court from the Award filed with the Administrator of said Court on Sep- tember 29, 1986, in the gross amount of Six Hundred Sixty - Four Thousand Five Hundred and no/100 Dollars ($669,500.00), made to the above-named appellants for the damages to the real estate involved and described in the hearings and proceedings, including the premises described in the Petition. The lands involved are located in Dakota County and include the premises described in Exhibit "A," attached hereto and made a part hereof. The nature of appellant's claim is, and the grounds for this appeal are, the Award for these premises is grossly inadequate; the damages for the taking and damaging of said premises exceed Two Million and no/100 Dollars ($2,000,,000.00); and further, the Award and the proceedings were otherwise unequal, illegal, contrary to law, unfair and unconstitu- tional.. Dated: September 30., 1986 OLSON, GUNN AND SERAN, LTD. By Harold H. Sheff 100078 Attorneys for Respondent - Appellants Robert J. O'Neil and Grace O'Neil 315 Peavey Building 730 Second Avenue South Minneapolis, Minnesota 55402 Telephone: (612) 339-8846 IS77 FITZ VETERINARY ASSOCIATES, P. A. LAKESIDE ANIMAL HOSPITAL 4785 SO. ROBERT TRAIL EAGAN, MINNESOTA 55123 TELEPHONE 454-3547 September 29,,1986 Pat Geagan City of Eagan Police Dept, 3830 Pilot Knob Road Eagan,YN 55122 Dear Yat, In response to our conversations over the last couple of,weeks, we have several concerns. We are concerned -about disgruntled people coming to our home rather than going to the police station. We are also concerned about bringing diseases into our boarding kennel, especially viral diseases such as kennel cough. After considerable deliberation, we have decided to proceed with negotiations to act as animal impounding facility for the city of Eagan. Hopefully our apprehensions will prove to be unfounded. At this particular time an impounding fee of $6.00 per 'animal per night is acceptable. The contract which you sent seems acceptable as amended. Please. send me a copy of City code#10.11. Issues which need to be discussed are insurance and signs. ere y Dr, . R -.-Fitz WMA, 0 9-30-86 Pat Gegan Chief of Police City of Eagan Mr. Gegan, This letter is to inform you of our decision to cancel our contract as the City of Eagan Animal Pound. Delivered, by hand, on the 1st of October, 1986, with 30 days notice,.we request you have settled in other facilities by November 1, 1986. After much discussion, we decided to draw up this letter, to close the pound section before we were forced to. We have tried to keep things calm here, to compromise, to satisfy the neigh- bors, ourselves, & the city. Apparently there is no way to compromise this situation. This does force us to lose part of our income, it will also affect the city as we know it will cost them considerably more to use other facilities. We are not giving up our kennel license as then we would have to give up some of our pets,"our family", as silly as it sounds, it's a fact, "Our Family". When we became the pound in December of 1978, this area was conducive to having a kennel, no close neighbors, fields, woods, swamps, it was a beauti- ful and fairly quiet area. Eagan is growing quickly, so quickly, we are quite populated now, the neighborhood does not want to support such a facility here any longer. We do resent the fact, we were here before any of them,but in circumstances as these we see these is no "Grandfathering", only majority. November 1st we will have all reports turned in for compensation. The propane tank we filled at the first of our contract, as stated verbally, you would . cover the cost of filling the tank at the end of the contract. Please contact us if there are any questions. Thank you for letting us be a service to the city. It has been really good to work with all of you at the Police Department and City Hall. Sincerely, W.E. & M. Kim Abel M 3830 Pilot Knob Road Eagan, Minnesota 55122 October 2, 1986 TO: Tom Hedges FROM: Pat Geagan SUBJECT: Dog Kennel police departmd"t JAY M. BERTHE M., .1 Poll. PATRICK J. GEAGAN adMW.,... W C.,.'n KENNETH D. AG2MANN on...,,— C.num Here are a few notes to bring you up to date on the status of the dog kennel. On about August 7, 1986, I spoke with Bill Abel regarding the numerous complaints we have had from the neighborhood and a demand from the neighborhood to charge them with disturbing the peace under City Code 10.11, Subdivision 10. I told Bill, at that time, that he would have to comply with city code or he may face misdemeanor charges for those violations. I gave Bill 30 days to bring his kennel into compliance with the code and to attempt to do something with the dogs he owns, as far as their barking. Bill was also advised that we may have to look for another location for the City Animal Pound due to the fact that it may be, our dogs that were causing some of the problems. I then contacted Judy Orchard who lives in the Orin Thompson addition and advised her that Abels were given 30 days to comply to the code. Ms. Orchard was not particularly pleased with that condition, but I advised her that due to the length of time Abels have been in there, I felt we owed that to them. I then told her to call me if it continues to be a'problem after the 30 day time limit.' Approximately 4 weeks later Ms. Orchard called me back during the day to advise me that the dogs were barking as badly as ever, and in fact, I could hear them barking when she was calling me from her home. She again demanded that they be charged with violations of city code and asked me if I was refusing to enforce city code. I told her that, at this time, we are trying to work out a solution that would benefit all parties, but that I would contact the Eagan City Attorney and have them review the case for possible charges of the city code. The City Attorney reviewed the history of the complaints and it was generally felt that there was a possibility of issuing a complaint for this violation. THE LONE OAK TREE ... THE SYMBOL OF �d TH AND GROWTH IN OUR COMMUNITY police department JAY M. aEXTHE CN.i of P.H. PATRICK J. GEAGAN Adnin, nv.0 .In ®F ulagan KENNETH G.ASZMANN 3830 Pilot Knob Road Eagan, Minnesota 55122 Page 2 Dog Kennel (Cont'd) During this period of time I contacted the veterinarian clinics in the City of Eagan and found that Lakeside Animal Hospital was the only clinic interested in handling our impounded dogs and cats. On September 30th, I spoke with Bill and Kim Abel and discussed the criminal complaint pending against them and the City Animal Pound. They decided, in an attempt to compromise with the surrounding neighborhood, they would cancel their contract with the city effective November 1, 1986. They are doing this in an attempt to compromise with the neighborhood enough to retain their kennel license for their own dogs. I believe, at this time, they currently have 5 dogs of their own that they are taking care of. I have received correspondence from Dr. Fitz, Lakeside Animal Hospital, that he will take over the kenneling of our animals. In his letter he had some concerns regarding the nuissance to his family and health hazards in his kennel. I assured him that we would attempt to deal with any complaints that he may receive regarding the kenneling of our impounded animals. I . had Gene discuss the insurance issues with Bruce Medvic and apparently Dr. Fi.tz's insurance would be the appropriate carrier. I spoke to Dr. Fitz, he checked and apparently .is covered. He asked that no signs for an animal pound be placed on his property and I concurred. Paul Hauge's office is currently drafting a contract with Lakeside Animal Hospital to handle the impounding of city dogs and cats. Paul Hauge is also doing a memo to the City Council regarding an informal discussion on October 7th, to set up a hearing on October 21st to review the petition regarding the cancellation of Abel's kennel license. Paul felt that we should contact at least Judy Orchard and Abels for this informal discussion. I feel that perhaps the Council can informally discuss the situation without that notification and then give it a public hearing on October 21st with all parties notified. Although it appears that we are going to be able to move the Eagan Pound November lst, I believe the neighbors are going to still be unhappy with the licensing of Abel's kennel. Whenl met with Abels they did indicate that it was possible THE LONE OAK TREE ... THE SYMBOL OF S7R NGTH AND GROWTH IN OUR COMMUNITY police dep®rtrndrnt JAY M. BEFTHE ChIN of Pellq PATRICK J. GEAGAN 'gEmInl �l oliva C.p uln KENNETH D. ASZMANN ..mien, N.W, 3830 Pilot Knob Road Eagan, Minnesota 55122 Page 3 Dog Kennel (Cont'd) to keep the animals inside the kennel structure. with the elimination of city employees coming and going at all hours and Abels keeping their animals confined to the inside of the shelter, it may reduce, if not eliminate, the disturbance complaints. If Abels are able to meet those conditions, perhaps the Council could allow Abels 30 days or until the licensing comes due in December to comply and review the matter at that time. Paul Hauge feels the pursue the criminal City Code 10.11 agai not be drafted until Pat Attachments CC: Chief Berthe Council can decide whether or not to complaint for disturbing the peace under nst the Abels. I asked that that complaint after I spoke with you. THE LONE OAK TREE ... THE SYMBOL OF SfREGTH AND GROWTH IN OUR COMMUNITY I, 1�3 State General Election November 4, 1986 Election Judges DEMOCRATS Sharon Schoeller Andrina Kuechle Brenda Brenberg Evelyn Cota Laura Lundberg Carolyn Thurston Carol Gerhman Martie Ruzicka Pat Rask Patricia Kaeder William Reid Alyce Bolke Barbara Shields Kay Dodge Judith Mundahl James Kennedy Margaret Schreiner Jan Giefer Mary Kellner Pauline LeGendre Eleanor Grimmer Irene Wachtler Eunice Johnson June Nelson Dorothy LeMay Anne Sullivan Harold Peterson .Vivian Jackson Kris Thayer Tony Villelli Marte Dehler Anna Lou Arneson Joanne Arbour Orlean Garness Dorothy Peterson Elaine Jones Ilene Hazel Peggy Sanford Joan Uselmann Mary Sterns Helen Jarvi Gerry Chapdelaine Leo Amundson. Ellen Engquist Laura Marks Al Jarvi Elinor Villelli Jean Fontaine Eleanor Piepho Geraldine Hrimnak Emily Rodich Michele Mickelson Claire Duren Cathy Brost REPUBLICANS Barbara Edgerton Linda Wagner John Bellows Darlene Formanack Merlyn Handley Carol Vihovde Terri Berkness Stan Westenberg Sharon Astelford Aurelia Poppler Ruth Sydow Marie Lane Tracy Jones Doris Vogt Helen Westenberg Joan Joos Nancy Strom Janet Linkert Rose Vimr Ethel Groff Jan Kuehn Marilyn Legler Vivian Handley Patti Benjamin June Ketcham Lyle Severson Phyllis Ligman Irene Kreidberg Nancy Lee Karen Factor Judy Allen Joan Bohlig Barbara Nuttall Theresa Nelson Nancy Jarvi Gilbert Sydow Emily Medin Zella Mirick Sharon Carlson Adeline Buehler Mary Jane LaRock Judith Miller Joanne George David Klefsaas Rand Settell Pearl LeMieux Avis Kriebel Karen Tinsley Kay Kolehmainen Dianna Wennblom 1�3 State General Election November 4, 1986 Election Judges P. 2 INDEPENDENTS Sue Olson Marie DesLauriers Jean Zempel Marge Jacobs Ramona Broman Karen Flood /9� BURN SVILLE•EAGAN•SAVAGE INDEPENDENT SCHOOL DISTRICT 1 9 1 ADMINISTRATIVE SERVICES CENTER September 29, 1986 Mayor Bea Blomquist 3830 Pilot Knob Road Eagan, Minnesota Dear Mayor Blomquist, Selecting a new superintendent is probably one of the most important decision's a school board can make. This selection process is important not only to the school board,' but also to the community, because it is an opportunity to look to the future and identify the leader who will help us get there. The Board's goal is to hire the best candidate for superintendent. The first consideration in this process is determining the qualifications %e want in a new superintendent. Acknowledging that School District 191 schools are, indeed, the public's schools, the Board of Education has invited the advice of their communities in determining the qualifications for a new superin- tendent. The Board will solicit representatives from district employees, former Board members, and the community at large to provide input, about these qualifications. The Board is required to make the final decisions concerning the search process, qualifications, job description, and hiring; nonetheless, it is our desire to seek input from representative citizens. A Community Review Committee has been established, for the purpose of soliciting input on the superintendent's qualifications, from repre- sentatives of our communities. Because of the numerous Eagan residents who have children attending District 191 schools, we Could appreciate Your services as a member of this committee. If you are unable to serve, would you suggest another individual we could contact who shares your background or experiences? A public forum will be held on Tuesday, October 7, from 7:00-8:00 P.M. in Room C180 at Burnsville Senior High School: As a member of the Community Review Colmlittee, you Would take part in the forum. In addition to the individuals we have contacted for this committee, pro- visions have been made for five additional members to be selected or to volunteer from the public forum, to be a member of the Community Review Committee. At the conclusion of the public forum, this com- mittee will continue to meet to consolidate the input from the evening into one document. /95 100 RIVER RIDGE COURT . BURNS,VILLE, MINNESOTA 55357 . 1613)881-]500 4, F,.ul nnm....n,,, F -W—,, Page.2 Two representatives of the Community Review Committee will be selected to attend the Steering Committee meeting at 7:00 P.M. on Tuesday, October 14, at the Administrative Services Center. The purpose of this meeting will be to compile input from the District Employees Ccmnittee, the School Board Alumni Committee, and the Community Review Committee. The input conpiled by the Steering Committee will be used by the Board of Education in their final decision regarding the quali- fications for a new superintendent. We hope you will seriously consider membership on the Community Review Committee. We are confident that your point of view and experiences will help in this superintendent search. If you are able to serve or can suggest a replacement to contact, please call=the Superintendent's office at 887-7200 or Gerri Schinckle at 890-7196. sinc"ere"ly' yours, j�GC/!/W �C1'N�c-cJ Gerri Schinckle, Chair 'Superintendent Search Process Committee FAWN RIDGE 2ND ADDITION �� ; '-- t /// •. ' \1 ��` .�� �_� ,lei „L..., I_ I ll ty :iris=-�T • I IS '.�xD J / / +•1 j .. I 2 1 • tFMDi E6 1/2 IxLX YOxUYEnI 'CND UMLE99 OTXERNISE 51gwM 10 d 1\ o DEMIiE6d � �tiA -A 3IPON YOMYYEXi SET Y•P1[EII WITH rEO6TRMT" XO 1 [] L f ]600 UNLOTXEPMI9E dMOwM 2 ; ` S -.- ' )� / • -[. TIE VEST LINE D TM SN r/1 pF 9EC ]9 T ]T. R. ]]. LI. ` }�1 i• T f /` \ [''[�?. HAS AN ASSUMED MARIN[ O[ x o' ]IOP E. M E MINITE9 RANT OE ACCEss MMATEO To 'ANOIM CpllT' __``: e s _ _ .L • ,~� / ]., 4 r; -\C. +';, VICINITY MAP 10 L I 1x RWO P nosc [ew NOINEEIIIN6� " y COMPNNY, INC. 1-1 C yr 4 SHEETS 11000- 1-1;�-5 89'41'35'W SOUTH LINE Of THE NN /. BEC. 25, TWP 27, RGE.23 JP ,^`, \ ?o FAD J �4 '/ I / K; —r uW0 ";Ipl i'JN 50 0 `A 100 SCAL DRAINAGE B UTILITY EASEMENTS ME SHOWN THUS: II SJ I i T BEING ] FEET 1N WIDTH AND ADJOINING LOT L NES,ANO 10 FEET IN WIDTH AND ALUONING STREET LINES.UNLESS OTHEWSE INDICATED ON THE PLAT THE WEST LINE OF .THE NW 1/4 HAS AN ASSUMED BEARING OF N'O. 01'4W W, _z z AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL OCTOBER 7, 1986 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:40 - DEPARTMENT HEAD BUSINESS �•ti A. Public Works Department 3 B. Police Department P' IV. 6:55 - CONSENT AGENDA P'`A A. Contractors Licenses P,(o B. Authorize Interest Payment in Lieu of Duplicate Issuance of a Lost Coupon for the Single Family Revenue Bond Issue P g C. Contract 85-26, Approve Change Order #1 (Wells 8 & 9) 1 D. Contract 85-21, Approve Change Order #2 (Maintenance Building) e to E. Gun Club Lake Watershed Management Organization Representative Resignation p•%'-' F. Project 486, Receive Petition/Order Feasbibility Report (E -Z Air 1 Park - Storm Sewer) P -V3 G. Contract 86-4, Approve Change Order #1 (Brittany 9th Addition) p.\3 H. Contract 86-5, Approve Change Order #1 (Windtree 5th & 6th 1 Additions) �•�`� I. Contract 86-5, Approve Change Order #2 (Windtree 5th & 6th Additions) P J. Contract 86-10, Approve Change Order #1 (Eagandale Center _ Industrial Park) e �S K. Contract 86-15, Approve Change Order #1 (Hampton Heights) �- �'•(G 1•. Approve Final Plat, Chatterton Ponds �B M. One -Day Consumption and Display License, St. John Neumann Church V. 7:00 - PUBLIC HEARINGS ?•al A. Public Hearing for Proposed Gambling Ordinance f).] S B. Public Hearing for Project 481, Blueberry Circle - Storm Sewer e,3(,C. Final Assessment Hearing for Project 451, Hampton Heights - Trunk Water Main VI. OLD BUSINESS 37 A. Preliminary Plat for Sunpointe (Advance Developers) Consisting of 90 Townhouse Units on Approximately 10.5 Acres Located West of Blackhawk Road Abutting Diffley Road, SW 1/4 of Sec 20 B. Review Final Draft for Tax Increment Financing Guidelines f.S4, C. Project 419, Review Objections to Final Assessments (Slaters Acres) D. Project 433, Parcel 10-02300-010-01, Withdrawal of Objections to Final Assessment (Lexington Square 2nd Addition) 1 VII. NEW BUSINESS e•�O:1 A. Preliminary Plat for Blackhawk Acres 2nd Addition (Les Duoos) Consisting of 32 Townhouse Units on Approximately 6 Acres, Located West of Blackhawk Rd Abutting Robin Lane, SE 1/4 of Sec 17 �• g(5 B. Preliminary Plat for Lexington Hills First Addition (H & Z Partners) Consisting of 168 Apartment Units on Approximately 16.3 Acres, Located at NE Quadrant of Lexington Ave & Diffley Road, SW 1/4 of Sec 23 jp9 C. Waiver of Plat for Dakota Electric Association to Split off Approximately .89 Acres from a 3.3 Acre Parcel for Electric Substation, Located at SW Quadrant of Dodd & Cliff Roads, NW 1/4 of Sec 36 e•�i� D. Waivers (2) of Plat for B. H. Grace Corporation, to Split Duplex Lots on Lot 4, Block 3, and Lot 6, Block 3, Rahn Ridge, Located on Vienna Lane, NE 1/4 of Sec 31 KeE. Clarification of Light Industrial Zoning for Silver Bell Plaza, Highway 13 at Silver Bell Road (Dallas Development) \i $ F. Raymond Fischer for a 10' Variance to Sideyard Setback Requirement for Lot 1, Block 1 and Lot 5, Block 2, St. Francis Wood 5th Addition, Located South of Duckweed Drive and West of Lexington Avenue, SE 1/4 of Sec 15 �•1 of 1 G. Resolution for Certification of Property Taxes Payable in 1987 S H. Minnesota Valley Humane Society Request to Construct an Animal ` Shelter VIII. ADDITIONAL ITEMS P.JgO A. Public Improvement Contracts 1. Contract 86-20, Receive Bids/Award Contract (Windtree 7th Add) N'�-B. Clarify Criteria for Interest Rate Reduction Program 1'16C. Additional Appointments to Solid Waste Abatement Commission t50D. Grading Permit Application #EX1-216 (Northwest Airlines) e• IX. VISITORS TO BE HEARD (for those persons not on the agenda) ►.�:U1%fHIl:14ax2YY 2 4V MEMO TO: HONORABLE MAYOR &CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 1, 1986 SUBJECT: AGENDA INFORMATION After approval is given to the October 7, 1986, agenda and regular City Council meeting minutes for the September lb and Special minutes for September 8 and 25, 1986 meetings, the following items are in order for consideration: �U]IJ9:U Yu 19�`Y Y�:17R\ t • A. PUBLIC WORKS DEPARTMENT Item 1. Public Works Department --At the June 1.7 Council meeting, the Council considered a petition requesting the installation of stop signs at the interesection of Trenton Road and Yorktown Place. Due to the fact that staff could not recommend the place- ment of stop signs at this intersection, the Council authorized the installation of a yield sign on Trenton Road at Yorktown Place and requested the Police Department to perform additional sign compliance and speed studies through this intersection to be reconsidered by the Council on October 7. Enclosed on page 7,*� is a report prepared by the Police Department, indicating that the existing .yield sign appears to be adequately handling the traffic .situation. Subsequently, the Public Works Director does not recommend that any further action be taken and'that the existing yield sign remain in place. ACTION TO BE CONSIDERED ON THIS ITEM: Reaffirm the installation of the existing yield sign on Trenton Road at Yorktown Place. I 3830 Pilot Knob Road Eagan, Minnesota 66122 or Octobe- 2, 15:. police department JAY M. BERTHE CNH. Pelle PATRICK J. GEAGAN A InlnmM 6Min KENNETH o. MZMANN aumlam fym'n S TO: THOMAS HEDGES, CITY ADMINISTRATOR FROM: KENNETH ASZMANN, OPERATIONS CAPTAIN SUBJECT: TRAFFIC SURVEY - TRENTON & YORKTOWN As requested 6/18/86 by council, the police department has conductedseveral traffic surveys over the past three months to observe traffic flow and problems at this location. After reviewing surveys completed by several officers at different times, we conclude that at this time the "YIELD" signs constructed by the city appear to adequately control this location. We have noted a medium amount of traffic now, but with completion of other homes in this area, we anticipate a heavier amount of traffic which could alter the present conditions. Because of the length of Trenton, speed does not appear to be a problem. Thank you. KA/ma cc: Tom Colbert v THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY s 0 Agenda Information Memo, October 7, 1986, City Council Meeting Page Two B. POLICE DEPARTMENT: Item 1. Police Department --The City is requesting that a 1984 Ford squad car be declared surplus property and sold to the highest bidder. Bids were solicited from Viking Auto and .Suburban Auto, with Suburban Auto being the highest bid in the amount of $2,289. The bid submitted by Viking Auto was $988. ACTION TO BE CONSIDERED ON THIS ITEM: To declare the 1984 Ford squad car, identified as Squad #10, as surplus property and sell to the highest bidder, Suburban Auto in the amount of $2,289. IQ Agenda Information Memo, October 7, 1986, City Council Meeting Page Three CONSENT AGENDA There are thirteen (.13) 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. CONTRACTORS LICENSES A. Contractor Licenses --Attached on page 1J 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 approve the list of contractor licenses as presented. Ll CONTRACTORS' LICENSE OCTOBER 79 1986 GENERAL CONTRACTORS 1.. ANDERSON-KNUTSON CONSTRUCTION CO 2. BAUER CONSTRUCTION 3. DIVERSIFIED CONSTRUCTION INC 4. GENE'S CONSTRUCTION COMPANY 5. HAVEN ENTERPRISES, INC 6. A HOME OF YOUR OWN 7. NIWINSKI CONSTRUCTION INC 8. MERLYN OLSON- HOMES 9. QUALITY EXTERIORS INC 10. SALDIN CONSTRUCTION INC 11. SHELARD COMPANIES INC 12. WELLS BUILDERS SUPPLY HEATING/VENTILATING 1. AIR CONDITIONING ASSOCIATES INC 2. BETHKE HTG & A/C 1. PETERSON'S PLUMBING 2. SETZ BROTHERS INC SWI14ENN POOLS 1. OLYMPIC POOLS 2. DIAMOND CLEAR POOLS INC Agenda Information Memo, October 7, 1986, City Council Meeting Page Four IN LIEU OF DUPLICATE ISSUANCE OF .NGLE FAMILY REVENUE BOND ISSUE B. Authorize Interest Payment in Lieu of Duplicate Issuance of Coupon for the Single Family Revenue Bond Issue --Minnesota Statutes require replacement of all lost bonds and coupons. According to Miller and Schroeder Financial Inc., in the instance of a lost coupon after the expiration date, bond council, in the past, has only requested an indemnity bond and a resolution authorizing payment to the bond holder. A coupon identified as, Series 1980 Coupon #12 was due May 1, 1986, on Bond #1926 ewhich is a single family mortgage revenue bond issue. To avoid the costly process of reprinting the coupon, a recommendation • was made by the City's financial consultant that a resolution be adopted authorizing payment of interest in lieu of issuance of a duplicate coupon, with respect to the aforementioned lost coupon. Enclosed on page is a copy of the resolution. ACTION TO BE CONSIDERED ON THIS ITEM': To approve a resolution authorizing payment of interest in lieu of issuance of a duplicate coupon with respect to a lost coupon identified as Series 1980, Coupon #12, due May 1, 1986 on Bond #1926. 0, • Extract of Minutes of Meeting of the City Council of the City of Eagan, Dakota County, Minnesota Pursuant to due call and notice thereof, a meeting of the City Council of the City of Eagan, Minnesota was duly held at the City Hall in said City on Tuesday, the day of 1986, at 6:30 p.m. The following members were present: and the following'absent: Member introduced the following resolution and moved its adoption. RESOLUTION AUTHORIZING PAYMENT OF INTEREST IN LIEU OF ISSUANCE OF DUPLICATION COUPON BE- IT RESOLVED By the City Council of the City of Eagan, Minnesota as follows: 1. The owner of Bond No. 1926, maturing May 1, 2012 of the City's outstanding First Mortgage Housing Revenue Bonds, Series 1980, dated May 1, 1980, • has stated that Coupon No. 12 due May 1, 1986 in the amount of $256.25 of such Bond has been lost and, as required by Section 475.70, Minnesota Statutes, has provided the City with an indemnity bond, hereby determined to be satisfactory. 2. The City Clerk shall direct the paying agent for such Bond to pay to the owner the interest payment evidenced by the lost coupon upon receipt from the owner of any expenses of the City incurred in connection therewith without causing a duplicate coupon to be prepared. Agenda Information Memo, October 7, 1986, City Council Meeting .Page Five CONTRACT 85-26, APPROVE CHANGE ORDER C. Contract 85-26, Approve Change Order #1 (Wells 8 6 9) --Wells No. 8 and 9 are presently being developed under Contract 815-26 within the Royal Oaks development immediately adjacent to and south of Surry Heights development. During the construction of these two wells, various revisions to the original design contract had to be incorporated to allow continued construction described as follows: PART I (WELL NO. 9 --HINCKLEY FORMATION). The initial 30 inch diameter casing was driven an additional 84 feet to minimize the potential of friction refusal that might be encountered similar to Well No. 8 (Jordan sandstone formation). In addition, the design 24 inch casing had to be removed and reinstalled after meeting resistance. (Part I - Add $16,600). PART II (WELL NO. 8 --JORDAN SANDSTONE FORMATION) After the initial placement of the 30 inch diameter design casing, the 24 inch diameter casing met refusal at a higher elevation than necessary to properly develop this well. Due to the obstructions encountered, additional costs were incurred in unsuccessfully trying to remove the obstruction and subsequent redesign to a smaller diameter well. (Part II - Add $12,000). PART III (NOISE BARRIER). Wells No. 8 and 9 are being developed approximately 100 feet south of existing townhouse units within the Surry Heights townhouse development. With the problems of obstructions encountered in the development of both wells, this project generated significant increase noise in pounding the well casings over an extended period of time. Due to.complaints received from Surry Heights homeowners, it was necessary to construct a 16 foot height by 56 foot long wood noise barrier wall to deflect and minimize the noise from the drilling equipment. (Add $2,891). The net result of these three portions of this change order is an additional $31,491 to the overall contract. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order No. 1 to Contract 85-26 in the amount of an additional $31,491 and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo, October 7, 1986, City Council Meeting Page Six CONTRACT 85-21, APPROVE CHANGE ORDER D. Contract 85-21, Approve Change Order ¢2 (Maintenance Building) --The design specifications for the construction of the addition and remodeling to the existing maintenance facility • allowed the City to deduct the cost of material acquisition for the,pre-engineered metal building and pre -cast concrete wall panels from the contract so that the City could purchase the materials directly from the supplier and bypass the sales tax, overhead and profit that the contractor included in his base bid for these items. While this contract provides for a deduction of $207,762 with the City purchasing the materials directly from the manufacturer for $161,262, it will result in a net savings to the City of $46,500 under the general contract. ACTION TO BE CONSIDERED ON THIS ITEM: Approve Change Order No. 2 to Contract 85-21 (Maintenance Building Expansion/Remodeling) and authorize execution of all related documents. Agenda Information Memo, October 7, 1986, City Council Meeting Page Seven GDN CLDB LAKE WATERSHED MANAGEMENT ORGANIZATION REPRESENTATIVE RESIGNATION E. Gun Club Lake Watershed Manag.ement O'rganiz'ation Representative Resignation --Enclosed on page ) is a letter of resignation received from Wes ,Lane regarding the City's Gun Club Lake WMO. Due to the recent appointment of Diane Hood as an alternate, the City's representation will be able to continue in full force until a replacement has been appointed by the Council. The Public Works Director would like to receive some input from the. Council regarding their desires for a replacement of this representative. ACTION TO BE CONSIDERED ON THIS ITEM: Receive and accept the resignation of Wes Lane as the City's representative to the Gun Club Lake WMO. MINNESOTA D.R.I.V.E, 3001 University Avenue S.E. Suite 510 Minneapolis, Minnesota 55414 Telephone (612) 331-5514 ED TREVIS President JACK MOGELSON Executive Vice -President SHERM LIIMATAINEN Secretary -Treasurer GENE VOGEL Recording Secretary Trustees RAYMOND J. HOGAN JACK J. JORGENSEN. Jr. JACK VELIN DICK HECK HAROLD PETERS JIM HOLTE DAN BRYANT DON CARLSON WES LANE • D.R.I.V.E. Rep. September 30, 1986 Mayor Bea Blcmquist City of Eagan 3820 Pilot Knob Road Eagan, MN. 55121 Dear Mayor Blcmquist: Cj � 1 This is to inform.you of 'my resignation from the Gun Club lake W Committee. It bas been a privilege and honor to serve the City of Eagan. However, because of my involvement with politics, it has made it impossible to • attend the meetings, at the present time, and I do not think it fair to the city or the W ammLittee. In the future, maybe after the election, if there is any committee I could serve, I would be happy to do so. SSinlcerely, eJ� 6 I es D. DRIVE Representative WDL:dijopeiu$12 cc: T. Colbert Democrat .Republican Independent Voter Education M 4451b.3 Agenda Information Memo, October 7, 1986, City Council Meeting Page Eight PROJECT 486, RECEIVE PETITION/ORDER FEASIBILITY REPORT F. Project 486 , Receive Petition/Order Feasibility Report (E -Z Air Park - Storm Sewer) --The staff has received a petition from the owners of the proposed E -Z Air Park expansion requesting the City's installation of the trunk storm sewer facility necessary to handle the additional parking lot expansion. There was a .; condition of approval for the Conditional Use Permit for this proposed development. ACTION TO BE CONSIDERED ON THIS ITEM:Receive the petition for Project 486 , (E -Z Air Park - Storm Sewer) and authorize the preparation of a feasibility report. Agenda Information Memo, October 7, 1986, City Council Meeting Page Nine CONTRACT 86-4, APPROVE CHANGE ORDER G. Contract 86-4, Approve Change Under No. 1 (Brittany 9th Addition) --This Change Order consists of two parts described as follows• PART A: At the time of initiating this contract, the deve- loper had not completed his grading operations to the tole- rance required through the development agreement. Subsequently, this contractor incurred additional costs to complete the grading necessary to proceed with the construc- tion of streets and utilities (Add $5,938.50). PART B: After the completion of utilities on the stub street from this addition to service the future Brittany 10th Addition, the developer completed concept design plans for the next phase development which showed that the recently installed grade elevation for -the stub street in the 9th Addition should be lowered to better accomodate its extension into the future phase developments. This resulted in an additional reconstruction of existing utilities (Add $4,254). All costs associated with this 'Change Order have been concurred to by the developer and will be 1008 assessable at the time of final cost tabulations. ACTION TO BE CONSIDERED ON THIS ITEM: Approve Change Order No. 1 to Contract 86-4 (Brittany 9th Addition) in the amount of an addition of $10,192.50 and authorize the Mayor and City Clerk to execute all related documents. t CONTRACT 86-5, APPROVE CHANGE ORDER H. Contract 86-5, Approve Change Order No. 1 (Windtree 5th & 6th Additions) --During the progression of the installation of streets within this subdivision, the electric and telephone companies were not able to direct bury their utility line crossings of the street prior to the contractor's scheduled surface operations. Subsequently, conduits were buried by the contractor to allow street crossings at a later date without open cutting the recently improved street. This result in an addition of $687.50 to the contract. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order No. 1 to Contract 86-5 (Windtree 5th & 6th Addition) in the amount of an additional $687.50 and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo, October 7, 1986, City Council Meeting Page Ten CONTRACT 86-5, APPROVE CHANGE ORDER I. Contract 86-5, Approve Change Order No. 2 (Windtree 5th a 6th Additions) --The developer of this subdivision did not complete his grading operations in accordance with the City approved grading plan prior to the City's contractor installing the utilities. Subsequently, additional overdepth of excavation was required by the contractor resulting in an additional cost of • $9,591. All costs associated with this change order will be fully asessable to this development and guaranteed through the development bond. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order No. 2 to Contract 86-5 (Windtree 5th & 6th Additions) in the amount of an additional $9,591 and authorize the Mayor and City Clerk to execute all related documents. CONTRACT 86-10, APPROVE CHANGE ORDER J. Contract 86-10, Approve Change Order No. 1 (Eagandale Center Industrial Park) --This change order consists of two parts described as follows: PART A: During the bidding phase of this contract, an • addendum was sent out to all plan holders indicating the need for a bid unit price for removal and replacement of existing curb and gutter in the industrial park necessitated by the installation of the trunk storm sewer. Although this contractor did not acknowledge the addendum and submit the required unit price, this change order provides for this Work to be done at the same unit price as the second low bidder. (Add $3,150). PART B: During construction of the storm sewer along the west service drive, the elevation conflicted with the loca- tion of an inplace water lateral resulting in the need to relocate the water main at an additional cost of $7,291.55. All costs associated with these change orders will be considered part of the contract and assessed to all benefitted properties accordingly. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order No. 1 to Contract 86-10 (Eagandale Industrial Park- Storm ,Sewer) in the additional amount of $10,441.55 and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo, October 7, 1986, City Council Meeting Page Eleven CONTRACT 86-15, APPROVE CHANGE ORDER R. Contract 86-15, Approve Change Order No. 1 (Hampton Heights - Trunk Water Main) --This change order consists of three parts described as follows: PART A: This contract provided for the installation of a 12 inch trunk water main through a portion of the Hampton Heights development. The Public Works Utility Maintenance Division had salvaged and stockpiles 340 feet of 12 inch water main pipe from a previous job. This water main material was then supplied to the contractor to be installed under this contract with the appropriate credit being applied. This resulted in a deduct of $3,50,2 to the City's trunk fund. PART B: Due to the over depth of this trunk water main in various locations to avoid conflict with some of the existing subdivision utilities, extension valves had to be added to several gate valves to insure ready accessibility by the Utility Maintenance Division. These extensions resulted in an additional cost of $921.76. PART C.: With the installation of this trunk water main providing distribution of treated water through the City and the transmission of raw water from Wells No. 8 and 9 and future Wells No. 9 and 10, it was appropriate to revise the design layout of the alignment to provide future fire protection for the maintenance garage facility and a water service to Well No. 4 to insure continuous priming of this pump. This resulted in a net addition of $19,043.26 to the contract. All costs ,associated with this change order will be the responsibility of the City's trunk water fund. ACTION TO BE CONSIDERED ON THIS ITEM: Approve Change Order No. 1 to Contract 86-15 (Hampton Heights - Trunk Water Main) in the additional amount of $19,043.26 and authorize the Mayor and City Clerk to execute all related documents. 0 Agenda Information Memo, October 7, 1986, City Council Meeting Page Twelve APPROVE FINAL PLAT/CHATTERTON PONDS L. Approve Final Plat, Chatterton Ponds --The staff has received an application for final plat approval for the Chatterton Ponds development, located south of St. John Neumann Church and east of Pilot Knob Road as identified by the final plat enclosed on page All conditions placed on the preliminary plat approved by Cou cil action on July 15,, 1986, have been satisfactorily complied with and 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 the final plat for the Chatterton Ponds Addition and authorize the Mayor and City Clerk to execute all related documents. CHATTERTON PONDS LOCATIM ._ ,,. • Agenda Information Memo, October 7, 1986, City Council Meeting Page Thirteen ONE -DAY CONSUMPTION AND DISPLAY/ST. JOHN NEUMANN M. One -Day Consumption and Display License for St. .John Neumann Church --The parish of St. John Neumann is planning a church dance on November 15, 1986. The application is specifically for a one -day consumption and display license - For a copy of the application, refer to pages /C% through �. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a onerday consumption and display license for the parish of St. John Neumann. CITY OF EAGAN aeao PILOT KNOB aoAD P.O. Box InmM CITY OF EAGAN EAGAN, MINNESOTA 59121 " APPLICATION FOR CONSUMPTION &DISPLAY -ONE DAY LICENSE Fee: Date Submitted: Reason For Event: Church Dance • • •& u 9•_ 705WT9 p.i�:TiJ� Date of Event: 11/15/86 Name of Non -Profit Organization: Parish of St. John Neumann A. The following is to be conpleted by the duly authorized officer of .the organization: 1. TRUE NAME: M i�ciraare'� 2. RESIDENCE ADDRESS: 3. DATE OF BIRTH: 4. PLACE OF BIRTH:_ Mots M n Ci�tate •Month/Day/Year 5. Have you ever been convicted of any crime other than a traffic offense? Yes Nom(_ If yes, explain: B. The following is to be completed by the designated Chairperson/Manager of the event: 1. TRUE NAME:_ Lynch Michael William Last First Full Middle t 2. RESIDENCE ADDRESS: 2008 E. 121st Street,Burnsville,Minn 55337 Street City State Zip 3 I: DATE OF BIRTH: OF BIRTH: 9 4. PLACE Minnea olis,Minn. ay Year City State .. 5. Have you ever been convicted of any crime other than a traffic offense? Yes No_&_ If Yes,. explain: 6. How long have you been a member of the organization? 4 Years ORGANIZATION INFORMATION: 1. Address where regular meetings are held: 4030 Pilot Knob Rd, Eagan - _ Street eet ,City 2. Day and time of meetings: Saturday afternoons and Sunday mornings 3. Is the applicant., organization organized under the laws of the State of Minnesota? Yes s X No •'._ 4. How long has the organization been in existence? 8 Years + "''5. How many members in the organization? 1400 to 1500 families Consumption & Display Application Page Two ORGANIZATION (continued) AAC rw no l i v GAO WMA ro la eso a O O 1 M 3Vt 1 1 4 AO I 6 What is the purpose of the organization Religion. .Social 7 Officers of the Organization NAME ADDRESS (street/city/zip) TITLE Mike Morrgnr_L ►lco-o Fi"Ae.w Ay)AVSIe, t) 5 -S -12W 8 Give the names of any other persons paid for services to the organization NAME ADDRESS (street/city/zip) TITLE n U "ge0 Cie,-Q..l F'r, �v *fo:?& P le+ kueb Rd Edhew 0C Sl„ -d \,,any k4nnrek Cho Slo3o P►� + k b U EgrAs," �}CIMIn►s L�,) VAA^AA 0- rrYJ15 goiA A1,4 l< jL r -d 5a 4T/Z2 9 In whose custody are organization records kept NAME Wsam _ rmdi ADDRESS d PI f ks&a Kd Ed - Street/City/State/Zip jj7/Lz Business Telephone Number IVSD/ ao7q Home Telephone Number Vf4,6 7397 THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD THE CITY OF EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SLITS INCLUDING ATTORNEY FEES AND OTHER DEFENSE COSTS WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANT OF THIS CONSUMPTION AND DISPLAY - ONE DAY LICENSE I I—C. w c3S and I Name Au o zedO icer o Org Name o Event airperson Manager 4JLae.Pa) ace rh ae Jt.._" hereby submit in duplicate this application for a consumption and display - one day license in accordane with the Eagan City Code Chapter 5 Section 5 80 and Minnesota Statutes p Sign Sure - OfficerSignature - Chat erson/Mara FOR CITY LSE ONLY POLICE APPROVAL Yes ( ) No ( ) SIGNED DATED CITY COUNCIL APPROVAL Yes ( ) No ( ) SIGNED r Agenda Information Memo, October, 7, 1986, City Council Meeting Page Fourteen PROPOSED GAMBLING ORDINANCE A. Public Hearing for Proposed Gambling Ordinance --At the August 19, 1986 City Counc=il meeting, a public hearing was set for the October 7, 1986 City Council meeting, to consider an ordinance amendment that would provide specific conditions for the statutorily allowed' form of gambling known as pull—tabs to be permitted at on -sale liquor establishments. For a copy of a letter that was sent to all Eagan service organizations and on -sale liquor establishments, refer to page ZZ. Enclosed on pages �3 throughis a copy of the proposed ordinance as directed by the Cit Council and prepared by the City Attorney's office for consideration on this matter. The ordinance amendment did accompany the letter to all representatives of service organizations or on -sale liquor establishments. ACTION TO BE CONSIDERED ON THIS ITEMc To approve or deny an ordinance amendment to provide specific conditions for the statutorily allowed form of.gambling known as pull—tabs. Z� of 3830 PILOT KNOB ROAD, P.O. BOX 21199 EAGAN, MINNESOTA 55121 PHONE= (612) 4548100 August.26, 1986 TO ALL EAGAN SERVICE ORGANIZATIONS AND ON -SALE LIQUOR ESTABLISHMENTS Dear Fellow Service Organizations and On -Sale Liquor Proprietors: BEA BLOMQUIST Mayor THOMAS EGAN 1AMES A SMITH VIC ELLISON THEODORE WACHTER Council Members THOMAS HEDGES CIN Mminlsira w EUGENE VAN OVERBEKE ON Clerk The Eagan City Council has been giving consideration to an ordi- nance amendment that would provide specific conditions for the statutorily -allowed form of gambling known as pull -tabs to be permitted in on -sale liquor establishments. At our last regular City Council meeting held on Tuesday, August 19, 1986, a public hearing was set for Tuesday, October 7, 1986, to give further consideration to an ordinance amendment. The City Council directed this office to send you a letter asking for your appearance and input which will be considered during the public hearing held on the aforementioned City Council date. Enclosed are two (2) alternatives. The specific difference between Alternative 1 and Alternative 2 is that Alternative 2, under Subdivision 3, Applications, Section C, allows for an exception: "unless the organization is a nationally -known charitable organiza- tion." If you are unable to attend the meeting on Tuesday, October 7, 1986, please feel free to submit a letter stating your feelings on the proposed ordinance amendment. Sincerely, Thomas L. Hedges City Administrator cc: E. J. VanOverbeke, Finance Director/City Clerk TLH/kf Z� THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 8-22-86 Draft ORDINANCE NO. _, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 5 AND 6 , ENTITLED "BEER, WINE AND LIQUOR LICENSING" AND "OTHER BUSINESS REGULATION AND LICENSING", RESPECTIVELY, TO PROVIDE SPECIFIC •CONDITIONS FOR THE STATUTORILY ALLOWED FORM OF GAMBLING KNOWN AS PULL TABS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code, Section 6.35, is hereby enacted to provide: Section 6.35. GAMBLING. Subd. 1. Purpose. To ensure that charitable gambling in Eagan is conducted primarily by Eagan non-profit organizations and that the proceeds from such gambling are used primarily for the betterment of the Eagan community. These restrictions shall be no less restrictive than Minnesota Statutes or regulations and shall apply only to pull tabs. Subd. 2. Approval Required. It is unlawful for any non-profit organization to operate or sell pull tabs in Eagan without approval from the Eagan City Council. Subd. 3. Applications. A. Applications for pull tab approval shall be considered and approved by the City Council only at regular meetings. B. Only applications made by eligible organizations will be considered for approval by the Council. ALTERNATE I. C. The applicant non-profit organization shall provide adequate proof that it has at least 15 active members and that at least 15 of its members are either employed or live within the City of Eagan. ' ALTERNATE II. C. The applicant non-profit organization shall provide adequate proof that it has at least 15 active members and that at least 15 of its members are either employed or live within the City unless the organization is a nationally known charitable organization. ' Subd. 4. Regulations and Restrictions. with ALTERNATE I. A. In addition to regulations imposed by the State of Minnesota, the approved organization shall be required to verify that 80% of the net proceeds collected from pull tabs is used to support recreational, civic, religious or cultural programs for the benefit of Eagan and its residents and all information and reports required to be submitted to the State shall also be submitted to the City, both with the application and on an annual basis. `Z3 • with ALTERNATE II. A. In addition to regulations imposed by the State of Minnesota, all information and reports required to be submitted to the State shall also be submitted to the City, both with the application and on an annual basis. B. Pull tabs may be sold only in on -sale liquor license establishments in the City, which are either owned or leased by the eligible organization. C. Eligible organizations may, however, be granted approval for the operation of pull tabs in premises other than on -sale liquor license establishments for no more than four consecutive days. Section 2. Eagan City Code Section 5.15 is hereby amended to read as follows: Section 5.15. Gambling Prohibited. It is unlawful for any licensee to keep, possess, or operate, or permit the keeping, possession, or operation on licensed premises of dice or any other gambling device, or permit raffles to be conducted., except as are licensed by the Minnesota Charitable Gambling Control Board and then only except as it complies with the established policy of the City. Pull tab sales by a non profit organization may be conducted in an area leased by said organization separate from the bar or service area. Pull tab sales -shall be made by a member or employee of the licensed organization only. Liquor sales and individuals less than the minimum age for consumption of intoxicating liquor shall not be allowed in the pull tab area. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation" and Sections 5.99 and 6.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim • .: herein. Section 4. Effective Date. This ordinance shall take effect upon its . adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL is Clerk Date Ordinance Adopted: Its Mayor Date Ordinance Published in the legal newspaper: titF Agenda Information Memo, October 7, 1986, City Council Meeting Page Fifteen PROJECT 481, BLUEBERRY CIRCLE - STORM SEWER B. Project,481, Blueberry Circle - Storm Sewer --In response to a petition received from several property owners located on the north side of Blueberry Circle, the staff prepared a Feasibility Report to discuss the installation of requested storm sewer facilities to handle the backyard drainage of several properties. Enclosed on pages _ _ through is a copy of the Feasibility Report presented to the Council on September 16 in scheduling the Public Hearing to be held on October 7. In trying the minimize the cost of this additional storm sewer to the affected residents, the developer (Sienna Corporation) has agreed to provide all design engineering services and the City would provide all contract management and inspection at no cost to the affected homeowners. This reduces the estimated overhead to approximately '_8 over the estimated construction costs. Several homeowners who drain into this low area have expressed objections, for having to pay for the storm sewer facilities. Subsequently, several alternates of final assessments were prepared identifying all properties who drain into the low area to be services by the storm sewer, those lots who would directly benefit from having this storm sewer installed and those lots who petitioned for the improvements. Because of the expressed objections and anticipated assessment appeals of several properties owners, it, was recommended that the Council not approve this project until 1) a waiver of assessment objection is submitted for those property owners proposed to be assessed; 2) the cost is spread equitably over only those property owners so waiving any objection to assessments, or 3) the final assessment hearing is held to insure no written objections submitted prior to awarding the contract.. The Public Works Director will be available to discuss in further detail the issues and concerns associated with this proposed improvement improvement at the hearing on October 7. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the installation of Project 481 (Blueberry Circle - Storm Sewer) and if approved, authorize the . preparation of plans and specifications. ZS e CIiY DF FAGAN PUBLIC WORKS DFPARTMFNT MITERING DIVISION BLUEBERRY C[RCbE STORM SEWER • PROJECT 461 Approved by: Public Works Dept: -is Date City Council: Date 2 �o MEMO TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: RICHARD M HEFTI, ASSISTANT CITY ENGINEER DATE: SEPTEMBER 15, 1986 SUBJECT: FEASIBILITY REPORT FOR BLUEBERRY CIRCLE STORM SEWER PROJECT # 481 On August 19, 1986, the Council directed the Engineering Division of Public Works to study the feasibility of providing a solution to an existing drainage problem within Lots 14, 15 and 16, Block 7, Hilltop Estates Addition. This feasibility study request resulted from the residents of these lots petitioning the City Council for such a study. The Engineering Division analyzed the existing problem and proposed solutions to this problem. This report presents the results of the • analysis and recommends installing a storm sewer line within Blueberry Circle and Blueberry Lane, at an estimated cost of $16,926, to solve the existing drainage problem. The following report also proposes different alternatives for financing the project costs under special assessments. The Public Works Director will be present at the October 7, 1986, public hearing to explain this project and answer any questions the Council or public may have. Respectfully submitted, Richard'M. H ti Assistant City Engineer RMH/jj I hereby certify that this • report was prepared by me or under my direct super- vision .and that I am a duly Registered Professional Engineer under the laws of the State /of Minnesota. Richard M. Heft DATE: September 15, 1986 REG. NO. 149 73 �7 • I FEASIBILITY REPORT' PROD. NO. 481 BLUEBERRY CIRCLE LATERAL STORM SEWER PURPOSE The purpose of this feasibility report for Project 481 is to investigate solutions to an existingdrainage problem for Lots 14, 15, & 16, Block 7, Hilltop Estates Addition. The Council, acting on the residents' petition, authorized the preparation of the feasibility report on August 19, 1986 and assigned its preparation to the Public Works Engineering Division. SCOPE The scope of this project is to construct the necessary lateral storm sewer to provide an outlet to an existing low area in the rear yard of Lot 15. This report will briefly discuss the history of the problem, propose a solution including a cost estimate, and financing of this project. EXISTING CONDITIONS The existing drainage problem consists of a low area that holds water in the rear yards of Lots 14 & 15. Figure 1 shows the approximate drainage area (Lots 11-17 & part of 18) into this low area. This problem is primarily the result of the house on Lot 16 being built too low which prohibited the filling of the rear of Lots 14 & 15 to obtain overland drainage to the street (Blueberry. Circle). • Z FEASIBILITY & RECOMMENDATIONS The construction of a storm sewer pipe outlet to drain the problem area, as described under. PROPOSED IMPROVEMENT, is feasible from an Engineering standpoint. The Public Works Engineering Division recommends adding this project to an existing contract by way of change order so as to complete this project in time for next spring's runoff. PROPOSED IMPROVEMENTS The developer's engineer, J.R. Hill, Inc., made a preliminary study of four alternatives to solve this drainage problem. In a report to the developer, dated July 21, 1986, (Sienna Corporation), the engineer recommended the construction of a 12" gravity storm sewer pipe shown in Figure 2. The Public Works Engineering Division agrees with this recommendation as do most of the affected residents through their petition. This storm sewer could be built with a minimum of 'street repair by staying within the boulevard for Blueberry Circle & Blueberry Lane. Along with the 12" storm sewer pipe construction would be 1 manhole, 1 catch basin, and boulevard & street restoration. FINANCING Staff estimates the project costs at $16,926. These costs are for construction only & do not reflect any overhead costs. In an attempt to limit the costs for this project, the City will be .performing the preparation of this f,easibil.ity study & construction inspection with the developer providing the design engineering & construction management, thereby eliminating the overhead costs. A detailed cost estimate is attached at the end of this report. ASSESSMENTS Four of the residents (Lots 13-16) have agreed to pay for the costs of installing the storm sewer system the Public Works Engineering Division proposes. However, Lots 11, 12, 17 part of 18 contribute runoff because they're located within the drainage basin. As a result, staff has prepared several preliminary assessment roll alternatives based on the number of lots being assessed and also by the assessable square footage. These are contained at the, end of this report. Assessment Area Construction Area Only Hilltop Estates Hilltop Estates Block 7, Lots 11-18 Block 7, Lots 21-23 0 SCHEDULE PRESENT FEASIBILITY REPORT PUBLIC HEARING APPROVED PLANS AND SPECIFICATIONS AWARD CONTRACT' COMPLETE'CONSTRUCTION ASSESSMENT HEARING FIRST PAYMENT DUE WITH REAL ESTATE TAXES 0 September '2, 1986 October 7, 1986 October 7, 1986 October 7, 1986 Fall, 1986 Spring, 1987 May 1988 .S9o2pSa DE? o. / g0.49 9 il•52 pO 8 yaeC. m N.7o7�O .' , c0 24 o O 8 aowj4 o y Q 34 a p+� a °° 2 2 ° a° u .-• Ss, .� -124.01 -� •E' il•52 m 8 aowj4 0`34 • _� i .4r •''Op -? �✓ � n , ' 1.• •'• :•?::•:: ; .:L:...<I � F3�:'- ; •. •� �' .' ?' •�:7!':•• �'T�'�';i, s!e W. �9' � r 19 r lot? - :}:'::.; � .'`:'':::•:•[.', .•:•:: , NO 500 30 -A el _ O . , % m �' Sp J .::; : ' •:' il!'�:�' .;:; 4:4?:: •• V •::•}:.; r .. rZ I 0 o- o- � / gee �. o d� I- � �•:i�ab�:�:� ::•:••:`;:::;� d sS,° 0. o- 1 '• sp \ 8 o i o . 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Ja�� ory y91•/6 3q 0 11 4-6z°2909" >°y p°�O •,enp \ °6be Oe�u EB�O°° 1°O I I` PO O6 D N- 22 (��ly1 O b ' p•7°+� W y1 3I../ P 60�°��b Nd' PN „C!\�' 23 W �O� ��/1 f 1926! aKNO� O �� 1vC 11 O J a ' �\ m O 124.01— mi �111.07�� n� \\ in J •.sp589°22�53��E' n'� �( 3.93°57'20° d` N �, O 9 ry I N1 O YQO 9!E >00.`�^P 21 0l m� 13 p 12 am O m I I G Z \\ J ° �°9q. N n o` 1- -130.00 _ _ L 205.75 - S B7°37'37"E \ :� O ? 96„ i . SB3°41'07„ Jq•. 2 18 4,/;4. 00, F al wl` �' E /- .115.75 — .7 i— 90.00--I \� C° ry Oy •. n O.�i r L J<eb� `°°°� A '� ��JJ J spry 14D 8 COnIST Gt3 I s. �� /5 �`� o ,o / e P 16 / 1 / y" P 0 m° "' .. ,. 9 S'f�t EET 12�5T°1ZAil°r� I 000\ -'.r .�9'T' \/ / ryD`ry boP0o'I'6 0 E I Go�G3noCAI IN.5.*r. � 4.s ,052. 86 0\ °°P Z'� oIry fPti4�omj.�` i a�•� • 9aI �o•a•1'l .ss°�93p90?137 32� p m~ I so 60!°o?e 70Vo06, y 2 /I 2 22 o Ntu ci ci4 vI ulo _ -125.7"- -01 SB"-ovnP NB0p23' / .. II8.91.. �. \ 20 ° /,ry 31 0 ^ r '° y N ,0ry / n o O� In 0 , q J W I; I r i W 0 i O 1T, r 4 I I W ,- 1 m LA N� y� S� /8 M O J20 •, \ ' - N O T � min ,D: D \ % / a to. � K F \I O- 1 n O el n" 23 a ,0 m"' t^ . I Z i Ph ° m ';I ryy �s �\ q)�' 19 him. s� _ " 1 ° 101.12 cl 9.28 00-'J 0 �3 = 130. n I0 F� Y--� SiDrZM ��£V lE2 4 Q Blueberry Circle Storm Sewer - 481 Cost Estimate Item Est'd Unit No. -------------------------------------------------------------------- Item Description Quantity Unit Price Amount -------------------------------------------------------------------- 1 12" PVC Pipe (0-8'deep) 640, LF $18 $11,520 2 Standard MH (0-8'deep) 1 EA $800 $800 3 Catch Basin, Des. H 1 EA $650 $650 4 Sod w/ topsoil 525 SY $2 $1,050 5 Street Restoration 1 LS $1,200 $1,200 6 -------------------------------------------------------------------- Driveway Restoration 3 EA $300 $900 -------------------------------------------------------------------- Total Construction Costs $16,120 5% Contingencies $806 Total Est'd Project Costs $16,926 • 0 Preliminary Assessment Roll Project 481 ****Alternate A ****Alternate B' Assessment Rate Assessment Parcel Description PIN No. Area Lot /Sq.Ft../Sq.Ft. /Sq.Ft. /Lot ------------------------------------------------------------------------------------- Hilltop Estates Block 7 Lot 11 10-330007110-07 18,771 1.0 $0.1278 $2,398 $2,257 Lot 12 10-33000-120-07 18,237 1.0 $0.1278 $2,330 $2,257 Lot 13 10-33000-130-07 13,739 1.0 $0.1278 $1,756 $2,257 • Lot 14 10-33000-140-07 12,653 1.0 $0.1278 $1,617 $2,257 Lot 15 10-33000-150-07 16,369 1.0 $0.1278 $2,092 $2,257 Lot 16 10-33000-160-07 26,649 1.0 $0.1278 $3,405 $2,257 Lot 17 10-33000-170-07 14,355 1.0 $0.1278 $1,834 $2,257 Lot 18 10-33000-180-07 11,693 0.5 $0.1278 $1,494 $1,128 Total 132,466 7.5 $16,926 $16,926 ****Alternate B' Assessment Rate Assessment Parcel Description PIN No. Area Lot /Sq.Ft. /Sq.Ft. /Lot Block 7 Lot 12 110-33000-120-07 18,237 1.0 $0.1659 $3,026 $2,821 Lot 13 10-33000-130-07 13,739 1.0 $0.1659 $2,280 $2,821 Lot 14 10-33000-140-07 12,653 1.0 $0.1659• $2,100 $2,821 Lot 15 10-33000-150-07 16,369 1.0 $0.1659 $2,716 $2,821. Lot 16 10-33000-160-07 26,649 1.0 $0.1659 $4,422 $2,821 Lot 17 10-33000-170-07 14,355 1.0 $0.1659 $2,382 --------------- $2,821 Total --------------------- 102,002 6.0 $16,926 $16,926 Preliminary Assessment Roll ****Alternate C Project 481 ****Alternate D Assessment Rate Assessment Parcel Description ---------------------------------------------------------------------------------------- PIN No. Area Lot /Sq.Ft. /Sq.Ft. /Lot ---------------------------------------------------------------------------------------- Hilltop Estates Block 7 Lot 13 10-33000-130-07 13,739 1.0 $0.2439 $3,350 $4,232 Lot 14 10-33000-140-07 12,653 1.0 $0.2439 $3,086 $4,232 Lot 15 10-33000-150-07 16,369 1.0 $0.2439 $3,992 $4,232 Lot 16 10-33000-160-07 26,649 1.0 $0.2439 $6,499 $4,232 • ---------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- Total 69,410 4.0 $16,926 $16,926 ****Alternate D Assessment Rate Assessment Parcel Description ---------------------------------------------------------------------------------------- PIN No. Area Lot /Sq.Ft. /Sq.Ft. /Lot ---------------------------------------------------------------------------------------- Hilltop Estates Block 7 Lot 14 10-33000-140-07 ,12,653 1..0 $0.3040 $3,847 $5,642 Lot 15 10-33000-150-07 16,369 1.0 $0.3040 $4,977 $5,642 Lot 16 10-33000-160-07 26,649 1.0 $0.3040 $8,102 $5,642 ---------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- Total 55,671 , 3.0 $16,926 $16,926 Agenda Information Memo, October 7, 1986, City Council Meeting Page Sixteen FINAL ASSESSMENT HEARING, PROJECT 451 — TRUNK WATER MAIN C. Continued Final Assessment Hearing for Project 451 (Hampton Heights - Trunk Water Main) --At the September 16 Final Assessment Hearing, verbal objections were presented by Mr. Harry Lemieux and Ms. Judy Lemieux regarding the trunk area water assessments against Parcels 10-01600-010-05 and 10-01600-010-06, respectively. • Subsequent to that hearing, the Public Works Director met with Mr. Lemieux and forwarded the appropriate verification regarding these assessments to Ms. Lemieux. • Subsequently, it is now recommended that the continued final assessment hearing for Project 451 for these two parcels be closed and the original proposed final assessments be reaffirmed, approved and authorized for certification to the County for collection. ACTION TO BE CONSIDERED ON THIS ITEM: To close the final asses- sment hearing for Project 451 (Hampton Heights - Trunk Water Main) for Parcels 10-01600-010-05 and 10-01600-010-06 and authorize the certification to the County for collection. UJ 1.:. ➢.ice' .i� �',. tiri`r: �i ii!' Agenda Information Memo, October 7, 1986, City Council Meeting Page Seventeen PRELIMINARY PLAT FOR SUNPOINTE A. Preliminary Plat for Sunpointe Consisting of 90 Townhouse Units on Approximately 10.5 Acres --This item was considered by the City Council at their September 16, 1986 meeting, and after considering public input and raising questions about the future development of the remaining 44 acres of Eagan Hills West, this item was continued until the October 7 meeting. The city staff was directed to work with the developer and neighbors to discuss the remaining development that will be identified as Outlot A and report back to the City Council. A neighborhood meeting was held on Thursday, October 2, to discuss the Sunpointe Planned Development Agreement for the Eagan Hills • West. The City Planner will submit a report concerning the meeting that will be included in the Additional Information packet on Monday. For additional information on this item, refer to the Planning an(d� Engineering Department report found on pages IiK through For the action taken by the Advisory Planning Commission, refer to the minutes enclosed on pages �y through $ . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat entitled Sunpointe Addition. 37 R CITY OF EAGAN SUBJECT: Preliminary Plat (Sunpointe) APPLICANT: RMC Development & Advance Developers LOCATION: SA Section 20 EXISTING ZONING: (Multiple) within Eagan Hills West P.D. DATE OF PUBLIC HEARING: 26 August, 1986 DATE OF REPORT: 15 August, 1986 REPORTED BY: Planning & Engineering Department • APPLICATION: An application has been submitted requesting a preliminary plat for Sunpointe Townhouses. This plat consists of 90 townhouse units on 10.5 acres on the north side of Diffley Road directly across the road from the existing Southpoint Courtyard Homes. ZONING & LAND USE '`s7 This area of the Eagan Hills West PD is zoned high density or 12+ units per acre. The plat will have an overall density of 8.6 units per acre. The 10.5 acres will be divided into 9 separate lots, 6 containing 12 unit buildings and 3 with 6 unit buildings. The remaining 44.35 acres will become Outlot A. Adjacent land uses include small agricultural parcels to the east and the Rahn Subdivision to the northeast, the Outlot with similar density to the north and west and the Southpoint homes on the south side of Diffley Road. SITE PLAN/BUILDING DETAILS The first phase of development will be serviced from the Sunpointe Circle cul-de-sac. This cul-de-sac will connect to the proposed Beaver Dam Road loop extension. The tear drop island in the cul-de-sac will be landscaped and maintained by an association. This association will also be responsible for snow and trash removal. All building/parking setbacks exceed Code requirements. Attached parking is provided for each unit with additional guest space in front of the garage door. The land is primarily rolling grassland with scattered tree stands. The proposed landscape plan will be similar to that across Diffley Road except that the area along Diffley will have i' an interrupted berm with a variety of plant materials. SUNPOINTE APC - AUGUST 26, 1986 PAGE 2 The proposed buildings will be the same as the Southpoint Courtyard Homes. Over half of those 48 units were sold in the initial seven, weeks of marketing. The low maintenance aluminum siding will come in 3 colors and 3 unit floor plans will be available. These units range in price from the low $60's to high 80's. Amenities include: built in microwaves, oak woodwork, vaulted ceilings, sunken living rooms, main floor laundry areas, private entries, triple glassed windows and redwood decks. Available options include central air conditions with built in humidifiers, fireplaces, water softeners and a security system. GRADING/DRAINAGE: The preliminary grading plan the applicant proposes is feasible and meets all City Codes and requirements. However, the grading will slightly change existing drainage patterns for Pond AP -4 and Pond AP -35. The grading plan proposes to shift S this drainage divide slightly to the northeast, thereby increasing the tributary area to Pond AP -35 by about 2 acres and decreasing the tributary area to Pond AP -4 by the same. This is shown in Figure 1. Staff does not believe this minor change in tributary areas will significantly affect either Pond AP -35 or Pond AP -4. However, neither pond presently has a positive gravity outlet. Both ponds accept runoff from developed areas at the present time. Staff recommends that as a condition of final plat approval the City y Council authorize the trunk storm sewer gravity outlet for Pond AP - 4. Although Pond AP -35 is within 1' of the Comprehensive Plan highwater elevation, there is no property adjacent to it which would be adversely affected if this pond floods for the time being. Staff feels it would be more appropriate for further development to occur in order to determine an alignment for the outlet to the west for ' Pond AP -35. Staff recommends requiring the developer to extend erosion control measures adjacent the entire grading limits that are adjacent to AP - 4. UTILITIES: Utilities of sufficient size, capacity and depth exist adjacent this proposed site to provide the necessary service to this proposed development. - The applicant proposes on extending an 8" water main north along Beaver Dam Road from the existing 18" water main within Diffley Road. Staff does not feel. the County will allow an open cut on Diffley Road to make this connection. Instead, staff recommends that the developer connect to the existing 18" water main at its southeasterly property corner where the trunk water main is located within the boulevard area. In this case, the developer can extend a 6" line to connect to the 6" line he is proposing to extend,from the Art Rahn Addition. At the point where they meet, the line shall be increased to an 8" line and extended westerly to Beaver Dam Road. The applicant proposes on extending the sanitary sewer north along Beaver Dam Road from Diffley Road. The existing sanitary sewer manhole is located near the edge of Diffley Road where the developer t proposes 0 extend Beaver Dam Road to the north. SUNPOINTE APC - AUGUST 26, 1986 PAGE 3 a"4 This development will have a future problem in obtaining sanitary. sewer service to the northwest corner of this development. This area is too low to be serviced from the existing sanitary sewer at Beaver Dam Road. For this area to develop, either a'lateral line will have to be constructed from a trunk line in Jade Lane or Rahn Road, or this corner of the development will ,have to construct their own pumping station. However','this does not affect this particular development. STREETS: This development has access to only one existing street, that being Diffley Road (County Road 30). The preliminary plat proposes to extend Beaver Dam Road north in a "U" -shaped configuration with the other access point being about 740' west. The westerly access is flexible and need not be exactly determined until such time as the remaining area of this development develops. The final location of this westerly access point will require approval from the Dakota County Highway Department. This development proposes to extend Beaver Dam Road as .a 34' (back - of -curb to back -of -curb) width street. However, because of the density proposed and anticipated future high density in this area, staff recommends that the minimum width of this street be 36' face to face. Staff estimates that upon full development, this 60 acres of multi -family residential could generate an average daily traffic volume of about 3,000 vehicles per day. The internal street for this development is a private street. This private street and the private driveways all meet City Code requirements. One of the requirements for this development is that all the private driveways to the buildings shall have concrete curbing, with the private drive having concrete curb and gutter. •RIGHT-OF-WAY/EASEMENTS: The 60' proposed public right-of-way that this development will dedicate for Beaver Dam Road is adequate. This development has provided the necessary right-of-way for Diffley Road in the form of a highway easement. For clarity purposes, this development shall dedicate this right-of-way on the plat. This development shall dedicate a minimum 20' utility easement over the proposed water main and sanitary sewer not located within public right-of-way. This development will also be responsible for dedicatingthe necessary ponding and utility easements for Pond AP -4, along with Pond AP -35, to encompass their respective high water elevations. PERMITS: This development will be responsible for obtaining the necessary permits for the following: 1. Sanitary sewer extension from MPCA. 2. Sanitary sewer extension approval from MWCC. 3. Water main extension from Mn. Dept. of Health. 