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04/18/1989 - City Council Regular"THE MORNING AFTER" April 18, 1989 "The Morning After" is an extremely brief report of the action that was taken by the Eagan City Council at a regular meeting held on April 18, 1989. There are no details reported in this account; however, the action taken by the City Council on each of the agenda items and each of the other business items is reflected. DEPARTMENT HEAD BUSINESS ,c 1. A resolution supporting the site location of Project 562A, Well #14 - Thomas Lake Park, was approved. 2. A variance to City Code 4.30 for grading permit EX -13-088, Gopher Eagan Industrial Park, allowing extended hours of operation for a 24 hour schedule and Sundays as weather dictates was approved. CONSENT AGENDA e�, —) 5. The hiring of a Land Development/Design Engineer was continued to the May 2, 1989 City Council meeting. 6. The hiring of Sue Sheridan as Accountant I for the City of Eagan was approved. 7. The hiring of Jeffrey Horsman as a seasonal utility maintenance worker was �i approved. ��^ ✓ 8. The following people were approved to be hired for seasonal park positions: y Seasonal Park Maintenance Workers: Larry Anderson Christopher Darwitz Mike Finnegan Brian Gual Tyrone Johnson Loren Leversedge Gary Rutherford Dave Smith Brent Tait Rebecca Verwey 3. Action was taken to rescind the April 4 motion to remove an Oak tree on MnDOT right-of-way adjacent to the Target store. 4. Action was taken to designate the Goins property at 4010 Mica Trail as a -- hazardous building and require proper corrections or removal of the building. CONSENT AGENDA e�, —) 5. The hiring of a Land Development/Design Engineer was continued to the May 2, 1989 City Council meeting. 6. The hiring of Sue Sheridan as Accountant I for the City of Eagan was approved. 7. The hiring of Jeffrey Horsman as a seasonal utility maintenance worker was �i approved. ��^ ✓ 8. The following people were approved to be hired for seasonal park positions: y Seasonal Park Maintenance Workers: Larry Anderson Christopher Darwitz Mike Finnegan Brian Gual Tyrone Johnson Loren Leversedge Gary Rutherford Dave Smith Brent Tait Rebecca Verwey Seasonal Park Attendants: Chris Erickson Kathy Liberty Seasonal Ballfield Attendants: Dean Downs Brett Knudson Thomas Mullen Seasonal Forestry Technicians: Shannon Nelson David Walker 9. The resignation of Daniel Mundahl as Administrative Intern was accepted. �10. The plumbing licenses were approved as presented. �11. The resolution entitled Eagan Arbor Festivities proclaiming Saturday, April 29, 1989 as Arbor Day, was approved. �n 12. The petition for Project 566, Coventry Pass - trunk utilities, was (- received. �G 13. The bids were received for Contract 88-09, Cliff Road - booster pump, and the contract awarded to the lowest bidder. r�14. The bids were received for Contract 88-28, Fire Station #1 - parking lot improvements, and the contract awarded to the lowest bidder. 15. The bids were received for Contract 88-34, Alden Ponds - streets and ��- utilities, and the contract was awarded to Fredrickson Excavating Company, Inc. 16. The final assessment roll for Project 544, Mallard Park - streetlights, was received and a public hearing scheduled for May 15, 1989. 17. The final assessment roll for Project 523, Stoney Point and Blackhawk Ponds- trunk water main, was received and the public hearing scheduled for May 15, 1989. 18. The final assessment roll for Project 515, Dodd Road - overlay, was received and a public hearing scheduled for May 15, 1989. 19. The final assessment roll for Project 530, Kindercare - water main, was received and a public hearing scheduled for May 15, 1989. l20. The final plat for Alden Ponds Addition was approved. 21. The petition was received for Project 564, Rahncliff 2nd Addition - streets and water main. 22. The preparation of feasibility report for Project 565, Cliff Road water treatment plant, was authorized. _3L.23. The final plat for Blackhawk Ridge 2nd Addition was approved. 1 r ti 24. Change Order #1 to Contract 88-24, Lexington Avenue reservoir, in the amount of $15,300 was approved. 25. The feasibility report for Project 562, Well #14, was received. 26. The feasibility report for Project 563, Well #15, was received. 27. Change Order #1 to Contract 88-31, Well #12, to change the completion date of the project from March 15th to April 21st was approved. 28. The second and final payment for Contract 87-14, Country Hollow - sanitary sewer lift station equipment, to. Smith 6 Loveless, Inc. was authorized. 29. The seventh and final payment for Contract 87-12, Lexington Square 6th Addition - streets and utilities, to Richard Knutson, Inc, was authorized. 30. The ninth and final payment for Contract 87-17, Blackhawk Road - streets, to Preferred Paving, Inc., was authorized. 31. The seventh and final payment for Contract 87-41, St. Francis Woods 6th Addition - streets and utilities, to F.M. Frattalone was authorized. 32. The second and final payment for Contract 88-19, Well #5 - removal and repair, to Mark Traut Wells., Inc., was authorized. � 33. The petition for Project 567, Effress Addition - storm sewer, was received. PUBLIC HEARINGS JL34. The public hearing was closed and the final assessment roll for Project 487R - Braun Court - streets and utilities, was authorized. �. 35. The public hearing was closed and the vacation of a public access easement within Outlot A of Eagan Woods Office Park was approved. OLD BUSINESS 36. An additional condition to the Metram Properties Co. motor fuel .sales conditional use permit requiring a financial obligation of $10,611 for storm sewer trunk was deleted. NEW BUSINESS �37. A modification to the trailway along Lexington Pointe Parkway and Daniel Drive was continued to the May 15 City Council meeting to allow further consideration and study by staff. 38. The declaration of City property and police evidence as surplus property �— was approved and the sale and auction scheduled for June 3, 1989. r, 39. The 10' variance to the 30' front yard setback to allow the construction of a home and attached garage on Lot 4, Block 2, LeMay Lake Hills Addition was denied. 40. The preliminary plat for Kingswood Third Addition was approved and a variance to the 500 foot requirement for a cul-de-sac was approved. 41. A preliminary plat entitled Eagan Center Third Addition was approved and a conditional use permit for a day-care facility was approved. 42. After discussing the Eagan/Mendota Heights Corridor issue, the item was referred to a workshop. 43. A comprehensive guide plan amendment for D -I to LB, a rezoning of 7.89 acres PD R-4 to PD LB, a preliminary plat entitled Soderholm Addition and a conditional use permit for a pylon sign were denied. 44. The comprehensive guide plan amendment and rezoning of 1.5 acres of R-4 �— to LB located north of Diffley Road and west of Lexington Avenue was referred back to the APC. 45. The preliminary plat for Eagan Woods Office Park II was approved and a variance for the building setback along Pilot Knob Road was approved. n 46.. The comprehensive guide plan amendment from D -SII to LB, a rezoning of 8.52 CCXSL R-4 acres to an LB district, a preliminary plat entitled Rasmussen College Campus and a conditional use permit to allow a private school in an LB district were approved. _ 47. Oliver McCulloch was designated as an Eagan representative to serve on the DNR Task Force to evaluate and develop a long range deer management program for the Fort Snelling State Park, Minnesota Valley National Wildlife Refuge and adjacent deer concentration areas. �48. The final plat for Blue Ridge Addition was continued indefinitely. 49. The recommendation of the History Committee in regard to the old.town hall building was approved. _50. May 6 was designated as Clean -Up Day in the City of Eagan. 51. A water use restriction for odd/even days during the months of June, July and August was approved. r 52. All bills were approved and ordered paid. A regular meeting ofthe City Council was held on Tuesday, March 21, 1989, at 6:30 Municipal Center. Present were Mayor Ellison and Cotirrc'ilinen(b2'is';chter, Egan, Gustafson and McCrea. Also present were City 14&inisi;tWaator Tom Hedges, Public Works Director Tom Colbert, Community,:;Oevelopment Director Dale Runkle, and City Attorney Michael Dougherty::<:;. �� Wachter moved, McCrea seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES March 7. 1989. MayorE1lgoL;::requested the following changes: Page 15, paragraph 4, c4 rect},ng:;'(developer)' to '(attorney)". Page 17, paragraph 5,.x:-6hg01d read: '1. The HUD property located at the southwest corner of::iexington Avenue and Diffley Road is to be kept for the reservoir site and recreation site.' Page 18, paragraph 12, should read: 'Mayor Ellison stated that the Horne property was looking good. He further stated that an ice arena was being proposed n:;:agatf::;";;;;; Gustafson moved, Wachter se.conded.,,the motion to approve the minutes for the March 70 1989, c:gular:;:Council meeting as amended. All voted in favor. February 16, 1989. Egan moved, Gustafson seconded, the motion to approve the minutes for the February 16, 1989, special Council meeting as presented. All voted in favor. FIRE DEPARTMENT/REMUNERATION:4OR COURT APPEARANCES City Administrator the matter to the Council. Chief Southorn briefly summarj,;ed the request. Councilmember Egan questioned how::often firefighters were summoned to court. Chief Southorn stated it occurred twice in the Page 2/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 last year. Councilmember MdOz:ea recom�i6ded approval of the request due to the excellent servi6e:..1bf::the.:-:figefighters. McCrea moved, Gustafson seCoiiAed, the motion to approve the request for a remuneration for court appearances at the rate of $50.00 for one-half day at court and $100.00 for a full day at court. All voted in favor. FIRE DBPAit'fMENVSfkOMS PROPERTY City Administrator Tom Hedggs briefed the Council regarding the matter. He stated the value was:;tietweei" $800.00 and $1,600.00. Councilmember Gustafson had:..goe: t:)onn :i:egarding the disposal of the property. Chief Southorn expYanei3<uari'ous ways of disposal. Gustafson moved, Egan seconded, the motion to declare certain equipment as surplus property and that the same be sold to the highest bidder either through the advertisement for bids or at the police auction, to be dete.;mined by the Fire Chief, and; that the City Council recognize the:;:;tK nsfer of two air bottles to the Minnesota State Fire Marsti� ip.......,e for use by that department. All voted in favor. FIRE DEPARTMENT/PER DIRIR::'Ilik P"E FOR FIREFIGHTERS Councilmember Egan cofte;tfed that the matter should be considered at the time the'budget is prepared. City Administrator Tom Hedges stated that the per diem rates must come out of the budgeted amount. Wachter moved, Gustaf.s.o.xi seconded,., the motion to approve the per diem increase from$20.00::::titti::::$S:OU;::f0i::members of the Eagan Fire Department who attend out_df_c ty"trail n.ing as described in the City's policy. This action is retroacti-*6 to 7%bruary 15, 1989 to cover a conference/school that was held :as of tat date. All voted in favor. Mayor Ellison observed that the thkee fire department items were examples of why the City of Eagan should have a City Manager versus a City Administrator so these types of items need not come before the City Council. Councilmember Egan made inquirie..",Cegarding the staffing for Station 3. PARRS ::tl !A ljB?YPf.Vti?SYS TRAIL City Administrator Tom Hedges up3ated the Council on the background of the matter. Parks and Recreation Director Ren Vraa informed the Council that the trail alignment was a deviation from the preferred alignment. He Page 3/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 explained the neighbors' Apposition. Re..informed the Council there were three options: (1) td�:g.r.o.ceed; (11Vto cancel the trail; and (3) to wait until the land tra4 tressed that it was an important trail. Councilmember Egan asked when the eight year period began. City Administrator Tom Hedges responded two years ago. Egan stated the City could deal with the new owner and that the property would probably be sold in theCouncilmember Wachter felt ............. . ......... there should be an eventu&1::`i&dhft3 ft: lad ft' Wachter moved, Egan seconded, the::ijotion to postpone proceeding with the Unisys trail from ouar,0._-..s .to kiot Knob Park until the yi:- semi -conductor facility . s . Uder a different location for the trail. All voted in fa'44i� PUBLIC WORKS DEPARTMENT/1989 SEWER AND WATER RATE STUDY /1989 USER FEES City Administrator T ' om ' Hedge Council. Public Works Dirint''t.'i 0,r -:-...T0 for the request. He stated`tffi-4-:* increase in the rate per 1,00.0. ga 83 of the 1989 Sewer and Wate'.';.. Ra increase. presented the matter to the Colbert explained the necessity :::,irp% referred to the net dollar Orig. Mr. Hedges referred to page S.U40y which discussed the MWCC Councilmember Wachte 'p::.'60'm ... mented he felt the single-family water rate seemed too high. He would like a cost breakdown on the billing. Mr. Colbert discussed various billing options and indicated a review would be conducted regarding the options. McCrea moved, Egan secande and Water User Fee and amtfio 6r" full quarter of 1989, and - dir6c breakdown options. All voted in PUBLIC WORKS (PROJECT on to adopt the 1989 Sewer mentation for the first to pursue the billing I AVENUE WATER SUPPLY I) City Administrator Tom Hedges and Public Works Director Tom Colbert briefed the Council on the matter. Wachter moved, Gustafson seconded�:�"jthe motion to receive the report for Project 531-11 (Lexington XV4nue Water Supply) and authorize the preparation.:..*f.:.:det.a.tled:.:.p ans ... and specifications for Contract 88-06. All .... City Administrator Tom Hedges summarized the matter for the Council. Public Works Director Tom Colbert informed the Council that the proposed ordinance was drafted by Kevin Eide and reviewed by Jim Sheldon. Egan moved, McCrea seconded;:; th'p''ipotion to adopt the amended ordinance entitled "Winter Seas0"h:Parkang° (Section 9.09) and authorize the Mayor and City Clo,:r.k to,g;xecute all related documents subject to compliance with::pudz.X.: not ;#:i cation in the legal newspaper. LEXINGTON POST OFFICE Councilmember Wachter questioned if the Council would resolve to expedite the off-street parking problem at the Lexington Post Office. Police Chief Pat Geagan iMd the Council he had written a letter to the Postal authoritiesh.e. County would post the road if requested by the City. HeI:::�e:;:would continue his efforts in regards to the matter. F3R�:X S, "RIG City Administrator TOii Hedges informed the Council that the quotations for the fire grass rig had been secured. He stated that Wilroy Ford was the low bidder, which low bid was under the budgeted amount. Councilmember McCrea questioned if the $14,778.00 was the total expense. Chief Southorn stated yes. McCrea moved, Egan Ewi i&i de8 :p:::::U0::; iitition to accept the bids and award the contract for the fire.gxass ri.g to the lowest bidder, Wilroy Ford, in the amount of All voted in favor. CONSOT AG$UA 1. Half-time Clerk/typist in Community Development. It was recommended to approve the hiring of Rale Jaeger as a half-time clerk/typist for the Community Developp-int Department, subject to successful completion of the City's physical examination requirement. 2. Police Officers. Councilmember McCrea questioned .::there were any female and/or minority police officers being hired. fe was informed there was one female police officer and no minority police officers. Page 5/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 It was recommended to::::approve the:,biring and Trent Johnson in Marcliif'.'; 1.989, and:i4iffrey Anderson in May, 1989, as j4A-ta.::;:4>.ffJ�9rs for subject to successful compleil';"O"h''.':*:ji.:':'::'"t'b'e City's psychological examination requirements. B. Plumbers Licenses. of Tomma Freundschuh Johnson and Michael the City of Eagan, physical and It was recommended to: -f r plumbing licenses as ::O., presented. .. Councilmember matter. She stated City of Eagan. McCrea-questionied:::the terminology regarding the that she hoped the seniors were recruited from the It was recommended to approve the public service agreement between the City of Eagan:: ' *,;4..Greenview, Inc. for provision of compost site monitoring s647'..6. -2:00-g.for 1989 as presented. ....... ... .:.for - D. Dakota County Tax For-feit''Pai-tiel A. .... It was recommended to ap —h �e City's retention of those parcels identified as ParcgJ`8:::: . 12 and 13 of the Dakota County Tax Forfeit Parcels. E. Resignation. Member of Airport Relations Committee. It was recommended to accept the resignation of Dennis Gagnon as � .. 14 a member of the Airport Ro�,:e:ti n;p..,ommi-ttee and advertise for his replacement. vm;gw-E*3�9 IF, L146 F', IF I I WORM) OR I L -M Rl-.11 0 It was recommend license for St. John Neumann's spring dance. consumption play G. Contract 88-5. Final Payment/Acceptance (Well No- 13 - Pumphouse and Facilities).. It was recommended to approve the:":Tinal payment for Contract 88-5 (Well No. 11 and authorize the acceptance for perpetual ma1-mi:411ante." Page 6/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 ...... .... B. Vacate Public Access.—J'"on/Orde (Outlot A. Eagan Woods ;mi.. Park) it was recommended to petition to access easement (Outlot A, Eagan Woods Office Park) public hearing to be held on April 18, 1989. vacate public and schedule a It was recommended to receiv-e the .'bids for Maintenance No. 125 (Miscellaneous Equipment. -:and Attachments) and award contract to Midland Equipment,.::1."' as -Pe low bidder in the of $25,377.00. ......... .. J. Vehicle the amount It was recommended to approve the plans and specifications for Contract 88-28 (Fire Stattom No. 1 - Parking Lot Improvements) and authorize the advertisemeWi�t:d..r-...a bid opening to be held at 11:30 a.m., Wednesday, April 12, 0::::- K. Contract 88-29, Approve rhan9es:jprdpr No. 2 (Well No. 13 - Completion Date). It was recommended t6.:::Apjjrove change Order No. 2, Contract 88-29, (Well No. 13 - Completion Date) with an extension from March 8, 1989 to March 24, 1989, and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to approe the::1-inal payment for Contract 86-12 (Wells No. 8 & No. 9 - Pumo'*ouse::::.ind Facilities) and authorize acceptance for perpetual maintenance. M. Contract 87 -AAA. Final Acceptance (Stuarts 2nd Addition - Utilities). It was recommended to approve the...final acceptance for Contract 87 -AAA (Stuarts 2nd Addition .- Utilitiii) for perpetual maintenance subject to warranty provisions. N. Ago ov Final Pla94� �es Second Addi tion. It was recommended to approve the'....final plat for Safari Estates Second Addition and authorize the Maydt'and City Clerk to execute all related documents. Page 7/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 0. It was recommended to Fourth Addition and author related documents. P. It was recommended td -AU feasibility report, plans and %I- I A% 'final plat for the Safari r and City Clerk to execute all preparation of the ons for Project 562 (Well It was recommended to authorize the preparation of the feasibility report, plans and specifications for Project 563 (Well No. 15). R. Contract 87-35. F.i41::i::�4yment/Acceptance (Brittany 10th - Trunk Storm Sewer). It was recommended to apo'rov Contract 87-35 (Brittany l0tk� acceptance for perpetual Ge S. ifth and final payment for orm Sewer) and authorize It was recommended to approve the fourth and final payment for Contract 87-36 (R&B Addit.ip.n/Wb.ieper.inc.,Woods 2nd Addition - Utilities and Streets) for perpetual City maintenance. 'did th-'.' McCrea moved, Wachter seco"..... ...-p motion to approve the foregoing consent agenda items ad:.:presit4ted and authorize their implementation. All voted in favor. FINAL ASSESSMENT HEARING/TOWN CENTER - STREET LIGHTS (PROJECT NO. 519) City Administrator TOM Hedges pre:.*:6:::#nted the matter to the Council. Public Works Director Tom Colbe'"irt updated the Council regarding Project 519. . 'BE McCrea moved, Wachter seconded, the motion to close the public hearing and approve the final assessm4itjt, roll for Project 519 (Town Center - Street Lighting). All voted 11,:"n:::f avor. Page 8/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 USAC APPO*— TENT City Administrator Tom hid*::iipi$ated the Council regarding the matter. Gustafson moved, Wachter seconded, the motion to appoint Dustin Mirick as the City's MASAC representative. All voted in favor. McCrea moved, Egan seCffti23:`::tlra''jrtcition to approve a formal request to MASAC to increase the::::City iW Eagan's representation from one member to two members. All voted in.f avor. SOLID WASTE PAYMENT City Administrator Tom Hedges introduced the matter to the Council. Administrative Assistant Jon Hohenstein explained the recommendation and informed the Council that there was an exceptional response to the recycling to date. Councilmember Wachteii:;giu�s;tioned the future recycling targets. Mr. Hohenstein described tFfe £:fE:Sse;,secycling targets. Egan moved, Gustafson se:�bnded,,..;�hs; motion to approve (1) authorization to support payrt4hts:::tb::::h4ii1ers at the rate of $20.00 per ton for recyclables co1:3e;td:aE the curb and verify as returned to recyclable markets by t126:�appropriate documentation including weight tickets; (2) authorization to staff to subunit an application to amend the County Landfill Abatement Funding Application in the amount of $23,288.00 to bring the maximum available for tonnage rebate in 1989 to $50,000.00; and (3) authorization of a $5.00 per ton rebate for targeted recy.clabl.*&:.;.for,:.drop-off programs operating within the City. All vote.::;i:dYo;r:::::::::: SPECIAL USE PERMIT/C[)8 FOOOJGREENHOUSE SALES City Administrator Tom Hedg44upd W the Council on the matter. Councilmember Wachter stated he felt it was an inappropriate request, of which he was not in favor. A representative for Cub informed the Council that Cub sold greenhouse products in the spring and home products in the fall. Councilmember McCrea had concerns':4--'egarding shutting down the small businesses in EaganEgan asked if it would adversely effect the":elopment Director Dale Runkle replied no. Councilmember Gustafson commented that Cub could sell whatever they wanted to and that it waas::::not the City's business. He stated that the parking was not effectied and that the real issue was whether the 24 space use would violate Code. Councilmember Egan Page 9/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 concurred with Councilmembsz Gustafsoa,.;,Mayor Ellison stated that it was becoming difficult to:- rk at Cu4:;Ib t that it was the developer's decision. The developer informed the''Council that the location for the power supply was in the light pole. Councilmember McCrea pointed out that outside storage was not allowed in Eagan and that Cub could not have things out over night. The developer stated that the shrubs would not survive inside. City Attorney Mike Dougherty.:'indi.ft.-ted that there was a Planned Development and that under the underlying CSC, outdoor sales and displays were allowed. Gustafson moved, Egan,X-,X:-::t ie motion to approve the application for a special use permit as applied for by Cub Foods to allow a temporary greenhouse from April 20, 1989 to June 5, 19891 subject to the following conditions: 1. The special use pe;r;git is temporary and shall expire after June 9, 1989. 2. A building permit must, tie ii3tiined through the City's Protective Inspections Division. X. 3. The building shall -be, -:v- n"ended and shall be placed within the fenced sales area to 41 &W exiting through both ends. 4. The permit shall be subject to all applicable Code requirements. Gustafson, Egan and El;l;i&o.r<;.vr!ted.:,in favor; McCrea and Wachter voted against. SPECIAL USE PERMIT/TRI-LAHA:::PARTptSHIP/GOLF DRIVING RANGE City Administrator Tom Hed4os infpfined the Council that at the Advisory Planning Commission meeting it::was determined that a preliminary plat would not be required and that a special permit would be adequate for this type of use. Community Development Director Dale Runkle summarized the application for the Council. He recommelded to the Council that if the matter were approved, there should::`be a licensing requirement. Brad Swenson (Tri-Lattd}:'::ui oacii 0': a Council he was available for questions. Sharon Swenson stated there was a planned completion date of May 15, 1989. Mayor Ellison gii;eStioned how long it was planned for the land to be used as a golf range. Ms. Swenson replied five to seven years. Page 10/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 Mayor Ellison asked Mr:, Runkle i£. -licensing could be revoked. Mr. Runkle stated it woui&:; )je.. a consi"iation. Ms. Swenson commentedthe 6t*`would be one bathroom in the facility and that a building plan would be submitted to the City. Egan moved, Gustafson seconded, the motion to approve a special use permit for a golf driving::range located within the Lexington South Planned Developments:iG:::ui1i::�y Tri -Land Partnership of Eagan - Eagan Center 3rdAc1i33t3osna3$ct to licensing requirements. All voted in favor. CONDITIONAL USE PERK-1*/DAVAkW- 'S/ON-SALE LIQUOR, 3.2 BEER :9k W:j: i Cis�f t LAKE CENTER City Administrator Tom Hedges updated the Council regarding the matter and stated that the Advisory Planning Commission recommended approval of the application. Community Development Director Dale Runkle summarized the application for the Council. The applicant was available at the meeting ic.r.questions. Egan moved, McCrea ser:::tk�e,.motion to approve a conditional oafiiie use permit to allow on -sale 3.;,2 6eet::::eitd wine in a community shopping s.� center district for Davanni'it the::QAff Lake Center Addition, subject to the following conciftioiH;?::: 1. Approval by the Ckty''S. Police Department through the investigation process. All voted in favor. CONDITIONAL USE COMPANY/MOTOR FUEL SALES City Administrator Tom Hedges, inf6i1ned the Council that the Advisory Planning Commission red6inmendiA approval of the application. Community Development Director b�;e Rul}"'le summarized the application for the Council. Jerry Archer (PDQ) was available for questions. Councilmember Gustafson commented that the traffic in the center was limited to one access and questioned: why not leaving the other access open. Community Development Dir.e..Ctor Dale Runkle pointed out that one access could handle the circu-1�tttion. Councilmember Egan as[ce@: if ::kie:isl3pps to the east would be impacted by the canopy. Mr. Runkle replied that the present uses were not retail. He further stated there ward be access through the service bays. Page ll/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 Councilmember Egan asked how the...p.ump differed from Hilltop. The developer explained the dit-t4prence ag :Stated that PDQ would expand into the old bakery spot. Councilmember Gustafson asked if there was single family across from the pumps. He commented that Blackhawk Plaza was similar. Mr. Runkle stated that there was single family across from the pumps and that everyone had been notified within 350 feet. Councilmember Egan pointed out that Blackhawk:::'3; A. add:?iR�b.er safety issues. Public Works Director Tom Colbert'stat a "ttidt; lilackhawk Plaza had inadequate circulation. Mike Eichorn described the':.:' t,:Qpecifications. He commented that a flat lens could be?:iis I:Ad:::: o. ' :de less spill-over. Mayor Ellison requested the additi6fi of��:'a<::condition requesting staff to work with the developer to prevent light spill-over. Egan moved, McCrea seconded, the motion to approve an application for a conditional use permit to allow motor fuel sales in a neighborhood business district located at the Silver Bell Plaza along Silver Bell Road iri:� e::;southwest quarter of Section 17, subject to the following coridit.eiis:.;.;, 1. All signage shall be :gubjeet;:;ti#::::the one-time sign fee of $2.50 per square foot. 2. The final landscapt:-'plan will be submitted with the building permit application. 3. The review and approval of this site plan by the City for the construction of the proposed use is subject to the following requirements: a. The proposed driveWay is.required to be 30 feet wide with 30 foot curb return radii.::;: b. Positive drainage tia the ii sting on-site catch basins. c. A maximum driveway slope of 68. d. A concrete valley gutter is required across the driveway opening along Silver Bell Road. e. A permit is required from'the City for work in the public right-of-way. 4. The applicant is to meet staf€,!.$ approval in connection with the prevention of light spill-over. Page 12/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 Gustafson, Ellison,, Ega:".:.: McCre voted in favor; Wachter voted against. 'TARGET/TREE REMOVAL RROURST City Administrator Tom Hedges informed the Council that Target was requesting the removal of.Qne oak tree to allow better visibility 4i. of the Target sign. Communi:�be.`! ........... t 'irector Dale Runkle explained the layout to thet 'i-fiiormed the Council that KnDOT required $8,300.00 of landsd4-ging ::the tree were to be removed. He further stated that the-devel-pper was doing a good job with the other landscaping. He r.q ted...t�at the tree was on highway property. Councilmember McCrea commented there was a hardship situation. Councilmember Egan remarked that the landscaping may be preferable to the tree. He stated that relocating the sign would create a greater problem. Councilmember Gustafson emphasized that the tree was there before Target and questioned..4.Why the matter was before the Council. Bruce Warzel (engineer) ihf.6 Council he was negotiating on his client's behalf with KnDQ.T. 4::Otated the developer foresaw a reconveyance of the right-of-wak.': which,-.-0.i:a: not happen. Egan moved, Gustafson se.dd..`.,..'a' the motion to approve an amendment to the site plan ill6iAng Target to remove one (1) oak tree to allow better visibility of the existing Target sign. Gustafson, Ellison, Egan, and McCrea voted in favor; Wachter voted against. REZONING/CLIFF RIDGE ADDITION City Administrator Tom,':A*ft69:::* . "O',zed the application for the Council. Community Development Dire.ptor )..)..ale Runkle described the proposed development to the Council:; He commented that a variance XX regarding the cul-de-sac was unneq.*:asary.:::.:. Ray Brandt (Brandt Engineering) infdi'med the Council the developer had met with the neighbors and that a realignment of the road would be a problem. He commented that there would be an attempt to save the trees on the lot lines. Be outlined the drainage system. Mayor Ellison asked to be shown where the.. -:trees were located. Community Development Director Dale Runk -1e described the location of the trees. Don Smith, 4557 Oak the APC concerns. He had concerns regarding transition, the matching of the lot lines and more expensive homes. He stated the dev4-1-'Q"'per had not given on the Page 13/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 issue and that the trees should be saved or replanted along the property lines for a buff'J"" He refeFenced the Comprehensive Guide Plan. Tom Tweeten, 4550 Oak Chase4ay, thanked the developer for the meeting. He reaffirmed Mr. Smith's concerns. He stated he felt the pond easement should be given to the City. He also had concerns regarding the drainage. He commented that the lot sizes were smaller. John Klein (broker fft"-'tae previous comments. He reported the City; the adjacent property property was trying to make the; the City should approve thg.:.p>•4', engaging in snobbery. iW"I.tated he was disturbed by the t the:lots meet the requirements of s built on a swamp; the adjacent ter4.4 property hold its drainage; that the neighbors were Councilmember Wachter asked why there was not direct access. Mr. Klein stated the County did not want a third access. Tim Lilly, 3548 Oak Chase Way, stated the drainage was not going onto the Ostertag property:3i:tit::.:.that the water would accumulate on his property. He commented that'::t3ie:::;ae;i rs were only trying to protect their property values. Councilmember McCrea recommelided that the staff should elaborate on the water problem. Public::O r:ks'Director Tom Colbert responded that the Oak Chase 6th Ad :.Ion was required to create an interceptor ditch until the Ostertag property was developed. He outlined the proposed drainage to be installed with the development and stated that the final plat would require detailed drainage layout. Councilmember Egan queati:4ned.;ii`...;th,e lot sites were a problem. Mr. Colbert stated no that;.. ........ :.,.gme poor soil on three lots. Egan had questions regarding"access:'llr: Colbert stated it did not meet the spacing guidelines of tine Comity. Mayor Ellison remarked that the dual entrance would heT34:acceaa. John Klein reported that the back:� ards would be abutting the back yards of the neighbors. Mayor Ellison commented that there would not be estate zoning next to multi -residential. He reported that the Council enforces minimum lot sizes and that single family was the transition to the multi -residential. Councilmember Wachter remarked that access to Cliff Road was poor. Wachter moved, Egan se.ppnded:i.:;:th.,e:::piotion to approve the application for the rezoni:fi!:*:;::te :;;#gi: cultural acres to a Single Family district, as submitted by Argus Development for the Cliff Ridge Addition. All voted in favor. Councilmember McCrea had questions regarding the trees and stated there was no condition in the APC minutes. She asked if a tree Page 14/EAGAN. CITY COUNCIL MEETING MINUTES March 21, 1989 survey had been conducted.:.:. :The develope.r' stated the survey had not yet been done. John Klein i&itlined thW�:j:iee layout and the slope. Mr. Colbert stated that trees v0t.. d;.;4e :.1*C "through the grading process. Be stated the developer co ul:;:idc;;:oiily the roadway and let the home builders save the trees. Mr. Brandt commented that fill would need to be provided from off-site. Councilmember McCrea questioned if some trees were visible from Cliff Road. Mr. Brandt stated yes but that they would not be lost. Mayor Ellison requested the developer save as many trees as possible. Coun:4j1-Member:::&9an had concerns regarding proposed condition number Egan moved, Gustafson sec preliminary plat consisting of Avenue and north of Cliff ;R044 27, as submitted by Argus:Deve' to the following conditions: the motion to approve a ots:::I�bcated west of Lexington he::s utheast quarter of Section pt�i"Cliff Ridge Addition, subject 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C5, El,.,.. Fl and G1. 2. The variance for -de-sac shall be approved. 3. The development is regvired Go:::submit a grading plan which accurately shows the existing::;:adjac?ant:::topography. 4. The grading plan siial'tie revised along the west side of this site to match the existing back yards of the westerly adjacent lots (Lots 1 and 3, Block 1 and Lots 1 through 6. Block 2). 5. The drainage swale with a minimum slope of 1.58 along the backyards of the lots that,.;ab.pt, Oak..Ghase 6th Addition is required. 6. The development is Yespoiishl'e','for matching the existing street grades provided in the ad�'Acent:::Ches Mar East 5th Addition and Oak Chase 6th Addition. Xx 7. A storm sewer outlet is requirii for the landlocked low area located in the southeast corner of this site. 8. The development is required to provide a storm sewer outlet to the southerly boundary of the prope;ty adequately sized to handle approximately 16.4 acres of runoff. 9. The development w:L.l..::..b*.::::r.essoris:i.:ble for intercepting the existing 18" storm sewer t31 `ci #ris::::.C, erly along the lot line between Lots 4 and 5, Block 2, of Oak Chase 6th Addition. 10. The development is required to::ektend its storm sewer outlet to the normal water level (NWL) of Pond LP -70. Page 15/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 11. The development will be required to limit phosphorous loading to Carlson Lake to predevol pment leve#;s. 12. The proposed water rifat:pEitas shown is not acceptable and subject to further review by si.a 13. The well and septic system to be abandoned in accordance with the City and WPC standards. 14. The developer to wtitii' :i#Cii: ttaf to save as many trees as possible. Wachter, Gustafson, Ellisoi<.:and $g'n voted in favor; McCrea voted against. There was further discussion Between Mr. Brandt and the neighbors regarding the drainage. The neighbors requested a stop sign. PRELIMINARY. PLAT/RABNCLIFF 3RD ADDITION City Administrator Tdiil:06ftes... briefed the Council on the matter and stated that the Advisory.: -.- of recommended approval of the Rahncliff 3rd Addition:;::prelim nAxy plat. Community Development Director Dale Runkle summarized.;:the::l�ii:ication for the Council. The applicant was not pre sent_.at:,.,t-h :tiieeting. Councilmember Gustafson stated he felt the parking was inadequate even though it exceeded Code. Mr. Runkle stated that the volume on the drive through would not require a conditional use permit. McCrea moved, Gustafson:::Pzm :d ::the motion to approve the application for a preliminary 'plat -cdttisisting of Outlots A, B. and C of the Rahncliff 2nd Addition lkated oouth of Cliff Road and east of Rahn Road in the northwest quarties of Section 32, as submitted by Rahncliff Crossing, Inc. - Rahn6lxff 3j� Addition, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: B1, B2, Cl, C2, C4, El, and F1. 2. The undeveloped lots shall be.:;.reviewed by both the Advisory Planning Commission and 3. The buildings will [ie constructed on all sides with brick consistent with the building approved::: the Rahncliff 2nd Addition. 4. All signage shall be subject to the one time sign fee of $2.50 per square foot. Page 16/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 5. The trash enclosune.::-shall be permitted next to the restaurant on Outlot C and shall be 6448:tructed: ..>the same materials. The Planned Development Agreement::;:modified to reflect this change only on Outlot C. 6. The development is responsible for dedicating appropriate cross easements for traffic circulation. Gustafson, Ellison, F.dk?j; & it i 0 voted in favor; .Wachter voted against. RIDGEHAV:EN ADDITION Marty Camp (on behalf::::Ot::S .eV:e`;it?iAi$ey for Ridgehaven) informed the Council that all of the eocumefitB`were completed and executed. He stated that a third extension would put the project in jeopardy. Councilmember McCrea questioned if action would be appropriate and stated she felt the Council should not act on the matter at the present time. Mayor Ellison informed Mr. Camp the Council could not act on the matter at the March 21, 1989 meeting. Mayor Ellison suggested the matter may .be heard at the March 28, 1989 special workshop meeting, if 6*�'Kythxng was in order. PRELIMINARY PLAT:EXTSM1W' REMICK ADDITION Community Development:::p.'±ect&r Dale Runkle updated the Council on the matter. Egan moved, Wachter seconded, the motion to approve the preliminary plat extension for Remick Addition for one year (until March 31, 1990). All voted in favor. PRELIMINARY PLAT EXTI4LI8bN{SiERIAG WOODS 4TH ADDITION Wachter moved, Gustafson seiidnded:**the motion to approve an extension to the preliminary pl t::::for *h1spering Woods 4th Addition for one year (until March 31, 1990). Al ::voted in favor. NATIONAL LEAGUE OF CITIES Mayor Ellison, Councilmember McCrea and City Administrator Hedges updated the Council on their attendance at the National League of Cities Conference the previous week;: n Washington, D.C. BURNSVILLE/EAGAN CABLCOMMISSION ANNUAL REPORT Egan moved, Gustafson seconded, the:motion to acknowledge receipt of the Burnsville/Eagan Cable Communications Commission annual report. All voted in favor. Page 17/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 RESIGNATION/GORibB..,STADFF/SWINEERIPG TECHNICIAN Public Works Director T&::''C.ti3bErt informed the Council that Mr. Stauff had been an excellent employee. Wachter moved, Gustafson seconded, the motion to accept the resignation of Gordon Stauff..ar,_an Engineering Technician for the City of Eagan, and to adve#;.se::::#gs`:::::ttplacement. All voted in favor. ....."' SEASONAL PARSr, lAINTENit CE NORRSR Gustafson moved,Wach:teF:secbaeh:tl the motion to ratify the hiring of Hugh Peterson ae,"g`'seasdl ::-parks maintenance worker, to begin employment March 20, 1989. All voted in favor. DISCUSSION City Administrator TQ m;::.fledges updated the Council on the following: the budget do tf:::;::the packet policy review, the Council workshop on March 28, 1989,kie::ait4E?.:regarding goals and objectives, and the 35W study in regards :to tfie::bbst, participation. City Attorney Mike Dough�I :.:J-pfcrmed the Council that the HUD property had been acquired:;;k::::fe City of Eagan for the reservoir st�` site. He further stated tlihe had been in contact with the developer of the Soderholm Addition who showed an interest in purchasing the old reservoir site on Lexington Avenue. Councilmember McCrea stated she felt it made sense to sell. Mayor Ellison felt that the Soderholm site should be integrated with the City site. Gustafson commented that the land is::::Fa�[_:;:SaI.e:::;and::.that staff should explore the sale possibility. Councilmember Gustafson co>sianted:hat he felt the time had come to improve Rahn Road. CouncilmemgEser Wac*ter stated that Rahn Road was bad. Councilmember McCrea suggested the:::necessity to downscale the project. Public Works Director Tom Colbiit stated the width was a minimum to receive state aid and there would be the possibility of losing state funds. Gustafson stated the street was close to ruin and that the matter had to be dealt with. Mayor Ellison instructed staff to investigate the matter and make a re.pommendation to the Council. Colbert stated he would have the feasi-iAlity report updated with cost estimates. Gustafson requested staff bring back the original plan as a staff report. Mayor Ellison commented that the .et.aff had provided good information regarding the Senate Tax d.0.0mittee update. Councilmember Egan requested that the Attorney Comstock letter be distributed to the Councilmembers as soon as it is received. Page 18/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 Councilmember McCrea'mx;XXed she;k-iiW received•a letter from Jerry Barker in the Town Center that five 'small businesses had gone under. She further G'tated::t#iat the Cub Foods greenhouse operation discouraged her and she felt that the Council should keep the existing businesses in Eagan healthy. Councilmember Egan stated the City could not keep all large businesses out. McCrea,also mentioned she would like cluality in the commercial/retail areas. CONTRACT 87-B/LONE :b*M.?:UTILITY IMPROVEMENT Public Works Director Tom rolbert.:.recommended final acceptance for perpetual maintenance of Cont:act;#7�H. He stated that the letter of credit was due to expi[$.'-': Gustafson moved, Egan seconded, the motion to approve final acceptance for perpetual maintenance of Contract 87-H (Lone Oak Drive Utility Improvements). All voted in favor. CHECKLISTS Wachter moved, McCrea sero i4ed-j.;,the motion to approve the checklist dated March 21, 198:4;. in 'tRt amount of $742,472.49. All voted in favor. RNMENT Upon motion duly made by Gustafson, seconded by Egan, the meeting was adjourned at 10:00 p.m. All voted in favor. THE CITY OF EAGAN E.::i:Z. Vah0verbeke, City Clerk X� LnITt LbU�C_1u o —✓— �o O� rJs \n,o_v.�� o.a J.o`N'�� III i O_nF- ITIe�L.w. 3 y Cj4 LL CZ�� a Ko ram—X2'.0, t_ i K II� _II Pry Ce=w.�_.s`.a�T.+) .��-•-�<w..�,w�,..� W-v.n—F.._ AGENDA REGULAR MRETING\ EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING APRIL 18, 1989 6:30 P.M. I. 6:30 - ROLL CALL 6 PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. DEPARTMENT OF PUBLIC WORKS P' 1. Project 562A, Approve Resolution Supporting Site Location (Well #14 -Thomas Lake Park) 3 2. Request for Extended Hours and Days, Grading Permit EX 13-088, Gopher Eagan Industrial Park IV. 6:55 - CONSENT AGENDA (PINK) P•7 A. PERSONNEL ITEMS Pr'\ B. PLUMBERS Licenses p .q C. PROCLAMATION, City of Eagan Arbor Day 1 3 D. PROJECT 566, Receive Petition/Order Feasibility Report (Coventry Pass - Trunk P\ Utilities) �3 E. CONTRACT 88-09, Receive Bids/Award Contract (Cliff Road Booster Pump) (�F. CONTRACT 88-28, Receive Bids/Award Contract (Fire Station #1 - Parking Lot) 1-1 G. CONTRACT 88-34, Receive Bids/Award Contract (Alden Ponds - Streets 6 Utilities) A H. PROJECT 544, Receive Final Assessment Roll/Order Public Hearing (Mallard Park - Streetlights) I. PROJECT 523, Receive Final Assessment Roll/Order Public Hearing (Stoney Point 6 Blackhawk Ponds - Trunk Watermain) p \O� J. PROJECT 515, Receive Final Assessment Roll/Order Public Hearing (Dodd Road - \ Overlay) aO K. PROJECT 530, Receive Final Assessment Roll/Order Public Hearing (KinderKare - Watermain) 2 0 L. FINAL PLAT, Alden Ponds PROJECT 564, Receive Petition/Authorize Feasibility Report and Detail Plans and Specifications (Rahn Cliff 2nd Addition - Streets) 2 2,N. PROJECT 565, Authorize Feasibility Report and Request for Proposals (Cliff Road Water Treatment Plant) :�,3 0. FINAL PLAT, Blackhawk Ridge 2nd Addition s P. CONTRACT 88-24, Approve Change Order #1 (Lexington Avenue Reservoir) 2(,Q. PROJECT 562, Receive Report (Well #14) PQ r R. PROJECT 563, Receive Report (Well #15) !4 SCONTRACT 88-31, Approve Change Order #1 (Well #12 - Completion Date) Rq4 T.. CONTRACT 87-14, Final Payment/Acceptance (Country Hollow Sanitary sewer Lift P' / Station Equipment) p.0U. CONTRACT 87-12, Final Payment/Acceptance (Lexington Square 6th Addition - V y/ Streets and Utilities) V. CONTRACT 87-17, Final Payment/Acceptance (Blackhawk Road - Street) el q4 W. CONTRACT 87-41, Final Payment/Acceptance (St. Francis Wood 6th Addition - P Streets 6 Utilities) P�4 (eX. CONTRACT 88-19, Final Payment/Acceptance (Well #5 - Repair and Maintenance) Y. PROJECT 567, Receive Petition/Authorize Preparation of Feasibility Report (Effress Addition - Storm Sewer) V. 7:00 - PUBLIC HEARINGS (SALMON) A. PROJECT 487A, Final Assessment Roll, Braun Court - Streets & Utilities r S(o B. VACATE Public Access Easement, Outlot A, Eagan Woods Office Park 1 VI. OLD BUSINESS (ORCHID) S9 A. CONSIDER Special Assessments Related to Conditional Use Permit, Metram fProperties, Motor Fuel Sales, Lot 1, Block 1, Silver Bell Center Addition VVII. NEW BUSINESS (TAN) P S7 A. DISCUSSION, Eagan/Mendota Heights Corridor 14B. REQUEST to Reconsider Alignment of Trailway Adjacent to Daniel Drive and q Lexington Pointe Parkway 109C. DECLARE Miscellaneous Property Surplus/Authorize for Sale and Auction on June P, 3, 1989 VARIANCE, Bobby and Denise Warfield, a Request for a 10' Frontyard Setback to the Required 30 Feet, Located at Lot 4, Block 2, LeMay Lake Hills (1345 Towerview Road) F'11�E. PRELIMINARY PLAT, Kingswood 3rd Addition/Horne Development, Consisting of 46 Single -Family Lots on 28.0 Acres Located along the West Side of Pilot Knob Road in the SE 1/4 of Section 16 and NE 1/4 of Section 21 130F. PRELIMINARY PLAT, Eagan Center 3rd Addition/Tri-Land Partnership, Consisting of One Lot and Three Outlots on 32.21 PD-csc (Planned Development - Community Shopping Center) Zoned Acres and a CONDITIONAL USE PERMIT for a Daycare Facility in a Community Shopping Center District Located Along the East Side of Lexington Avenue, South of Kensington Trail (extended) in the NW 1/4 of p Section 26 C. COMPREHENSIVE GUIDE PLAN AMENDMENT, Soderholm Addition/Eagle Enterprises, Changing the Land Use Designation from D -I (Single -Family, 0-3 Units/Acre) to LB (Limited Business), a REZONING of 7.89 PD R-4 (Planned Development - Multiple Residential) Acres to a PD LB (Planned Development - Limited Business) District, a PRELIMINARY PLAT Consisting of Eight Lots and a CONDITIONAL USE PERMIT for a Pylon Sign Located in the Northwest Corner of Lexington Avenue p and Diffley Road in the SW 1/4 of Section 23 H. COMPREHENSIVE GUIDE PIAN AMENDMENT, City of Eagan, and a REZONING of Approximately 1.5 R-4 (Multiple) Acres Within'the Lexington South Planned 1� Development to LB (Limited Business) Located North of Diffley Road.and Along the West Side of Lexington Avenue in the SW 1/4 of Section 23 I. PRELIMINARY PLAT, Trammel Crow Company/Eagan Woods Office Park II, Consisting P+\� of one Lot for an Office Building and an Outlot for Future Development on 25.9 PD (Planned Development District Acres Located in the Southwest Corner of Pilot Knob Road and I-494 in the NE 1/4 of Section 4 J. COMPREHENSIVE GUIDE PLAN AMENDMENT, Rasmussen College System/Rasmussen College IVY Campus, Changing the Land Use Designation from D -III (Mixed Residential, 6-12 Units/Acre) to LB (Limited Business), a REZONING of 8.52 R-4 (Multiple Residential) Acres to an LB (Limited Business) ,District, a PRELIMINARY PLAT Consisting of One Lot and One Outlot and a CONDITIONAL USE PERMIT to Allow a Private School in a Limited Business District Located Along the East Side of Federal Drive, South of Washington Drive in the NE 1/4 of Section 16 VIII. ADDITIONAL ITEMS (GOLD) LB. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) %I. ADJOURNMENT �;. MEMO TO: HONORABLEMAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 13, 1989 SUBJECT: AGENDA INFORMATION FOR APRIL 181 1989 CITY COUNCIL MEETING ADOPT AGENDA APPROVE MINUTES After approval is given to the April 18;, 1989 agenda and regular meeting minutes for April 4, 1989, the following items are in order for consideration. DEPARTMENT HEAD BUSINESS A. PUBLIC WORKS DEPARTMENT: Item 1. Project 562A, Approve Resolution Supporting Site Location, (Well $14 -Thomas Lake Park) --With the proposal to locate Well #14 within Thomas Lake Park, certain conditions and restrictions must be adhered to in accordance with Federal guidelines due to the fact that this park was purchased and/or developed with land and water conservation funds (LAWCON) and Legislative Commission on Minnesota Resources funds (LCMR). One of the state and federal agency requirements is the formal passage of a resolution from the City Council verifying that this location has been anticipated and planned for as a part of the overall community's growth and the well is not being placed there as an afterthought. Subsequently, the Director of Public Works has prepared the proposed resolution enclosed on page .2 for the Council's formal adoption and certification which will be forwarded with our application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution supporting the site location of Project 562A (Well #14 - Thomas Lake Par -k). IT RESOLUTION CITY OF EAGAN PROJECT 562A (WELL #14 -THOMAS LAKE PARK) SUPPORT FOR SITE LOCATION WHEREAS, the City of Eagan obtains 1008 of its potable water supply from groundwater acquifers; and, WHEREAS, the City of Eagan has planned for its past, present and future growth through the preparation of Comprehensive Water Supply and Distribution Plans in 1965, 1969, 1976, 1982 and 1988:; and, WHEREAS, each of these Comprehensive Plans identified the need for the development of two extensive well fields in the northern and southern portions of the community; and, WHEREAS, the limitations of the water bearing aquifer formation of the City's water source dictates spacing requirements between individual well locations within each well field; and, WHEREAS, the spacing requirements places several of these wells within public facility zoned property and/or parkland'; and, WHEREAS, the City of Eagan has heldextensive public hearings and neighborhood informational meetings for both the preparation of the Comprehensive Plans and individual site locations for well developments; NOW, THEREFORE, BE IT RESOLVED that the City of Eagan, Dakota County, Minnesota, hereby supports the proposed location of Well #14 .being constructed under Project 562A within Thomas Lake Park as being in concurrence with past and present Comprehensive Plans for the City of Eagan and necessary to provide the required water supply for the City's health, safety; and welfare. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion Made By: Seconded By: Those in Favor: Those Against: Dated': April Y8-, 1989 I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, does 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 18th day of April, 1989. E.J. VanOverbeke,, City Clerk Agenda Information Memo April 18, 1989 Cita; Col;ncil Meeting Item 2. Request for Extended Hours and Days, Grading Permit EX - 13 -088 (Gopher Eagan Industrial Park) --In May of 1988, a grading permit was issued to Shafer Contracting Co., Inc. for the modification to the existing contours of the Gopher Eagan Industrial Park located south of Yankee Doodle Road and east of Trunk Highway 149 which has recently been acquired by United Parcel Service (UPS). This site was also proposed to be used as a disposal of excess materials resulting from the reconstruction of the crosswi runway (4-22) at the Metropolitan Airport. Enclosed on page is a letter from the contractor requesting the variance to City Code 4.30 allowing the grading and filling under this permit to occur 24 hours a day and occasionally on a Sunday as weather conditions dictate. Also enclosed on pages _,r__ through /a are articles in a local newspaper explaining the critical time schedule associated with this project. While this runway is closed for reconstruction, additional air traffic will be diverted over the City of Eagan. Subsequently, a 24 hours operation will allow a quicker resumption of normal air traffic patterns. The route of transportation will be the Mendota Bridge along T.H. 55 to T.H. 149 to Yankee Doodle Road and the disposal site. This is all primarily a commercial industrial area and it is not anticipated that this will significantly impact any scattered residential properties near this project. A representative of the contractor will be at the April 18th meeting to provide additional information as may be necessary. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny a variance to City Code 4.30 allowing extended hours of operation for a 24 hour schedule and Sundays as weather dictates. 3 C° 4.f Vale, SHAFER, MINNESOTA 55074 April 10, 1989 City of Eagan Department of Public Works 3830 Pilot Knob Road Eagan, Minnesota 55121 Re: Grading Permit MER -13-088 United Parcel Service Property Attn: Mr. Craiq E. Knudsen Gentlemen: We have a project with the. Metropolitan Airports Commission toreconstruct Runway 4-22. The project must be completed in a very short time frame, and utilization of the United Parcel Service property in essential to its timely completion. As you can see from the attached newspaper articles and releases, the project will be going basically round the clock, seven days a week. This work should be completed about the middle of May, and we -would hope that we will be able to work that time frame until then. Our current grading permit is valid for working between the hours of 7:00 a.m. to 7:00 p.m,, we are asking permission to 'work -7:.00 p.m, to 7:00 a.m. to cover a124 hour a day operation, Monday through Saturday. In the event we experience a rain day where we cannot work, our contract requires that we work on Sunday. We would also request permission to work that occasional Sunday. Please give this your earliest possible consideration. Yours very truly, S14AFER CDNTRACTING'CO., INC. By: � Robert J.Ru y RJR:so 7 S Frost stalls runway reconstructiona all Art Rebuilding of Runway 472 at Min. mission fled scheduled the work _ '• .: ,;: - - neapollrSL Paul International Air- ®rfY this aPift a it would 6e . . port has been delayed by fiost Lo completed by June 1. typically the .. .. - .. �•'�.:'+ the Goll and new t to begin.- 4 at aur of the Open -window season in ' Monday. 12 days behind schedule. Mionesou " ' ,'' .: :'' -• : `'I ; : i The sg.6 million reconstruction of But Jim Forman, director of air- irthe theairport's leaser used crows wind pon•development, said it is now .. runway will take it out of use, fore- unlikely that the project will be ' ing all airport traffic: onto the two completed by then. darallel runways that need ' . over Mendota Heights and = Frostin the soil is holding up the ':; :.::' .:' `. ; '• ': . . . ! to the southeast and over Minne. ptojois, Fortran said. Under nor ' r._::::;:'::` ;,."•.,; r:' " apolis and north Richfield to the mal 40 -degree temperatures for this northwest, time of year. frost leaves the soil, he ,. said. Tau show that them is sole ' . Residents of south Minneapolis 4.5 Ret of frost in soil under the ". and north Richfield will bear -al- runway: most anataot jet seise between 6 ' . a.m.' and I I pm. In Mendota Forban said that work could start Heights and Fiume the project is .immediately to bank up and re• I expected to be Tai disnrpbve ba move the runway concrete. but that cause plana By over an Industrial it wouldn't be possible t0 remove corridor. old soils and replace them with ' and until the frost is gout. The Metropolitan Airports Com= r r � r S m M r ko a N A 9 r J4n�22.. UY Runway 4.22 the 'trosswlnd" runway at Mlnneap01134t. Paul International Airport, will be closed to aircraft operations from Much I S to June l of this year beaux rJ reconstruction of the runway The closure of Rtmway 4-22 writ require all aircraft to use the parallel runways r-rriving and departing oyer South Minneapol"orth Rldhfteld and F�atdMemdota Heights. Working with[ the Metropolitan Aircraft Sound Abatement council (Alp CM, the EAC has set an =MUM eonstru2lom schedule in order to mkgmfm the noise impacts -f aircraft and constructlon operations on :., mmplek the work and surrounding neighborhoods, The goal is ROM the runway in time for the normal "open window^ cacon. There writ be night time construction, so our closest neighbors an expect some ;fight ODnstruction Mb; Prtkukdy In the early part of the schedule when the avement Is being reumwM& The chart below shows the pharmed schedule In the heavy dashed line We will lmnval >38 Is M M feuy.tp.o1 lb 31 20% 40% 60% 80% 1100% rn5E NOTE TEM 13 NOMIE RUNWAY 4-Z2 E7ITHMON PROJBCI; E EXTENSION PROJECT IS ON HOLD, PENDING T1111161 MINGS OP AN. MIRONMENTAL AIpACTSTAT mENL i J f ' i beep YW'*M'ed of progress on Elie Prof by exoemding the lower bar o and publishing it In the newspapers every other week. of io The �� Runway 4-22 Is nearly four decades old— welt beyond yens' increased aircraft weights have caused a gradual &Wbration r requWng remr MWIon to begin this year, Reconstruction will be done in two phases, phase I, io be completed t "I involve the remora) and repi-acemesm of the pavement south of the inte Runway Iti<29R. The remaining 2,wo feet wM be completed N early sprint pm1na 4 WCATION 494 Ll ;..; r J4n�22.. UY Runway 4.22 the 'trosswlnd" runway at Mlnneap01134t. Paul International Airport, will be closed to aircraft operations from Much I S to June l of this year beaux rJ reconstruction of the runway The closure of Rtmway 4-22 writ require all aircraft to use the parallel runways r-rriving and departing oyer South Minneapol"orth Rldhfteld and F�atdMemdota Heights. Working with[ the Metropolitan Aircraft Sound Abatement council (Alp CM, the EAC has set an =MUM eonstru2lom schedule in order to mkgmfm the noise impacts -f aircraft and constructlon operations on :., mmplek the work and surrounding neighborhoods, The goal is ROM the runway in time for the normal "open window^ cacon. There writ be night time construction, so our closest neighbors an expect some ;fight ODnstruction Mb; Prtkukdy In the early part of the schedule when the avement Is being reumwM& The chart below shows the pharmed schedule In the heavy dashed line We will lmnval >38 Is M M feuy.tp.o1 lb 31 20% 40% 60% 80% 1100% rn5E NOTE TEM 13 NOMIE RUNWAY 4-Z2 E7ITHMON PROJBCI; E EXTENSION PROJECT IS ON HOLD, PENDING T1111161 MINGS OP AN. MIRONMENTAL AIpACTSTAT mENL i J f ' i beep YW'*M'ed of progress on Elie Prof by exoemding the lower bar o and publishing it In the newspapers every other week. of io The �� Runway 4-22 Is nearly four decades old— welt beyond yens' increased aircraft weights have caused a gradual &Wbration r requWng remr MWIon to begin this year, Reconstruction will be done in two phases, phase I, io be completed t "I involve the remora) and repi-acemesm of the pavement south of the inte Runway Iti<29R. The remaining 2,wo feet wM be completed N early sprint pm1na 4 WCATION 494 Ll Agenda Information Memo April 18, 1989 City Council Meeting There are twenty-five (25) 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 itmes in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Land Development/Design Engineer -- Approximately 30 applications were received for this new professional engineering position. After screening, nine applicants are scheduled to be interviewed on Friday, April 14, 1989, by Director of Public Works Colbert, Assistant City Engineer Foertsch and Assistant to the City Administrator Duffy. After interviews, further reference checks will be conducted. It is expected that the name of the candidate who is recommended for hire will be given to the .Council with. the Administrative packet on Monday or at the Council meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the hiring of the candidate yet to be named as Land Development/Design Engineer for the City of Eagan, subject to successful completion of the City's physical examination requirement. Item 2. Accountant I -- Approximately 275 applications were received for this new technical position. After screening, 33 applicants were invited to the municipal center for a written examination. From the testing results, six applicants have been scheduled for an interview to be held on Monday, April 17, 1989. The interviews will be conducted by Director of Finance/City Clerk Vanoverbeke, Assistant Finance ,Director Damlo, and Assistant to the City Administrator Duffy. After interviews, further reference checks will be conducted. It is expected that the name of the candidate who is recommended for hire will be given to the Council at the Council meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the hiring of the candidate yet to be named as Accountant I for the City of Eagan, subject to successful completion of the City's physical examination requirement. Agenda Information Memo April 18, 1989 City Council Meeting Item 3. Seasonal Utility Maintenance Worker -- a. The name of a seasonal utility maintenance worker was inadvertently omitted from the April 4, 1989 Council packet. Since the worker was scheduled to begin work on April 10, the City Administrator approved the hiring as he has been previously authorized to do by the City Council in the case of seasonal workers. The worker's name is Bruce Koopmeiners. This item is for the Council"s information and requires no action. b. It is the recommendation of Superintendent of Utilities Connolly that Jeffrey Horsman be hired as a ,seasonal utility maintenance worker. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Jeffrey Horsman as a seasonal utility maintenance worker. Item 4. Seasonal Park Workers -- After interviews, it is the recommendation of Superintendent of Parks VonDeLinde that the following persons be hired as seasonal workers for the following positions: Seasonal Park Maintenance Workers Seasonal Park Attendants: Seasonal Ballfield Attendants: Seasonal Forestry Technicians: Larry Andersen Christopher Darwitz Mike Finnegan Brian Gual Tyrone Johnson Loren Leversedge Gary Rutherford Dave Smith Brent Tait Rebecca Verwey Chris Erickson Kathy Liberty Dean Downs Brett Knudson Thomas Mullen Shannon Nelson David Walker ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of the above listed persons as seasonal workers for the Park and Recreation Department. Item 5. Administrative Intern -- The City Administrator has received a letter of resignation from Daniel Mundahl, the City's present Administrative Intern. Mr. Mundahl has been appointed Assistant to the County Coordinator for Rice County. In his letter, he thanks the City Administrator ,for the opportunity to gain experience and for his guidance. Colleges and other municipalities have been notified regarding the vacancy for an administrative intern and an advertisement has also been placed. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Daniel Mundahl as Administrative Intern. Agenda Information Memo April 18, 1989 City Council Meeting PLUMBERS LICENSES B. Plumbers Licenses --There are three (3) firms who have applied for plumbers licenses. All applicants have satisfied the City Code regulations and are in order for consideration. The list of plumbers include the following: 1. Hokanson Plumbing 2. J and C Plumbing„ Inc. 3. Regency Plumbing ACTION TO BE CONSIDERED ON. THIS ITEM: To approve the three plumbing licenses as presented. PROCLAMATION/CITY OF EAGAN ARBOR DAY C. Proclamation for City of Eagan Arbor Day --The City of Eagan is recognizing Saturday, April 29, 1989 as Arbor Day with an official ceremony beginning at 10:00 a.m. at Thomas Lake Park. Enclosed on page 10 is a copy of a resolution urging citizens to become more aware of the importance of trees and to participate in city tree planting programs. Also enclosed on pages \A through t'i is a.memo from Director of Parks and Recreation Vraa regarding the Eagan Arbor Day activities. First Bank Eagan is participating in the City's Arbor Day and Eric Iverson, president of the bank, will be at the City Council meeting to make a presentation to each member of the City Council. It is suggested that this item be removed from the Consent Agenda to recognize Mr. Iverson. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution entitled Eagan Arbor Festivities. CITY OF EAGAN RESOLUTION EAGAN ARBOR FEST1 WHEREAS, trees were a significant attraction to Minnesota's settlers because of their usefulness and the beauty they provided; and WHEREAS, trees are a most valuable resource in Minnesota and Eagan today - purifying our air and water, helping conserve our soil, serving as recreational settings, providing habitat for wildlife of all kinds, and enriching our lives in so many important ways; and, WHEREAS., pollutants, tree diseases, and urban expansion have damaged and continued to threaten our trees., creating the need for reforestation programs and concerted public action toward ensuring the future of our City's urban forests; and WHEREAS, each year the people of Minnesota pay special attention to the wonderful gift that our trees represent and dedicate themselves to the continued health of our state's trees,; and, WHEREAS, the City of Eagan has been recognized as a Tree City USA community by The National Arbor Day Foundation and desires to continue its tree -planting programs, NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby proclaim Saturday, April 29., 1989 to be ARBOR DAY and the month of May, 1989 to be ARBOR MONTH in the City of Eagan. BE IT FURTHER RESOLVED that the Mayor and Council further urge citizens to become more aware of the importance of trees to the well-being of our City and State; and to participate in City tree planting programs which will ensure a greener place for our citizens to Live in the decades to come. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor By: Its Clerk 0 MEMORANDUM TO: CITY COUNCIL MEMBERS I TOM HEDGES, CITY ADMINISTRATOR FROM:/ KEN VRAA, DIRECTOR OF PARKS li RECREATION DATE: APRIL 12, 1989 RE: EAGAN ARBOR DAY - FIRST BANK EAGAN The Parks and Recreation Department will again be sponsoring Arbor Day festivities; this year it will be on Saturday, April 29th, at Thomas Lake Park. Attached is a resolution for adoption by the City Council which recognizes April 29th as Arbor Day and the month of May, to be Arbor Month in the City of Eagan. The department hopes that the festivities planned for the 29th will help people recognize the value and the resource that trees are to Minnesota and to Eagan. This year, the department has solicited the support of first Bank Eagan, and in particular, Eric Iverson, president. In conjunction with the department, First Bank Eagan, will be providing financial support for carrying out several activities during Arbor Day and Arbor Month. They will be purchasing 900 tree seedlings through the Minnesota Forestry Association. Tags will be stapled to the outside of each seedling bag identifying First Bank and the Eagan Parks and Recreation Department as a contributor. Eagan First Bank is also sponsoring a tree give-away as a premium to new customers during the month of April. Department of Parks and Recreation is. assisting with the acquisition of these trees and their distribution to the public on May 6th. The Bank has made a commitment to cover the expense for the design and printing of a 1989 Eagan Arbor Month poster. Acknowledgement to First Bank will be made on the bottom of the poster. These are to be given away by the bank and the department. The department is also coordinating with the City's elementary schools in having a coloring contest for all third grade students. Students will be drawing and coloring pictures that best represent Arbor Day to them. A winner will be selected from each school and a grand prize winner will be chosen from all participating entries. The grand prize winner would have his/her drawing integrated into the design of the 1990 Arbor Day poster. That poster would then be distributed to the students in the schools in 1990, and also the general public. In addition, each of the school winners will receive a tree to plant at their school and a sweat shirt with the Eagan Tree City U.S.A. logo printed on the front. These gifts and the design and printing costs for the poster would be paid through the donation of First Bank Eagan. EAGAN ARBOR DAY PAGE TWO At the City Council on April 18th, Eric Iverson, President of First Bank Eagan, will be attending the City Council meeting for the adoption of the resolution for Eagan Arbor Day and Arbor Month, and in addition will present to each of the Council members a sweat shirt with the Eagan Tree City U.S.A. logo on it. A sincere thanks from the Parks and Recreation Department staff on behalf of the community has been expressed to Mr. Iverson, and a sincere hope that we will be able to continue this public/private partnership for next year's program! KV/bls Agenda Information Memo April 18, 1989 City Council Meeting RECEIVE REPT/FEASIBILITY REPT/COVENTRY PASS D. Project 566, Receive Petition/Order Feasibility Report (Coventry Pass - Trunk Utilities) --With the recent approval of the preliminary plat for the above -referenced subdivision, the developer has submitted a petition requesting the City to prepare the feasibility report and simultaneous preparation of detailed plans and specifications for the installation of trunk sanitary sewer, water and storm sewer facilities necessary to service this proposed subdivision. With all guarantees being provided with the submittal of the petition, it would be in order for the Council to accept this petition and authorize the appropriate reports and plans. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for Project 566 (Coventry Pass - Trunk Utilities) and authorize the preparation of a feasibility report and detailed plans and specifications. BIDS/AWARD CONTRACT/CLIFF RD BOOSTER PUMP E. Contract 88-09, Receive Bids/Award Contract (Cliff Road - Booster Pump) --At 10:30 a.m., on Thursday, April 13, 1989, formal bids were received for the installation of the booster pump to be installed in the Cliff Road Booster Station necessary to maintain adequate water supply and pressure to the southern portion of Eagan 'ng the summer construction season of 1989. Enclosed on page aT is a tabulation of the bids received with a comparison to the Engineer's estimate. All bids will be evaluated for accuracy and compliance with the specifications and any deviations affecting the. low bidder will be discussed at the April 18 Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 88-09 (Cliff Road - Booster Pump) and award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents: I� CLIFF ROAD BOOSTER STATION PUMP CONTRACT NO. 89-06 PROJECT NO. 531 EAGAN, MN. CONTRACTORS 1. NW Mechanical 2. Richmar Constr. 3. ABE Construction 4. A & K Construction 5. New Mech LOA BID ENGINEERIS ESTIMATE FEASIBILITY REPORT ESTIMATE % OVER (+) UNDER (-) (E.E.) % OVER (+) UNDER (-) (F.R.) 1� BID DATE: APRIL 13v 1989 BID TIME: 10:30 A.M. TOTAL $ 7,950_00 9,647.00 9,650.00 9,995.00 11,350.00 $ 7,950.00 $ 20,000.00 $ 21,000.00 - 60.3% - 62.1% Agenda Information Memo April 18, 1989 City Council Meeting BIDS/AWARD CONTRACT/FIRE STATION #1 PRING LOT F. Contract 88-28, Receive Bids/Award Contract (Fire Station #1 Parking Lot) --At 10:30 a.m., on Wednesday, April 12, 1989, formal bids were again received for the upgrading and reconstruction of the parking lot within Fire Station #1. Enclosed on page is a tabulation of the bids received as compared to the Engineer's estimate contained in the feasibility report. The bids were originally solicited in the fall of 1988 and subsequently rejected by Council action on December 6, 1988, as being approximately 20% over the Engineer's estimate. All bids will be reviewed for their accuracy and compliance with specifications with any deviations by the low bidder and/or comments by the fire department being provided at the Council meeting on April 18, 1989. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 88-28 (Fire Station #1 - Parking Lot Improvements) and award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. PARKING: LOT CONSTRUCTION FIRE STATION NO. 1 CONTRACT NO. 88-28 FOR EAGAN, MINNESOTA BID TIME: 11:30 A.M. BID DATE: APRIL 12,.1989 FEASIBILITY REPORT ESTIMATE ENGINEER'S ESTIMATE % OVER (+) UNDER (-) (F.R.) % OVER (+) UNDER (-) (E.E.) c�p $ 25,485.00 $ 21,500.00 - 30.1% - 17.2% CONTRACTOR TOTAL 1. Munn Blacktop, Inc. $ 17,804.25 2. McNamara Construction Co., Inc. 18,495.00 3. Valley Paving, Inc. 18,750.35 4. Barber Construction 19,112.00 5. Bituminous Roadways, Inc. 19,373.65 6. Ace Blacktop, Inc. 19,799.30 7. H.L. Johnson Co. 19,864.00 8. Alexander Construction Co. 21,459.75 LOW BID $ 17,804.25 FEASIBILITY REPORT ESTIMATE ENGINEER'S ESTIMATE % OVER (+) UNDER (-) (F.R.) % OVER (+) UNDER (-) (E.E.) c�p $ 25,485.00 $ 21,500.00 - 30.1% - 17.2% Agenda Information Memo April 18, 1989 City Council Meeting BIDS/AWARD CONTRACT/FIRE STATION #1 PRING LOT G. Contract 88-34, Receive Bids/Award Contract (Alden Ponds - Streets & Utilities) --At 10:,30 a.m., on March 3, 1989, formal bids were received for the installation of streets and utilities within the proposed Alden Ponds development. Enclosed on page is a tabulation of those bids received with a comparison to the engineer's estimate and the feasibility report. The delay in presenting these bids to the City Council for formal consideration resulting from the developer's inability to comply with the conditions of final plat approval necessary prior to formal contract award. With the final plat approval being recommended on this agenda, it is now in order for the Council to receive the bids and consider awarding the contract. All bids have been reviewed and verified by our consulting engineer and found to be in order for favorable Council action. ACTION, TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 88-34 (Alden Ponds - Streets & Utilities) and award the contract to Fredrickson Excavating Company, Inc_, and authorize the Mayor and City Clerk to execute all related documents. l� ALDEN POND STREETS, UTILITIES AND APPURTENANT WORK PROJECT NO. n2 CT ,NO. --W--;34 RAGAN, MINNESOTA BID TIME: 10:30 A.M. BID DATE: FRIDAY, MARCH 3, 1989 CONTRACTORS TOTAL BASE BID 1. Fredrickson Exc. Co. $ 506,184.50 2. Richard Knutson, Inc. 518,335.85 3. S. M. Hentges & Sons 528,089.19 4. Ceca Utilities 540,481.98 5. Lake Area Utilities 542,122.25 6. Brown & Cris 550,351.81 7. Birchville Const. 552,142.72 8. Landweir 553,018.50 9. Lametti & Sons 557,000.00 10. Austin P. Keller 557,235.24 11. O & P Contracting 560,814,30 12. Chamel Const. Co. 563,964.65 13. P.C.I. 572,415.39 14. Albrecht Exc., Inc. 579,702.47 15. F. M. Frattalone 582,403,00 16. Nodland Const. Co. 593,263.40 17. G. L. Contracting 604,066.32 18. J. P. Norex 611,799.58 19. Rice Lake Contracting 612,158.90 LOW BID $506,184.50 FEASIBILITY REPORT ESTIMATE $591,300.00 ENGINEER'S ESTIMATE $588.,000.00 % OVER (+) UNDER (-) (P.R.) -14.4% % OVER (+) UNDER (-) (E.E.) -13.9$ I l� Agenda Information Memo April 18, 1989 City Council Meeting FINAL ASSMT ROLL/RINDERCARE H. Project 544, Final Assessment Roll/Order Public Hearing (Mallard Park - Streetlights) --The installation of the streetlights within the Mallard Park Addition has been completed and all costs associated with that project has been tabulated with the final assessment roll now being presented to the Council in consideration of scheduling the final assessment hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 544 (Mallard Park - Streetlights) and schedule a public hearing to be held on May 15, 1989. PROJECT 523 RECEIVE FINAL ASSESSMENT ROLL/ ORDER PUBLIC HEARING (STONEY POINT 8 BLACRHAWR PONDS/TRUNK WATER MAIN)' 1. I. Project 523, Receive Final Assessment Roll/Order Public Hearing (Stoney Point 6 Blackbawk Ponds - Trunk Water Main) --The installation of the trunk water main under the above -referenced project has now been completed, all costs tabulated, and the final assessment roll prepared. This roll is being presented to the City Council at this time for review and consideration of scheduling a formal public final assessment hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 523 (Stoney Point and Blackhawk Ponds - Trunk Water Main) and order the final assessment public hearing to be held on May 15, 1989. J. Project 515, Receive Final Assessment Roll/Order Public Hearing (Dodd Road - Overlay) --The installation of the bituminous overlay for Dodd Road and Farm Road under the above -referenced project has now been completed, all costs tabulated, and the final assessment roll prepared. This roll is now being presented to the City Council for review and consideration of scheduling a formal public final assessment hearing. ACTION TO BE CONSIDERED ON THIS ITEM: assessment roll for Project 515 (Dodd Road public hearing to be held on May 15, 1989. To receive the final - Overlay) and order the Agenda Information Memo April 18, 1989 City Council Meeting PROJECT 530, RECEIVE FINAL ASSESSMENT ROLL/ ORDER PUBLIC HEARING (KINDERCARE - WATER MAIN) K. Project 530., Receive Final Assessment Roll/Order Public Hearing (Kindercare-Water Main) --The installation of the water main under the above -referenced project has now been completed with all costs being tabulated and the final assessment roll being prepared. This roll is now being presented to the City Council for their information and consideration of scheduling a formal public final assessment hearing.. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 530 (Kindercare - Water Main) and schedule the final assessment hearing to be held on May 15, 1989. APPROVE FINAL PLAT, ALDEN PONDS L. Approve Final Plat, Alden Ponds --The staff has received an application for final plat approval for the Alden Ponds development located east of Coachman Road a d south of Four Oaks Road as shown by the map enclosed on page . All conditions placed on the preliminary plat approval on July 5, 1988, have been satisfactorily complied with. All final plat application materials have been submitted, thoroughly reviewed by staff and found to be in order for satisfactory Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Alden Ponds Addition and authorize the Mayor and City Council to execute all related documents. M —1 E FA 2"%% Y. t . C Nr i% 77 7 7 111 1111......:::11 CQ . . . . . . . . . . . . . . . ... . dui jil --I SIM) v"(13 _ _ ii Nr i% Agenda Information Memo April 18, 1989 City Council Meeting PROJECT 564, RECEIVE PETITION/AUTHORIZE FEASIBILITY REPORT AND DETAILED PLANS (RAHNCLIFF 2ND ADDITION -STREETS AND WATER MAIN), M. Project 564, Receive Petition/Authorize Feasibility Report and Detailed Plans (Rahncliff 2nd Addition- Streets and Water Main) -- The staff has received a petition from the developer of the Rahncliff 2nd Addition requesting the City to proceed with the installation of the channelization improvements to Cliff Road and Rahn Road intersection south of Cliff Road to accommodate the increased amount of traffic associated with the development of this addition. Also, water main is being requested along the southern boundary of this development. All guarantees for costs to be incurred for the preparation of this report and plans have been guaranteed by the petitioner. Therefore, it would be in order for the Council to give favorable consideration to this request. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for Project 564 (Rahncliff 2nd Addition -Streets and Water Main) and authorize the preparation of a feasibility report along with detailed plans and specifications. PROJECT 565, AUTHORIZE FEASIBILITY REPORT AND REQUEST FOR PROPOSALS (CLIFF ROAD WATER TREATMENT PLANT) N. Project 565, Authorize Feasibility Report and Request for Proposals (Cliff Road Water Treatment Plant) --With the continued growth of the community, the present Water Treatment Plant is fast approaching the design capacity originally anticipated to provide service to the City past the year 2000. Due to this approaching capacity limitation, the City has been installing new wells in the south well field along Cliff Road. With the recent revision and update of the Comprehensive Water Supply & Distribution Plan adopted by Council action on October 6, 1988, it is recommended that the City proceed with the formal study of constructing another 10 million gallon per day Water Treatment Plant facility on the present Cliff Road reservoir site. Therefore, staff is requesting authorization to proceed with the detailed feasibility study report and to formally solicit requests for proposals from qualified engineering firms to help the City in its selection of a particular firm to proceed with this feasibility report and detailed plans and specifications. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the feasibility report for Project 565 (Cliff Road Water Treatment Plant) and to authorize the solicitation for requests for proposals from professional consulting engineering firms for design services. Agenda Information Memo April 18, 1989 City Council Meeting APPROVE FINAL PLAT, BLACRHAWR RIDGE 2ND ADDITION O. Approve Final Plat, Blackhawk Ridge 2nd Addition --The staff has received an application for final plat approval for the Blackhawk Ridge 2nd Addition located south of Blackhawk H' is Road adjacent to I -35E as shown by the map enclosed on page I. All conditions placed on the preliminary plat approval by Council action on September 15, 1887, 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: To approve the final plat for the Blackhawk Ridge 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. a3 09AINAGE AND UTILITY ElYWM15 ARGI,5NOWN TNU5' x....�nva rnra.< ..Iq rui e IJ � l Z F' F p:Y ,✓ nr.r+ 'wiai rr .j: arJ9 K C l Y r! G. J eel' w Ee,r r j �Td 20 I6 Yy` �r 2• 24 -' :L o. i� tf..i2 •a.a. 1 e.o e EXHIBIT "A." BLACKHAWK RIDGE 2 nd ADDITION .,Al_m1/1. I;IVOI �: J..n•n Iwin.< 1 12 � l4 21 Y• t �Y •8Y a Y r! Ee,r r j �Td 20 I6 Yy` �r 2• •a.a. 1 e.o ..In.. ^nv; b. nllllrr Ir • P.PL EEP EXHIBIT "A." BLACKHAWK RIDGE 2 nd ADDITION .,Al_m1/1. I;IVOI �: J..n•n Iwin.< 1 12 <yqA< l4 Y• t �Y •8Y a Y r! r j �Td I6 r•.-. �. .gra_ r. _ m..w .r r...... I6 �r 1. n..r •,._.. YT/w n..r,.._. nrt...._.,r_ .n rn..e..Y .r.r tl...A _ I, r. r. rl. N.ra. N Y. Mr. amM. rrw. M... �n..� � r rte^.. r �..nr�h•i • nw s I.�w '""ter ^r rwr.sm • — •�r-��.r .r'wr� �i.�i+�r vF••rrm. n �..rT��r�r� r•F� w ow r• n...... ... r._.., .... .�.�.e..._........r...r......_...rnri_......r. nl.. ..n e.. rr..r .. �.r.+.n mll< � m tiw _pr, w. � � nn s•.11 er Pie •Iver., m._ rnu srn. w.�.+ _ , .r r M �. nor• r..r.�r „ y. ,..n ......n _ .y= Agenda Information Memo April 18, 1989 City Council Meeting CONTRACT '88-24. APPROVE CHANGE ORDER #1 (LEXINGTON AVENUE RESERVOIR) P. Contract 88-24, Approve Change Order #1 (Lexington Avenue Reservoir) --Due to the 9 month delay in awarding the Contract for the Lexington Avenue 4.0 million gallon water reservoir to be constructed at Lexington Avenue and Diffley Road, the contractor has experienced price increases from his subcontractors and material suppliers. In consideration of the contractor agreeing to maintain his low bid beyond the period of time required in the bid specifications, it is appropriate to approve a Change Order acknowledging the price increases which still provide the City with the lowest bid possible for the construction of this facility. This Change Order results in an addition of $15,300.00 to the low bid of $736,890.00. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1, Contract 88-24 (Lexington Avenue Reservoir) and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo April 18, 1989 City Council Meeting PROJECT 562, RECEIVE REPORT (WELL #14) Q. Project 562, Receive Report (Well #14) --On March 21st, the Council authorized the preparation of a feasibility report along with detailed plans and specification for the development of Well #14 to be located within Thomas Lake Parkadjacent to Pilot Knob Road. Enclosed on pages �27 through is a copy of the feasibility report describing the details associated with this proposed continuation of the City's development of this water supply system. A neighborhood meeting has been scheduled for 6:30 p.m., Wednesday, April 26th at, City Hall to inform all potentially affected property owners within 350' of this site of the pending development of this well site. Since the financing of this well is provided through connection charges levied with new 'building permits, there are no special assessments proposed or associated with this project. Therefore, the public hearing process is not necessary except for its information benefit which is anticipated to be fulfilled through the personalized neighborhood meeting scheduled for April 26th. It is anticipated that the formal bids will be received for Council consideration of contract award for this well at the May 2nd Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 562 (Well #14) and authorize the continuation of the project process. Report Deep Well No. 14 Eagan, Minnesota City Project No. 562 April, 1989 File No. 49483 .�q Engineers & Architects April 3, 1989 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Deep Well No. 14 Project No. 562 Our File No. 49483 Dear Mayor and Council: Do. G, Bonegm,, P.E. Rol W Rosene, PE. Joseph C. Anderlik, RE. Bradford%A. Lemberg, P.E. RiWara E. Turner, P.E. James C Olsdn PE. Glenn R. Cook PE. Thomas E Noyes, P.E. Robert G SdonichL PE. Marvin L Sorvala, P.E. Kelth A, Cordon P.E. Richard W..Eoster, P.E. Donald C, Burgarm. RE, Jerry A. Bourdon, AE. Mark A. Hanson, PE. Ted K_ Field, PE Mkhael T Rautmann, P.F. Robert R. PreMerle, RE. David O, Wskma, PE. Thomas W Peterson. PE Michael C. Lynch. PE James R Maland, PE Kenneth F. Anderson, PE KeRh A. BachmannP.E. Mark R. Rolls, RE. Robert C Roalek. ALA. Thomas E. Argus, P.E. Howard A. Sanford, PE. Damel J Edgerton, P.E. Mark A Seo RE. Philip J Caswell,R.E, Mark'D Wall, PE, Charles A, Erickson Ltd M. PawelAy Harlan M, Olson Susan M, Eberlin, C.P.A. Transmitted herewith is our report for the construction of Deep Well No. 14 to be located in Thomas Lake Park. This report covers the deep well and the associated pump and pumphouse. We will be pleased to meet with the Council and other interested parties at your convenience to discuss all aspects of this project. Yours very truly, BEST/ R00, ROSENEERLIK 8 ASSOCIATES, INC.. Richard W. Foster, P.E. Robert W. Rosene, P.E. RWF:RWR:li Approved Date: RPT49483 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota., Richard W. Foster Date: April 3. 1989 r%;(; Reg. No. 11609 Bonestroo `a'�•y�--��-tt55 Ilt:ai Rosene __&a:I Anderlik & {; `.� Associates Engineers & Architects April 3, 1989 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Deep Well No. 14 Project No. 562 Our File No. 49483 Dear Mayor and Council: Do. G, Bonegm,, P.E. Rol W Rosene, PE. Joseph C. Anderlik, RE. Bradford%A. Lemberg, P.E. RiWara E. Turner, P.E. James C Olsdn PE. Glenn R. Cook PE. Thomas E Noyes, P.E. Robert G SdonichL PE. Marvin L Sorvala, P.E. Kelth A, Cordon P.E. Richard W..Eoster, P.E. Donald C, Burgarm. RE, Jerry A. Bourdon, AE. Mark A. Hanson, PE. Ted K_ Field, PE Mkhael T Rautmann, P.F. Robert R. PreMerle, RE. David O, Wskma, PE. Thomas W Peterson. PE Michael C. Lynch. PE James R Maland, PE Kenneth F. Anderson, PE KeRh A. BachmannP.E. Mark R. Rolls, RE. Robert C Roalek. ALA. Thomas E. Argus, P.E. Howard A. Sanford, PE. Damel J Edgerton, P.E. Mark A Seo RE. Philip J Caswell,R.E, Mark'D Wall, PE, Charles A, Erickson Ltd M. PawelAy Harlan M, Olson Susan M, Eberlin, C.P.A. Transmitted herewith is our report for the construction of Deep Well No. 14 to be located in Thomas Lake Park. This report covers the deep well and the associated pump and pumphouse. We will be pleased to meet with the Council and other interested parties at your convenience to discuss all aspects of this project. Yours very truly, BEST/ R00, ROSENEERLIK 8 ASSOCIATES, INC.. Richard W. Foster, P.E. Robert W. Rosene, P.E. RWF:RWR:li Approved Date: RPT49483 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota., Richard W. Foster Date: April 3. 1989 r%;(; Reg. No. 11609 SCOPE: This project provides the construction of another well for the Eagan Municipal Water Supply. Well No. 14 is to be located near Pilot Knob Road within the Thomas Lake Park. The well site layout is shown on Figure 1. FEASIBILITY AND RECOMMENDATIONS: This project is feasible from an engineering standpoint and is in accordance with the long range water supply planning in the Water Supply and Distribution Plan of the City of Eagan. This project can best be carried out under two contracts. The first will cover the drilling of Deep Well No. 14 and the second will cover the construction of the pumping equipment and the pumphouse. The raw water trunk main to be utilized by this well has been constructed as a part of the reconstruction of Pilot Knob Road (Co. Rd. No. 31) under Project 466. DISCUSSION: Deep Well - This project covers the construction of a well in the Jordan Sand- stone aquifer. The well will be approximately 500 feet deep. This is an ex- cellent aquifer capable of providing wells of from 1200 to 1400 gallons per minute (GPM) capacity. In the Eagan area, the Jordan sandstone is capped with the Shakopee-Oneota limestone layer which helps to minimize the possibility of contamination of the Jordan aquifer from groundwater in the surface stratas above the Jordan. The groundwater in the Jordan strata in Eagan generally flows from the south to the Minnesota River and has a static water level from 120 to 130 feet below the surface of the ground. The top of Shakopee Oneota strata is usually from 230' to 240' below the surface and the Jordan strata is generally 390' to 400' below the surface. The Jordan formation is usually from 80' to 100' thick. Page 1. RPT49483 Pump - A line shaft turbine pump is recommended for this well. With this pump assembly, the electric motor is mounted vertically above the pump head in the pumphouse. The pump impellers are located sufficiently below the expected lowest level of drawdown to prevent the possibility of drawing air. The elec- tric motor rotates the pump by use of the line shaft in the column pipe which extends from the motor and pump head down to the pump. The vertical turbine pump is the most easily serviced and is the most economical installation for the setting depth of a Jordan well. Pumphouse - The pumphouse proposed for this well is unique in that it will not only serve as the control pumphouse for this well but also as a Park and Recreation structure for Thomas Lake Park. This well is located within Thomas Lake Park which was constructed, in part, with State and Federal funds under the Federal Land and Water Conserva- tion (LAWCON) program and the state Legislative Commission on Minnesota Re- sources (LCMR) program. These programs do not allow other than park uses within the Park boundaries without going through a formal approval by State and Federal Agencies that demonstrate increased benefit to the public recre- ational aspects of the Park by the construction of the additional use. In this case, the pumphouse is proposed to be increased in size and func- tional design to serve.as an information center and picnic/rest area for park. and Highline Trail users. The .structure will have a covered porch on the west_ side and a large covered patio on the north side. The facility will provide a convenient rest and information center with space to seat 24 persons at picnic tables on the covered patio. Orientation graphics for the trail system and for the .wild prairie grasses and flowers of Thomas Lake Park can be exhibited Page 2. RPT49483 3() on the porch. A drinking fountain and a spigot for the watering of lawn and plantings around the structure will also be provided. The pumphouse portion of the structure remains approximately 360 sq.ft. and will have the customary electric control panel and pumphouse equipment. The pumphouse will be constructed of concrete block for permanence with a considerable amount of wood being used for exterior surfacing and roof con- struction so as to blend architecturally with the other park structures. The proposed dual use facility has been favorably received by state and local recreational authorities. The City would be able to obtain the use of a portion of the park without interfering with park uses and without purchasing a separate, well site or replacement land and the Park Department receives a facility that will enhance the use of the park and Highline Trail. The pro- posal is currently awaiting final Federal approval. The proposed structure is estimated to cost approximately $25,100 more than the normal $120,000 pumphouse. Supply Main - The existing 24" diameter raw water supply main in Pilot Knob Road has a 12" diameter service line installed to the vest right-of-way line at the well location in anticipation of its construction as shown in the long range Master Plan for wells in this area. Easements - Because the well is located within City owned property, no ease- ments are required. Page 3. RPT49483 3( ASSESSMENT AREA No assessments are required for this project. Wells and related facilities are paid for from water supply and storage charges levied with each building permit or land development. COST ESTIMATES A detailed cost estimate is presented in Appendix A at the back of this report. The total estimated project cost is $412,140 which includes contingencies and related overhead. PROJECT SCHEDULE Present Feasibility Report Approve Well Plans and Specifications Receive Well Bids Public Hearing/Award Well Contract Approve Pumphouse Plans and Specifications Award Pumphouse Contract Complete Well Construction Well No. 14 Operational Complete Pumphouse Construction Page 4. RPT49483 3� April 18, 1989 April 4, 1989 April 26, 1989 May 2, 1989 July, 1989 August, 1989 October, 1989 April, 1990 May 1, 1990 APPENDIX A PRELIMINARY COST ESTIMATE DEEP WELL NO. 14 PROJECT NO. 562 1. Deep Well $140,000 2. Well Pump 30,000 3. Pumphouse, Equipment and Controls 120,000 4. Additional Recreational Features 25,100 5. Field Piping 12.000 Sub Total $327,100 5Z Contingencies 16,350 $343,450 +20Z Legal, Engrng. & Admin. 68,690 TOTAL ......................... $412,140 Page 5. RPT49483 33 LAKE B BITUN TRAIL 9 THOMAS L�AKE P ARK PILOT WELL 14 - SITE PLAN EAGAN, MINNESOTA Clr �m p2 I� Bar.lree ......... AjW rllk A Hale: MAR. 1989 Comm 49483 Fig. No. I EXFUBiT D Agenda Information Memo April 18, 1989 City Council Meeting PROJECT 563, RECEIVE REPORT (WELL #15) R. Project 563, Receive Report (Well #15) --On March 21st, the Council authorized the preparation of a feasibility report along with detailed plans and specification for the development of Well #15 to be located within the Fire Station No. 3 site adjacent to Pilot Knob Road. Enclosed on pages3 through 4-31isa copy of the feasibility report describing the details associated with this proposed continuation of the City's development of this water supply system. A neighborhood meeting has been scheduled for 6:30 p.m., Wednesday, April 26th at City Hall to inform all potentially affected property owners within 350' of this site of the pending development of this well site. Since the financing of this well is provided through connection charges levied with new building permits, there are no special assessments proposed or associated with this project. Therefore, the public hearing process is not necessary except for its information benefit which is anticipated to be fulfilled through the personalized neighborhood meeting scheduled for April 26th. It is anticipated that the formal bids will be received for Council consideration of contract award for this well at the May 2nd Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 563 (Well #15) and authorize the continuation of the project process. 3� .Report Deep Well No. 15 Eagan, Minnesota City Project No. 563 April, 1989 File No. 49484 3(�v Sonestroo Rosene Anderlik & j' Associates Engineers & Architects April 3, 1989 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re Deep Well No. 15 Project No. 563 Our File No. 49484 Dear Mayor and Council: Osco G Sones roc, P.E. Ruben W Rosen,, PE. Joseph C Andeillk, P.E. Bradford A Lemberg, PE RichardE. Turner,PE. James.0 Olson, P.E. Glenn R Cool, PE. Thomas E Noyes. P.E. Robert G Schunkht. RE MaMn L Sola, P.E. Keith'A, Sanson, P.E. Richard W Foster PE, Donald E. Busgardt. RE. Jerry A. Bourdon PE. Mark A. Hanson, P.E. Ted K. Field,PE Michael T Rautmann, PE. Robert RFlefferle, RE, David' O.doskota, P.E. Thomas W. Peterson, RE. Michael C. Lynch, P.E. James R. Maland. P.E. Kenneth R. Anderson, PE. Keith A. Bachmann,RE. Mark R. Rolh, P.E. Robert C. Russell A.I.A. Thomas E. Angus, P.E. Howard A. Sanford, RE, Daniel J Edgerton, P.E. Mark A, Seip, P.E. Phlhp J' Caswell, RE. Mark D Walks, P.E. Chanes A. Erickson Leo M. Pawelsky Harlan M. Olson Susan M, Eberlin., CPA, Transmitted herewith is our report for the construction of Deep Well No. 15 to be located on the site of Fire Station No. 3 just west of the Cooperative Power Association Sub -station. This report covers 'the deep well and the associated pump and pumphouse facilities. We will be pleased to meet with the Council and other interested parties at your convenience to discuss all aspects of this project. Yours very truly, BONNEESTR00, ROSENE, ANDERLIK Richard W. Foster, P.E. Robert W. Rosene, P.E. RWF:RWR:li & ASSOCIATES, INC. r. Approved By: < Date: y le -a I hereby certify that this report Less prepared by me or under my direct supervision and tha:. I am a duly Registered Professional Enginee under the laws of the State/of Minnesota. Richard W. Foster Date: April 3_ _959 _ Rc_g.. No. 11609 RPT49484 2335 West Highway 36 • St. Paul, MinnescitS71 F 6'72-636.4600 SCOPE: This project provides the construction of an additional well for the Eagan Municipal Water Supply. Well No. 15 will be located on the northern portion of the site of Fire Station No. 3 immediately west of the Cooperative Power Association Sub -station. The well site layout is shown on Figure 1. FEASIBILITY AND RECOMMENDATIONS: This project is feasible from an engineering standpoint and is in accordance with the long range water supply planning outlined in the Water Supply and Distribution Plan of the City of Eagan. This project can best be carried out under two contracts. The first contract will cover the drilling of Deep Well No. 15 and the second will cover the construc- tion of the pumping equipment and pumphouse. The raw water trunk main to be utilized by this well has been constructed in Pilot Knob Road as a part of the reconstruction of Pilot Knob Road (Co. Rd. No. 31) under Project 466. DISCUSSION: Deep Well - This project covers the construction of a well in the Jordan Sand- stone aquifer. The well will be approximately 500' deep. This is an excel- lent aquifer capable of providing wells of from 1200 to, 1400 gallons per minute (GPM) capacity. In the Eagan area, the Jordan Sandstone is capped with the Shakopee-Oneota limestone layer which helps to minimize the pcssibility of contamination of the Jordan aquifer from groundwater in the surface stratas above the Jordan. The groundwater in the Jordan strata in Eagan generally flows from the south to the Minnesota River and has a static water Level from 120 to 130' below the surface of the ground. The top of the Shakopee-Oneota strata is usually from 230' to 240' below the surface and the Jordan strata is - 1 - RPT49484 11 generally 390' to 400' below the surface. The Jordan formation is usually from 80' to 100' thick. Pump - A line shaft turbine pump is recommended for this well. With this pump assembly, the electric motor is mounted vertically above the pump head in the pumphouse. The pump impellers are located sufficiently below the expected lowest level of drawdown to prevent the possibility of drawing air. The electric motor rotates the pump by use of the line shaft in the column pipe which extends from the motor and pump head down to the pump. The vertical turbine pump is the most easily serviced and is the most economical instal- lation for the setting depth of a Jordan well. Pumphouse - The pumphouse proposed for this well will be of concrete block with the necessary wood facing and have architectural treatment so as to blend well with the appearance of Fire Station No. 3 and the surrounding residential neighborhood. The landscaping will involve the reconstruction of a berm on the north and west sides of the pumphouse and the installation of plantings to blend in with the existing vegetation now on the site. The pumphouse will contain the electric control panel and pumphouse equipment. It will have access on the south side from the existing driveway. Supply Main - The existing raw water supply main in Pilot Y.ncb Road has a 12' diameter service line installed to the east right-of-way line at the well location in anticipation of the construction of this well. The constructice: of this well is shown in the long range Master Plan for Wells in this area. Easements - At the present time, Fire Station No. 3 is located on this prop- erty through a lease agreement with the Cooperative Power Association (CPA). 2 - RPT49484 3� A similar lease agreement has been entered into with CPA for the construction, development and operation of this well on the Fire Station site. An addi- tional easement will also have to be acquired on a small portion of the remaining Cooperative Power Association's site to accommodate the well's protective setback requirements. ASSESSMENT AREAS No assessments are required for this project. Yells and related water supply facilities are paid for from water supply and storage charges levied with each building permit or land development. COST ESTIMATES A detailed cost estimate is presented in Appendix A at the back of this report. The total estimated project cost is $380,500 which includes contingencies and related overhead. 3 - RPT49484 40 PROJECT SCHEDULE Present Feasibility Report Approve Well Plans and Specifications Receive Well Bids Public Hearing/Award Well Contract Approve Pumphouse Plans and Specifications Award Pumphouse Contract Complete Well Construction Well No. 15 Operational Complete Pumphouse Construction 4 - RPT49484 0 April 18, 1989 April 4, 1989 April 27, 1989 May 2, 1989 July, 1989 August, 1989 October, 1989 April, 1990 May 1, 1990 APPENDIX A PRELIMINARY COST ESTIMATE DEEP WELL NO. 15 PROJECT NO. 563 1. Deep Well 2. Well Pump 3. Pumphouse, Equipment and Controls 4. Field Piping Sub Total 5I Contingencies $142,000 30,000 120,000 10,000 $302,000 15,100 $317,100 +202 Legal, Engrng. 6 Admin. 63,400 TOTAL ......................... $380„500 5 - RPT49484 Su (OF- ER OlLoeF466, F.uO ZUo ADDlflo0 �Krc Poles i Lot to K LOT q LoTb -8q ---_ .-891--- � E>�4. LP 1,9 KV U61 r/ PRoP46ED JELL Tk r I AfJD PNHPf1oU5E � 20� a �, —I— I � — r - I � I r ❑ a\ N 401 lo' ❑ oEl 0 `. o < I I v .1 ❑ ❑ IIo13 �_ ❑ I I II Lj � ❑ IN I I H Q {I I 1 I- p N I I 1 -1 l 0o V � I � � ELEGTFIL 5�b-57AT1�II 0�+ to u I IZ 11 I N n ❑ I � 3 �}+ � FIS SVRo I I L.i I I • I I .111 I \\ SES 27F 1 - 1 i SOUTH LWf Of 00 '/+ W,T27F,P3� � I ,' `��---------195,02----- --�- -o 4 WILDERf�EsS (lN {.o/.p �"'°'; EAGAN, MINNESOTA FIG. 1 ,` DEEP WELL NO. 15 Com 49484 SITE _ PLAN �,..� _ 1.�., MAZ, „ 1,�, J Agenda Information Memo April 18, 1989 City Council Meeting CONTRACT 88-31, APPROVE CHANGE ORDER #1 (WELL #12 -COMPLETION DATE) S. Contract 88-31, Approve Change Order #1 (Well #12 - Completion Date) --Due to problems encountered with the water bearing formation (Jordan Aquifer), test pumping of this facility has resulted in a water bearing sand content greater than specifications as necessary to prolong the life of the pumping facilities and good water quality. Subsequently, the contractor has to develop the well head cavity through additional removal of the aquifer formation. This will result in an extension of the completion date originally specified for this contract from March 15th to April 21st. Due to this delay beyond the control of the contractor, it is recommended that no liquidated damages or penalties be assessed with this extension of completion. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1, Contract 88-31, (Well #12 -Completion Date) and authorize the Mayor and City Clerk to execute all related documents. CONTRACT 87-14, FINAL PAYMENVACCEPTANCE (COUNTRY HOLLOW SANITARY SEWER LIFT STATION EQUIPMENT) T. Contract 87-14, Final Payment/Acceptance (Country Hollow Sanitary Sewer Lift Station Equipment) --The delivery of the pumping equipment necessary to complete the sanitary sewer lift station installed within the Country Hollow addition has been satisfactorily fulfilled in accordance with the contractual requirements. Subsequently, the City has received a request for final payment from the contractor along with a certification from the consulting engineer of full compliance with City specifications. All final inspections of the equipment have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the second and final payment for Contract 87-14 (Country Hollow -Sanitary Sewer Lift Station Equipment) to Smith & Loveless, Inc. and accept the facilities for perpetual City maintenance and operation. 44 Agenda Information Memo April 18, 1989 City Council Meeting CONTRACT 87-12, FINAL PAYMENT/ACCEPTANCE (LEXINGTON SQUARE 6TH ADD. -STREETS A UTILITIES) U. Contract 87-12, Final Payment/Acceptance (Lexington Square 6th Addition -Streets & Utilities) --The City has received a request for final payment from the contractor for the above -referenced project which provided for the installation of streets and utilities along Northview Park Road servicing the Lexington Square 6th Addition along with a certification from our consulting engineering firm of satisfactory compliance to City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the seventh and final payment for Contract 87-12 (Lexington Square 6th Addition -Streets & Utilities) to Richard Knutson, Inc. and authorize the acceptance of the improvements for perpetual City maintenance. CONTRACT.87-17,.BLACKHAWK ROAD/STREETS V. Contract 87-17, Blackhawk Road/Streets--The City has received a request for final payment from the contractor for the above - referenced project which provided for the improvement of Blackhawk Road from Diffley Road to Deerwood Drive along with a certification from our consulting engineering firm of satisfactory compliance to City approved plans and specifications_ All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the ninth and final payment for Contract 87-17 (Blackhawk Road - Streets) to Preferred Paving, Inc. and authorize the acceptance of the improvements for perpetual City maintenance. Agenda Information Memo April 18, 1989 City Council Meeting W. Contract 87-41, Final Payment/Acceptance (8t. Francis woods 6th Addition -Streets & Utilities) --The City has received a request for final payment from the contractor for the above - referenced project which provided for the installation of streets and utilities south of Duckwood Drive and west of Lexington Avenue along with a certification from our consulting engineering firm of satisfactory compliance to City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the seventh and final payment for Contract 87-41 (St. Francis Woods 6th Addition -Streets & Utilities) to F. M. Frattalone and authorize the acceptance of the improvements for perpetual City maintenance. CONTRACT 88-19, FINAL PAYMENT/ACCEPTANCE (WELL #3 -REMOVAL & REPAIR) S. Contract 88-19, Final Payment/Acceptance (Well #5 -Removal & Repair) --The City has received a request for final payment from the contractor for the above -referenced project which provided for the removal and repair of Well #5 adjacent to Pilot Knob Road, north Of Cliff Road along with a certification from our consulting engineering firm of satisfactory compliance to City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the second and final payment for Contract 88-19, (Well #5 -Removal & Repair) to Mark Traut Wells, Inc. and authorize the acceptance of the improvements for perpetual City maintenance. Lk Agenda Information Memo April 18, 1989 City Council Meeting Y. Project 567, Receive Petition/Authorize Preparation of Feasibility Report (Effress Addition -Storm Sewer) --The American Cereal & Chemist Company located south of and adjacent to Eagan Athletic Club presently takes its access from the .Sherman Court cul-de-sac to the east. This company would like to expand their facilities including their parking lot. Preliminary analysis by previous developments in this area indicate that the present storm sewer facilities and/or ponding system is not adequate to handle any more development in this district. Therefore, the affected property owner has petitioned the City to prepare a feasibility report to discuss in detail the storm sewer improvements necessary to accommodate their proposed expansion. With the accompanying guarantee of all costs incurred for the preparation of this report, it would be appropriate for the Council to authorize the initiation of that process. ACTION TO HE CONSIDERED ON THIS ITEM: Project 567 (Effress Addition -Storm preparation of a feasibility report. 1�1 To receive the petition for Sewer) and authorize the Agenda Information Memo April 18, 1989 City Council Meeting PROJECT 487R.FINAL ASSESSMENT ROLL (BRAUN COURT - STREETS 5 UTILITIES) A. Project 487R, Final Assessment Roll (Braun Court - Streets S Utilities) continued from April 4, 1989 --On April 4th, a public hearing was held to discuss the adoption of the final assessment roll associated with the installation of streets and utilities within Braun Court. At that time, the City had received a written objection from all affected property owners regarding the significant cost overruns of the final assessment roll as compared to the estimate contained in the feasibility report based on actual bids received. Three major areas of additional cost are broken down as follows: Additional Storm Sewer: An additional storm sewer catch basin and pipe was installed at the northwest intersection of Braun Court with Drexel Court during the progress of the contract to meet current City standards necessary to minimize long term maintenance problems. This resulted in additional construction costs of $ 2,640.00. In a conscious effort to economize the scope and costs of this project, this improvement was not anticipated in the feasibility report nor included in the detailed plans and specifications used to solicit unit bid prices. Subgrade Correction: Unknown at the time of the feasibility report and/or detailed plan preparation, construction of the roadway bed and storm sewer facilities near the intersection of Braun Court and Drexel Court uncovered a significant pocket of unnatural and unstable material. The removal and replacement of this poor subgrade material resulted in additional construction costs of approximately $ 5,004.00. Although the origin of this poor subgrade material is questionable, it is possible it was placed there as a part of the construction of the trunk sanitary sewer and water main facility for the installation of streets and utilities within the Drexel Court public right-of-way. Due to the City's policy of limited construction observation/ inspection services during the mid-70s, it could not have been known to exist prior to actual construction. Subsequently, this additional cost was not anticipated in the feasibility report or detailed plans and specification and resulted in a cost overrun to the original unit bid contract. q � Agenda Information Memo April 18, 1989 City Council Meeting General Overhead: Due to the sensitivity of the costs associated with this project by the affected property owners, two different feasibility reports were prepared and presented' at three different public hearings along with a considerable number of meetings with the affected property owners trying to arrive at an economically viable project. This process also included three formal separate bid solicitations and considerable involvement by project management personnel during the course of the project. Based on the small scale of the project and the apparent low bid of the contractor ($39,789.00 vs. the second low bid of $50,813.00), the overhead costs associated with this project exceeded the estimated 30% contained in the feasibility report. However, the feasibility report estimate is based on a clean unencumbered public improvement process. The actual overhead exceeded the feasibility report estimate by approximately $12,398.51. The property owners feel that they were guaranteed a maximum cost on the project when they executed the agreement enclosed on pages SO and _55_. Although the agreement refers to "estimated" costs, there was no anticipation of cost overruns because the poor subgrade material and additional storm sewer facilities were not anticipated at that, time. Because of the complexities and impracticality of maintaining a current running account of overhead calculations, it was not possible to obtain an accurate estimate at the time of receipt of bids and subsequent contract award. However, the residents feel that the end result is more than what they anticipated and preliminarily agreed to and are subsequently requesting the City to help finance a portion of the overruns. After reviewing the information associated with the contract and the comments of the property owners, an alternate final assessment roll is presented on pages * through * for consideration at the public hearing on April 14th. The Public Works Director will be able to provide background information as to how the alternate assessment roll was arrived at. However, the property owners were informed that if this were still not acceptable and they wish to proceed with their objections„ the City reserves the right to support and proceed with the certification of the original assessment roll as an accurate reflection of actual costs incurred under this project for the benefit of the adjacent property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 487R (Braun Court - Streets and Utilities) and authorize its certification to the County for collection. *NOTE: The above-mentioned alternate final assessment roll will be distributed on Monday with the Additional Information Packet. ANT -mmBRAUN COURT - STREETS & UTILITIES PARTIES: Henry & Adonna Braun, Lot 1, Block 1, Braun Sunrise Addition Mary Braun I Parcel 10-01500-010-52 Leonard & Kathleen Walz, Lot 2, Block 1, Braun Sunrise Addition Wayne 8 Deborah Cordes, Parcel 10-01600-040-79 City of Eagan, called "City" DATED: March ZS' , 1988 RECITALS: 1. The City of Eagan, Minnesota received a petition for the installation of street surfacing including concrete curb and gutter, grading and restoration, storm sewer and sanitary sewer and/or water service installations. 2. It has been requested of the above parties that the City perform these improvements and finance the costs through Special Assessments against the benefitting properties. 3. The City has prepared a Feasibility Report for City Project 487R, presented at a public hearing on July 7, 1987, which describes the extent of the proposed improvements with estimated costs and proposed method of special assessment calculation and allocation. 4. The City has agreed to perform this work and finance it through special assessments subject to all affected property owners agreeing to the method and amount of final assessment costs prior to award of contract by the City. 5. Based on comments received from several of the above parties at previous public -bearings and private discussions, the City has prepared a "Revised Summary Preliminary Assessment Roll", dated 10-6-87, attached as Exhibit "A" to this agreement which estimates the special assessment allocation to the various property owners on a "Lot Equivalent" basis. 6. These estimated costs contained in the Feasibility Report will be revised based on final construction quantities and unit prices obtained through an advertised competitive bidding process plus related overhead expenses incurred by the City. 7. The City and affected property owners agree that if the solicited bids for the total cost exceed the Feasibility Report's estimated construction cost by more than 10%, then any participating property owner reserves the right to request a readvertisement for new bids or withdraw their support and financial participation. 50 S. If any of the other remaining property owners do not agree to a method of their financing 100% of the project's total cost, then the City reserves the right to cancel the project. The original petitioners hereby agree to reimburse the City for all costs incurred at that time. 9. This Agreement shall be governed by the laws of the State of Minnesota and shall be enforceable and binding on the parties and their heirs, legal.representatives, successors and assigns. 10. This Agreement shall be recorded with the Dakota County Recorder and the owner shall provide all documents necessary for the recording thereof. IN WITNESS WHEREOF, the parties have signed this agreement on the date so referenced. CITY OF EAGAN Approve0e,as to Contens: PROPERTY OWNERS 1. Lot 1,Block 1, Braun Sunrise Addn. / e Henry B un Date e Adonna Braun Date / y.1S• 2. Parcel 10-01500-010-52 /Date Ma Tun /Date S 3. Lot 2,, Block 1, Braun Sunrise Addn. eonard Waltz / ate b. .A.� K thleen lz Vate 4. Parce 10-016 0-040-79 a. 11A. Waynd Cordes /� Date b. 0�3. \ e� �P.� /�8 Deborah Cordes /Date STATE OF'MINNESOTA) )ss. COUNTY OF On this �—r day of ��%st,ait'� 19.9k, before me a Notary Public within and for said County, personally appeared Henry Adonna Braun to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. (SFar•)E::. ORENE A. LEE AO VY. LI1— M-tnLAA AXOT.. G07NTY mi¢10:.exw a 1.23.93' STATE-OF'MINNESOTA) )ss. COUNTY OF Ke. )' On this 1St.M day of 6616, 8 19 k., before me,a Notary Public within and for said County, personally appeared VICTOR L ELLISON and F.J. VANOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF'EAGAN, the municipality named in the foregoing. instrument,and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said -Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality,, MOTARY'P�gLlt—IOIIIESOTA - U DAKOTA COUNTY YT Lommisslpq Ery F�0 `.fry STATE OF 'MINNESOTA) )sa. COUNTY OF ) On this day of Mobu.w , 196E, before me a Notary Public with -in and for said 'County, personally appeared Mary Braun ^to me personally known to be the person described in and who executed the foregoing,instrument and acknowledged that she executed the same as her free act and deed. ELIZABETH A. WITT Qycmmlew,mrxpl NOTARY PUBLIC-YINNEBOTA (SEAL) DAKOTA COUNTY ,.. ►.e.19, toot STATE OF MINNESOTA) )ss. COUNTY OF ) On this day of 19 before me a Notary Public within and for said County, personally appeared VICTOR L. ELL3SON and E.J. VANOVERBEKE to me personally known, -,.who being each by me duly sworn, each,did say that they are respectively the Mayor and Clerk of the CITY OF EAGAN, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be. the free act and deed of said munic'i'paliIty. (SEAL) M STATE OF MINNESOTA) )ss. COUNTY OF DA rp„} ) On this .2Y -t" day of 0 19pp, before me a Notary Publicwithin and for said County, personally appeared Leonard 6 Kathleen Walz to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. -� ELIZABETH A. WITT1Q- JI NOTART.PUBLIC-MINNESOTA (SEAL) DAKOTA COUNTY Yy Cemml Wm &vim Feb. Sk "M STATE OF MINNESOTA) )ss.. COUNTY OF ) On this day of , 19 before me a Notary Public within and for said County, personally appeared VICTOR L. ELLISON and E.J. VANO,VERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF EAGAN, the municipality named in -the foregoing instrument, and that the seal affixed.to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. (SEAL) Sq STATE OF MINNESOTA) )ss. j� COUNTY OF -✓.4KI ) On this /6?� day of A46-4-rh 19PA, before me a Notary Public within and for said County, personally appeared Wayne a Deborah Cordes to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. JPELI�Z BETH A. WITT NOTARY.PUSUC. WNNE�OTA ('SE DAKOTA COUNTY My CommbsiM Egi,p FO.:1q.1001 STATE OF MINNESOTA) )ss. COUNTY OF ) On this day of 0 19 , ,before me a Notary Public within and for said County, personally appeared VICTOR L. ELLI'SON and E.J. VANOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF EAGAN,, the municipality named in the foregoing instrument, and -that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. (SEAL) WOF On this day of 0 19 , ,before me a Notary Public within and for said County, personally appeared VICTOR L. ELLI'SON and E.J. VANOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF EAGAN,, the municipality named in the foregoing instrument, and -that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. (SEAL) Agenda Information Memo April 18, 1989 City Council Meeting VACATE PUBLIC ACCESS EASEMENT, OUTLOT A- EAGAN WOODS OFFICE PARR B. Vacate Public Access Easement, Outlot A - Eagan Woods Office Park --On March 21st, the Council received a petition from the property owner requesting a vacation of a dedicated public access "turnaround" easement within. Outlot'A of Eagan Woods Office Park as shown by the map and legal description contained on page SrZ . The Council subsequently set the public hearing for April 14th to formally discuss this proposal. This turnaround access easement is being replaced by a formal entrance with the final platting of the Eagan Woods Office Park II Development. All notices have been published in a legal newspaper and sent to all potentially affected property owners. As of this date, the staff has not received any objections to the proposed vacation. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the vacation of a public access easement within Outlot A of Eagan Woods Office Park as legally described herein. I RvN1C I4Grlrrt+l NO. %per Plat�it�l HWy Fb. 494 1 A•o'OD'as' . N.E. roR. Gov. Lar I NJ� 11f• IORNCRa'r .6a.1,TV R24... ECMYSOTY. GO. Gl/L� � O i N N411VJ IacN' J ttA acv' J 17 K I$ That part of Outlot A, EAGAN WOODS OFFICE PARK, according to the recorded plat thereof described as follows: Beginning at the .northerly extremity of the 24L.42 foot long tangent portion of the westerly line of said outlor; thence southerly, along said westerly line., a distance of 15.00 feet; thence easterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 30.00 feet; thence northerly, deflecting to the left 90 degrees 00 minutes 00seconds a distance of 35.00 feet to an angle point in said westerly line; thence westerly, southwesterly and southerly, along said westerly line to said vo paint of beginning. (Document No. 152745) j/31 PARK EA WOODS OFF14:E GAN NO ROAD EASEMENT ri W, dO ' Lr61�3 ti.5'��E Q ` L�- 6 r T �l lio 60.00 'n u l J L; e: I ' d 961"7"n 6 a_ S/ / I i - •:ala m n; l <I ._. 1 1 I •� 8 N 002s'0'e w rl f- 1 rL 'NO023'03' W 60g 36.00 OVA v ,='Y U �7t end N89 -3e'57 -E $ U o cri N. 0 a 30.00 'Ui N N LL o U)<S =- S o 3 I F- r� Oas. c01< t i O Gov. Larl. 1 : AY 3 Lj Z Gov. Lor 6 2 Q L.1 sq. N �N 4.,B 4 EAGAN S'sS ?ag •A INf•H is awl I ZBD3�EVA Daps S 4fie� �� Lei-2a9i' �� Agenda Information Memo April 18,, 1989 City.Council Meeting SPECIAL ASSESSMENTSIMETRAM.PROPERTIES AT SILVERBELL CENTER A. Consider Special Assessments Related to Conditional Use Permit, Metram Properties for Motor Fuel Sales Lot 1, Block 1, Silver Bell Center Addition --At the March 21, 1989 City Council meeting., a conditional use permit was approved allowing motor fuel sales for Metram properties at the Silver Bell Center. The Department of Finance has identified a financial obligation of $10,611 for storm sewer trunk which had previously been assessed incorrectly. Financial obligation was not specifically listed as a condition and, therefore, was not addressed at the City Council meeting. The developer, Ted Tinker., has refused to sign the waiver. Consequently, the conditional use permit has not been resolved. Mr. Tinker was notified that the City Council will decide on this conditional use permit at the meeting on Tuesday. ACTION TO BR CONSIDERED IN TSIs ITEM: To approve or deny additional condition to the Metram Properties Co;. motor fuel sales conditional use permit requiring a financial obligation of $10,611 for storm sewer trunk, which had previously been assessed incorrectly. M* Agenda Information Memo April 18, 1989 City Council Meeting DISCUSSION/EAGAN/MENDOTA HEIGHTS CORRIDOR A. Discussion, Eagan/Mendota Heights Corridor --Approximately two years ago, the Cities of Eagan and Mendota Heights began a study process in concert with the Metropolitan Airport Commission to discuss the air traffic corridor which lies at the boundary between the two Cities. The study culminated with a joint meeting of the two Councils at which the flight track alternatives were discussed. At that time, the Eagan Council offered a compromise between the study alternative supported by Eagan staff (Alternative 3) and that supported by the Mendota Heights staff (Alternative 2). The Mendota Heights Council declined the compromise and following several efforts on the part of the City staffs to break the impasse, Walter Rockenstein of Metropolitan Aircraft Sound Abatement Council (MASAC) offered to mediate the issue. Mr. Rockenstein will be present at both the Mendota Heights and the Eagan City Council meeting on Tuesday evening, April 18 to explore alternatives for a resolution of this issue. Enclosed on pages 4 y through Q, you will find a copy of the MASAC's Operations Committee Report on the corridor. The report systematically describes the alternatives proposed and indicates noise contours for each. The report further addresses nine issues pertinent to the corridor issue. This information has been before the Counci s in the past. Also enclosed on pages 1:�(o through is the most recent correspondence from each City regarding this issue. Finally, enclosed on page 03 is a memorandum describing action by the Airport Relations Committee at its April 11, 1989 meeting, to reconfirm their recommendation to the City Council that the City support Alternative 3 of the MASAC Study which would provide for traffic along the line five degrees north of runway centerline with safety separations fifteen degrees north of that with the conditions that the City could reassert the compromise proposal which would confine traffic to the area between runway heading and five degrees north of runway heading, which would be a compromise between Alternatives 2 and 3. This compromise would result in traffic evenly stradling the Met Council aircraft land use poliocy contours. ACTION TO BE CONSIDERED ON THIS ITEM: To consider possible alternatives to the solution of the Eagan/Mendota Heights Corridor issue and provide direction to staff concerning future discussions and studies. S� o ��:: N o�� •o,, .