More
Help
About
Sign Out
No preview available
/
Fit window
Fit width
Fit height
400%
200%
100%
75%
50%
25%
View plain text
This document contains no pages.
The URL can be used to link to this page
Your browser does not support the video tag.
05/15/1989 - City Council Regular
AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN. MINNESOTA MUNICIPAL CENTER BUILDING MAY 15, 1989 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA 6 APPROVAL OF MINUTES (BLUE) III. 6:40 - PRESENTATION BY EAGAN CHAMBER OF COMMERCE (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. PARKS DEPARTMENT e 2 1. Declare 8.3 Acre Parcel as Surplus Property and Transfer to DNR B. PUBLIC WORKS DEPARTMENT PB 1. Consider Petition to Eliminate MTC Park and Ride Site (Cedarvale Mall) IS 2. Fairway Hills 2nd Addition Street Maintenance Agreement (Bridlewilde Dev.) IV. 6:55 - CONSENT AGENDA (PINK) e1 A. PERSONNEL ITEMS ,9eeB. PLUMBERS LICENSES 1� 7A C. PROCLAMATION, National Flag Day, June 14 3ID. RENTAL, One Year Rental of City Parcel for Crop Planting E. CIGARETTE LICENSE, Crown CoCo, Inc. for Eagan E -Z Stop �j F. GAMBLING APPLICATION -WAIVER, Bingo, 4th of July Celebration Valley Viewers 4H P Club p �s G. CARRIAGE HILLS GOLF COURSE, Improvements to Minimize Impact of Golf Balls on y Adjoining Neighbors PqO H. SURPLUS CITY VEHICLES, Receive Bids/Award Sale (Units 104, 503 & 505) %15'I. VEHICLE # 219, Approve Specifications/Authorize Ad for Bids (Sewer Vac All) V,.i3J. APPROVE FINAL PLAT, Whispering Woods 4th Addition y< K. PROJECT 570, Receive Petition/Authorize Feasibility Report (Cliff Ridge - Storm PSewer) 5 L. CONTRACT 89-14, Approve Plans/Authorize Ad for Bids (Water Treatment Plant P Dehumidification) P,�1fM. VACATION, Vacate Public Utility Easement, Receive Petition/Order Public Hearing (Whispering Woods 4th Addition) pp V. 7:00 - PUBLIC HEARINGS (SALMON) A. PROJECT 544, Final Assessment Hearing (Mallard Park - Streetlights) B. PROJECT 523, Final Assessment Hearing (Stoney Point 6 Blackhawk Ridge - 1 ^ Watermain) C. PROJECT 515, Final Assessment Hearing (Dodd Road - Overlay) P� S� D. PROJECT 530, Final Assessment Hearing (Kinder Care - Watermain) VI. OLD BUSINESS (ORCHID) Q, S` A. RESOLUTION, Settling O'Neil Condemnation and Eagan vs Eagan Heights Lawsuits B. CONSIDERATION OF MODIFICATION, Trailway Along Lexington Pointe Pkwy b Daniel P' Drive VII. NEW BUSINESS (GRAY) P- '13 A. REQUEST, Street Name Change/James Street to Four Seasons Drive 1q B. EXTENSION of Preliminary Plat Approval for Eagan Center 2nd Addition 4z C. COMPREHENSIVE GUIDE PLAN AMENDMENT, Phillips 66 1st Addition/Phillips 66 P' Company, Changing Land Use Designation for LB (Limited Business) to GB (General Business), REZONING of 1.16 AG (Agricultural) Acres to a PD, GB (Planned Development, 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 NW Corner of Pilot Knob Road and Duckwood Drive in the NE 1/4 of Section 16 P, (((o D. VARIANCE, Graham Development Co. for Lot 1, Block 2, Hidden Valley Addition for a 10' Variance from the 50' Side Setback Along Pilot ,knob Road VIII. ADDITIONAL ITEMS (GOLD) ?12,0 A. RECONSIDERATION PRELIMINARY PLAT APPROVAL, Remick Addition IX. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) �' I 14:.x.1 k S �a htT 6:00 'z.cFer_�.ewt .III=C.o.�� - —ril!-MS s3 �•�4 S \ � l C Imo. A.i � ©Y - --ill- -- - - - - g� �• - � -- --� nw %)a- - �or- -- - I _ —4>— — - — - - J- MEMO TO: HONORABLE MAYOR i CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 12, 1989 SUWBCT: AGENDA INFORMATION FOR THE MAY 15, 1989, CITY COUNCIL MEETING After approval is given to the May 15, 1989, agenda, and regular meeting minutes for the May 2, 1989, meeting, the following items are in order for consideration: Paul Helland, President of the Eagan Chamber of Commerce; Jerry Patterson, President of the Northern Dakota County Chambers of Commerce; and Dan Aberg, Executive Director of the Northern Dakota County Chambers will attend the City Council meeting to make a presentation. Mr. Helland will present a plaque in appreciation of the City's willingness to share information and programs and for the spirit of cooperation that exists between the public and private sectors within the City. Agenda Information Memo May 15, 1989 City Council Meeting 10 �tia Im A. PARRS DEPARTMENT: Item 1. Declare 8.3 Acre Parcel as Surplus Property and Transfer to DNR --The City received a letter from the Minnesota Department of Natural Resources, Fort Snelling