4. Utility crossing permit from Dakota County. SUNPOINTE APC - AUGUST 26, 1986 PAGE 4 TRAILWAYS: In updating the Master Trail Plan for the City, staff is proposing a trailway along the north side of Diffley Road. Therefore, it will be this development's responsibility for an 8' trailway along Diffley Road. ASSESSMENTS: According to the City's assessment records, the only trunk related assessment this development is responsible for is lateral benefit from trunk water main installed within Diffley Road under Project 64. Staff recommends that this development be responsible for its entire frontage along Diffley Road at one-half the lateral benefit from the trunk water main rate in effect at the time of final platting. The benefit from this trunk water main is related to looping for flow and pressure but not direct service. In these instances, staff recommends assessing one-half the regular rate. The assessable footage this development will be responsible for will be the entire frontage along Diffley Road less the 60' proposed right-of-way and a 150' corner lot credit at the east and west end. This amounts to approximately 1,6801. The total amount of lateral benefit from trunk water main this development will be responsible for will be approximately $9,980. The frontage along Cliff Road associated with Block 1 of this development will be due at the time of final platting either by direct payment or assessed by Waiver. This amounts to approximately $4,135 (696' @ $5.94 per front foot) as shown in Figure 2. All remaining costs associated with developing this property, with the exception of trunk storm sewer, will be the sole responsibility'` of this development. CONDITIONS: SDNPOINTE PRELIMINARY PLAT N `�"' 1. The Council must authorize the construction of a trunk storm sewer outlet to Pond AP -4 prior to final plat approval. 2. The minimum street width shall be 36' for public streets. 3. The internal private street shall have concrete curb and gutter with the internal private drives having concrete curbing. 4. The water main must be connected at the southeast corner of this development. This connection may be made with a 6" main, but where this connection ties into the southerly extension of the 6" main from the Rahn Addition, it shall be increased to an 8" water main for extension westerly'throughout this site. 5. This development is responsible for obtaining the necessary permits or approvals from MPCA, MWCC, MN Department of Health and the Dakota County Highway Department prior to release of plat documents -for recording. 6. This development will be responsible for an 8' bituminous trailway along..the north side of Diffley Road. 7. This development will be responsible for its lateral benefit from trunk water -main at one-half the rate in effect at the time of final platting. 8. This development shall dedicate a minimum 20' width utility easement over-all publicly owned utility lines not located within public.right-of-way. 9. This development shall dedicate the necessary ponding easements for Pond AP -4. and Pond AP -35. 10. This development shall also post the south side of the private drive as: "Eire Lane - No Parking" and restrict parking along Beaver Dam Road at all times. 11. All standard plat conditions shall be adhered to. 12. All trash must be kept in the individual garages until the day of pick up by one collector. 13. The developer be responsible for the maintenance of the cul-de-sac island. 14. A financial guarantee for 'the landscaping ensuring proper install- ation and sizes shall not be released until one full year after completion. q-3 A —0 P. -I 0 PrellMinory P41of of- SUN POINT for: R M. Q Devel'opment, corp. a Advance Developersinc. JEll Q, , Pi 901 I t f 3 ,FF ME� F 32, "ftl R. WINDEN It ASSOCIATES, INC. AA 3 A WE M� 7 ST.PA�-=A �W r B99.B / -.\ I \J_/ 1 995•. WATER 1989. 1 M.YL.I LwJ A.L. MLe ........... PCNC / 6 ' L Q /1 714 —'•OIC 30 a (DIFFLEV ROAD) 1 •`. I M ��`� $_ I .' o Ln W.,,'us. . « I s , I�-ate V pp ..IFS. ��^ I � N{� j1• N Church j p w ¢ I SUN m M CLIFF — — p - THIRD ADDITION Prellminory Site Plan of- SUN POINT Ex DATA I = ` for: R.M.C. Development, Corp. 6 I".a ...II. o. «..,w—c.eaAry•e N 0.4= � nn M Advance Developers, Inc. - I=w•• �r--+R"' 122.vw Taltl . w «.YyN 7AM vol. W. N s• Y.•. M A•IIW`4 RALE I' • W Ld MM .M. • "I 9 C R. WPIDEN i ASSOCIATES, HG I1] Y.pw ti W.b . Iw I.Itl LAro rt��w• nwrcr. x art aml D,� W Nr uod 41. im slro n w . xs r.0 e-..7 %b X8 WA TE x 899.8 x a ......... . —�— I r�� iIT �m•. moi. •��.� i�(� Ro en C i# _ 1 �I I Ut, dt But SCALE: 1--50f 'Nicol Datum - PLOMOL 1929 It Mi Z Pmpmd Cwtow bftrvol .'"T. =Combs tUTAr" EP C:_ -7D Drofts 'FILL! A. '�71 Deralas Envk of..6 or EcION.Iont for Emsiort Doncene Nq 011 Weriel qO. 30 (DIFFLEq ROAD) C'. Church SUN M 2 CLIFF THIRD ADDITION Preliminary Grading. Drainage 61 Erosion Control Plan of: SUN POINT for: R.M.C. Development, Corp. a Advance Developers, Inc. C. R. WINDEN I ASSOCIATES, W— LYO Rally 6e1ViT2 1 0`11 olbVl X8 WA TE x 899.8 x a ......... . —�— I r�� iIT �m•. moi. •��.� i�(� Ro en C i# _ 1 �I I Ut, dt But SCALE: 1--50f 'Nicol Datum - PLOMOL 1929 It Mi Z Pmpmd Cwtow bftrvol .'"T. =Combs tUTAr" EP C:_ -7D Drofts 'FILL! A. '�71 Deralas Envk of..6 or EcION.Iont for Emsiort Doncene Nq 011 Weriel qO. 30 (DIFFLEq ROAD) C'. Church SUN M 2 CLIFF THIRD ADDITION Preliminary Grading. Drainage 61 Erosion Control Plan of: SUN POINT for: R.M.C. Development, Corp. a Advance Developers, Inc. C. R. WINDEN I ASSOCIATES, W— LYO Rally 6e1ViT2 1 0`11 olbVl x899.8 ddd. \ m I u Ro en O[I 01 2-U _ 911 \ cT I jk .xg _ Nil10 B r \ oll UNI TER _ 1 12 -UNI U E.:3 BAJ r �n 9 0�9 - BugaNq J Wenzel .t_ Of{ 30 .j (DIFFLEY ROAD ce CAuccR W xL e e P ,p- •r,.• P a ¢ I SUN W" m CLIFF o THIRD ADDITION Preliminary Utility Layout of- SUN POINT YOT6 for: R.M.C. Development, Corp. 8 N Advance Developers, Inc. SC, E+ 1' • SC C R. MEN l ASSOMATES, W— u tia.ew. auema a m ocml ,T �[%iw. , ua; cwTa [xu ,, 1�. • f� Nir9 SUN POINT L*r 1� to C«l a Ad,.... 16PS" I.. ME SUN POINT C«l a Ad,.... 16PS" I.. -�-77----7— - LA7EY-AL bENEFIT TRUNK WA7Ey-MA114 :I i y •., I I e_. I y Cli B. yGin•• �'•!�_� 'i. / rl I .�5 2 J. Ea., COUN11--i — — — -- — — —7 30lIFFLE ?—ROAD]— t cU., mw Tm 0 A00.T am M fD C. R. WINDEN & ASSOC LUN M�H� 13S MSM $"(IT ST. PAM, 1 50TA slot Le APC Minutes August 26, 1986 7. This development shall be responsible for dedicating a 30 foot utility easement over the sanitary sewer and water main -extended to the southeasterly most corner of this development and a minimum of a 20 foot utility easement over any public utilities not installed within public right-of-way. This development will be required to dedicate a 40 foot drainage easement over the back yards adjacent to the'fNorthern Natural'-. Gas pipeline and a 10 foot drainage easement adjacent to rear lot lines used for drainage swails. This .development will be responsible for providing a 30 foot temporary construction easement along all lots adjacent to Pilot Knob Road north of the Rebecca Lane street extension. 8. This development shall be responsible for the remaining trunk area, street improvements and trailway assessmdnts not covered by the Fairway Hills 1st Addition. This development shall also be responsible for the additional street and trailway assessments for frontage along Pilot Knob Road as a result of the parkland swap at the rates in effect at the time of final platting. 0 9. All standard plan conditions shall be adhered to. 10. This plat shall be reviewed by the Advisory Parks and Recreation Commission and shall be subject to their recommendations. 11. Home buyers shall be notified by the developer or its agents and assigns of the risks of being adjacent to the golf course and gas line in negotiating for lots adjacent to these facilities. �i 12. The Building Inspection Department shall closely. monitor the construction of the dwelling on the corner lot backing to Parkview Golf Course and across by the gas line easement. All voted yea. SUNPOINTE - PRELIMINARY PLAT The next public hearing convened was in regard to Sunpointe Addition by Advance Developers consisting of 90 townhouse units on approximately 10.5 acres located in part of the southwest quarter of Section 20, west of Blackhawk Road, abutting Diffley Road. After the public hearing was convened by Chairperson McCrea, City Planner Runkle described the planned phases of this planned development designated for multiple use. Mr. Robert Carlson was present on behalf of the developer and provided information in regard to the 50 foot buffer between neighboring properties and the description of the units similar to the Southpoint units on the south side of Diffley Road. Mr.'John Willenburg of 4068 Magnetite- Point appeared objecting to the large area of high density in this particular neighborhood. Mr. Dennis Castle of 1835 Jade Lane appeared requesting information in regard to the planned development. He also proposed a phasing for lower density units in the s. _northern part of the parcel and requested that the City consider additional parks and"-trailways. Mr. Randy Raddatz of 4064 Magnetite Point requested Y 5 APC Minutes August 26, 1986 information in regard to owner/occupancy. Mr. Carlson indicated that VA and FRA loans all require owner/occupancy. Mr. Mark Brown of 1849 Kathryn Circle appeared requesting information in regard to the pond elevation on the eastern portion of the parcel, potential assessments and utility extensions. Ms. Leslie Klein of 4060 Magnetite Point appeared objecting to the number of multi -family homes and apartments in the area and the impact on the values of single family homes. Diane Hasselquist .of 1845 Kathryn Circle appeared requesting information regarding assessments. Mr. James Ashworth of 4235 Blackhawk Road expressed concern regard traffic flow. Mrs. Murray Hakala, a Diffley Road resident, appeared requesting information in regard to the buffer to the west of her property. Harrison objected to a piecemeal approach to the development of this portion of the PD. All recommended that a homeowners association be required as a condition' in. addition to the inability to transfer density. There was significant discussion about the problems associated with private tot lots.. Trygg moved, Hall seconded the motion to recommend approval of the preliminary plat, subject to the following conditions: 1. The Council shall authorize the construction of a trunk storm sewer outlet to Pond AP -4 prior to final plat approval. 2. The minimum street width shall be 36 feet for public streets. 3. The internal private street shall have concrete curb and gutter with the internal private drives having concrete curbing. 4. The water main shall be connected at the southeast corner of this development. This connection may be made with a 6 inch main, but where this connection ties into the southerly extension of the 6 inch main from the Rahn Addition, it shall be increased to an 8 inch water main for extension westerly throughout this site. 5. This development shall be responsible for obtaining the necessary permits or approvals from MPCA, MWCC, MN Department of Health and the Dakota County Highway Department prior to release of plat documents for recording. 6. -This development shall be responsible for an 8 foot bituminous trailyay along the north side of Diffley Road. 7. This development shall be responsible for its lateral benefit from trunk water main at one-half the rate in effect at the time of final platting. • 8. This development shall dedicate a minimum 20 foot width utility easement over all publicly owned utility lines not located within public right-of-way. 9. This development shall dedicate the necessary ponding easements for Pond AP -4 and Pond AP -35. 10. This development shall also post the south side of the private drive as: "Fire- Lane - No Parking" and restrict parking along Beaver Dam Road at4 all times. $3 6 ArU CIILLULC� August 26, 1986 i�'oS•j 11. All standard plat conditions shall be adhered to. 12. All trash must be kept in the individual garages until the day of pick up by one collector. 13. The developer shall be responsible for the maintenance of the cul-de- sac island. 14. A financial guarantee for the landscaping ensuring proper installation and sizes shall not be released until one full year after completion. 15. That a homeowners association shall be established in accord with City staff approval. 16. The reduction in density to the City will not be transferable to other portions of the Planned Development. • 17. A 50 foot buffer shall be maintained between the buildings and neighboring parcels. All voted in favor except Wilkins and Harrison who voted no. >� JOHNNY CAKE RIDGE 5TH ADDITION - PRELIMINARY PLAT The last public hearing convened by Chairperson McCrea was the preliminary plat of Johnny Cake Ridge 5th Addition by Good Value Homes, Inc. consisting of 12 townhouse units on approximately 4 acres located in part of the northwest quarter of Section 33, south of Cliff Road and east of Johnny Cake Ridge Road. Dale Runkle introduced the application. Mr. John Petrim of Good Value Homes, Inc. was present to provide information in regard to the development of these three quad units in an area previously not developed by the original developer or Orrin Thompson. Ms. Debbie Tresidder of 4639 Penkwe Way was present and indicated that she had relied upon representations of Orrin Thompson as indicated in a drawing of RidgeCliffe Addition wherein the area proposed was designated as common area. Ms. Barbara Young was present and indicated her reliance upon the same representations and that the units provided a much different style as compared with the existing development. Voracek moved, Harrison seconded the motion to recommend denial of the preliminary plat, based upon the reliance of owners in the development upon representations of the previous developer, the adjacent owners and the City, that the area would be open area. All voted yea. COMPREHENSIVE GUIDE AMENDMENT MEETING At the suggestion of the chairperson, it was recommended that the September Joint Comprehensive Guide meeting be opened to developments to allow discussion of plans for various areae of the City not yet formalized. Harrison moved, Trygg seconded the motion. All voted in favor. 7 Agenda Information Memo, October 7, 1986, City Council Meeting Page Eighteen REVIEW FINAL DRAFT FOR TAX INCREMENT FINANCING GUIDELINES B. Review Final Draft for Tax Increment Financing Guidelines --The Economic Development Commission was given a directive by the City Council this past spring to review a business financing option entitled Tax Increment Financing and determine whether the issuance of TIF bonds should become a useable business financing tool, under cert - conditions, for the City of Eagan. The Economic Development Commission made a study and it was their determination that Tax Increment Financing should be allowed as a business financing tool, however, the City Council should reserve the right to approve or reject projects on a case-by-case ®, basis, taking into consideration certain factors. The City Council received the recommendation of the Economic Development Commission late this spring and asked that 1) A policy statement and list of criteria be prepared to review 'Tax Increment Financing applica- tions and 2) A public hearing be held, moderated by an expert in the field, to allow public testimony, questions by City Council and Economic Development Commission and the ability to use this input for final review and preparation of the guidelines. The Economic Development Commission completed their policy and criteria guidelines this summer and a copy of that document was submitted to the City Council with the September 16 packet, for review purposes. With one modification, the guideline packet is being presented for consideration. That modification is the addition of a factor that Tax Increment Financing may be considered if it is a proven fact to the City of Eagan that the business under consideration for special financing could locate in other areas of the country. The specific language is being drafted and will be provided as a part of the Administrative Agenda on October 6. Practically speaking, with the new tax legislation, Tax Increment Financing has been severely regulated. In order to consider a non -housing related Tax Increment Financing project, a development district of no less then 100 acres must be .created as the first criteria. There are additional restrictions included in the recent legislation that will severely restrict the use of TIF to a limited number of projects. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the Tax Increment Financing guidelines as prepared and recommended by the Economic Development Commission. Agenda Information Memo, October 7, 1986, City Council Meeting Page Nineteen PROJECT 419, FINAL ASSESSMENT REVIEW C. Project 419, Review Final Assessment (Slaters Acres) --On September 16, the Final Assessment Hearing was held for the installation of streets and utilities servicing Slaters Acres, Norvin Oaks and adjacent unplatted parcels. As a result of that hearing, several written objections were received resulting in the Council's consideration to reduce the assessments by applying • several credits to be paid for by various City trunk funds resulting in the revised final assessment figure approximating the es'imtate contained in the Feasibility Report presented at the original public hearing. However, these reductions were subject to receipt of a written Waiver of Objection from those objecting property owners. Enclosed on pages 458 is a letter sent by staff informing those written objectors of this condition. As of the October 1 deadline, only 6 of the 13 objectioners have removed their written objections through submission of the requested waiver. In addition, Jim and Barb Schmitt will not remove their written objection due to a recently discovered and previously undiscussed objection. Enclosed'on page Jr is a map showing the relation- ship of the installation of ut-ilities within this area and the assessable footage associated with Parcel 013-51 immediately adjacent to and south of Lot 8 (Jim and Barb Schmitt). It appears that the Schmitts had purchased Parcel 013-51 with Lot 8 approximately 10 years ago but never had the title transferred in their name. Enclosed on page &Q is an overlay showing the relationship of the house to these two parcels. Because the County records do not reflect the Schmitt's ownership of this small triangular parcel south of Lot 8, they were not aware of the proposed assessments of approximately $8,800 for its respective 140 feet of frontage. The Public Works Director and the Schmitts will further explain their objections to this additional assessment at the October 7 meeting. Three options to the Schmitt's objection are as follows: 1) Direct the staff to revise the final assessment roll to respread these related costs equitably over all other properties. 2) Delete the front footage portion assessment from the approved assessment roll with the cost to be funded by the City trunk fund. 56 Agenda Information Memo, October 7, 1986, City Council Meeting Page Twenty 3) Reaffirm the original assessment roll and continue the final hearing based on written objections. The Public Works Director and City Attorney will provide Council additional background associated with the various alternatives presented on this item and the outstanding objections of the other property owners to the overall assessment roll. ACTION TO BE CONSIDERED ON THIS ITEM: Review the objections to Othe final assessment roll for Project 419 (Slaters Acres) and approve/continue/modify the roll accordingly. 564 ._. 1.��li ..+:.et�S�::.i:1:Yr:P� i�..: �'1C i'.� Fn Y. -YS .•^ J �' 4 .:i" ? �-�._.P� 1 _l�N•.�r � _ tF LcItRoFagpian 3830 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE- (612) 454-8100 September 22, 1986 CERTIFIED MAIL Re: Project 419, Slaters, Acres (Streets and Utilities) Final Assessment Objections Consent to Special Assessments Dear Property Owner: BEA BLOMQUIST Mo r THOMAS EGAN MMES A SMITH MC ELLISON THEODORE WACHTER Council Members THOMAS HEDGES CIN P Jminlslralor EUGENE VAN OVERBEKE Cory Cler, On September 16, 1986, during the public hearing for the adoption of final assessments associated with the installation of improvements under the above referenced project, Mr. William J. Kuhlmeyer, acting on behalf of the Homeowner's Association, submitted the enclosed written objection to the proposed assessments. During that public hearing, the City Council recognized the cost overrun of the final assessment amount as compared to the original estimates contained in the feasibility report presented at the public hearing held December 18, 1984. In response to Council's direction, the staff reviewed and researched these cost overruns in detail and presented the enclosed proposed credits to the final assessment amounts which were subsequently approved in consideration of adopting the final assessment roll. However, the Council's action to approve these credits reducing the amount of the assessments is subject to each property owner removing their written objection and accepting this reduced final assessment amount. 'Therefore, I am requesting you to sign the enclosed Consent to Special Assessments form that was prepared by our City Attorney's office to allow these assessments to be certified to the County. Due to the County's deadline of October 15 for receiving any payments, certifications, etc., of special assessments to be recorded on the property tax statements payable in 1987, it was necessary that the Council approve the assessment roll on September 16 in order to meet that deadline. Any continuation Would result' in accruing additional construction financing charges and/or annual interest installments against these assessments resulting in higher costs to.the property owner,. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY SEPTEMBER 22, 1986 PAGE TWO Therefore,, due to the Council's action to reduce these assessments to the approximate amount originally approved at the final assessment hearing, I would request that you execute the enclosed form and return. it to my attention no later than October 1, 1986. If it is not received by that time, the City will have to remove your parcel from the final assessment roll being certified to the County and continue it to a later date resulting in additional costs of the amount to be spread as a special assessment. We sincerely regret any concerns or problems created by the cost overruns and hope that the Council's action to reduce these assessments and the finished product meet with your satisfaction. I will anxiously await your execution of the enclosed statement and receipt of same by October 1. If you have any questions regarding this request, please contact either myself or City Attorney, Paul Hauge, at 456-9000. Sincerely, Thomas A. Colbert Director of Public Works Attachment cc: Paul Hauge, City Attorney TAC/cks • OAX EXISTING CL/F '1J� SAN. SEWER i l � 14 J� �\ SAN. SEW 040-55 13 O 2 3 l ^ :yam 4 \I 10 5 I —__ SLA ERS 6 1 -� 030-55 9 7 �I PON D� 012-51 = 010-5s i A -34 N e _ c— Q 013-51' 4 / J N N �> 2 W 3 OAKS STORLAND ROAD LEGE N D- ASSESSMENT AREA PER- LOT ®® ASSESSMENT AREA PER FRONT FOOT 1111111111 0 100 200 300' 400' Scale in Feet BONESTROO, ROSENE, ANDERLIK SLATERS ACRES' a ASSOCIATES, INC. Consulting Engineers SANITARY SEWER St. Paul, Minn. _ cily: PROJECT NO. 41.9 rCete: omm. 49323 EAGAN , MN. ,y a0L � ry — - ..!•.'R � a./w.yYiJ 1-_'.'r' Tye—r''Ywy`��frrra x �� ... �` 105_ -------------- �_ _ - �`_frYt.+in�.. ,r ';,"t•,'�ie+,ra •;.•dy -_r,.,.,_ I10 n 1 .�r'�•uac"'R�L'yx^a�. - A• (R CerNcyl� f f SCAT. }baps i (�y A NGF N 0 �• ry 8 ,c `• ,f O��i (' C R� rL 4 D . . � Q Ve rvi UGC �) - -. � p °• ' �•`�o' - oa MOQ/J I J - P R ^ D G A 4 L A A S o tj ff N 1 G r 7' `�'. Dt5? q 0 Icy �.. ,/ QQ d �.� a. Agenda Information Memo, October 7, 1986, City Council Meeting Page Twenty -One PROJECT 433, LEXINGTON SQUARE 2ND ADDITION CONTINUED FINAL ASSESSMENT HEARINGS D. Project 433, Parcel 10-02300-010-01, Withdrawal of Objections to Final Assessment (Lexington Square 2nd Addition) --At the final assessment hearing of September 16 for the installation of trunk area sanitary and storm sewer, Mr. Chuck Hall, representing Parcel 10-02300-010-01 submitted a written objection subject to additional information being provided by staff. Subsequent to that hearing and written objection, the staff provided Mr. Hall with the informa- tion to his satisfaction to the extent that he has now withdrawn his written objection. It is now appropriate to close the continued public hearing for this parcel and approve the final assessments as originally presented. • ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing for Parcel 10-02300-010-01 under Project 433 (Lexington Square 2nd Addition), approve the final assessment roll and authorize its certification to the County for collection. • Agenda Information Memo, October 7, 1986, City Council Meeting Page Twenty -Two PRELIMINARY PLAT/BLACKHAWK ACRES 2ND ADDITION A. Preliminary Plat for Blackhawk Acres 2nd ADdition Consisting of 32 Townhouse Units --A public hearing was originally held on July 29, to consider a preliminary plat application for 32 townhouse units on 6 acres on Lots 7 - 12, identified as Blackhawk Acres Addition. The APC recommended a continuance to the August 26 meeting, and again to their September 23, 1986 meeting. At the last APC meeting, action was taken to recommend approval of the preliminary plat to the City Council. For a copy of the Planning and Engineering Department report, refer to pages � throughFor a copy of the Advisory Parks and Recreation Commis s on action, refer to page A_. • For a copy of the action taken by the Advisory Planning Commission, refer to page (s) 7J- ]Cj . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat for Blackhawk Acres 2nd Addition as presented. (P Y 0 ,ti>if •a KC`.,; ,�.� MEMO TO: PAM MC CREA, CHAIRPERSON & THE ADVISORY PLANNING COMMISSION FROM: PLANNING DEPT DATE: AUGUST 21, 1986 SUBJECT: BLACKHAWK ACRES 2ND ADDITION At the July 31, 1986 Advisory Planning Commission meeting the Blackhawk Acres: 2nd Addition, consisting of 32 townhouse units along. Robin Lane just west of Blackhawk Road, was continued in order for -staff to research the previously approved plan on that site and for the applicant to provide more site plan information.. The previous plat was approved in 1983. The site plan and the • City Council minutes have been attached so that they can be compared to the proposed project,. There was, also concern pertaining to the site line from the proposed townhouses to the existing homes to the east. A cross section through this area has been included for your review. A neighborhood meeting held on August 13 was attended by 12 ,people and the cross section helped answer questions about site lines and tree preservation. The Advisory Parks & Recreation Commission reviewed the plat at the August 7th meeting and recommended a smaller (1/2) tot lot on both sides of Robin Lane as opposed' to a:single full size play area. ' NOTE • MEMO TO: PAM MC CREA, CHAIRPERSON & THE ADVISORY PLANNING COMMISSION FROM: PLANNING DEPARTMENT DATE: SEPTEMBER 15, 1986 SUBJECT: BLACKHAWK ACRES 2ND ADDITION At the August 26th Advisory Planning Commission meeting, this item was continued so the :minutes from the June 28,.1983 APC meeting could be reviewed in"detail. These minutes and the City Council minutes have been attached with the previous staff report. (,,13 CITY OF EAGAN SUBJECT: PRELIMINARY PLAT (REPLAT) BLACKHAWK ACRES 2ND ADDITION; APPLICANT: LES DUOOS LOCATION: LOTS 7, 8, 9, 10, 11, 12 BLACKHAWK ACRES SE 1/4 SEC 17) EXISTING ZONING: R-3 DATE OF PUBLIC HEARING: JULY 29, 1986 DATE OF REPORT: JULY 21, 1986 REPORTED BY: PLANNING & ENGINEERING APPLICATION: An application has been submitted requesting a preliminary plat for 32 town house units, on 6 acres on Lots 7-12, Blackhawk Acres Addition in Section 17. The site is zoned R-3 and the Comprehensive Guide Plan also designates this parcel R-3. ZONING & LAND USE: The Townview 1st Addition town homes are to the east and south of this site. Single family homes in Blackhawk Acres are to the east and an R-4district is to the north. The 32 units give the project an overall density of 5.3 units/acre. Code allows 6-12 units/acre in R-3 districts. All proposed buildings and parking areas meet City setback requirements. The William Brothers Pipeline easement crosses the site in a SW to NE manner. No building is proposed in this area but grading has been indicated and permission will be required to do so. City approval of grading and retaining wall construction in a sanitary sewer easement will also be necessary. SITE PLANNING/LANDSCAP,ING: This project will be built in two phases. Phase One will consist of 16 units (3 clusters) east of Robin Ln. and will be serviced by three separate entry drives. Entry drives in Phase Two match these and the circulation should work nicely. All units will have Robin Ln. addresses. All units have two bedrooms, optional fireplaces and laundry facilities and double car garages. Two additional parking, spaces will be designated in front of the garages for guest parking. No other parking is provided. The exterior will have gabled roofs with horizontal lap siding and a brick base detail. Since this project will have an association, all trash will be picked up once a week and until that day must be kept in the individual's garage. A landscape architect has been retained for this ,project and has expressed a desire to save as many trees as the grading permits. Special care will be 'needed for two large oaks on the north and south sides of Building Unit 3 in the lst phase. Fencing at the drip line of these trees should be noted on the grading plan. An additional detailed planting plan consistent with City standards will be required prior to final plat submission. This plan must be on a grading plan to ensure proper landscaping on 2:1, 3:1 slopes and the retaining wall areas.�� BLACKHAWK ACRES 2ND ADD PAGE 2 GRADING/DRAINAGE: The grading plan the developer eumbitted is feasible and in accordance with City standards, with theexception of the grading on the south end of the development. Staff recommends the developer extend the retaining walls westerly until he can achieve a 3:1 slope. An alternative to this, although not as desirable, would be for the developer to provide•a low maintenance ground cover in the areas that, -have greater_ than 3:1 slopes. In no case shall the slopes be greater than 2,:1. According to Soils Conservation Service estimates of the type of soil located in this area, the soil does have a moderate tolerance to erosion. However, due to the steep slopes, staff recommends that the developer restore all disturbed areas as quickly as possible to control erosion. In addition, the developer will be responsible for ma-intaining the proper erosion control measures and removing whatever sediment does erode onto Robin Lane. Because Robin Lane is located within the bottom of the deep ravine which is characteristic of this site, the drainage both north and ® south of Robin Lane is generally towards. Robin Lane. The surface drainage is collected by storm sewer and deposited into Pond AP -27. Pond AP -27 is located just northwest of this development. Figure 1 illustrates the relationship with Pond AP -27 to this development and major drainage district. Pond AP -27 does have a positive gravity outlet all the. way to the Minnesota River Valley. As a result, this development will not require the City to modify or extend any trunk storm sewer. The proposed grading does show some encroachment onto the Northern Natural Gas line easement. Staff recommends requiring the developer to -obtain a permit from Northern Natural Gas Company to encroach upon their easement with -their grading. UTILITIES: Utilities of sufficient size, depth and capacity exist within Robin Lane to service this proposed development. In addition, with Robin Lane upgrading, the City extended sewer and water services both east and west along Robin Lane. Staff recommends revising the developer's utility plan to include adding three hydrant leads and two hydrants. The distance from the existing hydrant east of Robin Lane to the northwest corner of Lot 1, Block 2, is approximately 250:'. To pro.vide better fire protection, staff recommends removing this hydrant and constructing a 6" hydrant lead to just south of the south entrance way to Block 3. Staff also recommends extending a 6" hydrant lead north from where the existing hydrant is to the east corner of the "T" intersection of the north driveway to Block 3 with the driveway to Block 2. Also, staff recommends adding a hydrant and 6" hydrant lead just north of the driveway to Block 4. The water services to Blocks 2, 3 and 4 can be taken from the- newly constructed hydrant leads.. The proposed sanitary sewer services will require cleanouts spaced no further than 100' apart and at the end of each service line. STREETS/CIRCULATION: Robin Lane is an existing City street built to its ultimate design section. This development proposes to connect to Robin Lane with several private driveways. All private drives meet City Code with respect to ma-intaining 10% or less grade. BLACKHAWK ACRES 2ND ADD PAGE 3 Staff would recommend that the developer maintain a maximum 4% grade for one car length (20') to provide for a relatively flat landing area for the traffic to wait until they can gain access onto Robin Lane. It appears the developer can accomplish this at all the driveways except for the driveway for Lot 6. In order to maintain a 4% grade or less to Robin Lane from Lot 6, the developer will have to construct his, driveway so that it lines up across the common driveway to Block 2 and 3. This will require permission from Northern Natural Gas Company. The building of the driveway over this easement should not cause any excessive fills or grading that would cause a problem for Northern Natural Gas Company. RIGHT-OF-WAY/EASEMENTS: This developer shall dedicate s 60' right- of-way for Robin Lane on the final plat. Right-of-way presently exists by way of easement dedicated to the. City by the previous owner. This development shall dedicate a_20' utility easement over the hydrant leads. This development shall also be responsible for •dedicating the additional standard drainage and utility easements that the Code requires. PERMITS: The only permit this development will be required to obtain is permission from Northern Natural Gas to encroach on their pipeline easement. ASSESSMENTS: All trunk area assessments have been levied over Lots 7 - 12 of the Blackhawk Acres Addition. 6P • • BLACKHAWK ACRES 2nd ADD PAGE 4 CONDITIONS: 1. This development shall obtain a permit from Northern Natural Gas Company to encroach within their easement for both grading and a permanent driveway prior to final plat approval for that particular phase. 2. This development shall construct the appropriate hydrant leads as referenced within the engineering report. 3. The private driveway shall have a maximum 4% grade for 20' from the curb line of Robin Lane with the remainder of the driveway grade not to exceed 10%. 4. This development shall dedicate a full 60' right-of-way for • Robin Lane that is not previously dedicated under the Blackhawk Acres Addition. 5. This development shall dedicate a minimum 20' utility easement over the hydrant leads. 6. This development shall comply with all general engineering conditions which apply. 7. This development shall be responsible for all costs associated with developing this property. 8. Any drainage and utility lot line easements on the Blackhawk Acres Addition not being used in the Blackhawk Acres 2nd Addition shall be vacated prior to final plat approval. 9. All standard plat conditions shall be adhered to. • 10. This plat shall be subject to a cash parks dedication fee. 11. A tot lot shall be provided and the plans reviewed/approved by the City's Park Planner. 12. All trash must be kept in the individual garages until the day of pick up by one collector. • O r/ nl 71. °'i"nvin alai. � i 1 4 I 'IIS )Y/Y IdiH e�p'•Ipl u,ea ` Y• O 0 �$} IIIIIJI/ v M)wII)y /yyy Y)!rY 0 0 1 i Preliminary Plot of x:I - I BLACKHAWK ACRES ' I •••''- _ _ __ , ,, I 2ND ADDITION v \ {27 S•_�_-: > •-� �',{n'i.l �rInnds 1 �, � ` 1 �' f. C a_ _. -rte- - --`+" � I �1 I '.`-:. j � � �• 1€ �; i Ig I t I 55 S•_�_-: > •-� �',{n'i.l �rInnds 1 �, � ` 1 �' f. C a_ _. -rte- - --`+" � I �1 I '.`-:. j � � �• 1€ �; i \1r1-kk � VLOrORM SEWER .,MASTER PLAN FIG. 1 approved: standard plate #: APC Minutes June 28, 1983 3• The provisions of the Lexington South Planned Development Agreement shall be complied with in all respects as a part of the approval of this preliminary plat. 4. The preliminary plat shall be approved by the Dakota County Plat Commission prior to the filing of the final plat. 5. The area to be dedicated for park shall be included in the plat and platted as an outlot. .6.. The City Council shall determine if Lot 1, Block 2, should be purchased by the City for a potential fire station location and if such a site is acquired or proposed that an adequate sign be installed that a fire station may be considered. 7• All other applicable ordinances shall be met including the normal setbacks for buildings in accordance with an R-2 (Residential Double) District. • 8. A homeowners association including articles of declarations shall be a condition of final plat approval. 10. Subject to engineering recommendations for this phase. 11. Landscaping plans shall be submitted and approved at the time each building permit application is submitted. 12. A trail shall be installed at the developer's expense along Dodd Road and Wilderness Run Road according to City standards. i All members voted in favor. BLACRHAWB ACRES PRELIMINARY PLAT AND REZONING The public hearing regarding the application of Mr. and Mrs. Herbert • _, Bergstrom, Jr., to rezone from R-4, Residential to R-3 covering three acres and for preliminary plat approval of a 5.5 acre parcel containing 25 townhouse units located on Lots 7 through 12, Blackhawk Acres, was next convened. Mr. Bergstrom and Brad Swenson, surveyor, were present for the applicant. Mr. Runkle stated that Lots 7 through 12, except Lot 11, ,was zoned to R-6 (now R- 4) classifications in 1969 with Lot 11 zoned to R-6 in 1971. He also stated that a. neighborhood meeting had been held with the developer and an attempt _ had been made to explain the proposal and also certain modifications had been made. These include the units along the east lot adjacent to the R-1 homes with the distance now 40-45 feet to each of the proposed buildings. Per Dahlstram, architect, also appeared and showed the proposed designs for the .- - buildings indicating that the expected price range would be $90,000 to $95,000 per unit. In addition, Mr. Swenson showed a profile indicating the top of each unit would be eight feet below the ground level site distance from the residential homes. A group of neighboring property owners appeared and one stated that the view was no longer an objection. There were concerns about maintaining the oak tree which will be retained in the development according p. 2 i -.I' APC Minutes June 28, 1983 - to Mr. Swenson. Ken Hassler, a neighbor, questioned whether there would be benefit to entitle assessment for Robin Lane against his lot and there were also questions about whether notice had been distributed for the Metram apartment project. One neighbor requested buffering in the area including natural vegetation and Mr.. Swenson stated that there would be vegetation retained to as great an extent as possible.. There were also questions as to whether the value would be kept up and whether the developer would commit itself to the City as to the price range and the quality of the units. The grade of the road would be between eight to nine percent, but there is no alternate according to Mr. Colbert because of the contours, and further the City cannot build beyond the right-of-way limits. There were strong concerns among Planning Commission members that the conditions be enforced within the project and Chairman Hall stated that a commitment could be made by the developer as to the price range. Krob moved, Hall seconded a motion, to recommend approval of the application to rezone the entire 5.5 acres from R-4 to R-3• "All voted in favor. Krob then moved, Wold seconded the motion to recommend approval of the • preliminary plat application subject to the following conditions: 1. A development agreement shall be entered into between the City and the applicant prior to final plat. 2. The townhouse association and the articles, bylaws, and restrictions shall be reviewed by City staff prior to final plat. 3• A detailed landscape plan shall be submitted and an adquate landscape bond shall be required and not released until one year after the landscaping has been completed, including the landscaping along the east boundary bordering the single family homes and also that the oak tree on the site be preserved; further, that the neighbors will review the landscape plan when it has been completed. 4. The parking areas shall be blacktop surface and concrete curbing shall be provided around the perimeter of the parking area. 5. Robin Lane shall be upgraded with this development proposal. 6. All easements shall be dedicated as requested by City staff. 7. The owners and developers will commit themselves to the construction of units with a present day minimum value of $90,000. 8. A detailed erosion control/grading plan shall be approved by staff prior to final plat approval. 9. A variance shall be granted for the south private drive to exceed the 8% maximum grade if the grade cannot be flattened once the final grade for Robin Lane has been established. 10. If installed privately, utilities and street plans and specifica- 3 .. APC Minutes June 28, 1983 ftions shall be prepared by a registered engineer and submitted for approval by I staff. 11. The proposed private drives shall be 24 feet wide with concrete curbing and bituminous surfacing. 12. The parking stalls shall be according to City Code. 13. Access to Lots 1 and 2, Blocks 4 and 5, shall be removed from Robin Lane and directed to the internal private drive, but such access shall be reviewed by the staff. 14. The permanent and temporary easement right-of-way for the realignment portion of Robin Lane which previously has not been dedicated shall be dedicated as a part of the final plat and shall be 60 feet wide. 15. Site distance drawings shall be included with the development agree- ment to reflect the site distances. All members voted in favor. • ?3 -�,•��� �u+uces July 5, 1983 BLACRBA`dC ACRES - REZONriG AND PRELLYIHARY PLAT C{,49i The application of Mr. Herbert Bergstrom for rezoning from R-4 to R-3 of 5.5 acres and replat of Blackhawk Acres was next brought before the Council. Mr. Bergstrom was present as was Brad Swenson, Engineer. The Planning Commis- sion, at its meeting on June 28, 1983 recommended approval subject to certain stipulations. Mr. Swenson explained there was a problem with development because of several easements including the easement granted to the City for the storm sewer outlet from Blackhawk Lake. The plan is to down -zone the property from R-4 to 8-3. Neighbors to the east who appeared at the Planning Commission meeting expressed concerns about elevation, preservation of large oak trees and other issues. He also stated that the easement for roadway has eliminated the development on a portion of the property and that the developer has now shifted the design and moved the buildings further from the single family dwellings to the east. The request was to rezone the entire site. Mr. Bergstrom stated that the developer cannot guarantee a minimum $90,000.00 value for each unit because no specific builder has been acquired at the present time. Thomas moved, Egan seconded the motion to approve the applica- tion for rezoning from R-4 to R-3. All voted in favor. Egan moved, 'Wt chter seconded the motion to approve the application for preliminary plat with the following conditions: 1. A development agreement shall be entered into between the City and the applicant prior to final plat approval. 2. The townhouse association including the articles, bylaws, and re- strictions shall be reviewed by City staff prior to final plat. 3. A detailed landscape plan shall be submitted and an adquote landscape bond shall be required and not released until one year after the landscaoing has been completed, including the landscaping along the east boundary border- ing the single family homes and also the oak tree on the site shall be pre- served; further, that the neighbors will review the landscape plan when it has been completed. 4. The parking areas shall be blacktop surface and concrete curbing shall be provided around the perimeter of the parking area. 5. Robin Lane shall be upgraded with this development proposal. 6. All easements shall be dedicated as requested by City staff. 7. A detailed erosion control/grading plan shall be approved by staff prior to final plat approval. 8. A variance shall be granted for the south private drive to exceed the 8% maximum grade if the grade cannot be flattened when the final grade for Robin Lane has been established. 9. If installed privately, utilities and street plans and specifica- tions shall be prepared by a registered engineer and submitted for approval by staff. % • • • • 10. The proposed private drives shall be 24 feet wide with concrete curbing and bituminous surfacing. _ 11. The parking stalls shall be constructed according to City Code. 12. Access to Lots 1 and 2, Blocks 4 and 5, shall be removed from Robin Lane and directed to the internal private drive, but such access shall be reviewed by the staff. 13. The permanent and temporary easement right-of-way for the realign- ment portion of Robin Lane which previously has not been dedicated shall be dedicated as a part of the final plat and shall be 60 feet wide. •14. Site distance. drawings shall be included with the development agree- ment to reflect the site distances. All voted yes. R 83-43 SEE PLAT FILE MENOOTO: TOM HEDGES, CITY ADMINISTRATOR 4M : KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: AUGUST 13, 1986 RE: ADVISORY PARKS AND RECREATION COMMISSION/BLACKHAWK ACRES At the August 7th meeting, the Advisory Commission reviewed the proposed preliminary plat for Blackhawk Acres- Second Addition. The developer and. engineer for this preliminary plat were present at the Commission meeting. At • issue was: discussion for the necessity for a tot -lot for this thirty-two (32) unit development, which is separated by Robin Lane. The developer presented an alternative approach to providing recreational amenities for children within the development, and after reviewal by the Advisory Commission, the Commission has recommended to the City Council that: (A) a cash dedication requirement be made as a condition of plat approval. (B) the equivalent of one-half tot -lot be installed on each side of Robin Lane. The developer was instructed to work with Staff concerning the exact location and requirements of this tot -lot, which were agreed upon by the developer. KV/bls cc: Julie Dykstra, Planning Aide Paul Hauge, City Attorney MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA SEPTEMBER 23, 1986 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, September 23, 1986 at 7:00 p.m. at the Eagan Municipal Center. Present were Chairperson McCrea, Members Trygg, Hall, Harrison, Wilkins, Mulrooney and Bohne. Absent was Voracek. Also present were City Planner Dale Runkle, Assistant City Engineer Richard Hefti, and Assistant City Attorney Dave Keller. AGENDA It was noted that the applicants for Brittany 10th Addition had requested that their application be continued. Upon motion by Harrison, seconded by • Trygg, the Agenda was adopted with the deletion of the application of Brittany 10th Addition. All voted yes. MINUTES Trygg moved, Wilkins seconded the motion to recommend approval of the minutes of August 26, 1986 with the following revisions: Page 6 shall be revised to indicate that Hall recommended that a homeowners association be required for Sunpointe Addition; and on page 8, that the recommendation in regard to Sunpointe was that the Advisory Park Commission and the Advisory Planning Commission review the future phases. All voted in favor. BLACKHAWK ACRES 2ND ADDITION - PRELIMINARY PLAT Chairperson McCrea then called the first public hearing of the evening • regarding the application for preliminary plat of Blackhawk Acres 2nd Addition, consisting of 32 townhouse units along Robin Lane, just west of Blackhawk Road. City Planner Runkle introduced the proposal, indicating that it had been continued from the previous Planning Commission meeting in order for staff to provide copies of the 1983 APC minutes regarding the development of this same parcel of property. Mr. Les Duoos, the applicant, was present to address questions raised at a previous meeting, and indicated that the property had been previously zoned R-4 prior to the 1983 application for townhouse use. He also stated that the surrounding use of the property, including R-4 to the north, and townhouses to the west and south, created a market for townhomes in the $65,000.00 to $70,000.00 price range. Mr. Robert Saleck, a neighboring single family homeowner, objected to the comparables used in the market analysis and suggested that there are too many townhoues in Eagan. 77 1 September 23, 1986 Mr. George Thompson, also a single family homeowner along Blackhawk Road, indicated that the proposed development would be screened from his home during the months when leaves were present on the trees, but that he would have a direct view of the townhomes during the winter months. Mr. Herb Bergstrom, the prior owner and President of Townview Homeowners Association, stated that the property had been previously zoned R-4 and that the previous application in 1983 was an effort to cooperate with the City to provide townhome use, rather than apartments. He argued that the previous developer did not promise higher value townhomes, and was no longer involved in this project. Trygg moved, Wilkins seconded the motion to recommend approval of the preliminary plat of Blackhawk Acres 2nd Addition, consisting of 32 townhouse units, subject to the following conditions: 1. This development shall obtain a permit from Northern Natural Gas Company to encroach within their easement for both grading and a permanent driveway prior to final plat approval for that particular phase. 2. This development shall construct the appropriate hydrant leads as • referenced within the engineering report. 3. The private driveway shall have a maximum 4% grade for 20 feet from the curb line of Robin Lane with the remainder of the driveway grade not to exceed 10%. 4. This development shall dedicate a full 60 foot right-of-way for Robin Lane that is not previously dedicated under the Blackhawk Acres Addition. 5. This development shall dedicate a minimum 20 foot utility easement over the hydrant leads. 6. This development shall comply with all general engineering conditions which apply. 7. This development shall be responsible for all costs associated with developing this property. • 8. Any drainage and utility lot line easements on the Blackhawk Acres Addition not being used in the Blackhawk Acre 2nd Addition shall be vacated prior to final plat approval. 9. All standard plat conditions shall be adhered to. 10. This plat shall be subject to a cash parks dedication fee. 11. A tot lot shall be provided and the plans 'reviewed and approved by the City's Park Planner. 12. All trash must be kept in the individual garages until the day of pick up by one collector. a 2 APC Minutes September 23, 1986 13. A homeowners association created through a proper declaration, articles of incorporation and by-laws, reviewable by the City Attorney, shall be required. Those in favor were Trygg, McCrea, Wilkins, Mulrooney and Bohne; those against were Hall and Harrison. Members Hall and Harrison indicated they voted nay based upon the use being increased from 25 to 32 units. Chairperson McCrea advised the applicant that the matter would be heard by the City Council on October 7, 1986. LEXINGTON HILLS FIRST ADDITION - PRELIMINARY PLAT The next public hearing convened by Chairperson McCrea was in regard to the application of H 6 Z Partners for preliminary plat of Lexington Hills First Addition consisting of 168 apartment units on approximately 16.3 acres in part of the southwest quarter of Section 23, and the northeast quadrant of • Lexington Avenue and Diffley Road. Mr. Runkle introduced the application, indicating that it had been continued from the last Advisory Planning Commission meeting because required exhibits had not been available, in addition to proper notification for the public hearing. He further described the topography of the area which would be 168 units on actually a 10.3 acre parcel, with the balance of the parcel left as green space. A developer had added: a brick facia to the ends of the units pursuant to staff requests. Mr. Runkle explained that there had been a trade of densities with other parcels to the north, owned by Lexington South, Inc., which had been changed to single family. Mr. Jim Curry was present on behalf of the applicant and advised the Commission as to the 1 1/2 hour neighborhood meeting held with neighboring landowners. He also indicated who the principal parties were in the H b Z Partnership. Mr. Curry indicated that the 1976 Planned Development Agreement provided for 1,800 units on three parcels, including two to the north of the proposed development. It was his interpretation that now only 709 units were being utilized with an EIS having been done in 1978 anticipating the 1,800 units. He also indicated that the apartments would not be subsidized and • would be of average quality in rent, comparable to other apartments in the Burnsville, Apple Valley and Eagan areas,. Luella Siedschlag of 4040 Lexington Avenue appeared and indicated that the 168 units were actually being built upon 9 acres and expressed concern about the use of the balance of the 16 acre parcel. Mr. Eric Spring of 4065 Lexington Avenue South stated that two dozen accidents had occurred on Lexington Avenue since its revised construction and that two accidents had actually occurred since the last meeting. At the request of.the commission, Rich Hefti indicated that the southbound lane of Lexington Avenue had been super -elevated by the County due to the fact that several accidents had occurred on this stretch of County road, and was not sure what action the County intended to take as a result of the numerous accidents. It was pointed out that the staff report did not address the safety .issue. It was anticipated that the portion of Lexington Avenue north of the area would be upgraded in 1988. Mr. Spring suggested that a turn lane should be planned for the complex and that a metropolitan view was being under-utilized. Mr. Lee Anderson, who was purchasing property at 4045 Lexington Avenue, advised the Commission that in June, a car caused $2,000.00 damage to the property he was Agenda Information Memo, October 7, 1986, City Council Meeting Page Twenty -Three PRELIMINARY PLAT/LEXINGTON HILLS FIRST ADDITION B. Preliminary Plat for Lexington Hills First Addition Consisting of 168 Apartment Units on Approximately 16.3 Acres --A public hearing was held at the September 23, 1986 APC meeting, to consider an application that was submitted by H & Z Partners, requesting a preliminary plat consisting of 168 apartments on 16.3 acres in the Lexington South P.D. The Advisory Planning Commission is recommending approval of this project. For additional information, refer to the Planning and Engineering Department report found on pages 9/ through. ® Also enclosed on ,page (,81j /00 is a copy of the recommendation of the Advisory Parks and Recreation Commission. Action taken by the APC on this item is found on page(s) 101-/03. ACTION NO BE CONSIDERED ON THIS ITEM:, To approve or deny the. preliminary plat entitled Lexington Hills First Addition as presented. Special Note: Also enclosed on pages /01 through /409'.0are two maps of the area and an artist's rendering of the apartments. I MEMO TO: CHAIRPERSON PAM MC CREA AND THE ADVISORY PLANNING COMMISSION FROM: PLANNING AND ENGINEERING DEPARTMENTS DATE: SEPTEMBER 16, 1986 SUBJECT: LEXINGTON HILLS FIRST ADDITION In mid August, staff continued this item until the September APC meeting since revised plans had not been received and consequently, legal. notifications were not made. Plans addressing some concerns of the APC have been re -submitted for your review. In the meantime, a neighborhood meeting was held on August 20, with approximately 25 people in attendance. Many of the initial questions were addressed and the neighbors will be notified of • the September 23 meeting. Architectural changes include: brick on the ends of the dwelling units and garages, a single hot water heater .system and the addition of a 1,000 S.F. activity center or ; of the front/center building. The color will be a cream yellow. STREETS/ CIRCULATION: The revised layout, for the Lexington Hills 1st Addition eliminates two concerns staff had regarding the previous s1te•plan. The first was that the development proposed garages taking access from the major entrance road. The new plan eliminates this with no access onto. the.major access road -for garages. The next item was circulation to the northerly apartments. The original plan did not provide any easy. way to turn around other than driving in the parking stall and backing up. The new plan provides for a circular movement which makes access much easier and safer.. • With regard to parking, this new site plan eliminates the previous problem of garage stalls not equalling the number of units per apartment building. In this new plan, the garage stalls all correspond to the number of units per building, thereby alleviating the possibility of having tenants walk as far as 250' to the garage. Now the maximum distance is around 100'. The original report for the July 29, 1986, P=lanning Commission meeting is still quite accurate with the exception of the above. As for the conditions, they may remain as, listed for the July Planning Commission meeting. 19( =�—so . 27 . >>. 2' LEXINGTON "0 I' H 8 Z PARTNERS LA CAGSAS, WISCONSIN HEDLUND ENGINEERING SERVICES •]Ot SALT BLOOMINGTON FAf9WAT •LOOM INOTOM. MINNESOTA !0420 BNONE: 14121 004-0264 UNDENGINEERING scALE ix r - CES. INC. :ATC Auv 1026 ELY. AUGUST 1946 - \ • 11 I / 1J ]J f . I PREPARED FOR: I I , W Lu —%1MI PREPARED By: QI ,rw V 2 O X 0 51 Am® JI MAN — =�—so . 27 . >>. 2' LEXINGTON "0 I' H 8 Z PARTNERS LA CAGSAS, WISCONSIN \ N 89' 48'00"W 620.54 1 HIL r-1 HEDLUND ENGINEERING SERVICES •]Ot SALT BLOOMINGTON FAf9WAT •LOOM INOTOM. MINNESOTA !0420 BNONE: 14121 004-0264 UNDENGINEERING scALE ix r - CES. INC. :ATC Auv 1026 ELY. AUGUST 1946 - \ • 11 \ N 89' 48'00"W 620.54 1 HIL r-1 11 0 ^l \ \ C 9tlo ^569'99.39^E - /739.73 r N 39,48 04,w LEXINGTON . HILL P_REL.IMINARY UTILITY IF _ \\ "'SCHEMATIC .1 \ I1 Wa Y C\ A m °s IE.= 33........ aTOaY ,[.[[ . �O YA..012 �• O CATCH a1ax. O ..10...T \ O` • 1 RREE.■eD FOR: H 8 Z PARTNERSC! [. C.0331. wi,Coxe1w xCa a, \ 1 \ .m 2 W I -. - PREPARED By: HEDLUND ENGINEERING SERVICES QI, 2 esnowuerow, Y1w.uou uue lelal [a['Oa as !+ EMOw[: \'! v O ZI HEDWND ENGINEERING W I I '®O m [e O 0 SERVIEF$, INC. o.r[: y la86 • J I _ . __. _ �, wrv. AUG..' lae[ � 1 � 1 � N 39,48 04,w LEXINGTON . HILL P_REL.IMINARY UTILITY IF _ \\ "'SCHEMATIC .1 \ I1 ea A m 98bl '0i a (7 v4 u-I 9.9 b l I £ ��'"D. �w 0 City Park ss Run .old R-1 25 Lexington South f Land Use Plan exception R1 (2un/ac) Rj-E(1 um/ac.) R2 mix.res.(3-8un./ac.) R3 mix. res.(6-12un./ac.) R4 multiple (12+un./ac.) XA,rs LB ltd.bus. I 7L GB gen.bus. CSC comm. shpng.cntr. Ath.1cleld agricultural parks -open space land bank X M first phase title X Northview "­`x.,Mex._'�—xxxexxxx_= north Elementary 'C/Y�33,/ 1 4 bo CSAH 30 1%k�lyk, R-1 -�,Af,�mk A., I. x; R-4 exception sold// R-2 11 00 R-2 15 7 - Ila R-2 19 H I; r H �Ikemob j .Hills \j r rvdt Bd- ,old R-2 14 R-2 M R-2 ------------- 77 H"'r-W Council Minutes 3 `2 February 7, 1984 , '' p OI, 17. This proposed development shall be responsible for trunk area storm sewer assessments at the rates in effect at the time of final plat approval. 18. All costs associated with installing public improvements and private streets shall be the sole responsibility of this development. 19. Private streets shall be 32 feet wide and have concrete curb and gutter and bituminous surfacing according to City standards. 20. No dead-end lateral water mains will be allowed. 21. Setback variances shall be reviewed by the staff and reported to the • Council at the time of the request for final plat. All voted in favor. SEE PLAT FILE ANENDMENT - LE%INGTO:i SOUTH PUD <_sr Mayor Blomquist next convened the public hearing regarding a request by Lexington South, Inc., Jim Curry, for an amendment to .the Lexington South Planned Development to exchange land uses on two parcels of the Lexington South PUD. It was noted that the Advisory Planning Commission recommended approval of the amendment, subject to the conditions listed in the staff report. It was noted than the exchange of land uses of the two parcels west of Northview Athletic Fields and north of that area, resulted in a otential 3 0 unit reduction in density over the entire area. All neighbors had been noticed as to the rezoning and agreed. Presentations by =City Planner Runkle and Fr. Jim Curry indicated that the developer was willing to contractually agree to maximum densities of 4 and 12 units per acre as a result, of the amendment. Wachter moved, Thomas seconded the motion to approve the rezoning subject to the following conditions and absolute maximum densities agreed upon: 1. An amendment shall be initiated and the land use exhibits changed in the Lexington South Planned Development Agreement. t R 84-5 2. The P hal elled out where Parcel a'would be a to be transf rred to an R -II land use with a maximum ensi y o dw units and that Parcel 3 have a land use of R -III 6-12 dwellin units) w more an 80 total dwelling units approved on t e overall site. All voted yea. v t R 84-5 City Park ; FtM Ke Lexington South Land Use Plan RI (2un/ac)RImE(IuM/ac.) R2 mix.res.(3-6un./ac.) R3 mix. res.(6-12un./ac.) R4 multiple (12+un./ac.) LB ltd. bus. a4Ax -A, B gen.bus. CSC comm.shpng.cntr. sold agricultural Ath.Fleld I parks -open space 6 10 r 0 EJ land bank q M T VTV-� ED first phase title X Northview 00 g Elementary 5/31/15 CSAR 30 R-2 Mal 14,441, q L - —j M agIq N -S IF F H Add I FIH sold R;4 exception L Kc R- .:� Gol, J R - 6I "7 A _" V'Ae.. . . . . . . . . . . . 1 1, � ,1 2 Fold ol Ft 2 old IL R 2 -2 AO a, -pun qL..d R'-2 R-2 19 -Lkewoo\tl tett ad IL.. R-2 R 2 R-2 j'1 20 V 3 Ity XI *33 6 s Am sold�'I R'4 R-1L art. 2e??— sold /// -sole R-2 a(.li y 1 �1 I M VlrpF"��l���QlCpl'I111 �, Lexington South Land Use Plan •xc-spUon Ira N�� "Y I�I'glql �' �I�7' I R1 (2un/ac ) R1 -E(1 un.racJ T )' Zi.lt iiP l�dll,dilWl al �I >�i��l' R2 mi:.res.(3-eun./ac.) R3 mix. res.(6-12un./ae.) Y f f S i R4 multiple (12+un./ac.) ri}(I;I� _� LB ltd. bus. In GB gen.bus. 41 'fit tif� L7�f C n CSC comm. shpn g. cntr. -sold agricultural li rv�t wt"', 2 y�,vv�yy.tt , Ath.Field parks open space • s _ ^'•,,,�,� 0 land bank r;# = M w�.... ` II first phase title X —Z� i nor ill lyy,+ 13 Norlhview — th Elementary SAH 30 Fie-slxn-n Is Posd� 9 ' ake vooC (Hills l Cwt Pa.'L. U �+ R-2 n a-scsptlon R•Dile -1 i sold R-2 � zo 1 F-71) CSAH 32 ) PILOT KNOB ROAD. P.O. BOX 21199 >N. MINNESOTA 55121 -4E' (612);454-8100 OCTOBER 17, 1984 MR JA14ES CURRY LEXINGTON SOUTH INC 4817 UPPER TERRACE EDINA, MN 55435 RE: PARKLAND DEDICATION • LEXINGTON SOUTH P.U.D. Dear Jim: BEA BLOMOUIST Mora THOMAS EGAN JAMES.A SMITH A PRY THOMAS 111LODORE WACHTER Cw" n�emwn THOMAS WEDGES Glv Atfminp•o�a EUGENE VAN�OVl RE: KE oa cn-,. On behalf of the City of Eagan, its City Council and Parks & Recreation Advisory Commission, I am pleased to write this letter to you indicating that with the transfer of title of approximately 74 acres of parkland to the City of Eagan, the Lexington South Planned Unit Development has fulfilled its obligation for parkland dedication under the P.U.D. Agreement,, This land dedication is a historical event_ in System as well as a major milestone for the Development. Certainly this is something that be�a$ proud of as Jim Curry, the developer. td' -h Warmest Regards., IPIi �:17 i:en� a Director of Parks & Recreation KV/js the history of the Eagan Parks Lexington South Planned Unit Jim Curry, the individual, can THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Q449- .