�Ytlbs i:. �o CIIA oY O']ID� Inserts 2/9/89 m ALVPS 2, 3, 4 m > r..l 10 lip Poo 77 rrwwrr •- _ •i �- did � ly• 1• 1.. rY` ,� - a { ' 4 • JJJ ' EAGAN I MENDOTA HEIGHTS CORRIDOR STUDY—DEVELOPED FOR MASAC 1988 srnulterm" Depertu'eB Alternative 2 NnrS9rrxdteneo Depm- r•es fit _ Il. ` � y , � In,..r •�� 'I •-,. U L .:L `�f •: J� . ice; •.1� � i; �• w.rl• w••Zr �. so. Pow �-- — is 1 j! ' I • 11. ' 1988 H EAGAN i MENDOTA HEIGTS CORRIDOR STUDY— DEVELOPED FOR MASAC s& ubwvgm a Depff"Jr, a Alternative 3 w.�.m� Nan- Depertlres EAGAN I MENDOTA HEIGHTS CORRIDOR STUDY— DEVELOPED FOR MASAC rmoua Alternative 4 Non-SmJtAneous Departures p ti •0 0 I• � � �� •1 "'` e � � I If 61 � o�� IY � r � I �` , � �� . . _�� Ali. �IIII�II ii { �� . �� 111 ..11 1 �� I EE�II�«�lill�' � � ,� i . � QQ I 'lll�l ` �' �,IIi IMI I I,lIIIEip; �, �. ['�" �! . � �IUII 1�1 � li � �. I [Allul ► � ,�"IIE��I " I EI EI �� II �� R I�iI1 l�liiiiE - ,� �,►,,�y -, �� I' ;III I'I� ! `� r � � :, ��i �� 1 li ail � � ��= �• 1--� �I�r�I � �`� � � I �. I i� �I! �.� ��, �. i�;� �� ii;��II�IIL�, �� EIlI�� .- ..- .. . .- - _ .. _ . .� .. _ ..---: r. .'r t f� 1 `rte. Wool swr • q ] ems' i it . � •\.� . �... � . 9. al. 0.11 mm!r '1 I 21M."wo, of Pool Somwommo Lake 01 ON" MOM • J I 1• r �.t. it EAGAN / MENDOTA HEIGHTS CORRIDOR STUDY- DEVELOLenC PED FOR MASAC 19813 L1065 d'mg ontours for` All Alternatives tit LA 10 { _ • ;� 1a, ,.. _ E _ Coil 9 raw wo 16 " • "• I II :I it ' ••.. . e, . EAGAN ! MENDOTA HEIGHTS CORRIDOR STUDY— DEVELOPED FOR MASAC 1986 Ab rr avve 2 L 10 65 Departure Contour's Alternative 3 for Alternatives 2, 3 6 4 ............r Ateriietive 4 -7;eI-V �:ie �1� HOWARD NEEDLES TAMMEN &BEROENOOFF October 6, 1988 Mr. Steve Vecchi Assistant Manager of Noise Abatement Metropolitan Airports Commission 6040 28th Avenue, South Minneapolis, Minnesota 55450 Re: Eagan -Mendota Heights Study - Handout Exhibits Dear Steve: Enclosed er theegan/MendotaeHeights Corridor Study.Theexhibits for exhibour its include: - a•graph:ical depiction of Alternative 2 - a graphical depiction of Alternative 3 - a graphical depiction of Alternative 4 - Ldn contours for Alternatives 2,3, and 4 - L1065 departure contours for Alternatives 2,3, and 4 - an L1065 landing contour common to all alternatives - a chart depicting magnetic heading changes over time for Runways 11L and 11R. Ycu will notice that the heading changes over time are not as dramatic as those pointed out by ATC. We have checked several sources, and have found that the annual rate of change in the, headings will be 0.1 degrees. With the current runway heading of 117.7 degrees (rounded to 118 degrees), a new heading of 119 degrees will not result until 1996. Please review the attached exhibits, and let me know if you would like to make any changes. Very Truly Yours, HOWARD NEEDLES TAMMEN AND BERGENDOFF Evan C. Futterman ECF/ef • rar Cower PYA, Nmri6r """ em,P.TO M OY"M INawn Erna P. Fos PE Caron T. Nor"W PE Ob-M.I. PPoTC PE Or,r J: EYOo1E Jem I. CGW,PE Foe X NOME. RoM s.Como�rE 0~ A GIM FE WWre �La FAA Ileerl: 0_16mr PE ilw L Tl�a. r.. PL oW E Enr PE Coy t Oml.� MA Wadi K "Now. A rE. IOIn, K IIYNIra i rE !.s%vt e1* Wo PE. ,mer w: WV&.: PE Ano.1io Gen A On PE Krme'T, usan PA: Gennn w &v~PE Kienere 0.. moor PE VAM 0 Eoru ve PE 1111W.E Aeeloen PE W r Cr S ENI l W PE %W w Al FE wr.Llwm PE &m o. hmw ►E.Gs L hurl AYL,FIOK T. Lr PE Ierwe r. Avrl, JJA, IUonm%@ W r PE Erd M Crnro PL ,br P F I PE MmR L PWMIPE hirn E Orr.PE W.A. JrmP.PE "K Wer FAW OouE•L, C. my*,* PC. can J. Mail*@ PE. Goer P Mcaw PE, IFIcunl'L FOMAR AIA. Oo"'@ P. Kern PE. GPYPYI"E. PM'C0n PE. ft" L Mr„ PP. RUDER N LIKmICe PE Tl L M, POO, P. hoe PE Yuri Y.1\O AW 00m AYrtirOl VA..Yra GA AWM TK ErsP'l '. Ynrni OK IWL YX GrI+r. CO.'Fo/erG Mi. s rKY.e: R. 00~. T7, rAw"aaa. IN. Ywr. t / \ N. LCs AIIEOeF. CA. Now PL YIIawame, W1, II...o,eo.I YIN %W "M IIA TOL W. Olden U ! IIooW MG Eorr. WA. Toe PL TIAL OK, Wo..q: DF EAGAN / MENDOTA HEIGHTS. CORRIDOR STUDY DEVELOPED FOR MASAC 1988 HNTB Analysis RUNWAY 111- 8 11R MAGNETIC HEADINGS CHANGES OVER TIME Runway 5 -Degree 10 -Degree 15 -Degree 20 -Degree YEAR Heading Left Turn Left Turn Left Turn Left Turn 1988 118 113 108 103 098 1992 118 113 108 103 098 1996 119 114 109 104 099 2001 120 115 110 105 100 HNTB Analysis Metropolitan Aircraft Sound Abatement Council (MASAC) Chorm"T VA" Mods dlelm 1 Rat,Chm Jon Dei Cohn WW9-1982 Starry W 06on M94M TeclACveor Steven 1Veoctr September 27, 1988 6040 2M,Aven a South Mh—aopok W mfoto SS450 (6v) Tj6-94n TO:. Metropolitan Aircraft Sound Abatement Council ERM?!: Mendota Heights/Eagan Corridor Operations Committee SOB=.* Mendota Heights/Eagan Corridor At the June 28, 1988 MA.SAC meeting, it was recommended that the corridor issue be returned to the Operations Committee for further additional review. After meetings in July and September, the committee submits the attached information based on the following charges: 1. Population Density Data - population in contour within next 5 to 8 years, divided into categories 2. Explanation and Review - 28 degree cone 3. Simultaneous, Non-Sim:ltaneoxss Departures - average number of hours, weekday and weekend 4. Explanation and Review - 32 IIS, St. Paul Downtown Airport and interference 5. Definition, Operational Penalties - 4 mile "straight-out" on 11:L, no variance of 15 degree cone (only 100 degrees on 11L) 6. FA, EIS: New Southern Boundary -7.. Landing Impact on Fagan, I10 contour - (29 L/R arrivals) 8. No Departure Turns until 'at Runway end" on 11L Miscellaneous Items: 1. Exemption Stage III aircraft frau corridor procedures/restrictions 2. Definition of FAA role during cu committee meetings 3. Eagan's request for Met Cautcil's participation In the initial corridor discussion daring the fall of 1987, the cities of Fagan and Mendota Heights were working with Ldn noise contours (Ldn75, Ldn70 and Ldn65) provided by BM to assess the population affected by alternatives 2, 3 and 4. The cities, however, felt that it would be helpful to have L10 noise contours (L1065) generated for alternatives 2, 3 and 4 in an effort to more completely assess population impact. The following is population data provided by the cities corresponding to the I.405, Ldn65 and L1065 noise contours. It should be noted that both cities included population data corresponding to the Met Council .policy contours. 73 EAGAN-MENDOTA HEIGHTS CORRIDOR NOISE CONTOUR HOUSEHOLD COUNTS Alternate Alt 3 Single'Family Multi Family Rental owner Occupied Total Alt 2. Single Family. multi Family Rental owner Occupied Total Alt 4 Single Family Multi Family Rental owner Occupied Total Arrival Single Family Multi Family Rental Owner Occupied .Total 89 374 161 89 '554 64 405 322 64 725 70 539 322 70 861 219 257 Alternate Alt 3 EAGAN-MENDOTA HEIGHTS CORRIDOR NOISE CONTOUR HOUSEHOLD COUNTS Single Family Multi Family Rental Owner Occupied Total Alt 2 Single Family Multi Family Rental Owner Occupied Total Alt 4 Single Family Multi Family Rental Owner Occupied Total 10 10 16 16 55 55 244• 161 -12. 404 275* 322 575 409• 322 711 + Eagan's Comprehensive Guide Plan does not provide for any new residential subdivisions within the noise contours. An estimated 20 lots have been indicated in each category for potential in -fill. EAGAN-MENDOTA HEIGHTS CORRIDOR METROPOLITAN COUNCIL POLICY CONTOUR HOUSEHOLD COUNTS Net Policy Contour Residences in Comp Guided Planned to Anticipated Zone Place Comm/Ind Be Added In Future 3 Single Family 350 81 201 470 Multi Family 98 0 0 98 Rental 60 0 0 60 Owner Occupied 38 0 0 38 Total 448 81 201 .568 Single Family 68 68 0 0 Multi Family 0 0 0 0 Rental 0 0 0 0 Owner Occupied 0 0 0 0 Total 68 68 0 0 3 Single Family 350 81 201 470 Multi Family 98 0 0 98 Rental 60 0 0 60 Owner Occupied 38 0 0 38 Total 448 81 201 .568 August 31, 1988 Mr.. Steve Vecchi Metropolitan Sound Abatement Council 6040 - 28th Avenue South Minneapolis, MN 55450 Dear Steve: Enclosed is the data from the City of Mendota Heights concerning the number of residential units within the different noise metric contours. The first four shoots concern the Ldn 70 and 65 contours, as well as the L10 contour; there are no homes in the Ldn 75 contour so it has not been included. The data is shown in a matrix of flight alternative by metric. For each place in the matrix, we have shown the total number of residences, and broken them down between single family and multi -family, and further subdivided the multi -family into rental and owner occupied. I believe this is as requested by the MASAC when they considered this issue in June. Using the consistent matrix format, the first four sheets show: 1. Residences in place as of August of this year. 2. Residences likely to be relocated at some time in the reasonably foreseeable future. 3. Residences that are planned to be added over the next few years (based on the City's existing comprehensive land use plan). 4. Net anticipated in the future after taking the homes currently in place, subtracting those to be relocated, and adding those planned. The fifth and final sheet shows the number of residences located in each of the Metropolitan Council's policy contours. Jon Hohenstein of Eagan had requested that this information be provided as well. The data presented are for the City of Mendota Heights only. However, the operations Committee and MASAC will want to be cognizant of the fact that the cities of Mendota, Sunfish Lake and Inver Grove Heights also have residential 750 South Plaza Drive • i r_� ro""V soca 55120 • 452-1850 Mr. Steve Vecchi August 31, 1988 Page Zhao areas within the L10 contour and the Metropolitan Council Policy Contour No. 4. I! you have any questions about the data prior to our meeting on September 9, please give me a call. Sincerel- p/fJy//�/� �7 avin D. Frazell City Administrator IMF:madlr enclosure cc: Mayor i City Council Bernie Friel, MASAC representative Jon Hohenstein 2 Total 22A II 1083 single family 2 49 II 858 multi -family 0 225 �I 225 rental 0 II 225 II 225 owner occupied 0 ' II 0 ii II 0 � II II II Total a 124 ii BJU single family 2 44 II 664 II multi -family 0 150 ii 225 rental 0 150 II 225 IL owner occupied 0 0 ii 0 II A II II Total 217 single family 2 42 II 335 I multi -family 0 75 II 225 II rantal 0 75 II 225 owner occupied 0 0 II 0 Total single family multi -family rental owner occupied 2 Total single family multi -family rental owner occupied A Total single family multi -family rental owner occupied •4 zallep• o s .1 Y' 4 2A 14 0 0 0, Q JA 14 0 0 0 Q s 9 0 0 0 66±P'[#I I 14 14 0 0 0 4. 14 0 0 0 14. 14 0 0 0 Ian 74 Iain L1Q Total 4 single family ii 310 multi -family li 686 rental it 106 owner occupied ii 580 II � II II Total 4 Q II X44 single family ij 208 multi -family ii 686 rental ii 106 owner occupied ii 580 II q II !I III Total Q II 12J single family 88 II multi -family ii 540 rental0 I owner occupied 540 II M.ANTICIPATED 1N 3=.FUTURE MZTRIC FLIGHT ALTERNATIVE Ian ZQ 7�n L1Q Total 2 TSz4 i 2065 single family 2. 35 I( II 1154 multi -family 0. 225 II 911 rental 0 225 j� II 331 owner occupied 0 0 ii II 580 II Total 11-0 I, 1769 single family 2 30 fl II 858 multi -family 0 150 I'I 911 rental 0 CI 150 Ip 331 owner occupied 0 II 0 II II 580 4 II II Total 19� i� 1174 single family 2 33 II 409 multi -family 0 75 j',j 765 rental 0 If 75 II II 225 owner occupied 0 0 II I'I 540 Net Policy Contour Residences in Likely to Planned to Anticipated Zone Place BeRelocated $g Added ja Etiture Z single family multi -family rental owner occupied 2 single family multi -family rental owner occupied H single family Multi -family rental owner occupied A 2 4 II 2 4 2 �I 2 0 0 jj 0 0 0 fl 0 0 0 II I. II II I 0 131 ll II 4 II II 111J�4 II 41 11 II 30 150 0 II II 150 150 0 j� 150 0 0 11 II 0 II I I. `I 2� � 2i4 I Il II I 1923 178 200 I',I 378 75 54'0 Il I L 615 75 0 .I II 75 0 540 II I I 540 II M% wr• :. se r e'.:. � e • The FAA A= informed the Operations rmmittee that they have always acknowledged Runway 11R extended centerline (118 degrees) to be the southern boundary of the corridor. They also stated that, while they have never acknowledged a northern boundary to the corridor, they have used the 090 degree heading off Runway 11L as an "operations boundary" in an effort of avoiding St. Paul Downtown Airport airspace. 'he 28 deqL cone originates from the difference between the 118 degree ('11R),andegree (11L) reference points. -'OqLr 2C•CAWE The FAA Tower stated that the 28 degree cone is utili2ed only about 1 to 2 percent of the time (with turbojet aircraft), when a high number of aircraft types with differing performance specifications are scheduled to depart within the same relative time period. A 15 degree cone is used during all other remaining time. -.e -n ovins e. ;e Y, eui»e. ry - •• e.• v:.•ry The FAA ATC presented the following graphic report to the Operations: Carmittee'by request. Data utilized in the analysis was collected by the FAA ATC in a_ total of (b) individual and random one-hour periods during six days in July 188. The (6) one-hour periods all took place when traffic .was moderate to heavy. During the (6)one-hour periods, there was a total of 269 aircraft departures observed. The FAA MC separated their departures in 2 categories: "noir •aircraft": aircraft ranging from large turboprops to all turbojets "sy aircraft aircraft ranging from single engine props to non-noiMiZ turbo props It should also be noted that the wide range of headings reported (1200 to 0950) by 11L,R departing aircraft during the survey period was due to variable wind conditions experienced during each individual one-hour period. LIM AIRCRAFT D'EPARTU'RE HEADING'S Heading Assignments by Runway Number of AkeraR Departures so 40 30 10 10 a Figure 5 — Departure Headings and Runway M IAL ® 010 tilt M 100 111. S 100111! © 100 111. ED 100'111t WA Sale 1@ Taxer — JW 11111 AIRCRAFT DEPARTURE HEADINGS Heading Assignments by Runway Number of .Aircraft. Departures " 90. 40 30 .............. 10" am Ix 10 rax!!!!! xmx!.1! MIMI !x!wx!x 0 (10) (43) (13) (M) '(4) (11) Figure 6 — Departure Headings and Runway 110 11t. ®'110 Tilt ED 110 rel 110 lilt i® 110 11L 0 to tilt Dow Solras 14! Teoer — Asr; IM , , SIMULTANEOUS DEPARTURES Departure Area -Utilization Number of Aircraft Departures 200 100 t00 00 0 142 A/C – 10001 92 A/C – SO><, 9 A/'C – OX 42 A/C – 29fi Figure 4 — Departure Area Utilized - TafAL Ir - - �1 -- • run DA Date !aures wr Tow --AV ins V 1 AVERAGE DEPARTURES BY RUNWAY Number of AkaraM Departures 9D 40 30' 20 10 ti ' I! !i 0 7 Non 15 Ndes 22 Told a Mon I Noios 24 Told Figure 3 — Average Hourly Departures 11L ® t1L 11L 11R ® 11R LIR WA Source 1!'Tew – tel! 19M SIMULTANEOUS DEPARTURES Departure Area -Utilization Number of Aircraft Departures 200 100 t00 00 0 142 A/C – 10001 92 A/C – SO><, 9 A/'C – OX 42 A/C – 29fi Figure 4 — Departure Area Utilized - TafAL Ir - - �1 -- • run DA Date !aures wr Tow --AV ins V 1 ANALYSIS -269 MSP DEPARTURES 6 Random, Weekday Hours of Sample as Nan Nene A/C 1e3 Nero A/C Figure 1 — 86 Non—Noise do 183 Noise A/C ]2N NorMoln M —.Nora D" Sura NSr• Tom — JUIYAM \. ANALYSIS -269 MSP. DEPARTURES 6 Random Weekday Hours of Sample Number of Aircraft Deporturee f00 !o •o 40 70 0 Al Nen woke e7 Nore ab Nem Nebo Figure 2 — Aircraft Type by Runway til ® 11L lift lilt WA Sous Mr Teeer — J* ION . " Ner. 1It " Ner. s 4. 32 IIS REVM The FAA A= informed the Operations C.oa¢ittee that the only time a conflict occurs with the Runway 32 IIS from St. Paul Holman Field and the Corridor is when the following condition exists: Runway 32 IIS arrivals (STP) are occuring with simultaneous Runway 11L,R departures (MSP). When Runway 32 IIS is required, which is approximately 5 to 10 percent of the time during a year, the tower is unable to assign departing aircraft on 11L headings from 118 degrees to 090 degrees because of the lack of airspace separation from Runway 32 inbonds. The FAA ATCf has established a temporary procedure to hold all Runway 32 inbounds until they could be sequenced between Runway 11L/R departures. The other options are to "single stream" 11L/R departures and 32 arrivals causing delays for both airports, or NDB approaches to St. Paul on Runway 30. M6 While implementation of a 4 -mile straight out rule on llL/R departures might have been possible at lower traffic levels, current levels make it iapractical. With the dramatic increase of traffic levels at ?M1 the institution of the 4 -mile rule could cause a reduction in the operational capacity leading to significant departure delays. The FAA A= informed the operations Ccsmittee that one of the reasons for the success of the current "3 -mile turn" rule for 11L/R departures is the of existence of a reference point on the radar screen. Due to a position located the radar antenna, the existing 5 mile ring on the scope happens to 3 miles southeast of the departure end of Runways 11L/R making it a useful reference point for aiding in carpliance. It was concluded that it would not be feasible to initiate a 4 -mile straight out rule,for departures on 11L/R. PAL ATCT ANALYSIS of DELAYS CAUSED By 4 -NILE TURN (Supplement to Item 05) The existing guaranteed delays caused by the 3 -mile turn are determined by the number of aircraft that do not continue 'straight out' (e.g., aircraft landing Chicago O'Rara, Madison, and Milwaukee). That number is estimated to be. approximately 70 percent of all the Runway 31L and 11R departures. The Minneapolis airport has about 190,000 jet ,departures per year, and statistical data shows that about 55 percent of all jet departures are on Runway 11L and 11R. The result is that 73,150 jet departures are negatively affected by the existing 3 -mile restriction. Almost all jet aircraft could begin their departure turn within 1 mile of the departure runway. With this in mind, the additional 2 -mile restriction (the difference between a 1 -mile turn and a 3 -mile turn) already results in jet aircraft incurring a 146,300 -mile yearly delay. Therefore, restricting these departures to a 4-aile straight out requirement would guarantee another 73,150 -mile yearly delay, bringing the total to 219,450 miles per year. In addition to the guaranteed delays, the other variable delays that would be Imposed are estimated at 200 miles per day,. These delays would be caused by: 1. intrail spacing requirements, 2. two for one traffic flow capability reduced, and 3. arrival sequence adjustment (delay) -to accommodate departure turn. It should be pointed out that the 3 -mile departure 'restriction was imposed in 1973 under dramatically less traffic volume conditions. If the 3 -mile restriction was being researched today for implementation, in all likelihood, the PAA would not adopt it as a standard operating procedure. a i Alternative 4 proposed by the City of Mendota Heights would require a 5 degree southward shift of the current southern boundary of the corridor UIR extended centerline). The FAA ATCf informed the Operations Committee that this,option is technically feasible, however, new charxp of procedure below 3000' would require an Envirernental Assessment d=zent. Whether or not any positions of the EA would require an Envuwnental Impact Statement would depend on issues contained within. If an EIS were required, the time frame is approximately 18. months. Mendota Heights questioned whether the incremental traffic movement to the North (i.e. 28 degree cane or magnetic shift) would require an EA. 0 us oevtrm:eM of Wvu=MMon Federd Aviaflon Administration December 2,1988 Chairman Walter Bockenstein Metropolitan Aircraft Sound Abatement Council 6040 28Th Avenue South Minneapolis, Minnesota 55450 Dear Chariman Bockenstein: Airport Traffic Control Tower- 6311 34th Avenue South Minneapolis, Minnesota 55450 Be: Necessity of Environmental Assessment due to Magnetic Shift At the general meeting on October 25, 1988, I was asked to respond in writing to a question by Mr. Bernard Friel in which he asked whether a change in the magnetic shift would require an environmental assessment. As I stated that night in the meeting, it does not. According to Federal Aviation Administration Order number 1050.1D, Appendix 3., paragraph 3.a., an environmental assessment and the preparation of an environ— mental.impact statement or FONSI is required when the following occurs,: New or revised air traffic control procedures which routinely route air traffic over noise sensitive areas at less than 3,000 feet above ground level. Therefore, an environmental assessment is not required. r Traffic Manager, Minneapolis Airport Traffic Control Tower RM S. ZMARTURE TMB. OAT RUMMY 8a' The PAF, informed the Operations Commi that it w=ild not be feasible for air traffic 'controllers to hold the issuing of a turn for 11L/R departures until runway end. The possibility of crosswind drifts could violate the 15 degree separation criteria required for simultaneous 11L/R departures. Iherefore, the C=uttee concluded that it would be more effective to increase the pilots sensitivity when departing on Runway 11L if W would install signs indicating that the assigned heading for turbojet equipment not be initiated until runway end. The ccwdttee recognizes these are other noisy aircraft ' which should be included in the signage, however, for ease of compliance only turbojet equipment will be referenced. Rq ,tit: 'r08� ko* 1. One measure of the 27 point noise abatement program concerned the •awnpticn of Stage III aircraft from noise abatement procedures and corridor restrictions. Since there has been no action by the, PMC on this issue, the committee believes the measure should be reassessed. The Cities of Mendota Heights and Eagan reiterated their apposition to the Stage III emotions. 2. Bruce wagoner, FAA A=, stated that the tower would like to go on record defining their role in the operations Committee. He said that he would be the chief representative and spokesman for the tower at the meetings and his purpose would be to "tell whether or not the noise abatement ideas were feasible." He further commented that they would try to give the camnittee and MASAC indication of changes necessary to meet FAA approval. 3. The City of Fagan requested that MASAC take into consideration the Met Council policy noise contours in addition to the Ldn75, L81n 70, Ldn65 and L1065 contours when assessing, population data. In addition, the city requests that the Met Council be invited to participate in the resolution of the issue. October 6, 1988 Mr. Walter Rockenstein, Chair Metropolitan Aircraft Sound Abatement Council 6040 28th Avenue South Minneapolis, MN 55450 Dear Mr. Rockenstein .. With regard to the Mendota Heights/Eagan Corridor Study, the City of Mendota Heights wishes to reiterate its support for the simultaneous flight departure pattern described as Alternative 4. We base our position on the belief that Alternative 4 most equitably distributes noise over residential areas in the two communities, and leads to the least number of total households being directly impacted by aircraft noise. As requested, Mendota Heights and Eagan have provided household counts for the areas included in the Ldn 70, Ldn 65, and Ll0 contours for flight alternatives 2, 3, and 4. Recognizing that adjustments for magnetic shift, wind direction, and other factors will lead to routine deviations from whatever flight patterns are selected, those numbers show.Alternative 4 to be the best "baseline" for achieving equity of impact in the respective communities. Alternative 4 also affects the least number of total households. Below are the household counts in the L10 contour showing residences in glace today. Single-family homes only are shown in parentheses. Flight Alternative Eagan 554 (374) 725 (405) 861 (539) 1083 (858) 889 (664) 560 (335) 1637 (1232) 1614 (1069) 1421 (874) Reducing the total noise exposure should be an objective of equal standing with attempting to spread the noise equitably between two communities. After all, city boundaries are largely arbitrary, and people., not municipal governments, suffer the consequences of noise. 750 South Plaza Drive • Mendota Heights. Minnesota 55120 • 45'--1850 While Mendota Heights contends that the decision should be based primarily on households affected, Eagan argues that the alternative selected should be that which most nearly corresponds to the "Policy Contours" found in the Metropolitan Council's Guidelines Ur L4nd Un with Airoort Noise. We reject that position as being out of touch with the realities of today's level of traffic volume. The Policy Contours were developed in the late 70's and early 801s, prior to -the dramatic growth in air traffic which followed deregulation and the advent of hubbing operations at MSP. The contours were premised on the belief that most aircraft departing either 11R or III, could make a 5 degree northerly turn from runway centerline, thereby flying over I- 494 and industrial areas, while almost completely avoiding residential districts. Thole flight patterns and the resulting prescriptl6n for land use regulations were acceptable to both communities, Mt because they purported:to equitably distribute noise over homes in Mendota Heights and Eagan,, but because they were an attempt to avoid such overflights all together. How we wish it could still be so! Unfortunately, in 1988 we are faced with an entirely different set of circumstances. If 50% + of the flights from MSP are to depart to the southeast, a 15 degree cone of separation is required for an estimated 12 or more hours per day, making the assumptions in the Policy Contours obsolete. Eagan asserts that to the extent we must deviate from.,those assumptions, we should straddle the noise impacts equally over the Contours. However, a review of the household count data provided by the communities (or even an."eye balling" of the land use map) reveals that shifts to the north affect far more homes than shifts to the south. In its letter of September 23, 1988, Eagan states that Mendota Heights is encouraging new residential development within the Policy Contours„ and ought not to use the increasing, number of homes as a basis for changing the land use compatibility policy of the -region,. However, a quick review of our actions over the past three years will show that we have been most active in promoting land use compatibility with aircraft noise impacts. Specifically, Mendota Heights has: 1. Worked with the Metropolitan Council and local legislators to achieve passage of statutory authority for local governments to adopt the building restrictions contained in the Guidelines. 2. Been the only community to adopt the Metropolitan Council's model noise ordinance for promoting compatibility. This includes zoning restrictions on land use types, as well as imposing additional q building code requirements for new structures (residential and commercial) within the noise zones. 3. Amended the City's Comprehensive Land Use plan to be consistent with the restrictions.in the Guidelines. Specifically,, a 20 acre parcel within Noise Zone 3 was changed from single-family residential to office. Also, multi -family, rather than single-family uses are promoted in much of Noise Zone 4. 4. initiated discussions with home owners in the western part of the City (in the Ldn.65 contour and Policy Contour Zone 3) about buying out properties impacted by airport noise. All of these noise compatibility efforts, have been totally at local expense, without financial assistance from any regional agency. . It is true that Mendota Heights is allowing construction of new residences within Policy Contour Zone 4. However, such construction is totally consistent with the restrictions for Zone 4 as prescribed in the Metropolitan Council's model noise ordinance. The new homes include the noise attenuation features discussed above. From a noise compatibility standpoint alone, we recognize that it would be beat to have no new homes in this area. However, these lands are in close proximity to single-family neighborhoods that have existed since the 19,5019. As we are sure the members of MASAC can appreciate, other land use objectives dictate that we not try to force commercial or industrial uses into this area. Eagan indicates that they have relied on the land uses prescribed, in the -Policy Contours, and that past land use decisions based on these reliances,must be respected in the present decision. However, the Cohtours were not adopted until April, 1983, and we are unaware of any major changes in land use direction implemented by Eagan since that date. In fact, despite their stated proclivity for the Policy Contours, Eagan has yet to enact them into law five years after their adoption by the Metropolitan Council. This is not to impugn Eagan's past land use planning efforts. Both communities have been very responsible in promoting land uses compatible with the needs of the airport. It is simply that we cannot accept the argument that Eagan has placed great reliance specifically on the contour maps found in the Metropolitan Council's Guidelines, and therefore those contours must be the controllingg factor in the present decision regarding acceptable flight patterns. To the contrary, the two cities and MASAC should select a flight pattern option that: 1) distributes unavoidable noise impacts as equitably as possible between existing residences OWA in the two communities, and 2-) impacts the least total number of households, regardless of the community in which they are located. The Metropolitan Council should then redraw the policy contour maps, as they have already stated they will o, to be consistent whatever flight patterns are determined to be most consistent with those objectives. To do otherwise would be to allow the proverbial "tail wagging the dog.'" The.inequities between Eagan and Mendota Heights discussed above are, in actual practice, exacerbated further by the fact that the FAA has taken the opportunity of the magnetic shift to expand the cone of operations from 15 to 28 degrees, all of it to the north. The City of Mendota Heights continues to raise its concern that these past decisions expanding the flight corridor have not been subjected to the required environmental review process. We understand that the FAA is doing further research on this issue, and we eagerly await their analysis. We also concur with MASAC Chairman Rockenstein that the FAA should attempt to quantify its contention that a "4 -mile no turn" rule will significantly reduce.the operational capacity of parallel operations on Runways 11R and 11L. Thank you for the opportunity to comment further on this issue. cc: Tom Hedges, City of Eagan Jeff Hamiel, MAC Hal Greenwood, MAC Bernard Friel, MASAC Sincerely, Charles E. Mertensotto Mayor 3g3O PLOT 006 ROAD. G.O. BOXIM EAGAN,.WN ES01A 55121 PHONE (612).45441M November 221 1988 WALTER TaDCKERSTEIR, SIR METROpOLITAW AIRCRAFT SOUND ABATEMENT COUNCIL 6040 28TH AVZWJR SOUTH InmrAFOLIS, NX 58450 Rea Mendota Heights -Lagan Corridor Resolution 2 -- Dear Mr. Rockenstain: vt etumpti aoN AQWAS WAN WM IL GWAFSON RVAILAMCCRFA 9E000M IA111C1118i ODA" mss+ �QANS IeJf.ES Oti �sNran a=" VM 0AWA >E c4Cw This purpose of this correspondence is to request MASAC support of the compromise betvaen Alternatives 2 and 3 proposed by the City of Eagan to resolve the corridor issue. This compromise will result in noise impacts which most closely correlate to the Metropolitan Council's policy Contours and will assist the communities and the region in containing the noise impact rather than opening broad nev areas to noise as would the be the case vere Alternative 4 to be considered. We believe that the rationale for supporting an operating scenario vhich is as consistent as possible with regional policy has been vell stated in previous meetings and correspondence. To date, it vould appear that everyone agrees that our remaining task is to determine the'best base location for a fifteen degree area of standard safety separation for departures southeast of the airport. The City of Eagan would strongly encourage XRSAC to recommend an Alternative 2-7 compromise as the only equitable resolution to this matter. .. To respond to any remaining questions in this regard, it would be appropriate as well to consider certain issues raised in the Mendota Heights correspondence of October 6, 1988, previously distributed to MASAC. Mendota, Heights asserts that Alternative 4 affects fever households than the other alternatives. In so doing, it considers only the departure peak hour L10 contour and fails to consider the Ldn contours which show the aggregate effect of all operations including landings and off-peak traffic. In fact, if the Ida household counts are controlled for the 225 apartments which Mendota Heights allowed to be built in noise Zone III after the' policy contours were in place, the Idn impact of all three alternatives is greater in Eagan. 11f !Orf OAK TIE ..lrf SYWM OF STW4TK APD GROWTH !f our COMMUNITY Mendota Heights incorrectly asserts that the Policy Contours Were predicated on a -iv* degree loft turn for- parallel departures. .s'hey Were in fact based on an eleven degree turn (105 degrees from a 116 degree centerline). While Mendota Heights does not acknowledge the Policy Contours as a valid descriptor of Where municipalities should expect noise impact to be concentrated, they do state that the 105 degree corridor headings -avoided neighborhoods completely. , I Would add that it also did so equitably. Eagan continues to assertthat the actual Policy Contour assumptions represent a fair center point for current -noise impacts as would be the case with a comproaise between Alternatives 2 and 3. Despite Mendota. Heights' protests,, 1t bas and continues to encourage single family and townhome development Within the Policy Contours. it is not insignificant that developers of Mendota Heights' Copperfield Addition advertise it as °quiet, peaceful country living, minutes from both downtowns and the airport." While it is'true that twenty acres in the impact area have been changed from a residential to a commercial Comprehensive Guide designation, the rest of southeast Mendota Heights remains guided for residential uses. Many of the homes which Mendota Heights uses to support its contention that impacts should move dramatically south have been built within the Policy Contours since their adoption. Par from being totally consistent with metropolitan policy, residential development is conditional upon the implementation of land use controls and performance standards like those in the model noise ordinance. In the future, Ragan's Comprehensive Guide Plan indicates ,a net reduction of 150 homes in noise impact areas in each of the alternatives being considered. in comparison, Mandota Heights will add 600-1000 homes in those sans impact areas. In fact, Mendota Heights proclivity for residential development in noise impact areas is illustrated by the fact that there will be more impacted bones in their preferred Alternative 4 (1174) than currently exist in their least "preferred Alternative 3 (1083). It does not make any sense for other communities to suffer the consequences of Mendota Heights' decisions.. Mendota Heights also suggests that the Eagan has not adopted the Policy Contours since 1983. That is because Eagan incorporated a draft of the contours in its Comprehensive Guide Plan in 1980. Mendota Heights also states that Eagan has made no development modifications as a result of the contours or their assumptions, yet in the same breath admits that Eagan has promoted land uses which are compatible with the airport. It is in reliance upon the Policy Contour's assumptions that Eagan has allowed residential development in the southern two-thirds of the City. In short, Mendota Heights' fundamental argument is that Alternative 4 affects the fewest residences. it does so by l C> taking advantage of Ragan's prudence in maintaining as broad a land use buffer as possible. aagan's foresight in this regard should not act to the detriment of its existing residents and to the benefit of new and potential Mendota Heights residents. Mendota Heights can commit to residential development within the Policy Contours for a variety of reasons if it wishes to, but it should accept the consequences. simply put, regardless of when the Policy Contours were adopted, they represent a (mown regional policy standard. Current operations should relate as closely to them as possible. To shift traffic and impact areas dramatically southward as a consequence of one city's development decisions would be what Mendota Heights refers to as the "tail wagging the doge The city of Eagan has negotiated in good faith and has repeatedly offered a compromise which is generous and fair. Mendota Heights has assumed a position which would permit residential development in known noise impact areas while opening broad new areas of impact in traditional residential neighborhoods as little as a mile and a half from the runway and. We must live with the realities of the today's level of traffic volume, not use it as an excuse to seek individual ends. The City of Eagan urges MASAC to solicit Metropolitan council input on the relationship of the air transportation system, specifically operational patterns, and regional land use policy. With that information' and the documentation provided to date, Eagan further encourages MASAC to adopt the proposed compromise between Alternatives 2 and 3 as the basis for corridor procedures consistent with compatible land uses. If you have any questions in this regard, please contact me. Sincerely yours, an Hohenstein Administrative Assistant MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT'TO THE CITY ADMINISTRATOR DATE,: APRIL 131, 1989 SUBJECT: AIRPORT RELATIONS COMMITTEE ACTION EAGAN/MENDOTA HEIGHTS CORRIDOR RESOLUTION On Tuesday, April 11, 1989 the Eagan Airport Relations Committee met in regular session and considered the Eagan/Mendota Heights Corridor issue. The Committee reasserted its position that the City should support a MASAC Study Alternative III which would establish traffic at a point five degrees north of runway centerline for runway 11R with safety separations 15 degrees north of that. The Committee also reasserted a willingness to consider a compromise with the City of Mendota Heights which would incorporate MASAC's Study Alternative 2, such that all traffic departing runway 11R would operate within an area from runway centerline to a point 5 degrees north of runway centerline, and that departures from runway 11L be separated 15 degrees north of the established 11R heading. This motion passed with five,members voting in favor and one abstaining. The stated reason for the abstention was that the City should support only Alternative 3, which replaced 11R traffic at a point 5 degrees north of centerline, and the City should not offer a compromise absent a good faith indication from the City of Mendota Heights that it is prepared to accept that compromise. It is further stated that the City of Eagan should not bear the consequences for Mendota Heights historic and continued decisions to build residential units within known noise zones, and in fact, immediately under established flight tracks,. The Committee wishes this information to be forwarded to the Council for its consideration at the October 18 Council meeting,. If you have any questions concerning this action, please contact me. AsYistant to,the City Administrator ��3 Agenda Information Memo April 18, 1989 City Council Meeting RECONSIDER ALIGNMENT OF TRAILWAY ADJACENT TO DANIEL DRIVE 8 LEXINGTON POINTE PARKWAY B. Request to Reconsider Alignment of Trailway Adjacent to Daniel Drive and Lexington Pointe Parkway --Property owners residing on Lexington Pointe Parkway and Daniel Drive have raised objections to the installation of the trail in the boulevard area adjacent to their homes. City staff has explained to those property owners who have contacted the City that the trail was proposed by the City and agreed to by the developer as a condition of platting to maintain the integrity of the master trail system. The developer was required to put in the trailway and apparently did not notify the residents prior to staking the trailway alignment, which raised a, number of questions that have been addressed to the City. This item is being placed on the agenda at the request of the residents who want to appear and object to the trailway and ask for either elimination or modification. For additional information on the item, refer to a memo prepared by the Director of Community Development and an attachment from the signed and exgcput�ed development Wreement. These items are enclosed on pages through t. As a reference point, this development is located within the Lexington South PUD, south of the Eagan High School/Dakota Middle School development., ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a modification to the trailway along Lexington Pointe Parkway and Daniel Drive. coq April 10, 1989 City Administrator City of Eagan Dear Administrator: As a representative of the home owners on Daniel Drive and Lexington Point Park Way, in the Lexington Point Development, I request that a hearing before the City Council be scheduled for the next available session: The topic of our petition being the construction of a sidewalk or bike trail adjacent to the property of these parties concerned. David Ashton 4278 Daniel Drive Eagan, Minnesota 55123 (612 452-0798 Office (612 452-4671 Home JOS MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE# DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 13, 1989 RE: TRAILSWAYS ALONG LEXINGTON POINTE PKWY E DANIEL DRIVE The Department of Community Development has researched the files for Lexington Pointe developments that abut Daniel Drive and Lexington Pointe Parkway. All developments have referred to a trail dedication and installation of a trail on either side of these two roads. In December, 1988, the developer, as well as homeowners in the area, met with the park committee regarding relocating the tra-ilways to the other side of the street. The park committee's recommendation was that the trail system remain as is and be installed in accordance with the stipulations of the development agreement. In conclusion, it appears that the developer has been aware of these trailways and has indicated to staff that he has made these conditions of plat approvals known to the builders regarding the installation of the trail. Therefore, the background information is documented and this trail should be installed in accordance with the development agreements. If you desire additional information or have further questions, please advise. Attached are copies of the conditions of the development agreement. dcr/js Attach. 1 0 EXHIBIT B 1. All standard platting conditions shall.be adhered to. 2. No side -yard variances with buildings less than 15 feet apart shall be allowed. 3. This plat shall be subject to a parks dedication fee. 4. Downstream trunk storm sewer facilities shall be ordered for installation by Council action prior to final plat approval. S. An erosion and sediment control plan shall be submitted and approved prior to issuance of a grading permit or final plat approval. 6. In addition to all common lot line drainage and.utility easements, appropriate utility and ponding easements must be dedicated based upon final design alignment and elevations. 7. This development shall be responsible for providing a sanitary sewer stub to the adjacent commercial property. 8. Major and minor access locations onto Diffley Road shall be in accordance with Dakota County Highway Department recommendations. 9. Daniel Drive shall be 80 feet wide and Lexington Pointe Parkway shall be dedicated with 70 foot wide rights-of-way if trailway is determined to be necessary. All remaining interior residential streets shall be a minimum SA foot wide, right-of-way. 10. This development shall be responsible for the acquisition of all regulatory agency and County permits in the time frame required by the affected agency.. 11. This development shall assume its assessment resp onsibilities, associated with trunk area storm sewer. 12. An eight foot wide bituminous trailway or a five foot concrete sidewalk shall be constructed along the west side of Daniel Drive or located as determined by the Parks Commission, as the responsibility -of this development. 13. The westerly extension of Daniel Drive and its intersection with the north -south major and minor connection to Dif'fley Road shall have a "T" configuration. 14. A detailed storm sewer system shall be submitted and approved by staff prior to issuance of a grading permit or final plat approval. Exhibit "B" - continued Page 2 of 2 12. An 8 foot bituminous trailway or, a;,5 foot 'concrete sidewalk shall be constructed along the west side of Daniel Drive as the responsibility of this development and adjacent unplatted property. 13. All standard plat conditions shall be, adhered to.. 14. The side yard setback shall allow dwelling units to be a minimum of 15 feet apart. 15. The entire 82 acres east of the Highl.ine easement shall be rezoned by amendment to the Lexington South Planned Development and a detailed development plan provided for the additional 54 acres. 16. The developer shall be responsible to construct and maintain a 20 foot wide gravel surface haul road to service this development for all construction activity, if needed, prior to the construction of the Daniel Drive extension under Project #510. 17. That the Developer is responsible to acquire and dedicate the necessary right-of-way for the extension of Daniel Drive between the existing Daniel Drive and Diffley Road, and that all such costs of acquisition including condemnation costs, shall be paid by the developer. log Agenda Information Memo April 18, 1989 City Council Meeting DECLARE SURPLUS PROPERTY 8 SET JUNE 3 AUCTION DATE C. Declare Miscellaneous Property Surplus/Authorise for Sale and Auction on June 3, 1989 --Each year the City has sponsored a public sale/auction to dispose of surplus equipment and police evidence that has exceeded the statutory 1'mitations and become City property. Enclosed on pages - 6 through off for review is: first, that equipment the City, is recommending as surplus property. The second page relates to those items declared as surplus property by the Police Department. This item was published in the official newspaper as a "New Business" item and in future years could be listed'as a "Consent" item. ACTION TO BE CONSIDERED ON THIS STEM: To approve or deny the declaration of certain City property and police evidence as surplus and authorize the sale and auction on June 3, 1989. The exception are those items that will be sold through a published ad in the League of Minnesota Cities magazine. `05 0 CITY OF EAGAN SURPLUS FOR AUCTION SATURDAY, JUNE 3, 1989 Landscape screens: 14 beige 5' x 5' 6 green 7' x 4' (wide) 3 orange 5' x 5' 1 green 7' x 3' (wide) 3 brown 5'x 5' 2 rust 5' x 5' 2 god d 5' x 5' 4 brown 5' x 2'(wide) 2 saw horses (not very sturdy) 1 large frame with glass 1 light fixture (ce.il.ing) 1 lamp (desk) 1 typing wing 42" x 20" repainted, no drawers 10 double unit card files 4" x 6" 3 room humidifiers 2 humidifier generators assorted ring binders 1 3M 596 copier with cabinet 4 Diablo printers and 5 II -P 150 computers to be sold through ad in Minnesota Cities lLc) CITY OF'EAGAN SURPLUS FOR AUCTION 1 Car vacuum 1 Air pot 1 Alpine equalizer 1 Alpine radio 1 Box of nails 1 Speaker (Realistic) 1 CB antenna 1 Car phone antenna l 16 oz.. claw hammer 1 Boom box (Toshiba) 1 Kodak movie camera 1 pr. radio speakers 2 pr sunglasses 4 rings & necklaces 1 Black jacket 1 Triml:iner phone 1 Tape box and two tapes I 5 -gallon gas can 1 Fi.sh locater (Lawrence) 39 assorted bicycles SATURDAY, JUNE 3, 1989 kitchen cabinets from Schindeldecker family for use in Eagan fire stations or City buildings Agenda Information Memo April 18, 1989 City Council Meeting VARIANCE/WARFIELD FOR FRONTYARD SETBACK D. variance, Bobby and Denise Warfield, Request for a 10 Foot Frontyard setback to the Required 30 feet, LeMay Lake Hills --Bobby and, Denise Warfield have made application for a 10 foot variance to the 30 foot frontyard setback requirement to construct a home and attached garage in Lot 4t, Block 2, LeMay Lake Hills Addition. For additional information on this item, refer to a report prepared by the Planning ,,4 Engineering Departments enclosed on pages'_l 3 through J / i ACTION TOME CONSIDERED ON THIS ITEM: To approve or deny the 10 foot variance to the 30 foot frontyard setback to allow the construction of a home and attached garage in Lot 4, Block 2, LeMay Lake Hills Addition as ,applied ,for by Bobby and Denise Warfield. SUBJECT: VARIANCE APPLICANT: BOBBY AND DENISE WARFIELD LOCATION: LOT 41 BLOCK 2, LEHAY LAKE RILLS 1345 TOWERVIEW ROAD EXISTING ZONING: PD R-1, SINGLE FAMILY DATE OF PUBLIC REARING: APRIL 18, 1989 DATE OF REPORT: APRIL 11, 1989 REPORTED BY: PLANNING AND ENGINEERING DEPARTMENTS APPLICATION SUMMARY An application has been submitted requesting a 101 Variance to the 301 front yard setback. The applicant is intending to construct a home and attached garage on lot 4, block 2, LeMay Lake Hills Addition. The proposed garage location would encroach 101into the front yard setback area, a total of 281 square feet. Lots 1 through 3, block 2, LeMay Lake Hills, have not received front yard setback variances. Both lots in the Holmes Addition have received 101 variances to the front yard setback. Holmes Addition is located to the east of the parcel in this request. The applicant feels that, due to the steep grade on his property, it is necessary to move the building closer to the front property line, alleviating the burden of construction on the slope. The proposed house meets all other setback and building coverage requirements. If approved, this Variance shall be subject to all other Code requirements. U __ longi _oxx Ro _ ?-T— Rdu.u' „11155 4 i tpII� L\f �..in Pior if ry -- — cox R i - x'go W W <41 �\ q _.. � ,�' M ,.RD �b R M 1(1 �Il OVARRY PARR MI —q, ; •gym r.. _2 �t� 1 I� .fir::\• :L y\\ Io t_ o I L[MAr ' * r pap dl,Rt r t FF �tti' l�t1' i r �� tt� B• 8• ' 1 a )'. t, r 2T_ RVI M' a _ ROAD p:. .. i - LU KA n.., M e ADD TION ! i p gciY jk' Nr W. n s Ar QUARRY 'LANE a*oJ ► / rr•, nc -•=a, • rye;' rr .. nw ,:fes. , rre ,HR1 '3'a.\,X �I •.{ls%��•. PARK i r., •,� J. f !1 n Y\i• . Yt \ � m - �•'� w .f a %•�.''. !' d7• \. :�. .•r0 • \'*:''? . .: nry •� ie r • IJ• fr 'r \C@ ° dll �k. DOlop 26 It b u.0 .tllP:. I �•..� �TI • J r 1 'SC' CERTIFICATE OF SURVEY ;., .�.; i,;-.•:! cir .`r umh•r n•: .'.,i r..- ,unor- `.•i ..•`n a11,1, that I art a 1114 rttgi •��r!'; r. I nii, l :nrvv%-,r undo,r thr laws. of 6'e^ ti[ae� „f 71inneq,rt+. yob .A 4 P 9YP SLJISCALE 1 !0 1 0 ?E!7cTEE IRON f.!Cf1 - !0 I O ?E!acTEE IRON t.!Of; REFARE'- FOR: ro Id 'Phillip, "Ii nncapnl To'J.rE--- .R-,/ 1'cw R o p,b BEARd7J_. ARE ASSUMED DATUM. JACOBSON SURVEYORS -; KEv1LLE, MN 55044 PHC,fiE - 469-4328 ..J. —,.-7 Agenda Information Memo April 18, 1989 City Council Meeting PRELIMINARY PLATS/KINGSWOOD THIRD ADDITION E. Preliminary Plat for Kingswood Third Addition/ Horne Development Consisting of 46 Bingle -Family Lots and 28 Acres Located on the West Side of Pilot Knob Road --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider a preliminary plat for the Kingswood Third Addition consisting of 46 single-family lots on 28 previously zoned R-1 acres located between I -35E and Pilot Knob Rd., south of Englert Rd. Also considered was a variance to a cul-de-sac length in excess of 500 feet. The Advisory Planning Commission is recommending approval of the preliminary plat and variance as presented. For additional information on this item, refer to a report prepared by the Depa tment of Community Development and Public Works found on pages 1171_ through Z-�o The Advisory Parks and Recreation Commission at its April 6, 1989 meeting approved and recommended to the City Council a cash parkland dedication for portion of all lots located south of the southern Blackhawk PD Boundary, which includes Lots 10 through 16 and 38 through 43, Block 1,, Kingswood Third Addition. This action should be considered as a condition if the Kingswood Third Addition is to be approved by the City Council. For additional action as taken by the Advisory Planning Commission refer to a copy of their minutes enclosed on pages through `Z� ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) preliminary plat entitled Kingswood Third Addition and 2) variance to the 500 foot requirement for a cul-de-sac. CITY OF EAGAN SUBJECT: PRELIMINARY PLAT, VARIANCE (KINGSWOOD 3RD ADDITION) APPLICANT: BORNE DEVELOPMENT COMPANY LOCATION: BE 1/4 SECTION 16 a NE 1/4 SECTION 21 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: MARCH 28, 1989 DATE OF REPORT: MARCH 20, 1989 COMPILED BY= DEPARTMENT OF COMMUNITY APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat for the -Kingswood 3rd Addition consisting of 46 single family lots on 28 previously zoned R-1 acres located between I -35E and Pilot Knob Road just south of Englert Road'. A Variance is necessary is for cul-de-sac lengths in excess of 500'. The northern 21.5 acres were 'rezoned and preliminarily platted into 30 single family lots with the Oak Meadow Addition late last summer by Meritor Corporation. The southern 6.5 acres owned by Horne Development ,were also rezoned to a single family classification last year and would have been serviced through the Meritor plat. Mr. Horne is in the process of purchasing the Oak Meadow area and will rename the entire area "Kingswood 3rd Addition". Since the Oak Meadow Addition was never final platted, this proposal would not be considered a replat. EXISTING CONDITIONS/SITE PLAN: Currently, this site consists of open grassland with steep slopes failing towards a ponding area in the center of the plat. Trees in the low -..lying area will be left intact,, for the most part, with the proposed grading. The single access point onto Pilot Knob Road is in the same location as the previously approved plat. The plat differs slightly in that the road continues along the northern property line, creating walkout lots overlooking the pond. An exhibi-t has been included showing how this area to the north could be developed and tied into this proposal. The major concern of bordering families is the proposed assessments for the east/west road - (Street C). This new proposal creates three additional lots and all lots vary in size from 13,475 sq. ft.. to 41,965 sq,. ft. with an average of 22,,506 sq;. ft. The net density is 1..9 units per acre. This plat is proposing a landscaped entrance 35E, as well as cul-de-sac island plantings are well done, however, detailed plans will final plat submission. Currently, these proposed as outlots and this may change creating potential tax forfeiture parcels. addressed with the final plat. and buffer along I - The planting plans be required with the open spaces are being due to concern of This issue will be GRADING/DRAINAGE/EROSION CONTROL: The preliminary grading plan submitted as a part of this application proposes cut and fill areas ranging from 16' +/- to approximately 20' +/- respectively. The development is proposing to construct two retaining walls, one located along the north property line and the other located at the southeast corner of the proposed development. The development will be required to submit detailed plans and specifications for the proposed retaining wall construction for staff's review and approval. All slope areas will have to meet the City's 3:1 slope requirements. All proposed grading is confined within the boundaries of the proposed development. All site generated storm water runoff is required to be conveyed to Pond JP -5. Pond JP -5 is a designated ponding area in the City of Ea,gan's Comprehensive Storm Sewer Plan. Any proposed modifications to Pond JP -5 requires the approval of MnDot. A preliminary erosion and sediment control plan was submitted as a part of this application. UTILITIES: Sanitary sewer service of sufficient depth and capacity is available to the site in I-35 right-of-way at the southwesterly corner of the proposed development. The development is proposing to utilize this connection and serve the entire site by gravity flow.At certain locations with this proposed layout, sewer depth will be in excess of 351. Also, with the proposed layout, a portion of the sanitary sewer would be constructed on lot lines and a berm splitting the existing ponding area. The proposed cover over the sewer pipe through the berm area would be approximately 2'-11. Sewer line maintenance would be a problem if constructed' as proposed. An alternative to this proposed layout would be to serve the westerly lots by gravity and connect to the existing stub located in I' -35E right-of-way at the southwesterly corner of the proposed development. The easterly proposed lots would drain by gravity and in a northerly direction to the intersection of the proposed access road and Pilot Knob Road, then north along•the west right-of-way line of Pilot Knob Road to Englert Road to an existing 15" sanitary sewer. This existing sewer has sufficient depth and capacity to serve this area. The alternate sanitary sewer layout would substantially reduce the sewer depth and construction costs. All the sewer lines would be constructed within public right-of-way. Utility and construction easements would be necessary if a sewer line were constructed along the west right-of-way of Pilot Knob Road from the proposed access road north to Englert Road. `A water main service of sufficient pressure and capacity is readily available in Pilot Knob Road. Water main service has been stubbed to the property line as a result of the reconstruction of Pilot Knob Road. The development will be required to provide water main service to the property line located at the southeast corner of the proposed development for future service. Houses constructed below elevation 875 will be required to install individual pressure reducing valves. STREETS/ACCESS/CIRCULATION: Public street access to this site is readily available and is proposed in one location at the northeast corner of the proposed development. The Dakota County Plat Commission had previously approved the access point of this preliminary plat at its August 29, 1988 meeting when it was submitted as Oak Meadow. Both proposed cul-de-sac's length are in excess of the 500' maximum length permitted by City Code. The projected A.D.T. at the location of the proposed street at Pilot Knob Road will be approximately 500 trips per day. EASEMENTS/RIGHTS-OF-WAY/PERMITS: The development has proposed to dedicate the necessary right-of-way for the upgraded Pilot Knob Road. The County will be requiring restricted access along the Pilot Knob Road frontage. The development will be required to supply the appropriate easements for those public utilities constructed outside of the dedicated public street right-of-way. The development will also be responsible for acquiring the appropriate slope easement and street right-of-way from the northerly adjacent property. The development will be required to provide the appropriate ponding easement for Pond JP -5 to incorporate the required high water level and storage volume requirements in accordance with the City of Eagan's Comprehensive Storm Sewer Plan. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. FINANCIAL OBLIGATIONS': Based upon a study of the financial obligations collected .in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee ,schedule and connections proposed to be made to the City's utility system based on the submitted plans. ROJ # DESCRIPTION RATE 24 Lateral Benefit Water 6.88/ff TOTAL QUANTITY 460 ff AMOUNT $ 3,165 $ 3,165 0 KINGSWOOD 3RD ADDITION CONDITIONSt 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C3, C5, D1, El, F1, and Gl. 2. Potential tax forfeiture issues shall be resolved prior to the final plat submission concerning the outlots and cul-de- sac island issues. 3. The development will be required to submit detailed plans and specifications for the proposed retaining wall construction for staff's review and approval. 4. All slope areas are required to be 3 to 1 or less. STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staf'f's report in accordance with: the final plat dimensions and the rates in effect at the time of final plat approval. B. Basements and Rights -of -Nay 1. This development shall dedicate 10' drainage and utility easements centered over all common.lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate 'share of the acquisition costs of additional drainage,' ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundarie:s'of this plat or outside of dedicated public right-of-way as necessary to service this. development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall• be designed by a registered professional engineer ,in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval,. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-s'a'c constructed in accordance with City engineering standards. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 5. A1.1 internal public and private streets shall be constructed within the required right-o.f•-way in accordance with City design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfull its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 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III .I 'M' -, 1 /�_ 'c'��/,I"�,�'r r,A B._'•� 11 � �`. I , j I; w: 5 i I f I I •1C, r v _L7F-}' . .'� I 1 II 1 \ 1 �I .1•I I / I'Ii' 411 I Ili I,II j1�1 1 I I •i I!i � 11!�ii1 IV: IIII Ili!11•j'!II;II:'I �� I I I I I I I I I� IIII 11 p �1�I11;�.111 li �'I.II.I I'iii'1�I III IIII I I I I i � ,i I i�iiill��1II11 I Illi'II I;I1;4.1!•I,•,I'liil fIIIIIIIIIII i JIIIII. 1111 / YO ;Oi ` •� 1 ./ 04' w. aI-' r � Jr' I�'`.i � }� r it •, n � Il ii'1ll �l �''I� r i// 'll'I I.Ii1;J, 1'i• .Ili��l�l�i•l r I�n!, r� �� 1 '❑I'`� 1 I I "• 1�jI , .TI,rI•P;' 11M�y li I; II.I 1 1 r 1 i.. ...I 111 I �i•,q�••'/ni 111. 11�yI �1_— 'i;ailii'rl ��•1 i � i , ri • '• 1'',i; 7Ap 1. lll�{.1 Ej i 1 I - ^\• •- -r. , '� ,' , !-lYL 1, r! III .I 'M' -, 1 /�_ 'c'��/,I"�,�'r r,A B._'•� 11 � �`. I , j I; w: 5 i I f I I •1C, r v _L7F-}' . .'� I 1 II 1 \ 1 �I .1•I I / ead P+lwo uepa3 "IWPV Pic [ '1'— pa OMY•O VeeM 90IMM �� ••� - ._ __ � �., 14 I I I ^�� n � • / � [ 1�' irn gar i, ' I + „ 11 111 _ I i ;�.`'';'��\'�' r p -7 L51MW65,0 (37 kQD/) �.CZNArw" 73.a/76.0 --- - 103=' .: p •4• I EIV ACK r jw jKp�� III :;:.�.,,.,�:.•.. � S � Y J-. r _ p, �s si.a77.0 SARK /` " N J-I E T2 iL=1 269 01 120 ,\_ -f 177 iPARK ssal•�wI� 121 EE 60aC QT+[uanNN ' -- 4020 6/ 125 .0160 I55.. C :I J. V7. '! i �'.� I 1.,^`•- 7s33 SUBJECT PARCEL F1 03 city of eagari WATER '�'oiid plati°IItl PUBLIC WORKS MASTER PLAN DEPARTME Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 19,89 4. The parking setback along Lone Oak Road will be 35 feet from the new 10 foot right-of-way easement line;. 5. The project will be designed so that access to the truck port will be taken from Neil Armstrong Boulevard. 6. The newly created parcels shall be combined at the County within 60 days of the waiver of plat approval, with documentation to the City Clerk within 3O days, of the recording. 7. All signage shall be subject to the City's one-time' sign fee of $2.50 per square foot. B. The proposal shall be subject to a cash parkland dedication according to the current policy and a 6 foot wide concrete sidewalk be placed along Lone Oak Road. 9. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the waiver of plat dimensions and the rates in effect at the time of the City releasing, the waiver of plat for recording. 10. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 11. The development is subject to further requirements relating to grading, drainage, erosion control, street access, storm sewer, ponding, sanitary sewer, easements and water main as necessitated by the building permit process review by City staff. All voted in favor. RINGSWOOD 3RD ADDITION/BORNE DEVELOPMENT Chairman Pawlenty opened the next public hearing regarding the application for a preliminary plat consisting of 46 single family lots on 28.0 acres located along the west side of Pilot Knob Road in the southeast quarter of Section 16 and the northeast quarter of Section 21. City Planner Jim Sturm summarized the application for the Commission. He informed the Commission that the staff had concerns regarding the assessment issue.. Be stated that the outlots should be combined to prevent tax forfeiture. Rollie Crawford (Horne Development) stated that the plat was around the MOOT ponding area and thus the request for the variance for the cul-de-sac. He stated that most issues would be resolved before the final platting process. Be explained the retaining walls Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 and observed that the conditions were acceptable. He pointed out that the park dedication for the 21 acre portion had been previously met. Be requested approval of the application. Joel Cooper (Pioneer) was present for technical questions. Hank Brewstel, adjoining landowner, requested safety measures for the retaining walls. He had questions regarding the sewer and water layout. He asked what types of homes would be constructed and had concerns regarding the assessments. Assistant City Engineer Mike Foertsch responded that the sewer line had not been reviewed in detail but that the most beneficial layout would be used. He emphasized that the retaining walls are required to be constructed of masonry keystone. Member Merkley asked if there would be anything on top of the walls. Mr. Horne stated that bushes or a rail could be used. Mr. Foertsch recommended the addition to proposed condition number'3 of a safety rail requirement on the walls. Mr. Horne agreed to the addition to proposed condition number 3. Member Voracek had questions regarding the existing home driveways. City Planner Jim Sturm showed the locations.. Member Voracek questioned if there were existing easements. Mr. Sturm stated yes. Voracek questioned if there were any changes from the previous plat regarding the conditions. Mr. Sturm stated no. Member Graves questioned if the berming would screen the freeway. Mr. Sturm stated yes and that also the trees would be transplanted. He commented that there would be no gravel in the cul-de-sac islands. Graves asked if the islands would be maintained. Mr. Sturm responded that the question was being addressed. Mr. Crawford addressed the assessment issue and commented that Mr. Brewstel should not pay if his property was not benefited. He stated that an apportionment of costs would be addressed down the road and that he did not foresee any difficulties. He further stated that the sanitary sewer alignment was being evaluated. He pointed out that he too wanted maintenance of the islands. Mr. Sturm reported that the cul-de-sacs were about 1000 feet. Member Merkley asked if the grading would occur in the MnDOT right-of-way. The developer stated it was not in the plans. Mr. Sturm commented that the park dedication was necessary only on two outlots and that it would be a cash dedication. Voracek moved, Graves seconded, the motion to close the public hearing and approve a preliminary plat consisting of 46 single family lots on 28.0 acres located along the west side of Pilot Knob Road in Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 the. southeast quarter of Section 16 and the northeast quarter of Section 21, as requested by Horne Development, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al,, B1, B2, H3, B4•, C1, C2, C3, C5,, D1, E1, rl and G1.. 2. Potential tax forfeiture issues shall be resolved prior to the final plat submission concerning the outlots and cul-de-sac island issues. 3. The development will be required to submit detailed plans and. specifications for the, proposed retaining walls (including a safety railing) construction for staf'f's review and approval. 4. All slope areas are required to be 3-1 or less. All voted in favor. EAGAN-CENTER 4TH ADDITION/TRI-LAND IP Chairman Pawlenty convened the public hearing regarding an application for a,preliminary plat consisting of one lot and three outlots on 32.21 Planned Development - Community Shopping Center zoned acres and a conditional use permit for a daycare facility in a Community Shopping Center district located along the east side of Lexington Avenue, south of Kensington Trail (extended) in the northwest quarter of Section 26. City Planner Jim Sturm briefed the Commission regarding the application from Tri -Land Partnership. He stated that the request was for a preliminary plat of 32.21 CSC zoned acres within the Lexington South Planned Development into an 0.;80 acre lot for a,daycare facility and three outlots for future development. John Camp (developer) was available for questions. Randy Peterson informed the Commission that the street would be dedicated. Member Voracek questioned if the parking was sufficient should the daycare facility use change. Mr. Sturm stated yes. Chairman Pawlenty had questions regarding the landscaping. Mr. Sturm stated he did not foresee an problems with the landscaping. Gene Peterson commented that a chain link or wood fence would be provided. Mr. Sturm pointed out that a black chain link fence would work well in the development. Member Gorman requested the addition of a condition regarding the black chain link fence. W Agenda Information Memo April 18, '1989 City Council Meeting PRELIMINARY PLAT/EAGAN CENTER"THIRD ADDITION F. Preliminary Plat for Eagan Center Third Addition/Tri-Land, Partnership Consisting of One Lot, Three Outlots on 32.21 PD-csc Zoned Acres and a Conditional Use Permit for Day -Care Facility --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider a preliminary plat and conditional use permit application submitted by Tri -Land Partnership to plat 32.,21 zoned acres within the Lexington South PD into 1.80 acre lot for day-care facility and three outlots for future development located along the east side of Lexington Ave. abutting Walnut Hill Park on the south. The Advisory Planning Commission is recommending approval of both preliminary plat and conditional use permit. For additional information on this item, refer to a report prepared by the Department of Community Development and Public Works Engineering found on pages _I 3 / through 1 yr . The Advisory Parks and Recreation Commission at their April 6;, 1989 meeting is recommending 1) the parcel is within the Lexington South PD and subject to a cash obligation according to a subsequent planned development agreement and 2) the proposal is responsible for the placement of a six foot concrete sidewalk along Lexington Pointe Parkway and a eight foot bituminous trail along Lexington Ave. This action should be considered as a condition of approval if Eagan Center Third Addition is to be replatted as proposed.. For a copy of the act -ions by the Advisory Plann' g Commission, refe to those minutes., copies enclosed on pages � through (7 for your reference. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat and conditional use permit for Eagan Center Third Addition as requested by Tri -Land Partnership. �3� CITY OF EAGAN SUBJECTs PRELIMINARY PLAT, CONDITIONAL USE PERMIT (RAGAN CENTER 3RD ADDITION) APPLICANT,: TRI -LAND PARTNERSHIP LOCATION: NW 1/4 SECTION 26 EXISTING ZONING: CSC (COMMUN3TY'SHOPPING CENTER) WITHIN THE LEXINGTON SOUTH PLANNED DEVELOPMENT DATE OF PUBLIC HEARING: MARCH 28, 1989 DATE OF REPORT: MARCH 22, 1989 COMPILED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT APPLICATION SUMMARY:, An application has been submitted by Tri - Land Partnership requesting a Preliminary Plat of 32.,21 CSC -zoned acres within the Lexington South Planned Development into 'a 1.80 acre lot for a day-care facility and three Outlots for future development located along the east side of Lexington Avenue, abutting Walnut Hill Park on the south. Currently, this site is Outlot C of the Lexington Pointe Addition. A Conditional Use Permit is necessary for a day -case facility in a CSC district. Earlier this year, a preliminary plat application for a golf driving range was proposed as Eagan Center 3rd Add-ition, but since that platting was not required, this item will become the Eagan Center 3rd Addition and not the.4th. SITE PLAN: Lot 1, Block 1, consisting of open flat grassland would be developed immediately for a New Horizon day-care facility. This will require the easterly extension of Lexington Pointe Parkway, approximately 200' from Lexington Avenue where a temporary cul-de-sac will be constructed. A gravel construction road serving the Lexington Pointe residential area to the east, is presently in,this location. The building will be constructed with a brick and cedar exterior, the same as the building along Scott Trail, north of Cliff Road. All building and parking setbacks.meet Code requirements and proof -of -parking has been demonstrated if the use should ever change to an office type. The landscape plan needs to be upgraded to meet current City landscape policy standards. This can be.accomplished with' the final plat submission. Outlot A (5.2 acres) will eventually be dedicated as R.O.W. for Lexington Pointe Parkway. Outlot B (4.4 acres) and Outlot C (21.8 acres) will be replatted as future development occurs. 13' GRADING/DRAINAGE/EROSION CONTROL: The proposed grading plan submitted as a part of this application shows grading limited entirely to Lot 1, Block 1. A minimal amount of grading is required for this proposed development. -The development proposes to collect the storm water runoff with an internal storm sewer system and then conveyed it by pipe in a northwest direction to the existing storm sewer located in Lexington Avenue where a new manhole is proposed to be constructed. The runoff is then conveyed north and easterly to Pond JP -29. Pond JP -29 is a designated ponding area in the City Comprehensive Storm Sewer Plan. No preliminary erosion and sediment control plan was submitted as a part of this application. UTILITIES: Sanitary sewer of sufficient depth and capacity is readily available along the east boulevard of Lexington Avenue. Water main of sufficient capacity and pressure is available from the 20" DIP water main located in the west boulevard of Lexington Avenue. An 8" DIP water main stub is located at the east right- of-way line and north of the proposed development and is available for connection and extension to serve this development. The development will be required to also provide sewer and water services to the property lying north of the proposed street for future service. STREETS/ACCESS/CIRCULATION: Access to the proposed site is readily available from Lexington Avenue and the proposed east -west roadway. A single access point is proposed for this development. It is required that the proposed east -west roadway be in alignment with the existing private street lying on the west side of Lexington Avenue. The driveway entrance is required to be 30' in width. EASEMENTS/RIGHT-OF-WAY/PERMITS: The development is proposing adequate half right-of-way for Lexington Avenue. The development will be responsible for dedicating a 80' right-of-way for the proposed east -west public street with the construction of a temporary cul-de-sac at the easterly end. 'The development will be required to provide utility easements for those public utilities constructed outside of the public right-of- way. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. 15 Z FINANCIAL OBLIGATIONS: Based upon a study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City"s utility system based on the submitted plans. ROJ # DESCRIPTION 304 Sanitary Sewer Trunk 304 Water Trunk 538 Water Availability Chg 304 Lateral Benefit Water Trunk 330 Trail TOTAL RATE QUANTITY AMOUNT 1,365/a .8 a $ 1,097 1,380/a .8 a 1„109 2,115/a .8 a 1,699 2.12/ff 192 f 407 8.10/ff 192 ff 1,555 PARR ISSUES: The parcel is within the Lexington Development. This development is subject to a according to the subsequent Planned Development proposal is responsible for the placement of sidewalk along Lexington Pointe Parkway and an trail along Lexington Avenue. $ 5,867 South Planned cash obligation Agreement. The a 6' concrete 8' bituminous EAGAN CENTER 3RD CONDITIONS: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, Bl, B2, B3, Cl, C2„ C3, C4., C5, Dl, E1, F1, and Gl. 2,. A. revised landscape plan shall be submitted with the final plat that adds trees along Lexington Avenue, as well as trees and.berming along Lexington Pointe Parkway. 3,. No parking on Lexington Avenue or Lexington Pointe Parkway shall be permitted. 4. This plat name shall be revised to the Eagan Center 3rd Addition. 5. The development is required to provide sewer,and water service to the northerly adjacent property. 13� STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Basements and Rights -of -Flay 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. M STANDARD CONDITIONS OF PIAT APPROVAL PAGE TWO 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. B. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfull its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved': August 25, 1987 September 15„ 1987 Revised: LTS#2 STANDARD I �f '7 ' I-EX!NjTwf-ZJ rjC.:,NJTE 2^b ADD:T',,XJ I cunni WLOT I it T II omni E NGTON C, IWILOI I r4GAN Fj' KENSINGTON I LACE iIST LE,'�P3T'-Al PCNT.' 2NO AMMON LLI Cf.) cunni L LLJ CN L) , IN M < II a' 3R0 10 � Ili � C, IWILOI I r4GAN Fj' KENSINGTON I LACE iIST LE,'�P3T'-Al PCNT.' 2NO AMMON LLI Cf.) LLJ L) , IN < 3y S~73 T"L- TRASH ENCCO UR Csr:is ry•= i i . PLAY AREA SURROUND V WE DATA ung. va.o�� os a• 3y S~73 T"L- TRASH ENCCO UR Csr:is ry•= i i . PLAY AREA SURROUND CC _M1 JL -oma �^J•��t '[ec YrwV \\ MI 4-)I7 —0 W II �I � \ � Ef•1 \ r...+y r R a!Q i exe .cn. e 6 6 "wain v+•ice 9 : �.. Vie. r:. .. v-y�i�':F �:- � '�I ;.449-� •` _ _ �,�� :�._.__�.�__.aY.. tea:,: 7.��•:: , i exe .cn. e 6 6 "wain v+•ice 9 : �.. U, IJ !s Ile ti 'EXINGi N. PONTE 7_FC ADCiT;OPJ n IlIOII! r %- PRELWICRY PLAT FOR. EAGAN CENTER 4In ADD. _ sgli/e.f Wi d&TRI-LAND SURVEYING CO.,11 SWK+ORS / CNp KCRS / PLA?"RS ,p,. Ry,q.q{few. \R • Y�11N p,p w110®I.IO.IYa..�• n a s ' �—^—Z � y b i f� [� [Lis Ile ti 'EXINGi N. PONTE 7_FC ADCiT;OPJ n IlIOII! r %- PRELWICRY PLAT FOR. EAGAN CENTER 4In ADD. _ sgli/e.f Wi d&TRI-LAND SURVEYING CO.,11 SWK+ORS / CNp KCRS / PLA?"RS ,p,. Ry,q.q{few. \R • Y�11N p,p w110®I.IO.IYa..�• n i [� [Lis �c ,43{ 1 ? acE A=�ITICN Ile ti 'EXINGi N. PONTE 7_FC ADCiT;OPJ n IlIOII! r %- PRELWICRY PLAT FOR. EAGAN CENTER 4In ADD. _ sgli/e.f Wi d&TRI-LAND SURVEYING CO.,11 SWK+ORS / CNp KCRS / PLA?"RS ,p,. Ry,q.q{few. \R • Y�11N p,p w110®I.IO.IYa..�• n n::. i.4 .... 8 � v r f) 0 USMIIG 45 LElIff AVE 1'7 IJJ /. ,v -/ 1L H LExaJGT'rJ , PONTE b m ZFU acama wY n� I PRELYNtRT. PLAT FOR. ��• EAGAN CENTER UA ADD. ....I ... L-1 —_I (AoeR L•w 0 9&TRI•LAND S{R VET1NG CO -01 51FVE�ORS / ENGMERS / PLANERS �. a..w-.sly.+ • a.. �.. EI I r I B �----z r s I el{ oil 7 jp E H, I IR ACE ppIiTICd! %TRI-LAND'SURVEYVA 0,M S.RVE.DRS I ENVNEERS I PLANNERS O•. YY•A wIp1.Y.\R . Vn 10! •we...n. ®i•m�rr w ssw I r LEXtriT;r! , POINTE 3FC ArDT!CTJ. to .••w.•u• .•l•••.'..•�.. i.. Revisions Y PREE.RI.RY PLAY FOR: ERGONCEN7ERAIA A DD.e:..... Nn W %TRI-LAND'SURVEYVA 0,M S.RVE.DRS I ENVNEERS I PLANNERS O•. YY•A wIp1.Y.\R . Vn 10! •we...n. ®i•m�rr w ssw F, in in D^ C) m m ON 0 R 5 6 i �E EE i i4.1\SI�Y� LACE ACCITICN k EI I Cw 1aG 43 IIERKTUV AVE 11 o rn i cl o. +) / / F `I r �j` �L� El— - —I CT LEXRYT;M, PUNTE 3FC APDTI^_AI n H.H.. n...... ' 'Revisions A. J '�. �% Tib —'�tE—aTRI-LAND �RECM.eRt Ret fell: y,1RVEtING.CO.,INC •. EAGAN CENTER 41h PDD. PENfJNEERs / RYVEeS H„� •� e..•... •� ••• �lu,i�...✓ .4/e: i.n� eu yA.'Eigis ir.n w.n,® m �.rRr:r �sr� E. PARR �I 12� I 2d� 20 21 237 121-' 794 055.1, EoGAN - •�. '72i.7-Rf HIGH SCHOOL _ ADDITION 1020 G 1/75.0 39. ZA/ Ru 21.5/ 1 �'1 IS 33.0 II E 4 M IGRWNB 1 �•�; STORAGE 1 _ HI/LA059 20 GC• 3/ LC�`' e I� 1oz w�T HILL ,i AD51 .. - _109'$. x+10 do 2 279 18 81.6/100.0 - �. _ 88.0/108.0 +< "i""SUBJECT PARCEL FIG 03 city of Sagan WATER approved: plate°1: PUBLIC WORKS MASTER PLAN DEPARTME Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 the southeast quarter of Section 16 and the northeast quarter of Section 21, as requested by Horne Development, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al. B1, B2r B3r B4, C1, C2, C3, C5, D1, E1, F1 and G1. 2. Potential tax forfeiture issues shall be resolved prior to the final plat submission concerning the outlots and cul-de-sac island issues. 3. The development will be required to submit detailed plans and specifications for the proposed retaining walls (including a safety railing) construction for staff's review and approval. 4. All slope areas are required to be 3-1 or less. All voted in favor. EAGAN CENTER 4TH ADDITION/TRI-LAND PARTNERSHIP Chairman Pawlenty convened the public hearing regarding an application for a preliminary plat consisting of one lot and three outlots on 32.21 Planned Development - Community Shopping Center zoned acres and a conditional use permit for a daycare facility in a Community Shopping Center district located along the east side of Lexington Avenue, south of Kensington Trail (extended) in the northwest quarter of Section 26. City Planner Jim Sturm 'briefed the Commission regarding the application from Tri -Land Partnership. Be stated that the request was for a preliminary plat of 3.2.21 CSC zoned acres within the Lexington South Planned Development into an 0.80 acre lot for a daycare facility and three outlots for future development. John Camp (developer) was available for questions. Randy Peterson informed the Commission that the street would be dedicated. Member Voracek questioned if the parking was sufficient should the daycare facility use change. Mr. Sturm stated yes. Chairman Pawlenty had questions regarding the landscaping. Mr. Sturm stated he did not foresee an problems with the landscaping. Gene Peterson commented that a chain link or wood fence would be provided. Mr. Sturm pointed out that a black chain link fence would work well in the development. Member Gorman requested the addition of a condition regarding the black chain link fence. I �� Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 Member Voracek had questions regarding proposed condition number 3 and asked if no parking signs would be posted. Mr. Sturm stated that the condition would run with the parcel. Gene Peterson addressed the street parking issue. Miller moved, Gorman seconded, the motion to close the public hearing and approve a preliminary plat consisting of one lot and three outlots on 32.21 Planned Development - Community Shopping Center zoned acres and a conditional use permit for a daycare facility in a Community Shopping Center district located along the east side of Lexington Avenue, south of Kensington Trail (extended) in the northwest quarter of Section 26, as requested by Tri -Land Partnership, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on. September 15, 1987, shall be complied with: Al, B1, B2, B3, C1, C21 C3, C4„, C5, D1,, E1, F1, and G1. 2. A revised landscape plan shall be submitted with the final plat that adds trees along Lexington Avenue, as well as trees and berming along Lexington Pointe Parkway. 3. No parking on Lexington Avenue or Lexington Pointe Parkway shall be permitted. 4. This plat name shall be revised to the Eagan Center 3rd Addition. 5. The development is required to provide sewer and water service to the northerly adjacent property. 6. The development is required to provide a black chain link fence or other limited visibility fencing. All voted in favor.. SODERBOLM ADDITION/EAGLE ENTERPRISES Chairman Pawlenty opened the public hearing regarding a Comprehensive Guide Plan amendment changing, the land use designation from D -I (Single Family, 0-3 units per acre) to LB (Limited Business), a rezoning of 7.89 PD R-4 (Planned Development - Multiple Residential) acres to a PD LB (Planned Development- Limited Business) district, a preliminary plat consisting of eight lots and a conditional use permit for a pylon sign located in the northwest corner of Lexington Avenue and Diffley Road in the southwest quarter of Section 23. l4-� Agenda Information Memo April 18, 1989 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING PRELIMINARY. PLAT CONDI_T_IONAL USE PERMIT BODERHOLM ADDITION G. Comprehensive Guide Plan Amendment for Soderholm Addition/Eagle Enterprises, Changing the Land Use Designation from D -I to LB, Rezoning of 7.89 PD R-4 Acres to a PD LB, Preliminary Plat Consisting of 8 Lots and 'the Conditional Use Permit for a pylon sign --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider applications from Eagle Enterprises with reference to Soderholm Addition for Comprehensive Guide Plan Amendment, Rezoning, Preliminary Plat, Conditional Use Permit as identified in the agenda item. The Advisory Planning Commission is recommending approval for all the applications as presented. For additional information on this item, refer to the report prepared by the Department of Communit velopment and'Public Works Engineering referenced on pages through The Advisory Parks and Recreation Commission at its April 6 meeting approved for recommendation of the City Council that the proposal be subject to a cash parkland dedication and also an 8 foot bituminous trail along Diffley Rd. For a,&opy of the A•P.0 action, refer to pages through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) Comprehensive Guide.Plan Amendment from D -I to LB, 2) rezoning of 7.89 acres PD R-4 to PD LB, 3) a preliminary plat entitled Soderholm Addition, and 4) a conditional use permit for a pylon sign. SPECIAL NOTE: The City Council may wish to discuss both items G and H, due to the comprehensive planning the City is requiring for the development of this parcel. Action to rezone and consider Comprehensive Guide Plan Amendments and other actions must be separated as two separate agenda items. I�Q CITY OF EAGAN SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLAT, CONDITIONAL USE PERMIT (SODERHOLM ADDITION) APPLICANT: EAGLE LOCATION: SW 1/4 SECTION 23 EXISTING ZONING: R-4 (MULTIPLE) DATE OF PUBLIC HEARING: MARCH 28, 1989 DATE OF REPORT: MARCH 20, 1989 COMPILED BY: DEPARTMENT OF COMMUNITY APPLICATION SUMMARY: Separate applications have been submitted requesting a Rezoning of 6.39 R-4 (multiple zoned) acres within the Lexington South Planned Development to a Limited Business district and a Preliminary Plat for the Soderholm Addition consisting of eight lots on 7.89 acres. Two of these lots are designated for the existing City well facility and the NW Bell utility building. The Conditional Use Permit is for a pylon sign. The site is located at the northwest intersection of Lexington Avenue and Diffley Road. The Covenant Church of Eagan owns a triangular parcel to the north, currently zoned R-4. COMPREHENSIVE PLAN: The project site is designated in the Comprehensive Land Use Guide Plan for D -I (single family, 0-3 units per acre). The proposed commercial uses would be consistent with the LB (Limited Business) designation. As such, the project requires a Comprehensive Plan Amendment to change the land use designation from D -I to LB. An LB designation would be generally compatible with adjacent D -III (Mixed Residential, 6-12 units per acre) and PF (Public Facility) uses to the east and south. However, site design of the project should contain adequant buffering to maintain appropriate transitions between the proposed LB uses and the adjacent D -I uses to the north and west. BACKGROUND: A similar proposal consisting of three lots and an outlot were approved by the Advisory Planning Commission and denied by the City Council in September of 1988. The major concerns were: access locations onto the County roads, the amount of land the City would need to retain for the reservoir site, traffic concerns, the amount of commercial land in the area, and that the development was inconsistent with the Comprehensive Plan. The applicants have submitted a new plan platting the entire area between the church property and Diffley Road. The City will construct a reservoir on the 60 -acre tract of land on the south side of Diffley Road which will also be developed into an athletic field complex. A retail study demonstrates that there is enough retail zoned land in the general area, but the, question is whether -or not it is in the right location. At this time, the study supports additional square footage. The applicant, as well as the City, is currently working with the County regarding the proposed right-of-way widths and possible medians in the County roads. At the staff review meeting, it was generally agreed to the two access points: one full access onto Lexington Avenue and another full access onto Diffley Road that may be reducedto a right in/right out with the improvement of that road. The existing farmstead will receive access from Lexington Way, not Diffley Road. SITE PLAN: The site plan has been modified from the original plan providing better vehicular circulation by creating clear, private drives that do not have any parking on them. The Covenant Church to the north will share the access onto Lexington Avenue. This is with the understanding that Lexington Way will not be closed off with the cul-de-sac. As with the previous plan, all buildings, will be constructed of brick and glass and will meet Limited Business zoning regulations. Following is a breakdown of each lot: Lot 1 Block 1 Lot 2 Block 1 Lot 3 Block 1' Lot 1 Block 2 Lot 2 Block 2 Lot 1 Block 3 Lot 2 Block 3 Lot 3 Block 3 (one acre) 6,206 sq. (one acre) 9,000 sq. ft (1.l acre) (.92 acres) (1.,8 acres) (1..1 acres) (.34 acres,) (.01 acres) ft. child clinic 5,625 sq. ft. bank existing farmstead proposed LB uses future LB uses future LB uses City well facility care facility with future NW Bell utility building All building and parking setbacks meet Code requirements. The amount for the child care facility, clinic, and bank, meet code regulations as well. 1/�Ils� b The prelim-i•nary landscape plan is well done and will viisually tie the three lots along Diffley Road together through a mixture of overstory,/understory evergreens and shrubbery. The pylon sign at the intersection of the two County roads has not been designed yet, but would need to conform to City Signage Code requirements;. PARR ISSUES: The proposal be subject to a cash parkland dedication and an S' bituminous trail be placed along County Road 30. psi GRADING/DRAINAGE/EROSION CONTROL: Due to the relatively flat existing topography of the proposed site minimal site grading is required for development. Four to six foot high bermed areas are proposed along both Diffley Road and Lexington Avenue. Proposed first floor building elevations are approximately the same elevation as the Diffley/Lexington intersection. Drainage within the site is directed to an internal storm sewer system. The drainage from the proposed site then drains to the east and ties into the existing storm sewer in Lexington Avenue, which drains to the northeast to Pond JP -29. Pond JP -29 is a designated ponding area in the City Comprehensive Storm Sewer Plan. The existing storm sewer located in Lexington Avenue is adequately sized for the additional runoff from this proposed development. A preliminary erosion and sediment control plan was submitted for review asa part of this application. UTILITIES: Sanitary sewer to serve this property is readily available along the north property line and extended into the central portion of the site. Adequate depth and capacity is provided with this existing sanitary sewer line. The City has a water pressure booster station located in the northeast corner of this proposed plat (proposed Lot 2, Block 3). A separate water line is planned to be constructed under City Contract from this booster station in a southwest direction to fill the proposed reservoir at the southwest corner of Diffley Road and Lexington Way. The internal water system for this proposed development will get its water supply from either the 12" water main located along the south side of Diffley Road or the 20" water main located along the west side of Lexington Avenue. Both of these water lines are located on the high pressure side of -the City Water System. STREETS/ACCESSICIRCULATION: One access to the development is proposed along Diffley Road midway between Lexington Avenue and Lexington Way. Dakota County has expressed concern that .,a center median be ,constructed so a right -in and a right turn out only will be permitted from this location. One access to Lexington Avenue is proposed near the northeast corner of the proposed development. An East-West internal roadway from Lexington Avenue to Lexington Way is proposed for traffic circulation. EASEMENTS/RIGHT-OF-WAY/PERMITS: The development is proposing to dedicate 60' half rights-of-way for Lexington Avenue and Diffley Road. A 33' half right-of-way is proposed for Lexington Way. The development will be required to provide appropriate public utility easements for those public utilities which serve more than one platted parcel and for the water main connecting the Lexington Avenue booster station with the proposed reservoir. All regulatory agency permits shall be required within the appropriate timeframe as required by the affected agency. The development will be required to provide cross easements for public access and internal traffic circulation. FINANCIAL OBLIGATIONS: Based upon a study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. FROJ # DESCRIPTION RATE QUANTITY AMOUNT 538 Water Availability Chg. 2115/ac 7.39 a $15,63,0 299 Lateral Benefit Water 2.12/ff 1031.4 ff 2,186 Trunk 330 Lateral Benefit Water 8.95/ff 240 ff 2,148 Trunk 330 Storm Sewer Trunk .070/sf 38,287 sf 2,680 330 Storm Trunk Upgrade .013/sf 288,725 sf 3,753 330 Storm Trunk Upgrade .027/sf 33,000 sf 891 330 Lateral Benefit Storm 3.43/ff 430 ff 1,473 Trunk 330 Trail 8.10/ff 1,121 ff 9,080 Fut. Street - Diffley 90.35/ff 616 ff 55,656 330 Street - Lexington Ave. 22.20/ff 430 ff 9,546 TOTAL $103,05'1 ��3 SODERBOLM ADDITION CONDITIONSi 1. These standard conditions of,plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2,, B3, Cl., C2., C4, C5, Dl, El, F1, and G1.. 2. The existing farmstead shall take its access directly from Lexington Way, 3'. The driveway for the NW Bell utility building/water facility connecting to Lexington Avenue shall be closed. 4. The pylon sign shall meet all Code size and height requirements and all ,signage shall be subject to the one time sign fee of $2..50 per sq. ft,. 5. All trash shall be contained within the buildings, or the enclosures shall be attached to the buildings and constructed of the same materials. 6. All rooftop colors shall blend with the brick. 7. The plat shall be amended so the City's well facility is on the smallest piece of land possible and that the private drive will not be on City property. 8.. Cross -easements shall be provided throughout the site. 9. No rooftop mechanical equipment shall be visible from the streets. 10. The development is subject to additional right-of-way requirements and median construction on Lexington Avenue and Diffley Road as required by Dakota County. The development is required to provide cross easements for public access and internal traffic circulation: is/ STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staff"s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. H. Easements and Rights -of -Kay 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment,, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 3. This development shall dedicate all .public right-of-way and temporary slope easements for ultimate deve-lopment of adjacent r'o'a-d'ways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate dr:aina,ge and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1.. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes a'nd e-n.ginee,ring standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4,. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. )S3 STANDARD CONDITIONS OF PIAT APPROVAL PAGE TWO 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. B. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall f;ulfull its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to un.le.ss specifically g;=anted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: LTS#2 STANDARD . Ak ANORTHWEST CONFERENCE A MUMU CONFEWAX W "ffEVLhrZUcUCoVV"N,Q,,,,W 4721 East 31st Street • Minneapolis; Minnesota 55406-2360 • phone 612-7214893 Jim Sturm City Planner City of Eagan 3830 Pilot Knob Rd Eagan MN 55122-1897 Dear Mr. Sturm, March 13, 1989 MAR 1 5 1989 Thank you for convening the meeting last Monday concerning our land in Eagan. It was very helpful and we hope we can move toward a successful arrangement for all involved. The following outlines our understanding and agreement on key issues: 1. We are willing to give up our right, though not formally approved except in principal, to access from Lexington across from the apartment entrance, if we are given access at the proposed entrance to the south. 2. The access to our property will happen as we receive an easement from the developer of the land now owned by the city of Eagan. This easement is to be given to the Northwest Conference and successer owners without cost to the Northwest Conference. 3. No development costs for improvements relating to the proposed plot will be borne by the Northwest Conference. 4. Itis our understanding that the county and the city are no longer considering the need for a cul-de-sac on Lexington Way and that Lexington Way will beiill� open at the North and South ends. y m 5. A church sign of proper size,, will be be allowed on the developers property at the new entrance. If these statements are not agreeable to all involved, let me know. Sincerely, J es Haglund As 's nt to the Superintendent cc Del H. Einess - Eagle Enterprises David R. Zech - Dakota County Dennis R. Griswold - D. R. Griswold and Associates R. AUSTW CRAIG W. WEISOF Director of Minnehaha Academy Christian Education President Is -7 -6: z -� � &-� ~%I P�, MMI O '� .c MDIITMvIb L , VARR �Ilis PW,RoGN •c • .P s EAGAM MRY III lSY ri• _ c{�r ��A.. .......,_ S IO�.'I'i � N W y'• II I II'I �< 3333[[: q yyyS a Ln Wji 1_�1I 999 gpa gP,6R 1� L r p yQ Y dieLi I l l l i€ COVENANT CHURCH • "'—"�. LEXINGTON HILLS OF EAGAN \ tet. ADDITION Jg Law l t PARCEL 1 — CRY OF EAGAN w.r' w I t� y�I,,E• I�IcL� u I� 111 ©�.I' •_i.. F 1 2I -1 ¢. ;I EPISCOPAL ��y0 1 ,I;��,. EPISCOPAL CHURCH �I ��jIT., I I PARCEL 3 CEL LLLLLLJJJJII]�I , JItIt RIP.=: -- DIFFLE FiiJAF - - S.Aii. 30_ �• N.WN YNYI� ,T � Y 1 I• Y,I EAGAN CENTER . KENSINGTON PLACE II - 'I -let. ADDITION let. ADDITION' `rn' / J 1 \ \\ •" L[ E, tooCi-R E-- C t E t t 11 1 1 • 11___ 52 t t Y t Y !'.39 COVENANT CHURCH OF EAGAN _A it f i-147 —r"---- 1 �o- {ij 000q ..... 11 g S I�i �tf9;i s 4 !l444��a1 IM f i-147 —r"---- ---, = II BLOCK 3 _ ---�—Ir — --=; ----_ ! It LB N• BLOCK .2- �y 6 ,8 •Cr/11w �. R. LB C1BLO BLOCK 1 I• I I KENSINGTON PLACE 11L.ADDITION le0 .r B LEXINGTON HILLS 151. ADDITION EPISCOPAL CHURCH EAGAN CENTER tet ADDITION " 1 I' 'k Li y • L li COVENANT CHURCH OF EAGAN LEXINGTON HILLS Ist ADDITION ;L EPISCOPAL CHURCH 11--=-IFF`OAD— LEIFR-, II'r '. Y,I•Yw lry KENSINGTON PLACE ,.L ADDITION �A%A�oFZ F1rl F4 I LA B I uTv E – 7 39 A C Pr c EAGAN CENTER 1&I. ADDITION' Q9 Ice T. 0 W w U w a: r e O LEXINGTON HILLS Ist ADDITION ;L EPISCOPAL CHURCH 11--=-IFF`OAD— LEIFR-, II'r '. Y,I•Yw lry KENSINGTON PLACE ,.L ADDITION �A%A�oFZ F1rl F4 I LA B I uTv E – 7 39 A C Pr c EAGAN CENTER 1&I. ADDITION' Q9 Ice T. 0 W w U w a: o n j= Pa a I t I cet coo r:o c.E; otic iced 6! i i c EF E IEEE Eire tt?E i : ! E E as �•• 1 s E a a 1 •• gg gg gg +i= • � e',� E 4 5 3 ! 5 5 5 4 aeei ti ti �ilE� COVENANT CHURCH Of EAGAN I i KENSINGTON PLACE lat. AD tet. ADDITION LEXINGTON HILLS 1st. ADDITION EPISCOPAL CHURCH EAGAN CENTER let. ADDITION s _ _ 1 as �•• 1 s E a a 1 •• gg gg gg +i= • � e',� E 4 5 3 ! 5 5 5 4 aeei ti ti �ilE� COVENANT CHURCH Of EAGAN I i KENSINGTON PLACE lat. AD tet. ADDITION LEXINGTON HILLS 1st. ADDITION EPISCOPAL CHURCH EAGAN CENTER let. ADDITION COVENANT CHURCH OF EAGAN 3 LEXINGTON HILLS lat. ADDITION —�•Z� � ��='rw'_i.. _aJ�y..i�. +:�.�•�-3_x•1--'-.(sa�'li�—�_.1 i1.:,, ..: I I' I KENSINGTON PLACE II IBL ADDfT1ON ��••::�:.:: ST'oRM SEu.>ER UPGRAO •(,3 AGES EPISCOPAL CHURCH 30= EAGAN CENTER 1st. ADDITION COVENANT CHURCH Of EAGAN II I ��..G LEXINGTON HLLS let. ADDITION J � I I { _ I M�I , 1• - PARCEL t' - k -' CRY OF EAGAN — 1 1 I 71 r � I' �• ti� �M 7'�L•L I I 1 In V Y'• I :...� :•: ,•y,:::': );i •::j; J PARCELS Ip X. I NENSNGTDPLACE ISL ADDITION ION 1 STnern SEWEIZ -reuaK - aeRes EPISCOPAL CHURCH EAGAN CENTER tot. ADDITION r Q W W 2: S , , War Y�. 3 1 COVENANT CHURCH OF EAGAN '-, --'7�CITY PARN �r I t t II I •1 PARCEL S �- It I I 14- CEL 2(, 1. __o Y' *f� It ,. LEXINGTON HILLS 1&1. ADDITION EPISCOPAL CHURCH - -_ DIFF__—_-- 30= Y I Y EAGAN CENTER { i KENSINGTON PLACE lat. ADDITION[11j 1•t. ADDITION LA'TEeAL '$ENF-FtT coq m IJLPG Rpt E —X43 0 F, F. COVENANT CHURCH •'•' OF EAGAN I 11 II �• k 1 PARCEL 1 - �� CRY OF EAGAN �1yN II •,� �t+l Aa F _`I TFTv S I� L I I PARCEL 9 t 1 CEL 2 l l L 1L��JJJJJJ ;•`Ist ■ r L . f' CJI � 1 ..n . LEXNGTDN HILLS 111. ADDITION J I lI ICEN.BNG� CE vto SToRm SeWek 'TRunikC ACRES t -v EPISCOPAL CHURCH EAGAN CENTER tat. ADDITION a I I t II a i I / . _!. COVENANT GI IURCII "'•" OF EAGAN _y..- I f JI Li — 1 EXINGION IIN.LS tel AUDIIION QTY OF EAGAN PARCEL 9 I i ' I EPISCOPAL CHURCH -- • I_ mss —3 - .. .: ; .1.'..... 1 --:Age— _.� ---- = $.A.H: 30 - ^ I p. ---- �; �-��- --- --- �..w�r ._L . � ��•....__ . -_ _— �,. �..� I-- :1 EAGAN CENTER I I KENSINGTON PLACE II •L• �1 lot. ADDITION 1 a1. ADDITION 1 �G#Anka LA'TE¢AL 'BS0QFIT UJAT uNk UP612.Aoe- a40 F.F __. COVENANT CHURCH OF EAGAN t1 a •tte v v s ! te iciii ttttti, iceet f fi � I�if9fi€ -•1--- ..rte -. __ - 1 \ - 41 L' _ 1 _ I " 1 I - PARCEL 1 - — •t CITY OF EAGAN — P�� I .. I I LEXINGTON HILLS 161. ADDITION ..o:. -_� it 1 ,' i.•.. ... � y1 1_] LL. _ 1 1�� l� r I �• �. EPISCOPAL CHURCH 11 ��j •I PARCEL 3 i II L Y1 t, It 11 L� I P CEL Y LLLJJJ �• LJ " 't —t ` i 1 •-- �Tz- ; FFLEi�fibllD —_. _?_— 5.A Hy3Q EAGAN CENTER KENSNGTON PLACE it •L• 'I 'UI. ADDRION LI. ADDITION LEP IJGToM AIJ. STQEET UP — L43o F. F. Val i' T;1' wl• i41 14, , 'd -7— LEXINGTON HILLS 161. ADDITION ..o:. -_� it 1 ,' i.•.. ... � y1 1_] LL. _ 1 1�� l� r I �• �. EPISCOPAL CHURCH 11 ��j •I PARCEL 3 i II L Y1 t, It 11 L� I P CEL Y LLLJJJ �• LJ " 't —t ` i 1 •-- �Tz- ; FFLEi�fibllD —_. _?_— 5.A Hy3Q EAGAN CENTER KENSNGTON PLACE it •L• 'I 'UI. ADDRION LI. ADDITION LEP IJGToM AIJ. STQEET UP — L43o F. F. J11 I COVENANT CIIURCII ' OF EAGAN I LMU 1014 1111 LS L•I AUDIIION Kiri ' ry Dif F i;. Y• KENSNGTON PLACE I set, ADDITION -RCAO UPGfZAOE - EPISCOPAL CHURCH EAGAN CENTER lot. ADDITION' c MII II ! PARCEL 1 — I� •: CITY OF EAGAN + .�.. .a1II I II I I _. 1 •� .. jif II 1 L �� I I PARCEL 3 14p t ICEL 21 Ci ' + o t+l I LMU 1014 1111 LS L•I AUDIIION Kiri ' ry Dif F i;. Y• KENSNGTON PLACE I set, ADDITION -RCAO UPGfZAOE - EPISCOPAL CHURCH EAGAN CENTER lot. ADDITION' I•• � � I'' � � ,nllrr r. iiiiiiio 177 �: NORTIIVIEW D[RR.66rBJ(TBIO �7 --• - PARK ZI EA, MRK c" 1 _ _. i -IE 1111 ADW 1 PATRICK 2� EAGAN _ e", PARK 1 sm B 3.9/72A .�,• j 775/ i 94.0 I 2CrI xD" 5 N 111{11111L x3e 7 12" r55. 4 o j, I i 45.0/52-01 20 9205/ ( AI a ` (� N / 33.0 E 4 M Rb(fNAnn. I• : �.I STC AGE Cr .. r 1059 2 v 8" I 1T1 «ilRio I'2w■--- JGr c11 3[ FK. HILL L 143. vr;SUBJECT PARCEL FIG # 3 city of sagan WATER '�f91id standard PUBLIC WORKS MASTER PLAN DEPARTME ux A, Oi l[[l o iiii¢i '� -FRAIL — I I & j FF Ivl` I I: XING ION IW LS I,L AI)D111t)N EPISCOPAL- CNl1RCN EAGAN CENTER tat. ADDRION I �jZ Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 Member Voracek had questions regarding proposed condition number 3 and asked if no parking signs would be posted. Mr:. Sturm .stated that the condition would run with the parcel. Gene Peterson addressed the street parking issue. Miller moved, Gorman seconded, the motion to close the public hearing and approve a preliminary plat consisting of one lot and three outlots on 32.21 Planned Development - Community Shopping Center zoned acres and a conditional use permit for a daycare facility in a Community Shopping Center district located along the east side of Lexington Avenue, south of Kensington Trail (extended) in the northwest quarter of Section 26, as requested by Tri -Land Partnership, subject to the following conditions, 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, Bl, B2, B3, C1, C2, C3, C4, C5, D1, El, Fl, and G1. 2. A revised landscape plan shall be submitted with the final plat that adds trees along Lexington Avenue, as well as trees and berming along Lexington Pointe Parkway. 3. No parking on Lexington Avenue or Lexington Pointe Parkway shall be permitted. 4. This plat name shall.be revised to the Eagan Center 3rd Addition. 5. The development is required to provide sewer and water service to the northerly adjacent property. 6. The development is required to provide a black chain..link fence or other limited visibility fencing. All voted in favor. ADDITIOB/EAGLE ENTERPRISES Chairman Pawlenty opened the public hearing regarding a Comprehensive Guide Plan amendment changing the land use designation from D -I (Single Family, 0-3 units per acre) to LB (Limited Business), a rezoning of 7.89 PD R-4 (Planned Development - Multiple Residential) acres to a PD LB (Pl'anned'Development - Limited Business) district, a preliminary plat consisting of eight lots and a conditional use permit for a pylon sign located in the northwest corner of Lexington Avenue and Dif#ley Road in the southwest quarter of Section 23. '1-3 Page 8/BAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 City Planner Jim Sturm presented the application summary and background information to the Commission. He informed the Commission of the need for an additional condition regarding irrigation. Dale Einess (developer) highlighted the improvements of the new plan. He stated he was happy to have the right-in/right-out when the median was installed. He advised the Commission he was available for questions. Jim Haagland (Covenant Church) stated he felt good about the project and that the proposed access was the best solution to the access problem. He requested that the church be .allowed to place an entrance sign. He commented that the cul-de-sac at the intersection of Lexington should not be installed. Brad Swenson (Tri -Land) questioned the access distances from the Lexington and Diffley intersection. He stated that the County requested 1200 feet spacing for his project and questioned the discrepancy. Assistant City,Engineer Mike Foertsch explained the spacing requirements. He commented that the spacing was 500 feet and that it was a compromise along Lexington Avenue. He gave a brief history concerning the project. Mr. Swenson commented that the City should have a medical/bank anchor. He commented that his site planned for these uses. He pointed out that the area would only support one complex. Member Graves requested an outline of the existing zoning. Mr. Sturm responded that the property was zoned R-4 in 1975 and that it was designated as D -I in the Comprehensive Guide Plan. Member Merkley had questions regarding the church's property lines. Mr. Sturm explained. Chairman Pawlenty stated that he felt the north intersection (Lexington Way;) should not be left open. Member Merkley advised that if it were closed off, the traffic would go to the Lexington and Diffley intersection. Member Voracek commented that Lexington Way was narrower than the other two streets and that if it were left open, it would need to be upgraded, which would make it a by-pass for the other intersections. Be stated that the matter needed to be addressed. Member Merkley commented that a four -lane road upgrade would not be necessary. Assistant City Engineer Mike Foertsch explained that it was a residential street and that the County did not plan to upgrade the Lexington and Diffley intersection in the current five year plan. He stated that after the upgrade, the creation of a by-pass would be difficult. n`f Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 2'8, 1989 Chairman Pawlenty had questions regarding the use. Member Miller stated he felt the access issue was a concern but that the passage of time may answer the problem. Be commented he felt there were unresolved questions and opposed the development at the present time. Member Graves commented that the use would force more traffic onto the roads and did not see a need for it at the present time. Member Miller stated that the upgrade should occur, and then the use. Graves commented that last year it seemed like a good trade-off, but that single family homes would be better. Member Gorman asked Mr. Swenson to explain his concerns. Mr. Swenson stated that the project would hurt his development. Member Graves questioned the zoning of the City property. Member Voracek remarked that the zoning should be tied to the Soderholm project. He commented that Swenson's use was irrelevant and that the access issue was the only issue. Be stated that the property is zoned R-4 and that it would generate more traffic than the proposal. He remarked that single family would not sell on the parcel and that it made sense to amend it to Limited Business. He felt, it was the best ,feasible alternative. He asked if the access could be moved further from the Lexington/Diffley intersection. Be further stated that the present proposal was an improvement over the last proposal. Member Miller felt that Limited, Business wasn't the only alternative. He stated that all development could be precluded until the traffic issue was resolved. Member Voracek stressed that he felt there would be a legal problem if the project were denied and other property developed. Member Miller suggested not prohibiting but letting the present zoning remain. Member Merkley commented that the access issue would not go away, Chairman Pawlenty asked what would happen if the traffic does increase. Member Miller commented that the access could then be moved back. Member Trygg commented that the issues were being addressed at the present time. Voracek stated he felt it was unfair to the property owner to wait. Be suggested having Swenson wait. Chairman Pawlenty commented that Swenson had the zoning. Voracek suggested the possibility of closing off the Diffley Road access. Ray Connolly explained to the Commission that they had been meeting for a year on the access question. Be stated that the Council had denied because of the water tower concerns. Be stated they have also met with the County and that they were already giving up one access onto Diffley. Be felt that the traffic would flow better with the Diffley access. Chairman Pawlenty commented that they must not look at the projects in a vacuum. He sympathized with Swenson's dilemma as he has the required zoning. � �J Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 Assistant.City Engineer Mike consultant's report regarding the would allow access on Lexington. Foertsch reviewed the traffic access. He stated that the County Ray Connolly stated that if the property was zoned Limited Business, full assessments would be paid. Voracek asked if there would be a turn lane when Diffley was upgraded. Mr. Foertsch stated the •matter had not been identified at the present time. There was much discussion regarding the r-ight-in/right-out turn lanes. Member Graves questioned if there would be park access. Mr. Foertsch responded yes, opposite Lexington Way. Member Graves commented that the property would not go either D -I or R-4 and that the issue was the access to the Limited Business. He recommended no access onto Diffley. Member Merkley questioned if the.City could close the legal access. City Attorney Mike Dougherty stated there was a legal right to the access and that it would be a voluntary measure by the applicant. Member Merkley questioned if the issue had been studied and if there was agreement to the plan. The developer commented that the real problem was with the access to Diffley Road. He pointed out that the neighbors to the west preferred this type of use and that they had labored with the, experts on the access. He commented that they had done the best job they could do. He explained the traffic generation of the uses and commented it would be the best use for the neighborhood. Member Graves requested a condition stating no access onto Diffley. He disagreed that the daycare would not generate traffic. Voracek moved, Trygg seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment changing the land use designation from D -I (Single Family, 0-3 units per acre) to LB (Limited Business) as requested for the Soderholm Addition by Eagle Enterprises. All voted in favor. Voracek moved, Trygg seconded, the motion to approve a rezoning of 7.89 PD R-4 (Planned Development - Multiple Residential) acres to a PD LB (Planned Development - Limited Business) district, for the Soderholm Addition,as requested by Eagle Enterprises. All voted in favor. Voracek moved, Trygg seconded, the motion to approve a preliminary plat consisting of 8 lots and a conditional use permit for a pylon sign located in the northwest corner of Lexington Avenue and Diffley Road in the southwest quarter of Section 23, as requested Page ll/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 by Eagle Enterprises for the Soderholm Addition, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al. B1, B2•, B3, C1, C2, C4, C5, D1, E1, Fl, and G1. 2. The existing farmstead shall take its access directly from Lexington Way. 3. The driveway for the NW Bell utility building/water facility connecting to Lexington Avenue shall be closed. 4. The pylon sign shall meet all Code size and height requirements and all signage shall be subject to the one time sign fee of $2,.50 per sq. ft. 5. All trash shall be contained within the buildings or the enclosures shall be attached to the buildings and constructed of the same materials. 6. All rooftop colors shall blend with the brick. 7. The plat shall be amended so the City's well facility is on the smallest piece of land possible and that the private drive will not be on City property. 8. Cross -easements shall be provided throughout the site. 9. No rooftop mechanical equipment shall be visible from the streets. 1.0. The development is subject to additional right-of-way requirements and median construction on Lexington Avenue and Diffley Road as required by Dakota County. 11. The development is required to provide cross -easements for public access and internal traffic circulation. 12. The development will have no access onto Diffley Road. 13. The development will provide irrigation for the landscaping. 14. The development is required to provide brick and glass exterior on all buildings. 15. Any development of an outlot must be approved by the Advisory Planning Commission and City Council prior to development. l'�7 Page 12/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 16. Thedeveloper is required to acquire the City property. All voted in favor. SAGAS WOODS OFFICE PARR II/TRAMMEL CROW COMPANY Chairman Pawlenty convened the nezt public hearing regarding an application for a preliminary plat consisting of one lot for an office building and an outlot for future development on 25.9 Planned Development district acres located in the southwest corner of Pilot Knob Road and I-494 in the northeast quarter of Section 4. City Planner Jim Sturm briefed the Commission regarding the application. Linda Fischer (attorney for Trammel Crow) commented on the staff report and stated she had concerns regarding the right-of-way. She stated the developer had a vested right to present the right-of-ways. She remarked that the developer was willing to accommodate the 60 foot right-of-way, but wanted the parking to remain, and thus the setback would be 15 feet. She reviewed the building design. She informed the Commission the developer was comfortable with the remaining conditions. Assistant City Engineer Mike Foertsch pointed out that the right-of-way problems could be handled in the technical stage. Chairman Pawlenty declared he felt the first stage was tremendous. Member Graves questioned if there were any problems with the old plat. The developer stated no and gave a brief history. Member Merkley questioned the size of the parking stalls. Mr. Sturm stated 9 feet. There was more discussion regarding the parking. Merkley asked what type of street lights would be installed. Mr. Sturm stated the development contract would deal with the street lights. Merkley requested the addition of a condition that street lighting be installed. Try.gg moved, Gorman.seconded, the motion to close the public hearing and approve a preliminary plat consisting of one lot for an office building and an outlot for future development on 25.9 Planned. Development district acres located in the southwest corner of Pilot Knob Road and I-494 in the northeast quater of Section 4, as requested by Trammel Crow Company for the Eagan Woods Office Park II, subject to the following conditions: Agenda Information Memo April 18, 1989 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT REZONING/CITY OF EAGAN H. A Comprehensive Guide Plan Amendment for City of Eagan and a Rezoning of Approximately 1.5 Acres from R-4 to LB Located North of Diffley Road, West of Lexington Avenue --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider a request by the City to rezone 1.5 acres R-4 to LB limited business, a property that is no longer required as a residential site given the recent acquisition of the HUD parcel south of Diffley Rd. and west of Lexington Ave. This property is located adjacent to the Soderholm parcel of which development plans are outlined in the previous item referenced as New Business, Item G. The APC is recommending approval. This item was placed on the April 4 City Council agenda, however, continued to allow for the Soderholm Addition/Eagle Enterprises presentation and action. The LB zoning as suggested by the City would be consistent to the rezoning request by Eagle Enterprises as described in Item G, New Business. For additional information onis item, refer the staff report, copies enclosed on pages LtV through The APC min }is for this item are included on pages through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the Comprehensive Guide Plan Amendment and rezoning of 1.5 acres of R- 4 to LB, which will allow the City to declare the property surplus and sell to the adjacent property at a fair market value. REPORTED BYs OF COMMUNITY DEVELOPMENT APPLICATION SUMMARY: At the March 7, 1989 City Council meeting, staff was directed to take the necessary steps to allow the potential sale of approximately 1.,-5 R-4 (Multiple) zoned acres to a LB (Limited Business) district, thus requiring a Rezoning. This site currently holds a City well facility,, however,, that, uses only needs a small portion -of this site. This site is located along Lexington Avenue, just north of Di-ffley Road. There is no vegetation of significance on this flat site. COMPREHENSIVE PLAN: The subject site is designated D -I (Single Family, 0-3 unite per acre) in the Comprehensive Land Use Guide Plan. Development of the site with Limited Business uses would therefore require a Comprehensive Plan amendment. This LB` designation would be generally compatible with the adjacent D -III (Mixed Residential, 6--12 unitsper acre) and PF (Public Facility) uses on the east and south. However, adequate buffering of this site from the, adjacent D -I uses to the north and west is needed to provide appropriate transitions between these land uses. �4' SUBJBCT: GUIDE PLAN ! _DOMPRESENSIVE ` ZZONING E APPLICANT: CITY OP MOAN . ' LOCATION: B 1/4 SECTION 23 EXISTING Y.ONINGt R-4 (MULTIPLE) DATE OF PUBLIC SEARING: iNARCS 2&,1989' DATE OF REPORT: MARCB 22, 1989 REPORTED BYs OF COMMUNITY DEVELOPMENT APPLICATION SUMMARY: At the March 7, 1989 City Council meeting, staff was directed to take the necessary steps to allow the potential sale of approximately 1.,-5 R-4 (Multiple) zoned acres to a LB (Limited Business) district, thus requiring a Rezoning. This site currently holds a City well facility,, however,, that, uses only needs a small portion -of this site. This site is located along Lexington Avenue, just north of Di-ffley Road. There is no vegetation of significance on this flat site. COMPREHENSIVE PLAN: The subject site is designated D -I (Single Family, 0-3 unite per acre) in the Comprehensive Land Use Guide Plan. Development of the site with Limited Business uses would therefore require a Comprehensive Plan amendment. This LB` designation would be generally compatible with the adjacent D -III (Mixed Residential, 6--12 unitsper acre) and PF (Public Facility) uses on the east and south. However, adequate buffering of this site from the, adjacent D -I uses to the north and west is needed to provide appropriate transitions between these land uses. FMnow. .. ' ��,y�j��- 7P • . .; • �.it) '.i Page 17/EAGAN ADVISORY PLANNINGZCOMMISSION MINUTES March 28, 1989 CITY OF RAGAP/LRXINGTON SOUTH PLANNED DEVELOPMENT/NORTHEAST QUARTER OF SECTION 26 Chairman Pawlenty convened the public hearing regarding an. application for a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 Townhouse acres within the Lexington South Planned Development to a Single Family district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. City Planner Jim Sturm updated the Commission on the matter. Trygg moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 R-3 (Townhouse) acres within the Lexington South Planned Development to an R-1 (Single Family) district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. All voted in favor. CITY OF EAGAN/LEXINGTON SOUTH PLANNED DEVELOPMENT/SOUTH HALF OF SECTION 26 Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 Double acres within the Lexington South Planned Development to a Single Family district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. City Planner Jim Sturm introduced the matter to the Commission. Merkley moved, Graves seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 R-2 (Double) acres within the Lexington South Planned Development to an R-1 (Single Family) district located along the north side of Wilderness Run Road, and east of walnut Hill Park in the south half of Section 26. All voted in favor. CITY OF EAGAN/LEXINGTON SOUTH PLANNED DEVELOPMENT/SOUTHWEST QUARTER OF SECTION 23' Chairman Pawlenty opened the last public hearing for the evening. regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 Multiple acres within the Lexington South Planned Development to Limited Business, located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. 1�Z Page 18/EAGAN ADVISORY PLANNING COMMISSION MINUTES' March 28, 1989 City Planner Jim Sturm summarized the application for the Commission. City Attorney'Mike Dougherty informed the Commission that Members Voracek and Trygg should amend their motion in regard to the Soderholm Addition and add a condition number 15 stating that the City properties must be purchased. Voracek moved„ Trygg seconded, the motion to add condition 15 to the Soderholm Addition conditions for the preliminary plat stating that the Soderholm Addition must purchase the City of Eagan property. All voted in favor,. Trygg moved, Graves seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 R-4 (Multiple) acres within the Lexington South Planned Development to LB (Limited_ Business) located north of Diffley -Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. All voted in favor. ADJOURNMENT Miller moved, Voracek seconded, the motion to adjourn the meeting of the March 28, 1989, Advisory Planning Commission at 11:45 p.m. All voted in favor. ---------------------------------- Secretary - Eagan Advisory Planning Commission Agenda Information Memo April 18, 1989, City Council Meeting PRELIMINARY PLAT/EAGAN WOODS OFFICE PARR II I. Preliminary Plat, Trammel Crow Company/Eagan Woods Office Park II, Consisting of One Lot for an Office Building and an outlot for Future Development on 23.9 Acres of PD --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider an application submitted by Trammel Crow Company for a preliminary plat of 26.7 PD zoned acres into one, 4.6 acre lot for an office building with the remaining 22.1 acres platted as right-of-way or an outlot for future development. There is also an application for a variance to the building setback along Pilot Knob Road. The Advisory Planning Commission is recommending approval of both the preliminary plat and variance as proposed. For a copy of a report prepared by C mmupty Development and Public Works/Engineering, refer to pages_ through Q o -. The Advisory Parks and Recreation Commission reviewed the development at its April 6., 1989, meeting and is recommending a cash parkland dedication. The cash parkland dedication should be considered as a condition if the City Council approves the project. For a co y o the Advisory Planning Commission minutes, refer to page (s), o -k -7- . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat and a variance for the building .setback along Pilot Knob Road as presented. CITY OF EAGAN SUBJECT: PRELIMINARY PLAT, VARIANCE (RAGAN WOODS OFFICE PARK 2ND ADDITION) APPLICANT: TRAMMEL CROW COMPANY LOCATION: NE 1/4 SECTION 4 EXISTING ZONING: PLANNED DEVELOPMENT (RAGAN WOODS PD') DATE OF PUBLIC HEARING: KARCH 28, 1989 DATE OF REPORT: MARCH 22, 1989 COMPILED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat of 26.7 Planned Development acres into one 4.6 acre lot for an office building, with the remaining 22.1 acres being platted as right-of-way or an Outlot for future development. This site, currently Outlot A of Eagan Woods Office Park Addition, is located at the southwest intersection of I-494 and Pilot Knob Road. The first building constructed by Trammel Crow, now occupied by Early American Life Insurance, abuts this property to the west. This proposal is in conformance with the Eagan Woods Planned Development that designated this site for a two-story building up to 55,000 sq. ft. The Variance is for a building setback along. Pilot Knob Road. This plat incorporates the Wyndham Corporate Center plat that received preliminary plat approval in August, 1985 and final plat approval in July, 1986. That proposal would have allowed a "garden type" hotel on the Outlot A portion of this Eagan Woods Office Park 2nd Addition. The plat, however, was never recorded with the County and is now considered inactive. SITE PLAN: This proposed 55,000 sq. ft. building will be located at the northern -most portion of the site, a highly -visible area from both I-494 and Pilot Knob Road. It will be the first building on the west side of Pilot Knob Road upon entering Eagan from the north. All setbacks, lot coverage, and other Code requirements have been satisfied except a Variance is necessary to allow the building 20' from the Pilot Knob Road right-of-way instead of the 'required 50'.. This will eliminate any parking between the building and property line, adding to the curb appeal of the project. The site, consisting of scattered hardwood deciduous trees, currently falls towards a low-lying area near the entry drive to the existing 72,000 sq., ft. first phase building. That area will be filled for the parking lot. This building has been designed with a•brick exterior, compatible in color to the existing first phase building. The trash facility will be contained within the building and rooftop mechanical equipment will be screened with a brick parapet. Code requires 293 parking stalls for a 55,.000 sq. ft, building. The site plan shows 209, with proof -of -parking on adjacent parcels.. The landscape/grading plan proposes to save three stands of oak trees and meets the guidelines of the City's landscape policy. It could have the same native feeling as the first phase building if long grasses are seeded and.mass groupings of shrubbery are added around the trees•. GRADING/DRAINAGE/EROSION CONTROL: The preliminary grading plan submitted as a part of this application identifies cut areas as high as 9' along the east side and fill areas as high as 20, along the west side of the site. A 21- 8' high retaining wall is proposed along the east side of the site in order to preserve an area of 50' by 40' of existing trees. Staff recommends that detailed plans be submitted by the developer of the retaining wall. Drainage from the proposed development will be conveyed to the existing storm sewer utility on Eagan Woods Drive which outlets to the large and well defined ravine west of Eagan Woods Drive. The storm water runoff draining through the ravine flows in a northwesterly direction to a temporary pond located 500' northwest of Eagan Woods Drive. The increased runoff due to the increase of impervious areas such as buildings and parking lots will increase the potential for erosion in the ravine and temporary pond. Staff recommends that storm sewer be constructed from the existing 24" storm sewer along Eagan Woods Drive to a permanent pond with a storm sewer outlet. The storm sewer requirement will be identified as a part of the technical plat review by City staff. UTILITIES: Sanitary sewer of sufficient capacity and depth is readily available along Pilot Knob Road. The sanitary sewer service will be required to be connected directly into the sanitary sewer line_ No direct connection to the existing sanitary manhole will be allowed. Water main service of sufficient capacity and pressure is readily available along Eagan Woods Drive. The development proposes to take its water service from this existing water main. STREETS/ACCESS/CIRCULATION: Access to this site is proposed to be taken directly from two locations,. One access will be to the south from Eagan Woods Boulevard and the other access will be to the west from Eagan Woods Drive. The developer proposes to remove an existing driveway opening on Eagan Woods Drive and construct a new opening to the north. The proposed entrance driveways are required to be upgraded to a 30' wide opening. At this time, street lights have not been installed on Eagan Woods Boulevard or Eagan Woods Drive. Staff recommends that the required street lights be included with this development. EASEMENTS/RIGHT-OF.-WAY/PERMITS: Appropriate easements are required for all public utilities installed outside of the public right-of- way. A drainage and utility easement will be required for the additional storm sewer system from Eagan Woods Drive to the northwest. City Code requires that a 32' wide and a 36' wide street shall have a 60' wide right-of-way. Since Eagan Woods Boulevard was constructed to a 36' wide street and Eagan Woods Drive was constructed to a 32' wide street, then a 60' wide right-of-way shall be dedicated. All regulatory agency permits shall be acquired within the appropriate time frames as required by the affected agency. PINANCIAL� OBLIGATIONB'a Based upon a study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. PROD # DESCRIPTION RATE OTY ANT 538 Water Availability Charge 2115/A 4.56 A $9,.444 464 Storm Sewer Trunk .083/SF 43560 SF 1,380 464 Water Trunk 1380/A 1 A 1,380 200 Trail 8.10/FF 1003.45 8,128 200 Street 90.35/FF 1003.45 90,662 TOTAL $113,429 A. There is a storm sewer lateral located in Pilot Knob Road that has not been charged to this property. If connection is made to this utility, additional charges will be.collected. B. outlot A has not been charged .for lateral benefit form water trunk for the trunk line installed -in Pilot Knob Road. When Outlot A is platted, a charge will be collected for that lateral benefit. EAGAN WOODS 2ND ADDITION CONDITIONS: 1. These standard conditions of plat approval as adopted by Council action on September '15, 1987 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C3, C4, C5, D1, E1, F1., and Gl. 2. All cond-i.tions within the Eagan Woods Planned Development shall be adhered to. 3. 209 parking stalls shall be provided. If a shortage does occur, additional parking will be created on adjacent property. 4. All trash shall be contained within the building. 5. Rooftop mechanical equipment shall not be visible from I-494 or Pilot Knob Road. 6. The building setback Variance shall be approved as per the site plan. 7. Acoustical treatment shall be provided within the building in order to minimize any noise impacts from planes overhead or traffic along I-494 and Pilot Knob Road. 8. The development is required to submit detail plans and specifications of the proposed retaining wall construction as a part of the site plan review for staff review and approval. 11� A. B. C. STANDARD CONDITIONS OF PLAT APPROVAL Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Basements and Rights-of-Wa 1. This development shall dedicate 10'' drainage and utility easements centered over al.l common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment., depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 3. This development shall dedicate .all public right-of-way and temporary slope easements for ultimate development, of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate ponding easements to incorporate elevation necess-itated by City sto requirements. Plans and Specifications adequate drainage and the required high water rm water storage volume 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfull its parks dedication requirements as recommended by the Advisory, Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: LTS#2 STANDARD r nine xaw — _q]�ri{' 1' ,: �i��ti: �c7•�:7A.1: i'��$I:Z; r. -f F1. � u: �� OR1C[ \C� ------ EASTBOUND 1-4194 Is X4.1 .;ntr+ l� 3•}}jns.�.,��,l--; I •i G; \ i<rF rr� "! 1.•V -fl r! ar . - f • 1 ( I �l � 'r f( r pc r 4 .•TT L 1 �. ,I „ 3 OFFICE a -t'11 } y 1XlILt h� L\•( \ 4 Yt(.�•4'� ,r� ti� 1 1.4t+1}'��` �u .nn t-�.• +t • {4tg� -rfl 'S LL!ll 1 �LYf` < i` Y �\ ; tylYz 1 �I`�,+ ySyil ;� iu'l`r} 6 + f'� • - .. -\ SPRAT, • S - STATISTICS: WE Olga itV[1I �AL b 1 ..... ...l.DEVELOPMENT CONCEPT PLAN I'L.r1 slteArea 18.67 aeras/Bzt,00aae .......... �MAW " Bulldin9 Type Area No.Slorles I 1 A DIME BU9D91a P.N. I DIM. 72.000af aalnp 2 OfBO 72.000.1 D orAaVROPII[Ilf 1 \� '� CONLE9T RAM Pn.In9 1109 Or. Ph... 11 3 OIIIH BB�000 991 2 Proof of P.rk Inv B9 can eA&A IIIDU9TRIAL T.MI 275 un - --- . BLVD -- 11 car, 2.0g.f I EAGAN WOODS OFFICE PARK TWO -L..._..._ :. - mmmveI/T otrmot 5 A ---T.-:......:,-� ------ -v--------- ----------- %� • (w n• w ••• 0■ PIeIJWU" PLAT/ e PIAN ierew wsrrru ..... ........ ••mow.•••• PMAr[ r orMf ruanq r:-.�--n.ra �.�a 0 80245 I- 3 ,� .. �.• --. -.-� - - - . `�.. . _ I_IJ _I -�' !, � TRAMMELL 01101106 r v1.1 NQLNMYIIP PLAT i BILE PLAN REWIN INN N�PNO uW .ON1 PI.C1 �u� PRELIMINARY IMAGE 0P 11 HUILDUB FROM PILOT KNOB ROAR AT FANK PRLILINNUW NAGE r,01 "03 O 21113 OWNEdPONIM Ow010Y 31!/0 .]uK uw. mw y l•ala1YM / avatar wn3ua •' / •' °9 ; oro, apMy aow i �ahf6 a ---------------- ro— Ogg- i%.(Pet Gu i(i(,.%i•i�J � tit j \ \ �a ��""�+- o \ S"' . /off; \ �♦ \c\ \I� OW—o-y'�i��'o•P /t / / / ////,(7�/ii',.{N• �"Im. 11 I ) )I 1 �' ` -i ie 1C• .(OOIoo.Ob.v � � r// � V.bB• / .III I � / Al f� /•s241 .�\ \ A' :/ moi-, ,r OOHS i) We 91 19 o Imo. -� 3MMp. OM o•1 -0- _ I 9 .� G - IV - 1 J I J EAGAN WOODS DRIVE ue .. ..o..-.rl � � 1111iLIIIILI R 40 � G�-4I1; � e►O'/ \I. aIII�LI��;l Ij!.1111�8 - - - -- ---_._--' °^ ---. OFFICE eIaGR.G Li1W u1LllLaLuil L - lww rN .Iw I\X rrw0. F lNr YYr00 .M er1. N N.ww... ............. a.Y wtYw�tY aYn wrswN nw ., Ism Www p.w. SSSS... .HrY r.ns aN1 Mq.N tr SISSY. X nM..Ie. Igwew.MO rI It OXC.XX lover cwrrw .. t. cnl . rw. I�Nt XXttrOw rXUInr000 r1.11. ... SITE LIGHTING FR.OT RNGS ROAD tem me't}.0 SITE PLAN r'L11 w r11e YN.0.0r 11 ....... --.. IN}.r Ol. N.r..pr01 SITE 8 BUILDING DATA IIetM pIHO OYOw,00.1..Y F .InCu...cH w.wl... ... rH N.ww... ............. s. wwX w t•om, SSSS. - SSSS.• Ween Ism Www p.w. SSSS... to a pro nr .Irp o}a nM..Ie. Igwew.MO .e I. w n wt\eraa. .en un SITE 8 BUILDING DATA IIetM pIHO t.w�r1 p1He 111. w....... F .InCu...cH w.wl... ... rH rer.l rn0................. .H IHp p r.HM pe H. .... • M Ism Www p.w. SSSS... to a pro nr .Irp o}a I.HN..r..e.. ...........I MMXVM .I O.. MIwR .1Y.w .O II Ie 1• PARKING DATA N'ilwinlJmkine eR6mont" PLA' ON PLAN RENEII SURNMAL Yw www .Yu eeeY .PINS nY NIAt[ ■ RRZ FLAN GMS 1 5 ,.i�•��v r.rueR J - / ..lxlrtYw.Vlx / —. ••- •LANT� SOL }•n.x••m Yoe .SHRUB _DETAIL ^^•• EARAN 0009 OR E t'W C _ nen.a ne!! m �eL.•N -•� _ � _� \ �`\ � P< _..wJnud � ' 4�/J/ /+no u! s�unm.na.• _ - �� .4....IOm YR! _� �' ,L •L i. ' _ ."� '�% view. � \V` 7� P•� �s•mn �+ 9 _A �� f�� y / •',�,`"� ,' wm•nue ' � 1 \� • u•auwlRO SOL ♦ . \ � .– i �' .•� i � , �/ i / ! ` � n i ,`_ � \ ail TREE DETAIL .,. •0.! a dn..l r•.Lu !•aO / } � •, '/mom y �� '. • \ ; 1 !ca/suewe • `Nal•r•Iq lRL..•!� }�ralir I i"• }ea•n}e.s!•R I`- V k –� / •0• ifOnNeOIO YRI /IL// w u.esioiE' .�[�• / ' ' �;T _ _ • / waln ovewn 9 WO.Om f(RPI•EO /wl0 ' •1011YN 1w.1�1lLL• y/ Lsp O!! • }ROVR•i n•lu 'L T�pu Tafxeom e..Le BLOT NNOR RORD fa!•T.1e•m Yn[ Ta!•w ul .N/ naso ow[wx. aA LANDSCAPE PLAN f•'Lr1 °"•°°"°a ...`pTW.ALL IOD AW AS aL N/[•!.!/.Rrn Sort. �A�YlLL CROW CO A•RCRiRIC. n..wYUT cNn. R.. n.•. !!!n w}.m PIQI/IRRT RAT / 8RE RAN RleC� RIIRIRIK uw w�xx um •aw• s. xx R1AR! ■ LANORCAM RAN Ro:�R B t IE. 0 If WO 0 0 RlVt 'A 1p PLOT KNOR ROAD 111 rl Vol 0 40 so " .w CMI PRELSONART PLAT SM PLAN ftlt siwrrtAL Mgt* OPME BULDPOO IRADPWO. DRAINAGE I FROMN .ONTWOL PLAN JUI two I—„-� ” + �•--i`_ t"P•'. a Diu rl 09 / ) _;' \ t r-1 'QUI — l = All '' -", r r � Wrw wtlO r. i 0 MOT Mhos eoAo ® O .O 00 w ! tumELL CROW ti�arr ;WERAT, BTE RAM WIVEW BAYMrTB. tt4t •w�t•r0 ttW •Wt Ot.Kt ..1 OFncE mu A WnLrrT RAM —IF —I Ker `� i) `rt , i• i. _ 111\\I\ — l = All '' -", r r � Wrw wtlO r. i 0 MOT Mhos eoAo ® O .O 00 w ! tumELL CROW ti�arr ;WERAT, BTE RAM WIVEW BAYMrTB. tt4t •w�t•r0 ttW •Wt Ot.Kt ..1 OFncE mu A WnLrrT RAM —IF —I Ker — l = All '' -", r r � Wrw wtlO r. i 0 MOT Mhos eoAo ® O .O 00 w ! tumELL CROW ti�arr ;WERAT, BTE RAM WIVEW BAYMrTB. tt4t •w�t•r0 ttW •Wt Ot.Kt ..1 OFncE mu A WnLrrT RAM —IF —I EAGAN WOODS OFFICE PARK TWO STOR IIt� SEWER TRU IJ k - 1 ACRE rIQ� ruf w" rur mff� YlrrTm .uw ww. w.a.r NY!■ ar1tZ MAW Haa/Wr rut ... z rz Tt not 0011.01 fit ��q, a .., �- - •+.-• ( STOR IIt� SEWER TRU IJ k - 1 ACRE rIQ� ruf w" rur mff� YlrrTm .uw ww. w.a.r NY!■ ar1tZ MAW Haa/Wr rut EAGAN WOODS OFFICE PARK TWO ------------------- A% - "MUNUff PuT am null mrv" _7 rM 'let rid till, OUTLOT tot 8-1 , lt ------------------- A% - "MUNUff PuT am null mrv" EAGAN WOODS OFFICE PARK TWO Ou-mot A \1JATGR AVAILABIL%Ty CHARGE - 4.54. ACRES • Ir r r w• ru~^� MInY1MT MAT ➢ vn Mal �� w�rrrK \•W fir.• \•W fir• CwO.r MAN opnm Mdawun MAT 50245 I 3 •^11^ g % Y! �� . Jnr _ rwrr..�.. 1� TRAMIN" COW CCL \1JATGR AVAILABIL%Ty CHARGE - 4.54. ACRES • Ir r r w• ru~^� MInY1MT MAT ➢ vn Mal �� w�rrrK \•W fir.• \•W fir• CwO.r MAN opnm Mdawun MAT 50245 I 3 EAGAN WOODS OFFICE PARK TWO to:..:.::.. ...__,. _. .._ _� ::.: — - � :�".".•:i: � �,,...,�,... i,r 4c., its��"I E1 ._—_ � �.`�T'—r—,��__• +TRAMMELL �—GtWt6 Qz, Its- OUTLOT PARAMOUNT PLAT X003. 45 F.F. EAGAN WOODS OFFICE PARK TWO w�• l 7 �rrfr.. w _ �•�---------------- •ri7� wrs.. %// STREET lM9RoQEmEKJT5, FoR PIIoT 1<k)G B10o3.4S F.F. cill"OO.I Pllft t MAT / MI RAM lllr� MIRK uw ar. 11YO t OtgQ IILLD" IIRLLLLYIIt MAT fes•.. -Sr-- �le— I�i-i��a 1 • _O oV _ 7 �rrfr.. w _ �•�---------------- •ri7� wrs.. %// STREET lM9RoQEmEKJT5, FoR PIIoT 1<k)G B10o3.4S F.F. cill"OO.I Pllft t MAT / MI RAM lllr� MIRK uw ar. 11YO t OtgQ IILLD" IIRLLLLYIIt MAT r ME'00" SUBJECT PARCEL EI FIG M 1 city of ea STORM SEWER •pprov�d: atrdi: PUBLIC plots •: LW WORKS MASTER PLAN DE PARTME =0 - -- ., -:1GAN .�, A ALC E 4 �i -- s ;ra aecn- 1 b1h 1a e ^: ''`" CES 12■ '12" % cPAt I ' _ FC=A� 52 - -- — 29 ib74 25 52 - - �Y 21 • 8,01.. 5 , � i0 p�1f�'� _ ST.,T 52: 7La 7 _ -4 eA LE < it 1 r•iC �' - - -� a TPr-•l° ACRES I _{ 4 L �' 6410- 42.1/./. 36 34 f 12" 510 fig" — 16"' c 2 1 L �'a�C• � , _ _� � 12t , II i' , _ al j 4 4. KN11 �Ot7 .1/65.0 l� ` �\ �EN�Z BAR 6 12' I r+ SUBJECT PARCEL FIG *3 city of eagan WATER "�f°1°d platstae i° PUBLIC WORKS MASTER PLAN A DEPARTME :j::::: ao� . Page 12/EAGAN ADVISORY March 28, 1989 W '-r PLANNING COMMISSION �Y COIR ti- MINUTES 16. The developer is required to acquire the City property.. All voted in favor. EAGAW WOODS OFFICE PARK I1/TRAMMEL CROW COMPBWY Chairman Pawlenty convened the next public hearing regarding an application for a preliminary plat consisting of one lot for an office building and an outlot for future development on 25.9 Planned Development district acres locited in the southwest corner of Pilot Knob Road and I-494 in the northeast quarter of Section 4. City Planner Jim Sturm briefed the Commission regarding the application. Linda Fischer (attorney for Trammel Crow) commented on the staff report and stated she had concerns regarding the right-of-way.,She stated the developer had a nested right to present the right-of-ways. She remarked that the developer was willing to accommodate the 60 foot right-of-way, but wanted the parking to remain, and thus the setback would be 15 feet. She reviewed the building design. She informed the Commission the developer was comfortable with the remaining conditions. Assistant City Engineer Mike Foertsch pointed out that the right-of-way problems could be handled in the technical stage. Chairman Pawlenty declared he felt the first stage was tremendous. Member Graves questioned if there were any problems with the old plat. The developer stated no and gave a brief history. Member Merkley questioned the size of the parking stalls. Mr. Sturm stated 9 feet. There was more discussion regarding the parking. Merkley asked what type of street lights would be installed. Mr. Sturm stated the development contract would deal with the street lights. Merkley requested the addition of a condition that street lighting be installed. Trygg moved, Gorman seconded, the motion to close the public hearing and approve a preliminary plat consisting of one lot for an office building and an outlot for future development on 25.9 Planned Development district acres located in the southwest corner of Pilot Knob Road and I-494 in the northeast quarter of Section 4, as requested by Trammel Crow Company for the Eagan Woods Office Park II, subject to the following conditions: Page 13/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2,, B3,`B4, C1, C2, C3, C4, C5, D11 E1, Fl. and G1,. 2. All conditions within the Eagan Woods Planned Development shall be adhered to. 3. 209 parking stalls shall be provided. If a shortage does occur, additional parking will be created on adjacent property. 4. All trash shall be contained within the building. 5. Rooftop mechanical equipment shall not be visible from I-494. or Pilot Knob Road. 6. The building setback variance shall be approved as per the site plan. 7. Accoustical treatment shall be provided within the building in order to minimize any noise impacts from planes overhead or traffic along"I-494 and Pilot Knob Road. 8. The developer is required to submit detail plans and specifications of the proposed retaining wall construction as a part of the site plan r.eview for staff review and approval. 9. The development is required to install street lighting. 10. Any development of the outlot must be approved by the Advisory Planning Commission and the -City Council prior to development. All voted in"favor. COLLEGE CAMPUS/RASMUSSEN COLLEGE SYSTEM Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment changing the land use designation from D -III (Mixed Residential, 6-12 units per acre) to LB (Limited Business) district, a rezoning of 18.52 R-4 (Multiple Residential) acres to an LB (Limited Business) district, a preliminary plat consisting of one lot and one outlot and a conditional use ,permit to allow a private school in a,,Limited Business district located along the east side of Federal Drive, south of Washington Avenue in the northeast quarter of Section 16. City Planner Jim Sturm summarized the application for the Commission and recommended the addition of two conditions. Mr. Nimitz (Rasmussen representative) was available at the hearing for questions. Agenda Information Memo + April 18, 1989, City Council Meeting J. Comprehensive Guide Plan Amendment, Rasmussen College System/Rasmussen College Campus, Changing Land Use Designation from D -III to LB, a Rezoning of 8.52 R-4 Acres to an LB; Districts Preliminary Plat Consisting of One Lot and One Outlot and a Conditional Use Permit to Allow a Private School in an LB District The Advisory Planning Commission held a public hearing on March 28, 1989, to consider the aforementioned applications as presented by Robert Nemitz, Rasmussen Business College. The Advisory Planning Commission is recommending approval of all four (4) applications,. For a copy of a report prepared by Community Development and Public Works/Engineering, refer to pages through , 3.1 At the April 6, 1989, Advisory Parks and Recreation Commission meeting, it was approved for recommendation to the City Council that a cash parkland dedication be a condition of any consideration for approval of the Rasmussen College campus proposal. For a copy of the APC actio on this item, refer to those minutes found on page (s)', , �j ACTION TO ME CONSIDERED ON THIS ITEM: To approve or deny 4) comprehensive guide plan amendment from D -III to LB, 2) a rezoning of 8.52 R-4 acres to an LB District, 3) a preliminary plat entitled Rasmussen College Campus, and 4) a conditional use permit to allow a private school in an LB District. 0(0 CITY OF EAGAN SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, PRELIMINARY PLAT, REZONING, AND CONDITIONAL USE PERMIT APPLICANT: ROBERT W. NEMITZ, RASMUSSEN BUSINESS COLLEGE LOCATION: NE 1/4 OF SECTION 16 EXISTING ZONING: R-4 (MULTIPLE RESIDENTIAL) DATE OF PUBLIC HEARING: MARCH 28, 1989 DATE OF REPORT: MARCH 17, 1989 REPORTED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT 6 ENGINEERING DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Comprehensive Guide Plan Amendment to, Change the existing use designation from D -III (Mixed Residential, 6-12 units per acre) to LB (Limited Business), a Rezoning of 8.52 R-4 (Multiple Residential.) acres to a LB (`Limited Business) district, a Preliminary Plat for one lot and one Outlot, and a Conditional Use Permit to allow a private school in the Limited Business district. COMPREHENSIVE PLAN: The project site is currently designated for D -III (Mixed Residential, 6-12 units per acre) in the Comprehensive Land Use Guide Plan. The proposed business college is consistent with an LB (Limited Business) designation; therefore, a Comprehensive Plan amendment to change the land use designation from D -III to LB is necessary. The LB designation would be generally compatible with the adjacent D -III and CPD (Commercial Planned Development) designations. BACKGROUND: Rasmussen Business College is an 89 -year old business school with locations in St. Cloud, Mankato, St. Paul, and Minnetonka, Minnesota. The college offers degree, diploma, and certificate programs. The applicant anticipates an enrollment of approximately 300 students at the Eagan site,; 300 students is average for each of the other four colleges. Rasmussen Business College would like to be open for classes in the fall of 1989. EXISTING CONDITIONS/ SITE, PLAN: The 8.52 -acre site is located directly south, of Bicentennial 6th and 7th Additions, east of Royal Oak 1st and 2nd Additions (Federal Drive) and west of I - 35E. Presently, the site is open grassland with a gentle slope falling south, with a steeper incline on the east border of the property towards I -35E. The plans indicate a 3' maximum height retaining wall along the north property line. Careful grading will not disrupt the existing trees. .� The applicant is proposing a 20,,600 sq.. ft. single story building for Lot 1, Block 1, which consists. of four acres. The brick and glass building will be located�on the east side of the lot. Due to the steep slope, the southeast corner of the building will be constructed with a retaining wall. The building, as proposed, will meet/exceed setback and building coverage requirements. City Code permits building coverage of 208; the proposed lot coverage is 11.88. Parking for 222 cars has been provided, with 50 parking stalls indicated for future use. Proposed access to the site is from Federal Drive at two locations. The proposed southern access does not align with Royal Oak Circle, however, when Outlot A develops, the access will be aligned and include an entry drive and drop-off just south of the building. Outlot A (4.52 acres) does not have a specific use proposed. Signage for the site will be provided by a building mounted sign facing I -35E and a ground sign located on Federal Drive. PARK ISSUES: The proposal be subject. to a cash parkland dedication. J_ \ GRADING/DRAINAGE/EROSION CONTROL: The existing topography of the proposed site generally slopes in a southerly direction. The proposed grading plan shows cut and fill areas of 6' to 8' respectively. The proposed grading plan shows a finished floor elevation of 925,0.. The existing elevation of Federal Drive ranges from 915 to 928. Retaining walls are proposed 1n three locations. Drainage within the site either surface drains or is conveyed by pipe to the southwest corner of the proposed development. A storm sewer line isproposed to carry the runoff from the southwest corner of the property south in the east boulevard of Federal Drive to a dry pond constructed by the MnDot in conjunction with the grading of I -35E. The sloped area lying east of and adjacent to the I -35E site of the proposed building is proposed as a 2.:1 slope. It is recommended that a retaining wall be constructed. A preliminary erosion and sediment control plan was submitted as a part of this application. UTILITIES: Sanitary sewer of sufficient depth and capacity is presently available approximately 40' west of the west property line of Federal Drive. Water main of sufficient capacity and pressure is available in the west boulevard of Federal Drive. STREETS/ACCESS/CIRCULATION: Access to the proposed site is readily available from Federal Drive. Two access locations will be permitted off from Federal Drive. It will be required that the southerly entrance be aligned with the entrance lying on the west side of Federal Drive platted as Royal Oak Circle. Both entrances will be required to be 30' in width. EASEMENTS/RIGHT-OF-WAY/PERMITS: The development will be required to provide appropriate street right-of-way and utility easements for those public utilities constructed outside of public right-of- way. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. A MnDot Permit will be required to dump storm runoff into the existing dry pond area located at the southerly end of the proposed development. FINANCIAL OBLIGATIONS: Based upon a study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. PROD # DESCRIPTION RATE QUANTITY AMOUNT 538 Water Availability Chg. 2,115/a 4 a $8,4.60 013 RASMUSSE9 BUSINESS COLLEGE CONDITIONS: s• i, 1. These standard cond'i'tions of plat approval as adopted by Council action on September 15, 1987 shall be complied with,: Al, B1, B2, Cl, C2, C4, D1, E1, F1., and G1. 2. The City will require a cross -easement with Outlot A upon development. 3. The mechanical equipment shall not be visible from the street. 4. The trash enclosure consist of the same material as the building. 5. The ground sign shall meet all Code size and height requirements and all signage shall be subject to the one time sign fee of $2.50 per sq. ft,. 6. The development is 'required to submit detailplans and specifications for the proposed retaining wall construction for City staff review and approval as a part of the technical plat review. 7• Slope easements are required from adjacent properties where grading extends beyond the development's boundaries. Entrance to the site'is required to be opposite the existing entrance on the'west side of Federal Drive. STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. S. Basements and Rights -of -Ka 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the datef installation. 0 r'� STANDARD CONDITIONS OF PLAT APPROVAL PAGE Two 5.. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency... F. Parks Dedication 1. This development shall fulf:u,ll its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action.. G. Other 1. All standard plat -ting and zoning conditions shall be adhered to ,unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: LTS#2 STANDARD I STREET MAP ZONING MAP COMP PLAN MAP LoULLCUC koMlVlrU0 Q 1� N. E.1/4 SEC. 16, _. - _.•emu _ • F ...h l RMFAY .. ^ °.�.°. E ( TA EE i r J I sr jyf •-::� ROYAL I.._, OAK 9 I. 1r -_- 1 2 ND , t"JADDITIONI riD^„ 9• L• M t� oz 2 I;FIIII �. r YI 9QE-•J.AN'F �u—1 AT 279 R, 23 REVISED oi.�u wYel�"' Ixn DOODLE r • CROAD 1 lai 1 V 44'/44 iy,� / 1, 8 c qpp/ I 44�0 11 W o; T/pN s ?:t1 eisr si �sT.'t- SITE PLAN PROJECT DATA ZONING: EKlsnra R-4 PROPOSED L■ SITE AREA: 4 ACRES 114.240 S.F. GROSS BUILDING AREA: 20.800 S.F. BUILDING COVERAGE: ALLOWABLE 20% ACTUAL 11.8% BUILDING HEIGHT: ALLOWABLE 00 FT PARKING: 222 CARS W SO FUTURE N 212 TOTAL PARSING SETBACKS: FRONT 40 FEET BIDE 0 FEET i BACK 60 FEET BUILDING SETBACKS: FRONT SO FEET SIDE 10 FEET ? BACK SO FEET LOCATION YAP RECEIVED MAI, 1 3 IS89 qce jcEll, ��=�, RASMUSSEN BUSINESS COLLEGE '� "1 - EAGAN, MINNESOTA ! z 1 �' R1111zt1li'IIIN Jill i i 1. i I' 1F, ai 11 it it 19P+ 1 1iI�+1 d; a 71+ 9 , its iA TEA 'l're J=E �eeeeeeeeeeeee® EEEEEEEEQ!!!®A RASYU88EN8U91XE98 COLLEGE 9 ilk' IIII III ISIS KAGAN. MINNESOTA .._ .. ._J _IIII RASYU88EN8U91XE98 COLLEGE 9 ilk' IIII III ISIS KAGAN. MINNESOTA .._ .. ._J _IIII WEST ELEVATION 9 �I � !�1®I®1�1�1�1� !11 SOUTH ELEVATION v !3l EAST ELEVATION . (NORTH ELEVATION WMEN WAISH NOREEN �m PRELIMINARY PLAT OF RASMUSSEN BUSINESS COLLEGE INTERSTATE 35—E _ � J / 00,6OUTLOT .rw.P=_"mm_-mac a'� • / FEDERAL _ ..D IVE -�-.. -- OF or p • T i SII III ....3ADAW !I Ji { i d .a EEE] .a PRELIMINARY PLAT OF RASMUSSEN BUSINESS COLLEGE INTERSTATE 35-E I -------------------- 7 1 1 ::•t :::::: �:;.:;.:::..::: . DRI.VL 1 i / U nine e� m WW1. 1 S-1'ORNA SEW eR l R uhx olmRROE d- uJf%TER AVAILaBILVVy C1iARGE - L{ AC.2E.S Cw�.....�.. S-1'ORNA SEW eR l R uhx olmRROE d- uJf%TER AVAILaBILVVy C1iARGE - L{ AC.2E.S v PRELIMINARY PLAT OF RASMUSSEN BUSINESS COLLEGE INTERSTATE 35_E . I ell :'OUTLG. t � - - � .� ",- •moi �",� . . �s M..�IC vM 1 •i. I . �..--m..-. I YIIII J %// STREET UPGRADE OP FEDERAL 'IDR. — -344.90 F.F, 9 r �• l.s., an..o .. ...n KW6 w eft .• I• rsr__....•; a. M..�IC vM 1 •i. I . �..--m..-. I YIIII J %// STREET UPGRADE OP FEDERAL 'IDR. — -344.90 F.F, 9 r FC4 FaHit I.. .j NIS'fS ? 67.D/ .6,;i 0 - 71CiE 67.5/ 567/ Y ,.y 627 -- 92.4!95.0 7S0 74.0 675.0; x'135.9/67.0 1 Ifi.. 8.. -16• 76 - 20 75 74 TO r. 20"J' c . 64 78 TREATMENT 79.8/ PLANT 30' 35.0 SITE -- - -- (37 M.GD.) .,3A, MI ---- -- 55. 1 157, i.6/ 1rRrC 7 Z �1 4 I II y j NR eo 3Lrc. RorAu o E N- CI RC a e 89.7/970 Ei��-y 265 19• .ii 4l�� y,l _ 4 4 r0 ea 7. ER �-- I ,9 i�9loll 61 4 .4/77.0 -2LaCKHAWK kZ l�l LL 2ARK '� rl K uZ718/B9T Ol` a i �' a` 16'SK A E 1 No J21, SUBJECT PARCEL FIG * 3 city of eagan rd WATER "�'O1°d c:t PUBLIC WORKS MASTER PLAN DEPARTME a ' RIDGE [ 86 ri ►90. %• Y A 7� i02. A oD. 823.5 � / I j.d SUR r 828.7 GA EN i / . CP -12'. pals "C'Pls1 1� 826. 5 ' i_DG 825.0 nd x 829.6 8 yy t LD .O 0 CP- II`:i, 4 4T.7 - J 795.0 j�.w.' K 808. / I 844.0 i• 184 a S � KLCS B P-1 a 790.3 �4 1 8010 UP- 9LACKHAWK :dpi• HA •�• ,� .Cm PARK SUBJECT PARCEL FIG 0 1 city of eaga6STORM SEWER •owor.a: p a odwR° PUBLIC WORKS MASTER PLAN DEPARTMENT Page 13/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 218, 1989 ,.i 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al,, B1, B2, B3, B4-, Ci, C2„ C3, C4,, C5, D1, E1, F1, and G1. 7. All conditions within the Eagan Woods Planned Development shall be adhered to. 3. 209 parking stalls shall be provided. If a shortage does occur, additional parking will be created on adjacent property. 4. All trash shall be contained within the building. 5. Rooftop mechanical equipment shall not be visible from I-494 or Pilot Knob Road. 6. The building setback variance shall be; approved as per the site plan. 7. Accoustical treatment shall be provided within -the building in order to minimize any noise impacts from planes overhead or traffic along I-494 and Pilot Knob Road. 8. The developer is required to submit detail plans and specifications of the proposed retaining wall construction as a part of the site plan review for staff review and approval. 9. The development is required to install street lighting. 10. Any development of the outlot must be approved by the Advisory Planning Commission and the -City Council prior to development. All voted in favor. COLLEGE CAMPUS/RASMDSSEN COLLEGE SYSTEM Chairman Pawlenty opened the public hearing regarding an Application for a Comprehensive Guide Plan amendment changing the land use designation from D -III (Mixed Residential, 6-12 units per acre) to LB.(Limited Business) district, a rezoning of 8.52 R-4 (Multiple Residential) acres to an LB (Limited Business) district, a preliminary plat consisting of one lot and one outlot and a conditional use permit to allow a private school in a Limited Business district located along the east side of Federal Drive, south of Washington Avenue in the northeast quarter of Section 16. City Planner Jim Sturm summarized the application for the Commission and recommended the addition of two conditions. Mr: Nimitz (Rasmussen representative) was available at the hearing for questions. 0 3c) Page 15/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 9. The development is required to provide irrigation for the landscaping. All voted in favor. PHILLIPS 66 FIRST ADDITION/PBILLIPS 66 COMPANY Chairman Pawlenty convened the,public hearing regarding an application for a Comprehensive Guide Plan amendment changing the land use designation from Limited Business to General Business, a rezoning of 1.16 Agricultural acres to a General Business district, a preliminary ,plat consisting of one lot, and a, conditional use permit for a motor fuel station with a car wash and a pylon sign located in the northwest corner of Pilot Knob Road and Duckwood Drive in the northeast quarter of Section 16. City Planner Jim Sturm presented the application summary to the Commission. Jim Phil,ipe (Phillips 66) distributed brochures to the Commission members. He briefly presented the site plan and informed the Commission that the developer agreed to all staff conditions. Chairman Pawlenty stated the Commission would address the use issue first. Member Voracek questioned what would be built to the west. The developer stated the land had not been acquired. Mr. Sturm stated that a triangular piece is difficult to develop. He gave a brief history of the site. Voracek questioned if Duckwood crossing 359 would create a traffic hazard. Assistant City Engineer Mike Foertsch replied that the ingress only was sufficient. Voracek asked why there could not be one curb cut. Mr. Foertsch stated that the ingress only ,was a compromise. The developer questioned the emergency access. Chairman Pawlenty stated that one entrance may be a problem. Member Miller commented that service stations almost always have two driveways. Miller questioned the need for the amendment from Limited Business to General Business. Voracek commented that it would have less traffic. Chairman Pawlenty asked if the parcel to the south was General Business. Mr. Sturm stated yes but it was a Planned Development. Merkley questioned if they could require a Planned Development to limit other uses. There was discussion regarding the Planned Development requirement. Member Miller stated he was concerned in regards to the use. Member Merkley informed the Commission he did not have a problem with the gas station but was concerned about future uses. The developer stated it needed a zoning classification to allow a gas station use. Miller suggested continuing the matter. Voracek stated that the access concerns would not be addressed by a Planned Development nor would the -increase in traffic. Member Trygg remarked ,she felt that Limited Business was the best option for the area'. Members Voracek o? 3 � MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 12, 1989 SUBJECT: INFORMATIVE MEMO Seneca Odor Control Advisory Committee Three (3) meetings of the Seneca Odor Control Advisory Committee have been held with the first meeting on Thursday, February 16, the second on March 15 and the most recent held on April 12. The first meeting was coordinated and chaired by the City Administrator per the agreement and subsequent meetings will be staffed by Comm ity Development. Enclosed on pages Q.34 through _ are minutes of the March 15 meeting. Minutes will be forwarded on a regular basis for future meetings. Equal Employment Opportunity Policy Statement As previously stated, the affirmative action policy was approved as originally submitted. The EEO policy statement will be posted by the City and used for bid d �nts and other official City action and is enclosed on page for your review. Landscaping at Firestations 4 E 5 The Parks and Recreation Department is preparing landscaping plans for both stations 4 and 5. The City Administrator has sent a letter those residents surrounding station 5, copy enclosed on page 1 giving notice that a meeting will be held on May 11 to review the 'landscape plan for the station 5 site. Police Management Retreat Shortly after Pat Geagan assumed his new responsibility as Chief of Police, he scheduled a minimum one (1) hour meeting with every employee of the Police Department to ask a series of questions and allow volunteer input on any subject pertaining to police operations. The input has been extremely valuable as Chief Geagan, police management and the City Administrator evaluate police operations for the future. The feedback from many of the employees was quite positive. More recently, on Thursday, April 6, Don Salverta, a professional facilitator with Attitude Development Consultants, led a retreat entitled "Leadership". It was an opportunity for police management, which included the chief, captain, sergeants and representatives from patrol, investigation, clerical and dispatchers, to interact and develop a set of goals similar to the City Council department head retreat that was held in February. The City Administrator did participate in a portion of the day. Once the results are finalized, a copy will be shared with the City Council. C;? Monthly Reports/Fire Department Enclosed on page o7�i1 is the Fire Department Monthly Report for February. Protective Inspections Monthly Report Enclosed on pages �J through e:�V6 is the Protective Inspections Monthly Report. Chamber of Commerce/Tax Increment Financing Presentation The Eagan Chamber of Commerce is planning to sponsor quarterly meetings for the purpose of addressing topics or issues that are pertinent to the City of Eagan. Generally, the topic or issue will relate to a subject matter or agenda topic under consideration by the City Council. The first meeting, held last Thursday, April 6, was to familiarize the Eagan Chamber of Commerce membership with tax increment financing. The format is to have speakers that provide both points of view on an issue, as well as a better understanding of the topic. The City Administrator discussed the City's policy regarding TIF and the Northeast Eagan Offsite Public Improvement Project. Dave McGillvrey reviewed how tax increment works. Don Slater, executive director of the LMC, discussed why TIF should remain as a revenue tool to municipalities, and Jodie Hower of the Citizens League gave her reasons why TIF should not be allowed as a tool to cities. There were several questions, and all in all, the meeting was a success. AMM Lecislative Alert Enclosed on pages a(4 -7 through is a copy of a Legislative Contact Alert sent out by the AMM that addresses three (3) specific bills that are under consideration by the legislature. This office has notified our legislative delegation regarding the solid waste bills that are proposed respecting the argument position of the AMM. MLC/Constitutional Challenge The fifteen (15) member cities of the Municipal Legislative Commission received notice late last week that the MLC lost the case. The decision is currently being reviewed and analyzed by Bob Brenner, our lobbyist, and Richard Gaalswyk, special legal counsel on behalf of the MLC. The City also received a letter from Mr. Gaalswyk. A copy is enclosed for your review. Please note that this letter was not received until Monday, April 10, and as of Friday, there was no interest in appealing the Constituti al Challenge. P1 se refer to the attachment found on pages �� through � P�. 233 A, recommendation of whether to appeal will be made at the April 19 Operating Committee meeting. The plaintiff has sixty (60) days to file a notice of appeal. The decision is thirty-three (33) pages in length and will be copied for any member of the City Council who would like a copy. Tiedemann Letter Enclosed on page S.3 is a copy of a letter sent by Chris Tiedemann to Joe Haugen, President of ROI Properties, Inc., concerning a continuing pest and rodent problem at her property described as 3871 Gold Point. The City Administrator has asked that the proper staff investigate the issue on behalf of Tiedemann. Fred DeLosh Letter Enclosed on page is a copy of a letter received from Fred DeLosh and addressed to the Mayor and City Council. BRA Status Report Enclosed on pages C;? S through r- is the most recent HRA Status Report. Citv of Burnsville Reiects Bradford Proposal Enclosed on page c�L S :2 is an article that appeared in a recent addition of the Real Estate Journal regarding a retail project that was turned down by the Burnsville City Council. Airport Relations Committee Recommendation/Larry Dodd's Request At the April 4 City Council meeting a recommendation by Larry Dodd to modify the air traffic corridor procedures was referred to the Airport Rel d o Committee at heir April 11 meeting. Enclosed on pages _ through is a memo response from Assistant to the City Administrator Hohenstein regarding the Committee's action. There is no action recorded by the City Council unless there's a direction different from that of the Airport Relations Committee. Closures of Pilot Knob Road and Cliff Road -1989 PILOT KNOB AND CLIFF ROAD CLOSURES -1989 --The City has been informed by the County and the contractor that Pilot Knob Road between Crestridge Lane and 35-E ramps will be closed to allow the completion of the Pilot Knob Road improvements. This road closure (except for local traffic) is anticipated to begin April 24th and remain in effect approximately 4 weeks. 2 3� The progression of the, Cliff Road improvements will result in closing Cliff Road (except for local traffic) from Pilot Knob Road to Thomas Center Drive/Beacon Hill Road with the remaining portion toward Johnny Cake Ridge Road being delayed as long as possible to minimize the impact of the road closure. Construction activity is estimated to begin on Cliff Road by May 1st with the remaining segment between Beacon Hill Road and Johnny Cake Ridge Road being closed approximately May 24th. It is anticipated that the road will be reopened to traffic by July 1st. During the first part of July, Diffley Road and Lexington Avenue will then be closed to allow the initiation of those scheduled projects to begin. City Administrator �3� SENECA ODOR CONTROL ADVISORY COMMITTEE Marcb 15, 1989 MINUTES The second meeting of the Seneca Odor Control Advisory Committee was called to order at 5:10 p.m., March 15, 1989 at the Eagan City Hall. Attendees were Betty Bassett, Lester Spencer, Michael Hazel and John Westley, area residents; Dale Runkle and Kristy Marnin, City of Eagan; and Pauline Langsdorf, Bob Polta, Harold Voth and Jim Wawra, Metropolitan Waste Control Commission (MWCC). II. REVIEW OF AGENDA/APPROVAL OF MINUTES AGENDA: The agenda was accepted as presented. MINUTES: It was noted that Jim Wawra's named was misspelled in the minutes. The correct spelling is Wawra. Polta noted that the third paragraph on page 2 states that Doug Warner is with the MPCA. The correct statement is that Doug Warner is with the MWCC. Bassett asked to add the comment she made regarding the fact that she would not be interested in being on the committee if it is only a PR (public relations) committee. In addition, Bassett stated that she had discussed changing the committee membership for the Wuthering Heights neighborhood from two to three members, two rotating and one permanent, with Dale Runkle prior to today's meeting. Without objection, this was agreed as acceptable. The minutes of the February 16, 1989 meeting were accepted with the above noted clarifications. Selection of the committee chair was tabled until members of the business community are present. Unanimous. IV. REVIEW OF STATEMENT OF GOALS Jim Corcoran had indicated at the February 16, 1989 meeting that MWCC staff would draft a statement of goals. However, Corcoran was not in attendance. Polta and Wawra did not know if the statement had yet been drafted. Bassett stated that she wants a definition of odor included in the statement. Polta indicated that there is no hard and fast definition of odor. � 3( Seneca Odor Control Advisory Committee March 15, 1989 Minutes Page Two Varied discussion took place between Polta, Westley, Bassett and Wawra regarding odor definitions, MPCA odor standards and the MPCA/MWCC stipulation agreement. There was some disagreement as to whether or not the MPCA has odor standards and to what degree the Seneca Plant is regulated by them. Westley indicated that he would bring an article regarding odor standards to the next meeting. Westley distributed a letter from Edward DeLaForest of the MWCC to Russell Felt of the MPCA regarding uncapped flowing dewatering wells in the area of the Seneca Plant. This letter indicated that no open flowing wells were observed during three site inspections. Westley indicated that he would like copies of the 16 MPCA standards violations from the Seneca Plant as noted in the newspaper. Bassett read from a copy of MPCA and the MWCC which wa., meeting. (Runkle made copies committee members). Bassett is important because it say, source of sulfur dioxide. Al says that burning cannot be c a stipulation agreement between the presented at a February 28, 1989 of this item and distributed them to stated that she thinks this document that the Seneca Plant is a major' >o, Bassett stated that the agreement one at the Seneca Plant. Wawra clarified this statement by saying that the agreement states that burning can be done, but not with oil. Bassett indicated that sk (in Rosemount) gets its then in the future more Seneca Plant for burning. V. STATUS REPORTS Construction Update e is concerned that if the Koch refinery sulfur dioxide emissions under control, Blue Lake sludge will be hauled to the Bassett stated that none of the neighbors have seen the plant expansion plans, and that she would like to see them. Westley inquired as to when the final plans would be ready. Wawra indicated that the plans may be ready within a month or so. Bassett indicated that an engineering report (Metcalf and Eddy - sic) stated that problems at the Seneca Plant stem mainly from lack of maintenance. Wawra disagreed with this assessment and said he would like to see the report. .::) 31 Seneca Odor Control Advisory Committee March 15, 1989 Minutes Page Three Bassett distributed photographs of the aeration ponds and stated that the odor from the ponds is very bad. She inquired as to whether there is a health risk from these odors, and if the ponds could be covered. Polta stated that numerous studies have been conducted regarding the covering of aeration ponds. He indicated that he would bring a list of references regarding these studies to the next meeting. Westley stated that he has seen studies showing that methane gas is coming off of the ponds. Polta and Wawra disagreed with this statement and said they would like to see these studies. Polta noted that there is a significant difference between aeration ponds and other ponds. 2. Odor Complaints Polta stated that two odor complaint calls have been received since the February 16, 1989 meeting, and distributed a map showing the locations of the complaints. Field inspection of these complaints revealed that the odors noted were coming from the Koch refinery (in Rosemount), not the Seneca Plant. Bassett indicated that the general sentiment from the neighbors regarding the complaint line is that it is just a PR (public relations) gimmick, and that they (neighbors) are not going to call because it doesn't achieve anything. Spencer stated that the people (MWCC staff) who had come out on odor complaints in the past had not resolved anything and that the odor was not stopped. Bassett asked repeatedly for a clear explanation as to how the complaint line helps the neighbors. She requested that the MWCC redo the newspaper article to clearly state reasons why people should call in with complaints. Polta stated that if odor complaints are not received, then the MWCC will not know when, where or what problems are occurring. Langsdorf indicated that the calls are very important. If the two calls that were received this past month hadn't come in, then the MWCC wouldn't have known there was a problem or investigated. Both Polta and Langsdorf indicated that all complaint calls are logged and that the MPGA checks these logs. If no complaints have been registered, the MPCA would get the impression that there are no problems. Polta stated that certain things (eg. filters) can be changed to help with the odor. If a complaint is received, the MWCC can investigate and possibly make a change which may help control the odor. z)-39 Seneca Odor Control Advisory Committee March 15, 1989 Minutes Page Four Polta indicated that another example of the importance of calling in with complaints will be seen in the river crossing studies. The MWCC will be conducting tests this summer which monitor hydrogen sulfide. If complaints are received, the MWCC will be able to gauge whether the system is effective or not. Westley stated that complaints have been coming in for years, but it appears that the MPCA is unaware of these complaints. He suggested that all complaints be passed on to the MPCA's enforcing officer. Hazel commented that he has noticed that things (odor control programs) have not worked in the past, but the MWCC is trying something new, the point being that at least something is being tried. He also indicated that he would like the MWCC to keep a running total of complaints, and to continue to bring all complaints registered to the committee meetings for review. VI. OTHER BUSINESS There was no other business. VII/VIII. FUTURE MEETING DATE/AGENDA/ADJOURNMENT The next meeting will be at 5:00 p.m., Wednesday, at Eagan City Hall. Hazel requested a review of well records, if possible, at the next meeting. This meeting was adjourned at 6:15 p.m. April 12, 1989 the dewatering BWAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT This is to affirm the City of Ragan's policy of providing Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity/ Affirmative Action laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof, specifically Minnesota Statutes 363. The City of Eagan will not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance. The City of Eagan will take Affirmative Action to ensure that all employment practices are free of such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The City of Eagan will use its best efforts to afford minority and female business enterprises with the maximum practicable opportunity to participate in the performance of subcontracts for construction projects that the City engages in. The City of Eagan will commit the necessary time and resources, both financial and human, to achieve the goals of Equal Employment opportunity and Affirmative Action. The City of Eagan fully supports incorporation of nondiscrimina- tion and Affirmative Action rules and regulations into contracts. The City of Eagan will evaluate the performance of its management and supervisory personnel on the basis of their involvement in achieving these Affirmative Action objectives as well as other established criteria. Any employee of the City, or subcontractor to the City, who does not comply with the Equal Employment Opportunity Policies and Procedures as set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor not complying with all applicable Equal Employment Opportunity/Affirmative Action laws, directives and regulations of the Federal, State and Local governing bodies or agencies thereof, specifically Minnesota Statutes 363 will be subject to appropriate legal sanctions. The City of Eagan has appointed Holly H. Duffy, Personnel Director, to manage the Equal Opportunity Program. Her responsi- bilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this Affirmative Action Program as required by Federal, State and Local agencies. The City Administrator of the City of Eagan will receive and review reports on the progress of the program. If any employee or applicant for employment believes he/she has been discriminated against, please contact Holly H. Duffy, City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612)454-8100. of 3830 PILOT KNOB ROAD. P,0 BOX 21199 EAGAN. MINNESOTA 55121 PHONE (612) 454-8100 April 10, 1989 Dear Fire Station #5 Neighbor: VAC EWSON Moyoi THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Com,cll Mem " THOMAS HEDGES City Mminislfotrn EUGENE VAN OVERBEKE City Cletk With the recent completion of Fire Station #5, plans are now being prepared by the Department of Parks and Recreation for various landscaping improvements. It is the intention of the City to develop a landscaping plan and make improvements during 1989. As we promised last year when the building was planned and constructed, it was the intention of the City to notify the residents and allow input once the landscaping plan was prepared for your review. A neighborhood meeting is scheduled at Fire Station #5 on Thursday, May 11, 1989, at 7:00 p.m. We are sending this letter to those neighbors whose property adjoins the Fire Station #5 parcel or has an obvious sight line to the property. If other residents in the neighborhood would like to attend and did not receive notice, they are more than welcome. On behalf of the City and all our volunteers at Fire Station #5, we thank the neighborhood for its patience, understanding and assistance during the building construction last year. Sincerely, Thomas L. Hedges CiittKee�n yAdministrators Southorn Fire Chief cc: Ken Vraa, Director of Parks and Recreation Tom Colbert, Director of Public Works/Fire Station #5 Project Coordinator TLH/kf THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY MONTHLY REPORT FOR February , 1989 Golfview Dr. Eagan Fire Department 4546 Slater Rd. 2/4/89 TYPE WORK PERFORMED MAN HOURS 2/18/89 3335 Coachman Fire/Rescue 756 Training 917 Truck & Equip. Maint. 247 Station Maintenance 187 Fire Prevention 20 Administrative 642 TOTAL 2,769 MANPOWER STA. #1 STA. #2 STA. #3 STA. #4 STA. #5 Available Nights 10 10 6 8 9 Available Days 6 5 0 2 4 Available Days/Nights 3 4 2 3 1 Available Rotating 3 0 2 1 0 On Leave 0 1 0 0 0 Rookies 10 4 6 6 8 TOTAL 32 24 16 20 22 FIRE/RESCUE TYPE NUMBER LOSS Structure 6 $3,000 Grass 1 Vehicle 8 3,500 False 17 Medical 4 Other 8 TOTAL 44 $6,500 LARGE DOLLAR LOSSES DATE LOCATION 2/2/89 3440 Golfview Dr. 2/4/89 4546 Slater Rd. 2/4/89 3330 Pilot Knob Rd. 2/18/89 3335 Coachman D eta OCCUPANCY Apartment Vehicle Vehicle Fire alarm LOSS $2,000 $1,000 $2,500 $1,000 FMoRep.EFD 3/89 PROTECTIVE NUMBER OF PERMITS ISSUED MONTHLY REPORT - rfAEOH 1989 THIS MONTH YEAR-TO-DATE electrical 108 312 Plumbing 75 213 HVAC 78 218 Yater Softener 10 16 Signs 0 0 Well, Cesspool, Septic Tank 43 120 Sewer 8 Yater YTD NATURE OF BUILDING PERMITS ISSUED MONTHLY a�3 TYPE NO. I VALUATION PERMIT FEE PLAN REV FEE TOTAL FEES 1 FOUNDATION 0 108 SINGLE FAMILY 42 $ 4,409,000 $ 27,238.00 $ 13,619.00 $ 123,928.50 0 DUPLEX 0 4 TOWNHOUSE 4 285,000 2,040.00 1,020.00 11,061.50 0 CONDO 0 APT BLDGS 0 AGRICULTURAL 0 3 COMM/IND (NEW) 2 3,452,000 9,596.00 4,798.00 32,174.60 35 COMM/IND REMODEL 10 307,000 2,536.00 1,178.00 16,509.50 COMM/IND ADDITION 2 44,000 452.00 226.00 1,032.00 INSTITUTIONAL PUBLIC FACILITIES RES. GARAGES 1 4,000 64.00 ----- 66.50 RES. ADD./POACH 3 31,000 360.00 90.00 473.00 SWIM POOL 1 900 24.00 ---- 24.50 41 MISCELLANEOUS 17 199,300 1,848.00 -- 1,960.00 DEMOLISH 0 HOUSE MOVES 0 MO. SUBTOTAL 8,732,200 44,158.00 20,931.00 187,230.10 ADJUSTMENTS MO. TOTAL 82 20 YEAR-TO-DATE P 18,638,750 101,573.00 t 48,533.0 552,655.10 a�3 PROTECTIVE DATE - MONTHLY REPORT MARCH 1989 �� Fav aaan n� y;��ra;�nnri c a# 1 MO. 0 / MO. 6 1 MO. 4 /1 YTD $ / YTD # 1 OF / OF 1 OF 11 OF 1 OF TYPE / PERMITS 1 UNITS 1 BLDGS. 11 UNITS 1 BLDGS. DUPLEX 1 t t tl t 1 1 t e1 1 3—PLEX 1 1 e Io 1 4-PLEX 1 4 1 4 1 1 /1 4 1 1 1 1 t // e 5-PLEX t 1 t is 1 6-PLEX 7-PLEX t t 1 e1 t 1 1 1 11 1 8-PLEX 10-PLEX e 1 e n e 12-PLEX 1 1 / // / 16—PLEX 1 1 1 IN t I e 1 1/ 1 1 / / Ie / APT. BLDG. / t e e1 / I e e 11 e 1 t 1 t1 t OTHER 1 / 1 11 1 1 TOTAL 1 4 e 4/ 1/ 1 4 1 1 e e e ee e a# PROTECTIVE INSPECTIONS MONTHLY REPORT COMMERCIAL/INDUSTRIAL & INSTITUTIONAL BREAKDOWNS DATE MARCH 1989 BLDG. 1 1 1 1 PERMIT A 1 ADDRESS & LEGAL ' OWNER ' VALUATION a OCCUP. I 655-A LANE OAK DRIVE e 1 1 16157 1 L1, B1, CRAY ADD. CRAY RESEARCH 1$ 2,852,000 1 Comm New 1655-B LANE OAK DRIVE .2 e 1 1 16203 ' L1, B1, CRAY ADD. (CRAY RESEARCH 1 600,000 1 Comm New 1 1571 Century Point 9 1 1 _16130 11,3, B1, CENTURY NJ R IVERSON a 24,000 1 Addition 12020 Silver Bell Road e 1 e 16239 11,1, B1, Dallas Dev 3rd 'WELSH CO 1 20,000 1 Addition 11980 Cliff Lake Road a 1 e 16202 1 1,2, B1, Cliff Lake Ctr 'RHC Associates 1 70,000 1 Comm Remodel 1214o Cliff Road e 1 1 16178 1 L1, B1, Flour Bin 1st 1Lvnn Reimer a 78,0001 Comm Remodel 11380 Corp Center Curve e 1 1 16166 11.2, B2, EaR Ofc Prk 2nd 'NW Mutual Life 1 65,000 1 Comm Remodel 11380 Corp Center Druve 1 e 1 16176 'L2, B2, Eae Ofc Prk 2nd 'NW Mutual Life a 32,000 1 Comm Remodel 13980 Sibley Memorial Hwy e 1 1 16172 11,51, B6, Section 19 'Upper Midwest Memt1 23,0001 Comm Remodel 13432 Denmark Avenue 1 1 1 1.6180 'L1, B1, Twn Ctr 100 6th 'Federal Land Co ' 15,000 1 Comm R model 11960 Cliff Lake Road 1 1 1 1.6222 1L2, B1, Cliff Lake Ctr 1RHC Associates ' 12,000 1 Comm R mod 1 13390 Coachman Road 1 1 1 _1.6181 'L1, B1,. SBD 'BBD Investments ' 6,000 1 Comm R mod 1 13424 Denmark Avenue 1 ' 1 1.6179 'L1, B1, Twn Ctr 100 6th 'Federal Land Co 1 5.000 1 Cnmm Ramndal 14130 Blackhawk Road e 1 1 16190 'L1, B1, Blackhawk Plaza 'Blackhawk Plaza 1 1.000 1 Comm Rn del 1 e e e 1 e 1 e e 1 1 e e e 1 1 e e e 1 e e e 1 e 1 e e 1 1 e e e e 1 1 e 1 1 1 e e e e e e 1 e e e e PROTECTIVE INSPECTIONS MONTHLY REPORT - MARCH 1988 NUMBER OF PERMITS ISSUED THIS MONTH YEAR-TO-DATE Electrical 136 291 Plumbing — 85 183 HVAC 89 206 Water Softener Y5 32 Signs _ 19 33 Well, Cesspool, Septic Tank 0 n NATURE OF BUILDING PERMITS ISSUED YTD MONTHLY airn 1Vu. VALUA11uN MMM1T FEE WLAN HEV FEE TOTAL FEES 1 FOUNDATION I 0 I 127 SINGLE FAI4ILY 68. j$ 7,329,000 !$ 40,240.00 '$ 20,119.00 $ 186,151.00 2 DUPLEX 2 1 118,000 I 820.00 410.00 4,881.00 1 TOWNHOUSE 1 434,000 I 1,660.00 830.00 13,483.50 4 CONDO 4 1,036,000 4,360.00 2,180.00 28,986.00 0 : APT BLDGS 0 0 (AGRICULTURAL 0 2 (COMMERCIAL 2 464,000 2,004.00 1,002.00 .13,778.00 19 ICOKI/IND REMODEL I 10 11 1,420,000 5,900.00 I 2,637.00 10,096.50 1 I COMM/IND ADDITION 0 0 INDUSTRIAL 0 O (INSTITUTIONAL 0 0 PUBLIC FACILITIES 0 0 RES. GARAGES 0 4 RES. ADDITIONS 2 I 20,600 220.00 61.00 291.50 1 SWIM POOL 1 12,000 122.00 61.00 189.00 55 MISCELLANEOUS 31 I 137,200 1,790.50 224.50 2,088.00 0 DEMOLISH O HOUSE MOVES MO. TOTALS 121 10,970,800 57,116.50 27,524.50 1259,944.50 0717 YEAR-TO-DATE TOTALS 18,506,972 95,904.00 45,948.50 1 427,522.10 40 '09 ociation of metropolitan muniapalitleg April 6, 1989 Legislative Contact Alert Number 3 TO: AMM Legislative Contacts FROM: Vern Peterson, Executive Director Roger Peterson, Director of Legislative Affairs Melanie Ault, Legislative Coordinator RE: LEGISLATIVE BILLS WITH SIGNIFICANT IMPACT ON METRO CITIES 1. TAX INCREMENT FINANCING: Our worst expectations have been realized and not one but two restrictive bills relating to tax increment financing have been introduced in recent days. HF 1335 (Valento, Schreiber, Rest) and HF 1341 (Rest, Long, Valento, Schreiber) have several similar provisions but they have.many unique provisions as well. The point that needs to be made is that while some provisions of these bills may not appear onerous or hurt a particular city or a particular group of cities, in total, both bills would substantially restrict cities' in their ability to use this tool. Also HF 1341 introduces two concepts that the LMC and AMM oppose very strongly: volume caps and approval by schools and counties of a city's proposed project under certain conditions. Neither bill has been scheduled for a hearing as yet and as of this writing, neither bill has a Senate companion. However, it is not too early to start voicing your concerns about these bills to your Legislators. The AMM message since the beginning of this session has been very clear and direct: there is no need to further restrict the use of TIF during this session in view of the many changes that were made last session. Please help us get this message to your Legislators.! The bills have been assigned to the House Tax Committee. We are enclosing summaries of both bills prepared by House Research for your information. 183 university avenue east, st. paid, minnesola 55101 (612) 227-4008 -(1 C� G / 2 3 LAND USE PLANNING: We anticipate that the comprehensive land use planning bill will be introduced on Thursday, April 6th. This will be a substantially revised version of the bill that was sponsored by the Governor's Advisory Committee on State - Local Relations (ACSLR) and introduced last session. The special AMM Land Use Task Force, Chaired by Orono Administrator'Mark Bernhardson, has been working on this bill since last November, and will meet again on Friday, April 7th. to continue its review of this bill. The AMM Task Force has been very successful in eliminating and/or modifying the most onerous provisions of the bill. However, some problems still exist and as of now, the AMM still remains in opposition to some portions of the bill.. Since it is so late in the session, the bill may not be heard until the interim. The AMM would prefer that no action be taken on the bill this session which would give us additional time to further improve the bill. The AMM Task Force will continue in its efforts to make the bill acceptable and we will keep you informed. As of now, we are not asking you to make any major efforts with respect to this item. SOLID WASTE BILLS: A. HF 417 (Munger) and SF 95 (Lessard) are the bills which basically implement the Score committee recommendations which we discussed in a previous "Alert" dated February 27, 1989. The AMM agrees with and supports most of the provisions contained in these bills but there is one major exception. Both bills impose a state sales tax (4% in SF 95 and 6% in HF 417) on refuse collection to fund a state grant program and to pay for various state level solid waste activities. As we indicated earlier, because of the much higher disposal costs in the metro area caused by using more environmentally sound disposal techniques,, the sales tax approach is unfair to the metro area. We advocate a,uniform per unit charge (weight or volume) to fund the state programs. Please mention this concern to your Legislators. B. Garbage Hauler Buyout: As reported in LMC Bulletin #10, dated March 17th., the issue of "just compensation" is under debate at the Capital. The Legislature is considering a statewide goal to require recycling 25% (40% in the metro area) of the waste by 1993• Many cities may ,have to become more involved in regulating solid waste collection in order to meet such goals. If a city 'organizes' collection and either directly or indirectly forces or causes a current hauler to discontinue providing pick-up service within the city, then the city would have to buy out that hauler under the so called "just compensation" provision. The AMM/LMC Joint Solid Waste Committee met with representatives of the Haulers on March 22nd. to discuss this issue and recommended very strongly that we oppose any attempt by the Haulers to pass such Legislation. We believe that the lobbyists representing the Haulers will attempt to amend either or both HF 601 or SF 530 to include such Legislation. (attached is a copy of the proposed amendment which we oppose). WE URGE YOU TO DISCUSS THIS CONCERN WITH YOUR LEGISLATORS AT YOUR EARLIEST OPPORTUNITY. Please distribute this information to other officials in your city as you deem appropriate and necessary. Thank you. -3- L MUNICIPAL, COMMISSION TO: MLC Operating Committee FROM: Bob Renner, Jr. DATE: April 7, 1989 RE: Constitutional Challenge 15oo Northland Plaza 3800 West 80th Street Bloomington, Minnesota 55431 (612) 893-6650 N91 Please review the attached letter from Dick Gaalswyk. If the MLC is going to seriously consider an appeal to the decision, it must be made in the next few days. It is my impression that there is not an overwhelming desire to appeal the Tax Court decision. However, if there is interest expressed within your City Councils and Mayors, please contact me immediately. Should a number of cities want to appeal, we will call a special Board of Directors meeting during the week of April 10-15. Should the decision be to not appeal, we can discuss the decision at the next Operating Committee scheduled for April 19 at Messerli & Kramer's offices. Member Cities: Bloomington, Brooklyn Park. Burnsville, Eagan. Eden Prairie, Edina. Inver Grove Heights. Maple Grove, Maplewood. Minnetonka Plymouth, Roseville. Shoreview.WyitBear Lake. Woodbury MAUN, HAYES, SIMON, JOHANNESON, BREHL AND ODLAUG ATTORNEYS AT LAW SAINT PAUL OFFICE MINNEAPOLIS OFFICE 2300 WORLD TRADE CENTER 520 NORTHIANO EXECUTIVE OFFICE CENTER 30 EAST 7TH STREET 3500 WEST 60TH STREET SAINT PAUL, MINNESOTA $5101-4904 MINNEAPOLIS, MINNESOTA 55431-4504 TELEPHONE:612-229-2900 TELEPHONEL612-835.9550 TELECOPIER: 512-2292600 TELECOPIER: 612-635-3463 REPLY TO, Saint Paul April 4, 1989 Municipal Legislative Commission 1500 Northland Plaza 3800 West 80th Street Bloomington, MN 55431 Re: Blume v. County of Ramsey Greetings: On March 31, 1989 the Tax Court issued its decision in the above matter. A copy was delivered to Mr. Renner on your behalf late that day. The Court rejected all of our claims that the 1988 Omnibus Tax Act is unconstitutional. Mr. Renner asked us to give you our assessment of the decision and of the advisability of an appeal. That is the purpose of this letter. Neither the Court's decision nor the grounds on which it rests are remarkable or surprising. As I indicated to your Operating Committee on January 27, 1989, we did not expect that the Tax Court would be likely to rule in our favor; we have always expected that a favorable decision would come, if at all, from the Minnesota Supreme Court. The factual and legal grounds stated by the Court for its decision were familiar to us as well. All factors considered, we would say that the chances of success on appeal remain at approximately 15 to 20%. The Court's decision provides no real discouragement in that regard. The strength of the record established at trial provides encouragement for that estimate of the prospects for success on appeal. The deadline for filing an appeal is 60 days from the date of the decision, or May 30, 1989. However, if an appeal is going to be made, it is vital that a motion be filed by April 17 for a new trial and amended findings of C�?,5 1 MAUN, HAYES, SIMON, ..IOHANNESON, BREHL AND ODLAUG Municipal Legislative Commission April 4, 1989 Page 2 fact. If such a motion is filed, the appeal deadline would be 60 days after a ruling is issued on the motion. The motion for amended findings is necessary to request some different and some additional findings of fact to support our legal arguments. Failure to make such a request would severely limit the scope of review on appeal. We would not consider handling an appeal without such a motion. A motion should also be filed at the same time for corrections to the record, because the transcript of the trial is so full of errors. We are not in a position to advise you whether to undertake an appeal. Usually such a decision is based on weighing the costs of the undertaking against the potential benefits, factoring in the prospects for success. We would estimate the costs to be $5,000 to $8,000 for the motion for amended findings and $25,000 for the appeal; both estimates could be high or low. As indicated above, our chances of success are estimated to be one in five or less. We are not in a position to judge the potential benefits to you of success. Your ability to afford the costs of an appeal must also be considered in making the decision to go forward. This firm will not agree to defer such costs, as we have offered to do with the balance of the costs from the Tax Court phase of the case. In the words of our retainer agreement, this letter also constitutes notice of this firm's election to discontinue representation of the Commission and Mr. Blume in the above matter at this time. Thus, we are not bound to meet the deadlines for filing a motion for amended findings or new trial nor an appeal (petition for certiorari). We are willing to discuss arrangements for renewed representation in those respects, which will hinge on satisfactory fee arrangements and adequate time to do the work properly. A decision whether to file the motion for amended findings must be made by approximately April 10. A decision whether to appeal must be made at least two weeks before the appeal deadline. Very truly yours, Richard M. GaalswJrk RMG:es cc: Mr. Robert G. Renner, Jr. Mr. Barry Johnson Mr. Gary Blume Asa 'Lt Jo Haugen, President ROI Properties Inc. 5258 West 96th Street Bloomington, Minnesota Dear Ms. Haugen: 55937 L Lt f Chris Tiedemann(-�-�- 3871 Gold Point Eagan, Minnesota 5512 (612) 687-0805 April 9, 1989 I am writing because I am concerned about a continuing pest and rodent problem in the property I am renting from your organization at 3871 Gold Point in Eagan. Hal Schulz delivered four mouse traps to me about one month ago, and suggested I also use d -CON poison. I have caught three mice, and hopefully poisoned many more, but the problem continues. I can hear the rodents in the walls and ceiling of the house. I most recently heard them last night. I am very concerned about the potential health problems these pests can cause to me and my pet. I am also concerned about potential damage to my property. I do expect ROI properties to be held libel for any problems caused by these rodents and pests, and to replace any of my property damaged due to this problem, or the on- going water seepage problem in the basement. I would like to request a reduction in rent of $200.00 a month until these problems are taken care of. Since I have already paid my April rent, you will notice this reduction in my May rent check, whether the pests are gone in April or not. The other pest problem relates to boxelder bugs. There are almost as many bugs inside as out. I have to shake out my clothes before dressing to make sure no bugs are present. I also keep my vacuum cleaner in the living room constantly to get rid of the bugs as soon as they appear. This is a nuisance, and quite embarrassing when guests are present. I really feel something should be done by ROI properties. I have already added value to the property by having a gas dryer hook up installed at my own expense, and feel that my requests as stated above are reasonable. I hope to hear from you soon. Sincerely, Chris Tiedemann Copies to: Better Business Bureau of MInnesota; City Council of Eagan �eZ-3 / 0 OSPREY eiRe.t.E lleP , -TD. Allcyeh V tc41sen MFMeps c{ caq aYi CrdUi7C P0. Ben L sa-Y), Aft 5S1 1 lie - Ci �y /�PoTPc d4 S43 R TfN, /riY 6fkY1ne RJ. ✓Yew Acz' z have-finaly had -lhe eha✓ic'e, io Read the A 6e�'-- pe-xcer,- {inclfhrf ihePe. u,qe ani oI,SCRe/.neie5 Cenc•eN));ny Pa 5er>•ienf5; ¢53es5>»enf5;et'e, withRea.'d -Za >r7rPRiPP/,'iy. Thr✓trf�ec %ase he cedv sco( ¢hof 1'/e c'i� aces net {>ave rnyPi'�+'l,'Ss%ems to f/eCe�:� with f/ie u.be;'e 'p,-ej-ec'� on anyPe�'fiaJn c{ mr /vRelcMiy unzi,l the a6i.e /0 r4 ✓Rr Rese/✓cd. n w cn 1 lnCerJ a' 11 Rcfu/'n;'n� /fo .$'/N,;nn, ' few �slr%5 40 i�'i %✓fy a°and -Z,,c6fa;h,J- Ae e'/i'v iee_s of a Pua/i T 1 %ed 10n)llkl C� /af �im� 1 w,'// 6r acai�a6/e {�_ �rnfcF'rrnFs to Res /ve Z'he issue/s. 1,7 the ineunbme myh7 6ehoac'4:: the CIZ z'c een5rdr2 P✓Rchasiny )n y �/e e� as rn 4 cC/W,iien it, H: /c'ir•� /�qRK, 1 �z/l r c; z4/ vvrshe i s y� h Jh bReffiFFe ;s �_ ha�uleal ame,,fheaz42 �� w m✓s•l'e she//,Symmr�' ilie<�rti or s/c�aiw 25 IV �cb yan,Hy ,s/(;iny f1 OZilerw:se, fhe�e ✓T:.. r�ir,e" h,//5 "fc� aSCiy,t/ UF,'tcj, b-eyc/nay, rfc. . S-nce the Set'✓; ee WRive. ter Reva>r,fe l; i2e�n yh� par ew eens,'o%i; //wl, i3 Sne//,ifr S-Za-,Lc l�2arK e �i ny, �ie'yC /i�. etc, T/iFRe Sne u>»eb,/inq , slli�xy, h;6"lK1, _Teyylhs, h RSebae%' Ri .J e ✓. rnenf sfera9e, RefReshment gfaxo/ c7e Wha�edeG" 4, S& 6/e en mV Pfieoexij A ex e, %n the sm a.// C; i y 6-1 Sun dP ein f, Zd, i :ll eR e. aRe 5`mI'a ). ao(lea -j set a $ide Te%' (he a0 c, de-Z;V,f,'e5 , Pf✓S »zany SI#C;al )nU 5"a/ and en7Pr Z4;nin j ev n{s . The eiiy /s ✓eRy 012 --heal and f'44' S,yhied. =Ry t,�✓iy � a✓,�5, �C� rredrkicK C. Ac Lesa Status Report for Dakota County** April, 1989 ASSISTED HOUSING Section 8 Existing: Certificates Vouchers Moderate Rehab Section 8 New Construction Low Rent Housing 235 Home 236 Rental Amount of Elderly Family Total 404 1152 1,556 +3 129 231 360 +4 4 21 25 0 247 300 547 0 380 200 580 0 0 41 41 0 0 526 526 0 TOTAL ASSISTED HOUSING 1,164 2,471 3,635 +7 Amount Commercial/ of COMMUNITY DEVELOPMENT Elderly Family Multifamily Total Increase MHFA Local Participation MHFA Home Improvement Loan MHFA Home Rehab Loan MHFA Home Energy Loan Rental Rehab CDBG Rehab Loan CDBG Rehab Loan - Mobile Home MHFA Solar Bank Energy Loan 312 Loan - Residential 312 Loan - Commercial/ Mixed Use Weatherization 0 5 0 5 0 34 173 0 214 1 65 78 0 143 0 10 136 0 146 1 38 49 5 92 0 90 182 0 272 0 1 20 0 21 0 0 8 0 8 0 4 15 0 19 0 N/A N/A 377 1,508 TOTAL COMMUNITY DEVELOPMENT 619 2,171 * + = Increase/- = Decrease 3 3 0 0 1,885 15 8 2,808 17 ** Numbers for the City of South St. Paul are included in Assisted Housing, Rental Rehab, and Weatherization, but are excluded from the rest of the Community Development programs; South St. Paul operates separate Community Development programs. os- Status Report for the City of Eagan April, 1989 ASSISTED HOUSING Section 8 Existing: Certificates Vouchers Section 8 New Construction Low Rent Housing 236 Rental TOTAL ASSISTED HOUSING Amount of Elderly Family Total (+/-* 29 225 250 -4 25 65 90 +1 0 33 33 0 0 18 18 0 0 144 144 0 54 485 539 -3 COMMUNITY DEVELOPMENT Elderly MHFA Home Improvement Loan 2 MHFA Home Rehab Loan 3 MHFA Home Energy Loan 1 CDBG Rehab Loan 1 Weatherization 5 0 TOTAL COMMUNITY DEVELOPMENT 12 * + = Increase/- = Decrease C;�.s b Amount of Family Total Increase 14 16 0 3 6 0 11 12 1 6 7 0 69 74 0 103 115 1 Page 6 R�o� �ta�2 Jr-" rvq\ 4-10 -9rk Burnsville rejects plan COIDNCIL VOTES DOWN BRADFORD PROPOSAL The Burnsville City Council voted 5-0 April 3 to deny approval of Bradford Cos' plans for a power center south of McAndrews Road, between Bumhaven Drive and Aldrich Avenue. Bradford Cos. had proposed a 161,123 square foot (leasable) power center on 17 acres,and company officials said they had secured anchor commitments from Toys 'R' Us, Kids'R' Us, Marshall's and F&M Drug. Highland Superstores was also said to be interested. However, city council members were op- posed to a rezoning necessary for the Brad- ford project to proceed. The site would have to be rezoned to B-3 (commercial) from R-3 (high-density multi -family). The Burnsville Planning Commission had voted 5-0 against the plan March 13, primarily for the same reason. Bradford officials in Eden Prairie could not be reached .before this edition went to press. Meanwhile, officials of Tanurb Develop- ment Inc. say they are moving forward with plans for about 270,000 square feet of retail space on an adjacent site (MREJ, 4/3/89). Tanurb officials want to develop a power center of at least four anchors plus five outlots on the 26.8 -acre site of Jack's Miniature Golf and Driving Range and the closed Jack's restaurant. Plans for the rival project are ex- pected to be presented within 60 days. —Murmy nb(J S-7 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: APRIL 14F 1989 SUBJECT: AIRPORT RELATIONS COMMITTEE ACTION PERTAINING TO LARRY DODD'S REQUEST FOR MODIFIED AIR TRAFFIC CORRIDOR At its meeting on April 4, 1989, the City Council referred the matter of Larry Dodd's request that the City pursue a test of a procedure which would spread certain traffic out away from the Eagan/Mendota Heights corridor to permit the remaining traffic to operate in a much tighter air space. For a copy of the information relating to this matter, -please refer to the April 4, administrative agenda, pages 176 through 179. The proposal was considered by the Airport Relations Committee at its April 11, 1989 meeting and after considerable discussion, the Committee declined to endorse Mr. Dodd's request, because of its potential to open up new noise impact areas throughout Central and Southern Eagan, and because it runs counter to the City's planning effort to concentrate substantial commercial and industrial development in a particular area to absorb such noise. A map depicting Mr. Dodd's proposal is attached. At this point, staff is uncertain as to whether to bring the matter forward to the Council with the Airport Relations Committee's recommendation for denial or not. Please share this update with the Council and inform me as to how to proceed in this matter. A�istantto� City Administrator JH/vmd Attachment • f,llNlIIIIIIIIIIIIL'Ll ..11Ll1.1161•..:NN.L U6LLLIa%ILLI LLLLLLLL I L .... 111 PI II�I.1I II�1I I II I I II111111 I I I I II 111/111/1 .N,1 /14111111 n ltltl{i{O� ■II III Ii IRII,'If 11 F:Irll 111111 IYlllllllll 11 11111\ .11111111 if fit I it 1If.It tills l I: If; L{ILL1ftl 1 N LIrh P' ILLMLLULLLtIIX MLLLL'L 'rIf1111111F1w,\ Ilrlltllllll• IIIIL" 14111111111111:m11uw]I11\\\1'111111. it 1/111111 IIIIt1111111�IIN11111U1111111I gH111 r11111111119U\►111111 \Iltsmlll;(I lullICH61b11U II im 11111111111 111J111111111111111 q\\\\1111 111nsr' �I ��Illllllr 11111111111 IIIIIIIIU 1111 111113181 VII 'r (11M Irl II IIII:,LLLLIIII 111111111 111 lil 111111111\\\1111 iIp1111P'� L lllltl�L..'71tigi MIibbl; 11111 X/1111'71110 UI 11/1111111 A111111I1PIh:41 'lllllllll� 11111111 Wq'-_t'm-'1 11.1111111 1►_ 11G.sil1tool Irt h. 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J 11111 n :rrlle luln•-..,�,r u11 OA 11111 roil11111' 11/alllf.lvr•rr 111111111111• 1111 r 111:1:=1 81 111L., rr'/111111/11 pit 1'llrrW lsl� 1r. '. b., 1.1111IIIR I'11111114'•P/ m '1►1'l1A P. 1/11111111 It l fill; rl11lr,, I111'1% 4. 111.,•11 X111 M 11111111111[" losof *.1 �1e 111 ..•�.-/11111111rr . r r 1 u.: c.•_I ; '.1.11 :.1.11ir ill, ter_'-�:1 .�_' ��''��',11 ��:c�;=;'�!►!II't11ti��'1 I Pon -•� -.n ■' '1r�u'�,.��•�!1111�11111111��` 111111;;;;11Ae1 �\ • ADMINISTRATIVE AGENDA Y •REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA APRIL 18, 1989 CITY ATTORNEY CITY ADMINISTRATOR Item 1. DNR Citizens 'Task Force Item 2. Final Plat for Blue Ridge 2nd Addition Item 3. History Committee Recommendation Regarding Relocation and Renovation of Old Town Hall Item 4. Clean -Up Day - May 6 PUBLIC WORKS DIRECTOR Item 1. Implementation of a Water Use Restriction MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 14, 1989 SUBJECT: ADMINISTRATIVE AGENDA CITY ATTORNEY Item 1. There are no items to be considered under City Attorney at this time, however, the City Council reserves the right to hold an executive session if there is a recommendation to discuss the status of a lawsuit. It should be noted that the O'Neil trial that was to begin on Monday, April 10 was continued for approximately 2 - 3 weeks. CITY ADMINISTRATOR Item 1. DNR Citizens Task Force --The city of Burnsville during 1988 authorized a reduction of deer by allowing specified hunting dates sponsored by the Department of Natural Resources with the condition that the task force, made up of representatives from hunting, anti -hunting and residents from the four cities of Bloomington, Burnsville, Eagan and Mendota Heights evaluate alternatives relating to existing deer population. The Depa-rtment of Natural Resources is proposing that a task force be organized and hold its first meeting on Wednesday, April 26 at the Minnesota Valley National Wildlife Refuge headquarters in Bloomington. The City of Eagan has the option to appoint a resident to serve as a member of this task force. City Councilmember Wachter had recommended Don Roemhildt who resides in the City of Eagan as a possible choice. The City Council should make an appointment on Tuesday and for additional information on the purpose of the task force, please review a tter fro Jon Parks, area wildlife manager, enclosed on pagethrough .. ACTION TO BE CONSIDERED ON THIS ITEM: To designate an Eagan representative to serve on the DNR Task Force to evaluate and develop a long range deer management program for the Fort Snelling State Park, Minnesota Valley National Wildlife Refuge and adjacent deer concentration areas. Item 2. Final Plat for Blue Ridge 2nd Addition --The final plat for Blue Ridge 2nd Addition is in order for consideration. The Blue Ridge 2nd Addition is a second building that will be constructed by the Wachovia group in the development marketed as the Waters and adjacent to Northwest Airlines and Cray Research. C;G ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the Blue Ridge 2nd Addition final plat. Item 3. History Committee Recommendation Regarding Relocation and Renovation of Old Town Hall --A History Committee meeting was held on April 6, 1989 to discuss relocation of the old town hall building and its future restoration. The committee was made aware that the Celebrate Minnesota Grant was not awarded to the City of Eagan. Representatives from the Eagan Rotary were present and reassured the group that they were willing to pledge both a financial and labor commitment to the restoration of the building if the History Committee and City of Eagan adopt an objective and proceed with the restoration of the building. City Councilmember Wachter prepared a floor plan from memory of the way the Town Hall once appeared when it was used in the early 1960's. A copy of that drawing is enclosed without page number with the Administrative Agenda packet. After some deliberation by the committee, it was generally concluded that 1) the building will be relocated, 2) the building should be restored to original condition, 3.) a small area would be reserved for artifacts to be displayed, 4) tours and simulated town meetings for school children will be emphasized and 5) a brochure and other materials would be prepared over time that would explain the history of Eagan and how that facility was used during the first half of this century. A motion was then adopted that recommends to the City Council a three step process that includes 1) relocating the building, 2) restoring the building to its original condition and 3) plan its future restoration while creating a community interest in the project. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recommendation of the History Committee as it relates to the relocation and future restoration of the old town hall building. Item 4. Clean -Up Day - May 6--A city wide clean up day is planned for Saturday, May 6. Mayor Ellison is asking service organizations and other groups to assist in the clean up day activities. The main purpose of the clean up is to canvas the city, roadsides, parks and other open spaces by collecting debris during the morning hours and end with a picnic on the City Hall grounds around noon. PUBLIC WORKS DIRECTOR Item 1. Implementation of a Water Use Restriction --The Director of Public Works is proposing a water use restriction for the entire community during the months of June, July and August. The reason for the restriction is the reduction of water availability that will be caused when the Lexington trunk main is taken out of - service to upgrade Lexington Avenue and the fact that the four million gallon reservoir referenced as the Lexington Reservoir will not be completed for peak summer usage. Please note that the Lexington trunk main is a main trunk feeder. It is the intention of the City to prepare a publicity campaign by notifying the residents through the May newsletter and local newspapers and, therefore;, an early action is desired. The Director of Public Works will provide additional information at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a water use restriction for odd/even days during the months of June, July and August for the reason stated. /s/ Thomas L. Hedges City Administrator a�3 STATE OF DEPARTMENT PHONE NO, (612) 445-9393 March 30, 1989 Area Wildlife Office 223 Holmes Street, Room 101 Shakopee, MN 55379 Mr. Thomas Hedges, Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 OF NATURA.L RESOURCES Dear Mr. Hedges: FILE Since 1984, Minnesota Department of Natural Resources (DNR) and/or US Fish & Wildlife Service (FM) representatives have met with your City Council to request authority for deer hunts on public lards in your city. At many of these meetings we debate the issues of the safety, effectiveness, and humaneness of the deer hunt as well as the possible alternatives. We would like to develop a long-range deer management program for the Fort Snelling State Park, Minnesota Valley National Wildlife Refuge, and adjacent deer concentration areas. By doing so we could avoid an annual, time-consuming, and often emotional debate over the same issues and spend that effort doing the job. To arrive at a management plan most likely to be accepted by the citizens of your commmmities, I am forming a task force to examine the alternatives and to attempt prepare conceLsus recommendations to the Councils and the natural resource management agencies. The task force will be representative of 4 groups: hunting; anti -hunting (or "animal rights"); "unbiased representatives" of the cities of Bloomington, Burnsville, Eagan, and Mendota Heights; arra natural resources agency field staff. Attached is the final proposal for the implementation of a task force,. When I met with the Council last summer, they expressed much interest in participating in the task force. I now request that the Council, select a representative. You may select a citizen -at -large, a staff member, or whomever you feel is appropriate. The task force member should have some interest in deer, but he/she should not be strongly opinionated either against or in favor of the ruction of deer numbers by hunting or sharpshooting. The first meeting will be held frau 7:00 pm till 9:30 pm on Wednesday, April 26, at the Minnesota Valley National Wildlife Refuge headquarters, 4101 E. 80th Street, Bloomington. Future meetings will be scheduled by the participants. I anticipate about four ve ekly meetings with reconmendatieam finished by mid-May. Wa may need to proceed beyond that date to complete long-range recommendations, but a recommendation on any hunting season this year will be made by then. If you have any questions, please mall me. Thank you . Sincerely, ./� Jon M. Parker, Area Wildlife Manager AN EQUAL OPPORTUNIEMPLOYER STATE OF r � Gam] {� � 0 4LQ DEPARTMENT OF NATURAL RESOURCES PHONE NO.(= 445.9393 Jon Parker, Area Wildlife Manager 223 Holmes Street Shakopee, MN 55379 FINAL PROPOSAL March 28, 1989 MINNESOTA RIVER VALLEY DEER MANAGEMENT TASK FORCE FILE JUSTIFICATION: 1. The Burnsville City Council has requested that'a citizen's task force on deer management be instituted by wildlife management authorities. Before approving DNR deer hunts and/or sharpshooting this year, the Council has asked DNR to prepare a proposal for the task force and take steps to begin implementing it. The Council will not approve further deer hunts until the task force makes recommendations to the Council. 2. This task force may be instrumental in coordinating deer management programs among the many cities in the lower Minnesota River Valley. To date, wildlife management agencies have been unable to encourage the cities with deer problems crossing city boundaries to work together for comprehensive solutions. 3. Such a task force could be utilized to address other inter city wildlife management issues in the Metro Region, such as Canada goose contol, by modifying its membership to suit the issue.. TASK FORCE OBJECTIVES: 1. Identify the problems associated with deer populations in the Valley. 2. Review past and proposed deer management by wildlife agencies. 3. Review existing and potential deer population control methods and recommend methods to be used in the Valley. 4. Recommend desireable deer population densities. 5. Recommend practical methods for implementing a comprehensive deer management program in the lower Minnesota Valley. Recommendations should include.: a, agency, person or group in charge of implementing the program, 'b. agencies responsible for financing the program, c.. institutional changes needed to implement such a program, such as city ordinances or Minnesota statutes. TASK FORCE MEMBERSHIP: The City of Burnsville has offered to provide a "facilitator" for the task force. As an alternative, I am considering the temporary hiring of an experienced facilitator. This person will provide a structure for analyzing the problem and identifying solutions and will act as a moderator or meeting leader. The facilitator will be subject to approval of the task force. The group will have representatives of organizations with interest in deer populations.. citizens from each city involved, and representatives from the natural resource managment agencies involved.. Membership will include one representative selected by each of the following cities: Burnsville, Eagan, Mendota Heights, and Bloomington. Natural Resources agency members will Include: US Fish & Wildlife SRiv486ALD6PFOA7TM" g�FrLbrh%and Recreation, DNR Division of Fish & Wildlife, and Hennepin Parks. Special interest groups represented will include: 2 or 3 statewide hunting groups: 2 or 3 anti hunting, or "animal rights" representatives, and up to 3 representatives of non hunting recreationists using the public lands in this area. The group will number 12 to 17 members. DECISION MAKING: All decisions and recommendations of the task force will be by concensus or unanimous consent. If no concensus is reached, no recommendation will be given to the city councils. IMPLEMENTATION SCHEDULE: Recommendations must go to the city councils by May 17. We hope this will allow for decisions to be made so that hunting seasons, if any can be published by the deadline for the DNR "Big Came Synopsis", June 7, 1989. The first meeting will be Wednesday, April 26, from 7:00 9:30 PM. I will arrange for a meeting place. d plan to have weekly meetings until May 17, unless a recommendation can be.agreed to before that time. rl � MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: APRIL 6, 1989 SUBJECT: INFORMATIVE MEMO -STRYKER ADDITION/DCR COMPANY At a future Council Meeting, the preliminary plat for the Stryker Addition, also known as Cedarvale Highlands Shopping Center Apartments, will come before the City Council. As you are aware, this is a mixed use and development, which had not been platted at the time of construction. The current application is to split off the part of the property which includes the liquor store. As you know, this type of mixed use development is often not permitted because of the concern about separation of potentially incompatible uses. Despite that, there has been a resurgence in such combinations of uses, particularly in inner city applications and in senior housing, where the proximity of business and retail services is essential. Approximately two years ago, a concern was raised by a resident of the Cedarvale Highlands Apartments about noise being generated by a drycleaning establishment and shirt laundry in the commercial strip. Her apartment was directly over the establishment, and she was sensitive to additional noise caused by the facility. City inspectors reviewed the situation and discussed the matter informally with the business operator. The resident was informed that if the matter was not resolved to her satisfaction, she should contact the property manager in that regard. The City received no further contact from her. Although this situation appears to have resolved itself, it points up the need for continued attention to compatible commercial uses with residential uses immediately overhead. Mike Doherty of the City Attorney's office indicates that it is not appropriate to attach use conditions to a preliminary plat. Therefore, this application may not be the venue for this concern. It may be appropriate to raise the issue informally though as the owner is before the Council for an approval. It would be a good opportunity to remind the owner of the City's concern for residents of the apartment units and of the compatibility of the commercial space with them. If you have any questions in this regard, please let me know. As istant to the City Administrator JH/vmd A regular meeting of the Eagan City Council was held on Tuesday, April 18, 1989, at 6:30 p. in:at::>i;tiea:ga Municipal Center. Present were Mayor Ellison and Count 'etp r-s`F1:d:chter, Egan, Gustafson and McCrea. Also present were City Administ:zator Tom Hedges, Public Works Director Tom Colbert, Community Development Director Dale Runkle, City Planner Jim Sturm and City:,: tornoj-..James Sheldon. F7�ff 7, f� Councilmember Wachter requested the addition to the agenda under Department Head Business regarding the oak tree located on the Target property. Wachter moved, Gustaf :eSri;:�econdea, the motion to approve the agenda as amended. All voted'iii':fdv_gr,. April 4. 1989 Councilme.Mber::Egan requested a spelling correction to John Eckblad's name on :.ia:ge 6, paragraph 1. Wachter moved, Egan seconded, the motion to approve the minutes for the April 4, 1989, regular Council meeting as amended. Ellison, Wachter, Egan and Gustafson voted in favor; McCrea abstained. PUBLIC WORKS DEPARTMENT/P]103:9=::::N1O : 56:2A/WELL NO. 14 - THOMAS LAKE RESOLUTION SUPPORTING:SYTE LOCATION City Administrator Tom Hedgoi¢expl&:7tned the necessity of the resolution to the Council. Councilmembet Egan questioned if the property owners had been notified. Public Works Director Tom Colbert stated that all property owners within 350 feet were notified of the neighborhood meeting. Egan moved, Gustafson seconded, to.o:motion to approve a resolution supporting the site locatio* bf Project 562A (Well No. 14 Thomas Lake Park). All voteq;:::1r1:::svasF;:: PUBLIC WORKS DEPARTMENT/GOPHER...SAGAN INDUSTRIAL PARK GRADING PERMIT/E8TENDED::XOURS AND DAYS City Administrator Tom Hedges informed the Council the contractor was requesting that the hours and days of operation Page 2/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 allowed by the ordinance be;.,extended to -allow, the work to be performed 24 hours a day a�c]:occasion4:iy on a Sunday. The applicant was available at the meeting:::o:c::gueSk:ions. Councilmember Wachter questioned what would happen with the stockpile. Bob Rudy (Shafer Contracting) replied that the material would be returned to the original hole. Egan moved, Gustaf son::::sEGii9::::tTge. motion to approve a variance to City Code 4.30 for grad1itg' pYia%t E3-088, Gopher Eagan Industrial Park, allowing extendEi7 houii,of operation for a 24 hour schedule and Sundays as weather -dictates. All voted in favor. ?TgEE Councilmember Wachter reported that the History Committee requested the Council reconsider the matter. City Administrator Tom Hedges updated the Council on the background of the matter. He stated that MnDOT recommended that the tree not be removed. Councilmember Egan st:ted;::.that MnDOT did not have to approve the removal of the tree and that `Ea:i:,ge:t::;;.could negotiate with MnDOT. Councilmember McCrea commented.. sHe:v.0..0d like the motion to be reconsidered. Mayor Ellison was in agreement and stated he felt the motion should be rescinded. Egan moved, McCrea se65rfdei3, the motion to rescind the April 4, 1989, motion regarding removal of the oak tree on MnDOT right-of-way adjacent to the Target store. All voted in favor. Egan moved, McCrea seconded, the motion to refer the Target oak tree matter to MnDOT with _Ao.:re.00mmeltida.tion. All voted in favor. City Administrator Tom Bedge:s:intioduced the matter. He recommended designating the area:;: Page 3/EAGAN CITY COUNCIL April 18, 1989 Councilmember lawn chemicals and hazard. He stated h regarding the matter. Wachter stated e felt PARS MEETING MINUTES IN.; :C.A$1iALS infoined the Council of concerns regarding residents should be cautioned regarding the the City should acquire more information Councilmember McCrea stated,.;she felt the Parks Department costs were well presented by Ren Vraa<;pd sh:s::�ppreciated his effort. Councilmember Wachter requested another access to the compost site to improve the circulation. :...CONSENT AGENDA City Administrator Tom HeO:ges::.r;eq,uested that Item C (Proclamation, City of Eagan Arbor Day) be pulled from the consent agenda to allow the matter to::be dis.C.w:ssed. A. personnel Items. 1. Land Develo questioned if the Ci Director Tom Colbert full-time consultant. requested the matter final candidate. pment/Design Engineer. ty needed a new design replied yes, that the He stated the plans be contitlue.d:.;fo,r.,.two Councilmember Wachter engineer. Public Works City presently has a would be reviewed and weeks to determine the It was recommended to continue to::Fie May 2, 1989, City Council meeting the hiring of a candidate:as lana development/design engineer for the City of Eagan. 2. Accountant I. City Administrator Tom Hedges informed the Council the candidate was Sue Sheridan. It was recommended t Accountant I for the City completion of the City's 3.a. Seasonal informed that Bruce maintenance worker. 3.b. Seasonal approve the hiring maintenance worker. o approve the hiring of Sue Sheridan as of Eagan, subject to the successful physical examination requirement. Utility]a: tltieiC¢ ±l:arker. The Council was Koopmeiners was hired as a seasonal utility No Council action rigs: required. Utility Maintenance Worker. It was recommended to of Jeffrey Borsman as a seasonal utility Page 4/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 4. Seasonal Park Work* :r-;':. It was::: ecommended to approve the hiring of the ten seasonal pa W-o4lbtenance workers as presented, the two seasonal park attendants a's pYssented, the three seasonal ball field attendants as presented and the two seasonal forestry technicians as presented for the Park and Recreation Department. 5. Administrative Inte.r:n >S.t.;.;xwae;;r:ecommended to accept the resignation of Daniel MundatiJ>: ::8:e l.ni trative intern. B. Plumbers Licenses. It was recommenced to,appigveth%..'�hree plumbing licenses as presented. This item to be discussed at the end of the consent agenda. D. It was recommended to recieive the....petition for Project 566 (Coventry Pass - Trunk Utilit:a �s):;a:n:d:;a:iithorize the preparation of a feasibility report and detai.l;ed;::p ns and specifications. E. Contract 89-06. R66 ve Bilis:/Award Contract frl iff Road - Booster Pump). Councilmember Wachter asked for an explanation of the difference between the estimate and the final bid. Bob Rosene stated that all equipment had been furnis4d.::'::' It was recommended to receive:the:bids for Contract 89-06 (Cliff Road - Booster Pump) and award tbe: conti#$ct to NW Mechanical as the lowest responsible bidder, and aithorixik::,the Mayor and City Clerk to execute all related documents. Councilmember Egan commented that:: -the bids in this matter were also below the estimates. It was recommended to:tEe;ager::;#lids for Contract 88-28 (Fire Station No. 1 - Parking Lot'''TmpYoveinen't'ej and award the contract to Munn Blacktop, Inc. as the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all:::::'' documents. Page S/EAGAN CITY COUNCIL April 18, 1989 G. MEETING MINUTES . . . . . . . . . . It was recommended to rec Pond - Streets and Utilities) Excavating Company, Inc., and execute all related documents. ei:Ve the bids and award the authorize the for Contract 88-34 (Alden contract to Fredrickson Mayor and City Clerk to It was recommended to recef'40 the��I"�inal assessment roll for Project 544 (Mallard Park --Str-06t.-:Li. 's) and schedule a public 8 hearing to be held on May It was recommended to....,receive the final assessment roll Project 523 (Stoney Pointe::�4,ih;d..B lackhawk Ponds - Trunk Water and order the final assessmifit'.:,0' hearing to be held on 1989. for Main) May 15, Project 515 held on May K. (Dodd Road - 15, 1989. r Overlay) and order the public hearing to be It was recommended to receiV''0::the:f:1na1 assessment roll for Project 530 (Kindercare - Water Min) a . h . d schedule the final assessment hearing to be held on::,4ay is . ::,1989. L. ARprove Final Plat/Alden Ponds. It was recommended to approve the final plat for Alden Ponds Addition and authorize the Mayor and City. Clerk to execute all related documents. . . .. M. Proi-ect 564. Receive... Petftion-/Authoriz a Feasihilitv Renor It was recommended to receive the."1'*'.tition for Project 564 (Rahncliff 2nd Addition - Streets and Water Main) and authorize the preparation of a feasibility report along with detailed plans and specifications. Page 6/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 It was recommended to au Project 548 (Cliff Road water solicitation for requests for engineering firms for design 0. It was recommended to ap Ridge 2nd Addition and author all related documents. P. LQJ Reservoir). thdt:ilt the feasibility report for Treatment Plant) and to authorize the proposals from professional consulting services. I plat for the Blackbawk and City Clerk to execute Councilmember Wachter requested clarification in regard to the matter. Public Works Director Tom Colbert stated that only a change order was before the Coundil:... It was recommended to appibV*,C.,btinge Order No. IF Contract 88-24 (Lexington Avenue Reservoir) and a6th'O ' rize the Mayor and City Clerk to execute all related do cum etht Q. It was recommended to receive the feasibility report for Project 562 (Well No. 14) and authorize the continuation of the project process. R. Prosect 563, Rece No. I';) It was recommended to receive the:f-easibility report for Project 563 (Well No. 15) and authorize con.t.'inuation of the project process. Councilmember Wachter asked if there would be any additional charges. Public Works Director Tom Colbext replied yes there would be additional charges for blasting and bai'lling. It was recommended...P .tPV6*:C ;*n.:ge Order No. IF Contract 88-31, (Well No. 12 - Completion ''" Date) authorize the Mayor and City Clerk to execute all related documents. Page 7/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 ........... ................ ..... It was recommended to appr-0-0i the second and final payment Contract 87-14 (Country Hollow - Sanitary Sewer Lift Station Equipment) to Smith & Loveless, Inc. and accept the facilities perpetual City maintenance and operation. for for It was recommended to auth4 - 1z e tbseventh and final payment for Contract 87-12'Addition - Streets and Utilities) to Richard Knut:6'0"nl:i":.''Ind'i:'':'4i.n:d authorize the acceptance of the improvements for perpetual City maintenance. It was recommended to....authorize the ninth and final payment for Contract 87-17 (Blackhawk:9'-b'.4d-.r Streets) to Preferred Paving, Inc. ...... ....... and authorize the rovements for perpetual City maintenance. It was recommended to authorize the seventh and final payment for Contract 87-41 (St. Francis Woods 6th Addition - Streets and Utilities) to F. M. Frattalone and authorize the acceptance of the improvements for perpetual City maintenance. X. Contract 88-19, Fii�i`p�yj�jjji' j'ceptance (Well No. 5 - Removal and Repair). ........... Councilmember Wachter questi-i6hed i:f:::the water needed to be tested after the repair. Public r#..Q"'iks btrector Tom Colbert stated that the water had been tested after the"::repair. It was recommended to authorize the second and final payment for Contract 88-19 (Well No. 5 - Removal and Repair) to Mark Traut Wells, Inc. and authorize the acceptance of the.... improvements for perpetual City maintenance. Y. Project 567, i7e Preparation of Feasibility Repo t (Effres orm Sewer). It was recommended to receive the,::Vetition for Project 567 (Effress Addition - Storm Sewer) and ad.fhorize the preparation of a feasibility report. Page 8/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 C. Proclamation, CitV.bf Eagan Arbor Day. Parks and Recreation D deetr:&eh Vraa introduced the item. He recognized Mr. Iverson. Eric Iverson, President of First Bank Eagan, presented sweatshirts to the Councilmembers. He elaborated on the park programs and stated that posters wo.u1d:;:;be;;.dirtr:s:buted. Mayor Ellison thanked First Bank Eagan and Mr. It was recommended to approve the resolution entitled "Eagan Arbor Festivities" proclaiming ,$ .turday :April 29, 1989, as Arbor Day. Gustafson moved, McCrea seconded', the motion to approve the foregoing consent agenda items as presented, and authorize their implementation. All voted in favor. PROJECT 487R, FINAL ASSESSMENT ROLL (BRAUN COURT - STREETS AND UTILITIES) City Administrator Tom Hedg+es::povided background information for the Council. Public Works::::Directft T.om Colbert explained the assessment calculations and dJ:scuss 4::tte meetings with the neighbors and their objections. Be stat?ei::tere were three areas of overrun - 1. storm sewer addition as:.::t:014:'design change; 2. poor subgrade materials; and 3. overhead: He presented an alternate assessment roll. He stated the final costs would be reduced by $10,000.00 and that the overrun would now be at $9,000.00 with the reduction. He informed the Council there were still two objecting owners. Be stated that if the alternative assessment were challenged, he would prefer defending assessment versiiq}:;iiianbe=::this:: Councilmember Wachter commented that the street was settling and asked if repairs would be made. Mt:' Col:I*rt stated yes and outlined the corrections. Henry Braun objected to the assessments and stated he felt the job was poorly done. He stated he felt there were engineering problems and that no extra grading had been done on the road. He informed the Council he was available for questions. Public Works Director Tom Colbert:4.0estioned the calculations. Mr. Braun reiterated his object,sons............ Councilmember McCrea 4uest oned''ITthe City received what it paid for. Jerry Bourdon responded that:the contract was awarded to the lowest bidder. He felt the costs wet.# comparable and fair and stated that they do measure quantity. There was much discussion regarding the project by Mr. Braun. Page 9/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 Councilmember Wachter:ll ad concern:s*regarding the blacktop. Mr. Bourdon responded regarding:;gjs..,concern.g. Councilmember Egan questioned what percent was'.... ..:::2sir 4: fitting off. Mr. Bourdon replied about 28. Councilmember-:1V`liter questioned if there would be any problems with dangers. Mr. Bourdon replied no. Councilmember McCrea asked if the contractor was still the lowest bidder with the cost overruns. Mr. Colbert replied yes. Leonard Walz commented:: tFTat:;te::aijreement was legally binding. He felt the cement was too expert ve. He: further commented that the depression in the tar was danger0iis and"be had concerns regarding other construction problems. Wayne Cordes commentetl :tie :thofFgb:t: the contract limited the costs. Be remarked that nobody explained the overrun possibility and felt that the overhead should be reduced further. Mayor Ellison asked if the work had been done well and if the changes would be made without cost. Mr. Colbert replied that the corrections would be made i't::::no„cost. Councilmember Egan stressed that he was unhappy with th::?Foceyres and the mistakes. He felt the project should not have been spY'i::::;a#;c: He pointed out that the City had made a very reasonable eva3;uation..gf...the cost distribution. He felt that all of the taxpayers:.sho,tIi::ttOt be made to assume all of the costs. Councilmember Wachter::& phasized that the road was in bad shape and he commented he understood the neighbors' concerns. Public Works Director Tom Colbert reported that $1,500.00 of the $10,000.00 was from the engineering firm. Mayor Ellison question4d if'` b:e Ciiuncil should recommend Assessment No. 1 or Assessment No::::2. C:ty Attorney James Sheldon informed the Council that their datermLO tion should not be made under threat of legal action but :din the:::: -basis of benefit only. Mr. Colbert explained the rationale acid als4::the options. Egan moved, Gustafson seconded, the motion to close the public hearing and reduce by $10,000.00 the final assessment roll for Project 487R (Braun Court - Streets and Utilities) and authorize its certification to the County for collect:�-:dn. Ellison, Wachter, Gustafson and Egan voted in favor; McCrQ.;.voted against. Mayor Ellison stated ktefeFXd;t3e original assessment roll without modification. Councilmember Egan commented that tti� City should assume their portion of the costs and felt that the net result of the original assessment roll would be detrimental. Page 10/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 Ellison moved, McCrea;::seconded, ibe motion to amend the previous motion to approve the froll as presented for Project 4878 (Braun Court - Streets, U:t:i:3%ties) and authorize its certification to the County for,:collection. McCrea and Ellison voted in favor; Wachter, Gustafson and Egan voted against. VACATE PUBLIC ACCESS EASEMENTS OUTLOT A;::.:::;SE6BR:;.ii�#QpS::,OFFICE PARE City Administrator Tom Bedges rev)EWed the matter for the Council. Wachter moved, Gustaf:son:::::se'COnde:tl::the motion to close the public hearing and approve:::the vaca.kion of a public access easement within Outlot A of Eagan Woods Office Park. All voted in favor. SPECIAL ASSESSMENTS/METRA!! PROPERTIES/SILVER BELL CENTER City Administrator Tom,Bedges presented the background information to the Council::s$atding the matter. Dale Ahlquist (representf financial obligation condition condition was previously made:: a mistake from the 1970 prQJA unfair. He commented that :'ffe the storm sewer. He commented was opposed to the assessment. ve f:a applicant) objected to the He stated that no mention of the Q::;furt)iei stated he understood it was Ana he felt the assessment was plicant would receive no benefit from at he was confused and the applicant City Administrator Tom Hedges explained the assessment policy and commented that staff was :_:,curx:etly,.r.eviewing the policy. Councilmember Egan repo`rte procedural safeguards were foll Colbert replied that either the rate or the size was under -esti; procedure. report did not indicate if is Works Director Tom t was not at the correct further explained the McCrea moved, Egan seconded, the motion to deny an additional condition to the Metram Properties Company motor fuel sales conditional use permit requiring a financial obligation of $10,611.00 for storm sewer trunk, which had previcii:Bly been assessed incorrectly. All voted in favor. Councilmember Gustafson? teui rkpii::€#i" t the City should not collect as a condition. Mayor Ellison commented he felt staff should be more judicious. Egan moved, Wachter seconiddd'?":''"ihe motion to continue the matter until later in the meeting. All voted in favor. DANIEL DRIVE AND LEXINGTON POINTS PARKWAY RECONSIDER:::441,"NE.]R!F..:::43F TRAILWAY City Administrator Tom Hedgl.0.6 introduced the matter. David Ashton (representativijor t:b.e neighborhood) gave a brief history of the area. He st.a.tftd..*it. th,q::::bike trail intersected driveways and be had saf et�.,:::,O' fide r -6B ':9 further commented that the .0 e neighborhood had changed and pointed out that across the street there were no driveways. Councilmember Gustafson questioned if the alternative was to place the bikes on the street. Councilmember McCrea questioned the ownership of the land to t.,6.ik:;:north. Public Works Director Tom Colbert stated it was HUD proper be sold. Mr. Colbert pointed out the area to the Council. McCrea 'Sb:.a':'r:e'd:.:,Gustaf son's concerns and commented she did not want the.:*:bikes "'in .the streets. She questioned if the trail could be locate&:�Qn,.the:::�. i4er side of the street. Mr. Colbert replied there were I rx,veways on the other side but that the front yards would give,::: ..diii::::b-enef it. Councilmember Egan questioned if there were ahy engineering problems with the other side of the street. Mr. Colbert stated he did not believe so but he would check into the matter. Councilmember Wachter annou concerns even if the trail:::;were--: street. Councilmember Gustifio'h'X: issue and asked if the neighbors Mr. Ashton stated be felt it was Mayor Ellison asked for a shb Ashton stated there would be three street. d he would still have safety e 'i':::the other side of the dl: Q. ............ iftbhid if safety was the only d concerns regarding aesthetics. factor but not a primary one. ofhands of the neighbors. Mr. "noli• on the other side of the Councilmember Gustafson requested the staff review the matter and suggested looking into moving the t ' t*.'il to the other side of the street for aesthetic and safety reasons:;::::: Gustafson moved, McCri a '(50 . 'a. e motion to continue to the May 15, 1989, City Council to the trailway along Lexington Pointe Parkway and Dani -e1-: Drive, to allow staff to further review the matter. All voted idafavor. Councilmember Egan quistioned if in rezoning there had been a change of criteria for trails. City Planner Jim Sturm replied no. Page 12/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 Egan questioned who would:..&y the costae City Administrator Tom Hedges stated that the devej:b.per woul&::probably pay the costs. Mayor Ellison pointed out that tk'ei" a. sCes::::trail plan should be interconnected and further codbitht.*d that the plan was in effect before the homes were built. Councilmember McCrea requested that the Park and Recreation Department examine the placement of the trailways. DECLARE SURn'U9::VR0P29TY/SET AUCTION DATE City Administrator Tom Hedges introduced the matter and distributed a list of additional.::surplus: property to the Council. Wachter moved, Egan s cQritied;::th4.motion to approve the declaration of certain City property and police evidence as surplus and authorized the sale and auction on June 3, 1989; with the exception of those items that will be sold through a published ad in the League of Minnesota Cities magazine. Wachter, Gustafson, Ellison and Egan voted in favor; McCrea was absent. VARIANCE/WARFTSIADIPRONT YARD SETBACK City Planner Jim Sturm s;ummarizeb,the application for the Council. Denise Warfield was availa;bx;::for questions. Councilmember Egan sta e;d>:he saw no justification for the variance as the garage would be ten feet in front and that the house could fit on the lot. Mayor Ellison commented that there was a need for a hardship to approve a variance. Councilmember Gustafson asked why the adjoining lot had received a variance. City Planner Jim Sturm responded it was because of the slopes. Egan moved, McCrea seciin:e8 ;tle: motion to deny the ten foot variance to the 30 foot front yaca setback to allow the construction of a home and attached garage i;i::1ot 4:::::81ock 2, LeMay Lake Hills Addition as applied for by Bobby::::and Dii ise Warfield. All voted in favor. .. PRELIMINARY PLAT/KINGSWOOD 32D ADDITION City Administrator Tom Hedges updated the Council regarding the matter and stated that the Advisory Plo.nbing Commission recommended approval of the preliminary plat and tii'i;variance. City Planner Jim Sturm recommended elimination..,ot....,thp-. ''ssibility of the outlots becoming tax forfeitures. Rolly Crawford (attorney for devel.:aper) explained the development to the Council and stated tbAt the variance was for the cul-de-sac because of the ponding area. He agreed to all APC conditions. He pointed out that only two issues remained - 1. treatment of the Bank Brewstel (adjoining landowner) assessment; and Page 13/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 2. the outlot problem. In .'. i . egards to number I.p Mr. Crawford stated U. ...,.x that be felt the cost of road sbo..u1-':0 be distributed to the benefited property; however Mr:, . ;:j::96rne would assume the cost of the entire roadway with acoveai;t::::aeiiying access unless Mr. Borne was reimbursed. In regards to"ni"M"i" "r 2., Mr. Crawford stated that all outlots should be put into the Homeowners' Association control. He pointed out that there would be minimal or no maintenance needed. He informed the Council he was available for their questions. Councilmember Wachter* :'-:fiff"d €YCiregarding the location of the northern lots. Mayor Ellisow: . uesti . 6 . hed the past practice. Public Works Director TOM Colbert state4'that-'fhe roadway must be available before the development could pr... ed. -r-� d Crawford commented that the City would not be liablemit''.'w'"'asn't granted. City Attorney Jim Sheldon stated that .... ould not involve the City. Mr. Crawford mentioned that the developer did not want to pay 1008 without covenants. Bank Brewstel reported that he had no problem with the covenant agreement. Be had concerns, regarding the retaining wall. He felt it was a good plan but requeii:6w:-:a. safety rail. --i:::th:6::,City's position on the road Councilmember Egan questione'd........ connection. Mr. Colbert statec"f�At wa . s . ..t.q.tally a local street. Mayor Ellison had con ding the outlots. Mr. Crawford again recommended control -1*.::A'e Homeowners' Association. Be observed that even if the land was f6 . rfeited, it would not be a major liability for the City. Be commented that to attach the outlot to a single lot would make it unsalable. Mr. Colbert pointed out that outlots on cul-de-sacs could be right-of-ways. Be stated that if they were not maintained, thethe outlots and blacktop. ....... ... City Planner Jim Stuim"r'edbihi.doti'be'd""bringing the street up to the Mn DOT property line. Mr. Crawford:;,Point'�O out that the present layout allowed the grading and planting :':Be stated the developer was willing to work with staff and was also vi.111ing::`.to have a condition that the preliminary plat approval be subji6t td.:::.t - he outlot resolution. Mr. Sheldon informed the Council that the outlot problem could be attached and at a later time amended by negotiation. Councilmember Egan agreed and stated he felt the cul-de-sac islands should be a right-of-way. Egan moved? McCrea secQndedP,.::-th.exmQ.tion to approve a preliminary i'l plat consisting of forty-sl:k:::g. :jRqpe:�-tgm;k,.y lots on 28.0 acres located along the west side of Pilo"i"In6b-goad .'.'in the southeast quarter of Section 16 and the northeast quarter of:::�$'.ection 21, as requested by Borne Development, subject to the follov:'Ing conditions: Page 14/EAGAN CITY COUNCIL MEETIN9 .. MJXQ.TES April 18, 1989 ................ 1. These standard co6fttions of -:p-14t approval as adopted by Council action on Septembe r44.. all be complied with: Al, Bl, B2, B3, B4j Cl, C2r C3r C5v Ad -o and G1. 2. The outlot adjoining 35E shall be attached to the adjoining lots and potential tax forfeiture issues shall be resolved prior to the final plat submission concerning th.e outlots and cul-de-sac islands shall be included A. 3. The development will be :'i"e"quire-4to submit detailed plans and specifications for the proposed.:r..etainin.g walls (including a safety f railing) construction for sta t ' .::,.revJ.4i.V:"and approval. ...... .. ... .... 4. All slope areas ar6i6quiriiito be 3-1 or less. All voted in favor. McCrea moved, Gustafson seconded, the motion to approve a variance to the 500 foot requirement for a cul-de-sac in regard to the Kingswood 3rd Addition::.gg: ,'4 ..::::r.equestec by Horne Development. All voted in favor. PRELIMINARY PLA'f/kAGAA..1.00TER 3RD ADDITION City Administrator Tom:::..h::g'es-briefed the Council on the matter. Randy Peterson (New H - orizon) and John Camp (Tri -Land) attended the meeting and were available for questions. Councilmember Egan expressed concern regarding the large outlot. Brad Swenson replied that stbe-:plattin . s for bookkeeping purposes. Egan asked why there was arqe:.r:.::.de.V'elopment. Mr. Swenson stated they were following the overall plan. Public Works Director Tom Colbert questioned the need for tO. outl'Ots. Mr. Swenson replied they were setting up boundaries for tki.gi,:.chur . c I h. Councilmember Egan requested an int'e'rpretation of the CPD ordinance. City Attorney Jim Sheldon responded that if two of the criteria of the ordinance were met, the development was ok. Gustafson moved, Wachter secondedF-:--t:h :e motion to approve a preliminary plat for Eagan Center 3rd A'44ition consisting of one lot and three outlots on 32.21 Plan ' ned Development - Community Shopping Center zoned acres located:A1 ... .. .... side of Lexington Avenue, .... ..... south of Kensington Trail ::the northeast quarter of Section 26, as requested by Tri -Land Partnership, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall complied with: Al. B1, B2r B3F CIF C2F C3F C4r CSr DIF Elr Fl. and G1. Page 15/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 2. No parking on Lexifilg"" .,:Avenwe;:`or Lexington Pointe Parkway shall be permitted. 3. The development is required to provide sewer and water service to the northerly adjacent property. 4. The development 1&;:#�?i.red;;to;:;:provide a black chainlink fence or other limited viii.'1A. tti:<feacifi7. 5. The parcel is within tho,.Lexington South Planned Development and subject to a cash obligatio:lccordsh n: Page 16/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 Bill Skarre asked ho4::the center:::gioint related to the commercial corridor. Mr. Rockenstein eil.a.fned:E commercial corridor. Doug Powers (Air Traffic'Minager) explained the rationale for various runway headings. He pointed out that the wind had been taken into consideration. Mayor Ellison comment.ed:.h;e...;f.elt;.:tite only option was the one in the middle. Mr. Rockenstein =paz:tEd:::the FAA would not accept any of the alternatives. Mayor E3�t .31son::::siiggested a workshop to discuss the alternative. City Administfator Tom Hedges pointed out that the Eagan Land Use was impp#tant:4kld that the Met Council should be involved in the alterna,t.ive:s;::'Mr.,..Bbhenstein stated that the solution should deal with :t'' e::::Mtet :00-u 40il contours. Be further reviewed the history of the situation'. Mayor Ellison thanked Mr. Rockenstein for attending the meeting and presenting the matter to the Council. COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY PLAT/ CONDITIONAL d5$:.:PERMIT - SODERHOLM ADDITION CITY OF EAGAN/LEZI! SOUTHWEST City Administrator Tom information and explained t plan. PLANNED DEVELOPMENT/ :SECTION 23 iewed the background for the resubmittal of the Dale Heines (developer) recapped the changes for the Council. He presented the petition to the Council and stated that the development had the neighborhood support. He described the access and commented there was not oppositioncess:;:otito Diffley. City Planner Jim Sturm pointed out:. -:t -.hat there was full access at the present time, but it would be:a righi-in/right-out in the future. Councilmember McCrea asked f0't the::::traffic count figures. Ray Connolly replied there would be between 12,000 and 14,000 when the area was fully developed. Mr. Beines stated there were two legal accesses at the present time and that two would be closed, whid.h-::;Would provide for one access in a better location. Be reported that the County had already approved the matter. McCrea „queatlaae.a;..eliminating the Diffley access. The developer commeited::::iha;t3i::proposed uses could not sufficiently be serviced. He stafei? tkie traffic was quite light. McCrea questioned if the traffic circulAt;ion would work without the Diffley access. City Planner Jim Sturm stated yes. Mayor Ellison asked why the internal access did not connect across. The developer commented that it was planned for in phase two. He further stated that the cut on Diffley was crucial for the bank and that Soderholm Page 17/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 --- favored connecting Lexingt.o.jq and Lexington Way. Councilmember Egan questioned why the buil din:#.:.. should b.e�:�,�onnected. The developer commented it would improve' 'traffic and the parking situation. He informed the Ut& had worked hard with the consulting engineer. Councilmember Gustafson asked the reached with the County. The developer with the Diffley cut. Gust.&.fl§di Board approved the plan, h7ei".viae County. Councilmember Egan disc residential use has an access, development. Councilmember McCx townhomes. The developer re.v1:i4 he did not see a reason td.:::c a . r Ellison stated that the parcel dwellings and pointed out that Councilmember Gustafson agreed. doe developer what agreement was replied that the County agreed l':)out that since the County (:::toward agreeing with the f4.:: stated that just because the 11-t mean the same for this i;i,jf the neighbors favored Uncilmember Wachter commented .omprehensive Guide Plan. Mayor would not work well with multiple Limited Business was lower density. Councilmember Egan stated the Council should not consider the matter without a major chai''' .N.4es:-aAd that the Advisory Planning Commission should have He felt the area has an excess of retail business and that mast" Business. He pointed out that:�Ihe Multi Dwelling. He was opposed:to: problems continue. He suggQ,,&ti.ed;::t not changed. tie site had undesignated Limited ppehensive Guide Plan showed Wg'e and stated that the access the reasons for the denial had City Attorney Jim Sheldon explained that staff should prepare a resolution stating the reasons for the denial. Egan moved, Wachter s.e.e c.o,nde,d,, the -motion to deny 1) a Comprehensive Guide Plan Ai . fi,; . . i , � tht::ftOM:::D-I to Limited Business, 2) rezoning of 7.89 acres PD S) a preliminary plat entitled Soderbolm Addition and 4j::a conditional use permit for a pylon sign, for the following reasons: A . one: 1. There was no material change frb6 the last proposal. 2. The retail study shows an excess of retail land across the street which is properly zoned but not developing. 3. Limited Business use is the moA,.::difficult zone in the City. 4. The Comprehensive D -I uses as a recent designation and should not:::.. .0.:::,C.W.Mercial. Page 18/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 5. There are continui;g access problems onto Diffley and Lexington. McCrea, Wachter, and Egan dta8 in favor; Ellison and Gustafson voted against. Egan moved, Wachter seconded, the motion to refer back to the Advisory Planning Commissign.... ,. ;ulthax_ consideration the Comprehensive Guide Plan A�aeadise t :: uicl:::'kezoning of 1.5 Multiple acres within the Lexington South Blanr¢i] Dev:gl:opment to Limited Business, located north of Diffley Road aa8'alon'g'the west side of Lexington Avenue in the southwest quarter::::of Section 23. Wachter, Ellison and Egan voted in favor; Mccrea.: andst;"tafson voted against. Councilmember McCrea pointed o►t she felt it was a good site for townhomes. PRELIMINARY PLAT/EAGAA WOODS OFFICE PARR II City Planner Jim Sturflt::4ntroduced the matter to the Council and pointed out that a 60 foot`,4-':. oay.,would be required. Be suggested the addition of a proposed conclitioh:;:;atating that the developer was required to provide the City Y7.ith a'iCeco:rdable document regarding the parking. Linda Fisher (attorney] r;eV ewes the staff report and concurred with all of the conditions by the staff and the Advisory Planning Commission. She informed the Council she was available for questions. City Attorney Jim Sheldon requested a correction to proposed condition number 10 in which it should state that any development of the outlot must be reviewed::::iiy; :theO,',A v:i:Sory Planning Commission and approved by the City Council': pri.'oita::ilevelopment. McCrea moved, Gustafson sec0a;ded,::t�e motion to approve a preliminary plat consisting of oi}e lot;:f:or one office building and an outlot for future development on 35.9 Planned Development district acres and a variance for the building setback, located in the southwest corner of Pilot Knob Road and I-494 in the northeast quarter of Section 4, as requested by Trammel Crowe Company for the Eagan Woods Office Park II, subject to the following conditions: 1. These standard conditions of p];'at approval as adopted by Council action on September,..1.5.