State Park Office, requesting a transfer of an 8.34 acre parcel to Fort Snelling State Park from the City of Eagan. The parcel is entirely within the State Park boundaries but owned by the City. For additional information on this item, refer to the letter sent by the DNR and a memo from the D'rector of Parks and Recreation enclosed on pages .3 through . For a specific location of the 8.3 acres that is in question, refer to the attached map, a copy is enclosed on page —�7—. ACTION TO HE CONSIDERED ON THIS ITEM: To approve or deny action to the City Administrator and Director of Parks and Recreation to negotiate an exchange of the 8.3 acre parcel for park improvements within Fort Snelling State Park that would benefit Eagan residents. a STATE OF % HMO (Ouz DEPARTMENT OF NATURAL RESOURCES PHONE NO. (612) 727-1961 FORT SNELLING STATE PARK FILE N6. HWY. 5 AND POST RD. ST. PAUL, MINN. 55111 March 20, 1989 Mr. Jim Sturm City Planner City of Eagan 3830 Pilot Knob Road Enpan, 14N 55121 Dear Mr. Sturm, Res Parcel No. 10-00800-011-06 8.34 Acres As we discussed in our telephone conversation last week, the above referencedarcel is owned by the City of Eagan. Location is part of the 14 of N o£ NE4 of NE4, Sec. 8. T.27N, R23W., and is within the statutatory boundary of Fort Snelling State Park. Fort Snelling State Park has recently acquired all of the adjacent property, and would be very interested in this parcel as well, as it would allow us to manage the area as one unit. There has been a long history of problems in this area. As you may be aware, the Quarry Lakes are popular for fishing and picnicing, however, there are various other activities as well, drinking parties, drug deals, vandalism, and litter, etc., that we have been unable to deal with because we do not own the land. Therefore,, I suggest that the City of Eagan consider transfering the parcel to Fort Snelling State Perk. This would clear up the ownership problem, allowing our staff to do a much better job of cleaning up, developing, and policing the area. Please contact me if I may be of any assistance in this matter. I would be more than happy to meet with the Eagan City Council if necessary, to further explain our proposal. Yours Very Truly, ('t) 14nllace L. Bartel, 'Mgr. Fort Snelling State Park Hwy 5 and Post Road St. Paul, 14N 55111 AN EQUAL OPPORTUNITY EMPLOYER /L zsrs7_� ; -To w r o} E ay n n J i x 7a �T FSsP w 'Or Va /Vrrmn H 9, L.aVonnv I.k ISDn t10Ac d5a lbs oo IJo LO7 i s' Od 1;14;[l6._ 1;111;1 TO: TOM HEDGES, CITY ADMINISTRATOR 1\ HONORABLE MAYOR AND CITY COUNCIL J�J FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: MAY 1, 1989 ISSUES Fort Snelling State Park Manager, Wallace Bartel, has expressed an interest on behalf of the State in acquiring a parcel of land currently owned by the City of Eagan. The 8.3 acre parcel of land is entirely within the State Park boundaries. BACKGROUND In, a recent letter to the City, Mr. ,Bartel explains that the Department of Natural Resources has acquired other parcels adjacent to the 8.3 acre parcel owned by the City. This parcel is now entirely within Fort Snelling State Park boundaries. The eight (8) acre parcel is located in the northeast one quarter of Section q8 and is within the flood plain and is accessible only with some difficulty. It is believed the City acquired the property as tax forfeited land. The State is interested in acquiring this land parcel from the City so there will not be any in -holdings i,n the park. This would make administration, planning and policing of the park Tess complicated for the D.N.R. DISCUSSION AND ALTERNATIVES It does not appear that the parcel can serve any useful City purpose at this time, due to the fact that it is difficult to access, is primarily wooded and is within the flood plain. This is a general consensus. It appears there are several alternatives that can be considered for handling of the property: 1. Seek to sell the property to the State, (DNR) for State Park purposes.. 2. Give the parcel to the State. 3. Negotiate an exchange of the parcel for park improvements within Fort Snelling State Park which will benefit Eagan residents. 