� H W.P. PUD - /t4 9,u,nR A l z °ter °� W , PC) D • CITY OF EAGAN SUBJECT: PRELIMINARY PLAT (LEXINGTON HILLS FIRST ADDITION) APPLICANT.: LOCATION EXISTING ZONING: DATE OF PUBLIC HEARING: DATE OF REPORT H & Z PARTNERS SW' -4, SECTION 23 R-4 WITHIN THE LEXINGTON SOUTH PD JULY 29, 1986 JULY 22, 1986 REPORTED BY: PLANNING & ENGINEERING APPLICATION: An application has been submitted requesting a • preliminary plat consisting of 168 apartments on 16.3 acres in the Lexington South PD. The site, Lot 1, Block '1 and Outlot A in the first addition is located along Lexington AV on the east side just north of Co. Rd. 30. ZONING & LAND USE: This site is surrounded by other land uses all within the Lexington. South PD. An R-2 density for 40 acres is to the north, the Northview Athletic Fields are to the NE, Northview Elementary to the east 'and a designated Episcopal Church site to the south. Across Lexington AV is a Covenant Church site, a City water reservoir and 3.5 acres of uncommitted land. The portion of the site where most building occurs is on a plateau high above the surrounding area. The land falls rapidly to a City ponding area near the NE part of the site and that hillside is heavily wooded. • The 168 units give the project an overall density of 10.30 units /acre, well within the 12 + units allowed in R-4 districts. An exhibit from the Lexington South PD file shows this area having 5 - 20 unit buildings. The proposed project has detached garages. Similar apartment projects in Eagan include: Cinnamon Ridge, Ballantree and Rahn Villa. All building and parking setbacks meet City Code except apartment building #7 on the NW portion of the site. The front setback along Lexington AV must be 50' and only 40' is shown. When a covered parking space is included with the rent, only one additional outside space must be provided. Garages for 174 cars and 186 outside spaces have been proposed. The overall lot coverage iswell within the 20% allowed. in R-4 districts but it appears greater in the apartment area due to the detached- garages and unbuildable hillside. The project is proposed in 2 phases. The first phase consisting of 96 units is 4 buildings and 5 additional garage buildings on the southern portion of the site. Phase 2 (Outlot A) will contain 72 units in 3 separate buildings and have 4 - 2.0 car garage buildings. 9► APC - JULY 29, 1986 LEXINGTON HILLS FIRST ADD PAGE 2 COMMENTS: These two story 23' tall wood frame buildings will contain 108 one bedroom (624 S.F.) units and 60 (936 S.F.) units. The colors of the roofs and the proposed vinyl siding have not been determined. Amenities include optional fireplaces, balconies and a tot lot. The proposed garages have double doors each serving two individual apartment units. In areas between the garages where 35' is shown, there should not be parking in front of the doors. Trash should be kept in the garages until the day of pickup or specific enclosure locations should be noted and suitably screened from public areas. LANDSCAPING: A preliminary landscape plan has been submitted and works well conceptually. However, the detailed plan submitted prior to the final plat submission will need to address the size, spacing and berming more closely. The evergreens are shown at a 25' spacing where the detailed plan will need to show them at a 12 - 15' maximum spacing. A mixture of overstory, understory, coniferous plant material along with shrub masses will be used to buffer the buildings/garages along Lexington Av. • GRADING/DRAINAGE: The existing topography on this site consists of a relatively level plateau paralleling Lexington Avenue and then dropping very rapidly to a low depression located near the northeast corner of this site. The slopes from the plateau to the low basin are around 30%. Therefore, this developer proposes on only grading the plateau area and leaving the side slopes and drainage basin in its natural state. Grading proposed by this development is feasible. However, the grades northeasterly of the four garage units located in Phase I are 2.5:1. A 3:1 slope is necessary to provide proper maintenance. Therefore, staff recommends either increasing the slopes to 3:1 or the developer will have to install low maintenance ground cover. Because of the erosion of this soil, the developer will have to 4 pay special attention to maintaining the erosion fence and restoring disturbed areas on this site as quickly as possible. The developer will be responsible for removing any sediment that erodes from this site and ends up into the low area. The proposed grading of this site does not altar any of the existing drainage patterns. These drainage patterns are in a northerly direction with most of the drainage over this site going to the low area referred to as Pond JP -29 on the City's Comprehensive Storm Sewer Plan. Figure 1illustrates the relationship with this pond, its major drainage district and this proposed development. From this you can see that Pond JP -29 does not have a positive gravity outlet, yet it collects storm water from Lexington Avenue and adjacent developments and will also collect additional runoff from this site when it is developed. Therefore, staff recommends that as a condition of this development, the Council authorize the project to provide a storm sewer outlet from Pond JP -29 to McCarthy Lake (Pond JP -9). N0 APC - JULY 29, 1986 LEXINGTON HILLS FIRST ADD PAGE 3 UTILITIES: Water main of sufficient size, capacity and depth exists west of Lexington Avenue. An 8" lateral was installed across Lexington Avenue prior to the upgrading of Lexington Avenue. However, this 8" stub is connected -to the high pressure side of the Lexington Avenue booster station and cannot be looped back to the 20" trunk water main north of the booster station without the installation of a pressure reducing station. However, this looping is not necessary and the 8" deadend water lateral will be able to supply the flows that this development would require. Sanitary sewer is in place at the intersection of Lexington Avenue and Diffley Road. This sewer is of, suf f icient depth for the City to extend to the north to pick up this proposed development. Because this sanitary sewer line affects more than just this proposed development, the developer is requesting the City install this line and have it assessed to benefitting properties. Because of this, staff recommends that the final • plat approval ,for this development not be granted until the Council authorizes the project for the installation of sanitary sewer to this development. The developer. is proposing to install the internal utilities privately. These utilities shall meet all City standards for design and installation. STREETS/CIRCULATION: Lexington Avenue is the only public street providing access to this development. Lexington Avenue is under the jurisdiction of the Dakota County Highway Department and is built to its ultimate, design cross section adjacent to this property. The combination of grades on this northerly_ end and County road access separation requirements dictate that only one access into this site is -practical. Because only one access to this site off of Lexington Avenue is practical, the developer proposes on oversizing his entrance road to 32 in width. However, staff recommends against having any garage taking direct access from this major entrance road'. The remaining internal private drives meet- City Code. Staff sees one potential problem regarding parking. Because the garage stalls do not equal the number of units, per apa-rtment building, some tenants may have to walk as much as 250' to their garage. Staff feels that this is very unlikely to happen and that the tenant will park in the parking lot in front' of the apartment building. This could cause some congestion since basically only one outside parking stall is provided with each unit. This development should be responsible for the 8' trailway along Lexington Avenue. This trailway is a requirement because of City standards relating. to minor arterial streets having'trailways adjacent to them. RIGHT-OF-WAY/EASEMENTS: This development shall dedicate on the final plat a 50'.half right-of-way for Lexington Avenue. q3 APC - JULY 29, 1986 LEXINGTON HILLS FIRST ADD PAGE 4 This development will be responsible for any easements required over the property to the south of it for the construction of the sanitary sewer necessary to serve this site. Also, this development shall be responsible for dedicating a ponding easement for Pond JP -29 to encompass its high water elevation. Finally, any public utilities not located within public right-of- way will require a minimum 20' easement dedicated over them. PERMITS: This development will be responsible for obtaining the following permits. 1. MPCA sanitary sewer extension permit. 2. MWCC sanitary sewer estension permit. 3. Department of Health water main extension permit. 4. County highway access permit. ASSESSMENTS: In reviewing our assessment records, this parcel, 017-54, has been assessed for all trunk area related.assessments. CONDITIONS: 1. The maximum grade of slopes over this site shall be 3:1, but 2:1 slopes will be permitted with the establishment of low maintenance ground cover. 2. The Council must authorize the storm sewer outlet from JP -29 to Pond JP -9 and also the sanitary sewer extension along Lexington Avenue prior to final plat approval. 3. There shall be no access from garage stalls onto the entrance drive. 4. This development shall dedicate a 50' half right-of-way for Lexington Avenue. _ • 5. This development shall dedicate a ponding easement to the HWL for Pond JP -29. 6. This development shall dedicate a minimum 20' wide utility easement over any utility not located within public right- of-way. 7. This development shall be responsible for the easement, if necessary,.across the property to the south of it to install the sanitary sewer. 8. This development will be responsible for an 8' trailway along Lexington Avenue. 9.. This development will be responsible for complying with any standard engineering conditions which may apply., 10. All standard plat conditions shall be adhered to. W APC - JULY 29, 1986 LEXINGTON HILLS FIRST ADD PAGE 5 11. A detailed landscape plan shall be submitted and a financial guarantee insuring proper installation and shall not be released until one full year after. completion. 12. One garage unit shall be included with the rent. 13,. The building color and roof color shall be determined prior to preliminary plat approval. 14. Trash locations ( if not in the garages.) shall be screened and noted on the site plan. 15. A tot lot shall be provided and the plat shall be reviewed by the Advisory Parks Commission. 16. A trailway along Lexington Av shall be the responsibility of the developer. • 17. The plat shall be subject to a cash parks dedication fee. • M 0 0 0 �II •—� c x Is P r !- FREE ASSOCIATION. OF LUTHERAN \ CONGREGATIONS'_ aI _ I R-2 Ath.Fleld City Park Nmthvlew Elementary EAGAN WATER— RESERVOIR ATER RESERVOIR CHUry J . _ WM. SODER HOLM O- CSAH 30 ".,,• , 9,,, v BURGER KING I �\ " TOM THUMB R,, ` i'., �, K NSI �T N•' lip '. M . • V akjy a it il ,• ��v CSC • G +a LB 1 2. S AR NSP ee..rto_eM rARV40" 4rl j7y \�, i „=:�,.. .�Y �� �- __ - •'' '� _ '�� L is A IMP to m ml ♦ I ® 0! •% Eli LA t—'-265- ` y Lo UNIT �. e I . '1 t • 1 S option LEI o ` .► �,,�• T �T— fa u r`,w ,���'� _!—"' !u{uuwuuii L•�r1t.uuuwl__t.y�9/1 "��' 17 fiu+W. C SAH JO •�.'. 1 � - - —. - .. — _ _ _—� '_---SSV ®O" 1 _ _ �.I�\bh 1 � _ • 1 1 PARCELS 43 5 ZONING: R-4 (12+un/ac) multiple/residential NORTH P 4 SIZE: 21.3= acres 200' loo' o' 200' 400' 600 eau AVE. So.-MINMl2FOLl s, ��++ 22202. 161213., 132. P 5 SIZE: 9.3± acres 202 MIDWEST FEDERAL DUMC,.D- ]G E.O,r, Sl,• ST. LVL. MW4 ,>,G, Lexin.citon South PUD "`�EAGAN, WIINNESOTA 771J i 81 BE "815 84C J ?e FIG. #1 City of eagan approved: standard PUBLIC STORM SEWER plate #: WORKS DEPARTMEN MASTER PLAN q� MEMO TO: TOM HEDGES, CITY �1 FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: AUGUST 13, 1986 RE: ADVISORY PARKS AND RECREATION COMMISSION ACTION/LE%INGTON HILLS - 1ST ADDITION At the August 7th, Advisory Commission meeting, the Commission reviewed the proposed preliminary plat for Lexington Hills - lst Addition. In. rev iewing the plat, members of the Commission commented over the layout of the detached • garage units. They noted that the development was crowded into one-half of the site, leaving little green space amenity area for casual play opportunities. After additional discussion, Commission members asked that this item be placed on the next Advisory Parks and Recreation Commission meeting agenda, following the Planning Commission's further reviewa-1. KV/bls cc: Dale Runkle, Planning Director ,Julie Dykstra, Planning Aide /4010 • APC Minutes September 23, 1986 13. A homeowners association created through a proper declaration, articles of incorporation and b.y-laws, reviewable by the City Attorney, shall be required. Those in favor were Trygg, McCrea, Wilkins, Mulrooney and Bohne; those against were Hall and Harrison. Members Hall and Harrison indicated they voted nay based upon the use being increased from 25 to 32 units. Chairperson McCrea advised the applicant that the matter would be heard by the City Council on October 7, 1986. LEXINGTON HILLS FIRST ADDITION - PRELIMINARY PLAT The next public hearing convened by Chairperson McCrea was in regard to the application of H 6 Z Partners for preliminary plat of Lexington Hills First Addition consisting of 168 apartment units on approximately 16.3 acres in part of the southwest quarter of Section 23, and the northeast quadrant of ® Lexington Avenue and Diffley Road. Mr. Runkle introduced the application, indicating that it had been continued from the last Advisory Planning Commission meeting because required exhibits had not been available, in addition to proper notification for the public hearing. He further described .the topography of the area which would be 168 units, on actually a 10.3 acre parcel, with the balance of the parcel left as green space. A developer had added a brick facia to the ends of the units pursuant to staff requests. Mr. Runkle explained that there had been a trade of densities with other parcels to the north, owned by Lexington South, Inc., which had been changed to single family. Mr.. Jim Curry was present on behalf of the applicant and advised the Commission as to the 1 1/2 hour neighborhood meeting held with neighboring landowners. He also indicated who the principal parties were in the H 6 Z Partnership. Mr. Curry indicated that the 1976 Planned Development Agreement provided for 1,800 units on three parcels, including two to the north of the proposed development. It was his interpretation that now only 709 units were being utilized with an ElS having been done in 1978 anticipating the 1,800 • units. He also indicated that the apartments would not be subsidized and would be of average quality in rent, comparable to other apartments in the Burnsville, Apple Valley and Eagan areas. Luella Siedschlag of 4040 Lexington Avenue appeared and indicated that the 168 units were actually being built upon 9 acres and expressed concern about the use of the balance, of the 16 acre parcel. Mr. .Eric Spring of 4065 Lexington Avenue South stated that two dozen accidents had occurred on Lexington Avenue since its revised construction and that two accidents had actually occurred since the last meeting. At the request of the commission, Rich Hefti indicated that the southbound lane of Lexington Avenue had been super -elevated by the County due to the fact that several accidents had occurred on this stretch of County road, and was notsure what.action the County intended to take as•a result of the numerous accidents. It was pointed out that the staff report did not address the safety issue.It was anticipated that the portion of Lexington Avenue north of the area would be upgraded in 1988. Mr. Spring suggested that a turn lane should be planned for the complex and that a metropolitan view was being under-utilized. Mr. Lee Anderson, who was purchasing property at 4045 Lexington Avenue., advised the Commission that in June, a car caused $2,000.00 damage to the property he was APC Minutes September 23, 1986 purchasing and would have been in the yard where his children played, except for an 8 inch tree which stopped the car. He also indicated that there may be problems with the drainage easement required by staff and suggested that apartments were not the best use for this area. He also suggested that the apartments should not be located adjacent to a busy street such as Lexington. Pat Garrison also addressed the Commission, advising that she lived south of the proposed development,, west of Northview School. She requested information regarding assessments for storm sewer and requested that studies be done regarding traffic and erosion control. The Planning Commission indicated its understanding that required zoning was in place pursuant to staff review. Questions were raised as to the location and adequacy of the single access to the apartments. It was further indicated that one garage space would be part of the base rent for each unit. Member Harrison indicated that in his opinion, Lexington Avenue presented a serious safety problem which needed to remedied prior to additional traffic in this location. Wilkins moved, Trygg seconded the motion to recommend'approval of the proposed preliminary plat, subject to the following conditions: • 1. The maximum grade of slopes over this site shall be 3:1, but 2:1 slopes will be permitted with the establishment of low maintenance ground cover. 2. The Council must authorize the storm sewer outlet from JP -29 to Pond JP -9 and also the sanitary sewer extension along Lexington Avenue prior to final plat approval. 3. There shall be no access from garage stalls onto the entrance drive. 4. This development shall dedicate a 50 foot half right-of-way for Lexington Avenue. 5. This development shall dedicate a ponding easement to the HWL for Pond JP -29. • 6. This development shall dedicate a minimum 20 foot wide utility. easement over any utility not located within public right -of -wag. 7. This development shall be responsible for the easement', if necessary, across the property to the south of it to install the sanitary sewer. 8. This development shall be responsible for an 8 foot trailway along Lexington Avenue. 9. This development shall be responsible for complying with any standard engineering conditions which may apply. 10. All standard plat conditions shall be adhered to. 11. A detailed -landscape plan shall be submitted and a financial guarantee insuring proper installation and shall not be released until one full year after completion. 107,- 4 OiY4 APC Minutes September 23, 1986 12. One garage unit shall be included with the rent. 13. Trash locations (if not in the garages) shall be screened and noted on the site plan. 14. A tot lot shall be provided and the plat shall be reviewed by the Advisory Parks Commission. 15. A trailway along Lexington Avenue shall be the responsibility of the developer. All voted in favor except Bohne and Harrison who voted no. ROBERT DOUGHERTY - CONDITIONAL USE PERMIT • Chairperson McCrea convened the public hearing in regard to the application submitted by Robert G. Dougherty requesting a conditional use permit for on -sale liquor at Dougherty's Restaurant in the Town Centre 2nd Addition. Mr. Runkle introduced Mr. Dougherty who was a -former partner in the Parker House Restaurant, and Mr. Dougherty promised a good quality restaurant. Staff indicated that a liquor license investigation was under way by the police department. Hall moved, Harrison seconded the motion to recommend approval of the conditional use permit for an on -sale liquor license, subject to a favorable police investigation. All voted in favor., SPANDE FIRST ADDITION - WAIVER OF PLAT The public hearing for the application of Roy. A. Spande requesting a • waiver of plat in order to split Lot 1, Block 1, Joseph A. Spande First Addition into two lots was then convened by Chairperson McCrea. City Planner Runkle described the proposal located in the southwest corner of Highview Avenue and Bridgeview Terrace, indicating that all setback requirements were being met. It was suggested that the costs of improvement of the previous plat had exceeded the anticipation of the owners and thus, the lot split was being requested in order to compensate for additional.utility improvements. Mulrooney moved, Harrison seconded the motion to recommend approval of the waiver of plat, subject to the following conditions.: 1. The applicant must install a sanitary sewer service and water service to Lot 1 and a sanitary sewer service to the newly created lot. 2. This development shall be responsible for a park dedication fee. 3. If approved;, this Waiver of Plat shall be subject to all applicable code requirements. " All voted yea. 163, C4 n + 1 C + 1 I 1 J .r 1 I LOr ! BLOCK i1\ c a F - � 'Uc ;III e.+ �'• -C. S I+ I' I u a v„a••ncv°°p"' I`I v i X1.1 �•I„I pcpc" `Epl �,4 ih I I � 1 J fDIFFLEY R04D1 % ° C.S.4.N. NO. 30 1 C4 n + 1 C + 1 I 1 J 1 1 1 LOr ! BLOCK i1\ -� -All, T000- :. ::::: "•' _ � norm RR 6°1RV LY 1 -C. S I' ( 00 0 aa� ourLO/r/ A \ I 1 \\\I "o� \ �� E 'ttl •"moo \: 7� I sed c�Jpc� 4 PtoGeNS �'• e •��\ ' I co I2I I d � \\ 2I P 1epPss EpGpt� Solt GF V,66 -4 Ilk Oo<1 y: Ipaa SO�SN .............. . I II� ss Iss I `E*1NGt (DIFFLEY ROAD) . _ C.S.A.H. NO. 30 aa� -• � —mac..— • .I:y t _. - � --.Si . 1 � r .,a. - i 1' LEXINGTON HILLS APARTMENTS 0 0 EAGAN, MN • \J Agenda Information Memo, October 7, 1986, City Council Meeting Page Twenty -Four WAIVER OF PLAT/DAKOTA ELECTRIC ASSOCIATION C. Waiver of Plat for Dakota Electric Association to Split off Approximately .89 Acres from a 3.3 Acre Parcel for an Electric Substation --A public hearing was held by the Advisory Planning Commission at their last meeting held on September 23, 1986, to consider an application submitted by Dakota Electric Association requesting a waiver of plat in order to split .89 acres from an existing 3.3 acre parcel southeast of Dodd and Cliff Roads. The new parcel is requested 'to provide an electrical substation. The APC is recommending denial of the application. For additional information on this item, refer to the Planning and Engineering Department report found on pages/6j' through For action that was taken by the APC, refer to those minutes found on page(s) //3 . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the waiver of plat as requested by Dakota Electric Association. Special Note: Enclosed on pages 107A through is a copy of information Mr. Brunkhorst requested be presented to the City Council. 10/ vj ,,: September 30, 1986 Zakota 8&dA& Amocia&m 4300 220th Street West FARMINGTON, MINNESOTA 55024 TELEPHONE: 463-7134 Mr. Dale Runkle City Planner City of. Eagan 3830 Pilot Knob Road Eagan, MN 55121 Re: Proposed substation near Cliff Road and Dodd Road Dear Mr. Runkle, In order to continue providing adequate, dependable electric service to the southeastern portion of the City of Eagan, we have found it necessary to propose a new substation. The electrical capacity demand rose 23% last year in the City and now stands at 42,319 KW. • Our search to find a suitable location began over one year ago, with several locations being considered (see attached map). We feel very fortunate to have negotiated for a site so ideally located. This location will make it possible to draw from the power capacity of an existing 69,000 volt transmission line only .8 mile away. The intersection of Cliff Road and Dodd Road is also the intersection of main East-West and North-South feeder lines in the area. All of the other locations considered would have required a longer transmission line and longer distribution lines than the site proposed at the intersection of Cliff and Dodd Roads. Three of the other locations were in areas scheduled for residential developments, so besides being more costly they would impact more residents. The site we are proposing is on the edge of development at this time, there are only two residences within 350 feet of the site. The closest house is approximately 260 feet from 1074 the actual equipment. Dakota Electric is committed to placing trees and a four foot high berm between our facility and this residence for screening and noise reduction. Noise has been a concern, the transformer is the only device that makes any sound. The manufacturer has guaranteed a level no higher than 70 decibels which is about equal to the interior noise of a car at highway speed (see attached charts). We asked for, and received, comments from the Dakota County Park�Department which abuts the property (see attached). Dakota Electric uses the most modern, aesthetical pleasing equipment available in the industry, which is an all enclosed metal clad switchgear housing. Realizing that we must locate substations among residential and commercial developments, Dakota Electric Association chose this more expensive, but pleasing,- design over 15 years ago. We realize we are presenting this project to the Eagan City Council at a disadvantage since the Planning Commission has seen fit to deny our application for proper zoning. Hindsite tells us, that since the need is obvious, we may have taken certain issues for granted and may not have done the job of communicating that we should have on September 23, 1986. Our main objective on this project is to provide the capacity that the rapid development in Eagan demands while maintaining a "care and concern" attitude for those parties affected. We feel we have selected the best possible site, that is a location that fulfils the needs electrically, affects the fewest residences, and keeps costs to our consumer members most reasonable. We would greatly appreciate if this information could be submitted to the Eagan City Council members. This project is of vital importance to Dakota Electric Association and the Eagan members we serve. Sincerely, .Edward A. Brunkhorst Right -of -Way Engineer EAB Attachments DAKOTA COUNTY 8500 127TH STREET EAST - HASTINGS, MINNESOTA 55033 September 26, 1986 Mr. Edward Brunkhorst Right -Of -Way Engineer Dakota Electric Association 430.0 - 220th Street West Farmington,MN 55024 Dear Mr. Brunkhorst: PARKS DEPARTMENT 16121 437{608 Thank you for the information regarding the proposed location of a substation adjacent to the northeast corner of Lebanon Hills Regional Park. I have looked at a couple of the small substations you have built in Eagan and was impressed. with the efforts you made to landscape and structure the sites to blend into the neighborhood. Our long range development plans call for a park maintenance shop and park center building to be built in northeast corner of Lebanon Hills Regional Park within the next 5 to 6 years. The substation you propose would not be detrimental or harmful to park visitors nor to our flora and fauna. Thank you for informing us of your proposal and asking for our comments. T Since ly, Charles Lowery Director Dakota County Parks Department CL:ch cc: Gary Erickson, Physical Development Division Director L1-BRUNK AN EQUAL OPPORTUNITY EMPLOYER � �( \� R� '�►' ®' • 111 • Table 0-1 AUDIBLE SOUND LEVELS FOR OIL-IMMERSED POWER TRANSFORMERS Column 1—Class' OA, OW and FOW Ratings Column 2—Class' FA and FOA First-stage Auxiliary Cooling"I Column 3—Straight FOA' Ratings, FA' FOA' Second-stage Auxiliary Cooling "I Average Equivalent Two-winding Ralingl Sound Level 350 kV BIL and Below 450, 550, 650 kV OIL -- 750 and 625 kV OIL 900 and 1050 kV OIL 1175 kV BIL 1300 kV BIL and Above 11, Decibels 1 2 3 1 2 — 3 -1---2 --3 — -- 1 2 3 1 2 3 1 2 0 57 700 -... ... ... ... 58 1000 ... ..• 59 ... ... .. 700 ... ... ... ... ... .. ... ... ' 60 1500 ... ... 1000 ... ... ... ••. ... ... ... ... ... ... ... ... '•' 61 2000 .•• ••' 62 2500 ... ... 1500 ... ... ... ... 63 3000 ... ... 2009 ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 64 4000 ... ... 2500 ... ... ... ... ... .:. ... ... ... ... ... ... ... 65 5000 ... ... 3000 ... ... ... ... ... ... ... ... ... ... ... ... ... ... 66� 6000 ... ... 4000 ... ... 3000 ... ... ... ... ... ... ... ... ... ... ... 67 7506 625011 ... 5000 375011 ... 4000 312511 ... fib 10000 7500 ... 6000 5000 ... 5000 3750 ... ... ... ... ... ... ... ... ... ... ... 69 12500 9375 ... 7500 6250 ... 6000 5000 ... ... ... ... ... ... ... ... ... 70 15000 12500 ... 10000 7500 ... 7500 6250 ... ... ... ..: ... ... ... ... ... ... 71 20000 16667 .:. 12500 9375 ... 10000 7500 ...,, ... ... ... ... • ... ... .... O 72 25000 20000 20800 15000 12500 12500 ... 9375 ... ... ... ... ... ... ... ... ... 73 30000 26667 25000 20000 16667 ... 15000 12500 ... 12500 ... ...... ... 74 40000 33333 33333 25000 20000 20800 20000 16667 15000 12500 ... ... ... ... �n 1 75 50000 40000 41667 30000 26667 25000 25000 20000 20800 20000 16667 ... 15000 ... 12500 76 60000 53333 50000 40000 33333 33333 30000 26667 25000 25000 20000 20800 20000 16667 ... ... ... 15000 ... ... ... 77 80000 66667 66667 50000 40000 41667 40000 33333 33333 30000 26667 25000 25000 20000 20800 20000 16667 78 100000 00000 83333 60000 53333 50000 50000 40000 41667 40000 33333 33333 30000 26667 25000 25000 20000 20800 79 ... 106667 100000 80000 66667 66667 60000 53333 50000 50000 40000 41667 40000 33333 33333 30000 26667 25000 80 ... 133333 133333 100000 80000 83333 80000 66667 66667 60000 53333 50000 50000 40000 41667 40000 33333 33333 81 ... ... 166667 ... 106667 100000 100000 80000 83333 80000 66667 66667 60000 53333 50000 50000 40000 41667 'r ... 200000 ... 133333 133333 ... 106667 100000 100000 80000 83333 80000 66667 66667 60000, 53333 50000 83 ... ... 250000 ... ... 166667 ... 133333 133333 ... 106667 100000 100000 80000 83333 80000 66667 66667 Y 84 85 ... ... 300000 ... ... 200000 400000 ... ... 166667 ... 133333 133333 ... 1OG667 100000 100000 80000 83333 r ... ... ... ... 250000 ... ... 200000 ... ... 166667 ... 133333 133333 ... 106667 100000 86 ... ... ... ... ... 300000 ... ... 250000 ... ... 200000 ... ... 166667 ... 133333 133333 67 •.• ... ... ... ... 400000 ... ... 300000 ... ... 250000 ... ... 200000 166fi67 O 88 ... ... ... ... ... ••• --• ... 400000 ... ... 300000 ... ... 250000 ... .., ... 200000 -- 09 ... ... ... ... ......• ••• .•• •-• ••• ••• 400000 ... ... 300000 ... 250000 90 91 ... ... ... ... ... ••• ••• ••- ••• ••• •••... ... 400000 ,.. ... ... ... 300000 N ... ... ... ... ... ... ... ... ... ... ... ... 400000 r ' Classes of cooling (see 2.6.1 of American National Standard C57.12.00.1980). s . " First- and second-stage auxiliary cooling (see TR 1.0.02). 00 1 The equivalent Iwo-winding 55'C or 65'C rating Is defined as one-hall the sum of the kVA rating of all windings. ' O 9 Sixty-seven decibels for all kVA ratings equal to This or smaller. it 11 For Intermediate kVA ratings, use the average sound level of the next larger kVA rating. _ I For column 2 and 3 ratings, the sound levels are with the auxiliary cooling equipment In operation. ANSI flEEE C57.12.90-1980 MICROPHONE ` STATIONS 3" _�.L IEEE STANDARD TEST CODE FOR LIQUID-IMMERSEI , � I FORCED AIR. I 6 R�D COOLED SURFACES 6 o iD 4D CD r — — — — — — 1 6'R NATURAL AIR TANK BOX COOLING MAIN DRAIN .D VALVE MAJOR SOUND \ 1/ PRODUCING SURFACE � 3..-- 3',j--3J� I Fig 30 Determination of Microphone Locations for Measurement of .Audible Sound for Liquid -Immersed Transformers more, measurements shall be made at one- third and two -thuds height. 13.5 Sound Level Measurements 13.5.1 Sound levels shall be measured in con- formance with 13.2.1, 13.3, and 13.4 using the sound level meter A -weighting characteristic. 13.5.2 The average A -weighted sound level is defined as the arithmetic mean of the respec- tive A -weighted . sound level measurements taken at each microphone location defined in 13.4. 13.5.3 When specified, measurements shall also be taken using the sound level meter C - weighting characteristic. I.. 13.5.4 If ambient conditions.necessitate, the sound level may be measured using discrete frequency components. (See 13.6.4.) 48 NOTE: For a discrete frequency application, see HENIMES, R. T. and. GRAHAM, D. C. "Measurement of Self -Cooled Transformer Sound Levels lu�Relative- ly High Ambients," IEEE Transactions on Power Ap- paratus and Systema, vol PAS -89, no 7, SeptlOct 1970, pp 1657-1662. 13.6 Optional Frequency Analysis Measure- ments 13.6.1 Virden specified, frequency analyses shall be made in accordance with 13.2, 13.3, and 13.4 for either octave, one-third octave, or discrete frequency measurements. Either the A -weighting, the C -weighting, or the flat response meter characteristic may be used. The weighting characteristic used shall be reported with the data. 13.6.2 Octave band or one-third octave band frequency analyses measurements shall cover • • • I THUNDERBIRD In general, the T -Bird has a repertoire of pretty sweet moves. It zigs, zags, and cruises with some of the better iron, and it offers the wonders of ABS brakes to save you from calamity. Fast or slow, this is a very nice car. But is it a memorable car, one to be sa- vored for all time? Frankly, no. Unfortu- nately, the new Bird suffers one fatal flaw' ' a single impediment to world-class status that cannot be overlooked. The stumbling block is the engine - specifically, its roughness. This year's acoustical upgrades -a reworked trans- mission -support crossmember, stiffer ac- cessory -drive brackets, and various other refinements -render it the quietest 2.34i= ter turbo vet. But that's not enough in a league filled w'ith.crearry-smooth fours, fives, and sixes. The turbo four no longer thrums like a tractor --as long as you keep it between 2000 and 5500 rpm -but it still lets you know it's there in no uncertain terms. The sound of a world-class powerplant ought to be music, but this one makes you want to turn up the radio. The noise -pollution problem could have been solved by adding balance shafts to the 2.3 -liter engine to quell its mighty shaking, but development of such pieces lagged too far behind to make 1987 pro- duction. And a hot V-6 will displace the turbo four in the 1989 models, so now there is little incentive to spend the extra ash on the 2.3. A swap to the Mustang's superb fuel -injected V-8 would have worked wonders, but it would also have made the Thunderbird a gas g=ler. It looks as though the current T -Bird will live out its days with this engine, but life could be worse. Considering how far Ford has come with a car that descended from the Fairmont, the T -Bird's future looks as bright as the noonday sun. The newest Ford Thuriderbird may not be quite ready to soar with the eagles, but it's already flying far above the turkeys. -Rich Oppo4 40 Vehicle type: front -engine. rearoheeWrive. 5 -passenger, 2. door sedan Pace .,tested; $17.000 (estimated) Options an test car. AM/FM steren radio/cassette, power antenna, nwar seat, cruise control. IIIc steering. Power locks, rear defroster Standard accessories: power steering A/C Sound system: Ford AM/FM -stereo radio/cassette, 4 speak- ers ENGINE 58.1/SB.b in Type ............. turbocharged and inlercooled 44ti-fine. Width .........................................71.1 iron block and head gore a stroke ........... 3.78 x 3.13 in, 96.0 x 79.4mm Displacement ....................... 140 cu in, 2299M Compression ratio ..........- ................. ...8.0:1 Engmecontrd system .............. Ford EEC -IV with port lower side bolslers, thigh support fuel injection Emissions controls..... 3 -way catalytic converter. feedback lair good excellent fuel -air -ratio central. EGR Turbocharger .............................. IHI RHB 52 Waste gets.....................................integral Power assist .............. Maximum boost pressure ......................... 15 Psi Valve gear .............. belt -driven single overhead cam Wheel type .............................. hydraulic litters Power (SAE nec.................. 190 bhp @ 4600 rpm Torque (SAE net) ................ 240 IbR @ 3400 rpm DRIVETRAIN 25.5 Transmission .................................. 5 -speed Final -drive ratio ..................... 3.55:1. limited slip Gear Ratio Mph/ 1000 rpm Mas. test speed 1 3.97 5.4 33 mph (6200 rpm) II 2.34 9.2 57 mph (6200 rpm) III 1.46 14.7 91 mph (6200 rom) IV 1.00 21.5 125 mph (5800 rpm) V 0.80 26.9 137 mph (5100 rpm) DIMENSIONS AND CAPACITIES Wheelbase ................................... 104.2 in Track. F/R ............................... 58.1/SB.b in Length ...................................... 202.1 in Width .........................................71.1 in 'Height.........................................53.4 in Curb weight_ .................................. 3400 It, Weight distribution. F/R.................... 54.8/45.2% Fuel capacity ..................................18.2 gal CHASSIS/BODY Type ................................. unit construction Body material ....................welded steel stampings INTERIOR SAE volume. front seal ......................... 52 cu N rear seat .......................... 40 cu k trunk space .......... I............ 15 cu N Front seats .................................... bucket Seal adjustments....... fore and oil. seatbeck angle. front 3.9 height, rear height. lumber support, rack-and-pinion, power-esfisted lower side bolslers, thigh support General Conlon ................. poor fair goad excellent Farrand -ah support .............poor lair good excellent Lateral support .................. poor fair good excellent SUSPENSION F: .................... Ind, strut located by a control arm, HANDLING coil springs, anti -roll bar R.................., rigid axle. 4 trailing links; 2 leading Roadholding, 300-N-dia skidpad .........:... hydraulic links, coil springs, anti -roll bar STEERING 3.9 Type .................... rack-and-pinion, power-esfisted Turns lock.talxk .. ........................ 2.4 Turning circle curb -to -curb ...................... 39.4 N BRAKES 60 mph .............................. F; ............................ 10.9 a 1.0 -in vented disc R :............................ 11.3 x 0.9 -in vented disc Power assist .............. hydraulic with anti-lock control WHEELS AND TIRES Wheel size ................................. 7.0 x 16 in Wheel type .............................. usl aluminum Tires ............. Goodyear Eagle VR60. P225/60VR-16 CAR AND DRIVER TEST RESULTS ACCELERATION Seconds HANDLING Zero to 30 mph ............................... 2.4 Roadholding, 300-N-dia skidpad .........:... 0.80 g 40 mph ............................... 3.9 Undemleer.............. minimal moderate excessive 50 mph ............................... 5.6 8.0 COAST4>OWN MEASUREMENTS 60 mph .............................. Road horsepower @ 30 mph.......:........... 7 hp ................ 70 mph.............. 10.8 50 mPh.................. 16 hp 80 mph .............................. 14.1 70 inch .................. 33 hp 90 mph .............................. 19.2 - 100 mph .............................. 25.5 FUEL ECONOMY (projected) 110 mph ..... :........................ 33.6 EPA city driving .................•.••••.... 18 mpg Top -gear passing time, 30-50 mph ............. 15.3 EPA highway driving -.. ............ •.... 25 mpg 50-70 mph ............. 12.3 C/D observed fuel ecorwmy ................ 14 mpg Standing V. -mile ................ 16.0 sec @ 85 mPit Top speed ............................... 137 mph INTERIOR SOUND LEVEL Nle............................�.:..:':. -... 52 dBA BRAKING - - Full throttle acceleration .................... 62 dBA 70-0 mph @ impending lockup .............. 194 N 70 -mph crubung ...... ...................... 70 VBA Fade .........................none moderate heevy I 70.mph cresting ................. ...... :.-. 69 dBA CAR and DRIVER Dakota E For: Mr. Ed Bronkhorst o 32/91 Dakota Electric 4300 - 220th Street West Farmington, MN 55024 nn LAAR H. SCHWANZ Aro Eull "TSW � XwulwM ur�EN;lw�Et lr arra M ---t- . me — I "TH ntint,.me—I"TM ETR ECT W.—WXM R40RWr1T. MEEIEWTA MCN WMNE$124E11WM SURVEYOR'$ CERTIFICATE __e ..,'.,",.. )N 4T II LING NW 1/,Il SEC, 310-T 1?14-k llw -- NE G0¢.✓E7 � MSEC. 36 - f77./ eZ36V SCALE: J :100' Proposed Description: That part of the Northwest Quarter of Section 36, Township 27, Range 23, Dakota County, Minnesota described as follows: Commencing at the northeast corner of said Northwest Quarter; thence.North 69 degrees 41 minutes 50 seconds West (assumed bearing) along the north line thereof a distance of 1118.52 feet; thence South 00 degrees 15 minutes 00 seconds West a distance of 266.00 feet to the point of beginning of tract to be described; thence continuing South 00 degrees 15 minutes 00 seconds West a distance of 164.80 feet; thence East a distance of 234.52 feet; thence North a distance of 164.80 feet; thence west a distance of 233,80 feet to the point of beginning. Containing 38,590 square feet. July 24, 1986 Minnesota Reg. No. 8625 CITY OF EAGAN SUBJECT: WAIVER OF PLAT (LEBANON HILLS SUBSTATION) APPLICANT: DAKOTA ELECTRIC ASSOCIATION LOCATION: NW a, SECTION 36 EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: SEPTEMBER 23, 1986 DATE OF REPORT: SEPTEMBER 15, 1986 REPORTED BY: PLANNING AND ENGINEERING DEPARTMENTS APPLICATION.: An application has been submitted by Dakota Electric Association, requesting a waiver of plat in order to split .89 acres from an existing 3.3 acre parcel southeast of Dodd and Cliff Roads in Section 36. The new parcel is needed to provide • an electrical substation. This substation will be contained within a chain link fence. The eastern side of this site will need considerable screening or land berming to lessen the impact on the home to the east. Dakota Electric has submitted an attachment detailing the reasons for the substation. GRADING/DRAINAGE:. Because of the small area and use of this site, staff did.not anticipate the grading to be of any problem. The development does not propose on changing any existing drainage patterns. The development will maintain an existing north, to south drainage pattern. UTILITIES: Because of the use of this site, the applicant will not require any utilities. • STREETS: Access to this development will be from a 20' easement off of Dodd', Road. I.t will be a private access maintained by the applicant. RIGHT-OF-WAY/EASEMENTS: This development will not require the dedication of any easement or right-of-way for City purposes. ASSESSMENTS: This development will be responsible for trunk area storm sewer assessments at the residential rates in effect at the time the Council approves the waiver of plat. CONDITIONS: DAKOTA ELECTRIC ASSN - WAIVER OF PLAT 1. This development shall be responsible for its trunk area storm sewer assessment at the residential rate in effect at the time of waiver approval. 2. All applicable ordinances shall be adhered to. 3. This development shall be responsible for park dedication fee. /09 0 0 21 14L�Minnesota Reg. No. 8625 N 89, ¢/ SEC 36 - 7�27A eZ3 w . i a AZIOG°SED .0 A 119 (` %n 2 _ ± �_ lQp ' 233•Bo weE57'H Nt� Nt Its \ — ,234:Sz EAST Proposed Description: ,. That part of the Northwest Quarter of Section 36, Township 27, Range 23., Dakota County-, Minnesota described as follows: Commencing at the northeast - corner of said Northwest Quarter; thence North 89 degrees 41 minutes 50 seconds West (assumed bearing) along the north linethereof a,distance of 1118.52 feet; thence South 00 degrees 15 minutes 00 seconds West a distanceof 286.00 feet to the point of beginning of tract to be described; ® thence. continuing South 00 degrees 15 minutes 00 seconds West a distance,of 164.80 feet; thence East a distance of 234.52 feet; thence North a distance of 164.60 feet; thence West a distance of 233,80 feet to the point of beginning. . ' Containing 38,590 square feet. July 24, 1986 21 14L�Minnesota Reg. No. 8625 WHY A NEW EAGAN SUBSTATION? 1. To serve the rapidly increasing load in the Eagan area. See attached table. 2. To provide capacity and connections to adjoining substations and as a result improve reliability and contingency plans. WHY THE PROPOSED LOCATION? 1. Least amount of impact by the 69,000 volt transmission line required to serve this substation. The transmission line will be extended .8 mile west along an existing distribution line located on the south side of Cliff Road. 2. Least amount of impact by distribution feeders since the existing main feeders can be split to serve all four directions from this substation location. 3. This site is located within an area experiencing several new developments totaling over 1000 housing units. 4. This site is adjacent to the Dakota County Park land and only has two residential families within 350 feet. Dakota Electric will strive to make our site compatible with the residence of Mr. and Mrs. Mark Sieh by providing desired screening on the east side of the proposed site. WHAT'S THE PROPOSED NAME? We are tentatively calling this the Lebanon Hills Substation since it is adjacent to Dakota County Lebanon Hills recreational area. 09/02/86 • Dakota Electric Association • • DAKOTA ELECTRIC ASSOCIATION PEAR LOADS ON SUBSTATIONS IN EAGAN Substation Deerwood Eagan LeMav Lake Yankee Doodle River Hills TOTAL 8 of sub. load in Citv 1008 698 1008 768 418- //v 1985 peak 1986 peak Percent in City in City increase 11,220KW 14,594KW 308 1;297KS4 1,792KW. 388 11,011KW 12,16M 108 5,426KW 6,072KV7 128 5,381KW 7,670KW 438 34,335Kw 42,319KW 23.38 APC Minutes September 23, 1986 DAKOTA ELECTRIC ASSOCIATION - WAIVER OF PLAT Chairperson McCrea then convened the public hearing for the application of Dakota Electric Association requesting waiver of plat in order to split .89 acres from an existin& 3.3 acre parcel, southeast of Dodd Road and Cliff Road in Section 36. Mr. Dale Runkle indicated that the new parcel was needed to provide an electrical sub -station. Mr. Ed Brunkhorst indicated that there had been a 23% increase in the demand in the Eagan area and that the proposal would be a "clean" site with only one transmission pole. Several homeowners in the area appeared objecting to the impact of the site upon the Dakota County park, the inappropriateness of such uses in their residential area, potential noise, concerns regarding future expansion, and the impact on existing wild life that occasionally grazed in the area. It was indicated that the fenced area would be approximately 110 feet by 135 feet, with a 32 foot high utility pole and 10 to 11 foot high transformer. A security light would be provided. • The existing parcel was zoned Agricultural and appeared to have a Comp. Guide designation of R -I. Member Mulrooney objected ito the waiver of plat without knowing the anticipated use of the balance of the property. Member Harrison indicated that the sub -station belonged to the commercial area. Member Hall suggested that the electric company had the power of eminent domain and was advised that the proposal would include three foot berms with six foot pine trees, in addition to the existing 12 foot hedge.' Bohne moved, Mulrooney seconded the motion to recommend denial of the proposed waiver of plat for the following reasons: 1. That the site was not an appropriate location. 2. That the presentation was inadequate as to the use of the surrounding area. 3. That there were other available site choices. • All voted in favor except Wilkins who voted nay, and Hall who abstained. E Z AIRPARK - WAIVER OF PLAT .After a short break, Chairperson McCrea called the public hearing for the request of a waiver of plat to split the north 650 feet of Lot 6, Block 1, Eagandale Center Industrial Park No. 2 for the EZAirpark expansion in part of the southwest quarter of Section 2, southwest of Trunk Highway 1155, east of Lexington Avenue. Mr. Dale Runkle introduced the proposal and Mr. Gharles Nolan, Jr. was present and Mr. J. E. Parranto explained the request for waiver of plat and conditional use .permit. He indicated that the conditional use permit had been completed and a waiver of plat request inadvertently was left out of the original "application. Therefore, the matter was before the Planning Commission in order to clean up the technicality of the concept //-3 6 Agenda Information Memo, October 7, 1986, City Council Meeting Page Twenty -Five WAIVERS OF PLAT/B.H. GRACE CORPORATION D. Waivers (2) of Plat for Duplex Lots on Lot 4, Block 3, An application was submitted by waivers of plat for two lots duplexes conformed to all City regarded as procedural to satisfy B.H. Grace Corporation, to Split and Lot 6, Block 3, Rahn Rid4e-- B,.H_ Grace Corporation, requesting in the Rahn Ridge Addition. The requirements and this action is the sale of these units. For a copy of the Planning Department report on this item, refer to page (s) 1/5 . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or • waivers of plat as presented by S.H. Grace Corporation. deny the CITY OF EAGAN SUBJECT: WAIVER OF PLAT B H. GRACE CORPORATION APPLICANT- BLOCK 3, RAHN RIDGE LOCATION= LOTS 4 & 6' D. ( 77_1) ING ZONING: R-2, WITHIN MISSION HILLS P EXIST 1986 PUBLIC HEARING' OCTOBER 7, DATE OF 1986 DATE OF REPORT: SEPTEMBER 30, REPORTED BY: PLANNING DEPARTMENT the B•H• Grace submitted bots in the Rahn > TION: application has been for two lot An aPP of Plat the 15,000 sq ft. requesting WaiVers lots meet poration All 25 duplex age Addition. requirements- requirements and Ze and 100' width req setbac,' 4 and 6 meet Code Lane - Lots are served by Vienna le duplexes on Both applicable crate utilities. be subject to all rve separate shall 77. E approved, these Waivers ode requirements- .S/J] 11 - r • 11 5 b .. I O 6 G4S. fie¢ A� / WI FET>YY V p ✓ I �~ el All Dv5.b� c 2 pakel N B04B'03 I o09 h 6 - parcel B \ I N o I w4 %l f Z i I s 9 arcel Bo p S .46 pp J > o pRoP05ED m 9N3 DATION 9L62 94L TOP uF Fo -3S' ' Lj4 IOII �M1L ,,957 G',RAOE oFLOOR ,rt-A{SkERL S},RVICE F"I.EV. f N R �' pgOPOSED ELEVATIONS v I E N �_ EXISTING ELEVATIONS w5 Agenda Information Memo, October 7, 1986, City Council Meeting Page 'Twenty -Six CLARIFICATION OF LIGHT INDUSTRIAL ZONING/SILVER BELL PLAZA E_ Clarification of Light Industrial Zoning for Silver Bell Plaza --The Dallas Development Company is presently developing a 100,00'0 square foot plaza a the intersection of Highway 13 and Silver Bell Road. The plaza is designed and intended as. an office/warehouse type facility, however, during their advertis- ing for leased and rental .space, several requests to locate a hair salon or child care operation have been presented to Dallas Development Company. According to the City Code, Subdivision 16, found on pages 311 - 313, there are no permitted uses or uses by conditional use that would allow for a hair salon or child care operation. The Planning Department has explained • the conditions and regulations set forth in the City Code, however, Dallas Development. Company has asked for an opportunity to request special consideration by the City Council. Since uses are regulated by the City Code, it would require an amendment to the City Code to allow this type of use as either a permitted or conditional use permit in a limited industrial district zoning classification. Enclosed on page //, is a copy of a letter from Dallas Development Company, requesting bonsideration on this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a change in the City Code regulations as requested. /(a �;amn ,�, D av'eyA II��/ y 9�! e t 'd�C��1r�'f;5 p�� I'JieW Vn�h 47 September 22, 1986 Mr. Thomas Hedges City of Eagan 3830 Pilot Knob Road P.O.. Box 21199 Eagan, MN 55121 Dear Mr. Hedges: 10369 West 70th Street • Eden Prairie, MN 55344 • (612) 941-2971 The Dallas Development Company is presently developing the 1.00,000 S.F. Silver Bell Plaza at the intersection of Highway 1.3 and Silver Bell Road. In the process of marketing this project, we have had several inquiries from hair salons and child care operations wishing -to locate in our project. Our question is if these are permitted uses in a Limited Industrial District. These users are interested in this location primarily because of the present employee base and potential for employee growth in this Limited Industrial Zone. Their main marketing thrust would be to provide goods and services which are primarily for • the -use of.persons employed in our project and this zoning district. I would apprecate your,.comments regarding this matter. Sincerely, Bernie Frey BF/ack //7 Agenda Information Memo, October 7, 1986, City Council Meeting Page Twenty -Seven VARIANCE/RAYMOND FISCHER F. Raymond Fischer for a 10' Variance to Sideyard Setback (St. Francis Wood 5th Addition) --The staff has received a request for a 10' side yard setback variance for the proposed condominium development located in St. Francis Wood 5th Addition, as described by the staff report enclosed on pages //5J through 1Z.,0 . Written notices have been sent to affected pr pe—rty owners within 200 feet of the proposed variance, informing them of the Council's consideration of this request on October 7. The Council may recall that the final plat for the 5th Addition • was approved by the Council on September 2. With this final plat showing the location of the lot line for each condominium unit only, and not the building's foundation footprint, it was not discovered that a setback variance was: required until detailed site plans were submitted in anticipation of building permit application. If the variance is denied, the final plat configuration will have to be revised. This should not create any significant problems due to the fact that this plat has not yet been sent to the county for recording and can be handled administratively. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny a 10' side yard setback variance for Lot 1, Block 1 and Lot 5, Block 2, St. Francis Wood 5th Addition. If denied, authorize the revision to the final plat configuration prior to recording at Dakota County. CITY OF EAGAN SUBJECT: VARIANCES APPLICANT: FISCHER - STAPF CONSTRUCTION LOCATION: LOT 1, BLOCK 1 S LOT 5, BLOCK 2, ST. FRANCIS WOODS 5TH ADDITION (SE 1/4, SECTION 15) EXISTING ZONING: R-3 (TOWNHOUSE) DATE OF PUBLIC HEARING: OCTOBER 7, 1986 DATE OF REPORT: OCTOBER 2, 1986 REPORTED BY: PLANNING DEPARTMENT AAPPLICATION SUMMARY: The St. Francis Woods 5th Addition received • final plat approval on September 2, 1986. This plat has not been recorded as of yet. In an effort to keep the plat in conformance with Code requirements, building location adjustments have been made. However, two setback variances will be necessary on Lot 1, Block 1 and Lot 5, Block 2. Code requires 30' frontyard setbacks along public streets and 30' sideyard setback's in R-3 districts. Another requirement is that there is 30' minimum between building pads (3 or 4 units typically). Lot 1, Block 1 will be 20' from the property line but will be 30' from the townhouse building in the 3rd Addition to the north. This variance will provide an overall consistency of, buildings along Widgeon Way. Lot 5, Block 2 will also require a 10' variance to a 20' sideyard setback. Since this area abutts an 80 acre .agricultural parcel to the south (designated R-2 in the Comprehensive Guide Plan), future development should not be affected because sideyard setbacks are 10' for dwelling. units and 5' for garages in both R-2 and R-1 districts. In either case, there would be a minimum of 25' between buildings. All other setbacks meet Code requirements. If approved, these variances shall be subject to all applicable Ordinances. JS/mc NORTH MANG13 POND JP 65 Ot4 L EA�Am MrEff 7k ;;iii,.,•.-.,-,�K� .'s.`,- --�' 1 — �;' }�:.J, :�� i -' A # DENOTES VARIANCE TO A 20 SET BACK REQUESTED 3E INECnING 3MPANY, INC-. ..... ..... I 4b .. .........GRADING, DRAINAGE & EROSION CONTROL IN ST. FRANCIS WOOD 5TH ADDITION uFD .IX RAY FISCHER • Agenda Information Memo, October 7, 1986, City Council Meeting Page Twenty -Eight pct, RESOLUTION/PROPERTY TAXES PAYABLE IN 1987 G. Resolution for Certification of Property Taxes Payable in 198'7 --Each year City Councils are required to certify property tax levies prior to October 15. As a result of several budget meetings and a public hearing the levy of 1986.real estate taxes payable in 1987 is a grand total of $5,9.21,581. This total levy • includes general fund, road and bridge fund, debt .service and special levies. The Director of Finance is recommending that the City include all special levies under the special levy category entitled Increased Industrial/Commercial Development which in the past. has allowed the general fund base to increase accordingly allowing the City of Eagan more flexibility in dealing with future general fund budgets. Please note that the amount for the general levy as illustrated on the September 8 adjustment sheet was reduced by $406,685 and the new amount for special levies was increased by that same amount from $136,36,3 to $543,048. Again the total amount for the tax levy in 1987 as considered by the City Council before fiscal disparities has not changed. The City Council's tax levy is projected to reduce the mill rate •that was approved in 1985 payable 1986. The proposed property tax levy does not utilize all that the general levy or special levies that are available to the City. The Director of Finance and City Administrator, having examined all the special levies available to the City and the maximum general levy, have projected that the City could raise the mill rate or property taxes in excess of 2 additional mills. Enclosed on pages /7-7/ for review and consideration is a copy of a comparable mill rate spread sheet from the 1986 final and proposed 1987. Also enclosed on pages 12-3 through L is the final resolution and a breakdown of the property tax levy payable in 198.7. ACTION TO BE CONSIDERED ON THIS ITEM': To approve or deny certification to Dakota County of the 1986 general property tax levy payable 1987 in the amount of $5,921,581 which represents an estimated mill rate reduction for 1987. 17-1 1937 FSrD1ATE 9$-66 AIDI`2M ,s66 Fnw. ' 9225,326.136 9263,474,734 $253,474.734 1rr�� AssF= VAI11UMN (neap) 1$9ed Ch ika.e_ � $fit ua�`�e lid m AevaaE Hamot FYI 1996LFAS 1956 Fayble Final Amnt Mill Rabe (Daaree- =) Amrh Mill Rale Firal Amnt YM Rate $907,000 4.025 $854,000 3.241 (.764) $854,00D 3.241 (.764) lim'SERVICE (ENEFtAL FWD General 1evy3,697,030 16.409 4,62,737 17.697 1.299 4,662,737 136,363 17.697 .519 1.299 (.456) Special Levies 226,672 1.005 526,949 2.000 .994 r Total 17.414 5169.686 19.697 2.293 4.799.100 19_215 .801 — General Fina 3,923.702 221,669 26BAl 1.019 .035 266,481 1_019 .035 FY1AD AND FAIIIE _9E14 Total Before Fiscal 21.423 6.312,167 23.957 1.534 5921,581 22.475 •552 Disparities 5,052,371 LEE: Fiscal Disparities (1.429) (400.000) (1.516) (.099) (400.000) (1.518) .059 Distribution (322.140) Net 1bt97s 54,730.Z31 20.994 $5.912,167 22.439 1.445 $5.521.58, 20.%7 (.037) RESOLUTION CITY OF EAGAN. LEVY OF 1986 REAL ESTATE TAXES WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was held on October 7, 1986, at 6:30 p.m. at the Eagan Municipal Center, all members being present except , and WHEREAS, upon motion by Councilmember , and seconded by Councilmember , It was RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota, hereby is on record approving and certifying the, levy of 1986 Real Estate Taxes for Eagan, Minnesota, which taxes are payable in 1987 as follows: General Levy (Levy Limit): General Fund Road & Bridge Fund TOTAL GENERAL LEVY Special Levies: Debt Service Other TOTAL SPECIAL LEVIES GRAND TOTAL LEVY Dated: October 7, 1986 $4,256,052 268,481 $854,000 543,048 CITY COUNCIL CITY OF EAGAN By: Its Mayor Attest: Its Clerk CERTIFICATION $4,524,533 1,397,048 $5,921,581 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 7th day of October, 1986. E.J. VanOverbeke, City Clerk City of Eagan /Z-3 • • 1986 GENERAL PROPERTY TAE LEVY PAYABLE 1987 Special Levies Bonded Indebtedness 1972 ® Park & Fire $69,300 1973 Park 37,400 1979 Fire Station 42,600 1982, Municipal Expansion 129,,800 1984 Park Improvement 563,000 . Sub -Total $815,100 Equipment Certificates 1984,Certificates 38,900 Sub -Total 38,900 Increased Industrial/ Commercial Development 543,048 Sub -Total 543,048 GRAND TOTAL SPECIAL LEVY $1,397,048 ----------------------------------------------------- DEBT ,SERVICE $854,000 40 GENERAL FUND 543,048 TOTAL $1,397,048 ---------- General Levy GENERAL FUND $4,256,052, MAJOR STREET FUND 268,481 TOTAL $4,524,533 GRAND TOTAL 1986/1987 TAE LEVY: $5,921,581 Z5/ Agenda Information Memo, October '7, 1986, City Council Meeting Page Twenty -Nine MINNESOTA VALLEY HUMANE SOCIETY REQUEST H. Minnesota Valley Humane Society Request to Construct an Animal Shelter --A letter with, attachments, found on pages 126 through was received from the Minnesota Valley Human Society. it en Gressman, a Minnesota Valley Humane Society board member, has requested time on the City Council agenda to present and request support from the City of Eagan to construct an animal shelter for the purpose of serving residents in municipalities throughout Dakota County. At the Apple Valley city council meeting on September 25, the • presentation was heard and Mayor Branning suggested that Dakota County mayors meet and discuss a united approach before any further discussion or action is taken. The same presentation will be given to the Burnsville city council on Monday, October 6. There is no specific action required on this item. A direction for consideration might be a county -wide meeting with 1) Mayors, city administrators and representatives of the Dakota County commissionpresent or 2) An evening meeting, at which time city councils, mayors, county commissioners and others could be invited to discuss alternatives for a humane society. It might be difficult to control alternative 2, due to the number of persons who might be in attendance. ACTION TO BE CONSIDERED ON THIS ITEM: Provide direction to the City Administrator and/or the 'Minnesota Valley Humane Society,' regarding construction of an animal shelter in Dakota County. • IN ONTY C G"Vw�tPARe is N"Sc\�C'� 'SNE Soc, r ;J i I • '����`..�_, �-`",._-O 1.�. r. E:f-.a�L,> �,(_. ��� ��-L�.-f,ri_<. r��C-.y.i..-1.�3_�%-L.: /f/ / i L6.-��r,JS—v,_f�-bl-i�'�-.C.P_.l�c.�_ �.�J /�.l` �J-4,-��[' .�� ��.G-i`,y1�.ALC.i^.�� G- 1^J �.t'✓p"t_C'f ��� .9..` ��J,�I �I�C .I._ � ��.. (:.'�-('-['_ .l_/�..P— ✓L.��.d _(.c� .c.,t-l..:f Li-itr�- ..l'_i, �./ [7Li.(�..1_�s�t_`-,l_�I.0 Fes! /(,'" � �1-�-'�'"./�'_c`.(�L, C'l�c c.,.t-�� lil-Ct-i-��,_�i_v.J 'H-�-ti-i�-(-('i�4 ��Cf-/_t/l•.Zi� �-i; J_ L %• d 'c_— ; �F'. r, r-ar�c l_ / -,�.:: -r_ l�.'w_ %L f [/'r c. � c'..el_vr,�'�r . o-(_.-,.C'�\_CSL,[-, CJ l- (:� (,r,�•-<� 0-I ,[.t'-%��c_/.� /c.;) �,�Lr,C-cYiec-.L . lye., �[ y. V- , C, t❑i N T V "I ,, A k\�., . .411"'EtPARNE E SOC-" r -T STA F �'R M tiG�rNEzs f asCest9ro�ih ���2� n M�nnPso UNNESOTA VALLEY HUMANE SOCIETY OF DAKOTA COUNTY Box 423, Rosemount, MN 55068 • TO; THE CITY OF EAGAN rROi•1: iMINNESOTA VALLEY HU MAI:E SOCIETY OR DAKOTA COUNTY county._ It is proposed by the "in. Valley Humane Society of Dakota County, a non-profit corporation of the State of "Minnesota, to construct and operate a full-service animal shelter facility within the County of Dakota, the programs and services of which will be accessible and available to the residents of the county. It is requested by the Minnesota Valley Humane Society that the City of Eagan'--- allocate funds to help support the construction of an animal shelter in. the area of Dakota County. This financial aid is possible and applicable under the provisions of the Minnesota Animal Welfare Statute 343.11., NERD (RATIONALE) ® As animal populations increase, so do the degree and complexity of animal related proplems. The Minnesota Valley Huiane Society of Da.k. Co. is concerned for the welfare of animals, but also recoLrnizes a responsibility to provide necessary proCrams and services to the general public. We further recognize that a wanderinS animal, while not responsible f for its situation, represents a potential menace to public safety and health, and must be controlled. Last year, in the seven -county metro area, more than 80,000 surplus cats and dogs were destroyed at public expense and rather than abating, the problem of surplus animals shows every indication of becoming worse. There is no facility in Dakota County to address the unwanted animal, and opera- tional shelters in Hennepin and Ramsey and WashinSton Co. are no loner able to accept all unwanted animals from our county. In view of this situation, more and more animals are simply abandoned by their owners, becomintt a public problem, eli."ible for the attention of an uncertain and unprepared system of animal control. 174 Proposal to the .CITY OF EAGAN PEED (RATIO"TALE) Cont A possible solution to animal related problems is a active,, strong humane society, capable of meeting these problems head -ori. County and city support of the Minnesota Valley Humane Society shelter is an investment that will be repaid many times. A shelter will allow the Society to receive and care for unwanted animals, provide stability toranimal control, pro ote and a minister rabies vaccination clinics, pnap Y licensing, assistance with animal abuse investiration,provide public education for responsible pet ownership and a centralized lost and found service. Animal related problems do exist in the Dakota County area. The Humane Society telephone line receives calls each day from residents of the county who have unwanted animals, are reporting.stray pets, • have a lost pet, or are reporting cases of possible abuse to an animal. A animal shelter could answer and address these calls which would leave various law enforcements with much needed time to take care of other duties and coi„imitrments; instead of having to deal directly with stray and abandoned animals. SIsHVICES AND CAPACITIES OF THE PROPOSED FACILITY The shelter facility as proposed is an approximate 9,200 square foot structure, combining animal receiving, boldin[;, examination, adoption and euthanization area with attached, but separate, administration and public meeting*, areas. Its capacity for animals will be about 13.000 per ,year, with a maximum daily capacity of 146 animals. The method of euthanization trill be infection, universally accepted as the most humane of various methods in use. The humane society will operate an expanded investigations division, utilizinir State -licensed investi-,ators who will respond to complaints of abuse to animals and work cooperatively with the local law enforcement ar_encies in the resolution of complaints. The facility will offer rabies va%ination clinics., administered by cooperating veterinarians who will issue appropriate certificates. Shelter personnel will assist in the identification, recovery and observation of animals that have bitten people and where rabies is a potential hazard. The shelter will provide a centralized, county -wide "lost and found” service, greatly increasing the odds of lost pets being recovered by their owners. 