+..,19.8.7r.:.sh.all be complied with: Al, B1, B2, B3, B41 Cl, C2, C3, Cd:::5+:::hl;:::::a1:::::£1, and Gl. 2. All conditions within the Eagan:::Woods Planned Development shall be adhered to. 3. 209 parking stalls shall be provided. If a shortage does occur, additional parking will be created on adjacent property. Page 19/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 4. All trash shall be::eontained w..thin the building. 5. Rooftop mechanical egjalet:isliall not be visible from I-494 or Pilot Knob Road. 6. The building setback variance shall be approved as per the site plan. 7. Accoustical treatme'4 .:,:t i- ...provided within the building in order to minimize any noise iq#pacts: Xom planes overhead or traffic along I-494 and Pilot Knob Road':''' B. The developer is requi ea;t.o...wi*it detail plans and specifications of the proppSed::::seta-'h''4 wall construction as a part of the site plan review for staff review and approval. 9. The development is required to install street lighting. 10. Any development of the outlot must be reviewed by the Advisory Planning Commissivii;:::d.nd approved by the City Council prior to development. All voted in favor. COMPREHENSIVE GUIDE PLAN...At!IENDIfBHY'/RSSONING/P$BLIlIINARY PLAT/ CONDITIONAL USE T RASMUSSEN COLLEGE SYSTEM City Administrator Tom Hedges briefed the Council regarding the matter and stated that the Advisory Planning Commission recommended approval of all four applications. Bob Nimitz (Rasmussen:::t:epresritat3vE) was present at the meeting and available for questions Councilmember McCrea questio04d if_:there was a sufficient amount of parking stalls. Mr. Nimitz resganded::there was sufficient parking stalls. McCrea requested the demographicS:'of the students and asked if greenery could be added to the lot. Mr. Nimitz stated that they have not had any litter problems and pointed out that there was substantial landscaping in the plans. McCrea questioned if other sites for the College had been examined. The developer stated yes. Councilmember Egan questioned the amount:bf the required parking. City Planner Jim Sturm replied about 16Q:'.'Mayor Ellison asked if the developer had any desire for,..e.spai�si.on,:.:.;The developer commented no, that 300 was the maximum. City Planner Jim Sturm reported to;:Gbe Council that the cross -easement would be required with Oti-lot A because of the lining up of the access with apartments to the west. Be stated there was a need for flexibility. Page 20/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 McCrea moved, Gustaf son:;.4wconde..d *':the motion to approve a Comprehensive Guide Plan amEcf Beieiit:::;cYiahging the land use designation from D -III (Mixed Residential;::'G=:1.:.units per acre) to LB (Limited Business), for the Rasmussen College Campus. All voted in favor. McCrea moved, Wachter seconded, the motion to approve the rezoning of 8.52 9-4 (Multiple;.Re,€idential) acres to an LB (Limited Business) district for the..::k sni isa ii:::CO.1-- ege Campus. All voted in favor. McCrea moved, Wachter secoridp d, t�E:motion to approve a preliminary plat consistin.g,,of; orie.:.l.q.t. a,n one outlot located along the east side of Federalvy'sout3?:::f Washington Drive, in the northeast quarter of Section 16, as requested by Rasmussen College System for the Rasmussen College Campus, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September:::15., 1987, shall be complied with: Al. B1, B2, Cl, C2, C4, Dl, El, 2. The City will require::::a croBs-easement with Outlot A. 3. The mechanical equip)neat: st gal' not be visible from the street. 4. The trash enclosure shall consist of the same material as the building. 5. The ground sign shall meet all Code size and height requirements and all signage:;:::s3#81;6e:;subject to the one time sign fee of $2.50 per square f6dt' : 6. The development is requited to:s:bmit detailed plans and specifications for the proposed Ketaini;-pg wall construction for City staff review and approval as a part of ;tine technical plat review. 7. Slope easements are required from adjacent properties where grading extends beyond the development boundaries. 8. Entrance to the site is require tl.:to be opposite the existing entrance on the west side of Federal DfAve. 9. The development is res # K.: to ovide irrigation for the landscaping. All voted in favor. McCrea moved, Egan seconded the motion to approve a conditional use permit to allow a private scLool in a Limited Business district Page 21/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 located along the east side::::of Federa .::;Drive, south of Washington Drive, in the northeast quakter of Section 16, as requested by Rasmussen College System for:::.'. :;8ZW""Ussen College Campus. All voted in favor. DNR CITIZEN TASK FORCE Councilmember Wachter .'informed the.. Council that Orville McCullough was also intere:tted::u; seaae:::as a member of the task force. Wachter moved, Egan seconde#k the.:.motion to designate Orville McCullough to serve on the DNR.;:tBtk fOL:O to evaluate and develop a long range deer management; p QgraiR;£or the Fort Snelling State Park, Minnesota Valley National Wildlife Re-fuge and adjacent deer concentration areas. All voted in favor. Councilmember McCrea stated she felt a notice should be placed in the newspapers. Councilmember Egan stated the matter should return before the Council in the:f ut,ure. FINAL PLAT%BL'08:?$b66..2ND ADDITION Egan moved, Gustafson sec0nded,:th0: motion to continue indefinitely the Blue Ridge 2h#;.1.i3.3f:ti'oh final plat. All voted in favor. HISTORY COMMITTEE/OLD TOWN HALL/RELOCATION AND RENOVATION Wachter moved, Gustafson seconded, the motion to approve the recommendation of the History Committee as it relates to the relocation and future resto:r%i.tign.:x.Qf:;old town hall building. CLEANUP DAY/MAY.:.fi:, 1989 McCrea moved, Wachter secondeid, the::;motion to designate May 6, 1989, as clean up day in the City bf Eagan. All voted in favor. City Administrator Tom Hedges informed the Council that the builders needed self-contained material containers. DEPARTMENT OF PUBLIC WORKS/NATXR USE RESTRICTIONS Public Works Director Tom Colbert introduced the matter to the Council. He questioned if ti e:........ GW d::be City wide or only City water. He recommended exceptsod and landscaping. Be reported that a City wide ban was easie:r::::to enforce. Egan moved, Wachter seconded, the motion to approve a water use restriction for odd/even days during the months of June, July and August, 1989, excluding private wells. All voted in favor. Page 22/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 066RCIL D15i� lSSION Mayor Ellison requested atf iipd8te regarding the wood pile in Vienna Lane. City Planner Jim Sturm updated the Council. Councilmember McCrea requested an update regarding insurance. City Administrator Tom Hed9e:s:;updated;the matter. :: � > .C@�CRLISTiS: Wachter moved, Gustafson sdconded ;the motion to approve the checklist dated March 31,.,1,.989,:;:: n.. the':: imount of $2,036,954.91 and the checklist dated April::13:0::::1989?jai>>'the amount of $921,574.12. All voted in favor. ADJOURNMENT Upon motion duly made by Egan, seconded by Wachter, the meeting was adjourned at 12:00 a.it4:;All voted in favor. xT:Y OF EAGAN E. J. VanOverbeke, City Cler MINUTES OF A SPECIAL MEETING OF THE CIt:::COf13iLir :April 7, 1989:::':: A special meeting of Ci£*'.i:ouncil was held on Friday, April 7, 1989, at the Eagan Municipal laing. Present were Mayor Ellison, City Councilmembers Egan, Gustafson, lf":::"4,.rea and Wachter. Also present were Director of Public Works Colbert, Director of Community Development Runkle and City Administrator Hedges. PUBLIC WORKS MAINTENAW..E:::Y4CTi iTY>:SPACE NEEDS ANALYSIS City Administrator Hedges Ygported::Ghat monies were budgeted in 1988 to complete a Space Needs Analysis for future facility and land needs to culminate growth within the City's PO4,i'C Work:s:: nd Park Maintenance staff. He introduced Mark Swenson, a consul.taii;: watt}; Cbe;' firm BRW, who was retained to prepare the Space Needs Analys3s:::5:iiQy. '':;MYr::Swenson provided an introduction of the Study, followed by a detailed analysis of space requirements for building type, a set master plan and an office addition. Mr. Swenson spoke to the need for purchasing additional land, stating approximately 5 acres as needed. He further reported that a total capital expense is estimated at $1.9 million. He presented conceptional drawings,.., for the building expansion and a discussion as to how the mechanical and othet:::existing facilities could be retrofitted with the existing building. Concern's,:A4ere:::tkpr-ossed about the projection for new employees relative to population. There':iias:A::desire expressed to purchase the land as soon as possible to examine::::future expansion capabilities by the City. City Councilmember Gustafson sugges:te.d.:;th6C::the'City consider a lease or some other arrangement to secure the pnopeXty:and defer payment. After a number of ''remarks and questions by the City Council, a direction was given to the City Administrator and Director of Public Works to accept the Needs Analysis as prepared by BRW and generally authorizes the first phase of a Feasibility Report to proceed with the phased expansion. PRESENTATIM&EGlkitD190: XTO: OPT -OUT City Administrator Hedges :::gtated:::.#hat the six (6) communities, including Apple Valley, Burnsville, Eag* Prior'.A`Ake, Rosemount and Savage hired the firm of Strgar-Roscoe -Fausch, Inc:;:;:; who :bas now completed a study that considers alternatives for the six (6) communities to opt -out of the MTC bus service. Mr. Peter Fausch and Joe Corin of the firm, Strgar-Roscoe -Fausch, Inc. were introduced and Mr. Corin provided a number of remarks regarding results of the opt -out study. He stated that currently communities in the six (6) Cities pay property taxes in the amount of $2.4 million, when only $1.4 million is required for necessary subsidy. He stated thag:::tlie additional $1 million could be retained and used for expanded bus service':,., thin the six (6) Cities. Mr. Corin did state that the Cities do:;�ot:;ave:;rhe;:boice to have all or any portion of the $1 million returned asic:::CiCed t}':; 4(::further identified needs, such as 1) peak service to downtown, 2j pe.alcservice._to other activity centers, 3) midtown service from downtown and 4) local serv;Ee. Mr. Corin then exjginefj ;pcfik:::::gl force options which provide the following: 1) continue existin rvide:::2}:::gpgnd existing service, 3) revise to trunk/feeder, and 4) addit;i4tiaf local serv;#:ce. He stated that all peak opportunities such as local fined ride or dol'i-ar ride are options the Cities could pursue in future years if:::.they agree tc;::Apt out of the MTC bus service. He further reviewed with the heip,:;df.visual ,16 how park 6 ride sites would be utilized as collection points fo;::(ixh; diaa+tCown bus travel and city transit needs. Mr. Fausch stated that the Cities must consider their opt out choice by July 1 of this calendar. He cautioned the City Council that the first one or two years of service will more...than„likely be..$imilar to the bus service that is provided by the MTC. Mr. FatiSib:::iiYtiAe::::ipd.icated that once the Cities have had an opportunity to organize and deft -i ''their:-: needs inner-city bus service could be developed to meet other transpbifiation:naeds. Mayor Ellison stated that there may be some benefit to Eagan operating it:s:own inner-city bus system and s that should remain as an option aout:Csimmunitj!:;:Development Department further reviews the opt -out alternatives:;::;:;:;;:::'' Upon completing a presentation of various conclusions and recommendations, Mr. Corin stated that all the six (6) Cities would be invited to a joint meeting on May 17, 1989 to further consider the opt -out opportunities. OTHER BUSINESS The City Administrator 'revieiied::the._proposed Board of Review meeting to be scheduled for May 9, stating::that there could be as high as 400 persons similar to the attendance in 198$::; and,..suggested that another location be scheduled to better accommodate tEie::::;Fufjl#t. Members of the City Council expressed their support of pursultij:::�at'location that could better serve each of the residents the May Board :of Review. The City Administrator also updated the City Council on the golf ball incidents that impact properties on Falcon Way adjacent to Carriage Hills Golf Course, the fact the City plans to contract for the farmer to grow soybeans on the 65 acres recently acquired from HUD and reviewed hazardous home removal legislation that would be applicable to the Goins property located at 4010:Mi'c8;:;�=art ADJOURNMENT There being no further busiiieas, tlie:,meeting was adjourned at 9:20 p.m. .... YOaa MINUTES OF A SPECIAL MEETING OF THE B�AQAi1;;Gx�Y:GQuxp�3, ::::lurch 28, :19841::::: A special City Coutielx::;Ppeeting, v'"it''' held on March 28, 1989 in the Eagan Municipal Center building.'::: :gge::freseSnt were Mayor Ellison and City Councilmembers Egan, Gustafson, McCr6b:'::hd'Wachter. Also present were Police Chief Geagan, Fire Chief Southorn, Director of Parks and Recreation Vraa, Director of Finance VanOverbeke, Director of Public Works Colbert, Director of Community Development Runkle, Assistant to the City Administrator Hohenstein, City Attorney Sheldon and City Administratpr.,:H4dges. RIDGEHAVLm:'ADDITIUF Mr. Steve Ramsey appeared';: reque5:Cing final plat approval for Ridgehaven Addition. The City. Admi;rf:kerator::;:.gtated that all agreements and related documents are in order ftJY:CiNy Couq'C:£::::consideration pertaining to the final plat. In a motion by City Councilmember Gustafson, seconded by City Councilmember Wachter, with all members voting in favor, the final plat for Ridgehaven Addition was approved. STRATEGIC PLANNING UPDATE City Administrator':FiiC goals that were identified at the by all members of the City Council emphasis is being placed on greater as the second highest priority. the status of the top six (6) egic planning retreat attended staff. He reported that much s with the residents identified ZONED PROPERTY City Administrator Hedges reviewed the top goal identified at the strategic planning session as the reevaluation of R-4 zoned property to a lesser residential classification. He stated that the Department of Community Development has coordinated ad;of;:b1:R=:3::;6ttd R-4 zoned property and D -III and D -IV comp guided property tifirougfioiiG:::ce::Gty. Kristy Marnin, Planner I, reviewed a map that identifies all multi-family:::zoned and comp guided property that is remaining in the City. Director:d.. Community Development Runkle provided an analysis of certain parcels stating ::Ghat maiiy:ltracks of land have been down zoned as a result of the strong single''£amilj*::market. He also reviewed the history of each parcel to identify special assessment rates, planned development agreements and a review of the present zoning and comprehensive guide plan designation. Mayor Ellison suggested that the staff review each parcel and make a determination as to which R-4 property would::::be best suited as R-1. City Attorney Sheldon spoke to the legal„ p#rameters, suggesting that if the City Council makes a reasonablefitiAi}'gs::lti:::bhange the residential zoning category and if the City contact's 'tire'' TaiiQewrieY' and enlists their cooperation, a down zoning can occur. City Councilmember Egao asked that the staff prepare a set of standards to evaluate each of the parcej$:. Mayor Ellison requested the Department of Community Development to research what the percentage of multiple dwelling units are in other cities suggesting an inventory of density in comparable cities would be helpful for the analysis. Director of Commune-Pvi: jevelup®eitiC;flunkle stated that the analysis should be completed within 90 dgyi. There was:::""" action required on this item. COMFIMITY CENTER UEAATE City Administrator Hed$6e:iTGydetl sn update on the community center project by making a reference to a ti ':'27, 1989 memo in which he identified the most frequent responses as to why the referendum failed. He summarized the comments to be 1) a community center competes with the private sector's health clubs, 2) I would have voted "yes" if the complex would have included an outdoor swimming pool, 3) I would have gotad:Pyv.5."...if•;the. complex did not include an ice facility, 4) I would have voted:::::"ye5':::i::::;tpe, complex had not included a gymnasium, 5) I would have voted "yes" tf :thi' U61lity did not include a swimming complex, 6) the complex was too largeiiiid should be scaled back; however, when asked what should be eliminated, there •Vos generajly no rdsponse, 7) I voted "no" because the debt amortization and.opejtating liiidget were unclear and, finally, the most frequent response was:;:;{j7tct}jigel;ated to the high property tax increases caused by recent school ieferendum'S, expanded county projects and the reapportionment of suburban property tax dollars to greater Minnesota. Director of Parks and Recreation Vraa also provided an update on the community center referendum stating that he has been contacted by several community groups asking for direction on what their alternatives are for various space needs. City Councilmember:Gq ta:fson suggested that the City Council decide on a direction and respond to thel`pub::lsto:::;6bout the community center project. He further commented that regardless: of hoir each. resident voted, the community needs to know what action is intendRd by.,the:::Gity Council relative to a future referendum. City Councilmember %otrea stated that it was obvious to her that a strong no vote is reason to shelve the project for at least a year. City Councilmember Wachter stated that the land and community center concept is a good investment and that the City should wait until the senior high school is operating and then reevaluate the project. City Councilmember Egan stated that possibly the City miscalculated::b.n:::tbe::;C-t:tp's::stzpport for a community center and suggested that the City wait a':pero3:'8:fi:::CiiEe :and address all the issues that were raised by the public. He further:p9mplime ted the plan and architect and agreed with City Councilmember Wachter that the::tity should wait for completion of the high school to determine the impogt that 0e will have on the City's need for certain components of the community''6enter1.'::::Mayor Ellison again expressed his support for the concept of a community center but agreed that the project should be delayed for up to two years. He further stated that the City will continue to grow in population and the need will be greater over the next one to two years. OTHER BUSINESS City Administrator::*""iti4o:: the City Council of various meeting dates and also that Mr."Xiii'TverSorl"iPhd'resides at 1565 Red Cedar Road was the first recipient of the "Cash for Trash'! promotion for the recycling program. There being no approximately 9:40 p.m. Dated meeting was adjourned at City Clerk TLH HAUGE, E//77IyyDE & KELLER, P.A. fillo,neys of Xmv TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 1260 YANKEE DOODLE ROAD EAGAN, MINNESOTA 55123-2201 (612) 456-9000 FAX: (612) 454-4232 March 14, 1989 �Mr. Thomas Hedges City Administrator) Mr. Patrick Geagan Chief of Police Mr. Ken Vraa Director of Parks and Recreation RE: Carriage Hills Golf Course Gentlemen: PAUL H. HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN DEBRA E. SCHMIDT THOMAS P. LOWE I have again turned my attention to the Carriage Hills Golf Course situation. The last action on this was a memorandum by Ken Vraa dated January 12, 1989, discussing the expense and questionable success of constructing a 25 foot high netting along the twelve fairway at Carriage Hills. You will recall that Mr. Vraa estimated the expense to be $8,000 to $13,000.00 to construct this netting fence. Mr. Vraa also questioned whether this fence would meaningful reduce the number of golf balls which would likely cause the property damage or personal injury. I have again reviewed the previous memorandum submitted to you by Mr. James Sheldon and myself, a memorandum by one of our local judges in a case brought by Steven Vogt, and several out of state cases. CONCLUSION Based upon my review, I have the following opinions and recommendations: 1. I continue to believe that there is a substantial likelihood that this case would at least get to a jury. I believe a jury would be offended by the volume of golf balls striking the neighboring landowner's property. Although that I am hopeful that we would be successful, I cannot predict this with any reasonable degree of certainty. 2. This action may serve as a relatively inexpensive way of putting pressure on Carriage Hills to make necessary changes. 3. After reviewing Mr. Vraa's material, I believe that the re- alignment of the twelfth hole fairway may be the only reasonable solution to the problem. W Page 2 March 14, 1989 4. I would recommend, as did Mr. Vraa, the hiring of a consultant who is familiar with trajectory analysis. This individual should be qualified to act as an expert witness on behalf of the City should the City choose to take any action, criminally or civilly, or who may be available to the homeowners in the event that the City chooses to take no action. ANALYSIS to my previous legal memorandum to you dated September 29, 1988, I indicated that there was a legal basis for bringing a prosecution based on permitting a public nuisance. I continue to believe that such an action may be brought. Possible outcomes would be that our action may be dismissed by a judge before trial on the basis that a City cannot prosecute such an action. This would then require the City to appeal in hopes of getting this case tried. Secondly, the trial court could agree that we have the authority to prosecute this case and the case would then go to a jury. Finally, the court could well find that it could not make a preliminary ruling without a factual determination which is the province of the jury. Again, the case would then be tried. I believe that, if we can get before a jury, the jury would be offended by the number of golf balls striking these adjoining properties and may well be willing to convict. Judge Philip Kanning heard a previous case brought by Steven Vogt against Carriage Hills Golf Club and Orion Thompson Homes. The judge found that no cause of action could be brought against Carriage Hills, but sustained a cause of action against Orion Thompson for misrepresentation. I do not believe that this provides all of the landowner's, or even Mr. Vogt, with a complete remedy for this situation. While Judge Kanning performed a thorough review of the issues in his memorandum attached to his decision, I disagree with his conclusion that a golf course has no duty to protect third parties from the actions of its patrons or that when the twelfth hole was constructed, it was not reasonably foreseeable that homes would be built in such a way as to allow golf balls to strike them. As this is a decision of a trial court judge, it may be persuasive, although it is not a legal precedent. Another judge may well decide the case differently under these facts. I have reviewed the case of Curran vs. Green Hills Country Club, a copy of which I am enclosing, where a neighboring property owner was able to get a judgment against the country club after receiving an injury from a golf ball. While this case could easily be distinguished from the Carriage Hills situation because Mr. Curran only used his property at times when he did not believe that golfers would not be on the course, there is a good discussion starting on page 160 where the court holds that a neighboring property owner ,.r 0 - Page 3 March 14, 1989 need not surrender the use of his property during hours when it is possible that golfers may be using the golf course. I have also reviewed the case of Nussbaum vs. Lacopo. In this case, the property owner did not have an action against the country club. This case is easily distinguishable from the Carriage Hills situation because the golf course was constructed in a manner which substantially limited the chance of personal injury or property damage on the plaintiff's property. In fact, the golf ball that struck the plaintiff was the first golf ball believed to have significantly entered onto the plaintiff's property. Cited in Nussbaum, on page 65, is an Ohio case of Patten vs. Westwood Country Club Co. I do not have a copy of this opinion, however, it is discussed in some detail in Nussbaum. It appears that this would be the strongest case against either a property owner or a city having a cause of action to prevent the continued use of the golf course to allow golf balls to repeatedly strike neighboring properties. There is an obvious split between the states as to whether this action would be allowed. There are no precedence in Minnesota as of yet. In our discussions with Carriage Hills Golf Course representatives, it has been clear that they expect the cost of any resolution to be split between themselves, the City, and the neighboring property owners. The proposal of a netting barrier seems to be extremely expensive with an uncertain chance of success. I believe that we need to engage a consultant which will be able to advise the City and the neighboring landowners as to the likelihood that any solution will be cost effective. In addition, it will be essential in any legal proceeding to show that there are reasonable alternatives which shall protect the neighboring landowner's property. In conclusion, I believe that the retaining of such a consultant is the next step which must be accomplished. I would be happy to work with Mr. Vraa in trying to locate such a consultant. If counsel authority is necessary to hire such a consultant, I believe that we should proceed in making such a request. KWE:cm cc: James Sheldon Very truly yours, HAOGELPI DE--& KELLER, P.A. Sevin W. Eide MINUTES OF A SPECIAL MEETING OF THE �rcc�ir:Coti.dyz April 7, 1989:::: A special meeting of't e::Eagan.Cftiy::Council was held on Friday, April 7, 1989, at the Eagan Municipal CmiikeY::>Stiad.ing. Present were Mayor Ellison, City Councilmembers Egan, Gustafson, McCrea and Wachter. Also present were Director of Public Works Colbert, Director of Community Development Runkle and City Administrator Hedges. l�1l�M44111t 114kW 700"CIFU7dA7,%tA4Yd8F17.Ld41;1a 4T3I�OIlh'f,-ICy City Administrator Hedges FgportedtLYiat monies were budgeted in 1988 to complete a Space Needs Analysis ,for future facility and land needs to culminate growth within the City's Public Worke:; nd Park Maintenance staff. He introduced Mark Swenson, a consult.t::w:iL}y:;:Rtie:, firm BRW, who was retained to prepare the Space Needs Analysis .6tu3y. ::::Mi.: --:::'Swenson provided an introduction of the Study, followed by a detailed analysis of space requirements for building type, a set master plan and an office addition. Mr. Swenson spoke to the need for purchasing additional land, stating approximately 5 acres as needed. He further reported that a total capital expense is estimated at $1.9 million. He presented conceptional drawings,,, for the building expansion and a discussion as to how the mechanical and otheF.':ekis.ting facilities could be retrofitted with the existing building. Concerris'::v"ese:::iaxpxessed about the projection for new employees relative to population. The'rii vas:S::desire expressed to purchase the land as soon as possible to examine;.future epaMion capabilities by the City. City Councilmember Gustafson sugges:ted.: thgC:t#City consider a lease or some other arrangement to secure the.pro ®t 3t':'and defer payment. After a number of'''remarks and questions by the City Council, a direction was given to the City Administrator and Director of Public Works to accept the Needs Analysis as prepared by BRW and generally authorizes the first phase of a Feasibility Report to proceed with the phased expansion. PRESENTATIOit:: &EC111tDI 14.:.MT,0.. OFT -OUT City Administrator Hedges::::stated:*#gat the six (6) communities, including Apple Valley, Burnsville, EagPrior.Aake, Rosemount and Savage hired the firm of Strgar-Roscoe -Fausch, Inc;;:;.: who :bias now completed a study that considers alternatives for the six (6) communities to opt -out of the MTC bus service. Mr. Peter Fausch and Joe Corin of the firm, Strgar-Roscoe -Fausch, Inc. were introduced and Mr. Corin provided a number of remarks regarding results of the opt -out study. He stated that currently communities in the six (6) Cities pay property taxes in the amount of $2.4 million, when only $1.4 million is required for necessary subsidy. He stated that:::the additional $1 million could be retained and used for expanded bus service':w:tthin the six (6) Cities. Mr. Corin did state that the Cities dq..:itot::have:;the:.cb9ice to have all or any portion of the $1 million returned as a:tail':::i7�Cad#G:::::::4ie;:further identified needs, such as 1) peak service to downtown, 2)" a.ak service..to other activity centers, 3) midtown service from downtown and 4) local sesv):Ee. Mr. Corin then exp]giiiedk:;:aexuice options which provide the following: 1) continue existing service, 3) revise to trunk/feeder, and 4) additlOfiii 'local sere ce. He stated that all peak opportunities such as local fixed ride or doftar ride are options the Cities could pursue in future years it::::they agree ta::;4pt out of the MTC bus service. He further reviewed with the he1p:::bf,visual .�.I" how park 6 ride sites would be utilized as collection pointe fo :: iS k::: '"POwn bus travel and city transit needs. Mr. Fausch stated that the Cities must consider their opt out choice by July 1 of this calendar. He cautioned the City Council that the first one or two years of service will more...than„likely be.,similar to the bus service that is provided by the HTC. Nr. FailSCl......YCbe. ;::iud: sated that once the Cities have had an opportunity to organize an........ deftneEhe x:::needs, inner-city bus service could be developed to meet other transportation heeds. Mayor Ellison stated that there may be some benefit to Eagan oPeeating it;s:own inher-city bus system and that should remain as an option as_our;.::Csmmunl:ty:bevelopment Department further reviews the opt -out alternatives , Upon completing a presentation of various conclusions and recommendations, Mr. Corin stated that all the six (6) Cities would be invited to a joint meeting on May 17, 1989 to further consider the opt -out opportunities. OTHER BUSINESS The City Administrator reoi'eiiid::the._proposed Board of Review meeting to be scheduled for May 9, stating that there ',could be as high as 400 persons similar to the attendance in 198k:':and,...sugges;ted that another location be scheduled to better accommodate tlia::::;bub:lit':' Members of the City Council expressed their support of purs.,Apg.::thiit location that could better serve each of the residents the May Board:of'.iview. The City Administrator also updated the City Council on the golf ball incidents that impact properties on Falcon Way adjacent to Carriage Hills Golf Course, the 'fact the City plans to contract for the farmer to grow soybeans on the 65 acres recently acquired from HUD and reviewed hazardous home removal legislation that would be applicable to the Goins property located at 4010:M9e:::irefi; ADJOURNMENT :. There being no further business, tbe::meeting was adjourned at 9:20 p.m. Dated City Clerk TLH i MINUTES OF A SPECIAL MEETING OF THE F�OA�1>GxS?t:::CQ�NC... ...,.-)larch 28, :1984::':: A special City Cou;Q- :•: ppeetingX0$5 held on March 28, 1989 in the Eagan Municipal Center building':.,.,..-,...... :lEt:: piCesent were Mayor Ellison and City Councilmembers Egan, Gustafson, Mc' rea:ghd'Wachter. Also present were Police Chief Geagan, Fire Chief Southorn, Director of Parks and Recreation Vraa, Director of Finance VanOverbeke, Director of Public Works Colbert, Director of Community Development Runkle, Assistant to the City Administrator Hohenstein, City Attorney Sheldon and City AdminstratRX..Hedges. RIDGEHA�ADDITZOP Mr. Steve Ramsey appeared:: requesting final plat approval for Ridgehaven Addition. The City. Adm itii:s�rator.:stated that all agreements and related documents are in order Ot;GiGyuF1C:i:1:'consideration pertaining to the final plat. In a motion by City Councilmember Gustafson, seconded by City Councilmember Wachter, with all members voting in favor, the final plat for Ridgehaven Addition was approved. STRATEGIC PLANNING UPDATE City Administrator:'4E04 goals that were identified at the by all members of the City Council emphasis is being placed on greater as the second highest priority. . the status of the top six (6) egic planning retreat attended t staff. He reported that much s with the residents identified 4 ZONED PROPERTY City Administrator Hedges reviewed the top goal identified at the strategic planning session as the reevaluation of R-4 zoned property to a lesser residential classification. He stated that the Department of Community Development has coordinated a study,:.0f:::17i:,R4'3:::Atkd R-4 zoned property and D -III and D -IV comp guided property tlaroiigEioiiG:::tkR::t ty. Kristy Marnin, Planner I, reviewed a map that identifies all multi-.family:;Zoned and comp guided property that is remaining in the City. Director:... Commuaty Development Runkle provided an analysis of certain parcels stating hat mariy:;.tracks of land have been down zoned as a result of the strong single"family.:::'Oarket. He also reviewed the history of each parcel to identify special assessment rates, planned development agreements and a review of the present zoning and comprehensive guide plan designation. Mayor Ellison suggested that the stAff review each parcel and make a determination as to which R-4 property woultl::::be best suited as R-1. City Attorney Sheldon spoke to the legal,..pArameters, suggesting that if the City Council makes a reasonable aet::;O::::fitiGi9txgs::.Gd;;:Change the residential zoning category and if the City contact's 'tife''i'sriEitwiieY''&nd enlists their cooperation, a down zoning can occur. City Councilmember Egan asked that the staff prepare a set of standards to evaluate each of the parcg.;$:. Mayor Ellison requested the Department of Community Development to researchiihat the percentage of multiple dwelling units are in other cities suggesting an inventory of density in comparable cities would be helpful for the analysis. ... Director of Communj-'q.: evelup®ei£$ iunkle stated that the analysis should be completed within 90 dgys: There was:::%W action required on this item. COlDlfRiITY CENTER UPRATE City Administrator Heilg¢s ji'LOYdeI''an update on the community center project by making a reference to a fp'liiiiaty'27, 1989 memo in which he identified the most frequent responses as to why the referendum failed. He summarized the comments to be 1) a community center competes with the private sector's health clubs, 2) I would have voted "yes" if the complex would have included an outdoor swimming pool, 3) I would have vo.teal.."y2.s;"..if.:the. complex did not include an ice facility, 4) I would have voted ^;.*eS^;:i:f::;::e; complex had not included a gymnasium, 5) I would have voted "yes" t,:t,hifac:Slity did not include a swimming complex, 6) the complex was too large'aiid shouT'd be scaled back; however, when asked what should be eliminated, there was generaj;ly no response, 7) I voted "no" because the debt amortization and.opefiaCing,budget were unclear and, finally, the most frequent response was;:;_{�ectl'y:;re$:ated to the high property tax increases caused by recent schoa'l referendum's'; expanded county projects and the reapportionment of suburban property tax dollars to greater Minnesota. Director of Parks and Recreation Vraa also provided an update on the community center referendum stating that he has been contacted by several community groups asking for direction on what their alternatives are for various space needs. City Councilmember:i�kisG'afson suggested that the City Council decide on a direction and respond to the ptati:Y:ic;;baut the community center project. He further commented that regardless: -of h6V;E'Ach.resident voted, the community needs to know what action is intendBd by, the:;U [3r Council relative to a future referendum. City Councilmember McCrea stated that it was obvious to her that a strong no vote is reason to shelve the project for at least a year. City Councilmember Wachter stated that the land and community center concept is a good investment and that the City should wait until the senior high school is operating and then reevaluate the project. City Councilmember Egan stated that possibly the City miscalculated::i6r5::the:Qt:tCy::';s;:si;pport for a community center and suggested that the City wait a'::psrlu3::ti::;Citae::and address all the issues that were raised by the public. He further:epmplimented the plan and architect and agreed with City Councilmember Wachter fhAt the:::C:ity should wait for completion of the high school to determine the imp$C:t thatttfe will have on the City's need for certain components of the community:'Center:.:.:::Mayor Ellison again expressed his support for the concept of a community center but agreed that the project should be delayed for up to two years. He further stated that the City will continue to grow in population and the need will be greater over the next one to two years. OTHER BUSINESS:::::::: CityAdministrator::S :e�tdei#::: the City Council of various meeting dates and also that Mr.`k.0-.v''3v:##edgersori'';A'o''resides at 1565 Red Cedar Road was the first recipient of the "Cash for Trash" promotion for the recycling program. There being no approximately 9:40 p.m. Dated funkier business ''::::the meeting vas adjourned at TLH City Clerk A regular meeting of the Eagan City Council was held on Tuesday, April 18, 1989, at 6:30 p...#' :tlie:fgagop Municipal Center. Present were Mayor Ellison and Couft'C' ei9tiets"W :: hter, Egan, Gustafson and McCrea. Also present were City Ati{[iinist:ator Tom Hedges, Public Works Director Tom Colbert, Community,Pevelopment Director Dale Runkle, City Planner Jim Sturm and City::;F;:ttorn.ey:: James Sheldon. F-TT�;[ Councilmember Wachter requested the addition to the agenda under Department Head Business regarding the oak tree located on the Target property. Wachter moved, GustafsQn:::rqeconded, the motion to approve the agenda as amended. All voteE'in';$dV:9F.�;, April 4. 1989 Councilmem3e�:Egan requested a spelling correction to John Eckblad's name on ;Mage '6, paragraph 1. Wachter moved, Egan seconded, the motion to approve the minutes for the April 4, 1989, regular Council meeting as amended. Ellison, Wachter, Egan and Gustafson voted in favor; McCrea abstained. PUBLIC WORKS DEPARTMENT/1t01'ECxNO. 14 - THOMAS LAKE PARK RESOLUTION SUPP6ATING::$ITE LOCATION City Administrator Tom Bedg6.s explaGned the necessity of the resolution to the Council. Councilmembe' Egan questioned if the property owners had been notified. Public Works Director Tom Colbert stated that all property owners within 350 feet were notified of the neighborhood meeting. Egan moved, Gustafson seconded, tti:Emotion to approve a resolution supporting the site locatiod::of Project 562A (Well No. 14 - Thomas Lake Park) . All vote l: :R::, vpr ::: PUBLIC WORKS DEPARTMENT/GOPHER,,.BAGAN INDUSTRIAL PARK GRADING PERMIT/ESTENDED:::X-OURS AND DAYS City Administrator Tom Hedges informed the Council the contractor was requesting that the hours and days of operation Page 2/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 ... allowed by the ordinance be:.,extended to -allow the work to be performed 24 hours a dayaa�::.occasion-41y on a Sunday. The applicant was available at the meetiifg:;:;o:r:.;queSt:ions. Councilmember Wachter questioned what would happen with the stockpile. Bob Rudy (Shafer Contracting) replied that the material would be returned to the original hole. Egan moved, Gustaf son;::aE q:E i9 tFii, motion to approve a variance to City Code 4.30 for grad£ng `pe ik '. 'EK 13-088, Gopher Eagan Industrial Park, allowing extent* -b hour:a:of operation for a 24 hour schedule and Sundays as weather,..dictate.s, All voted in favor. ;:TTQAR:!PilEE Councilmember Wachter reported that the History Committee requested the Council reconsider the matter. City Administrator Tom Hedges updated the Council on the background of the matter. He stated that MnDOT recommended that the tree not be removed. Councilmember Egan see:f'ed:::.that Mn DOT did not have to approve the removal of the tree andthat a;rget.....Could negotiate with MnDOT. Councilmember McCrea commented. she w.o:uld like the motion to be reconsidered. Mayor Ellison wos in Agreeinent and stated he felt the motion should be rescinded. Egan moved, McCrea sectrnaed, the motion to rescind the April 4, 1989, motion regarding removal of the oak tree on MnDOT right-of-way adjacent to the Target store. All voted in favor. Egan moved, McCrea seconded, the motion to refer the Target oak tree matter to MnDOT with ,no...recgzmp Fc. tion. All voted in favor. GOIHS'FIR$ City Administrator Tom Hedgees intrtzduced the matter. He recommended designating the area:;:a;s hazardous. Councilmember McCrea questioned if the interested parties had been notified. Building Inspector Doug Reid replied yes and commented that the fire had occurred in December, 1988. He further stated that there are other homes that are also in ...bad shape. McCrea supported the recommendation and requested staff:::V:eview the St. Paul ordinance. McCrea moved, Wachter;:0e,canop.:a;:.::,the::motion to order repairs or the removal of the Goin s'rripat:tij:::d; :4#10 Mica Trail due to the June 6, 1988, fire. All voted in favor. Councilmember Egan requested staff:nraft a supplement to City Code in regards to homes which are not up to Code. Page 3/EAGAN CITY COUNCIL April 18, 1989 MEETING MINUTES <CO CALS Councilmember Wachter informed the Council of concerns regarding lawn chemicals and stated residents should be cautioned regarding the hazard. He stated he felt the City should acquire more information regarding the matter. PARK Councilmember McCrea sta were well presented by Ken Vr the Parks Department costs preciated his effort. Councilmember Wachter requested another access to the compost site to improve the circulation. CONSENT AGENDA City Administrator Tom''Htedges::requested that Item C (Proclamation, City of Eagan Arbol:;::D ji:) be pulled from the consent agenda to allow the matter to::::be dis,c,U:ssed. E�VRET03-0 n- 1. Land Development/Design Engineer. Councilmember Wachter questioned if the City needed a new design engineer. Public Works Director Tom Colbert replied yes, that the City presently has a full-time consultant. He stated the plans would be reviewed and requested the matter be conti.nsled:. fo,r.:tw.o weeks to determine the final candidate. It was recommended to contiriue to :the May 2, 1989, City Council meeting the hiring of a candidate;:::&s land development/design engineer for the City of Eagan. 2. Accountant I. City Administrator Tom Hedges informed the Council the candidate was Sue Sheridan. It was recommended to approve the hiring of Sue Sheridan as Accountant I for the City of Eagan, subj:jct to the successful completion of the City's physical examihation requirement. 3.a. Seasonal Utility::A IltieriaiiC¢:>$larker. The Council was informed that Bruce Koopneiners was hired as a seasonal utility maintenance worker. No Council actionwis:required. 3.b. Seasonal Utility Maintenance Worker. It was recommended to approve the hiring of Jeffrey Horsman as a seasonal utility maintenance worker. Page 4/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 4. Seasonal Park WorKor;;:;,It was:::Febommended to approve the hiring of the ten seasonal patit::::ilo-atnance workers as presented, the two seasonal park attendants as''p=esented, the three seasonal ball field attendants as presented and the two seasonal forestry technicians as presented for the Park and Recreation Department. 5. Administrative Inte.rAr;:::S.t.;wd;s::::{.�:commended to accept the resignation of Daniel Mund a.:. ::AgiAX-#trative intern. B. Plumbers Licenses. It was recommended to:,;aPPsateth:.:three plumbing licenses as presented. �JTST4W TV This item to be discussed at the end of the consent agenda. D. It was recommended to receive tbe... petition for Project 566 (Coventry Pass - Trunk Utiliti:�s),..an4r:4iithorize the preparation of a feasibility report and detal::pfis and specifications. Contract ont a 89-06 , -06. R -cd ve Bids/Award Contract (Cliff Road - Booster Pump). Councilmember Wachter asked for an explanation of the difference between the estimate and the final bid. Bob Rosene stated that all equipment had been furnisho'4-::;by It was recommended to receive:the:bids for Contract 89-06 (Cliff Road - Booster Pump) and award tlie: contt0ct to NW Mechanical as the lowest responsible bidder, and aiithorize:;the Mayor and City Clerk to execute all related documents. "' Councilmember Egan commented tbat:the bids in this matter were also below the estimates. It was recommended to'::;tceQe:::Ye::}ids for Contract 88-28 (Fire Station No. 1 - Parking Lot 'Tiuproveineiitgj and award the contract to Munn Blacktop, Inc. as the lowest respo.hzible bidder, and authorize the Mayor and City Clerk to execute all:::selated documents. Page 5/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 It was recommended to rece''i'v"e'" -the bids Pond - Streets and Utilities) and award the Excavating Company, Inc., and authorize the execute all related documents. for Contract 88-34 (Alden contract to Fredrickson Mayor and City Clerk to It was recommended to receive tb6:::f:inal assessment roll for Project 544 (Mallard Park ...: s) and schedule a public .... ..... bearing to be held on May . It was recommended to.....receive the final assessment roll for Project 523 (Stoney Point d..Blackhawk Ponds - Trunk Water Main) and order the final asses=t:::Jo.:bearing to be held on May 15, 1989. It was Project 515 held on May K. recommended (Dodd Road - 151 1989. tdreceivethe final assessment roll for Overlay) and order the public hearing to be It was recommended to receiV69.,:thelinal. assessment roll for Project 530 (Kindercare - Water M%il in) a.h.4 schedule the final : assessment hearing to be held on::.Xa y 15:j:::;1989. ... LqW1V-T-7W—VK;W 4 Wo" =I ";F" 1r. It was recommended to approve the final plat for Alden Ponds Addition and authorize the Mayor and City. Clerk to execute all related documents. M. Project 564s-Receive-Detiti.oli/Authorize Feasibility [tenor It was recommended to receive the::... tition for Project 564 (Rahncliff 2nd Addition - Streets and Water Main) and authorize the preparation of a feasibility report along with detailed plans and specifications. Page 6/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 N. It was recommended to adthdilii the feasibility report for Project 548 (Cliff Road Water Treatment Plant) and to authorize the solicitation for requests for proposals from professional consulting engineering firms for design services. 0. It was recommended Ridge 2nd Addition and all related documents. P. L= Reservoir). to ap author 1 plat for the Blackhawk and City Clerk to execute Councilmember Wachter requested clarification in regard to the matter. Public Works Director Tom Colbert stated that only a change order was before the Coundll:.... It was recommended to apptbve:�:.;Change Order No. ly Contract 88-24 (Lexington Avenue Reservoir) and au-th'o'rize the Mayor and City Clerk to execute all related docume.:t Q. It was recommended to receive the feasibility report for Project 562 (Well No. 14) and authorize the continuation of the project process. R. Proiect 563, Rece No JJU. It was recommended to receive. tbe.:.feasibility report for Project 563 (Well No. 15) and authorize cott4nuation of the project process. Councilmember Wachter asked if there would be any additional charges. Public Works Director Tom Colberit replied yes there would be additional charges for blasting and bail -Ing. It was recommended Order No. If Contract 88-31, (Well No. 12 authorize the Mayor and City Clerk to execute all related docume)its. Page 7/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 It was recommended to appi Contract 87-14 (Country Hollow Equipment) to Smith & Loveless, perpetual City maintenance and ove the second and final payment - Sanitary Sewer Lift Station Inc, and accept the facilities operation. for for It was recommended to autho -ze the seventh and final payment for Contract 87-12 (Lexingta:n:>Sgu&se:St}i Addition - Streets and Utilities) to Richard Rnut:Sot;' Inc;:;:siii3 authorize the acceptance of the improvements for perpetual City maintenance. •g�- c... It was recommended to....authorize the ninth and final payment for Contract 87-17 (Blackhawk 164-d,- Streets) to Preferred Paving, Inc. and authorize the acceptance df:;:;;t1e::;.iTnprovements for perpetual City maintenance. It was for Contract Utilities) t improvements recommended to authorize the seventh and final payment 87-41 (St. Francis Woods 6th Addition - Streets and o F. M. Frattalone and authorize the acceptance of the for perpetual City maintenance. X. Contract 88-19, Fin l:::pwinii t AbCentance (Well No. 5 - Councilmember Wachter questibhed if:the water needed to be tested after the repair. Public B!uiks Ll:iector Tom Colbert stated that the water had been tested after the:repair. It was recommended to authorize the second and final payment for Contract 88-19 (Well No. 5 - Removal and Repair) to Mark Traut Wells, Inc. and authorize the acceptance of the..: improvements for perpetual City maintenance. It was recommended to receive the:Pietition for Project 567 (Effress Addition - Storm Sewer) and authorize the preparation of a feasibility report. Page 8/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 ..... ..... ..... ..... C. Proclamation. City--'.bf Eagan Arbbr pay. Parks and Recreation Vraa introduced the item. He recognized Mr. Iverson. Eric Iverson, President of First Bank Eagan, presented sweatshirts to the Councilmembers. He elaborated on the park programs and stated that posters wo.uld::-be..-di4stz-i.buted. Mayor Ellison thanked First Bank Eagan and Mr. .... ......... It was recommended to apprdVe the":'ri"Lasolution entitled 'Eagan Arbor Festivities* proclaiming $*turdajrr.:: April 29, 1989, as Arbor Day. Gustafson moved, McCrea seconded, the motion to approve the foregoing consent agenda items as presented, and authorize their implementation. All voted in favor. PROJECT 487Rr FINAL ASSESSMENT BOLL (BRAUN COURT - STREETS AND UTILITIES) .......... City Administrator Tom He'dqes':::p"r' :cv.ided background information for the Council. Public Works:':'::Direc , t . or Tom Colbert explained the assessment calculations and djscuss-0-4::,t:he meetings with the neighbors and their objections. Be sta ' t - a ' — tr,e were three areas of overrun - ' 1. storm sewer addition design change; 2. poor subgrade materials; and 3. overhead.:'He presented an alternate assessment roll. Be stated the final costs would be reduced by $10,000.00 and that the overrun would now be at $9FD00.00 with the reduction. He informed the Council there were still two objecting owners. He stated that if the alternative assessment were challenged, he would prefer defending assessment versiA'- 440 bi' "' - Councilmember Wachter commented that the street was settling and asked if repairs would be made. llti Col)b.*rt stated yes and outlined the corrections. Henry Braun objected to the assessments and stated he felt the job was poorly done. He stated he felt there were engineering problems and that no extra grading had been done on the road. He informed the Council be was available for questions. Public Works Director Tom Colbert" estioned the calculations. .0 Mr. Braun reiterated his opject4ons .... ...... Councilmember McCrea 4iveiflbh6d "If the City received what it paid for. Jerry Bourdon responded that':the :the contract was awarded to the lowest bidder. He felt the costs we�'re' comparable and fair and stated that they do measure quantity. there was much discussion regarding the project by Mr. Braun. Page 9/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 Councilmember Wachter':2►ad concerri:s:::regarding the blacktop. Mr. Bourdon responded regarding:q s.,.conc�rd:5. Councilmember Egan questioned what percent was "16.istz:tsr:':is�litting off. Mr. Bourdon replied about 28. Councilmembe't:W •Chier questioned if there would be any problems with dangers. Mr. Bourdon replied no. Councilmember McCrea asked if the contractor was still the lowest bidder with the cost overruns. Mr. Colbert replied yes. Leonard Walz commented::::tEYat::t� e::a4ieement was legally binding. He felt the cement was too expensive. HO::further commented that the depression in the tar was dangerous and"he had concerns regarding other construction problems. Wayne Cordes commente7::te>thoujA? .:the contract limited the costs. He remarked that nobody explained the overrun possibility and felt that the overhead should be reduced further. Mayor Ellison asked if the work had been done well and if the changes would be made without cost. Mr. Colbert replied that the corrections would be made 4t:::no cost. Councilmember Egan stressed that he was unhappy with ttie::: ocedures and the mistakes. He felt the project should not have been He pointed out that the City pliE had made a very reasonable evil-uatio'h',of. ::; the cost distribution. He felt that all of the taxpayers?::shoul;d: tltir be made to assume all of the costs. Councilmember Wachter:einphasized that the road was in bad shape and he commented he understood the neighbors' concerns. Public Works Director Tom Colbert reported that $1,500.00 of the $10,000.00 was from the engineering firm. Mayor Ellison questidried i:f fli, .:: i�ricil should recommend Assessment No. 1 or Assessment No::2. City Attorney James Sheldon informed the Council that their de:termii##tion should not be made under threat of legal action button the::basis of benefit only. Mr. Colbert explained the rationale and also:::the options. Egan moved, Gustafson seconded, the motion to close the public hearing and reduce by $10,000.00 the final assessment roll for Project 487R (Braun Court - Streets and Utilities) and authorize its certification to the County for collect��n. Ellison, Wachter, Gustafson and Egan voted in favor; McCr:ea.voted against. Mayor Ellison stated fie:::p>!fer#:::tie original assessment roll without modification. Councilmember Egan commented that the City should assume their portion of the costs and felt that the het result of the original assessment roll would be detrimental. Page 10/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 Ellison moved, McCrea'.:�s8econded, cue motion to amend the previous motion to approve the finale:$:sssrnt€is roll as presented for Project 487R (Braun Court - Streets aa:;ti:3ties) and authorize its certification to the County for collection. McCrea and Ellison voted in favor; Wachter, Gustafson and Egan voted against. VACATE PUBLIC ACCESS EASEMENTS OUTLOT A:::.::EAie:ii#?OD$::OFFICE PARK .........., .,,...... City Administrator Tom Bedge:s rev:.gWed the matter for the Council. Wachter moved, Gustaf;so:n;:seeGnde:tl;:the motion to close the public hearing and approve the vac8:ori of a public access easement within Outlot A of Eagan Woods Office Park. All voted in favor. SPECIAL ASSESSMENTS/METRAM PROPERTIES/SILVER BELL CENTER City Administrator Tom_Bedges presented the background information to the Council::+Agdding the matter. Dale Ahlquist (representd financial obligation condition condition was previously made;: a mistake from the 1970 pr:o.j:eE unfair. He commented that:the the storm sewer. He commented was opposed to the assessment. Ve'':f:ar applicant) objected to the He stated that no mention of the e:::;fpri)iei stated he understood it was and 'he felt the assessment was plicant would receive no benefit from at he was confused and the applicant City Administrator Tom Hedges explained the assessment policy and commented that staff was ... c.ur.Kegtly. reviewing the policy. Councilmember Egan reported; -t at"the report did not indicate if procedural safeguards were follow¢.]. Public Works Director Tom Colbert replied that either the Assessment was not at the correct rate or the size was under-estimdtied. He::f urther explained the procedure. McCrea moved, Egan seconded, the motion to deny an additional condition to the Metram Properties Company motor fuel sales conditional use permit requiring a financial obligation of $10,611.00 for storm sewer trunk, which had previauSly been assessed incorrectly. All voted in favor. Councilmember Gustafsai:;XeuE:a::t#iiat the City should not collect as a condition. Mayor Ellison commented he felt staff should be more judicious. Egan moved, Wachter seconde'dr—the motion to continue the matter until later in the meeting. All voted in favor. DANIEL DRIVE AND LEXINGTON POINTE PARKWAY RECONSIDER::ALIGHRENT.-OF TRAILWAY City Administrator Tom Hed9o.:0 intk.b.duced the matter. David Ashton (representativ.i:':for the neighborhood) gave a brief history of the area. He stated-:,:th6:t tb'e::bike trail intersected driveways and be bad safet�:::'Oo-iider:ii-s::Bt further commented that the neighborhood had changed and pointed .. out that across the street there were no driveways. Councilmember Gustafson questioned if the alternative was to place the bikes on the street. Councilmember McCrea questioned the ownership of the land to th.6--north. Public Works Director Tom Colbert stated it was HUD proper ty"446:::Iwib--uld be sold. Mr. Colbert pointed out the area to the Council. McCre'a'g ared:::Gustafsonls concerns and commented she did not want the':'bikes ...in....t.he streets. She questioned if the trail could be located :�:.Qn tb*�:.,other side of the street. Mr. ':' Colbert replied there were t"444ways on the other side but that the front yards would give.466to"benefit. Councilmember Egan questioned if there were any engineering problems with the other side of the street. Mr. Colbert stated he did not believe so but he would check into the matter. Councilmember Wachter annou concerns even if the street. Councilmember Gustafson issue and asked if the neighbors Mr. Ashton stated be felt it was Mayor Ellison asked for a stili Ashton stated there would be three street. d he would still have safety 6:&.t-Q":.:the other side of the i t ti, t tiid if safety was the only d co$$Verns regarding aesthetics. fact:'or but not a primary one. of.h&nds of the neighbors. Mr. 'no's" on the other side of the Councilmember Gustafson requested the staff review the matter and suggested looking into moving the t*�4.41 to the other side of the street for aesthetic and safety reasons..... Gustafson moved, McCrOd'...46 - . g..th ...e motion to continue to the l May 15, 1989, City Council"Meet' hg the ignment to the trailway along Lexington Pointe Parkway and Dani -01: Drive, to allow staff to further review the matter. All voted in'::::f:avor. Councilmember Egan questioned if in rezoning there had been a change of criteria for trails. City Planner Jim Sturm replied no. Page 12/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 ........... .... ..... ..... Egan questioned who Would::&y the cost:sc City Administrator Tom Hedges stated that the deve1::'O.pe.r would-:::probably pay the costs. Mayor Ellison pointed out thatplan should be interconnected and further cob .. ei'ifttwd- that the plan was in effect before the homes were built. Councilmember McCrea requested that the Park and Recreation Department examine the placement of the trailways. DECLARE SURPLUA::': 9TVSZT AUCTION DATE ....... :. .0000 .......... City Administrator Tom Hedyiks introduced the matter and distributed a list of additional::-:surpl:u-.s:property to the Council. Wachter moved, Egan gmo t ion to approve the ikw,''066�i declaration of certain City 'property' and police evidence as surplus and authorized the sale and auction on June 3# 1989; with the exception of those items that will be sold through a published ad in the League of Minnesota Cities magazine. Wachter, Gustafson, Ellison and Egan voted in favor; McCrea was absent. "a City Planner Jim Sturm Council. Denise Warfield was FROST YARD SETBACK ri - 2'dd.the application for the lau. :'f'or questions. Councilmember Egan sta.t'64hisaw no justification for the variance as the garage WoUd''be ten feet in front and that the house could fit on the lot. Mayor Ellison commented that there was a need for a hardship to approve a variance. Councilmember Gustafson asked why the adjoining lot had received a variance. City Planner Jim Sturm responded it was because of the slopes. Egan moved, McCrea secon:de' T::::thd:::t6:tion to deny the ten foot variance to the 30 foot front yard setback to allow the construction of a home and attached garage iri:.':�ot 4i:::::]Block 2, LeMay Lake Bills Addition as applied for by Bobby::::.#'nd De'.b'ise Warfield. All voted in favor. .... PRELIMINARY PLAT/KINGSWOOD 3RD ADDITION City Administrator Tom Hedges updated the Council regarding the matter and stated that the Advisory Plo.jNning Commission recommended approval of the preliminary plat and t4 ' ii':,variance. City Planner Jim Sturm recommended eliminatio ibility of the outlots becoming tax forfeitures. Rolly Crawford (attorney for deve..l.:aPer) explained the development to the Council and stated'tbkt the variance was for the cul-de-sac because of the ponding area., -Be agreed to all APC conditions. He pointed out that only two issues remained - 1. treatment of the Bank Brewstel (adjoining landowner) assessment; and Page 13/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 2. the outlot problem. In"-"'ards to number 1., Mr. Crawford stated Pg that he felt the cost of thi..road shod -4 be distributed to the benefited property, howevM ;ibrne would assume the cost of the entire roadway with a covetiaiit::�3e:riying access unless Mr. Horne was reimbursed. In regards to n=i' i"' r 2., Mr. Crawford stated that all outlots should be put into the Homeowners' Association control. He pointed out that there would be minimal or no maintenance needed. He informed the Council he was available for their questions. Councilmember Wachter :h az7 giieGtfbYj:g: the northern lots. Mayor Ellison:;t4uestiq! Works Director Tom Colbert state.4,that„th before the development could pr.O�ed. City would not be liable Jim Sheldon stated that ttie::a:greeme:iit:::ssho Mr. Crawford mentioned that the developer without covenants. regarding the location of ed the past practice. Public e roadway must be available Crawford commented that the sn't granted. City Attorney uld not involve the City. did not want to pay 1008 Bank Brewstel reported that he had no problem with the covenant agreement. He had concerns.,regarding the retaining wall. He felt it was a good plan but requeii4'�i::;:a. safety rail. Councilmember Egan questione6:1!i0:City's position on the road connection. Mr. Colbert stated:it was totally a local street. Mayor Ellison had con ce.r;ris::aa'ri]ing the outlots. Mr. Crawford again recommended control:e'Bomeowners' Association. He observed that even if the land was forfeited, it would not be a major liability for the City. He commented that to attach the outlot to a single lot would make it unsalable. Mr. Colbert pointed out that outlots on cul-de-sacs could be right-of-ways. He stated that if they were not maintained, the City. coul..d_r.emove the outlots and blacktop. City Planner Jim Stui'in Yecommended"bringing the street up to the MnDOT property line. Mr. Crawford>:point0d out that the present layout allowed the grading and planting ::Be stated the developer was willing to work with staff and was also Walling:: -o have a condition that the preliminary plat approval be subject to<:he outlot resolution. Mr. Sheldon informed the Council that the outlot problem could be attached and at a later time amended by negotiation. Councilmember Egan agreed and stated he felt the cul -u -sac islands should be a right-of-way. Egan moved, McCrea segonded►:;;;th.e:;motion to approve a preliminary plat consisting of forty-siR::#:tigl:e::tiig3y lots on 28.0 acres located along the west side of Pilot' knob t bad in the southeast quarter of Section 16 and the northeast quarter of:::Section 211 as requested by Horne Development, subject to the follov+:ing conditions: Page 14/EAGAN CITY COUNCIL NEET.Inq .. MINQ.TES April 18, 1989 1. These standard cob tions A of .;P�.Xikt approval as adopted by Council action on Septembef' :ihall In complied with: Al, Bl, :� B2r B3r B4F Cl, C2j C3F C5p and GI. 2. The outlot adjoining 35E shall be attached to the adjoining lots and potential tax forfeiture issues shall be resolved prior to the final plat submission concerning the. outlots and cul-de-sac islands shall be included .. ... . .... .......... 3. The development will be::. riquirii:d . :to submit detailed plans and specifications for the proposed..:r.etaining walls (including a safety railing) construction for s.t.a.f.f.::::O:::.revi.O.W.:'and approval. 4. All slope areas ar . e . 'ieq ui r'e'd:::. to be 3-1 or less. All voted in favor. McCrea moved, Gustafson seconded, the motion to approve a variance to the 500 foot requirement for a cul-de-sac in regard to the Kingswood 3rd Addition'. y::":::a:s':':::r-e.q.uesteo by Borne Development. All voted in favor. PRELINIMARY PLAT/EAGAN.-.-CO."ER 3RD ADDITION City Administrator TOM::-# .' e.d ......get briefed the Council on the matter. Randy Peterson (New Horizon) and John Camp (Tri -Land) attended the meeting and were available for questions. Councilmember Egan expressed concern regarding the large outlot. Brad Swenson replied that :.r: : :tbe:.:plat.tin9:-:was for bookkeeping purposes. Egan asked why there was a . rg: . e. : :.,de - velopment. Mr. Swenson stated they were following the overall pian. ... Public Works Director Tom Colbert questioned the need fort.v.'o outl.':06ts. Mr. Swenson replied they were setting up boundaries for the'.:cbur"' Councilmember Egan requested an interpretation t . 6rpretation of the CPD ordinance. City Attorney Jim Sheldon responded that if two of the criteria of the ordinance were met, the development was ok. Gustafson moved, Wachter seconded, -:-Abe motion to approve a preliminary plat for Eagan Center 3rd i44ition consisting of one lot and three outlots on 32.21 Planned Devei'6pment - Community Shopping Center zoned acres located::*a-ft§ . ...... side of Lexington Avenue, south of Kensington Trail northeast quarter of Section 26, as requested by Tri -Land Pa.rt.nershipp subject to the following conditions: 1. These standard conditions of plat ap roval as adopted by Council action on September 15, 1987, shall E: complied with: Al, Bl, B2, B3, Cl, C2r C3F C4l C5p DIr EIr Fl, and GI. 3. The development is required to provide sewer and water service to the northerly adjacent property, 4. The development L ia:::;.*q!#Fxd,:-:t-v.::-:provide a black chainlink . . fence or other limited 5. The parcel is within tho�..Lexingt - on South Planned Development and subject to a cash obligation::.:,: ..... zlccoro*hg to a subsequent Planned Development Agreement. 6. The development is responsible for the placement of a six foot concrete sidewalk along Lexington Pointe Parkway and an eight bituminous trail along Lexington Avenue. All voted in favor. Gustafson moved, Wacbt6r:::: #Oqnded, the motion to approve a conditional use permit for a day'6 re:::1acility in a Community Shopping Center district in Eagan Center 3rd A'4c.#tion, located along the east side of Lexington Avenue, south.of-;-4i�6Uhgton Trail (extended) in the .:::: :- ':- " northwest quarter of Section.., 2j,as requested by Tri -Land Partnership. All voted in todr. EAGAN/MENDOTA HEIGHTS AIR TRAFFIC CORRIDOR City Administrator Tom Hedges summarized the matter for the Council. Walter Rockenstein presehtLidh:ii�'teivommendation and alternatives for a resolution of the issue. He'.::::distributed a handout and introduced the airport personnel::40id MXC::rtaff. He summarized the following items: 1. FAA procedures for runways; 2. Alternatives to the present flight, paths; 3. Diagram of what a controller vl*litiis; 4. How controllers control. -the. --ai-r-,space; 5. Separation criteria for runways,... 6. Review of actual flight tracts:::And 7. The four alternatives (which he presented and detailed). Page 16/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 Bill Skarre asked how:::khe centev�� ... int related to the commercial ... Po corridor. Mr. Rockenstein...:;#¢ commercial corridor. ........... Doug Powers (Air Traffic"i"'hiag' e :' r) explained the rationale for various runway headings. He pointed out that the wind had been taken into consideration. Mayor Ellison commented: -he... -felt the. only Option was the one in the middle. Mr. Roc ken st the FAA would not accept any of the alternatives. Mayor Edlison:1:4u:ggested a workshop to discuss the alternative. City A&.inirtra'tor Tom Hedges pointed out that the Eagan Land Use was impoitant.4iW that the Met Council should be involved in the alternative. Bbbenstein stated that the .. solution should deal with "' ' : - .. 0 -:Met :C-biantil contours. He further reviewed the history of this situation. Mayor Ellison thanked Mr. Rockenstein for attending the meeting and presenting the matter to the Council. COMPREHENSIVE GUIDE PLAN ARENDMENT/REZORIRG/PRELIKINARY PLAT/ CONDITIONAL 0i9.8::::PZRMIT - SODERHOLM ADDITION CITY OF EAGAN/LEXII SOUTHWEST PLANNED DEVELOPMENT/ ::SECTION 23 City Administrator Tom...N0..:9jRs:,-,r'dviewed the background information and explained t.he::: for the resubmittal of the plan. Dale Heines (developer) recapped the changes for the Council. He presented the petition to the Council and stated that the development had the neighborhood support. He described the access and commented there was not opposition Diffley. City Planner Jim Sturm pointed out::::.that there was full access at the present time, but it would ba::::A' righi-in/right-out in the future. Councilmember McCrea asked f:6" -r the '::A� . raffic count figures. Ray Connolly replied there would be between 12,000 and 14?000 when the area was fully developed. Mr. Reines stated there were two legal accesses at the present time and that two would be closed, wbict'.::Vould provide for one access in a better location. He reported that :t e county had already approved the matter. McCr e 4..que st�ione.d-.-.elimina tin g the Diffley .......... access. The developer commd ' I . iv'k'A1::*'hat.:: . . proposed uses could not . sufficiently be serviced. was quite light. McCrea questioned if the traffic circula-Ion would work without the Diffley access. City Planner Jim Sturm 'stated yes. Mayor Ellison asked why the internal access did not connect across. The developer commented that it was planned for in phase two. He further stated that the cut on Diffley was crucial for the bank and that Soderholm Page 17/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 favored connecting Lexington and Lexington Way. Councilmember Egan questioned why the buildinp:-. should ba::.Connected. The developer commented it would improve f ic and the parking situation. Be informed the had worked hard with the consulting engineer. Councilmember Gustafson asked the developer what agreement was reached with the County. The developer replied that the County agreed with the Diffley cut. Gustag.:0#4;:ipa that since the County Board approved the plan, hei::4i's"::'�.46; . nin'g'.-:-`toward agreeing with the County. Councilmember Egan disa6ised a60�:stated that just because the residential use has an access, it.doesj)"t' mean the same for this development. Councilmember McCria:�;Asked ' �;:.If the neighbors favored townhomes. The developer re.pl:106 no-.- .0 '' cumember Wachter commented - -.0''Uh he did not see a reason to':Uiihge lb-�eii ' :C-omprehensive Guide Plan. Mayor Ellison stated that the parcel would not work well with multiple dwellings and pointed out that Limited Business was lower density. Councilmember Gustafson agreed. Councilmember Egan stated the Council should not consider the matter without a major chohl .N.ap d that the Advisory Planning � : Commission should have poin"6:;o4Be felt the area has an excess of retail business and that most site had undesignated Limited Business. Be pointed out that7::the Cojnppehensive Guide Plan showed Multi Dwelling. Be was and stated that the access problems continue. Be sugge,at�O- thit the reasons for the denial had not changed. City Attorney Jim Sheldon explained that staff should prepare a resolution stating the reasons for the denial. Egan moved, Wachter seconde,d,,. the..motion to deny 1) a Comprehensive Guide Plan M to Limited Business, 2) rezoning of 7.89 acres PD A -m4 a preliminary plat entitled Soderholm Addition and 4:).:::a conditional use permit for a pylon sign, for the following reasons: ons: 1. There was no material change fr3bffi the last proposal. 2. The retail study shows an excess of retail land across the street which is properly zoned but not developing. -':,':':,":: difficult zone in the City. 3. Limited Business use is the mo� 4. The Comprehensive'D-I uses as a recent designation and should ercial. McCrea, Wachter, and Egafi::*o't-*d in favor, Ellison and Gustafson voted against. Egan moved, Wachter seconded, the motion to refer back to the Advisory Planning Commission-for.f.urthe .,X. consideration the � Comprehensive Guide Plan A'ieR'.;d'z"'0' . .. ....4ezoning of 1.5 Multiple acres ... within the Lexington South*Pia''n-q-"e:a bev:ei : opment to Limited Business, located north of Diffley Road af"A:along ::::the west side of Lexington Avenue in the southwest quarter -:;Of Sectl'on 23. Wachter, Ellison and Egan voted in favor; McCreA..an ;�:6"taf'6n voted against. Councilmember McCrea 'pointed o . tit'she felt it was a good site for townhomes. PRELIMINARY PLAT/EAGAN WOODS OFFICE PARK II City Planner Jim Stukik::-introdu pointed out that a 60 foot4:400_y. the addition of a proposed c0iiat-16 required to provide the City with a parking• ced the matter to the Council and would be required. Be suggested is:;:ztatinq that the developer was `tecordable document regarding the Linda Fisher (attorney.-I...t.dViewed the staff report and concurred with all of the conditions::;'by the staff and the Advisory Planning Commission. She informed the Council she was available for questions. City Attorney Jim Sheldon requested a correction to proposed condition number 10 in which it should state that any development of the outlot must be review64:..:t),y::th4::::A4v:l$.ory Planning Commission and approved by the City Counci"1':p'r"i6t::t:6::diiivelopment. McCrea moved, Gustafson sec0hdedr:the motion to approve a preliminary plat consisting of oh'a' lot.1:0'r one office building and an outlot for future development on: 5.9 P"3,hnned Development district acres and a variance for the building setback, located in the southwest corner of Pilot Knob Road and 1-494 in the northeast quarter of Section 4, as requested by Trammel Crowe Company for the Eagan Woods Office Park 11, subject to the following conditions: 1. These standard conditions of pl-At approval as adopted by Council action on September be complied with: Al, B1, B2r B3, B4r Cl, C2r C3, C41'... and G.1. 2. All conditions within the Eagan:::'.Woods Planned Development shall be adhered to. 3 . 209 parking stalls shall be provided. If a shortage does occur, additional parking will be created on adjacent property. Page 19/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 4. All trash shall be.':::-.,'c'ontained V.- thin the building. 5. Rooftop mechanical e`9-.'# -'":....'a all not be visible from I-494 or Pilot Knob Road. 6. The building setback variance shall be approved as per the site plan. 7. Accouetical treatmf::rp�1:#�e:gzovided within the building in order to minimize any noise i�p:pacts:l om planes overhead or traffic along I-494 and Pilot Knob Road B. The developer is requi.;ea.t.o.,.;su*it detail plans and specifications of the proppS. ::reta�ii ng wall construction as a part of the site plan review for staff review and approval. 9. The development is required to install street lighting. 10. Any development of the outlot must be reviewed by the Advisory Planning Commissiii;:;and approved by the City Council prior to development. All voted in favor. COMPREBENSIVE GUIDE PLAN.; Mman'DIISN'1'%REZONING/PRELIMINARY PLAT/ CONDITIONAL USE PA'Al.f.:.- RASMUSSEN COLLEGE SYSTEM City Administrator Tom Bedges briefed the Council regarding the matter and stated that the Advisory Planning Commission recommended approval of all four applications. Bob Nimitz (Rasmussen t:6,bi a .' .. iv;$) was present at the meeting and available for questions:' Councilmember McCrea questioied if::.there was a sufficient amount of parking stalls. Mr. Nimitz resanded;:tihere was sufficient parking stalls. McCrea requested the demographi�t:of the students and asked if greenery could be added to the lot. Mr. Nimitz stated that they have not had any litter problems and pointed out that there was substantial landscaping in the plans. McCrea questioned if other sites for the College had been examined. The developer stated yes. Councilmember Egan questioned the amount.::::of the required parking. City Planner Jim Sturm replied about 166::::.Mayor Ellison asked if the developer had any desire for,.,JR,pans.i,.o:n.:.•.;.The developer commented no, that 300 was the maximum. City Planner Jim Sturm reported to:>:tibe Council that the cross -easement would be required with Otit3ot A because of the lining up of the access with apartments to the west. Be stated there was a need for flexibility. Page 20/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 McCrea moved, Gustaf sozs::;aeconde.cT::::the motion to approve a Comprehensive Guide PlanamErieiieiit::::ckinging the land use designation from D -Iii (Mixed Residential:r": -32'.units per acre) to LB (Limited Business), for the Rasmussen College Campus. All voted in favor. McCrea moved, Wachter seconded, the motion to approve the rezoning of 8.52 R-4 (Multi:p7:e::::AQBiden tial) acres to an LB (Limited Business) district for0_.-lege Campus. All voted in favor. McCrea moved, Wachter secoridod, t:40.:, motion to approve a preliminary plat con sistin.gaf:cf,..1.o.t.;::ad one outlot located along the east side of Federal Dti t-ve > sout�?:i:of Washington Drive, in the northeast quarter of Sectibn 16, as"requested by Rasmussen College System for the Rasmussen College Campus, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on Septembiivl5J 1987, shall be complied with: Al. B1, B2, C1, C2, C4, Dl, El, dit#::;�:1,,._ 2. The City will require::::a cro58-easement with Outlot A. 3. The mechanical equipm nt :sii:ill not be visible from the street. 4. The trash enclosure shall consist of the same material as the building. 5. The ground sign shall meet all Code size and height requirements and all signsge:::$)#::::be;'stibject to the one time sign fee of $2.50 per square fc'd 6. The development is required to:spbmit detailed plans and specifications for the proposed rexaini Ij wall construction for City staff review and approval as a part of :the technical plat review. 7. Slope easements are required from adjacent properties where grading extends beyond the development boundaries. 8. Entrance to the site is requiroia:ito be opposite the existing entrance on the west side of Federal Drive. 9. The development is rei U)0d':':-t '' ovide irrigation for the landscaping. All voted in favor. McCrea moved, Egan seconded the motion to approve a conditional use permit to allow a private sc6ol in a Limited Business district Page 21/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 located along the east side::: -of Federa�:;;:.Drive, south of Washington Drive, in the northeast qual[ter of Seet:ion 16, as requested by Rasmussen College System for: tJe:::fi Essen College Campus. All voted in favor. DNR CITIZEN TASK FORCE Councilmember Wachter informed the Council that Orville McCullough was also intere:stett::ko:erve::as a member of the task force. Wachter moved, Egan seconded.-, the..:motion to designate Orville McCullough to serve on the DNR.;:ta.kk fRLee to evaluate and develop a long range deer management p agraiR :or::::the Fort Snelling State Park, Minnesota Valley National Wildlife refuge and adjacent deer concentration areas. All voted in favor. Councilmember McCrea stated she felt a notice should be placed in the newspapers. Councilmember Egan stated the matter should return before the Council in the :f:ut.ure. FINAL PLAT/k;6t.V.NE.2ND ADDITION Egan moved, Gustafson seeonded,;:::::th0::motion to continue indefinitely the Blue Ridge 2rici:_Xd3ition final plat. All voted in favor. HISTORY COMMITTEE/OLD TOWN HALL/RELOCATION AND RENOVATION Wachter moved, Gustafson seconded, the motion to approve the recommendation of the History Committee as it relates to the relocation and future rest:9:ra:ton.:::of;:::tl3e:;old town hall building. CLEAN OP DAY/MAY.;.§:r 1989 McCrea moved, Wachter secondee, th;e:;;motion to designate May 6, 1989, as clean up day in the City bf Eagan. All voted in favor. City Administrator Tom Hedges informed the Council that the builders needed self-contained material containers. DEPARTMENT OF PUBLIC WORKS/NA R USE RESTRICTIONS Public Works Director Tom Colbert"litroduced the matter to the Council. He questioned if tie::kiii::sr01Ua:be City wide or only City water. Be recommended except£das frit iievi'sod and landscaping. Be reported that a City wide ban was easie;r::::to enforce. Egan moved, Wachter seconded, the 'm6tion to approve a water use restriction for odd/even days during the months of June, July and August, 1989, excluding private wells. All voted in favor. Page 22/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 COUNCIL DIS .diSION Mayor Ellison requested ai::upddte regarding the wood pile in Vienna Lane. City Planner Jim Sturm updated the Council. Councilmember McCrea requested an update regarding insurance. City Administrator Tom Sed9es:;Update,.d the matter. ... CHSClU,ISTS: Wachter moved, Gustafson soconded :the motion to approve the checklist dated March 31, .,1:9.89:::n..the:;amount of $2,036,954.91 and the checklist dated April:;]:`8:::1989;�i: the amount of $921,574.12. All voted in favor. ADJOURNMENT Upon motion duly made by Egan, seconded by Wachter, the meeting was adjourned at 12:00 a.m::All voted in favor. GxT:Y OF EAGAN E. J. VanOverbeke, City Clerk _1 "THE MORNING AFTER" May 2, 1989 "The Morning After" is an extremely brief report of the action that was taken by the Eagan City Council at a regular meeting held on May 2, 1989. There are no details reported in this account; however, the action taken by the City Council on each of the agenda items and each of the other business items is reflected. DEPARTMENT HEAD BUSINESS A. FIRE DEPARTMENT 1. Maynard Klang's retirement from the Eagan Fire Department after 2T years of service was recognized by Chief Southorn and Mayor Ellison, on behalf of the City Council. 41?2& 2. Acquisition of the emergency stand-by generator in the amount of $54,759 to Bill Richmond Electric was continued until the June 6 meeting. CONSENT AGENDA J2L3. John Wingard was approved as Land Development/Design Engineer for the City upon completion of the City's physical examination requirement. 1—C 4. Kelly Blommel and Richard Francois were approved as Utility Maintenance Workers for the City upon completion of the City's physical examination requirement. JJ�M-r 5. The resignation of Mel Bailey, an intern with the Park & Recreation Department, was accepted. 6. The appointments of John Stevenson, Richard Swanson and Gerald Meszaros as Lieutenants in the Eagan Police Department were approved. 7. The hiring of a candidate yet to be named as Planner I for the City of Eagan was approved subject to completion of the City's physical examination requirement. 8. The hiring of Stan Lexvold as Senior Engineering Tech/Supervisor (Construction) for the City of Eagan was approved subject to completion of the City's physical examination requirement. 9. The hiring of a candidate yet to be named as Administrative Intern for the City of Eagan was approved. 10. The hiring of the following seasonal workers was approved: Seasonal Street Maintenance Workers --Ben Anderson, David Chavez, 16. Approval was given to the apparent low bidder for Contract 89-12 and the contract was awarded to Finley Brothers Enterprises, subject to review and approval by School District #196. Authorization was given to the Mayor and City Clerk to execute all related documents. 17. Approval was given to receive the bids for Contract 88-26 (Daniel Drive - Streets and Utilities), and the contract was awarded to Imperial Developers. Authorization was give to the Mayor and City Clerk to execute all related documents. 18. Approval was given to receive the bids for Contract 89-07 (Well #14), and the contract was awarded to E. H. Renner 6 Sons. Authorization was given to the Mayor and City Clerk to execute all related documents. 19. Approval was given to receive the bids for Contract 89-10 (Well #15), and the contract was awarded to Layne, MN. Authorization was given to the Mayor and City Clerk to execute all related documents. 20. The Feasibility Report for Project 561 (Sterns Addition -Streets and Utilities) was presented, and a public hearing was scheduled for June 6, 1989. 21. The final assessment roll for Project 520 (Manor Lake -Trunk Utilities) was received, and the final assessment hearing scheduled for June 6, 1989. 22. The report for Project 565 (Water Treatment Plant Dehumidification) was received and authorization was given to prepare detailed plans 6 specifications and bid solicitation. 23. The petition for Project 568 (Autumn Ridge - Storm Sewer) was received and authorization was given to prepare a feasibility report. Michael Griswold, Robert Judge and Jeffrey Kadlec. Seasonal Central Services Maintenance --Timothy Troje Seasonal Tree Inventory Technician --Darren Wennen T�� C ..L 11. The resignation of Frank Lamberger as Street/Engineer Maintenance Worker with the City of Eagan was approved. 12. Authorization was given to recruit the position of Street/Equipment Maintenance Worker. /+ 6 13. The plumbers licenses were approved for Bowler Company, Burnsville Electrict/Mechanical, Gilbert Mechanical, Heritage Plumbing, North Star Plumbing 6 Heating and Stant Plumbing & Heating. //11 �r14. Authorization was given to correct the official minutes of a regular City Council meeting for December 10, 1974 by changing Lot 1 to Lot 6 in the Kenneth Hassler Blackhawk Acres official transcript. /�11 l.]� 15. Approval was given to Eugene Winstead for three (3) amusement devices at J. Doolittle's restaurant. 16. Approval was given to the apparent low bidder for Contract 89-12 and the contract was awarded to Finley Brothers Enterprises, subject to review and approval by School District #196. Authorization was given to the Mayor and City Clerk to execute all related documents. 17. Approval was given to receive the bids for Contract 88-26 (Daniel Drive - Streets and Utilities), and the contract was awarded to Imperial Developers. Authorization was give to the Mayor and City Clerk to execute all related documents. 18. Approval was given to receive the bids for Contract 89-07 (Well #14), and the contract was awarded to E. H. Renner 6 Sons. Authorization was given to the Mayor and City Clerk to execute all related documents. 19. Approval was given to receive the bids for Contract 89-10 (Well #15), and the contract was awarded to Layne, MN. Authorization was given to the Mayor and City Clerk to execute all related documents. 20. The Feasibility Report for Project 561 (Sterns Addition -Streets and Utilities) was presented, and a public hearing was scheduled for June 6, 1989. 21. The final assessment roll for Project 520 (Manor Lake -Trunk Utilities) was received, and the final assessment hearing scheduled for June 6, 1989. 22. The report for Project 565 (Water Treatment Plant Dehumidification) was received and authorization was given to prepare detailed plans 6 specifications and bid solicitation. 23. The petition for Project 568 (Autumn Ridge - Storm Sewer) was received and authorization was given to prepare a feasibility report. 24. The final plat for the Potts Addition was approved. Authorization was given to the Mayor and City Clerk to execute all related documents. 25. The final plat for the Blue Ridge 2nd Addition was approved. Authorization was given to the Mayor and City Clerk to execute all related documents. 26. Plans for Project 533 (Diffley Road -Reconstruction 6 Utilities) were approved. Authorization was given to the Mayor and City Clerk to execute the Cost Participation Agreement. 27. Plans for Contract 88-17 (Cedarvale Blvd -Street Resurfacing) were approved. Authorization was given to advertise for bid opening to be held at 10:30 a.m, on June 14, 1989. 28. The specs for Vehicle #134 (Public Works Pavement Grinder) were approved. Authorization was given to advertise for a bid opening to be held at 10:00 a.m. on Thursday, June 1, 1989. 29. The specs for Vehicle #140 (Public Works skid steer loader) were approved. Authorization was given to advertise for a bid opening to be held at 11:00 a.m. on Thursday, June 1, 1989. 30. The petition to vacate public right-of-way (Kingswood Road and Coronation Drive) was received and a public hearing was scheduled for June 6, 1989. PUBLIC HEARINGS 31. The public hearing was closed and approval given for the vacation of drainage and utility easements within Lots 3, 4 & 5 - Berry Ridge Addition. 32 The public hearing was closed and the vacation of partial public right- of-way for Birch Street (proposed Suncrest Addition) was approved subject to final plat approval. OLD BUSINESS 33. Discussion regarding the golf ball problem being experienced by certain residents of Falcon Way, adjacent to Carriage Hills Golf Course was continued until the May 15, 1989 meeting. NEW BUSINESS 34. Special revenue funds budgets for four (4) funds for calendar 'years 1988 and 1989 were approved. 35. The appointment of Greg Gappa was made to the Airport Relations Commission as an alternate and to fill out the remainder of a three (3) year term recently vacated by Dennis Gagnon will be offered to one of the existing alternates. 36. A request by Bodecker A Sons, Inc.for a 18 variance to the 35% lot coverage maximum was approved. 37. A special permit requested by Northern Natural Gas Company to construct a steel frame building over an existing meter and regulatory facility on f] /J -/ten Outlot A, Fairway Hills First Addition was continued to the June 6 meeting. Dde(� 38. A special permit requested by Cray Research to install a private well to be used for backup water supply for cooling towers and landscaping irrigation was approved. ADMINISTRATIVE AGENDA YALW 39. Authorization was given to advertise for bids a monthly building cleaning and maintenance service with bid opening scheduled prior to the June 6 City �'��// Council meeting. LCL 40. Participation in the Joint Powers Agreement establishing the I -35W Council was denied. 41. The petition for Project 569 (Eagandale Center Industrial Park #3) was received, and authorization was given to prepare a feasibility report. ****** 7-1V 42. The City Attorney reviewed an Ordinance that establishes a storm water drainage utility and a storm water drainage improvement district. /-/ 43. A workshop was scheduled for May 30 to consider the storm water utility and referenced in the above item. **k*h* jar= 44. All bills were approved and ordered paid. MINUTES OF REGULAR�:-.MEETING Op.::; -.THE ,kSOTA MAY 21 1989 EAGAN CITY COUNCIL A regular meeting of..tb.e..-Eagan..fj-ty.. Council was held on Tuesday, -U:::i"��iW�Auni ci pal Center. Present were May 2, 1989, at 6:30 p ..... ........ 0�.Wacht.�e:r, Egan, Gustafson, and Mayor Ellison and Coun ilmem er . ..... McCrea. Also present were City Administiator Tom Hedges, Public Works Director Tom Colbert, Comm uni ty::jP.ev elopme nt Director Dale Runkle, City Planner Jim Sturm and Cit-j.j:�]Attorzje ....... James Sheldon. AGENDA City Administrator Tom Hedges recommended continuing Item A. under Old Business (Carriage Hills Golf Course) to the May 15, 1989, Council meeting. Wachter moved, McCreai::0:0Anped, the motion to approve the agenda as amended. All voted in favor...: April 18, 1289. Councijjji6tftber- Egan requested the following changes: Page 9 - regarding the Council vote on Project 487R - Braun Court, the minutes should read: Egan moved, Gustaf:p.4n:;::s9Pon4e:d# the motion to close the public hearing and the final assessment roll for Project 487R (Braun:.Court....., Streets and Utilities) and authorize its certificatiork:::to the':. -:County for collection. Mayor Ellison questioniia if the Council should recommend Assessment No. I or Assessment No. 2. City Attorney James Sheldon informed the Council that their determination should not be made under threat of legal action but on the basis of benefit only. Mr. Colbert explained the rationale and also the options. Mayor Ellison stated he prefoFred the original assessment roll without modification. ... Councilmember the City should assume their portion of the costs and fel..t:that the net result of the original assessment roll would be':::i'ktrimental. Ellison moved, McCrea seconded, the motion to amend the previous motion to approve the final assessment roll as Page 2/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 ... presented for Project.....487R (Br and authorize its ce�i - Ificatio McCrea and Ellison voi.,'eiid' X-1- n. ta voted against ourt - Streets and Utilities) the County for collection. Wachter, Gustafson and Egan On the motion by Egan, seconded by Gustafson, to close the public hearing and reduce by $10,000.00 the final assessment roll for Project 487R (Braun Court - Streets and Utilities) ana authorize its certifj,'O.i:t:1O.n .hie i::County for collection. Ellison, Wachter,anvoted in favor; McCrea voted against. Page 10 - regarding speci4Vasseil§kents for Metram Properties, the fourth paragraph shouJ-.d,:.::rz.a33:::lows: ....... ...... Councilmember Egan reported that the report did not indicate if the landowners received notice of the original assessment, had an opportunity to be heard or other input. Public Works Director Tom Colbert replied that either the assessment was not at -the correct rate or the size was under -estimated. He fiait.. 4. e.r explained the procedure. ........ Page 12 - regarding the read: "All voted in favor." plus property, it should Page 14 - regardingA� .0. :xMinary plat for Eagan Center 3rd Addition, in paragraph 40 t. VJ3 ::' . should be changed to "CSC". "He wondered if each addition:was considered separately to meet the 20,000 square foot minimum for 1st phase development." Page 17 - regarding the SoderhOlm Aoditionr paragraph 3 should be corrected to read: ASingl.e..Familyn, instead of "Multi Dwelling". Page 17 - regarding ih6 Sod6ft6lm'Addition, number 2 of the conditions should read: 2. The Laventhol & fiot."th retail study shows an excess of retail land in this particiiiar no&(node 3). An example is the retail land across the street which is properly zoned but not developing. Page 17 - regarding the Soderholm , Addition, number 3 of the conditions should read: 3. Limited be an obsolete zoning use by .. ........... . the developers. Has ::;a,. I Amffl'dbl't classification to deal with. This developmeriC'lows ."laig6" tracts of undesignated limited business. Page 3/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 Page 17 - regarding 9:gderholm Addition, motion was only to deny Comprehensive Guide Planaiaendment -.::::strike other 3 (rezone, preliminary plat, condition ..... -aa.::; ee Mit). Page 17 - regarding the Soderholm Addition, number 4 of the conditions should read: 4. The Comprehens.iv.g.Guide ..Plan shows D -I uses as a recent designation and shou:dt?tit::ckiii: P:::lo ted aCommercial. The Council has ado - p policy to Yazorie;<j�al�ti:::��sidential lots downward to single family whenever posttble aiid not upward to a more intensive use. Page 18 - regarding i8 sti ti olrit:;Rad tion, number 5 of the conditions should have addiia to The proposed accesses do not meet county standards. Mayor Ellison requested the following changes: Page 2 - regarding t t$:Fak;..tree on the Target property, the motion should read: Egan moved, McCrea;secondsd�::ib a motion to rescind the previous motion and to:�fef:::i i::`Target oak tree matter to MnDOT with no recommendation ..:. I voted in favor. Page 2 - in regard to the Goins fire, in paragraph 2, it should be changed to read that the fire had occurred in "June, 1988" and the correction to Doug Reid's title of "Chief Building Official". Councilmember; McCrea;.;FequeStea;:a:.;.change on page 10, the last paragraph should read: Councilmember Gustafso' remarked that the City should not collect these assessments 4$.::a cognition. Mayor Ellison commented he felt staff shQkuld be::::siore judicious in what they bring to the Council. Councilmember Wachter requested the following changes: Page 9, paragraph 1, the fourth sentence should read: "Councilmember Wachter questioned if 410re would be any problems with dangers from cave-ins." Page 21 - regarding tii`i3:Sa::!CQeimittee/Old Town Ball, after the motion, it should be added: "All voted in favor." McCrea moved, Wachter seconded, t2ie motion to approve the minutes for the April 18, 1989, regular Council meeting as amended. All voted in favor. Page 4/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 ....... March 28, 1989. Mayoj?:FJlison riq'iiested a change in paragraph 3 regarding the Community Ceni. the second to the last sentence should read: nMayor':'k1'3..ti6ifagain expressed his support for the concept of a Community Center but agreed that the project should be delayed for at least two years." Egan moved, Wachter secQ.nded, the motion to approve the minutes for the March 28, 1989, q`*`�A-: ...... : ...... ..;meeting as amended. All voted in favor. April 17, IM. Mayor Elli&Qn req.kiested a correction regarding the date of the meeting, it sho"U''1d read . . i . "Monday, April 17, 1989". Councilmember Wachter, tequest4&'&n addition to the minutes. In paragraph 1 regarding the Public Works Maintenance Facility, the last sentence should read: "City Councilmember Gustafson suggested that the City consider a lease or some other arrangement to secure the property and defer payment and contact Blue Cross." Wachter moved, Gust co nde 6, the motion to approve the minutes for the April 17, : 1 Council meeting as amended. All voted in favor. FIRE DEPARTMEflV?.J,.4gP2dbT9R MAYNARD KLANG City Administrator Tc4.fi.8'e"6ges introduced the matter to the Council. Fire Chief Southo'rn informed the Council that Maynard Klang had answered the call to duty. Be gave a synopsis of Mr. Klang's twenty-five year career. He commented that Mr. Klang was instrumental in the growth of the department and 'reviewed his extensive list of accomplishments. F} -re chiet::.5..o.utho;rj.3.:,,pr.,e,sented Mr. Klang with a clock plaque in appreciation . with the Fire Department. Fire Chief Southorn also thankeq.the Kl.ang family. Mayor Ellison presented the':.JRlaqui::bf appreciation to Mr. Kiang on behalf of the Council and the':9agan::'::' . tizens. EMERGENCY STAND-BY GENERATOR City Administrator Tom Hedges recommended continuing the matter for thirty (30) days because of the state of flux in the Legislature. Councilmember Egan questioned the budge:k':allocation. Wachter moved, McCrea:::se,.00nde:dj:;:::'th*:. motion to continue to the June 6, 1989, City Council:::.:t 0"-f .:::Or_quisi ion of the emergency stand-by generator in the amount of $5.4.,p.759.00 to Bill Richmond Electric. All voted in favor. Page 5/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 Ww%W4ze �@# - n. 1. Land Development/Design Engineer. It was recommended tQ:-:-ap-p.;jov--e- -the....bi ring of John Wingard as land development/design engineeii:;�fbi::t .'.. .... . subject to successful u completion of the City's physici-`:'exar"1nation " ti requirements. 2. Utility Maintenance Work I O�rs. It was recommended tQ�::4p.p . r .t::.t ovh-e;- hiring of Kelly Blommel and Richard Francois as utility 'Mai nt e':z':1:a"t`ice workers for the City, subject to successful completion of the City's physical examination requirements. 3. Park Intern. It was recommended td:::A&b6:Pt. the resignation of Mel Bailey as an intern with the Park and Rect66tipp>:�Rp-partment. 4. Police Lieutenants. It was recommended tq.:::�4ppr-ove the appointment of John Stevenson, Richard Swanson and Geralar:Meszaros as lieutenants in the Eagan Police Department. 5. Planner I. It was recommended t{iring of a candidate yet to be named as Planner I�: .. :::Ugan, subject to successful completion of the City's physical::exam:ination requirements. 6. Senior Engineering Tech/.:S,kiperv:J.Spr (Construction) It was recommended to approve th4i"Tiring of Stan Lexvold as Senior Engineering Tech/Supervisor (Construction) for the City of Eagan, subject to successful completion of the City's physical examination requirements. 7. Administrative Intern. Councilmember McC r name of the candidate recommended for hire. Cite i4difiiiiiSCratbY Tom Bedges replied that the candidate had not yet been selected. It was recommended to approve thLi::hiring of a candidate yet to be named as Administrative Intern for the City of Eagan. Page 6/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 8. Seasonal Workers. It was recommendedto agtt;tkse hiring of Ben Anderson, David Chavez, Michael Griswold, Robtft:Judge, and Jeffrey Radlec as seasonal street maintenance workers; and Timothy Troje as a seasonal central services maintenance worker,- and Darren Wennen as a seasonal tree inventory technician. 9. Street/EquipmentfFaite3atce:Wrker Resignation. It was recommended to accept the:resignation of Frank yamberger as a street/equipment maintenaDGe workgz with the City of Eagan. 10. Street/Equipment 9a'' h 0.,:::W:0rker. Councilmember McCrea suggested staff search for a female and minority candidate. She commented that the Affirmative Action Plan should be met. Public Works Director Tom Colbert replied that the City was re -posting. It was recommendedtii::aiatkto;tize the City Administrator to offer the vacant street/equipment ingiiiteb4nce worker position to the second place candidate from the prev_xous n.if'itig process, subject to successful completion of the ::tity'.s;;:s3iy.sical examination requirements, if no current Au4 :nte iaiice worker applied for the vacancy and/or no current::a:rksr successfully passes the examination. n •- , It was recommended to approve the six plumbing licenses as presented. C. Correction to December 10 1974 City Council Minutes. It was recommended to authorizecorrection of the official minutes of a regular City Council meeti. g for December 10, 1974, by changing Lot 1 to Lot 6 in the Rennetti'Bassler Blackhawk Acres official transcript. D. Councilmember McCrea repo the premises of J. Dolittl.;i. that the amusement devicet::-:Mag the applicant knew he needed a cities charge a double fee for he machines were already on istrator Tom Hedges replied ordered and installed before permit..::;3}e further stated that some violations. Page 7/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 It was recommended to. -approve the....amusement device application for Eugene Winstead for tk l .e amusement' devices at J. Dolittle's Restaurant. Councilmember Egan stated he would like to review the estimated budget for the ball field.>iicl:::tetitr€s::ecprt. Park and Recreation Director Ken Vraa replied't3i r +ab hdt::::one available. Egan reiterated his request to revi&*:;6n estihated budget. It was recommended to approve thoslow bidder for Contract 89-12 and award the contract to:::F.in ey :Bx:q$:i:ets Enterprises as the lowest responsible bidder, in the%aiinbunt`ti€::::$ 302,924.74; subject to review and approval by School District No. 196 and further authorized the Mayor and City Clerk to execute all related documents. F. Contract 88-26 Receive Bids/Award Contract (Daniel Drive - Streets and Utilities). It was recommended to :,mu ace:ve::;,the bids for Contract 88-26 (Daniel Drive - Streets and,.tilitsel and award the contract to the lowest responsible bidder, rial gyelopers, in the amount of $175,180.00, and authorize thQ,,Mdy:cir;:::aaarl City Clerk to execute all related documents. It was recommended to receive the bids for Contract 89-07 (Well No. 14), award the contract to the lowest responsible bidder, E. H. Renner 6 Sons, in the amoun.t...o .:$l3,9..,93.5..00, and authorize the Mayor and City Clerk to dxecute:::d'.11 `e3:ttoc3:: ;cements. H. It was recommended to rete No. 15), award the contract to Layne -Minnesota, in the amount Mayor and City Clerk to execute I. i:V.0 the::::kids for Contract 89-10 (Well the low®:s:t responsible bidder, of $133,040.00, and authorize the all related documents. It was recommendedtp.;ece:ie;,.t}Ia;:..feasibility report for Project 561 (Sterns Addition - StteetG:::atsti::i3tz:ties) and schedule a public hearing to be held on June 6'; 1989: Page 8/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 J. it was recommended to 'zveh`e final assessment roll for Project 520 (Manor Lake - Trunk Utilities) and schedule the final assessment hearing to be held on June 6, 1989. R. Project 565, Receive Report/Authorize Plans and Sol; ; anon of Bids (Water Treatment Pl:[k:::.::f3eh:Lm1d; f; cat; on) . It was recommended to receive the::ieport for Project 565 (Water Treatment Plant - Dehumidification) anal:authorize the prepafation of detailed plans and specificatici"S. and .Ud solicitation. L. It was recommended to receive the petition for Project 568 (Autumn Ridge - Storm Sewer) and authorize the preparation of a feasibility report. M. Approve Final Plati:Ptg:A.ddition. It was recommended to approve the.:;£:inal plat for the Potts Addition and authorize the M or..:anci::::Cty Clerk to execute all related documents. N. It was recommended to approve the final plat for the Blue Ridge 2nd Addition and authorize the Mayor and City Clerk to executed all related documents. ti 0. Project 533. Agpiove''Pi'Aiis''aitef'"Cost Participation Agreement (County Road 30 Reconstruction),:: It was recommended to approve the::::glans for Project 533 (Diffley Road - Reconstruction and Utilities) ah;0 authorize the execution of the Cost Participation Agreement by the Mayor and City Clerk. P. 1Y, iJ07. 8-17 e on June Page 9/EAGAN CITY COUNCIL MEETING MINUTES 134 for May 2, 1989 It was recommended to a (Public Works Pavement G a bid opening to be held R. pYove the specifications inder) and authorize the at 10:00 a.m., Thursday, for Vehicle No. advertisement June 1, 1989. It was recommended to approve the"'specifications for Vehicle No. 140 (Public Works Skid Steer Lgader) aid authorize the advertisement for a bid opening to be hey:d:-oir:11:;,4Q:>a m., Thursday, June 1, 1989. S. Vacation of Public Right-of=Way. Receive Petition/Order Public Hearing (Coronation Drive and Kingswood Road). It was recommended to receive the petition to vacate public right-of-way (Kingswood Road and Coronation Drive) and schedule a public hearing to be he1d::an;::.J.une 6, 1989. McCrea moved, Gustafson foregoing consent agenda ite implementation. All voted in VACATION/LOTS dan'i''4i.-the motion to approve the as presented, and authorize their D 5, BERRY RIDGE ADDITION City Administrator Tom Hedges updated the Council on the matter and stated that staff had not received any objections to the proposea vacation. Wachter moved+ Gusta:t:Saaa::::secG:iaelea;;::the motion to close the public hearing and approve'`the`va'caiitiri<of drainage and utility easements within Lots 3, 4, and::5:, BerZy. Ridge Addition. All voted in favor. VACATION/BIRCH STREET (P.NCREST ADDITION) Gustafson moved, Wachter seconded, the motion to close the public hearing and approve the vacation of a partial public right-of-way for Birch Street (proposed Suncrest Addition), subject to final plat approval for said additi;gn. All voted in favor. CARRIAGE, BIbL. S.G.Q1..F COURSE Egan moved, McCrea sercoftft'3 "-the''Mtion to continue until the May 151 1989, City Council meeting, the.::;discussion regarding the golf ball problem being experienced by cert6,l;n residents of Falcon Way, adjacent to Carriage Hills Golf Course'.All voted in favor. Page 10/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 RATIFY $98.8 AND 1989:'BUDGET FUNDS City Administrator Tom eS::oammarized the matter for the Council. Councilmember McCrea asked if the BRA money was an annual figure. Mr. Hedges responded yes. Mayor Ellison requested the cable money remain as is. McCrea moved, Wachtet:: s&.6ottdeid,:::: :o motion to approve the Special Revenue FundsBudgetoF::tlre Hai�sing Revenue Fund, Senior Housing Fund, Cable TV Franchise;:FundA�d Housing Redevelopment Authority Fund for the calenaar.years of, 1988 and 1989. All voted in favor. APPOINTMENtfidf ORT:((EfrA'PIONS COMMISSION City Administrator Tom Hedges introduced the matter to the Council. Egan moved, Wachter seconded, the motion to continue the matter to a later time at this mee:tkng... All voted in favor. VARIANCE/LOT,COVERAd£{BODECKER & SONS City Administrator Tom 99.4:s::::p esented the application to the .qeCouncil. The applicant was.,pre:sif'at the meeting. Mayor Ellison questioned if the neighbors had been notified and if so, if they had any objections. The applicant replied that the neighbors were notified and there were no objections. Councilmember Egan asked if there was any land available for purchase. The applicant responded that the....pro.perty.be.hind theirs was available for purchase. Co uncilm4mber MC- Crea::: a st:iaien the hardship. The applicant replied that they needed extYa.room`foY manufacturing and storage space. McCrea commented that in Order GG:approve a variance, there was a need for a documented hardship. Cv:uncilmember Egan stated that if there were no property availab-;:e, tl#EYe would be a hardship. The applicant reported that the electrical<�Tiox in the front prevented movement. Gustafson moved, Wachter seconded, the motion to approve a 18 variance to the 358 lot coverage maximum.required in a Limited Industrial district as requested by R.::Ii Bodecker & Sons, Inc. at 3330 Mike Collins Drive, subject to all:::applicable City Codes. All voted in favor. Councilmember McCrea, statecl'that"fhe hardship was the electrical box and keeping the lines straight in tilde back. Page ll/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 John Hohenstein informe6-:tEe::.;tauncil that the appointment of the two alternates could be continued to another meeting. Councilmember McCrea suggested selecting a person subject to the decision regarding the alternates. She stated that if the alternates desired the position, the appointed per,son.would.become the alternate and further that if the alternate de c] ziied::::thd::po:s tion, the selected person would become the regular ioemEier:::: " After the Council vote, City, Administrator Tom Bedges counted the ballots and announced that::: te,ap.04ntment of Greg Gappa was made to the Airport Relations Cgiesii ;s§i:git: "43p:::an alternate or to fill out the remainder of a three_o'af term,: `t'e'cently vacated by Dennis Gagnon, (the position would first be offered to one of the existing alternates). NORTHERN NATURAL GAS COMPANY/SPECIAL PERMIT FOR A::STEEL FRAMED BUILDING City Administrator Tom 'Hedo:$::::explained the request for the special permit to the Council::.;. He"€fistrbuted two letters from DMS and Bridlewilde objecting to::the iss:ud4ce of the permit. Dennis Workmeister(r:PgF:-a'"titative for the applicant) informed the Council that the faciizty was relocated due to the Pilot Knob construction. He further stated that a smaller metal building already existed and that the applicant would provide a privacy fence and paint the building earth tones. Council member McCrea;:;:as:ked:::;if:;:tMe;::€ence would screen the building. Mr. Workmeister::::i:e::l?csistiecl::tati five feet of the building would be visible above the fence:..;,McCrea questioned if the building could be constructed at another N.Qrtherb Natural Gas Company location. Mr. Workmeister respo4;* d thit at the other location there is a pipeline. McCrea asked if the app3#ant would be willing to do more in regard to the aesthetics. Mr. *6rkmeister responded it would depend upon the details requested. McCrea asked if they would consider bricking the building. Mr. Workmeister responded no, because it was an existing facility. Councilmember Wachter questioned Zhe size of the present building and the need for the increase:ih the size. Mr. Workmeister responded there was a nee::;iitease:the size of the building due to an increase in the demeticl::::Mr:::;T3ekit:er questioned if Northern Natural Gas Company could relocate. Mr,:..,.Workmeister described the relocation due to the Pilot Knob projecE. Page 12/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 .......... Councilmember McCrea::::*.sked if th:e:.:.Brick Ordinance applied to this project. City Admini.4ft.ator TorA11 ��$dges replied he was not sure if the Brick Ordinance appy. --i s . project. Councilmember Egan commented that Fairway Hills was developing and that the size of the utility building was increasing substantially. Mayor Ellison had concerns regarding a tin shack located next to a high quality..de.v.elop.ment. Mr. Workmeister disagreed. Mayor Ellison thats,-.W.'r of the special permit ........ ........ .0val would run counter to the City's: :p . o .1. 1 . c . y . :::Councilmember McCrea suggested continuing the matter for f ftt'her investigation. Mr. Workmeister pointed out that th�--..expense of moving the facility was prohibitive. Mayor Ell i so.n.....re.c..(.X,nme.nde,.O::.the applicant review the ng to the Council. The matter and propose an accept4ble'. 'd applicant asked for direcii6 . nfrom::th-e Council. Mayor Ellison suggested using the Northwestern Bell building and its brick as a design. Councilmember Gustafson suggested using the Well Plan design as a guide. Be stated there were a number of choices available. Councilmember McCrea.:::re.c.ommended a neighborhood meeting. Mr. Workmeister stated'tht.:.:applA.cants could not have combustible ... . ....... items in a brick structure. Clounc . i . ti . m ber Gustafson stated that a metal structure may be acceptible..,-:IFt Council if the design and appearance were good. Council.:�..embiii0iM6&rea pointed out that the location was also a conce:rri Kr; Workmeister asked if landscaping would help the matter. Co'pii;ftlmember Wachter asked if the peak of the roof could be reduced. Mr. Workmeister stated it would be an instrumentation problem. City Administrator Tom Hedges informed the applicant to contact Eagan staff for review and recommended continuance of the matter to the June 6, 1989, City Council meeting. Al Herrmann develop' ;itiv. informed the Council he was willing to work with Northern. Natural Gas Company. William Haye, 1359 St. Andr::Ows, Fa.:'I.'.rway Hills, stated there was no landscaping on the project an'd: that::::the lawns were washing away. Be further commented that the pipes were unsightly and felt that the property taxes were too high. Be invited an on-site investigation. He presented a letter to the Council dated August, 1988, from Derrick. Mayor Ellison requested staff cheek k into the erosion control. Public Works Director Tom Colbert staf'4g6' that staff was working with the developer. Mr. Baye further stat;6 tae:: Ad%cancerns regarding the safety of children. Al Herrmann reported that the erasion was occurring on the pipeline site and that no vegetation had been replaced. Page 13/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 Mr. Workmeister respo.ilded that the -letter Mr. Baye distributed was for pipeline constructr�'Lt?n on a pj:eeVlous project. Be further stated that the applicant wjppkztig natural gas as efficiently as possible and commented that ttie::Ppn5iilner pays in the end. He again requested direction from the dodacil. Councilmember McCrea recommended referring the matter to the staff. Councilmember Egan requested the building be compatible with the neighborhood. Councilor_ft:bB;c:GGu.6:ta#aon explained he needed to see a proposal. McCrea moved, Egan seconde.a, the nation to continue to the June 6, 1989, City Council meeting tb..speC%;al permit request for Northern Natural Gas Company to constrt#4'ta:;;s�eel framed building over an existing meter and regulatio y acsl:f:ty on outlot A, Fairway Hills 1st Addition, to allow the applicant to work with the City staff, arrange a neighborhood meeting, develop a landscape plan and give evidence of an erosion prevention plan. All voted in favor. CRAY RESEAB.CB/SPECIAL PERMIT FOR A WELL City Administrator Toie:HE�gea:::;briefed the Council regarding the matter. Public Works Director. Tdin 0dXbert recapped his memorandum dated April 25, 1989. Ed Bramen (real estate;, pgissiiitant for Cray Research) explained the use of the well and thy:::,:pu pose. Be stated it was not a high capacity well. Councilmember McCrea had concerns regarding health and safety. The applicant responded that the valves could fail and contaminate the system. Mr. Colbert stated it -was ,a..potential problem. The applicant stated ii would:::Fe.!4e::::t3e.:pi: n to eliminate the potential problem. He remarked that' t"b'e-well wtruld be a primary source for a cooling tower. Councilmember Wachter was c6hcerniid:about the use of water. The applicant responded that the State was:::0ot concerned with the project. Councilmember Egan asked if there was a potential concern regarding the draw -down. Mr. Colbert responded no. There was further discussion regarding the technical aspe""ets of the project. Gustafson moved, McCr:ea:.:.&econ4ed.,.:..the motion to approve a special permit for Cray R&.' $.;' i9: installation of a private well to be used for backyp'water supply for cooling towers and landscaping irrigation, subject to the:::following conditions: 1. This special use permit shall be subject to all applicable City Codes. Page 14/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 ... 2. The pumphouse shai::::have a maximum rate of 500 GPM. 3. There shall be no infez:0#0nre16tion between the private well and City water. 4. The City of Eagan shall be allowed to monitor the well. All voted in favor. VISITORS/KINd'f&OOD Jim Horne informed the Cnii�'bil he tad two items he needed to bring to the Council's at ei:tsanr:::B:e:t*iquested the vacation of the public right-of-way within "thei Kirrg5wood lst Addition. He stated he wanted the contractors to begin and did not want a delay. City Attorney Jim Sheldon replied that the vacation was a condition of final plat approval for the Kingswood 2nd Addition. He further stated that the final plat was not ready. Mr. Horne addressed 13ii::;eo;ncern regarding the park dedication fee. Be stated that the accesa::was:;moved at the City's request which caused the developer extra expense ::He remarked that there were 11 lots and he wanted the dedication.to;:apply only to the new lots. Mr. Sheldon commented that the Ci::ty;::::o?as::eiltitled to the funds. Mayor Ellison requested Mr. Horne::t:6.::Wbrk with the staff. VISITORS/PROJECT 520/IgANOR LAKE Roger Wiske, 630 Cliff Road, had concerns regarding Item J of the consent agenda regarding the Manor Lake Trunk Utilities project. Be stated that the .project:.:had; -not ::;: been;.; completed. Public Works Director Tom Colbert info:Diee1:332A1:::ftati:::'the staff would take steps to clean the matter up prior to the;:.assessment hearing. He stated he could not guarantee it and that:�:egal action was being pursued. VIS ITORS/ Sd69RHOI*:::'ADDITION Ray Connolly informed the Council that the applicant wished to withdraw its rezoning request. Councilmember McCrea stated she would not favor the withdrawal of the motion. Mr. Connolly informed the Council that much effort was put into the project and stated that there was unanimous Advisory Planning:CO''umission approval. Councilmember Eganrema*Qd:.ki�at;:ise felt sorry for the Soderholm applicant but that the Ci tp::;#laz3::9r?e:::xtquirements that a substantial change was necessary for further Council review. He further stated that the Laventhol and Horwath report: -01 -.ted excess retail in the area. He commented that the Council's fill est priority was to down -zone Multiple Residential to Single Family. Page 15/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 .......... ........... Mr. Connolly reiteraf;ik.'d his desi:ro:: to withdraw the rezoning request. Councilmember Wadlii-atr state4�t'hat the Advisory Planning ......... ..... Commission was for Councilmember Egan stated that any of the three Council . in' f3ei-i's' could move to reconsider. Mayor Ellison remarked that the motion was not forthcoming. CONTRACTUAL CLEANING SERVICE/MUNICIPAL CENTER BUILDING t... City Administrator T6.t.::14�64, :-adduced the matter to the .. g Council. Councilmember Gustaf s6i::::":)c'e''con'u"*n"'e'ndeaJ looking for outside bids. McCrea moved Egan secondod': to authorize the advertisement of Lids for r' e . ul'ax".:M' 'Vnt .'""":' hly building cleaning and . maintenance service with a bid opening scheduled prior to the June 6, 1989, City Council meeting. All voted in favor. 35W JOINT POWERS AGREEMENT City Administrator background information. s updated the Council with the Councilmember Wachter had condd,ths. -regarding the Joint Powers Agreement and stated he was Oipr.e.:::be - p i Councilmember Egan commented that it would be e.azi,.i*rfu 'approve the participation in the Agreement than it wouldout of the Agreement. Mayor Ellison stated he was ambivalent ilft':'the matter. Councilmember Gustafson shared the other members' concerns. Be questioned the fee calculations and had concerns regarding participation. There was more discussion regarding the participation by the City of Eagan. Councilmembero,McCrea::.q:WeatiO.iie.t::W:b;at the City of Eagan would receive by participating ihWe 101.6t::::.'P:6wers Agreement. City Administrator Tom Hedges stated : -the AgF:e.ement would improve the over-all County traffic flow. C601cilm.0m.''ber Wachter remarked he felt the money may not be well spent...'......' Egan moved, Gustafson seconded, the motion to deny participation in the Joint Powers Agreement establishing the I -35W Council as requested by the City of Burnsville because there would not be enough benefit to the City of Eagan. All voted in favor. PROJECT 569/RECEIVE PETITION/090ER FEASIBILITY REPORT (EAGANDALE CENTER INDUSfkM PARK NO. 3) Egan moved, Wachter to receive the petition for Project 569 (Eagandale Center Industrial Park No. 3) and authorize the preparation of a feasibidy + report. All voted in favor. Page 16/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 %ECUTIVE:::0.05SION Mayor Ellison announced'an`'eXecutive session following the regular meeting to discuss pending litigation. TRAILWAY ASSESSMENT POLICY City Administrator T4>ii:FkErcg:s::::xjt:tt:rmed the Council that the assessment policy regarding the::, nny:::Cake Ridge Road trailway was being re-evaluated as a whole. Be furti'er commented that staff was addressing a number of issues cb*front'i319 the Council. Be stated it was recommended that there::;be:;rj# : q.uad :t:iailway assessments. Be informed the Council ale�tie:::wouci::tie sent out to the citizens explaining the assessment policy re -'evaluation. City Attorney Jim Sheldon explained that residential properties would not receive special benefit which is not necessarily true of commercial and industrial properties or public facility property. Mr. Bedges stated staff was considering alternative funding methods. Councilmember Egan recommended examining tho'..',,J.,re policy as a whole._ Councilmember Wachter requested more ihfa;tion. BdARD OV IEU:IEW City Administrator Tom :gedges dpdated the Council on the matter and stated he was preparih'." taiidouts. STORM WATER ORDINANCE City Attorney Jim Sheldon informed the Council that a public hearing would be set for June 6,_1989, to review the proposed ordinance creatingla storm *4.:1tir::::ai..0..r tility drainage district. Councilmember Egan questib,ned if it wisiild include new construction also. Public Works Director Tom::Colber:t::::replied yes. Mayor Ellison commented the matter needed furY-ber dit6ussion in a work session. Mr. Bedges suggested setting the meeting fRie: May 30, 1989 at 7:00 p.m. Gustafson moved, McCrea seconded,"iEhe motion to schedule a workshop for May 30, 1989, at 7:00 p.m, to consider the storm water drainage utility and storm water drainage improvement district ordinance. All voted in favor. COUNCIL DISCE.APION Councilmember Wachtel : cvii lierit #1:`" --had concerns regarding the Cray Research water tower:' PiYere'.', las""al'scussion between Wachter and Colbert regarding the matter. Councilmember Egan remarked that'the meeting time for the Board of Equalization should be more clear and specific. Page 17/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 There was an update iEgarding tht::Areland Sister City project. Limerick has expressed an � $.est:; 0::the project. Councilmember McCrea suggested charging for the excess police calls to the billard halls. Mr. Hedges stated staff would check into the matter. McCrea asked when th:az:alicl:;otif:tiq for Fire Stations 4 and 5 would be held. Mr. Hedge s''rplie<7:'he p{ld check with the Fire Chief. C.BECSLIST:.. Wachter moved, Gusta$SOFr: 5ecS2Asl ti] .::'the motion to approve the checklist dated May 2, 1988;>in tN::::hount of $263,225.46. All voted in favor. Upon motion duly was adjourned at 9:15 ADJOURNMENT by Egan, the meeting E. J. VanOverbeke, City Clerk "THE MORNING AFTER" April 18, 1989 "The Morning After" is an extremely brief report of the action that was taken by the Eagan City Council at a regular meeting held on April 18, 1989. There are no details reported in this account; however, the action taken by the City Council on each of the agenda items and each of the other business items is reflected. DEPARTMENT HEAD BUSINESS ,c 1. A resolution supporting the site location of Project 562A, Well #14 - Thomas Lake Park, was approved. 