4. Continue to own the parcel with the intent that unless a useful purpose can be determined, the parcel can still be given or sold to the State at a later date. DISCUSSION Selling the parcel would alleviate the City of any potential responsibility and expense for clean-up, maintenance and policing of the land. Due to the fact that the parcel is difficult to access and is surrounded by State Park, perhaps the best use is for State Parks purposes. The City could take the position that disposal to the State Park is a cooperative arrangement between two governmental agencies for the betterment of the community as a whole. A cash sale of the property is likely to be of small monetary gain to the City, due to its location within the flood plain. There would not be a lot of buyers due to its being considered marginal property. An appraisal has not been performed on the land to determine its actual value. Giving the parcel to the State would be quick and simple if the parcel is seen as a "liability". Since the parcel's value is likely to be small, it may be easier to simply give the land to the State, rather than incur the additional cost associated with the selling of the parcel, i.e., appraisal costs, etc. The third alternative that might be considered is an "exchange". The City would, in effect, give the property to the State in exchange for improvements to the State Park that would directly benefit Eagan residents. For example, an enlargement of an existing parking lot off of Highway #13, along with/or other site improvements such as a trail that extends to Gun Club Lake and a fishing pier to enhance fishing opportunities could be considered. Other opportunities might include trail development at Yankee Doodle, clean-up, picnic shelter building„ etc. This type of exchange may provide lasting recreational opportunities far in excess of the land's monetary value and may be the key to enhance development of the State Park on the south side of the river. The fourth alternative is to hold the parcel rationale being that the parcel is not costing the funds; and there may be a future need yet unseen. costs that may be incurred such as clean-up or however this is likely to be relatively small. RECOMMENDATION until some future date. The City any direct outlay of City There is a potential for other police response to problems; It is my opinion that the Council should consider the third alternative, exchange of the land for park improvements. The Council could consider a motion which would direct staff to respond to the State's request for the land and indicate the City's wil'lingnes; to deed the property to the State in exchange for 'improvements,; and for staff of the City and State to define those improvements ,and an expected'date for completion, if approved, for public use. If the State (DNR) is in general agreement, the list of improvements would be brought back to the Council for formal approval and for a final decision to give or exchange the land. FOR COUNCIL ACTION Provide di'recti'on to staff on the d ispositton of the 8.3 acre parcel, in response to the DNR. KV/bl s z A 21 50 6 z000 i LEGEND EXISTING PROPOSED RWwaTS PRIWI ROADS CITY PARKE NW T STATE B C"TT PARRS brcooE eouaour 0 20Do •DW' O .wmiR ymlulu N I s 13 NE 3208 ME NW R 4 sw aP sr' / +oR 16 1 h\\ sr"? /! SE 1 D ••:.•' LOST SPUR / COuNrRr NE CLUB ; MIOHVICM . _ IWC alta Vi WATER TREATMENT TACILTT. /p P rc AVE OUARRT PARR Agenda Information Memo May 15, 1989, City Council Meeting B. Public Works Department Item 1. Consider Petition To Eliminate MTC Park 8 Ride Site (Cedarvale Mall) --Enclosed on pages� through /0 is a petition received from the managers of the Cedarvale Shopping Center and their merchants requesting the elimination of the MTC Park & Ride site. On August 16, 1988, a public hearing was held to consider the vacation of a portion of Cedarvale Boulevard (Old T.H. 13) which incorporates the MTC' Park & Ride site. This vacation public hearing was held in response to a petition from the shopping center management organization as part of an effort to expand the existing parking lot facilities. At that time, the City Council indicated that the MTC Park & Ride site could be relocated. However, any and all costs associated with providing comparable facilities 'would have to be at the expense of the petitioner due to the fact that the City and MTC would not be willing to incur additional costs to accommodate a private parking lot expansion. Enclosed on pages through tl is the most recent correspondence sent to Mr. Brown informing him of the past action taken regarding the parking lot expansion, vacation of public right-of-way, landscaping requirements and relocation of the MTC Park & Ride facility. It is anticipated that Mr. Brown will be at the meeting to present additional information regarding their desires on this Park & Ride facility. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and approve/deny the request to eliminate the MTC Park & Ride site (Cedarvale Shopping Center). May 5, 1989 - Tom Hedges, City Manager City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Cedarvale - Service Road Dear Tom: I found a petition that I initiated some time ago concerning the Park and Ride at Cedar -vale. Mayabe you could use this as supporting informa- tion to get rid of the Park ,and Ride. I am awaiting some kind of response as soon as possible because I may lose,a 15,000 square foot tenant unless something can be resolved on this parking issue. Sincerely yours db:en David Bro C.S.M�.� Commercial Property Manager UPPER MIDWEST MANAGEMENT CORPORATION Upper Midwest Management Corporation 1106 South Broadway F.O. Boz 834 New Ulm, Minnesota 56073 (507) 359-2004 ("] FAX M (507) 354-1638 _ I January 18, 1989 TO: City of Eagan City Council FROM: 'Cedarvale Merchants and Management RE: PETITION FOR REMOVAL OF PARK AND RIDE NOTICE IS HEREBY Given by the undersigned that the merchants and Mall management desire to have the MTC Park and Ride be eliminated from its adjacent location to Cedarvale. It has caused parking problems that we are not able to control. we request that this action be taken regardless of whether the City is able to relocate it within the City or not. STORE T(i zz Tu LA MC l _7 1 �r,y\a \mac �2 3 OW city of czagan 3830 PILOT KNOB ROAD; P.O: BOX 21199 EAGAN. MINNESOTA 55121 VICELLISON PHONE. (612) 454-8100 THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Conti Wem May 8, 1989 THOM46S HEDGES Ce,AE cmvo, EUGENE VAN OVERSEKE CRY Clete MR DAVID BROWN COMMERCIAL PROPERTY MANAGER 'UPPER MIDWEST MANAGEMENT CORPORATION 1106,S BROADWAY PO BOX 834 NEW ULM MN 56073 Re: Cedarvale Boulevard Vacation Cedarvale Shopping Center Parking Lot Expansion Dear.Mr. Brown: Your letter to Mr. Tom Hedges, City Administrator, was received on April 26 and forwarded to my attention for review and•comment. Your letter makes reference to the City's reluctance to relocate or eliminate the Park & Ride site and the City's apparent change of position regarding this issue. Hopefully, this letter can clarify the City's position as a result of your previous requests. In response to a letter addressed to Mr. Hedges on September 28, 1988, the enclosed( memo dated October 21, 1988, was prepared summarizing the issue regarding the Park & Ride site along with other variances to parking lot construction and landscaping standards. In summary, the City is willing to consider the relocation of the Park & Ride site to another acceptable location subject to no costs being incurred by the MTC or the City of Eagan. Therefore,, any relocation cost would have to be the responsibility of the petitioner. THE LONE OAK.TREE.. ,THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY May 8, 1989 Page 3 I appreciate your continued interest in your expansion and remodelling interests for the entire Cedarvale area. Be assured that the City shares this .interest and will be anxious to work with you. Sincerely, homas A. Colbert,'. Director of Public Works TAC/ii cc: Bruce Allen, Engineering Technician Thomas L. Hedges, City Administrator Dale C.Runkle, Director of Community Development Enclosure \� MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: OCTOBER 21, 1988 Bcug. SUBJECT: VACATION OF CEDARVALE eftPVE/PARKING LOT EXPANSION (CEDARVALE SHOPPING CENTER) Recently, you received a letter from Mr. David Brown, commercial property manager for the Upper Midwest Management Corporation (Cedarvale Center) requesting the status of the existing Park & Ride relocation and their request to vacate a portion of the Cedarvale Drive service road. Aviut+ As you may recall, a formal public hearing was held on Sbjcta� N MLth along with a variance request to the City's landscaping requirements, parking lot setbacks and parking lot improvements associated with the expansion of the Cedarvale parking lot facility. The City Council reaffirmed the City standards associated with the expansion of any existing parking lot facility and indicated that they would not be willing to grant any variances to those standards. Also, they gave an indication of support for the relocation of the existing Park 6 Ride facility to another site subject to the condition that there would be no expenditure