121 Proposal to the CITY OF EAGAN -PAGE 3 SERVICES AMD CAPACITIES (con' -t) A shelter will provide the Society with the capability of animal control contract manaZement, which we otherwise will not have. All animal receiving and adoption services will be available. Public education programs, designed to familiarize people of all a -es with animal behavior and the proper care of animals will be offered both on-site and at other locations throughout the county. SUMMARY ® A full-service anima -1 shelter facility benefits the entire population of a community, not only those who own pets. Non -pet owners,will be served by an expected reduction in the number of uncontrolled animals, a more effective rabies vaccination and licensing program, and a increased awaAess of pet ownership responsibility on the part of those who do keep pets. llhile there will continue to be irresponsible pet owners and there- fore, animal related oroblems, the shelter will provide a direct resource to the cities of Dakota County which can more effectively address these situations than those systems now in place. The Idn. Valley Humane Society has provided pro. -rams and services directed toward animal -welfare and public education since May, 1981.. During this time, the human population increase in the county has broul?ht an increased animal population and, as both populations continue to grow, so does the complexity of animal -related problems. A -shelter is not a luxury-- it is a necessity. The shelters in the nei-hborinl* counties are no lonZer able to accept unwanted animals from our area as they have done in the past, the numbers are too great. We ask support from Eagan ---- because we believe that services in animal care, shelter and control are essential. We appreciate your consideration and hope for your support. Respectfully Submitted, MINNcSOTA VALLEY TIUMANE SOCIETY OF 'DAKOTA COUNTY X30 PREVENTION OF CRUELTY § 343.11 .§81 et seq. § 11 etteq. :tion shall make a numbered year, to ,gs for the preyed- '• i § 65a1. 274, § 5. Is § 81 ct seq. § 11 et seq. Library References A lliumis <'a30. C.J.S. Animals § 81 ct seq. Infmits C=33, 17. C.J.S. Infants § 11 et seq. Notes of Decisions I. Construction and application within the county. It, as n mutter Of fact, n purported OD-1Cty.Oen., ]^-5b-35, Sept. 5, 1062. Lumnne society, organized under § :117.61 et scq., was formed for the Animal rescue lengue organized un - purpose of preventing cruelty to nnl- der this section was a purely public mals or children, n county board charity within Const, arL 0, 1 1 .ould properly npproprinte money for granting exemption from taxation. its use for work done exclusively Op.Atty.Omt., 41.1-A-10, Jan. :,, 10:12. 343.11 Acquisition of property, appropriations Every county society for the prevention of cruelty to children and animals may acquire, by purchase, gift, grant, or devise, and ]sold, use, or convey, real estate and personal property, and lease, mortgage, sell, or use the same in any manner conducive to its interest, to the same extent as natural persons. The county 22 M-S.A.-26 401 136 -0 %. 343.09 Acceptance if the humane society shall accept the provisions of sections + 3-13.0.1 to 3,13.08, it shall certify its acceptance of the same to the I ctlsegq. secretary of state and the state auditor. = Historical Note may carry a con- pout violating such _ Derivation: § 7033. Ccn.St."13, § 6562. lcn., 201-A-2, July .. St,1027, (;cii,81.1023, § 7033. Laws IOU,, c. 274, § 6. Library References -- Animals P30. C.J.S. Animals § 81 ct seq. Infants «131 17. C.J.S. Infants § 11 ct scq. on' shall hold its vember, in each 343.10 county societies the state which for the of cruelty to children and ie transaction of , ''; 1 County societies prevention may be formed in any county by not less than seven in- lhich meeting all animals and the members, at a meeting called for that pur- ion in the state corporators, not less than three of their number directors, ,1• pose, may elect their successors have qualified. { lvho shall continue in office until Note CC Historical Derivation: st.1027, § 7034. Itev.f.na'.s lgo.5, 4.1126. 65G0. (7ca.Ft.102:I, § 7034. I1en.Sl.1S114, § 3017. Laws 1SS% c. 124, § 3. 74,5 4. _ Ccn.14.1013, § 6503. .§81 et seq. § 11 etteq. :tion shall make a numbered year, to ,gs for the preyed- '• i § 65a1. 274, § 5. Is § 81 ct seq. § 11 et seq. Library References A lliumis <'a30. C.J.S. Animals § 81 ct seq. Infmits C=33, 17. C.J.S. Infants § 11 et seq. Notes of Decisions I. Construction and application within the county. It, as n mutter Of fact, n purported OD-1Cty.Oen., ]^-5b-35, Sept. 5, 1062. Lumnne society, organized under § :117.61 et scq., was formed for the Animal rescue lengue organized un - purpose of preventing cruelty to nnl- der this section was a purely public mals or children, n county board charity within Const, arL 0, 1 1 .ould properly npproprinte money for granting exemption from taxation. its use for work done exclusively Op.Atty.Omt., 41.1-A-10, Jan. :,, 10:12. 343.11 Acquisition of property, appropriations Every county society for the prevention of cruelty to children and animals may acquire, by purchase, gift, grant, or devise, and ]sold, use, or convey, real estate and personal property, and lease, mortgage, sell, or use the same in any manner conducive to its interest, to the same extent as natural persons. The county 22 M-S.A.-26 401 136 -0 § 343.11 PREVENTION OF CRUELTY board of any county, or the council of any city or village, In which such societies exist, may, in its discretion, appropriate for, the maintenance and support of such societies in the transaction of the work for which they are organized, any sums of money not otherwise appropriated, not exceeding $2,400 in any one year; provided, that no part of the appropriation shall be expended for the payment of the salary of any officer of the society. In every county of this state having an area of over 5,000 square miles and a population of more than 150,000, such sum of money that may be appropriated in any one year, shall not exceed $4,000. Amended by Laws 1955, c. 366, § 1. Historical Note Derivation: ' St.1927, § 7035. The limitation upon appropriations Gen.SL107.3, 9 7035. by counties having an area of over Gen.SL1013, 9 0504. 5,000 square miles and a population . Laws 1013, c. 31, 9 1. of more than 150,000 was added by Rev.Laws 1905, 9 3127. the 1055 amendment Gen.St.1894, 9 3020. Laws 1880, e. 224, 9 8. Cross References County or municipal appropriations, limitation, see 1471.48. Library References Animals Cm -39. C.J.S. Animals 181 et seq. Infants 0=13, 17. C.J.S. Infants § 11 et seq. Notes of Decisions I. In general mals or children, a county board If, as a matter of fact, a purported could properly appropriate money for humane society, organized under § its use for work done exclusively 317.01 et seq., was formed for the within the county. Op.Atty.Gea.,. purpose of preventing cruelty to aul• 1251-35, SepL 5, 1982 343.12 Duties of peace officers; fees Any member of a county society for the prevention of cruelty.. to children and animals may require, and it shall be the duty of, any sheriff or his deputy, any constable, police officer, or the agent of any such society, state or county, whose appointment has been approved by a judge of probate, to arrest any person found violating the law relative to cruelty to persons or animals and to take possession of any animals in their respective munici-. palities which have been cruelly treated, and deliver the same to. the proper officers of the society. For such services the officers or agents shall be allowed and paid such fees as are allowed for. 402 13� tE ,corporated under chapter incorporation or bylaws a Mich it will operate. At,' thin the designated n the metropolitan area as n 2,.a. designated 3 ghborhood.:,or a: .. ule charter or.statutory .a or combinations:.;; .•a :Sea shall to the extent 3 ievelopment boundaries; I -esidents of the designates 15 to 30 members, unless authoritythata'amaller At least 40 percent Of - hat do not exceed 80 --------------------- ,come and is not greater ------------------------ ,n family income, as Ind the remaining direetot .nanIcial.Community and -the ant of the directors shall Lty,-:and'to the'greatestli sidents of �theodesignated, fho must meat the -income e aldctod by the members.' rectors May elected.by acted by.the iew"iseewe shown in enrolled .act 1985 REGULAR SESSION ^i Ch. -..69 directors who must meet the -income limitations of,thi's::paragraph; ----------------------------------------------------- ande. j,•, r;ta'yq�j8' (a) Hires low income residents of the deslgnnt..... unity to fill non-managerial.and non-professional•positions:;5..�r -,.zJ_• Approved May 6, 1985 ' . .. -... .....' _ .....r.: �'�•'i•2a)4.'tl8:' COUNTY HUMANE SOCIETIES—INCREASED .:5,, _wBw •.. APPROPRIATIONS _CHAPTER 69 a; -H.F. No. 656 .. __.:._ r -AN ACI' relating''to'local government; allowing for arf increase. in the appropriation a -county, may make for .a.county?;o" . " humane 'society in --any year; authorizing the Otter county board to adopt an ordinance for, the control, of az cu dogs and cats; amending Minnesota -Statutes 1984,,-`` section 343.11.:...:.. BT IT,ENACTED-BY-THE. LEGISLATURE ,OF..THE STATE OF: MINNESOTA:.: Sec_ tion 1::'Minnesota:Statutes. 1984, section 30 amended to read:-:,;, - 343.11_:[ACQUISITION OF'. PROPERTY;- APPROPRIATIONS ] "Every county_ society; for'--_the-prevention of cruelty:to animal s.,may-acquire.,-:bypurchase.,,_gift,,, grant,_.or_:devise,'and.; ho.d; use;.or..conveY;�real:estate and personal -property; .and. - lease, mortgage,, sell:,_.or'use_the,.seme_in :any _mannerrcondu_civ,e-. to its interest, to the same extent as natural persons.: The - county board of any;county.,.or the council of :any _city,_in which such societies exist,.:may,, in.its,discretion, .appropriate,,for:,,i the maintenance and support of such societies' in the transaction Undeiseorinn and`MiWeeW'aia Ls'-ahown in anrollad `aeic. 13 Ch. 69 Toth LEGISLATURE of the work for which they are organized, any sums of, money.: Otherwise appropriated,.not-exceeding-54;860-in-any-ane-year to exceed -in any one year the sum of $4,800 or the sum of 50 cents per capita based upon, the county's or city's PoPuaauau of the most recent federal census whichever is greater;; provided, that no part of the appropriation shall be expende for the payment of. the salary of any officer of the society. Sec. 2. COTTER TAIL COUNTY; DOG AND CAT CONTROL.I .. The Otter Tail county board may adopt an ordinance to may contain provisions relating'to the following_ - (a) The county may declare -certain activities of a dol cat off the property of its owner or the person who has iti to be a n possession (b) The county may establish a procedure to'quarantih' control dogs or cats involved in bite cases including procedure for'the humane destruction of'a'dog or'cat which history of -biting more than,on— person'. An administrative hearing allowing due process to the owner or person in %'G osse'ssion of 'the: do of cat must 'occur before.the+destr'uc (c) The sheriff department of oublic.health,:or:thej; ^ail county humane society may impound a dog or cat that. • a nuisance•a.nd provide for its humane destruction if it is reclaimed after five days' notice to its owner.or the per. nas it in possession. - (d) The county may provide misdemeanor penalties for_ ' person who permits a'dog or tattocreate a nuisance.`` q undencerina and eMlheerea am as shown In enrolled ;act -, M -TI M . , `` ' z l I � ti TiP i 1985 REGULAR SESSION C.h. 70 ed, any sums of.. money not (e) The county may provide that the owner or person in . 647600 -in -any -one-year n_t possession of a dog or cat shall be responsible for all the 4 Boo or the sum of 50 costs of confinement, including costs for veterinary services ,s population,as znd rabies immunization, as a result of an impoundment that or pity's . chever greater; �er; occurs under the ordinance. ation shall be expended`:' Sec. 3. JEFFECTIVE DATE.] fficer of the society.. Section 1 of this act is effective the day after final AND CAT'CONTROL.] enactment. to section 2 of this act is effective the day after compliance dopt an ordinance the county. it with Minnesota S tatutes, . section. 645,021, subdivision 3, by the is within . governing body of Otter Tail county. n activities of a dO(L or: Approved May 6,1995 .he person who has it -in -ocedure toAuarantine and, NORTH MANKATO—LIQUOR LICENSE cases including a CHAPTER 70 - )f" a dog or -cat which H.F. No. 698 i. An administ-rative. A ACT N ,ner or person in - relating to• intoxicating liquor; authorizing the city,. of North Mankato.,to issue one short term, on-sale- ar before the destruction:- liquorlicense. ublic health, or •the Ott d a dog or cat that creates BE IT.ENACTED BYTHELEGISLATURE OF THE STATE OF MINNESOTA : destruction if it is not:_ ...... Section 1. [NORTH MANKATO SHORT-TERM LIQUOR LICENSE.] its owneri�or the personawho Notwithstanding any law to the Lntrary,:the city of North Mankato may issue, without fee, to a nonprofit organization or meanor penalties for a --.,oration, one on -sale license for the sale and serving of -eate a nuisance. intoxicating liquor in any building or property of the city of. shown in enrolled set Underscorina.and e4pikeewbs are as shown In enrallod act 187 13F F . f. . . . . . . . . . . Agenda Information Memo, October 7, 1986, City Council Meeting Page Thirty PUBLIC IMPROVEMENT CONTRACTS A. Public Improvement Contracts: Item 1. Contract 86-20, Receive Bids/Award Contract (Windtree 7th Addition) --On September 2, the Council received the bids submitted on August 29, for the installation of streets and utilities to service the proposed Windtree 7th Addition. Enclosed on page is a tabulation of the bids received, showing the comparison of the low bidder to the feasibility report and the engineer's estimate for this project. At that September 2 meeting, the Council continued consideration of award of contract, due to the fact that staff had not yet received an application for final plat approval for the Windtree 7th Addition necessary to dedicate the required easements and right-of-way for these proposed improvements. Subsequent to this continuance, the Public Works Director contacted the developer and informed them of the necessity to proceed with the final plat application to protect the bids received through awarding the contract within the time frame allowed by specifications. Although the developer had approximately 5 weeks notification to submit the final plat application, the staff received the application only just last week. Consequently, the staff has not had adequate time to process the final plat application for Council's consideration on October 7. Because the contractor is only obligated to guarantee his low • bid through October 10, the Public Works Director reviewed the situation with the low bidder, Lake Area Utilities. Subsequently, the low bidder has indicated a willingness to guarantee his unit prices an additional 30 days to allow the developer to process his final plat application before formal action on award or denial of the contract is taken by Council action. This extension of low bid guarantee will be documented in a written letter to be received by staff prior to the October 7 meeting. It will be subject to City revising the various completion dates due to a delay in contract award. ACTION TO BE CONSIDERED ON THIS ITEM: To continue consideration of contract award for Contract 86-20 (Windtree 7th Addition). /�o SZ..:=:: A,z ,-`X'._.-`.. � R:!a„ �.r1 �*-f- ',1 t };'�.Y, �y -,r.+ s. _ ,.= � r�. ;.. �ue� n•^x. r" � Our File No. 49397 NINDTREE 7th ADDITION UTILITY & STREET IMPROVEMENTS'. CITY CONTRACT NO. 86-20 CITY PROJECT NO. 477 EAGAN, MINNESOTA CONTRACTORS 1. Lake Area Utility 2. M & M Sewer & Water 3. S.J. Louis Construction 4. Northdale Construction 5. F.F. Jedlicki 6. Burschville Construction BID TIME: 10:30 A.M., C.D.S.T. BID DATE: Friday,rAuguat 29, 1986 TOTAL BASE BID $223.246.50' 224,414.00 236,998.10 237,984.00 238,177.50 241,301,.00 ENGINEER'S ESTIMATE----------- $242,000.00 Feasibility Report Est ......................... 249,200.00 % under Engineer's Est. .....................,... -7.7% % under Feasibility Report Est ................. -10.4% 7431d / ,/i U 0- Agenda Information Memo„ October 7, 1986, City Council Meeting Page Thirty -One CLARIFY CRITERIA FOR INTEREST RATE REDUCTION PROGRAM B. Clarify Criteria for Interest Rate Reduction Program— Administrative Assistant Hohenstein and the Director of Finance have reviewed the resolution amending guidelines and criteria for interest rate reduction programs. A resolution was approved, as amended on November 20, 1984, but for some reason the amended resolution was never prepared. The two items that were offered as an amendment by the City Council appear to be as follows 1) A blank was left in the following "b. Whether the property surrounding the proposed development is zoned for single family residential housing (R- );" it appears that the blank should include a "1", which refers to an R-1 zoning classification. 2.) This change is in the last page of the attachments which indicates the need to amend the guidelines to include a requirement of "'tax exempt multi -family housing status" prior to interest rate reduction consideration. It appears that this item is already covered to an extent in the fourth paragraph on the bottom of page 1 of the resolution which considers as a part of the findings of fact, whether or not the development is to be financed with tax exempt revenue bonds. A copy of the resolution which amends guidelines and criteria for interest rate reduction programs for multi -family housing developments is enclosed on pages Z43through 116 your review. ACTION TO BE CONSIDERED ON THIS ITEM: To as amended.on November 20, 1984. ratify the resolution " RESOLUTION NO. Amending guidelines and criteria for interest rate reduction programs for multifamily housing developments. WHEREAS, Minnesota Statutes, Section 462.445, Subdivisions 10 to 12 (the "Act") allow housing and redevelopment authorities to establish interest: rate reduction programs to assist the financing of multifamily housing developments; and WHEREAS, the City of Eagan (the "City") has established the Housing and Redevelopment Authority in and for the City of Eagan (the "Authority"); and WHEREAS, the City is interested in encouraging the construction of adequate numbers of rental units to serve the needs of the City; and WHEREAS, some multifamily housing developments may not be economically feasible without financial assistance from the City; and WHEREAS, the City has received a request from a developer for interest rate reduction assistance under the Act; and WHEREAS, the Authority has be resolution adopted regulations for an interest rate reduction program'; and WHEREAS., the Authority desires to modify and expand the guidelines for an interest rate reduction program for multif,amiy housing to more specifically identify criteria to be considered in determining whether to approve. interest rate reduction assistance for any specific multifamily housing development; NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AND ® REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EAGAN THAT: 1. A public hearing to consider an interest rate reduction method of financing shall be considered only after a preliminary plat approved for multi -family housing project is approved by the City Council. 2. In determining whether to approve interest rate reduction assistance for a specific -multifamily housing development, the Authority shall consider the following: a. Whether or not the development is to be financed with tax exempt revenue bonds; b. Whether the property surrounding the proposed development is zones for single family residential. housing (R-_); C. Whether unusual site conditions require excessive site preparation activities prior to construction; d. Whether the proposed rents for units in the /LI3 development, without interest rate reduction assistance are affordable by present or future residents of the City; e. Whether the proposed development is generally supported by the community; f. Any other information which the authority considers relevant. 3. Prior to receiving approval of interest rate reduction assistance, a developer shall demonstrate to the satisfaction of the Authority that either the proposed rents for units in the development will be lower than the rents for comparable units in the City indevelopments which do not receive interest rate reduction assistance or the cost of construction per unit is greater than that of units in a comparable development in the City. 4. Interest Rate Reduction Assistance shall be provided only when it has been demonstrated to the satisfaction of the Authority by the developer that financing for a specific multifamily housing development is not available, either from private lenders or through other governmental programs upon terms and conditions such that the projected rental revenue of the development is sufficient to cover debt service, operating and other expenses and provide a reasonable return on the developer's investment, using reasonable assumptions related to the development. 5. Based upon all information which the Authority may receive about a proposed multifamily development, the Authority shall in its sole discretion determine whether to provide interest rate reduction assistance, and the amount of such assistance to be provided, if any. Interest rate reduction assistance, which is provided, shall be provided in accordance with the provisions of this resolution and of the Act. 6. Any sale or change in partners for an interest rate reduction/tax increment financing issue for multi -family housing requires a new financial statement from the lending institution for a review by the City. • 7. Tax increments may be contributed to an interest rate reduction program for a multifamily housing development for a period not to exceed ten years from the first collection of the tax increment from the development. 8. A sale of the multifamily housing development which received interest rate reduction assistance will require review of whether interest rate reduction assistance can, or will be continued. The terms and conditions for continuation of the assistance upon a sale of the property may be established at the time the interest rate redution assistance is first provided. 9. At the time of sale of the multifamily housing development, or at the end of ten years after the receipt of the first tax increment, or upon the maturity of the bonds issued to finance the multifamily housing project at the option of the Authority the developer shall pay to the Authority repayment of the full amount of interest rate reduction assistance provided to he / �134 developer plus interest at a rate to be determined by the Authority. 10. After payment to the Authority of the amount provided for in paragraph 9 above, to the extent that the appreciated in value of the multifamily housing development is in excess of the amount described in paragraph 9, the developer shall be allowed to receive from the appreciation an amount equal to a specified rate of return on the developer's investment in the multifamily housing development. The rate of return to the developer shall be established prior to the first interest rate reduction payment to the developer. 11. To the extent that appreciation in value of the multifamily housing development exceeds the amounts specified in paragraphs 4 and 5 above, any excess appreciation shall be divided between the developer and the Authority based upon the amount of debt service paid on the financing for the project by the Authority, and the amount of debt service paid by the developer. 12. The amount of interest rate reduction assistance for a specific development shall not exceed fifty percent (508) of the tax increment generated by the development. Adopted this day of , 198 Secretary • Chairman Agenda Information Memo October 7, 1986, City Council meeting Page Thirty -Two SOLID WASTE ABATEMENT COMMISSION APPOINTMENTS C. Additional Appointments to 'Solid Waste Abatement Commission -- The City has received three (3) letters from interested individuals, requesting consideration for an appointment to the Solid Waste Abatement Commission. Their letters are attached on gages / through Mr. Duane Soutor would fill the hauler sland if Toni presently on the Solid Waste Abatement Commission, is classified as a representative of a local service organization, two vacancies would exist on the Commission for residents. The other two applicants, Mr. Yehle and Mr. Hoel, would qualify for these vacancies. ACTION TO BE. CONSIDERED ON THIS ITEM: To consider the appointment of Messrs. Soutor, Yehle and Hoel as members of the Solid Waste Abatement Commission. 4 4300 E. 665TH STREET • INVER GROVE HEIGHTS. MINN. 55075 • 612-455-8634 _rornL,;•,;ers August 22, 1986 Jon Hohenstein City of Eagan �. Eagan, MW 55123 SUBJECT: Eagan Solid Waste Abatement Commission Dear Sir: I would be interested in serving on i-.- ,;. this committee. I am a resident of Eagan: 650 Atlantic Hills Drive. am a co-owner of Action Disposal, a commercial and industrial waste Opoa Fo, Roll-Ofl hauling company. We have been in business for 18 years. You may contact me at my office 455-8634 or home 454-7342. II I VIII Thank you for your time. Sctlonary Packer Sincerely, Duane Soutor Rafase Container City Administrator 3830 Pilot Knob Road Eagan Mn. 55122 Dear City Administrator I would like to become a member of the Solid Waste Abatement Commission. Although I have no training in the area I understand the importance of recycling,the need to reduce usage of our resources, and for better utilization of use our landfill sites. I can be contacted at either my home 452-4746 or my office 921-6684, for any further information. -,77 , Thom J � Yehle 4722 ea con Hill Road. Eagan 5 �0ry.• L��.-ice a.Cr3-'-.-e. Ir•� `7(?.C_!�4(. a -a, a. -r C� �n.C�t:.c �L 1 c.+ �L'�, �Ca-`(•'-� `• LC.� (✓J�- f-�•'L"J-e�--�•.ai1rM.1-..a � •�r!`�%Li .1.4.1:-C_ISwA.. � / �( L, {J,..T�-I f•. V )Aa.-a.w_ r 7 (p_�d_l.-v`••. 1. V:.Ca.:•o-e �!C •1 f+�`c�l /�.� Ld_211LJ1 l C; _,�,,��,•.4:: .i c.•(Ts�tra•n ( 4 j P• L Lr.�•AC.t4ei C� C a.:.rt „ Lt_t..r\ a_� e�-c.�.-• t� c7c �l c...xe-e . ; t� r{_. -K� � /[� � L•l • ��Jtra,.a•c•`_ Lai Y;/�• 5 �: C.Y. i.l.�Jl.r�d c - I, r � CrAL ,:l'-.:.d,%:�•. •r `�•I: 1. .[�rv(-L. ��-cr--�.. _I'�� �_i� � 'Y� ��ZD�L.r` c*O•c; -7 ;.-I- /'Zc r.�.e . c�a�• y u-ct��o- t 1p �J (-l_••C-• •4L' ,Y• ( � /�[�a, /L.@,Qy1�.Cya. c.. \ _r(.: er C:. •� y�Yl•4•^Lt�j-4l C:r l -j /'�.O-[. � (�., �%(,•' bG. 1.1.,�. �J a�.d�i'r .a.a., c.�,V'J44�?•l-l_ ' r pp n, ( /S? �cz aN. Pkn. 5rgra3 Agenda Information Memo, October 7, 1986, City Council Meeting Page Thirty -Three GRADING PERMIT APPLICATION #EX1-216 (NORTHWEST AIRLINES) D. Grading Permit Application #EX1-216 (Northwest Airlines) -- Northwest Airlines is proposing to expand their development in the Lone Oak Addition in the extreme northeast corner of the City of Eagan. Representatives of Northwest Airlines Incorporated will be at the meeting to present and discuss with the Council their proposed expansion plans. Because of the close approaching end to the current construction season, if their proposed concept plans for expansion are received favorably, they would like to proceed with an application for a grading permit to allow the earth moving operations to begin and proceed during their formal replatting application process. • All application materials necessary for this grading permit issuance have been reviewed by staff and found to be in conformance with City standards and codes. Notice has been sent to all adjacent affected property owners informing them of possible Council consideration of this grading permit on October 7. It is antici- pated that several property owners will be represented to review this proposed grading plan with the Council at this meeting. Recently, the Council discussed a revision to the grading permit application process, indicating that grading permit applications that have not had an opportunity to be reviewed during the develop- ment application processing through the Planning Commission and Council, should be processed separately through the Planning Commission and Council for the public hearing and related input. However, a date of implementation of this new policy was not formally addressed. It is staffs recommendation that the implementation of this new policy be initiated January 1, 1987, to preclude any problems associated with those developments that were not made aware of this policy change prior to their expeditious scheduling at the end of this construction season. However, if the Council determines that the new policy was to be effective immediately, it would be necessary to approve a variance to this procedure in the issuance of the grading permit. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/continue/deny grading permit #EX1-216 (Northwest Airlines) and if appropriate, approve a variance to the permit issuance process. BOO MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 3, 1986 SUBJECT: INFORMATIVE PARKS & RECREATION DEPARTMENT/HISTORY OF GRANTS At the request of the City Administrator, a history of parkland grants was prepared and is enclosed on page for your reference. The grand total of grants received by the City of Eagan is approx- imately $1,120,000. FIRE DEPARTMENT REPORTS Enclosed on pages)64through/_I�g is a copy of the Fire Department monthly reports for May through'July. • CLEAN-UP AND RECYCLING DAY Enclosed on page 157 is a copy of a flyer that was distributed throughout the conutunity promoting Clean -Up and Recycling Day scheduled for Saturday, October 11. PROTECTIVE INSPECTIONS REPORT Enclosed on pages/5�through1LJ, is a copy of the Protective Inspections Report for August. JOHN Wilkins Letter Enclosed on page is a copy of a letter from John Wilkins to Carl Tollefson that Mr. Wilkins has asked the City Council to receive for review. LAND USE COMPATIBILITY CRITERIA IN STRATEGIES FOR THE PART 150 STUDY At the Joint Airport Noise/City Council meeting, Administrative Assistant Hohenstein presented information relative to the Part 150 Study., There was a great deal of discussion regarding land use compatibility criteria relating to the air traffic corridors and more importantly, the present and proposed operations that are and will be approved for departures from the international airport. Administrative Assistant Hohenstein has collected data and provided a report in letter form to the Metropolitan Airports Commission which addresses the City of Eagan's response to the land use compatibility criteria and strategies, for the Part 150 study. For a copy of this report, refer to pages through /51 MLC UPDATE Enclosed without page number is a copy of an MLC Update. PUBLIC FINANCIAL SYSTEMS Enclosed without page number is a copy of a newsletter as prepared by Public Financial Systems. /s/ Thomas L. Hedges City Administrator l5Y i CITY OF EAGAN PARKS AND RECREATION HISTORY OF GRANTS YEAR OF GRANT NAME OF PROJECT TYPE FUNDING SECURE * AMOUNT TENATIVE YEAR COMPLETED 1986 Thomas Lake Development LAWCON/LLMR $330,000 (Tentative) 1984 Trapp Farm Park Development LAHCON/LCHR $165,000. 1986 1983 Fish Lake Park Development LCHR f 38,000. 1986 1982 Rahn Park Development LAUCON/LCMR $ 79,750. 1986 1981 Rahn Park Acquisition LCMR f 96,750. 1982 1980-81 Rahn — Thomas Trail — Phase 1 6 2 Development Development n[ LCMR LCMR $ 61,250. 1982 1979 Rahn Tennis Courts Development LCMR f 22,500. 1979 1979 Coachman Park Acquisition LAWCON/LCNR $ 99,750. 1979 1978 Northviev Park Acquisition/Dev.LAWCON/LGMR $100,000. 1979 1977 Patrick Eagan Park Acquisition LAWCON/LGMR $140,500. 1977 1977 Pilot Knob Trails Development P Minnesota Dept. of Transportation $ 15,000. 1978 1973-74 Blackhavk Park Acquisition H.U.O. • AMOUNT REPRESENTING GRANT AID, AND NOT PROJECT COSTS sc RECORDS ARE NOT CLEAR, BUT APPARENTLY THE DEPARTMENT ALSO RECEIVED FUNDS FROM H.U.D., TO HELP ACQUIRE BLACKHANK PARK. FURTHER RESEARCH BY THE CITY CLERK WILL BE NECESSARY TO VERIFY THE YEAR AND THE AMOUNT. _r l � 3l 7. EAGAN VOLUNTEER FIRE DEPARTMENT MONTHLY REPORT FOR MONTH OF Mav 1986 UUMIDOR -14 Fire/Rescue 945 Training 393 Truck & Equignent Maintenance 140 Station Maintenance 151 Fire Prevention 30 Administrative 372 TOTAL 2,031 STATION $1. Chiefs 1 Available Days 9 Available Nights 11 Available Rotating 2 On Leave 2 Rookies 0 TOTAL 25 FIRM/RESCUE TYPE NURSER Structure 5 Grass 2 vehicle 8 False- 14 Medical 10 Other 7 ,SAL 46 LARGE DOLLAR LOSSES DATE NAME LOCATION 5/26/86 1136 Westbury Cir. 5/6/86 Delores & Eric / r STATION #2 1 4 15 1 1 0 22 $ LASS 5,000 2,000 $7,000 OCCUPANCY House Truck STATION #3 • 1 6 9 2 0 0 18 $ LASS $5,000 '41,500 s �• �... is o � � • e •� FOR • OF TYPE MAN HOURS Fire/Rescue 780 Training 393 Truck 6 Equipment Maintenance 154 Station Maintenance 130 Fire Prevention 0 Administrative 366 R•G"WU ® MANPOWER Chiefs Available Days Available.Nights Availahle.Rotating On Leave Rookies TOTAL FIWRESCUE TYPE Structure Grass Vehicle False Medical Other TOTAL lig`; etaly—pe p".aF•�, 1,823 STATION #1 1 9 11 2 2 0 25 7 3 9 15 10 8 52 DATE NAME LOCATION 06/02/86 City View 35 06/06/86 Kingswood Road 06/09/86 South Lexington 06/18/86 Amaryllis Lane 06/21/86 Blue Berry Lane �5J STATION 92 1 4 15 T 0 22 $ LOSS $41,600 3,200 $44,800 OCCUPANCY Townhouse Tractor Truck Car in garage Cave in STATION #3 1 6 9 2 0 0 18 $25,000 1,500 1,000 1,500 15,000 EAGAN VOLUNTEER FIRE DEPARTMENT MONTHLY REPORT FOR MONTH OF July, 1986 WORK PERFORMED TYPE MAN HOURS Fire/Rescue 496 Training 409 Truck & Equipment Maintenance 149 Station Maintenance 150 Fire Prevention 45 Administrative 223 TOTAL MANPOWER .Available Nights Available Days Available Days and Nights Available Rotating On Leave Rookies TOTAL FIRE/RESCUE TYPE Structure Grass Vehicle False Medical Other TOTAL LARGE DOLLAR LOSSES DATE NAME none 1,472 STATION #1 9 6 3 0 0 STATION #2 12 5 4 21 23 NUMBER $ LOSS 7 500 1 17 9 3 39 $ 500 LOCATION OCCUPANCY /jr/c ; STATION # 9 3 2 0 V 17 $ LOSS CITY OF EAGAN CLEAN UP AND RECYCLING DAY Saturday, October 11, 1986 9:00 AM to 2:00 PM New City Hall Parking Lot Enter from Pilot Knob Road The City of Eagam, In cooperation with Beerman Services and' Goodwill Industries; is sponsoring Clean Up and Recycling Day to prov-ide an outlet for variety of recyclable and reuseable householditems which accumulate around the home. If you have any of the items listed below, bring them to the New City Hall for disposal on Clean Up and Recycling.Day. SEPARATED RECYCLABLES ACCEPTED AT NO CHARGE Cans and Hstais Nsssp�sr Clan Sorted by Calor Unwed Cardboard clson Rags Office ® Paper and Nall Clothing Toys Usable Furalturs small Appplieacew Dishes Housewares oorking Ws Tree Liebe and Trucks — 1'— 60 Is dleseter Leaves Grass Clippings Garda Oastea ITEMS ACCEPTED AT A CHARGEApTO OtlINER 1 ordTPrIa mild Tro TBoates Over 61 dlassIsr'(11y leadd siu; i oa rai w. 9 J No Ordinary Trash, Garbage, Twigs or Drain Oil Please No Trucks Over One Ton For More Information, Call Jon Hohenstein /,'5'7 PROTECTIVE NUMBER OF PERMITS ISSUED MONTHLY REPORT - AUGUST 1986 THIS MONTH YEAR-TO-DATE Building 154 1,130 Electrical 171 1,208 Plumbing 151 900 HVAC 168 1,044 Water Softener 15 186 Signs 14 70 Well, Cesspool, Septic Tank 0 1 NATURE OF BUILDING PERMITS ISSUED Irk P�S 1 TYPE NO. VALUATION PERMIT FEE PLAN REV FEE TOTAL FEES 6 FOUNDATION 0 $ 663 SINGLE FAMILY 91 7,441,000 $ 34,223.50 $ 17,106.25 $ 199,263.7` 28 DUPLEX 2 154,000 728.00 364.00 4,338.0( 157 TOWNHOUSE 12 2,532,000 8,267.00 4,183.50 85, 5( 9 CONDO 1 778,000 2,128.00 1,064.00 25,389.0( 1 APT BLDGS 0 0 AGRICULTURAL - 0 17 COMMERCIAL 2 14,005,000 35,233.50 17,591.50 132,016.5( 46 COMM/IND REMODEL 8 204,544 1,235.00 555.25 1,895.7` 4 COMM/IND ADDITION 1 222,000 738.00 369.00 1,218.00 0 INDUSTRIAL 0 0 10 INSTITUTIONAL PUBLIC FACILITIES 0 7 1,583,000 50.50 ----- 6,047.0( 23 RES. GARAGES 3 23,000 199.50 ---- 211.0( 19 RES. ADDITIONS 4 67,000 478.00 :_210:75 722.2' 18 SWIM POOL 4 52,900 400.00 82.25 508.7` 127 MISCELLANEOUS 18 67,168 769.50 ---- 809.0( 0 DEMOLISH 0 2 HOUSE MOVES 1 ---- 15.00 -=--- 15.0( 1,130 TOTALS 154 27,129,612 84,465.50 41,526.5C 457,637.5C YEAR-TO-DATE 117,886,080 452,512.00 218,644.95 2,894,169.4' P�S 1 PROTECTIVE INSPECTIONS — MONTHLY REPORT DATE AUGUST 1986 MOLTT—FAMILY BREAKDOWN TYPE ■ OF PERMITS 0 OF BUILDINGS i OF UNITS VALUATION PERMIT FEES SURCHARGE PLAN REVIEW FEES TOTAL FEES DUPLEX 2 1 2 $ 154,000 $ 728.00. 77.00 $ 364.00 $ 4.,338.00 4—PLEX L 1, B 30, SECT 17 6—PLEX 2 2 12 634,000 1,951.00 317.00 975.50 21,495.50 7—PLEX 7 1 7 308,000 1,792.00 154.00 896.00 13,489.00 8—PLEX 2 2 16 974,000 2,801.00 487.00 1,450.50 29,074.50 12 UNIT 1 1 12 616,000 1,723.00 308.00 861.50 21,144.50 16 KNIT 1 1 16 778,000 2,128.00 389.00 1,064.00 25,389.0tv TEALS15 8 65 3,464,000f — 11,123.00 1,732.00 5,611.50 114,930.5 COMMERCIAL/INDUSTRIAL & INSTITUTIONAL BREAKDOWN PERMIT / ADDRESS ✓4 LEGAL OWNER VALUATION FEE SURCHARGE FEES TOTAL. FEES OCCUP. 12505 3584 KENNEBEC DR L. WENZEL $ 5,000 $ 50.50 2.50 -- 53.00 P.F. IMP. L 1, B 30, SECT 17 3501 COACHMAN RD 12487 L 1, B 28, SECT 16 CITY OF EAGAN 1,200,000 N/A 580.00 N/A 3,905.00 P.F. NEW 12449 4391 LEXINGTON AVE I. 015, B 30, SECT 26 CITY OF EAGAN 82,000 N/A 41.00 N/A 516.00 P.F. NEt 12450 841 WILDERNESS RD CITY OF EAGAN 83,000 N/A 41.50 N/A 41.50 P.F. NEW L 023., B 75, SECT 26 841 WILDERNESS RD 12451 L 023, B 75, SECT 26 CITY OF EAGAN 76,000 N/A 38.00 N/A 513.00 P.F. NEW 12452 4440 NICOLS RD L 012 B 76 SECT 30 CITY OF EAGAN 54,000 N/A 27.00 N/A 502.00 P.F. NEW 12453 980 NORTIIVIEW PARK RD OF EAGAN 83,000 N/A 41.50 N/A 516.50 P.F. NEW L 012 B 52 SECT 23 CITY 12410 3199 PILOT KNOB RD SPERRY CO 14,000,000 35,183. 1,950.00 17,391.50 131,963.50 COMM NEW L 1 B 1, SPERRY PARK 12392 1075 LONE OAK RD i. 3, n 1, REI,I. LEXINGTON - NW BELL TELE 5,000 �1 50.50 2.50 ------- - - 53.00 COMM NEW r(1MMRRrTAT./TNM7RTRTAT. L TNRTTTTTTTONAL BREAKDOWN BLDG PERMIT STATE PLAN REV PERMIT # ADDRESS & LEGAL OWNER VALUATION FEE SURCHARGE FEES TOTAL FEES OCCUP. 12533 3045 SIBLEY MEM HWY LULL ENGR $ 222,000 738.00 111.00 369.00 1,218.0c COMM ADD L 1 B 26 SECT 9 12499 1284 TOWN CTR DR FED. LAND CO 1,344 23.50 1.00 24.5 COMM IMP L 2 B 1 T.C. 70 2ND _ 1275 CORP CTR DR 12489 OPUS CORP 75,000 358.00 37.50 179.00 574.5 COMM IMP L 141 B'03 EAG CTR PK 1 12469 2121 CLIFF DR FED. LAND CO 7,500 68.50 4.00 - 74.5 COMM IMP L 1 B 1 CED CLIFF COMM K TOWN CTR DR 12463 L 2, B 1, T.C. 70 2ND ADD FED. LAND CO 18,500 134.50 9.50 67.25 211.2 COMM IMP 12503 1380 CORP CTR CURVE L 2, B 2, EAG OFC PK 2ND NW MUT'L LIFE 43,200 256.00 22.00 128.00 406.0 COMM IMP 12427 4178 KNOB DR L 2, B 2, KNOB HILL PROF RUD, DR JEFF 18,000 128.50 9.00 64.25 201.7 COMM IMP 12534 1312 TOWN CENTRE DR FED. LAND CO 39,000 233.50 19.50 116.75 369.7 COMM IMP L 2 B 1 T.C. 70 2ND 12429 3938 BEAU D'RUE DR D.C.R. CO 2,000 32.50 1.00 33.5 COMM IMP L 2, B 10, SECT 19 v v sy, urlE.tt k tY f PROTECTIVE INSPECTIONS - MONTHLY INFORMATION DATE: AUGUST 1995 MULTI -FAMILY BREAKDOWN: o SUR- PLAN [HECK NUMBER NUMBER OF NUMBER OF UNITS VALUATIONS PERMIT FEES CHARGE FEES TOTAL FEES TYPE OF PERMITS BUILDINGS FEE CHARGE FEES TOTAL FEES OCCUPAN' 4 -UNIT g L 8 450,000 2,414.00 225.00 1,207.00 15,548.0( TOWNHOUSE 965 DIFFLEY RD 20,000 3 140.50 3 10.00 f 70.25 S 220.7 INST 6 -UNIT 0 I.S.D #196 3 TOWNHOUSE 1101 TOWN CENTRE DR EAGAN C.W. 140.00 441.50 9,577.50 INST 8 -UNIT 34 6 48 2,085,000 6,310.50 1,042.50 3,155.25 67,148.2: TOWNHOUSE I325 EACANOALE CT ALSCOR 1NVEST ' 540.00 1,466.50 20,071.50 COMM APT. OR B 1 EAG CTR IND PK 7 JOINT VENTURE 1,110,000 2,933.00 CONDO 0 SCHUNGEN'S 500,000 1,437.00 250.00 716.50 9,186.50 COMM "NOME L 1, B 1, OAK CLIFF 3 AMOCO 26 f 1,546,000 $ 8,072.00 f 773.00 f 4,036.00 $ 51,791.01 TWIN 26 13 38,000 229.00 19.00 114.50alll�. v01 N L 19, B B, CEO CRY #2 24 82 $ 4,081,000 3 16,796.50 3 2.040.50 f 8,398.25 $ 134,787.2 TOTALS 68 U.S. SWIM B 256.00 22.00 128.00 CONMERCLV., INDUSTRIAL ANU Inalil ui avnxL o n n O PERMIT SUR- PLAN CHECK I BUILDING FEE CHARGE FEES TOTAL FEES OCCUPAN' PERMIT I ADDRESS 6 LEGAL OWNER VALUATIONS m m o0acmao 965 DIFFLEY RD 20,000 3 140.50 3 10.00 f 70.25 S 220.7 INST lU8 ]6 L 1, B 53, SECT 23 I.S.D #196 3 O 1101 TOWN CENTRE DR EAGAN C.W. 140.00 441.50 9,577.50 INST 10074 B 2 TOWN CENTRE 100 RT ER P 280,000 883.00 N _ J I325 EACANOALE CT ALSCOR 1NVEST ' 540.00 1,466.50 20,071.50 COMM 10810 B 1 EAG CTR IND PK 7 JOINT VENTURE 1,110,000 2,933.00 4600 SLATER -RD SCHUNGEN'S 500,000 1,437.00 250.00 716.50 9,186.50 COMM 10818 L 1, B 1, OAK CLIFF 3 AMOCO I1 10828 4206 NICOLS RD 38,000 229.00 19.00 114.50alll�. v01 N L 19, B B, CEO CRY #2 Q PETROLEUM 6 N 1/01 O O 3970 SIB MEH NWY U.S. SWIM B 256.00 22.00 128.00 10846 E T 19 FITNESS 44,000 ,6 3200 PILOT KNOB RD SNIFFLES INC 1,385 23.50 1.00 - P n 10799 L 2 B 50 SECT 10 N C N 2600 EAGAN WOODS DR EAGAN LAND 1,210.00 3,904.001813 0 n 0 N 10712 L l B 1, EAGAN WOODS OFC LTD PARTNERSH J 050 000 7,808.00 0 0 o O TRAILWAY OR WALNUT 54,000 295.00 2].00 147.50I P 10765 L 7, B 1, BLACKHAWK TH AP 0 V 0 3500 COMB ERV DR R.L. JOHNSON 2,000,000 5,183.00 900.D0 2,591.50 49,fi32.50 COMM 10787 L 1, B 1, R.L.JOHNSON #2 d Z m � .0 49.632.50 COMM 10788 1750 YANKEE DOODLE ND K.L. VN ,wa, w ......... •��•�� . •-- L 1, B 1, R.L. JOHNSON #2 INVESTMENT CO Imo J� n n O +1 Q N N O o m m o0acmao w W n O N N O LO'1 W 1J N N _ J v P n O rc I1 1 N O v01 N On 6 N 1/01 O O i ,6 rn Z; N � P n i N C N 6 0 n 0 N o n h n n N o O 0 0 0 o O m P J 6 P 0 V 0 7 � d Z m � o M N 0 o N c G o ^ G m WM ` F y J N W S m Wj V V 0 � M V 6 6 V ¢ 6 IA m H F C O ¢ O a O N N ^ L 6 L O '.. V C• G O 7 L .0 O W Ypp n ti U 9 G m N L L H W It o - M r -I LL E V 06 C mEL V E m N L V E E 4'O�✓m.4 U Y^ C .1 f N t n n O +1 0 F• o m m w W n O N N O LO'1 _ J v n O rc w N O v01 N On N 1/01 O O ,6 i 6 0 n 0 N o n h n n N o O 0 0 0 o O m P J 6 P 0 V 0 d Z m � o 0 0 o N o O ^ WM F y J N W S •.1 K V V 6 � M V 6 6 V ¢ 6 IA nl Z VI •0 � F C H O N ^ 0 N ---z V BUILDING PERMIT SUR- PLAN REV PERMIT b ADDRESS 8 LECAL ONNER VALUATION FEE CRARCE FEES TOTAL FEES TYPE 1(9 1580 CENTURY POINT KRECATSKY BROS L 1 B 2, CENTURY ADD INVESTMENT CO $410.000 $1,208.00 $205.00 $604.00 $7,454.00 COM 10867 915 YANKEE DOODLE RD NORTHWEST MIOLE- -2, L 33, B 4, RAG CTR IND SALE LUMBER 50.000 283.00 25.00 141.50 449.50 COMM PARK #4 . . .... .... • 7. Don Jensen 717 Ethel Wausau„ Wisc.54401 (715) 845-4835 (612) 452-6186 John P. Wilkins 11976 Riverwood Drive Burnsville, MN 55337 (612) 452-6186 September 16, 1986 Carl Tollefson Tollefson Builders 12617 Fairgreen Ave. Apple Valley, Mn: 55124 Dear Mr. Tollefson: I appreciate you sending Joanne to discuss my letter of August 25, 1986. She has shown concern for our problems. The only concern of ours that has been addressed; so far, is the water leakage. A gutter system has been installed on the back roof lines of our home. While we appreciate the action taken, the gutter system has not corrected the problem. After several day's of rain, we still have severe water leakage. The three season proch is seeping water on all four walls. The adjoining family room is also still absorbing water in the drywall by both doors, as well as in the walkout level family room. It seems obvious that the problem is moreserious and complex and requires an architectural correction. Although we have met with your sister, Joanne, regarding our concerns, we have not been given any firm date by which these problems • will be corrected. Most importantly, no one has addressed the drainage, problems in our back yard and east side yard that are presently killing our trees. With winter approaching, we feel time is of the essence in correcting and repairing the problems we have discussed. I would appreciate a prompt reply and a timetable for completion of repairs. For a list of these repairs, please refer to my letter of August 25, 1986., If we have not received a reply by September 24, 1986. all further communication with Tollefson Builders will be handled by my attorneys. Sincerely, John Wilkins cc: Kampmeyer & O'Connor Mrs. Bea Bloomquist /2 Eagan, City Council city' of alag n 3830 PILOT KNOB ROAD. P.O. BOX 21199 BEA BLOMOUIST EAGAN, MINNESOTA 55121 Mayor PHONE: (612) 454-8100 THOMAS EGAN JAMES A, SMITH VIC ELLISON September 17, 1986 THCODORE�BrnoeWACHSER ouncilTHOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk MR MARK RYAN METROPOLITAN AIRPORTS COMMISSION 6040 28TH AVENUE SOUTH MINNEAPOLIS MN 55450 Re: Land use Compatibility Criteria and Strategies for the Part 150 Study Dear Mark: This letter shall serve as an initial response on the part of the City of Eagan to the above-mentioned working paper. I have asked City Planner Runkle to review the document as well and his comments will be forwarded to you as well. Let me begin by saying that the intent of the Part 150 and its general direction has been positive. However, as we enter the review phase, there are many issues which remain unresolved in the view of the City. I have categorized these concerns in the areas of assumptions, strategy and implementation. I. ASSUMPTIONS A. The validity of the Ldn contours prepared by the Airport's consultant is dubious as the apparent flight track assumptions are not consistent with current operations. It would appear from the shape and size of the Ldn 70 contour that HNTB has. assumed a concentration of aircraft along a 105 degree heading departing Runway 11R and at runway heading from Runway 11L. While this is a procedure which would be preferred by both communities, I doubt whether it is followed operationally with any consistency. I realize that this is an oversimplification of an expensive and complicated noise model but the shape of the contour speaks for itself. The result of these assumptions is that the Ldn 70 contour remains outside of most of the residential neighborhoods of Eagan including the McKee Addition which lies between the extended runway center lines at the three mile turn point. The City does not want to encourage noise impacts in its residential areas but it does insist that the contours reflect the ground side situation adequately so as to provide the potential for corrective actions where they are needed. THE LONE OAK TREE.. THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Aside from the convenience with which the contour bypasses the residential neighborhoods adjacent to the corridor, a comparison of the 1977 base case Ldn contours from the Operations Plan prepared by HNTB in 1981 indicates that the contours currently being generated under operational conditions of higher frequency and duration are much narrower then the contours generated in 1981. Enclosed for your consideration are'two Ldn 65 contour maps from the 1981 plan which reflect a much, broader impact area despite a narrower operational area. The south edge of the current Ldn 65 contour is virtually identical to that of the 1977 base line despite standard operations on Runway 11R which are 5 - 10 degrees south of the 1977 assumptions. These comments clearly illustrate the need for a reference to the operational component within the land use component which recognizes the validity of the left turn flight track modification from 11L and R as a noise abatement procedure. Only through such a clarified procedure can land use assumptions in the study be valid. B. Elevation differentials should be included in contour preparation. Eagan's elevations in the noise affected area average in excess of 50 feet above the airport elevation. Such differentials may account for 10-158 of an aircraft's al.titude above airport elev,ation. Obviously the sound envelope will be broader if the actual altitude above grade is considered. C. The composite land use compatibility map shows many parcels in Eagan as vacant (V) which have been developed since the last comprehensive land use guide plan revision in 1980. The current update is underway andwill reflect the development of many of these parcels. It is essential that HNTB do follow up work with City staff to indicate the current development picture and overcome the impression that 40 certain areas immediately south of the Ldn 65 contour remain undeveloped. All development within the Ldn 65 contour since 1980 has been compatible with the Met Council's respective noise zone. However, the need for an accurate overall impression of the area and the potential for adding the Ldn 60 as a planning contour raises the importance of showing currently developed parcels whereever they exist. D. The current attempt to meld the Metropolitan Council Leq policy contour and the federal Ldn contours as a working basis for the Part 150 is likely to prove unworkable. Despite the fact that the contours are roughly congruent at the current time, the potential for them to be incongruent in the future reduces the viability of this effort. Each contour depends not only on a different metric but on unique political processes and time frames for their revision and updating. Cities could find themselves in the untenable situation of being complient with one and not the other or, through operational changes, allowing development which becomes incompatible with the policy contour while remaining ineligible for the corrective alternatives available to residences within the Ldn 70. Moreover, it is possible that the congruence of the contours is entirely coincidental if one recognizes that the Metropolitan Council contours were based on a 105 degree magnetic heading the runway and that thePlanning magnetic vectoring from aHNTB assumptions provide fo from runway Point one r a 105 Y end as is depicted in the enclosed down range from the flight track map. II. STRATEGY A. The strategy focuses in a large part on preventive elements Of land use which the Metropolitan Council already Within its policy contours. The City of Ea With those guidelines. Y requires only limited Corrective elements re a compliant residential areas. are restricted to an recognizes the significant andWhile the Cit south Minneapolis and Richfield aree Profound impact that areasy Of ofCity's position that the are experiencing, it is southeast of the concentration of traffic the contours airport and the dubious nature of the as presented imply that there actuallythe neighborhoods to the southeast of the airport that such corrective exist attention as well. require cognizes that B. The City y, but it is ess nt Operations are being addressed separately, City of Eagan that certain too the land use g for integral to the land use Operational plannin flight track Portion of assumptions be modifications the Part 150 plan. The southeast of the upon which the land use Southeast oairport is Predicated planning intolerable substantially altered without creating a si may not be neighborhoods- situation for residents gnificant and instituted The flight track °f certain Eagan the itutetrationcofotraffic s modifications were to those neighborhoods due to Of the preferential runwaylocated in the area system. as a result Eagan has engaged in substantial preventive land use afford noise compatibility but additional designations or zonings to overzonin g of that kind would land use interests of to such uses which would result in an of the community. For the not be in the best the Part 150 study to be acceptable to the use component of is essential that suitable the Cit maintain the noise methods be Y of Eagan, it Metropolitan abatement flight tracksuponto Council contours are established.pOn which the The City of Eagan has prevented the development residential subdivisions in the vicinity Leq 65 contour. of new traditional Moreover, the Cit Y °f or within the as industrial residential neighborhoods within has designated any land uses in the Comprehensive 70 contour These designations will, in the Guide Plan. residence free corridor for a distance term, to the runwayProvide a end. However, variations in the definitionmiles of the corridor or modifications of flight tracks the Metropolitan Council assumptions Planned residential outside of areas totally make many of the y incompatible. To date the City has planned responsibly situation has reduced the effe tveness ib the air traffic X66 off that planning. There is no mechanism to guarantee the expected procedures and one is necessary if we are to make assumptions about the contours as they are presented. III. IMPLBMBNTATION A. The disclosure element of the guidelines has been discussed at some length. The -language per'ta'ining to it has been removed from the model ordinance for a variety of reasons. Numerous questions have been raised concerning the liability inherent -in adopting such language but the essential point of the model ordinance procedure was to answer such questions and make the guidelines more useable for all communities. The ordinance itself is a positive step forward but to pass it in part without addressing all elements of the guidelines is dangerous. Before the ordinance is to be integrated into the Part 150 plan, the City would prefer that all guideline related issues be satisfactorily addressed and that the ordinance or support 40 documents reflect such resolution or the guidelines be modified to conform to the liability realities as they exist. B. The preventive elements within the Part 150 study seem to favor the Metropolitan Airports Commission only.. 1. Navigational easements are to be dedicated in new developments within the Ldn 65 contour, but will not be purchased from incumbant home owners outside the Ldn 70 contour. This establishes a standard for new development but does not address the corrective issue of negotiating and purchasing such easements in an equitable fashion with current residents. 2. The proposed disclosure ordinance presumes to waive a ® homeowner's rights to damages within a particular noise zone, but no corrective or compensatory alternative is provided for homeowners when noise zones shift, lengthen or change to include otherwise compatible developments. 3. The proposed development rights transfer requires alterations in community planning to accomodate airport generated density shifts without accomodation or compensation for the necessary systems impact inherent in such a density change. Higher densities require oversized transportation and utility systems which may not be feasible in certain developed or substantially developed areas. 4. The consultant has suggested that a mechanism must be developed to give the Metropolitan Airports Commission notice of land use changes in neighboring communities but the communities enjoy no such notice from the MAC or the FAA for operational changes. Flight tracks and operational configurations can be altered with little if any public process and without an environmental assessment worksheet or an environmental impact 7 statement. Moreover, there are certain notice procedures in place. The City of Eagan must give notice to the Metropolitan Council whenever it proposes to develop buildings in excess of certain elevation restrictions. Again, this is an area in which accountability and mutual input is essential but to date the plan has made provision only for the airport. 5. Generally, certain cities such as Eagan and Mendota Heights have made significant contributions in the way of noise compatible planning, zoning and development. Residents have been informed of noise zones and expectations and their expectations have been exceeded by operations outside compatible areas. The operations element of the Part 150 study continues to focus traffic in the general direction in which it was planned to occur, to,the southeast of the airport, but it has yet to offer any substantive means of insuring that that concentration will have an impact on the fewest people. r� IV. SUMMARY The effort of all parties in preparing the Part 150 land use component has been significant. The City recognizes this effort and applauds it, but it falls short of endorsing the process because of the deficiencies cited above. The City of Eagan would be remiss in its duty to its citizens if it endorsed a contour map which relates to an opertional scenario different from that assumed in the Metropolitan Council's Aviation Chapter of the Metropolitan Council Development Guide/Policy Plan. The current contours provide little if any promise for corrective relief to noise impacted areas in Eagan and Mendota Heights which currently receive in excess of 50% of all operations at this airport. This leaves the City with only additional expectations in terms of preventive land use, a policy which has been followed by the City for 'years and which, in the absence of a firm corridor compliance methodology, has been ineffective. We hope to join the airport, the consultant and the other communities engaged in the process of technical review in addressing these and their respective issues in the study. These comments are intended to be developmental and constructive. Obviously the City of Eagan has a vested interest in the success of the Part 150 study, however, we cannot in good faith give support to a document which has yet to address the needs of all of the neighbors of the airport. I look forward to your response to this letter. Sincerely yours, Yon Hohenstein Administrative Assistant Enclosures 10 JDH/jeh • . —�-.: ,:,:.sem-`.,,� r..•'��%�=��1 Polis-St. Paul International Airport Noise Abatement Operations .:.�.– Plan t c 0 9 d d m 6 mH o m a 7 7 CDZ Q z u n O N d - 3 3 � w � A a 0 r1 O N M {� n � � c � I Jp ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN,, MINNESOTA OCTOBER 7, 1986 CITY ATTORNEY 1. City Logo 2. City of Eagan vs. Robert O'Neil, Project 443 CITY ADMINISTRATOR 1. Update on the City Animal Pound 2. Election Judges 3. ISD #191, Community Review Committee DIRECTOR OF PUBLIC WORKS 1. Approve Final Plat, Fawn Ridge 2nd Addition 2. Approve Final Plat, Sunset 9th Addition J MEMO TO: HONORABLE MAYOR;& CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 6, 1986 SUBJECT': ADMINISTRATIVE AGENDA CITY ATTORNEY Item 1. City Logo --Several months ago the City Administrator and City At-torney discussed the necessity to either certify or copyright the City logo so business and non-profit are not utilizing the official trademark for Eagan local government. The has had requests from churches, non-profit groups and a local business all of whom requested use of the logo. The City Attorney's office has prepared three (3) alternatives which are outlined in the attached memo found on pagesiz through J/X. According to Lori Bellin of the City Attorney's office, it appears that the City may wish to consider either 1) obtaining a certification mark from the State of Minnesota or from the State of Minnesota and the federal government. ACTION TO BE CONSIDERED ON THE MATTER: To provide either an official certification or copyright of the City's logo to restrict use of that trademark to local government purposes. Item 2. City of Eagan vs. Robert O'Neil, Project 443 --The City has received a copy of the Report of Commissioners in the condemnation action brought by the City against Mr. and Mrs. Robert O'Neil for two pond areas and some permanent and temporary easements for acquisition of ponds on the O'Neil property on the north side of Yankee Doodle Road. The total acreage is 9.92 acres for permanent easement and 1.57 acres for temporary easement. For a copy of the Commissioners' condemnation action, refer to pagesJT�through / The City -has also received a letter from Harold Sheff, re. resenting Mr. & Mss. Robert O'Neil appealing the Commissioners' award for the ponds and utility easements, For a copy of that appeal notice, refer to pages through -T. Action is required on behalf of the City to address this condemnation award. The cost will be assessed to Federal Land Company which is a part of that original agreement for the Town Centre 7.0, and 100 development,. ACTION TO BE CONSIDERED ON THE MATTER: To provide direction to the City Attorney regarding necessary action with regardto the recent condemnation award for pond acquisitions relating to Project 443. 17v CITY ADMINISTRATOR Item 1. Update on City Animal Pound --The City Administrator and Administrative Police Captain Geagan have reviewed alternatives for relocating the animal pound. Dr. C. R. Fritz, who owns and operates Lakeside Animal Hospital, has tentatively agreed to board dogs that are impounded and act as the City animal pound. T•Ib The City has also received a letter from Mr. and Mrs. William Abel asking that the City cancel their contract to operate the City's animal pound effective November 1, 1986. A copy of this letter is enclosed on page /QJ for your review. Also enclosed is a copy of a memo that was c mpiled by Administrative Captain Geagan who has reviewed the various complaints the City has received from property owners adjacent to the City animal pound which is owned and operated by Mr. & Mrs. William Abel. It is the recommendation of the City Administrator that the City Council consider accepting the cancellation of Mr. & Mrs. Abel's contract and that a contract be authorized with Lakeside Animal Hospital, both to be effective November 1, 1986. Assuming Dr. Fritz is acceptable and signs the agreement with the City, .the issue remaining for the October 21 agenda concerning the original petition would be the kennel license that was issued several years ago to Mr. & Mrs,. Bill Abel. That kennel license expires December 31, and one suggestion is to have the City Council consider input at the October 21 meeting as petitioned and requested by the residents and if the kennel is still a problem less the animal pound in December, the City Council could then evaluate the renewal of Mr. & Mrs. Abel's kennel license. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny acceptance of a cancellation from Mr. & Mrs. William Abel to operate the City's animal pound and direct the City Administrator to further negotiate a contract with Dr. Fritz to designate the Lakeside Animal Hospital as the City's animal pound. Item 2. Election Judges --The City Clerk is requested that Election Judges be approved for the November 4 State General Election. Enclosed on pages## through 19(4 is a list of election judges as presented. t1 ACTION TO BE CONSIDERED ON THIS ITEM: To approve the judges as listed for the November 4 State General Election. I�te 3. ISD #191 Community Review Committee --Enclosed on pages through /C%� is a letter from Independent School District #I 1 requesting that the City appoint representatives to attend the steering committee meeting which is scheduled for October 14 for the purpose of selecting a new superintendent. Mayor Blomquist is unable to attend due to the Tuesday conflict. Even though the City will not have an official representative of its choice at the public forum on October 7, it is still possible to recommenda resident who could represent Eagan'sinterest on the steering committee. Enclosed on pages through is a copy of a letter received by Mayor Blomquist from ISD #191. 113 ACTION TO BE CONSIDERED ON THIS ITEM: To recommend the name or names of residents residing in Eagan who would be willing to servie on a steering committee, if selected, for the selection of a new superintendent in Independent School District 191. DIRECTOR OF PUBLIC WORKS Item 1. Approve Final Plat, Fawn Ridge 2nd Addition --Staff has received an application for final plat approval for the Fawn Ridge 2nd Addition located north of Cliff Road between Oak Pond Hills 2nd Addition and Dodd Road as shown by the plat map enclosed on page /_z_. This final plat conforms to all conditions of the preliminary plat approved by Council action on July 15, 1986. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action, ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Fawn Ridge 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. Item 2. Final Plat Approval, Sunset 9th Addition --Staff has received an application for final plat approval for the Sunset 9th Addition which is a 4 lot subdivision south of Golden Meadow Road and north of Schwan's Lake as shown by the plat contained on page All conditions of the preliminary plat approved by Counci action of July 16, 1985, have been satisfactorily complied with. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: Approve the final plat for the Sunset 9th Addition and authorize the Mayor and City Clerk to execute all related documents. /s/ Thomas L. Hedges City Administrator l7� M E M O R A N D U M TO: Tom Hedges City Administrator FROM: Lori M. Bellin DATE: September 25, 1986 RE: City Logo Paul Hauge has requested that I look into the protection of the City Logo of the lone oak tree. There are three possible ways to proceed and they are listed as follows: 1. Obtain a certification mark, which is a type of service mark, from the State of Minnesota; 2. Obtain a certification mark/service mark from both the State of Minnesota and the federal government; 3. Obtain a copyright from the federal government. After conferring with several copyright and trademark attorneys in the area and with personnel from the Secretary of State's office and personnel from the Federal Office of Patented Trademarks, the consensus has been that the most economical procedure to follow would be alternative one above which would simply be to apply for a certification mark from the State of Minnesota. The reasons being that it is less expensive, it does not take as long to register in the State as it would with the federal government, it may not be desirable to obtain national protection for the City due to the fact that the logo is only meant for use within the State for the most part and state registration will probably be sufficient enough to give notice to other localities outside of the state that this logo is protected. The second possibility, which suggests registering in both the State of Minnesota and with the federal government was also suggested, however, the original filing fee is much greater, at approximately $1.75.00 (the fee for state filing is $25.00) and the persons with whom I spoke, question whether it would be very beneficial. It also does take quite -some time to register with the United States Patent and Trademark Office, however, if it is of great importance to the City to protect this logo outside of the State of Minnesota, suggestions were made that this option should then be followed. It would simply depend on how much use the City would like to make of its logo outside of the state boundaries and how important it is to protect the logo outside of the State of Minnesota. 17s Option number three, obtaining a copyright, was felt in general not to be possible. The reasons being were that the City has used the logo for quite some time without giving notice to the general public of its proprietary function. As such, it may simply not be possible to obtain copyright protection at this time. Also in order to obtain copyright protection, it is necessary to obtain a written transfer of copyright rights from the person who authored the work and additionally, if some type of fee has not already exchanged hands for the ownership of the logo, it may be necessary to do that at this point. In conclusion, I would suggest that either option number one or number two be set in motion at this time and we will await your response prior to taking any action. One more comment, in order to notice the general public of your proprietary use of the logo, you should use the initials SM for service mark after the logo on as many items as you have the logo on. You may not add SM onto any of, these items until the application has been filed with the State. If we should decide to go with option two above, filing with both the State and the Federal office, you would then be required to use the letter Rwhich is circled, which stands for registered', and you may not use this letter until both the State and Federal offices have approved the registration. 