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
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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
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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
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for: R M. Q Devel'opment, corp. a
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THIRD ADDITION
Preliminary Grading. Drainage 61 Erosion Control Plan
of: SUN POINT
for: R.M.C. Development, Corp. a
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THIRD ADDITION
Preliminary Grading. Drainage 61 Erosion Control Plan
of: SUN POINT
for: R.M.C. Development, Corp. a
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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
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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
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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.
•
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' I •••''- _ _ __ , ,, I 2ND ADDITION
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.,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.
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------------- 77
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Council Minutes 3
`2 February 7, 1984 , '' p
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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
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Land Use Plan
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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
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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.
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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
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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.
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EAGAN, MN
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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/
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,,:
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
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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.
•
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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'�,
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C:r l -j /'�.O-[. � (�., �%(,•' bG. 1.1.,�. �J a�.d�i'r .a.a., c.�,V'J44�?•l-l_
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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
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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
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Polis-St. Paul International Airport
Noise Abatement
Operations
.:.�.–
Plan
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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
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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
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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
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R. WINDEN It ASSOCIATES, INC.
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—'•OIC 30 a (DIFFLEV ROAD) 1 •`. I M ��`�
$_ I .' o Ln W.,,'us. .
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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
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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
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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.
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.,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
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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.
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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
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more an 80
total dwelling
units approved on t e overall site.
All voted
yea.
v
t
R 84-5
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Land Use Plan
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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- .�
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•
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.
•
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ATER RESERVOIR CHUry J .
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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
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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.
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C.S.A.H. NO. 30
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1'
LEXINGTON HILLS APARTMENTS
0 0
EAGAN, MN
•
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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
� �(
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•
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
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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.
•
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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'�,
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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
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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