of City funds for the development of an alternative site. The City staff investigated alternative sites with Mr. Brown and representatives of the MTC. Because of the pending opt -out legislation for MTC service, the MTC indicated they would not be willing to expend any funds for the construction of a relocated Park & Ride site. It is my understanding that Mr. Brown is not willing to designate a portion of his existing or expanded parking lot facility to accomodate the 40+ stall Park & Ride facility. It is his preference to relocate this facility beyond the existing Cedarvale Center site.,: Two other identified locations have been preliminarily deemed acceptable by the MTC subject to construction costs being absorbed by the City. These other locations are on the south side of Cedarview Drive, just north of Cedarvale Boulevard (Old Trunk Highway 13) or the abandoned right of way for Cedar Avenue (T.H. 77) adjacent to the U Haul facility. Each of these alternate sites would require the construction of circulation access roads and/or parking stall pads. l� iummg April 25, 1989 Mr. Tom Hedges City Manager City of Eagan 3830 Pilot Knob Road' Eagan, MN 55122 RLUd Re: Cedarvale 6ccv4ae-Read Dear Tom: This letter follows a recent discussion you had with Bob VanderAarde concerning the vacation of the service road fronting Cedarvale Shop— ping Center. We have had many discussions concerning,this request and it all centers back to the reluctance of the City to relocate or eliminate the Park and Ride. Apparently, this appears to be changing. I am also negotiating with a large tenant who is quite concerned about the parking situation. He may decide not to sign the lease unless I can give him some Assurance that the problem will be looked at. I would like to offer the following proposal: I. City agrees to vacate the service road (I have already filled out the form plus paid $300.00) without con- ditions—meaning that we may, at our option, terminate the Park and Ride agreement with the M.T.C. 2. City approves the variance request as previously sub- mitted and discussed with the following alterations: a) agree to delete the Berm area b) we will put in curb and gutter as requested 3. We will work with City Engineers on proper drainage and tie into sewer system. Upper Midwest Management Corporation 1106.South Broodwoy P.O. Boz 834 New Ulm, Minnesota 5ZD 7 (507) 359-2004 FAX # (507) 354-16 Mr. Hedges -2- April 25, 1989 I am appealing to you to act on our behalf to get this going. Please let me know what you can do. Si( ,�y/��erel�7y yours, db:en David Brown C.S.M. Commercial Property Manager UPPER MIDWESTMANAGEMENT CORPORATION 6 [U::fmmc September 28, 1988 Tom Hedges City Manager City of Eagan 3830 Pilot Knob oad Eagan, MN 55121 R-: Sarvice Road Dear Tom: 10-7- 56+ Q.z, I felt it was important to follow up on the status of Park and Ride and our vacation request for the service road. As you will recall, I made the decision to proceed with the public hearing on the vacation request, but delay final Council action until such time as the Park and Ride relocation was resolved. Could you, or somebody on the City Staff,let me know what is happening and if there is some way we can move the issue along to a resolution? / Sincerel yC%frs, David F3rown Commercial Property Manager Upper Midwest Management Corporation db:en Upper Midwest Management Corporation 1106 South Broadway P.O. Box 8+334 Q44 New Ulm, Minnesota 56 7 (507) 359-2004 1 Page 10/CITY COUNCIL MEETING MINUTES 0;()1 '�/r� August 16, 1988 ll V�1.A9 PARTIAL VACATION OF PUBLIC BIGHT -OF -NAY, CEDARVALB BOULEVARD Mayor Ellison opened the public hearing regarding the partial vacation of public right-of-way, Cedarvale Boulevard. City Administrator Tom Hedges stated the public hearing was originally scheduled for August 2, 1988, but was continued to August 16, 1988, so that the matter could be discussed in conjunction with the variance for parking lot improvements for the Cedarvale Shopping complex item under Old Business. He stated the applicant no longer desired to pursue the variance to City standards for parking setbacks, curb and gutter and landscaping requirements. The excessive right-of-way is a result of the jurisdictional turnback of Old Trunk Highway 13 which was subsequently relocated with the construction of the Cedar Avenue freeway interchange. By vacating the excess right-of-way, the owners of the Cedarvale Shopping Center complex can expand and improve