17,(, HAUGE, EIDE & KELLER, P. A. ATTORNEYS AT LAW WATER VIEW OFFICE TOWER. SUITE 303 1200 YANKEE DOODLE ROAD EAGAN, MINNESOTA 55123 AREA CODE 612 TELEPHONE 456-9000 454-4224 September 30, 1986 DT Thomas Hedges y Administrator 0 Pilot Knob Road .an, Minnesota 55121 City of Eagan v. Robert O'Neil et al. Improvement Project 443 - Pond Acquisitions Ir Tom: September 29, 1986 I was delivered a copy of the Report of Commissioners in condemnation action brought by the City against Mr. and Mrs. Robert O'Neil two pond areas and some permanent and temporary easements for acquisition the ponds on the O'Neil property on the north side of Yankee Doodle Road. im enclosing a copy of the report with the following comments: This condemnation commenced about a year ago for the acquisition of two pond easements. The total acreage acquired was as follows: Pond DP4 - 5.92 acres permanent easement Pond DP5 - 3.71 acres permanent easement Access/ Utility Easement - .29 acres permanent 9.92 acres total permanent easement Temporary Easement - 1.57 acres It should be understood that the total amount of ponding area is less that the anticipated total pond area simply because the O'Neil property was not being currently developed and therefore the City did not require the total land area for pond acquisition in order to accomplish the necessary storm water ponding at the present time. 177 Mr. Thomas Hedges September 30, 1986 Page Two 3. After a number of delays including changing one appraiser, the sickness of one of the Commissioners on several occasions and a number of other reasons, the hearing was held on August 19 and 20 of 1986. The three commissioners were James Foutchis, former Dakota County Recorder as chairman, Tom Metzen and Robert McKenzie. 4. The appraisers for the City were Bill Cushman who was selected by Federal Land Company and Mark Paranto, and in addition Mike Gair, a planner, was hired by the City to review some of the planning issues. The highest and best use submitted by both of the City appraisers was that of agriculturaD zoning and R-3 land use indicating it would be speculative to expect that a commercial use would be the highest and best use. The Commissioners did not make a decision as to highest and best use although Mr. Foutchis was in my office on Monday, September 29 and roughly worked through the computations as follows: 43,560 square foot per acre x 9.92 acres = 432,115.2 square feet $1.50 per square foot = $648,172.50 Temporary easement - $664,500 less $648,172.50 = $16,327.50 5. The appraisals by the various appraisers were as follows: Mark Paranto - $20,500 damages Bill Cushman - $ 1,000 damages (approximately) John Kline - $1,993,252 damages 6. I talked with Mr. Foutchis when he was in the office and it appears that the Commissioners were impressed by the appraisals that had been done on the O'Neil property both by MnDot when it acquired some right-of-way and pond and by the County when it acquired road right-of-way for Yankee Doodle Road. I'm not certain what the MnDot appraisal was, but the County appraisal was $2.00 per square foot, part of which the City will be paying on a 55%45 sharing basis. 7. It should be understood that the planned development agreement for the Eagan Heights Commercial Park provides at paragraph 10 that the developer of the Eagan Heights Commercial Park, e.g. Town Centre 100, will be responsible for paying the cost of 0.55 acres of pond DP4 and 3.71 acres of pond DP5. These acreages would have to be determined on a proportionate basis of the total condemnation acquisition under pond DP4 of 5.92 acres and 3.71 acres on DP5. 17F Mr. Thomas Hedges September 30, 1986 Page Three 8. It may be argued that the temporary easement portion should not be paid by Federal Land Company, but implied in the wording both permanent and temporary easements should be included. 9. If the City Council chooses to appeal, the appeal would be made to the Dakota County District Court and notice of the appeal must be entered within forty days of the date of filing of the Commissioners award or September 29, 1986. I would expect that if the City appeals that the O'Neils will file a cross appeal claiming the award was inadequate. Based upon the information described above, I would ask that you forward the Letter to the City Council members for their review and determination. PHH:cjb enclosure cc: Tom Colbert 17� Very truly yours, 5 KELLER P.A. (;A7Hauge f r. SIATE OF MINNESOTA COUNTY OF DAKOTA -------------------------- CITY OF EAGAN, a Municipal corporation, Petitioner, vs. ROBERT J. O'NEIL 6 GRACE O'NEIL, husband and wife, FEDERAL LAND BANK OF ST. PAUL, COUNTY OF DAKOIA, and all other parties unknown claiming any right, title, or interest in the hereinafter described property, Respondents DISTRICT COURT FIRST JUDICIAL DISTRICT File No. 99860 REPORT OF COMMISSIONERS ----------------------------------------------------------------------------- IN TILE MATTER OF THE CONDEMNATION OF CERIAIN LANDS IN THE COUNTY OF DAKOTA, STATE OF MINNESOTA FOR PONDING AND UTILITY PURPOSES ----------------------------------------------------------------------------- The undersigned commissioners, James Foutchis I Robert McKenzie and Thomas F. Metzen , having been appointed by the above named Court and having qualified according to Law, met as directed by Order of Appointment,, viewed the lands described in the Petition for Condemnation herein, hereby make the following assessment and award of damages, which in their judgment will result to the owners of.this land by reason for the taking of said land by the Petitioner for ponding and utility easements in the City of Eagan, Dakota County, Minnesota. Amount of Award $669,500.00 Plus per diem in the amount of James Foutchis 9 days ($100/day) $ 900.00 Thomas F.Metzen 8 days ($100/day) $ 800.00 Robert McKenzie 8 days ($1'00/day) $ 800.00 1 o Together with mileage in the amount of 200 ($.24/mile) $ 48.00 200 ($.24/mile) $ 48.00 200 ($.24/mile) $ 48.00 According to the best information and belief of the undersigned, the names of all persons and parties interested in said parcel of land and in said award as as follows: Robert J. O'Neil and Grace O'Neil. We further report that all of the undersigned were -present at each of the meetings of the .Commissioners and hearings and thatall of the.unaersigned participate in consideration of the allegations and proofs of the intersted parties and in the ascertaining, determining, assessing and awarding of damages for the taking of the properties above described, and that all of said commissioners viewed the described,premises. Dated: Sept. 29, 1986 James J. Foutchis 822 Marie Avenue South St.Paul, MN,55075 S948.00 Robert McKenzi 932 Logan Lane South St.Paul, MN 55075 $848.00 /S7/ 918 Marie Avenue South St.Paul, MN 55075 $848.00 HAUGE, EIDE & KELLER, P. A. ATTORNEYS AT LAW WATER VIEW OFFICE TOWER.2SUITE 303 1200 YANKEE DOODLE ROAD EAGAN. MINNESOTA 55123 PAULH.HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN' DEBRA E. SCHMIDT October 2, 1986 Mr. Thomas Hedges Eagan City Administrator 3830 Pilot Knob Road Eagan, MN 55121 RE: City of Eagan - O'Neil - Project #443 Dear Tom: AREA CODE 612 TELEPHONE 456-9000 454-4224 On October 1, I received a letter from Harold Sheff, the" attorney for Mr. and Mrs. Robert O'Neil, appealing the Commissioner's award that was entered several days earlier in the amount of $664,350.00 for the acquisition of the two ponds and utility easements on the O'Neil property. In addition, the letter demands the payment of three-fourths of the Commissioner'saward which is allowed under Minnesota Statutes, Chapter 117 and this amount should be paid fairly promptly. There are several issues that arise concerning the payment of three-fourths of the award: 1. The agreements with Federal Land Company regarding Town Centre 100 and 70 Additions provide for .payment of all costs by Federal Land Company relating to the acquisition of their portion of the O'Neil Ponds that have been involved in the acquisition process. The City should forward a letter to Federal Land Company requesting payment .according to the two agreements. Federal Land Company has the option of requesting that the costs be spread by special assessments against Town Centre 70 and Town Centre 100 Additions. 2. It would be our opinion that all costs involved in the acquisition of the ponds should be added to the amount billed to Federal Land Company or assessed against Town Centre 70 and 100, including interest costs incurred on the payment that would be expected to be made to the O'Neils. 3. It is also important to commence the assessment procedures in order to get the property assessed because the amount of area involved in Town Centre 70 and 100 would presumably be diminished as sales of specific parcels take place. One other alternate that is provided under the statute is that the City has the right to move the Court for an Order delaying part or all of the payment of three-quarters of the award for proper cause shown. I am not certain whether that motion would be successful, however. /f;-- Mr. Thomas Hedges October 2, 1986 Page 2 The other issue that should be discussed by the City Council is whether to appeal the commissioner's award, noting that an appeal has already been filed by the property owner. I would recommend that the City appeal the Commissioner's award and this appeal must be perfected within 40 days of the date of Commissioner's award on September 29. PHH:ras CC: Gene VanOverbeke ��3 Very truly yours, VE -EIDE b KELLER, P.A. Paul H. Hauge DLSON, GUNN AND SERAN, Ltd. 315 Peavey Building AW OFFICES 730 Second Avenue south Minneapolis. Minnesota 55402-2473 612 339-8846 September 30, 1986 Mr. Paul H. Hauge Hauge, Eide & Keller, P.A. Water View Office Tower Suite 303 1200 Yankee Doodle Road Eagan, Minnesota 55123 Re: City of Eagan v. O'Neil et al. District Court File No. 99860 Appeal Dear Mr. Hauge,: Enclosed and served upon you by mail please find Notice of.Appeal and Notice of Statutory Disclosure in the above -referenced matter. /tlb Enclosure Very truly yours, OLSON GUNN AND SERAN, LTD. By'��� Tracy L Brandia Secretary to Harold H. Sheff Wayne H. Olson Alonzo B. Seran Harold H, Sheft Bradley J. Gunn Richard J. Gunn David R„Knodell Michelle J. Ulrich :)LSON, GUNN AND SERAN, Ltd. 315 Peavey Building AW OFFICES 730 Second Avenue South Minneapolis, Minnesota 55402-2473 612 339-8846 September 30, 1986 Mr. Paul H. Hauge Hauge, Eide & Keller, P.A. Water View Office Tower Suite 303 1200 Yankee Doodle Road Eagan, Minnesota 55123 Re: City of Eagan v. O'Neil et al. District Court File No. 99860 Appeal Dear Paul: The O'Neil's have instructed me to file an appeal in the above -referenced condemnation case of the Commissioner's award of damages of $664,500.00. Pursuant to Minnesota Statutes section 117.155 the O!Neils are hereby making demand of the City for the prompt payment of three-fourths (3/4) of the Commissioner's award, i.e. Four Hundred Ninety - Eight Thousand Three Hundred Seventy -Five and no/100 Dollars ($498,375.00). Please notify me as soon as the check is prepared and I will arrange to have it picked up. HHS:tlb Enclosure cc: Robert Wayne H, Olson Richard J. Gunn J. O'Neil Alonzo B. Saran David R. Knodell Sincerely, OLSON %GUNN AND RAN, LTD. By Harold. H. Sheff l f Harold H. Shell Michelle J. Uldch Bradley J. Gunn STATE OF MINNESOTA COUNTY OF DAKOTA City of Eagan, a Municipal corporation, Petitioner, VS. Robert J. O'Neil and Grace O'Neil, husband and wife, et al., Respondents. DISTRICT COURT FIRST JUDICIAL DISTRICT File No. 99860 NOTICE OF APPEAL IN THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS IN THE COUNTY OF DAKOTA, STATE OF MINNESOTA FOR PONDING AND UTILITY PURPOSES TO: ROGER W. SAMES, ADMINISTRATOR OF THE ABOVE-NAMED DISTRICT COURT; CITY OF EAGAN AND PAUL H. HAUGE, ITS ATTORNEY. YOU, AND EACH OF YOU, WILL PLEASE TAKE NOTICE that the appellants herein, Robert J. O'Neil and Grace O'Neil, hereby appeal to the above-named District Court from the Award filed with the Administrator of said Court on Sep- tember 29, 1986, in the gross amount of Six Hundred Sixty - Four Thousand Five Hundred and no/100 Dollars ($669,500.00), made to the above-named appellants for the damages to the real estate involved and described in the hearings and proceedings, including the premises described in the Petition. The lands involved are located in Dakota County and include the premises described in Exhibit "A," attached hereto and made a part hereof. The nature of appellant's claim is, and the grounds for this appeal are, the Award for these premises is grossly inadequate; the damages for the taking and damaging of said premises exceed Two Million and no/100 Dollars ($2,000,,000.00); and further, the Award and the proceedings were otherwise unequal, illegal, contrary to law, unfair and unconstitu- tional.. Dated: September 30., 1986 OLSON, GUNN AND SERAN, LTD. By Harold H. Sheff 100078 Attorneys for Respondent - Appellants Robert J. O'Neil and Grace O'Neil 315 Peavey Building 730 Second Avenue South Minneapolis, Minnesota 55402 Telephone: (612) 339-8846 IS77 FITZ VETERINARY ASSOCIATES, P. A. LAKESIDE ANIMAL HOSPITAL 4785 SO. ROBERT TRAIL EAGAN, MINNESOTA 55123 TELEPHONE 454-3547 September 29,,1986 Pat Geagan City of Eagan Police Dept, 3830 Pilot Knob Road Eagan,YN 55122 Dear Yat, In response to our conversations over the last couple of,weeks, we have several concerns. We are concerned -about disgruntled people coming to our home rather than going to the police station. We are also concerned about bringing diseases into our boarding kennel, especially viral diseases such as kennel cough. After considerable deliberation, we have decided to proceed with negotiations to act as animal impounding facility for the city of Eagan. Hopefully our apprehensions will prove to be unfounded. At this particular time an impounding fee of $6.00 per 'animal per night is acceptable. The contract which you sent seems acceptable as amended. Please. send me a copy of City code#10.11. Issues which need to be discussed are insurance and signs. ere y Dr, . R -.-Fitz WMA, 0 9-30-86 Pat Gegan Chief of Police City of Eagan Mr. Gegan, This letter is to inform you of our decision to cancel our contract as the City of Eagan Animal Pound. Delivered, by hand, on the 1st of October, 1986, with 30 days notice,.we request you have settled in other facilities by November 1, 1986. After much discussion, we decided to draw up this letter, to close the pound section before we were forced to. We have tried to keep things calm here, to compromise, to satisfy the neigh- bors, ourselves, & the city. Apparently there is no way to compromise this situation. This does force us to lose part of our income, it will also affect the city as we know it will cost them considerably more to use other facilities. We are not giving up our kennel license as then we would have to give up some of our pets,"our family", as silly as it sounds, it's a fact, "Our Family". When we became the pound in December of 1978, this area was conducive to having a kennel, no close neighbors, fields, woods, swamps, it was a beauti- ful and fairly quiet area. Eagan is growing quickly, so quickly, we are quite populated now, the neighborhood does not want to support such a facility here any longer. We do resent the fact, we were here before any of them,but in circumstances as these we see these is no "Grandfathering", only majority. November 1st we will have all reports turned in for compensation. The propane tank we filled at the first of our contract, as stated verbally, you would . cover the cost of filling the tank at the end of the contract. Please contact us if there are any questions. Thank you for letting us be a service to the city. It has been really good to work with all of you at the Police Department and City Hall. Sincerely, W.E. & M. Kim Abel M 3830 Pilot Knob Road Eagan, Minnesota 55122 October 2, 1986 TO: Tom Hedges FROM: Pat Geagan SUBJECT: Dog Kennel police departmd"t JAY M. BERTHE M., .1 Poll. PATRICK J. GEAGAN adMW.,... W C.,.'n KENNETH D. AG2MANN on...,,— C.num Here are a few notes to bring you up to date on the status of the dog kennel. On about August 7, 1986, I spoke with Bill Abel regarding the numerous complaints we have had from the neighborhood and a demand from the neighborhood to charge them with disturbing the peace under City Code 10.11, Subdivision 10. I told Bill, at that time, that he would have to comply with city code or he may face misdemeanor charges for those violations. I gave Bill 30 days to bring his kennel into compliance with the code and to attempt to do something with the dogs he owns, as far as their barking. Bill was also advised that we may have to look for another location for the City Animal Pound due to the fact that it may be, our dogs that were causing some of the problems. I then contacted Judy Orchard who lives in the Orin Thompson addition and advised her that Abels were given 30 days to comply to the code. Ms. Orchard was not particularly pleased with that condition, but I advised her that due to the length of time Abels have been in there, I felt we owed that to them. I then told her to call me if it continues to be a'problem after the 30 day time limit.' Approximately 4 weeks later Ms. Orchard called me back during the day to advise me that the dogs were barking as badly as ever, and in fact, I could hear them barking when she was calling me from her home. She again demanded that they be charged with violations of city code and asked me if I was refusing to enforce city code. I told her that, at this time, we are trying to work out a solution that would benefit all parties, but that I would contact the Eagan City Attorney and have them review the case for possible charges of the city code. The City Attorney reviewed the history of the complaints and it was generally felt that there was a possibility of issuing a complaint for this violation. THE LONE OAK TREE ... THE SYMBOL OF �d TH AND GROWTH IN OUR COMMUNITY police department JAY M. aEXTHE CN.i of P.H. PATRICK J. GEAGAN Adnin, nv.0 .In ®F ulagan KENNETH G.ASZMANN 3830 Pilot Knob Road Eagan, Minnesota 55122 Page 2 Dog Kennel (Cont'd) During this period of time I contacted the veterinarian clinics in the City of Eagan and found that Lakeside Animal Hospital was the only clinic interested in handling our impounded dogs and cats. On September 30th, I spoke with Bill and Kim Abel and discussed the criminal complaint pending against them and the City Animal Pound. They decided, in an attempt to compromise with the surrounding neighborhood, they would cancel their contract with the city effective November 1, 1986. They are doing this in an attempt to compromise with the neighborhood enough to retain their kennel license for their own dogs. I believe, at this time, they currently have 5 dogs of their own that they are taking care of. I have received correspondence from Dr. Fitz, Lakeside Animal Hospital, that he will take over the kenneling of our animals. In his letter he had some concerns regarding the nuissance to his family and health hazards in his kennel. I assured him that we would attempt to deal with any complaints that he may receive regarding the kenneling of our impounded animals. I . had Gene discuss the insurance issues with Bruce Medvic and apparently Dr. Fi.tz's insurance would be the appropriate carrier. I spoke to Dr. Fitz, he checked and apparently .is covered. He asked that no signs for an animal pound be placed on his property and I concurred. Paul Hauge's office is currently drafting a contract with Lakeside Animal Hospital to handle the impounding of city dogs and cats. Paul Hauge is also doing a memo to the City Council regarding an informal discussion on October 7th, to set up a hearing on October 21st to review the petition regarding the cancellation of Abel's kennel license. Paul felt that we should contact at least Judy Orchard and Abels for this informal discussion. I feel that perhaps the Council can informally discuss the situation without that notification and then give it a public hearing on October 21st with all parties notified. Although it appears that we are going to be able to move the Eagan Pound November lst, I believe the neighbors are going to still be unhappy with the licensing of Abel's kennel. Whenl met with Abels they did indicate that it was possible THE LONE OAK TREE ... THE SYMBOL OF S7R NGTH AND GROWTH IN OUR COMMUNITY police dep®rtrndrnt JAY M. BEFTHE ChIN of Pellq PATRICK J. GEAGAN 'gEmInl �l oliva C.p uln KENNETH D. ASZMANN ..mien, N.W, 3830 Pilot Knob Road Eagan, Minnesota 55122 Page 3 Dog Kennel (Cont'd) to keep the animals inside the kennel structure. with the elimination of city employees coming and going at all hours and Abels keeping their animals confined to the inside of the shelter, it may reduce, if not eliminate, the disturbance complaints. If Abels are able to meet those conditions, perhaps the Council could allow Abels 30 days or until the licensing comes due in December to comply and review the matter at that time. Paul Hauge feels the pursue the criminal City Code 10.11 agai not be drafted until Pat Attachments CC: Chief Berthe Council can decide whether or not to complaint for disturbing the peace under nst the Abels. I asked that that complaint after I spoke with you. THE LONE OAK TREE ... THE SYMBOL OF SfREGTH AND GROWTH IN OUR COMMUNITY I, 1�3 State General Election November 4, 1986 Election Judges DEMOCRATS Sharon Schoeller Andrina Kuechle Brenda Brenberg Evelyn Cota Laura Lundberg Carolyn Thurston Carol Gerhman Martie Ruzicka Pat Rask Patricia Kaeder William Reid Alyce Bolke Barbara Shields Kay Dodge Judith Mundahl James Kennedy Margaret Schreiner Jan Giefer Mary Kellner Pauline LeGendre Eleanor Grimmer Irene Wachtler Eunice Johnson June Nelson Dorothy LeMay Anne Sullivan Harold Peterson .Vivian Jackson Kris Thayer Tony Villelli Marte Dehler Anna Lou Arneson Joanne Arbour Orlean Garness Dorothy Peterson Elaine Jones Ilene Hazel Peggy Sanford Joan Uselmann Mary Sterns Helen Jarvi Gerry Chapdelaine Leo Amundson. Ellen Engquist Laura Marks Al Jarvi Elinor Villelli Jean Fontaine Eleanor Piepho Geraldine Hrimnak Emily Rodich Michele Mickelson Claire Duren Cathy Brost REPUBLICANS Barbara Edgerton Linda Wagner John Bellows Darlene Formanack Merlyn Handley Carol Vihovde Terri Berkness Stan Westenberg Sharon Astelford Aurelia Poppler Ruth Sydow Marie Lane Tracy Jones Doris Vogt Helen Westenberg Joan Joos Nancy Strom Janet Linkert Rose Vimr Ethel Groff Jan Kuehn Marilyn Legler Vivian Handley Patti Benjamin June Ketcham Lyle Severson Phyllis Ligman Irene Kreidberg Nancy Lee Karen Factor Judy Allen Joan Bohlig Barbara Nuttall Theresa Nelson Nancy Jarvi Gilbert Sydow Emily Medin Zella Mirick Sharon Carlson Adeline Buehler Mary Jane LaRock Judith Miller Joanne George David Klefsaas Rand Settell Pearl LeMieux Avis Kriebel Karen Tinsley Kay Kolehmainen Dianna Wennblom 1�3 State General Election November 4, 1986 Election Judges P. 2 INDEPENDENTS Sue Olson Marie DesLauriers Jean Zempel Marge Jacobs Ramona Broman Karen Flood /9� BURN SVILLE•EAGAN•SAVAGE INDEPENDENT SCHOOL DISTRICT 1 9 1 ADMINISTRATIVE SERVICES CENTER September 29, 1986 Mayor Bea Blomquist 3830 Pilot Knob Road Eagan, Minnesota Dear Mayor Blomquist, Selecting a new superintendent is probably one of the most important decision's a school board can make. This selection process is important not only to the school board,' but also to the community, because it is an opportunity to look to the future and identify the leader who will help us get there. The Board's goal is to hire the best candidate for superintendent. The first consideration in this process is determining the qualifications %e want in a new superintendent. Acknowledging that School District 191 schools are, indeed, the public's schools, the Board of Education has invited the advice of their communities in determining the qualifications for a new superin- tendent. The Board will solicit representatives from district employees, former Board members, and the community at large to provide input, about these qualifications. The Board is required to make the final decisions concerning the search process, qualifications, job description, and hiring; nonetheless, it is our desire to seek input from representative citizens. A Community Review Committee has been established, for the purpose of soliciting input on the superintendent's qualifications, from repre- sentatives of our communities. Because of the numerous Eagan residents who have children attending District 191 schools, we Could appreciate Your services as a member of this committee. If you are unable to serve, would you suggest another individual we could contact who shares your background or experiences? A public forum will be held on Tuesday, October 7, from 7:00-8:00 P.M. in Room C180 at Burnsville Senior High School: As a member of the Community Review Colmlittee, you Would take part in the forum. In addition to the individuals we have contacted for this committee, pro- visions have been made for five additional members to be selected or to volunteer from the public forum, to be a member of the Community Review Committee. At the conclusion of the public forum, this com- mittee will continue to meet to consolidate the input from the evening into one document. /95 100 RIVER RIDGE COURT . BURNS,VILLE, MINNESOTA 55357 . 1613)881-]500 4, F,.ul nnm....n,,, F -W—,, Page.2 Two representatives of the Community Review Committee will be selected to attend the Steering Committee meeting at 7:00 P.M. on Tuesday, October 14, at the Administrative Services Center. The purpose of this meeting will be to compile input from the District Employees Ccmnittee, the School Board Alumni Committee, and the Community Review Committee. The input conpiled by the Steering Committee will be used by the Board of Education in their final decision regarding the quali- fications for a new superintendent. We hope you will seriously consider membership on the Community Review Committee. We are confident that your point of view and experiences will help in this superintendent search. If you are able to serve or can suggest a replacement to contact, please call=the Superintendent's office at 887-7200 or Gerri Schinckle at 890-7196. sinc"ere"ly' yours, j�GC/!/W �C1'N�c-cJ Gerri Schinckle, Chair 'Superintendent Search Process Committee FAWN RIDGE 2ND ADDITION �� ; '-- t /// •. ' \1 ��` .�� �_� ,lei „L..., I_ I ll ty :iris=-�T • I IS '.�xD J / / +•1 j .. I 2 1 • tFMDi E6 1/2 IxLX YOxUYEnI 'CND UMLE99 OTXERNISE 51gwM 10 d 1\ o DEMIiE6d � �tiA -A 3IPON YOMYYEXi SET Y•P1[EII WITH rEO6TRMT" XO 1 [] L f ]600 UNLOTXEPMI9E dMOwM 2 ; ` S -.- ' )� / • -[. TIE VEST LINE D TM SN r/1 pF 9EC ]9 T ]T. R. ]]. LI. ` }�1 i• T f /` \ [''[�?. HAS AN ASSUMED MARIN[ O[ x o' ]IOP E. M E MINITE9 RANT OE ACCEss MMATEO To 'ANOIM CpllT' __``: e s _ _ .L • ,~� / ]., 4 r; -\C. +';, VICINITY MAP 10 L I 1x RWO P nosc [ew NOINEEIIIN6� " y COMPNNY, INC. 1-1 C yr 4 SHEETS 11000- 1-1;�-5 89'41'35'W SOUTH LINE Of THE NN /. BEC. 25, TWP 27, RGE.23 JP ,^`, \ ?o FAD J �4 '/ I / K; —r uW0 ";Ipl i'JN 50 0 `A 100 SCAL DRAINAGE B UTILITY EASEMENTS ME SHOWN THUS: II SJ I i T BEING ] FEET 1N WIDTH AND ADJOINING LOT L NES,ANO 10 FEET IN WIDTH AND ALUONING STREET LINES.UNLESS OTHEWSE INDICATED ON THE PLAT THE WEST LINE OF .THE NW 1/4 HAS AN ASSUMED BEARING OF N'O. 01'4W W, _z z AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL OCTOBER 7, 1986 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:40 - DEPARTMENT HEAD BUSINESS �•ti A. Public Works Department 3 B. Police Department P' IV. 6:55 - CONSENT AGENDA P'`A A. Contractors Licenses P,(o B. Authorize Interest Payment in Lieu of Duplicate Issuance of a Lost Coupon for the Single Family Revenue Bond Issue P g C. Contract 85-26, Approve Change Order #1 (Wells 8 & 9) 1 D. Contract 85-21, Approve Change Order #2 (Maintenance Building) e to E. Gun Club Lake Watershed Management Organization Representative Resignation p•%'-' F. Project 486, Receive Petition/Order Feasbibility Report (E -Z Air 1 Park - Storm Sewer) P -V3 G. Contract 86-4, Approve Change Order #1 (Brittany 9th Addition) p.\3 H. Contract 86-5, Approve Change Order #1 (Windtree 5th & 6th 1 Additions) �•�`� I. Contract 86-5, Approve Change Order #2 (Windtree 5th & 6th Additions) P J. Contract 86-10, Approve Change Order #1 (Eagandale Center _ Industrial Park) e �S K. Contract 86-15, Approve Change Order #1 (Hampton Heights) �- �'•(G 1•. Approve Final Plat, Chatterton Ponds �B M. One -Day Consumption and Display License, St. John Neumann Church V. 7:00 - PUBLIC HEARINGS ?•al A. Public Hearing for Proposed Gambling Ordinance f).] S B. Public Hearing for Project 481, Blueberry Circle - Storm Sewer e,3(,C. Final Assessment Hearing for Project 451, Hampton Heights - Trunk Water Main VI. OLD BUSINESS 37 A. Preliminary Plat for Sunpointe (Advance Developers) Consisting of 90 Townhouse Units on Approximately 10.5 Acres Located West of Blackhawk Road Abutting Diffley Road, SW 1/4 of Sec 20 B. Review Final Draft for Tax Increment Financing Guidelines f.S4, C. Project 419, Review Objections to Final Assessments (Slaters Acres) D. Project 433, Parcel 10-02300-010-01, Withdrawal of Objections to Final Assessment (Lexington Square 2nd Addition) 1 VII. NEW BUSINESS e•�O:1 A. Preliminary Plat for Blackhawk Acres 2nd Addition (Les Duoos) Consisting of 32 Townhouse Units on Approximately 6 Acres, Located West of Blackhawk Rd Abutting Robin Lane, SE 1/4 of Sec 17 �• g(5 B. Preliminary Plat for Lexington Hills First Addition (H & Z Partners) Consisting of 168 Apartment Units on Approximately 16.3 Acres, Located at NE Quadrant of Lexington Ave & Diffley Road, SW 1/4 of Sec 23 jp9 C. Waiver of Plat for Dakota Electric Association to Split off Approximately .89 Acres from a 3.3 Acre Parcel for Electric Substation, Located at SW Quadrant of Dodd & Cliff Roads, NW 1/4 of Sec 36 e•�i� D. Waivers (2) of Plat for B. H. Grace Corporation, to Split Duplex Lots on Lot 4, Block 3, and Lot 6, Block 3, Rahn Ridge, Located on Vienna Lane, NE 1/4 of Sec 31 KeE. Clarification of Light Industrial Zoning for Silver Bell Plaza, Highway 13 at Silver Bell Road (Dallas Development) \i $ F. Raymond Fischer for a 10' Variance to Sideyard Setback Requirement for Lot 1, Block 1 and Lot 5, Block 2, St. Francis Wood 5th Addition, Located South of Duckweed Drive and West of Lexington Avenue, SE 1/4 of Sec 15 �•1 of 1 G. Resolution for Certification of Property Taxes Payable in 1987 S H. Minnesota Valley Humane Society Request to Construct an Animal ` Shelter VIII. ADDITIONAL ITEMS P.JgO A. Public Improvement Contracts 1. Contract 86-20, Receive Bids/Award Contract (Windtree 7th Add) N'�-B. Clarify Criteria for Interest Rate Reduction Program 1'16C. Additional Appointments to Solid Waste Abatement Commission t50D. Grading Permit Application #EX1-216 (Northwest Airlines) e• IX. VISITORS TO BE HEARD (for those persons not on the agenda) ►.�:U1%fHIl:14ax2YY 2 4V MEMO TO: HONORABLE MAYOR &CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 1, 1986 SUBJECT: AGENDA INFORMATION After approval is given to the October 7, 1986, agenda and regular City Council meeting minutes for the September lb and Special minutes for September 8 and 25, 1986 meetings, the following items are in order for consideration: �U]IJ9:U Yu 19�`Y Y�:17R\ t • A. PUBLIC WORKS DEPARTMENT Item 1. Public Works Department --At the June 1.7 Council meeting, the Council considered a petition requesting the installation of stop signs at the interesection of Trenton Road and Yorktown Place. Due to the fact that staff could not recommend the place- ment of stop signs at this intersection, the Council authorized the installation of a yield sign on Trenton Road at Yorktown Place and requested the Police Department to perform additional sign compliance and speed studies through this intersection to be reconsidered by the Council on October 7. Enclosed on page 7,*� is a report prepared by the Police Department, indicating that the existing .yield sign appears to be adequately handling the traffic .situation. Subsequently, the Public Works Director does not recommend that any further action be taken and'that the existing yield sign remain in place. ACTION TO BE CONSIDERED ON THIS ITEM: Reaffirm the installation of the existing yield sign on Trenton Road at Yorktown Place. I 3830 Pilot Knob Road Eagan, Minnesota 66122 or Octobe- 2, 15:. police department JAY M. BERTHE CNH. Pelle PATRICK J. GEAGAN A InlnmM 6Min KENNETH o. MZMANN aumlam fym'n S TO: THOMAS HEDGES, CITY ADMINISTRATOR FROM: KENNETH ASZMANN, OPERATIONS CAPTAIN SUBJECT: TRAFFIC SURVEY - TRENTON & YORKTOWN As requested 6/18/86 by council, the police department has conductedseveral traffic surveys over the past three months to observe traffic flow and problems at this location. After reviewing surveys completed by several officers at different times, we conclude that at this time the "YIELD" signs constructed by the city appear to adequately control this location. We have noted a medium amount of traffic now, but with completion of other homes in this area, we anticipate a heavier amount of traffic which could alter the present conditions. Because of the length of Trenton, speed does not appear to be a problem. Thank you. KA/ma cc: Tom Colbert v THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY s 0 Agenda Information Memo, October 7, 1986, City Council Meeting Page Two B. POLICE DEPARTMENT: Item 1. Police Department --The City is requesting that a 1984 Ford squad car be declared surplus property and sold to the highest bidder. Bids were solicited from Viking Auto and .Suburban Auto, with Suburban Auto being the highest bid in the amount of $2,289. The bid submitted by Viking Auto was $988. ACTION TO BE CONSIDERED ON THIS ITEM: To declare the 1984 Ford squad car, identified as Squad #10, as surplus property and sell to the highest bidder, Suburban Auto in the amount of $2,289. IQ Agenda Information Memo, October 7, 1986, City Council Meeting Page Three CONSENT AGENDA There are thirteen (.13) 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. CONTRACTORS LICENSES A. Contractor Licenses --Attached on page 1J 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 approve the list of contractor licenses as presented. Ll CONTRACTORS' LICENSE OCTOBER 79 1986 GENERAL CONTRACTORS 1.. ANDERSON-KNUTSON CONSTRUCTION CO 2. BAUER CONSTRUCTION 3. DIVERSIFIED CONSTRUCTION INC 4. GENE'S CONSTRUCTION COMPANY 5. HAVEN ENTERPRISES, INC 6. A HOME OF YOUR OWN 7. NIWINSKI CONSTRUCTION INC 8. MERLYN OLSON- HOMES 9. QUALITY EXTERIORS INC 10. SALDIN CONSTRUCTION INC 11. SHELARD COMPANIES INC 12. WELLS BUILDERS SUPPLY HEATING/VENTILATING 1. AIR CONDITIONING ASSOCIATES INC 2. BETHKE HTG & A/C 1. PETERSON'S PLUMBING 2. SETZ BROTHERS INC SWI14ENN POOLS 1. OLYMPIC POOLS 2. DIAMOND CLEAR POOLS INC Agenda Information Memo, October 7, 1986, City Council Meeting Page Four IN LIEU OF DUPLICATE ISSUANCE OF .NGLE FAMILY REVENUE BOND ISSUE B. Authorize Interest Payment in Lieu of Duplicate Issuance of Coupon for the Single Family Revenue Bond Issue --Minnesota Statutes require replacement of all lost bonds and coupons. According to Miller and Schroeder Financial Inc., in the instance of a lost coupon after the expiration date, bond council, in the past, has only requested an indemnity bond and a resolution authorizing payment to the bond holder. A coupon identified as, Series 1980 Coupon #12 was due May 1, 1986, on Bond #1926 ewhich is a single family mortgage revenue bond issue. To avoid the costly process of reprinting the coupon, a recommendation • was made by the City's financial consultant that a resolution be adopted authorizing payment of interest in lieu of issuance of a duplicate coupon, with respect to the aforementioned lost coupon. Enclosed on page is a copy of the resolution. ACTION TO BE CONSIDERED ON THIS ITEM': To approve a resolution authorizing payment of interest in lieu of issuance of a duplicate coupon with respect to a lost coupon identified as Series 1980, Coupon #12, due May 1, 1986 on Bond #1926. 0, • Extract of Minutes of Meeting of the City Council of the City of Eagan, Dakota County, Minnesota Pursuant to due call and notice thereof, a meeting of the City Council of the City of Eagan, Minnesota was duly held at the City Hall in said City on Tuesday, the day of 1986, at 6:30 p.m. The following members were present: and the following'absent: Member introduced the following resolution and moved its adoption. RESOLUTION AUTHORIZING PAYMENT OF INTEREST IN LIEU OF ISSUANCE OF DUPLICATION COUPON BE- IT RESOLVED By the City Council of the City of Eagan, Minnesota as follows: 1. The owner of Bond No. 1926, maturing May 1, 2012 of the City's outstanding First Mortgage Housing Revenue Bonds, Series 1980, dated May 1, 1980, • has stated that Coupon No. 12 due May 1, 1986 in the amount of $256.25 of such Bond has been lost and, as required by Section 475.70, Minnesota Statutes, has provided the City with an indemnity bond, hereby determined to be satisfactory. 2. The City Clerk shall direct the paying agent for such Bond to pay to the owner the interest payment evidenced by the lost coupon upon receipt from the owner of any expenses of the City incurred in connection therewith without causing a duplicate coupon to be prepared. Agenda Information Memo, October 7, 1986, City Council Meeting .Page Five CONTRACT 85-26, APPROVE CHANGE ORDER C. Contract 85-26, Approve Change Order #1 (Wells 8 6 9) --Wells No. 8 and 9 are presently being developed under Contract 815-26 within the Royal Oaks development immediately adjacent to and south of Surry Heights development. During the construction of these two wells, various revisions to the original design contract had to be incorporated to allow continued construction described as follows: PART I (WELL NO. 9 --HINCKLEY FORMATION). The initial 30 inch diameter casing was driven an additional 84 feet to minimize the potential of friction refusal that might be encountered similar to Well No. 8 (Jordan sandstone formation). In addition, the design 24 inch casing had to be removed and reinstalled after meeting resistance. (Part I - Add $16,600). PART II (WELL NO. 8 --JORDAN SANDSTONE FORMATION) After the initial placement of the 30 inch diameter design casing, the 24 inch diameter casing met refusal at a higher elevation than necessary to properly develop this well. Due to the obstructions encountered, additional costs were incurred in unsuccessfully trying to remove the obstruction and subsequent redesign to a smaller diameter well. (Part II - Add $12,000). PART III (NOISE BARRIER). Wells No. 8 and 9 are being developed approximately 100 feet south of existing townhouse units within the Surry Heights townhouse development. With the problems of obstructions encountered in the development of both wells, this project generated significant increase noise in pounding the well casings over an extended period of time. Due to.complaints received from Surry Heights homeowners, it was necessary to construct a 16 foot height by 56 foot long wood noise barrier wall to deflect and minimize the noise from the drilling equipment. (Add $2,891). The net result of these three portions of this change order is an additional $31,491 to the overall contract. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order No. 1 to Contract 85-26 in the amount of an additional $31,491 and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo, October 7, 1986, City Council Meeting Page Six CONTRACT 85-21, APPROVE CHANGE ORDER D. Contract 85-21, Approve Change Order ¢2 (Maintenance Building) --The design specifications for the construction of the addition and remodeling to the existing maintenance facility • allowed the City to deduct the cost of material acquisition for the,pre-engineered metal building and pre -cast concrete wall panels from the contract so that the City could purchase the materials directly from the supplier and bypass the sales tax, overhead and profit that the contractor included in his base bid for these items. While this contract provides for a deduction of $207,762 with the City purchasing the materials directly from the manufacturer for $161,262, it will result in a net savings to the City of $46,500 under the general contract. ACTION TO BE CONSIDERED ON THIS ITEM: Approve Change Order No. 2 to Contract 85-21 (Maintenance Building Expansion/Remodeling) and authorize execution of all related documents. Agenda Information Memo, October 7, 1986, City Council Meeting Page Seven GDN CLDB LAKE WATERSHED MANAGEMENT ORGANIZATION REPRESENTATIVE RESIGNATION E. Gun Club Lake Watershed Manag.ement O'rganiz'ation Representative Resignation --Enclosed on page ) is a letter of resignation received from Wes ,Lane regarding the City's Gun Club Lake WMO. Due to the recent appointment of Diane Hood as an alternate, the City's representation will be able to continue in full force until a replacement has been appointed by the Council. The Public Works Director would like to receive some input from the. Council regarding their desires for a replacement of this representative. ACTION TO BE CONSIDERED ON THIS ITEM: Receive and accept the resignation of Wes Lane as the City's representative to the Gun Club Lake WMO. MINNESOTA D.R.I.V.E, 3001 University Avenue S.E. Suite 510 Minneapolis, Minnesota 55414 Telephone (612) 331-5514 ED TREVIS President JACK MOGELSON Executive Vice -President SHERM LIIMATAINEN Secretary -Treasurer GENE VOGEL Recording Secretary Trustees RAYMOND J. HOGAN JACK J. JORGENSEN. Jr. JACK VELIN DICK HECK HAROLD PETERS JIM HOLTE DAN BRYANT DON CARLSON WES LANE • D.R.I.V.E. Rep. September 30, 1986 Mayor Bea Blcmquist City of Eagan 3820 Pilot Knob Road Eagan, MN. 55121 Dear Mayor Blcmquist: Cj � 1 This is to inform.you of 'my resignation from the Gun Club lake W Committee. It bas been a privilege and honor to serve the City of Eagan. However, because of my involvement with politics, it has made it impossible to • attend the meetings, at the present time, and I do not think it fair to the city or the W ammLittee. In the future, maybe after the election, if there is any committee I could serve, I would be happy to do so. SSinlcerely, eJ� 6 I es D. DRIVE Representative WDL:dijopeiu$12 cc: T. Colbert Democrat .Republican Independent Voter Education M 4451b.3 Agenda Information Memo, October 7, 1986, City Council Meeting Page Eight PROJECT 486, RECEIVE PETITION/ORDER FEASIBILITY REPORT F. Project 486 , Receive Petition/Order Feasibility Report (E -Z Air Park - Storm Sewer) --The staff has received a petition from the owners of the proposed E -Z Air Park expansion requesting the City's installation of the trunk storm sewer facility necessary to handle the additional parking lot expansion. There was a .; condition of approval for the Conditional Use Permit for this proposed development. ACTION TO BE CONSIDERED ON THIS ITEM:Receive the petition for Project 486 , (E -Z Air Park - Storm Sewer) and authorize the preparation of a feasibility report. Agenda Information Memo, October 7, 1986, City Council Meeting Page Nine CONTRACT 86-4, APPROVE CHANGE ORDER G. Contract 86-4, Approve Change Under No. 1 (Brittany 9th Addition) --This Change Order consists of two parts described as follows• PART A: At the time of initiating this contract, the deve- loper had not completed his grading operations to the tole- rance required through the development agreement. Subsequently, this contractor incurred additional costs to complete the grading necessary to proceed with the construc- tion of streets and utilities (Add $5,938.50). PART B: After the completion of utilities on the stub street from this addition to service the future Brittany 10th Addition, the developer completed concept design plans for the next phase development which showed that the recently installed grade elevation for -the stub street in the 9th Addition should be lowered to better accomodate its extension into the future phase developments. This resulted in an additional reconstruction of existing utilities (Add $4,254). All costs associated with this 'Change Order have been concurred to by the developer and will be 1008 assessable at the time of final cost tabulations. ACTION TO BE CONSIDERED ON THIS ITEM: Approve Change Order No. 1 to Contract 86-4 (Brittany 9th Addition) in the amount of an addition of $10,192.50 and authorize the Mayor and City Clerk to execute all related documents. t CONTRACT 86-5, APPROVE CHANGE ORDER H. Contract 86-5, Approve Change Order No. 1 (Windtree 5th & 6th Additions) --During the progression of the installation of streets within this subdivision, the electric and telephone companies were not able to direct bury their utility line crossings of the street prior to the contractor's scheduled surface operations. Subsequently, conduits were buried by the contractor to allow street crossings at a later date without open cutting the recently improved street. This result in an addition of $687.50 to the contract. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order No. 1 to Contract 86-5 (Windtree 5th & 6th Addition) in the amount of an additional $687.50 and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo, October 7, 1986, City Council Meeting Page Ten CONTRACT 86-5, APPROVE CHANGE ORDER I. Contract 86-5, Approve Change Order No. 2 (Windtree 5th a 6th Additions) --The developer of this subdivision did not complete his grading operations in accordance with the City approved grading plan prior to the City's contractor installing the utilities. Subsequently, additional overdepth of excavation was required by the contractor resulting in an additional cost of • $9,591. All costs associated with this change order will be fully asessable to this development and guaranteed through the development bond. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order No. 2 to Contract 86-5 (Windtree 5th & 6th Additions) in the amount of an additional $9,591 and authorize the Mayor and City Clerk to execute all related documents. CONTRACT 86-10, APPROVE CHANGE ORDER J. Contract 86-10, Approve Change Order No. 1 (Eagandale Center Industrial Park) --This change order consists of two parts described as follows: PART A: During the bidding phase of this contract, an • addendum was sent out to all plan holders indicating the need for a bid unit price for removal and replacement of existing curb and gutter in the industrial park necessitated by the installation of the trunk storm sewer. Although this contractor did not acknowledge the addendum and submit the required unit price, this change order provides for this Work to be done at the same unit price as the second low bidder. (Add $3,150). PART B: During construction of the storm sewer along the west service drive, the elevation conflicted with the loca- tion of an inplace water lateral resulting in the need to relocate the water main at an additional cost of $7,291.55. All costs associated with these change orders will be considered part of the contract and assessed to all benefitted properties accordingly. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order No. 1 to Contract 86-10 (Eagandale Industrial Park- Storm ,Sewer) in the additional amount of $10,441.55 and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo, October 7, 1986, City Council Meeting Page Eleven CONTRACT 86-15, APPROVE CHANGE ORDER R. Contract 86-15, Approve Change Order No. 1 (Hampton Heights - Trunk Water Main) --This change order consists of three parts described as follows: PART A: This contract provided for the installation of a 12 inch trunk water main through a portion of the Hampton Heights development. The Public Works Utility Maintenance Division had salvaged and stockpiles 340 feet of 12 inch water main pipe from a previous job. This water main material was then supplied to the contractor to be installed under this contract with the appropriate credit being applied. This resulted in a deduct of $3,50,2 to the City's trunk fund. PART B: Due to the over depth of this trunk water main in various locations to avoid conflict with some of the existing subdivision utilities, extension valves had to be added to several gate valves to insure ready accessibility by the Utility Maintenance Division. These extensions resulted in an additional cost of $921.76. PART C.: With the installation of this trunk water main providing distribution of treated water through the City and the transmission of raw water from Wells No. 8 and 9 and future Wells No. 9 and 10, it was appropriate to revise the design layout of the alignment to provide future fire protection for the maintenance garage facility and a water service to Well No. 4 to insure continuous priming of this pump. This resulted in a net addition of $19,043.26 to the contract. All costs ,associated with this change order will be the responsibility of the City's trunk water fund. ACTION TO BE CONSIDERED ON THIS ITEM: Approve Change Order No. 1 to Contract 86-15 (Hampton Heights - Trunk Water Main) in the additional amount of $19,043.26 and authorize the Mayor and City Clerk to execute all related documents. 0 Agenda Information Memo, October 7, 1986, City Council Meeting Page Twelve APPROVE FINAL PLAT/CHATTERTON PONDS L. Approve Final Plat, Chatterton Ponds --The staff has received an application for final plat approval for the Chatterton Ponds development, located south of St. John Neumann Church and east of Pilot Knob Road as identified by the final plat enclosed on page All conditions placed on the preliminary plat approved by Cou cil action on July 15,, 1986, have been satisfactorily complied with and 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 the final plat for the Chatterton Ponds Addition and authorize the Mayor and City Clerk to execute all related documents. CHATTERTON PONDS LOCATIM ._ ,,. • Agenda Information Memo, October 7, 1986, City Council Meeting Page Thirteen ONE -DAY CONSUMPTION AND DISPLAY/ST. JOHN NEUMANN M. One -Day Consumption and Display License for St. .John Neumann Church --The parish of St. John Neumann is planning a church dance on November 15, 1986. The application is specifically for a one -day consumption and display license - For a copy of the application, refer to pages /C% through �. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a onerday consumption and display license for the parish of St. John Neumann. CITY OF EAGAN aeao PILOT KNOB aoAD P.O. Box InmM CITY OF EAGAN EAGAN, MINNESOTA 59121 " APPLICATION FOR CONSUMPTION &DISPLAY -ONE DAY LICENSE Fee: Date Submitted: Reason For Event: Church Dance • • •& u 9•_ 705WT9 p.i�:TiJ� Date of Event: 11/15/86 Name of Non -Profit Organization: Parish of St. John Neumann A. The following is to be conpleted by the duly authorized officer of .the organization: 1. TRUE NAME: M i�ciraare'� 2. RESIDENCE ADDRESS: 3. DATE OF BIRTH: 4. PLACE OF BIRTH:_ Mots M n Ci�tate •Month/Day/Year 5. Have you ever been convicted of any crime other than a traffic offense? Yes Nom(_ If yes, explain: B. The following is to be completed by the designated Chairperson/Manager of the event: 1. TRUE NAME:_ Lynch Michael William Last First Full Middle t 2. RESIDENCE ADDRESS: 2008 E. 121st Street,Burnsville,Minn 55337 Street City State Zip 3 I: DATE OF BIRTH: OF BIRTH: 9 4. PLACE Minnea olis,Minn. ay Year City State .. 5. Have you ever been convicted of any crime other than a traffic offense? Yes No_&_ If Yes,. explain: 6. How long have you been a member of the organization? 4 Years ORGANIZATION INFORMATION: 1. Address where regular meetings are held: 4030 Pilot Knob Rd, Eagan - _ Street eet ,City 2. Day and time of meetings: Saturday afternoons and Sunday mornings 3. Is the applicant., organization organized under the laws of the State of Minnesota? Yes s X No •'._ 4. How long has the organization been in existence? 8 Years + "''5. How many members in the organization? 1400 to 1500 families Consumption & Display Application Page Two ORGANIZATION (continued) AAC rw no l i v GAO WMA ro la eso a O O 1 M 3Vt 1 1 4 AO I 6 What is the purpose of the organization Religion. .Social 7 Officers of the Organization NAME ADDRESS (street/city/zip) TITLE Mike Morrgnr_L ►lco-o Fi"Ae.w Ay)AVSIe, t) 5 -S -12W 8 Give the names of any other persons paid for services to the organization NAME ADDRESS (street/city/zip) TITLE n U "ge0 Cie,-Q..l F'r, �v *fo:?& P le+ kueb Rd Edhew 0C Sl„ -d \,,any k4nnrek Cho Slo3o P►� + k b U EgrAs," �}CIMIn►s L�,) VAA^AA 0- rrYJ15 goiA A1,4 l< jL r -d 5a 4T/Z2 9 In whose custody are organization records kept NAME Wsam _ rmdi ADDRESS d PI f ks&a Kd Ed - Street/City/State/Zip jj7/Lz Business Telephone Number IVSD/ ao7q Home Telephone Number Vf4,6 7397 THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD THE CITY OF EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SLITS INCLUDING ATTORNEY FEES AND OTHER DEFENSE COSTS WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANT OF THIS CONSUMPTION AND DISPLAY - ONE DAY LICENSE I I—C. w c3S and I Name Au o zedO icer o Org Name o Event airperson Manager 4JLae.Pa) ace rh ae Jt.._" hereby submit in duplicate this application for a consumption and display - one day license in accordane with the Eagan City Code Chapter 5 Section 5 80 and Minnesota Statutes p Sign Sure - OfficerSignature - Chat erson/Mara FOR CITY LSE ONLY POLICE APPROVAL Yes ( ) No ( ) SIGNED DATED CITY COUNCIL APPROVAL Yes ( ) No ( ) SIGNED r Agenda Information Memo, October, 7, 1986, City Council Meeting Page Fourteen PROPOSED GAMBLING ORDINANCE A. Public Hearing for Proposed Gambling Ordinance --At the August 19, 1986 City Counc=il meeting, a public hearing was set for the October 7, 1986 City Council meeting, to consider an ordinance amendment that would provide specific conditions for the statutorily allowed' form of gambling known as pull—tabs to be permitted at on -sale liquor establishments. For a copy of a letter that was sent to all Eagan service organizations and on -sale liquor establishments, refer to page ZZ. Enclosed on pages �3 throughis a copy of the proposed ordinance as directed by the Cit Council and prepared by the City Attorney's office for consideration on this matter. The ordinance amendment did accompany the letter to all representatives of service organizations or on -sale liquor establishments. ACTION TO BE CONSIDERED ON THIS ITEMc To approve or deny an ordinance amendment to provide specific conditions for the statutorily allowed form of.gambling known as pull—tabs. Z� of 3830 PILOT KNOB ROAD, P.O. BOX 21199 EAGAN, MINNESOTA 55121 PHONE= (612) 4548100 August.26, 1986 TO ALL EAGAN SERVICE ORGANIZATIONS AND ON -SALE LIQUOR ESTABLISHMENTS Dear Fellow Service Organizations and On -Sale Liquor Proprietors: BEA BLOMQUIST Mayor THOMAS EGAN 1AMES A SMITH VIC ELLISON THEODORE WACHTER Council Members THOMAS HEDGES CIN Mminlsira w EUGENE VAN OVERBEKE ON Clerk The Eagan City Council has been giving consideration to an ordi- nance amendment that would provide specific conditions for the statutorily -allowed form of gambling known as pull -tabs to be permitted in on -sale liquor establishments. At our last regular City Council meeting held on Tuesday, August 19, 1986, a public hearing was set for Tuesday, October 7, 1986, to give further consideration to an ordinance amendment. The City Council directed this office to send you a letter asking for your appearance and input which will be considered during the public hearing held on the aforementioned City Council date. Enclosed are two (2) alternatives. The specific difference between Alternative 1 and Alternative 2 is that Alternative 2, under Subdivision 3, Applications, Section C, allows for an exception: "unless the organization is a nationally -known charitable organiza- tion." If you are unable to attend the meeting on Tuesday, October 7, 1986, please feel free to submit a letter stating your feelings on the proposed ordinance amendment. Sincerely, Thomas L. Hedges City Administrator cc: E. J. VanOverbeke, Finance Director/City Clerk TLH/kf Z� THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 8-22-86 Draft ORDINANCE NO. _, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 5 AND 6 , ENTITLED "BEER, WINE AND LIQUOR LICENSING" AND "OTHER BUSINESS REGULATION AND LICENSING", RESPECTIVELY, TO PROVIDE SPECIFIC •CONDITIONS FOR THE STATUTORILY ALLOWED FORM OF GAMBLING KNOWN AS PULL TABS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code, Section 6.35, is hereby enacted to provide: Section 6.35. GAMBLING. Subd. 1. Purpose. To ensure that charitable gambling in Eagan is conducted primarily by Eagan non-profit organizations and that the proceeds from such gambling are used primarily for the betterment of the Eagan community. These restrictions shall be no less restrictive than Minnesota Statutes or regulations and shall apply only to pull tabs. Subd. 2. Approval Required. It is unlawful for any non-profit organization to operate or sell pull tabs in Eagan without approval from the Eagan City Council. Subd. 3. Applications. A. Applications for pull tab approval shall be considered and approved by the City Council only at regular meetings. B. Only applications made by eligible organizations will be considered for approval by the Council. ALTERNATE I. C. The applicant non-profit organization shall provide adequate proof that it has at least 15 active members and that at least 15 of its members are either employed or live within the City of Eagan. ' ALTERNATE II. C. The applicant non-profit organization shall provide adequate proof that it has at least 15 active members and that at least 15 of its members are either employed or live within the City unless the organization is a nationally known charitable organization. ' Subd. 4. Regulations and Restrictions. with ALTERNATE I. A. In addition to regulations imposed by the State of Minnesota, the approved organization shall be required to verify that 80% of the net proceeds collected from pull tabs is used to support recreational, civic, religious or cultural programs for the benefit of Eagan and its residents and all information and reports required to be submitted to the State shall also be submitted to the City, both with the application and on an annual basis. `Z3 • with ALTERNATE II. A. In addition to regulations imposed by the State of Minnesota, all information and reports required to be submitted to the State shall also be submitted to the City, both with the application and on an annual basis. B. Pull tabs may be sold only in on -sale liquor license establishments in the City, which are either owned or leased by the eligible organization. C. Eligible organizations may, however, be granted approval for the operation of pull tabs in premises other than on -sale liquor license establishments for no more than four consecutive days. Section 2. Eagan City Code Section 5.15 is hereby amended to read as follows: Section 5.15. Gambling Prohibited. It is unlawful for any licensee to keep, possess, or operate, or permit the keeping, possession, or operation on licensed premises of dice or any other gambling device, or permit raffles to be conducted., except as are licensed by the Minnesota Charitable Gambling Control Board and then only except as it complies with the established policy of the City. Pull tab sales by a non profit organization may be conducted in an area leased by said organization separate from the bar or service area. Pull tab sales -shall be made by a member or employee of the licensed organization only. Liquor sales and individuals less than the minimum age for consumption of intoxicating liquor shall not be allowed in the pull tab area. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation" and Sections 5.99 and 6.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim • .: herein. Section 4. Effective Date. This ordinance shall take effect upon its . adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL is Clerk Date Ordinance Adopted: Its Mayor Date Ordinance Published in the legal newspaper: titF Agenda Information Memo, October 7, 1986, City Council Meeting Page Fifteen PROJECT 481, BLUEBERRY CIRCLE - STORM SEWER B. Project,481, Blueberry Circle - Storm Sewer --In response to a petition received from several property owners located on the north side of Blueberry Circle, the staff prepared a Feasibility Report to discuss the installation of requested storm sewer facilities to handle the backyard drainage of several properties. Enclosed on pages _ _ through is a copy of the Feasibility Report presented to the Council on September 16 in scheduling the Public Hearing to be held on October 7. In trying the minimize the cost of this additional storm sewer to the affected residents, the developer (Sienna Corporation) has agreed to provide all design engineering services and the City would provide all contract management and inspection at no cost to the affected homeowners. This reduces the estimated overhead to approximately '_8 over the estimated construction costs. Several homeowners who drain into this low area have expressed objections, for having to pay for the storm sewer facilities. Subsequently, several alternates of final assessments were prepared identifying all properties who drain into the low area to be services by the storm sewer, those lots who would directly benefit from having this storm sewer installed and those lots who petitioned for the improvements. Because of the expressed objections and anticipated assessment appeals of several properties owners, it, was recommended that the Council not approve this project until 1) a waiver of assessment objection is submitted for those property owners proposed to be assessed; 2) the cost is spread equitably over only those property owners so waiving any objection to assessments, or 3) the final assessment hearing is held to insure no written objections submitted prior to awarding the contract.. The Public Works Director will be available to discuss in further detail the issues and concerns associated with this proposed improvement improvement at the hearing on October 7. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the installation of Project 481 (Blueberry Circle - Storm Sewer) and if approved, authorize the . preparation of plans and specifications. ZS e CIiY DF FAGAN PUBLIC WORKS DFPARTMFNT MITERING DIVISION BLUEBERRY C[RCbE STORM SEWER • PROJECT 461 Approved by: Public Works Dept: -is Date City Council: Date 2 �o MEMO TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: RICHARD M HEFTI, ASSISTANT CITY ENGINEER DATE: SEPTEMBER 15, 1986 SUBJECT: FEASIBILITY REPORT FOR BLUEBERRY CIRCLE STORM SEWER PROJECT # 481 On August 19, 1986, the Council directed the Engineering Division of Public Works to study the feasibility of providing a solution to an existing drainage problem within Lots 14, 15 and 16, Block 7, Hilltop Estates Addition. This feasibility study request resulted from the residents of these lots petitioning the City Council for such a study. The Engineering Division analyzed the existing problem and proposed solutions to this problem. This report presents the results of the • analysis and recommends installing a storm sewer line within Blueberry Circle and Blueberry Lane, at an estimated cost of $16,926, to solve the existing drainage problem. The following report also proposes different alternatives for financing the project costs under special assessments. The Public Works Director will be present at the October 7, 1986, public hearing to explain this project and answer any questions the Council or public may have. Respectfully submitted, Richard'M. H ti Assistant City Engineer RMH/jj I hereby certify that this • report was prepared by me or under my direct super- vision .and that I am a duly Registered Professional Engineer under the laws of the State /of Minnesota. Richard M. Heft DATE: September 15, 1986 REG. NO. 149 73 �7 • I FEASIBILITY REPORT' PROD. NO. 481 BLUEBERRY CIRCLE LATERAL STORM SEWER PURPOSE The purpose of this feasibility report for Project 481 is to investigate solutions to an existingdrainage problem for Lots 14, 15, & 16, Block 7, Hilltop Estates Addition. The Council, acting on the residents' petition, authorized the preparation of the feasibility report on August 19, 1986 and assigned its preparation to the Public Works Engineering Division. SCOPE The scope of this project is to construct the necessary lateral storm sewer to provide an outlet to an existing low area in the rear yard of Lot 15. This report will briefly discuss the history of the problem, propose a solution including a cost estimate, and financing of this project. EXISTING CONDITIONS The existing drainage problem consists of a low area that holds water in the rear yards of Lots 14 & 15. Figure 1 shows the approximate drainage area (Lots 11-17 & part of 18) into this low area. This problem is primarily the result of the house on Lot 16 being built too low which prohibited the filling of the rear of Lots 14 & 15 to obtain overland drainage to the street (Blueberry. Circle). • Z FEASIBILITY & RECOMMENDATIONS The construction of a storm sewer pipe outlet to drain the problem area, as described under. PROPOSED IMPROVEMENT, is feasible from an Engineering standpoint. The Public Works Engineering Division recommends adding this project to an existing contract by way of change order so as to complete this project in time for next spring's runoff. PROPOSED IMPROVEMENTS The developer's engineer, J.R. Hill, Inc., made a preliminary study of four alternatives to solve this drainage problem. In a report to the developer, dated July 21, 1986, (Sienna Corporation), the engineer recommended the construction of a 12" gravity storm sewer pipe shown in Figure 2. The Public Works Engineering Division agrees with this recommendation as do most of the affected residents through their petition. This storm sewer could be built with a minimum of 'street repair by staying within the boulevard for Blueberry Circle & Blueberry Lane. Along with the 12" storm sewer pipe construction would be 1 manhole, 1 catch basin, and boulevard & street restoration. FINANCING Staff estimates the project costs at $16,926. These costs are for construction only & do not reflect any overhead costs. In an attempt to limit the costs for this project, the City will be .performing the preparation of this f,easibil.ity study & construction inspection with the developer providing the design engineering & construction management, thereby eliminating the overhead costs. A detailed cost estimate is attached at the end of this report. ASSESSMENTS Four of the residents (Lots 13-16) have agreed to pay for the costs of installing the storm sewer system the Public Works Engineering Division proposes. However, Lots 11, 12, 17 part of 18 contribute runoff because they're located within the drainage basin. As a result, staff has prepared several preliminary assessment roll alternatives based on the number of lots being assessed and also by the assessable square footage. These are contained at the, end of this report. 