2. A variance to City Code 4.30 for grading permit EX -13-088, Gopher Eagan Industrial Park, allowing extended hours of operation for a 24 hour schedule and Sundays as weather dictates was approved. CONSENT AGENDA e�, —) 5. The hiring of a Land Development/Design Engineer was continued to the May 2, 1989 City Council meeting. 6. The hiring of Sue Sheridan as Accountant I for the City of Eagan was approved. 7. The hiring of Jeffrey Horsman as a seasonal utility maintenance worker was �i approved. ��^ ✓ 8. The following people were approved to be hired for seasonal park positions: y Seasonal Park Maintenance Workers: Larry Anderson Christopher Darwitz Mike Finnegan Brian Gual Tyrone Johnson Loren Leversedge Gary Rutherford Dave Smith Brent Tait Rebecca Verwey 3. Action was taken to rescind the April 4 motion to remove an Oak tree on MnDOT right-of-way adjacent to the Target store. 4. Action was taken to designate the Goins property at 4010 Mica Trail as a -- hazardous building and require proper corrections or removal of the building. CONSENT AGENDA e�, —) 5. The hiring of a Land Development/Design Engineer was continued to the May 2, 1989 City Council meeting. 6. The hiring of Sue Sheridan as Accountant I for the City of Eagan was approved. 7. The hiring of Jeffrey Horsman as a seasonal utility maintenance worker was �i approved. ��^ ✓ 8. The following people were approved to be hired for seasonal park positions: y Seasonal Park Maintenance Workers: Larry Anderson Christopher Darwitz Mike Finnegan Brian Gual Tyrone Johnson Loren Leversedge Gary Rutherford Dave Smith Brent Tait Rebecca Verwey Seasonal Park Attendants: Chris Erickson Kathy Liberty Seasonal Ballfield Attendants: Dean Downs Brett Knudson Thomas Mullen Seasonal Forestry Technicians: Shannon Nelson David Walker 9. The resignation of Daniel Mundahl as Administrative Intern was accepted. �10. The plumbing licenses were approved as presented. �11. The resolution entitled Eagan Arbor Festivities proclaiming Saturday, April 29, 1989 as Arbor Day, was approved. �n 12. The petition for Project 566, Coventry Pass - trunk utilities, was (- received. �G 13. The bids were received for Contract 88-09, Cliff Road - booster pump, and the contract awarded to the lowest bidder. r�14. The bids were received for Contract 88-28, Fire Station #1 - parking lot improvements, and the contract awarded to the lowest bidder. 15. The bids were received for Contract 88-34, Alden Ponds - streets and ��- utilities, and the contract was awarded to Fredrickson Excavating Company, Inc. 16. The final assessment roll for Project 544, Mallard Park - streetlights, was received and a public hearing scheduled for May 15, 1989. 17. The final assessment roll for Project 523, Stoney Point and Blackhawk Ponds- trunk water main, was received and the public hearing scheduled for May 15, 1989. 18. The final assessment roll for Project 515, Dodd Road - overlay, was received and a public hearing scheduled for May 15, 1989. 19. The final assessment roll for Project 530, Kindercare - water main, was received and a public hearing scheduled for May 15, 1989. l20. The final plat for Alden Ponds Addition was approved. 21. The petition was received for Project 564, Rahncliff 2nd Addition - streets and water main. 22. The preparation of feasibility report for Project 565, Cliff Road water treatment plant, was authorized. _3L.23. The final plat for Blackhawk Ridge 2nd Addition was approved. 1 r ti 24. Change Order #1 to Contract 88-24, Lexington Avenue reservoir, in the amount of $15,300 was approved. 25. The feasibility report for Project 562, Well #14, was received. 26. The feasibility report for Project 563, Well #15, was received. 27. Change Order #1 to Contract 88-31, Well #12, to change the completion date of the project from March 15th to April 21st was approved. 28. The second and final payment for Contract 87-14, Country Hollow - sanitary sewer lift station equipment, to. Smith 6 Loveless, Inc. was authorized. 29. The seventh and final payment for Contract 87-12, Lexington Square 6th Addition - streets and utilities, to Richard Knutson, Inc, was authorized. 30. The ninth and final payment for Contract 87-17, Blackhawk Road - streets, to Preferred Paving, Inc., was authorized. 31. The seventh and final payment for Contract 87-41, St. Francis Woods 6th Addition - streets and utilities, to F.M. Frattalone was authorized. 32. The second and final payment for Contract 88-19, Well #5 - removal and repair, to Mark Traut Wells., Inc., was authorized. � 33. The petition for Project 567, Effress Addition - storm sewer, was received. PUBLIC HEARINGS JL34. The public hearing was closed and the final assessment roll for Project 487R - Braun Court - streets and utilities, was authorized. �. 35. The public hearing was closed and the vacation of a public access easement within Outlot A of Eagan Woods Office Park was approved. OLD BUSINESS 36. An additional condition to the Metram Properties Co. motor fuel .sales conditional use permit requiring a financial obligation of $10,611 for storm sewer trunk was deleted. NEW BUSINESS �37. A modification to the trailway along Lexington Pointe Parkway and Daniel Drive was continued to the May 15 City Council meeting to allow further consideration and study by staff. 38. The declaration of City property and police evidence as surplus property �— was approved and the sale and auction scheduled for June 3, 1989. r, 39. The 10' variance to the 30' front yard setback to allow the construction of a home and attached garage on Lot 4, Block 2, LeMay Lake Hills Addition was denied. 40. The preliminary plat for Kingswood Third Addition was approved and a variance to the 500 foot requirement for a cul-de-sac was approved. 41. A preliminary plat entitled Eagan Center Third Addition was approved and a conditional use permit for a day-care facility was approved. 42. After discussing the Eagan/Mendota Heights Corridor issue, the item was referred to a workshop. 43. A comprehensive guide plan amendment for D -I to LB, a rezoning of 7.89 acres PD R-4 to PD LB, a preliminary plat entitled Soderholm Addition and a conditional use permit for a pylon sign were denied. 44. The comprehensive guide plan amendment and rezoning of 1.5 acres of R-4 �— to LB located north of Diffley Road and west of Lexington Avenue was referred back to the APC. 45. The preliminary plat for Eagan Woods Office Park II was approved and a variance for the building setback along Pilot Knob Road was approved. n 46.. The comprehensive guide plan amendment from D -SII to LB, a rezoning of 8.52 CCXSL R-4 acres to an LB district, a preliminary plat entitled Rasmussen College Campus and a conditional use permit to allow a private school in an LB district were approved. _ 47. Oliver McCulloch was designated as an Eagan representative to serve on the DNR Task Force to evaluate and develop a long range deer management program for the Fort Snelling State Park, Minnesota Valley National Wildlife Refuge and adjacent deer concentration areas. �48. The final plat for Blue Ridge Addition was continued indefinitely. 49. The recommendation of the History Committee in regard to the old.town hall building was approved. _50. May 6 was designated as Clean -Up Day in the City of Eagan. 51. A water use restriction for odd/even days during the months of June, July and August was approved. r 52. All bills were approved and ordered paid. A regular meeting ofthe City Council was held on Tuesday, March 21, 1989, at 6:30 Municipal Center. Present were Mayor Ellison and Cotirrc'ilinen(b2'is';chter, Egan, Gustafson and McCrea. Also present were City 14&inisi;tWaator Tom Hedges, Public Works Director Tom Colbert, Community,:;Oevelopment Director Dale Runkle, and City Attorney Michael Dougherty::<:;. �� Wachter moved, McCrea seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES March 7. 1989. MayorE1lgoL;::requested the following changes: Page 15, paragraph 4, c4 rect},ng:;'(developer)' to '(attorney)". Page 17, paragraph 5,.x:-6hg01d read: '1. The HUD property located at the southwest corner of::iexington Avenue and Diffley Road is to be kept for the reservoir site and recreation site.' Page 18, paragraph 12, should read: 'Mayor Ellison stated that the Horne property was looking good. He further stated that an ice arena was being proposed n:;:agatf::;";;;;; Gustafson moved, Wachter se.conded.,,the motion to approve the minutes for the March 70 1989, c:gular:;:Council meeting as amended. All voted in favor. February 16, 1989. Egan moved, Gustafson seconded, the motion to approve the minutes for the February 16, 1989, special Council meeting as presented. All voted in favor. FIRE DEPARTMENT/REMUNERATION:4OR COURT APPEARANCES City Administrator the matter to the Council. Chief Southorn briefly summarj,;ed the request. Councilmember Egan questioned how::often firefighters were summoned to court. Chief Southorn stated it occurred twice in the Page 2/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 last year. Councilmember MdOz:ea recom�i6ded approval of the request due to the excellent servi6e:..1bf::the.:-:figefighters. McCrea moved, Gustafson seCoiiAed, the motion to approve the request for a remuneration for court appearances at the rate of $50.00 for one-half day at court and $100.00 for a full day at court. All voted in favor. FIRE DBPAit'fMENVSfkOMS PROPERTY City Administrator Tom Hedggs briefed the Council regarding the matter. He stated the value was:;tietweei" $800.00 and $1,600.00. Councilmember Gustafson had:..goe: t:)onn :i:egarding the disposal of the property. Chief Southorn expYanei3<uari'ous ways of disposal. Gustafson moved, Egan seconded, the motion to declare certain equipment as surplus property and that the same be sold to the highest bidder either through the advertisement for bids or at the police auction, to be dete.;mined by the Fire Chief, and; that the City Council recognize the:;:;tK nsfer of two air bottles to the Minnesota State Fire Marsti� ip.......,e for use by that department. All voted in favor. FIRE DEPARTMENT/PER DIRIR::'Ilik P"E FOR FIREFIGHTERS Councilmember Egan cofte;tfed that the matter should be considered at the time the'budget is prepared. City Administrator Tom Hedges stated that the per diem rates must come out of the budgeted amount. Wachter moved, Gustaf.s.o.xi seconded,., the motion to approve the per diem increase from$20.00::::titti::::$S:OU;::f0i::members of the Eagan Fire Department who attend out_df_c ty"trail n.ing as described in the City's policy. This action is retroacti-*6 to 7%bruary 15, 1989 to cover a conference/school that was held :as of tat date. All voted in favor. Mayor Ellison observed that the thkee fire department items were examples of why the City of Eagan should have a City Manager versus a City Administrator so these types of items need not come before the City Council. Councilmember Egan made inquirie..",Cegarding the staffing for Station 3. PARRS ::tl !A ljB?YPf.Vti?SYS TRAIL City Administrator Tom Hedges up3ated the Council on the background of the matter. Parks and Recreation Director Ren Vraa informed the Council that the trail alignment was a deviation from the preferred alignment. He Page 3/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 explained the neighbors' Apposition. Re..informed the Council there were three options: (1) td�:g.r.o.ceed; (11Vto cancel the trail; and (3) to wait until the land tra4 tressed that it was an important trail. Councilmember Egan asked when the eight year period began. City Administrator Tom Hedges responded two years ago. Egan stated the City could deal with the new owner and that the property would probably be sold in theCouncilmember Wachter felt ............. . ......... there should be an eventu&1::`i&dhft3 ft: lad ft' Wachter moved, Egan seconded, the::ijotion to postpone proceeding with the Unisys trail from ouar,0._-..s .to kiot Knob Park until the yi:- semi -conductor facility . s . Uder a different location for the trail. All voted in fa'44i� PUBLIC WORKS DEPARTMENT/1989 SEWER AND WATER RATE STUDY /1989 USER FEES City Administrator T ' om ' Hedge Council. Public Works Dirint''t.'i 0,r -:-...T0 for the request. He stated`tffi-4-:* increase in the rate per 1,00.0. ga 83 of the 1989 Sewer and Wate'.';.. Ra increase. presented the matter to the Colbert explained the necessity :::,irp% referred to the net dollar Orig. Mr. Hedges referred to page S.U40y which discussed the MWCC Councilmember Wachte 'p::.'60'm ... mented he felt the single-family water rate seemed too high. He would like a cost breakdown on the billing. Mr. Colbert discussed various billing options and indicated a review would be conducted regarding the options. McCrea moved, Egan secande and Water User Fee and amtfio 6r" full quarter of 1989, and - dir6c breakdown options. All voted in PUBLIC WORKS (PROJECT on to adopt the 1989 Sewer mentation for the first to pursue the billing I AVENUE WATER SUPPLY I) City Administrator Tom Hedges and Public Works Director Tom Colbert briefed the Council on the matter. Wachter moved, Gustafson seconded�:�"jthe motion to receive the report for Project 531-11 (Lexington XV4nue Water Supply) and authorize the preparation.:..*f.:.:det.a.tled:.:.p ans ... and specifications for Contract 88-06. All .... City Administrator Tom Hedges summarized the matter for the Council. Public Works Director Tom Colbert informed the Council that the proposed ordinance was drafted by Kevin Eide and reviewed by Jim Sheldon. Egan moved, McCrea seconded;:; th'p''ipotion to adopt the amended ordinance entitled "Winter Seas0"h:Parkang° (Section 9.09) and authorize the Mayor and City Clo,:r.k to,g;xecute all related documents subject to compliance with::pudz.X.: not ;#:i cation in the legal newspaper. LEXINGTON POST OFFICE Councilmember Wachter questioned if the Council would resolve to expedite the off-street parking problem at the Lexington Post Office. Police Chief Pat Geagan iMd the Council he had written a letter to the Postal authoritiesh.e. County would post the road if requested by the City. HeI:::�e:;:would continue his efforts in regards to the matter. F3R�:X S, "RIG City Administrator TOii Hedges informed the Council that the quotations for the fire grass rig had been secured. He stated that Wilroy Ford was the low bidder, which low bid was under the budgeted amount. Councilmember McCrea questioned if the $14,778.00 was the total expense. Chief Southorn stated yes. McCrea moved, Egan Ewi i&i de8 :p:::::U0::; iitition to accept the bids and award the contract for the fire.gxass ri.g to the lowest bidder, Wilroy Ford, in the amount of All voted in favor. CONSOT AG$UA 1. Half-time Clerk/typist in Community Development. It was recommended to approve the hiring of Rale Jaeger as a half-time clerk/typist for the Community Developp-int Department, subject to successful completion of the City's physical examination requirement. 2. Police Officers. Councilmember McCrea questioned .::there were any female and/or minority police officers being hired. fe was informed there was one female police officer and no minority police officers. Page 5/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 It was recommended to::::approve the:,biring and Trent Johnson in Marcliif'.'; 1.989, and:i4iffrey Anderson in May, 1989, as j4A-ta.::;:4>.ffJ�9rs for subject to successful compleil';"O"h''.':*:ji.:':'::'"t'b'e City's psychological examination requirements. B. Plumbers Licenses. of Tomma Freundschuh Johnson and Michael the City of Eagan, physical and It was recommended to: -f r plumbing licenses as ::O., presented. .. Councilmember matter. She stated City of Eagan. McCrea-questionied:::the terminology regarding the that she hoped the seniors were recruited from the It was recommended to approve the public service agreement between the City of Eagan:: ' *,;4..Greenview, Inc. for provision of compost site monitoring s647'..6. -2:00-g.for 1989 as presented. ....... ... .:.for - D. Dakota County Tax For-feit''Pai-tiel A. .... It was recommended to ap —h �e City's retention of those parcels identified as ParcgJ`8:::: . 12 and 13 of the Dakota County Tax Forfeit Parcels. E. Resignation. Member of Airport Relations Committee. It was recommended to accept the resignation of Dennis Gagnon as � .. 14 a member of the Airport Ro�,:e:ti n;p..,ommi-ttee and advertise for his replacement. vm;gw-E*3�9 IF, L146 F', IF I I WORM) OR I L -M Rl-.11 0 It was recommend license for St. John Neumann's spring dance. consumption play G. Contract 88-5. Final Payment/Acceptance (Well No- 13 - Pumphouse and Facilities).. It was recommended to approve the:":Tinal payment for Contract 88-5 (Well No. 11 and authorize the acceptance for perpetual ma1-mi:411ante." Page 6/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 ...... .... B. Vacate Public Access.—J'"on/Orde (Outlot A. Eagan Woods ;mi.. Park) it was recommended to petition to access easement (Outlot A, Eagan Woods Office Park) public hearing to be held on April 18, 1989. vacate public and schedule a It was recommended to receiv-e the .'bids for Maintenance No. 125 (Miscellaneous Equipment. -:and Attachments) and award contract to Midland Equipment,.::1."' as -Pe low bidder in the of $25,377.00. ......... .. J. Vehicle the amount It was recommended to approve the plans and specifications for Contract 88-28 (Fire Stattom No. 1 - Parking Lot Improvements) and authorize the advertisemeWi�t:d..r-...a bid opening to be held at 11:30 a.m., Wednesday, April 12, 0::::- K. Contract 88-29, Approve rhan9es:jprdpr No. 2 (Well No. 13 - Completion Date). It was recommended t6.:::Apjjrove change Order No. 2, Contract 88-29, (Well No. 13 - Completion Date) with an extension from March 8, 1989 to March 24, 1989, and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to approe the::1-inal payment for Contract 86-12 (Wells No. 8 & No. 9 - Pumo'*ouse::::.ind Facilities) and authorize acceptance for perpetual maintenance. M. Contract 87 -AAA. Final Acceptance (Stuarts 2nd Addition - Utilities). It was recommended to approve the...final acceptance for Contract 87 -AAA (Stuarts 2nd Addition .- Utilitiii) for perpetual maintenance subject to warranty provisions. N. Ago ov Final Pla94� �es Second Addi tion. It was recommended to approve the'....final plat for Safari Estates Second Addition and authorize the Maydt'and City Clerk to execute all related documents. Page 7/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 0. It was recommended to Fourth Addition and author related documents. P. It was recommended td -AU feasibility report, plans and %I- I A% 'final plat for the Safari r and City Clerk to execute all preparation of the ons for Project 562 (Well It was recommended to authorize the preparation of the feasibility report, plans and specifications for Project 563 (Well No. 15). R. Contract 87-35. F.i41::i::�4yment/Acceptance (Brittany 10th - Trunk Storm Sewer). It was recommended to apo'rov Contract 87-35 (Brittany l0tk� acceptance for perpetual Ge S. ifth and final payment for orm Sewer) and authorize It was recommended to approve the fourth and final payment for Contract 87-36 (R&B Addit.ip.n/Wb.ieper.inc.,Woods 2nd Addition - Utilities and Streets) for perpetual City maintenance. 'did th-'.' McCrea moved, Wachter seco"..... ...-p motion to approve the foregoing consent agenda items ad:.:presit4ted and authorize their implementation. All voted in favor. FINAL ASSESSMENT HEARING/TOWN CENTER - STREET LIGHTS (PROJECT NO. 519) City Administrator TOM Hedges pre:.*:6:::#nted the matter to the Council. Public Works Director Tom Colbe'"irt updated the Council regarding Project 519. . 'BE McCrea moved, Wachter seconded, the motion to close the public hearing and approve the final assessm4itjt, roll for Project 519 (Town Center - Street Lighting). All voted 11,:"n:::f avor. Page 8/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 USAC APPO*— TENT City Administrator Tom hid*::iipi$ated the Council regarding the matter. Gustafson moved, Wachter seconded, the motion to appoint Dustin Mirick as the City's MASAC representative. All voted in favor. McCrea moved, Egan seCffti23:`::tlra''jrtcition to approve a formal request to MASAC to increase the::::City iW Eagan's representation from one member to two members. All voted in.f avor. SOLID WASTE PAYMENT City Administrator Tom Hedges introduced the matter to the Council. Administrative Assistant Jon Hohenstein explained the recommendation and informed the Council that there was an exceptional response to the recycling to date. Councilmember Wachteii:;giu�s;tioned the future recycling targets. Mr. Hohenstein described tFfe £:fE:Sse;,secycling targets. Egan moved, Gustafson se:�bnded,,..;�hs; motion to approve (1) authorization to support payrt4hts:::tb::::h4ii1ers at the rate of $20.00 per ton for recyclables co1:3e;td:aE the curb and verify as returned to recyclable markets by t126:�appropriate documentation including weight tickets; (2) authorization to staff to subunit an application to amend the County Landfill Abatement Funding Application in the amount of $23,288.00 to bring the maximum available for tonnage rebate in 1989 to $50,000.00; and (3) authorization of a $5.00 per ton rebate for targeted recy.clabl.*&:.;.for,:.drop-off programs operating within the City. All vote.::;i:dYo;r:::::::::: SPECIAL USE PERMIT/C[)8 FOOOJGREENHOUSE SALES City Administrator Tom Hedg44upd W the Council on the matter. Councilmember Wachter stated he felt it was an inappropriate request, of which he was not in favor. A representative for Cub informed the Council that Cub sold greenhouse products in the spring and home products in the fall. Councilmember McCrea had concerns':4--'egarding shutting down the small businesses in EaganEgan asked if it would adversely effect the":elopment Director Dale Runkle replied no. Councilmember Gustafson commented that Cub could sell whatever they wanted to and that it waas::::not the City's business. He stated that the parking was not effectied and that the real issue was whether the 24 space use would violate Code. Councilmember Egan Page 9/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 concurred with Councilmembsz Gustafsoa,.;,Mayor Ellison stated that it was becoming difficult to:- rk at Cu4:;Ib t that it was the developer's decision. The developer informed the''Council that the location for the power supply was in the light pole. Councilmember McCrea pointed out that outside storage was not allowed in Eagan and that Cub could not have things out over night. The developer stated that the shrubs would not survive inside. City Attorney Mike Dougherty.:'indi.ft.-ted that there was a Planned Development and that under the underlying CSC, outdoor sales and displays were allowed. Gustafson moved, Egan,X-,X:-::t ie motion to approve the application for a special use permit as applied for by Cub Foods to allow a temporary greenhouse from April 20, 1989 to June 5, 19891 subject to the following conditions: 1. The special use pe;r;git is temporary and shall expire after June 9, 1989. 2. A building permit must, tie ii3tiined through the City's Protective Inspections Division. X. 3. The building shall -be, -:v- n"ended and shall be placed within the fenced sales area to 41 &W exiting through both ends. 4. The permit shall be subject to all applicable Code requirements. Gustafson, Egan and El;l;i&o.r<;.vr!ted.:,in favor; McCrea and Wachter voted against. SPECIAL USE PERMIT/TRI-LAHA:::PARTptSHIP/GOLF DRIVING RANGE City Administrator Tom Hed4os infpfined the Council that at the Advisory Planning Commission meeting it::was determined that a preliminary plat would not be required and that a special permit would be adequate for this type of use. Community Development Director Dale Runkle summarized the application for the Council. He recommelded to the Council that if the matter were approved, there should::`be a licensing requirement. Brad Swenson (Tri-Lattd}:'::ui oacii 0': a Council he was available for questions. Sharon Swenson stated there was a planned completion date of May 15, 1989. Mayor Ellison gii;eStioned how long it was planned for the land to be used as a golf range. Ms. Swenson replied five to seven years. Page 10/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 Mayor Ellison asked Mr:, Runkle i£. -licensing could be revoked. Mr. Runkle stated it woui&:; )je.. a consi"iation. Ms. Swenson commentedthe 6t*`would be one bathroom in the facility and that a building plan would be submitted to the City. Egan moved, Gustafson seconded, the motion to approve a special use permit for a golf driving::range located within the Lexington South Planned Developments:iG:::ui1i::�y Tri -Land Partnership of Eagan - Eagan Center 3rdAc1i33t3osna3$ct to licensing requirements. All voted in favor. CONDITIONAL USE PERK-1*/DAVAkW- 'S/ON-SALE LIQUOR, 3.2 BEER :9k W:j: i Cis�f t LAKE CENTER City Administrator Tom Hedges updated the Council regarding the matter and stated that the Advisory Planning Commission recommended approval of the application. Community Development Director Dale Runkle summarized the application for the Council. The applicant was available at the meeting ic.r.questions. Egan moved, McCrea ser:::tk�e,.motion to approve a conditional oafiiie use permit to allow on -sale 3.;,2 6eet::::eitd wine in a community shopping s.� center district for Davanni'it the::QAff Lake Center Addition, subject to the following conciftioiH;?::: 1. Approval by the Ckty''S. Police Department through the investigation process. All voted in favor. CONDITIONAL USE COMPANY/MOTOR FUEL SALES City Administrator Tom Hedges, inf6i1ned the Council that the Advisory Planning Commission red6inmendiA approval of the application. Community Development Director b�;e Rul}"'le summarized the application for the Council. Jerry Archer (PDQ) was available for questions. Councilmember Gustafson commented that the traffic in the center was limited to one access and questioned: why not leaving the other access open. Community Development Dir.e..Ctor Dale Runkle pointed out that one access could handle the circu-1�tttion. Councilmember Egan as[ce@: if ::kie:isl3pps to the east would be impacted by the canopy. Mr. Runkle replied that the present uses were not retail. He further stated there ward be access through the service bays. Page ll/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 Councilmember Egan asked how the...p.ump differed from Hilltop. The developer explained the dit-t4prence ag :Stated that PDQ would expand into the old bakery spot. Councilmember Gustafson asked if there was single family across from the pumps. He commented that Blackhawk Plaza was similar. Mr. Runkle stated that there was single family across from the pumps and that everyone had been notified within 350 feet. Councilmember Egan pointed out that Blackhawk:::'3; A. add:?iR�b.er safety issues. Public Works Director Tom Colbert'stat a "ttidt; lilackhawk Plaza had inadequate circulation. Mike Eichorn described the':.:' t,:Qpecifications. He commented that a flat lens could be?:iis I:Ad:::: o. ' :de less spill-over. Mayor Ellison requested the additi6fi of��:'a<::condition requesting staff to work with the developer to prevent light spill-over. Egan moved, McCrea seconded, the motion to approve an application for a conditional use permit to allow motor fuel sales in a neighborhood business district located at the Silver Bell Plaza along Silver Bell Road iri:� e::;southwest quarter of Section 17, subject to the following coridit.eiis:.;.;, 1. All signage shall be :gubjeet;:;ti#::::the one-time sign fee of $2.50 per square foot. 2. The final landscapt:-'plan will be submitted with the building permit application. 3. The review and approval of this site plan by the City for the construction of the proposed use is subject to the following requirements: a. The proposed driveWay is.required to be 30 feet wide with 30 foot curb return radii.::;: b. Positive drainage tia the ii sting on-site catch basins. c. A maximum driveway slope of 68. d. A concrete valley gutter is required across the driveway opening along Silver Bell Road. e. A permit is required from'the City for work in the public right-of-way. 4. The applicant is to meet staf€,!.$ approval in connection with the prevention of light spill-over. Page 12/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 Gustafson, Ellison,, Ega:".:.: McCre voted in favor; Wachter voted against. 'TARGET/TREE REMOVAL RROURST City Administrator Tom Hedges informed the Council that Target was requesting the removal of.Qne oak tree to allow better visibility 4i. of the Target sign. Communi:�be.`! ........... t 'irector Dale Runkle explained the layout to thet 'i-fiiormed the Council that KnDOT required $8,300.00 of landsd4-ging ::the tree were to be removed. He further stated that the-devel-pper was doing a good job with the other landscaping. He r.q ted...t�at the tree was on highway property. Councilmember McCrea commented there was a hardship situation. Councilmember Egan remarked that the landscaping may be preferable to the tree. He stated that relocating the sign would create a greater problem. Councilmember Gustafson emphasized that the tree was there before Target and questioned..4.Why the matter was before the Council. Bruce Warzel (engineer) ihf.6 Council he was negotiating on his client's behalf with KnDQ.T. 4::Otated the developer foresaw a reconveyance of the right-of-wak.': which,-.-0.i:a: not happen. Egan moved, Gustafson se.dd..`.,..'a' the motion to approve an amendment to the site plan ill6iAng Target to remove one (1) oak tree to allow better visibility of the existing Target sign. Gustafson, Ellison, Egan, and McCrea voted in favor; Wachter voted against. REZONING/CLIFF RIDGE ADDITION City Administrator Tom,':A*ft69:::* . "O',zed the application for the Council. Community Development Dire.ptor )..)..ale Runkle described the proposed development to the Council:; He commented that a variance XX regarding the cul-de-sac was unneq.*:asary.:::.:. Ray Brandt (Brandt Engineering) infdi'med the Council the developer had met with the neighbors and that a realignment of the road would be a problem. He commented that there would be an attempt to save the trees on the lot lines. Be outlined the drainage system. Mayor Ellison asked to be shown where the.. -:trees were located. Community Development Director Dale Runk -1e described the location of the trees. Don Smith, 4557 Oak the APC concerns. He had concerns regarding transition, the matching of the lot lines and more expensive homes. He stated the dev4-1-'Q"'per had not given on the Page 13/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 issue and that the trees should be saved or replanted along the property lines for a buff'J"" He refeFenced the Comprehensive Guide Plan. Tom Tweeten, 4550 Oak Chase4ay, thanked the developer for the meeting. He reaffirmed Mr. Smith's concerns. He stated he felt the pond easement should be given to the City. He also had concerns regarding the drainage. He commented that the lot sizes were smaller. John Klein (broker fft"-'tae previous comments. He reported the City; the adjacent property property was trying to make the; the City should approve thg.:.p>•4', engaging in snobbery. iW"I.tated he was disturbed by the t the:lots meet the requirements of s built on a swamp; the adjacent ter4.4 property hold its drainage; that the neighbors were Councilmember Wachter asked why there was not direct access. Mr. Klein stated the County did not want a third access. Tim Lilly, 3548 Oak Chase Way, stated the drainage was not going onto the Ostertag property:3i:tit::.:.that the water would accumulate on his property. He commented that'::t3ie:::;ae;i rs were only trying to protect their property values. Councilmember McCrea recommelided that the staff should elaborate on the water problem. Public::O r:ks'Director Tom Colbert responded that the Oak Chase 6th Ad :.Ion was required to create an interceptor ditch until the Ostertag property was developed. He outlined the proposed drainage to be installed with the development and stated that the final plat would require detailed drainage layout. Councilmember Egan queati:4ned.;ii`...;th,e lot sites were a problem. Mr. Colbert stated no that;.. ........ :.,.gme poor soil on three lots. Egan had questions regarding"access:'llr: Colbert stated it did not meet the spacing guidelines of tine Comity. Mayor Ellison remarked that the dual entrance would heT34:acceaa. John Klein reported that the back:� ards would be abutting the back yards of the neighbors. Mayor Ellison commented that there would not be estate zoning next to multi -residential. He reported that the Council enforces minimum lot sizes and that single family was the transition to the multi -residential. Councilmember Wachter remarked that access to Cliff Road was poor. Wachter moved, Egan se.ppnded:i.:;:th.,e:::piotion to approve the application for the rezoni:fi!:*:;::te :;;#gi: cultural acres to a Single Family district, as submitted by Argus Development for the Cliff Ridge Addition. All voted in favor. Councilmember McCrea had questions regarding the trees and stated there was no condition in the APC minutes. She asked if a tree Page 14/EAGAN. CITY COUNCIL MEETING MINUTES March 21, 1989 survey had been conducted.:.:. :The develope.r' stated the survey had not yet been done. John Klein i&itlined thW�:j:iee layout and the slope. Mr. Colbert stated that trees v0t.. d;.;4e :.1*C "through the grading process. Be stated the developer co ul:;:idc;;:oiily the roadway and let the home builders save the trees. Mr. Brandt commented that fill would need to be provided from off-site. Councilmember McCrea questioned if some trees were visible from Cliff Road. Mr. Brandt stated yes but that they would not be lost. Mayor Ellison requested the developer save as many trees as possible. Coun:4j1-Member:::&9an had concerns regarding proposed condition number Egan moved, Gustafson sec preliminary plat consisting of Avenue and north of Cliff ;R044 27, as submitted by Argus:Deve' to the following conditions: the motion to approve a ots:::I�bcated west of Lexington he::s utheast quarter of Section pt�i"Cliff Ridge Addition, subject 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C5, El,.,.. Fl and G1. 2. The variance for -de-sac shall be approved. 3. The development is regvired Go:::submit a grading plan which accurately shows the existing::;:adjac?ant:::topography. 4. The grading plan siial'tie revised along the west side of this site to match the existing back yards of the westerly adjacent lots (Lots 1 and 3, Block 1 and Lots 1 through 6. Block 2). 5. The drainage swale with a minimum slope of 1.58 along the backyards of the lots that,.;ab.pt, Oak..Ghase 6th Addition is required. 6. The development is Yespoiishl'e','for matching the existing street grades provided in the ad�'Acent:::Ches Mar East 5th Addition and Oak Chase 6th Addition. Xx 7. A storm sewer outlet is requirii for the landlocked low area located in the southeast corner of this site. 8. The development is required to provide a storm sewer outlet to the southerly boundary of the prope;ty adequately sized to handle approximately 16.4 acres of runoff. 9. The development w:L.l..::..b*.::::r.essoris:i.:ble for intercepting the existing 18" storm sewer t31 `ci #ris::::.C, erly along the lot line between Lots 4 and 5, Block 2, of Oak Chase 6th Addition. 10. The development is required to::ektend its storm sewer outlet to the normal water level (NWL) of Pond LP -70. Page 15/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 11. The development will be required to limit phosphorous loading to Carlson Lake to predevol pment leve#;s. 12. The proposed water rifat:pEitas shown is not acceptable and subject to further review by si.a 13. The well and septic system to be abandoned in accordance with the City and WPC standards. 14. The developer to wtitii' :i#Cii: ttaf to save as many trees as possible. Wachter, Gustafson, Ellisoi<.:and $g'n voted in favor; McCrea voted against. There was further discussion Between Mr. Brandt and the neighbors regarding the drainage. The neighbors requested a stop sign. PRELIMINARY. PLAT/RABNCLIFF 3RD ADDITION City Administrator Tdiil:06ftes... briefed the Council on the matter and stated that the Advisory.: -.- of recommended approval of the Rahncliff 3rd Addition:;::prelim nAxy plat. Community Development Director Dale Runkle summarized.;:the::l�ii:ication for the Council. The applicant was not pre sent_.at:,.,t-h :tiieeting. Councilmember Gustafson stated he felt the parking was inadequate even though it exceeded Code. Mr. Runkle stated that the volume on the drive through would not require a conditional use permit. McCrea moved, Gustafson:::Pzm :d ::the motion to approve the application for a preliminary 'plat -cdttisisting of Outlots A, B. and C of the Rahncliff 2nd Addition lkated oouth of Cliff Road and east of Rahn Road in the northwest quarties of Section 32, as submitted by Rahncliff Crossing, Inc. - Rahn6lxff 3j� Addition, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: B1, B2, Cl, C2, C4, El, and F1. 2. The undeveloped lots shall be.:;.reviewed by both the Advisory Planning Commission and 3. The buildings will [ie constructed on all sides with brick consistent with the building approved::: the Rahncliff 2nd Addition. 4. All signage shall be subject to the one time sign fee of $2.50 per square foot. Page 16/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 5. The trash enclosune.::-shall be permitted next to the restaurant on Outlot C and shall be 6448:tructed: ..>the same materials. The Planned Development Agreement::;:modified to reflect this change only on Outlot C. 6. The development is responsible for dedicating appropriate cross easements for traffic circulation. Gustafson, Ellison, F.dk?j; & it i 0 voted in favor; .Wachter voted against. RIDGEHAV:EN ADDITION Marty Camp (on behalf::::Ot::S .eV:e`;it?iAi$ey for Ridgehaven) informed the Council that all of the eocumefitB`were completed and executed. He stated that a third extension would put the project in jeopardy. Councilmember McCrea questioned if action would be appropriate and stated she felt the Council should not act on the matter at the present time. Mayor Ellison informed Mr. Camp the Council could not act on the matter at the March 21, 1989 meeting. Mayor Ellison suggested the matter may .be heard at the March 28, 1989 special workshop meeting, if 6*�'Kythxng was in order. PRELIMINARY PLAT:EXTSM1W' REMICK ADDITION Community Development:::p.'±ect&r Dale Runkle updated the Council on the matter. Egan moved, Wachter seconded, the motion to approve the preliminary plat extension for Remick Addition for one year (until March 31, 1990). All voted in favor. PRELIMINARY PLAT EXTI4LI8bN{SiERIAG WOODS 4TH ADDITION Wachter moved, Gustafson seiidnded:**the motion to approve an extension to the preliminary pl t::::for *h1spering Woods 4th Addition for one year (until March 31, 1990). Al ::voted in favor. NATIONAL LEAGUE OF CITIES Mayor Ellison, Councilmember McCrea and City Administrator Hedges updated the Council on their attendance at the National League of Cities Conference the previous week;: n Washington, D.C. BURNSVILLE/EAGAN CABLCOMMISSION ANNUAL REPORT Egan moved, Gustafson seconded, the:motion to acknowledge receipt of the Burnsville/Eagan Cable Communications Commission annual report. All voted in favor. Page 17/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 RESIGNATION/GORibB..,STADFF/SWINEERIPG TECHNICIAN Public Works Director T&::''C.ti3bErt informed the Council that Mr. Stauff had been an excellent employee. Wachter moved, Gustafson seconded, the motion to accept the resignation of Gordon Stauff..ar,_an Engineering Technician for the City of Eagan, and to adve#;.se::::#gs`:::::ttplacement. All voted in favor. ....."' SEASONAL PARSr, lAINTENit CE NORRSR Gustafson moved,Wach:teF:secbaeh:tl the motion to ratify the hiring of Hugh Peterson ae,"g`'seasdl ::-parks maintenance worker, to begin employment March 20, 1989. All voted in favor. DISCUSSION City Administrator TQ m;::.fledges updated the Council on the following: the budget do tf:::;::the packet policy review, the Council workshop on March 28, 1989,kie::ait4E?.:regarding goals and objectives, and the 35W study in regards :to tfie::bbst, participation. City Attorney Mike Dough�I :.:J-pfcrmed the Council that the HUD property had been acquired:;;k::::fe City of Eagan for the reservoir st�` site. He further stated tlihe had been in contact with the developer of the Soderholm Addition who showed an interest in purchasing the old reservoir site on Lexington Avenue. Councilmember McCrea stated she felt it made sense to sell. Mayor Ellison felt that the Soderholm site should be integrated with the City site. Gustafson commented that the land is::::Fa�[_:;:SaI.e:::;and::.that staff should explore the sale possibility. Councilmember Gustafson co>sianted:hat he felt the time had come to improve Rahn Road. CouncilmemgEser Wac*ter stated that Rahn Road was bad. Councilmember McCrea suggested the:::necessity to downscale the project. Public Works Director Tom Colbiit stated the width was a minimum to receive state aid and there would be the possibility of losing state funds. Gustafson stated the street was close to ruin and that the matter had to be dealt with. Mayor Ellison instructed staff to investigate the matter and make a re.pommendation to the Council. Colbert stated he would have the feasi-iAlity report updated with cost estimates. Gustafson requested staff bring back the original plan as a staff report. Mayor Ellison commented that the .et.aff had provided good information regarding the Senate Tax d.0.0mittee update. Councilmember Egan requested that the Attorney Comstock letter be distributed to the Councilmembers as soon as it is received. Page 18/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 Councilmember McCrea'mx;XXed she;k-iiW received•a letter from Jerry Barker in the Town Center that five 'small businesses had gone under. She further G'tated::t#iat the Cub Foods greenhouse operation discouraged her and she felt that the Council should keep the existing businesses in Eagan healthy. Councilmember Egan stated the City could not keep all large businesses out. McCrea,also mentioned she would like cluality in the commercial/retail areas. CONTRACT 87-B/LONE :b*M.?:UTILITY IMPROVEMENT Public Works Director Tom rolbert.:.recommended final acceptance for perpetual maintenance of Cont:act;#7�H. He stated that the letter of credit was due to expi[$.'-': Gustafson moved, Egan seconded, the motion to approve final acceptance for perpetual maintenance of Contract 87-H (Lone Oak Drive Utility Improvements). All voted in favor. CHECKLISTS Wachter moved, McCrea sero i4ed-j.;,the motion to approve the checklist dated March 21, 198:4;. in 'tRt amount of $742,472.49. All voted in favor. RNMENT Upon motion duly made by Gustafson, seconded by Egan, the meeting was adjourned at 10:00 p.m. All voted in favor. THE CITY OF EAGAN E.::i:Z. Vah0verbeke, City Clerk X� LnITt LbU�C_1� �-C. —I s°5o7o Iv —✓— �o O� rJs \n,o_v.�� o.a J.o`N'�� III i reCj4 LL lit K II� _II Pry Ce=w.�_.s`.a�T.+) .��-•-�<w..�,w�,..� W-v.n—F.._ AGENDA REGULAR MRETING\ EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING APRIL 18, 1989 6:30 P.M. I. 6:30 - ROLL CALL 6 PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. DEPARTMENT OF PUBLIC WORKS P' 1. Project 562A, Approve Resolution Supporting Site Location (Well #14 -Thomas Lake Park) 3 2. Request for Extended Hours and Days, Grading Permit EX 13-088, Gopher Eagan Industrial Park IV. 6:55 - CONSENT AGENDA (PINK) P•7 A. PERSONNEL ITEMS Pr'\ B. PLUMBERS Licenses p .q C. PROCLAMATION, City of Eagan Arbor Day 1 3 D. PROJECT 566, Receive Petition/Order Feasibility Report (Coventry Pass - Trunk P\ Utilities) �3 E. CONTRACT 88-09, Receive Bids/Award Contract (Cliff Road Booster Pump) (�F. CONTRACT 88-28, Receive Bids/Award Contract (Fire Station #1 - Parking Lot) 1-1 G. CONTRACT 88-34, Receive Bids/Award Contract (Alden Ponds - Streets 6 Utilities) A H. PROJECT 544, Receive Final Assessment Roll/Order Public Hearing (Mallard Park - Streetlights) I. PROJECT 523, Receive Final Assessment Roll/Order Public Hearing (Stoney Point 6 Blackhawk Ponds - Trunk Watermain) p \O� J. PROJECT 515, Receive Final Assessment Roll/Order Public Hearing (Dodd Road - \ Overlay) aO K. PROJECT 530, Receive Final Assessment Roll/Order Public Hearing (KinderKare - Watermain) 2 0 L. FINAL PLAT, Alden Ponds PROJECT 564, Receive Petition/Authorize Feasibility Report and Detail Plans and Specifications (Rahn Cliff 2nd Addition - Streets) 2 2,N. PROJECT 565, Authorize Feasibility Report and Request for Proposals (Cliff Road Water Treatment Plant) :�,3 0. FINAL PLAT, Blackhawk Ridge 2nd Addition s P. CONTRACT 88-24, Approve Change Order #1 (Lexington Avenue Reservoir) 2(,Q. PROJECT 562, Receive Report (Well #14) PQ r R. PROJECT 563, Receive Report (Well #15) !4 SCONTRACT 88-31, Approve Change Order #1 (Well #12 - Completion Date) Rq4 T.. CONTRACT 87-14, Final Payment/Acceptance (Country Hollow Sanitary sewer Lift P' / Station Equipment) p.0U. CONTRACT 87-12, Final Payment/Acceptance (Lexington Square 6th Addition - V y/ Streets and Utilities) V. CONTRACT 87-17, Final Payment/Acceptance (Blackhawk Road - Street) el q4 W. CONTRACT 87-41, Final Payment/Acceptance (St. Francis Wood 6th Addition - P Streets 6 Utilities) P�4 (eX. CONTRACT 88-19, Final Payment/Acceptance (Well #5 - Repair and Maintenance) Y. PROJECT 567, Receive Petition/Authorize Preparation of Feasibility Report (Effress Addition - Storm Sewer) V. 7:00 - PUBLIC HEARINGS (SALMON) A. PROJECT 487A, Final Assessment Roll, Braun Court - Streets & Utilities r S(o B. VACATE Public Access Easement, Outlot A, Eagan Woods Office Park 1 VI. OLD BUSINESS (ORCHID) S9 A. CONSIDER Special Assessments Related to Conditional Use Permit, Metram fProperties, Motor Fuel Sales, Lot 1, Block 1, Silver Bell Center Addition VVII. NEW BUSINESS (TAN) P S7 A. DISCUSSION, Eagan/Mendota Heights Corridor 14B. REQUEST to Reconsider Alignment of Trailway Adjacent to Daniel Drive and q Lexington Pointe Parkway 109C. DECLARE Miscellaneous Property Surplus/Authorize for Sale and Auction on June P, 3, 1989 VARIANCE, Bobby and Denise Warfield, a Request for a 10' Frontyard Setback to the Required 30 Feet, Located at Lot 4, Block 2, LeMay Lake Hills (1345 Towerview Road) F'11�E. PRELIMINARY PLAT, Kingswood 3rd Addition/Horne Development, Consisting of 46 Single -Family Lots on 28.0 Acres Located along the West Side of Pilot Knob Road in the SE 1/4 of Section 16 and NE 1/4 of Section 21 130F. PRELIMINARY PLAT, Eagan Center 3rd Addition/Tri-Land Partnership, Consisting of One Lot and Three Outlots on 32.21 PD-csc (Planned Development - Community Shopping Center) Zoned Acres and a CONDITIONAL USE PERMIT for a Daycare Facility in a Community Shopping Center District Located Along the East Side of Lexington Avenue, South of Kensington Trail (extended) in the NW 1/4 of p Section 26 C. COMPREHENSIVE GUIDE PLAN AMENDMENT, Soderholm Addition/Eagle Enterprises, Changing the Land Use Designation from D -I (Single -Family, 0-3 Units/Acre) to LB (Limited Business), a REZONING of 7.89 PD R-4 (Planned Development - Multiple Residential) Acres to a PD LB (Planned Development - Limited Business) District, a PRELIMINARY PLAT Consisting of Eight Lots and a CONDITIONAL USE PERMIT for a Pylon Sign Located in the Northwest Corner of Lexington Avenue p and Diffley Road in the SW 1/4 of Section 23 H. COMPREHENSIVE GUIDE PIAN AMENDMENT, City of Eagan, and a REZONING of Approximately 1.5 R-4 (Multiple) Acres Within'the Lexington South Planned 1� Development to LB (Limited Business) Located North of Diffley Road.and Along the West Side of Lexington Avenue in the SW 1/4 of Section 23 I. PRELIMINARY PLAT, Trammel Crow Company/Eagan Woods Office Park II, Consisting P+\� of one Lot for an Office Building and an Outlot for Future Development on 25.9 PD (Planned Development District Acres Located in the Southwest Corner of Pilot Knob Road and I-494 in the NE 1/4 of Section 4 J. COMPREHENSIVE GUIDE PLAN AMENDMENT, Rasmussen College System/Rasmussen College IVY Campus, Changing the Land Use Designation from D -III (Mixed Residential, 6-12 Units/Acre) to LB (Limited Business), a REZONING of 8.52 R-4 (Multiple Residential) Acres to an LB (Limited Business) ,District, a PRELIMINARY PLAT Consisting of One Lot and One Outlot and a CONDITIONAL USE PERMIT to Allow a Private School in a Limited Business District Located Along the East Side of Federal Drive, South of Washington Drive in the NE 1/4 of Section 16 VIII. ADDITIONAL ITEMS (GOLD) LB. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) %I. ADJOURNMENT �;. MEMO TO: HONORABLEMAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 13, 1989 SUBJECT: AGENDA INFORMATION FOR APRIL 181 1989 CITY COUNCIL MEETING ADOPT AGENDA APPROVE MINUTES After approval is given to the April 18;, 1989 agenda and regular meeting minutes for April 4, 1989, the following items are in order for consideration. DEPARTMENT HEAD BUSINESS A. PUBLIC WORKS DEPARTMENT: Item 1. Project 562A, Approve Resolution Supporting Site Location, (Well $14 -Thomas Lake Park) --With the proposal to locate Well #14 within Thomas Lake Park, certain conditions and restrictions must be adhered to in accordance with Federal guidelines due to the fact that this park was purchased and/or developed with land and water conservation funds (LAWCON) and Legislative Commission on Minnesota Resources funds (LCMR). One of the state and federal agency requirements is the formal passage of a resolution from the City Council verifying that this location has been anticipated and planned for as a part of the overall community's growth and the well is not being placed there as an afterthought. Subsequently, the Director of Public Works has prepared the proposed resolution enclosed on page .2 for the Council's formal adoption and certification which will be forwarded with our application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution supporting the site location of Project 562A (Well #14 - Thomas Lake Par -k). IT RESOLUTION CITY OF EAGAN PROJECT 562A (WELL #14 -THOMAS LAKE PARK) SUPPORT FOR SITE LOCATION WHEREAS, the City of Eagan obtains 1008 of its potable water supply from groundwater acquifers; and, WHEREAS, the City of Eagan has planned for its past, present and future growth through the preparation of Comprehensive Water Supply and Distribution Plans in 1965, 1969, 1976, 1982 and 1988:; and, WHEREAS, each of these Comprehensive Plans identified the need for the development of two extensive well fields in the northern and southern portions of the community; and, WHEREAS, the limitations of the water bearing aquifer formation of the City's water source dictates spacing requirements between individual well locations within each well field; and, WHEREAS, the spacing requirements places several of these wells within public facility zoned property and/or parkland'; and, WHEREAS, the City of Eagan has heldextensive public hearings and neighborhood informational meetings for both the preparation of the Comprehensive Plans and individual site locations for well developments; NOW, THEREFORE, BE IT RESOLVED that the City of Eagan, Dakota County, Minnesota, hereby supports the proposed location of Well #14 .being constructed under Project 562A within Thomas Lake Park as being in concurrence with past and present Comprehensive Plans for the City of Eagan and necessary to provide the required water supply for the City's health, safety; and welfare. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion Made By: Seconded By: Those in Favor: Those Against: Dated': April Y8-, 1989 I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, does 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 18th day of April, 1989. E.J. VanOverbeke,, City Clerk Agenda Information Memo April 18, 1989 Cita; Col;ncil Meeting Item 2. Request for Extended Hours and Days, Grading Permit EX - 13 -088 (Gopher Eagan Industrial Park) --In May of 1988, a grading permit was issued to Shafer Contracting Co., Inc. for the modification to the existing contours of the Gopher Eagan Industrial Park located south of Yankee Doodle Road and east of Trunk Highway 149 which has recently been acquired by United Parcel Service (UPS). This site was also proposed to be used as a disposal of excess materials resulting from the reconstruction of the crosswi runway (4-22) at the Metropolitan Airport. Enclosed on page is a letter from the contractor requesting the variance to City Code 4.30 allowing the grading and filling under this permit to occur 24 hours a day and occasionally on a Sunday as weather conditions dictate. Also enclosed on pages _,r__ through /a are articles in a local newspaper explaining the critical time schedule associated with this project. While this runway is closed for reconstruction, additional air traffic will be diverted over the City of Eagan. Subsequently, a 24 hours operation will allow a quicker resumption of normal air traffic patterns. The route of transportation will be the Mendota Bridge along T.H. 55 to T.H. 149 to Yankee Doodle Road and the disposal site. This is all primarily a commercial industrial area and it is not anticipated that this will significantly impact any scattered residential properties near this project. A representative of the contractor will be at the April 18th meeting to provide additional information as may be necessary. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny a variance to City Code 4.30 allowing extended hours of operation for a 24 hour schedule and Sundays as weather dictates. 3 C° 4.f Vale, SHAFER, MINNESOTA 55074 April 10, 1989 City of Eagan Department of Public Works 3830 Pilot Knob Road Eagan, Minnesota 55121 Re: Grading Permit MER -13-088 United Parcel Service Property Attn: Mr. Craiq E. Knudsen Gentlemen: We have a project with the. Metropolitan Airports Commission toreconstruct Runway 4-22. The project must be completed in a very short time frame, and utilization of the United Parcel Service property in essential to its timely completion. As you can see from the attached newspaper articles and releases, the project will be going basically round the clock, seven days a week. This work should be completed about the middle of May, and we -would hope that we will be able to work that time frame until then. Our current grading permit is valid for working between the hours of 7:00 a.m. to 7:00 p.m,, we are asking permission to 'work -7:.00 p.m, to 7:00 a.m. to cover a124 hour a day operation, Monday through Saturday. In the event we experience a rain day where we cannot work, our contract requires that we work on Sunday. We would also request permission to work that occasional Sunday. Please give this your earliest possible consideration. Yours very truly, S14AFER CDNTRACTING'CO., INC. By: � Robert J.Ru y RJR:so 7 S Frost stalls runway reconstructiona all Art Rebuilding of Runway 472 at Min. mission fled scheduled the work _ '• .: ,;: - - neapollrSL Paul International Air- ®rfY this aPift a it would 6e . . port has been delayed by fiost Lo completed by June 1. typically the .. .. - .. �•'�.:'+ the Goll and new t to begin.- 4 at aur of the Open -window season in ' Monday. 12 days behind schedule. Mionesou " ' ,'' .: :'' -• : `'I ; : i The sg.6 million reconstruction of But Jim Forman, director of air- irthe theairport's leaser used crows wind pon•development, said it is now .. runway will take it out of use, fore- unlikely that the project will be ' ing all airport traffic: onto the two completed by then. darallel runways that need ' . over Mendota Heights and = Frostin the soil is holding up the ':; :.::' .:' `. ; '• ': . . . ! to the southeast and over Minne. ptojois, Fortran said. Under nor ' r._::::;:'::` ;,."•.,; r:' " apolis and north Richfield to the mal 40 -degree temperatures for this northwest, time of year. frost leaves the soil, he ,. said. Tau show that them is sole ' . Residents of south Minneapolis 4.5 Ret of frost in soil under the ". and north Richfield will bear -al- runway: most anataot jet seise between 6 ' . a.m.' and I I pm. In Mendota Forban said that work could start Heights and Fiume the project is .immediately to bank up and re• I expected to be Tai disnrpbve ba move the runway concrete. but that cause plana By over an Industrial it wouldn't be possible to remove corridor. old soils and replace them with ' and until the frost is gout. The Metropolitan Airports Com= r r � r S m M r ko a N A 9 r J4n�22.. UY Runway 4.22 the 'trosswlnd" runway at Mlnneap01134t. Paul International Airport, will be closed to aircraft operations from Much I S to June l of this year beaux rJ reconstruction of the runway The closure of Rtmway 4-22 writ require all aircraft to use the parallel runways r-rriving and departing oyer South Minneapol"orth Rldhfteld and F�atdMemdota Heights. Working with[ the Metropolitan Aircraft Sound Abatement council (Alp CM, the EAC has set an =MUM eonstru2lom schedule in order to mkgmfm the noise impacts -f aircraft and constructlon operations on :., mmplek the work and surrounding neighborhoods, The goal is ROM the runway in time for the normal "open window^ cacon. There writ be night time construction, so our closest neighbors an expect some ;fight ODnstruction Mb; Prtkukdy In the early part of the schedule when the avement Is being reumwM& The chart below shows the pharmed schedule In the heavy dashed line We will lmnval >38 Is M M feuy.tp.o1 lb 31 20% 40% 60% 80% 1100% rn5E NOTE TEM 13 NOMIE RUNWAY 4-Z2 E7ITHMON PROJBCI; E EXTENSION PROJECT IS ON HOLD, PENDING T1111161 MINGS OP AN. MIRONMENTAL AIpACTSTAT mENL i J f ' i beep YW'*M'ed of progress on Elie Prof by exoemding the lower bar o and publishing it In the newspapers every other week. of io The �� Runway 4-22 Is nearly four decades old— welt beyond yens' increased aircraft weights have caused a gradual &Wbration r requWng remr MWIon to begin this year, Reconstruction will be done in two phases, phase I, io be completed t "I involve the remora) and repi-acemesm of the pavement south of the inte Runway Iti<29R. The remaining 2,wo feet wM be completed N early sprint pm1na 4 WCATION 494 Ll ;..; r J4n�22.. UY Runway 4.22 the 'trosswlnd" runway at Mlnneap01134t. Paul International Airport, will be closed to aircraft operations from Much I S to June l of this year beaux rJ reconstruction of the runway The closure of Rtmway 4-22 writ require all aircraft to use the parallel runways r-rriving and departing oyer South Minneapol"orth Rldhfteld and F�atdMemdota Heights. Working with[ the Metropolitan Aircraft Sound Abatement council (Alp CM, the EAC has set an =MUM eonstru2lom schedule in order to mkgmfm the noise impacts -f aircraft and constructlon operations on :., mmplek the work and surrounding neighborhoods, The goal is ROM the runway in time for the normal "open window^ cacon. There writ be night time construction, so our closest neighbors an expect some ;fight ODnstruction Mb; Prtkukdy In the early part of the schedule when the avement Is being reumwM& The chart below shows the pharmed schedule In the heavy dashed line We will lmnval >38 Is M M feuy.tp.o1 lb 31 20% 40% 60% 80% 1100% rn5E NOTE TEM 13 NOMIE RUNWAY 4-Z2 E7ITHMON PROJBCI; E EXTENSION PROJECT IS ON HOLD, PENDING T1111161 MINGS OP AN. MIRONMENTAL AIpACTSTAT mENL i J f ' i beep YW'*M'ed of progress on Elie Prof by exoemding the lower bar o and publishing it In the newspapers every other week. of io The �� Runway 4-22 Is nearly four decades old— welt beyond yens' increased aircraft weights have caused a gradual &Wbration r requWng remr MWIon to begin this year, Reconstruction will be done in two phases, phase I, io be completed t "I involve the remora) and repi-acemesm of the pavement south of the inte Runway Iti<29R. The remaining 2,wo feet wM be completed N early sprint pm1na 4 WCATION 494 Ll Agenda Information Memo April 18, 1989 City Council Meeting There are twenty-five (25) 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 itmes in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Land Development/Design Engineer -- Approximately 30 applications were received for this new professional engineering position. After screening, nine applicants are scheduled to be interviewed on Friday, April 14, 1989, by Director of Public Works Colbert, Assistant City Engineer Foertsch and Assistant to the City Administrator Duffy. After interviews, further reference checks will be conducted. It is expected that the name of the candidate who is recommended for hire will be given to the .Council with. the Administrative packet on Monday or at the Council meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the hiring of the candidate yet to be named as Land Development/Design Engineer for the City of Eagan, subject to successful completion of the City's physical examination requirement. Item 2. Accountant I -- Approximately 275 applications were received for this new technical position. After screening, 33 applicants were invited to the municipal center for a written examination. From the testing results, six applicants have been scheduled for an interview to be held on Monday, April 17, 1989. The interviews will be conducted by Director of Finance/City Clerk Vanoverbeke, Assistant Finance ,Director Damlo, and Assistant to the City Administrator Duffy. After interviews, further reference checks will be conducted. It is expected that the name of the candidate who is recommended for hire will be given to the Council at the Council meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the hiring of the candidate yet to be named as Accountant I for the City of Eagan, subject to successful completion of the City's physical examination requirement. Agenda Information Memo April 18, 1989 City Council Meeting Item 3. Seasonal Utility Maintenance Worker -- a. The name of a seasonal utility maintenance worker was inadvertently omitted from the April 4, 1989 Council packet. Since the worker was scheduled to begin work on April 10, the City Administrator approved the hiring as he has been previously authorized to do by the City Council in the case of seasonal workers. The worker's name is Bruce Koopmeiners. This item is for the Council"s information and requires no action. b. It is the recommendation of Superintendent of Utilities Connolly that Jeffrey Horsman be hired as a ,seasonal utility maintenance worker. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Jeffrey Horsman as a seasonal utility maintenance worker. Item 4. Seasonal Park Workers -- After interviews, it is the recommendation of Superintendent of Parks VonDeLinde that the following persons be hired as seasonal workers for the following positions: Seasonal Park Maintenance Workers Seasonal Park Attendants: Seasonal Ballfield Attendants: Seasonal Forestry Technicians: Larry Andersen Christopher Darwitz Mike Finnegan Brian Gual Tyrone Johnson Loren Leversedge Gary Rutherford Dave Smith Brent Tait Rebecca Verwey Chris Erickson Kathy Liberty Dean Downs Brett Knudson Thomas Mullen Shannon Nelson David Walker ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of the above listed persons as seasonal workers for the Park and Recreation Department. Item 5. Administrative Intern -- The City Administrator has received a letter of resignation from Daniel Mundahl, the City's present Administrative Intern. Mr. Mundahl has been appointed Assistant to the County Coordinator for Rice County. In his letter, he thanks the City Administrator ,for the opportunity to gain experience and for his guidance. Colleges and other municipalities have been notified regarding the vacancy for an administrative intern and an advertisement has also been placed. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Daniel Mundahl as Administrative Intern. Agenda Information Memo April 18, 1989 City Council Meeting PLUMBERS LICENSES B. Plumbers Licenses --There are three (3) firms who have applied for plumbers licenses. All applicants have satisfied the City Code regulations and are in order for consideration. The list of plumbers include the following: 1. Hokanson Plumbing 2. J and C Plumbing„ Inc. 3. Regency Plumbing ACTION TO BE CONSIDERED ON. THIS ITEM: To approve the three plumbing licenses as presented. PROCLAMATION/CITY OF EAGAN ARBOR DAY C. Proclamation for City of Eagan Arbor Day --The City of Eagan is recognizing Saturday, April 29, 1989 as Arbor Day with an official ceremony beginning at 10:00 a.m. at Thomas Lake Park. Enclosed on page 10 is a copy of a resolution urging citizens to become more aware of the importance of trees and to participate in city tree planting programs. Also enclosed on pages \A through t'i is a.memo from Director of Parks and Recreation Vraa regarding the Eagan Arbor Day activities. First Bank Eagan is participating in the City's Arbor Day and Eric Iverson, president of the bank, will be at the City Council meeting to make a presentation to each member of the City Council. It is suggested that this item be removed from the Consent Agenda to recognize Mr. Iverson. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution entitled Eagan Arbor Festivities. CITY OF EAGAN RESOLUTION EAGAN ARBOR FEST1 WHEREAS, trees were a significant attraction to Minnesota's settlers because of their usefulness and the beauty they provided; and WHEREAS, trees are a most valuable resource in Minnesota and Eagan today - purifying our air and water, helping conserve our soil, serving as recreational settings, providing habitat for wildlife of all kinds, and enriching our lives in so many important ways; and, WHEREAS., pollutants, tree diseases, and urban expansion have damaged and continued to threaten our trees., creating the need for reforestation programs and concerted public action toward ensuring the future of our City's urban forests; and WHEREAS, each year the people of Minnesota pay special attention to the wonderful gift that our trees represent and dedicate themselves to the continued health of our state's trees,; and, WHEREAS, the City of Eagan has been recognized as a Tree City USA community by The National Arbor Day Foundation and desires to continue its tree -planting programs, NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby proclaim Saturday, April 29., 1989 to be ARBOR DAY and the month of May, 1989 to be ARBOR MONTH in the City of Eagan. BE IT FURTHER RESOLVED that the Mayor and Council further urge citizens to become more aware of the importance of trees to the well-being of our City and State; and to participate in City tree planting programs which will ensure a greener place for our citizens to Live in the decades to come. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor By: Its Clerk 0 MEMORANDUM TO: CITY COUNCIL MEMBERS I TOM HEDGES, CITY ADMINISTRATOR FROM:/ KEN VRAA, DIRECTOR OF PARKS li RECREATION DATE: APRIL 12, 1989 RE: EAGAN ARBOR DAY - FIRST BANK EAGAN The Parks and Recreation Department will again be sponsoring Arbor Day festivities; this year it will be on Saturday, April 29th, at Thomas Lake Park. Attached is a resolution for adoption by the City Council which recognizes April 29th as Arbor Day and the month of May, to be Arbor Month in the City of Eagan. The department hopes that the festivities planned for the 29th will help people recognize the value and the resource that trees are to Minnesota and to Eagan. This year, the department has solicited the support of first Bank Eagan, and in particular, Eric Iverson, president. In conjunction with the department, First Bank Eagan, will be providing financial support for carrying out several activities during Arbor Day and Arbor Month. They will be purchasing 900 tree seedlings through the Minnesota Forestry Association. Tags will be stapled to the outside of each seedling bag identifying First Bank and the Eagan Parks and Recreation Department as a contributor. Eagan First Bank is also sponsoring a tree give-away as a premium to new customers during the month of April. Department of Parks and Recreation is. assisting with the acquisition of these trees and their distribution to the public on May 6th. The Bank has made a commitment to cover the expense for the design and printing of a 1989 Eagan Arbor Month poster. Acknowledgement to First Bank will be made on the bottom of the poster. These are to be given away by the bank and the department. The department is also coordinating with the City's elementary schools in having a coloring contest for all third grade students. Students will be drawing and coloring pictures that best represent Arbor Day to them. A winner will be selected from each school and a grand prize winner will be chosen from all participating entries. The grand prize winner would have his/her drawing integrated into the design of the 1990 Arbor Day poster. That poster would then be distributed to the students in the schools in 1990, and also the general public. In addition, each of the school winners will receive a tree to plant at their school and a sweat shirt with the Eagan Tree City U.S.A. logo printed on the front. These gifts and the design and printing costs for the poster would be paid through the donation of First Bank Eagan. EAGAN ARBOR DAY PAGE TWO At the City Council on April 18th, Eric Iverson, President of First Bank Eagan, will be attending the City Council meeting for the adoption of the resolution for Eagan Arbor Day and Arbor Month, and in addition will present to each of the Council members a sweat shirt with the Eagan Tree City U.S.A. logo on it. A sincere thanks from the Parks and Recreation Department staff on behalf of the community has been expressed to Mr. Iverson, and a sincere hope that we will be able to continue this public/private partnership for next year's program! KV/bls Agenda Information Memo April 18, 1989 City Council Meeting RECEIVE REPT/FEASIBILITY REPT/COVENTRY PASS D. Project 566, Receive Petition/Order Feasibility Report (Coventry Pass - Trunk Utilities) --With the recent approval of the preliminary plat for the above -referenced subdivision, the developer has submitted a petition requesting the City to prepare the feasibility report and simultaneous preparation of detailed plans and specifications for the installation of trunk sanitary sewer, water and storm sewer facilities necessary to service this proposed subdivision. With all guarantees being provided with the submittal of the petition, it would be in order for the Council to accept this petition and authorize the appropriate reports and plans. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for Project 566 (Coventry Pass - Trunk Utilities) and authorize the preparation of a feasibility report and detailed plans and specifications. BIDS/AWARD CONTRACT/CLIFF RD BOOSTER PUMP E. Contract 88-09, Receive Bids/Award Contract (Cliff Road - Booster Pump) --At 10:30 a.m., on Thursday, April 13, 1989, formal bids were received for the installation of the booster pump to be installed in the Cliff Road Booster Station necessary to maintain adequate water supply and pressure to the southern portion of Eagan 'ng the summer construction season of 1989. Enclosed on page aT is a tabulation of the bids received with a comparison to the Engineer's estimate. All bids will be evaluated for accuracy and compliance with the specifications and any deviations affecting the. low bidder will be discussed at the April 18 Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 88-09 (Cliff Road - Booster Pump) and award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents: I� CLIFF ROAD BOOSTER STATION PUMP CONTRACT NO. 89-06 PROJECT NO. 531 EAGAN, MN. CONTRACTORS 1. NW Mechanical 2. Richmar Constr. 3. ABE Construction 4. A & K Construction 5. New Mech LOA BID ENGINEERIS ESTIMATE FEASIBILITY REPORT ESTIMATE % OVER (+) UNDER (-) (E.E.) % OVER (+) UNDER (-) (F.R.) 1� BID DATE: APRIL 13v 1989 BID TIME: 10:30 A.M. TOTAL $ 7,950_00 9,647.00 9,650.00 9,995.00 11,350.00 $ 7,950.00 $ 20,000.00 $ 21,000.00 - 60.3% - 62.1% Agenda Information Memo April 18, 1989 City Council Meeting BIDS/AWARD CONTRACT/FIRE STATION #1 PRING LOT F. Contract 88-28, Receive Bids/Award Contract (Fire Station #1 Parking Lot) --At 10:30 a.m., on Wednesday, April 12, 1989, formal bids were again received for the upgrading and reconstruction of the parking lot within Fire Station #1. Enclosed on page is a tabulation of the bids received as compared to the Engineer's estimate contained in the feasibility report. The bids were originally solicited in the fall of 1988 and subsequently rejected by Council action on December 6, 1988, as being approximately 20% over the Engineer's estimate. All bids will be reviewed for their accuracy and compliance with specifications with any deviations by the low bidder and/or comments by the fire department being provided at the Council meeting on April 18, 1989. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 88-28 (Fire Station #1 - Parking Lot Improvements) and award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. PARKING: LOT CONSTRUCTION FIRE STATION NO. 1 CONTRACT NO. 88-28 FOR EAGAN, MINNESOTA BID TIME: 11:30 A.M. BID DATE: APRIL 12,.1989 FEASIBILITY REPORT ESTIMATE ENGINEER'S ESTIMATE % OVER (+) UNDER (-) (F.R.) % OVER (+) UNDER (-) (E.E.) c�p $ 25,485.00 $ 21,500.00 - 30.1% - 17.2% CONTRACTOR TOTAL 1. Munn Blacktop, Inc. $ 17,804.25 2. McNamara Construction Co., Inc. 18,495.00 3. Valley Paving, Inc. 18,750.35 4. Barber Construction 19,112.00 5. Bituminous Roadways, Inc. 19,373.65 6. Ace Blacktop, Inc. 19,799.30 7. H.L. Johnson Co. 19,864.00 8. Alexander Construction Co. 21,459.75 LOW BID $ 17,804.25 FEASIBILITY REPORT ESTIMATE ENGINEER'S ESTIMATE % OVER (+) UNDER (-) (F.R.) % OVER (+) UNDER (-) (E.E.) c�p $ 25,485.00 $ 21,500.00 - 30.1% - 17.2% Agenda Information Memo April 18, 1989 City Council Meeting BIDS/AWARD CONTRACT/FIRE STATION #1 PRING LOT G. Contract 88-34, Receive Bids/Award Contract (Alden Ponds - Streets & Utilities) --At 10:,30 a.m., on March 3, 1989, formal bids were received for the installation of streets and utilities within the proposed Alden Ponds development. Enclosed on page is a tabulation of those bids received with a comparison to the engineer's estimate and the feasibility report. The delay in presenting these bids to the City Council for formal consideration resulting from the developer's inability to comply with the conditions of final plat approval necessary prior to formal contract award. With the final plat approval being recommended on this agenda, it is now in order for the Council to receive the bids and consider awarding the contract. All bids have been reviewed and verified by our consulting engineer and found to be in order for favorable Council action. ACTION, TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 88-34 (Alden Ponds - Streets & Utilities) and award the contract to Fredrickson Excavating Company, Inc_, and authorize the Mayor and City Clerk to execute all related documents. l� ALDEN POND STREETS, UTILITIES AND APPURTENANT WORK PROJECT NO. n2 CT ,NO. --W--;34 RAGAN, MINNESOTA BID TIME: 10:30 A.M. BID DATE: FRIDAY, MARCH 3, 1989 CONTRACTORS TOTAL BASE BID 1. Fredrickson Exc. Co. $ 506,184.50 2. Richard Knutson, Inc. 518,335.85 3. S. M. Hentges & Sons 528,089.19 4. Ceca Utilities 540,481.98 5. Lake Area Utilities 542,122.25 6. Brown & Cris 550,351.81 7. Birchville Const. 552,142.72 8. Landweir 553,018.50 9. Lametti & Sons 557,000.00 10. Austin P. Keller 557,235.24 11. O & P Contracting 560,814,30 12. Chamel Const. Co. 563,964.65 13. P.C.I. 572,415.39 14. Albrecht Exc., Inc. 579,702.47 15. F. M. Frattalone 582,403,00 16. Nodland Const. Co. 593,263.40 17. G. L. Contracting 604,066.32 18. J. P. Norex 611,799.58 19. Rice Lake Contracting 612,158.90 LOW BID $506,184.50 FEASIBILITY REPORT ESTIMATE $591,300.00 ENGINEER'S ESTIMATE $588.,000.00 % OVER (+) UNDER (-) (P.R.) -14.4% % OVER (+) UNDER (-) (E.E.) -13.9$ I l� Agenda Information Memo April 18, 1989 City Council Meeting FINAL ASSMT ROLL/RINDERCARE H. Project 544, Final Assessment Roll/Order Public Hearing (Mallard Park - Streetlights) --The installation of the streetlights within the Mallard Park Addition has been completed and all costs associated with that project has been tabulated with the final assessment roll now being presented to the Council in consideration of scheduling the final assessment hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 544 (Mallard Park - Streetlights) and schedule a public hearing to be held on May 15, 1989. PROJECT 523 RECEIVE FINAL ASSESSMENT ROLL/ ORDER PUBLIC HEARING (STONEY POINT 8 BLACRHAWR PONDS/TRUNK WATER MAIN)' 1. I. Project 523, Receive Final Assessment Roll/Order Public Hearing (Stoney Point 6 Blackbawk Ponds - Trunk Water Main) --The installation of the trunk water main under the above -referenced project has now been completed, all costs tabulated, and the final assessment roll prepared. This roll is being presented to the City Council at this time for review and consideration of scheduling a formal public final assessment hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 523 (Stoney Point and Blackhawk Ponds - Trunk Water Main) and order the final assessment public hearing to be held on May 15, 1989. J. Project 515, Receive Final Assessment Roll/Order Public Hearing (Dodd Road - Overlay) --The installation of the bituminous overlay for Dodd Road and Farm Road under the above -referenced project has now been completed, all costs tabulated, and the final assessment roll prepared. This roll is now being presented to the City Council for review and consideration of scheduling a formal public final assessment hearing. ACTION TO BE CONSIDERED ON THIS ITEM: assessment roll for Project 515 (Dodd Road public hearing to be held on May 15, 1989. To receive the final - Overlay) and order the Agenda Information Memo April 18, 1989 City Council Meeting PROJECT 530, RECEIVE FINAL ASSESSMENT ROLL/ ORDER PUBLIC HEARING (KINDERCARE - WATER MAIN) K. Project 530., Receive Final Assessment Roll/Order Public Hearing (Kindercare-Water Main) --The installation of the water main under the above -referenced project has now been completed with all costs being tabulated and the final assessment roll being prepared. This roll is now being presented to the City Council for their information and consideration of scheduling a formal public final assessment hearing.. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 530 (Kindercare - Water Main) and schedule the final assessment hearing to be held on May 15, 1989. APPROVE FINAL PLAT, ALDEN PONDS L. Approve Final Plat, Alden Ponds --The staff has received an application for final plat approval for the Alden Ponds development located east of Coachman Road a d south of Four Oaks Road as shown by the map enclosed on page . All conditions placed on the preliminary plat approval on July 5, 1988, have been satisfactorily complied with. All final plat application materials have been submitted, thoroughly reviewed by staff and found to be in order for satisfactory Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Alden Ponds Addition and authorize the Mayor and City Council to execute all related documents. M —1 E FA 2"%% Y. t . C Nr i% 77 7 7 111 1111......:::11 CQ . . . . . . . . . . . . . . . ... . dui jil --I SIM) v"(13 _ _ ii Nr i% Agenda Information Memo April 18, 1989 City Council Meeting PROJECT 564, RECEIVE PETITION/AUTHORIZE FEASIBILITY REPORT AND DETAILED PLANS (RAHNCLIFF 2ND ADDITION -STREETS AND WATER MAIN), M. Project 564, Receive Petition/Authorize Feasibility Report and Detailed Plans (Rahncliff 2nd Addition- Streets and Water Main) -- The staff has received a petition from the developer of the Rahncliff 2nd Addition requesting the City to proceed with the installation of the channelization improvements to Cliff Road and Rahn Road intersection south of Cliff Road to accommodate the increased amount of traffic associated with the development of this addition. Also, water main is being requested along the southern boundary of this development. All guarantees for costs to be incurred for the preparation of this report and plans have been guaranteed by the petitioner. Therefore, it would be in order for the Council to give favorable consideration to this request. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for Project 564 (Rahncliff 2nd Addition -Streets and Water Main) and authorize the preparation of a feasibility report along with detailed plans and specifications. PROJECT 565, AUTHORIZE FEASIBILITY REPORT AND REQUEST FOR PROPOSALS (CLIFF ROAD WATER TREATMENT PLANT) N. Project 565, Authorize Feasibility Report and Request for Proposals (Cliff Road Water Treatment Plant) --With the continued growth of the community, the present Water Treatment Plant is fast approaching the design capacity originally anticipated to provide service to the City past the year 2000. Due to this approaching capacity limitation, the City has been installing new wells in the south well field along Cliff Road. With the recent revision and update of the Comprehensive Water Supply & Distribution Plan adopted by Council action on October 6, 1988, it is recommended that the City proceed with the formal study of constructing another 10 million gallon per day Water Treatment Plant facility on the present Cliff Road reservoir site. Therefore, staff is requesting authorization to proceed with the detailed feasibility study report and to formally solicit requests for proposals from qualified engineering firms to help the City in its selection of a particular firm to proceed with this feasibility report and detailed plans and specifications. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the feasibility report for Project 565 (Cliff Road Water Treatment Plant) and to authorize the solicitation for requests for proposals from professional consulting engineering firms for design services. Agenda Information Memo April 18, 1989 City Council Meeting APPROVE FINAL PLAT, BLACRHAWR RIDGE 2ND ADDITION O. Approve Final Plat, Blackhawk Ridge 2nd Addition --The staff has received an application for final plat approval for the Blackhawk Ridge 2nd Addition located south of Blackhawk H' is Road adjacent to I -35E as shown by the map enclosed on page I. All conditions placed on the preliminary plat approval by Council action on September 15, 1887, 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: To approve the final plat for the Blackhawk Ridge 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. a3 09AINAGE AND UTILITY ElYWM15 ARGI,5NOWN TNU5' x....�nva rnra.< ..Iq rui e IJ � l Z F' F p:Y ,✓ nr.r+ 'wiai rr .j: arJ9 K C l Y r! G. J eel' w Ee,r r j �Td 20 I6 Yy` �r 2• 24 -' :L o. i� tf..i2 •a.a. 1 e.o e EXHIBIT "A." BLACKHAWK RIDGE 2 nd ADDITION .,Al_m1/1. I;IVOI �: J..n•n Iwin.< 1 12 � l4 21 Y• t �Y •8Y a Y r! Ee,r r j �Td 20 I6 Yy` �r 2• •a.a. 1 e.o ..In.. ^nv; b. nllllrr Ir • P.PL EEP EXHIBIT "A." BLACKHAWK RIDGE 2 nd ADDITION .,Al_m1/1. I;IVOI �: J..n•n Iwin.< 1 12 <yqA< l4 Y• t �Y •8Y a Y r! r j �Td I6 r•.-. �. .gra_ r. _ m..w .r r...... I6 �r 1. n..r •,._.. YT/w n..r,.._. nrt...._.,r_ .n rn..e..Y .r.r tl...A _ I, r. r. rl. N.ra. N Y. Mr. amM. rrw. M... �n..� � r rte^.. r �..nr�h•i • nw s I.�w '""ter ^r rwr.sm • — •�r-��.r .r'wr� �i.�i+�r vF••rrm. n �..rT��r�r� r•F� w ow r• n...... ... r._.., .... .�.�.e..._........r...r......_...rnri_......r. nl.. ..n e.. rr..r .. �.r.+.n mll< � m tiw _pr, w. � � nn s•.11 er Pie •Iver., m._ rnu srn. w.�.+ _ , .r r M �. nor• r..r.�r „ y. ,..n ......n _ .y= Agenda Information Memo April 18, 1989 City Council Meeting CONTRACT '88-24. APPROVE CHANGE ORDER #1 (LEXINGTON AVENUE RESERVOIR) P. Contract 88-24, Approve Change Order #1 (Lexington Avenue Reservoir) --Due to the 9 month delay in awarding the Contract for the Lexington Avenue 4.0 million gallon water reservoir to be constructed at Lexington Avenue and Diffley Road, the contractor has experienced price increases from his subcontractors and material suppliers. In consideration of the contractor agreeing to maintain his low bid beyond the period of time required in the bid specifications, it is appropriate to approve a Change Order acknowledging the price increases which still provide the City with the lowest bid possible for the construction of this facility. This Change Order results in an addition of $15,300.00 to the low bid of $736,890.00. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1, Contract 88-24 (Lexington Avenue Reservoir) and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo April 18, 1989 City Council Meeting PROJECT 562, RECEIVE REPORT (WELL #14) Q. Project 562, Receive Report (Well #14) --On March 21st, the Council authorized the preparation of a feasibility report along with detailed plans and specification for the development of Well #14 to be located within Thomas Lake Parkadjacent to Pilot Knob Road. Enclosed on pages �27 through is a copy of the feasibility report describing the details associated with this proposed continuation of the City's development of this water supply system. A neighborhood meeting has been scheduled for 6:30 p.m., Wednesday, April 26th at, City Hall to inform all potentially affected property owners within 350' of this site of the pending development of this well site. Since the financing of this well is provided through connection charges levied with new 'building permits, there are no special assessments proposed or associated with this project. Therefore, the public hearing process is not necessary except for its information benefit which is anticipated to be fulfilled through the personalized neighborhood meeting scheduled for April 26th. It is anticipated that the formal bids will be received for Council consideration of contract award for this well at the May 2nd Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 562 (Well #14) and authorize the continuation of the project process. Report Deep Well No. 14 Eagan, Minnesota City Project No. 562 April, 1989 File No. 49483 .�q Engineers & Architects April 3, 1989 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Deep Well No. 14 Project No. 562 Our File No. 49483 Dear Mayor and Council: Do. G, Bonegm,, P.E. Rol W Rosene, PE. Joseph C. Anderlik, RE. Bradford%A. Lemberg, P.E. RiWara E. Turner, P.E. James C Olsdn PE. Glenn R. Cook PE. Thomas E Noyes, P.E. Robert G SdonichL PE. Marvin L Sorvala, P.E. Kelth A, Cordon P.E. Richard W..Eoster, P.E. Donald C, Burgarm. RE, Jerry A. Bourdon, AE. Mark A. Hanson, PE. Ted K_ Field, PE Mkhael T Rautmann, P.F. Robert R. PreMerle, RE. David O, Wskma, PE. Thomas W Peterson. PE Michael C. Lynch. PE James R Maland, PE Kenneth F. Anderson, PE KeRh A. BachmannP.E. Mark R. Rolls, RE. Robert C Roalek. ALA. Thomas E. Argus, P.E. Howard A. Sanford, PE. Damel J Edgerton, P.E. Mark A Seo RE. Philip J Caswell,R.E, Mark'D Wall, PE, Charles A, Erickson Ltd M. PawelAy Harlan M, Olson Susan M, Eberlin, C.P.A. Transmitted herewith is our report for the construction of Deep Well No. 14 to be located in Thomas Lake Park. This report covers the deep well and the associated pump and pumphouse. We will be pleased to meet with the Council and other interested parties at your convenience to discuss all aspects of this project. Yours very truly, BEST/ R00, ROSENEERLIK 8 ASSOCIATES, INC.. Richard W. Foster, P.E. Robert W. Rosene, P.E. RWF:RWR:li Approved Date: RPT49483 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota., Richard W. Foster Date: April 3. 1989 r%;(; Reg. No. 11609 Bonestroo `a'�•y�--��-tt55 Ilt:ai Rosene __&a:I Anderlik & {; `.� Associates Engineers & Architects April 3, 1989 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Deep Well No. 14 Project No. 562 Our File No. 49483 Dear Mayor and Council: Do. G, Bonegm,, P.E. Rol W Rosene, PE. Joseph C. Anderlik, RE. Bradford%A. Lemberg, P.E. RiWara E. Turner, P.E. James C Olsdn PE. Glenn R. Cook PE. Thomas E Noyes, P.E. Robert G SdonichL PE. Marvin L Sorvala, P.E. Kelth A, Cordon P.E. Richard W..Eoster, P.E. Donald C, Burgarm. RE, Jerry A. Bourdon, AE. Mark A. Hanson, PE. Ted K_ Field, PE Mkhael T Rautmann, P.F. Robert R. PreMerle, RE. David O, Wskma, PE. Thomas W Peterson. PE Michael C. Lynch. PE James R Maland, PE Kenneth F. Anderson, PE KeRh A. BachmannP.E. Mark R. Rolls, RE. Robert C Roalek. ALA. Thomas E. Argus, P.E. Howard A. Sanford, PE. Damel J Edgerton, P.E. Mark A Seo RE. Philip J Caswell,R.E, Mark'D Wall, PE, Charles A, Erickson Ltd M. PawelAy Harlan M, Olson Susan M, Eberlin, C.P.A. Transmitted herewith is our report for the construction of Deep Well No. 14 to be located in Thomas Lake Park. This report covers the deep well and the associated pump and pumphouse. We will be pleased to meet with the Council and other interested parties at your convenience to discuss all aspects of this project. Yours very truly, BEST/ R00, ROSENEERLIK 8 ASSOCIATES, INC.. Richard W. Foster, P.E. Robert W. Rosene, P.E. RWF:RWR:li Approved Date: RPT49483 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota., Richard W. Foster Date: April 3. 1989 r%;(; Reg. No. 11609 SCOPE: This project provides the construction of another well for the Eagan Municipal Water Supply. Well No. 14 is to be located near Pilot Knob Road within the Thomas Lake Park. The well site layout is shown on Figure 1. FEASIBILITY AND RECOMMENDATIONS: This project is feasible from an engineering standpoint and is in accordance with the long range water supply planning in the Water Supply and Distribution Plan of the City of Eagan. This project can best be carried out under two contracts. The first will cover the drilling of Deep Well No. 14 and the second will cover the construction of the pumping equipment and the pumphouse. The raw water trunk main to be utilized by this well has been constructed as a part of the reconstruction of Pilot Knob Road (Co. Rd. No. 31) under Project 466. DISCUSSION: Deep Well - This project covers the construction of a well in the Jordan Sand- stone aquifer. The well will be approximately 500 feet deep. This is an ex- cellent aquifer capable of providing wells of from 1200 to 1400 gallons per minute (GPM) capacity. In the Eagan area, the Jordan sandstone is capped with the Shakopee-Oneota limestone layer which helps to minimize the possibility of contamination of the Jordan aquifer from groundwater in the surface stratas above the Jordan. The groundwater in the Jordan strata in Eagan generally flows from the south to the Minnesota River and has a static water level from 120 to 130 feet below the surface of the ground. The top of Shakopee Oneota strata is usually from 230' to 240' below the surface and the Jordan strata is generally 390' to 400' below the surface. The Jordan formation is usually from 80' to 100' thick. Page 1. RPT49483 Pump - A line shaft turbine pump is recommended for this well. With this pump assembly, the electric motor is mounted vertically above the pump head in the pumphouse. The pump impellers are located sufficiently below the expected lowest level of drawdown to prevent the possibility of drawing air. The elec- tric motor rotates the pump by use of the line shaft in the column pipe which extends from the motor and pump head down to the pump. The vertical turbine pump is the most easily serviced and is the most economical installation for the setting depth of a Jordan well. Pumphouse - The pumphouse proposed for this well is unique in that it will not only serve as the control pumphouse for this well but also as a Park and Recreation structure for Thomas Lake Park. This well is located within Thomas Lake Park which was constructed, in part, with State and Federal funds under the Federal Land and Water Conserva- tion (LAWCON) program and the state Legislative Commission on Minnesota Re- sources (LCMR) program. These programs do not allow other than park uses within the Park boundaries without going through a formal approval by State and Federal Agencies that demonstrate increased benefit to the public recre- ational aspects of the Park by the construction of the additional use. In this case, the pumphouse is proposed to be increased in size and func- tional design to serve.as an information center and picnic/rest area for park. and Highline Trail users. The .structure will have a covered porch on the west_ side and a large covered patio on the north side. The facility will provide a convenient rest and information center with space to seat 24 persons at picnic tables on the covered patio. Orientation graphics for the trail system and for the .wild prairie grasses and flowers of Thomas Lake Park can be exhibited Page 2. RPT49483 3() on the porch. A drinking fountain and a spigot for the watering of lawn and plantings around the structure will also be provided. The pumphouse portion of the structure remains approximately 360 sq.ft. and will have the customary electric control panel and pumphouse equipment. The pumphouse will be constructed of concrete block for permanence with a considerable amount of wood being used for exterior surfacing and roof con- struction so as to blend architecturally with the other park structures. The proposed dual use facility has been favorably received by state and local recreational authorities. The City would be able to obtain the use of a portion of the park without interfering with park uses and without purchasing a separate, well site or replacement land and the Park Department receives a facility that will enhance the use of the park and Highline Trail. The pro- posal is currently awaiting final Federal approval. The proposed structure is estimated to cost approximately $25,100 more than the normal $120,000 pumphouse. Supply Main - The existing 24" diameter raw water supply main in Pilot Knob Road has a 12" diameter service line installed to the vest right-of-way line at the well location in anticipation of its construction as shown in the long range Master Plan for wells in this area. Easements - Because the well is located within City owned property, no ease- ments are required. Page 3. RPT49483 3( ASSESSMENT AREA No assessments are required for this project. Wells and related facilities are paid for from water supply and storage charges levied with each building permit or land development. COST ESTIMATES A detailed cost estimate is presented in Appendix A at the back of this report. The total estimated project cost is $412,140 which includes contingencies and related overhead. PROJECT SCHEDULE Present Feasibility Report Approve Well Plans and Specifications Receive Well Bids Public Hearing/Award Well Contract Approve Pumphouse Plans and Specifications Award Pumphouse Contract Complete Well Construction Well No. 14 Operational Complete Pumphouse Construction Page 4. RPT49483 3� April 18, 1989 April 4, 1989 April 26, 1989 May 2, 1989 July, 1989 August, 1989 October, 1989 April, 1990 May 1, 1990 APPENDIX A PRELIMINARY COST ESTIMATE DEEP WELL NO. 14 PROJECT NO. 562 1. Deep Well $140,000 2. Well Pump 30,000 3. Pumphouse, Equipment and Controls 120,000 4. Additional Recreational Features 25,100 5. Field Piping 12.000 Sub Total $327,100 5Z Contingencies 16,350 $343,450 +20Z Legal, Engrng. & Admin. 68,690 TOTAL ......................... $412,140 Page 5. RPT49483 33 LAKE B BITUN TRAIL 9 THOMAS L�AKE P ARK PILOT WELL 14 - SITE PLAN EAGAN, MINNESOTA Clr �m p2 I� Bar.lree ......... AjW rllk A Hale: MAR. 1989 Comm 49483 Fig. No. I EXFUBiT D Agenda Information Memo April 18, 1989 City Council Meeting PROJECT 563, RECEIVE REPORT (WELL #15) R. Project 563, Receive Report (Well #15) --On March 21st, the Council authorized the preparation of a feasibility report along with detailed plans and specification for the development of Well #15 to be located within the Fire Station No. 3 site adjacent to Pilot Knob Road. Enclosed on pages3 through 4-31isa copy of the feasibility report describing the details associated with this proposed continuation of the City's development of this water supply system. A neighborhood meeting has been scheduled for 6:30 p.m., Wednesday, April 26th at City Hall to inform all potentially affected property owners within 350' of this site of the pending development of this well site. Since the financing of this well is provided through connection charges levied with new building permits, there are no special assessments proposed or associated with this project. Therefore, the public hearing process is not necessary except for its information benefit which is anticipated to be fulfilled through the personalized neighborhood meeting scheduled for April 26th. It is anticipated that the formal bids will be received for Council consideration of contract award for this well at the May 2nd Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 563 (Well #15) and authorize the continuation of the project process. 3� .Report Deep Well No. 15 Eagan, Minnesota City Project No. 563 April, 1989 File No. 49484 3(�v Sonestroo Rosene Anderlik & j' Associates Engineers & Architects April 3, 1989 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re Deep Well No. 15 Project No. 563 Our File No. 49484 Dear Mayor and Council: Osco G Sones roc, P.E. Ruben W Rosen,, PE. Joseph C Andeillk, P.E. Bradford A Lemberg, PE RichardE. Turner,PE. James.0 Olson, P.E. Glenn R Cool, PE. Thomas E Noyes. P.E. Robert G Schunkht. RE MaMn L Sola, P.E. Keith'A, Sanson, P.E. Richard W Foster PE, Donald E. Busgardt. RE. Jerry A. Bourdon PE. Mark A. Hanson, P.E. Ted K. Field,PE Michael T Rautmann, PE. Robert RFlefferle, RE, David' O.doskota, P.E. Thomas W. Peterson, RE. Michael C. Lynch, P.E. James R. Maland. P.E. Kenneth R. Anderson, PE. Keith A. Bachmann,RE. Mark R. Rolh, P.E. Robert C. Russell A.I.A. Thomas E. Angus, P.E. Howard A. Sanford, RE, Daniel J Edgerton, P.E. Mark A, Seip, P.E. Phlhp J' Caswell, RE. Mark D Walks, P.E. Chanes A. Erickson Leo M. Pawelsky Harlan M. Olson Susan M, Eberlin., CPA, Transmitted herewith is our report for the construction of Deep Well No. 15 to be located on the site of Fire Station No. 3 just west of the Cooperative Power Association Sub -station. This report covers 'the deep well and the associated pump and pumphouse facilities. We will be pleased to meet with the Council and other interested parties at your convenience to discuss all aspects of this project. Yours very truly, BONNEESTR00, ROSENE, ANDERLIK Richard W. Foster, P.E. Robert W. Rosene, P.E. RWF:RWR:li & ASSOCIATES, INC. r. Approved By: < Date: y le -a I hereby certify that this report Less prepared by me or under my direct supervision and tha:. I am a duly Registered Professional Enginee under the laws of the State/of Minnesota. Richard W. Foster Date: April 3_ _959 _ Rc_g.. No. 11609 RPT49484 2335 West Highway 36 • St. Paul, MinnescitS71 F 6'72-636.4600 SCOPE: This project provides the construction of an additional well for the Eagan Municipal Water Supply. Well No. 15 will be located on the northern portion of the site of Fire Station No. 3 immediately west of the Cooperative Power Association Sub -station. The well site layout is shown on Figure 1. FEASIBILITY AND RECOMMENDATIONS: This project is feasible from an engineering standpoint and is in accordance with the long range water supply planning outlined in the Water Supply and Distribution Plan of the City of Eagan. This project can best be carried out under two contracts. The first contract will cover the drilling of Deep Well No. 15 and the second will cover the construc- tion of the pumping equipment and pumphouse. The raw water trunk main to be utilized by this well has been constructed in Pilot Knob Road as a part of the reconstruction of Pilot Knob Road (Co. Rd. No. 31) under Project 466. DISCUSSION: Deep Well - This project covers the construction of a well in the Jordan Sand- stone aquifer. The well will be approximately 500' deep. This is an excel- lent aquifer capable of providing wells of from 1200 to, 1400 gallons per minute (GPM) capacity. In the Eagan area, the Jordan Sandstone is capped with the Shakopee-Oneota limestone layer which helps to minimize the pcssibility of contamination of the Jordan aquifer from groundwater in the surface stratas above the Jordan. The groundwater in the Jordan strata in Eagan generally flows from the south to the Minnesota River and has a static water Level from 120 to 130' below the surface of the ground. The top of the Shakopee-Oneota strata is usually from 230' to 240' below the surface and the Jordan strata is - 1 - RPT49484 11 generally 390' to 400' below the surface. The Jordan formation is usually from 80' to 100' thick. Pump - A line shaft turbine pump is recommended for this well. With this pump assembly, the electric motor is mounted vertically above the pump head in the pumphouse. The pump impellers are located sufficiently below the expected lowest level of drawdown to prevent the possibility of drawing air. The electric motor rotates the pump by use of the line shaft in the column pipe which extends from the motor and pump head down to the pump. The vertical turbine pump is the most easily serviced and is the most economical instal- lation for the setting depth of a Jordan well. Pumphouse - The pumphouse proposed for this well will be of concrete block with the necessary wood facing and have architectural treatment so as to blend well with the appearance of Fire Station No. 3 and the surrounding residential neighborhood. The landscaping will involve the reconstruction of a berm on the north and west sides of the pumphouse and the installation of plantings to blend in with the existing vegetation now on the site. The pumphouse will contain the electric control panel and pumphouse equipment. It will have access on the south side from the existing driveway. Supply Main - The existing raw water supply main in Pilot Y.ncb Road has a 12' diameter service line installed to the east right-of-way line at the well location in anticipation of the construction of this well. The constructice: of this well is shown in the long range Master Plan for Wells in this area. Easements - At the present time, Fire Station No. 3 is located on this prop- erty through a lease agreement with the Cooperative Power Association (CPA). 2 - RPT49484 3� A similar lease agreement has been entered into with CPA for the construction, development and operation of this well on the Fire Station site. An addi- tional easement will also have to be acquired on a small portion of the remaining Cooperative Power Association's site to accommodate the well's protective setback requirements. ASSESSMENT AREAS No assessments are required for this project. Yells and related water supply facilities are paid for from water supply and storage charges levied with each building permit or land development. COST ESTIMATES A detailed cost estimate is presented in Appendix A at the back of this report. The total estimated project cost is $380,500 which includes contingencies and related overhead. 3 - RPT49484 40 PROJECT SCHEDULE Present Feasibility Report Approve Well Plans and Specifications Receive Well Bids Public Hearing/Award Well Contract Approve Pumphouse Plans and Specifications Award Pumphouse Contract Complete Well Construction Well No. 15 Operational Complete Pumphouse Construction 4 - RPT49484 0 April 18, 1989 April 4, 1989 April 27, 1989 May 2, 1989 July, 1989 August, 1989 October, 1989 April, 1990 May 1, 1990 APPENDIX A PRELIMINARY COST ESTIMATE DEEP WELL NO. 15 PROJECT NO. 563 1. Deep Well 2. Well Pump 3. Pumphouse, Equipment and Controls 4. Field Piping Sub Total 5I Contingencies $142,000 30,000 120,000 10,000 $302,000 15,100 $317,100 +202 Legal, Engrng. 6 Admin. 63,400 TOTAL ......................... $380„500 5 - RPT49484 Su (OF- ER OlLoeF466, F.uO ZUo ADDlflo0 �Krc Poles i Lot to K LOT q LoTb -8q ---_ .-891--- � E>�4. LP 1,9 KV U61 r/ PRoP46ED JELL Tk r I AfJD PNHPf1oU5E � 20� a �, —I— I � — r - I � I r ❑ a\ N 401 lo' ❑ oEl 0 `. o < I I v .1 ❑ ❑ IIo13 �_ ❑ I I II Lj � ❑ IN I I H Q {I I 1 I- p N I I 1 -1 l 0o V � I � � ELEGTFIL 5�b-57AT1�II 0�+ to u I IZ 11 I N n ❑ I � 3 �}+ � FIS SVRo I I L.i I I • I I .111 I \\ SES 27F 1 - 1 i SOUTH LWf Of 00 '/+ W,T27F,P3� � I ,' `��---------195,02----- --�- -o 4 WILDERf�EsS (lN {.o/.p �"'°'; EAGAN, MINNESOTA FIG. 1 ,` DEEP WELL NO. 15 Com 49484 SITE _ PLAN �,..� _ 1.�., MAZ, „ 1,�, J Agenda Information Memo April 18, 1989 City Council Meeting CONTRACT 88-31, APPROVE CHANGE ORDER #1 (WELL #12 -COMPLETION DATE) S. Contract 88-31, Approve Change Order #1 (Well #12 - Completion Date) --Due to problems encountered with the water bearing formation (Jordan Aquifer), test pumping of this facility has resulted in a water bearing sand content greater than specifications as necessary to prolong the life of the pumping facilities and good water quality. Subsequently, the contractor has to develop the well head cavity through additional removal of the aquifer formation. This will result in an extension of the completion date originally specified for this contract from March 15th to April 21st. Due to this delay beyond the control of the contractor, it is recommended that no liquidated damages or penalties be assessed with this extension of completion. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1, Contract 88-31, (Well #12 -Completion Date) and authorize the Mayor and City Clerk to execute all related documents. CONTRACT 87-14, FINAL PAYMENVACCEPTANCE (COUNTRY HOLLOW SANITARY SEWER LIFT STATION EQUIPMENT) T. Contract 87-14, Final Payment/Acceptance (Country Hollow Sanitary Sewer Lift Station Equipment) --The delivery of the pumping equipment necessary to complete the sanitary sewer lift station installed within the Country Hollow addition has been satisfactorily fulfilled in accordance with the contractual requirements. Subsequently, the City has received a request for final payment from the contractor along with a certification from the consulting engineer of full compliance with City specifications. All final inspections of the equipment have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the second and final payment for Contract 87-14 (Country Hollow -Sanitary Sewer Lift Station Equipment) to Smith & Loveless, Inc. and accept the facilities for perpetual City maintenance and operation. 44 Agenda Information Memo April 18, 1989 City Council Meeting CONTRACT 87-12, FINAL PAYMENT/ACCEPTANCE (LEXINGTON SQUARE 6TH ADD. -STREETS A UTILITIES) U. Contract 87-12, Final Payment/Acceptance (Lexington Square 6th Addition -Streets & Utilities) --The City has received a request for final payment from the contractor for the above -referenced project which provided for the installation of streets and utilities along Northview Park Road servicing the Lexington Square 6th Addition along with a certification from our consulting engineering firm of satisfactory compliance to City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the seventh and final payment for Contract 87-12 (Lexington Square 6th Addition -Streets & Utilities) to Richard Knutson, Inc. and authorize the acceptance of the improvements for perpetual City maintenance. CONTRACT.87-17,.BLACKHAWK ROAD/STREETS V. Contract 87-17, Blackhawk Road/Streets--The City has received a request for final payment from the contractor for the above - referenced project which provided for the improvement of Blackhawk Road from Diffley Road to Deerwood Drive along with a certification from our consulting engineering firm of satisfactory compliance to City approved plans and specifications_ All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the ninth and final payment for Contract 87-17 (Blackhawk Road - Streets) to Preferred Paving, Inc. and authorize the acceptance of the improvements for perpetual City maintenance. Agenda Information Memo April 18, 1989 City Council Meeting W. Contract 87-41, Final Payment/Acceptance (8t. Francis woods 6th Addition -Streets & Utilities) --The City has received a request for final payment from the contractor for the above - referenced project which provided for the installation of streets and utilities south of Duckwood Drive and west of Lexington Avenue along with a certification from our consulting engineering firm of satisfactory compliance to City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the seventh and final payment for Contract 87-41 (St. Francis Woods 6th Addition -Streets & Utilities) to F. M. Frattalone and authorize the acceptance of the improvements for perpetual City maintenance. CONTRACT 88-19, FINAL PAYMENT/ACCEPTANCE (WELL #3 -REMOVAL & REPAIR) S. Contract 88-19, Final Payment/Acceptance (Well #5 -Removal & Repair) --The City has received a request for final payment from the contractor for the above -referenced project which provided for the removal and repair of Well #5 adjacent to Pilot Knob Road, north Of Cliff Road along with a certification from our consulting engineering firm of satisfactory compliance to City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the second and final payment for Contract 88-19, (Well #5 -Removal & Repair) to Mark Traut Wells, Inc. and authorize the acceptance of the improvements for perpetual City maintenance. Lk Agenda Information Memo April 18, 1989 City Council Meeting Y. Project 567, Receive Petition/Authorize Preparation of Feasibility Report (Effress Addition -Storm Sewer) --The American Cereal & Chemist Company located south of and adjacent to Eagan Athletic Club presently takes its access from the .Sherman Court cul-de-sac to the east. This company would like to expand their facilities including their parking lot. Preliminary analysis by previous developments in this area indicate that the present storm sewer facilities and/or ponding system is not adequate to handle any more development in this district. Therefore, the affected property owner has petitioned the City to prepare a feasibility report to discuss in detail the storm sewer improvements necessary to accommodate their proposed expansion. With the accompanying guarantee of all costs incurred for the preparation of this report, it would be appropriate for the Council to authorize the initiation of that process. ACTION TO HE CONSIDERED ON THIS ITEM: Project 567 (Effress Addition -Storm preparation of a feasibility report. 1�1 To receive the petition for Sewer) and authorize the Agenda Information Memo April 18, 1989 City Council Meeting PROJECT 487R.FINAL ASSESSMENT ROLL (BRAUN COURT - STREETS 5 UTILITIES) A. Project 487R, Final Assessment Roll (Braun Court - Streets S Utilities) continued from April 4, 1989 --On April 4th, a public hearing was held to discuss the adoption of the final assessment roll associated with the installation of streets and utilities within Braun Court. At that time, the City had received a written objection from all affected property owners regarding the significant cost overruns of the final assessment roll as compared to the estimate contained in the feasibility report based on actual bids received. Three major areas of additional cost are broken down as follows: Additional Storm Sewer: An additional storm sewer catch basin and pipe was installed at the northwest intersection of Braun Court with Drexel Court during the progress of the contract to meet current City standards necessary to minimize long term maintenance problems. This resulted in additional construction costs of $ 2,640.00. In a conscious effort to economize the scope and costs of this project, this improvement was not anticipated in the feasibility report nor included in the detailed plans and specifications used to solicit unit bid prices. Subgrade Correction: Unknown at the time of the feasibility report and/or detailed plan preparation, construction of the roadway bed and storm sewer facilities near the intersection of Braun Court and Drexel Court uncovered a significant pocket of unnatural and unstable material. The removal and replacement of this poor subgrade material resulted in additional construction costs of approximately $ 5,004.00. Although the origin of this poor subgrade material is questionable, it is possible it was placed there as a part of the construction of the trunk sanitary sewer and water main facility for the installation of streets and utilities within the Drexel Court public right-of-way. Due to the City's policy of limited construction observation/ inspection services during the mid-70s, it could not have been known to exist prior to actual construction. Subsequently, this additional cost was not anticipated in the feasibility report or detailed plans and specification and resulted in a cost overrun to the original unit bid contract. q � Agenda Information Memo April 18, 1989 City Council Meeting General Overhead: Due to the sensitivity of the costs associated with this project by the affected property owners, two different feasibility reports were prepared and presented' at three different public hearings along with a considerable number of meetings with the affected property owners trying to arrive at an economically viable project. This process also included three formal separate bid solicitations and considerable involvement by project management personnel during the course of the project. Based on the small scale of the project and the apparent low bid of the contractor ($39,789.00 vs. the second low bid of $50,813.00), the overhead costs associated with this project exceeded the estimated 30% contained in the feasibility report. However, the feasibility report estimate is based on a clean unencumbered public improvement process. The actual overhead exceeded the feasibility report estimate by approximately $12,398.51. The property owners feel that they were guaranteed a maximum cost on the project when they executed the agreement enclosed on pages SO and _55_. Although the agreement refers to "estimated" costs, there was no anticipation of cost overruns because the poor subgrade material and additional storm sewer facilities were not anticipated at that, time. Because of the complexities and impracticality of maintaining a current running account of overhead calculations, it was not possible to obtain an accurate estimate at the time of receipt of bids and subsequent contract award. However, the residents feel that the end result is more than what they anticipated and preliminarily agreed to and are subsequently requesting the City to help finance a portion of the overruns. After reviewing the information associated with the contract and the comments of the property owners, an alternate final assessment roll is presented on pages * through * for consideration at the public hearing on April 14th. The Public Works Director will be able to provide background information as to how the alternate assessment roll was arrived at. However, the property owners were informed that if this were still not acceptable and they wish to proceed with their objections„ the City reserves the right to support and proceed with the certification of the original assessment roll as an accurate reflection of actual costs incurred under this project for the benefit of the adjacent property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 487R (Braun Court - Streets and Utilities) and authorize its certification to the County for collection. *NOTE: The above-mentioned alternate final assessment roll will be distributed on Monday with the Additional Information Packet. ANT -mmBRAUN COURT - STREETS & UTILITIES PARTIES: Henry & Adonna Braun, Lot 1, Block 1, Braun Sunrise Addition Mary Braun I Parcel 10-01500-010-52 Leonard & Kathleen Walz, Lot 2, Block 1, Braun Sunrise Addition Wayne 8 Deborah Cordes, Parcel 10-01600-040-79 City of Eagan, called "City" DATED: March ZS' , 1988 RECITALS: 1. The City of Eagan, Minnesota received a petition for the installation of street surfacing including concrete curb and gutter, grading and restoration, storm sewer and sanitary sewer and/or water service installations. 2. It has been requested of the above parties that the City perform these improvements and finance the costs through Special Assessments against the benefitting properties. 3. The City has prepared a Feasibility Report for City Project 487R, presented at a public hearing on July 7, 1987, which describes the extent of the proposed improvements with estimated costs and proposed method of special assessment calculation and allocation. 4. The City has agreed to perform this work and finance it through special assessments subject to all affected property owners agreeing to the method and amount of final assessment costs prior to award of contract by the City. 5. Based on comments received from several of the above parties at previous public -bearings and private discussions, the City has prepared a "Revised Summary Preliminary Assessment Roll", dated 10-6-87, attached as Exhibit "A" to this agreement which estimates the special assessment allocation to the various property owners on a "Lot Equivalent" basis. 6. These estimated costs contained in the Feasibility Report will be revised based on final construction quantities and unit prices obtained through an advertised competitive bidding process plus related overhead expenses incurred by the City. 7. The City and affected property owners agree that if the solicited bids for the total cost exceed the Feasibility Report's estimated construction cost by more than 10%, then any participating property owner reserves the right to request a readvertisement for new bids or withdraw their support and financial participation. 50 S. If any of the other remaining property owners do not agree to a method of their financing 100% of the project's total cost, then the City reserves the right to cancel the project. The original petitioners hereby agree to reimburse the City for all costs incurred at that time. 9. This Agreement shall be governed by the laws of the State of Minnesota and shall be enforceable and binding on the parties and their heirs, legal.representatives, successors and assigns. 10. This Agreement shall be recorded with the Dakota County Recorder and the owner shall provide all documents necessary for the recording thereof. IN WITNESS WHEREOF, the parties have signed this agreement on the date so referenced. CITY OF EAGAN Approve0e,as to Contens: PROPERTY OWNERS 1. Lot 1,Block 1, Braun Sunrise Addn. / e Henry B un Date e Adonna Braun Date / y.1S• 2. Parcel 10-01500-010-52 /Date Ma Tun /Date S 3. Lot 2,, Block 1, Braun Sunrise Addn. eonard Waltz / ate b. .A.� K thleen lz Vate 4. Parce 10-016 0-040-79 a. 11A. Waynd Cordes /� Date b. 0�3. \ e� �P.� /�8 Deborah Cordes /Date STATE OF'MINNESOTA) )ss. COUNTY OF On this �—r day of ��%st,ait'� 19.9k, before me a Notary Public within and for said County, personally appeared Henry Adonna Braun to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. (SFar•)E::. ORENE A. LEE AO VY. LI1— M-tnLAA AXOT.. G07NTY mi¢10:.exw a 1.23.93' STATE-OF'MINNESOTA) )ss. COUNTY OF Ke. )' On this 1St.M day of 6616, 8 19 k., before me,a Notary Public within and for said County, personally appeared VICTOR L ELLISON and F.J. VANOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF'EAGAN, the municipality named in the foregoing. instrument,and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said -Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality,, MOTARY'P�gLlt—IOIIIESOTA - U DAKOTA COUNTY YT Lommisslpq Ery F�0 `.fry STATE OF 'MINNESOTA) )sa. COUNTY OF ) On this day of Mobu.w , 196E, before me a Notary Public with -in and for said 'County, personally appeared Mary Braun ^to me personally known to be the person described in and who executed the foregoing,instrument and acknowledged that she executed the same as her free act and deed. ELIZABETH A. WITT Qycmmlew,mrxpl NOTARY PUBLIC-YINNEBOTA (SEAL) DAKOTA COUNTY ,.. ►.e.19, toot STATE OF MINNESOTA) )ss. COUNTY OF ) On this day of 19 before me a Notary Public within and for said County, personally appeared VICTOR L. ELL3SON and E.J. VANOVERBEKE to me personally known, -,.who being each by me duly sworn, each,did say that they are respectively the Mayor and Clerk of the CITY OF EAGAN, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be. the free act and deed of said munic'i'paliIty. (SEAL) M STATE OF MINNESOTA) )ss. COUNTY OF DA rp„} ) On this .2Y -t" day of 0 19pp, before me a Notary Publicwithin and for said County, personally appeared Leonard 6 Kathleen Walz to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. -� ELIZABETH A. WITT1Q- JI NOTART.PUBLIC-MINNESOTA (SEAL) DAKOTA COUNTY Yy Cemml Wm &vim Feb. Sk "M STATE OF MINNESOTA) )ss.. COUNTY OF ) On this day of , 19 before me a Notary Public within and for said County, personally appeared VICTOR L. ELLISON and E.J. VANO,VERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF EAGAN, the municipality named in -the foregoing instrument, and that the seal affixed.to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. (SEAL) Sq STATE OF MINNESOTA) )ss. j� COUNTY OF -✓.4KI ) On this /6?� day of A46-4-rh 19PA, before me a Notary Public within and for said County, personally appeared Wayne a Deborah Cordes to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. JPELI�Z BETH A. WITT NOTARY.PUSUC. WNNE�OTA ('SE DAKOTA COUNTY My CommbsiM Egi,p FO.:1q.1001 STATE OF MINNESOTA) )ss. COUNTY OF ) On this day of 0 19 , ,before me a Notary Public within and for said County, personally appeared VICTOR L. ELLI'SON and E.J. VANOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF EAGAN,, the municipality named in the foregoing instrument, and -that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. (SEAL) WOF On this day of 0 19 , ,before me a Notary Public within and for said County, personally appeared VICTOR L. ELLI'SON and E.J. VANOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF EAGAN,, the municipality named in the foregoing instrument, and -that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. (SEAL) Agenda Information Memo April 18, 1989 City Council Meeting VACATE PUBLIC ACCESS EASEMENT, OUTLOT A- EAGAN WOODS OFFICE PARR B. Vacate Public Access Easement, Outlot A - Eagan Woods Office Park --On March 21st, the Council received a petition from the property owner requesting a vacation of a dedicated public access "turnaround" easement within. Outlot'A of Eagan Woods Office Park as shown by the map and legal description contained on page SrZ . The Council subsequently set the public hearing for April 14th to formally discuss this proposal. This turnaround access easement is being replaced by a formal entrance with the final platting of the Eagan Woods Office Park II Development. All notices have been published in a legal newspaper and sent to all potentially affected property owners. As of this date, the staff has not received any objections to the proposed vacation. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the vacation of a public access easement within Outlot A of Eagan Woods Office Park as legally described herein. I RvN1C I4Grlrrt+l NO. %per Plat�it�l HWy Fb. 494 1 A•o'OD'as' . N.E. roR. Gov. Lar I NJ� 11f• IORNCRa'r .6a.1,TV R24... ECMYSOTY. GO. Gl/L� � O i N N411VJ IacN' J ttA acv' J 17 K I$ That part of Outlot A, EAGAN WOODS OFFICE PARK, according to the recorded plat thereof described as follows: Beginning at the .northerly extremity of the 24L.42 foot long tangent portion of the westerly line of said outlor; thence southerly, along said westerly line., a distance of 15.00 feet; thence easterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 30.00 feet; thence northerly, deflecting to the left 90 degrees 00 minutes 00seconds a distance of 35.00 feet to an angle point in said westerly line; thence westerly, southwesterly and southerly, along said westerly line to said vo paint of beginning. (Document No. 152745) j/31 PARK EA WOODS OFF14:E GAN NO ROAD EASEMENT ri W, dO ' Lr61�3 ti.5'��E Q ` L�- 6 r T �l lio 60.00 'n u l J L; e: I ' d 961"7"n 6 a_ S/ / I i - •:ala m n; l <I ._. 1 1 I •� 8 N 002s'0'e w rl f- 1 rL 'NO023'03' W 60g 36.00 OVA v ,='Y U �7t end N89 -3e'57 -E $ U o cri N. 0 a 30.00 'Ui N N LL o U)<S =- S o 3 I F- r� Oas. c01< t i O Gov. Larl. 1 : AY 3 Lj Z Gov. Lor 6 2 Q L.1 sq. N �N 4.,B 4 EAGAN S'sS ?ag •A INf•H is awl I ZBD3�EVA Daps S 4fie� �� Lei-2a9i' �� Agenda Information Memo April 18,, 1989 City.Council Meeting SPECIAL ASSESSMENTSIMETRAM.PROPERTIES AT SILVERBELL CENTER A. Consider Special Assessments Related to Conditional Use Permit, Metram Properties for Motor Fuel Sales Lot 1, Block 1, Silver Bell Center Addition --At the March 21, 1989 City Council meeting., a conditional use permit was approved allowing motor fuel sales for Metram properties at the Silver Bell Center. The Department of Finance has identified a financial obligation of $10,611 for storm sewer trunk which had previously been assessed incorrectly. Financial obligation was not specifically listed as a condition and, therefore, was not addressed at the City Council meeting. The developer, Ted Tinker., has refused to sign the waiver. Consequently, the conditional use permit has not been resolved. Mr. Tinker was notified that the City Council will decide on this conditional use permit at the meeting on Tuesday. ACTION TO BR CONSIDERED IN TSIs ITEM: To approve or deny additional condition to the Metram Properties Co;. motor fuel sales conditional use permit requiring a financial obligation of $10,611 for storm sewer trunk, which had previously been assessed incorrectly. M* Agenda Information Memo April 18, 1989 City Council Meeting DISCUSSION/EAGAN/MENDOTA HEIGHTS CORRIDOR A. Discussion, Eagan/Mendota Heights Corridor --Approximately two years ago, the Cities of Eagan and Mendota Heights began a study process in concert with the Metropolitan Airport Commission to discuss the air traffic corridor which lies at the boundary between the two Cities. The study culminated with a joint meeting of the two Councils at which the flight track alternatives were discussed. At that time, the Eagan Council offered a compromise between the study alternative supported by Eagan staff (Alternative 3) and that supported by the Mendota Heights staff (Alternative 2). The Mendota Heights Council declined the compromise and following several efforts on the part of the City staffs to break the impasse, Walter Rockenstein of Metropolitan Aircraft Sound Abatement Council (MASAC) offered to mediate the issue. Mr. Rockenstein will be present at both the Mendota Heights and the Eagan City Council meeting on Tuesday evening, April 18 to explore alternatives for a resolution of this issue. Enclosed on pages 4 y through Q, you will find a copy of the MASAC's Operations Committee Report on the corridor. The report systematically describes the alternatives proposed and indicates noise contours for each. The report further addresses nine issues pertinent to the corridor issue. This information has been before the Counci s in the past. Also enclosed on pages 1:�(o through is the most recent correspondence from each City regarding this issue. Finally, enclosed on page 03 is a memorandum describing action by the Airport Relations Committee at its April 11, 1989 meeting, to reconfirm their recommendation to the City Council that the City support Alternative 3 of the MASAC Study which would provide for traffic along the line five degrees north of runway centerline with safety separations fifteen degrees north of that with the conditions that the City could reassert the compromise proposal which would confine traffic to the area between runway heading and five degrees north of runway heading, which would be a compromise between Alternatives 2 and 3. This compromise would result in traffic evenly stradling the Met Council aircraft land use poliocy contours. ACTION TO BE CONSIDERED ON THIS ITEM: To consider possible alternatives to the solution of the Eagan/Mendota Heights Corridor issue and provide direction to staff concerning future discussions and studies. S� o ��:: N o�� •o,, .