their parking lot facilities. Mr. Hedges stated all notices were published in the legal newspaper and sent to all potentially affected utility companies informing them of the proposed vacation of the excess right-of-way. He stated there are existing private utilities located within the area proposed to be vacated. He stated the resolution vacating the right-of-way, if approved, should reference the vacation of "street" rights while still retaining the necessary underlying utility easements. Mr. Hedges stated Dave Brown stated he would not spend the dollars for a new MTC site. He stated Mr. Brown requested continuance of the vacation indefinitely. Mayor Ellison stated the continuance may last for a long time. Mr. Hedge's stated it could be for one year and that Mr. Brown understood that. Assistant City Engineer Mike Foertsch questioned if a hearing could be held with no decision. City Attorney Jim Sheldon stated the Council could continue the matter for a reasonable period, but not indefinitely. Mr. Sheldon stated reasonable is two months at the most and that the matter would have to be republished in the paper. Councilmember Egan stated he felt a denial was in order. Mr. Hedges stated he would explain to the petitioners what the effect of a denial would be. Councilmember McCrea asked how much it would cost to reapply. Mr. Hedges stated approximately $300.001 but the cost could be waived. Councilmember McCrea stated she felt the merchants were having a tough time and that the City should help them wherever possible. Egan moved, Wachter seconded, the motion to close the public hearing and deny the partial vacation of public right-of-way for Cedarvale Boulevard. All voted in favor. VARIANCES FOR PARKING LOT IMPROVEMENTS (CEDARVALE BOULEVARD) No action was taken on the parking lot improvements for Cedarvale Boulevard as the application was withdrawn. 11 Agenda Information Memo May 15, 1989, City Council Meeting Item 2. Fairway Hills Street Maintenance Agreement (Bridlewilde Joint venture) --Enclosed on pages 20 through Z / is a letter received from Mr. Al Herrmann requesting the City to rescind the special Street Snow Removal Agreement contained as Exhibit "E" to the development agreement for the Fairway Hills 2nd Addition. This request and Agreement pertains to maintaining that short dead-end section of Interlachen Drive leading into the Parkview Golf Course. Enclosed on page '26 -is a map showing the relationship of the street and the particular residential lot in question. Enclosed on page .21 is a map showing the original development plan submitted for approval with the Fairway Hills 2nd Addition which indicated that this stubbed public right-of-way would not have a public street constructed but would have private driveways within that public right-of-way to be owned and maintained by the affected property owners. Enclosed on page � is a layout showing that portion of.public street that was extended to Parkview Golf Course at the request of the developer in consideration.of executing the special S eet Snow Removal Agreement (Exhibit "'E") contained on pages and 2?_(,. During the preliminary plat and development application process, the City's concerns pertaining to creating 'a dead-end street without an adequate cul-de-sac turn -around were explained to the developer, Mr. Herrmann. The following options were presented for Mr. Herrmann's consideration: 1. Dedicate the public right-of-way but do not construct a public street requiring private driveways to be extended to the public street at the intersection of Fairway Hills Drive and Interlachen Drive. The developer would place an escrow with the City to cover the cost of the street extension if, and when, they were ever continued through a futureidevelopment of the Parkview Golf Course. 2. To physically construct the public street to the Park View Golf Course limits with a cul-de-sac to accommodate the public and maintenance vehicles. A reduced escrow would be required to modify and reconstruct this cul-de- sac if, and when, the street were ever extended through a future Park View Golf Course development. 