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II8.91.. �. \ 20 ° /,ry 31 0 ^ r '° y N ,0ry / n o O� In 0 , q J W I; I r i W 0 i O 1T, r 4 I I W ,- 1 m LA N� y� S� /8 M O J20 •, \ ' - N O T � min ,D: D \ % / a to. � K F \I O- 1 n O el n" 23 a ,0 m"' t^ . I Z i Ph ° m ';I ryy �s �\ q)�' 19 him. s� _ " 1 ' 101.12 cl 9.28 00-'J 0 �3 = 130. n I0 F� Y--� SiDrZM ��£V lE2 4 Q Blueberry Circle Storm Sewer - 481 Cost Estimate Item Est'd Unit No. -------------------------------------------------------------------- Item Description Quantity Unit Price Amount -------------------------------------------------------------------- 1 12" PVC Pipe (0-8'deep) 640, LF $18 $11,520 2 Standard MH (0-8'deep) 1 EA $800 $800 3 Catch Basin, Des. H 1 EA $650 $650 4 Sod w/ topsoil 525 SY $2 $1,050 5 Street Restoration 1 LS $1,200 $1,200 6 -------------------------------------------------------------------- Driveway Restoration 3 EA $300 $900 -------------------------------------------------------------------- Total Construction Costs $16,120 5% Contingencies $806 Total Est'd Project Costs $16,926 • 0 Preliminary Assessment Roll Project 481 ****Alternate A ****Alternate B' Assessment Rate Assessment Parcel Description PIN No. Area Lot /Sq.Ft../Sq.Ft. /Sq.Ft. /Lot ------------------------------------------------------------------------------------- Hilltop Estates Block 7 Lot 11 10-330007110-07 18,771 1.0 $0.1278 $2,398 $2,257 Lot 12 10-33000-120-07 18,237 1.0 $0.1278 $2,330 $2,257 Lot 13 10-33000-130-07 13,739 1.0 $0.1278 $1,756 $2,257 • Lot 14 10-33000-140-07 12,653 1.0 $0.1278 $1,617 $2,257 Lot 15 10-33000-150-07 16,369 1.0 $0.1278 $2,092 $2,257 Lot 16 10-33000-160-07 26,649 1.0 $0.1278 $3,405 $2,257 Lot 17 10-33000-170-07 14,355 1.0 $0.1278 $1,834 $2,257 Lot 18 10-33000-180-07 11,693 0.5 $0.1278 $1,494 $1,128 Total 132,466 7.5 $16,926 $16,926 ****Alternate B' Assessment Rate Assessment Parcel Description PIN No. Area Lot /Sq.Ft. /Sq.Ft. /Lot Block 7 Lot 12 110-33000-120-07 18,237 1.0 $0.1659 $3,026 $2,821 Lot 13 10-33000-130-07 13,739 1.0 $0.1659 $2,280 $2,821 Lot 14 10-33000-140-07 12,653 1.0 $0.1659• $2,100 $2,821 Lot 15 10-33000-150-07 16,369 1.0 $0.1659 $2,716 $2,821. Lot 16 10-33000-160-07 26,649 1.0 $0.1659 $4,422 $2,821 Lot 17 10-33000-170-07 14,355 1.0 $0.1659 $2,382 --------------- $2,821 Total --------------------- 102,002 6.0 $16,926 $16,926 Preliminary Assessment Roll ****Alternate C Project 481 ****Alternate D Assessment Rate Assessment Parcel Description ---------------------------------------------------------------------------------------- PIN No. Area Lot /Sq.Ft. /Sq.Ft. /Lot ---------------------------------------------------------------------------------------- Hilltop Estates Block 7 Lot 13 10-33000-130-07 13,739 1.0 $0.2439 $3,350 $4,232 Lot 14 10-33000-140-07 12,653 1.0 $0.2439 $3,086 $4,232 Lot 15 10-33000-150-07 16,369 1.0 $0.2439 $3,992 $4,232 Lot 16 10-33000-160-07 26,649 1.0 $0.2439 $6,499 $4,232 • ---------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- Total 69,410 4.0 $16,926 $16,926 ****Alternate D Assessment Rate Assessment Parcel Description ---------------------------------------------------------------------------------------- PIN No. Area Lot /Sq.Ft. /Sq.Ft. /Lot ---------------------------------------------------------------------------------------- Hilltop Estates Block 7 Lot 14 10-33000-140-07 ,12,653 1..0 $0.3040 $3,847 $5,642 Lot 15 10-33000-150-07 16,369 1.0 $0.3040 $4,977 $5,642 Lot 16 10-33000-160-07 26,649 1.0 $0.3040 $8,102 $5,642 ---------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- Total 55,671 , 3.0 $16,926 $16,926 Agenda Information Memo, October 7, 1986, City Council Meeting Page Sixteen FINAL ASSESSMENT HEARING, PROJECT 451 — TRUNK WATER MAIN C. Continued Final Assessment Hearing for Project 451 (Hampton Heights - Trunk Water Main) --At the September 16 Final Assessment Hearing, verbal objections were presented by Mr. Harry Lemieux and Ms. Judy Lemieux regarding the trunk area water assessments against Parcels 10-01600-010-05 and 10-01600-010-06, respectively. • Subsequent to that hearing, the Public Works Director met with Mr. Lemieux and forwarded the appropriate verification regarding these assessments to Ms. Lemieux. • Subsequently, it is now recommended that the continued final assessment hearing for Project 451 for these two parcels be closed and the original proposed final assessments be reaffirmed, approved and authorized for certification to the County for collection. ACTION TO BE CONSIDERED ON THIS ITEM: To close the final asses- sment hearing for Project 451 (Hampton Heights - Trunk Water Main) for Parcels 10-01600-010-05 and 10-01600-010-06 and authorize the certification to the County for collection. UJ 1.:. ➢.ice' .i� �',. tiri`r: �i ii!' Agenda Information Memo, October 7, 1986, City Council Meeting Page Seventeen PRELIMINARY PLAT FOR SUNPOINTE A. Preliminary Plat for Sunpointe Consisting of 90 Townhouse Units on Approximately 10.5 Acres --This item was considered by the City Council at their September 16, 1986 meeting, and after considering public input and raising questions about the future development of the remaining 44 acres of Eagan Hills West, this item was continued until the October 7 meeting. The city staff was directed to work with the developer and neighbors to discuss the remaining development that will be identified as Outlot A and report back to the City Council. A neighborhood meeting was held on Thursday, October 2, to discuss the Sunpointe Planned Development Agreement for the Eagan Hills • West. The City Planner will submit a report concerning the meeting that will be included in the Additional Information packet on Monday. For additional information on this item, refer to the Planning an(d� Engineering Department report found on pages IiK through For the action taken by the Advisory Planning Commission, refer to the minutes enclosed on pages �y through $ . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat entitled Sunpointe Addition. 37 R CITY OF EAGAN SUBJECT: Preliminary Plat (Sunpointe) APPLICANT: RMC Development & Advance Developers LOCATION: SA Section 20 EXISTING ZONING: (Multiple) within Eagan Hills West P.D. DATE OF PUBLIC HEARING: 26 August, 1986 DATE OF REPORT: 15 August, 1986 REPORTED BY: Planning & Engineering Department • APPLICATION: An application has been submitted requesting a preliminary plat for Sunpointe Townhouses. This plat consists of 90 townhouse units on 10.5 acres on the north side of Diffley Road directly across the road from the existing Southpoint Courtyard Homes. ZONING & LAND USE '`s7 This area of the Eagan Hills West PD is zoned high density or 12+ units per acre. The plat will have an overall density of 8.6 units per acre. The 10.5 acres will be divided into 9 separate lots, 6 containing 12 unit buildings and 3 with 6 unit buildings. The remaining 44.35 acres will become Outlot A. Adjacent land uses include small agricultural parcels to the east and the Rahn Subdivision to the northeast, the Outlot with similar density to the north and west and the Southpoint homes on the south side of Diffley Road. SITE PLAN/BUILDING DETAILS The first phase of development will be serviced from the Sunpointe Circle cul-de-sac. This cul-de-sac will connect to the proposed Beaver Dam Road loop extension. The tear drop island in the cul-de-sac will be landscaped and maintained by an association. This association will also be responsible for snow and trash removal. All building/parking setbacks exceed Code requirements. Attached parking is provided for each unit with additional guest space in front of the garage door. The land is primarily rolling grassland with scattered tree stands. The proposed landscape plan will be similar to that across Diffley Road except that the area along Diffley will have i' an interrupted berm with a variety of plant materials. SUNPOINTE APC - AUGUST 26, 1986 PAGE 2 The proposed buildings will be the same as the Southpoint Courtyard Homes. Over half of those 48 units were sold in the initial seven, weeks of marketing. The low maintenance aluminum siding will come in 3 colors and 3 unit floor plans will be available. These units range in price from the low $60's to high 80's. Amenities include: built in microwaves, oak woodwork, vaulted ceilings, sunken living rooms, main floor laundry areas, private entries, triple glassed windows and redwood decks. Available options include central air conditions with built in humidifiers, fireplaces, water softeners and a security system. GRADING/DRAINAGE: The preliminary grading plan the applicant proposes is feasible and meets all City Codes and requirements. However, the grading will slightly change existing drainage patterns for Pond AP -4 and Pond AP -35. The grading plan proposes to shift S this drainage divide slightly to the northeast, thereby increasing the tributary area to Pond AP -35 by about 2 acres and decreasing the tributary area to Pond AP -4 by the same. This is shown in Figure 1. Staff does not believe this minor change in tributary areas will significantly affect either Pond AP -35 or Pond AP -4. However, neither pond presently has a positive gravity outlet. Both ponds accept runoff from developed areas at the present time. Staff recommends that as a condition of final plat approval the City y Council authorize the trunk storm sewer gravity outlet for Pond AP - 4. Although Pond AP -35 is within 1' of the Comprehensive Plan highwater elevation, there is no property adjacent to it which would be adversely affected if this pond floods for the time being. Staff feels it would be more appropriate for further development to occur in order to determine an alignment for the outlet to the west for ' Pond AP -35. Staff recommends requiring the developer to extend erosion control measures adjacent the entire grading limits that are adjacent to AP - 4. UTILITIES: Utilities of sufficient size, capacity and depth exist adjacent this proposed site to provide the necessary service to this proposed development. - The applicant proposes on extending an 8" water main north along Beaver Dam Road from the existing 18" water main within Diffley Road. Staff does not feel. the County will allow an open cut on Diffley Road to make this connection. Instead, staff recommends that the developer connect to the existing 18" water main at its southeasterly property corner where the trunk water main is located within the boulevard area. In this case, the developer can extend a 6" line to connect to the 6" line he is proposing to extend,from the Art Rahn Addition. At the point where they meet, the line shall be increased to an 8" line and extended westerly to Beaver Dam Road. The applicant proposes on extending the sanitary sewer north along Beaver Dam Road from Diffley Road. The existing sanitary sewer manhole is located near the edge of Diffley Road where the developer t proposes 0 extend Beaver Dam Road to the north. SUNPOINTE APC - AUGUST 26, 1986 PAGE 3 a"4 This development will have a future problem in obtaining sanitary. sewer service to the northwest corner of this development. This area is too low to be serviced from the existing sanitary sewer at Beaver Dam Road. For this area to develop, either a'lateral line will have to be constructed from a trunk line in Jade Lane or Rahn Road, or this corner of the development will ,have to construct their own pumping station. However','this does not affect this particular development. STREETS: This development has access to only one existing street, that being Diffley Road (County Road 30). The preliminary plat proposes to extend Beaver Dam Road north in a "U" -shaped configuration with the other access point being about 740' west. The westerly access is flexible and need not be exactly determined until such time as the remaining area of this development develops. The final location of this westerly access point will require approval from the Dakota County Highway Department. This development proposes to extend Beaver Dam Road as .a 34' (back - of -curb to back -of -curb) width street. However, because of the density proposed and anticipated future high density in this area, staff recommends that the minimum width of this street be 36' face to face. Staff estimates that upon full development, this 60 acres of multi -family residential could generate an average daily traffic volume of about 3,000 vehicles per day. The internal street for this development is a private street. This private street and the private driveways all meet City Code requirements. One of the requirements for this development is that all the private driveways to the buildings shall have concrete curbing, with the private drive having concrete curb and gutter. •RIGHT-OF-WAY/EASEMENTS: The 60' proposed public right-of-way that this development will dedicate for Beaver Dam Road is adequate. This development has provided the necessary right-of-way for Diffley Road in the form of a highway easement. For clarity purposes, this development shall dedicate this right-of-way on the plat. This development shall dedicate a minimum 20' utility easement over the proposed water main and sanitary sewer not located within public right-of-way. This development will also be responsible for dedicatingthe necessary ponding and utility easements for Pond AP -4, along with Pond AP -35, to encompass their respective high water elevations. PERMITS: This development will be responsible for obtaining the necessary permits for the following: 1. Sanitary sewer extension from MPCA. 2. Sanitary sewer extension approval from MWCC. 3. Water main extension from Mn. Dept. of Health. 4. Utility crossing permit from Dakota County. SUNPOINTE APC - AUGUST 26, 1986 PAGE 4 TRAILWAYS: In updating the Master Trail Plan for the City, staff is proposing a trailway along the north side of Diffley Road. Therefore, it will be this development's responsibility for an 8' trailway along Diffley Road. ASSESSMENTS: According to the City's assessment records, the only trunk related assessment this development is responsible for is lateral benefit from trunk water main installed within Diffley Road under Project 64. Staff recommends that this development be responsible for its entire frontage along Diffley Road at one-half the lateral benefit from the trunk water main rate in effect at the time of final platting. The benefit from this trunk water main is related to looping for flow and pressure but not direct service. In these instances, staff recommends assessing one-half the regular rate. The assessable footage this development will be responsible for will be the entire frontage along Diffley Road less the 60' proposed right-of-way and a 150' corner lot credit at the east and west end. This amounts to approximately 1,6801. The total amount of lateral benefit from trunk water main this development will be responsible for will be approximately $9,980. The frontage along Cliff Road associated with Block 1 of this development will be due at the time of final platting either by direct payment or assessed by Waiver. This amounts to approximately $4,135 (696' @ $5.94 per front foot) as shown in Figure 2. All remaining costs associated with developing this property, with the exception of trunk storm sewer, will be the sole responsibility'` of this development. CONDITIONS: SDNPOINTE PRELIMINARY PLAT N `�"' 1. The Council must authorize the construction of a trunk storm sewer outlet to Pond AP -4 prior to final plat approval. 2. The minimum street width shall be 36' for public streets. 3. The internal private street shall have concrete curb and gutter with the internal private drives having concrete curbing. 4. The water main must be connected at the southeast corner of this development. This connection may be made with a 6" main, but where this connection ties into the southerly extension of the 6" main from the Rahn Addition, it shall be increased to an 8" water main for extension westerly'throughout this site. 5. This development is responsible for obtaining the necessary permits or approvals from MPCA, MWCC, MN Department of Health and the Dakota County Highway Department prior to release of plat documents -for recording. 6. This development will be responsible for an 8' bituminous trailway along..the north side of Diffley Road. 7. This development will be responsible for its lateral benefit from trunk water -main at one-half the rate in effect at the time of final platting. 8. This development shall dedicate a minimum 20' width utility easement over-all publicly owned utility lines not located within public.right-of-way. 9. This development shall dedicate the necessary ponding easements for Pond AP -4. and Pond AP -35. 10. This development shall also post the south side of the private drive as: "Eire Lane - No Parking" and restrict parking along Beaver Dam Road at all times. 11. All standard plat conditions shall be adhered to. 12. All trash must be kept in the individual garages until the day of pick up by one collector. 13. The developer be responsible for the maintenance of the cul-de-sac island. 14. A financial guarantee for 'the landscaping ensuring proper install- ation and sizes shall not be released until one full year after completion. q-3 A —0 P. -I 0 PrellMinory P41of of- SUN POINT for: R M. Q Devel'opment, corp. a Advance Developersinc. JEll Q, , Pi 901 I t f 3 ,FF ME� F 32, "ftl R. WINDEN It ASSOCIATES, INC. AA 3 A WE M� 7 ST.PA�-=A �W r B99.B / -.\ I \J_/ 1 995•. WATER 1989. 1 M.YL.I LwJ A.L. MLe ........... PCNC / 6 ' L Q /1 714 —'•OIC 30 a (DIFFLEV ROAD) 1 •`. I M ��`� $_ I .' o Ln W.,,'us. . « I s , I�-ate V pp ..IFS. ��^ I � N{� j1• N Church j p w ¢ I SUN m M CLIFF — — p - THIRD ADDITION Prellminory Site Plan of- SUN POINT Ex DATA I = ` for: R.M.C. Development, Corp. 6 I".a ...II. o. «..,w—c.eaAry•e N 0.4= � nn M Advance Developers, Inc. - I=w•• �r--+R"' 122.vw Taltl . w «.YyN 7AM vol. W. N s• Y.•. M A•IIW`4 RALE I' • W Ld MM .M. • "I 9 C R. WPIDEN i ASSOCIATES, HG I1] Y.pw ti W.b . Iw I.Itl LAro rt��w• nwrcr. x art aml D,� W Nr uod 41. im slro n w . xs r.0 e-..7 %b X8 WA TE x 899.8 x a ......... . —�— I r�� iIT �m•. moi. •��.� i�(� Ro en C i# _ 1 �I I Ut, dt But SCALE: 1--50f 'Nicol Datum - PLOMOL 1929 It Mi Z Pmpmd Cwtow bftrvol .'"T. =Combs tUTAr" EP C:_ -7D Drofts 'FILL! A. '�71 Deralas Envk of..6 or EcION.Iont for Emsiort Doncene Nq 011 Weriel qO. 30 (DIFFLEq ROAD) C'. Church SUN M 2 CLIFF THIRD ADDITION Preliminary Grading. Drainage 61 Erosion Control Plan of: SUN POINT for: R.M.C. Development, Corp. a Advance Developers, Inc. C. R. WINDEN I ASSOCIATES, W— LYO Rally 6e1ViT2 1 0`11 olbVl X8 WA TE x 899.8 x a ......... . —�— I r�� iIT �m•. moi. •��.� i�(� Ro en C i# _ 1 �I I Ut, dt But SCALE: 1--50f 'Nicol Datum - PLOMOL 1929 It Mi Z Pmpmd Cwtow bftrvol .'"T. =Combs tUTAr" EP C:_ -7D Drofts 'FILL! A. '�71 Deralas Envk of..6 or EcION.Iont for Emsiort Doncene Nq 011 Weriel qO. 30 (DIFFLEq ROAD) C'. Church SUN M 2 CLIFF THIRD ADDITION Preliminary Grading. Drainage 61 Erosion Control Plan of: SUN POINT for: R.M.C. Development, Corp. a Advance Developers, Inc. C. R. WINDEN I ASSOCIATES, W— LYO Rally 6e1ViT2 1 0`11 olbVl x899.8 ddd. \ m I u Ro en O[I 01 2-U _ 911 \ cT I jk .xg _ Nil10 B r \ oll UNI TER _ 1 12 -UNI U E.:3 BAJ r �n 9 0�9 - BugaNq J Wenzel .t_ Of{ 30 .j (DIFFLEY ROAD ce CAuccR W xL e e P ,p- •r,.• P a ¢ I SUN W" m CLIFF o THIRD ADDITION Preliminary Utility Layout of- SUN POINT YOT6 for: R.M.C. Development, Corp. 8 N Advance Developers, Inc. SC, E+ 1' • SC C R. MEN l ASSOMATES, W— u tia.ew. auema a m ocml ,T �[%iw. , ua; cwTa [xu ,, 1�. • f� Nir9 SUN POINT L*r 1� to C«l a Ad,.... 16PS" I.. ME SUN POINT C«l a Ad,.... 16PS" I.. -�-77----7— - LA7EY-AL bENEFIT TRUNK WA7Ey-MA114 :I i y •., I I e_. I y Cli B. yGin•• �'•!�_� 'i. / rl I .�5 2 J. Ea., COUN11--i — — — -- — — —7 30lIFFLE ?—ROAD]— t cU., mw Tm 0 A00.T am M fD C. R. WINDEN & ASSOC LUN M�H� 13S MSM $"(IT ST. PAM, 1 50TA slot Le APC Minutes August 26, 1986 7. This development shall be responsible for dedicating a 30 foot utility easement over the sanitary sewer and water main -extended to the southeasterly most corner of this development and a minimum of a 20 foot utility easement over any public utilities not installed within public right-of-way. This development will be required to dedicate a 40 foot drainage easement over the back yards adjacent to the'fNorthern Natural'-. Gas pipeline and a 10 foot drainage easement adjacent to rear lot lines used for drainage swails. This .development will be responsible for providing a 30 foot temporary construction easement along all lots adjacent to Pilot Knob Road north of the Rebecca Lane street extension. 8. This development shall be responsible for the remaining trunk area, street improvements and trailway assessmdnts not covered by the Fairway Hills 1st Addition. This development shall also be responsible for the additional street and trailway assessments for frontage along Pilot Knob Road as a result of the parkland swap at the rates in effect at the time of final platting. 0 9. All standard plan conditions shall be adhered to. 10. This plat shall be reviewed by the Advisory Parks and Recreation Commission and shall be subject to their recommendations. 11. Home buyers shall be notified by the developer or its agents and assigns of the risks of being adjacent to the golf course and gas line in negotiating for lots adjacent to these facilities. �i 12. The Building Inspection Department shall closely. monitor the construction of the dwelling on the corner lot backing to Parkview Golf Course and across by the gas line easement. All voted yea. SUNPOINTE - PRELIMINARY PLAT The next public hearing convened was in regard to Sunpointe Addition by Advance Developers consisting of 90 townhouse units on approximately 10.5 acres located in part of the southwest quarter of Section 20, west of Blackhawk Road, abutting Diffley Road. After the public hearing was convened by Chairperson McCrea, City Planner Runkle described the planned phases of this planned development designated for multiple use. Mr. Robert Carlson was present on behalf of the developer and provided information in regard to the 50 foot buffer between neighboring properties and the description of the units similar to the Southpoint units on the south side of Diffley Road. Mr.'John Willenburg of 4068 Magnetite- Point appeared objecting to the large area of high density in this particular neighborhood. Mr. Dennis Castle of 1835 Jade Lane appeared requesting information in regard to the planned development. He also proposed a phasing for lower density units in the s. _northern part of the parcel and requested that the City consider additional parks and"-trailways. Mr. Randy Raddatz of 4064 Magnetite Point requested Y 5 APC Minutes August 26, 1986 information in regard to owner/occupancy. Mr. Carlson indicated that VA and FRA loans all require owner/occupancy. Mr. Mark Brown of 1849 Kathryn Circle appeared requesting information in regard to the pond elevation on the eastern portion of the parcel, potential assessments and utility extensions. Ms. Leslie Klein of 4060 Magnetite Point appeared objecting to the number of multi -family homes and apartments in the area and the impact on the values of single family homes. Diane Hasselquist .of 1845 Kathryn Circle appeared requesting information regarding assessments. Mr. James Ashworth of 4235 Blackhawk Road expressed concern regard traffic flow. Mrs. Murray Hakala, a Diffley Road resident, appeared requesting information in regard to the buffer to the west of her property. Harrison objected to a piecemeal approach to the development of this portion of the PD. All recommended that a homeowners association be required as a condition' in. addition to the inability to transfer density. There was significant discussion about the problems associated with private tot lots.. Trygg moved, Hall seconded the motion to recommend approval of the preliminary plat, subject to the following conditions: 1. The Council shall authorize the construction of a trunk storm sewer outlet to Pond AP -4 prior to final plat approval. 2. The minimum street width shall be 36 feet for public streets. 3. The internal private street shall have concrete curb and gutter with the internal private drives having concrete curbing. 4. The water main shall be connected at the southeast corner of this development. This connection may be made with a 6 inch main, but where this connection ties into the southerly extension of the 6 inch main from the Rahn Addition, it shall be increased to an 8 inch water main for extension westerly throughout this site. 5. This development shall be responsible for obtaining the necessary permits or approvals from MPCA, MWCC, MN Department of Health and the Dakota County Highway Department prior to release of plat documents for recording. 6. -This development shall be responsible for an 8 foot bituminous trailyay along the north side of Diffley Road. 7. This development shall be responsible for its lateral benefit from trunk water main at one-half the rate in effect at the time of final platting. • 8. This development shall dedicate a minimum 20 foot width utility easement over all publicly owned utility lines not located within public right-of-way. 9. This development shall dedicate the necessary ponding easements for Pond AP -4 and Pond AP -35. 10. This development shall also post the south side of the private drive as: "Fire- Lane - No Parking" and restrict parking along Beaver Dam Road at4 all times. $3 6 ArU CIILLULC� August 26, 1986 i�'oS•j 11. All standard plat conditions shall be adhered to. 12. All trash must be kept in the individual garages until the day of pick up by one collector. 13. The developer shall be responsible for the maintenance of the cul-de- sac island. 14. A financial guarantee for the landscaping ensuring proper installation and sizes shall not be released until one full year after completion. 15. That a homeowners association shall be established in accord with City staff approval. 16. The reduction in density to the City will not be transferable to other portions of the Planned Development. • 17. A 50 foot buffer shall be maintained between the buildings and neighboring parcels. All voted in favor except Wilkins and Harrison who voted no. >� JOHNNY CAKE RIDGE 5TH ADDITION - PRELIMINARY PLAT The last public hearing convened by Chairperson McCrea was the preliminary plat of Johnny Cake Ridge 5th Addition by Good Value Homes, Inc. consisting of 12 townhouse units on approximately 4 acres located in part of the northwest quarter of Section 33, south of Cliff Road and east of Johnny Cake Ridge Road. Dale Runkle introduced the application. Mr. John Petrim of Good Value Homes, Inc. was present to provide information in regard to the development of these three quad units in an area previously not developed by the original developer or Orrin Thompson. Ms. Debbie Tresidder of 4639 Penkwe Way was present and indicated that she had relied upon representations of Orrin Thompson as indicated in a drawing of RidgeCliffe Addition wherein the area proposed was designated as common area. Ms. Barbara Young was present and indicated her reliance upon the same representations and that the units provided a much different style as compared with the existing development. Voracek moved, Harrison seconded the motion to recommend denial of the preliminary plat, based upon the reliance of owners in the development upon representations of the previous developer, the adjacent owners and the City, that the area would be open area. All voted yea. COMPREHENSIVE GUIDE AMENDMENT MEETING At the suggestion of the chairperson, it was recommended that the September Joint Comprehensive Guide meeting be opened to developments to allow discussion of plans for various areae of the City not yet formalized. Harrison moved, Trygg seconded the motion. All voted in favor. 7 Agenda Information Memo, October 7, 1986, City Council Meeting Page Eighteen REVIEW FINAL DRAFT FOR TAX INCREMENT FINANCING GUIDELINES B. Review Final Draft for Tax Increment Financing Guidelines --The Economic Development Commission was given a directive by the City Council this past spring to review a business financing option entitled Tax Increment Financing and determine whether the issuance of TIF bonds should become a useable business financing tool, under cert - conditions, for the City of Eagan. The Economic Development Commission made a study and it was their determination that Tax Increment Financing should be allowed as a business financing tool, however, the City Council should reserve the right to approve or reject projects on a case-by-case ®, basis, taking into consideration certain factors. The City Council received the recommendation of the Economic Development Commission late this spring and asked that 1) A policy statement and list of criteria be prepared to review 'Tax Increment Financing applica- tions and 2) A public hearing be held, moderated by an expert in the field, to allow public testimony, questions by City Council and Economic Development Commission and the ability to use this input for final review and preparation of the guidelines. The Economic Development Commission completed their policy and criteria guidelines this summer and a copy of that document was submitted to the City Council with the September 16 packet, for review purposes. With one modification, the guideline packet is being presented for consideration. That modification is the addition of a factor that Tax Increment Financing may be considered if it is a proven fact to the City of Eagan that the business under consideration for special financing could locate in other areas of the country. The specific language is being drafted and will be provided as a part of the Administrative Agenda on October 6. Practically speaking, with the new tax legislation, Tax Increment Financing has been severely regulated. In order to consider a non -housing related Tax Increment Financing project, a development district of no less then 100 acres must be .created as the first criteria. There are additional restrictions included in the recent legislation that will severely restrict the use of TIF to a limited number of projects. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the Tax Increment Financing guidelines as prepared and recommended by the Economic Development Commission. Agenda Information Memo, October 7, 1986, City Council Meeting Page Nineteen PROJECT 419, FINAL ASSESSMENT REVIEW C. Project 419, Review Final Assessment (Slaters Acres) --On September 16, the Final Assessment Hearing was held for the installation of streets and utilities servicing Slaters Acres, Norvin Oaks and adjacent unplatted parcels. As a result of that hearing, several written objections were received resulting in the Council's consideration to reduce the assessments by applying • several credits to be paid for by various City trunk funds resulting in the revised final assessment figure approximating the es'imtate contained in the Feasibility Report presented at the original public hearing. However, these reductions were subject to receipt of a written Waiver of Objection from those objecting property owners. Enclosed on pages 458 is a letter sent by staff informing those written objectors of this condition. As of the October 1 deadline, only 6 of the 13 objectioners have removed their written objections through submission of the requested waiver. In addition, Jim and Barb Schmitt will not remove their written objection due to a recently discovered and previously undiscussed objection. Enclosed'on page Jr is a map showing the relation- ship of the installation of ut-ilities within this area and the assessable footage associated with Parcel 013-51 immediately adjacent to and south of Lot 8 (Jim and Barb Schmitt). It appears that the Schmitts had purchased Parcel 013-51 with Lot 8 approximately 10 years ago but never had the title transferred in their name. Enclosed on page &Q is an overlay showing the relationship of the house to these two parcels. Because the County records do not reflect the Schmitt's ownership of this small triangular parcel south of Lot 8, they were not aware of the proposed assessments of approximately $8,800 for its respective 140 feet of frontage. The Public Works Director and the Schmitts will further explain their objections to this additional assessment at the October 7 meeting. Three options to the Schmitt's objection are as follows: 1) Direct the staff to revise the final assessment roll to respread these related costs equitably over all other properties. 2) Delete the front footage portion assessment from the approved assessment roll with the cost to be funded by the City trunk fund. 56 Agenda Information Memo, October 7, 1986, City Council Meeting Page Twenty 3) Reaffirm the original assessment roll and continue the final hearing based on written objections. The Public Works Director and City Attorney will provide Council additional background associated with the various alternatives presented on this item and the outstanding objections of the other property owners to the overall assessment roll. ACTION TO BE CONSIDERED ON THIS ITEM: Review the objections to Othe final assessment roll for Project 419 (Slaters Acres) and approve/continue/modify the roll accordingly. 564 ._. 1.��li ..+:.et�S�::.i:1:Yr:P� i�..: �'1C i'.� Fn Y. -YS .•^ J �' 4 .:i" ? �-�._.P� 1 _l�N•.�r � _ tF LcItRoFagpian 3830 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE- (612) 454-8100 September 22, 1986 CERTIFIED MAIL Re: Project 419, Slaters, Acres (Streets and Utilities) Final Assessment Objections Consent to Special Assessments Dear Property Owner: BEA BLOMQUIST Mo r THOMAS EGAN MMES A SMITH MC ELLISON THEODORE WACHTER Council Members THOMAS HEDGES CIN P Jminlslralor EUGENE VAN OVERBEKE Cory Cler, On September 16, 1986, during the public hearing for the adoption of final assessments associated with the installation of improvements under the above referenced project, Mr. William J. Kuhlmeyer, acting on behalf of the Homeowner's Association, submitted the enclosed written objection to the proposed assessments. During that public hearing, the City Council recognized the cost overrun of the final assessment amount as compared to the original estimates contained in the feasibility report presented at the public hearing held December 18, 1984. In response to Council's direction, the staff reviewed and researched these cost overruns in detail and presented the enclosed proposed credits to the final assessment amounts which were subsequently approved in consideration of adopting the final assessment roll. However, the Council's action to approve these credits reducing the amount of the assessments is subject to each property owner removing their written objection and accepting this reduced final assessment amount. 'Therefore, I am requesting you to sign the enclosed Consent to Special Assessments form that was prepared by our City Attorney's office to allow these assessments to be certified to the County. Due to the County's deadline of October 15 for receiving any payments, certifications, etc., of special assessments to be recorded on the property tax statements payable in 1987, it was necessary that the Council approve the assessment roll on September 16 in order to meet that deadline. Any continuation Would result' in accruing additional construction financing charges and/or annual interest installments against these assessments resulting in higher costs to.the property owner,. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY SEPTEMBER 22, 1986 PAGE TWO Therefore,, due to the Council's action to reduce these assessments to the approximate amount originally approved at the final assessment hearing, I would request that you execute the enclosed form and return. it to my attention no later than October 1, 1986. If it is not received by that time, the City will have to remove your parcel from the final assessment roll being certified to the County and continue it to a later date resulting in additional costs of the amount to be spread as a special assessment. We sincerely regret any concerns or problems created by the cost overruns and hope that the Council's action to reduce these assessments and the finished product meet with your satisfaction. I will anxiously await your execution of the enclosed statement and receipt of same by October 1. If you have any questions regarding this request, please contact either myself or City Attorney, Paul Hauge, at 456-9000. Sincerely, Thomas A. Colbert Director of Public Works Attachment cc: Paul Hauge, City Attorney TAC/cks • OAX EXISTING CL/F '1J� SAN. SEWER i l � 14 J� �\ SAN. SEW 040-55 13 O 2 3 l ^ :yam 4 \I 10 5 I —__ SLA ERS 6 1 -� 030-55 9 7 �I PON D� 012-51 = 010-5s i A -34 N e _ c— Q 013-51' 4 / J N N �> 2 W 3 OAKS STORLAND ROAD LEGE N D- ASSESSMENT AREA PER- LOT ®® ASSESSMENT AREA PER FRONT FOOT 1111111111 0 100 200 300' 400' Scale in Feet BONESTROO, ROSENE, ANDERLIK SLATERS ACRES' a ASSOCIATES, INC. Consulting Engineers SANITARY SEWER St. Paul, Minn. _ cily: PROJECT NO. 41.9 rCete: omm. 49323 EAGAN , MN. ,y a0L � ry — - ..!•.'R � a./w.yYiJ 1-_'.'r' Tye—r''Ywy`��frrra x �� ... �` 105_ -------------- �_ _ - �`_frYt.+in�.. ,r ';,"t•,'�ie+,ra •;.•dy -_r,.,.,_ I10 n 1 .�r'�•uac"'R�L'yx^a�. - A• (R CerNcyl� f f SCAT. }baps i (�y A NGF N 0 �• ry 8 ,c `• ,f O��i (' C R� rL 4 D . . � Q Ve rvi UGC �) - -. � p °• ' �•`�o' - oa MOQ/J I J - P R ^ D G A 4 L A A S o tj ff N 1 G r 7' `�'. Dt5? q 0 Icy �.. ,/ QQ d �.� a. Agenda Information Memo, October 7, 1986, City Council Meeting Page Twenty -One PROJECT 433, LEXINGTON SQUARE 2ND ADDITION CONTINUED FINAL ASSESSMENT HEARINGS D. Project 433, Parcel 10-02300-010-01, Withdrawal of Objections to Final Assessment (Lexington Square 2nd Addition) --At the final assessment hearing of September 16 for the installation of trunk area sanitary and storm sewer, Mr. Chuck Hall, representing Parcel 10-02300-010-01 submitted a written objection subject to additional information being provided by staff. Subsequent to that hearing and written objection, the staff provided Mr. Hall with the informa- tion to his satisfaction to the extent that he has now withdrawn his written objection. It is now appropriate to close the continued public hearing for this parcel and approve the final assessments as originally presented. • ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing for Parcel 10-02300-010-01 under Project 433 (Lexington Square 2nd Addition), approve the final assessment roll and authorize its certification to the County for collection. • Agenda Information Memo, October 7, 1986, City Council Meeting Page Twenty -Two PRELIMINARY PLAT/BLACKHAWK ACRES 2ND ADDITION A. Preliminary Plat for Blackhawk Acres 2nd ADdition Consisting of 32 Townhouse Units --A public hearing was originally held on July 29, to consider a preliminary plat application for 32 townhouse units on 6 acres on Lots 7 - 12, identified as Blackhawk Acres Addition. The APC recommended a continuance to the August 26 meeting, and again to their September 23, 1986 meeting. At the last APC meeting, action was taken to recommend approval of the preliminary plat to the City Council. For a copy of the Planning and Engineering Department report, refer to pages � throughFor a copy of the Advisory Parks and Recreation Commis s on action, refer to page A_. • For a copy of the action taken by the Advisory Planning Commission, refer to page (s) 7J- ]Cj . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat for Blackhawk Acres 2nd Addition as presented. (P Y 0 ,ti>if •a KC`.,; ,�.� MEMO TO: PAM MC CREA, CHAIRPERSON & THE ADVISORY PLANNING COMMISSION FROM: PLANNING DEPT DATE: AUGUST 21, 1986 SUBJECT: BLACKHAWK ACRES 2ND ADDITION At the July 31, 1986 Advisory Planning Commission meeting the Blackhawk Acres: 2nd Addition, consisting of 32 townhouse units along. Robin Lane just west of Blackhawk Road, was continued in order for -staff to research the previously approved plan on that site and for the applicant to provide more site plan information.. The previous plat was approved in 1983. The site plan and the • City Council minutes have been attached so that they can be compared to the proposed project,. There was, also concern pertaining to the site line from the proposed townhouses to the existing homes to the east. A cross section through this area has been included for your review. A neighborhood meeting held on August 13 was attended by 12 ,people and the cross section helped answer questions about site lines and tree preservation. The Advisory Parks & Recreation Commission reviewed the plat at the August 7th meeting and recommended a smaller (1/2) tot lot on both sides of Robin Lane as opposed' to a:single full size play area. ' NOTE • MEMO TO: PAM MC CREA, CHAIRPERSON & THE ADVISORY PLANNING COMMISSION FROM: PLANNING DEPARTMENT DATE: SEPTEMBER 15, 1986 SUBJECT: BLACKHAWK ACRES 2ND ADDITION At the August 26th Advisory Planning Commission meeting, this item was continued so the :minutes from the June 28,.1983 APC meeting could be reviewed in"detail. These minutes and the City Council minutes have been attached with the previous staff report. (,,13 CITY OF EAGAN SUBJECT: PRELIMINARY PLAT (REPLAT) BLACKHAWK ACRES 2ND ADDITION; APPLICANT: LES DUOOS LOCATION: LOTS 7, 8, 9, 10, 11, 12 BLACKHAWK ACRES SE 1/4 SEC 17) EXISTING ZONING: R-3 DATE OF PUBLIC HEARING: JULY 29, 1986 DATE OF REPORT: JULY 21, 1986 REPORTED BY: PLANNING & ENGINEERING APPLICATION: An application has been submitted requesting a preliminary plat for 32 town house units, on 6 acres on Lots 7-12, Blackhawk Acres Addition in Section 17. The site is zoned R-3 and the Comprehensive Guide Plan also designates this parcel R-3. ZONING & LAND USE: The Townview 1st Addition town homes are to the east and south of this site. Single family homes in Blackhawk Acres are to the east and an R-4district is to the north. The 32 units give the project an overall density of 5.3 units/acre. Code allows 6-12 units/acre in R-3 districts. All proposed buildings and parking areas meet City setback requirements. The William Brothers Pipeline easement crosses the site in a SW to NE manner. No building is proposed in this area but grading has been indicated and permission will be required to do so. City approval of grading and retaining wall construction in a sanitary sewer easement will also be necessary. SITE PLANNING/LANDSCAP,ING: This project will be built in two phases. Phase One will consist of 16 units (3 clusters) east of Robin Ln. and will be serviced by three separate entry drives. Entry drives in Phase Two match these and the circulation should work nicely. All units will have Robin Ln. addresses. All units have two bedrooms, optional fireplaces and laundry facilities and double car garages. Two additional parking, spaces will be designated in front of the garages for guest parking. No other parking is provided. The exterior will have gabled roofs with horizontal lap siding and a brick base detail. Since this project will have an association, all trash will be picked up once a week and until that day must be kept in the individual's garage. A landscape architect has been retained for this ,project and has expressed a desire to save as many trees as the grading permits. Special care will be 'needed for two large oaks on the north and south sides of Building Unit 3 in the lst phase. Fencing at the drip line of these trees should be noted on the grading plan. An additional detailed planting plan consistent with City standards will be required prior to final plat submission. This plan must be on a grading plan to ensure proper landscaping on 2:1, 3:1 slopes and the retaining wall areas.�� BLACKHAWK ACRES 2ND ADD PAGE 2 GRADING/DRAINAGE: The grading plan the developer eumbitted is feasible and in accordance with City standards, with theexception of the grading on the south end of the development. Staff recommends the developer extend the retaining walls westerly until he can achieve a 3:1 slope. An alternative to this, although not as desirable, would be for the developer to provide•a low maintenance ground cover in the areas that, -have greater_ than 3:1 slopes. In no case shall the slopes be greater than 2,:1. According to Soils Conservation Service estimates of the type of soil located in this area, the soil does have a moderate tolerance to erosion. However, due to the steep slopes, staff recommends that the developer restore all disturbed areas as quickly as possible to control erosion. In addition, the developer will be responsible for ma-intaining the proper erosion control measures and removing whatever sediment does erode onto Robin Lane. Because Robin Lane is located within the bottom of the deep ravine which is characteristic of this site, the drainage both north and ® south of Robin Lane is generally towards. Robin Lane. The surface drainage is collected by storm sewer and deposited into Pond AP -27. Pond AP -27 is located just northwest of this development. Figure 1 illustrates the relationship with Pond AP -27 to this development and major drainage district. Pond AP -27 does have a positive gravity outlet all the. way to the Minnesota River Valley. As a result, this development will not require the City to modify or extend any trunk storm sewer. The proposed grading does show some encroachment onto the Northern Natural Gas line easement. Staff recommends requiring the developer to -obtain a permit from Northern Natural Gas Company to encroach upon their easement with -their grading. UTILITIES: Utilities of sufficient size, depth and capacity exist within Robin Lane to service this proposed development. In addition, with Robin Lane upgrading, the City extended sewer and water services both east and west along Robin Lane. Staff recommends revising the developer's utility plan to include adding three hydrant leads and two hydrants. The distance from the existing hydrant east of Robin Lane to the northwest corner of Lot 1, Block 2, is approximately 250:'. To pro.vide better fire protection, staff recommends removing this hydrant and constructing a 6" hydrant lead to just south of the south entrance way to Block 3. Staff also recommends extending a 6" hydrant lead north from where the existing hydrant is to the east corner of the "T" intersection of the north driveway to Block 3 with the driveway to Block 2. Also, staff recommends adding a hydrant and 6" hydrant lead just north of the driveway to Block 4. The water services to Blocks 2, 3 and 4 can be taken from the- newly constructed hydrant leads.. The proposed sanitary sewer services will require cleanouts spaced no further than 100' apart and at the end of each service line. STREETS/CIRCULATION: Robin Lane is an existing City street built to its ultimate design section. This development proposes to connect to Robin Lane with several private driveways. All private drives meet City Code with respect to ma-intaining 10% or less grade. BLACKHAWK ACRES 2ND ADD PAGE 3 Staff would recommend that the developer maintain a maximum 4% grade for one car length (20') to provide for a relatively flat landing area for the traffic to wait until they can gain access onto Robin Lane. It appears the developer can accomplish this at all the driveways except for the driveway for Lot 6. In order to maintain a 4% grade or less to Robin Lane from Lot 6, the developer will have to construct his, driveway so that it lines up across the common driveway to Block 2 and 3. This will require permission from Northern Natural Gas Company. The building of the driveway over this easement should not cause any excessive fills or grading that would cause a problem for Northern Natural Gas Company. RIGHT-OF-WAY/EASEMENTS: This developer shall dedicate s 60' right- of-way for Robin Lane on the final plat. Right-of-way presently exists by way of easement dedicated to the. City by the previous owner. This development shall dedicate a_20' utility easement over the hydrant leads. This development shall also be responsible for •dedicating the additional standard drainage and utility easements that the Code requires. PERMITS: The only permit this development will be required to obtain is permission from Northern Natural Gas to encroach on their pipeline easement. ASSESSMENTS: All trunk area assessments have been levied over Lots 7 - 12 of the Blackhawk Acres Addition. 6P • • BLACKHAWK ACRES 2nd ADD PAGE 4 CONDITIONS: 1. This development shall obtain a permit from Northern Natural Gas Company to encroach within their easement for both grading and a permanent driveway prior to final plat approval for that particular phase. 2. This development shall construct the appropriate hydrant leads as referenced within the engineering report. 3. The private driveway shall have a maximum 4% grade for 20' from the curb line of Robin Lane with the remainder of the driveway grade not to exceed 10%. 4. This development shall dedicate a full 60' right-of-way for • Robin Lane that is not previously dedicated under the Blackhawk Acres Addition. 5. This development shall dedicate a minimum 20' utility easement over the hydrant leads. 6. This development shall comply with all general engineering conditions which apply. 7. This development shall be responsible for all costs associated with developing this property. 8. Any drainage and utility lot line easements on the Blackhawk Acres Addition not being used in the Blackhawk Acres 2nd Addition shall be vacated prior to final plat approval. 9. All standard plat conditions shall be adhered to. • 10. This plat shall be subject to a cash parks dedication fee. 11. A tot lot shall be provided and the plans reviewed/approved by the City's Park Planner. 12. All trash must be kept in the individual garages until the day of pick up by one collector. • O r/ nl 71. °'i"nvin alai. � i 1 4 I 'IIS )Y/Y IdiH e�p'•Ipl u,ea ` Y• O 0 �$} IIIIIJI/ v M)wII)y /yyy Y)!rY 0 0 1 i Preliminary Plot of x:I - I BLACKHAWK ACRES ' I •••''- _ _ __ , ,, I 2ND ADDITION v \ {27 S•_�_-: > •-� �',{n'i.l �rInnds 1 �, � ` 1 �' f. C a_ _. -rte- - --`+" � I �1 I '.`-:. j � � �• 1€ �; i Ig I t I 55 S•_�_-: > •-� �',{n'i.l �rInnds 1 �, � ` 1 �' f. C a_ _. -rte- - --`+" � I �1 I '.`-:. j � � �• 1€ �; i \1r1-kk � VLOrORM SEWER .,MASTER PLAN FIG. 1 approved: standard plate #: APC Minutes June 28, 1983 3• The provisions of the Lexington South Planned Development Agreement shall be complied with in all respects as a part of the approval of this preliminary plat. 4. The preliminary plat shall be approved by the Dakota County Plat Commission prior to the filing of the final plat. 5. The area to be dedicated for park shall be included in the plat and platted as an outlot. .6.. The City Council shall determine if Lot 1, Block 2, should be purchased by the City for a potential fire station location and if such a site is acquired or proposed that an adequate sign be installed that a fire station may be considered. 7• All other applicable ordinances shall be met including the normal setbacks for buildings in accordance with an R-2 (Residential Double) District. • 8. A homeowners association including articles of declarations shall be a condition of final plat approval. 10. Subject to engineering recommendations for this phase. 11. Landscaping plans shall be submitted and approved at the time each building permit application is submitted. 12. A trail shall be installed at the developer's expense along Dodd Road and Wilderness Run Road according to City standards. i All members voted in favor. BLACRHAWB ACRES PRELIMINARY PLAT AND REZONING The public hearing regarding the application of Mr. and Mrs. Herbert • _, Bergstrom, Jr., to rezone from R-4, Residential to R-3 covering three acres and for preliminary plat approval of a 5.5 acre parcel containing 25 townhouse units located on Lots 7 through 12, Blackhawk Acres, was next convened. Mr. Bergstrom and Brad Swenson, surveyor, were present for the applicant. Mr. Runkle stated that Lots 7 through 12, except Lot 11, ,was zoned to R-6 (now R- 4) classifications in 1969 with Lot 11 zoned to R-6 in 1971. He also stated that a. neighborhood meeting had been held with the developer and an attempt _ had been made to explain the proposal and also certain modifications had been made. These include the units along the east lot adjacent to the R-1 homes with the distance now 40-45 feet to each of the proposed buildings. Per Dahlstram, architect, also appeared and showed the proposed designs for the .- - buildings indicating that the expected price range would be $90,000 to $95,000 per unit. In addition, Mr. Swenson showed a profile indicating the top of each unit would be eight feet below the ground level site distance from the residential homes. A group of neighboring property owners appeared and one stated that the view was no longer an objection. There were concerns about maintaining the oak tree which will be retained in the development according p. 2 i -.I' APC Minutes June 28, 1983 - to Mr. Swenson. Ken Hassler, a neighbor, questioned whether there would be benefit to entitle assessment for Robin Lane against his lot and there were also questions about whether notice had been distributed for the Metram apartment project. One neighbor requested buffering in the area including natural vegetation and Mr.. Swenson stated that there would be vegetation retained to as great an extent as possible.. There were also questions as to whether the value would be kept up and whether the developer would commit itself to the City as to the price range and the quality of the units. The grade of the road would be between eight to nine percent, but there is no alternate according to Mr. Colbert because of the contours, and further the City cannot build beyond the right-of-way limits. There were strong concerns among Planning Commission members that the conditions be enforced within the project and Chairman Hall stated that a commitment could be made by the developer as to the price range. Krob moved, Hall seconded a motion, to recommend approval of the application to rezone the entire 5.5 acres from R-4 to R-3• "All voted in favor. Krob then moved, Wold seconded the motion to recommend approval of the • preliminary plat application subject to the following conditions: 1. A development agreement shall be entered into between the City and the applicant prior to final plat. 2. The townhouse association and the articles, bylaws, and restrictions shall be reviewed by City staff prior to final plat. 3• A detailed landscape plan shall be submitted and an adquate landscape bond shall be required and not released until one year after the landscaping has been completed, including the landscaping along the east boundary bordering the single family homes and also that the oak tree on the site be preserved; further, that the neighbors will review the landscape plan when it has been completed. 4. The parking areas shall be blacktop surface and concrete curbing shall be provided around the perimeter of the parking area. 5. Robin Lane shall be upgraded with this development proposal. 6. All easements shall be dedicated as requested by City staff. 7. The owners and developers will commit themselves to the construction of units with a present day minimum value of $90,000. 8. A detailed erosion control/grading plan shall be approved by staff prior to final plat approval. 9. A variance shall be granted for the south private drive to exceed the 8% maximum grade if the grade cannot be flattened once the final grade for Robin Lane has been established. 10. If installed privately, utilities and street plans and specifica- 3 .. APC Minutes June 28, 1983 ftions shall be prepared by a registered engineer and submitted for approval by I staff. 11. The proposed private drives shall be 24 feet wide with concrete curbing and bituminous surfacing. 12. The parking stalls shall be according to City Code. 13. Access to Lots 1 and 2, Blocks 4 and 5, shall be removed from Robin Lane and directed to the internal private drive, but such access shall be reviewed by the staff. 14. The permanent and temporary easement right-of-way for the realignment portion of Robin Lane which previously has not been dedicated shall be dedicated as a part of the final plat and shall be 60 feet wide. 15. Site distance drawings shall be included with the development agree- ment to reflect the site distances. All members voted in favor. • ?3 -�,•��� �u+uces July 5, 1983 BLACRBA`dC ACRES - REZONriG AND PRELLYIHARY PLAT C{,49i The application of Mr. Herbert Bergstrom for rezoning from R-4 to R-3 of 5.5 acres and replat of Blackhawk Acres was next brought before the Council. Mr. Bergstrom was present as was Brad Swenson, Engineer. The Planning Commis- sion, at its meeting on June 28, 1983 recommended approval subject to certain stipulations. Mr. Swenson explained there was a problem with development because of several easements including the easement granted to the City for the storm sewer outlet from Blackhawk Lake. The plan is to down -zone the property from R-4 to 8-3. Neighbors to the east who appeared at the Planning Commission meeting expressed concerns about elevation, preservation of large oak trees and other issues. He also stated that the easement for roadway has eliminated the development on a portion of the property and that the developer has now shifted the design and moved the buildings further from the single family dwellings to the east. The request was to rezone the entire site. Mr. Bergstrom stated that the developer cannot guarantee a minimum $90,000.00 value for each unit because no specific builder has been acquired at the present time. Thomas moved, Egan seconded the motion to approve the applica- tion for rezoning from R-4 to R-3. All voted in favor. Egan moved, 'Wt chter seconded the motion to approve the application for preliminary plat with the following conditions: 1. A development agreement shall be entered into between the City and the applicant prior to final plat approval. 2. The townhouse association including the articles, bylaws, and re- strictions shall be reviewed by City staff prior to final plat. 3. A detailed landscape plan shall be submitted and an adquote landscape bond shall be required and not released until one year after the landscaoing has been completed, including the landscaping along the east boundary border- ing the single family homes and also the oak tree on the site shall be pre- served; further, that the neighbors will review the landscape plan when it has been completed. 4. The parking areas shall be blacktop surface and concrete curbing shall be provided around the perimeter of the parking area. 5. Robin Lane shall be upgraded with this development proposal. 6. All easements shall be dedicated as requested by City staff. 7. A detailed erosion control/grading plan shall be approved by staff prior to final plat approval. 8. A variance shall be granted for the south private drive to exceed the 8% maximum grade if the grade cannot be flattened when the final grade for Robin Lane has been established. 9. If installed privately, utilities and street plans and specifica- tions shall be prepared by a registered engineer and submitted for approval by staff. % • • • • 10. The proposed private drives shall be 24 feet wide with concrete curbing and bituminous surfacing. _ 11. The parking stalls shall be constructed according to City Code. 12. Access to Lots 1 and 2, Blocks 4 and 5, shall be removed from Robin Lane and directed to the internal private drive, but such access shall be reviewed by the staff. 13. The permanent and temporary easement right-of-way for the realign- ment portion of Robin Lane which previously has not been dedicated shall be dedicated as a part of the final plat and shall be 60 feet wide. •14. Site distance. drawings shall be included with the development agree- ment to reflect the site distances. All voted yes. R 83-43 SEE PLAT FILE MENOOTO: TOM HEDGES, CITY ADMINISTRATOR 4M : KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: AUGUST 13, 1986 RE: ADVISORY PARKS AND RECREATION COMMISSION/BLACKHAWK ACRES At the August 7th meeting, the Advisory Commission reviewed the proposed preliminary plat for Blackhawk Acres- Second Addition. The developer and. engineer for this preliminary plat were present at the Commission meeting. At • issue was: discussion for the necessity for a tot -lot for this thirty-two (32) unit development, which is separated by Robin Lane. The developer presented an alternative approach to providing recreational amenities for children within the development, and after reviewal by the Advisory Commission, the Commission has recommended to the City Council that: (A) a cash dedication requirement be made as a condition of plat approval. (B) the equivalent of one-half tot -lot be installed on each side of Robin Lane. The developer was instructed to work with Staff concerning the exact location and requirements of this tot -lot, which were agreed upon by the developer. KV/bls cc: Julie Dykstra, Planning Aide Paul Hauge, City Attorney MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA SEPTEMBER 23, 1986 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, September 23, 1986 at 7:00 p.m. at the Eagan Municipal Center. Present were Chairperson McCrea, Members Trygg, Hall, Harrison, Wilkins, Mulrooney and Bohne. Absent was Voracek. Also present were City Planner Dale Runkle, Assistant City Engineer Richard Hefti, and Assistant City Attorney Dave Keller. AGENDA It was noted that the applicants for Brittany 10th Addition had requested that their application be continued. Upon motion by Harrison, seconded by • Trygg, the Agenda was adopted with the deletion of the application of Brittany 10th Addition. All voted yes. MINUTES Trygg moved, Wilkins seconded the motion to recommend approval of the minutes of August 26, 1986 with the following revisions: Page 6 shall be revised to indicate that Hall recommended that a homeowners association be required for Sunpointe Addition; and on page 8, that the recommendation in regard to Sunpointe was that the Advisory Park Commission and the Advisory Planning Commission review the future phases. All voted in favor. BLACKHAWK ACRES 2ND ADDITION - PRELIMINARY PLAT Chairperson McCrea then called the first public hearing of the evening • regarding the application for preliminary plat of Blackhawk Acres 2nd Addition, consisting of 32 townhouse units along Robin Lane, just west of Blackhawk Road. City Planner Runkle introduced the proposal, indicating that it had been continued from the previous Planning Commission meeting in order for staff to provide copies of the 1983 APC minutes regarding the development of this same parcel of property. Mr. Les Duoos, the applicant, was present to address questions raised at a previous meeting, and indicated that the property had been previously zoned R-4 prior to the 1983 application for townhouse use. He also stated that the surrounding use of the property, including R-4 to the north, and townhouses to the west and south, created a market for townhomes in the $65,000.00 to $70,000.00 price range. Mr. Robert Saleck, a neighboring single family homeowner, objected to the comparables used in the market analysis and suggested that there are too many townhoues in Eagan. 77 1 September 23, 1986 Mr. George Thompson, also a single family homeowner along Blackhawk Road, indicated that the proposed development would be screened from his home during the months when leaves were present on the trees, but that he would have a direct view of the townhomes during the winter months. Mr. Herb Bergstrom, the prior owner and President of Townview Homeowners Association, stated that the property had been previously zoned R-4 and that the previous application in 1983 was an effort to cooperate with the City to provide townhome use, rather than apartments. He argued that the previous developer did not promise higher value townhomes, and was no longer involved in this project. Trygg moved, Wilkins seconded the motion to recommend approval of the preliminary plat of Blackhawk Acres 2nd Addition, consisting of 32 townhouse units, subject to the following conditions: 1. This development shall obtain a permit from Northern Natural Gas Company to encroach within their easement for both grading and a permanent driveway prior to final plat approval for that particular phase. 2. This development shall construct the appropriate hydrant leads as • referenced within the engineering report. 3. The private driveway shall have a maximum 4% grade for 20 feet from the curb line of Robin Lane with the remainder of the driveway grade not to exceed 10%. 4. This development shall dedicate a full 60 foot right-of-way for Robin Lane that is not previously dedicated under the Blackhawk Acres Addition. 5. This development shall dedicate a minimum 20 foot utility easement over the hydrant leads. 6. This development shall comply with all general engineering conditions which apply. 7. This development shall be responsible for all costs associated with developing this property. • 8. Any drainage and utility lot line easements on the Blackhawk Acres Addition not being used in the Blackhawk Acre 2nd Addition shall be vacated prior to final plat approval. 9. All standard plat conditions shall be adhered to. 10. This plat shall be subject to a cash parks dedication fee. 11. A tot lot shall be provided and the plans 'reviewed and approved by the City's Park Planner. 