�Ytlbs i:. �o CIIA oY O']ID� Inserts 2/9/89 m ALVPS 2, 3, 4 m > r..l 10 lip Poo 77 rrwwrr •- _ •i �- did � ly• 1• 1.. rY` ,� - a { ' 4 • JJJ ' EAGAN I MENDOTA HEIGHTS CORRIDOR STUDY—DEVELOPED FOR MASAC 1988 srnulterm" Depertu'eB Alternative 2 NnrS9rrxdteneo Depm- r•es fit _ Il. ` � y , � In,..r •�� 'I •-,. U L .:L `�f •: J� . ice; •.1� � i; �• w.rl• w••Zr �. so. Pow �-- — is 1 j! ' I • 11. ' 1988 H EAGAN i MENDOTA HEIGTS CORRIDOR STUDY— DEVELOPED FOR MASAC s& ubwvgm a Depff"Jr, a Alternative 3 w.�.m� Nan- Depertlres EAGAN I MENDOTA HEIGHTS CORRIDOR STUDY— DEVELOPED FOR MASAC rmoua Alternative 4 Non-SmJtAneous Departures p ti •0 0 I• � � �� •1 "'` e � � I If 61 � o�� IY � r � I �` , � �� . . _�� Ali. �IIII�II ii { �� . �� 111 ..11 1 �� I EE�II�«�lill�' � � ,� i . � QQ I 'lll�l ` �' �,IIi IMI I I,lIIIEip; �, �. ['�" �! . � �IUII 1�1 � li � �. I [Allul ► � ,�"IIE��I " I EI EI �� II �� R I�iI1 l�liiiiE - ,� �,►,,�y -, �� I' ;III I'I� ! `� r � � :, ��i �� 1 li ail � � ��= �• 1--� �I�r�I � �`� � � I �. I i� �I! �.� ��, �. i�;� �� ii;��II�IIL�, �� EIlI�� .- ..- .. . .- - _ .. _ . .� .. _ ..---: r. .'r t f� 1 `rte. Wool swr • q ] ems' i it . � •\.� . �... � . 9. al. 0.11 mm!r '1 I 21M."wo, of Pool Somwommo Lake 01 ON" MOM • J I 1• r �.t. it EAGAN / MENDOTA HEIGHTS CORRIDOR STUDY- DEVELOLenC PED FOR MASAC 19813 L1065 d'mg ontours for` All Alternatives tit LA 10 { _ • ;� 1a, ,.. _ E _ Coil 9 raw wo 16 " • "• I II :I it ' ••.. . e, . EAGAN ! MENDOTA HEIGHTS CORRIDOR STUDY— DEVELOPED FOR MASAC 1986 Ab rr avve 2 L 10 65 Departure Contour's Alternative 3 for Alternatives 2, 3 6 4 ............r Ateriietive 4 -7;eI-V �:ie �1� HOWARD NEEDLES TAMMEN &BEROENOOFF October 6, 1988 Mr. Steve Vecchi Assistant Manager of Noise Abatement Metropolitan Airports Commission 6040 28th Avenue, South Minneapolis, Minnesota 55450 Re: Eagan -Mendota Heights Study - Handout Exhibits Dear Steve: Enclosed er theegan/MendotaeHeights Corridor Study.Theexhibits for exhibour its include: - a•graph:ical depiction of Alternative 2 - a graphical depiction of Alternative 3 - a graphical depiction of Alternative 4 - Ldn contours for Alternatives 2,3, and 4 - L1065 departure contours for Alternatives 2,3, and 4 - an L1065 landing contour common to all alternatives - a chart depicting magnetic heading changes over time for Runways 11L and 11R. Ycu will notice that the heading changes over time are not as dramatic as those pointed out by ATC. We have checked several sources, and have found that the annual rate of change in the, headings will be 0.1 degrees. With the current runway heading of 117.7 degrees (rounded to 118 degrees), a new heading of 119 degrees will not result until 1996. Please review the attached exhibits, and let me know if you would like to make any changes. Very Truly Yours, HOWARD NEEDLES TAMMEN AND BERGENDOFF Evan C. Futterman ECF/ef • rar Cower PYA, Nmri6r """ em,P.TO M OY"M INawn Erna P. Fos PE Caron T. Nor"W PE Ob-M.I. PPoTC PE Or,r J: EYOo1E Jem I. CGW,PE Foe X NOME. RoM s.Como�rE 0~ A GIM FE WWre �La FAA Ileerl: 0_16mr PE ilw L Tl�a. r.. PL oW E Enr PE Coy t Oml.� MA Wadi K "Now. A rE. IOIn, K IIYNIra i rE !.s%vt e1* Wo PE. ,mer w: WV&.: PE Ano.1io Gen A On PE Krme'T, usan PA: Gennn w &v~PE Kienere 0.. moor PE VAM 0 Eoru ve PE 1111W.E Aeeloen PE W r Cr S ENI l W PE %W w Al FE wr.Llwm PE &m o. hmw ►E.Gs L hurl AYL,FIOK T. Lr PE Ierwe r. Avrl, JJA, IUonm%@ W r PE Erd M Crnro PL ,br P F I PE MmR L PWMIPE hirn E Orr.PE W.A. JrmP.PE "K Wer FAW OouE•L, C. my*,* PC. can J. Mail*@ PE. Goer P Mcaw PE, IFIcunl'L FOMAR AIA. Oo"'@ P. Kern PE. GPYPYI"E. PM'C0n PE. ft" L Mr„ PP. RUDER N LIKmICe PE Tl L M, POO, P. hoe PE Yuri Y.1\O AW 00m AYrtirOl VA..Yra GA AWM TK ErsP'l '. Ynrni OK IWL YX GrI+r. CO.'Fo/erG Mi. s rKY.e: R. 00~. T7, rAw"aaa. IN. Ywr. t / \ N. LCs AIIEOeF. CA. Now PL YIIawame, W1, II...o,eo.I YIN %W "M IIA TOL W. Olden U ! IIooW MG Eorr. WA. Toe PL TIAL OK, Wo..q: DF EAGAN / MENDOTA HEIGHTS. CORRIDOR STUDY DEVELOPED FOR MASAC 1988 HNTB Analysis RUNWAY 111- 8 11R MAGNETIC HEADINGS CHANGES OVER TIME Runway 5 -Degree 10 -Degree 15 -Degree 20 -Degree YEAR Heading Left Turn Left Turn Left Turn Left Turn 1988 118 113 108 103 098 1992 118 113 108 103 098 1996 119 114 109 104 099 2001 120 115 110 105 100 HNTB Analysis Metropolitan Aircraft Sound Abatement Council (MASAC) Chorm"T VA" Mods dlelm 1 Rat,Chm Jon Dei Cohn WW9-1982 Starry W 06on M94M TeclACveor Steven 1Veoctr September 27, 1988 6040 2M,Aven a South Mh—aopok W mfoto SS450 (6v) Tj6-94n TO:. Metropolitan Aircraft Sound Abatement Council ERM?!: Mendota Heights/Eagan Corridor Operations Committee SOB=.* Mendota Heights/Eagan Corridor At the June 28, 1988 MA.SAC meeting, it was recommended that the corridor issue be returned to the Operations Committee for further additional review. After meetings in July and September, the committee submits the attached information based on the following charges: 1. Population Density Data - population in contour within next 5 to 8 years, divided into categories 2. Explanation and Review - 28 degree cone 3. Simultaneous, Non-Sim:ltaneoxss Departures - average number of hours, weekday and weekend 4. Explanation and Review - 32 IIS, St. Paul Downtown Airport and interference 5. Definition, Operational Penalties - 4 mile "straight-out" on 11:L, no variance of 15 degree cone (only 100 degrees on 11L) 6. FA, EIS: New Southern Boundary -7.. Landing Impact on Fagan, I10 contour - (29 L/R arrivals) 8. No Departure Turns until 'at Runway end" on 11L Miscellaneous Items: 1. Exemption Stage III aircraft frau corridor procedures/restrictions 2. Definition of FAA role during cu committee meetings 3. Eagan's request for Met Cautcil's participation In the initial corridor discussion daring the fall of 1987, the cities of Fagan and Mendota Heights were working with Ldn noise contours (Ldn75, Ldn70 and Ldn65) provided by BM to assess the population affected by alternatives 2, 3 and 4. The cities, however, felt that it would be helpful to have L10 noise contours (L1065) generated for alternatives 2, 3 and 4 in an effort to more completely assess population impact. The following is population data provided by the cities corresponding to the I.405, Ldn65 and L1065 noise contours. It should be noted that both cities included population data corresponding to the Met Council .policy contours. 73 EAGAN-MENDOTA HEIGHTS CORRIDOR NOISE CONTOUR HOUSEHOLD COUNTS Alternate Alt 3 Single'Family Multi Family Rental owner Occupied Total Alt 2. Single Family. multi Family Rental owner Occupied Total Alt 4 Single Family Multi Family Rental owner Occupied Total Arrival Single Family Multi Family Rental Owner Occupied .Total 89 374 161 89 '554 64 405 322 64 725 70 539 322 70 861 219 257 Alternate Alt 3 EAGAN-MENDOTA HEIGHTS CORRIDOR NOISE CONTOUR HOUSEHOLD COUNTS Single Family Multi Family Rental Owner Occupied Total Alt 2 Single Family Multi Family Rental Owner Occupied Total Alt 4 Single Family Multi Family Rental Owner Occupied Total 10 10 16 16 55 55 244• 161 -12. 404 275* 322 575 409• 322 711 + Eagan's Comprehensive Guide Plan does not provide for any new residential subdivisions within the noise contours. An estimated 20 lots have been indicated in each category for potential in -fill. EAGAN-MENDOTA HEIGHTS CORRIDOR METROPOLITAN COUNCIL POLICY CONTOUR HOUSEHOLD COUNTS Net Policy Contour Residences in Comp Guided Planned to Anticipated Zone Place Comm/Ind Be Added In Future 3 Single Family 350 81 201 470 Multi Family 98 0 0 98 Rental 60 0 0 60 Owner Occupied 38 0 0 38 Total 448 81 201 .568 Single Family 68 68 0 0 Multi Family 0 0 0 0 Rental 0 0 0 0 Owner Occupied 0 0 0 0 Total 68 68 0 0 3 Single Family 350 81 201 470 Multi Family 98 0 0 98 Rental 60 0 0 60 Owner Occupied 38 0 0 38 Total 448 81 201 .568 August 31, 1988 Mr.. Steve Vecchi Metropolitan Sound Abatement Council 6040 - 28th Avenue South Minneapolis, MN 55450 Dear Steve: Enclosed is the data from the City of Mendota Heights concerning the number of residential units within the different noise metric contours. The first four shoots concern the Ldn 70 and 65 contours, as well as the L10 contour; there are no homes in the Ldn 75 contour so it has not been included. The data is shown in a matrix of flight alternative by metric. For each place in the matrix, we have shown the total number of residences, and broken them down between single family and multi -family, and further subdivided the multi -family into rental and owner occupied. I believe this is as requested by the MASAC when they considered this issue in June. Using the consistent matrix format, the first four sheets show: 1. Residences in place as of August of this year. 2. Residences likely to be relocated at some time in the reasonably foreseeable future. 3. Residences that are planned to be added over the next few years (based on the City's existing comprehensive land use plan). 4. Net anticipated in the future after taking the homes currently in place, subtracting those to be relocated, and adding those planned. The fifth and final sheet shows the number of residences located in each of the Metropolitan Council's policy contours. Jon Hohenstein of Eagan had requested that this information be provided as well. The data presented are for the City of Mendota Heights only. However, the operations Committee and MASAC will want to be cognizant of the fact that the cities of Mendota, Sunfish Lake and Inver Grove Heights also have residential 750 South Plaza Drive • i r_� ro""V soca 55120 • 452-1850 Mr. Steve Vecchi August 31, 1988 Page Zhao areas within the L10 contour and the Metropolitan Council Policy Contour No. 4. I! you have any questions about the data prior to our meeting on September 9, please give me a call. Sincerel- p/fJy//�/� �7 avin D. Frazell City Administrator IMF:madlr enclosure cc: Mayor i City Council Bernie Friel, MASAC representative Jon Hohenstein 2 Total 22A II 1083 single family 2 49 II 858 multi -family 0 225 �I 225 rental 0 II 225 II 225 owner occupied 0 ' II 0 ii II 0 � II II II Total a 124 ii BJU single family 2 44 II 664 II multi -family 0 150 ii 225 rental 0 150 II 225 IL owner occupied 0 0 ii 0 II A II II Total 217 single family 2 42 II 335 I multi -family 0 75 II 225 II rantal 0 75 II 225 owner occupied 0 0 II 0 Total single family multi -family rental owner occupied 2 Total single family multi -family rental owner occupied A Total single family multi -family rental owner occupied •4 zallep• o s .1 Y' 4 2A 14 0 0 0, Q JA 14 0 0 0 Q s 9 0 0 0 66±P'[#I I 14 14 0 0 0 4. 14 0 0 0 14. 14 0 0 0 Ian 74 Iain L1Q Total 4 single family ii 310 multi -family li 686 rental it 106 owner occupied ii 580 II � II II Total 4 Q II X44 single family ij 208 multi -family ii 686 rental ii 106 owner occupied ii 580 II q II !I III Total Q II 12J single family 88 II multi -family ii 540 rental0 I owner occupied 540 II M.ANTICIPATED 1N 3=.FUTURE MZTRIC FLIGHT ALTERNATIVE Ian ZQ 7�n L1Q Total 2 TSz4 i 2065 single family 2. 35 I( II 1154 multi -family 0. 225 II 911 rental 0 225 j� II 331 owner occupied 0 0 ii II 580 II Total 11-0 I, 1769 single family 2 30 fl II 858 multi -family 0 150 I'I 911 rental 0 CI 150 Ip 331 owner occupied 0 II 0 II II 580 4 II II Total 19� i� 1174 single family 2 33 II 409 multi -family 0 75 j',j 765 rental 0 If 75 II II 225 owner occupied 0 0 II I'I 540 Net Policy Contour Residences in Likely to Planned to Anticipated Zone Place BeRelocated $g Added ja Etiture Z single family multi -family rental owner occupied 2 single family multi -family rental owner occupied H single family Multi -family rental owner occupied A 2 4 II 2 4 2 �I 2 0 0 jj 0 0 0 fl 0 0 0 II I. II II I 0 131 ll II 4 II II 111J�4 II 41 11 II 30 150 0 II II 150 150 0 j� 150 0 0 11 II 0 II I I. `I 2� � 2i4 I Il II I 1923 178 200 I',I 378 75 54'0 Il I L 615 75 0 .I II 75 0 540 II I I 540 II M% wr• :. se r e'.:. � e • The FAA A= informed the Operations rmmittee that they have always acknowledged Runway 11R extended centerline (118 degrees) to be the southern boundary of the corridor. They also stated that, while they have never acknowledged a northern boundary to the corridor, they have used the 090 degree heading off Runway 11L as an "operations boundary" in an effort of avoiding St. Paul Downtown Airport airspace. 'he 28 deqL cone originates from the difference between the 118 degree ('11R),andegree (11L) reference points. -'OqLr 2C•CAWE The FAA Tower stated that the 28 degree cone is utili2ed only about 1 to 2 percent of the time (with turbojet aircraft), when a high number of aircraft types with differing performance specifications are scheduled to depart within the same relative time period. A 15 degree cone is used during all other remaining time. -.e -n ovins e. ;e Y, eui»e. ry - •• e.• v:.•ry The FAA ATC presented the following graphic report to the Operations: Carmittee'by request. Data utilized in the analysis was collected by the FAA ATC in a_ total of (b) individual and random one-hour periods during six days in July 188. The (6) one-hour periods all took place when traffic .was moderate to heavy. During the (6)one-hour periods, there was a total of 269 aircraft departures observed. The FAA MC separated their departures in 2 categories: "noir •aircraft": aircraft ranging from large turboprops to all turbojets "sy aircraft aircraft ranging from single engine props to non-noiMiZ turbo props It should also be noted that the wide range of headings reported (1200 to 0950) by 11L,R departing aircraft during the survey period was due to variable wind conditions experienced during each individual one-hour period. LIM AIRCRAFT D'EPARTU'RE HEADING'S Heading Assignments by Runway Number of AkeraR Departures so 40 30 10 10 a Figure 5 — Departure Headings and Runway M IAL ® 010 tilt M 100 111. S 100111! © 100 111. ED 100'111t WA Sale 1@ Taxer — JW 11111 AIRCRAFT DEPARTURE HEADINGS Heading Assignments by Runway Number of .Aircraft. Departures " 90. 40 30 .............. 10" am Ix 10 rax!!!!! xmx!.1! MIMI !x!wx!x 0 (10) (43) (13) (M) '(4) (11) Figure 6 — Departure Headings and Runway 110 11t. ®'110 Tilt ED 110 rel 110 lilt i® 110 11L 0 to tilt Dow Solras 14! Teoer — Asr; IM , , SIMULTANEOUS DEPARTURES Departure Area -Utilization Number of Aircraft Departures 200 100 t00 00 0 142 A/C – 10001 92 A/C – SO><, 9 A/'C – OX 42 A/C – 29fi Figure 4 — Departure Area Utilized - TafAL Ir - - �1 -- • run DA Date !aures wr Tow --AV ins V 1 AVERAGE DEPARTURES BY RUNWAY Number of AkaraM Departures 9D 40 30' 20 10 ti ' I! !i 0 7 Non 15 Ndes 22 Told a Mon I Noios 24 Told Figure 3 — Average Hourly Departures 11L ® t1L 11L 11R ® 11R LIR WA Source 1!'Tew – tel! 19M SIMULTANEOUS DEPARTURES Departure Area -Utilization Number of Aircraft Departures 200 100 t00 00 0 142 A/C – 10001 92 A/C – SO><, 9 A/'C – OX 42 A/C – 29fi Figure 4 — Departure Area Utilized - TafAL Ir - - �1 -- • run DA Date !aures wr Tow --AV ins V 1 ANALYSIS -269 MSP DEPARTURES 6 Random, Weekday Hours of Sample as Nan Nene A/C 1e3 Nero A/C Figure 1 — 86 Non—Noise do 183 Noise A/C ]2N NorMoln M —.Nora D" Sura NSr• Tom — JUIYAM \. ANALYSIS -269 MSP. DEPARTURES 6 Random Weekday Hours of Sample Number of Aircraft Deporturee f00 !o •o 40 70 0 Al Nen woke e7 Nore ab Nem Nebo Figure 2 — Aircraft Type by Runway til ® 11L lift lilt WA Sous Mr Teeer — J* ION . " Ner. 1It " Ner. s 4. 32 IIS REVM The FAA A= informed the Operations C.oa¢ittee that the only time a conflict occurs with the Runway 32 IIS from St. Paul Holman Field and the Corridor is when the following condition exists: Runway 32 IIS arrivals (STP) are occuring with simultaneous Runway 11L,R departures (MSP). When Runway 32 IIS is required, which is approximately 5 to 10 percent of the time during a year, the tower is unable to assign departing aircraft on 11L headings from 118 degrees to 090 degrees because of the lack of airspace separation from Runway 32 inbonds. The FAA ATCf has established a temporary procedure to hold all Runway 32 inbounds until they could be sequenced between Runway 11L/R departures. The other options are to "single stream" 11L/R departures and 32 arrivals causing delays for both airports, or NDB approaches to St. Paul on Runway 30. M6 While implementation of a 4 -mile straight out rule on llL/R departures might have been possible at lower traffic levels, current levels make it iapractical. With the dramatic increase of traffic levels at ?M1 the institution of the 4 -mile rule could cause a reduction in the operational capacity leading to significant departure delays. The FAA A= informed the operations Ccsmittee that one of the reasons for the success of the current "3 -mile turn" rule for 11L/R departures is the of existence of a reference point on the radar screen. Due to a position located the radar antenna, the existing 5 mile ring on the scope happens to 3 miles southeast of the departure end of Runways 11L/R making it a useful reference point for aiding in carpliance. It was concluded that it would not be feasible to initiate a 4 -mile straight out rule,for departures on 11L/R. PAL ATCT ANALYSIS of DELAYS CAUSED By 4 -NILE TURN (Supplement to Item 05) The existing guaranteed delays caused by the 3 -mile turn are determined by the number of aircraft that do not continue 'straight out' (e.g., aircraft landing Chicago O'Rara, Madison, and Milwaukee). That number is estimated to be. approximately 70 percent of all the Runway 31L and 11R departures. The Minneapolis airport has about 190,000 jet ,departures per year, and statistical data shows that about 55 percent of all jet departures are on Runway 11L and 11R. The result is that 73,150 jet departures are negatively affected by the existing 3 -mile restriction. Almost all jet aircraft could begin their departure turn within 1 mile of the departure runway. With this in mind, the additional 2 -mile restriction (the difference between a 1 -mile turn and a 3 -mile turn) already results in jet aircraft incurring a 146,300 -mile yearly delay. Therefore, restricting these departures to a 4-aile straight out requirement would guarantee another 73,150 -mile yearly delay, bringing the total to 219,450 miles per year. In addition to the guaranteed delays, the other variable delays that would be Imposed are estimated at 200 miles per day,. These delays would be caused by: 1. intrail spacing requirements, 2. two for one traffic flow capability reduced, and 3. arrival sequence adjustment (delay) -to accommodate departure turn. It should be pointed out that the 3 -mile departure 'restriction was imposed in 1973 under dramatically less traffic volume conditions. If the 3 -mile restriction was being researched today for implementation, in all likelihood, the PAA would not adopt it as a standard operating procedure. a i Alternative 4 proposed by the City of Mendota Heights would require a 5 degree southward shift of the current southern boundary of the corridor UIR extended centerline). The FAA ATCf informed the Operations Committee that this,option is technically feasible, however, new charxp of procedure below 3000' would require an Envirernental Assessment d=zent. Whether or not any positions of the EA would require an Envuwnental Impact Statement would depend on issues contained within. If an EIS were required, the time frame is approximately 18. months. Mendota Heights questioned whether the incremental traffic movement to the North (i.e. 28 degree cane or magnetic shift) would require an EA. 0 us oevtrm:eM of Wvu=MMon Federd Aviaflon Administration December 2,1988 Chairman Walter Bockenstein Metropolitan Aircraft Sound Abatement Council 6040 28Th Avenue South Minneapolis, Minnesota 55450 Dear Chariman Bockenstein: Airport Traffic Control Tower- 6311 34th Avenue South Minneapolis, Minnesota 55450 Be: Necessity of Environmental Assessment due to Magnetic Shift At the general meeting on October 25, 1988, I was asked to respond in writing to a question by Mr. Bernard Friel in which he asked whether a change in the magnetic shift would require an environmental assessment. As I stated that night in the meeting, it does not. According to Federal Aviation Administration Order number 1050.1D, Appendix 3., paragraph 3.a., an environmental assessment and the preparation of an environ— mental.impact statement or FONSI is required when the following occurs,: New or revised air traffic control procedures which routinely route air traffic over noise sensitive areas at less than 3,000 feet above ground level. Therefore, an environmental assessment is not required. r Traffic Manager, Minneapolis Airport Traffic Control Tower RM S. ZMARTURE TMB. OAT RUMMY 8a' The PAF, informed the Operations Commi that it w=ild not be feasible for air traffic 'controllers to hold the issuing of a turn for 11L/R departures until runway end. The possibility of crosswind drifts could violate the 15 degree separation criteria required for simultaneous 11L/R departures. Iherefore, the C=uttee concluded that it would be more effective to increase the pilots sensitivity when departing on Runway 11L if W would install signs indicating that the assigned heading for turbojet equipment not be initiated until runway end. The ccwdttee recognizes these are other noisy aircraft ' which should be included in the signage, however, for ease of compliance only turbojet equipment will be referenced. Rq ,tit: 'r08� ko* 1. One measure of the 27 point noise abatement program concerned the •awnpticn of Stage III aircraft from noise abatement procedures and corridor restrictions. Since there has been no action by the, PMC on this issue, the committee believes the measure should be reassessed. The Cities of Mendota Heights and Eagan reiterated their apposition to the Stage III emotions. 2. Bruce wagoner, FAA A=, stated that the tower would like to go on record defining their role in the operations Committee. He said that he would be the chief representative and spokesman for the tower at the meetings and his purpose would be to "tell whether or not the noise abatement ideas were feasible." He further commented that they would try to give the camnittee and MASAC indication of changes necessary to meet FAA approval. 3. The City of Fagan requested that MASAC take into consideration the Met Council policy noise contours in addition to the Ldn75, L81n 70, Ldn65 and L1065 contours when assessing, population data. In addition, the city requests that the Met Council be invited to participate in the resolution of the issue. October 6, 1988 Mr. Walter Rockenstein, Chair Metropolitan Aircraft Sound Abatement Council 6040 28th Avenue South Minneapolis, MN 55450 Dear Mr. Rockenstein .. With regard to the Mendota Heights/Eagan Corridor Study, the City of Mendota Heights wishes to reiterate its support for the simultaneous flight departure pattern described as Alternative 4. We base our position on the belief that Alternative 4 most equitably distributes noise over residential areas in the two communities, and leads to the least number of total households being directly impacted by aircraft noise. As requested, Mendota Heights and Eagan have provided household counts for the areas included in the Ldn 70, Ldn 65, and Ll0 contours for flight alternatives 2, 3, and 4. Recognizing that adjustments for magnetic shift, wind direction, and other factors will lead to routine deviations from whatever flight patterns are selected, those numbers show.Alternative 4 to be the best "baseline" for achieving equity of impact in the respective communities. Alternative 4 also affects the least number of total households. Below are the household counts in the L10 contour showing residences in glace today. Single-family homes only are shown in parentheses. Flight Alternative Eagan 554 (374) 725 (405) 861 (539) 1083 (858) 889 (664) 560 (335) 1637 (1232) 1614 (1069) 1421 (874) Reducing the total noise exposure should be an objective of equal standing with attempting to spread the noise equitably between two communities. After all, city boundaries are largely arbitrary, and people., not municipal governments, suffer the consequences of noise. 750 South Plaza Drive • Mendota Heights. Minnesota 55120 • 45'--1850 While Mendota Heights contends that the decision should be based primarily on households affected, Eagan argues that the alternative selected should be that which most nearly corresponds to the "Policy Contours" found in the Metropolitan Council's Guidelines Ur L4nd Un with Airoort Noise. We reject that position as being out of touch with the realities of today's level of traffic volume. The Policy Contours were developed in the late 70's and early 801s, prior to -the dramatic growth in air traffic which followed deregulation and the advent of hubbing operations at MSP. The contours were premised on the belief that most aircraft departing either 11R or III, could make a 5 degree northerly turn from runway centerline, thereby flying over I- 494 and industrial areas, while almost completely avoiding residential districts. Thole flight patterns and the resulting prescriptl6n for land use regulations were acceptable to both communities, Mt because they purported:to equitably distribute noise over homes in Mendota Heights and Eagan,, but because they were an attempt to avoid such overflights all together. How we wish it could still be so! Unfortunately, in 1988 we are faced with an entirely different set of circumstances. If 50% + of the flights from MSP are to depart to the southeast, a 15 degree cone of separation is required for an estimated 12 or more hours per day, making the assumptions in the Policy Contours obsolete. Eagan asserts that to the extent we must deviate from.,those assumptions, we should straddle the noise impacts equally over the Contours. However, a review of the household count data provided by the communities (or even an."eye balling" of the land use map) reveals that shifts to the north affect far more homes than shifts to the south. In its letter of September 23, 1988, Eagan states that Mendota Heights is encouraging new residential development within the Policy Contours„ and ought not to use the increasing, number of homes as a basis for changing the land use compatibility policy of the -region,. However, a quick review of our actions over the past three years will show that we have been most active in promoting land use compatibility with aircraft noise impacts. Specifically, Mendota Heights has: 1. Worked with the Metropolitan Council and local legislators to achieve passage of statutory authority for local governments to adopt the building restrictions contained in the Guidelines. 2. Been the only community to adopt the Metropolitan Council's model noise ordinance for promoting compatibility. This includes zoning restrictions on land use types, as well as imposing additional q building code requirements for new structures (residential and commercial) within the noise zones. 3. Amended the City's Comprehensive Land Use plan to be consistent with the restrictions.in the Guidelines. Specifically,, a 20 acre parcel within Noise Zone 3 was changed from single-family residential to office. Also, multi -family, rather than single-family uses are promoted in much of Noise Zone 4. 4. initiated discussions with home owners in the western part of the City (in the Ldn.65 contour and Policy Contour Zone 3) about buying out properties impacted by airport noise. All of these noise compatibility efforts, have been totally at local expense, without financial assistance from any regional agency. . It is true that Mendota Heights is allowing construction of new residences within Policy Contour Zone 4. However, such construction is totally consistent with the restrictions for Zone 4 as prescribed in the Metropolitan Council's model noise ordinance. The new homes include the noise attenuation features discussed above. From a noise compatibility standpoint alone, we recognize that it would be beat to have no new homes in this area. However, these lands are in close proximity to single-family neighborhoods that have existed since the 19,5019. As we are sure the members of MASAC can appreciate, other land use objectives dictate that we not try to force commercial or industrial uses into this area. Eagan indicates that they have relied on the land uses prescribed, in the -Policy Contours, and that past land use decisions based on these reliances,must be respected in the present decision. However, the Cohtours were not adopted until April, 1983, and we are unaware of any major changes in land use direction implemented by Eagan since that date. In fact, despite their stated proclivity for the Policy Contours, Eagan has yet to enact them into law five years after their adoption by the Metropolitan Council. This is not to impugn Eagan's past land use planning efforts. Both communities have been very responsible in promoting land uses compatible with the needs of the airport. It is simply that we cannot accept the argument that Eagan has placed great reliance specifically on the contour maps found in the Metropolitan Council's Guidelines, and therefore those contours must be the controllingg factor in the present decision regarding acceptable flight patterns. To the contrary, the two cities and MASAC should select a flight pattern option that: 1) distributes unavoidable noise impacts as equitably as possible between existing residences OWA in the two communities, and 2-) impacts the least total number of households, regardless of the community in which they are located. The Metropolitan Council should then redraw the policy contour maps, as they have already stated they will o, to be consistent whatever flight patterns are determined to be most consistent with those objectives. To do otherwise would be to allow the proverbial "tail wagging the dog.'" The.inequities between Eagan and Mendota Heights discussed above are, in actual practice, exacerbated further by the fact that the FAA has taken the opportunity of the magnetic shift to expand the cone of operations from 15 to 28 degrees, all of it to the north. The City of Mendota Heights continues to raise its concern that these past decisions expanding the flight corridor have not been subjected to the required environmental review process. We understand that the FAA is doing further research on this issue, and we eagerly await their analysis. We also concur with MASAC Chairman Rockenstein that the FAA should attempt to quantify its contention that a "4 -mile no turn" rule will significantly reduce.the operational capacity of parallel operations on Runways 11R and 11L. Thank you for the opportunity to comment further on this issue. cc: Tom Hedges, City of Eagan Jeff Hamiel, MAC Hal Greenwood, MAC Bernard Friel, MASAC Sincerely, Charles E. Mertensotto Mayor 3g3O PLOT 006 ROAD. G.O. BOXIM EAGAN,.WN ES01A 55121 PHONE (612).45441M November 221 1988 WALTER TaDCKERSTEIR, SIR METROpOLITAW AIRCRAFT SOUND ABATEMENT COUNCIL 6040 28TH AVZWJR SOUTH InmrAFOLIS, NX 58450 Rea Mendota Heights -Lagan Corridor Resolution 2 -- Dear Mr. Rockenstain: vt etumpti aoN AQWAS WAN WM IL GWAFSON RVAILAMCCRFA 9E000M IA111C1118i ODA" mss+ �QANS IeJf.ES Oti �sNran a=" VM 0AWA >E c4Cw This purpose of this correspondence is to request MASAC support of the compromise betvaen Alternatives 2 and 3 proposed by the City of Eagan to resolve the corridor issue. This compromise will result in noise impacts which most closely correlate to the Metropolitan Council's policy Contours and will assist the communities and the region in containing the noise impact rather than opening broad nev areas to noise as would the be the case vere Alternative 4 to be considered. We believe that the rationale for supporting an operating scenario vhich is as consistent as possible with regional policy has been vell stated in previous meetings and correspondence. To date, it vould appear that everyone agrees that our remaining task is to determine the'best base location for a fifteen degree area of standard safety separation for departures southeast of the airport. The City of Eagan would strongly encourage XRSAC to recommend an Alternative 2-7 compromise as the only equitable resolution to this matter. .. To respond to any remaining questions in this regard, it would be appropriate as well to consider certain issues raised in the Mendota Heights correspondence of October 6, 1988, previously distributed to MASAC. Mendota, Heights asserts that Alternative 4 affects fever households than the other alternatives. In so doing, it considers only the departure peak hour L10 contour and fails to consider the Ldn contours which show the aggregate effect of all operations including landings and off-peak traffic. In fact, if the Ida household counts are controlled for the 225 apartments which Mendota Heights allowed to be built in noise Zone III after the' policy contours were in place, the Idn impact of all three alternatives is greater in Eagan. 11f !Orf OAK TIE ..lrf SYWM OF STW4TK APD GROWTH !f our COMMUNITY Mendota Heights incorrectly asserts that the Policy Contours Were predicated on a -iv* degree loft turn for- parallel departures. .s'hey Were in fact based on an eleven degree turn (105 degrees from a 116 degree centerline). While Mendota Heights does not acknowledge the Policy Contours as a valid descriptor of Where municipalities should expect noise impact to be concentrated, they do state that the 105 degree corridor headings -avoided neighborhoods completely. , I Would add that it also did so equitably. Eagan continues to assertthat the actual Policy Contour assumptions represent a fair center point for current -noise impacts as would be the case with a comproaise between Alternatives 2 and 3. Despite Mendota. Heights' protests,, 1t bas and continues to encourage single family and townhome development Within the Policy Contours. it is not insignificant that developers of Mendota Heights' Copperfield Addition advertise it as °quiet, peaceful country living, minutes from both downtowns and the airport." While it is'true that twenty acres in the impact area have been changed from a residential to a commercial Comprehensive Guide designation, the rest of southeast Mendota Heights remains guided for residential uses. Many of the homes which Mendota Heights uses to support its contention that impacts should move dramatically south have been built within the Policy Contours since their adoption. Par from being totally consistent with metropolitan policy, residential development is conditional upon the implementation of land use controls and performance standards like those in the model noise ordinance. In the future, Ragan's Comprehensive Guide Plan indicates ,a net reduction of 150 homes in noise impact areas in each of the alternatives being considered. in comparison, Mandota Heights will add 600-1000 homes in those sans impact areas. In fact, Mendota Heights proclivity for residential development in noise impact areas is illustrated by the fact that there will be more impacted bones in their preferred Alternative 4 (1174) than currently exist in their least "preferred Alternative 3 (1083). It does not make any sense for other communities to suffer the consequences of Mendota Heights' decisions.. Mendota Heights also suggests that the Eagan has not adopted the Policy Contours since 1983. That is because Eagan incorporated a draft of the contours in its Comprehensive Guide Plan in 1980. Mendota Heights also states that Eagan has made no development modifications as a result of the contours or their assumptions, yet in the same breath admits that Eagan has promoted land uses which are compatible with the airport. It is in reliance upon the Policy Contour's assumptions that Eagan has allowed residential development in the southern two-thirds of the City. In short, Mendota Heights' fundamental argument is that Alternative 4 affects the fewest residences. it does so by l C> taking advantage of Ragan's prudence in maintaining as broad a land use buffer as possible. aagan's foresight in this regard should not act to the detriment of its existing residents and to the benefit of new and potential Mendota Heights residents. Mendota Heights can commit to residential development within the Policy Contours for a variety of reasons if it wishes to, but it should accept the consequences. simply put, regardless of when the Policy Contours were adopted, they represent a (mown regional policy standard. Current operations should relate as closely to them as possible. To shift traffic and impact areas dramatically southward as a consequence of one city's development decisions would be what Mendota Heights refers to as the "tail wagging the doge The city of Eagan has negotiated in good faith and has repeatedly offered a compromise which is generous and fair. Mendota Heights has assumed a position which would permit residential development in known noise impact areas while opening broad new areas of impact in traditional residential neighborhoods as little as a mile and a half from the runway and. We must live with the realities of the today's level of traffic volume, not use it as an excuse to seek individual ends. The City of Eagan urges MASAC to solicit Metropolitan council input on the relationship of the air transportation system, specifically operational patterns, and regional land use policy. With that information' and the documentation provided to date, Eagan further encourages MASAC to adopt the proposed compromise between Alternatives 2 and 3 as the basis for corridor procedures consistent with compatible land uses. If you have any questions in this regard, please contact me. Sincerely yours, an Hohenstein Administrative Assistant MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT'TO THE CITY ADMINISTRATOR DATE,: APRIL 131, 1989 SUBJECT: AIRPORT RELATIONS COMMITTEE ACTION EAGAN/MENDOTA HEIGHTS CORRIDOR RESOLUTION On Tuesday, April 11, 1989 the Eagan Airport Relations Committee met in regular session and considered the Eagan/Mendota Heights Corridor issue. The Committee reasserted its position that the City should support a MASAC Study Alternative III which would establish traffic at a point five degrees north of runway centerline for runway 11R with safety separations 15 degrees north of that. The Committee also reasserted a willingness to consider a compromise with the City of Mendota Heights which would incorporate MASAC's Study Alternative 2, such that all traffic departing runway 11R would operate within an area from runway centerline to a point 5 degrees north of runway centerline, and that departures from runway 11L be separated 15 degrees north of the established 11R heading. This motion passed with five,members voting in favor and one abstaining. The stated reason for the abstention was that the City should support only Alternative 3, which replaced 11R traffic at a point 5 degrees north of centerline, and the City should not offer a compromise absent a good faith indication from the City of Mendota Heights that it is prepared to accept that compromise. It is further stated that the City of Eagan should not bear the consequences for Mendota Heights historic and continued decisions to build residential units within known noise zones, and in fact, immediately under established flight tracks,. The Committee wishes this information to be forwarded to the Council for its consideration at the October 18 Council meeting,. If you have any questions concerning this action, please contact me. AsYistant to,the City Administrator ��3 Agenda Information Memo April 18, 1989 City Council Meeting RECONSIDER ALIGNMENT OF TRAILWAY ADJACENT TO DANIEL DRIVE 8 LEXINGTON POINTE PARKWAY B. Request to Reconsider Alignment of Trailway Adjacent to Daniel Drive and Lexington Pointe Parkway --Property owners residing on Lexington Pointe Parkway and Daniel Drive have raised objections to the installation of the trail in the boulevard area adjacent to their homes. City staff has explained to those property owners who have contacted the City that the trail was proposed by the City and agreed to by the developer as a condition of platting to maintain the integrity of the master trail system. The developer was required to put in the trailway and apparently did not notify the residents prior to staking the trailway alignment, which raised a, number of questions that have been addressed to the City. This item is being placed on the agenda at the request of the residents who want to appear and object to the trailway and ask for either elimination or modification. For additional information on the item, refer to a memo prepared by the Director of Community Development and an attachment from the signed and exgcput�ed development Wreement. These items are enclosed on pages through t. As a reference point, this development is located within the Lexington South PUD, south of the Eagan High School/Dakota Middle School development., ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a modification to the trailway along Lexington Pointe Parkway and Daniel Drive. coq April 10, 1989 City Administrator City of Eagan Dear Administrator: As a representative of the home owners on Daniel Drive and Lexington Point Park Way, in the Lexington Point Development, I request that a hearing before the City Council be scheduled for the next available session: The topic of our petition being the construction of a sidewalk or bike trail adjacent to the property of these parties concerned. David Ashton 4278 Daniel Drive Eagan, Minnesota 55123 (612 452-0798 Office (612 452-4671 Home JOS MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE# DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 13, 1989 RE: TRAILSWAYS ALONG LEXINGTON POINTE PKWY E DANIEL DRIVE The Department of Community Development has researched the files for Lexington Pointe developments that abut Daniel Drive and Lexington Pointe Parkway. All developments have referred to a trail dedication and installation of a trail on either side of these two roads. In December, 1988, the developer, as well as homeowners in the area, met with the park committee regarding relocating the tra-ilways to the other side of the street. The park committee's recommendation was that the trail system remain as is and be installed in accordance with the stipulations of the development agreement. In conclusion, it appears that the developer has been aware of these trailways and has indicated to staff that he has made these conditions of plat approvals known to the builders regarding the installation of the trail. Therefore, the background information is documented and this trail should be installed in accordance with the development agreements. If you desire additional information or have further questions, please advise. Attached are copies of the conditions of the development agreement. dcr/js Attach. 1 0 EXHIBIT B 1. All standard platting conditions shall.be adhered to. 2. No side -yard variances with buildings less than 15 feet apart shall be allowed. 3. This plat shall be subject to a parks dedication fee. 4. Downstream trunk storm sewer facilities shall be ordered for installation by Council action prior to final plat approval. S. An erosion and sediment control plan shall be submitted and approved prior to issuance of a grading permit or final plat approval. 6. In addition to all common lot line drainage and.utility easements, appropriate utility and ponding easements must be dedicated based upon final design alignment and elevations. 7. This development shall be responsible for providing a sanitary sewer stub to the adjacent commercial property. 8. Major and minor access locations onto Diffley Road shall be in accordance with Dakota County Highway Department recommendations. 9. Daniel Drive shall be 80 feet wide and Lexington Pointe Parkway shall be dedicated with 70 foot wide rights-of-way if trailway is determined to be necessary. All remaining interior residential streets shall be a minimum SA foot wide, right-of-way. 10. This development shall be responsible for the acquisition of all regulatory agency and County permits in the time frame required by the affected agency.. 11. This development shall assume its assessment resp onsibilities, associated with trunk area storm sewer. 12. An eight foot wide bituminous trailway or a five foot concrete sidewalk shall be constructed along the west side of Daniel Drive or located as determined by the Parks Commission, as the responsibility -of this development. 13. The westerly extension of Daniel Drive and its intersection with the north -south major and minor connection to Dif'fley Road shall have a "T" configuration. 14. A detailed storm sewer system shall be submitted and approved by staff prior to issuance of a grading permit or final plat approval. Exhibit "B" - continued Page 2 of 2 12. An 8 foot bituminous trailway or, a;,5 foot 'concrete sidewalk shall be constructed along the west side of Daniel Drive as the responsibility of this development and adjacent unplatted property. 13. All standard plat conditions shall be, adhered to.. 14. The side yard setback shall allow dwelling units to be a minimum of 15 feet apart. 15. The entire 82 acres east of the Highl.ine easement shall be rezoned by amendment to the Lexington South Planned Development and a detailed development plan provided for the additional 54 acres. 16. The developer shall be responsible to construct and maintain a 20 foot wide gravel surface haul road to service this development for all construction activity, if needed, prior to the construction of the Daniel Drive extension under Project #510. 17. That the Developer is responsible to acquire and dedicate the necessary right-of-way for the extension of Daniel Drive between the existing Daniel Drive and Diffley Road, and that all such costs of acquisition including condemnation costs, shall be paid by the developer. log Agenda Information Memo April 18, 1989 City Council Meeting DECLARE SURPLUS PROPERTY 8 SET JUNE 3 AUCTION DATE C. Declare Miscellaneous Property Surplus/Authorise for Sale and Auction on June 3, 1989 --Each year the City has sponsored a public sale/auction to dispose of surplus equipment and police evidence that has exceeded the statutory 1'mitations and become City property. Enclosed on pages - 6 through off for review is: first, that equipment the City, is recommending as surplus property. The second page relates to those items declared as surplus property by the Police Department. This item was published in the official newspaper as a "New Business" item and in future years could be listed'as a "Consent" item. ACTION TO BE CONSIDERED ON THIS STEM: To approve or deny the declaration of certain City property and police evidence as surplus and authorize the sale and auction on June 3, 1989. The exception are those items that will be sold through a published ad in the League of Minnesota Cities magazine. `05 0 CITY OF EAGAN SURPLUS FOR AUCTION SATURDAY, JUNE 3, 1989 Landscape screens: 14 beige 5' x 5' 6 green 7' x 4' (wide) 3 orange 5' x 5' 1 green 7' x 3' (wide) 3 brown 5'x 5' 2 rust 5' x 5' 2 god d 5' x 5' 4 brown 5' x 2'(wide) 2 saw horses (not very sturdy) 1 large frame with glass 1 light fixture (ce.il.ing) 1 lamp (desk) 1 typing wing 42" x 20" repainted, no drawers 10 double unit card files 4" x 6" 3 room humidifiers 2 humidifier generators assorted ring binders 1 3M 596 copier with cabinet 4 Diablo printers and 5 II -P 150 computers to be sold through ad in Minnesota Cities lLc) CITY OF'EAGAN SURPLUS FOR AUCTION 1 Car vacuum 1 Air pot 1 Alpine equalizer 1 Alpine radio 1 Box of nails 1 Speaker (Realistic) 1 CB antenna 1 Car phone antenna l 16 oz.. claw hammer 1 Boom box (Toshiba) 1 Kodak movie camera 1 pr. radio speakers 2 pr sunglasses 4 rings & necklaces 1 Black jacket 1 Triml:iner phone 1 Tape box and two tapes I 5 -gallon gas can 1 Fi.sh locater (Lawrence) 39 assorted bicycles SATURDAY, JUNE 3, 1989 kitchen cabinets from Schindeldecker family for use in Eagan fire stations or City buildings Agenda Information Memo April 18, 1989 City Council Meeting VARIANCE/WARFIELD FOR FRONTYARD SETBACK D. variance, Bobby and Denise Warfield, Request for a 10 Foot Frontyard setback to the Required 30 feet, LeMay Lake Hills --Bobby and, Denise Warfield have made application for a 10 foot variance to the 30 foot frontyard setback requirement to construct a home and attached garage in Lot 4t, Block 2, LeMay Lake Hills Addition. For additional information on this item, refer to a report prepared by the Planning ,,4 Engineering Departments enclosed on pages'_l 3 through J / i ACTION TOME CONSIDERED ON THIS ITEM: To approve or deny the 10 foot variance to the 30 foot frontyard setback to allow the construction of a home and attached garage in Lot 4, Block 2, LeMay Lake Hills Addition as ,applied ,for by Bobby and Denise Warfield. SUBJECT: VARIANCE APPLICANT: BOBBY AND DENISE WARFIELD LOCATION: LOT 41 BLOCK 2, LEHAY LAKE RILLS 1345 TOWERVIEW ROAD EXISTING ZONING: PD R-1, SINGLE FAMILY DATE OF PUBLIC REARING: APRIL 18, 1989 DATE OF REPORT: APRIL 11, 1989 REPORTED BY: PLANNING AND ENGINEERING DEPARTMENTS APPLICATION SUMMARY An application has been submitted requesting a 101 Variance to the 301 front yard setback. The applicant is intending to construct a home and attached garage on lot 4, block 2, LeMay Lake Hills Addition. The proposed garage location would encroach 101into the front yard setback area, a total of 281 square feet. Lots 1 through 3, block 2, LeMay Lake Hills, have not received front yard setback variances. Both lots in the Holmes Addition have received 101 variances to the front yard setback. Holmes Addition is located to the east of the parcel in this request. The applicant feels that, due to the steep grade on his property, it is necessary to move the building closer to the front property line, alleviating the burden of construction on the slope. The proposed house meets all other setback and building coverage requirements. If approved, this Variance shall be subject to all other Code requirements. U __ longi _oxx Ro _ ?-T— Rdu.u' „11155 4 i tpII� L\f �..in Pior if ry -- — cox R i - x'go W W <41 �\ q _.. � ,�' M ,.RD �b R M 1(1 �Il OVARRY PARR MI —q, ; •gym r.. _2 �t� 1 I� .fir::\• :L y\\ Io t_ o I L[MAr ' * r pap dl,Rt r t FF �tti' l�t1' i r �� tt� B• 8• ' 1 a )'. t, r 2T_ RVI M' a _ ROAD p:. .. i - LU KA n.., M e ADD TION ! i p gciY jk' Nr W. n s Ar QUARRY 'LANE a*oJ ► / rr•, nc -•=a, • rye;' rr .. nw ,:fes. , rre ,HR1 '3'a.\,X �I •.{ls%��•. PARK i r., •,� J. f !1 n Y\i• . Yt \ � m - �•'� w .f a %•�.''. !' d7• \. :�. .•r0 • \'*:''? . .: nry •� ie r • IJ• fr 'r \C@ ° dll �k. DOlop 26 It b u.0 .tllP:. I �•..� �TI • J r 1 'SC' CERTIFICATE OF SURVEY ;., .�.; i,;-.•:! cir .`r umh•r n•: .'.,i r..- ,unor- `.•i ..•`n a11,1, that I art a 1114 rttgi •��r!'; r. I nii, l :nrvv%-,r undo,r thr laws. of 6'e^ ti[ae� „f 71inneq,rt+. yob .A 4 P 9YP SLJISCALE 1 !0 1 0 ?E!7cTEE IRON f.!Cf1 - !0 I O ?E!acTEE IRON t.!Of; REFARE'- FOR: ro Id 'Phillip, "Ii nncapnl To'J.rE--- .R-,/ 1'cw R o p,b BEARd7J_. ARE ASSUMED DATUM. JACOBSON SURVEYORS -; KEv1LLE, MN 55044 PHC,fiE - 469-4328 ..J. —,.-7 Agenda Information Memo April 18, 1989 City Council Meeting PRELIMINARY PLATS/KINGSWOOD THIRD ADDITION E. Preliminary Plat for Kingswood Third Addition/ Horne Development Consisting of 46 Bingle -Family Lots and 28 Acres Located on the West Side of Pilot Knob Road --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider a preliminary plat for the Kingswood Third Addition consisting of 46 single-family lots on 28 previously zoned R-1 acres located between I -35E and Pilot Knob Rd., south of Englert Rd. Also considered was a variance to a cul-de-sac length in excess of 500 feet. The Advisory Planning Commission is recommending approval of the preliminary plat and variance as presented. For additional information on this item, refer to a report prepared by the Depa tment of Community Development and Public Works found on pages 1171_ through Z-�o The Advisory Parks and Recreation Commission at its April 6, 1989 meeting approved and recommended to the City Council a cash parkland dedication for portion of all lots located south of the southern Blackhawk PD Boundary, which includes Lots 10 through 16 and 38 through 43, Block 1,, Kingswood Third Addition. This action should be considered as a condition if the Kingswood Third Addition is to be approved by the City Council. For additional action as taken by the Advisory Planning Commission refer to a copy of their minutes enclosed on pages through `Z� ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) preliminary plat entitled Kingswood Third Addition and 2) variance to the 500 foot requirement for a cul-de-sac. CITY OF EAGAN SUBJECT: PRELIMINARY PLAT, VARIANCE (KINGSWOOD 3RD ADDITION) APPLICANT: BORNE DEVELOPMENT COMPANY LOCATION: BE 1/4 SECTION 16 a NE 1/4 SECTION 21 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: MARCH 28, 1989 DATE OF REPORT: MARCH 20, 1989 COMPILED BY= DEPARTMENT OF COMMUNITY APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat for the -Kingswood 3rd Addition consisting of 46 single family lots on 28 previously zoned R-1 acres located between I -35E and Pilot Knob Road just south of Englert Road'. A Variance is necessary is for cul-de-sac lengths in excess of 500'. The northern 21.5 acres were 'rezoned and preliminarily platted into 30 single family lots with the Oak Meadow Addition late last summer by Meritor Corporation. The southern 6.5 acres owned by Horne Development ,were also rezoned to a single family classification last year and would have been serviced through the Meritor plat. Mr. Horne is in the process of purchasing the Oak Meadow area and will rename the entire area "Kingswood 3rd Addition". Since the Oak Meadow Addition was never final platted, this proposal would not be considered a replat. EXISTING CONDITIONS/SITE PLAN: Currently, this site consists of open grassland with steep slopes failing towards a ponding area in the center of the plat. Trees in the low -..lying area will be left intact,, for the most part, with the proposed grading. The single access point onto Pilot Knob Road is in the same location as the previously approved plat. The plat differs slightly in that the road continues along the northern property line, creating walkout lots overlooking the pond. An exhibi-t has been included showing how this area to the north could be developed and tied into this proposal. The major concern of bordering families is the proposed assessments for the east/west road - (Street C). This new proposal creates three additional lots and all lots vary in size from 13,475 sq. ft.. to 41,965 sq,. ft. with an average of 22,,506 sq;. ft. The net density is 1..9 units per acre. This plat is proposing a landscaped entrance 35E, as well as cul-de-sac island plantings are well done, however, detailed plans will final plat submission. Currently, these proposed as outlots and this may change creating potential tax forfeiture parcels. addressed with the final plat. and buffer along I - The planting plans be required with the open spaces are being due to concern of This issue will be GRADING/DRAINAGE/EROSION CONTROL: The preliminary grading plan submitted as a part of this application proposes cut and fill areas ranging from 16' +/- to approximately 20' +/- respectively. The development is proposing to construct two retaining walls, one located along the north property line and the other located at the southeast corner of the proposed development. The development will be required to submit detailed plans and specifications for the proposed retaining wall construction for staff's review and approval. All slope areas will have to meet the City's 3:1 slope requirements. All proposed grading is confined within the boundaries of the proposed development. All site generated storm water runoff is required to be conveyed to Pond JP -5. Pond JP -5 is a designated ponding area in the City of Ea,gan's Comprehensive Storm Sewer Plan. Any proposed modifications to Pond JP -5 requires the approval of MnDot. A preliminary erosion and sediment control plan was submitted as a part of this application. UTILITIES: Sanitary sewer service of sufficient depth and capacity is available to the site in I-35 right-of-way at the southwesterly corner of the proposed development. The development is proposing to utilize this connection and serve the entire site by gravity flow.At certain locations with this proposed layout, sewer depth will be in excess of 351. Also, with the proposed layout, a portion of the sanitary sewer would be constructed on lot lines and a berm splitting the existing ponding area. The proposed cover over the sewer pipe through the berm area would be approximately 2'-11. Sewer line maintenance would be a problem if constructed' as proposed. An alternative to this proposed layout would be to serve the westerly lots by gravity and connect to the existing stub located in I' -35E right-of-way at the southwesterly corner of the proposed development. The easterly proposed lots would drain by gravity and in a northerly direction to the intersection of the proposed access road and Pilot Knob Road, then north along•the west right-of-way line of Pilot Knob Road to Englert Road to an existing 15" sanitary sewer. This existing sewer has sufficient depth and capacity to serve this area. The alternate sanitary sewer layout would substantially reduce the sewer depth and construction costs. All the sewer lines would be constructed within public right-of-way. Utility and construction easements would be necessary if a sewer line were constructed along the west right-of-way of Pilot Knob Road from the proposed access road north to Englert Road. `A water main service of sufficient pressure and capacity is readily available in Pilot Knob Road. Water main service has been stubbed to the property line as a result of the reconstruction of Pilot Knob Road. The development will be required to provide water main service to the property line located at the southeast corner of the proposed development for future service. Houses constructed below elevation 875 will be required to install individual pressure reducing valves. STREETS/ACCESS/CIRCULATION: Public street access to this site is readily available and is proposed in one location at the northeast corner of the proposed development. The Dakota County Plat Commission had previously approved the access point of this preliminary plat at its August 29, 1988 meeting when it was submitted as Oak Meadow. Both proposed cul-de-sac's length are in excess of the 500' maximum length permitted by City Code. The projected A.D.T. at the location of the proposed street at Pilot Knob Road will be approximately 500 trips per day. EASEMENTS/RIGHTS-OF-WAY/PERMITS: The development has proposed to dedicate the necessary right-of-way for the upgraded Pilot Knob Road. The County will be requiring restricted access along the Pilot Knob Road frontage. The development will be required to supply the appropriate easements for those public utilities constructed outside of the dedicated public street right-of-way. The development will also be responsible for acquiring the appropriate slope easement and street right-of-way from the northerly adjacent property. The development will be required to provide the appropriate ponding easement for Pond JP -5 to incorporate the required high water level and storage volume requirements in accordance with the City of Eagan's Comprehensive Storm Sewer Plan. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. FINANCIAL OBLIGATIONS': Based upon a study of the financial obligations collected .in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee ,schedule and connections proposed to be made to the City's utility system based on the submitted plans. ROJ # DESCRIPTION RATE 24 Lateral Benefit Water 6.88/ff TOTAL QUANTITY 460 ff AMOUNT $ 3,165 $ 3,165 0 KINGSWOOD 3RD ADDITION CONDITIONSt 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C3, C5, D1, El, F1, and Gl. 2. Potential tax forfeiture issues shall be resolved prior to the final plat submission concerning the outlots and cul-de- sac island issues. 3. The development will be required to submit detailed plans and specifications for the proposed retaining wall construction for staff's review and approval. 4. All slope areas are required to be 3 to 1 or less. STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staf'f's report in accordance with: the final plat dimensions and the rates in effect at the time of final plat approval. B. Basements and Rights -of -Nay 1. This development shall dedicate 10' drainage and utility easements centered over all common.lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate 'share of the acquisition costs of additional drainage,' ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundarie:s'of this plat or outside of dedicated public right-of-way as necessary to service this. development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall• be designed by a registered professional engineer ,in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval,. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-s'a'c constructed in accordance with City engineering standards. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 5. A1.1 internal public and private streets shall be constructed within the required right-o.f•-way in accordance with City design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfull its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: LTS#2 STANDARD ID2 1 1 '� 11'I 1 I 1' I.;•.�i..j ../ _ .. - _...>___ ""°'•=tea— � ' � ;�� If ft - 1 IDT �� \JI r m kr n. r : ... IN 10 I-,��. :; - ,;� Vii;;', � �•• ;;��`� - �,; ' t � �� :, �= _, _'--:`G��ene,---4•.� \•a�o�ie': � :•. �I �\)I�I i, �1 11)1/�JI1 \\`\1 �I'�` [ � 3 INd LM~Ad IIWIiiY PAS wnn ••Y•r iWY •OIYII _ _ Iii i�e•I II II I� Li , ll i I'Ii' 411 •• IP hi �� I I I I I I I I I� IIII 11 p �1�I11;�.111 li �'I.II.I I'iii'1�I III IIII I I I I i � ,i I i�iiill��1II11 I Illi'II I;I1;4.1!•I,•,I'liil fIIIIIIIIIII i JIIIII. 1111 / YO ;Oi ` •� 1 ./ 04' w. aI-' r � Jr' I�'`.i � }� r it •, n � Il ii'1ll �l �''I� r i// 'll'I I.Ii1;J, 1'i• .Ili��l�l�i•l r I�n!, r� �� 1 '❑I'`� 1 I I "• 1�jI , .TI,rI•P;' 11M�y li I; II.I 1 1 r 1 i.. ...I 111 I �i•,q�••'/ni 111. 11�yI �1_— 'i;ailii'rl ��•1 i � i , ri • '• 1'',i; 7Ap 1. lll�{.1 Ej i 1 I - ^\• •- -r. , '� ,' , !-lYL 1, r! III .I 'M' -, 1 /�_ 'c'��/,I"�,�'r r,A B._'•� 11 � �`. I , j I; w: 5 i I f I I •1C, r v _L7F-}' . .'� I 1 II 1 \ 1 �I .1•I I / I'Ii' 411 I Ili I,II j1�1 1 I I •i I!i � 11!�ii1 IV: IIII Ili!11•j'!II;II:'I �� I I I I I I I I I� IIII 11 p �1�I11;�.111 li �'I.II.I I'iii'1�I III IIII I I I I i � ,i I i�iiill��1II11 I Illi'II I;I1;4.1!•I,•,I'liil fIIIIIIIIIII i JIIIII. 1111 / YO ;Oi ` •� 1 ./ 04' w. aI-' r � Jr' I�'`.i � }� r it •, n � Il ii'1ll �l �''I� r i// 'll'I I.Ii1;J, 1'i• .Ili��l�l�i•l r I�n!, r� �� 1 '❑I'`� 1 I I "• 1�jI , .TI,rI•P;' 11M�y li I; II.I 1 1 r 1 i.. ...I 111 I �i•,q�••'/ni 111. 11�yI �1_— 'i;ailii'rl ��•1 i � i , ri • '• 1'',i; 7Ap 1. lll�{.1 Ej i 1 I - ^\• •- -r. , '� ,' , !-lYL 1, r! III .I 'M' -, 1 /�_ 'c'��/,I"�,�'r r,A B._'•� 11 � �`. I , j I; w: 5 i I f I I •1C, r v _L7F-}' . .'� I 1 II 1 \ 1 �I .1•I I / ead P+lwo uepa3 "IWPV Pic [ '1'— pa OMY•O VeeM 90IMM �� ••� - ._ __ � �., 14 I I I ^�� n � • / � [ 1�' irn gar i, ' I + „ 11 111 _ I i ;�.`'';'��\'�' r p -7 L51MW65,0 (37 kQD/) �.CZNArw" 73.a/76.0 --- - 103=' .: p •4• I EIV ACK r jw jKp�� III :;:.�.,,.,�:.•.. � S � Y J-. r _ p, �s si.a77.0 SARK /` " N J-I E T2 iL=1 269 01 120 ,\_ -f 177 iPARK ssal•�wI� 121 EE 60aC QT+[uanNN ' -- 4020 6/ 125 .0160 I55.. C :I J. V7. '! i �'.� I 1.,^`•- 7s33 SUBJECT PARCEL F1 03 city of eagari WATER '�'oiid plati°IItl PUBLIC WORKS MASTER PLAN DEPARTME Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 19,89 4. The parking setback along Lone Oak Road will be 35 feet from the new 10 foot right-of-way easement line;. 5. The project will be designed so that access to the truck port will be taken from Neil Armstrong Boulevard. 6. The newly created parcels shall be combined at the County within 60 days of the waiver of plat approval, with documentation to the City Clerk within 3O days, of the recording. 7. All signage shall be subject to the City's one-time' sign fee of $2.50 per square foot. B. The proposal shall be subject to a cash parkland dedication according to the current policy and a 6 foot wide concrete sidewalk be placed along Lone Oak Road. 9. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the waiver of plat dimensions and the rates in effect at the time of the City releasing, the waiver of plat for recording. 10. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 11. The development is subject to further requirements relating to grading, drainage, erosion control, street access, storm sewer, ponding, sanitary sewer, easements and water main as necessitated by the building permit process review by City staff. All voted in favor. RINGSWOOD 3RD ADDITION/BORNE DEVELOPMENT Chairman Pawlenty opened the next public hearing regarding the application for a preliminary plat consisting of 46 single family lots on 28.0 acres located along the west side of Pilot Knob Road in the southeast quarter of Section 16 and the northeast quarter of Section 21. City Planner Jim Sturm summarized the application for the Commission. He informed the Commission that the staff had concerns regarding the assessment issue.. Be stated that the outlots should be combined to prevent tax forfeiture. Rollie Crawford (Horne Development) stated that the plat was around the MOOT ponding area and thus the request for the variance for the cul-de-sac. He stated that most issues would be resolved before the final platting process. Be explained the retaining walls Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 and observed that the conditions were acceptable. He pointed out that the park dedication for the 21 acre portion had been previously met. Be requested approval of the application. Joel Cooper (Pioneer) was present for technical questions. Hank Brewstel, adjoining landowner, requested safety measures for the retaining walls. He had questions regarding the sewer and water layout. He asked what types of homes would be constructed and had concerns regarding the assessments. Assistant City Engineer Mike Foertsch responded that the sewer line had not been reviewed in detail but that the most beneficial layout would be used. He emphasized that the retaining walls are required to be constructed of masonry keystone. Member Merkley asked if there would be anything on top of the walls. Mr. Horne stated that bushes or a rail could be used. Mr. Foertsch recommended the addition to proposed condition number'3 of a safety rail requirement on the walls. Mr. Horne agreed to the addition to proposed condition number 3. Member Voracek had questions regarding the existing home driveways. City Planner Jim Sturm showed the locations.. Member Voracek questioned if there were existing easements. Mr. Sturm stated yes. Voracek questioned if there were any changes from the previous plat regarding the conditions. Mr. Sturm stated no. Member Graves questioned if the berming would screen the freeway. Mr. Sturm stated yes and that also the trees would be transplanted. He commented that there would be no gravel in the cul-de-sac islands. Graves asked if the islands would be maintained. Mr. Sturm responded that the question was being addressed. Mr. Crawford addressed the assessment issue and commented that Mr. Brewstel should not pay if his property was not benefited. He stated that an apportionment of costs would be addressed down the road and that he did not foresee any difficulties. He further stated that the sanitary sewer alignment was being evaluated. He pointed out that he too wanted maintenance of the islands. Mr. Sturm reported that the cul-de-sacs were about 1000 feet. Member Merkley asked if the grading would occur in the MnDOT right-of-way. The developer stated it was not in the plans. Mr. Sturm commented that the park dedication was necessary only on two outlots and that it would be a cash dedication. Voracek moved, Graves seconded, the motion to close the public hearing and approve a preliminary plat consisting of 46 single family lots on 28.0 acres located along the west side of Pilot Knob Road in Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 the. southeast quarter of Section 16 and the northeast quarter of Section 21, as requested by Horne Development, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al,, B1, B2, H3, B4•, C1, C2, C3, C5,, D1, E1, rl and G1.. 2. Potential tax forfeiture issues shall be resolved prior to the final plat submission concerning the outlots and cul-de-sac island issues. 3. The development will be required to submit detailed plans and. specifications for the, proposed retaining walls (including a safety railing) construction for staf'f's review and approval. 4. All slope areas are required to be 3-1 or less. All voted in favor. EAGAN-CENTER 4TH ADDITION/TRI-LAND IP Chairman Pawlenty convened the public hearing regarding an application for a,preliminary plat consisting of one lot and three outlots on 32.21 Planned Development - Community Shopping Center zoned acres and a conditional use permit for a daycare facility in a Community Shopping Center district located along the east side of Lexington Avenue, south of Kensington Trail (extended) in the northwest quarter of Section 26. City Planner Jim Sturm briefed the Commission regarding the application from Tri -Land Partnership. He stated that the request was for a preliminary plat of 32.21 CSC zoned acres within the Lexington South Planned Development into an 0.;80 acre lot for a,daycare facility and three outlots for future development. John Camp (developer) was available for questions. Randy Peterson informed the Commission that the street would be dedicated. Member Voracek questioned if the parking was sufficient should the daycare facility use change. Mr. Sturm stated yes. Chairman Pawlenty had questions regarding the landscaping. Mr. Sturm stated he did not foresee an problems with the landscaping. Gene Peterson commented that a chain link or wood fence would be provided. Mr. Sturm pointed out that a black chain link fence would work well in the development. Member Gorman requested the addition of a condition regarding the black chain link fence. W Agenda Information Memo April 18, '1989 City Council Meeting PRELIMINARY PLAT/EAGAN CENTER"THIRD ADDITION F. Preliminary Plat for Eagan Center Third Addition/Tri-Land, Partnership Consisting of One Lot, Three Outlots on 32.21 PD-csc Zoned Acres and a Conditional Use Permit for Day -Care Facility --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider a preliminary plat and conditional use permit application submitted by Tri -Land Partnership to plat 32.,21 zoned acres within the Lexington South PD into 1.80 acre lot for day-care facility and three outlots for future development located along the east side of Lexington Ave. abutting Walnut Hill Park on the south. The Advisory Planning Commission is recommending approval of both preliminary plat and conditional use permit. For additional information on this item, refer to a report prepared by the Department of Community Development and Public Works Engineering found on pages _I 3 / through 1 yr . The Advisory Parks and Recreation Commission at their April 6;, 1989 meeting is recommending 1) the parcel is within the Lexington South PD and subject to a cash obligation according to a subsequent planned development agreement and 2) the proposal is responsible for the placement of a six foot concrete sidewalk along Lexington Pointe Parkway and a eight foot bituminous trail along Lexington Ave. This action should be considered as a condition of approval if Eagan Center Third Addition is to be replatted as proposed.. For a copy of the act -ions by the Advisory Plann' g Commission, refe to those minutes., copies enclosed on pages � through (7 for your reference. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat and conditional use permit for Eagan Center Third Addition as requested by Tri -Land Partnership. �3� CITY OF EAGAN SUBJECTs PRELIMINARY PLAT, CONDITIONAL USE PERMIT (RAGAN CENTER 3RD ADDITION) APPLICANT,: TRI -LAND PARTNERSHIP LOCATION: NW 1/4 SECTION 26 EXISTING ZONING: CSC (COMMUN3TY'SHOPPING CENTER) WITHIN THE LEXINGTON SOUTH PLANNED DEVELOPMENT DATE OF PUBLIC HEARING: MARCH 28, 1989 DATE OF REPORT: MARCH 22, 1989 COMPILED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT APPLICATION SUMMARY:, An application has been submitted by Tri - Land Partnership requesting a Preliminary Plat of 32.,21 CSC -zoned acres within the Lexington South Planned Development into 'a 1.80 acre lot for a day-care facility and three Outlots for future development located along the east side of Lexington Avenue, abutting Walnut Hill Park on the south. Currently, this site is Outlot C of the Lexington Pointe Addition. A Conditional Use Permit is necessary for a day -case facility in a CSC district. Earlier this year, a preliminary plat application for a golf driving range was proposed as Eagan Center 3rd Add-ition, but since that platting was not required, this item will become the Eagan Center 3rd Addition and not the.4th. SITE PLAN: Lot 1, Block 1, consisting of open flat grassland would be developed immediately for a New Horizon day-care facility. This will require the easterly extension of Lexington Pointe Parkway, approximately 200' from Lexington Avenue where a temporary cul-de-sac will be constructed. A gravel construction road serving the Lexington Pointe residential area to the east, is presently in,this location. The building will be constructed with a brick and cedar exterior, the same as the building along Scott Trail, north of Cliff Road. All building and parking setbacks.meet Code requirements and proof -of -parking has been demonstrated if the use should ever change to an office type. The landscape plan needs to be upgraded to meet current City landscape policy standards. This can be.accomplished with' the final plat submission. Outlot A (5.2 acres) will eventually be dedicated as R.O.W. for Lexington Pointe Parkway. Outlot B (4.4 acres) and Outlot C (21.8 acres) will be replatted as future development occurs. 13' GRADING/DRAINAGE/EROSION CONTROL: The proposed grading plan submitted as a part of this application shows grading limited entirely to Lot 1, Block 1. A minimal amount of grading is required for this proposed development. -The development proposes to collect the storm water runoff with an internal storm sewer system and then conveyed it by pipe in a northwest direction to the existing storm sewer located in Lexington Avenue where a new manhole is proposed to be constructed. The runoff is then conveyed north and easterly to Pond JP -29. Pond JP -29 is a designated ponding area in the City Comprehensive Storm Sewer Plan. No preliminary erosion and sediment control plan was submitted as a part of this application. UTILITIES: Sanitary sewer of sufficient depth and capacity is readily available along the east boulevard of Lexington Avenue. Water main of sufficient capacity and pressure is available from the 20" DIP water main located in the west boulevard of Lexington Avenue. An 8" DIP water main stub is located at the east right- of-way line and north of the proposed development and is available for connection and extension to serve this development. The development will be required to also provide sewer and water services to the property lying north of the proposed street for future service. STREETS/ACCESS/CIRCULATION: Access to the proposed site is readily available from Lexington Avenue and the proposed east -west roadway. A single access point is proposed for this development. It is required that the proposed east -west roadway be in alignment with the existing private street lying on the west side of Lexington Avenue. The driveway entrance is required to be 30' in width. EASEMENTS/RIGHT-OF-WAY/PERMITS: The development is proposing adequate half right-of-way for Lexington Avenue. The development will be responsible for dedicating a 80' right-of-way for the proposed east -west public street with the construction of a temporary cul-de-sac at the easterly end. 'The development will be required to provide utility easements for those public utilities constructed outside of the public right-of- way. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. 15 Z FINANCIAL OBLIGATIONS: Based upon a study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City"s utility system based on the submitted plans. ROJ # DESCRIPTION 304 Sanitary Sewer Trunk 304 Water Trunk 538 Water Availability Chg 304 Lateral Benefit Water Trunk 330 Trail TOTAL RATE QUANTITY AMOUNT 1,365/a .8 a $ 1,097 1,380/a .8 a 1„109 2,115/a .8 a 1,699 2.12/ff 192 f 407 8.10/ff 192 ff 1,555 PARR ISSUES: The parcel is within the Lexington Development. This development is subject to a according to the subsequent Planned Development proposal is responsible for the placement of sidewalk along Lexington Pointe Parkway and an trail along Lexington Avenue. $ 5,867 South Planned cash obligation Agreement. The a 6' concrete 8' bituminous EAGAN CENTER 3RD CONDITIONS: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, Bl, B2, B3, Cl, C2„ C3, C4., C5, Dl, E1, F1, and Gl. 2,. A. revised landscape plan shall be submitted with the final plat that adds trees along Lexington Avenue, as well as trees and.berming along Lexington Pointe Parkway. 3,. No parking on Lexington Avenue or Lexington Pointe Parkway shall be permitted. 4. This plat name shall be revised to the Eagan Center 3rd Addition. 5. The development is required to provide sewer,and water service to the northerly adjacent property. 13� STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Basements and Rights -of -Flay 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. M STANDARD CONDITIONS OF PIAT APPROVAL PAGE TWO 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. B. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfull its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved': August 25, 1987 September 15„ 1987 Revised: LTS#2 STANDARD I �f '7 ' I-EX!NjTwf-ZJ rjC.:,NJTE 2^b ADD:T',,XJ I cunni WLOT I it T II omni E NGTON C, IWILOI I r4GAN Fj' KENSINGTON I LACE iIST LE,'�P3T'-Al PCNT.' 2NO AMMON LLI Cf.) cunni L LLJ CN L) , IN M < II a' 3R0 10 � Ili � C, IWILOI I r4GAN Fj' KENSINGTON I LACE iIST LE,'�P3T'-Al PCNT.' 2NO AMMON LLI Cf.) LLJ L) , IN < 3y S~73 T"L- TRASH ENCCO UR Csr:is ry•= i i . PLAY AREA SURROUND V WE DATA ung. va.o�� os a• 3y S~73 T"L- TRASH ENCCO UR Csr:is ry•= i i . PLAY AREA SURROUND CC _M1 JL -oma �^J•��t '[ec YrwV \\ MI 4-)I7 —0 W II �I � \ � Ef•1 \ r...+y r R a!Q i exe .cn. e 6 6 "wain v+•ice 9 : �.. Vie. r:. .. v-y�i�':F �:- � '�I ;.449-� •` _ _ �,�� :�._.__�.�__.aY.. tea:,: 7.��•:: , i exe .cn. e 6 6 "wain v+•ice 9 : �.. U, IJ !s Ile ti 'EXINGi N. PONTE 7_FC ADCiT;OPJ n IlIOII! r %- PRELWICRY PLAT FOR. EAGAN CENTER 4In ADD. _ sgli/e.f Wi d&TRI-LAND SURVEYING CO.,11 SWK+ORS / CNp KCRS / PLA?"RS ,p,. Ry,q.q{few. \R • Y�11N p,p w110®I.IO.IYa..�• n a s ' �—^—Z � y b i f� [� [Lis Ile ti 'EXINGi N. PONTE 7_FC ADCiT;OPJ n IlIOII! r %- PRELWICRY PLAT FOR. EAGAN CENTER 4In ADD. _ sgli/e.f Wi d&TRI-LAND SURVEYING CO.,11 SWK+ORS / CNp KCRS / PLA?"RS ,p,. Ry,q.q{few. \R • Y�11N p,p w110®I.IO.IYa..�• n i [� [Lis �c ,43{ 1 ? acE A=�ITICN Ile ti 'EXINGi N. PONTE 7_FC ADCiT;OPJ n IlIOII! r %- PRELWICRY PLAT FOR. EAGAN CENTER 4In ADD. _ sgli/e.f Wi d&TRI-LAND SURVEYING CO.,11 SWK+ORS / CNp KCRS / PLA?"RS ,p,. Ry,q.q{few. \R • Y�11N p,p w110®I.IO.IYa..�• n n::. i.4 .... 8 � v r f) 0 USMIIG 45 LElIff AVE 1'7 IJJ /. ,v -/ 1L H LExaJGT'rJ , PONTE b m ZFU acama wY n� I PRELYNtRT. PLAT FOR. ��• EAGAN CENTER UA ADD. ....I ... L-1 —_I (AoeR L•w 0 9&TRI•LAND S{R VET1NG CO -01 51FVE�ORS / ENGMERS / PLANERS �. a..w-.sly.+ • a.. �.. EI I r I B �----z r s I el{ oil 7 jp E H, I IR ACE ppIiTICd! %TRI-LAND'SURVEYVA 0,M S.RVE.DRS I ENVNEERS I PLANNERS O•. YY•A wIp1.Y.\R . Vn 10! •we...n. ®i•m�rr w ssw I r LEXtriT;r! , POINTE 3FC ArDT!CTJ. to .••w.•u• .•l•••.'..•�.. i.. Revisions Y PREE.RI.RY PLAY FOR: ERGONCEN7ERAIA A DD.e:..... Nn W %TRI-LAND'SURVEYVA 0,M S.RVE.DRS I ENVNEERS I PLANNERS O•. YY•A wIp1.Y.\R . Vn 10! •we...n. ®i•m�rr w ssw F, in in D^ C) m m ON 0 R 5 6 i �E EE i i4.1\SI�Y� LACE ACCITICN k EI I Cw 1aG 43 IIERKTUV AVE 11 o rn i cl o. +) / / F `I r �j` �L� El— - —I CT LEXRYT;M, PUNTE 3FC APDTI^_AI n H.H.. n...... ' 'Revisions A. J '�. �% Tib —'�tE—aTRI-LAND �RECM.eRt Ret fell: y,1RVEtING.CO.,INC •. EAGAN CENTER 41h PDD. PENfJNEERs / RYVEeS H„� •� e..•... •� ••• �lu,i�...✓ .4/e: i.n� eu yA.'Eigis ir.n w.n,® m �.rRr:r �sr� E. PARR �I 12� I 2d� 20 21 237 121-' 794 055.1, EoGAN - •�. '72i.7-Rf HIGH SCHOOL _ ADDITION 1020 G 1/75.0 39. ZA/ Ru 21.5/ 1 �'1 IS 33.0 II E 4 M IGRWNB 1 �•�; STORAGE 1 _ HI/LA059 20 GC• 3/ LC�`' e I� 1oz w�T HILL ,i AD51 .. - _109'$. x+10 do 2 279 18 81.6/100.0 - �. _ 88.0/108.0 +< "i""SUBJECT PARCEL FIG 03 city of Sagan WATER approved: plate°1: PUBLIC WORKS MASTER PLAN DEPARTME Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 the southeast quarter of Section 16 and the northeast quarter of Section 21, as requested by Horne Development, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al. B1, B2r B3r B4, C1, C2, C3, C5, D1, E1, F1 and G1. 2. Potential tax forfeiture issues shall be resolved prior to the final plat submission concerning the outlots and cul-de-sac island issues. 3. The development will be required to submit detailed plans and specifications for the proposed retaining walls (including a safety railing) construction for staff's review and approval. 4. All slope areas are required to be 3-1 or less. All voted in favor. EAGAN CENTER 4TH ADDITION/TRI-LAND PARTNERSHIP Chairman Pawlenty convened the public hearing regarding an application for a preliminary plat consisting of one lot and three outlots on 32.21 Planned Development - Community Shopping Center zoned acres and a conditional use permit for a daycare facility in a Community Shopping Center district located along the east side of Lexington Avenue, south of Kensington Trail (extended) in the northwest quarter of Section 26. City Planner Jim Sturm 'briefed the Commission regarding the application from Tri -Land Partnership. Be stated that the request was for a preliminary plat of 3.2.21 CSC zoned acres within the Lexington South Planned Development into an 0.80 acre lot for a daycare facility and three outlots for future development. John Camp (developer) was available for questions. Randy Peterson informed the Commission that the street would be dedicated. Member Voracek questioned if the parking was sufficient should the daycare facility use change. Mr. Sturm stated yes. Chairman Pawlenty had questions regarding the landscaping. Mr. Sturm stated he did not foresee an problems with the landscaping. Gene Peterson commented that a chain link or wood fence would be provided. Mr. Sturm pointed out that a black chain link fence would work well in the development. Member Gorman requested the addition of a condition regarding the black chain link fence. I �� Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 Member Voracek had questions regarding proposed condition number 3 and asked if no parking signs would be posted. Mr. Sturm stated that the condition would run with the parcel. Gene Peterson addressed the street parking issue. Miller moved, Gorman seconded, the motion to close the public hearing and approve a preliminary plat consisting of one lot and three outlots on 32.21 Planned Development - Community Shopping Center zoned acres and a conditional use permit for a daycare facility in a Community Shopping Center district located along the east side of Lexington Avenue, south of Kensington Trail (extended) in the northwest quarter of Section 26, as requested by Tri -Land Partnership, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on. September 15, 1987, shall be complied with: Al, B1, B2, B3, C1, C21 C3, C4„, C5, D1,, E1, F1, and G1. 2. A revised landscape plan shall be submitted with the final plat that adds trees along Lexington Avenue, as well as trees and berming along Lexington Pointe Parkway. 3. No parking on Lexington Avenue or Lexington Pointe Parkway shall be permitted. 4. This plat name shall be revised to the Eagan Center 3rd Addition. 5. The development is required to provide sewer and water service to the northerly adjacent property. 6. The development is required to provide a black chain link fence or other limited visibility fencing. All voted in favor.. SODERBOLM ADDITION/EAGLE ENTERPRISES Chairman Pawlenty opened the public hearing regarding a Comprehensive Guide Plan amendment changing, the land use designation from D -I (Single Family, 0-3 units per acre) to LB (Limited Business), a rezoning of 7.89 PD R-4 (Planned Development - Multiple Residential) acres to a PD LB (Planned Development- Limited Business) district, a preliminary plat consisting of eight lots and a conditional use permit for a pylon sign located in the northwest corner of Lexington Avenue and Diffley Road in the southwest quarter of Section 23. l4-� Agenda Information Memo April 18, 1989 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING PRELIMINARY. PLAT CONDI_T_IONAL USE PERMIT BODERHOLM ADDITION G. Comprehensive Guide Plan Amendment for Soderholm Addition/Eagle Enterprises, Changing the Land Use Designation from D -I to LB, Rezoning of 7.89 PD R-4 Acres to a PD LB, Preliminary Plat Consisting of 8 Lots and 'the Conditional Use Permit for a pylon sign --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider applications from Eagle Enterprises with reference to Soderholm Addition for Comprehensive Guide Plan Amendment, Rezoning, Preliminary Plat, Conditional Use Permit as identified in the agenda item. The Advisory Planning Commission is recommending approval for all the applications as presented. For additional information on this item, refer to the report prepared by the Department of Communit velopment and'Public Works Engineering referenced on pages through The Advisory Parks and Recreation Commission at its April 6 meeting approved for recommendation of the City Council that the proposal be subject to a cash parkland dedication and also an 8 foot bituminous trail along Diffley Rd. For a,&opy of the A•P.0 action, refer to pages through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) Comprehensive Guide.Plan Amendment from D -I to LB, 2) rezoning of 7.89 acres PD R-4 to PD LB, 3) a preliminary plat entitled Soderholm Addition, and 4) a conditional use permit for a pylon sign. SPECIAL NOTE: The City Council may wish to discuss both items G and H, due to the comprehensive planning the City is requiring for the development of this parcel. Action to rezone and consider Comprehensive Guide Plan Amendments and other actions must be separated as two separate agenda items. I�Q CITY OF EAGAN SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLAT, CONDITIONAL USE PERMIT (SODERHOLM ADDITION) APPLICANT: EAGLE LOCATION: SW 1/4 SECTION 23 EXISTING ZONING: R-4 (MULTIPLE) DATE OF PUBLIC HEARING: MARCH 28, 1989 DATE OF REPORT: MARCH 20, 1989 COMPILED BY: DEPARTMENT OF COMMUNITY APPLICATION SUMMARY: Separate applications have been submitted requesting a Rezoning of 6.39 R-4 (multiple zoned) acres within the Lexington South Planned Development to a Limited Business district and a Preliminary Plat for the Soderholm Addition consisting of eight lots on 7.89 acres. Two of these lots are designated for the existing City well facility and the NW Bell utility building. The Conditional Use Permit is for a pylon sign. The site is located at the northwest intersection of Lexington Avenue and Diffley Road. The Covenant Church of Eagan owns a triangular parcel to the north, currently zoned R-4. COMPREHENSIVE PLAN: The project site is designated in the Comprehensive Land Use Guide Plan for D -I (single family, 0-3 units per acre). The proposed commercial uses would be consistent with the LB (Limited Business) designation. As such, the project requires a Comprehensive Plan Amendment to change the land use designation from D -I to LB. An LB designation would be generally compatible with adjacent D -III (Mixed Residential, 6-12 units per acre) and PF (Public Facility) uses to the east and south. However, site design of the project should contain adequant buffering to maintain appropriate transitions between the proposed LB uses and the adjacent D -I uses to the north and west. BACKGROUND: A similar proposal consisting of three lots and an outlot were approved by the Advisory Planning Commission and denied by the City Council in September of 1988. The major concerns were: access locations onto the County roads, the amount of land the City would need to retain for the reservoir site, traffic concerns, the amount of commercial land in the area, and that the development was inconsistent with the Comprehensive Plan. The applicants have submitted a new plan platting the entire area between the church property and Diffley Road. The City will construct a reservoir on the 60 -acre tract of land on the south side of Diffley Road which will also be developed into an athletic field complex. A retail study demonstrates that there is enough retail zoned land in the general area, but the, question is whether -or not it is in the right location. At this time, the study supports additional square footage. The applicant, as well as the City, is currently working with the County regarding the proposed right-of-way widths and possible medians in the County roads. At the staff review meeting, it was generally agreed to the two access points: one full access onto Lexington Avenue and another full access onto Diffley Road that may be reducedto a right in/right out with the improvement of that road. The existing farmstead will receive access from Lexington Way, not Diffley Road. SITE PLAN: The site plan has been modified from the original plan providing better vehicular circulation by creating clear, private drives that do not have any parking on them. The Covenant Church to the north will share the access onto Lexington Avenue. This is with the understanding that Lexington Way will not be closed off with the cul-de-sac. As with the previous plan, all buildings, will be constructed of brick and glass and will meet Limited Business zoning regulations. Following is a breakdown of each lot: Lot 1 Block 1 Lot 2 Block 1 Lot 3 Block 1' Lot 1 Block 2 Lot 2 Block 2 Lot 1 Block 3 Lot 2 Block 3 Lot 3 Block 3 (one acre) 6,206 sq. (one acre) 9,000 sq. ft (1.l acre) (.92 acres) (1.,8 acres) (1..1 acres) (.34 acres,) (.01 acres) ft. child clinic 5,625 sq. ft. bank existing farmstead proposed LB uses future LB uses future LB uses City well facility care facility with future NW Bell utility building All building and parking setbacks meet Code requirements. The amount for the child care facility, clinic, and bank, meet code regulations as well. 1/�Ils� b The prelim-i•nary landscape plan is well done and will viisually tie the three lots along Diffley Road together through a mixture of overstory,/understory evergreens and shrubbery. The pylon sign at the intersection of the two County roads has not been designed yet, but would need to conform to City Signage Code requirements;. PARR ISSUES: The proposal be subject to a cash parkland dedication and an S' bituminous trail be placed along County Road 30. psi GRADING/DRAINAGE/EROSION CONTROL: Due to the relatively flat existing topography of the proposed site minimal site grading is required for development. Four to six foot high bermed areas are proposed along both Diffley Road and Lexington Avenue. Proposed first floor building elevations are approximately the same elevation as the Diffley/Lexington intersection. Drainage within the site is directed to an internal storm sewer system. The drainage from the proposed site then drains to the east and ties into the existing storm sewer in Lexington Avenue, which drains to the northeast to Pond JP -29. Pond JP -29 is a designated ponding area in the City Comprehensive Storm Sewer Plan. The existing storm sewer located in Lexington Avenue is adequately sized for the additional runoff from this proposed development. A preliminary erosion and sediment control plan was submitted for review asa part of this application. UTILITIES: Sanitary sewer to serve this property is readily available along the north property line and extended into the central portion of the site. Adequate depth and capacity is provided with this existing sanitary sewer line. The City has a water pressure booster station located in the northeast corner of this proposed plat (proposed Lot 2, Block 3). A separate water line is planned to be constructed under City Contract from this booster station in a southwest direction to fill the proposed reservoir at the southwest corner of Diffley Road and Lexington Way. The internal water system for this proposed development will get its water supply from either the 12" water main located along the south side of Diffley Road or the 20" water main located along the west side of Lexington Avenue. Both of these water lines are located on the high pressure side of -the City Water System. STREETS/ACCESSICIRCULATION: One access to the development is proposed along Diffley Road midway between Lexington Avenue and Lexington Way. Dakota County has expressed concern that .,a center median be ,constructed so a right -in and a right turn out only will be permitted from this location. One access to Lexington Avenue is proposed near the northeast corner of the proposed development. An East-West internal roadway from Lexington Avenue to Lexington Way is proposed for traffic circulation. EASEMENTS/RIGHT-OF-WAY/PERMITS: The development is proposing to dedicate 60' half rights-of-way for Lexington Avenue and Diffley Road. A 33' half right-of-way is proposed for Lexington Way. The development will be required to provide appropriate public utility easements for those public utilities which serve more than one platted parcel and for the water main connecting the Lexington Avenue booster station with the proposed reservoir. All regulatory agency permits shall be required within the appropriate timeframe as required by the affected agency. The development will be required to provide cross easements for public access and internal traffic circulation. FINANCIAL OBLIGATIONS: Based upon a study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. FROJ # DESCRIPTION RATE QUANTITY AMOUNT 538 Water Availability Chg. 2115/ac 7.39 a $15,63,0 299 Lateral Benefit Water 2.12/ff 1031.4 ff 2,186 Trunk 330 Lateral Benefit Water 8.95/ff 240 ff 2,148 Trunk 330 Storm Sewer Trunk .070/sf 38,287 sf 2,680 330 Storm Trunk Upgrade .013/sf 288,725 sf 3,753 330 Storm Trunk Upgrade .027/sf 33,000 sf 891 330 Lateral Benefit Storm 3.43/ff 430 ff 1,473 Trunk 330 Trail 8.10/ff 1,121 ff 9,080 Fut. Street - Diffley 90.35/ff 616 ff 55,656 330 Street - Lexington Ave. 22.20/ff 430 ff 9,546 TOTAL $103,05'1 ��3 SODERBOLM ADDITION CONDITIONSi 1. These standard conditions of,plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2,, B3, Cl., C2., C4, C5, Dl, El, F1, and G1.. 2. The existing farmstead shall take its access directly from Lexington Way, 3'. The driveway for the NW Bell utility building/water facility connecting to Lexington Avenue shall be closed. 4. The pylon sign shall meet all Code size and height requirements and all ,signage shall be subject to the one time sign fee of $2..50 per sq. ft,. 5. All trash shall be contained within the buildings, or the enclosures shall be attached to the buildings and constructed of the same materials. 6. All rooftop colors shall blend with the brick. 7. The plat shall be amended so the City's well facility is on the smallest piece of land possible and that the private drive will not be on City property. 8.. Cross -easements shall be provided throughout the site. 9. No rooftop mechanical equipment shall be visible from the streets. 10. The development is subject to additional right-of-way requirements and median construction on Lexington Avenue and Diffley Road as required by Dakota County. The development is required to provide cross easements for public access and internal traffic circulation: is/ STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staff"s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. H. Easements and Rights -of -Kay 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment,, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 3. This development shall dedicate all .public right-of-way and temporary slope easements for ultimate deve-lopment of adjacent r'o'a-d'ways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate dr:aina,ge and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1.. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes a'nd e-n.ginee,ring standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4,. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. )S3 STANDARD CONDITIONS OF PIAT APPROVAL PAGE TWO 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. B. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall f;ulfull its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to un.le.ss specifically g;=anted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: LTS#2 STANDARD . Ak ANORTHWEST CONFERENCE A MUMU CONFEWAX W "ffEVLhrZUcUCoVV"N,Q,,,,W 4721 East 31st Street • Minneapolis; Minnesota 55406-2360 • phone 612-7214893 Jim Sturm City Planner City of Eagan 3830 Pilot Knob Rd Eagan MN 55122-1897 Dear Mr. Sturm, March 13, 1989 MAR 1 5 1989 Thank you for convening the meeting last Monday concerning our land in Eagan. It was very helpful and we hope we can move toward a successful arrangement for all involved. The following outlines our understanding and agreement on key issues: 1. We are willing to give up our right, though not formally approved except in principal, to access from Lexington across from the apartment entrance, if we are given access at the proposed entrance to the south. 2. The access to our property will happen as we receive an easement from the developer of the land now owned by the city of Eagan. This easement is to be given to the Northwest Conference and successer owners without cost to the Northwest Conference. 3. No development costs for improvements relating to the proposed plot will be borne by the Northwest Conference. 4. Itis our understanding that the county and the city are no longer considering the need for a cul-de-sac on Lexington Way and that Lexington Way will beiill� open at the North and South ends. y m 5. A church sign of proper size,, will be be allowed on the developers property at the new entrance. If these statements are not agreeable to all involved, let me know. Sincerely, J es Haglund As 's nt to the Superintendent cc Del H. Einess - Eagle Enterprises David R. Zech - Dakota County Dennis R. Griswold - D. R. Griswold and Associates R. AUSTW CRAIG W. WEISOF Director of Minnehaha Academy Christian Education President Is -7 -6: z -� � &-� ~%I P�, MMI O '� .c MDIITMvIb L , VARR �Ilis PW,RoGN •c • .P s EAGAM MRY III lSY ri• _ c{�r ��A.. .......,_ S IO�.'I'i � N W y'• II I II'I �< 3333[[: q yyyS a Ln Wji 1_�1I 999 gpa gP,6R 1� L r p yQ Y dieLi I l l l i€ COVENANT CHURCH • "'—"�. LEXINGTON HILLS OF EAGAN \ tet. ADDITION Jg Law l t PARCEL 1 — CRY OF EAGAN w.r' w I t� y�I,,E• I�IcL� u I� 111 ©�.I' •_i.. F 1 2I -1 ¢. ;I EPISCOPAL ��y0 1 ,I;��,. EPISCOPAL CHURCH �I ��jIT., I I PARCEL 3 CEL LLLLLLJJJJII]�I , JItIt RIP.=: -- DIFFLE FiiJAF - - S.Aii. 30_ �• N.WN YNYI� ,T � Y 1 I• Y,I EAGAN CENTER . KENSINGTON PLACE II - 'I -let. ADDITION let. ADDITION' `rn' / J 1 \ \\ •" L[ E, tooCi-R E-- C t E t t 11 1 1 • 11___ 52 t t Y t Y !'.39 COVENANT CHURCH OF EAGAN _A it f i-147 —r"---- 1 �o- {ij 000q ..... 11 g S I�i �tf9;i s 4 !l444��a1 IM f i-147 —r"---- ---, = II BLOCK 3 _ ---�—Ir — --=; ----_ ! It LB N• BLOCK .2- �y 6 ,8 •Cr/11w �. R. LB C1BLO BLOCK 1 I• I I KENSINGTON PLACE 11L.ADDITION le0 .r B LEXINGTON HILLS 151. ADDITION EPISCOPAL CHURCH EAGAN CENTER tet ADDITION " 1 I' °k Li y • L li COVENANT CHURCH OF EAGAN LEXINGTON HILLS Ist ADDITION ;L EPISCOPAL CHURCH 11--=-IFF`OAD— LEIFR-, II'r '. Y,I•Yw lry KENSINGTON PLACE ,.L ADDITION �A%A�oFZ F1rl F4 I LA B I uTv E – 7 39 A C Pr c EAGAN CENTER 1&I. ADDITION' Q9 Ice T. 0 W w U w a: r e O LEXINGTON HILLS Ist ADDITION ;L EPISCOPAL CHURCH 11--=-IFF`OAD— LEIFR-, II'r '. Y,I•Yw lry KENSINGTON PLACE ,.L ADDITION �A%A�oFZ F1rl F4 I LA B I uTv E – 7 39 A C Pr c EAGAN CENTER 1&I. ADDITION' Q9 Ice T. 0 W w U w a: o n j= Pa a I t I cet coo r:o c.E; otic iced 6! i i c EF E IEEE Eire tt?E i : ! E E as �•• 1 s E a a 1 •• gg gg gg +i= • � e',� E 4 5 3 ! 5 5 5 4 aeei ti ti �ilE� COVENANT CHURCH Of EAGAN I i KENSINGTON PLACE lat. AD tet. ADDITION LEXINGTON HILLS 1st. ADDITION EPISCOPAL CHURCH EAGAN CENTER let. ADDITION s _ _ 1 as �•• 1 s E a a 1 •• gg gg gg +i= • � e',� E 4 5 3 ! 5 5 5 4 aeei ti ti �ilE� COVENANT CHURCH Of EAGAN I i KENSINGTON PLACE lat. AD tet. ADDITION LEXINGTON HILLS 1st. ADDITION EPISCOPAL CHURCH EAGAN CENTER let. ADDITION COVENANT CHURCH OF EAGAN 3 LEXINGTON HILLS lat. ADDITION —�•Z� � ��='rw'_i.. _aJ�y..i�. +:�.�•�-3_x•1--'-.(sa�'li�—�_.1 i1.:,, ..: I I' I KENSINGTON PLACE II IBL ADDfT1ON ��••::�:.:: ST'oRM SEu.>ER UPGRAO •(,3 AGES EPISCOPAL CHURCH 30= EAGAN CENTER 1st. ADDITION COVENANT CHURCH Of EAGAN II I ��..G LEXINGTON HLLS let. ADDITION J � I I { _ I M�I , 1• - PARCEL t' - k -' CRY OF EAGAN — 1 1 I 71 r � I' �• ti� �M 7'�L•L I I 1 In V Y'• I :...� :•: ,•y,:::': );i •::j; J PARCELS Ip X. I NENSNGTDPLACE ISL ADDITION ION 1 STnern SEWEIZ -reuaK - aeRes EPISCOPAL CHURCH EAGAN CENTER tot. ADDITION r Q W W 2: S , , War Y�. 3 1 COVENANT CHURCH OF EAGAN '-, --'7�CITY PARN �r I t t II I •1 PARCEL S �- It I I 14- CEL 2(, 1. __o Y' *f� It ,. LEXINGTON HILLS 1&1. ADDITION EPISCOPAL CHURCH - -_ DIFF__—_-- 30= Y I Y EAGAN CENTER { i KENSINGTON PLACE lat. ADDITION[11j 1•t. ADDITION LA'TEeAL '$ENF-FtT coq m IJLPG Rpt E —X43 0 F, F. COVENANT CHURCH •'•' OF EAGAN I 11 II �• k 1 PARCEL 1 - �� CRY OF EAGAN �1yN II •,� �t+l Aa F _`I TFTv S I� L I I PARCEL 9 t 1 CEL 2 l l L 1L��JJJJJJ ;•`Ist ■ r L . f' CJI � 1 ..n . LEXNGTDN HILLS 111. ADDITION J I lI ICEN.BNG� CE vto SToRm SeWek 'TRunikC ACRES t -v EPISCOPAL CHURCH EAGAN CENTER tat. ADDITION a I I t II a i I / . _!. COVENANT GI IURCII "'•" OF EAGAN _y..- I f JI Li — 1 EXINGION IIN.LS tel AUDIIION QTY OF EAGAN PARCEL 9 I i ' I EPISCOPAL CHURCH -- • I_ mss —3 - .. .: ; .1.'..... 1 --:Age— _.� ---- = $.A.H: 30 - ^ I p. ---- �; �-��- --- --- �..w�r ._L . � ��•....__ . -_ _— �,. �..� I-- :1 EAGAN CENTER I I KENSINGTON PLACE II •L• �1 lot. ADDITION 1 a1. ADDITION 1 �G#Anka LA'TE¢AL 'BS0QFIT UJAT uNk UP612.Aoe- a40 F.F __. COVENANT CHURCH OF EAGAN t1 a •tte v v s ! te iciii ttttti, iceet f fi � I�if9fi€ -•1--- ..rte -. __ - 1 \ - 41 L' _ 1 _ I " 1 I - PARCEL 1 - — •t CITY OF EAGAN — P�� I .. I I LEXINGTON HILLS 161. ADDITION ..o:. -_� it 1 ,' i.•.. ... � y1 1_] LL. _ 1 1�� l� r I �• �. EPISCOPAL CHURCH 11 ��j •I PARCEL 3 i II L Y1 t, It 11 L� I P CEL Y LLLJJJ �• LJ " 't —t ` i 1 •-- �Tz- ; FFLEi�fibllD —_. _?_— 5.A Hy3Q EAGAN CENTER KENSNGTON PLACE it •L• 'I 'UI. ADDRION LI. ADDITION LEP IJGToM AIJ. STQEET UP — L43o F. F. Val i' T;1' wl• i41 14, , 'd -7— LEXINGTON HILLS 161. ADDITION ..o:. -_� it 1 ,' i.•.. ... � y1 1_] LL. _ 1 1�� l� r I �• �. EPISCOPAL CHURCH 11 ��j •I PARCEL 3 i II L Y1 t, It 11 L� I P CEL Y LLLJJJ �• LJ " 't —t ` i 1 •-- �Tz- ; FFLEi�fibllD —_. _?_— 5.A Hy3Q EAGAN CENTER KENSNGTON PLACE it •L• 'I 'UI. ADDRION LI. ADDITION LEP IJGToM AIJ. STQEET UP — L43o F. F. J11 I COVENANT CIIURCII ' OF EAGAN I LMU 1014 1111 LS L•I AUDIIION Kiri ' ry Dif F i;. Y• KENSNGTON PLACE I set, ADDITION -RCAO UPGfZAOE - EPISCOPAL CHURCH EAGAN CENTER lot. ADDITION' c MII II ! PARCEL 1 — I� •: CITY OF EAGAN + .�.. .a1II I II I I _. 1 •� .. jif II 1 L �� I I PARCEL 3 14p t ICEL 21 Ci ' + o t+l I LMU 1014 1111 LS L•I AUDIIION Kiri ' ry Dif F i;. Y• KENSNGTON PLACE I set, ADDITION -RCAO UPGfZAOE - EPISCOPAL CHURCH EAGAN CENTER lot. ADDITION' I•• � � I'' � � ,nllrr r. iiiiiiio 177 �: NORTIIVIEW D[RR.66rBJ(TBIO �7 --• - PARK ZI EA, MRK c" 1 _ _. i -IE 1111 ADW 1 PATRICK 2� EAGAN _ e", PARK 1 sm B 3.9/72A .�,• j 775/ i 94.0 I 2CrI xD" 5 N 111{11111L x3e 7 12" r55. 4 o j, I i 45.0/52-01 20 9205/ ( AI a ` (� N / 33.0 E 4 M Rb(fNAnn. I• : �.I STC AGE Cr .. r 1059 2 v 8" I 1T1 «ilRio I'2w■--- JGr c11 3[ FK. HILL L 143. vr;SUBJECT PARCEL FIG # 3 city of sagan WATER '�f91id standard PUBLIC WORKS MASTER PLAN DEPARTME ux A, Oi l[[l o iiii¢i '� -FRAIL — I I & j FF Ivl` I I: XING ION IW LS I,L AI)D111t)N EPISCOPAL- CNl1RCN EAGAN CENTER tat. ADDRION I �jZ Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 Member Voracek had questions regarding proposed condition number 3 and asked if no parking signs would be posted. Mr:. Sturm .stated that the condition would run with the parcel. Gene Peterson addressed the street parking issue. Miller moved, Gorman seconded, the motion to close the public hearing and approve a preliminary plat consisting of one lot and three outlots on 32.21 Planned Development - Community Shopping Center zoned acres and a conditional use permit for a daycare facility in a Community Shopping Center district located along the east side of Lexington Avenue, south of Kensington Trail (extended) in the northwest quarter of Section 26, as requested by Tri -Land Partnership, subject to the following conditions, 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, Bl, B2, B3, C1, C2, C3, C4, C5, D1, El, Fl, and G1. 2. A revised landscape plan shall be submitted with the final plat that adds trees along Lexington Avenue, as well as trees and berming along Lexington Pointe Parkway. 3. No parking on Lexington Avenue or Lexington Pointe Parkway shall be permitted. 4. This plat name shall.be revised to the Eagan Center 3rd Addition. 5. The development is required to provide sewer and water service to the northerly adjacent property. 6. The development is required to provide a black chain..link fence or other limited visibility fencing. All voted in favor. ADDITIOB/EAGLE ENTERPRISES Chairman Pawlenty opened the public hearing regarding a Comprehensive Guide Plan amendment changing the land use designation from D -I (Single Family, 0-3 units per acre) to LB (Limited Business), a rezoning of 7.89 PD R-4 (Planned Development - Multiple Residential) acres to a PD LB (Pl'anned'Development - Limited Business) district, a preliminary plat consisting of eight lots and a conditional use permit for a pylon sign located in the northwest corner of Lexington Avenue and Dif#ley Road in the southwest quarter of Section 23. '1-3 Page 8/BAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 City Planner Jim Sturm presented the application summary and background information to the Commission. He informed the Commission of the need for an additional condition regarding irrigation. Dale Einess (developer) highlighted the improvements of the new plan. He stated he was happy to have the right-in/right-out when the median was installed. He advised the Commission he was available for questions. Jim Haagland (Covenant Church) stated he felt good about the project and that the proposed access was the best solution to the access problem. He requested that the church be .allowed to place an entrance sign. He commented that the cul-de-sac at the intersection of Lexington should not be installed. Brad Swenson (Tri -Land) questioned the access distances from the Lexington and Diffley intersection. He stated that the County requested 1200 feet spacing for his project and questioned the discrepancy. Assistant City,Engineer Mike Foertsch explained the spacing requirements. He commented that the spacing was 500 feet and that it was a compromise along Lexington Avenue. He gave a brief history concerning the project. Mr. Swenson commented that the City should have a medical/bank anchor. He commented that his site planned for these uses. He pointed out that the area would only support one complex. Member Graves requested an outline of the existing zoning. Mr. Sturm responded that the property was zoned R-4 in 1975 and that it was designated as D -I in the Comprehensive Guide Plan. Member Merkley had questions regarding the church's property lines. Mr. Sturm explained. Chairman Pawlenty stated that he felt the north intersection (Lexington Way;) should not be left open. Member Merkley advised that if it were closed off, the traffic would go to the Lexington and Diffley intersection. Member Voracek commented that Lexington Way was narrower than the other two streets and that if it were left open, it would need to be upgraded, which would make it a by-pass for the other intersections. Be stated that the matter needed to be addressed. Member Merkley commented that a four -lane road upgrade would not be necessary. Assistant City Engineer Mike Foertsch explained that it was a residential street and that the County did not plan to upgrade the Lexington and Diffley intersection in the current five year plan. He stated that after the upgrade, the creation of a by-pass would be difficult. n`f Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 2'8, 1989 Chairman Pawlenty had questions regarding the use. Member Miller stated he felt the access issue was a concern but that the passage of time may answer the problem. Be commented he felt there were unresolved questions and opposed the development at the present time. Member Graves commented that the use would force more traffic onto the roads and did not see a need for it at the present time. Member Miller stated that the upgrade should occur, and then the use. Graves commented that last year it seemed like a good trade-off, but that single family homes would be better. Member Gorman asked Mr. Swenson to explain his concerns. Mr. Swenson stated that the project would hurt his development. Member Graves questioned the zoning of the City property. Member Voracek remarked that the zoning should be tied to the Soderholm project. He commented that Swenson's use was irrelevant and that the access issue was the only issue. Be stated that the property is zoned R-4 and that it would generate more traffic than the proposal. He remarked that single family would not sell on the parcel and that it made sense to amend it to Limited Business. He felt, it was the best ,feasible alternative. He asked if the access could be moved further from the Lexington/Diffley intersection. Be further stated that the present proposal was an improvement over the last proposal. Member Miller felt that Limited, Business wasn't the only alternative. He stated that all development could be precluded until the traffic issue was resolved. Member Voracek stressed that he felt there would be a legal problem if the project were denied and other property developed. Member Miller suggested not prohibiting but letting the present zoning remain. Member Merkley commented that the access issue would not go away, Chairman Pawlenty asked what would happen if the traffic does increase. Member Miller commented that the access could then be moved back. Member Trygg commented that the issues were being addressed at the present time. Voracek stated he felt it was unfair to the property owner to wait. Be suggested having Swenson wait. Chairman Pawlenty commented that Swenson had the zoning. Voracek suggested the possibility of closing off the Diffley Road access. Ray Connolly explained to the Commission that they had been meeting for a year on the access question. Be stated that the Council had denied because of the water tower concerns. Be stated they have also met with the County and that they were already giving up one access onto Diffley. Be felt that the traffic would flow better with the Diffley access. Chairman Pawlenty commented that they must not look at the projects in a vacuum. He sympathized with Swenson's dilemma as he has the required zoning. � �J Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 Assistant.City Engineer Mike consultant's report regarding the would allow access on Lexington. Foertsch reviewed the traffic access. He stated that the County Ray Connolly stated that if the property was zoned Limited Business, full assessments would be paid. Voracek asked if there would be a turn lane when Diffley was upgraded. Mr. Foertsch stated the •matter had not been identified at the present time. There was much discussion regarding the r-ight-in/right-out turn lanes. Member Graves questioned if there would be park access. Mr. Foertsch responded yes, opposite Lexington Way. Member Graves commented that the property would not go either D -I or R-4 and that the issue was the access to the Limited Business. He recommended no access onto Diffley. Member Merkley questioned if the.City could close the legal access. City Attorney Mike Dougherty stated there was a legal right to the access and that it would be a voluntary measure by the applicant. Member Merkley questioned if the issue had been studied and if there was agreement to the plan. The developer commented that the real problem was with the access to Diffley Road. He pointed out that the neighbors to the west preferred this type of use and that they had labored with the, experts on the access. He commented that they had done the best job they could do. He explained the traffic generation of the uses and commented it would be the best use for the neighborhood. Member Graves requested a condition stating no access onto Diffley. He disagreed that the daycare would not generate traffic. Voracek moved, Trygg seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment changing the land use designation from D -I (Single Family, 0-3 units per acre) to LB (Limited Business) as requested for the Soderholm Addition by Eagle Enterprises. All voted in favor. Voracek moved, Trygg seconded, the motion to approve a rezoning of 7.89 PD R-4 (Planned Development - Multiple Residential) acres to a PD LB (Planned Development - Limited Business) district, for the Soderholm Addition,as requested by Eagle Enterprises. All voted in favor. Voracek moved, Trygg seconded, the motion to approve a preliminary plat consisting of 8 lots and a conditional use permit for a pylon sign located in the northwest corner of Lexington Avenue and Diffley Road in the southwest quarter of Section 23, as requested Page ll/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 by Eagle Enterprises for the Soderholm Addition, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al. B1, B2•, B3, C1, C2, C4, C5, D1, E1, Fl, and G1. 2. The existing farmstead shall take its access directly from Lexington Way. 3. The driveway for the NW Bell utility building/water facility connecting to Lexington Avenue shall be closed. 4. The pylon sign shall meet all Code size and height requirements and all signage shall be subject to the one time sign fee of $2,.50 per sq. ft. 5. All trash shall be contained within the buildings or the enclosures shall be attached to the buildings and constructed of the same materials. 6. All rooftop colors shall blend with the brick. 7. The plat shall be amended so the City's well facility is on the smallest piece of land possible and that the private drive will not be on City property. 8. Cross -easements shall be provided throughout the site. 9. No rooftop mechanical equipment shall be visible from the streets. 1.0. The development is subject to additional right-of-way requirements and median construction on Lexington Avenue and Diffley Road as required by Dakota County. 11. The development is required to provide cross -easements for public access and internal traffic circulation. 12. The development will have no access onto Diffley Road. 13. The development will provide irrigation for the landscaping. 14. The development is required to provide brick and glass exterior on all buildings. 15. Any development of an outlot must be approved by the Advisory Planning Commission and City Council prior to development. l'�7 Page 12/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 16. Thedeveloper is required to acquire the City property. All voted in favor. SAGAS WOODS OFFICE PARR II/TRAMMEL CROW COMPANY Chairman Pawlenty convened the nezt public hearing regarding an application for a preliminary plat consisting of one lot for an office building and an outlot for future development on 25.9 Planned Development district acres located in the southwest corner of Pilot Knob Road and I-494 in the northeast quarter of Section 4. City Planner Jim Sturm briefed the Commission regarding the application. Linda Fischer (attorney for Trammel Crow) commented on the staff report and stated she had concerns regarding the right-of-way. She stated the developer had a vested right to present the right-of-ways. She remarked that the developer was willing to accommodate the 60 foot right-of-way, but wanted the parking to remain, and thus the setback would be 15 feet. She reviewed the building design. She informed the Commission the developer was comfortable with the remaining conditions. Assistant City Engineer Mike Foertsch pointed out that the right-of-way problems could be handled in the technical stage. Chairman Pawlenty declared he felt the first stage was tremendous. Member Graves questioned if there were any problems with the old plat. The developer stated no and gave a brief history. Member Merkley questioned the size of the parking stalls. Mr. Sturm stated 9 feet. There was more discussion regarding the parking. Merkley asked what type of street lights would be installed. Mr. Sturm stated the development contract would deal with the street lights. Merkley requested the addition of a condition that street lighting be installed. Try.gg moved, Gorman.seconded, the motion to close the public hearing and approve a preliminary plat consisting of one lot for an office building and an outlot for future development on 25.9 Planned. Development district acres located in the southwest corner of Pilot Knob Road and I-494 in the northeast quater of Section 4, as requested by Trammel Crow Company for the Eagan Woods Office Park II, subject to the following conditions: Agenda Information Memo April 18, 1989 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT REZONING/CITY OF EAGAN H. A Comprehensive Guide Plan Amendment for City of Eagan and a Rezoning of Approximately 1.5 Acres from R-4 to LB Located North of Diffley Road, West of Lexington Avenue --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider a request by the City to rezone 1.5 acres R-4 to LB limited business, a property that is no longer required as a residential site given the recent acquisition of the HUD parcel south of Diffley Rd. and west of Lexington Ave. This property is located adjacent to the Soderholm parcel of which development plans are outlined in the previous item referenced as New Business, Item G. The APC is recommending approval. This item was placed on the April 4 City Council agenda, however, continued to allow for the Soderholm Addition/Eagle Enterprises presentation and action. The LB zoning as suggested by the City would be consistent to the rezoning request by Eagle Enterprises as described in Item G, New Business. For additional information onis item, refer the staff report, copies enclosed on pages LtV through The APC min }is for this item are included on pages through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the Comprehensive Guide Plan Amendment and rezoning of 1.5 acres of R- 4 to LB, which will allow the City to declare the property surplus and sell to the adjacent property at a fair market value. REPORTED BYs OF COMMUNITY DEVELOPMENT APPLICATION SUMMARY: At the March 7, 1989 City Council meeting, staff was directed to take the necessary steps to allow the potential sale of approximately 1.,-5 R-4 (Multiple) zoned acres to a LB (Limited Business) district, thus requiring a Rezoning. This site currently holds a City well facility,, however,, that, uses only needs a small portion -of this site. This site is located along Lexington Avenue, just north of Di-ffley Road. There is no vegetation of significance on this flat site. COMPREHENSIVE PLAN: The subject site is designated D -I (Single Family, 0-3 unite per acre) in the Comprehensive Land Use Guide Plan. Development of the site with Limited Business uses would therefore require a Comprehensive Plan amendment. This LB` designation would be generally compatible with the adjacent D -III (Mixed Residential, 6--12 unitsper acre) and PF (Public Facility) uses on the east and south. However, adequate buffering of this site from the, adjacent D -I uses to the north and west is needed to provide appropriate transitions between these land uses. �4' SUBJBCT: GUIDE PLAN ! _DOMPRESENSIVE ` ZZONING E APPLICANT: CITY OP MOAN . ' LOCATION: B 1/4 SECTION 23 EXISTING Y.ONINGt R-4 (MULTIPLE) DATE OF PUBLIC SEARING: iNARCS 2&,1989' DATE OF REPORT: MARCB 22, 1989 REPORTED BYs OF COMMUNITY DEVELOPMENT APPLICATION SUMMARY: At the March 7, 1989 City Council meeting, staff was directed to take the necessary steps to allow the potential sale of approximately 1.,-5 R-4 (Multiple) zoned acres to a LB (Limited Business) district, thus requiring a Rezoning. This site currently holds a City well facility,, however,, that, uses only needs a small portion -of this site. This site is located along Lexington Avenue, just north of Di-ffley Road. There is no vegetation of significance on this flat site. COMPREHENSIVE PLAN: The subject site is designated D -I (Single Family, 0-3 unite per acre) in the Comprehensive Land Use Guide Plan. Development of the site with Limited Business uses would therefore require a Comprehensive Plan amendment. This LB` designation would be generally compatible with the adjacent D -III (Mixed Residential, 6--12 unitsper acre) and PF (Public Facility) uses on the east and south. However, adequate buffering of this site from the, adjacent D -I uses to the north and west is needed to provide appropriate transitions between these land uses. FMnow. .. ' ��,y�j��- 7P • . .; • �.it) '.i Page 17/EAGAN ADVISORY PLANNINGZCOMMISSION MINUTES March 28, 1989 CITY OF RAGAP/LRXINGTON SOUTH PLANNED DEVELOPMENT/NORTHEAST QUARTER OF SECTION 26 Chairman Pawlenty convened the public hearing regarding an. application for a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 Townhouse acres within the Lexington South Planned Development to a Single Family district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. City Planner Jim Sturm updated the Commission on the matter. Trygg moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 7.4 R-3 (Townhouse) acres within the Lexington South Planned Development to an R-1 (Single Family) district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. All voted in favor. CITY OF EAGAN/LEXINGTON SOUTH PLANNED DEVELOPMENT/SOUTH HALF OF SECTION 26 Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 Double acres within the Lexington South Planned Development to a Single Family district located along the north side of Wilderness Run Road, and east of Walnut Hill Park in the south half of Section 26. City Planner Jim Sturm introduced the matter to the Commission. Merkley moved, Graves seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 10.9 R-2 (Double) acres within the Lexington South Planned Development to an R-1 (Single Family) district located along the north side of Wilderness Run Road, and east of walnut Hill Park in the south half of Section 26. All voted in favor. CITY OF EAGAN/LEXINGTON SOUTH PLANNED DEVELOPMENT/SOUTHWEST QUARTER OF SECTION 23' Chairman Pawlenty opened the last public hearing for the evening. regarding an application for a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 Multiple acres within the Lexington South Planned Development to Limited Business, located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. 1�Z Page 18/EAGAN ADVISORY PLANNING COMMISSION MINUTES' March 28, 1989 City Planner Jim Sturm summarized the application for the Commission. City Attorney'Mike Dougherty informed the Commission that Members Voracek and Trygg should amend their motion in regard to the Soderholm Addition and add a condition number 15 stating that the City properties must be purchased. Voracek moved„ Trygg seconded, the motion to add condition 15 to the Soderholm Addition conditions for the preliminary plat stating that the Soderholm Addition must purchase the City of Eagan property. All voted in favor,. Trygg moved, Graves seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 R-4 (Multiple) acres within the Lexington South Planned Development to LB (Limited_ Business) located north of Diffley -Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. All voted in favor. ADJOURNMENT Miller moved, Voracek seconded, the motion to adjourn the meeting of the March 28, 1989, Advisory Planning Commission at 11:45 p.m. All voted in favor. ---------------------------------- Secretary - Eagan Advisory Planning Commission Agenda Information Memo April 18, 1989, City Council Meeting PRELIMINARY PLAT/EAGAN WOODS OFFICE PARR II I. Preliminary Plat, Trammel Crow Company/Eagan Woods Office Park II, Consisting of One Lot for an Office Building and an outlot for Future Development on 23.9 Acres of PD --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on March 28, 1989 to consider an application submitted by Trammel Crow Company for a preliminary plat of 26.7 PD zoned acres into one, 4.6 acre lot for an office building with the remaining 22.1 acres platted as right-of-way or an outlot for future development. There is also an application for a variance to the building setback along Pilot Knob Road. The Advisory Planning Commission is recommending approval of both the preliminary plat and variance as proposed. For a copy of a report prepared by C mmupty Development and Public Works/Engineering, refer to pages_ through Q o -. The Advisory Parks and Recreation Commission reviewed the development at its April 6., 1989, meeting and is recommending a cash parkland dedication. The cash parkland dedication should be considered as a condition if the City Council approves the project. For a co y o the Advisory Planning Commission minutes, refer to page (s), o -k -7- . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat and a variance for the building .setback along Pilot Knob Road as presented. CITY OF EAGAN SUBJECT: PRELIMINARY PLAT, VARIANCE (RAGAN WOODS OFFICE PARK 2ND ADDITION) APPLICANT: TRAMMEL CROW COMPANY LOCATION: NE 1/4 SECTION 4 EXISTING ZONING: PLANNED DEVELOPMENT (RAGAN WOODS PD') DATE OF PUBLIC HEARING: KARCH 28, 1989 DATE OF REPORT: MARCH 22, 1989 COMPILED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat of 26.7 Planned Development acres into one 4.6 acre lot for an office building, with the remaining 22.1 acres being platted as right-of-way or an Outlot for future development. This site, currently Outlot A of Eagan Woods Office Park Addition, is located at the southwest intersection of I-494 and Pilot Knob Road. The first building constructed by Trammel Crow, now occupied by Early American Life Insurance, abuts this property to the west. This proposal is in conformance with the Eagan Woods Planned Development that designated this site for a two-story building up to 55,000 sq. ft. The Variance is for a building setback along. Pilot Knob Road. This plat incorporates the Wyndham Corporate Center plat that received preliminary plat approval in August, 1985 and final plat approval in July, 1986. That proposal would have allowed a "garden type" hotel on the Outlot A portion of this Eagan Woods Office Park 2nd Addition. The plat, however, was never recorded with the County and is now considered inactive. SITE PLAN: This proposed 55,000 sq. ft. building will be located at the northern -most portion of the site, a highly -visible area from both I-494 and Pilot Knob Road. It will be the first building on the west side of Pilot Knob Road upon entering Eagan from the north. All setbacks, lot coverage, and other Code requirements have been satisfied except a Variance is necessary to allow the building 20' from the Pilot Knob Road right-of-way instead of the 'required 50'.. This will eliminate any parking between the building and property line, adding to the curb appeal of the project. The site, consisting of scattered hardwood deciduous trees, currently falls towards a low-lying area near the entry drive to the existing 72,000 sq., ft. first phase building. That area will be filled for the parking lot. This building has been designed with a•brick exterior, compatible in color to the existing first phase building. The trash facility will be contained within the building and rooftop mechanical equipment will be screened with a brick parapet. Code requires 293 parking stalls for a 55,.000 sq. ft, building. The site plan shows 209, with proof -of -parking on adjacent parcels.. The landscape/grading plan proposes to save three stands of oak trees and meets the guidelines of the City's landscape policy. It could have the same native feeling as the first phase building if long grasses are seeded and.mass groupings of shrubbery are added around the trees•. GRADING/DRAINAGE/EROSION CONTROL: The preliminary grading plan submitted as a part of this application identifies cut areas as high as 9' along the east side and fill areas as high as 20, along the west side of the site. A 21- 8' high retaining wall is proposed along the east side of the site in order to preserve an area of 50' by 40' of existing trees. Staff recommends that detailed plans be submitted by the developer of the retaining wall. Drainage from the proposed development will be conveyed to the existing storm sewer utility on Eagan Woods Drive which outlets to the large and well defined ravine west of Eagan Woods Drive. The storm water runoff draining through the ravine flows in a northwesterly direction to a temporary pond located 500' northwest of Eagan Woods Drive. The increased runoff due to the increase of impervious areas such as buildings and parking lots will increase the potential for erosion in the ravine and temporary pond. Staff recommends that storm sewer be constructed from the existing 24" storm sewer along Eagan Woods Drive to a permanent pond with a storm sewer outlet. The storm sewer requirement will be identified as a part of the technical plat review by City staff. UTILITIES: Sanitary sewer of sufficient capacity and depth is readily available along Pilot Knob Road. The sanitary sewer service will be required to be connected directly into the sanitary sewer line_ No direct connection to the existing sanitary manhole will be allowed. Water main service of sufficient capacity and pressure is readily available along Eagan Woods Drive. The development proposes to take its water service from this existing water main. STREETS/ACCESS/CIRCULATION: Access to this site is proposed to be taken directly from two locations,. One access will be to the south from Eagan Woods Boulevard and the other access will be to the west from Eagan Woods Drive. The developer proposes to remove an existing driveway opening on Eagan Woods Drive and construct a new opening to the north. The proposed entrance driveways are required to be upgraded to a 30' wide opening. At this time, street lights have not been installed on Eagan Woods Boulevard or Eagan Woods Drive. Staff recommends that the required street lights be included with this development. EASEMENTS/RIGHT-OF.-WAY/PERMITS: Appropriate easements are required for all public utilities installed outside of the public right-of- way. A drainage and utility easement will be required for the additional storm sewer system from Eagan Woods Drive to the northwest. City Code requires that a 32' wide and a 36' wide street shall have a 60' wide right-of-way. Since Eagan Woods Boulevard was constructed to a 36' wide street and Eagan Woods Drive was constructed to a 32' wide street, then a 60' wide right-of-way shall be dedicated. All regulatory agency permits shall be acquired within the appropriate time frames as required by the affected agency. PINANCIAL� OBLIGATIONB'a Based upon a study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. PROD # DESCRIPTION RATE OTY ANT 538 Water Availability Charge 2115/A 4.56 A $9,.444 464 Storm Sewer Trunk .083/SF 43560 SF 1,380 464 Water Trunk 1380/A 1 A 1,380 200 Trail 8.10/FF 1003.45 8,128 200 Street 90.35/FF 1003.45 90,662 TOTAL $113,429 A. There is a storm sewer lateral located in Pilot Knob Road that has not been charged to this property. If connection is made to this utility, additional charges will be.collected. B. outlot A has not been charged .for lateral benefit form water trunk for the trunk line installed -in Pilot Knob Road. When Outlot A is platted, a charge will be collected for that lateral benefit. EAGAN WOODS 2ND ADDITION CONDITIONS: 1. These standard conditions of plat approval as adopted by Council action on September '15, 1987 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C3, C4, C5, D1, E1, F1., and Gl. 2. All cond-i.tions within the Eagan Woods Planned Development shall be adhered to. 3. 209 parking stalls shall be provided. If a shortage does occur, additional parking will be created on adjacent property. 4. All trash shall be contained within the building. 5. Rooftop mechanical equipment shall not be visible from I-494 or Pilot Knob Road. 6. The building setback Variance shall be approved as per the site plan. 7. Acoustical treatment shall be provided within the building in order to minimize any noise impacts from planes overhead or traffic along I-494 and Pilot Knob Road. 8. The development is required to submit detail plans and specifications of the proposed retaining wall construction as a part of the site plan review for staff review and approval. 11� A. B. C. STANDARD CONDITIONS OF PLAT APPROVAL Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Basements and Rights-of-Wa 1. This development shall dedicate 10'' drainage and utility easements centered over al.l common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment., depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 3. This development shall dedicate .all public right-of-way and temporary slope easements for ultimate development, of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate ponding easements to incorporate elevation necess-itated by City sto requirements. Plans and Specifications adequate drainage and the required high water rm water storage volume 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfull its parks dedication requirements as recommended by the Advisory, Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: LTS#2 STANDARD r nine xaw — _q]�ri{' 1' ,: �i��ti: �c7•�:7A.1: i'��$I:Z; r. -f F1. � u: �� OR1C[ \C� ------ EASTBOUND 1-4194 Is X4.1 .;ntr+ l� 3•}}jns.�.,��,l--; I •i G; \ i<rF rr� "! 1.•V -fl r! ar . - f • 1 ( I �l � 'r f( r pc r 4 .•TT L 1 �. ,I „ 3 OFFICE a -t'11 } y 1XlILt h� L\•( \ 4 Yt(.�•4'� ,r� ti� 1 1.4t+1}'��` �u .nn t-�.• +t • {4tg� -rfl 'S LL!ll 1 �LYf` < i` Y �\ ; tylYz 1 �I`�,+ ySyil ;� iu'l`r} 6 + f'� • - .. -\ SPRAT, • S - STATISTICS: WE Olga itV[1I �AL b 1 ..... ...l.DEVELOPMENT CONCEPT PLAN I'L.r1 slteArea 18.67 aeras/Bzt,00aae .......... �MAW " Bulldin9 Type Area No.Slorles I 1 A DIME BU9D91a P.N. I DIM. 72.000af aalnp 2 OfBO 72.000.1 D orAaVROPII[Ilf 1 \� '� CONLE9T RAM Pn.In9 1109 Or. Ph... 11 3 OIIIH BB�000 991 2 Proof of P.rk Inv B9 can eA&A IIIDU9TRIAL T.MI 275 un - --- . BLVD -- 11 car, 2.0g.f I EAGAN WOODS OFFICE PARK TWO -L..._..._ :. - mmmveI/T otrmot 5 A ---T.-:......:,-� ------ -v--------- ----------- %� • (w n• w ••• 0■ PIeIJWU" PLAT/ e PIAN ierew wsrrru ..... ........ ••mow.•••• PMAr[ r orMf ruanq r:-.�--n.ra �.�a 0 80245 I- 3 ,� .. �.• --. -.-� - - - . `�.. . _ I_IJ _I -�' !, � TRAMMELL 01101106 r v1.1 NQLNMYIIP PLAT i BILE PLAN REWIN INN N�PNO uW .ON1 PI.C1 �u� PRELIMINARY IMAGE 0P 11 HUILDUB FROM PILOT KNOB ROAR AT FANK PRLILINNUW NAGE r,01 "03 O 21113 OWNEdPONIM Ow010Y 31!/0 .]uK uw. mw y l•ala1YM / avatar wn3ua •' / •' °9 ; oro, apMy aow i �ahf6 a ---------------- ro— Ogg- i%.(Pet Gu i(i(,.%i•i�J � tit j \ \ �a ��""�+- o \ S"' . /off; \ �♦ \c\ \I� OW—o-y'�i��'o•P /t / / / ////,(7�/ii',.{N• �"Im. 11 I ) )I 1 �' ` -i ie 1C• .(OOIoo.Ob.v � � r// � V.bB• / .III I � / Al f� /•s241 .�\ \ A' :/ moi-, ,r OOHS i) We 91 19 o Imo. -� 3MMp. OM o•1 -0- _ I 9 .� G - IV - 1 J I J EAGAN WOODS DRIVE ue .. ..o..-.rl � � 1111iLIIIILI R 40 � G�-4I1; � e►O'/ \I. aIII�LI��;l Ij!.1111�8 - - - -- ---_._--' °^ ---. OFFICE eIaGR.G Li1W u1LllLaLuil L - lww rN .Iw I\X rrw0. F lNr YYr00 .M er1. N N.ww... ............. a.Y wtYw�tY aYn wrswN nw ., Ism Www p.w. SSSS... .HrY r.ns aN1 Mq.N tr SISSY. X nM..Ie. Igwew.MO rI It OXC.XX lover cwrrw .. t. cnl . rw. I�Nt XXttrOw rXUInr000 r1.11. ... SITE LIGHTING FR.OT RNGS ROAD tem me't}.0 SITE PLAN r'L11 w r11e YN.0.0r 11 ....... --.. IN}.r Ol. N.r..pr01 SITE 8 BUILDING DATA IIetM pIHO OYOw,00.1..Y F .InCu...cH w.wl... ... rH N.ww... ............. s. wwX w t•om, SSSS. - SSSS.• Ween Ism Www p.w. SSSS... to a pro nr .Irp o}a nM..Ie. Igwew.MO .e I. w n wt\eraa. .en un SITE 8 BUILDING DATA IIetM pIHO t.w�r1 p1He 111. w....... F .InCu...cH w.wl... ... rH rer.l rn0................. .H IHp p r.HM pe H. .... • M Ism Www p.w. SSSS... to a pro nr .Irp o}a I.HN..r..e.. ...........I MMXVM .I O.. MIwR .1Y.w .O II Ie 1• PARKING DATA N'ilwinlJmkine eR6mont" PLA' ON PLAN RENEII SURNMAL Yw www .Yu eeeY .PINS nY NIAt[ ■ RRZ FLAN GMS 1 5 ,.i�•��v r.rueR J - / ..lxlrtYw.Vlx / —. ••- •LANT� SOL }•n.x••m Yoe .SHRUB _DETAIL ^^•• EARAN 0009 OR E t'W C _ nen.a ne!! m �eL.•N -•� _ � _� \ �`\ � P< _..wJnud � ' 4�/J/ /+no u! s�unm.na.• _ - �� .4....IOm YR! _� �' ,L •L i. ' _ ."� '�% view. � \V` 7� P•� �s•mn �+ 9 _A �� f�� y / •',�,`"� ,' wm•nue ' � 1 \� • u•auwlRO SOL ♦ . \ � .– i �' .•� i � , �/ i / ! ` � n i ,`_ � \ ail TREE DETAIL .,. •0.! a dn..l r•.Lu !•aO / } � •, '/mom y �� '. • \ ; 1 !ca/suewe • `Nal•r•Iq lRL..•!� }�ralir I i"• }ea•n}e.s!•R I`- V k –� / •0• ifOnNeOIO YRI /IL// w u.esioiE' .�[�• / ' ' �;T _ _ • / waln ovewn 9 WO.Om f(RPI•EO /wl0 ' •1011YN 1w.1�1lLL• y/ Lsp O!! • }ROVR•i n•lu 'L T�pu Tafxeom e..Le BLOT NNOR RORD fa!•T.1e•m Yn[ Ta!•w ul .N/ naso ow[wx. aA LANDSCAPE PLAN f•'Lr1 °"•°°"°a ...`pTW.ALL IOD AW AS aL N/[•!.!/.Rrn Sort. �A�YlLL CROW CO A•RCRiRIC. n..wYUT cNn. R.. n.•. !!!n w}.m PIQI/IRRT RAT / 8RE RAN RleC� RIIRIRIK uw w�xx um •aw• s. xx R1AR! ■ LANORCAM RAN Ro:�R B t IE. 0 If WO 0 0 RlVt 'A 1p PLOT KNOR ROAD 111 rl Vol 0 40 so " .w CMI PRELSONART PLAT SM PLAN ftlt siwrrtAL Mgt* OPME BULDPOO IRADPWO. DRAINAGE I FROMN .ONTWOL PLAN JUI two I—„-� ” + �•--i`_ t"P•'. a Diu rl 09 / ) _;' \ t r-1 'QUI — l = All '' -", r r � Wrw wtlO r. i 0 MOT Mhos eoAo ® O .O 00 w ! tumELL CROW ti�arr ;WERAT, BTE RAM WIVEW BAYMrTB. tt4t •w�t•r0 ttW •Wt Ot.Kt ..1 OFncE mu A WnLrrT RAM —IF —I Ker `� i) `rt , i• i. _ 111\\I\ — l = All '' -", r r � Wrw wtlO r. i 0 MOT Mhos eoAo ® O .O 00 w ! tumELL CROW ti�arr ;WERAT, BTE RAM WIVEW BAYMrTB. tt4t •w�t•r0 ttW •Wt Ot.Kt ..1 OFncE mu A WnLrrT RAM —IF —I Ker — l = All '' -", r r � Wrw wtlO r. i 0 MOT Mhos eoAo ® O .O 00 w ! tumELL CROW ti�arr ;WERAT, BTE RAM WIVEW BAYMrTB. tt4t •w�t•r0 ttW •Wt Ot.Kt ..1 OFncE mu A WnLrrT RAM —IF —I EAGAN WOODS OFFICE PARK TWO STOR IIt� SEWER TRU IJ k - 1 ACRE rIQ� ruf w" rur mff� YlrrTm .uw ww. w.a.r NY!■ ar1tZ MAW Haa/Wr rut ... z rz Tt not 0011.01 fit ��q, a .., �- - •+.-• ( STOR IIt� SEWER TRU IJ k - 1 ACRE rIQ� ruf w" rur mff� YlrrTm .uw ww. w.a.r NY!■ ar1tZ MAW Haa/Wr rut EAGAN WOODS OFFICE PARK TWO ------------------- A% - "MUNUff PuT am null mrv" _7 rM 'let rid till, OUTLOT tot 8-1 , lt ------------------- A% - "MUNUff PuT am null mrv" EAGAN WOODS OFFICE PARK TWO Ou-mot A \1JATGR AVAILABIL%Ty CHARGE - 4.54. ACRES • Ir r r w• ru~^� MInY1MT MAT ➢ vn Mal �� w�rrrK \•W fir.• \•W fir• CwO.r MAN opnm Mdawun MAT 50245 I 3 •^11^ g % Y! �� . Jnr _ rwrr..�.. 1� TRAMIN" COW CCL \1JATGR AVAILABIL%Ty CHARGE - 4.54. ACRES • Ir r r w• ru~^� MInY1MT MAT ➢ vn Mal �� w�rrrK \•W fir.• \•W fir• CwO.r MAN opnm Mdawun MAT 50245 I 3 EAGAN WOODS OFFICE PARK TWO to:..:.::.. ...__,. _. .._ _� ::.: — - � :�".".•:i: � �,,...,�,... i,r 4c., its��"I E1 ._—_ � �.`�T'—r—,��__• +TRAMMELL �—GtWt6 Qz, Its- OUTLOT PARAMOUNT PLAT X003. 45 F.F. EAGAN WOODS OFFICE PARK TWO w�• l 7 �rrfr.. w _ �•�---------------- •ri7� wrs.. %// STREET lM9RoQEmEKJT5, FoR PIIoT 1<k)G B10o3.4S F.F. cill"OO.I Pllft t MAT / MI RAM lllr� MIRK uw ar. 11YO t OtgQ IILLD" IIRLLLLYIIt MAT fes•.. -Sr-- �le— I�i-i��a 1 • _O oV _ 7 �rrfr.. w _ �•�---------------- •ri7� wrs.. %// STREET lM9RoQEmEKJT5, FoR PIIoT 1<k)G B10o3.4S F.F. cill"OO.I Pllft t MAT / MI RAM lllr� MIRK uw ar. 11YO t OtgQ IILLD" IIRLLLLYIIt MAT r ME'00" SUBJECT PARCEL EI FIG M 1 city of ea STORM SEWER •pprov�d: atrdi: PUBLIC plots •: LW WORKS MASTER PLAN DE PARTME =0 - -- ., -:1GAN .�, A ALC E 4 �i -- s ;ra aecn- 1 b1h 1a e ^: ''`" CES 12■ '12" % cPAt I ' _ FC=A� 52 - -- — 29 ib74 25 52 - - �Y 21 • 8,01.. 5 , � i0 p�1f�'� _ ST.,T 52: 7La 7 _ -4 eA LE < it 1 r•iC �' - - -� a TPr-•l° ACRES I _{ 4 L �' 6410- 42.1/./. 36 34 f 12" 510 fig" — 16"' c 2 1 L �'a�C• � , _ _� � 12t , II i' , _ al j 4 4. KN11 �Ot7 .1/65.0 l� ` �\ �EN�Z BAR 6 12' I r+ SUBJECT PARCEL FIG *3 city of eagan WATER "�f°1°d platstae i° PUBLIC WORKS MASTER PLAN A DEPARTME :j::::: ao� . Page 12/EAGAN ADVISORY March 28, 1989 W '-r PLANNING COMMISSION �Y COIR ti- MINUTES 16. The developer is required to acquire the City property.. All voted in favor. EAGAW WOODS OFFICE PARK I1/TRAMMEL CROW COMPBWY Chairman Pawlenty convened the next public hearing regarding an application for a preliminary plat consisting of one lot for an office building and an outlot for future development on 25.9 Planned Development district acres locited in the southwest corner of Pilot Knob Road and I-494 in the northeast quarter of Section 4. City Planner Jim Sturm briefed the Commission regarding the application. Linda Fischer (attorney for Trammel Crow) commented on the staff report and stated she had concerns regarding the right-of-way.,She stated the developer had a nested right to present the right-of-ways. She remarked that the developer was willing to accommodate the 60 foot right-of-way, but wanted the parking to remain, and thus the setback would be 15 feet. She reviewed the building design. She informed the Commission the developer was comfortable with the remaining conditions. Assistant City Engineer Mike Foertsch pointed out that the right-of-way problems could be handled in the technical stage. Chairman Pawlenty declared he felt the first stage was tremendous. Member Graves questioned if there were any problems with the old plat. The developer stated no and gave a brief history. Member Merkley questioned the size of the parking stalls. Mr. Sturm stated 9 feet. There was more discussion regarding the parking. Merkley asked what type of street lights would be installed. Mr. Sturm stated the development contract would deal with the street lights. Merkley requested the addition of a condition that street lighting be installed. Trygg moved, Gorman seconded, the motion to close the public hearing and approve a preliminary plat consisting of one lot for an office building and an outlot for future development on 25.9 Planned Development district acres located in the southwest corner of Pilot Knob Road and I-494 in the northeast quarter of Section 4, as requested by Trammel Crow Company for the Eagan Woods Office Park II, subject to the following conditions: Page 13/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2,, B3,`B4, C1, C2, C3, C4, C5, D11 E1, Fl. and G1,. 2. All conditions within the Eagan Woods Planned Development shall be adhered to. 3. 209 parking stalls shall be provided. If a shortage does occur, additional parking will be created on adjacent property. 4. All trash shall be contained within the building. 5. Rooftop mechanical equipment shall not be visible from I-494. or Pilot Knob Road. 6. The building setback variance shall be approved as per the site plan. 7. Accoustical treatment shall be provided within the building in order to minimize any noise impacts from planes overhead or traffic along"I-494 and Pilot Knob Road. 8. The developer is required to submit detail plans and specifications of the proposed retaining wall construction as a part of the site plan r.eview for staff review and approval. 9. The development is required to install street lighting. 10. Any development of the outlot must be approved by the Advisory Planning Commission and the -City Council prior to development. All voted in"favor. COLLEGE CAMPUS/RASMUSSEN COLLEGE SYSTEM Chairman Pawlenty opened the public hearing regarding an application for a Comprehensive Guide Plan amendment changing the land use designation from D -III (Mixed Residential, 6-12 units per acre) to LB (Limited Business) district, a rezoning of 18.52 R-4 (Multiple Residential) acres to an LB (Limited Business) district, a preliminary plat consisting of one lot and one outlot and a conditional use ,permit to allow a private school in a,,Limited Business district located along the east side of Federal Drive, south of Washington Avenue in the northeast quarter of Section 16. City Planner Jim Sturm summarized the application for the Commission and recommended the addition of two conditions. Mr. Nimitz (Rasmussen representative) was available at the hearing for questions. Agenda Information Memo + April 18, 1989, City Council Meeting J. Comprehensive Guide Plan Amendment, Rasmussen College System/Rasmussen College Campus, Changing Land Use Designation from D -III to LB, a Rezoning of 8.52 R-4 Acres to an LB; Districts Preliminary Plat Consisting of One Lot and One Outlot and a Conditional Use Permit to Allow a Private School in an LB District The Advisory Planning Commission held a public hearing on March 28, 1989, to consider the aforementioned applications as presented by Robert Nemitz, Rasmussen Business College. The Advisory Planning Commission is recommending approval of all four (4) applications,. For a copy of a report prepared by Community Development and Public Works/Engineering, refer to pages through , 3.1 At the April 6, 1989, Advisory Parks and Recreation Commission meeting, it was approved for recommendation to the City Council that a cash parkland dedication be a condition of any consideration for approval of the Rasmussen College campus proposal. For a copy of the APC actio on this item, refer to those minutes found on page (s)', , �j ACTION TO ME CONSIDERED ON THIS ITEM: To approve or deny 4) comprehensive guide plan amendment from D -III to LB, 2) a rezoning of 8.52 R-4 acres to an LB District, 3) a preliminary plat entitled Rasmussen College Campus, and 4) a conditional use permit to allow a private school in an LB District. 0(0 CITY OF EAGAN SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, PRELIMINARY PLAT, REZONING, AND CONDITIONAL USE PERMIT APPLICANT: ROBERT W. NEMITZ, RASMUSSEN BUSINESS COLLEGE LOCATION: NE 1/4 OF SECTION 16 EXISTING ZONING: R-4 (MULTIPLE RESIDENTIAL) DATE OF PUBLIC HEARING: MARCH 28, 1989 DATE OF REPORT: MARCH 17, 1989 REPORTED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT 6 ENGINEERING DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Comprehensive Guide Plan Amendment to, Change the existing use designation from D -III (Mixed Residential, 6-12 units per acre) to LB (Limited Business), a Rezoning of 8.52 R-4 (Multiple Residential.) acres to a LB (`Limited Business) district, a Preliminary Plat for one lot and one Outlot, and a Conditional Use Permit to allow a private school in the Limited Business district. COMPREHENSIVE PLAN: The project site is currently designated for D -III (Mixed Residential, 6-12 units per acre) in the Comprehensive Land Use Guide Plan. The proposed business college is consistent with an LB (Limited Business) designation; therefore, a Comprehensive Plan amendment to change the land use designation from D -III to LB is necessary. The LB designation would be generally compatible with the adjacent D -III and CPD (Commercial Planned Development) designations. BACKGROUND: Rasmussen Business College is an 89 -year old business school with locations in St. Cloud, Mankato, St. Paul, and Minnetonka, Minnesota. The college offers degree, diploma, and certificate programs. The applicant anticipates an enrollment of approximately 300 students at the Eagan site,; 300 students is average for each of the other four colleges. Rasmussen Business College would like to be open for classes in the fall of 1989. EXISTING CONDITIONS/ SITE, PLAN: The 8.52 -acre site is located directly south, of Bicentennial 6th and 7th Additions, east of Royal Oak 1st and 2nd Additions (Federal Drive) and west of I - 35E. Presently, the site is open grassland with a gentle slope falling south, with a steeper incline on the east border of the property towards I -35E. The plans indicate a 3' maximum height retaining wall along the north property line. Careful grading will not disrupt the existing trees. .� The applicant is proposing a 20,,600 sq.. ft. single story building for Lot 1, Block 1, which consists. of four acres. The brick and glass building will be located�on the east side of the lot. Due to the steep slope, the southeast corner of the building will be constructed with a retaining wall. The building, as proposed, will meet/exceed setback and building coverage requirements. City Code permits building coverage of 208; the proposed lot coverage is 11.88. Parking for 222 cars has been provided, with 50 parking stalls indicated for future use. Proposed access to the site is from Federal Drive at two locations. The proposed southern access does not align with Royal Oak Circle, however, when Outlot A develops, the access will be aligned and include an entry drive and drop-off just south of the building. Outlot A (4.52 acres) does not have a specific use proposed. Signage for the site will be provided by a building mounted sign facing I -35E and a ground sign located on Federal Drive. PARK ISSUES: The proposal be subject. to a cash parkland dedication. J_ \ GRADING/DRAINAGE/EROSION CONTROL: The existing topography of the proposed site generally slopes in a southerly direction. The proposed grading plan shows cut and fill areas of 6' to 8' respectively. The proposed grading plan shows a finished floor elevation of 925,0.. The existing elevation of Federal Drive ranges from 915 to 928. Retaining walls are proposed 1n three locations. Drainage within the site either surface drains or is conveyed by pipe to the southwest corner of the proposed development. A storm sewer line isproposed to carry the runoff from the southwest corner of the property south in the east boulevard of Federal Drive to a dry pond constructed by the MnDot in conjunction with the grading of I -35E. The sloped area lying east of and adjacent to the I -35E site of the proposed building is proposed as a 2.:1 slope. It is recommended that a retaining wall be constructed. A preliminary erosion and sediment control plan was submitted as a part of this application. UTILITIES: Sanitary sewer of sufficient depth and capacity is presently available approximately 40' west of the west property line of Federal Drive. Water main of sufficient capacity and pressure is available in the west boulevard of Federal Drive. STREETS/ACCESS/CIRCULATION: Access to the proposed site is readily available from Federal Drive. Two access locations will be permitted off from Federal Drive. It will be required that the southerly entrance be aligned with the entrance lying on the west side of Federal Drive platted as Royal Oak Circle. Both entrances will be required to be 30' in width. EASEMENTS/RIGHT-OF-WAY/PERMITS: The development will be required to provide appropriate street right-of-way and utility easements for those public utilities constructed outside of public right-of- way. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. A MnDot Permit will be required to dump storm runoff into the existing dry pond area located at the southerly end of the proposed development. FINANCIAL OBLIGATIONS: Based upon a study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. PROD # DESCRIPTION RATE QUANTITY AMOUNT 538 Water Availability Chg. 2,115/a 4 a $8,4.60 013 RASMUSSE9 BUSINESS COLLEGE CONDITIONS: s• i, 1. These standard cond'i'tions of plat approval as adopted by Council action on September 15, 1987 shall be complied with,: Al, B1, B2, Cl, C2, C4, D1, E1, F1., and G1. 2. The City will require a cross -easement with Outlot A upon development. 3. The mechanical equipment shall not be visible from the street. 4. The trash enclosure consist of the same material as the building. 5. The ground sign shall meet all Code size and height requirements and all signage shall be subject to the one time sign fee of $2.50 per sq. ft,. 6. The development is 'required to submit detailplans and specifications for the proposed retaining wall construction for City staff review and approval as a part of the technical plat review. 7• Slope easements are required from adjacent properties where grading extends beyond the development's boundaries. Entrance to the site'is required to be opposite the existing entrance on the'west side of Federal Drive. STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. S. Basements and Rights -of -Ka 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the datef installation. 0 r'� STANDARD CONDITIONS OF PLAT APPROVAL PAGE Two 5.. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency... F. Parks Dedication 1. This development shall fulf:u,ll its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action.. G. Other 1. All standard plat -ting and zoning conditions shall be adhered to ,unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: LTS#2 STANDARD I STREET MAP ZONING MAP COMP PLAN MAP LoULLCUC koMlVlrU0 Q 1� N. E.1/4 SEC. 16, _. - _.•emu _ • F ...h l RMFAY .. ^ °.�.°. E ( TA EE i r J I sr jyf •-::� ROYAL I.._, OAK 9 I. 1r -_- 1 2 ND , t"JADDITIONI riD^„ 9• L• M t� oz 2 I;FIIII �. r YI 9QE-•J.AN'F �u—1 AT 279 R, 23 REVISED oi.�u wYel�"' Ixn DOODLE r • CROAD 1 lai 1 V 44'/44 iy,� / 1, 8 c qpp/ I 44�0 11 W o; T/pN s ?:t1 eisr si �sT.'t- SITE PLAN PROJECT DATA ZONING: EKlsnra R-4 PROPOSED L■ SITE AREA: 4 ACRES 114.240 S.F. GROSS BUILDING AREA: 20.800 S.F. BUILDING COVERAGE: ALLOWABLE 20% ACTUAL 11.8% BUILDING HEIGHT: ALLOWABLE 00 FT PARKING: 222 CARS W SO FUTURE N 212 TOTAL PARSING SETBACKS: FRONT 40 FEET BIDE 0 FEET i BACK 60 FEET BUILDING SETBACKS: FRONT SO FEET SIDE 10 FEET ? BACK SO FEET LOCATION YAP RECEIVED MAI, 1 3 IS89 qce jcEll, ��=�, RASMUSSEN BUSINESS COLLEGE '� "1 - EAGAN, MINNESOTA ! z 1 �' R1111zt1li'IIIN Jill i i 1. i I' 1F, ai 11 it it 19P+ 1 1iI�+1 d; a 71+ 9 , its iA TEA 'l're J=E �eeeeeeeeeeeee® EEEEEEEEQ!!!®A RASYU88EN8U91XE98 COLLEGE 9 ilk' IIII III ISIS KAGAN. MINNESOTA .._ .. ._J _IIII RASYU88EN8U91XE98 COLLEGE 9 ilk' IIII III ISIS KAGAN. MINNESOTA .._ .. ._J _IIII WEST ELEVATION 9 �I � !�1®I®1�1�1�1� !11 SOUTH ELEVATION v !3l EAST ELEVATION . (NORTH ELEVATION WMEN WAISH NOREEN �m PRELIMINARY PLAT OF RASMUSSEN BUSINESS COLLEGE INTERSTATE 35—E _ � J / 00,6OUTLOT .rw.P=_"mm_-mac a'� • / FEDERAL _ ..D IVE -�-.. -- OF or p • T i SII III ....3ADAW !I Ji { i d .a EEE] .a PRELIMINARY PLAT OF RASMUSSEN BUSINESS COLLEGE INTERSTATE 35-E I -------------------- 7 1 1 ::•t :::::: �:;.:;.:::..::: . DRI.VL 1 i / U nine e� m WW1. 1 S-1'ORNA SEW eR l R uhx olmRROE d- uJf%TER AVAILaBILVVy C1iARGE - L{ AC.2E.S Cw�.....�.. S-1'ORNA SEW eR l R uhx olmRROE d- uJf%TER AVAILaBILVVy C1iARGE - L{ AC.2E.S v PRELIMINARY PLAT OF RASMUSSEN BUSINESS COLLEGE INTERSTATE 35_E . I ell :'OUTLG. t � - - � .� ",- •moi �",� . . �s M..�IC vM 1 •i. I . �..--m..-. I YIIII J %// STREET UPGRADE OP FEDERAL 'IDR. — -344.90 F.F, 9 r �• l.s., an..o .. ...n KW6 w eft .• I• rsr__....•; a. M..�IC vM 1 •i. I . �..--m..-. I YIIII J %// STREET UPGRADE OP FEDERAL 'IDR. — -344.90 F.F, 9 r FC4 FaHit I.. .j NIS'fS ? 67.D/ .6,;i 0 - 71CiE 67.5/ 567/ Y ,.y 627 -- 92.4!95.0 7S0 74.0 675.0; x'135.9/67.0 1 Ifi.. 8.. -16• 76 - 20 75 74 TO r. 20"J' c . 64 78 TREATMENT 79.8/ PLANT 30' 35.0 SITE -- - -- (37 M.GD.) .,3A, MI ---- -- 55. 1 157, i.6/ 1rRrC 7 Z �1 4 I II y j NR eo 3Lrc. RorAu o E N- CI RC a e 89.7/970 Ei��-y 265 19• .ii 4l�� y,l _ 4 4 r0 ea 7. ER �-- I ,9 i�9loll 61 4 .4/77.0 -2LaCKHAWK kZ l�l LL 2ARK '� rl K uZ718/B9T Ol` a i �' a` 16'SK A E 1 No J21, SUBJECT PARCEL FIG * 3 city of eagan rd WATER "�'O1°d c:t PUBLIC WORKS MASTER PLAN DEPARTME a ' RIDGE [ 86 ri ►90. %• Y A 7� i02. A oD. 823.5 � / I j.d SUR r 828.7 GA EN i / . CP -12'. pals "C'Pls1 1� 826. 5 ' i_DG 825.0 nd x 829.6 8 yy t LD .O 0 CP- II`:i, 4 4T.7 - J 795.0 j�.w.' K 808. / I 844.0 i• 184 a S � KLCS B P-1 a 790.3 �4 1 8010 UP- 9LACKHAWK :dpi• HA •�• ,� .Cm PARK SUBJECT PARCEL FIG 0 1 city of eaga6STORM SEWER •owor.a: p a odwR° PUBLIC WORKS MASTER PLAN DEPARTMENT Page 13/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 218, 1989 ,.i 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al,, B1, B2, B3, B4-, Ci, C2„ C3, C4,, C5, D1, E1, F1, and G1. 7. All conditions within the Eagan Woods Planned Development shall be adhered to. 3. 209 parking stalls shall be provided. If a shortage does occur, additional parking will be created on adjacent property. 4. All trash shall be contained within the building. 5. Rooftop mechanical equipment shall not be visible from I-494 or Pilot Knob Road. 6. The building setback variance shall be; approved as per the site plan. 7. Accoustical treatment shall be provided within -the building in order to minimize any noise impacts from planes overhead or traffic along I-494 and Pilot Knob Road. 8. The developer is required to submit detail plans and specifications of the proposed retaining wall construction as a part of the site plan review for staff review and approval. 9. The development is required to install street lighting. 10. Any development of the outlot must be approved by the Advisory Planning Commission and the -City Council prior to development. All voted in favor. COLLEGE CAMPUS/RASMDSSEN COLLEGE SYSTEM Chairman Pawlenty opened the public hearing regarding an Application for a Comprehensive Guide Plan amendment changing the land use designation from D -III (Mixed Residential, 6-12 units per acre) to LB.(Limited Business) district, a rezoning of 8.52 R-4 (Multiple Residential) acres to an LB (Limited Business) district, a preliminary plat consisting of one lot and one outlot and a conditional use permit to allow a private school in a Limited Business district located along the east side of Federal Drive, south of Washington Avenue in the northeast quarter of Section 16. City Planner Jim Sturm summarized the application for the Commission and recommended the addition of two conditions. Mr: Nimitz (Rasmussen representative) was available at the hearing for questions. 0 3c) Page 15/EAGAN ADVISORY PLANNING COMMISSION MINUTES March 28, 1989 9. The development is required to provide irrigation for the landscaping. All voted in favor. PHILLIPS 66 FIRST ADDITION/PBILLIPS 66 COMPANY Chairman Pawlenty convened the,public hearing regarding an application for a Comprehensive Guide Plan amendment changing the land use designation from Limited Business to General Business, a rezoning of 1.16 Agricultural acres to a General Business district, a preliminary ,plat consisting of one lot, and a, conditional use permit for a motor fuel station with a car wash and a pylon sign located in the northwest corner of Pilot Knob Road and Duckwood Drive in the northeast quarter of Section 16. City Planner Jim Sturm presented the application summary to the Commission. Jim Phil,ipe (Phillips 66) distributed brochures to the Commission members. He briefly presented the site plan and informed the Commission that the developer agreed to all staff conditions. Chairman Pawlenty stated the Commission would address the use issue first. Member Voracek questioned what would be built to the west. The developer stated the land had not been acquired. Mr. Sturm stated that a triangular piece is difficult to develop. He gave a brief history of the site. Voracek questioned if Duckwood crossing 359 would create a traffic hazard. Assistant City Engineer Mike Foertsch replied that the ingress only was sufficient. Voracek asked why there could not be one curb cut. Mr. Foertsch stated that the ingress only ,was a compromise. The developer questioned the emergency access. Chairman Pawlenty stated that one entrance may be a problem. Member Miller commented that service stations almost always have two driveways. Miller questioned the need for the amendment from Limited Business to General Business. Voracek commented that it would have less traffic. Chairman Pawlenty asked if the parcel to the south was General Business. Mr. Sturm stated yes but it was a Planned Development. Merkley questioned if they could require a Planned Development to limit other uses. There was discussion regarding the Planned Development requirement. Member Miller stated he was concerned in regards to the use. Member Merkley informed the Commission he did not have a problem with the gas station but was concerned about future uses. The developer stated it needed a zoning classification to allow a gas station use. Miller suggested continuing the matter. Voracek stated that the access concerns would not be addressed by a Planned Development nor would the -increase in traffic. Member Trygg remarked ,she felt that Limited Business was the best option for the area'. Members Voracek o? 3 � MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 12, 1989 SUBJECT: INFORMATIVE MEMO Seneca Odor Control Advisory Committee Three (3) meetings of the Seneca Odor Control Advisory Committee have been held with the first meeting on Thursday, February 16, the second on March 15 and the most recent held on April 12. The first meeting was coordinated and chaired by the City Administrator per the agreement and subsequent meetings will be staffed by Comm ity Development. Enclosed on pages Q.34 through _ are minutes of the March 15 meeting. Minutes will be forwarded on a regular basis for future meetings. Equal Employment Opportunity Policy Statement As previously stated, the affirmative action policy was approved as originally submitted. The EEO policy statement will be posted by the City and used for bid d �nts and other official City action and is enclosed on page for your review. Landscaping at Firestations 4 E 5 The Parks and Recreation Department is preparing landscaping plans for both stations 4 and 5. The City Administrator has sent a letter those residents surrounding station 5, copy enclosed on page 1 giving notice that a meeting will be held on May 11 to review the 'landscape plan for the station 5 site. Police Management Retreat Shortly after Pat Geagan assumed his new responsibility as Chief of Police, he scheduled a minimum one (1) hour meeting with every employee of the Police Department to ask a series of questions and allow volunteer input on any subject pertaining to police operations. The input has been extremely valuable as Chief Geagan, police management and the City Administrator evaluate police operations for the future. The feedback from many of the employees was quite positive. More recently, on Thursday, April 6, Don Salverta, a professional facilitator with Attitude Development Consultants, led a retreat entitled "Leadership". It was an opportunity for police management, which included the chief, captain, sergeants and representatives from patrol, investigation, clerical and dispatchers, to interact and develop a set of goals similar to the City Council department head retreat that was held in February. The City Administrator did participate in a portion of the day. Once the results are finalized, a copy will be shared with the City Council. C;? Monthly Reports/Fire Department Enclosed on page o7�i1 is the Fire Department Monthly Report for February. Protective Inspections Monthly Report Enclosed on pages �J through e:�V6 is the Protective Inspections Monthly Report. Chamber of Commerce/Tax Increment Financing Presentation The Eagan Chamber of Commerce is planning to sponsor quarterly meetings for the purpose of addressing topics or issues that are pertinent to the City of Eagan. Generally, the topic or issue will relate to a subject matter or agenda topic under consideration by the City Council. The first meeting, held last Thursday, April 6, was to familiarize the Eagan Chamber of Commerce membership with tax increment financing. The format is to have speakers that provide both points of view on an issue, as well as a better understanding of the topic. The City Administrator discussed the City's policy regarding TIF and the Northeast Eagan Offsite Public Improvement Project. Dave McGillvrey reviewed how tax increment works. Don Slater, executive director of the LMC, discussed why TIF should remain as a revenue tool to municipalities, and Jodie Hower of the Citizens League gave her reasons why TIF should not be allowed as a tool to cities. There were several questions, and all in all, the meeting was a success. AMM Lecislative Alert Enclosed on pages a(4 -7 through is a copy of a Legislative Contact Alert sent out by the AMM that addresses three (3) specific bills that are under consideration by the legislature. This office has notified our legislative delegation regarding the solid waste bills that are proposed respecting the argument position of the AMM. MLC/Constitutional Challenge The fifteen (15) member cities of the Municipal Legislative Commission received notice late last week that the MLC lost the case. The decision is currently being reviewed and analyzed by Bob Brenner, our lobbyist, and Richard Gaalswyk, special legal counsel on behalf of the MLC. The City also received a letter from Mr. Gaalswyk. A copy is enclosed for your review. Please note that this letter was not received until Monday, April 10, and as of Friday, there was no interest in appealing the Constituti al Challenge. P1 se refer to the attachment found on pages �� through � P�. 233 A, recommendation of whether to appeal will be made at the April 19 Operating Committee meeting. The plaintiff has sixty (60) days to file a notice of appeal. The decision is thirty-three (33) pages in length and will be copied for any member of the City Council who would like a copy. Tiedemann Letter Enclosed on page S.3 is a copy of a letter sent by Chris Tiedemann to Joe Haugen, President of ROI Properties, Inc., concerning a continuing pest and rodent problem at her property described as 3871 Gold Point. The City Administrator has asked that the proper staff investigate the issue on behalf of Tiedemann. Fred DeLosh Letter Enclosed on page is a copy of a letter received from Fred DeLosh and addressed to the Mayor and City Council. BRA Status Report Enclosed on pages C;? S through r- is the most recent HRA Status Report. Citv of Burnsville Reiects Bradford Proposal Enclosed on page c�L S :2 is an article that appeared in a recent addition of the Real Estate Journal regarding a retail project that was turned down by the Burnsville City Council. Airport Relations Committee Recommendation/Larry Dodd's Request At the April 4 City Council meeting a recommendation by Larry Dodd to modify the air traffic corridor procedures was referred to the Airport Rel d o Committee at heir April 11 meeting. Enclosed on pages _ through is a memo response from Assistant to the City Administrator Hohenstein regarding the Committee's action. There is no action recorded by the City Council unless there's a direction different from that of the Airport Relations Committee. Closures of Pilot Knob Road and Cliff Road -1989 PILOT KNOB AND CLIFF ROAD CLOSURES -1989 --The City has been informed by the County and the contractor that Pilot Knob Road between Crestridge Lane and 35-E ramps will be closed to allow the completion of the Pilot Knob Road improvements. This road closure (except for local traffic) is anticipated to begin April 24th and remain in effect approximately 4 weeks. 2 3� The progression of the, Cliff Road improvements will result in closing Cliff Road (except for local traffic) from Pilot Knob Road to Thomas Center Drive/Beacon Hill Road with the remaining portion toward Johnny Cake Ridge Road being delayed as long as possible to minimize the impact of the road closure. Construction activity is estimated to begin on Cliff Road by May 1st with the remaining segment between Beacon Hill Road and Johnny Cake Ridge Road being closed approximately May 24th. It is anticipated that the road will be reopened to traffic by July 1st. During the first part of July, Diffley Road and Lexington Avenue will then be closed to allow the initiation of those scheduled projects to begin. City Administrator �3� SENECA ODOR CONTROL ADVISORY COMMITTEE Marcb 15, 1989 MINUTES The second meeting of the Seneca Odor Control Advisory Committee was called to order at 5:10 p.m., March 15, 1989 at the Eagan City Hall. Attendees were Betty Bassett, Lester Spencer, Michael Hazel and John Westley, area residents; Dale Runkle and Kristy Marnin, City of Eagan; and Pauline Langsdorf, Bob Polta, Harold Voth and Jim Wawra, Metropolitan Waste Control Commission (MWCC). II. REVIEW OF AGENDA/APPROVAL OF MINUTES AGENDA: The agenda was accepted as presented. MINUTES: It was noted that Jim Wawra's named was misspelled in the minutes. The correct spelling is Wawra. Polta noted that the third paragraph on page 2 states that Doug Warner is with the MPCA. The correct statement is that Doug Warner is with the MWCC. Bassett asked to add the comment she made regarding the fact that she would not be interested in being on the committee if it is only a PR (public relations) committee. In addition, Bassett stated that she had discussed changing the committee membership for the Wuthering Heights neighborhood from two to three members, two rotating and one permanent, with Dale Runkle prior to today's meeting. Without objection, this was agreed as acceptable. The minutes of the February 16, 1989 meeting were accepted with the above noted clarifications. Selection of the committee chair was tabled until members of the business community are present. Unanimous. IV. REVIEW OF STATEMENT OF GOALS Jim Corcoran had indicated at the February 16, 1989 meeting that MWCC staff would draft a statement of goals. However, Corcoran was not in attendance. Polta and Wawra did not know if the statement had yet been drafted. Bassett stated that she wants a definition of odor included in the statement. Polta indicated that there is no hard and fast definition of odor. � 3( Seneca Odor Control Advisory Committee March 15, 1989 Minutes Page Two Varied discussion took place between Polta, Westley, Bassett and Wawra regarding odor definitions, MPCA odor standards and the MPCA/MWCC stipulation agreement. There was some disagreement as to whether or not the MPCA has odor standards and to what degree the Seneca Plant is regulated by them. Westley indicated that he would bring an article regarding odor standards to the next meeting. Westley distributed a letter from Edward DeLaForest of the MWCC to Russell Felt of the MPCA regarding uncapped flowing dewatering wells in the area of the Seneca Plant. This letter indicated that no open flowing wells were observed during three site inspections. Westley indicated that he would like copies of the 16 MPCA standards violations from the Seneca Plant as noted in the newspaper. Bassett read from a copy of MPCA and the MWCC which wa., meeting. (Runkle made copies committee members). Bassett is important because it say, source of sulfur dioxide. Al says that burning cannot be c a stipulation agreement between the presented at a February 28, 1989 of this item and distributed them to stated that she thinks this document that the Seneca Plant is a major' >o, Bassett stated that the agreement one at the Seneca Plant. Wawra clarified this statement by saying that the agreement states that burning can be done, but not with oil. Bassett indicated that sk (in Rosemount) gets its then in the future more Seneca Plant for burning. V. STATUS REPORTS Construction Update e is concerned that if the Koch refinery sulfur dioxide emissions under control, Blue Lake sludge will be hauled to the Bassett stated that none of the neighbors have seen the plant expansion plans, and that she would like to see them. Westley inquired as to when the final plans would be ready. Wawra indicated that the plans may be ready within a month or so. Bassett indicated that an engineering report (Metcalf and Eddy - sic) stated that problems at the Seneca Plant stem mainly from lack of maintenance. Wawra disagreed with this assessment and said he would like to see the report. .::) 31 Seneca Odor Control Advisory Committee March 15, 1989 Minutes Page Three Bassett distributed photographs of the aeration ponds and stated that the odor from the ponds is very bad. She inquired as to whether there is a health risk from these odors, and if the ponds could be covered. Polta stated that numerous studies have been conducted regarding the covering of aeration ponds. He indicated that he would bring a list of references regarding these studies to the next meeting. Westley stated that he has seen studies showing that methane gas is coming off of the ponds. Polta and Wawra disagreed with this statement and said they would like to see these studies. Polta noted that there is a significant difference between aeration ponds and other ponds. 2. Odor Complaints Polta stated that two odor complaint calls have been received since the February 16, 1989 meeting, and distributed a map showing the locations of the complaints. Field inspection of these complaints revealed that the odors noted were coming from the Koch refinery (in Rosemount), not the Seneca Plant. Bassett indicated that the general sentiment from the neighbors regarding the complaint line is that it is just a PR (public relations) gimmick, and that they (neighbors) are not going to call because it doesn't achieve anything. Spencer stated that the people (MWCC staff) who had come out on odor complaints in the past had not resolved anything and that the odor was not stopped. Bassett asked repeatedly for a clear explanation as to how the complaint line helps the neighbors. She requested that the MWCC redo the newspaper article to clearly state reasons why people should call in with complaints. Polta stated that if odor complaints are not received, then the MWCC will not know when, where or what problems are occurring. Langsdorf indicated that the calls are very important. If the two calls that were received this past month hadn't come in, then the MWCC wouldn't have known there was a problem or investigated. Both Polta and Langsdorf indicated that all complaint calls are logged and that the MPGA checks these logs. If no complaints have been registered, the MPCA would get the impression that there are no problems. Polta stated that certain things (eg. filters) can be changed to help with the odor. If a complaint is received, the MWCC can investigate and possibly make a change which may help control the odor. z)-39 Seneca Odor Control Advisory Committee March 15, 1989 Minutes Page Four Polta indicated that another example of the importance of calling in with complaints will be seen in the river crossing studies. The MWCC will be conducting tests this summer which monitor hydrogen sulfide. If complaints are received, the MWCC will be able to gauge whether the system is effective or not. Westley stated that complaints have been coming in for years, but it appears that the MPCA is unaware of these complaints. He suggested that all complaints be passed on to the MPCA's enforcing officer. Hazel commented that he has noticed that things (odor control programs) have not worked in the past, but the MWCC is trying something new, the point being that at least something is being tried. He also indicated that he would like the MWCC to keep a running total of complaints, and to continue to bring all complaints registered to the committee meetings for review. VI. OTHER BUSINESS There was no other business. VII/VIII. FUTURE MEETING DATE/AGENDA/ADJOURNMENT The next meeting will be at 5:00 p.m., Wednesday, at Eagan City Hall. Hazel requested a review of well records, if possible, at the next meeting. This meeting was adjourned at 6:15 p.m. April 12, 1989 the dewatering BWAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT This is to affirm the City of Ragan's policy of providing Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity/ Affirmative Action laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof, specifically Minnesota Statutes 363. The City of Eagan will not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance. The City of Eagan will take Affirmative Action to ensure that all employment practices are free of such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The City of Eagan will use its best efforts to afford minority and female business enterprises with the maximum practicable opportunity to participate in the performance of subcontracts for construction projects that the City engages in. The City of Eagan will commit the necessary time and resources, both financial and human, to achieve the goals of Equal Employment opportunity and Affirmative Action. The City of Eagan fully supports incorporation of nondiscrimina- tion and Affirmative Action rules and regulations into contracts. The City of Eagan will evaluate the performance of its management and supervisory personnel on the basis of their involvement in achieving these Affirmative Action objectives as well as other established criteria. Any employee of the City, or subcontractor to the City, who does not comply with the Equal Employment Opportunity Policies and Procedures as set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor not complying with all applicable Equal Employment Opportunity/Affirmative Action laws, directives and regulations of the Federal, State and Local governing bodies or agencies thereof, specifically Minnesota Statutes 363 will be subject to appropriate legal sanctions. The City of Eagan has appointed Holly H. Duffy, Personnel Director, to manage the Equal Opportunity Program. Her responsi- bilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this Affirmative Action Program as required by Federal, State and Local agencies. The City Administrator of the City of Eagan will receive and review reports on the progress of the program. If any employee or applicant for employment believes he/she has been discriminated against, please contact Holly H. Duffy, City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612)454-8100. of 3830 PILOT KNOB ROAD. P,0 BOX 21199 EAGAN. MINNESOTA 55121 PHONE (612) 454-8100 April 10, 1989 Dear Fire Station #5 Neighbor: VAC EWSON Moyoi THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Com,cll Mem " THOMAS HEDGES City Mminislfotrn EUGENE VAN OVERBEKE City Cletk With the recent completion of Fire Station #5, plans are now being prepared by the Department of Parks and Recreation for various landscaping improvements. It is the intention of the City to develop a landscaping plan and make improvements during 1989. As we promised last year when the building was planned and constructed, it was the intention of the City to notify the residents and allow input once the landscaping plan was prepared for your review. A neighborhood meeting is scheduled at Fire Station #5 on Thursday, May 11, 1989, at 7:00 p.m. We are sending this letter to those neighbors whose property adjoins the Fire Station #5 parcel or has an obvious sight line to the property. If other residents in the neighborhood would like to attend and did not receive notice, they are more than welcome. On behalf of the City and all our volunteers at Fire Station #5, we thank the neighborhood for its patience, understanding and assistance during the building construction last year. Sincerely, Thomas L. Hedges CiittKee�n yAdministrators Southorn Fire Chief cc: Ken Vraa, Director of Parks and Recreation Tom Colbert, Director of Public Works/Fire Station #5 Project Coordinator TLH/kf THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY MONTHLY REPORT FOR February , 1989 Golfview Dr. Eagan Fire Department 4546 Slater Rd. 2/4/89 TYPE WORK PERFORMED MAN HOURS 2/18/89 3335 Coachman Fire/Rescue 756 Training 917 Truck & Equip. Maint. 247 Station Maintenance 187 Fire Prevention 20 Administrative 642 TOTAL 2,769 MANPOWER STA. #1 STA. #2 STA. #3 STA. #4 STA. #5 Available Nights 10 10 6 8 9 Available Days 6 5 0 2 4 Available Days/Nights 3 4 2 3 1 Available Rotating 3 0 2 1 0 On Leave 0 1 0 0 0 Rookies 10 4 6 6 8 TOTAL 32 24 16 20 22 FIRE/RESCUE TYPE NUMBER LOSS Structure 6 $3,000 Grass 1 Vehicle 8 3,500 False 17 Medical 4 Other 8 TOTAL 44 $6,500 LARGE DOLLAR LOSSES DATE LOCATION 2/2/89 3440 Golfview Dr. 2/4/89 4546 Slater Rd. 2/4/89 3330 Pilot Knob Rd. 2/18/89 3335 Coachman D eta OCCUPANCY Apartment Vehicle Vehicle Fire alarm LOSS $2,000 $1,000 $2,500 $1,000 FMoRep.EFD 3/89 PROTECTIVE NUMBER OF PERMITS ISSUED MONTHLY REPORT - rfAEOH 1989 THIS MONTH YEAR-TO-DATE electrical 108 312 Plumbing 75 213 HVAC 78 218 Yater Softener 10 16 Signs 0 0 Well, Cesspool, Septic Tank 43 120 Sewer 8 Yater YTD NATURE OF BUILDING PERMITS ISSUED MONTHLY a�3 TYPE NO. I VALUATION PERMIT FEE PLAN REV FEE TOTAL FEES 1 FOUNDATION 0 108 SINGLE FAMILY 42 $ 4,409,000 $ 27,238.00 $ 13,619.00 $ 123,928.50 0 DUPLEX 0 4 TOWNHOUSE 4 285,000 2,040.00 1,020.00 11,061.50 0 CONDO 0 APT BLDGS 0 AGRICULTURAL 0 3 COMM/IND (NEW) 2 3,452,000 9,596.00 4,798.00 32,174.60 35 COMM/IND REMODEL 10 307,000 2,536.00 1,178.00 16,509.50 COMM/IND ADDITION 2 44,000 452.00 226.00 1,032.00 INSTITUTIONAL PUBLIC FACILITIES RES. GARAGES 1 4,000 64.00 ----- 66.50 RES. ADD./POACH 3 31,000 360.00 90.00 473.00 SWIM POOL 1 900 24.00 ---- 24.50 41 MISCELLANEOUS 17 199,300 1,848.00 -- 1,960.00 DEMOLISH 0 HOUSE MOVES 0 MO. SUBTOTAL 8,732,200 44,158.00 20,931.00 187,230.10 ADJUSTMENTS MO. TOTAL 82 20 YEAR-TO-DATE P 18,638,750 101,573.00 t 48,533.0 552,655.10 a�3 PROTECTIVE DATE - MONTHLY REPORT MARCH 1989 �� Fav aaan n� y;��ra;�nnri c a# 1 MO. 0 / MO. 6 1 MO. 4 /1 YTD $ / YTD # 1 OF / OF 1 OF 11 OF 1 OF TYPE / PERMITS 1 UNITS 1 BLDGS. 11 UNITS 1 BLDGS. DUPLEX 1 t t tl t 1 1 t e1 1 3—PLEX 1 1 e Io 1 4-PLEX 1 4 1 4 1 1 /1 4 1 1 1 1 t // e 5-PLEX t 1 t is 1 6-PLEX 7-PLEX t t 1 e1 t 1 1 1 11 1 8-PLEX 10-PLEX e 1 e n e 12-PLEX 1 1 / // / 16—PLEX 1 1 1 IN t I e 1 1/ 1 1 / / Ie / APT. BLDG. / t e e1 / I e e 11 e 1 t 1 t1 t OTHER 1 / 1 11 1 1 TOTAL 1 4 e 4/ 1/ 1 4 1 1 e e e ee e a# PROTECTIVE INSPECTIONS MONTHLY REPORT COMMERCIAL/INDUSTRIAL & INSTITUTIONAL BREAKDOWNS DATE MARCH 1989 BLDG. 1 1 1 1 PERMIT A 1 ADDRESS & LEGAL ' OWNER ' VALUATION a OCCUP. I 655-A LANE OAK DRIVE e 1 1 16157 1 L1, B1, CRAY ADD. CRAY RESEARCH 1$ 2,852,000 1 Comm New 1655-B LANE OAK DRIVE .2 e 1 1 16203 ' L1, B1, CRAY ADD. (CRAY RESEARCH 1 600,000 1 Comm New 1 1571 Century Point 9 1 1 _16130 11,3, B1, CENTURY NJ R IVERSON a 24,000 1 Addition 12020 Silver Bell Road e 1 e 16239 11,1, B1, Dallas Dev 3rd 'WELSH CO 1 20,000 1 Addition 11980 Cliff Lake Road a 1 e 16202 1 1,2, B1, Cliff Lake Ctr 'RHC Associates 1 70,000 1 Comm Remodel 1214o Cliff Road e 1 1 16178 1 L1, B1, Flour Bin 1st 1Lvnn Reimer a 78,0001 Comm Remodel 11380 Corp Center Curve e 1 1 16166 11.2, B2, EaR Ofc Prk 2nd 'NW Mutual Life 1 65,000 1 Comm Remodel 11380 Corp Center Druve 1 e 1 16176 'L2, B2, Eae Ofc Prk 2nd 'NW Mutual Life a 32,000 1 Comm Remodel 13980 Sibley Memorial Hwy e 1 1 16172 11,51, B6, Section 19 'Upper Midwest Memt1 23,0001 Comm Remodel 13432 Denmark Avenue 1 1 1 1.6180 'L1, B1, Twn Ctr 100 6th 'Federal Land Co ' 15,000 1 Comm R model 11960 Cliff Lake Road 1 1 1 1.6222 1L2, B1, Cliff Lake Ctr 1RHC Associates ' 12,000 1 Comm R mod 1 13390 Coachman Road 1 1 1 _1.6181 'L1, B1,. SBD 'BBD Investments ' 6,000 1 Comm R mod 1 13424 Denmark Avenue 1 ' 1 1.6179 'L1, B1, Twn Ctr 100 6th 'Federal Land Co 1 5.000 1 Cnmm Ramndal 14130 Blackhawk Road e 1 1 16190 'L1, B1, Blackhawk Plaza 'Blackhawk Plaza 1 1.000 1 Comm Rn del 1 e e e 1 e 1 e e 1 1 e e e 1 1 e e e 1 e e e 1 e 1 e e 1 1 e e e e 1 1 e 1 1 1 e e e e e e 1 e e e e PROTECTIVE INSPECTIONS MONTHLY REPORT - MARCH 1988 NUMBER OF PERMITS ISSUED THIS MONTH YEAR-TO-DATE Electrical 136 291 Plumbing — 85 183 HVAC 89 206 Water Softener Y5 32 Signs _ 19 33 Well, Cesspool, Septic Tank 0 n NATURE OF BUILDING PERMITS ISSUED YTD MONTHLY airn 1Vu. VALUA11uN MMM1T FEE WLAN HEV FEE TOTAL FEES 1 FOUNDATION I 0 I 127 SINGLE FAI4ILY 68. j$ 7,329,000 !$ 40,240.00 '$ 20,119.00 $ 186,151.00 2 DUPLEX 2 1 118,000 I 820.00 410.00 4,881.00 1 TOWNHOUSE 1 434,000 I 1,660.00 830.00 13,483.50 4 CONDO 4 1,036,000 4,360.00 2,180.00 28,986.00 0 : APT BLDGS 0 0 (AGRICULTURAL 0 2 (COMMERCIAL 2 464,000 2,004.00 1,002.00 .13,778.00 19 ICOKI/IND REMODEL I 10 11 1,420,000 5,900.00 I 2,637.00 10,096.50 1 I COMM/IND ADDITION 0 0 INDUSTRIAL 0 O (INSTITUTIONAL 0 0 PUBLIC FACILITIES 0 0 RES. GARAGES 0 4 RES. ADDITIONS 2 I 20,600 220.00 61.00 291.50 1 SWIM POOL 1 12,000 122.00 61.00 189.00 55 MISCELLANEOUS 31 I 137,200 1,790.50 224.50 2,088.00 0 DEMOLISH O HOUSE MOVES MO. TOTALS 121 10,970,800 57,116.50 27,524.50 1259,944.50 0717 YEAR-TO-DATE TOTALS 18,506,972 95,904.00 45,948.50 1 427,522.10 40 '09 ociation of metropolitan muniapalitleg April 6, 1989 Legislative Contact Alert Number 3 TO: AMM Legislative Contacts FROM: Vern Peterson, Executive Director Roger Peterson, Director of Legislative Affairs Melanie Ault, Legislative Coordinator RE: LEGISLATIVE BILLS WITH SIGNIFICANT IMPACT ON METRO CITIES 1. TAX INCREMENT FINANCING: Our worst expectations have been realized and not one but two restrictive bills relating to tax increment financing have been introduced in recent days. HF 1335 (Valento, Schreiber, Rest) and HF 1341 (Rest, Long, Valento, Schreiber) have several similar provisions but they have.many unique provisions as well. The point that needs to be made is that while some provisions of these bills may not appear onerous or hurt a particular city or a particular group of cities, in total, both bills would substantially restrict cities' in their ability to use this tool. Also HF 1341 introduces two concepts that the LMC and AMM oppose very strongly: volume caps and approval by schools and counties of a city's proposed project under certain conditions. Neither bill has been scheduled for a hearing as yet and as of this writing, neither bill has a Senate companion. However, it is not too early to start voicing your concerns about these bills to your Legislators. The AMM message since the beginning of this session has been very clear and direct: there is no need to further restrict the use of TIF during this session in view of the many changes that were made last session. Please help us get this message to your Legislators.! The bills have been assigned to the House Tax Committee. We are enclosing summaries of both bills prepared by House Research for your information. 183 university avenue east, st. paid, minnesola 55101 (612) 227-4008 -(1 C� G / 2 3 LAND USE PLANNING: We anticipate that the comprehensive land use planning bill will be introduced on Thursday, April 6th. This will be a substantially revised version of the bill that was sponsored by the Governor's Advisory Committee on State - Local Relations (ACSLR) and introduced last session. The special AMM Land Use Task Force, Chaired by Orono Administrator'Mark Bernhardson, has been working on this bill since last November, and will meet again on Friday, April 7th. to continue its review of this bill. The AMM Task Force has been very successful in eliminating and/or modifying the most onerous provisions of the bill. However, some problems still exist and as of now, the AMM still remains in opposition to some portions of the bill.. Since it is so late in the session, the bill may not be heard until the interim. The AMM would prefer that no action be taken on the bill this session which would give us additional time to further improve the bill. The AMM Task Force will continue in its efforts to make the bill acceptable and we will keep you informed. As of now, we are not asking you to make any major efforts with respect to this item. SOLID WASTE BILLS: A. HF 417 (Munger) and SF 95 (Lessard) are the bills which basically implement the Score committee recommendations which we discussed in a previous "Alert" dated February 27, 1989. The AMM agrees with and supports most of the provisions contained in these bills but there is one major exception. Both bills impose a state sales tax (4% in SF 95 and 6% in HF 417) on refuse collection to fund a state grant program and to pay for various state level solid waste activities. As we indicated earlier, because of the much higher disposal costs in the metro area caused by using more environmentally sound disposal techniques,, the sales tax approach is unfair to the metro area. We advocate a,uniform per unit charge (weight or volume) to fund the state programs. Please mention this concern to your Legislators. B. Garbage Hauler Buyout: As reported in LMC Bulletin #10, dated March 17th., the issue of "just compensation" is under debate at the Capital. The Legislature is considering a statewide goal to require recycling 25% (40% in the metro area) of the waste by 1993• Many cities may ,have to become more involved in regulating solid waste collection in order to meet such goals. If a city 'organizes' collection and either directly or indirectly forces or causes a current hauler to discontinue providing pick-up service within the city, then the city would have to buy out that hauler under the so called "just compensation" provision. The AMM/LMC Joint Solid Waste Committee met with representatives of the Haulers on March 22nd. to discuss this issue and recommended very strongly that we oppose any attempt by the Haulers to pass such Legislation. We believe that the lobbyists representing the Haulers will attempt to amend either or both HF 601 or SF 530 to include such Legislation. (attached is a copy of the proposed amendment which we oppose). WE URGE YOU TO DISCUSS THIS CONCERN WITH YOUR LEGISLATORS AT YOUR EARLIEST OPPORTUNITY. Please distribute this information to other officials in your city as you deem appropriate and necessary. Thank you. -3- L MUNICIPAL, COMMISSION TO: MLC Operating Committee FROM: Bob Renner, Jr. DATE: April 7, 1989 RE: Constitutional Challenge 15oo Northland Plaza 3800 West 80th Street Bloomington, Minnesota 55431 (612) 893-6650 N91 Please review the attached letter from Dick Gaalswyk. If the MLC is going to seriously consider an appeal to the decision, it must be made in the next few days. It is my impression that there is not an overwhelming desire to appeal the Tax Court decision. However, if there is interest expressed within your City Councils and Mayors, please contact me immediately. Should a number of cities want to appeal, we will call a special Board of Directors meeting during the week of April 10-15. Should the decision be to not appeal, we can discuss the decision at the next Operating Committee scheduled for April 19 at Messerli & Kramer's offices. Member Cities: Bloomington, Brooklyn Park. Burnsville, Eagan. Eden Prairie, Edina. Inver Grove Heights. Maple Grove, Maplewood. Minnetonka Plymouth, Roseville. Shoreview.WyitBear Lake. Woodbury MAUN, HAYES, SIMON, JOHANNESON, BREHL AND ODLAUG ATTORNEYS AT LAW SAINT PAUL OFFICE MINNEAPOLIS OFFICE 2300 WORLD TRADE CENTER 520 NORTHIANO EXECUTIVE OFFICE CENTER 30 EAST 7TH STREET 3500 WEST 60TH STREET SAINT PAUL, MINNESOTA $5101-4904 MINNEAPOLIS, MINNESOTA 55431-4504 TELEPHONE:612-229-2900 TELEPHONEL612-835.9550 TELECOPIER: 512-2292600 TELECOPIER: 612-635-3463 REPLY TO, Saint Paul April 4, 1989 Municipal Legislative Commission 1500 Northland Plaza 3800 West 80th Street Bloomington, MN 55431 Re: Blume v. County of Ramsey Greetings: On March 31, 1989 the Tax Court issued its decision in the above matter. A copy was delivered to Mr. Renner on your behalf late that day. The Court rejected all of our claims that the 1988 Omnibus Tax Act is unconstitutional. Mr. Renner asked us to give you our assessment of the decision and of the advisability of an appeal. That is the purpose of this letter. Neither the Court's decision nor the grounds on which it rests are remarkable or surprising. As I indicated to your Operating Committee on January 27, 1989, we did not expect that the Tax Court would be likely to rule in our favor; we have always expected that a favorable decision would come, if at all, from the Minnesota Supreme Court. The factual and legal grounds stated by the Court for its decision were familiar to us as well. All factors considered, we would say that the chances of success on appeal remain at approximately 15 to 20%. The Court's decision provides no real discouragement in that regard. The strength of the record established at trial provides encouragement for that estimate of the prospects for success on appeal. The deadline for filing an appeal is 60 days from the date of the decision, or May 30, 1989. However, if an appeal is going to be made, it is vital that a motion be filed by April 17 for a new trial and amended findings of C�?,5 1 MAUN, HAYES, SIMON, ..IOHANNESON, BREHL AND ODLAUG Municipal Legislative Commission April 4, 1989 Page 2 fact. If such a motion is filed, the appeal deadline would be 60 days after a ruling is issued on the motion. The motion for amended findings is necessary to request some different and some additional findings of fact to support our legal arguments. Failure to make such a request would severely limit the scope of review on appeal. We would not consider handling an appeal without such a motion. A motion should also be filed at the same time for corrections to the record, because the transcript of the trial is so full of errors. We are not in a position to advise you whether to undertake an appeal. Usually such a decision is based on weighing the costs of the undertaking against the potential benefits, factoring in the prospects for success. We would estimate the costs to be $5,000 to $8,000 for the motion for amended findings and $25,000 for the appeal; both estimates could be high or low. As indicated above, our chances of success are estimated to be one in five or less. We are not in a position to judge the potential benefits to you of success. Your ability to afford the costs of an appeal must also be considered in making the decision to go forward. This firm will not agree to defer such costs, as we have offered to do with the balance of the costs from the Tax Court phase of the case. In the words of our retainer agreement, this letter also constitutes notice of this firm's election to discontinue representation of the Commission and Mr. Blume in the above matter at this time. Thus, we are not bound to meet the deadlines for filing a motion for amended findings or new trial nor an appeal (petition for certiorari). We are willing to discuss arrangements for renewed representation in those respects, which will hinge on satisfactory fee arrangements and adequate time to do the work properly. A decision whether to file the motion for amended findings must be made by approximately April 10. A decision whether to appeal must be made at least two weeks before the appeal deadline. Very truly yours, Richard M. GaalswJrk RMG:es cc: Mr. Robert G. Renner, Jr. Mr. Barry Johnson Mr. Gary Blume Asa 'Lt Jo Haugen, President ROI Properties Inc. 5258 West 96th Street Bloomington, Minnesota Dear Ms. Haugen: 55937 L Lt f Chris Tiedemann(-�-�- 3871 Gold Point Eagan, Minnesota 5512 (612) 687-0805 April 9, 1989 I am writing because I am concerned about a continuing pest and rodent problem in the property I am renting from your organization at 3871 Gold Point in Eagan. Hal Schulz delivered four mouse traps to me about one month ago, and suggested I also use d -CON poison. I have caught three mice, and hopefully poisoned many more, but the problem continues. I can hear the rodents in the walls and ceiling of the house. I most recently heard them last night. I am very concerned about the potential health problems these pests can cause to me and my pet. I am also concerned about potential damage to my property. I do expect ROI properties to be held libel for any problems caused by these rodents and pests, and to replace any of my property damaged due to this problem, or the on- going water seepage problem in the basement. I would like to request a reduction in rent of $200.00 a month until these problems are taken care of. Since I have already paid my April rent, you will notice this reduction in my May rent check, whether the pests are gone in April or not. The other pest problem relates to boxelder bugs. There are almost as many bugs inside as out. I have to shake out my clothes before dressing to make sure no bugs are present. I also keep my vacuum cleaner in the living room constantly to get rid of the bugs as soon as they appear. This is a nuisance, and quite embarrassing when guests are present. I really feel something should be done by ROI properties. I have already added value to the property by having a gas dryer hook up installed at my own expense, and feel that my requests as stated above are reasonable. I hope to hear from you soon. Sincerely, Chris Tiedemann Copies to: Better Business Bureau of MInnesota; City Council of Eagan �eZ-3 / 0 OSPREY eiRe.t.E lleP , -TD. Allcyeh V tc41sen MFMeps c{ caq aYi CrdUi7C P0. Ben L sa-Y), Aft 5S1 1 lie - Ci �y /�PoTPc d4 S43 R TfN, /riY 6fkY1ne RJ. ✓Yew Acz' z have-finaly had -lhe eha✓ic'e, io Read the A 6e�'-- pe-xcer,- {inclfhrf ihePe. u,qe ani oI,SCRe/.neie5 Cenc•eN));ny Pa 5er>•ienf5; ¢53es5>»enf5;et'e, withRea.'d -Za >r7rPRiPP/,'iy. 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S-nce the Set'✓; ee WRive. ter Reva>r,fe l; i2e�n yh� par ew eens,'o%i; //wl, i3 Sne//,ifr S-Za-,Lc l�2arK e �i ny, �ie'yC /i�. etc, T/iFRe Sne u>»eb,/inq , slli�xy, h;6"lK1, _Teyylhs, h RSebae%' Ri .J e ✓. rnenf sfera9e, RefReshment gfaxo/ c7e Wha�edeG" 4, S& 6/e en mV Pfieoexij A ex e, %n the sm a.// C; i y 6-1 Sun dP ein f, Zd, i :ll eR e. aRe 5`mI'a ). ao(lea -j set a $ide Te%' (he a0 c, de-Z;V,f,'e5 , Pf✓S »zany SI#C;al )nU 5"a/ and en7Pr Z4;nin j ev n{s . The eiiy /s ✓eRy 012 --heal and f'44' S,yhied. =Ry t,�✓iy � a✓,�5, �C� rredrkicK C. Ac Lesa Status Report for Dakota County** April, 1989 ASSISTED HOUSING Section 8 Existing: Certificates Vouchers Moderate Rehab Section 8 New Construction Low Rent Housing 235 Home 236 Rental Amount of Elderly Family Total 404 1152 1,556 +3 129 231 360 +4 4 21 25 0 247 300 547 0 380 200 580 0 0 41 41 0 0 526 526 0 TOTAL ASSISTED HOUSING 1,164 2,471 3,635 +7 Amount Commercial/ of COMMUNITY DEVELOPMENT Elderly Family Multifamily Total Increase MHFA Local Participation MHFA Home Improvement Loan MHFA Home Rehab Loan MHFA Home Energy Loan Rental Rehab CDBG Rehab Loan CDBG Rehab Loan - Mobile Home MHFA Solar Bank Energy Loan 312 Loan - Residential 312 Loan - Commercial/ Mixed Use Weatherization 0 5 0 5 0 34 173 0 214 1 65 78 0 143 0 10 136 0 146 1 38 49 5 92 0 90 182 0 272 0 1 20 0 21 0 0 8 0 8 0 4 15 0 19 0 N/A N/A 377 1,508 TOTAL COMMUNITY DEVELOPMENT 619 2,171 * + = Increase/- = Decrease 3 3 0 0 1,885 15 8 2,808 17 ** Numbers for the City of South St. Paul are included in Assisted Housing, Rental Rehab, and Weatherization, but are excluded from the rest of the Community Development programs; South St. Paul operates separate Community Development programs. os- Status Report for the City of Eagan April, 1989 ASSISTED HOUSING Section 8 Existing: Certificates Vouchers Section 8 New Construction Low Rent Housing 236 Rental TOTAL ASSISTED HOUSING Amount of Elderly Family Total (+/-* 29 225 250 -4 25 65 90 +1 0 33 33 0 0 18 18 0 0 144 144 0 54 485 539 -3 COMMUNITY DEVELOPMENT Elderly MHFA Home Improvement Loan 2 MHFA Home Rehab Loan 3 MHFA Home Energy Loan 1 CDBG Rehab Loan 1 Weatherization 5 0 TOTAL COMMUNITY DEVELOPMENT 12 * + = Increase/- = Decrease C;�.s b Amount of Family Total Increase 14 16 0 3 6 0 11 12 1 6 7 0 69 74 0 103 115 1 Page 6 R�o� �ta�2 Jr-" rvq\ 4-10 -9rk Burnsville rejects plan COIDNCIL VOTES DOWN BRADFORD PROPOSAL The Burnsville City Council voted 5-0 April 3 to deny approval of Bradford Cos' plans for a power center south of McAndrews Road, between Bumhaven Drive and Aldrich Avenue. Bradford Cos. had proposed a 161,123 square foot (leasable) power center on 17 acres,and company officials said they had secured anchor commitments from Toys 'R' Us, Kids'R' Us, Marshall's and F&M Drug. Highland Superstores was also said to be interested. However, city council members were op- posed to a rezoning necessary for the Brad- ford project to proceed. The site would have to be rezoned to B-3 (commercial) from R-3 (high-density multi -family). The Burnsville Planning Commission had voted 5-0 against the plan March 13, primarily for the same reason. Bradford officials in Eden Prairie could not be reached .before this edition went to press. Meanwhile, officials of Tanurb Develop- ment Inc. say they are moving forward with plans for about 270,000 square feet of retail space on an adjacent site (MREJ, 4/3/89). Tanurb officials want to develop a power center of at least four anchors plus five outlots on the 26.8 -acre site of Jack's Miniature Golf and Driving Range and the closed Jack's restaurant. Plans for the rival project are ex- pected to be presented within 60 days. —Murmy nb(J S-7 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: APRIL 14F 1989 SUBJECT: AIRPORT RELATIONS COMMITTEE ACTION PERTAINING TO LARRY DODD'S REQUEST FOR MODIFIED AIR TRAFFIC CORRIDOR At its meeting on April 4, 1989, the City Council referred the matter of Larry Dodd's request that the City pursue a test of a procedure which would spread certain traffic out away from the Eagan/Mendota Heights corridor to permit the remaining traffic to operate in a much tighter air space. For a copy of the information relating to this matter, -please refer to the April 4, administrative agenda, pages 176 through 179. The proposal was considered by the Airport Relations Committee at its April 11, 1989 meeting and after considerable discussion, the Committee declined to endorse Mr. Dodd's request, because of its potential to open up new noise impact areas throughout Central and Southern Eagan, and because it runs counter to the City's planning effort to concentrate substantial commercial and industrial development in a particular area to absorb such noise. A map depicting Mr. Dodd's proposal is attached. At this point, staff is uncertain as to whether to bring the matter forward to the Council with the Airport Relations Committee's recommendation for denial or not. Please share this update with the Council and inform me as to how to proceed in this matter. A�istantto� City Administrator JH/vmd Attachment • f,llNlIIIIIIIIIIIIL'Ll ..11Ll1.1161•..:NN.L U6LLLIa%ILLI LLLLLLLL I L .... 111 PI II�I.1I II�1I I II I I II111111 I I I I II 111/111/1 .N,1 /14111111 n ltltl{i{O� ■II III Ii IRII,'If 11 F:Irll 111111 IYlllllllll 11 11111\ .11111111 if fit I it 1If.It tills l I: If; L{ILL1ftl 1 N LIrh P' ILLMLLULLLtIIX MLLLL'L 'rIf1111111F1w,\ Ilrlltllllll• IIIIL" 14111111111111:m11uw]I11\\\1'111111. it 1/111111 IIIIt1111111�IIN11111U1111111I gH111 r11111111119U\►111111 \Iltsmlll;(I lullICH61b11U II im 11111111111 111J111111111111111 q\\\\1111 111nsr' �I ��Illllllr 11111111111 IIIIIIIIU 1111 111113181 VII 'r (11M Irl II IIII:,LLLLIIII 111111111 111 lil 111111111\\\1111 iIp1111P'� L lllltl�L..'71tigi MIibbl; 11111 X/1111'71110 UI 11/1111111 A111111I1PIh:41 'lllllllll� 11111111 Wq'-_t'm-'1 11.1111111 1►_ 11G.sil1tool Irt h. 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J 11111 n :rrlle luln•-..,�,r u11 OA 11111 roil11111' 11/alllf.lvr•rr 111111111111• 1111 r 111:1:=1 81 111L., rr'/111111/11 pit 1'llrrW lsl� 1r. '. b., 1.1111IIIR I'11111114'•P/ m '1►1'l1A P. 1/11111111 It l fill; rl11lr,, I111'1% 4. 111.,•11 X111 M 11111111111[" losof *.1 �1e 111 ..•�.-/11111111rr . r r 1 u.: c.•_I ; '.1.11 :.1.11ir ill, ter_'-�:1 .�_' ��''��',11 ��:c�;=;'�!►!II't11ti��'1 I Pon -•� -.n ■' '1r�u'�,.��•�!1111�11111111��` 111111;;;;11Ae1 �\ • ADMINISTRATIVE AGENDA Y •REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA APRIL 18, 1989 CITY ATTORNEY CITY ADMINISTRATOR Item 1. DNR Citizens 'Task Force Item 2. Final Plat for Blue Ridge 2nd Addition Item 3. History Committee Recommendation Regarding Relocation and Renovation of Old Town Hall Item 4. Clean -Up Day - May 6 PUBLIC WORKS DIRECTOR Item 1. Implementation of a Water Use Restriction MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 14, 1989 SUBJECT: ADMINISTRATIVE AGENDA CITY ATTORNEY Item 1. There are no items to be considered under City Attorney at this time, however, the City Council reserves the right to hold an executive session if there is a recommendation to discuss the status of a lawsuit. It should be noted that the O'Neil trial that was to begin on Monday, April 10 was continued for approximately 2 - 3 weeks. CITY ADMINISTRATOR Item 1. DNR Citizens Task Force --The city of Burnsville during 1988 authorized a reduction of deer by allowing specified hunting dates sponsored by the Department of Natural Resources with the condition that the task force, made up of representatives from hunting, anti -hunting and residents from the four cities of Bloomington, Burnsville, Eagan and Mendota Heights evaluate alternatives relating to existing deer population. The Depa-rtment of Natural Resources is proposing that a task force be organized and hold its first meeting on Wednesday, April 26 at the Minnesota Valley National Wildlife Refuge headquarters in Bloomington. The City of Eagan has the option to appoint a resident to serve as a member of this task force. City Councilmember Wachter had recommended Don Roemhildt who resides in the City of Eagan as a possible choice. The City Council should make an appointment on Tuesday and for additional information on the purpose of the task force, please review a tter fro Jon Parks, area wildlife manager, enclosed on pagethrough .. ACTION TO BE CONSIDERED ON THIS ITEM: To designate an Eagan representative to serve on the DNR Task Force to evaluate and develop a long range deer management program for the Fort Snelling State Park, Minnesota Valley National Wildlife Refuge and adjacent deer concentration areas. Item 2. Final Plat for Blue Ridge 2nd Addition --The final plat for Blue Ridge 2nd Addition is in order for consideration. The Blue Ridge 2nd Addition is a second building that will be constructed by the Wachovia group in the development marketed as the Waters and adjacent to Northwest Airlines and Cray Research. C;G ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the Blue Ridge 2nd Addition final plat. Item 3. History Committee Recommendation Regarding Relocation and Renovation of Old Town Hall --A History Committee meeting was held on April 6, 1989 to discuss relocation of the old town hall building and its future restoration. The committee was made aware that the Celebrate Minnesota Grant was not awarded to the City of Eagan. Representatives from the Eagan Rotary were present and reassured the group that they were willing to pledge both a financial and labor commitment to the restoration of the building if the History Committee and City of Eagan adopt an objective and proceed with the restoration of the building. City Councilmember Wachter prepared a floor plan from memory of the way the Town Hall once appeared when it was used in the early 1960's. A copy of that drawing is enclosed without page number with the Administrative Agenda packet. After some deliberation by the committee, it was generally concluded that 1) the building will be relocated, 2) the building should be restored to original condition, 3.) a small area would be reserved for artifacts to be displayed, 4) tours and simulated town meetings for school children will be emphasized and 5) a brochure and other materials would be prepared over time that would explain the history of Eagan and how that facility was used during the first half of this century. A motion was then adopted that recommends to the City Council a three step process that includes 1) relocating the building, 2) restoring the building to its original condition and 3) plan its future restoration while creating a community interest in the project. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recommendation of the History Committee as it relates to the relocation and future restoration of the old town hall building. Item 4. Clean -Up Day - May 6--A city wide clean up day is planned for Saturday, May 6. Mayor Ellison is asking service organizations and other groups to assist in the clean up day activities. The main purpose of the clean up is to canvas the city, roadsides, parks and other open spaces by collecting debris during the morning hours and end with a picnic on the City Hall grounds around noon. PUBLIC WORKS DIRECTOR Item 1. Implementation of a Water Use Restriction --The Director of Public Works is proposing a water use restriction for the entire community during the months of June, July and August. The reason for the restriction is the reduction of water availability that will be caused when the Lexington trunk main is taken out of - service to upgrade Lexington Avenue and the fact that the four million gallon reservoir referenced as the Lexington Reservoir will not be completed for peak summer usage. Please note that the Lexington trunk main is a main trunk feeder. It is the intention of the City to prepare a publicity campaign by notifying the residents through the May newsletter and local newspapers and, therefore;, an early action is desired. The Director of Public Works will provide additional information at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a water use restriction for odd/even days during the months of June, July and August for the reason stated. /s/ Thomas L. Hedges City Administrator a�3 STATE OF DEPARTMENT PHONE NO, (612) 445-9393 March 30, 1989 Area Wildlife Office 223 Holmes Street, Room 101 Shakopee, MN 55379 Mr. Thomas Hedges, Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 OF NATURA.L RESOURCES Dear Mr. Hedges: FILE Since 1984, Minnesota Department of Natural Resources (DNR) and/or US Fish & Wildlife Service (FM) representatives have met with your City Council to request authority for deer hunts on public lards in your city. At many of these meetings we debate the issues of the safety, effectiveness, and humaneness of the deer hunt as well as the possible alternatives. We would like to develop a long-range deer management program for the Fort Snelling State Park, Minnesota Valley National Wildlife Refuge, and adjacent deer concentration areas. By doing so we could avoid an annual, time-consuming, and often emotional debate over the same issues and spend that effort doing the job. To arrive at a management plan most likely to be accepted by the citizens of your commmmities, I am forming a task force to examine the alternatives and to attempt prepare conceLsus recommendations to the Councils and the natural resource management agencies. The task force will be representative of 4 groups: hunting; anti -hunting (or "animal rights"); "unbiased representatives" of the cities of Bloomington, Burnsville, Eagan, and Mendota Heights; arra natural resources agency field staff. Attached is the final proposal for the implementation of a task force,. When I met with the Council last summer, they expressed much interest in participating in the task force. I now request that the Council, select a representative. You may select a citizen -at -large, a staff member, or whomever you feel is appropriate. The task force member should have some interest in deer, but he/she should not be strongly opinionated either against or in favor of the ruction of deer numbers by hunting or sharpshooting. The first meeting will be held frau 7:00 pm till 9:30 pm on Wednesday, April 26, at the Minnesota Valley National Wildlife Refuge headquarters, 4101 E. 80th Street, Bloomington. Future meetings will be scheduled by the participants. I anticipate about four ve ekly meetings with reconmendatieam finished by mid-May. Wa may need to proceed beyond that date to complete long-range recommendations, but a recommendation on any hunting season this year will be made by then. If you have any questions, please mall me. Thank you . Sincerely, ./� Jon M. Parker, Area Wildlife Manager AN EQUAL OPPORTUNIEMPLOYER STATE OF r � Gam] {� � 0 4LQ DEPARTMENT OF NATURAL RESOURCES PHONE NO.(= 445.9393 Jon Parker, Area Wildlife Manager 223 Holmes Street Shakopee, MN 55379 FINAL PROPOSAL March 28, 1989 MINNESOTA RIVER VALLEY DEER MANAGEMENT TASK FORCE FILE JUSTIFICATION: 1. The Burnsville City Council has requested that'a citizen's task force on deer management be instituted by wildlife management authorities. Before approving DNR deer hunts and/or sharpshooting this year, the Council has asked DNR to prepare a proposal for the task force and take steps to begin implementing it. The Council will not approve further deer hunts until the task force makes recommendations to the Council. 2. This task force may be instrumental in coordinating deer management programs among the many cities in the lower Minnesota River Valley. To date, wildlife management agencies have been unable to encourage the cities with deer problems crossing city boundaries to work together for comprehensive solutions. 3. Such a task force could be utilized to address other inter city wildlife management issues in the Metro Region, such as Canada goose contol, by modifying its membership to suit the issue.. TASK FORCE OBJECTIVES: 1. Identify the problems associated with deer populations in the Valley. 2. Review past and proposed deer management by wildlife agencies. 3. Review existing and potential deer population control methods and recommend methods to be used in the Valley. 4. Recommend desireable deer population densities. 5. Recommend practical methods for implementing a comprehensive deer management program in the lower Minnesota Valley. Recommendations should include.: a, agency, person or group in charge of implementing the program, 'b. agencies responsible for financing the program, c.. institutional changes needed to implement such a program, such as city ordinances or Minnesota statutes. TASK FORCE MEMBERSHIP: The City of Burnsville has offered to provide a "facilitator" for the task force. As an alternative, I am considering the temporary hiring of an experienced facilitator. This person will provide a structure for analyzing the problem and identifying solutions and will act as a moderator or meeting leader. The facilitator will be subject to approval of the task force. The group will have representatives of organizations with interest in deer populations.. citizens from each city involved, and representatives from the natural resource managment agencies involved.. Membership will include one representative selected by each of the following cities: Burnsville, Eagan, Mendota Heights, and Bloomington. Natural Resources agency members will Include: US Fish & Wildlife SRiv486ALD6PFOA7TM" g�FrLbrh%and Recreation, DNR Division of Fish & Wildlife, and Hennepin Parks. Special interest groups represented will include: 2 or 3 statewide hunting groups: 2 or 3 anti hunting, or "animal rights" representatives, and up to 3 representatives of non hunting recreationists using the public lands in this area. The group will number 12 to 17 members. DECISION MAKING: All decisions and recommendations of the task force will be by concensus or unanimous consent. If no concensus is reached, no recommendation will be given to the city councils. IMPLEMENTATION SCHEDULE: Recommendations must go to the city councils by May 17. We hope this will allow for decisions to be made so that hunting seasons, if any can be published by the deadline for the DNR "Big Came Synopsis", June 7, 1989. The first meeting will be Wednesday, April 26, from 7:00 9:30 PM. I will arrange for a meeting place. d plan to have weekly meetings until May 17, unless a recommendation can be.agreed to before that time. rl � MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: APRIL 6, 1989 SUBJECT: INFORMATIVE MEMO -STRYKER ADDITION/DCR COMPANY At a future Council Meeting, the preliminary plat for the Stryker Addition, also known as Cedarvale Highlands Shopping Center Apartments, will come before the City Council. As you are aware, this is a mixed use and development, which had not been platted at the time of construction. The current application is to split off the part of the property which includes the liquor store. As you know, this type of mixed use development is often not permitted because of the concern about separation of potentially incompatible uses. Despite that, there has been a resurgence in such combinations of uses, particularly in inner city applications and in senior housing, where the proximity of business and retail services is essential. Approximately two years ago, a concern was raised by a resident of the Cedarvale Highlands Apartments about noise being generated by a drycleaning establishment and shirt laundry in the commercial strip. Her apartment was directly over the establishment, and she was sensitive to additional noise caused by the facility. City inspectors reviewed the situation and discussed the matter informally with the business operator. The resident was informed that if the matter was not resolved to her satisfaction, she should contact the property manager in that regard. The City received no further contact from her. Although this situation appears to have resolved itself, it points up the need for continued attention to compatible commercial uses with residential uses immediately overhead. Mike Doherty of the City Attorney's office indicates that it is not appropriate to attach use conditions to a preliminary plat. Therefore, this application may not be the venue for this concern. It may be appropriate to raise the issue informally though as the owner is before the Council for an approval. It would be a good opportunity to remind the owner of the City's concern for residents of the apartment units and of the compatibility of the commercial space with them. If you have any questions in this regard, please let me know. As istant to the City Administrator JH/vmd A regular meeting of the Eagan City Council was held on Tuesday, April 18, 1989, at 6:30 p. in:at::>i;tiea:ga Municipal Center. Present were Mayor Ellison and Count 'etp r-s`F1:d:chter, Egan, Gustafson and McCrea. Also present were City Administ:zator Tom Hedges, Public Works Director Tom Colbert, Community Development Director Dale Runkle, City Planner Jim Sturm and City:,: tornoj-..James Sheldon. F7�ff 7, f� Councilmember Wachter requested the addition to the agenda under Department Head Business regarding the oak tree located on the Target property. Wachter moved, Gustaf :eSri;:�econdea, the motion to approve the agenda as amended. All voted'iii':fdv_gr,. April 4. 1989 Councilme.Mber::Egan requested a spelling correction to John Eckblad's name on :.ia:ge 6, paragraph 1. Wachter moved, Egan seconded, the motion to approve the minutes for the April 4, 1989, regular Council meeting as amended. Ellison, Wachter, Egan and Gustafson voted in favor; McCrea abstained. PUBLIC WORKS DEPARTMENT/P]103:9=::::N1O : 56:2A/WELL NO. 14 - THOMAS LAKE RESOLUTION SUPPORTING:SYTE LOCATION City Administrator Tom Hedgoi¢expl&:7tned the necessity of the resolution to the Council. Councilmembet Egan questioned if the property owners had been notified. Public Works Director Tom Colbert stated that all property owners within 350 feet were notified of the neighborhood meeting. Egan moved, Gustafson seconded, to.o:motion to approve a resolution supporting the site locatio* bf Project 562A (Well No. 14 Thomas Lake Park). All voteq;:::1r1:::svasF;:: PUBLIC WORKS DEPARTMENT/GOPHER...SAGAN INDUSTRIAL PARK GRADING PERMIT/E8TENDED::XOURS AND DAYS City Administrator Tom Hedges informed the Council the contractor was requesting that the hours and days of operation Page 2/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 allowed by the ordinance be;.,extended to -allow, the work to be performed 24 hours a day a�c]:occasion4:iy on a Sunday. The applicant was available at the meeting:::o:c::gueSk:ions. Councilmember Wachter questioned what would happen with the stockpile. Bob Rudy (Shafer Contracting) replied that the material would be returned to the original hole. Egan moved, Gustaf son::::sEGii9::::tTge. motion to approve a variance to City Code 4.30 for grad1itg' pYia%t E3-088, Gopher Eagan Industrial Park, allowing extendEi7 houii,of operation for a 24 hour schedule and Sundays as weather -dictates. All voted in favor. ?TgEE Councilmember Wachter reported that the History Committee requested the Council reconsider the matter. City Administrator Tom Hedges updated the Council on the background of the matter. He stated that MnDOT recommended that the tree not be removed. Councilmember Egan st:ted;::.that MnDOT did not have to approve the removal of the tree and that `Ea:i:,ge:t::;;.could negotiate with MnDOT. Councilmember McCrea commented.. sHe:v.0..0d like the motion to be reconsidered. Mayor Ellison was in agreement and stated he felt the motion should be rescinded. Egan moved, McCrea se65rfdei3, the motion to rescind the April 4, 1989, motion regarding removal of the oak tree on MnDOT right-of-way adjacent to the Target store. All voted in favor. Egan moved, McCrea seconded, the motion to refer the Target oak tree matter to MnDOT with _Ao.:re.00mmeltida.tion. All voted in favor. City Administrator Tom Bedge:s:intioduced the matter. He recommended designating the area:;: Page 3/EAGAN CITY COUNCIL April 18, 1989 Councilmember lawn chemicals and hazard. He stated h regarding the matter. Wachter stated e felt PARS MEETING MINUTES IN.; :C.A$1iALS infoined the Council of concerns regarding residents should be cautioned regarding the the City should acquire more information Councilmember McCrea stated,.;she felt the Parks Department costs were well presented by Ren Vraa<;pd sh:s::�ppreciated his effort. Councilmember Wachter requested another access to the compost site to improve the circulation. :...CONSENT AGENDA City Administrator Tom HeO:ges::.r;eq,uested that Item C (Proclamation, City of Eagan Arbor Day) be pulled from the consent agenda to allow the matter to::be dis.C.w:ssed. A. personnel Items. 1. Land Develo questioned if the Ci Director Tom Colbert full-time consultant. requested the matter final candidate. pment/Design Engineer. ty needed a new design replied yes, that the He stated the plans be contitlue.d:.;fo,r.,.two Councilmember Wachter engineer. Public Works City presently has a would be reviewed and weeks to determine the It was recommended to continue to::Fie May 2, 1989, City Council meeting the hiring of a candidate:as lana development/design engineer for the City of Eagan. 2. Accountant I. City Administrator Tom Hedges informed the Council the candidate was Sue Sheridan. It was recommended t Accountant I for the City completion of the City's 3.a. Seasonal informed that Bruce maintenance worker. 3.b. Seasonal approve the hiring maintenance worker. o approve the hiring of Sue Sheridan as of Eagan, subject to the successful physical examination requirement. Utility]a: tltieiC¢ ±l:arker. The Council was Koopmeiners was hired as a seasonal utility No Council action rigs: required. Utility Maintenance Worker. It was recommended to of Jeffrey Borsman as a seasonal utility Page 4/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 4. Seasonal Park Work* :r-;':. It was::: ecommended to approve the hiring of the ten seasonal pa W-o4lbtenance workers as presented, the two seasonal park attendants a's pYssented, the three seasonal ball field attendants as presented and the two seasonal forestry technicians as presented for the Park and Recreation Department. 5. Administrative Inte.r:n >S.t.;.;xwae;;r:ecommended to accept the resignation of Daniel MundatiJ>: ::8:e l.ni trative intern. B. Plumbers Licenses. It was recommenced to,appigveth%..'�hree plumbing licenses as presented. This item to be discussed at the end of the consent agenda. D. It was recommended to recieive the....petition for Project 566 (Coventry Pass - Trunk Utilit:a �s):;a:n:d:;a:iithorize the preparation of a feasibility report and detai.l;ed;::p ns and specifications. E. Contract 89-06. R66 ve Bilis:/Award Contract frl iff Road - Booster Pump). Councilmember Wachter asked for an explanation of the difference between the estimate and the final bid. Bob Rosene stated that all equipment had been furnis4d.::'::' It was recommended to receive:the:bids for Contract 89-06 (Cliff Road - Booster Pump) and award tbe: conti#$ct to NW Mechanical as the lowest responsible bidder, and aithorixik::,the Mayor and City Clerk to execute all related documents. Councilmember Egan commented that:: -the bids in this matter were also below the estimates. It was recommended to:tEe;ager::;#lids for Contract 88-28 (Fire Station No. 1 - Parking Lot'''TmpYoveinen't'ej and award the contract to Munn Blacktop, Inc. as the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all:::::'' documents. Page S/EAGAN CITY COUNCIL April 18, 1989 G. MEETING MINUTES . . . . . . . . . . It was recommended to rec Pond - Streets and Utilities) Excavating Company, Inc., and execute all related documents. ei:Ve the bids and award the authorize the for Contract 88-34 (Alden contract to Fredrickson Mayor and City Clerk to It was recommended to recef'40 the��I"�inal assessment roll for Project 544 (Mallard Park --Str-06t.-:Li. 's) and schedule a public 8 hearing to be held on May It was recommended to....,receive the final assessment roll Project 523 (Stoney Pointe::�4,ih;d..B lackhawk Ponds - Trunk Water and order the final assessmifit'.:,0' hearing to be held on 1989. for Main) May 15, Project 515 held on May K. (Dodd Road - 15, 1989. r Overlay) and order the public hearing to be It was recommended to receiV''0::the:f:1na1 assessment roll for Project 530 (Kindercare - Water Min) a . h . d schedule the final assessment hearing to be held on::,4ay is . ::,1989. L. ARprove Final Plat/Alden Ponds. It was recommended to approve the final plat for Alden Ponds Addition and authorize the Mayor and City. Clerk to execute all related documents. . . .. M. Proi-ect 564. Receive... Petftion-/Authoriz a Feasihilitv Renor It was recommended to receive the."1'*'.tition for Project 564 (Rahncliff 2nd Addition - Streets and Water Main) and authorize the preparation of a feasibility report along with detailed plans and specifications. Page 6/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 It was recommended to au Project 548 (Cliff Road water solicitation for requests for engineering firms for design 0. It was recommended to ap Ridge 2nd Addition and author all related documents. P. LQJ Reservoir). thdt:ilt the feasibility report for Treatment Plant) and to authorize the proposals from professional consulting services. I plat for the Blackbawk and City Clerk to execute Councilmember Wachter requested clarification in regard to the matter. Public Works Director Tom Colbert stated that only a change order was before the Coundil:... It was recommended to appibV*,C.,btinge Order No. IF Contract 88-24 (Lexington Avenue Reservoir) and a6th'O ' rize the Mayor and City Clerk to execute all related do cum etht Q. It was recommended to receive the feasibility report for Project 562 (Well No. 14) and authorize the continuation of the project process. R. Prosect 563, Rece No. I';) It was recommended to receive the:f-easibility report for Project 563 (Well No. 15) and authorize con.t.'inuation of the project process. Councilmember Wachter asked if there would be any additional charges. Public Works Director Tom Colbext replied yes there would be additional charges for blasting and bai'lling. It was recommended...P .tPV6*:C ;*n.:ge Order No. IF Contract 88-31, (Well No. 12 - Completion ''" Date) authorize the Mayor and City Clerk to execute all related documents. Page 7/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 ........... ................ ..... It was recommended to appr-0-0i the second and final payment Contract 87-14 (Country Hollow - Sanitary Sewer Lift Station Equipment) to Smith & Loveless, Inc. and accept the facilities perpetual City maintenance and operation. for for It was recommended to auth4 - 1z e tbseventh and final payment for Contract 87-12'Addition - Streets and Utilities) to Richard Knut:6'0"nl:i":.''Ind'i:'':'4i.n:d authorize the acceptance of the improvements for perpetual City maintenance. It was recommended to....authorize the ninth and final payment for Contract 87-17 (Blackhawk:9'-b'.4d-.r Streets) to Preferred Paving, Inc. ...... ....... and authorize the rovements for perpetual City maintenance. It was recommended to authorize the seventh and final payment for Contract 87-41 (St. Francis Woods 6th Addition - Streets and Utilities) to F. M. Frattalone and authorize the acceptance of the improvements for perpetual City maintenance. X. Contract 88-19, Fii�i`p�yj�jjji' j'ceptance (Well No. 5 - Removal and Repair). ........... Councilmember Wachter questi-i6hed i:f:::the water needed to be tested after the repair. Public r#..Q"'iks btrector Tom Colbert stated that the water had been tested after the"::repair. It was recommended to authorize the second and final payment for Contract 88-19 (Well No. 5 - Removal and Repair) to Mark Traut Wells, Inc. and authorize the acceptance of the.... improvements for perpetual City maintenance. Y. Project 567, i7e Preparation of Feasibility Repo t (Effres orm Sewer). It was recommended to receive the,::Vetition for Project 567 (Effress Addition - Storm Sewer) and ad.fhorize the preparation of a feasibility report. Page 8/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 C. Proclamation, CitV.bf Eagan Arbor Day. Parks and Recreation D deetr:&eh Vraa introduced the item. He recognized Mr. Iverson. Eric Iverson, President of First Bank Eagan, presented sweatshirts to the Councilmembers. He elaborated on the park programs and stated that posters wo.u1d:;:;be;;.dirtr:s:buted. Mayor Ellison thanked First Bank Eagan and Mr. It was recommended to approve the resolution entitled "Eagan Arbor Festivities" proclaiming ,$ .turday :April 29, 1989, as Arbor Day. Gustafson moved, McCrea seconded', the motion to approve the foregoing consent agenda items as presented, and authorize their implementation. All voted in favor. PROJECT 487R, FINAL ASSESSMENT ROLL (BRAUN COURT - STREETS AND UTILITIES) City Administrator Tom Hedg+es::povided background information for the Council. Public Works::::Directft T.om Colbert explained the assessment calculations and dJ:scuss 4::tte meetings with the neighbors and their objections. Be stat?ei::tere were three areas of overrun - 1. storm sewer addition as:.::t:014:'design change; 2. poor subgrade materials; and 3. overhead: He presented an alternate assessment roll. He stated the final costs would be reduced by $10,000.00 and that the overrun would now be at $9,000.00 with the reduction. He informed the Council there were still two objecting owners. Be stated that if the alternative assessment were challenged, he would prefer defending assessment versiiq}:;iiianbe=::this:: Councilmember Wachter commented that the street was settling and asked if repairs would be made. Mt:' Col:I*rt stated yes and outlined the corrections. Henry Braun objected to the assessments and stated he felt the job was poorly done. He stated he felt there were engineering problems and that no extra grading had been done on the road. He informed the Council he was available for questions. Public Works Director Tom Colbert:4.0estioned the calculations. Mr. Braun reiterated his object,sons............ Councilmember McCrea 4uest oned''ITthe City received what it paid for. Jerry Bourdon responded that:the contract was awarded to the lowest bidder. He felt the costs wet.# comparable and fair and stated that they do measure quantity. There was much discussion regarding the project by Mr. Braun. Page 9/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 Councilmember Wachter:ll ad concern:s*regarding the blacktop. Mr. Bourdon responded regarding:;gjs..,concern.g. Councilmember Egan questioned what percent was'.... ..:::2sir 4: fitting off. Mr. Bourdon replied about 28. Councilmember-:1V`liter questioned if there would be any problems with dangers. Mr. Bourdon replied no. Councilmember McCrea asked if the contractor was still the lowest bidder with the cost overruns. Mr. Colbert replied yes. Leonard Walz commented:: tFTat:;te::aijreement was legally binding. He felt the cement was too expert ve. He: further commented that the depression in the tar was danger0iis and"be had concerns regarding other construction problems. Wayne Cordes commentetl :tie :thofFgb:t: the contract limited the costs. Be remarked that nobody explained the overrun possibility and felt that the overhead should be reduced further. Mayor Ellison asked if the work had been done well and if the changes would be made without cost. Mr. Colbert replied that the corrections would be made i't::::no„cost. Councilmember Egan stressed that he was unhappy with th::?Foceyres and the mistakes. He felt the project should not have been spY'i::::;a#;c: He pointed out that the City had made a very reasonable eva3;uation..gf...the cost distribution. He felt that all of the taxpayers:.sho,tIi::ttOt be made to assume all of the costs. Councilmember Wachter::& phasized that the road was in bad shape and he commented he understood the neighbors' concerns. Public Works Director Tom Colbert reported that $1,500.00 of the $10,000.00 was from the engineering firm. Mayor Ellison question4d if'` b:e Ciiuncil should recommend Assessment No. 1 or Assessment No::::2. C:ty Attorney James Sheldon informed the Council that their datermLO tion should not be made under threat of legal action but :din the:::: -basis of benefit only. Mr. Colbert explained the rationale acid als4::the options. Egan moved, Gustafson seconded, the motion to close the public hearing and reduce by $10,000.00 the final assessment roll for Project 487R (Braun Court - Streets and Utilities) and authorize its certification to the County for collect:�-:dn. Ellison, Wachter, Gustafson and Egan voted in favor; McCrQ.;.voted against. Mayor Ellison stated ktefeFXd;t3e original assessment roll without modification. Councilmember Egan commented that tti� City should assume their portion of the costs and felt that the net result of the original assessment roll would be detrimental. Page 10/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 Ellison moved, McCrea;::seconded, ibe motion to amend the previous motion to approve the froll as presented for Project 4878 (Braun Court - Streets, U:t:i:3%ties) and authorize its certification to the County for,:collection. McCrea and Ellison voted in favor; Wachter, Gustafson and Egan voted against. VACATE PUBLIC ACCESS EASEMENTS OUTLOT A;::.:::;SE6BR:;.ii�#QpS::,OFFICE PARE City Administrator Tom Bedges rev)EWed the matter for the Council. Wachter moved, Gustaf:son:::::se'COnde:tl::the motion to close the public hearing and approve:::the vaca.kion of a public access easement within Outlot A of Eagan Woods Office Park. All voted in favor. SPECIAL ASSESSMENTS/METRA!! PROPERTIES/SILVER BELL CENTER City Administrator Tom,Bedges presented the background information to the Council::s$atding the matter. Dale Ahlquist (representf financial obligation condition condition was previously made:: a mistake from the 1970 prQJA unfair. He commented that :'ffe the storm sewer. He commented was opposed to the assessment. ve f:a applicant) objected to the He stated that no mention of the Q::;furt)iei stated he understood it was Ana he felt the assessment was plicant would receive no benefit from at he was confused and the applicant City Administrator Tom Hedges explained the assessment policy and commented that staff was :_:,curx:etly,.r.eviewing the policy. Councilmember Egan repo`rte procedural safeguards were foll Colbert replied that either the rate or the size was under -esti; procedure. report did not indicate if is Works Director Tom t was not at the correct further explained the McCrea moved, Egan seconded, the motion to deny an additional condition to the Metram Properties Company motor fuel sales conditional use permit requiring a financial obligation of $10,611.00 for storm sewer trunk, which had previcii:Bly been assessed incorrectly. All voted in favor. Councilmember Gustafson? teui rkpii::€#i" t the City should not collect as a condition. Mayor Ellison commented he felt staff should be more judicious. Egan moved, Wachter seconiddd'?":''"ihe motion to continue the matter until later in the meeting. All voted in favor. DANIEL DRIVE AND LEXINGTON POINTS PARKWAY RECONSIDER:::441,"NE.]R!F..:::43F TRAILWAY City Administrator Tom Hedgl.0.6 introduced the matter. David Ashton (representativijor t:b.e neighborhood) gave a brief history of the area. He st.a.tftd..*it. th,q::::bike trail intersected driveways and be had saf et�.,:::,O' fide r -6B ':9 further commented that the .0 e neighborhood had changed and pointed out that across the street there were no driveways. Councilmember Gustafson questioned if the alternative was to place the bikes on the street. Councilmember McCrea questioned the ownership of the land to t.,6.ik:;:north. Public Works Director Tom Colbert stated it was HUD proper be sold. Mr. Colbert pointed out the area to the Council. McCrea 'Sb:.a':'r:e'd:.:,Gustaf son's concerns and commented she did not want the.:*:bikes "'in .the streets. She questioned if the trail could be locate&:�Qn,.the:::�. i4er side of the street. Mr. Colbert replied there were I rx,veways on the other side but that the front yards would give,::: ..diii::::b-enef it. Councilmember Egan questioned if there were ahy engineering problems with the other side of the street. Mr. Colbert stated he did not believe so but he would check into the matter. Councilmember Wachter annou concerns even if the trail:::;were--: street. Councilmember Gustifio'h'X: issue and asked if the neighbors Mr. Ashton stated be felt it was Mayor Ellison asked for a shb Ashton stated there would be three street. d he would still have safety e 'i':::the other side of the dl: Q. ............ iftbhid if safety was the only d concerns regarding aesthetics. factor but not a primary one. ofhands of the neighbors. Mr. "noli• on the other side of the Councilmember Gustafson requested the staff review the matter and suggested looking into moving the t ' t*.'il to the other side of the street for aesthetic and safety reasons:;::::: Gustafson moved, McCri a '(50 . 'a. e motion to continue to the May 15, 1989, City Council to the trailway along Lexington Pointe Parkway and Dani -e1-: Drive, to allow staff to further review the matter. All voted idafavor. Councilmember Egan quistioned if in rezoning there had been a change of criteria for trails. City Planner Jim Sturm replied no. Page 12/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 Egan questioned who would:..&y the costae City Administrator Tom Hedges stated that the devej:b.per woul&::probably pay the costs. Mayor Ellison pointed out that tk'ei" a. sCes::::trail plan should be interconnected and further codbitht.*d that the plan was in effect before the homes were built. Councilmember McCrea requested that the Park and Recreation Department examine the placement of the trailways. DECLARE SURn'U9::VR0P29TY/SET AUCTION DATE City Administrator Tom Hedges introduced the matter and distributed a list of additional.::surplus: property to the Council. Wachter moved, Egan s cQritied;::th4.motion to approve the declaration of certain City property and police evidence as surplus and authorized the sale and auction on June 3, 1989; with the exception of those items that will be sold through a published ad in the League of Minnesota Cities magazine. Wachter, Gustafson, Ellison and Egan voted in favor; McCrea was absent. VARIANCE/WARFTSIADIPRONT YARD SETBACK City Planner Jim Sturm s;ummarizeb,the application for the Council. Denise Warfield was availa;bx;::for questions. Councilmember Egan sta e;d>:he saw no justification for the variance as the garage would be ten feet in front and that the house could fit on the lot. Mayor Ellison commented that there was a need for a hardship to approve a variance. Councilmember Gustafson asked why the adjoining lot had received a variance. City Planner Jim Sturm responded it was because of the slopes. Egan moved, McCrea seciin:e8 ;tle: motion to deny the ten foot variance to the 30 foot front yaca setback to allow the construction of a home and attached garage i;i::1ot 4:::::81ock 2, LeMay Lake Hills Addition as applied for by Bobby::::and Dii ise Warfield. All voted in favor. .. PRELIMINARY PLAT/KINGSWOOD 32D ADDITION City Administrator Tom Hedges updated the Council regarding the matter and stated that the Advisory Plo.nbing Commission recommended approval of the preliminary plat and tii'i;variance. City Planner Jim Sturm recommended elimination..,ot....,thp-. ''ssibility of the outlots becoming tax forfeitures. Rolly Crawford (attorney for devel.:aper) explained the development to the Council and stated tbAt the variance was for the cul-de-sac because of the ponding area. He agreed to all APC conditions. He pointed out that only two issues remained - 1. treatment of the Bank Brewstel (adjoining landowner) assessment; and Page 13/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 2. the outlot problem. In .'. i . egards to number I.p Mr. Crawford stated U. ...,.x that be felt the cost of road sbo..u1-':0 be distributed to the benefited property; however Mr:, . ;:j::96rne would assume the cost of the entire roadway with acoveai;t::::aeiiying access unless Mr. Borne was reimbursed. In regards to"ni"M"i" "r 2., Mr. Crawford stated that all outlots should be put into the Homeowners' Association control. He pointed out that there would be minimal or no maintenance needed. He informed the Council he was available for their questions. Councilmember Wachter* :'-:fiff"d €YCiregarding the location of the northern lots. Mayor Ellisow: . uesti . 6 . hed the past practice. Public Works Director TOM Colbert state4'that-'fhe roadway must be available before the development could pr... ed. -r-� d Crawford commented that the City would not be liablemit''.'w'"'asn't granted. City Attorney Jim Sheldon stated that .... ould not involve the City. Mr. Crawford mentioned that the developer did not want to pay 1008 without covenants. Bank Brewstel reported that he had no problem with the covenant agreement. Be had concerns, regarding the retaining wall. He felt it was a good plan but requeii:6w:-:a. safety rail. --i:::th:6::,City's position on the road Councilmember Egan questione'd........ connection. Mr. Colbert statec"f�At wa . s . ..t.q.tally a local street. Mayor Ellison had con ding the outlots. Mr. Crawford again recommended control -1*.::A'e Homeowners' Association. Be observed that even if the land was f6 . rfeited, it would not be a major liability for the City. Be commented that to attach the outlot to a single lot would make it unsalable. Mr. Colbert pointed out that outlots on cul-de-sacs could be right-of-ways. Be stated that if they were not maintained, thethe outlots and blacktop. ....... ... City Planner Jim Stuim"r'edbihi.doti'be'd""bringing the street up to the Mn DOT property line. Mr. Crawford:;,Point'�O out that the present layout allowed the grading and planting :':Be stated the developer was willing to work with staff and was also vi.111ing::`.to have a condition that the preliminary plat approval be subji6t td.:::.t - he outlot resolution. Mr. Sheldon informed the Council that the outlot problem could be attached and at a later time amended by negotiation. Councilmember Egan agreed and stated he felt the cul-de-sac islands should be a right-of-way. Egan moved? McCrea secQndedP,.::-th.exmQ.tion to approve a preliminary i'l plat consisting of forty-sl:k:::g. :jRqpe:�-tgm;k,.y lots on 28.0 acres located along the west side of Pilo"i"In6b-goad .'.'in the southeast quarter of Section 16 and the northeast quarter of:::�$'.ection 21, as requested by Borne Development, subject to the follov:'Ing conditions: Page 14/EAGAN CITY COUNCIL MEETIN9 .. MJXQ.TES April 18, 1989 ................ 1. These standard co6fttions of -:p-14t approval as adopted by Council action on Septembe r44.. all be complied with: Al, Bl, B2, B3, B4j Cl, C2r C3r C5v Ad -o and G1. 2. The outlot adjoining 35E shall be attached to the adjoining lots and potential tax forfeiture issues shall be resolved prior to the final plat submission concerning th.e outlots and cul-de-sac islands shall be included A. 3. The development will be :'i"e"quire-4to submit detailed plans and specifications for the proposed.:r..etainin.g walls (including a safety f railing) construction for sta t ' .::,.revJ.4i.V:"and approval. ...... .. ... .... 4. All slope areas ar6i6quiriiito be 3-1 or less. All voted in favor. McCrea moved, Gustafson seconded, the motion to approve a variance to the 500 foot requirement for a cul-de-sac in regard to the Kingswood 3rd Addition::.gg: ,'4 ..::::r.equestec by Horne Development. All voted in favor. PRELIMINARY PLA'f/kAGAA..1.00TER 3RD ADDITION City Administrator Tom:::..h::g'es-briefed the Council on the matter. Randy Peterson (New H - orizon) and John Camp (Tri -Land) attended the meeting and were available for questions. Councilmember Egan expressed concern regarding the large outlot. Brad Swenson replied that stbe-:plattin . s for bookkeeping purposes. Egan asked why there was arqe:.r:.::.de.V'elopment. Mr. Swenson stated they were following the overall plan. Public Works Director Tom Colbert questioned the need for tO. outl'Ots. Mr. Swenson replied they were setting up boundaries for tki.gi,:.chur . c I h. Councilmember Egan requested an int'e'rpretation of the CPD ordinance. City Attorney Jim Sheldon responded that if two of the criteria of the ordinance were met, the development was ok. Gustafson moved, Wachter secondedF-:--t:h :e motion to approve a preliminary plat for Eagan Center 3rd A'44ition consisting of one lot and three outlots on 32.21 Plan ' ned Development - Community Shopping Center zoned acres located:A1 ... .. .... side of Lexington Avenue, .... ..... south of Kensington Trail ::the northeast quarter of Section 26, as requested by Tri -Land Partnership, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall complied with: Al. B1, B2r B3F CIF C2F C3F C4r CSr DIF Elr Fl. and G1. Page 15/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 2. No parking on Lexifilg"" .,:Avenwe;:`or Lexington Pointe Parkway shall be permitted. 3. The development is required to provide sewer and water service to the northerly adjacent property. 4. The development 1&;:#�?i.red;;to;:;:provide a black chainlink fence or other limited viii.'1A. tti:<feacifi7. 5. The parcel is within tho,.Lexington South Planned Development and subject to a cash obligatio:lccordsh n: Page 16/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 Bill Skarre asked ho4::the center:::gioint related to the commercial corridor. Mr. Rockenstein eil.a.fned:E commercial corridor. Doug Powers (Air Traffic'Minager) explained the rationale for various runway headings. He pointed out that the wind had been taken into consideration. Mayor Ellison comment.ed:.h;e...;f.elt;.:tite only option was the one in the middle. Mr. Rockenstein =paz:tEd:::the FAA would not accept any of the alternatives. Mayor E3�t .31son::::siiggested a workshop to discuss the alternative. City Administfator Tom Hedges pointed out that the Eagan Land Use was impp#tant:4kld that the Met Council should be involved in the alterna,t.ive:s;::'Mr.,..Bbhenstein stated that the solution should deal with :t'' e::::Mtet :00-u 40il contours. Be further reviewed the history of the situation'. Mayor Ellison thanked Mr. Rockenstein for attending the meeting and presenting the matter to the Council. COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY PLAT/ CONDITIONAL d5$:.:PERMIT - SODERHOLM ADDITION CITY OF EAGAN/LEZI! SOUTHWEST City Administrator Tom information and explained t plan. PLANNED DEVELOPMENT/ :SECTION 23 iewed the background for the resubmittal of the Dale Heines (developer) recapped the changes for the Council. He presented the petition to the Council and stated that the development had the neighborhood support. He described the access and commented there was not oppositioncess:;:otito Diffley. City Planner Jim Sturm pointed out:. -:t -.hat there was full access at the present time, but it would be:a righi-in/right-out in the future. Councilmember McCrea asked f0't the::::traffic count figures. Ray Connolly replied there would be between 12,000 and 14,000 when the area was fully developed. Mr. Beines stated there were two legal accesses at the present time and that two would be closed, whid.h-::;Would provide for one access in a better location. Be reported that the County had already approved the matter. McCrea „queatlaae.a;..eliminating the Diffley access. The developer commeited::::iha;t3i::proposed uses could not sufficiently be serviced. He stafei? tkie traffic was quite light. McCrea questioned if the traffic circulAt;ion would work without the Diffley access. City Planner Jim Sturm stated yes. Mayor Ellison asked why the internal access did not connect across. The developer commented that it was planned for in phase two. He further stated that the cut on Diffley was crucial for the bank and that Soderholm Page 17/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 --- favored connecting Lexingt.o.jq and Lexington Way. Councilmember Egan questioned why the buil din:#.:.. should b.e�:�,�onnected. The developer commented it would improve' 'traffic and the parking situation. He informed the Ut& had worked hard with the consulting engineer. Councilmember Gustafson asked the reached with the County. The developer with the Diffley cut. Gust.&.fl§di Board approved the plan, h7ei".viae County. Councilmember Egan disc residential use has an access, development. Councilmember McCx townhomes. The developer re.v1:i4 he did not see a reason td.:::c a . r Ellison stated that the parcel dwellings and pointed out that Councilmember Gustafson agreed. doe developer what agreement was replied that the County agreed l':)out that since the County (:::toward agreeing with the f4.:: stated that just because the 11-t mean the same for this i;i,jf the neighbors favored Uncilmember Wachter commented .omprehensive Guide Plan. Mayor would not work well with multiple Limited Business was lower density. Councilmember Egan stated the Council should not consider the matter without a major chai''' .N.4es:-aAd that the Advisory Planning Commission should have He felt the area has an excess of retail business and that mast" Business. He pointed out that:�Ihe Multi Dwelling. He was opposed:to: problems continue. He suggQ,,&ti.ed;::t not changed. tie site had undesignated Limited ppehensive Guide Plan showed Wg'e and stated that the access the reasons for the denial had City Attorney Jim Sheldon explained that staff should prepare a resolution stating the reasons for the denial. Egan moved, Wachter s.e.e c.o,nde,d,, the -motion to deny 1) a Comprehensive Guide Plan Ai . fi,; . . i , � tht::ftOM:::D-I to Limited Business, 2) rezoning of 7.89 acres PD S) a preliminary plat entitled Soderbolm Addition and 4j::a conditional use permit for a pylon sign, for the following reasons: A . one: 1. There was no material change frb6 the last proposal. 2. The retail study shows an excess of retail land across the street which is properly zoned but not developing. 