3. To plat Lot 5, Block 3, as an outlot thereby not allowing its development until such time that Interlachen Drive could be extended or constructed with a cul-de-sac. 4. To construct Interlachen Drive to the golf course limits but require the developer and future property owners to assume the snow and ice control maintenance requirements for their private access only until such time the street extension and/or cul-de-sac is constructed. Agenda Information Memo May 15, 1989, City Council Meeting After reviewing all options, Mr. Herrmann elected to proceed with Option #4. Subsequently, the appropriate agreements were prepared, executed and recorded against the affected properties with the approval of the final plat for the Fairway Hills 2nd Addition. Mr. Herrmann contends that this contractual agreement creates a financial hardship on his ability to sell Lot 5, Block 3. The Public works Department is concerned about creating a maintenance and safety problem if this agreement is allowed to be rescinded. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the revocation of Exhibit "E" to the Fairway Hills 2nd Add-ition. AF ; c a 1989 Bridlewilde Joint Venture April 24, 1989 Tom Colbert City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 �prS l3ca3 Fa,a«Av N,<<s 2to,4 Dear Tom, Over the past several weeks, Craig Knutson, Arnie of the public works department and I have discussed the possibilities for snow removal at the east end of Interlachen Drive. The only solution acceptable to Arnie, I am told, is unacceptable to your department. Tom, I am in a catch 22. We did our project the way the city required. We stubbed in a street because the city felt the need to have it there "in case" the golf course was developed,. I realize at the time we had three options. I also realize that had I decided to put in a full cul-de-sac the city would have plowed snow. However, lot 5 block 3, with a normal set back would not have been much of a lot. It also would have substantially hurt the value:of lot 2 block 2 o the other side. At the time, we were told we had no other choice, take one of the three or basically don't develope. As you know, we didn't buy the ground to "hold on to it." We've tried for, now, 1 year to sell lot 4 and 5 block 3, offering substantijal discounts and 5 free years of snow plowing. When the prospective buyers found out that the city had no intention of plowing until the golf course "got developed", they turned their nose and walked away. Tom, we have a difficult problem here. We agreed to what we agreed to in our developers agreement, there is no dispute there, because at the time we felt we had no other choice, short of "sitting on the land" and waiting for a "change of heart".Very few golf courses, because of profitability, turn into housing develop- ments. We certainly understand the city needs to protect itself in case that should happen. Had we sat up against a piece of ground that had a chance of being developed in the reasonable near future, we would have no problem. We have tried our level best to intise buyers to buy to no avail. I personally cannot understand why the department of public works, because of our special conditions 8723 Highwood Way • Apple Valley, Minnesota 55124 • (612) 688-0696 �� here, cannot back their trucks up 90 or so feet to lots that we pay taxes on, particularily when they admit, that in other special instances, they do do this. I did not want to make a formal situation out of this, how- ever, it appears I am left little choice,. If, in your opinion, there is nothing more that can be done with the department of public works and there is no other viable solution for engineering, then I guess I need to take it to the council. Because we are completing phase II of Fairway Hills this spring we wish to conclude this matter. If all else fails, we would appreciate being- put on the May 1 council meeting to discuss this special condition with the council. Tom, two of the best lots in all of the Fairway Hills sub- division have been made two of the worst. Any assistance you can give us in this matter will be greatly appreciated. cc/Tom Hedges S�e 1� Al Herrmann BRIDLEWILDE JOINT VENTURE _ 1 .4 Ilnl 11M1 _ - .,q SCALE IN FAIRWAY HILLS 2ND ADDITION Parkview Golf Course,. • WNlllte III K. IIWNN•NI IUWI uN.ISS OI IILNEIIY SINNN E •1'IYEI ■ JUL" V mwlI'S Ili dcn NT IN K. Namname I Lt, NNutO W.I. ---_ 1tG.0..1lUN W IW°9 uNltN UIIIEN•IEE YU°N Int $Win LINt W Ink Ntff .'I W TIIt NMI.•k%I W W EEC 14, 1 El, N IJ ..% IN llluNEU ""IN& W i •N•4 m t -1 IIINU1t5 Nltinl W NECE>a MUIC•IED FO IMP I& C"IT OURAIM YID UTYT7 EA"IfMH Yi MOM TWO: i allw, a fktl ,N °IDI. YMININL Wl luta, .WtSS // / \ UIMI%MjH 11NAM&D. lW 101W W tIUTN YMDIlgW ✓J k�p� MMLLI llNtl la fN11tN WI INt Pell I!Al •/• I All t -- - - •�1yi! Jhlr��lj •'ya T•u �� Ol3l lam., �I L1 .