12. All trash must be kept in the individual garages until the day of pick up by one collector. a 2 APC Minutes September 23, 1986 13. A homeowners association created through a proper declaration, articles of incorporation and by-laws, reviewable by the City Attorney, shall be required. Those in favor were Trygg, McCrea, Wilkins, Mulrooney and Bohne; those against were Hall and Harrison. Members Hall and Harrison indicated they voted nay based upon the use being increased from 25 to 32 units. Chairperson McCrea advised the applicant that the matter would be heard by the City Council on October 7, 1986. LEXINGTON HILLS FIRST ADDITION - PRELIMINARY PLAT The next public hearing convened by Chairperson McCrea was in regard to the application of H 6 Z Partners for preliminary plat of Lexington Hills First Addition consisting of 168 apartment units on approximately 16.3 acres in part of the southwest quarter of Section 23, and the northeast quadrant of • Lexington Avenue and Diffley Road. Mr. Runkle introduced the application, indicating that it had been continued from the last Advisory Planning Commission meeting because required exhibits had not been available, in addition to proper notification for the public hearing. He further described the topography of the area which would be 168 units on actually a 10.3 acre parcel, with the balance of the parcel left as green space. A developer had added: a brick facia to the ends of the units pursuant to staff requests. Mr. Runkle explained that there had been a trade of densities with other parcels to the north, owned by Lexington South, Inc., which had been changed to single family. Mr. Jim Curry was present on behalf of the applicant and advised the Commission as to the 1 1/2 hour neighborhood meeting held with neighboring landowners. He also indicated who the principal parties were in the H b Z Partnership. Mr. Curry indicated that the 1976 Planned Development Agreement provided for 1,800 units on three parcels, including two to the north of the proposed development. It was his interpretation that now only 709 units were being utilized with an EIS having been done in 1978 anticipating the 1,800 units. He also indicated that the apartments would not be subsidized and • would be of average quality in rent, comparable to other apartments in the Burnsville, Apple Valley and Eagan areas,. Luella Siedschlag of 4040 Lexington Avenue appeared and indicated that the 168 units were actually being built upon 9 acres and expressed concern about the use of the balance of the 16 acre parcel. Mr. Eric Spring of 4065 Lexington Avenue South stated that two dozen accidents had occurred on Lexington Avenue since its revised construction and that two accidents had actually occurred since the last meeting. At the request of.the commission, Rich Hefti indicated that the southbound lane of Lexington Avenue had been super -elevated by the County due to the fact that several accidents had occurred on this stretch of County road, and was not sure what action the County intended to take as a result of the numerous accidents. It was pointed out that the staff report did not address the safety .issue. It was anticipated that the portion of Lexington Avenue north of the area would be upgraded in 1988. Mr. Spring suggested that a turn lane should be planned for the complex and that a metropolitan view was being under-utilized. Mr. Lee Anderson, who was purchasing property at 4045 Lexington Avenue, advised the Commission that in June, a car caused $2,000.00 damage to the property he was Agenda Information Memo, October 7, 1986, City Council Meeting Page Twenty -Three PRELIMINARY PLAT/LEXINGTON HILLS FIRST ADDITION B. Preliminary Plat for Lexington Hills First Addition Consisting of 168 Apartment Units on Approximately 16.3 Acres --A public hearing was held at the September 23, 1986 APC meeting, to consider an application that was submitted by H & Z Partners, requesting a preliminary plat consisting of 168 apartments on 16.3 acres in the Lexington South P.D. The Advisory Planning Commission is recommending approval of this project. For additional information, refer to the Planning and Engineering Department report found on pages 9/ through. ® Also enclosed on ,page (,81j /00 is a copy of the recommendation of the Advisory Parks and Recreation Commission. Action taken by the APC on this item is found on page(s) 101-/03. ACTION NO BE CONSIDERED ON THIS ITEM:, To approve or deny the. preliminary plat entitled Lexington Hills First Addition as presented. Special Note: Also enclosed on pages /01 through /409'.0are two maps of the area and an artist's rendering of the apartments. I MEMO TO: CHAIRPERSON PAM MC CREA AND THE ADVISORY PLANNING COMMISSION FROM: PLANNING AND ENGINEERING DEPARTMENTS DATE: SEPTEMBER 16, 1986 SUBJECT: LEXINGTON HILLS FIRST ADDITION In mid August, staff continued this item until the September APC meeting since revised plans had not been received and consequently, legal. notifications were not made. Plans addressing some concerns of the APC have been re -submitted for your review. In the meantime, a neighborhood meeting was held on August 20, with approximately 25 people in attendance. Many of the initial questions were addressed and the neighbors will be notified of • the September 23 meeting. Architectural changes include: brick on the ends of the dwelling units and garages, a single hot water heater .system and the addition of a 1,000 S.F. activity center or ; of the front/center building. The color will be a cream yellow. STREETS/ CIRCULATION: The revised layout, for the Lexington Hills 1st Addition eliminates two concerns staff had regarding the previous s1te•plan. The first was that the development proposed garages taking access from the major entrance road. The new plan eliminates this with no access onto. the.major access road -for garages. The next item was circulation to the northerly apartments. The original plan did not provide any easy. way to turn around other than driving in the parking stall and backing up. The new plan provides for a circular movement which makes access much easier and safer.. • With regard to parking, this new site plan eliminates the previous problem of garage stalls not equalling the number of units per apartment building. In this new plan, the garage stalls all correspond to the number of units per building, thereby alleviating the possibility of having tenants walk as far as 250' to the garage. Now the maximum distance is around 100'. The original report for the July 29, 1986, P=lanning Commission meeting is still quite accurate with the exception of the above. As for the conditions, they may remain as, listed for the July Planning Commission meeting. 19( =�—so . 27 . >>. 2' LEXINGTON "0 I' H 8 Z PARTNERS LA CAGSAS, WISCONSIN HEDLUND ENGINEERING SERVICES •]Ot SALT BLOOMINGTON FAf9WAT •LOOM INOTOM. MINNESOTA !0420 BNONE: 14121 004-0264 UNDENGINEERING scALE ix r - CES. INC. :ATC Auv 1026 ELY. AUGUST 1946 - \ • 11 I / 1J ]J f . I PREPARED FOR: I I , W Lu —%lMI PREPARED By: QI ,rw V 2 O X 0 51 Am® JI MAN — =�—so . 27 . >>. 2' LEXINGTON "0 I' H 8 Z PARTNERS LA CAGSAS, WISCONSIN \ N 89' 48'00"W 620.54 1 HIL r-1 HEDLUND ENGINEERING SERVICES •]Ot SALT BLOOMINGTON FAf9WAT •LOOM INOTOM. MINNESOTA !0420 BNONE: 14121 004-0264 UNDENGINEERING scALE ix r - CES. INC. :ATC Auv 1026 ELY. AUGUST 1946 - \ • 11 \ N 89' 48'00"W 620.54 1 HIL r-1 11 0 ^l \ \ C 9tlo ^569'99.39^E - /739.73 r N 39,48 04,w LEXINGTON . HILL P_REL.IMINARY UTILITY IF _ \\ "'SCHEMATIC .1 \ I1 Wa Y C\ A m °s IE.= 33........ aTOaY ,[.[[ . �O YA..012 �• O CATCH a1ax. O ..10...T \ O` • 1 RREE.■eD FOR: H 8 Z PARTNERSC! [. C.0331. wi,Coxe1w xCa a, \ 1 \ .m 2 W I -. - PREPARED By: HEDLUND ENGINEERING SERVICES QI, 2 esnowuerow, Y1w.uou uue lelal [a['Oa as !+ EMOw[: \'! v O ZI HEDWND ENGINEERING W I I '®O m [e O 0 SERVIEF$, INC. o.r[: y la86 • J I _ . __. _ �, wrv. AUG..' lae[ � 1 � 1 � N 39,48 04,w LEXINGTON . HILL P_REL.IMINARY UTILITY IF _ \\ "'SCHEMATIC .1 \ I1 ea A m 98bl '0i a (7 v4 u-I 9.9 b l I £ ��'"D. �w 0 City Park ss Run .old R-1 25 Lexington South f Land Use Plan exception R1 (2un/ac) Rj-E(1 um/ac.) R2 mix.res.(3-8un./ac.) R3 mix. res.(6-12un./ac.) R4 multiple (12+un./ac.) XA,rs LB ltd.bus. I 7L GB gen.bus. CSC comm. shpng.cntr. Ath.1cleld agricultural parks -open space land bank X M first phase title X Northview "­`x.,Mex._'�—xxxexxxx_= north Elementary 'C/Y�33,/ 1 4 bo CSAH 30 1%k�lyk, R-1 -�,Af,�mk A., I. x; R-4 exception sold// R-2 11 00 R-2 15 7 - Ila R-2 19 H I; r H �Ikemob j .Hills \j r rvdt Bd- ,old R-2 14 R-2 M R-2 ------------- 77 H"'r-W Council Minutes 3 `2 February 7, 1984 , '' p OI, 17. This proposed development shall be responsible for trunk area storm sewer assessments at the rates in effect at the time of final plat approval. 18. All costs associated with installing public improvements and private streets shall be the sole responsibility of this development. 19. Private streets shall be 32 feet wide and have concrete curb and gutter and bituminous surfacing according to City standards. 20. No dead-end lateral water mains will be allowed. 21. Setback variances shall be reviewed by the staff and reported to the • Council at the time of the request for final plat. All voted in favor. SEE PLAT FILE ANENDMENT - LE%INGTO:i SOUTH PUD <_sr Mayor Blomquist next convened the public hearing regarding a request by Lexington South, Inc., Jim Curry, for an amendment to .the Lexington South Planned Development to exchange land uses on two parcels of the Lexington South PUD. It was noted that the Advisory Planning Commission recommended approval of the amendment, subject to the conditions listed in the staff report. It was noted than the exchange of land uses of the two parcels west of Northview Athletic Fields and north of that area, resulted in a otential 3 0 unit reduction in density over the entire area. All neighbors had been noticed as to the rezoning and agreed. Presentations by =City Planner Runkle and Fr. Jim Curry indicated that the developer was willing to contractually agree to maximum densities of 4 and 12 units per acre as a result, of the amendment. Wachter moved, Thomas seconded the motion to approve the rezoning subject to the following conditions and absolute maximum densities agreed upon: 1. An amendment shall be initiated and the land use exhibits changed in the Lexington South Planned Development Agreement. t R 84-5 2. The P hal elled out where Parcel a'would be a to be transf rred to an R -II land use with a maximum ensi y o dw units and that Parcel 3 have a land use of R -III 6-12 dwellin units) w more an 80 total dwelling units approved on t e overall site. All voted yea. v t R 84-5 City Park ; FtM Ke Lexington South Land Use Plan RI (2un/ac)RImE(IuM/ac.) R2 mix.res.(3-6un./ac.) R3 mix. res.(6-12un./ac.) R4 multiple (12+un./ac.) LB ltd. bus. a4Ax -A, B gen.bus. CSC comm.shpng.cntr. sold agricultural Ath.Fleld I parks -open space 6 10 r 0 EJ land bank q M T VTV-� ED first phase title X Northview 00 g Elementary 5/31/15 CSAR 30 R-2 Mal 14,441, q L - —j M agIq N -S IF F H Add I FIH sold R;4 exception L Kc R- .:� Gol, J R - 6I "7 A _" V'Ae.. . . . . . . . . . . . 1 1, � ,1 2 Fold ol Ft 2 old IL R 2 -2 AO a, -pun qL..d R'-2 R-2 19 -Lkewoo\tl tett ad IL.. R-2 R 2 R-2 j'1 20 V 3 Ity XI *33 6 s Am sold�'I R'4 R-1L art. 2e??— sold /// -sole R-2 a(.li y 1 �1 I M VlrpF"��l���QlCpl'I111 �, Lexington South Land Use Plan •xc-spUon Ira N�� "Y I�I'glql �' �I�7' I R1 (2un/ac ) R1 -E(1 un.racJ T )' Zi.lt iiP l�dll,dilWl al �I >�i��l' R2 mi:.res.(3-eun./ac.) R3 mix. res.(6-12un./ae.) Y f f S i R4 multiple (12+un./ac.) ri}(I;I� _� LB ltd. bus. In GB gen.bus. 41 'fit tif� L7�f C n CSC comm. shpn g. cntr. -sold agricultural li rv�t wt"', 2 y�,vv�yy.tt , Ath.Field parks open space • s _ ^'•,,,�,� 0 land bank r;# = M w�.... ` II first phase title X —Z� i nor ill lyy,+ 13 Norlhview — th Elementary SAH 30 Fie-slxn-n Is Posd� 9 ' ake vooC (Hills l Cwt Pa.'L. U �+ R-2 n a-scsptlon R•Dile -1 i sold R-2 � zo 1 F-71) CSAH 32 ) PILOT KNOB ROAD. P.O. BOX 21199 >N. MINNESOTA 55121 -4E' (612);454-8100 OCTOBER 17, 1984 MR JA14ES CURRY LEXINGTON SOUTH INC 4817 UPPER TERRACE EDINA, MN 55435 RE: PARKLAND DEDICATION • LEXINGTON SOUTH P.U.D. Dear Jim: BEA BLOMOUIST Mora THOMAS EGAN JAMES.A SMITH A PRY THOMAS 111LODORE WACHTER Cw" n�emwn THOMAS WEDGES Glv Atfminp•o�a EUGENE VAN�OVl RE: KE oa cn-,. On behalf of the City of Eagan, its City Council and Parks & Recreation Advisory Commission, I am pleased to write this letter to you indicating that with the transfer of title of approximately 74 acres of parkland to the City of Eagan, the Lexington South Planned Unit Development has fulfilled its obligation for parkland dedication under the P.U.D. Agreement,, This land dedication is a historical event_ in System as well as a major milestone for the Development. Certainly this is something that be�a$ proud of as Jim Curry, the developer. td' -h Warmest Regards., IPIi �:17 i:en� a Director of Parks & Recreation KV/js the history of the Eagan Parks Lexington South Planned Unit Jim Curry, the individual, can THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Q449- .� H W.P. PUD - /t4 9,u,nR A l z °ter °� W , PC) D • CITY OF EAGAN SUBJECT: PRELIMINARY PLAT (LEXINGTON HILLS FIRST ADDITION) APPLICANT.: LOCATION EXISTING ZONING: DATE OF PUBLIC HEARING: DATE OF REPORT H & Z PARTNERS SW' -4, SECTION 23 R-4 WITHIN THE LEXINGTON SOUTH PD JULY 29, 1986 JULY 22, 1986 REPORTED BY: PLANNING & ENGINEERING APPLICATION: An application has been submitted requesting a • preliminary plat consisting of 168 apartments on 16.3 acres in the Lexington South PD. The site, Lot 1, Block '1 and Outlot A in the first addition is located along Lexington AV on the east side just north of Co. Rd. 30. ZONING & LAND USE: This site is surrounded by other land uses all within the Lexington. South PD. An R-2 density for 40 acres is to the north, the Northview Athletic Fields are to the NE, Northview Elementary to the east 'and a designated Episcopal Church site to the south. Across Lexington AV is a Covenant Church site, a City water reservoir and 3.5 acres of uncommitted land. The portion of the site where most building occurs is on a plateau high above the surrounding area. The land falls rapidly to a City ponding area near the NE part of the site and that hillside is heavily wooded. • The 168 units give the project an overall density of 10.30 units /acre, well within the 12 + units allowed in R-4 districts. An exhibit from the Lexington South PD file shows this area having 5 - 20 unit buildings. The proposed project has detached garages. Similar apartment projects in Eagan include: Cinnamon Ridge, Ballantree and Rahn Villa. All building and parking setbacks meet City Code except apartment building #7 on the NW portion of the site. The front setback along Lexington AV must be 50' and only 40' is shown. When a covered parking space is included with the rent, only one additional outside space must be provided. Garages for 174 cars and 186 outside spaces have been proposed. The overall lot coverage iswell within the 20% allowed. in R-4 districts but it appears greater in the apartment area due to the detached- garages and unbuildable hillside. The project is proposed in 2 phases. The first phase consisting of 96 units is 4 buildings and 5 additional garage buildings on the southern portion of the site. Phase 2 (Outlot A) will contain 72 units in 3 separate buildings and have 4 - 2.0 car garage buildings. 9► APC - JULY 29, 1986 LEXINGTON HILLS FIRST ADD PAGE 2 COMMENTS: These two story 23' tall wood frame buildings will contain 108 one bedroom (624 S.F.) units and 60 (936 S.F.) units. The colors of the roofs and the proposed vinyl siding have not been determined. Amenities include optional fireplaces, balconies and a tot lot. The proposed garages have double doors each serving two individual apartment units. In areas between the garages where 35' is shown, there should not be parking in front of the doors. Trash should be kept in the garages until the day of pickup or specific enclosure locations should be noted and suitably screened from public areas. LANDSCAPING: A preliminary landscape plan has been submitted and works well conceptually. However, the detailed plan submitted prior to the final plat submission will need to address the size, spacing and berming more closely. The evergreens are shown at a 25' spacing where the detailed plan will need to show them at a 12 - 15' maximum spacing. A mixture of overstory, understory, coniferous plant material along with shrub masses will be used to buffer the buildings/garages along Lexington Av. • GRADING/DRAINAGE: The existing topography on this site consists of a relatively level plateau paralleling Lexington Avenue and then dropping very rapidly to a low depression located near the northeast corner of this site. The slopes from the plateau to the low basin are around 30%. Therefore, this developer proposes on only grading the plateau area and leaving the side slopes and drainage basin in its natural state. Grading proposed by this development is feasible. However, the grades northeasterly of the four garage units located in Phase I are 2.5:1. A 3:1 slope is necessary to provide proper maintenance. Therefore, staff recommends either increasing the slopes to 3:1 or the developer will have to install low maintenance ground cover. Because of the erosion of this soil, the developer will have to 4 pay special attention to maintaining the erosion fence and restoring disturbed areas on this site as quickly as possible. The developer will be responsible for removing any sediment that erodes from this site and ends up into the low area. The proposed grading of this site does not altar any of the existing drainage patterns. These drainage patterns are in a northerly direction with most of the drainage over this site going to the low area referred to as Pond JP -29 on the City's Comprehensive Storm Sewer Plan. Figure 1illustrates the relationship with this pond, its major drainage district and this proposed development. From this you can see that Pond JP -29 does not have a positive gravity outlet, yet it collects storm water from Lexington Avenue and adjacent developments and will also collect additional runoff from this site when it is developed. Therefore, staff recommends that as a condition of this development, the Council authorize the project to provide a storm sewer outlet from Pond JP -29 to McCarthy Lake (Pond JP -9). N0 APC - JULY 29, 1986 LEXINGTON HILLS FIRST ADD PAGE 3 UTILITIES: Water main of sufficient size, capacity and depth exists west of Lexington Avenue. An 8" lateral was installed across Lexington Avenue prior to the upgrading of Lexington Avenue. However, this 8" stub is connected -to the high pressure side of the Lexington Avenue booster station and cannot be looped back to the 20" trunk water main north of the booster station without the installation of a pressure reducing station. However, this looping is not necessary and the 8" deadend water lateral will be able to supply the flows that this development would require. Sanitary sewer is in place at the intersection of Lexington Avenue and Diffley Road. This sewer is of, suf f icient depth for the City to extend to the north to pick up this proposed development. Because this sanitary sewer line affects more than just this proposed development, the developer is requesting the City install this line and have it assessed to benefitting properties. Because of this, staff recommends that the final • plat approval ,for this development not be granted until the Council authorizes the project for the installation of sanitary sewer to this development. The developer. is proposing to install the internal utilities privately. These utilities shall meet all City standards for design and installation. STREETS/CIRCULATION: Lexington Avenue is the only public street providing access to this development. Lexington Avenue is under the jurisdiction of the Dakota County Highway Department and is built to its ultimate, design cross section adjacent to this property. The combination of grades on this northerly_ end and County road access separation requirements dictate that only one access into this site is -practical. Because only one access to this site off of Lexington Avenue is practical, the developer proposes on oversizing his entrance road to 32 in width. However, staff recommends against having any garage taking direct access from this major entrance road'. The remaining internal private drives meet- City Code. Staff sees one potential problem regarding parking. Because the garage stalls do not equal the number of units, per apa-rtment building, some tenants may have to walk as much as 250' to their garage. Staff feels that this is very unlikely to happen and that the tenant will park in the parking lot in front' of the apartment building. This could cause some congestion since basically only one outside parking stall is provided with each unit. This development should be responsible for the 8' trailway along Lexington Avenue. This trailway is a requirement because of City standards relating. to minor arterial streets having'trailways adjacent to them. RIGHT-OF-WAY/EASEMENTS: This development shall dedicate on the final plat a 50'.half right-of-way for Lexington Avenue. q3 APC - JULY 29, 1986 LEXINGTON HILLS FIRST ADD PAGE 4 This development will be responsible for any easements required over the property to the south of it for the construction of the sanitary sewer necessary to serve this site. Also, this development shall be responsible for dedicating a ponding easement for Pond JP -29 to encompass its high water elevation. Finally, any public utilities not located within public right-of- way will require a minimum 20' easement dedicated over them. PERMITS: This development will be responsible for obtaining the following permits. 1. MPCA sanitary sewer extension permit. 2. MWCC sanitary sewer estension permit. 3. Department of Health water main extension permit. 4. County highway access permit. ASSESSMENTS: In reviewing our assessment records, this parcel, 017-54, has been assessed for all trunk area related.assessments. CONDITIONS: 1. The maximum grade of slopes over this site shall be 3:1, but 2:1 slopes will be permitted with the establishment of low maintenance ground cover. 2. The Council must authorize the storm sewer outlet from JP -29 to Pond JP -9 and also the sanitary sewer extension along Lexington Avenue prior to final plat approval. 3. There shall be no access from garage stalls onto the entrance drive. 4. This development shall dedicate a 50' half right-of-way for Lexington Avenue. _ • 5. This development shall dedicate a ponding easement to the HWL for Pond JP -29. 6. This development shall dedicate a minimum 20' wide utility easement over any utility not located within public right- of-way. 7. This development shall be responsible for the easement, if necessary,.across the property to the south of it to install the sanitary sewer. 8. This development will be responsible for an 8' trailway along Lexington Avenue. 9.. This development will be responsible for complying with any standard engineering conditions which may apply., 10. All standard plat conditions shall be adhered to. W APC - JULY 29, 1986 LEXINGTON HILLS FIRST ADD PAGE 5 11. A detailed landscape plan shall be submitted and a financial guarantee insuring proper installation and shall not be released until one full year after. completion. 12. One garage unit shall be included with the rent. 13,. The building color and roof color shall be determined prior to preliminary plat approval. 14. Trash locations ( if not in the garages.) shall be screened and noted on the site plan. 15. A tot lot shall be provided and the plat shall be reviewed by the Advisory Parks Commission. 16. A trailway along Lexington Av shall be the responsibility of the developer. • 17. The plat shall be subject to a cash parks dedication fee. • M 0 0 0 �II •—� c x Is P r !- FREE ASSOCIATION. OF LUTHERAN \ CONGREGATIONS'_ aI _ I R-2 Ath.Fleld City Park Nmthvlew Elementary EAGAN WATER— RESERVOIR ATER RESERVOIR CHUry J . _ WM. SODER HOLM O- CSAH 30 ".,,• , 9,,, v BURGER KING I �\ " TOM THUMB R,, ` i'., �, K NSI �T N•' lip '. M . • V akjy a it il ,• ��v CSC • G +a LB 1 2. S AR NSP ee..rto_eM rARV40" 4rl j7y \�, i „=:�,.. .�Y �� �- __ - •'' '� _ '�� L is A IMP to m ml ♦ I ® 0! •% Eli LA t—'-265- ` y Lo UNIT �. e I . '1 t • 1 S option LEI o ` .► �,,�• T �T— fa u r`,w ,���'� _!—"' !u{uuwuuii L•�r1t.uuuwl__t.y�9/1 "��' 17 fiu+W. C SAH JO •�.'. 1 � - - —. - .. — _ _ _—� '_---SSV ®O" 1 _ _ �.I�\bh 1 � _ • 1 1 PARCELS 43 5 ZONING: R-4 (12+un/ac) multiple/residential NORTH P 4 SIZE: 21.3= acres 200' loo' o' 200' 400' 600 eau AVE. So.-MINMl2FOLl s, ��++ 22202. 161213., 132. P 5 SIZE: 9.3± acres 202 MIDWEST FEDERAL DUMC,.D- ]G E.O,r, Sl,• ST. LVL. MW4 ,>,G, Lexin.citon South PUD "`�EAGAN, WIINNESOTA 771J i 81 BE "815 84C J ?e FIG. #1 City of eagan approved: standard PUBLIC STORM SEWER plate #: WORKS DEPARTMEN MASTER PLAN q� MEMO TO: TOM HEDGES, CITY �1 FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: AUGUST 13, 1986 RE: ADVISORY PARKS AND RECREATION COMMISSION ACTION/LE%INGTON HILLS - 1ST ADDITION At the August 7th, Advisory Commission meeting, the Commission reviewed the proposed preliminary plat for Lexington Hills - lst Addition. In. rev iewing the plat, members of the Commission commented over the layout of the detached • garage units. They noted that the development was crowded into one-half of the site, leaving little green space amenity area for casual play opportunities. After additional discussion, Commission members asked that this item be placed on the next Advisory Parks and Recreation Commission meeting agenda, following the Planning Commission's further reviewa-1. KV/bls cc: Dale Runkle, Planning Director ,Julie Dykstra, Planning Aide /4010 • APC Minutes September 23, 1986 13. A homeowners association created through a proper declaration, articles of incorporation and b.y-laws, reviewable by the City Attorney, shall be required. Those in favor were Trygg, McCrea, Wilkins, Mulrooney and Bohne; those against were Hall and Harrison. Members Hall and Harrison indicated they voted nay based upon the use being increased from 25 to 32 units. Chairperson McCrea advised the applicant that the matter would be heard by the City Council on October 7, 1986. LEXINGTON HILLS FIRST ADDITION - PRELIMINARY PLAT The next public hearing convened by Chairperson McCrea was in regard to the application of H 6 Z Partners for preliminary plat of Lexington Hills First Addition consisting of 168 apartment units on approximately 16.3 acres in part of the southwest quarter of Section 23, and the northeast quadrant of ® Lexington Avenue and Diffley Road. Mr. Runkle introduced the application, indicating that it had been continued from the last Advisory Planning Commission meeting because required exhibits had not been available, in addition to proper notification for the public hearing. He further described .the topography of the area which would be 168 units, on actually a 10.3 acre parcel, with the balance of the parcel left as green space. A developer had added a brick facia to the ends of the units pursuant to staff requests. Mr. Runkle explained that there had been a trade of densities with other parcels to the north, owned by Lexington South, Inc., which had been changed to single family. Mr.. Jim Curry was present on behalf of the applicant and advised the Commission as to the 1 1/2 hour neighborhood meeting held with neighboring landowners. He also indicated who the principal parties were in the H 6 Z Partnership. Mr. Curry indicated that the 1976 Planned Development Agreement provided for 1,800 units on three parcels, including two to the north of the proposed development. It was his interpretation that now only 709 units were being utilized with an ElS having been done in 1978 anticipating the 1,800 • units. He also indicated that the apartments would not be subsidized and would be of average quality in rent, comparable to other apartments in the Burnsville, Apple Valley and Eagan areas. Luella Siedschlag of 4040 Lexington Avenue appeared and indicated that the 168 units were actually being built upon 9 acres and expressed concern about the use of the balance, of the 16 acre parcel. Mr. .Eric Spring of 4065 Lexington Avenue South stated that two dozen accidents had occurred on Lexington Avenue since its revised construction and that two accidents had actually occurred since the last meeting. At the request of the commission, Rich Hefti indicated that the southbound lane of Lexington Avenue had been super -elevated by the County due to the fact that several accidents had occurred on this stretch of County road, and was notsure what.action the County intended to take as•a result of the numerous accidents. It was pointed out that the staff report did not address the safety issue.It was anticipated that the portion of Lexington Avenue north of the area would be upgraded in 1988. Mr. Spring suggested that a turn lane should be planned for the complex and that a metropolitan view was being under-utilized. Mr. Lee Anderson, who was purchasing property at 4045 Lexington Avenue., advised the Commission that in June, a car caused $2,000.00 damage to the property he was APC Minutes September 23, 1986 purchasing and would have been in the yard where his children played, except for an 8 inch tree which stopped the car. He also indicated that there may be problems with the drainage easement required by staff and suggested that apartments were not the best use for this area. He also suggested that the apartments should not be located adjacent to a busy street such as Lexington. Pat Garrison also addressed the Commission, advising that she lived south of the proposed development,, west of Northview School. She requested information regarding assessments for storm sewer and requested that studies be done regarding traffic and erosion control. The Planning Commission indicated its understanding that required zoning was in place pursuant to staff review. Questions were raised as to the location and adequacy of the single access to the apartments. It was further indicated that one garage space would be part of the base rent for each unit. Member Harrison indicated that in his opinion, Lexington Avenue presented a serious safety problem which needed to remedied prior to additional traffic in this location. Wilkins moved, Trygg seconded the motion to recommend'approval of the proposed preliminary plat, subject to the following conditions: • 1. The maximum grade of slopes over this site shall be 3:1, but 2:1 slopes will be permitted with the establishment of low maintenance ground cover. 2. The Council must authorize the storm sewer outlet from JP -29 to Pond JP -9 and also the sanitary sewer extension along Lexington Avenue prior to final plat approval. 3. There shall be no access from garage stalls onto the entrance drive. 4. This development shall dedicate a 50 foot half right-of-way for Lexington Avenue. 5. This development shall dedicate a ponding easement to the HWL for Pond JP -29. • 6. This development shall dedicate a minimum 20 foot wide utility. easement over any utility not located within public right -of -wag. 7. This development shall be responsible for the easement', if necessary, across the property to the south of it to install the sanitary sewer. 8. This development shall be responsible for an 8 foot trailway along Lexington Avenue. 9. This development shall be responsible for complying with any standard engineering conditions which may apply. 10. All standard plat conditions shall be adhered to. 11. A detailed -landscape plan shall be submitted and a financial guarantee insuring proper installation and shall not be released until one full year after completion. 107,- 4 OiY4 APC Minutes September 23, 1986 12. One garage unit shall be included with the rent. 13. Trash locations (if not in the garages) shall be screened and noted on the site plan. 14. A tot lot shall be provided and the plat shall be reviewed by the Advisory Parks Commission. 15. A trailway along Lexington Avenue shall be the responsibility of the developer. All voted in favor except Bohne and Harrison who voted no. ROBERT DOUGHERTY - CONDITIONAL USE PERMIT • Chairperson McCrea convened the public hearing in regard to the application submitted by Robert G. Dougherty requesting a conditional use permit for on -sale liquor at Dougherty's Restaurant in the Town Centre 2nd Addition. Mr. Runkle introduced Mr. Dougherty who was a -former partner in the Parker House Restaurant, and Mr. Dougherty promised a good quality restaurant. Staff indicated that a liquor license investigation was under way by the police department. Hall moved, Harrison seconded the motion to recommend approval of the conditional use permit for an on -sale liquor license, subject to a favorable police investigation. All voted in favor., SPANDE FIRST ADDITION - WAIVER OF PLAT The public hearing for the application of Roy. A. Spande requesting a • waiver of plat in order to split Lot 1, Block 1, Joseph A. Spande First Addition into two lots was then convened by Chairperson McCrea. City Planner Runkle described the proposal located in the southwest corner of Highview Avenue and Bridgeview Terrace, indicating that all setback requirements were being met. It was suggested that the costs of improvement of the previous plat had exceeded the anticipation of the owners and thus, the lot split was being requested in order to compensate for additional.utility improvements. Mulrooney moved, Harrison seconded the motion to recommend approval of the waiver of plat, subject to the following conditions.: 1. The applicant must install a sanitary sewer service and water service to Lot 1 and a sanitary sewer service to the newly created lot. 2. This development shall be responsible for a park dedication fee. 3. If approved;, this Waiver of Plat shall be subject to all applicable code requirements. " All voted yea. 163, C4 n + 1 C + 1 I 1 J .r 1 I LOr ! BLOCK i1\ c a F - � 'Uc ;III e.+ �'• -C. S I+ I' I u a v„a••ncv°°p"' I`I v i X1.1 �•I„I pcpc" `Epl �,4 ih I I � 1 J fDIFFLEY R04D1 % ° C.S.4.N. NO. 30 1 C4 n + 1 C + 1 I 1 J 1 1 1 LOr ! BLOCK i1\ -� -All, T000- :. ::::: "•' _ � norm RR 6°1RV LY 1 -C. S I' ( 00 0 aa� ourLO/r/ A \ I 1 \\\I "o� \ �� E 'ttl •"moo \: 7� I sed c�Jpc� 4 PtoGeNS �'• e •��\ ' I co I2I I d � \\ 2I P 1epPss EpGpt� Solt GF V,66 -4 Ilk Oo<1 y: Ipaa SO�SN .............. . I II� ss Iss I `E*1NGt (DIFFLEY ROAD) . _ C.S.A.H. NO. 30 aa� -• � —mac..— • .I:y t _. - � --.Si . 1 � r .,a. - i 1' LEXINGTON HILLS APARTMENTS 0 0 EAGAN, MN • \J Agenda Information Memo, October 7, 1986, City Council Meeting Page Twenty -Four WAIVER OF PLAT/DAKOTA ELECTRIC ASSOCIATION C. Waiver of Plat for Dakota Electric Association to Split off Approximately .89 Acres from a 3.3 Acre Parcel for an Electric Substation --A public hearing was held by the Advisory Planning Commission at their last meeting held on September 23, 1986, to consider an application submitted by Dakota Electric Association requesting a waiver of plat in order to split .89 acres from an existing 3.3 acre parcel southeast of Dodd and Cliff Roads. The new parcel is requested 'to provide an electrical substation. The APC is recommending denial of the application. For additional information on this item, refer to the Planning and Engineering Department report found on pages/6j' through For action that was taken by the APC, refer to those minutes found on page(s) //3 . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the waiver of plat as requested by Dakota Electric Association. Special Note: Enclosed on pages 107A through is a copy of information Mr. Brunkhorst requested be presented to the City Council. 10/ vj ,,: September 30, 1986 Zakota 8&dA& Amocia&m 4300 220th Street West FARMINGTON, MINNESOTA 55024 TELEPHONE: 463-7134 Mr. Dale Runkle City Planner City of. Eagan 3830 Pilot Knob Road Eagan, MN 55121 Re: Proposed substation near Cliff Road and Dodd Road Dear Mr. Runkle, In order to continue providing adequate, dependable electric service to the southeastern portion of the City of Eagan, we have found it necessary to propose a new substation. The electrical capacity demand rose 23% last year in the City and now stands at 42,319 KW. • Our search to find a suitable location began over one year ago, with several locations being considered (see attached map). We feel very fortunate to have negotiated for a site so ideally located. This location will make it possible to draw from the power capacity of an existing 69,000 volt transmission line only .8 mile away. The intersection of Cliff Road and Dodd Road is also the intersection of main East-West and North-South feeder lines in the area. All of the other locations considered would have required a longer transmission line and longer distribution lines than the site proposed at the intersection of Cliff and Dodd Roads. Three of the other locations were in areas scheduled for residential developments, so besides being more costly they would impact more residents. The site we are proposing is on the edge of development at this time, there are only two residences within 350 feet of the site. The closest house is approximately 260 feet from 1074 the actual equipment. Dakota Electric is committed to placing trees and a four foot high berm between our facility and this residence for screening and noise reduction. Noise has been a concern, the transformer is the only device that makes any sound. The manufacturer has guaranteed a level no higher than 70 decibels which is about equal to the interior noise of a car at highway speed (see attached charts). We asked for, and received, comments from the Dakota County Park�Department which abuts the property (see attached). Dakota Electric uses the most modern, aesthetical pleasing equipment available in the industry, which is an all enclosed metal clad switchgear housing. Realizing that we must locate substations among residential and commercial developments, Dakota Electric Association chose this more expensive, but pleasing,- design over 15 years ago. We realize we are presenting this project to the Eagan City Council at a disadvantage since the Planning Commission has seen fit to deny our application for proper zoning. Hindsite tells us, that since the need is obvious, we may have taken certain issues for granted and may not have done the job of communicating that we should have on September 23, 1986. Our main objective on this project is to provide the capacity that the rapid development in Eagan demands while maintaining a "care and concern" attitude for those parties affected. We feel we have selected the best possible site, that is a location that fulfils the needs electrically, affects the fewest residences, and keeps costs to our consumer members most reasonable. We would greatly appreciate if this information could be submitted to the Eagan City Council members. This project is of vital importance to Dakota Electric Association and the Eagan members we serve. Sincerely, .Edward A. Brunkhorst Right -of -Way Engineer EAB Attachments DAKOTA COUNTY 8500 127TH STREET EAST - HASTINGS, MINNESOTA 55033 September 26, 1986 Mr. Edward Brunkhorst Right -Of -Way Engineer Dakota Electric Association 430.0 - 220th Street West Farmington,MN 55024 Dear Mr. Brunkhorst: PARKS DEPARTMENT 16121 437{608 Thank you for the information regarding the proposed location of a substation adjacent to the northeast corner of Lebanon Hills Regional Park. I have looked at a couple of the small substations you have built in Eagan and was impressed. with the efforts you made to landscape and structure the sites to blend into the neighborhood. Our long range development plans call for a park maintenance shop and park center building to be built in northeast corner of Lebanon Hills Regional Park within the next 5 to 6 years. The substation you propose would not be detrimental or harmful to park visitors nor to our flora and fauna. Thank you for informing us of your proposal and asking for our comments. T Since ly, Charles Lowery Director Dakota County Parks Department CL:ch cc: Gary Erickson, Physical Development Division Director L1-BRUNK AN EQUAL OPPORTUNITY EMPLOYER � �( \� R� '�►' ®' • 111 • Table 0-1 AUDIBLE SOUND LEVELS FOR OIL-IMMERSED POWER TRANSFORMERS Column 1—Class' OA, OW and FOW Ratings Column 2—Class' FA and FOA First-stage Auxiliary Cooling"I Column 3—Straight FOA' Ratings, FA' FOA' Second-stage Auxiliary Cooling "I Average Equivalent Two-winding Ralingl Sound Level 350 kV BIL and Below 450, 550, 650 kV OIL -- 750 and 625 kV OIL 900 and 1050 kV OIL 1175 kV BIL 1300 kV BIL and Above 11, Decibels 1 2 3 1 2 — 3 -1---2 --3 — -- 1 2 3 1 2 3 1 2 0 57 700 -... ... ... ... 58 1000 ... ..• 59 ... ... .. 700 ... ... ... ... ... .. ... ... ' 60 1500 ... ... 1000 ... ... ... ••. ... ... ... ... ... ... ... ... '•' 61 2000 .•• ••' 62 2500 ... ... 1500 ... ... ... ... 63 3000 ... ... 2009 ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 64 4000 ... ... 2500 ... ... ... ... ... .:. ... ... ... ... ... ... ... 65 5000 ... ... 3000 ... ... ... ... ... ... ... ... ... ... ... ... ... ... 66� 6000 ... ... 4000 ... ... 3000 ... ... ... ... ... ... ... ... ... ... ... 67 7506 625011 ... 5000 375011 ... 4000 312511 ... fib 10000 7500 ... 6000 5000 ... 5000 3750 ... ... ... ... ... ... ... ... ... ... ... 69 12500 9375 ... 7500 6250 ... 6000 5000 ... ... ... ... ... ... ... ... ... 70 15000 12500 ... 10000 7500 ... 7500 6250 ... ... ... ..: ... ... ... ... ... ... 71 20000 16667 .:. 12500 9375 ... 10000 7500 ...,, ... ... ... ... • ... ... .... O 72 25000 20000 20800 15000 12500 12500 ... 9375 ... ... ... ... ... ... ... ... ... 73 30000 26667 25000 20000 16667 ... 15000 12500 ... 12500 ... ...... ... 74 40000 33333 33333 25000 20000 20800 20000 16667 15000 12500 ... ... ... ... �n 1 75 50000 40000 41667 30000 26667 25000 25000 20000 20800 20000 16667 ... 15000 ... 12500 76 60000 53333 50000 40000 33333 33333 30000 26667 25000 25000 20000 20800 20000 16667 ... ... ... 15000 ... ... ... 77 80000 66667 66667 50000 40000 41667 40000 33333 33333 30000 26667 25000 25000 20000 20800 20000 16667 78 100000 00000 83333 60000 53333 50000 50000 40000 41667 40000 33333 33333 30000 26667 25000 25000 20000 20800 79 ... 106667 100000 80000 66667 66667 60000 53333 50000 50000 40000 41667 40000 33333 33333 30000 26667 25000 80 ... 133333 133333 100000 80000 83333 80000 66667 66667 60000 53333 50000 50000 40000 41667 40000 33333 33333 81 ... ... 166667 ... 106667 100000 100000 80000 83333 80000 66667 66667 60000 53333 50000 50000 40000 41667 'r ... 200000 ... 133333 133333 ... 106667 100000 100000 80000 83333 80000 66667 66667 60000, 53333 50000 83 ... ... 250000 ... ... 166667 ... 133333 133333 ... 106667 100000 100000 80000 83333 80000 66667 66667 Y 84 85 ... ... 300000 ... ... 200000 400000 ... ... 166667 ... 133333 133333 ... 1OG667 100000 100000 80000 83333 r ... ... ... ... 250000 ... ... 200000 ... ... 166667 ... 133333 133333 ... 106667 100000 86 ... ... ... ... ... 300000 ... ... 250000 ... ... 200000 ... ... 166667 ... 133333 133333 67 •.• ... ... ... ... 400000 ... ... 300000 ... ... 250000 ... ... 200000 166fi67 O 88 ... ... ... ... ... ••• --• ... 400000 ... ... 300000 ... ... 250000 ... .., ... 200000 -- 09 ... ... ... ... ......• ••• .•• •-• ••• ••• 400000 ... ... 300000 ... 250000 90 91 ... ... ... ... ... ••• ••• ••- ••• ••• •••... ... 400000 ,.. ... ... ... 300000 N ... ... ... ... ... ... ... ... ... ... ... ... 400000 r ' Classes of cooling (see 2.6.1 of American National Standard C57.12.00.1980). s . " First- and second-stage auxiliary cooling (see TR 1.0.02). 00 1 The equivalent Iwo-winding 55'C or 65'C rating Is defined as one-hall the sum of the kVA rating of all windings. ' O 9 Sixty-seven decibels for all kVA ratings equal to This or smaller. it 11 For Intermediate kVA ratings, use the average sound level of the next larger kVA rating. _ I For column 2 and 3 ratings, the sound levels are with the auxiliary cooling equipment In operation. ANSI flEEE C57.12.90-1980 MICROPHONE ` STATIONS 3" _�.L IEEE STANDARD TEST CODE FOR LIQUID-IMMERSEI , � I FORCED AIR. I 6 R�D COOLED SURFACES 6 o iD 4D CD r — — — — — — 1 6'R NATURAL AIR TANK BOX COOLING MAIN DRAIN .D VALVE MAJOR SOUND \ 1/ PRODUCING SURFACE � 3..-- 3',j--3J� I Fig 30 Determination of Microphone Locations for Measurement of .Audible Sound for Liquid -Immersed Transformers more, measurements shall be made at one- third and two -thuds height. 13.5 Sound Level Measurements 13.5.1 Sound levels shall be measured in con- formance with 13.2.1, 13.3, and 13.4 using the sound level meter A -weighting characteristic. 13.5.2 The average A -weighted sound level is defined as the arithmetic mean of the respec- tive A -weighted . sound level measurements taken at each microphone location defined in 13.4. 13.5.3 When specified, measurements shall also be taken using the sound level meter C - weighting characteristic. I.. 13.5.4 If ambient conditions.necessitate, the sound level may be measured using discrete frequency components. (See 13.6.4.) 48 NOTE: For a discrete frequency application, see HENIMES, R. T. and. GRAHAM, D. C. "Measurement of Self -Cooled Transformer Sound Levels lu�Relative- ly High Ambients," IEEE Transactions on Power Ap- paratus and Systema, vol PAS -89, no 7, SeptlOct 1970, pp 1657-1662. 13.6 Optional Frequency Analysis Measure- ments 13.6.1 Virden specified, frequency analyses shall be made in accordance with 13.2, 13.3, and 13.4 for either octave, one-third octave, or discrete frequency measurements. Either the A -weighting, the C -weighting, or the flat response meter characteristic may be used. The weighting characteristic used shall be reported with the data. 13.6.2 Octave band or one-third octave band frequency analyses measurements shall cover • • • I THUNDERBIRD In general, the T -Bird has a repertoire of pretty sweet moves. It zigs, zags, and cruises with some of the better iron, and it offers the wonders of ABS brakes to save you from calamity. Fast or slow, this is a very nice car. But is it a memorable car, one to be sa- vored for all time? Frankly, no. Unfortu- nately, the new Bird suffers one fatal flaw' ' a single impediment to world-class status that cannot be overlooked. The stumbling block is the engine - specifically, its roughness. This year's acoustical upgrades -a reworked trans- mission -support crossmember, stiffer ac- cessory -drive brackets, and various other refinements -render it the quietest 2.34i= ter turbo vet. But that's not enough in a league filled w'ith.crearry-smooth fours, fives, and sixes. The turbo four no longer thrums like a tractor --as long as you keep it between 2000 and 5500 rpm -but it still lets you know it's there in no uncertain terms. The sound of a world-class powerplant ought to be music, but this one makes you want to turn up the radio. The noise -pollution problem could have been solved by adding balance shafts to the 2.3 -liter engine to quell its mighty shaking, but development of such pieces lagged too far behind to make 1987 pro- duction. And a hot V-6 will displace the turbo four in the 1989 models, so now there is little incentive to spend the extra ash on the 2.3. A swap to the Mustang's superb fuel -injected V-8 would have worked wonders, but it would also have made the Thunderbird a gas g=ler. It looks as though the current T -Bird will live out its days with this engine, but life could be worse. Considering how far Ford has come with a car that descended from the Fairmont, the T -Bird's future looks as bright as the noonday sun. The newest Ford Thuriderbird may not be quite ready to soar with the eagles, but it's already flying far above the turkeys. -Rich Oppo4 40 Vehicle type: front -engine. rearoheeWrive. 5 -passenger, 2. door sedan Pace .,tested; $17.000 (estimated) Options an test car. AM/FM steren radio/cassette, power antenna, nwar seat, cruise control. IIIc steering. Power locks, rear defroster Standard accessories: power steering A/C Sound system: Ford AM/FM -stereo radio/cassette, 4 speak- ers ENGINE 58.1/SB.b in Type ............. turbocharged and inlercooled 44ti-fine. Width .........................................71.1 iron block and head gore a stroke ........... 3.78 x 3.13 in, 96.0 x 79.4mm Displacement ....................... 140 cu in, 2299M Compression ratio ..........- ................. ...8.0:1 Engmecontrd system .............. Ford EEC -IV with port lower side bolslers, thigh support fuel injection Emissions controls..... 3 -way catalytic converter. feedback lair good excellent fuel -air -ratio central. EGR Turbocharger .............................. IHI RHB 52 Waste gets.....................................integral Power assist .............. Maximum boost pressure ......................... 15 Psi Valve gear .............. belt -driven single overhead cam Wheel type .............................. hydraulic litters Power (SAE nec.................. 190 bhp @ 4600 rpm Torque (SAE net) ................ 240 IbR @ 3400 rpm DRIVETRAIN 25.5 Transmission .................................. 5 -speed Final -drive ratio ..................... 3.55:1. limited slip Gear Ratio Mph/ 1000 rpm Mas. test speed 1 3.97 5.4 33 mph (6200 rpm) II 2.34 9.2 57 mph (6200 rpm) III 1.46 14.7 91 mph (6200 rom) IV 1.00 21.5 125 mph (5800 rpm) V 0.80 26.9 137 mph (5100 rpm) DIMENSIONS AND CAPACITIES Wheelbase ................................... 104.2 in Track. F/R ............................... 58.1/SB.b in Length ...................................... 202.1 in Width .........................................71.1 in 'Height.........................................53.4 in Curb weight_ .................................. 3400 It, Weight distribution. F/R.................... 54.8/45.2% Fuel capacity ..................................18.2 gal CHASSIS/BODY Type ................................. unit construction Body material ....................welded steel stampings INTERIOR SAE volume. front seal ......................... 52 cu N rear seat .......................... 40 cu k trunk space .......... I............ 15 cu N Front seats .................................... bucket Seal adjustments....... fore and oil. seatbeck angle. front 3.9 height, rear height. lumber support, rack-and-pinion, power-esfisted lower side bolslers, thigh support General Conlon ................. poor fair goad excellent Farrand -ah support .............poor lair good excellent Lateral support .................. poor fair good excellent SUSPENSION F: .................... Ind, strut located by a control arm, HANDLING coil springs, anti -roll bar R.................., rigid axle. 4 trailing links; 2 leading Roadholding, 300-N-dia skidpad .........:... hydraulic links, coil springs, anti -roll bar STEERING 3.9 Type .................... rack-and-pinion, power-esfisted Turns lock.talxk .. ........................ 2.4 Turning circle curb -to -curb ...................... 39.4 N BRAKES 60 mph .............................. F; ............................ 10.9 a 1.0 -in vented disc R :............................ 11.3 x 0.9 -in vented disc Power assist .............. hydraulic with anti-lock control WHEELS AND TIRES Wheel size ................................. 7.0 x 16 in Wheel type .............................. usl aluminum Tires ............. Goodyear Eagle VR60. P225/60VR-16 CAR AND DRIVER TEST RESULTS ACCELERATION Seconds HANDLING Zero to 30 mph ............................... 2.4 Roadholding, 300-N-dia skidpad .........:... 0.80 g 40 mph ............................... 3.9 Undemleer.............. minimal moderate excessive 50 mph ............................... 5.6 8.0 COAST4>OWN MEASUREMENTS 60 mph .............................. Road horsepower @ 30 mph.......:........... 7 hp ................ 70 mph.............. 10.8 50 mPh.................. 16 hp 80 mph .............................. 14.1 70 inch .................. 33 hp 90 mph .............................. 19.2 - 100 mph .............................. 25.5 FUEL ECONOMY (projected) 110 mph ..... :........................ 33.6 EPA city driving .................•.••••.... 18 mpg Top -gear passing time, 30-50 mph ............. 15.3 EPA highway driving -.. ............ •.... 25 mpg 50-70 mph ............. 12.3 C/D observed fuel ecorwmy ................ 14 mpg Standing V. -mile ................ 16.0 sec @ 85 mPit Top speed ............................... 137 mph INTERIOR SOUND LEVEL Nle............................�.:..:':. -... 52 dBA BRAKING - - Full throttle acceleration .................... 62 dBA 70-0 mph @ impending lockup .............. 194 N 70 -mph crubung ...... ...................... 70 VBA Fade .........................none moderate heevy I 70.mph cresting ................. ...... :.-. 69 dBA CAR and DRIVER Dakota E For: Mr. Ed Bronkhorst o 32/91 Dakota Electric 4300 - 220th Street West Farmington, MN 55024 nn LAAR H. SCHWANZ Aro Eull "TSW � XwulwM ur�EN;lw�Et lr arra M ---t- . me — I "TH ntint,.me—I"TM ETR ECT W.—WXM R40RWr1T. MEEIEWTA MCN WMNE$124E11WM SURVEYOR'$ CERTIFICATE __e ..,'.,",.. )N 4T II LING NW 1/,Il SEC, 310-T 1?14-k llw -- NE G0¢.✓E7 � MSEC. 36 - f77./ eZ36V SCALE: J :100' Proposed Description: That part of the Northwest Quarter of Section 36, Township 27, Range 23, Dakota County, Minnesota described as follows: Commencing at the northeast corner of said Northwest Quarter; thence.North 69 degrees 41 minutes 50 seconds West (assumed bearing) along the north line thereof a distance of 1118.52 feet; thence South 00 degrees 15 minutes 00 seconds West a distance of 266.00 feet to the point of beginning of tract to be described; thence continuing South 00 degrees 15 minutes 00 seconds West a distance of 164.80 feet; thence East a distance of 234.52 feet; thence North a distance of 164.80 feet; thence west a distance of 233,80 feet to the point of beginning. Containing 38,590 square feet. July 24, 1986 Minnesota Reg. No. 8625 CITY OF EAGAN SUBJECT: WAIVER OF PLAT (LEBANON HILLS SUBSTATION) APPLICANT: DAKOTA ELECTRIC ASSOCIATION LOCATION: NW a, SECTION 36 EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: SEPTEMBER 23, 1986 DATE OF REPORT: SEPTEMBER 15, 1986 REPORTED BY: PLANNING AND ENGINEERING DEPARTMENTS APPLICATION.: An application has been submitted by Dakota Electric Association, requesting a waiver of plat in order to split .89 acres from an existing 3.3 acre parcel southeast of Dodd and Cliff Roads in Section 36. The new parcel is needed to provide • an electrical substation. This substation will be contained within a chain link fence. The eastern side of this site will need considerable screening or land berming to lessen the impact on the home to the east. Dakota Electric has submitted an attachment detailing the reasons for the substation. GRADING/DRAINAGE:. Because of the small area and use of this site, staff did.not anticipate the grading to be of any problem. The development does not propose on changing any existing drainage patterns. The development will maintain an existing north, to south drainage pattern. UTILITIES: Because of the use of this site, the applicant will not require any utilities. • STREETS: Access to this development will be from a 20' easement off of Dodd', Road. I.t will be a private access maintained by the applicant. RIGHT-OF-WAY/EASEMENTS: This development will not require the dedication of any easement or right-of-way for City purposes. ASSESSMENTS: This development will be responsible for trunk area storm sewer assessments at the residential rates in effect at the time the Council approves the waiver of plat. CONDITIONS: DAKOTA ELECTRIC ASSN - WAIVER OF PLAT 1. This development shall be responsible for its trunk area storm sewer assessment at the residential rate in effect at the time of waiver approval. 2. All applicable ordinances shall be adhered to. 3. This development shall be responsible for park dedication fee. /09 0 0 21 14L�Minnesota Reg. No. 8625 N 89, ¢/ SEC 36 - 7�27A eZ3 w . i a AZIOG°SED .0 A 119 (` %n 2 _ ± �_ lQp ' 233•Bo weE57'H Nt� Nt Its \ — ,234:Sz EAST Proposed Description: ,. That part of the Northwest Quarter of Section 36, Township 27, Range 23., Dakota County-, Minnesota described as follows: Commencing at the northeast - corner of said Northwest Quarter; thence North 89 degrees 41 minutes 50 seconds West (assumed bearing) along the north linethereof a,distance of 1118.52 feet; thence South 00 degrees 15 minutes 00 seconds West a distanceof 286.00 feet to the point of beginning of tract to be described; ® thence. continuing South 00 degrees 15 minutes 00 seconds West a distance,of 164.80 feet; thence East a distance of 234.52 feet; thence North a distance of 164.60 feet; thence West a distance of 233,80 feet to the point of beginning. . ' Containing 38,590 square feet. July 24, 1986 21 14L�Minnesota Reg. No. 8625 WHY A NEW EAGAN SUBSTATION? 1. To serve the rapidly increasing load in the Eagan area. See attached table. 2. To provide capacity and connections to adjoining substations and as a result improve reliability and contingency plans. WHY THE PROPOSED LOCATION? 1. Least amount of impact by the 69,000 volt transmission line required to serve this substation. The transmission line will be extended .8 mile west along an existing distribution line located on the south side of Cliff Road. 2. Least amount of impact by distribution feeders since the existing main feeders can be split to serve all four directions from this substation location. 3. This site is located within an area experiencing several new developments totaling over 1000 housing units. 4. This site is adjacent to the Dakota County Park land and only has two residential families within 350 feet. Dakota Electric will strive to make our site compatible with the residence of Mr. and Mrs. Mark Sieh by providing desired screening on the east side of the proposed site. WHAT'S THE PROPOSED NAME? We are tentatively calling this the Lebanon Hills Substation since it is adjacent to Dakota County Lebanon Hills recreational area. 09/02/86 • Dakota Electric Association • • DAKOTA ELECTRIC ASSOCIATION PEAR LOADS ON SUBSTATIONS IN EAGAN Substation Deerwood Eagan LeMav Lake Yankee Doodle River Hills TOTAL 8 of sub. load in Citv 1008 698 1008 768 418- //v 1985 peak 1986 peak Percent in City in City increase 11,220KW 14,594KW 308 1;297KS4 1,792KW. 388 11,011KW 12,16M 108 5,426KW 6,072KV7 128 5,381KW 7,670KW 438 34,335Kw 42,319KW 23.38 APC Minutes September 23, 1986 DAKOTA ELECTRIC ASSOCIATION - WAIVER OF PLAT Chairperson McCrea then convened the public hearing for the application of Dakota Electric Association requesting waiver of plat in order to split .89 acres from an existin& 3.3 acre parcel, southeast of Dodd Road and Cliff Road in Section 36. Mr. Dale Runkle indicated that the new parcel was needed to provide an electrical sub -station. Mr. Ed Brunkhorst indicated that there had been a 23% increase in the demand in the Eagan area and that the proposal would be a "clean" site with only one transmission pole. Several homeowners in the area appeared objecting to the impact of the site upon the Dakota County park, the inappropriateness of such uses in their residential area, potential noise, concerns regarding future expansion, and the impact on existing wild life that occasionally grazed in the area. It was indicated that the fenced area would be approximately 110 feet by 135 feet, with a 32 foot high utility pole and 10 to 11 foot high transformer. A security light would be provided. • The existing parcel was zoned Agricultural and appeared to have a Comp. Guide designation of R -I. Member Mulrooney objected ito the waiver of plat without knowing the anticipated use of the balance of the property. Member Harrison indicated that the sub -station belonged to the commercial area. Member Hall suggested that the electric company had the power of eminent domain and was advised that the proposal would include three foot berms with six foot pine trees, in addition to the existing 12 foot hedge.' Bohne moved, Mulrooney seconded the motion to recommend denial of the proposed waiver of plat for the following reasons: 1. That the site was not an appropriate location. 2. That the presentation was inadequate as to the use of the surrounding area. 3. That there were other available site choices. • All voted in favor except Wilkins who voted nay, and Hall who abstained. E Z AIRPARK - WAIVER OF PLAT .After a short break, Chairperson McCrea called the public hearing for the request of a waiver of plat to split the north 650 feet of Lot 6, Block 1, Eagandale Center Industrial Park No. 2 for the EZAirpark expansion in part of the southwest quarter of Section 2, southwest of Trunk Highway 1155, east of Lexington Avenue. Mr. Dale Runkle introduced the proposal and Mr. Gharles Nolan, Jr. was present and Mr. J. E. Parranto explained the request for waiver of plat and conditional use .permit. He indicated that the conditional use permit had been completed and a waiver of plat request inadvertently was left out of the original "application. Therefore, the matter was before the Planning Commission in order to clean up the technicality of the concept //-3 6 Agenda Information Memo, October 7, 1986, City Council Meeting Page Twenty -Five WAIVERS OF PLAT/B.H. GRACE CORPORATION D. Waivers (2) of Plat for Duplex Lots on Lot 4, Block 3, An application was submitted by waivers of plat for two lots duplexes conformed to all City regarded as procedural to satisfy B.H. Grace Corporation, to Split and Lot 6, Block 3, Rahn Rid4e-- B,.H_ Grace Corporation, requesting in the Rahn Ridge Addition. The requirements and this action is the sale of these units. For a copy of the Planning Department report on this item, refer to page (s) 1/5 . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or • waivers of plat as presented by S.H. Grace Corporation. deny the CITY OF EAGAN SUBJECT: WAIVER OF PLAT B H. GRACE CORPORATION APPLICANT- BLOCK 3, RAHN RIDGE LOCATION= LOTS 4 & 6' D. ( 77_1) ING ZONING: R-2, WITHIN MISSION HILLS P EXIST 1986 PUBLIC HEARING' OCTOBER 7, DATE OF 1986 DATE OF REPORT: SEPTEMBER 30, REPORTED BY: PLANNING DEPARTMENT the B•H• Grace submitted bots in the Rahn > TION: application has been for two lot An aPP of Plat the 15,000 sq ft. requesting WaiVers lots meet poration All 25 duplex age Addition. requirements- requirements and Ze and 100' width req setbac,' 4 and 6 meet Code Lane - Lots are served by Vienna le duplexes on Both applicable crate utilities. be subject to all rve separate shall 77. E approved, these Waivers ode requirements- .S/J] 11 - r • 11 5 b .. I O 6 G4S. fie¢ A� / WI FET>YY V p ✓ I �~ el All Dv5.b� c 2 pakel N B04B'03 I o09 h 6 - parcel B \ I N o I w4 %l f Z i I s 9 arcel Bo p S .46 pp J > o pRoP05ED m 9N3 DATION 9L62 94L TOP uF Fo -3S' ' Lj4 IOII �M1L ,,957 G',RAOE oFLOOR ,rt-A{SkERL S},RVICE F"I.EV. f N R �' pgOPOSED ELEVATIONS v I E N �_ EXISTING ELEVATIONS w5 Agenda Information Memo, October 7, 1986, City Council Meeting Page 'Twenty -Six CLARIFICATION OF LIGHT INDUSTRIAL ZONING/SILVER BELL PLAZA E_ Clarification of Light Industrial Zoning for Silver Bell Plaza --The Dallas Development Company is presently developing a 100,00'0 square foot plaza a the intersection of Highway 13 and Silver Bell Road. The plaza is designed and intended as. an office/warehouse type facility, however, during their advertis- ing for leased and rental .space, several requests to locate a hair salon or child care operation have been presented to Dallas Development Company. According to the City Code, Subdivision 16, found on pages 311 - 313, there are no permitted uses or uses by conditional use that would allow for a hair salon or child care operation. The Planning Department has explained • the conditions and regulations set forth in the City Code, however, Dallas Development. Company has asked for an opportunity to request special consideration by the City Council. Since uses are regulated by the City Code, it would require an amendment to the City Code to allow this type of use as either a permitted or conditional use permit in a limited industrial district zoning classification. Enclosed on page //, is a copy of a letter from Dallas Development Company, requesting bonsideration on this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a change in the City Code regulations as requested. /(a �;amn ,�, D av'eyA II��/ y 9�! e t 'd�C��1r�'f;5 p�� I'JieW Vn�h 47 September 22, 1986 Mr. Thomas Hedges City of Eagan 3830 Pilot Knob Road P.O.. Box 21199 Eagan, MN 55121 Dear Mr. Hedges: 10369 West 70th Street • Eden Prairie, MN 55344 • (612) 941-2971 The Dallas Development Company is presently developing the 1.00,000 S.F. Silver Bell Plaza at the intersection of Highway 1.3 and Silver Bell Road. In the process of marketing this project, we have had several inquiries from hair salons and child care operations wishing -to locate in our project. Our question is if these are permitted uses in a Limited Industrial District. These users are interested in this location primarily because of the present employee base and potential for employee growth in this Limited Industrial Zone. Their main marketing thrust would be to provide goods and services which are primarily for • the -use of.persons employed in our project and this zoning district. I would apprecate your,.comments regarding this matter. Sincerely, Bernie Frey BF/ack //7 Agenda Information Memo, October 7, 1986, City Council Meeting Page Twenty -Seven VARIANCE/RAYMOND FISCHER F. Raymond Fischer for a 10' Variance to Sideyard Setback (St. Francis Wood 5th Addition) --The staff has received a request for a 10' side yard setback variance for the proposed condominium development located in St. Francis Wood 5th Addition, as described by the staff report enclosed on pages //5J through 1Z.,0 . Written notices have been sent to affected pr pe—rty owners within 200 feet of the proposed variance, informing them of the Council's consideration of this request on October 7. The Council may recall that the final plat for the 5th Addition • was approved by the Council on September 2. With this final plat showing the location of the lot line for each condominium unit only, and not the building's foundation footprint, it was not discovered that a setback variance was: required until detailed site plans were submitted in anticipation of building permit application. If the variance is denied, the final plat configuration will have to be revised. This should not create any significant problems due to the fact that this plat has not yet been sent to the county for recording and can be handled administratively. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny a 10' side yard setback variance for Lot 1, Block 1 and Lot 5, Block 2, St. Francis Wood 5th Addition. If denied, authorize the revision to the final plat configuration prior to recording at Dakota County. CITY OF EAGAN SUBJECT: VARIANCES APPLICANT: FISCHER - STAPF CONSTRUCTION LOCATION: LOT 1, BLOCK 1 S LOT 5, BLOCK 2, ST. FRANCIS WOODS 5TH ADDITION (SE 1/4, SECTION 15) EXISTING ZONING: R-3 (TOWNHOUSE) DATE OF PUBLIC HEARING: OCTOBER 7, 1986 DATE OF REPORT: OCTOBER 2, 1986 REPORTED BY: PLANNING DEPARTMENT AAPPLICATION SUMMARY: The St. Francis Woods 5th Addition received • final plat approval on September 2, 1986. This plat has not been recorded as of yet. In an effort to keep the plat in conformance with Code requirements, building location adjustments have been made. However, two setback variances will be necessary on Lot 1, Block 1 and Lot 5, Block 2. Code requires 30' frontyard setbacks along public streets and 30' sideyard setback's in R-3 districts. Another requirement is that there is 30' minimum between building pads (3 or 4 units typically). Lot 1, Block 1 will be 20' from the property line but will be 30' from the townhouse building in the 3rd Addition to the north. This variance will provide an overall consistency of, buildings along Widgeon Way. Lot 5, Block 2 will also require a 10' variance to a 20' sideyard setback. Since this area abutts an 80 acre .agricultural parcel to the south (designated R-2 in the Comprehensive Guide Plan), future development should not be affected because sideyard setbacks are 10' for dwelling. units and 5' for garages in both R-2 and R-1 districts. In either case, there would be a minimum of 25' between buildings. All other setbacks meet Code requirements. If approved, these variances shall be subject to all applicable Ordinances. JS/mc NORTH MANG13 POND JP 65 Ot4 L EA�Am MrEff 7k ;;iii,.,•.-.,-,�K� .'s.`,- --�' 1 — �;' }�:.J, :�� i -' A # DENOTES VARIANCE TO A 20 SET BACK REQUESTED 3E INECnING 3MPANY, INC-. ..... ..... I 4b .. .........GRADING, DRAINAGE & EROSION CONTROL IN ST. FRANCIS WOOD 5TH ADDITION uFD .IX RAY FISCHER • Agenda Information Memo, October 7, 1986, City Council Meeting Page Twenty -Eight pct, RESOLUTION/PROPERTY TAXES PAYABLE IN 1987 G. Resolution for Certification of Property Taxes Payable in 198'7 --Each year City Councils are required to certify property tax levies prior to October 15. As a result of several budget meetings and a public hearing the levy of 1986.real estate taxes payable in 1987 is a grand total of $5,9.21,581. This total levy • includes general fund, road and bridge fund, debt .service and special levies. The Director of Finance is recommending that the City include all special levies under the special levy category entitled Increased Industrial/Commercial Development which in the past. has allowed the general fund base to increase accordingly allowing the City of Eagan more flexibility in dealing with future general fund budgets. Please note that the amount for the general levy as illustrated on the September 8 adjustment sheet was reduced by $406,685 and the new amount for special levies was increased by that same amount from $136,36,3 to $543,048. Again the total amount for the tax levy in 1987 as considered by the City Council before fiscal disparities has not changed. The City Council's tax levy is projected to reduce the mill rate •that was approved in 1985 payable 1986. The proposed property tax levy does not utilize all that the general levy or special levies that are available to the City. The Director of Finance and City Administrator, having examined all the special levies available to the City and the maximum general levy, have projected that the City could raise the mill rate or property taxes in excess of 2 additional mills. Enclosed on pages /7-7/ for review and consideration is a copy of a comparable mill rate spread sheet from the 1986 final and proposed 1987. Also enclosed on pages 12-3 through L is the final resolution and a breakdown of the property tax levy payable in 198.7. ACTION TO BE CONSIDERED ON THIS ITEM': To approve or deny certification to Dakota County of the 1986 general property tax levy payable 1987 in the amount of $5,921,581 which represents an estimated mill rate reduction for 1987. 