3. Limited Business use is the moA,.::difficult zone in the City. 4. The Comprehensive D -I uses as a recent designation and should not:::.. .0.:::,C.W.Mercial. Page 18/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 5. There are continui;g access problems onto Diffley and Lexington. McCrea, Wachter, and Egan dta8 in favor; Ellison and Gustafson voted against. Egan moved, Wachter seconded, the motion to refer back to the Advisory Planning Commissign.... ,. ;ulthax_ consideration the Comprehensive Guide Plan A�aeadise t :: uicl:::'kezoning of 1.5 Multiple acres within the Lexington South Blanr¢i] Dev:gl:opment to Limited Business, located north of Diffley Road aa8'alon'g'the west side of Lexington Avenue in the southwest quarter::::of Section 23. Wachter, Ellison and Egan voted in favor; Mccrea.: andst;"tafson voted against. Councilmember McCrea pointed o►t she felt it was a good site for townhomes. PRELIMINARY PLAT/EAGAA WOODS OFFICE PARR II City Planner Jim Sturflt::4ntroduced the matter to the Council and pointed out that a 60 foot`,4-':. oay.,would be required. Be suggested the addition of a proposed conclitioh:;:;atating that the developer was required to provide the City Y7.ith a'iCeco:rdable document regarding the parking. Linda Fisher (attorney] r;eV ewes the staff report and concurred with all of the conditions by the staff and the Advisory Planning Commission. She informed the Council she was available for questions. City Attorney Jim Sheldon requested a correction to proposed condition number 10 in which it should state that any development of the outlot must be reviewed::::iiy; :theO,',A v:i:Sory Planning Commission and approved by the City Council': pri.'oita::ilevelopment. McCrea moved, Gustafson sec0a;ded,::t�e motion to approve a preliminary plat consisting of oi}e lot;:f:or one office building and an outlot for future development on 35.9 Planned Development district acres and a variance for the building setback, located in the southwest corner of Pilot Knob Road and I-494 in the northeast quarter of Section 4, as requested by Trammel Crowe Company for the Eagan Woods Office Park II, subject to the following conditions: 1. These standard conditions of p];'at approval as adopted by Council action on September,..1.5.+..,19.8.7r.:.sh.all be complied with: Al, B1, B2, B3, B41 Cl, C2, C3, Cd:::5+:::hl;:::::a1:::::£1, and Gl. 2. All conditions within the Eagan:::Woods Planned Development shall be adhered to. 3. 209 parking stalls shall be provided. If a shortage does occur, additional parking will be created on adjacent property. Page 19/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 4. All trash shall be::eontained w..thin the building. 5. Rooftop mechanical egjalet:isliall not be visible from I-494 or Pilot Knob Road. 6. The building setback variance shall be approved as per the site plan. 7. Accoustical treatme'4 .:,:t i- ...provided within the building in order to minimize any noise iq#pacts: Xom planes overhead or traffic along I-494 and Pilot Knob Road':''' B. The developer is requi ea;t.o...wi*it detail plans and specifications of the proppSed::::seta-'h''4 wall construction as a part of the site plan review for staff review and approval. 9. The development is required to install street lighting. 10. Any development of the outlot must be reviewed by the Advisory Planning Commissivii;:::d.nd approved by the City Council prior to development. All voted in favor. COMPREHENSIVE GUIDE PLAN...At!IENDIfBHY'/RSSONING/P$BLIlIINARY PLAT/ CONDITIONAL USE T RASMUSSEN COLLEGE SYSTEM City Administrator Tom Hedges briefed the Council regarding the matter and stated that the Advisory Planning Commission recommended approval of all four applications. Bob Nimitz (Rasmussen:::t:epresritat3vE) was present at the meeting and available for questions Councilmember McCrea questio04d if_:there was a sufficient amount of parking stalls. Mr. Nimitz resganded::there was sufficient parking stalls. McCrea requested the demographicS:'of the students and asked if greenery could be added to the lot. Mr. Nimitz stated that they have not had any litter problems and pointed out that there was substantial landscaping in the plans. McCrea questioned if other sites for the College had been examined. The developer stated yes. Councilmember Egan questioned the amount:bf the required parking. City Planner Jim Sturm replied about 16Q:'.'Mayor Ellison asked if the developer had any desire for,..e.spai�si.on,:.:.;The developer commented no, that 300 was the maximum. City Planner Jim Sturm reported to;:Gbe Council that the cross -easement would be required with Oti-lot A because of the lining up of the access with apartments to the west. Be stated there was a need for flexibility. Page 20/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 McCrea moved, Gustaf son:;.4wconde..d *':the motion to approve a Comprehensive Guide Plan amEcf Beieiit:::;cYiahging the land use designation from D -III (Mixed Residential;::'G=:1.:.units per acre) to LB (Limited Business), for the Rasmussen College Campus. All voted in favor. McCrea moved, Wachter seconded, the motion to approve the rezoning of 8.52 9-4 (Multiple;.Re,€idential) acres to an LB (Limited Business) district for the..::k sni isa ii:::CO.1-- ege Campus. All voted in favor. McCrea moved, Wachter secoridp d, t�E:motion to approve a preliminary plat consistin.g,,of; orie.:.l.q.t. a,n one outlot located along the east side of Federalvy'sout3?:::f Washington Drive, in the northeast quarter of Section 16, as requested by Rasmussen College System for the Rasmussen College Campus, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September:::15., 1987, shall be complied with: Al. B1, B2, Cl, C2, C4, Dl, El, 2. The City will require::::a croBs-easement with Outlot A. 3. The mechanical equip)neat: st gal' not be visible from the street. 4. The trash enclosure shall consist of the same material as the building. 5. The ground sign shall meet all Code size and height requirements and all signage:;:::s3#81;6e:;subject to the one time sign fee of $2.50 per square f6dt' : 6. The development is requited to:s:bmit detailed plans and specifications for the proposed Ketaini;-pg wall construction for City staff review and approval as a part of ;tine technical plat review. 7. Slope easements are required from adjacent properties where grading extends beyond the development boundaries. 8. Entrance to the site is require tl.:to be opposite the existing entrance on the west side of Federal DfAve. 9. The development is res # K.: to ovide irrigation for the landscaping. All voted in favor. McCrea moved, Egan seconded the motion to approve a conditional use permit to allow a private scLool in a Limited Business district Page 21/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 located along the east side::::of Federa .::;Drive, south of Washington Drive, in the northeast quakter of Section 16, as requested by Rasmussen College System for:::.'. :;8ZW""Ussen College Campus. All voted in favor. DNR CITIZEN TASK FORCE Councilmember Wachter .'informed the.. Council that Orville McCullough was also intere:tted::u; seaae:::as a member of the task force. Wachter moved, Egan seconde#k the.:.motion to designate Orville McCullough to serve on the DNR.;:tBtk fOL:O to evaluate and develop a long range deer management; p QgraiR;£or the Fort Snelling State Park, Minnesota Valley National Wildlife Re-fuge and adjacent deer concentration areas. All voted in favor. Councilmember McCrea stated she felt a notice should be placed in the newspapers. Councilmember Egan stated the matter should return before the Council in the:f ut,ure. FINAL PLAT%BL'08:?$b66..2ND ADDITION Egan moved, Gustafson sec0nded,:th0: motion to continue indefinitely the Blue Ridge 2h#;.1.i3.3f:ti'oh final plat. All voted in favor. HISTORY COMMITTEE/OLD TOWN HALL/RELOCATION AND RENOVATION Wachter moved, Gustafson seconded, the motion to approve the recommendation of the History Committee as it relates to the relocation and future resto:r%i.tign.:x.Qf:;old town hall building. CLEANUP DAY/MAY.:.fi:, 1989 McCrea moved, Wachter secondeid, the::;motion to designate May 6, 1989, as clean up day in the City bf Eagan. All voted in favor. City Administrator Tom Hedges informed the Council that the builders needed self-contained material containers. DEPARTMENT OF PUBLIC WORKS/NATXR USE RESTRICTIONS Public Works Director Tom Colbert introduced the matter to the Council. He questioned if ti e:........ GW d::be City wide or only City water. He recommended exceptsod and landscaping. Be reported that a City wide ban was easie:r::::to enforce. Egan moved, Wachter seconded, the motion to approve a water use restriction for odd/even days during the months of June, July and August, 1989, excluding private wells. All voted in favor. Page 22/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 066RCIL D15i� lSSION Mayor Ellison requested atf iipd8te regarding the wood pile in Vienna Lane. City Planner Jim Sturm updated the Council. Councilmember McCrea requested an update regarding insurance. City Administrator Tom Hed9e:s:;updated;the matter. :: � > .C@�CRLISTiS: Wachter moved, Gustafson sdconded ;the motion to approve the checklist dated March 31,.,1,.989,:;:: n.. the':: imount of $2,036,954.91 and the checklist dated April::13:0::::1989?jai>>'the amount of $921,574.12. All voted in favor. ADJOURNMENT Upon motion duly made by Egan, seconded by Wachter, the meeting was adjourned at 12:00 a.it4:;All voted in favor. xT:Y OF EAGAN E. J. VanOverbeke, City Cler MINUTES OF A SPECIAL MEETING OF THE CIt:::COf13iLir :April 7, 1989:::':: A special meeting of Ci£*'.i:ouncil was held on Friday, April 7, 1989, at the Eagan Municipal laing. Present were Mayor Ellison, City Councilmembers Egan, Gustafson, lf":::"4,.rea and Wachter. Also present were Director of Public Works Colbert, Director of Community Development Runkle and City Administrator Hedges. PUBLIC WORKS MAINTENAW..E:::Y4CTi iTY>:SPACE NEEDS ANALYSIS City Administrator Hedges Ygported::Ghat monies were budgeted in 1988 to complete a Space Needs Analysis for future facility and land needs to culminate growth within the City's PO4,i'C Work:s:: nd Park Maintenance staff. He introduced Mark Swenson, a consul.taii;: watt}; Cbe;' firm BRW, who was retained to prepare the Space Needs Analys3s:::5:iiQy. '':;MYr::Swenson provided an introduction of the Study, followed by a detailed analysis of space requirements for building type, a set master plan and an office addition. Mr. Swenson spoke to the need for purchasing additional land, stating approximately 5 acres as needed. He further reported that a total capital expense is estimated at $1.9 million. He presented conceptional drawings,.., for the building expansion and a discussion as to how the mechanical and othet:::existing facilities could be retrofitted with the existing building. Concern's,:A4ere:::tkpr-ossed about the projection for new employees relative to population. There':iias:A::desire expressed to purchase the land as soon as possible to examine::::future expansion capabilities by the City. City Councilmember Gustafson sugges:te.d.:;th6C::the'City consider a lease or some other arrangement to secure the pnopeXty:and defer payment. After a number of ''remarks and questions by the City Council, a direction was given to the City Administrator and Director of Public Works to accept the Needs Analysis as prepared by BRW and generally authorizes the first phase of a Feasibility Report to proceed with the phased expansion. PRESENTATIM&EGlkitD190: XTO: OPT -OUT City Administrator Hedges :::gtated:::.#hat the six (6) communities, including Apple Valley, Burnsville, Eag* Prior'.A`Ake, Rosemount and Savage hired the firm of Strgar-Roscoe -Fausch, Inc:;:;:; who :bas now completed a study that considers alternatives for the six (6) communities to opt -out of the MTC bus service. Mr. Peter Fausch and Joe Corin of the firm, Strgar-Roscoe -Fausch, Inc. were introduced and Mr. Corin provided a number of remarks regarding results of the opt -out study. He stated that currently communities in the six (6) Cities pay property taxes in the amount of $2.4 million, when only $1.4 million is required for necessary subsidy. He stated thag:::tlie additional $1 million could be retained and used for expanded bus service':,., thin the six (6) Cities. Mr. Corin did state that the Cities do:;�ot:;ave:;rhe;:boice to have all or any portion of the $1 million returned asic:::CiCed t}':; 4(::further identified needs, such as 1) peak service to downtown, 2j pe.alcservice._to other activity centers, 3) midtown service from downtown and 4) local serv;Ee. Mr. Corin then exjginefj ;pcfik:::::gl force options which provide the following: 1) continue existin rvide:::2}:::gpgnd existing service, 3) revise to trunk/feeder, and 4) addit;i4tiaf local serv;#:ce. He stated that all peak opportunities such as local fined ride or dol'i-ar ride are options the Cities could pursue in future years if:::.they agree tc;::Apt out of the MTC bus service. He further reviewed with the heip,:;df.visual ,16 how park 6 ride sites would be utilized as collection points fo;::(ixh; diaa+tCown bus travel and city transit needs. Mr. Fausch stated that the Cities must consider their opt out choice by July 1 of this calendar. He cautioned the City Council that the first one or two years of service will more...than„likely be..$imilar to the bus service that is provided by the MTC. Mr. FatiSib:::iiYtiAe::::ipd.icated that once the Cities have had an opportunity to organize and deft -i ''their:-: needs inner-city bus service could be developed to meet other transpbifiation:naeds. Mayor Ellison stated that there may be some benefit to Eagan operating it:s:own inner-city bus system and s that should remain as an option aout:Csimmunitj!:;:Development Department further reviews the opt -out alternatives:;::;:;:;;:::'' Upon completing a presentation of various conclusions and recommendations, Mr. Corin stated that all the six (6) Cities would be invited to a joint meeting on May 17, 1989 to further consider the opt -out opportunities. OTHER BUSINESS The City Administrator 'revieiied::the._proposed Board of Review meeting to be scheduled for May 9, stating::that there could be as high as 400 persons similar to the attendance in 198$::; and,..suggested that another location be scheduled to better accommodate tEie::::;Fufjl#t. Members of the City Council expressed their support of pursultij:::�at'location that could better serve each of the residents the May Board :of Review. The City Administrator also updated the City Council on the golf ball incidents that impact properties on Falcon Way adjacent to Carriage Hills Golf Course, the fact the City plans to contract for the farmer to grow soybeans on the 65 acres recently acquired from HUD and reviewed hazardous home removal legislation that would be applicable to the Goins property located at 4010:Mi'c8;:;�=art ADJOURNMENT There being no further busiiieas, tlie:,meeting was adjourned at 9:20 p.m. .... YOaa MINUTES OF A SPECIAL MEETING OF THE B�AQAi1;;Gx�Y:GQuxp�3, ::::lurch 28, :19841::::: A special City Coutielx::;Ppeeting, v'"it''' held on March 28, 1989 in the Eagan Municipal Center building.'::: :gge::freseSnt were Mayor Ellison and City Councilmembers Egan, Gustafson, McCr6b:'::hd'Wachter. Also present were Police Chief Geagan, Fire Chief Southorn, Director of Parks and Recreation Vraa, Director of Finance VanOverbeke, Director of Public Works Colbert, Director of Community Development Runkle, Assistant to the City Administrator Hohenstein, City Attorney Sheldon and City Administratpr.,:H4dges. RIDGEHAVLm:'ADDITIUF Mr. Steve Ramsey appeared';: reque5:Cing final plat approval for Ridgehaven Addition. The City. Admi;rf:kerator::;:.gtated that all agreements and related documents are in order ftJY:CiNy Couq'C:£::::consideration pertaining to the final plat. In a motion by City Councilmember Gustafson, seconded by City Councilmember Wachter, with all members voting in favor, the final plat for Ridgehaven Addition was approved. STRATEGIC PLANNING UPDATE City Administrator':FiiC goals that were identified at the by all members of the City Council emphasis is being placed on greater as the second highest priority. the status of the top six (6) egic planning retreat attended staff. He reported that much s with the residents identified ZONED PROPERTY City Administrator Hedges reviewed the top goal identified at the strategic planning session as the reevaluation of R-4 zoned property to a lesser residential classification. He stated that the Department of Community Development has coordinated ad;of;:b1:R=:3::;6ttd R-4 zoned property and D -III and D -IV comp guided property tifirougfioiiG:::ce::Gty. Kristy Marnin, Planner I, reviewed a map that identifies all multi-family:::zoned and comp guided property that is remaining in the City. Director:d.. Community Development Runkle provided an analysis of certain parcels stating ::Ghat maiiy:ltracks of land have been down zoned as a result of the strong single''£amilj*::market. He also reviewed the history of each parcel to identify special assessment rates, planned development agreements and a review of the present zoning and comprehensive guide plan designation. Mayor Ellison suggested that the staff review each parcel and make a determination as to which R-4 property would::::be best suited as R-1. City Attorney Sheldon spoke to the legal„ p#rameters, suggesting that if the City Council makes a reasonablefitiAi}'gs::lti:::bhange the residential zoning category and if the City contact's 'tire'' TaiiQewrieY' and enlists their cooperation, a down zoning can occur. City Councilmember Egao asked that the staff prepare a set of standards to evaluate each of the parcej$:. Mayor Ellison requested the Department of Community Development to research what the percentage of multiple dwelling units are in other cities suggesting an inventory of density in comparable cities would be helpful for the analysis. Director of Commune-Pvi: jevelup®eitiC;flunkle stated that the analysis should be completed within 90 dgyi. There was:::""" action required on this item. COMFIMITY CENTER UEAATE City Administrator Hed$6e:iTGydetl sn update on the community center project by making a reference to a ti ':'27, 1989 memo in which he identified the most frequent responses as to why the referendum failed. He summarized the comments to be 1) a community center competes with the private sector's health clubs, 2) I would have voted "yes" if the complex would have included an outdoor swimming pool, 3) I would have gotad:Pyv.5."...if•;the. complex did not include an ice facility, 4) I would have voted:::::"ye5':::i::::;tpe, complex had not included a gymnasium, 5) I would have voted "yes" tf :thi' U61lity did not include a swimming complex, 6) the complex was too largeiiiid should be scaled back; however, when asked what should be eliminated, there •Vos generajly no rdsponse, 7) I voted "no" because the debt amortization and.opejtating liiidget were unclear and, finally, the most frequent response was:;:;{j7tct}jigel;ated to the high property tax increases caused by recent school ieferendum'S, expanded county projects and the reapportionment of suburban property tax dollars to greater Minnesota. Director of Parks and Recreation Vraa also provided an update on the community center referendum stating that he has been contacted by several community groups asking for direction on what their alternatives are for various space needs. City Councilmember:Gq ta:fson suggested that the City Council decide on a direction and respond to thel`pub::lsto:::;6bout the community center project. He further commented that regardless: of hoir each. resident voted, the community needs to know what action is intendRd by.,the:::Gity Council relative to a future referendum. City Councilmember %otrea stated that it was obvious to her that a strong no vote is reason to shelve the project for at least a year. City Councilmember Wachter stated that the land and community center concept is a good investment and that the City should wait until the senior high school is operating and then reevaluate the project. City Councilmember Egan stated that possibly the City miscalculated::b.n:::tbe::;C-t:tp's::stzpport for a community center and suggested that the City wait a':pero3:'8:fi:::CiiEe :and address all the issues that were raised by the public. He further:p9mplime ted the plan and architect and agreed with City Councilmember Wachter that the::tity should wait for completion of the high school to determine the impogt that 0e will have on the City's need for certain components of the community''6enter1.'::::Mayor Ellison again expressed his support for the concept of a community center but agreed that the project should be delayed for up to two years. He further stated that the City will continue to grow in population and the need will be greater over the next one to two years. OTHER BUSINESS City Administrator::*""iti4o:: the City Council of various meeting dates and also that Mr."Xiii'TverSorl"iPhd'resides at 1565 Red Cedar Road was the first recipient of the "Cash for Trash'! promotion for the recycling program. There being no approximately 9:40 p.m. Dated meeting was adjourned at City Clerk TLH HAUGE, E//77IyyDE & KELLER, P.A. fillo,neys of Xmv TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 1260 YANKEE DOODLE ROAD EAGAN, MINNESOTA 55123-2201 (612) 456-9000 FAX: (612) 454-4232 March 14, 1989 �Mr. Thomas Hedges City Administrator) Mr. Patrick Geagan Chief of Police Mr. Ken Vraa Director of Parks and Recreation RE: Carriage Hills Golf Course Gentlemen: PAUL H. HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN DEBRA E. SCHMIDT THOMAS P. LOWE I have again turned my attention to the Carriage Hills Golf Course situation. The last action on this was a memorandum by Ken Vraa dated January 12, 1989, discussing the expense and questionable success of constructing a 25 foot high netting along the twelve fairway at Carriage Hills. You will recall that Mr. Vraa estimated the expense to be $8,000 to $13,000.00 to construct this netting fence. Mr. Vraa also questioned whether this fence would meaningful reduce the number of golf balls which would likely cause the property damage or personal injury. I have again reviewed the previous memorandum submitted to you by Mr. James Sheldon and myself, a memorandum by one of our local judges in a case brought by Steven Vogt, and several out of state cases. CONCLUSION Based upon my review, I have the following opinions and recommendations: 1. I continue to believe that there is a substantial likelihood that this case would at least get to a jury. I believe a jury would be offended by the volume of golf balls striking the neighboring landowner's property. Although that I am hopeful that we would be successful, I cannot predict this with any reasonable degree of certainty. 2. This action may serve as a relatively inexpensive way of putting pressure on Carriage Hills to make necessary changes. 3. After reviewing Mr. Vraa's material, I believe that the re- alignment of the twelfth hole fairway may be the only reasonable solution to the problem. W Page 2 March 14, 1989 4. I would recommend, as did Mr. Vraa, the hiring of a consultant who is familiar with trajectory analysis. This individual should be qualified to act as an expert witness on behalf of the City should the City choose to take any action, criminally or civilly, or who may be available to the homeowners in the event that the City chooses to take no action. ANALYSIS to my previous legal memorandum to you dated September 29, 1988, I indicated that there was a legal basis for bringing a prosecution based on permitting a public nuisance. I continue to believe that such an action may be brought. Possible outcomes would be that our action may be dismissed by a judge before trial on the basis that a City cannot prosecute such an action. This would then require the City to appeal in hopes of getting this case tried. Secondly, the trial court could agree that we have the authority to prosecute this case and the case would then go to a jury. Finally, the court could well find that it could not make a preliminary ruling without a factual determination which is the province of the jury. Again, the case would then be tried. I believe that, if we can get before a jury, the jury would be offended by the number of golf balls striking these adjoining properties and may well be willing to convict. Judge Philip Kanning heard a previous case brought by Steven Vogt against Carriage Hills Golf Club and Orion Thompson Homes. The judge found that no cause of action could be brought against Carriage Hills, but sustained a cause of action against Orion Thompson for misrepresentation. I do not believe that this provides all of the landowner's, or even Mr. Vogt, with a complete remedy for this situation. While Judge Kanning performed a thorough review of the issues in his memorandum attached to his decision, I disagree with his conclusion that a golf course has no duty to protect third parties from the actions of its patrons or that when the twelfth hole was constructed, it was not reasonably foreseeable that homes would be built in such a way as to allow golf balls to strike them. As this is a decision of a trial court judge, it may be persuasive, although it is not a legal precedent. Another judge may well decide the case differently under these facts. I have reviewed the case of Curran vs. Green Hills Country Club, a copy of which I am enclosing, where a neighboring property owner was able to get a judgment against the country club after receiving an injury from a golf ball. While this case could easily be distinguished from the Carriage Hills situation because Mr. Curran only used his property at times when he did not believe that golfers would not be on the course, there is a good discussion starting on page 160 where the court holds that a neighboring property owner ,.r 0 - Page 3 March 14, 1989 need not surrender the use of his property during hours when it is possible that golfers may be using the golf course. I have also reviewed the case of Nussbaum vs. Lacopo. In this case, the property owner did not have an action against the country club. This case is easily distinguishable from the Carriage Hills situation because the golf course was constructed in a manner which substantially limited the chance of personal injury or property damage on the plaintiff's property. In fact, the golf ball that struck the plaintiff was the first golf ball believed to have significantly entered onto the plaintiff's property. Cited in Nussbaum, on page 65, is an Ohio case of Patten vs. Westwood Country Club Co. I do not have a copy of this opinion, however, it is discussed in some detail in Nussbaum. It appears that this would be the strongest case against either a property owner or a city having a cause of action to prevent the continued use of the golf course to allow golf balls to repeatedly strike neighboring properties. There is an obvious split between the states as to whether this action would be allowed. There are no precedence in Minnesota as of yet. In our discussions with Carriage Hills Golf Course representatives, it has been clear that they expect the cost of any resolution to be split between themselves, the City, and the neighboring property owners. The proposal of a netting barrier seems to be extremely expensive with an uncertain chance of success. I believe that we need to engage a consultant which will be able to advise the City and the neighboring landowners as to the likelihood that any solution will be cost effective. In addition, it will be essential in any legal proceeding to show that there are reasonable alternatives which shall protect the neighboring landowner's property. In conclusion, I believe that the retaining of such a consultant is the next step which must be accomplished. I would be happy to work with Mr. Vraa in trying to locate such a consultant. If counsel authority is necessary to hire such a consultant, I believe that we should proceed in making such a request. KWE:cm cc: James Sheldon Very truly yours, HAOGELPI DE--& KELLER, P.A. Sevin W. Eide MINUTES OF A SPECIAL MEETING OF THE �rcc�ir:Coti.dyz April 7, 1989:::: A special meeting of't e::Eagan.Cftiy::Council was held on Friday, April 7, 1989, at the Eagan Municipal CmiikeY::>Stiad.ing. Present were Mayor Ellison, City Councilmembers Egan, Gustafson, McCrea and Wachter. Also present were Director of Public Works Colbert, Director of Community Development Runkle and City Administrator Hedges. l�1l�M44111t 114kW 700"CIFU7dA7,%tA4Yd8F17.Ld41;1a 4T3I�OIlh'f,-ICy City Administrator Hedges FgportedtLYiat monies were budgeted in 1988 to complete a Space Needs Analysis ,for future facility and land needs to culminate growth within the City's Public Worke:; nd Park Maintenance staff. He introduced Mark Swenson, a consult.t::w:iL}y:;:Rtie:, firm BRW, who was retained to prepare the Space Needs Analysis .6tu3y. ::::Mi.: --:::'Swenson provided an introduction of the Study, followed by a detailed analysis of space requirements for building type, a set master plan and an office addition. Mr. Swenson spoke to the need for purchasing additional land, stating approximately 5 acres as needed. He further reported that a total capital expense is estimated at $1.9 million. He presented conceptional drawings,,, for the building expansion and a discussion as to how the mechanical and otheF.':ekis.ting facilities could be retrofitted with the existing building. Concerris'::v"ese:::iaxpxessed about the projection for new employees relative to population. The'rii vas:S::desire expressed to purchase the land as soon as possible to examine;.future epaMion capabilities by the City. City Councilmember Gustafson sugges:ted.: thgC:t#City consider a lease or some other arrangement to secure the.pro ®t 3t':'and defer payment. After a number of'''remarks and questions by the City Council, a direction was given to the City Administrator and Director of Public Works to accept the Needs Analysis as prepared by BRW and generally authorizes the first phase of a Feasibility Report to proceed with the phased expansion. PRESENTATIOit:: &EC111tDI 14.:.MT,0.. OFT -OUT City Administrator Hedges::::stated:*#gat the six (6) communities, including Apple Valley, Burnsville, EagPrior.Aake, Rosemount and Savage hired the firm of Strgar-Roscoe -Fausch, Inc;;:;.: who :bias now completed a study that considers alternatives for the six (6) communities to opt -out of the MTC bus service. Mr. Peter Fausch and Joe Corin of the firm, Strgar-Roscoe -Fausch, Inc. were introduced and Mr. Corin provided a number of remarks regarding results of the opt -out study. He stated that currently communities in the six (6) Cities pay property taxes in the amount of $2.4 million, when only $1.4 million is required for necessary subsidy. He stated that:::the additional $1 million could be retained and used for expanded bus service':w:tthin the six (6) Cities. Mr. Corin did state that the Cities dq..:itot::have:;the:.cb9ice to have all or any portion of the $1 million returned as a:tail':::i7�Cad#G:::::::4ie;:further identified needs, such as 1) peak service to downtown, 2)" a.ak service..to other activity centers, 3) midtown service from downtown and 4) local sesv):Ee. Mr. Corin then exp]giiiedk:;:aexuice options which provide the following: 1) continue existing service, 3) revise to trunk/feeder, and 4) additlOfiii 'local sere ce. He stated that all peak opportunities such as local fixed ride or doftar ride are options the Cities could pursue in future years it::::they agree ta::;4pt out of the MTC bus service. He further reviewed with the he1p:::bf,visual .�.I" how park 6 ride sites would be utilized as collection pointe fo :: iS k::: '"POwn bus travel and city transit needs. Mr. Fausch stated that the Cities must consider their opt out choice by July 1 of this calendar. He cautioned the City Council that the first one or two years of service will more...than„likely be.,similar to the bus service that is provided by the HTC. Nr. FailSCl......YCbe. ;::iud: sated that once the Cities have had an opportunity to organize an........ deftneEhe x:::needs, inner-city bus service could be developed to meet other transportation heeds. Mayor Ellison stated that there may be some benefit to Eagan oPeeating it;s:own inher-city bus system and that should remain as an option as_our;.::Csmmunl:ty:bevelopment Department further reviews the opt -out alternatives , Upon completing a presentation of various conclusions and recommendations, Mr. Corin stated that all the six (6) Cities would be invited to a joint meeting on May 17, 1989 to further consider the opt -out opportunities. OTHER BUSINESS The City Administrator reoi'eiiid::the._proposed Board of Review meeting to be scheduled for May 9, stating that there ',could be as high as 400 persons similar to the attendance in 198k:':and,...sugges;ted that another location be scheduled to better accommodate tlia::::;bub:lit':' Members of the City Council expressed their support of purs.,Apg.::thiit location that could better serve each of the residents the May Board:of'.iview. The City Administrator also updated the City Council on the golf ball incidents that impact properties on Falcon Way adjacent to Carriage Hills Golf Course, the 'fact the City plans to contract for the farmer to grow soybeans on the 65 acres recently acquired from HUD and reviewed hazardous home removal legislation that would be applicable to the Goins property located at 4010:M9e:::irefi; ADJOURNMENT :. There being no further business, tbe::meeting was adjourned at 9:20 p.m. Dated City Clerk TLH i MINUTES OF A SPECIAL MEETING OF THE F�OA�1>GxS?t:::CQ�NC... ...,.-)larch 28, :1984::':: A special City Cou;Q- :•: ppeetingX0$5 held on March 28, 1989 in the Eagan Municipal Center building':.,.,..-,...... :lEt:: piCesent were Mayor Ellison and City Councilmembers Egan, Gustafson, Mc' rea:ghd'Wachter. Also present were Police Chief Geagan, Fire Chief Southorn, Director of Parks and Recreation Vraa, Director of Finance VanOverbeke, Director of Public Works Colbert, Director of Community Development Runkle, Assistant to the City Administrator Hohenstein, City Attorney Sheldon and City AdminstratRX..Hedges. RIDGEHA�ADDITZOP Mr. Steve Ramsey appeared:: requesting final plat approval for Ridgehaven Addition. The City. Adm itii:s�rator.:stated that all agreements and related documents are in order Ot;GiGyuF1C:i:1:'consideration pertaining to the final plat. In a motion by City Councilmember Gustafson, seconded by City Councilmember Wachter, with all members voting in favor, the final plat for Ridgehaven Addition was approved. STRATEGIC PLANNING UPDATE City Administrator:'4E04 goals that were identified at the by all members of the City Council emphasis is being placed on greater as the second highest priority. . the status of the top six (6) egic planning retreat attended t staff. He reported that much s with the residents identified 4 ZONED PROPERTY City Administrator Hedges reviewed the top goal identified at the strategic planning session as the reevaluation of R-4 zoned property to a lesser residential classification. He stated that the Department of Community Development has coordinated a study,:.0f:::17i:,R4'3:::Atkd R-4 zoned property and D -III and D -IV comp guided property tlaroiigEioiiG:::tkR::t ty. Kristy Marnin, Planner I, reviewed a map that identifies all multi-.family:;Zoned and comp guided property that is remaining in the City. Director:... Commuaty Development Runkle provided an analysis of certain parcels stating hat mariy:;.tracks of land have been down zoned as a result of the strong single"family.:::'Oarket. He also reviewed the history of each parcel to identify special assessment rates, planned development agreements and a review of the present zoning and comprehensive guide plan designation. Mayor Ellison suggested that the stAff review each parcel and make a determination as to which R-4 property woultl::::be best suited as R-1. City Attorney Sheldon spoke to the legal,..pArameters, suggesting that if the City Council makes a reasonable aet::;O::::fitiGi9txgs::.Gd;;:Change the residential zoning category and if the City contact's 'tife''i'sriEitwiieY''&nd enlists their cooperation, a down zoning can occur. City Councilmember Egan asked that the staff prepare a set of standards to evaluate each of the parcg.;$:. Mayor Ellison requested the Department of Community Development to researchiihat the percentage of multiple dwelling units are in other cities suggesting an inventory of density in comparable cities would be helpful for the analysis. ... Director of Communj-'q.: evelup®ei£$ iunkle stated that the analysis should be completed within 90 dgys: There was:::%W action required on this item. COlDlfRiITY CENTER UPRATE City Administrator Heilg¢s ji'LOYdeI''an update on the community center project by making a reference to a fp'liiiiaty'27, 1989 memo in which he identified the most frequent responses as to why the referendum failed. He summarized the comments to be 1) a community center competes with the private sector's health clubs, 2) I would have voted "yes" if the complex would have included an outdoor swimming pool, 3) I would have vo.teal.."y2.s;"..if.:the. complex did not include an ice facility, 4) I would have voted ^;.*eS^;:i:f::;::e; complex had not included a gymnasium, 5) I would have voted "yes" t,:t,hifac:Slity did not include a swimming complex, 6) the complex was too large'aiid shouT'd be scaled back; however, when asked what should be eliminated, there was generaj;ly no response, 7) I voted "no" because the debt amortization and.opefiaCing,budget were unclear and, finally, the most frequent response was;:;_{�ectl'y:;re$:ated to the high property tax increases caused by recent schoa'l referendum's'; expanded county projects and the reapportionment of suburban property tax dollars to greater Minnesota. Director of Parks and Recreation Vraa also provided an update on the community center referendum stating that he has been contacted by several community groups asking for direction on what their alternatives are for various space needs. City Councilmember:i�kisG'afson suggested that the City Council decide on a direction and respond to the ptati:Y:ic;;baut the community center project. He further commented that regardless: -of h6V;E'Ach.resident voted, the community needs to know what action is intendBd by, the:;U [3r Council relative to a future referendum. City Councilmember McCrea stated that it was obvious to her that a strong no vote is reason to shelve the project for at least a year. City Councilmember Wachter stated that the land and community center concept is a good investment and that the City should wait until the senior high school is operating and then reevaluate the project. City Councilmember Egan stated that possibly the City miscalculated::i6r5::the:Qt:tCy::';s;:si;pport for a community center and suggested that the City wait a'::psrlu3::ti::;Citae::and address all the issues that were raised by the public. He further:epmplimented the plan and architect and agreed with City Councilmember Wachter fhAt the:::C:ity should wait for completion of the high school to determine the imp$C:t thatttfe will have on the City's need for certain components of the community:'Center:.:.:::Mayor Ellison again expressed his support for the concept of a community center but agreed that the project should be delayed for up to two years. He further stated that the City will continue to grow in population and the need will be greater over the next one to two years. OTHER BUSINESS:::::::: CityAdministrator::S :e�tdei#::: the City Council of various meeting dates and also that Mr.`k.0-.v''3v:##edgersori'';A'o''resides at 1565 Red Cedar Road was the first recipient of the "Cash for Trash" promotion for the recycling program. There being no approximately 9:40 p.m. Dated funkier business ''::::the meeting vas adjourned at TLH City Clerk A regular meeting of the Eagan City Council was held on Tuesday, April 18, 1989, at 6:30 p...#' :tlie:fgagop Municipal Center. Present were Mayor Ellison and Couft'C' ei9tiets"W :: hter, Egan, Gustafson and McCrea. Also present were City Ati{[iinist:ator Tom Hedges, Public Works Director Tom Colbert, Community,Pevelopment Director Dale Runkle, City Planner Jim Sturm and City::;F;:ttorn.ey:: James Sheldon. F-TT�;[ Councilmember Wachter requested the addition to the agenda under Department Head Business regarding the oak tree located on the Target property. Wachter moved, GustafsQn:::rqeconded, the motion to approve the agenda as amended. All voteE'in';$dV:9F.�;, April 4. 1989 Councilmem3e�:Egan requested a spelling correction to John Eckblad's name on ;Mage '6, paragraph 1. Wachter moved, Egan seconded, the motion to approve the minutes for the April 4, 1989, regular Council meeting as amended. Ellison, Wachter, Egan and Gustafson voted in favor; McCrea abstained. PUBLIC WORKS DEPARTMENT/1t01'ECxNO. 14 - THOMAS LAKE PARK RESOLUTION SUPP6ATING::$ITE LOCATION City Administrator Tom Bedg6.s explaGned the necessity of the resolution to the Council. Councilmembe' Egan questioned if the property owners had been notified. Public Works Director Tom Colbert stated that all property owners within 350 feet were notified of the neighborhood meeting. Egan moved, Gustafson seconded, tti:Emotion to approve a resolution supporting the site locatiod::of Project 562A (Well No. 14 - Thomas Lake Park) . All vote l: :R::, vpr ::: PUBLIC WORKS DEPARTMENT/GOPHER,,.BAGAN INDUSTRIAL PARK GRADING PERMIT/ESTENDED:::X-OURS AND DAYS City Administrator Tom Hedges informed the Council the contractor was requesting that the hours and days of operation Page 2/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 ... allowed by the ordinance be:.,extended to -allow the work to be performed 24 hours a dayaa�::.occasion-41y on a Sunday. The applicant was available at the meetiifg:;:;o:r:.;queSt:ions. Councilmember Wachter questioned what would happen with the stockpile. Bob Rudy (Shafer Contracting) replied that the material would be returned to the original hole. Egan moved, Gustaf son;::aE q:E i9 tFii, motion to approve a variance to City Code 4.30 for grad£ng `pe ik '. 'EK 13-088, Gopher Eagan Industrial Park, allowing extent* -b hour:a:of operation for a 24 hour schedule and Sundays as weather,..dictate.s, All voted in favor. ;:TTQAR:!PilEE Councilmember Wachter reported that the History Committee requested the Council reconsider the matter. City Administrator Tom Hedges updated the Council on the background of the matter. He stated that MnDOT recommended that the tree not be removed. Councilmember Egan see:f'ed:::.that Mn DOT did not have to approve the removal of the tree andthat a;rget.....Could negotiate with MnDOT. Councilmember McCrea commented. she w.o:uld like the motion to be reconsidered. Mayor Ellison wos in Agreeinent and stated he felt the motion should be rescinded. Egan moved, McCrea sectrnaed, the motion to rescind the April 4, 1989, motion regarding removal of the oak tree on MnDOT right-of-way adjacent to the Target store. All voted in favor. Egan moved, McCrea seconded, the motion to refer the Target oak tree matter to MnDOT with ,no...recgzmp Fc. tion. All voted in favor. GOIHS'FIR$ City Administrator Tom Hedgees intrtzduced the matter. He recommended designating the area:;:a;s hazardous. Councilmember McCrea questioned if the interested parties had been notified. Building Inspector Doug Reid replied yes and commented that the fire had occurred in December, 1988. He further stated that there are other homes that are also in ...bad shape. McCrea supported the recommendation and requested staff:::V:eview the St. Paul ordinance. McCrea moved, Wachter;:0e,canop.:a;:.::,the::motion to order repairs or the removal of the Goin s'rripat:tij:::d; :4#10 Mica Trail due to the June 6, 1988, fire. All voted in favor. Councilmember Egan requested staff:nraft a supplement to City Code in regards to homes which are not up to Code. Page 3/EAGAN CITY COUNCIL April 18, 1989 MEETING MINUTES <CO CALS Councilmember Wachter informed the Council of concerns regarding lawn chemicals and stated residents should be cautioned regarding the hazard. He stated he felt the City should acquire more information regarding the matter. PARK Councilmember McCrea sta were well presented by Ken Vr the Parks Department costs preciated his effort. Councilmember Wachter requested another access to the compost site to improve the circulation. CONSENT AGENDA City Administrator Tom''Htedges::requested that Item C (Proclamation, City of Eagan Arbol:;::D ji:) be pulled from the consent agenda to allow the matter to::::be dis,c,U:ssed. E�VRET03-0 n- 1. Land Development/Design Engineer. Councilmember Wachter questioned if the City needed a new design engineer. Public Works Director Tom Colbert replied yes, that the City presently has a full-time consultant. He stated the plans would be reviewed and requested the matter be conti.nsled:. fo,r.:tw.o weeks to determine the final candidate. It was recommended to contiriue to :the May 2, 1989, City Council meeting the hiring of a candidate;:::&s land development/design engineer for the City of Eagan. 2. Accountant I. City Administrator Tom Hedges informed the Council the candidate was Sue Sheridan. It was recommended to approve the hiring of Sue Sheridan as Accountant I for the City of Eagan, subj:jct to the successful completion of the City's physical examihation requirement. 3.a. Seasonal Utility::A IltieriaiiC¢:>$larker. The Council was informed that Bruce Koopneiners was hired as a seasonal utility maintenance worker. No Council actionwis:required. 3.b. Seasonal Utility Maintenance Worker. It was recommended to approve the hiring of Jeffrey Horsman as a seasonal utility maintenance worker. Page 4/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 4. Seasonal Park WorKor;;:;,It was:::Febommended to approve the hiring of the ten seasonal patit::::ilo-atnance workers as presented, the two seasonal park attendants as''p=esented, the three seasonal ball field attendants as presented and the two seasonal forestry technicians as presented for the Park and Recreation Department. 5. Administrative Inte.rAr;:::S.t.;wd;s::::{.�:commended to accept the resignation of Daniel Mund a.:. ::AgiAX-#trative intern. B. Plumbers Licenses. It was recommended to:,;aPPsateth:.:three plumbing licenses as presented. �JTST4W TV This item to be discussed at the end of the consent agenda. D. It was recommended to receive tbe... petition for Project 566 (Coventry Pass - Trunk Utiliti:�s),..an4r:4iithorize the preparation of a feasibility report and detal::pfis and specifications. Contract ont a 89-06 , -06. R -cd ve Bids/Award Contract (Cliff Road - Booster Pump). Councilmember Wachter asked for an explanation of the difference between the estimate and the final bid. Bob Rosene stated that all equipment had been furnisho'4-::;by It was recommended to receive:the:bids for Contract 89-06 (Cliff Road - Booster Pump) and award tlie: contt0ct to NW Mechanical as the lowest responsible bidder, and aiithorize:;the Mayor and City Clerk to execute all related documents. "' Councilmember Egan commented tbat:the bids in this matter were also below the estimates. It was recommended to'::;tceQe:::Ye::}ids for Contract 88-28 (Fire Station No. 1 - Parking Lot 'Tiuproveineiitgj and award the contract to Munn Blacktop, Inc. as the lowest respo.hzible bidder, and authorize the Mayor and City Clerk to execute all:::selated documents. Page 5/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 It was recommended to rece''i'v"e'" -the bids Pond - Streets and Utilities) and award the Excavating Company, Inc., and authorize the execute all related documents. for Contract 88-34 (Alden contract to Fredrickson Mayor and City Clerk to It was recommended to receive tb6:::f:inal assessment roll for Project 544 (Mallard Park ...: s) and schedule a public .... ..... bearing to be held on May . It was recommended to.....receive the final assessment roll for Project 523 (Stoney Point d..Blackhawk Ponds - Trunk Water Main) and order the final asses=t:::Jo.:bearing to be held on May 15, 1989. It was Project 515 held on May K. recommended (Dodd Road - 151 1989. tdreceivethe final assessment roll for Overlay) and order the public hearing to be It was recommended to receiV69.,:thelinal. assessment roll for Project 530 (Kindercare - Water M%il in) a.h.4 schedule the final : assessment hearing to be held on::.Xa y 15:j:::;1989. ... LqW1V-T-7W—VK;W 4 Wo" =I ";F" 1r. It was recommended to approve the final plat for Alden Ponds Addition and authorize the Mayor and City. Clerk to execute all related documents. M. Project 564s-Receive-Detiti.oli/Authorize Feasibility [tenor It was recommended to receive the::... tition for Project 564 (Rahncliff 2nd Addition - Streets and Water Main) and authorize the preparation of a feasibility report along with detailed plans and specifications. Page 6/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 N. It was recommended to adthdilii the feasibility report for Project 548 (Cliff Road Water Treatment Plant) and to authorize the solicitation for requests for proposals from professional consulting engineering firms for design services. 0. It was recommended Ridge 2nd Addition and all related documents. P. L= Reservoir). to ap author 1 plat for the Blackhawk and City Clerk to execute Councilmember Wachter requested clarification in regard to the matter. Public Works Director Tom Colbert stated that only a change order was before the Coundll:.... It was recommended to apptbve:�:.;Change Order No. ly Contract 88-24 (Lexington Avenue Reservoir) and au-th'o'rize the Mayor and City Clerk to execute all related docume.:t Q. It was recommended to receive the feasibility report for Project 562 (Well No. 14) and authorize the continuation of the project process. R. Proiect 563, Rece No JJU. It was recommended to receive. tbe.:.feasibility report for Project 563 (Well No. 15) and authorize cott4nuation of the project process. Councilmember Wachter asked if there would be any additional charges. Public Works Director Tom Colberit replied yes there would be additional charges for blasting and bail -Ing. It was recommended Order No. If Contract 88-31, (Well No. 12 authorize the Mayor and City Clerk to execute all related docume)its. Page 7/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 It was recommended to appi Contract 87-14 (Country Hollow Equipment) to Smith & Loveless, perpetual City maintenance and ove the second and final payment - Sanitary Sewer Lift Station Inc, and accept the facilities operation. for for It was recommended to autho -ze the seventh and final payment for Contract 87-12 (Lexingta:n:>Sgu&se:St}i Addition - Streets and Utilities) to Richard Rnut:Sot;' Inc;:;:siii3 authorize the acceptance of the improvements for perpetual City maintenance. •g�- c... It was recommended to....authorize the ninth and final payment for Contract 87-17 (Blackhawk 164-d,- Streets) to Preferred Paving, Inc. and authorize the acceptance df:;:;;t1e::;.iTnprovements for perpetual City maintenance. It was for Contract Utilities) t improvements recommended to authorize the seventh and final payment 87-41 (St. Francis Woods 6th Addition - Streets and o F. M. Frattalone and authorize the acceptance of the for perpetual City maintenance. X. Contract 88-19, Fin l:::pwinii t AbCentance (Well No. 5 - Councilmember Wachter questibhed if:the water needed to be tested after the repair. Public B!uiks Ll:iector Tom Colbert stated that the water had been tested after the:repair. It was recommended to authorize the second and final payment for Contract 88-19 (Well No. 5 - Removal and Repair) to Mark Traut Wells, Inc. and authorize the acceptance of the..: improvements for perpetual City maintenance. It was recommended to receive the:Pietition for Project 567 (Effress Addition - Storm Sewer) and authorize the preparation of a feasibility report. Page 8/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 ..... ..... ..... ..... C. Proclamation. City--'.bf Eagan Arbbr pay. Parks and Recreation Vraa introduced the item. He recognized Mr. Iverson. Eric Iverson, President of First Bank Eagan, presented sweatshirts to the Councilmembers. He elaborated on the park programs and stated that posters wo.uld::-be..-di4stz-i.buted. Mayor Ellison thanked First Bank Eagan and Mr. .... ......... It was recommended to apprdVe the":'ri"Lasolution entitled 'Eagan Arbor Festivities* proclaiming $*turdajrr.:: April 29, 1989, as Arbor Day. Gustafson moved, McCrea seconded, the motion to approve the foregoing consent agenda items as presented, and authorize their implementation. All voted in favor. PROJECT 487Rr FINAL ASSESSMENT BOLL (BRAUN COURT - STREETS AND UTILITIES) .......... City Administrator Tom He'dqes':::p"r' :cv.ided background information for the Council. Public Works:':'::Direc , t . or Tom Colbert explained the assessment calculations and djscuss-0-4::,t:he meetings with the neighbors and their objections. Be sta ' t - a ' — tr,e were three areas of overrun - ' 1. storm sewer addition design change; 2. poor subgrade materials; and 3. overhead.:'He presented an alternate assessment roll. Be stated the final costs would be reduced by $10,000.00 and that the overrun would now be at $9FD00.00 with the reduction. He informed the Council there were still two objecting owners. He stated that if the alternative assessment were challenged, he would prefer defending assessment versiA'- 440 bi' "' - Councilmember Wachter commented that the street was settling and asked if repairs would be made. llti Col)b.*rt stated yes and outlined the corrections. Henry Braun objected to the assessments and stated he felt the job was poorly done. He stated he felt there were engineering problems and that no extra grading had been done on the road. He informed the Council be was available for questions. Public Works Director Tom Colbert" estioned the calculations. .0 Mr. Braun reiterated his opject4ons .... ...... Councilmember McCrea 4iveiflbh6d "If the City received what it paid for. Jerry Bourdon responded that':the :the contract was awarded to the lowest bidder. He felt the costs we�'re' comparable and fair and stated that they do measure quantity. there was much discussion regarding the project by Mr. Braun. Page 9/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 Councilmember Wachter':2►ad concerri:s:::regarding the blacktop. Mr. Bourdon responded regarding:q s.,.conc�rd:5. Councilmember Egan questioned what percent was "16.istz:tsr:':is�litting off. Mr. Bourdon replied about 28. Councilmembe't:W •Chier questioned if there would be any problems with dangers. Mr. Bourdon replied no. Councilmember McCrea asked if the contractor was still the lowest bidder with the cost overruns. Mr. Colbert replied yes. Leonard Walz commented::::tEYat::t� e::a4ieement was legally binding. He felt the cement was too expensive. HO::further commented that the depression in the tar was dangerous and"he had concerns regarding other construction problems. Wayne Cordes commente7::te>thoujA? .:the contract limited the costs. He remarked that nobody explained the overrun possibility and felt that the overhead should be reduced further. Mayor Ellison asked if the work had been done well and if the changes would be made without cost. Mr. Colbert replied that the corrections would be made 4t:::no cost. Councilmember Egan stressed that he was unhappy with ttie::: ocedures and the mistakes. He felt the project should not have been He pointed out that the City pliE had made a very reasonable evil-uatio'h',of. ::; the cost distribution. He felt that all of the taxpayers?::shoul;d: tltir be made to assume all of the costs. Councilmember Wachter:einphasized that the road was in bad shape and he commented he understood the neighbors' concerns. Public Works Director Tom Colbert reported that $1,500.00 of the $10,000.00 was from the engineering firm. Mayor Ellison questidried i:f fli, .:: i�ricil should recommend Assessment No. 1 or Assessment No::2. City Attorney James Sheldon informed the Council that their de:termii##tion should not be made under threat of legal action button the::basis of benefit only. Mr. Colbert explained the rationale and also:::the options. Egan moved, Gustafson seconded, the motion to close the public hearing and reduce by $10,000.00 the final assessment roll for Project 487R (Braun Court - Streets and Utilities) and authorize its certification to the County for collect��n. Ellison, Wachter, Gustafson and Egan voted in favor; McCr:ea.voted against. Mayor Ellison stated fie:::p>!fer#:::tie original assessment roll without modification. Councilmember Egan commented that the City should assume their portion of the costs and felt that the het result of the original assessment roll would be detrimental. Page 10/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 Ellison moved, McCrea'.:�s8econded, cue motion to amend the previous motion to approve the finale:$:sssrnt€is roll as presented for Project 487R (Braun Court - Streets aa:;ti:3ties) and authorize its certification to the County for collection. McCrea and Ellison voted in favor; Wachter, Gustafson and Egan voted against. VACATE PUBLIC ACCESS EASEMENTS OUTLOT A:::.::EAie:ii#?OD$::OFFICE PARK .........., .,,...... City Administrator Tom Bedge:s rev:.gWed the matter for the Council. Wachter moved, Gustaf;so:n;:seeGnde:tl;:the motion to close the public hearing and approve the vac8:ori of a public access easement within Outlot A of Eagan Woods Office Park. All voted in favor. SPECIAL ASSESSMENTS/METRAM PROPERTIES/SILVER BELL CENTER City Administrator Tom_Bedges presented the background information to the Council::+Agdding the matter. Dale Ahlquist (representd financial obligation condition condition was previously made;: a mistake from the 1970 pr:o.j:eE unfair. He commented that:the the storm sewer. He commented was opposed to the assessment. Ve'':f:ar applicant) objected to the He stated that no mention of the e:::;fpri)iei stated he understood it was and 'he felt the assessment was plicant would receive no benefit from at he was confused and the applicant City Administrator Tom Hedges explained the assessment policy and commented that staff was ... c.ur.Kegtly. reviewing the policy. Councilmember Egan reported; -t at"the report did not indicate if procedural safeguards were follow¢.]. Public Works Director Tom Colbert replied that either the Assessment was not at the correct rate or the size was under-estimdtied. He::f urther explained the procedure. McCrea moved, Egan seconded, the motion to deny an additional condition to the Metram Properties Company motor fuel sales conditional use permit requiring a financial obligation of $10,611.00 for storm sewer trunk, which had previauSly been assessed incorrectly. All voted in favor. Councilmember Gustafsai:;XeuE:a::t#iiat the City should not collect as a condition. Mayor Ellison commented he felt staff should be more judicious. Egan moved, Wachter seconde'dr—the motion to continue the matter until later in the meeting. All voted in favor. DANIEL DRIVE AND LEXINGTON POINTE PARKWAY RECONSIDER::ALIGHRENT.-OF TRAILWAY City Administrator Tom Hed9o.:0 intk.b.duced the matter. David Ashton (representativ.i:':for the neighborhood) gave a brief history of the area. He stated-:,:th6:t tb'e::bike trail intersected driveways and be bad safet�:::'Oo-iider:ii-s::Bt further commented that the neighborhood had changed and pointed .. out that across the street there were no driveways. Councilmember Gustafson questioned if the alternative was to place the bikes on the street. Councilmember McCrea questioned the ownership of the land to th.6--north. Public Works Director Tom Colbert stated it was HUD proper ty"446:::Iwib--uld be sold. Mr. Colbert pointed out the area to the Council. McCre'a'g ared:::Gustafsonls concerns and commented she did not want the':'bikes ...in....t.he streets. She questioned if the trail could be located :�:.Qn tb*�:.,other side of the street. Mr. ':' Colbert replied there were t"444ways on the other side but that the front yards would give.466to"benefit. Councilmember Egan questioned if there were any engineering problems with the other side of the street. Mr. Colbert stated he did not believe so but he would check into the matter. Councilmember Wachter annou concerns even if the street. Councilmember Gustafson issue and asked if the neighbors Mr. Ashton stated be felt it was Mayor Ellison asked for a stili Ashton stated there would be three street. d he would still have safety 6:&.t-Q":.:the other side of the i t ti, t tiid if safety was the only d co$$Verns regarding aesthetics. fact:'or but not a primary one. of.h&nds of the neighbors. Mr. 'no's" on the other side of the Councilmember Gustafson requested the staff review the matter and suggested looking into moving the t*�4.41 to the other side of the street for aesthetic and safety reasons..... Gustafson moved, McCrOd'...46 - . g..th ...e motion to continue to the l May 15, 1989, City Council"Meet' hg the ignment to the trailway along Lexington Pointe Parkway and Dani -01: Drive, to allow staff to further review the matter. All voted in'::::f:avor. Councilmember Egan questioned if in rezoning there had been a change of criteria for trails. City Planner Jim Sturm replied no. Page 12/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 ........... .... ..... ..... Egan questioned who Would::&y the cost:sc City Administrator Tom Hedges stated that the deve1::'O.pe.r would-:::probably pay the costs. Mayor Ellison pointed out thatplan should be interconnected and further cob .. ei'ifttwd- that the plan was in effect before the homes were built. Councilmember McCrea requested that the Park and Recreation Department examine the placement of the trailways. DECLARE SURPLUA::': 9TVSZT AUCTION DATE ....... :. .0000 .......... City Administrator Tom Hedyiks introduced the matter and distributed a list of additional::-:surpl:u-.s:property to the Council. Wachter moved, Egan gmo t ion to approve the ikw,''066�i declaration of certain City 'property' and police evidence as surplus and authorized the sale and auction on June 3# 1989; with the exception of those items that will be sold through a published ad in the League of Minnesota Cities magazine. Wachter, Gustafson, Ellison and Egan voted in favor; McCrea was absent. "a City Planner Jim Sturm Council. Denise Warfield was FROST YARD SETBACK ri - 2'dd.the application for the lau. :'f'or questions. Councilmember Egan sta.t'64hisaw no justification for the variance as the garage WoUd''be ten feet in front and that the house could fit on the lot. Mayor Ellison commented that there was a need for a hardship to approve a variance. Councilmember Gustafson asked why the adjoining lot had received a variance. City Planner Jim Sturm responded it was because of the slopes. Egan moved, McCrea secon:de' T::::thd:::t6:tion to deny the ten foot variance to the 30 foot front yard setback to allow the construction of a home and attached garage iri:.':�ot 4i:::::]Block 2, LeMay Lake Bills Addition as applied for by Bobby::::.#'nd De'.b'ise Warfield. All voted in favor. .... PRELIMINARY PLAT/KINGSWOOD 3RD ADDITION City Administrator Tom Hedges updated the Council regarding the matter and stated that the Advisory Plo.jNning Commission recommended approval of the preliminary plat and t4 ' ii':,variance. City Planner Jim Sturm recommended eliminatio ibility of the outlots becoming tax forfeitures. Rolly Crawford (attorney for deve..l.:aPer) explained the development to the Council and stated'tbkt the variance was for the cul-de-sac because of the ponding area., -Be agreed to all APC conditions. He pointed out that only two issues remained - 1. treatment of the Bank Brewstel (adjoining landowner) assessment; and Page 13/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 2. the outlot problem. In"-"'ards to number 1., Mr. Crawford stated Pg that he felt the cost of thi..road shod -4 be distributed to the benefited property, howevM ;ibrne would assume the cost of the entire roadway with a covetiaiit::�3e:riying access unless Mr. Horne was reimbursed. In regards to n=i' i"' r 2., Mr. Crawford stated that all outlots should be put into the Homeowners' Association control. He pointed out that there would be minimal or no maintenance needed. He informed the Council he was available for their questions. Councilmember Wachter :h az7 giieGtfbYj:g: the northern lots. Mayor Ellison:;t4uestiq! Works Director Tom Colbert state.4,that„th before the development could pr.O�ed. City would not be liable Jim Sheldon stated that ttie::a:greeme:iit:::ssho Mr. Crawford mentioned that the developer without covenants. regarding the location of ed the past practice. Public e roadway must be available Crawford commented that the sn't granted. City Attorney uld not involve the City. did not want to pay 1008 Bank Brewstel reported that he had no problem with the covenant agreement. He had concerns.,regarding the retaining wall. He felt it was a good plan but requeii4'�i::;:a. safety rail. Councilmember Egan questione6:1!i0:City's position on the road connection. Mr. Colbert stated:it was totally a local street. Mayor Ellison had con ce.r;ris::aa'ri]ing the outlots. Mr. Crawford again recommended control:e'Bomeowners' Association. He observed that even if the land was forfeited, it would not be a major liability for the City. He commented that to attach the outlot to a single lot would make it unsalable. Mr. Colbert pointed out that outlots on cul-de-sacs could be right-of-ways. He stated that if they were not maintained, the City. coul..d_r.emove the outlots and blacktop. City Planner Jim Stui'in Yecommended"bringing the street up to the MnDOT property line. Mr. Crawford>:point0d out that the present layout allowed the grading and planting ::Be stated the developer was willing to work with staff and was also Walling:: -o have a condition that the preliminary plat approval be subject to<:he outlot resolution. Mr. Sheldon informed the Council that the outlot problem could be attached and at a later time amended by negotiation. Councilmember Egan agreed and stated he felt the cul -u -sac islands should be a right-of-way. Egan moved, McCrea segonded►:;;;th.e:;motion to approve a preliminary plat consisting of forty-siR::#:tigl:e::tiig3y lots on 28.0 acres located along the west side of Pilot' knob t bad in the southeast quarter of Section 16 and the northeast quarter of:::Section 211 as requested by Horne Development, subject to the follov+:ing conditions: Page 14/EAGAN CITY COUNCIL NEET.Inq .. MINQ.TES April 18, 1989 1. These standard cob tions A of .;P�.Xikt approval as adopted by Council action on Septembef' :ihall In complied with: Al, Bl, :� B2r B3r B4F Cl, C2j C3F C5p and GI. 2. The outlot adjoining 35E shall be attached to the adjoining lots and potential tax forfeiture issues shall be resolved prior to the final plat submission concerning the. outlots and cul-de-sac islands shall be included .. ... . .... .......... 3. The development will be::. riquirii:d . :to submit detailed plans and specifications for the proposed..:r.etaining walls (including a safety railing) construction for s.t.a.f.f.::::O:::.revi.O.W.:'and approval. 4. All slope areas ar . e . 'ieq ui r'e'd:::. to be 3-1 or less. All voted in favor. McCrea moved, Gustafson seconded, the motion to approve a variance to the 500 foot requirement for a cul-de-sac in regard to the Kingswood 3rd Addition'. y::":::a:s':':::r-e.q.uesteo by Borne Development. All voted in favor. PRELINIMARY PLAT/EAGAN.-.-CO."ER 3RD ADDITION City Administrator TOM::-# .' e.d ......get briefed the Council on the matter. Randy Peterson (New Horizon) and John Camp (Tri -Land) attended the meeting and were available for questions. Councilmember Egan expressed concern regarding the large outlot. Brad Swenson replied that :.r: : :tbe:.:plat.tin9:-:was for bookkeeping purposes. Egan asked why there was a . rg: . e. : :.,de - velopment. Mr. Swenson stated they were following the overall pian. ... Public Works Director Tom Colbert questioned the need fort.v.'o outl.':06ts. Mr. Swenson replied they were setting up boundaries for the'.:cbur"' Councilmember Egan requested an interpretation t . 6rpretation of the CPD ordinance. City Attorney Jim Sheldon responded that if two of the criteria of the ordinance were met, the development was ok. Gustafson moved, Wachter seconded, -:-Abe motion to approve a preliminary plat for Eagan Center 3rd i44ition consisting of one lot and three outlots on 32.21 Planned Devei'6pment - Community Shopping Center zoned acres located::*a-ft§ . ...... side of Lexington Avenue, south of Kensington Trail northeast quarter of Section 26, as requested by Tri -Land Pa.rt.nershipp subject to the following conditions: 1. These standard conditions of plat ap roval as adopted by Council action on September 15, 1987, shall E: complied with: Al, Bl, B2, B3, Cl, C2r C3F C4l C5p DIr EIr Fl, and GI. 3. The development is required to provide sewer and water service to the northerly adjacent property, 4. The development L ia:::;.*q!#Fxd,:-:t-v.::-:provide a black chainlink . . fence or other limited 5. The parcel is within tho�..Lexingt - on South Planned Development and subject to a cash obligation::.:,: ..... zlccoro*hg to a subsequent Planned Development Agreement. 6. The development is responsible for the placement of a six foot concrete sidewalk along Lexington Pointe Parkway and an eight bituminous trail along Lexington Avenue. All voted in favor. Gustafson moved, Wacbt6r:::: #Oqnded, the motion to approve a conditional use permit for a day'6 re:::1acility in a Community Shopping Center district in Eagan Center 3rd A'4c.#tion, located along the east side of Lexington Avenue, south.of-;-4i�6Uhgton Trail (extended) in the .:::: :- ':- " northwest quarter of Section.., 2j,as requested by Tri -Land Partnership. All voted in todr. EAGAN/MENDOTA HEIGHTS AIR TRAFFIC CORRIDOR City Administrator Tom Hedges summarized the matter for the Council. Walter Rockenstein presehtLidh:ii�'teivommendation and alternatives for a resolution of the issue. He'.::::distributed a handout and introduced the airport personnel::40id MXC::rtaff. He summarized the following items: 1. FAA procedures for runways; 2. Alternatives to the present flight, paths; 3. Diagram of what a controller vl*litiis; 4. How controllers control. -the. --ai-r-,space; 5. Separation criteria for runways,... 6. Review of actual flight tracts:::And 7. The four alternatives (which he presented and detailed). Page 16/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 Bill Skarre asked how:::khe centev�� ... int related to the commercial ... Po corridor. Mr. Rockenstein...:;#¢ commercial corridor. ........... Doug Powers (Air Traffic"i"'hiag' e :' r) explained the rationale for various runway headings. He pointed out that the wind had been taken into consideration. Mayor Ellison commented: -he... -felt the. only Option was the one in the middle. Mr. Roc ken st the FAA would not accept any of the alternatives. Mayor Edlison:1:4u:ggested a workshop to discuss the alternative. City A&.inirtra'tor Tom Hedges pointed out that the Eagan Land Use was impoitant.4iW that the Met Council should be involved in the alternative. Bbbenstein stated that the .. solution should deal with "' ' : - .. 0 -:Met :C-biantil contours. He further reviewed the history of this situation. Mayor Ellison thanked Mr. Rockenstein for attending the meeting and presenting the matter to the Council. COMPREHENSIVE GUIDE PLAN ARENDMENT/REZORIRG/PRELIKINARY PLAT/ CONDITIONAL 0i9.8::::PZRMIT - SODERHOLM ADDITION CITY OF EAGAN/LEXII SOUTHWEST PLANNED DEVELOPMENT/ ::SECTION 23 City Administrator Tom...N0..:9jRs:,-,r'dviewed the background information and explained t.he::: for the resubmittal of the plan. Dale Heines (developer) recapped the changes for the Council. He presented the petition to the Council and stated that the development had the neighborhood support. He described the access and commented there was not opposition Diffley. City Planner Jim Sturm pointed out::::.that there was full access at the present time, but it would ba::::A' righi-in/right-out in the future. Councilmember McCrea asked f:6" -r the '::A� . raffic count figures. Ray Connolly replied there would be between 12,000 and 14?000 when the area was fully developed. Mr. Reines stated there were two legal accesses at the present time and that two would be closed, wbict'.::Vould provide for one access in a better location. He reported that :t e county had already approved the matter. McCr e 4..que st�ione.d-.-.elimina tin g the Diffley .......... access. The developer commd ' I . iv'k'A1::*'hat.:: . . proposed uses could not . sufficiently be serviced. was quite light. McCrea questioned if the traffic circula-Ion would work without the Diffley access. City Planner Jim Sturm 'stated yes. Mayor Ellison asked why the internal access did not connect across. The developer commented that it was planned for in phase two. He further stated that the cut on Diffley was crucial for the bank and that Soderholm Page 17/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 favored connecting Lexington and Lexington Way. Councilmember Egan questioned why the buildinp:-. should ba::.Connected. The developer commented it would improve f ic and the parking situation. Be informed the had worked hard with the consulting engineer. Councilmember Gustafson asked the developer what agreement was reached with the County. The developer replied that the County agreed with the Diffley cut. Gustag.:0#4;:ipa that since the County Board approved the plan, hei::4i's"::'�.46; . nin'g'.-:-`toward agreeing with the County. Councilmember Egan disa6ised a60�:stated that just because the residential use has an access, it.doesj)"t' mean the same for this development. Councilmember McCria:�;Asked ' �;:.If the neighbors favored townhomes. The developer re.pl:106 no-.- .0 '' cumember Wachter commented - -.0''Uh he did not see a reason to':Uiihge lb-�eii ' :C-omprehensive Guide Plan. Mayor Ellison stated that the parcel would not work well with multiple dwellings and pointed out that Limited Business was lower density. Councilmember Gustafson agreed. Councilmember Egan stated the Council should not consider the matter without a major chohl .N.ap d that the Advisory Planning � : Commission should have poin"6:;o4Be felt the area has an excess of retail business and that most site had undesignated Limited Business. Be pointed out that7::the Cojnppehensive Guide Plan showed Multi Dwelling. Be was and stated that the access problems continue. Be sugge,at�O- thit the reasons for the denial had not changed. City Attorney Jim Sheldon explained that staff should prepare a resolution stating the reasons for the denial. Egan moved, Wachter seconde,d,,. the..motion to deny 1) a Comprehensive Guide Plan M to Limited Business, 2) rezoning of 7.89 acres PD A -m4 a preliminary plat entitled Soderholm Addition and 4:).:::a conditional use permit for a pylon sign, for the following reasons: ons: 1. There was no material change fr3bffi the last proposal. 2. The retail study shows an excess of retail land across the street which is properly zoned but not developing. -':,':':,":: difficult zone in the City. 3. Limited Business use is the mo� 4. The Comprehensive'D-I uses as a recent designation and should ercial. McCrea, Wachter, and Egafi::*o't-*d in favor, Ellison and Gustafson voted against. Egan moved, Wachter seconded, the motion to refer back to the Advisory Planning Commission-for.f.urthe .,X. consideration the � Comprehensive Guide Plan A'ieR'.;d'z"'0' . .. ....4ezoning of 1.5 Multiple acres ... within the Lexington South*Pia''n-q-"e:a bev:ei : opment to Limited Business, located north of Diffley Road af"A:along ::::the west side of Lexington Avenue in the southwest quarter -:;Of Sectl'on 23. Wachter, Ellison and Egan voted in favor; McCreA..an ;�:6"taf'6n voted against. Councilmember McCrea 'pointed o . tit'she felt it was a good site for townhomes. PRELIMINARY PLAT/EAGAN WOODS OFFICE PARK II City Planner Jim Stukik::-introdu pointed out that a 60 foot4:400_y. the addition of a proposed c0iiat-16 required to provide the City with a parking• ced the matter to the Council and would be required. Be suggested is:;:ztatinq that the developer was `tecordable document regarding the Linda Fisher (attorney.-I...t.dViewed the staff report and concurred with all of the conditions::;'by the staff and the Advisory Planning Commission. She informed the Council she was available for questions. City Attorney Jim Sheldon requested a correction to proposed condition number 10 in which it should state that any development of the outlot must be review64:..:t),y::th4::::A4v:l$.ory Planning Commission and approved by the City Counci"1':p'r"i6t::t:6::diiivelopment. McCrea moved, Gustafson sec0hdedr:the motion to approve a preliminary plat consisting of oh'a' lot.1:0'r one office building and an outlot for future development on: 5.9 P"3,hnned Development district acres and a variance for the building setback, located in the southwest corner of Pilot Knob Road and 1-494 in the northeast quarter of Section 4, as requested by Trammel Crowe Company for the Eagan Woods Office Park 11, subject to the following conditions: 1. These standard conditions of pl-At approval as adopted by Council action on September be complied with: Al, B1, B2r B3, B4r Cl, C2r C3, C41'... and G.1. 2. All conditions within the Eagan:::'.Woods Planned Development shall be adhered to. 3 . 209 parking stalls shall be provided. If a shortage does occur, additional parking will be created on adjacent property. Page 19/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 4. All trash shall be.':::-.,'c'ontained V.- thin the building. 5. Rooftop mechanical e`9-.'# -'":....'a all not be visible from I-494 or Pilot Knob Road. 6. The building setback variance shall be approved as per the site plan. 7. Accouetical treatmf::rp�1:#�e:gzovided within the building in order to minimize any noise i�p:pacts:l om planes overhead or traffic along I-494 and Pilot Knob Road B. The developer is requi.;ea.t.o.,.;su*it detail plans and specifications of the proppS. ::reta�ii ng wall construction as a part of the site plan review for staff review and approval. 9. The development is required to install street lighting. 10. Any development of the outlot must be reviewed by the Advisory Planning Commissiii;:;and approved by the City Council prior to development. All voted in favor. COMPREBENSIVE GUIDE PLAN.; Mman'DIISN'1'%REZONING/PRELIMINARY PLAT/ CONDITIONAL USE PA'Al.f.:.- RASMUSSEN COLLEGE SYSTEM City Administrator Tom Bedges briefed the Council regarding the matter and stated that the Advisory Planning Commission recommended approval of all four applications. Bob Nimitz (Rasmussen t:6,bi a .' .. iv;$) was present at the meeting and available for questions:' Councilmember McCrea questioied if::.there was a sufficient amount of parking stalls. Mr. Nimitz resanded;:tihere was sufficient parking stalls. McCrea requested the demographi�t:of the students and asked if greenery could be added to the lot. Mr. Nimitz stated that they have not had any litter problems and pointed out that there was substantial landscaping in the plans. McCrea questioned if other sites for the College had been examined. The developer stated yes. Councilmember Egan questioned the amount.::::of the required parking. City Planner Jim Sturm replied about 166::::.Mayor Ellison asked if the developer had any desire for,.,JR,pans.i,.o:n.:.•.;.The developer commented no, that 300 was the maximum. City Planner Jim Sturm reported to:>:tibe Council that the cross -easement would be required with Otit3ot A because of the lining up of the access with apartments to the west. Be stated there was a need for flexibility. Page 20/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 McCrea moved, Gustaf sozs::;aeconde.cT::::the motion to approve a Comprehensive Guide PlanamErieiieiit::::ckinging the land use designation from D -Iii (Mixed Residential:r": -32'.units per acre) to LB (Limited Business), for the Rasmussen College Campus. All voted in favor. McCrea moved, Wachter seconded, the motion to approve the rezoning of 8.52 R-4 (Multi:p7:e::::AQBiden tial) acres to an LB (Limited Business) district for0_.-lege Campus. All voted in favor. McCrea moved, Wachter secoridod, t:40.:, motion to approve a preliminary plat con sistin.gaf:cf,..1.o.t.;::ad one outlot located along the east side of Federal Dti t-ve > sout�?:i:of Washington Drive, in the northeast quarter of Sectibn 16, as"requested by Rasmussen College System for the Rasmussen College Campus, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on Septembiivl5J 1987, shall be complied with: Al. B1, B2, C1, C2, C4, Dl, El, dit#::;�:1,,._ 2. The City will require::::a cro58-easement with Outlot A. 3. The mechanical equipm nt :sii:ill not be visible from the street. 4. The trash enclosure shall consist of the same material as the building. 5. The ground sign shall meet all Code size and height requirements and all signsge:::$)#::::be;'stibject to the one time sign fee of $2.50 per square fc'd 6. The development is required to:spbmit detailed plans and specifications for the proposed rexaini Ij wall construction for City staff review and approval as a part of :the technical plat review. 7. Slope easements are required from adjacent properties where grading extends beyond the development boundaries. 8. Entrance to the site is requiroia:ito be opposite the existing entrance on the west side of Federal Drive. 9. The development is rei U)0d':':-t '' ovide irrigation for the landscaping. All voted in favor. McCrea moved, Egan seconded the motion to approve a conditional use permit to allow a private sc6ol in a Limited Business district Page 21/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 located along the east side::: -of Federa�:;;:.Drive, south of Washington Drive, in the northeast qual[ter of Seet:ion 16, as requested by Rasmussen College System for: tJe:::fi Essen College Campus. All voted in favor. DNR CITIZEN TASK FORCE Councilmember Wachter informed the Council that Orville McCullough was also intere:stett::ko:erve::as a member of the task force. Wachter moved, Egan seconded.-, the..:motion to designate Orville McCullough to serve on the DNR.;:ta.kk fRLee to evaluate and develop a long range deer management p agraiR :or::::the Fort Snelling State Park, Minnesota Valley National Wildlife refuge and adjacent deer concentration areas. All voted in favor. Councilmember McCrea stated she felt a notice should be placed in the newspapers. Councilmember Egan stated the matter should return before the Council in the :f:ut.ure. FINAL PLAT/k;6t.V.NE.2ND ADDITION Egan moved, Gustafson seeonded,;:::::th0::motion to continue indefinitely the Blue Ridge 2rici:_Xd3ition final plat. All voted in favor. HISTORY COMMITTEE/OLD TOWN HALL/RELOCATION AND RENOVATION Wachter moved, Gustafson seconded, the motion to approve the recommendation of the History Committee as it relates to the relocation and future rest:9:ra:ton.:::of;:::tl3e:;old town hall building. CLEAN OP DAY/MAY.;.§:r 1989 McCrea moved, Wachter secondee, th;e:;;motion to designate May 6, 1989, as clean up day in the City bf Eagan. All voted in favor. City Administrator Tom Hedges informed the Council that the builders needed self-contained material containers. DEPARTMENT OF PUBLIC WORKS/NA R USE RESTRICTIONS Public Works Director Tom Colbert"litroduced the matter to the Council. He questioned if tie::kiii::sr01Ua:be City wide or only City water. Be recommended except£das frit iievi'sod and landscaping. Be reported that a City wide ban was easie;r::::to enforce. Egan moved, Wachter seconded, the 'm6tion to approve a water use restriction for odd/even days during the months of June, July and August, 1989, excluding private wells. All voted in favor. Page 22/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 COUNCIL DIS .diSION Mayor Ellison requested ai::upddte regarding the wood pile in Vienna Lane. City Planner Jim Sturm updated the Council. Councilmember McCrea requested an update regarding insurance. City Administrator Tom Sed9es:;Update,.d the matter. ... CHSClU,ISTS: Wachter moved, Gustafson soconded :the motion to approve the checklist dated March 31, .,1:9.89:::n..the:;amount of $2,036,954.91 and the checklist dated April:;]:`8:::1989;�i: the amount of $921,574.12. All voted in favor. ADJOURNMENT Upon motion duly made by Egan, seconded by Wachter, the meeting was adjourned at 12:00 a.m::All voted in favor. GxT:Y OF EAGAN E. J. VanOverbeke, City Clerk _1 "THE MORNING AFTER" May 2, 1989 "The Morning After" is an extremely brief report of the action that was taken by the Eagan City Council at a regular meeting held on May 2, 1989. There are no details reported in this account; however, the action taken by the City Council on each of the agenda items and each of the other business items is reflected. DEPARTMENT HEAD BUSINESS A. FIRE DEPARTMENT 1. Maynard Klang's retirement from the Eagan Fire Department after 2T years of service was recognized by Chief Southorn and Mayor Ellison, on behalf of the City Council. 41?2& 2. Acquisition of the emergency stand-by generator in the amount of $54,759 to Bill Richmond Electric was continued until the June 6 meeting. CONSENT AGENDA J2L3. John Wingard was approved as Land Development/Design Engineer for the City upon completion of the City's physical examination requirement. 1—C 4. Kelly Blommel and Richard Francois were approved as Utility Maintenance Workers for the City upon completion of the City's physical examination requirement. JJ�M-r 5. The resignation of Mel Bailey, an intern with the Park & Recreation Department, was accepted. 6. The appointments of John Stevenson, Richard Swanson and Gerald Meszaros as Lieutenants in the Eagan Police Department were approved. 7. The hiring of a candidate yet to be named as Planner I for the City of Eagan was approved subject to completion of the City's physical examination requirement. 8. The hiring of Stan Lexvold as Senior Engineering Tech/Supervisor (Construction) for the City of Eagan was approved subject to completion of the City's physical examination requirement. 9. The hiring of a candidate yet to be named as Administrative Intern for the City of Eagan was approved. 10. The hiring of the following seasonal workers was approved: Seasonal Street Maintenance Workers --Ben Anderson, David Chavez, 16. Approval was given to the apparent low bidder for Contract 89-12 and the contract was awarded to Finley Brothers Enterprises, subject to review and approval by School District #196. Authorization was given to the Mayor and City Clerk to execute all related documents. 17. Approval was given to receive the bids for Contract 88-26 (Daniel Drive - Streets and Utilities), and the contract was awarded to Imperial Developers. Authorization was give to the Mayor and City Clerk to execute all related documents. 18. Approval was given to receive the bids for Contract 89-07 (Well #14), and the contract was awarded to E. H. Renner 6 Sons. Authorization was given to the Mayor and City Clerk to execute all related documents. 19. Approval was given to receive the bids for Contract 89-10 (Well #15), and the contract was awarded to Layne, MN. Authorization was given to the Mayor and City Clerk to execute all related documents. 20. The Feasibility Report for Project 561 (Sterns Addition -Streets and Utilities) was presented, and a public hearing was scheduled for June 6, 1989. 21. The final assessment roll for Project 520 (Manor Lake -Trunk Utilities) was received, and the final assessment hearing scheduled for June 6, 1989. 22. The report for Project 565 (Water Treatment Plant Dehumidification) was received and authorization was given to prepare detailed plans 6 specifications and bid solicitation. 23. The petition for Project 568 (Autumn Ridge - Storm Sewer) was received and authorization was given to prepare a feasibility report. Michael Griswold, Robert Judge and Jeffrey Kadlec. Seasonal Central Services Maintenance --Timothy Troje Seasonal Tree Inventory Technician --Darren Wennen T�� C ..L 11. The resignation of Frank Lamberger as Street/Engineer Maintenance Worker with the City of Eagan was approved. 12. Authorization was given to recruit the position of Street/Equipment Maintenance Worker. /+ 6 13. The plumbers licenses were approved for Bowler Company, Burnsville Electrict/Mechanical, Gilbert Mechanical, Heritage Plumbing, North Star Plumbing 6 Heating and Stant Plumbing & Heating. //11 �r14. Authorization was given to correct the official minutes of a regular City Council meeting for December 10, 1974 by changing Lot 1 to Lot 6 in the Kenneth Hassler Blackhawk Acres official transcript. /�11 l.]� 15. Approval was given to Eugene Winstead for three (3) amusement devices at J. Doolittle's restaurant. 16. Approval was given to the apparent low bidder for Contract 89-12 and the contract was awarded to Finley Brothers Enterprises, subject to review and approval by School District #196. Authorization was given to the Mayor and City Clerk to execute all related documents. 17. Approval was given to receive the bids for Contract 88-26 (Daniel Drive - Streets and Utilities), and the contract was awarded to Imperial Developers. Authorization was give to the Mayor and City Clerk to execute all related documents. 18. Approval was given to receive the bids for Contract 89-07 (Well #14), and the contract was awarded to E. H. Renner 6 Sons. Authorization was given to the Mayor and City Clerk to execute all related documents. 19. Approval was given to receive the bids for Contract 89-10 (Well #15), and the contract was awarded to Layne, MN. Authorization was given to the Mayor and City Clerk to execute all related documents. 20. The Feasibility Report for Project 561 (Sterns Addition -Streets and Utilities) was presented, and a public hearing was scheduled for June 6, 1989. 21. The final assessment roll for Project 520 (Manor Lake -Trunk Utilities) was received, and the final assessment hearing scheduled for June 6, 1989. 22. The report for Project 565 (Water Treatment Plant Dehumidification) was received and authorization was given to prepare detailed plans 6 specifications and bid solicitation. 23. The petition for Project 568 (Autumn Ridge - Storm Sewer) was received and authorization was given to prepare a feasibility report. 24. The final plat for the Potts Addition was approved. Authorization was given to the Mayor and City Clerk to execute all related documents. 25. The final plat for the Blue Ridge 2nd Addition was approved. Authorization was given to the Mayor and City Clerk to execute all related documents. 26. Plans for Project 533 (Diffley Road -Reconstruction 6 Utilities) were approved. Authorization was given to the Mayor and City Clerk to execute the Cost Participation Agreement. 27. Plans for Contract 88-17 (Cedarvale Blvd -Street Resurfacing) were approved. Authorization was given to advertise for bid opening to be held at 10:30 a.m, on June 14, 1989. 28. The specs for Vehicle #134 (Public Works Pavement Grinder) were approved. Authorization was given to advertise for a bid opening to be held at 10:00 a.m. on Thursday, June 1, 1989. 29. The specs for Vehicle #140 (Public Works skid steer loader) were approved. Authorization was given to advertise for a bid opening to be held at 11:00 a.m. on Thursday, June 1, 1989. 30. The petition to vacate public right-of-way (Kingswood Road and Coronation Drive) was received and a public hearing was scheduled for June 6, 1989. PUBLIC HEARINGS 31. The public hearing was closed and approval given for the vacation of drainage and utility easements within Lots 3, 4 & 5 - Berry Ridge Addition. 32 The public hearing was closed and the vacation of partial public right- of-way for Birch Street (proposed Suncrest Addition) was approved subject to final plat approval. OLD BUSINESS 33. Discussion regarding the golf ball problem being experienced by certain residents of Falcon Way, adjacent to Carriage Hills Golf Course was continued until the May 15, 1989 meeting. NEW BUSINESS 34. Special revenue funds budgets for four (4) funds for calendar 'years 1988 and 1989 were approved. 35. The appointment of Greg Gappa was made to the Airport Relations Commission as an alternate and to fill out the remainder of a three (3) year term recently vacated by Dennis Gagnon will be offered to one of the existing alternates. 36. A request by Bodecker A Sons, Inc.for a 18 variance to the 35% lot coverage maximum was approved. 37. A special permit requested by Northern Natural Gas Company to construct a steel frame building over an existing meter and regulatory facility on f] /J -/ten Outlot A, Fairway Hills First Addition was continued to the June 6 meeting. Dde(� 38. A special permit requested by Cray Research to install a private well to be used for backup water supply for cooling towers and landscaping irrigation was approved. ADMINISTRATIVE AGENDA YALW 39. Authorization was given to advertise for bids a monthly building cleaning and maintenance service with bid opening scheduled prior to the June 6 City �'��// Council meeting. LCL 40. Participation in the Joint Powers Agreement establishing the I -35W Council was denied. 41. The petition for Project 569 (Eagandale Center Industrial Park #3) was received, and authorization was given to prepare a feasibility report. ****** 7-1V 42. The City Attorney reviewed an Ordinance that establishes a storm water drainage utility and a storm water drainage improvement district. /-/ 43. A workshop was scheduled for May 30 to consider the storm water utility and referenced in the above item. **k*h* jar= 44. All bills were approved and ordered paid. MINUTES OF REGULAR�:-.MEETING Op.::; -.THE ,kSOTA MAY 21 1989 EAGAN CITY COUNCIL A regular meeting of..tb.e..-Eagan..fj-ty.. Council was held on Tuesday, -U:::i"��iW�Auni ci pal Center. Present were May 2, 1989, at 6:30 p ..... ........ 0�.Wacht.�e:r, Egan, Gustafson, and Mayor Ellison and Coun ilmem er . ..... McCrea. Also present were City Administiator Tom Hedges, Public Works Director Tom Colbert, Comm uni ty::jP.ev elopme nt Director Dale Runkle, City Planner Jim Sturm and Cit-j.j:�]Attorzje ....... James Sheldon. AGENDA City Administrator Tom Hedges recommended continuing Item A. under Old Business (Carriage Hills Golf Course) to the May 15, 1989, Council meeting. Wachter moved, McCreai::0:0Anped, the motion to approve the agenda as amended. All voted in favor...: April 18, 1289. Councijjji6tftber- Egan requested the following changes: Page 9 - regarding the Council vote on Project 487R - Braun Court, the minutes should read: Egan moved, Gustaf:p.4n:;::s9Pon4e:d# the motion to close the public hearing and the final assessment roll for Project 487R (Braun:.Court....., Streets and Utilities) and authorize its certificatiork:::to the':. -:County for collection. Mayor Ellison questioniia if the Council should recommend Assessment No. I or Assessment No. 2. City Attorney James Sheldon informed the Council that their determination should not be made under threat of legal action but on the basis of benefit only. Mr. Colbert explained the rationale and also the options. Mayor Ellison stated he prefoFred the original assessment roll without modification. ... Councilmember the City should assume their portion of the costs and fel..t:that the net result of the original assessment roll would be':::i'ktrimental. Ellison moved, McCrea seconded, the motion to amend the previous motion to approve the final assessment roll as Page 2/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 ... presented for Project.....487R (Br and authorize its ce�i - Ificatio McCrea and Ellison voi.,'eiid' X-1- n. ta voted against ourt - Streets and Utilities) the County for collection. Wachter, Gustafson and Egan On the motion by Egan, seconded by Gustafson, to close the public hearing and reduce by $10,000.00 the final assessment roll for Project 487R (Braun Court - Streets and Utilities) ana authorize its certifj,'O.i:t:1O.n .hie i::County for collection. Ellison, Wachter,anvoted in favor; McCrea voted against. Page 10 - regarding speci4Vasseil§kents for Metram Properties, the fourth paragraph shouJ-.d,:.::rz.a33:::lows: ....... ...... Councilmember Egan reported that the report did not indicate if the landowners received notice of the original assessment, had an opportunity to be heard or other input. Public Works Director Tom Colbert replied that either the assessment was not at -the correct rate or the size was under -estimated. He fiait.. 4. e.r explained the procedure. ........ Page 12 - regarding the read: "All voted in favor." plus property, it should Page 14 - regardingA� .0. :xMinary plat for Eagan Center 3rd Addition, in paragraph 40 t. VJ3 ::' . should be changed to "CSC". "He wondered if each addition:was considered separately to meet the 20,000 square foot minimum for 1st phase development." Page 17 - regarding the SoderhOlm Aoditionr paragraph 3 should be corrected to read: ASingl.e..Familyn, instead of "Multi Dwelling". Page 17 - regarding ih6 Sod6ft6lm'Addition, number 2 of the conditions should read: 2. The Laventhol & fiot."th retail study shows an excess of retail land in this particiiiar no&(node 3). An example is the retail land across the street which is properly zoned but not developing. Page 17 - regarding the Soderholm , Addition, number 3 of the conditions should read: 3. Limited be an obsolete zoning use by .. ........... . the developers. Has ::;a,. I Amffl'dbl't classification to deal with. This developmeriC'lows ."laig6" tracts of undesignated limited business. Page 3/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 Page 17 - regarding 9:gderholm Addition, motion was only to deny Comprehensive Guide Planaiaendment -.::::strike other 3 (rezone, preliminary plat, condition ..... -aa.::; ee Mit). Page 17 - regarding the Soderholm Addition, number 4 of the conditions should read: 4. The Comprehens.iv.g.Guide ..Plan shows D -I uses as a recent designation and shou:dt?tit::ckiii: P:::lo ted aCommercial. The Council has ado - p policy to Yazorie;<j�al�ti:::��sidential lots downward to single family whenever posttble aiid not upward to a more intensive use. Page 18 - regarding i8 sti ti olrit:;Rad tion, number 5 of the conditions should have addiia to The proposed accesses do not meet county standards. Mayor Ellison requested the following changes: Page 2 - regarding t t$:Fak;..tree on the Target property, the motion should read: Egan moved, McCrea;secondsd�::ib a motion to rescind the previous motion and to:�fef:::i i::`Target oak tree matter to MnDOT with no recommendation ..:. I voted in favor. Page 2 - in regard to the Goins fire, in paragraph 2, it should be changed to read that the fire had occurred in "June, 1988" and the correction to Doug Reid's title of "Chief Building Official". Councilmember; McCrea;.;FequeStea;:a:.;.change on page 10, the last paragraph should read: Councilmember Gustafso' remarked that the City should not collect these assessments 4$.::a cognition. Mayor Ellison commented he felt staff shQkuld be::::siore judicious in what they bring to the Council. Councilmember Wachter requested the following changes: Page 9, paragraph 1, the fourth sentence should read: "Councilmember Wachter questioned if 410re would be any problems with dangers from cave-ins." Page 21 - regarding tii`i3:Sa::!CQeimittee/Old Town Ball, after the motion, it should be added: "All voted in favor." McCrea moved, Wachter seconded, t2ie motion to approve the minutes for the April 18, 1989, regular Council meeting as amended. All voted in favor. Page 4/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 ....... March 28, 1989. Mayoj?:FJlison riq'iiested a change in paragraph 3 regarding the Community Ceni. the second to the last sentence should read: nMayor':'k1'3..ti6ifagain expressed his support for the concept of a Community Center but agreed that the project should be delayed for at least two years." Egan moved, Wachter secQ.nded, the motion to approve the minutes for the March 28, 1989, q`*`�A-: ...... : ...... ..;meeting as amended. All voted in favor. April 17, IM. Mayor Elli&Qn req.kiested a correction regarding the date of the meeting, it sho"U''1d read . . i . "Monday, April 17, 1989". Councilmember Wachter, tequest4&'&n addition to the minutes. In paragraph 1 regarding the Public Works Maintenance Facility, the last sentence should read: "City Councilmember Gustafson suggested that the City consider a lease or some other arrangement to secure the property and defer payment and contact Blue Cross." Wachter moved, Gust co nde 6, the motion to approve the minutes for the April 17, : 1 Council meeting as amended. All voted in favor. FIRE DEPARTMEflV?.J,.4gP2dbT9R MAYNARD KLANG City Administrator Tc4.fi.8'e"6ges introduced the matter to the Council. Fire Chief Southo'rn informed the Council that Maynard Klang had answered the call to duty. Be gave a synopsis of Mr. Klang's twenty-five year career. He commented that Mr. Klang was instrumental in the growth of the department and 'reviewed his extensive list of accomplishments. F} -re chiet::.5..o.utho;rj.3.:,,pr.,e,sented Mr. Klang with a clock plaque in appreciation . with the Fire Department. Fire Chief Southorn also thankeq.the Kl.ang family. Mayor Ellison presented the':.JRlaqui::bf appreciation to Mr. Kiang on behalf of the Council and the':9agan::'::' . tizens. EMERGENCY STAND-BY GENERATOR City Administrator Tom Hedges recommended continuing the matter for thirty (30) days because of the state of flux in the Legislature. Councilmember Egan questioned the budge:k':allocation. Wachter moved, McCrea:::se,.00nde:dj:;:::'th*:. motion to continue to the June 6, 1989, City Council:::.:t 0"-f .:::Or_quisi ion of the emergency stand-by generator in the amount of $5.4.,p.759.00 to Bill Richmond Electric. All voted in favor. Page 5/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 Ww%W4ze �@# - n. 1. Land Development/Design Engineer. It was recommended tQ:-:-ap-p.;jov--e- -the....bi ring of John Wingard as land development/design engineeii:;�fbi::t .'.. .... . subject to successful u completion of the City's physici-`:'exar"1nation " ti requirements. 2. Utility Maintenance Work I O�rs. It was recommended tQ�::4p.p . r .t::.t ovh-e;- hiring of Kelly Blommel and Richard Francois as utility 'Mai nt e':z':1:a"t`ice workers for the City, subject to successful completion of the City's physical examination requirements. 3. Park Intern. It was recommended td:::A&b6:Pt. the resignation of Mel Bailey as an intern with the Park and Rect66tipp>:�Rp-partment. 4. Police Lieutenants. It was recommended tq.:::�4ppr-ove the appointment of John Stevenson, Richard Swanson and Geralar:Meszaros as lieutenants in the Eagan Police Department. 5. Planner I. It was recommended t{iring of a candidate yet to be named as Planner I�: .. :::Ugan, subject to successful completion of the City's physical::exam:ination requirements. 6. Senior Engineering Tech/.:S,kiperv:J.Spr (Construction) It was recommended to approve th4i"Tiring of Stan Lexvold as Senior Engineering Tech/Supervisor (Construction) for the City of Eagan, subject to successful completion of the City's physical examination requirements. 7. Administrative Intern. Councilmember McC r name of the candidate recommended for hire. Cite i4difiiiiiSCratbY Tom Bedges replied that the candidate had not yet been selected. It was recommended to approve thLi::hiring of a candidate yet to be named as Administrative Intern for the City of Eagan. Page 6/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 8. Seasonal Workers. It was recommendedto agtt;tkse hiring of Ben Anderson, David Chavez, Michael Griswold, Robtft:Judge, and Jeffrey Radlec as seasonal street maintenance workers; and Timothy Troje as a seasonal central services maintenance worker,- and Darren Wennen as a seasonal tree inventory technician. 9. Street/EquipmentfFaite3atce:Wrker Resignation. It was recommended to accept the:resignation of Frank yamberger as a street/equipment maintenaDGe workgz with the City of Eagan. 10. Street/Equipment 9a'' h 0.,:::W:0rker. Councilmember McCrea suggested staff search for a female and minority candidate. She commented that the Affirmative Action Plan should be met. Public Works Director Tom Colbert replied that the City was re -posting. It was recommendedtii::aiatkto;tize the City Administrator to offer the vacant street/equipment ingiiiteb4nce worker position to the second place candidate from the prev_xous n.if'itig process, subject to successful completion of the ::tity'.s;;:s3iy.sical examination requirements, if no current Au4 :nte iaiice worker applied for the vacancy and/or no current::a:rksr successfully passes the examination. n •- , It was recommended to approve the six plumbing licenses as presented. C. Correction to December 10 1974 City Council Minutes. It was recommended to authorizecorrection of the official minutes of a regular City Council meeti. g for December 10, 1974, by changing Lot 1 to Lot 6 in the Rennetti'Bassler Blackhawk Acres official transcript. D. Councilmember McCrea repo the premises of J. Dolittl.;i. that the amusement devicet::-:Mag the applicant knew he needed a cities charge a double fee for he machines were already on istrator Tom Hedges replied ordered and installed before permit..::;3}e further stated that some violations. Page 7/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 It was recommended to. -approve the....amusement device application for Eugene Winstead for tk l .e amusement' devices at J. Dolittle's Restaurant. Councilmember Egan stated he would like to review the estimated budget for the ball field.>iicl:::tetitr€s::ecprt. Park and Recreation Director Ken Vraa replied't3i r +ab hdt::::one available. Egan reiterated his request to revi&*:;6n estihated budget. It was recommended to approve thoslow bidder for Contract 89-12 and award the contract to:::F.in ey :Bx:q$:i:ets Enterprises as the lowest responsible bidder, in the%aiinbunt`ti€::::$ 302,924.74; subject to review and approval by School District No. 196 and further authorized the Mayor and City Clerk to execute all related documents. F. Contract 88-26 Receive Bids/Award Contract (Daniel Drive - Streets and Utilities). It was recommended to :,mu ace:ve::;,the bids for Contract 88-26 (Daniel Drive - Streets and,.tilitsel and award the contract to the lowest responsible bidder, rial gyelopers, in the amount of $175,180.00, and authorize thQ,,Mdy:cir;:::aaarl City Clerk to execute all related documents. It was recommended to receive the bids for Contract 89-07 (Well No. 14), award the contract to the lowest responsible bidder, E. H. Renner 6 Sons, in the amoun.t...o .:$l3,9..,93.5..00, and authorize the Mayor and City Clerk to dxecute:::d'.11 `e3:ttoc3:: ;cements. H. It was recommended to rete No. 15), award the contract to Layne -Minnesota, in the amount Mayor and City Clerk to execute I. i:V.0 the::::kids for Contract 89-10 (Well the low®:s:t responsible bidder, of $133,040.00, and authorize the all related documents. It was recommendedtp.;ece:ie;,.t}Ia;:..feasibility report for Project 561 (Sterns Addition - StteetG:::atsti::i3tz:ties) and schedule a public hearing to be held on June 6'; 1989: Page 8/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 J. it was recommended to 'zveh`e final assessment roll for Project 520 (Manor Lake - Trunk Utilities) and schedule the final assessment hearing to be held on June 6, 1989. R. Project 565, Receive Report/Authorize Plans and Sol; ; anon of Bids (Water Treatment Pl:[k:::.::f3eh:Lm1d; f; cat; on) . It was recommended to receive the::ieport for Project 565 (Water Treatment Plant - Dehumidification) anal:authorize the prepafation of detailed plans and specificatici"S. and .Ud solicitation. L. It was recommended to receive the petition for Project 568 (Autumn Ridge - Storm Sewer) and authorize the preparation of a feasibility report. M. Approve Final Plati:Ptg:A.ddition. It was recommended to approve the.:;£:inal plat for the Potts Addition and authorize the M or..:anci::::Cty Clerk to execute all related documents. N. It was recommended to approve the final plat for the Blue Ridge 2nd Addition and authorize the Mayor and City Clerk to executed all related documents. ti 0. Project 533. Agpiove''Pi'Aiis''aitef'"Cost Participation Agreement (County Road 30 Reconstruction),:: It was recommended to approve the::::glans for Project 533 (Diffley Road - Reconstruction and Utilities) ah;0 authorize the execution of the Cost Participation Agreement by the Mayor and City Clerk. P. 1Y, iJ07. 8-17 e on June Page 9/EAGAN CITY COUNCIL MEETING MINUTES 134 for May 2, 1989 It was recommended to a (Public Works Pavement G a bid opening to be held R. pYove the specifications inder) and authorize the at 10:00 a.m., Thursday, for Vehicle No. advertisement June 1, 1989. It was recommended to approve the"'specifications for Vehicle No. 140 (Public Works Skid Steer Lgader) aid authorize the advertisement for a bid opening to be hey:d:-oir:11:;,4Q:>a m., Thursday, June 1, 1989. S. Vacation of Public Right-of=Way. Receive Petition/Order Public Hearing (Coronation Drive and Kingswood Road). It was recommended to receive the petition to vacate public right-of-way (Kingswood Road and Coronation Drive) and schedule a public hearing to be he1d::an;::.J.une 6, 1989. McCrea moved, Gustafson foregoing consent agenda ite implementation. All voted in VACATION/LOTS dan'i''4i.-the motion to approve the as presented, and authorize their D 5, BERRY RIDGE ADDITION City Administrator Tom Hedges updated the Council on the matter and stated that staff had not received any objections to the proposea vacation. Wachter moved+ Gusta:t:Saaa::::secG:iaelea;;::the motion to close the public hearing and approve'`the`va'caiitiri<of drainage and utility easements within Lots 3, 4, and::5:, BerZy. Ridge Addition. All voted in favor. VACATION/BIRCH STREET (P.NCREST ADDITION) Gustafson moved, Wachter seconded, the motion to close the public hearing and approve the vacation of a partial public right-of-way for Birch Street (proposed Suncrest Addition), subject to final plat approval for said additi;gn. All voted in favor. CARRIAGE, BIbL. S.G.Q1..F COURSE Egan moved, McCrea sercoftft'3 "-the''Mtion to continue until the May 151 1989, City Council meeting, the.::;discussion regarding the golf ball problem being experienced by cert6,l;n residents of Falcon Way, adjacent to Carriage Hills Golf Course'.All voted in favor. Page 10/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 RATIFY $98.8 AND 1989:'BUDGET FUNDS City Administrator Tom eS::oammarized the matter for the Council. Councilmember McCrea asked if the BRA money was an annual figure. Mr. Hedges responded yes. Mayor Ellison requested the cable money remain as is. McCrea moved, Wachtet:: s&.6ottdeid,:::: :o motion to approve the Special Revenue FundsBudgetoF::tlre Hai�sing Revenue Fund, Senior Housing Fund, Cable TV Franchise;:FundA�d Housing Redevelopment Authority Fund for the calenaar.years of, 1988 and 1989. All voted in favor. APPOINTMENtfidf ORT:((EfrA'PIONS COMMISSION City Administrator Tom Hedges introduced the matter to the Council. Egan moved, Wachter seconded, the motion to continue the matter to a later time at this mee:tkng... All voted in favor. VARIANCE/LOT,COVERAd£{BODECKER & SONS City Administrator Tom 99.4:s::::p esented the application to the .qeCouncil. The applicant was.,pre:sif'at the meeting. Mayor Ellison questioned if the neighbors had been notified and if so, if they had any objections. The applicant replied that the neighbors were notified and there were no objections. Councilmember Egan asked if there was any land available for purchase. The applicant responded that the....pro.perty.be.hind theirs was available for purchase. Co uncilm4mber MC- Crea::: a st:iaien the hardship. The applicant replied that they needed extYa.room`foY manufacturing and storage space. McCrea commented that in Order GG:approve a variance, there was a need for a documented hardship. Cv:uncilmember Egan stated that if there were no property availab-;:e, tl#EYe would be a hardship. The applicant reported that the electrical<�Tiox in the front prevented movement. Gustafson moved, Wachter seconded, the motion to approve a 18 variance to the 358 lot coverage maximum.required in a Limited Industrial district as requested by R.::Ii Bodecker & Sons, Inc. at 3330 Mike Collins Drive, subject to all:::applicable City Codes. All voted in favor. Councilmember McCrea, statecl'that"fhe hardship was the electrical box and keeping the lines straight in tilde back. Page ll/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 John Hohenstein informe6-:tEe::.;tauncil that the appointment of the two alternates could be continued to another meeting. Councilmember McCrea suggested selecting a person subject to the decision regarding the alternates. She stated that if the alternates desired the position, the appointed per,son.would.become the alternate and further that if the alternate de c] ziied::::thd::po:s tion, the selected person would become the regular ioemEier:::: " After the Council vote, City, Administrator Tom Bedges counted the ballots and announced that::: te,ap.04ntment of Greg Gappa was made to the Airport Relations Cgiesii ;s§i:git: "43p:::an alternate or to fill out the remainder of a three_o'af term,: `t'e'cently vacated by Dennis Gagnon, (the position would first be offered to one of the existing alternates). NORTHERN NATURAL GAS COMPANY/SPECIAL PERMIT FOR A::STEEL FRAMED BUILDING City Administrator Tom 'Hedo:$::::explained the request for the special permit to the Council::.;. He"€fistrbuted two letters from DMS and Bridlewilde objecting to::the iss:ud4ce of the permit. Dennis Workmeister(r:PgF:-a'"titative for the applicant) informed the Council that the faciizty was relocated due to the Pilot Knob construction. He further stated that a smaller metal building already existed and that the applicant would provide a privacy fence and paint the building earth tones. Council member McCrea;:;:as:ked:::;if:;:tMe;::€ence would screen the building. Mr. Workmeister::::i:e::l?csistiecl::tati five feet of the building would be visible above the fence:..;,McCrea questioned if the building could be constructed at another N.Qrtherb Natural Gas Company location. Mr. Workmeister respo4;* d thit at the other location there is a pipeline. McCrea asked if the app3#ant would be willing to do more in regard to the aesthetics. Mr. *6rkmeister responded it would depend upon the details requested. McCrea asked if they would consider bricking the building. Mr. Workmeister responded no, because it was an existing facility. Councilmember Wachter questioned Zhe size of the present building and the need for the increase:ih the size. Mr. Workmeister responded there was a nee::;iitease:the size of the building due to an increase in the demeticl::::Mr:::;T3ekit:er questioned if Northern Natural Gas Company could relocate. Mr,:..,.Workmeister described the relocation due to the Pilot Knob projecE. Page 12/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 .......... Councilmember McCrea::::*.sked if th:e:.:.Brick Ordinance applied to this project. City Admini.4ft.ator TorA11 ��$dges replied he was not sure if the Brick Ordinance appy. --i s . project. Councilmember Egan commented that Fairway Hills was developing and that the size of the utility building was increasing substantially. Mayor Ellison had concerns regarding a tin shack located next to a high quality..de.v.elop.ment. Mr. Workmeister disagreed. Mayor Ellison thats,-.W.'r of the special permit ........ ........ .0val would run counter to the City's: :p . o .1. 1 . c . y . :::Councilmember McCrea suggested continuing the matter for f ftt'her investigation. Mr. Workmeister pointed out that th�--..expense of moving the facility was prohibitive. Mayor Ell i so.n.....re.c..(.X,nme.nde,.O::.the applicant review the ng to the Council. The matter and propose an accept4ble'. 'd applicant asked for direcii6 . nfrom::th-e Council. Mayor Ellison suggested using the Northwestern Bell building and its brick as a design. Councilmember Gustafson suggested using the Well Plan design as a guide. Be stated there were a number of choices available. Councilmember McCrea.:::re.c.ommended a neighborhood meeting. Mr. Workmeister stated'tht.:.:applA.cants could not have combustible ... . ....... items in a brick structure. Clounc . i . ti . m ber Gustafson stated that a metal structure may be acceptible..,-:IFt Council if the design and appearance were good. Council.:�..embiii0iM6&rea pointed out that the location was also a conce:rri Kr; Workmeister asked if landscaping would help the matter. Co'pii;ftlmember Wachter asked if the peak of the roof could be reduced. Mr. Workmeister stated it would be an instrumentation problem. City Administrator Tom Hedges informed the applicant to contact Eagan staff for review and recommended continuance of the matter to the June 6, 1989, City Council meeting. Al Herrmann develop' ;itiv. informed the Council he was willing to work with Northern. Natural Gas Company. William Haye, 1359 St. Andr::Ows, Fa.:'I.'.rway Hills, stated there was no landscaping on the project an'd: that::::the lawns were washing away. Be further commented that the pipes were unsightly and felt that the property taxes were too high. Be invited an on-site investigation. He presented a letter to the Council dated August, 1988, from Derrick. Mayor Ellison requested staff cheek k into the erosion control. Public Works Director Tom Colbert staf'4g6' that staff was working with the developer. Mr. Baye further stat;6 tae:: Ad%cancerns regarding the safety of children. Al Herrmann reported that the erasion was occurring on the pipeline site and that no vegetation had been replaced. Page 13/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 Mr. Workmeister respo.ilded that the -letter Mr. Baye distributed was for pipeline constructr�'Lt?n on a pj:eeVlous project. Be further stated that the applicant wjppkztig natural gas as efficiently as possible and commented that ttie::Ppn5iilner pays in the end. He again requested direction from the dodacil. Councilmember McCrea recommended referring the matter to the staff. Councilmember Egan requested the building be compatible with the neighborhood. Councilor_ft:bB;c:GGu.6:ta#aon explained he needed to see a proposal. McCrea moved, Egan seconde.a, the nation to continue to the June 6, 1989, City Council meeting tb..speC%;al permit request for Northern Natural Gas Company to constrt#4'ta:;;s�eel framed building over an existing meter and regulatio y acsl:f:ty on outlot A, Fairway Hills 1st Addition, to allow the applicant to work with the City staff, arrange a neighborhood meeting, develop a landscape plan and give evidence of an erosion prevention plan. All voted in favor. CRAY RESEAB.CB/SPECIAL PERMIT FOR A WELL City Administrator Toie:HE�gea:::;briefed the Council regarding the matter. Public Works Director. Tdin 0dXbert recapped his memorandum dated April 25, 1989. Ed Bramen (real estate;, pgissiiitant for Cray Research) explained the use of the well and thy:::,:pu pose. Be stated it was not a high capacity well. Councilmember McCrea had concerns regarding health and safety. The applicant responded that the valves could fail and contaminate the system. Mr. Colbert stated it -was ,a..potential problem. The applicant stated ii would:::Fe.!4e::::t3e.:pi: n to eliminate the potential problem. He remarked that' t"b'e-well wtruld be a primary source for a cooling tower. Councilmember Wachter was c6hcerniid:about the use of water. The applicant responded that the State was:::0ot concerned with the project. Councilmember Egan asked if there was a potential concern regarding the draw -down. Mr. Colbert responded no. There was further discussion regarding the technical aspe""ets of the project. Gustafson moved, McCr:ea:.:.&econ4ed.,.:..the motion to approve a special permit for Cray R&.' $.;' i9: installation of a private well to be used for backyp'water supply for cooling towers and landscaping irrigation, subject to the:::following conditions: 1. This special use permit shall be subject to all applicable City Codes. Page 14/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 ... 2. The pumphouse shai::::have a maximum rate of 500 GPM. 3. There shall be no infez:0#0nre16tion between the private well and City water. 4. The City of Eagan shall be allowed to monitor the well. All voted in favor. VISITORS/KINd'f&OOD Jim Horne informed the Cnii�'bil he tad two items he needed to bring to the Council's at ei:tsanr:::B:e:t*iquested the vacation of the public right-of-way within "thei Kirrg5wood lst Addition. He stated he wanted the contractors to begin and did not want a delay. City Attorney Jim Sheldon replied that the vacation was a condition of final plat approval for the Kingswood 2nd Addition. He further stated that the final plat was not ready. Mr. Horne addressed 13ii::;eo;ncern regarding the park dedication fee. Be stated that the accesa::was:;moved at the City's request which caused the developer extra expense ::He remarked that there were 11 lots and he wanted the dedication.to;:apply only to the new lots. Mr. Sheldon commented that the Ci::ty;::::o?as::eiltitled to the funds. Mayor Ellison requested Mr. Horne::t:6.::Wbrk with the staff. VISITORS/PROJECT 520/IgANOR LAKE Roger Wiske, 630 Cliff Road, had concerns regarding Item J of the consent agenda regarding the Manor Lake Trunk Utilities project. Be stated that the .project:.:had; -not ::;: been;.; completed. Public Works Director Tom Colbert info:Diee1:332A1:::ftati:::'the staff would take steps to clean the matter up prior to the;:.assessment hearing. He stated he could not guarantee it and that:�:egal action was being pursued. VIS ITORS/ Sd69RHOI*:::'ADDITION Ray Connolly informed the Council that the applicant wished to withdraw its rezoning request. Councilmember McCrea stated she would not favor the withdrawal of the motion. Mr. Connolly informed the Council that much effort was put into the project and stated that there was unanimous Advisory Planning:CO''umission approval. Councilmember Eganrema*Qd:.ki�at;:ise felt sorry for the Soderholm applicant but that the Ci tp::;#laz3::9r?e:::xtquirements that a substantial change was necessary for further Council review. He further stated that the Laventhol and Horwath report: -01 -.ted excess retail in the area. He commented that the Council's fill est priority was to down -zone Multiple Residential to Single Family. Page 15/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 .......... ........... Mr. Connolly reiteraf;ik.'d his desi:ro:: to withdraw the rezoning request. Councilmember Wadlii-atr state4�t'hat the Advisory Planning ......... ..... Commission was for Councilmember Egan stated that any of the three Council . in' f3ei-i's' could move to reconsider. Mayor Ellison remarked that the motion was not forthcoming. CONTRACTUAL CLEANING SERVICE/MUNICIPAL CENTER BUILDING t... City Administrator T6.t.::14�64, :-adduced the matter to the .. g Council. Councilmember Gustaf s6i::::":)c'e''con'u"*n"'e'ndeaJ looking for outside bids. McCrea moved Egan secondod': to authorize the advertisement of Lids for r' e . ul'ax".:M' 'Vnt .'""":' hly building cleaning and . maintenance service with a bid opening scheduled prior to the June 6, 1989, City Council meeting. All voted in favor. 35W JOINT POWERS AGREEMENT City Administrator background information. s updated the Council with the Councilmember Wachter had condd,ths. -regarding the Joint Powers Agreement and stated he was Oipr.e.:::be - p i Councilmember Egan commented that it would be e.azi,.i*rfu 'approve the participation in the Agreement than it wouldout of the Agreement. Mayor Ellison stated he was ambivalent ilft':'the matter. Councilmember Gustafson shared the other members' concerns. Be questioned the fee calculations and had concerns regarding participation. There was more discussion regarding the participation by the City of Eagan. Councilmembero,McCrea::.q:WeatiO.iie.t::W:b;at the City of Eagan would receive by participating ihWe 101.6t::::.'P:6wers Agreement. City Administrator Tom Hedges stated : -the AgF:e.ement would improve the over-all County traffic flow. C601cilm.0m.''ber Wachter remarked he felt the money may not be well spent...'......' Egan moved, Gustafson seconded, the motion to deny participation in the Joint Powers Agreement establishing the I -35W Council as requested by the City of Burnsville because there would not be enough benefit to the City of Eagan. All voted in favor. PROJECT 569/RECEIVE PETITION/090ER FEASIBILITY REPORT (EAGANDALE CENTER INDUSfkM PARK NO. 3) Egan moved, Wachter to receive the petition for Project 569 (Eagandale Center Industrial Park No. 3) and authorize the preparation of a feasibidy + report. All voted in favor. Page 16/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 %ECUTIVE:::0.05SION Mayor Ellison announced'an`'eXecutive session following the regular meeting to discuss pending litigation. TRAILWAY ASSESSMENT POLICY City Administrator T4>ii:FkErcg:s::::xjt:tt:rmed the Council that the assessment policy regarding the::, nny:::Cake Ridge Road trailway was being re-evaluated as a whole. Be furti'er commented that staff was addressing a number of issues cb*front'i319 the Council. Be stated it was recommended that there::;be:;rj# : q.uad :t:iailway assessments. Be informed the Council ale�tie:::wouci::tie sent out to the citizens explaining the assessment policy re -'evaluation. City Attorney Jim Sheldon explained that residential properties would not receive special benefit which is not necessarily true of commercial and industrial properties or public facility property. Mr. Bedges stated staff was considering alternative funding methods. Councilmember Egan recommended examining tho'..',,J.,re policy as a whole._ Councilmember Wachter requested more ihfa;tion. BdARD OV IEU:IEW City Administrator Tom :gedges dpdated the Council on the matter and stated he was preparih'." taiidouts. STORM WATER ORDINANCE City Attorney Jim Sheldon informed the Council that a public hearing would be set for June 6,_1989, to review the proposed ordinance creatingla storm *4.:1tir::::ai..0..r tility drainage district. Councilmember Egan questib,ned if it wisiild include new construction also. Public Works Director Tom::Colber:t::::replied yes. Mayor Ellison commented the matter needed furY-ber dit6ussion in a work session. Mr. Bedges suggested setting the meeting fRie: May 30, 1989 at 7:00 p.m. Gustafson moved, McCrea seconded,"iEhe motion to schedule a workshop for May 30, 1989, at 7:00 p.m, to consider the storm water drainage utility and storm water drainage improvement district ordinance. All voted in favor. COUNCIL DISCE.APION Councilmember Wachtel : cvii lierit #1:`" --had concerns regarding the Cray Research water tower:' PiYere'.', las""al'scussion between Wachter and Colbert regarding the matter. Councilmember Egan remarked that'the meeting time for the Board of Equalization should be more clear and specific. Page 17/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 There was an update iEgarding tht::Areland Sister City project. Limerick has expressed an � $.est:; 0::the project. Councilmember McCrea suggested charging for the excess police calls to the billard halls. Mr. Hedges stated staff would check into the matter. McCrea asked when th:az:alicl:;otif:tiq for Fire Stations 4 and 5 would be held. Mr. Hedge s''rplie<7:'he p{ld check with the Fire Chief. C.BECSLIST:.. Wachter moved, Gusta$SOFr: 5ecS2Asl ti] .::'the motion to approve the checklist dated May 2, 1988;>in tN::::hount of $263,225.46. All voted in favor. Upon motion duly was adjourned at 9:15 ADJOURNMENT by Egan, the meeting E. J. VanOverbeke, City Clerk