17-1 1937 FSrD1ATE 9$-66 AIDI`2M ,s66 Fnw. ' 9225,326.136 9263,474,734 $253,474.734 1rr�� AssF= VAI11UMN (neap) 1$9ed Ch ika.e_ � $fit ua�`�e lid m AevaaE Hamot FYI 1996LFAS 1956 Fayble Final Amnt Mill Rabe (Daaree- =) Amrh Mill Rale Firal Amnt YM Rate $907,000 4.025 $854,000 3.241 (.764) $854,00D 3.241 (.764) lim'SERVICE (ENEFtAL FWD General 1evy3,697,030 16.409 4,62,737 17.697 1.299 4,662,737 136,363 17.697 .519 1.299 (.456) Special Levies 226,672 1.005 526,949 2.000 .994 r Total 17.414 5169.686 19.697 2.293 4.799.100 19_215 .801 — General Fina 3,923.702 221,669 26BAl 1.019 .035 266,481 1_019 .035 FY1AD AND FAIIIE _9E14 Total Before Fiscal 21.423 6.312,167 23.957 1.534 5921,581 22.475 •552 Disparities 5,052,371 LEE: Fiscal Disparities (1.429) (400.000) (1.516) (.099) (400.000) (1.518) .059 Distribution (322.140) Net 1bt97s 54,730.Z31 20.994 $5.912,167 22.439 1.445 $5.521.58, 20.%7 (.037) RESOLUTION CITY OF EAGAN. LEVY OF 1986 REAL ESTATE TAXES WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was held on October 7, 1986, at 6:30 p.m. at the Eagan Municipal Center, all members being present except , and WHEREAS, upon motion by Councilmember , and seconded by Councilmember , It was RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota, hereby is on record approving and certifying the, levy of 1986 Real Estate Taxes for Eagan, Minnesota, which taxes are payable in 1987 as follows: General Levy (Levy Limit): General Fund Road & Bridge Fund TOTAL GENERAL LEVY Special Levies: Debt Service Other TOTAL SPECIAL LEVIES GRAND TOTAL LEVY Dated: October 7, 1986 $4,256,052 268,481 $854,000 543,048 CITY COUNCIL CITY OF EAGAN By: Its Mayor Attest: Its Clerk CERTIFICATION $4,524,533 1,397,048 $5,921,581 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 7th day of October, 1986. E.J. VanOverbeke, City Clerk City of Eagan /Z-3 • • 1986 GENERAL PROPERTY TAE LEVY PAYABLE 1987 Special Levies Bonded Indebtedness 1972 ® Park & Fire $69,300 1973 Park 37,400 1979 Fire Station 42,600 1982, Municipal Expansion 129,,800 1984 Park Improvement 563,000 . Sub -Total $815,100 Equipment Certificates 1984,Certificates 38,900 Sub -Total 38,900 Increased Industrial/ Commercial Development 543,048 Sub -Total 543,048 GRAND TOTAL SPECIAL LEVY $1,397,048 ----------------------------------------------------- DEBT ,SERVICE $854,000 40 GENERAL FUND 543,048 TOTAL $1,397,048 ---------- General Levy GENERAL FUND $4,256,052, MAJOR STREET FUND 268,481 TOTAL $4,524,533 GRAND TOTAL 1986/1987 TAE LEVY: $5,921,581 Z5/ Agenda Information Memo, October '7, 1986, City Council Meeting Page Twenty -Nine MINNESOTA VALLEY HUMANE SOCIETY REQUEST H. Minnesota Valley Humane Society Request to Construct an Animal Shelter --A letter with, attachments, found on pages 126 through was received from the Minnesota Valley Human Society. it en Gressman, a Minnesota Valley Humane Society board member, has requested time on the City Council agenda to present and request support from the City of Eagan to construct an animal shelter for the purpose of serving residents in municipalities throughout Dakota County. At the Apple Valley city council meeting on September 25, the • presentation was heard and Mayor Branning suggested that Dakota County mayors meet and discuss a united approach before any further discussion or action is taken. The same presentation will be given to the Burnsville city council on Monday, October 6. There is no specific action required on this item. A direction for consideration might be a county -wide meeting with 1) Mayors, city administrators and representatives of the Dakota County commissionpresent or 2) An evening meeting, at which time city councils, mayors, county commissioners and others could be invited to discuss alternatives for a humane society. It might be difficult to control alternative 2, due to the number of persons who might be in attendance. ACTION TO BE CONSIDERED ON THIS ITEM: Provide direction to the City Administrator and/or the 'Minnesota Valley Humane Society,' regarding construction of an animal shelter in Dakota County. • IN ONTY C G"Vw�tPARe is N"Sc\�C'� 'SNE Soc, r ;J i I • '����`..�_, �-`",._-O 1.�. r. E:f-.a�L,> �,(_. ��� ��-L�.-f,ri_<. r��C-.y.i..-1.�3_�%-L.: /f/ / i L6.-��r,JS—v,_f�-bl-i�'�-.C.P_.l�c.�_ �.�J /�.l` �J-4,-��[' .�� ��.G-i`,y1�.ALC.i^.�� G- 1^J �.t'✓p"t_C'f ��� .9..` ��J,�I �I�C .I._ � ��.. (:.'�-('-['_ .l_/�..P— ✓L.��.d _(.c� .c.,t-l..:f Li-itr�- ..l'_i, �./ [7Li.(�..1_�s�t_`-,l_�I.0 Fes! /(,'" � �1-�-'�'"./�'_c`.(�L, C'l�c c.,.t-�� lil-Ct-i-��,_�i_v.J 'H-�-ti-i�-(-('i�4 ��Cf-/_t/l•.Zi� �-i; J_ L %• d 'c_— ; �F'. r, r-ar�c l_ / -,�.:: -r_ l�.'w_ %L f [/'r c. � c'..el_vr,�'�r . o-(_.-,.C'�\_CSL,[-, CJ l- (:� (,r,�•-<� 0-I ,[.t'-%��c_/.� /c.;) �,�Lr,C-cYiec-.L . lye., �[ y. V- , C, t❑i N T V "I ,, A k\�., . .411"'EtPARNE E SOC-" r -T STA F �'R M tiG�rNEzs f asCest9ro�ih ���2� n M�nnPso UNNESOTA VALLEY HUMANE SOCIETY OF DAKOTA COUNTY Box 423, Rosemount, MN 55068 • TO; THE CITY OF EAGAN rROi•1: iMINNESOTA VALLEY HU MAI:E SOCIETY OR DAKOTA COUNTY county._ It is proposed by the "in. Valley Humane Society of Dakota County, a non-profit corporation of the State of "Minnesota, to construct and operate a full-service animal shelter facility within the County of Dakota, the programs and services of which will be accessible and available to the residents of the county. It is requested by the Minnesota Valley Humane Society that the City of Eagan'--- allocate funds to help support the construction of an animal shelter in. the area of Dakota County. This financial aid is possible and applicable under the provisions of the Minnesota Animal Welfare Statute 343.11., NERD (RATIONALE) ® As animal populations increase, so do the degree and complexity of animal related proplems. The Minnesota Valley Huiane Society of Da.k. Co. is concerned for the welfare of animals, but also recoLrnizes a responsibility to provide necessary proCrams and services to the general public. We further recognize that a wanderinS animal, while not responsible f for its situation, represents a potential menace to public safety and health, and must be controlled. Last year, in the seven -county metro area, more than 80,000 surplus cats and dogs were destroyed at public expense and rather than abating, the problem of surplus animals shows every indication of becoming worse. There is no facility in Dakota County to address the unwanted animal, and opera- tional shelters in Hennepin and Ramsey and WashinSton Co. are no loner able to accept all unwanted animals from our county. In view of this situation, more and more animals are simply abandoned by their owners, becomintt a public problem, eli."ible for the attention of an uncertain and unprepared system of animal control. 174 Proposal to the .CITY OF EAGAN PEED (RATIO"TALE) Cont A possible solution to animal related problems is a active,, strong humane society, capable of meeting these problems head -ori. County and city support of the Minnesota Valley Humane Society shelter is an investment that will be repaid many times. A shelter will allow the Society to receive and care for unwanted animals, provide stability toranimal control, pro ote and a minister rabies vaccination clinics, pnap Y licensing, assistance with animal abuse investiration,provide public education for responsible pet ownership and a centralized lost and found service. Animal related problems do exist in the Dakota County area. The Humane Society telephone line receives calls each day from residents of the county who have unwanted animals, are reporting.stray pets, • have a lost pet, or are reporting cases of possible abuse to an animal. A animal shelter could answer and address these calls which would leave various law enforcements with much needed time to take care of other duties and coi„imitrments; instead of having to deal directly with stray and abandoned animals. SIsHVICES AND CAPACITIES OF THE PROPOSED FACILITY The shelter facility as proposed is an approximate 9,200 square foot structure, combining animal receiving, boldin[;, examination, adoption and euthanization area with attached, but separate, administration and public meeting*, areas. Its capacity for animals will be about 13.000 per ,year, with a maximum daily capacity of 146 animals. The method of euthanization trill be infection, universally accepted as the most humane of various methods in use. The humane society will operate an expanded investigations division, utilizinir State -licensed investi-,ators who will respond to complaints of abuse to animals and work cooperatively with the local law enforcement ar_encies in the resolution of complaints. The facility will offer rabies va%ination clinics., administered by cooperating veterinarians who will issue appropriate certificates. Shelter personnel will assist in the identification, recovery and observation of animals that have bitten people and where rabies is a potential hazard. The shelter will provide a centralized, county -wide "lost and found” service, greatly increasing the odds of lost pets being recovered by their owners. 121 Proposal to the CITY OF EAGAN -PAGE 3 SERVICES AMD CAPACITIES (con' -t) A shelter will provide the Society with the capability of animal control contract manaZement, which we otherwise will not have. All animal receiving and adoption services will be available. Public education programs, designed to familiarize people of all a -es with animal behavior and the proper care of animals will be offered both on-site and at other locations throughout the county. SUMMARY ® A full-service anima -1 shelter facility benefits the entire population of a community, not only those who own pets. Non -pet owners,will be served by an expected reduction in the number of uncontrolled animals, a more effective rabies vaccination and licensing program, and a increased awaAess of pet ownership responsibility on the part of those who do keep pets. llhile there will continue to be irresponsible pet owners and there- fore, animal related oroblems, the shelter will provide a direct resource to the cities of Dakota County which can more effectively address these situations than those systems now in place. The Idn. Valley Humane Society has provided pro. -rams and services directed toward animal -welfare and public education since May, 1981.. During this time, the human population increase in the county has broul?ht an increased animal population and, as both populations continue to grow, so does the complexity of animal -related problems. A -shelter is not a luxury-- it is a necessity. The shelters in the nei-hborinl* counties are no lonZer able to accept unwanted animals from our area as they have done in the past, the numbers are too great. We ask support from Eagan ---- because we believe that services in animal care, shelter and control are essential. We appreciate your consideration and hope for your support. Respectfully Submitted, MINNcSOTA VALLEY TIUMANE SOCIETY OF 'DAKOTA COUNTY X30 PREVENTION OF CRUELTY § 343.11 .§81 et seq. § 11 etteq. :tion shall make a numbered year, to ,gs for the preyed- '• i § 65a1. 274, § 5. Is § 81 ct seq. § 11 et seq. Library References A lliumis <'a30. C.J.S. Animals § 81 ct seq. Infmits C=33, 17. C.J.S. Infants § 11 et seq. Notes of Decisions I. Construction and application within the county. It, as n mutter Of fact, n purported OD-1Cty.Oen., ]^-5b-35, Sept. 5, 1062. Lumnne society, organized under § :117.61 et scq., was formed for the Animal rescue lengue organized un - purpose of preventing cruelty to nnl- der this section was a purely public mals or children, n county board charity within Const, arL 0, 1 1 .ould properly npproprinte money for granting exemption from taxation. its use for work done exclusively Op.Atty.Omt., 41.1-A-10, Jan. :,, 10:12. 343.11 Acquisition of property, appropriations Every county society for the prevention of cruelty to children and animals may acquire, by purchase, gift, grant, or devise, and ]sold, use, or convey, real estate and personal property, and lease, mortgage, sell, or use the same in any manner conducive to its interest, to the same extent as natural persons. The county 22 M-S.A.-26 401 136 -0 %. 343.09 Acceptance if the humane society shall accept the provisions of sections + 3-13.0.1 to 3,13.08, it shall certify its acceptance of the same to the I ctlsegq. secretary of state and the state auditor. = Historical Note may carry a con- pout violating such _ Derivation: § 7033. Ccn.St."13, § 6562. lcn., 201-A-2, July .. St,1027, (;cii,81.1023, § 7033. Laws IOU,, c. 274, § 6. Library References -- Animals P30. C.J.S. Animals § 81 ct seq. Infants «131 17. C.J.S. Infants § 11 ct scq. on' shall hold its vember, in each 343.10 county societies the state which for the of cruelty to children and ie transaction of , ''; 1 County societies prevention may be formed in any county by not less than seven in- lhich meeting all animals and the members, at a meeting called for that pur- ion in the state corporators, not less than three of their number directors, ,1• pose, may elect their successors have qualified. { lvho shall continue in office until Note CC Historical Derivation: st.1027, § 7034. Itev.f.na'.s lgo.5, 4.1126. 65G0. (7ca.Ft.102:I, § 7034. I1en.Sl.1S114, § 3017. Laws 1SS% c. 124, § 3. 74,5 4. _ Ccn.14.1013, § 6503. .§81 et seq. § 11 etteq. :tion shall make a numbered year, to ,gs for the preyed- '• i § 65a1. 274, § 5. Is § 81 ct seq. § 11 et seq. Library References A lliumis <'a30. C.J.S. Animals § 81 ct seq. Infmits C=33, 17. C.J.S. Infants § 11 et seq. Notes of Decisions I. Construction and application within the county. It, as n mutter Of fact, n purported OD-1Cty.Oen., ]^-5b-35, Sept. 5, 1062. Lumnne society, organized under § :117.61 et scq., was formed for the Animal rescue lengue organized un - purpose of preventing cruelty to nnl- der this section was a purely public mals or children, n county board charity within Const, arL 0, 1 1 .ould properly npproprinte money for granting exemption from taxation. its use for work done exclusively Op.Atty.Omt., 41.1-A-10, Jan. :,, 10:12. 343.11 Acquisition of property, appropriations Every county society for the prevention of cruelty to children and animals may acquire, by purchase, gift, grant, or devise, and ]sold, use, or convey, real estate and personal property, and lease, mortgage, sell, or use the same in any manner conducive to its interest, to the same extent as natural persons. The county 22 M-S.A.-26 401 136 -0 § 343.11 PREVENTION OF CRUELTY board of any county, or the council of any city or village, In which such societies exist, may, in its discretion, appropriate for, the maintenance and support of such societies in the transaction of the work for which they are organized, any sums of money not otherwise appropriated, not exceeding $2,400 in any one year; provided, that no part of the appropriation shall be expended for the payment of the salary of any officer of the society. In every county of this state having an area of over 5,000 square miles and a population of more than 150,000, such sum of money that may be appropriated in any one year, shall not exceed $4,000. Amended by Laws 1955, c. 366, § 1. Historical Note Derivation: ' St.1927, § 7035. The limitation upon appropriations Gen.SL107.3, 9 7035. by counties having an area of over Gen.SL1013, 9 0504. 5,000 square miles and a population . Laws 1013, c. 31, 9 1. of more than 150,000 was added by Rev.Laws 1905, 9 3127. the 1055 amendment Gen.St.1894, 9 3020. Laws 1880, e. 224, 9 8. Cross References County or municipal appropriations, limitation, see 1471.48. Library References Animals Cm -39. C.J.S. Animals 181 et seq. Infants 0=13, 17. C.J.S. Infants § 11 et seq. Notes of Decisions I. In general mals or children, a county board If, as a matter of fact, a purported could properly appropriate money for humane society, organized under § its use for work done exclusively 317.01 et seq., was formed for the within the county. Op.Atty.Gea.,. purpose of preventing cruelty to aul• 1251-35, SepL 5, 1982 343.12 Duties of peace officers; fees Any member of a county society for the prevention of cruelty.. to children and animals may require, and it shall be the duty of, any sheriff or his deputy, any constable, police officer, or the agent of any such society, state or county, whose appointment has been approved by a judge of probate, to arrest any person found violating the law relative to cruelty to persons or animals and to take possession of any animals in their respective munici-. palities which have been cruelly treated, and deliver the same to. the proper officers of the society. For such services the officers or agents shall be allowed and paid such fees as are allowed for. 402 13� tE ,corporated under chapter incorporation or bylaws a Mich it will operate. At,' thin the designated n the metropolitan area as n 2,.a. designated 3 ghborhood.:,or a: .. ule charter or.statutory .a or combinations:.;; .•a :Sea shall to the extent 3 ievelopment boundaries; I -esidents of the designates 15 to 30 members, unless authoritythata'amaller At least 40 percent Of - hat do not exceed 80 --------------------- ,come and is not greater ------------------------ ,n family income, as Ind the remaining direetot .nanIcial.Community and -the ant of the directors shall Lty,-:and'to the'greatestli sidents of �theodesignated, fho must meat the -income e aldctod by the members.' rectors May elected.by acted by.the iew"iseewe shown in enrolled .act 1985 REGULAR SESSION ^i Ch. -..69 directors who must meet the -income limitations of,thi's::paragraph; ----------------------------------------------------- ande. j,•, r;ta'yq�j8' (a) Hires low income residents of the deslgnnt..... unity to fill non-managerial.and non-professional•positions:;5..�r -,.zJ_• Approved May 6, 1985 ' . .. -... .....' _ .....r.: �'�•'i•2a)4.'tl8:' COUNTY HUMANE SOCIETIES—INCREASED .:5,, _wBw •.. APPROPRIATIONS _CHAPTER 69 a; -H.F. No. 656 .. __.:._ r -AN ACI' relating''to'local government; allowing for arf increase. in the appropriation a -county, may make for .a.county?;o" . " humane 'society in --any year; authorizing the Otter county board to adopt an ordinance for, the control, of az cu dogs and cats; amending Minnesota -Statutes 1984,,-`` section 343.11.:...:.. BT IT,ENACTED-BY-THE. LEGISLATURE ,OF..THE STATE OF: MINNESOTA:.: Sec_ tion 1::'Minnesota:Statutes. 1984, section 30 amended to read:-:,;, - 343.11_:[ACQUISITION OF'. PROPERTY;- APPROPRIATIONS ] "Every county_ society; for'--_the-prevention of cruelty:to animal s.,may-acquire.,-:bypurchase.,,_gift,,, grant,_.or_:devise,'and.; ho.d; use;.or..conveY;�real:estate and personal -property; .and. - lease, mortgage,, sell:,_.or'use_the,.seme_in :any _mannerrcondu_civ,e-. to its interest, to the same extent as natural persons.: The - county board of any;county.,.or the council of :any _city,_in which such societies exist,.:may,, in.its,discretion, .appropriate,,for:,,i the maintenance and support of such societies' in the transaction Undeiseorinn and`MiWeeW'aia Ls'-ahown in anrollad `aeic. 13 Ch. 69 Toth LEGISLATURE of the work for which they are organized, any sums of, money.: Otherwise appropriated,.not-exceeding-54;860-in-any-ane-year to exceed -in any one year the sum of $4,800 or the sum of 50 cents per capita based upon, the county's or city's PoPuaauau of the most recent federal census whichever is greater;; provided, that no part of the appropriation shall be expende for the payment of. the salary of any officer of the society. Sec. 2. COTTER TAIL COUNTY; DOG AND CAT CONTROL.I .. The Otter Tail county board may adopt an ordinance to may contain provisions relating'to the following_ - (a) The county may declare -certain activities of a dol cat off the property of its owner or the person who has iti to be a n possession (b) The county may establish a procedure to'quarantih' control dogs or cats involved in bite cases including procedure for'the humane destruction of'a'dog or'cat which history of -biting more than,on— person'. An administrative hearing allowing due process to the owner or person in %'G osse'ssion of 'the: do of cat must 'occur before.the+destr'uc (c) The sheriff department of oublic.health,:or:thej; ^ail county humane society may impound a dog or cat that. • a nuisance•a.nd provide for its humane destruction if it is reclaimed after five days' notice to its owner.or the per. nas it in possession. - (d) The county may provide misdemeanor penalties for_ ' person who permits a'dog or tattocreate a nuisance.`` q undencerina and eMlheerea am as shown In enrolled ;act -, M -TI M . , `` ' z l I � ti TiP i 1985 REGULAR SESSION C.h. 70 ed, any sums of.. money not (e) The county may provide that the owner or person in . 647600 -in -any -one-year n_t possession of a dog or cat shall be responsible for all the 4 Boo or the sum of 50 costs of confinement, including costs for veterinary services ,s population,as znd rabies immunization, as a result of an impoundment that or pity's . chever greater; �er; occurs under the ordinance. ation shall be expended`:' Sec. 3. JEFFECTIVE DATE.] fficer of the society.. Section 1 of this act is effective the day after final AND CAT'CONTROL.] enactment. to section 2 of this act is effective the day after compliance dopt an ordinance the county. it with Minnesota S tatutes, . section. 645,021, subdivision 3, by the is within . governing body of Otter Tail county. n activities of a dO(L or: Approved May 6,1995 .he person who has it -in -ocedure toAuarantine and, NORTH MANKATO—LIQUOR LICENSE cases including a CHAPTER 70 - )f" a dog or -cat which H.F. No. 698 i. An administ-rative. A ACT N ,ner or person in - relating to• intoxicating liquor; authorizing the city,. of North Mankato.,to issue one short term, on-sale- ar before the destruction:- liquorlicense. ublic health, or •the Ott d a dog or cat that creates BE IT.ENACTED BYTHELEGISLATURE OF THE STATE OF MINNESOTA : destruction if it is not:_ ...... Section 1. [NORTH MANKATO SHORT-TERM LIQUOR LICENSE.] its owneri�or the personawho Notwithstanding any law to the Lntrary,:the city of North Mankato may issue, without fee, to a nonprofit organization or meanor penalties for a --.,oration, one on -sale license for the sale and serving of -eate a nuisance. intoxicating liquor in any building or property of the city of. shown in enrolled set Underscorina.and e4pikeewbs are as shown In enrallod act 187 13F F . f. . . . . . . . . . . Agenda Information Memo, October 7, 1986, City Council Meeting Page Thirty PUBLIC IMPROVEMENT CONTRACTS A. Public Improvement Contracts: Item 1. Contract 86-20, Receive Bids/Award Contract (Windtree 7th Addition) --On September 2, the Council received the bids submitted on August 29, for the installation of streets and utilities to service the proposed Windtree 7th Addition. Enclosed on page is a tabulation of the bids received, showing the comparison of the low bidder to the feasibility report and the engineer's estimate for this project. At that September 2 meeting, the Council continued consideration of award of contract, due to the fact that staff had not yet received an application for final plat approval for the Windtree 7th Addition necessary to dedicate the required easements and right-of-way for these proposed improvements. Subsequent to this continuance, the Public Works Director contacted the developer and informed them of the necessity to proceed with the final plat application to protect the bids received through awarding the contract within the time frame allowed by specifications. Although the developer had approximately 5 weeks notification to submit the final plat application, the staff received the application only just last week. Consequently, the staff has not had adequate time to process the final plat application for Council's consideration on October 7. Because the contractor is only obligated to guarantee his low • bid through October 10, the Public Works Director reviewed the situation with the low bidder, Lake Area Utilities. Subsequently, the low bidder has indicated a willingness to guarantee his unit prices an additional 30 days to allow the developer to process his final plat application before formal action on award or denial of the contract is taken by Council action. This extension of low bid guarantee will be documented in a written letter to be received by staff prior to the October 7 meeting. It will be subject to City revising the various completion dates due to a delay in contract award. ACTION TO BE CONSIDERED ON THIS ITEM: To continue consideration of contract award for Contract 86-20 (Windtree 7th Addition). /�o SZ..:=:: A,z ,-`X'._.-`.. � R:!a„ �.r1 �*-f- ',1 t };'�.Y, �y -,r.+ s. _ ,.= � r�. ;.. �ue� n•^x. r" � Our File No. 49397 NINDTREE 7th ADDITION UTILITY & STREET IMPROVEMENTS'. CITY CONTRACT NO. 86-20 CITY PROJECT NO. 477 EAGAN, MINNESOTA CONTRACTORS 1. Lake Area Utility 2. M & M Sewer & Water 3. S.J. Louis Construction 4. Northdale Construction 5. F.F. Jedlicki 6. Burschville Construction BID TIME: 10:30 A.M., C.D.S.T. BID DATE: Friday,rAuguat 29, 1986 TOTAL BASE BID $223.246.50' 224,414.00 236,998.10 237,984.00 238,177.50 241,301,.00 ENGINEER'S ESTIMATE----------- $242,000.00 Feasibility Report Est ......................... 249,200.00 % under Engineer's Est. .....................,... -7.7% % under Feasibility Report Est ................. -10.4% 7431d / ,/i U 0- Agenda Information Memo„ October 7, 1986, City Council Meeting Page Thirty -One CLARIFY CRITERIA FOR INTEREST RATE REDUCTION PROGRAM B. Clarify Criteria for Interest Rate Reduction Program— Administrative Assistant Hohenstein and the Director of Finance have reviewed the resolution amending guidelines and criteria for interest rate reduction programs. A resolution was approved, as amended on November 20, 1984, but for some reason the amended resolution was never prepared. The two items that were offered as an amendment by the City Council appear to be as follows 1) A blank was left in the following "b. Whether the property surrounding the proposed development is zoned for single family residential housing (R- );" it appears that the blank should include a "1", which refers to an R-1 zoning classification. 2.) This change is in the last page of the attachments which indicates the need to amend the guidelines to include a requirement of "'tax exempt multi -family housing status" prior to interest rate reduction consideration. It appears that this item is already covered to an extent in the fourth paragraph on the bottom of page 1 of the resolution which considers as a part of the findings of fact, whether or not the development is to be financed with tax exempt revenue bonds. A copy of the resolution which amends guidelines and criteria for interest rate reduction programs for multi -family housing developments is enclosed on pages Z43through 116 your review. ACTION TO BE CONSIDERED ON THIS ITEM: To as amended.on November 20, 1984. ratify the resolution " RESOLUTION NO. Amending guidelines and criteria for interest rate reduction programs for multifamily housing developments. WHEREAS, Minnesota Statutes, Section 462.445, Subdivisions 10 to 12 (the "Act") allow housing and redevelopment authorities to establish interest: rate reduction programs to assist the financing of multifamily housing developments; and WHEREAS, the City of Eagan (the "City") has established the Housing and Redevelopment Authority in and for the City of Eagan (the "Authority"); and WHEREAS, the City is interested in encouraging the construction of adequate numbers of rental units to serve the needs of the City; and WHEREAS, some multifamily housing developments may not be economically feasible without financial assistance from the City; and WHEREAS, the City has received a request from a developer for interest rate reduction assistance under the Act; and WHEREAS, the Authority has be resolution adopted regulations for an interest rate reduction program'; and WHEREAS., the Authority desires to modify and expand the guidelines for an interest rate reduction program for multif,amiy housing to more specifically identify criteria to be considered in determining whether to approve. interest rate reduction assistance for any specific multifamily housing development; NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AND ® REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EAGAN THAT: 1. A public hearing to consider an interest rate reduction method of financing shall be considered only after a preliminary plat approved for multi -family housing project is approved by the City Council. 2. In determining whether to approve interest rate reduction assistance for a specific -multifamily housing development, the Authority shall consider the following: a. Whether or not the development is to be financed with tax exempt revenue bonds; b. Whether the property surrounding the proposed development is zones for single family residential. housing (R-_); C. Whether unusual site conditions require excessive site preparation activities prior to construction; d. Whether the proposed rents for units in the /LI3 development, without interest rate reduction assistance are affordable by present or future residents of the City; e. Whether the proposed development is generally supported by the community; f. Any other information which the authority considers relevant. 3. Prior to receiving approval of interest rate reduction assistance, a developer shall demonstrate to the satisfaction of the Authority that either the proposed rents for units in the development will be lower than the rents for comparable units in the City indevelopments which do not receive interest rate reduction assistance or the cost of construction per unit is greater than that of units in a comparable development in the City. 4. Interest Rate Reduction Assistance shall be provided only when it has been demonstrated to the satisfaction of the Authority by the developer that financing for a specific multifamily housing development is not available, either from private lenders or through other governmental programs upon terms and conditions such that the projected rental revenue of the development is sufficient to cover debt service, operating and other expenses and provide a reasonable return on the developer's investment, using reasonable assumptions related to the development. 5. Based upon all information which the Authority may receive about a proposed multifamily development, the Authority shall in its sole discretion determine whether to provide interest rate reduction assistance, and the amount of such assistance to be provided, if any. Interest rate reduction assistance, which is provided, shall be provided in accordance with the provisions of this resolution and of the Act. 6. Any sale or change in partners for an interest rate reduction/tax increment financing issue for multi -family housing requires a new financial statement from the lending institution for a review by the City. • 7. Tax increments may be contributed to an interest rate reduction program for a multifamily housing development for a period not to exceed ten years from the first collection of the tax increment from the development. 8. A sale of the multifamily housing development which received interest rate reduction assistance will require review of whether interest rate reduction assistance can, or will be continued. The terms and conditions for continuation of the assistance upon a sale of the property may be established at the time the interest rate redution assistance is first provided. 9. At the time of sale of the multifamily housing development, or at the end of ten years after the receipt of the first tax increment, or upon the maturity of the bonds issued to finance the multifamily housing project at the option of the Authority the developer shall pay to the Authority repayment of the full amount of interest rate reduction assistance provided to he / �134 developer plus interest at a rate to be determined by the Authority. 10. After payment to the Authority of the amount provided for in paragraph 9 above, to the extent that the appreciated in value of the multifamily housing development is in excess of the amount described in paragraph 9, the developer shall be allowed to receive from the appreciation an amount equal to a specified rate of return on the developer's investment in the multifamily housing development. The rate of return to the developer shall be established prior to the first interest rate reduction payment to the developer. 11. To the extent that appreciation in value of the multifamily housing development exceeds the amounts specified in paragraphs 4 and 5 above, any excess appreciation shall be divided between the developer and the Authority based upon the amount of debt service paid on the financing for the project by the Authority, and the amount of debt service paid by the developer. 12. The amount of interest rate reduction assistance for a specific development shall not exceed fifty percent (508) of the tax increment generated by the development. Adopted this day of , 198 Secretary • Chairman Agenda Information Memo October 7, 1986, City Council meeting Page Thirty -Two SOLID WASTE ABATEMENT COMMISSION APPOINTMENTS C. Additional Appointments to 'Solid Waste Abatement Commission -- The City has received three (3) letters from interested individuals, requesting consideration for an appointment to the Solid Waste Abatement Commission. Their letters are attached on gages / through Mr. Duane Soutor would fill the hauler sland if Toni presently on the Solid Waste Abatement Commission, is classified as a representative of a local service organization, two vacancies would exist on the Commission for residents. The other two applicants, Mr. Yehle and Mr. Hoel, would qualify for these vacancies. ACTION TO BE. CONSIDERED ON THIS ITEM: To consider the appointment of Messrs. Soutor, Yehle and Hoel as members of the Solid Waste Abatement Commission. 4 4300 E. 665TH STREET • INVER GROVE HEIGHTS. MINN. 55075 • 612-455-8634 _rornL,;•,;ers August 22, 1986 Jon Hohenstein City of Eagan �. Eagan, MW 55123 SUBJECT: Eagan Solid Waste Abatement Commission Dear Sir: I would be interested in serving on i-.- ,;. this committee. I am a resident of Eagan: 650 Atlantic Hills Drive. am a co-owner of Action Disposal, a commercial and industrial waste Opoa Fo, Roll-Ofl hauling company. We have been in business for 18 years. You may contact me at my office 455-8634 or home 454-7342. II I VIII Thank you for your time. Sctlonary Packer Sincerely, Duane Soutor Rafase Container City Administrator 3830 Pilot Knob Road Eagan Mn. 55122 Dear City Administrator I would like to become a member of the Solid Waste Abatement Commission. Although I have no training in the area I understand the importance of recycling,the need to reduce usage of our resources, and for better utilization of use our landfill sites. I can be contacted at either my home 452-4746 or my office 921-6684, for any further information. -,77 , Thom J � Yehle 4722 ea con Hill Road. Eagan 5 �0ry.• L��.-ice a.Cr3-'-.-e. Ir•� `7(?.C_!�4(. a -a, a. -r C� �n.C�t:.c �L 1 c.+ �L'�, �Ca-`(•'-� `• LC.� (✓J�- f-�•'L"J-e�--�•.ai1rM.1-..a � •�r!`�%Li .1.4.1:-C_ISwA.. � / �( L, {J,..T�-I f•. V )Aa.-a.w_ r 7 (p_�d_l.-v`••. 1. V:.Ca.:•o-e �!C •1 f+�`c�l /�.� Ld_211LJ1 l C; _,�,,��,•.4:: .i c.•(Ts�tra•n ( 4 j P• L Lr.�•AC.t4ei C� C a.:.rt „ Lt_t..r\ a_� e�-c.�.-• t� c7c �l c...xe-e . ; t� r{_. -K� � /[� � L•l • ��Jtra,.a•c•`_ Lai Y;/�• 5 �: C.Y. i.l.�Jl.r�d c - I, r � CrAL ,:l'-.:.d,%:�•. •r `�•I: 1. .[�rv(-L. ��-cr--�.. _I'�� �_i� � 'Y� ��ZD�L.r` c*O•c; -7 ;.-I- /'Zc r.�.e . c�a�• y u-ct��o- t 1p �J (-l_••C-• •4L' ,Y• ( � /�[�a, /L.@,Qy1�.Cya. c.. \ _r(.: er C:. •� y�Yl•4•^Lt�j-4l C:r l -j /'�.O-[. � (�., �%(,•' bG. 1.1.,�. �J a�.d�i'r .a.a., c.�,V'J44�?•l-l_ ' r pp n, ( /S? �cz aN. Pkn. 5rgra3 Agenda Information Memo, October 7, 1986, City Council Meeting Page Thirty -Three GRADING PERMIT APPLICATION #EX1-216 (NORTHWEST AIRLINES) D. Grading Permit Application #EX1-216 (Northwest Airlines) -- Northwest Airlines is proposing to expand their development in the Lone Oak Addition in the extreme northeast corner of the City of Eagan. Representatives of Northwest Airlines Incorporated will be at the meeting to present and discuss with the Council their proposed expansion plans. Because of the close approaching end to the current construction season, if their proposed concept plans for expansion are received favorably, they would like to proceed with an application for a grading permit to allow the earth moving operations to begin and proceed during their formal replatting application process. • All application materials necessary for this grading permit issuance have been reviewed by staff and found to be in conformance with City standards and codes. Notice has been sent to all adjacent affected property owners informing them of possible Council consideration of this grading permit on October 7. It is antici- pated that several property owners will be represented to review this proposed grading plan with the Council at this meeting. Recently, the Council discussed a revision to the grading permit application process, indicating that grading permit applications that have not had an opportunity to be reviewed during the develop- ment application processing through the Planning Commission and Council, should be processed separately through the Planning Commission and Council for the public hearing and related input. However, a date of implementation of this new policy was not formally addressed. It is staffs recommendation that the implementation of this new policy be initiated January 1, 1987, to preclude any problems associated with those developments that were not made aware of this policy change prior to their expeditious scheduling at the end of this construction season. However, if the Council determines that the new policy was to be effective immediately, it would be necessary to approve a variance to this procedure in the issuance of the grading permit. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/continue/deny grading permit #EX1-216 (Northwest Airlines) and if appropriate, approve a variance to the permit issuance process. BOO MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 3, 1986 SUBJECT: INFORMATIVE PARKS & RECREATION DEPARTMENT/HISTORY OF GRANTS At the request of the City Administrator, a history of parkland grants was prepared and is enclosed on page for your reference. The grand total of grants received by the City of Eagan is approx- imately $1,120,000. FIRE DEPARTMENT REPORTS Enclosed on pages)64through/_I�g is a copy of the Fire Department monthly reports for May through'July. • CLEAN-UP AND RECYCLING DAY Enclosed on page 157 is a copy of a flyer that was distributed throughout the conutunity promoting Clean -Up and Recycling Day scheduled for Saturday, October 11. PROTECTIVE INSPECTIONS REPORT Enclosed on pages/5�through1LJ, is a copy of the Protective Inspections Report for August. JOHN Wilkins Letter Enclosed on page is a copy of a letter from John Wilkins to Carl Tollefson that Mr. Wilkins has asked the City Council to receive for review. LAND USE COMPATIBILITY CRITERIA IN STRATEGIES FOR THE PART 150 STUDY At the Joint Airport Noise/City Council meeting, Administrative Assistant Hohenstein presented information relative to the Part 150 Study., There was a great deal of discussion regarding land use compatibility criteria relating to the air traffic corridors and more importantly, the present and proposed operations that are and will be approved for departures from the international airport. Administrative Assistant Hohenstein has collected data and provided a report in letter form to the Metropolitan Airports Commission which addresses the City of Eagan's response to the land use compatibility criteria and strategies, for the Part 150 study. For a copy of this report, refer to pages through /51 MLC UPDATE Enclosed without page number is a copy of an MLC Update. PUBLIC FINANCIAL SYSTEMS Enclosed without page number is a copy of a newsletter as prepared by Public Financial Systems. /s/ Thomas L. Hedges City Administrator l5Y i CITY OF EAGAN PARKS AND RECREATION HISTORY OF GRANTS YEAR OF GRANT NAME OF PROJECT TYPE FUNDING SECURE * AMOUNT TENATIVE YEAR COMPLETED 1986 Thomas Lake Development LAWCON/LLMR $330,000 (Tentative) 1984 Trapp Farm Park Development LAHCON/LCHR $165,000. 1986 1983 Fish Lake Park Development LCHR f 38,000. 1986 1982 Rahn Park Development LAUCON/LCMR $ 79,750. 1986 1981 Rahn Park Acquisition LCMR f 96,750. 1982 1980-81 Rahn — Thomas Trail — Phase 1 6 2 Development Development n[ LCMR LCMR $ 61,250. 1982 1979 Rahn Tennis Courts Development LCMR f 22,500. 1979 1979 Coachman Park Acquisition LAWCON/LCNR $ 99,750. 1979 1978 Northviev Park Acquisition/Dev.LAWCON/LGMR $100,000. 1979 1977 Patrick Eagan Park Acquisition LAWCON/LGMR $140,500. 1977 1977 Pilot Knob Trails Development P Minnesota Dept. of Transportation $ 15,000. 1978 1973-74 Blackhavk Park Acquisition H.U.O. • AMOUNT REPRESENTING GRANT AID, AND NOT PROJECT COSTS sc RECORDS ARE NOT CLEAR, BUT APPARENTLY THE DEPARTMENT ALSO RECEIVED FUNDS FROM H.U.D., TO HELP ACQUIRE BLACKHANK PARK. FURTHER RESEARCH BY THE CITY CLERK WILL BE NECESSARY TO VERIFY THE YEAR AND THE AMOUNT. _r l � 3l 7. EAGAN VOLUNTEER FIRE DEPARTMENT MONTHLY REPORT FOR MONTH OF Mav 1986 UUMIDOR -14 Fire/Rescue 945 Training 393 Truck & Equignent Maintenance 140 Station Maintenance 151 Fire Prevention 30 Administrative 372 TOTAL 2,031 STATION $1. Chiefs 1 Available Days 9 Available Nights 11 Available Rotating 2 On Leave 2 Rookies 0 TOTAL 25 FIRM/RESCUE TYPE NURSER Structure 5 Grass 2 vehicle 8 False- 14 Medical 10 Other 7 ,SAL 46 LARGE DOLLAR LOSSES DATE NAME LOCATION 5/26/86 1136 Westbury Cir. 5/6/86 Delores & Eric / r STATION #2 1 4 15 1 1 0 22 $ LASS 5,000 2,000 $7,000 OCCUPANCY House Truck STATION #3 • 1 6 9 2 0 0 18 $ LASS $5,000 '41,500 s �• �... is o � � • e •� FOR • OF TYPE MAN HOURS Fire/Rescue 780 Training 393 Truck 6 Equipment Maintenance 154 Station Maintenance 130 Fire Prevention 0 Administrative 366 R•G"WU ® MANPOWER Chiefs Available Days Available.Nights Availahle.Rotating On Leave Rookies TOTAL FIWRESCUE TYPE Structure Grass Vehicle False Medical Other TOTAL lig`; etaly—pe p".aF•�, 1,823 STATION #1 1 9 11 2 2 0 25 7 3 9 15 10 8 52 DATE NAME LOCATION 06/02/86 City View 35 06/06/86 Kingswood Road 06/09/86 South Lexington 06/18/86 Amaryllis Lane 06/21/86 Blue Berry Lane �5J STATION 92 1 4 15 T 0 22 $ LOSS $41,600 3,200 $44,800 OCCUPANCY Townhouse Tractor Truck Car in garage Cave in STATION #3 1 6 9 2 0 0 18 $25,000 1,500 1,000 1,500 15,000 EAGAN VOLUNTEER FIRE DEPARTMENT MONTHLY REPORT FOR MONTH OF July, 1986 WORK PERFORMED TYPE MAN HOURS Fire/Rescue 496 Training 409 Truck & Equipment Maintenance 149 Station Maintenance 150 Fire Prevention 45 Administrative 223 TOTAL MANPOWER .Available Nights Available Days Available Days and Nights Available Rotating On Leave Rookies TOTAL FIRE/RESCUE TYPE Structure Grass Vehicle False Medical Other TOTAL LARGE DOLLAR LOSSES DATE NAME none 1,472 STATION #1 9 6 3 0 0 STATION #2 12 5 4 21 23 NUMBER $ LOSS 7 500 1 17 9 3 39 $ 500 LOCATION OCCUPANCY /jr/c ; STATION # 9 3 2 0 V 17 $ LOSS CITY OF EAGAN CLEAN UP AND RECYCLING DAY Saturday, October 11, 1986 9:00 AM to 2:00 PM New City Hall Parking Lot Enter from Pilot Knob Road The City of Eagam, In cooperation with Beerman Services and' Goodwill Industries; is sponsoring Clean Up and Recycling Day to prov-ide an outlet for variety of recyclable and reuseable householditems which accumulate around the home. If you have any of the items listed below, bring them to the New City Hall for disposal on Clean Up and Recycling.Day. SEPARATED RECYCLABLES ACCEPTED AT NO CHARGE Cans and Hstais Nsssp�sr Clan Sorted by Calor Unwed Cardboard clson Rags Office ® Paper and Nall Clothing Toys Usable Furalturs small Appplieacew Dishes Housewares oorking Ws Tree Liebe and Trucks — 1'— 60 Is dleseter Leaves Grass Clippings Garda Oastea ITEMS ACCEPTED AT A CHARGEApTO OtlINER 1 ordTPrIa mild Tro TBoates Over 61 dlassIsr'(11y leadd siu; i oa rai w. 9 J No Ordinary Trash, Garbage, Twigs or Drain Oil Please No Trucks Over One Ton For More Information, Call Jon Hohenstein /,'5'7 PROTECTIVE NUMBER OF PERMITS ISSUED MONTHLY REPORT - AUGUST 1986 THIS MONTH YEAR-TO-DATE Building 154 1,130 Electrical 171 1,208 Plumbing 151 900 HVAC 168 1,044 Water Softener 15 186 Signs 14 70 Well, Cesspool, Septic Tank 0 1 NATURE OF BUILDING PERMITS ISSUED Irk P�S 1 TYPE NO. VALUATION PERMIT FEE PLAN REV FEE TOTAL FEES 6 FOUNDATION 0 $ 663 SINGLE FAMILY 91 7,441,000 $ 34,223.50 $ 17,106.25 $ 199,263.7` 28 DUPLEX 2 154,000 728.00 364.00 4,338.0( 157 TOWNHOUSE 12 2,532,000 8,267.00 4,183.50 85, 5( 9 CONDO 1 778,000 2,128.00 1,064.00 25,389.0( 1 APT BLDGS 0 0 AGRICULTURAL - 0 17 COMMERCIAL 2 14,005,000 35,233.50 17,591.50 132,016.5( 46 COMM/IND REMODEL 8 204,544 1,235.00 555.25 1,895.7` 4 COMM/IND ADDITION 1 222,000 738.00 369.00 1,218.00 0 INDUSTRIAL 0 0 10 INSTITUTIONAL PUBLIC FACILITIES 0 7 1,583,000 50.50 ----- 6,047.0( 23 RES. GARAGES 3 23,000 199.50 ---- 211.0( 19 RES. ADDITIONS 4 67,000 478.00 :_210:75 722.2' 18 SWIM POOL 4 52,900 400.00 82.25 508.7` 127 MISCELLANEOUS 18 67,168 769.50 ---- 809.0( 0 DEMOLISH 0 2 HOUSE MOVES 1 ---- 15.00 -=--- 15.0( 1,130 TOTALS 154 27,129,612 84,465.50 41,526.5C 457,637.5C YEAR-TO-DATE 117,886,080 452,512.00 218,644.95 2,894,169.4' P�S 1 PROTECTIVE INSPECTIONS — MONTHLY REPORT DATE AUGUST 1986 MOLTT—FAMILY BREAKDOWN TYPE ■ OF PERMITS 0 OF BUILDINGS i OF UNITS VALUATION PERMIT FEES SURCHARGE PLAN REVIEW FEES TOTAL FEES DUPLEX 2 1 2 $ 154,000 $ 728.00. 77.00 $ 364.00 $ 4.,338.00 4—PLEX L 1, B 30, SECT 17 6—PLEX 2 2 12 634,000 1,951.00 317.00 975.50 21,495.50 7—PLEX 7 1 7 308,000 1,792.00 154.00 896.00 13,489.00 8—PLEX 2 2 16 974,000 2,801.00 487.00 1,450.50 29,074.50 12 UNIT 1 1 12 616,000 1,723.00 308.00 861.50 21,144.50 16 KNIT 1 1 16 778,000 2,128.00 389.00 1,064.00 25,389.0tv TEALS15 8 65 3,464,000f — 11,123.00 1,732.00 5,611.50 114,930.5 COMMERCIAL/INDUSTRIAL & INSTITUTIONAL BREAKDOWN PERMIT / ADDRESS ✓4 LEGAL OWNER VALUATION FEE SURCHARGE FEES TOTAL. FEES OCCUP. 12505 3584 KENNEBEC DR L. WENZEL $ 5,000 $ 50.50 2.50 -- 53.00 P.F. IMP. L 1, B 30, SECT 17 3501 COACHMAN RD 12487 L 1, B 28, SECT 16 CITY OF EAGAN 1,200,000 N/A 580.00 N/A 3,905.00 P.F. NEW 12449 4391 LEXINGTON AVE I. 015, B 30, SECT 26 CITY OF EAGAN 82,000 N/A 41.00 N/A 516.00 P.F. NEt 12450 841 WILDERNESS RD CITY OF EAGAN 83,000 N/A 41.50 N/A 41.50 P.F. NEW L 023., B 75, SECT 26 841 WILDERNESS RD 12451 L 023, B 75, SECT 26 CITY OF EAGAN 76,000 N/A 38.00 N/A 513.00 P.F. NEW 12452 4440 NICOLS RD L 012 B 76 SECT 30 CITY OF EAGAN 54,000 N/A 27.00 N/A 502.00 P.F. NEW 12453 980 NORTIIVIEW PARK RD OF EAGAN 83,000 N/A 41.50 N/A 516.50 P.F. NEW L 012 B 52 SECT 23 CITY 12410 3199 PILOT KNOB RD SPERRY CO 14,000,000 35,183. 1,950.00 17,391.50 131,963.50 COMM NEW L 1 B 1, SPERRY PARK 12392 1075 LONE OAK RD i. 3, n 1, REI,I. LEXINGTON - NW BELL TELE 5,000 �1 50.50 2.50 ------- - - 53.00 COMM NEW r(1MMRRrTAT./TNM7RTRTAT. L TNRTTTTTTTONAL BREAKDOWN BLDG PERMIT STATE PLAN REV PERMIT # ADDRESS & LEGAL OWNER VALUATION FEE SURCHARGE FEES TOTAL FEES OCCUP. 12533 3045 SIBLEY MEM HWY LULL ENGR $ 222,000 738.00 111.00 369.00 1,218.0c COMM ADD L 1 B 26 SECT 9 12499 1284 TOWN CTR DR FED. LAND CO 1,344 23.50 1.00 24.5 COMM IMP L 2 B 1 T.C. 70 2ND _ 1275 CORP CTR DR 12489 OPUS CORP 75,000 358.00 37.50 179.00 574.5 COMM IMP L 141 B'03 EAG CTR PK 1 12469 2121 CLIFF DR FED. LAND CO 7,500 68.50 4.00 - 74.5 COMM IMP L 1 B 1 CED CLIFF COMM K TOWN CTR DR 12463 L 2, B 1, T.C. 70 2ND ADD FED. LAND CO 18,500 134.50 9.50 67.25 211.2 COMM IMP 12503 1380 CORP CTR CURVE L 2, B 2, EAG OFC PK 2ND NW MUT'L LIFE 43,200 256.00 22.00 128.00 406.0 COMM IMP 12427 4178 KNOB DR L 2, B 2, KNOB HILL PROF RUD, DR JEFF 18,000 128.50 9.00 64.25 201.7 COMM IMP 12534 1312 TOWN CENTRE DR FED. LAND CO 39,000 233.50 19.50 116.75 369.7 COMM IMP L 2 B 1 T.C. 70 2ND 12429 3938 BEAU D'RUE DR D.C.R. CO 2,000 32.50 1.00 33.5 COMM IMP L 2, B 10, SECT 19 v v sy, urlE.tt k tY f PROTECTIVE INSPECTIONS - MONTHLY INFORMATION DATE: AUGUST 1995 MULTI -FAMILY BREAKDOWN: o SUR- PLAN [HECK NUMBER NUMBER OF NUMBER OF UNITS VALUATIONS PERMIT FEES CHARGE FEES TOTAL FEES TYPE OF PERMITS BUILDINGS FEE CHARGE FEES TOTAL FEES OCCUPAN' 4 -UNIT g L 8 450,000 2,414.00 225.00 1,207.00 15,548.0( TOWNHOUSE 965 DIFFLEY RD 20,000 3 140.50 3 10.00 f 70.25 S 220.7 INST 6 -UNIT 0 I.S.D #196 3 TOWNHOUSE 1101 TOWN CENTRE DR EAGAN C.W. 140.00 441.50 9,577.50 INST 8 -UNIT 34 6 48 2,085,000 6,310.50 1,042.50 3,155.25 67,148.2: TOWNHOUSE I325 EACANOALE CT ALSCOR 1NVEST ' 540.00 1,466.50 20,071.50 COMM APT. OR B 1 EAG CTR IND PK 7 JOINT VENTURE 1,110,000 2,933.00 CONDO 0 SCHUNGEN'S 500,000 1,437.00 250.00 716.50 9,186.50 COMM "NOME L 1, B 1, OAK CLIFF 3 AMOCO 26 f 1,546,000 $ 8,072.00 f 773.00 f 4,036.00 $ 51,791.01 TWIN 26 13 38,000 229.00 19.00 114.50alll�. v01 N L 19, B B, CEO CRY #2 24 82 $ 4,081,000 3 16,796.50 3 2.040.50 f 8,398.25 $ 134,787.2 TOTALS 68 U.S. SWIM B 256.00 22.00 128.00 CONMERCLV., INDUSTRIAL ANU Inalil ui avnxL o n n O PERMIT SUR- PLAN CHECK I BUILDING FEE CHARGE FEES TOTAL FEES OCCUPAN' PERMIT I ADDRESS 6 LEGAL OWNER VALUATIONS m m o0acmao 965 DIFFLEY RD 20,000 3 140.50 3 10.00 f 70.25 S 220.7 INST lU8 ]6 L 1, B 53, SECT 23 I.S.D #196 3 O 1101 TOWN CENTRE DR EAGAN C.W. 140.00 441.50 9,577.50 INST 10074 B 2 TOWN CENTRE 100 RT ER P 280,000 883.00 N _ J I325 EACANOALE CT ALSCOR 1NVEST ' 540.00 1,466.50 20,071.50 COMM 10810 B 1 EAG CTR IND PK 7 JOINT VENTURE 1,110,000 2,933.00 4600 SLATER -RD SCHUNGEN'S 500,000 1,437.00 250.00 716.50 9,186.50 COMM 10818 L 1, B 1, OAK CLIFF 3 AMOCO I1 10828 4206 NICOLS RD 38,000 229.00 19.00 114.50alll�. v01 N L 19, B B, CEO CRY #2 Q PETROLEUM 6 N 1/01 O O 3970 SIB MEH NWY U.S. SWIM B 256.00 22.00 128.00 10846 E T 19 FITNESS 44,000 ,6 3200 PILOT KNOB RD SNIFFLES INC 1,385 23.50 1.00 - P n 10799 L 2 B 50 SECT 10 N C N 2600 EAGAN WOODS DR EAGAN LAND 1,210.00 3,904.001813 0 n 0 N 10712 L l B 1, EAGAN WOODS OFC LTD PARTNERSH J 050 000 7,808.00 0 0 o O TRAILWAY OR WALNUT 54,000 295.00 2].00 147.50I P 10765 L 7, B 1, BLACKHAWK TH AP 0 V 0 3500 COMB ERV DR R.L. JOHNSON 2,000,000 5,183.00 900.D0 2,591.50 49,fi32.50 COMM 10787 L 1, B 1, R.L.JOHNSON #2 d Z m � .0 49.632.50 COMM 10788 1750 YANKEE DOODLE ND K.L. VN ,wa, w ......... •��•�� . •-- L 1, B 1, R.L. JOHNSON #2 INVESTMENT CO Imo J� n n O +1 Q N N O o m m o0acmao w W n O N N O LO'1 W 1J N N _ J v P n O rc I1 1 N O v01 N On 6 N 1/01 O O i ,6 rn Z; N � P n i N C N 6 0 n 0 N o n h n n N o O 0 0 0 o O m P J 6 P 0 V 0 7 � d Z m � o M N 0 o N c G o ^ G m WM ` F y J N W S m Wj V V 0 � M V 6 6 V ¢ 6 IA m H F C O ¢ O a O N N ^ L 6 L O '.. V C• G O 7 L .0 O W Ypp n ti U 9 G m N L L H W It o - M r -I LL E V 06 C mEL V E m N L V E E 4'O�✓m.4 U Y^ C .1 f N t n n O +1 0 F• o m m w W n O N N O LO'1 _ J v n O rc w N O v01 N On N 1/01 O O ,6 i 6 0 n 0 N o n h n n N o O 0 0 0 o O m P J 6 P 0 V 0 d Z m � o 0 0 o N o O ^ WM F y J N W S •.1 K V V 6 � M V 6 6 V ¢ 6 IA nl Z VI •0 � F C H O N ^ 0 N ---z V BUILDING PERMIT SUR- PLAN REV PERMIT b ADDRESS 8 LECAL ONNER VALUATION FEE CRARCE FEES TOTAL FEES TYPE 1(9 1580 CENTURY POINT KRECATSKY BROS L 1 B 2, CENTURY ADD INVESTMENT CO $410.000 $1,208.00 $205.00 $604.00 $7,454.00 COM 10867 915 YANKEE DOODLE RD NORTHWEST MIOLE- -2, L 33, B 4, RAG CTR IND SALE LUMBER 50.000 283.00 25.00 141.50 449.50 COMM PARK #4 . . .... .... • 7. Don Jensen 717 Ethel Wausau„ Wisc.54401 (715) 845-4835 (612) 452-6186 John P. Wilkins 11976 Riverwood Drive Burnsville, MN 55337 (612) 452-6186 September 16, 1986 Carl Tollefson Tollefson Builders 12617 Fairgreen Ave. Apple Valley, Mn: 55124 Dear Mr. Tollefson: I appreciate you sending Joanne to discuss my letter of August 25, 1986. She has shown concern for our problems. The only concern of ours that has been addressed; so far, is the water leakage. A gutter system has been installed on the back roof lines of our home. While we appreciate the action taken, the gutter system has not corrected the problem. After several day's of rain, we still have severe water leakage. The three season proch is seeping water on all four walls. The adjoining family room is also still absorbing water in the drywall by both doors, as well as in the walkout level family room. It seems obvious that the problem is moreserious and complex and requires an architectural correction. Although we have met with your sister, Joanne, regarding our concerns, we have not been given any firm date by which these problems • will be corrected. Most importantly, no one has addressed the drainage, problems in our back yard and east side yard that are presently killing our trees. With winter approaching, we feel time is of the essence in correcting and repairing the problems we have discussed. I would appreciate a prompt reply and a timetable for completion of repairs. For a list of these repairs, please refer to my letter of August 25, 1986., If we have not received a reply by September 24, 1986. all further communication with Tollefson Builders will be handled by my attorneys. Sincerely, John Wilkins cc: Kampmeyer & O'Connor Mrs. Bea Bloomquist /2 Eagan, City Council city' of alag n 3830 PILOT KNOB ROAD. P.O. BOX 21199 BEA BLOMOUIST EAGAN, MINNESOTA 55121 Mayor PHONE: (612) 454-8100 THOMAS EGAN JAMES A, SMITH VIC ELLISON September 17, 1986 THCODORE�BrnoeWACHSER ouncilTHOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk MR MARK RYAN METROPOLITAN AIRPORTS COMMISSION 6040 28TH AVENUE SOUTH MINNEAPOLIS MN 55450 Re: Land use Compatibility Criteria and Strategies for the Part 150 Study Dear Mark: This letter shall serve as an initial response on the part of the City of Eagan to the above-mentioned working paper. I have asked City Planner Runkle to review the document as well and his comments will be forwarded to you as well. Let me begin by saying that the intent of the Part 150 and its general direction has been positive. However, as we enter the review phase, there are many issues which remain unresolved in the view of the City. I have categorized these concerns in the areas of assumptions, strategy and implementation. I. ASSUMPTIONS A. The validity of the Ldn contours prepared by the Airport's consultant is dubious as the apparent flight track assumptions are not consistent with current operations. It would appear from the shape and size of the Ldn 70 contour that HNTB has. assumed a concentration of aircraft along a 105 degree heading departing Runway 11R and at runway heading from Runway 11L. While this is a procedure which would be preferred by both communities, I doubt whether it is followed operationally with any consistency. I realize that this is an oversimplification of an expensive and complicated noise model but the shape of the contour speaks for itself. The result of these assumptions is that the Ldn 70 contour remains outside of most of the residential neighborhoods of Eagan including the McKee Addition which lies between the extended runway center lines at the three mile turn point. The City does not want to encourage noise impacts in its residential areas but it does insist that the contours reflect the ground side situation adequately so as to provide the potential for corrective actions where they are needed. THE LONE OAK TREE.. THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Aside from the convenience with which the contour bypasses the residential neighborhoods adjacent to the corridor, a comparison of the 1977 base case Ldn contours from the Operations Plan prepared by HNTB in 1981 indicates that the contours currently being generated under operational conditions of higher frequency and duration are much narrower then the contours generated in 1981. Enclosed for your consideration are'two Ldn 65 contour maps from the 1981 plan which reflect a much, broader impact area despite a narrower operational area. The south edge of the current Ldn 65 contour is virtually identical to that of the 1977 base line despite standard operations on Runway 11R which are 5 - 10 degrees south of the 1977 assumptions. These comments clearly illustrate the need for a reference to the operational component within the land use component which recognizes the validity of the left turn flight track modification from 11L and R as a noise abatement procedure. Only through such a clarified procedure can land use assumptions in the study be valid. B. Elevation differentials should be included in contour preparation. Eagan's elevations in the noise affected area average in excess of 50 feet above the airport elevation. Such differentials may account for 10-158 of an aircraft's al.titude above airport elev,ation. Obviously the sound envelope will be broader if the actual altitude above grade is considered. C. The composite land use compatibility map shows many parcels in Eagan as vacant (V) which have been developed since the last comprehensive land use guide plan revision in 1980. The current update is underway andwill reflect the development of many of these parcels. It is essential that HNTB do follow up work with City staff to indicate the current development picture and overcome the impression that 40 certain areas immediately south of the Ldn 65 contour remain undeveloped. All development within the Ldn 65 contour since 1980 has been compatible with the Met Council's respective noise zone. However, the need for an accurate overall impression of the area and the potential for adding the Ldn 60 as a planning contour raises the importance of showing currently developed parcels whereever they exist. D. The current attempt to meld the Metropolitan Council Leq policy contour and the federal Ldn contours as a working basis for the Part 150 is likely to prove unworkable. Despite the fact that the contours are roughly congruent at the current time, the potential for them to be incongruent in the future reduces the viability of this effort. Each contour depends not only on a different metric but on unique political processes and time frames for their revision and updating. Cities could find themselves in the untenable situation of being complient with one and not the other or, through operational changes, allowing development which becomes incompatible with the policy contour while remaining ineligible for the corrective alternatives available to residences within the Ldn 70. Moreover, it is possible that the congruence of the contours is entirely coincidental if one recognizes that the Metropolitan Council contours were based on a 105 degree magnetic heading the runway and that thePlanning magnetic vectoring from aHNTB assumptions provide fo from runway Point one r a 105 Y end as is depicted in the enclosed down range from the flight track map. II. STRATEGY A. The strategy focuses in a large part on preventive elements Of land use which the Metropolitan Council already Within its policy contours. The City of Ea With those guidelines. Y requires only limited Corrective elements re a compliant residential areas. are restricted to an recognizes the significant andWhile the Cit south Minneapolis and Richfield aree Profound impact that areasy Of ofCity's position that the are experiencing, it is southeast of the concentration of traffic the contours airport and the dubious nature of the as presented imply that there actuallythe neighborhoods to the southeast of the airport that such corrective exist attention as well. require cognizes that B. The City y, but it is ess nt Operations are being addressed separately, City of Eagan that certain too the land use g for integral to the land use Operational plannin flight track Portion of assumptions be modifications the Part 150 plan. The southeast of the upon which the land use Southeast oairport is Predicated planning intolerable substantially altered without creating a si may not be neighborhoods- situation for residents gnificant and instituted The flight track °f certain Eagan the itutetrationcofotraffic s modifications were to those neighborhoods due to Of the preferential runwaylocated in the area system. as a result Eagan has engaged in substantial preventive land use afford noise compatibility but additional designations or zonings to overzonin g of that kind would land use interests of to such uses which would result in an of the community. For the not be in the best the Part 150 study to be acceptable to the use component of is essential that suitable the Cit maintain the noise methods be Y of Eagan, it Metropolitan abatement flight tracksuponto Council contours are established.pOn which the The City of Eagan has prevented the development residential subdivisions in the vicinity Leq 65 contour. of new traditional Moreover, the Cit Y °f or within the as industrial residential neighborhoods within has designated any land uses in the Comprehensive 70 contour These designations will, in the Guide Plan. residence free corridor for a distance term, to the runwayProvide a end. However, variations in the definitionmiles of the corridor or modifications of flight tracks the Metropolitan Council assumptions Planned residential outside of areas totally make many of the y incompatible. To date the City has planned responsibly situation has reduced the effe tveness ib the air traffic X66 off that planning. There is no mechanism to guarantee the expected procedures and one is necessary if we are to make assumptions about the contours as they are presented. III. IMPLBMBNTATION A. The disclosure element of the guidelines has been discussed at some length. The -language per'ta'ining to it has been removed from the model ordinance for a variety of reasons. Numerous questions have been raised concerning the liability inherent -in adopting such language but the essential point of the model ordinance procedure was to answer such questions and make the guidelines more useable for all communities. The ordinance itself is a positive step forward but to pass it in part without addressing all elements of the guidelines is dangerous. Before the ordinance is to be integrated into the Part 150 plan, the City would prefer that all guideline related issues be satisfactorily addressed and that the ordinance or support 40 documents reflect such resolution or the guidelines be modified to conform to the liability realities as they exist. B. The preventive elements within the Part 150 study seem to favor the Metropolitan Airports Commission only.. 1. Navigational easements are to be dedicated in new developments within the Ldn 65 contour, but will not be purchased from incumbant home owners outside the Ldn 70 contour. This establishes a standard for new development but does not address the corrective issue of negotiating and purchasing such easements in an equitable fashion with current residents. 2. The proposed disclosure ordinance presumes to waive a ® homeowner's rights to damages within a particular noise zone, but no corrective or compensatory alternative is provided for homeowners when noise zones shift, lengthen or change to include otherwise compatible developments. 3. The proposed development rights transfer requires alterations in community planning to accomodate airport generated density shifts without accomodation or compensation for the necessary systems impact inherent in such a density change. Higher densities require oversized transportation and utility systems which may not be feasible in certain developed or substantially developed areas. 4. The consultant has suggested that a mechanism must be developed to give the Metropolitan Airports Commission notice of land use changes in neighboring communities but the communities enjoy no such notice from the MAC or the FAA for operational changes. Flight tracks and operational configurations can be altered with little if any public process and without an environmental assessment worksheet or an environmental impact 7 statement. Moreover, there are certain notice procedures in place. The City of Eagan must give notice to the Metropolitan Council whenever it proposes to develop buildings in excess of certain elevation restrictions. Again, this is an area in which accountability and mutual input is essential but to date the plan has made provision only for the airport. 5. Generally, certain cities such as Eagan and Mendota Heights have made significant contributions in the way of noise compatible planning, zoning and development. Residents have been informed of noise zones and expectations and their expectations have been exceeded by operations outside compatible areas. The operations element of the Part 150 study continues to focus traffic in the general direction in which it was planned to occur, to,the southeast of the airport, but it has yet to offer any substantive means of insuring that that concentration will have an impact on the fewest people. r� IV. SUMMARY The effort of all parties in preparing the Part 150 land use component has been significant. The City recognizes this effort and applauds it, but it falls short of endorsing the process because of the deficiencies cited above. The City of Eagan would be remiss in its duty to its citizens if it endorsed a contour map which relates to an opertional scenario different from that assumed in the Metropolitan Council's Aviation Chapter of the Metropolitan Council Development Guide/Policy Plan. The current contours provide little if any promise for corrective relief to noise impacted areas in Eagan and Mendota Heights which currently receive in excess of 50% of all operations at this airport. This leaves the City with only additional expectations in terms of preventive land use, a policy which has been followed by the City for 'years and which, in the absence of a firm corridor compliance methodology, has been ineffective. We hope to join the airport, the consultant and the other communities engaged in the process of technical review in addressing these and their respective issues in the study. These comments are intended to be developmental and constructive. Obviously the City of Eagan has a vested interest in the success of the Part 150 study, however, we cannot in good faith give support to a document which has yet to address the needs of all of the neighbors of the airport. I look forward to your response to this letter. Sincerely yours, Yon Hohenstein Administrative Assistant Enclosures 10 JDH/jeh