•/f.1 �'01. `Il �_ t Z S '.t E A' + IiNN N 4.1ti JIAC'JI14'R ii!<t!r._%l c'- r:p• Aplw r SONNJED, / .�., •E t�.aw:.�a'...r.rr IL TMw✓ /YI Q YI I, 2/ I •" E �{0.1a'v'.••'[.IN{,i 4uW� :�+ ' a �• LL A _s a1T1 OT O Y �` ,fOLE,EAGII,IINC 7 ,' [ASLNLMT t ` CCC w•a /� \e � r ' { / �7 �ry iy/"' A%rY� � , 1'1 �' , l.". � b/�� ,/ • •tom .T. _ 4�.e ,, �..// h ' % •`��\�ul Nn ,w.,+��h�••. 0� \ _ y1r-'=l I�iYI - Y e d OUTLOT A Y i. OUTLOT C �W17KTWf LAS I MO,i t{ (uM o � I •'r C T G 6. A. H. HDAD) +41 iNO.]I ..n u• l� r auw _ . __�_i t M M H' W •1767°.. , t. 1 _— W "'U'ii -' Parkview Golf Course i J 5'FF O M Ui N N H 0 --LWARMV/ • r , w n \` W ' Y BENCHMARK:. TOP NUT OF HYDRANT BETWEEN LO \ V ON FAIRWAY HILLS DRIVE, FAIRWAY HILLS IST ADD �� / ��� \•_ \ / �j / Contact Person In Lee Compl I C- / I � I / / eSTA. 13+35.73\ BEGIN CONST. \I yyPl'0� RAN 499 S, 1\ e'\IP 3: 9 - 9 , I i L 0 1 //\O 9O Q~ i0 \ /-� ��69 15 1x30 p3 s !s o ' 3 2 17. TO SACK rsCMED P.T. I RWAY 3 P.V.I. STA B+DO P,Y.1. ELEV. =1036.15 M = 0.06 21 �4f OP Oh hry �ry f! -f! STA. 15+81.45= .. .. .. STA. 11+91.20 5 yCf V s INDICATES PNASE LINE SCALE: 100' V.C. . .................. RV. 1. STA. 10+00 .ELEV.? 104D.15 ....... ...... ...... _":..: y M=0.02 f) .. _ .-- 'L -c sTA. 10+76.64= STA. 8 + 87.89 13 e •s -6E 14Cp � BENCHMARK:. TOP NUT OF HYDRANT BETWEEN LO \ V ON FAIRWAY HILLS DRIVE, FAIRWAY HILLS IST ADD �� / ��� \•_ \ / �j / Contact Person In Lee Compl I C- / I � I / / eSTA. 13+35.73\ BEGIN CONST. \I yyPl'0� RAN 499 S, 1\ e'\IP 3: 9 - 9 , I i L 0 1 //\O 9O Q~ i0 \ /-� ��69 15 1x30 p3 s !s o ' 3 2 17. TO SACK rsCMED P.T. I RWAY 3 P.V.I. STA B+DO P,Y.1. ELEV. =1036.15 M = 0.06 21 �4f OP Oh hry �ry f! -f! STA. 15+81.45= .. .. .. STA. 11+91.20 5 yCf V s INDICATES PNASE LINE SCALE: 100' V.C. . .................. RV. 1. STA. 10+00 .ELEV.? 104D.15 ....... ...... ...... _":..: y M=0.02 f) .. _ .-- E=11RIT "E" CITY OF EAGAN FAIRWAY HILLS 2ND ADDITION STREET SNOW REMOVAL THIS AGREEMEUT, made and entered into.theZz�(— day of 198x, by and between the CITY OF EAGAN, a Municipality o the State of Minnesota, (hereinafter called the.CITY), and the Owner and the Developer identified herein. The term "Developer" as used herein refers to BRIDLEWILDE, JOINT VENTURE whose address J83 8723 Highwood Way, Apple Valley, Minnesota 55124. The term "Owner" as used herein refers to PROPERTIES, a Minnesota General Partnership whose address.. is 8723 Highwood Way, Apple Valley, Minnesota 55124. WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known as FAIRWAY HILLS 2ND ADDITION, located within the City; and { WHEREAS, the street described as Interlachen Drive will be extended east of Fairway Hills Drive; and WHEREAS., the future extension of Interlachen Drive is. anticipated to be made possible by development and subdivision of the parcel east of Fairway Hills 2nd Addition; and WHEREAS, the owners of Lots 4 and 5, Block 3, agree to maintain their private driveway within public right-of-way. NOW, THEREFORE, the City, owner and Developer agree as follows: 1. Recording. This Agreement shall be recorded with the Dakota County Recorder so as to provide notice to the owners of all of the lots in Fairway Hills 2nd Addition. The Owner shall �K provide and execute any and all documents necessary to implement the recording of this Agreement. 2. Costs of Snow Removal. The cost and removal of snow and ice from that part of Interlachen Drive east of Fairway Hills Drive shall be borne by the Owners of lots 4 and 5, Block. 3, until such time as Interlachen Drive is further extended to the east. 3. Notice. The recording of this document shall constitute notice to all owners and future owners of property in the Fairway Hills 2nd Addition. 4. Validity. If any portion, section, subsection, sentence, I clause, paragraph or phrase of this agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Contract. 5. Binding.Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable agreement shall run with the land herein described and shall be binding upon the heirs, successors, administrators and assigns of the owners and developers referenced in this Contract. IN WITNESS WHEREOF, we have hereunto set our hands. CITY OF EAGAN (Date: . ). By: L7 (-,U/� ItsqCk Attest: Its THIS INSTRUMENT DRAFTED BY: Hauge, Eide & Keller, P.A. Attorneys for the City of Eagan 1260 Yankee Doodle Road, #200 Town Centre Professional Bldg. Eagan, Minnesota 55123 (612) 456-9000 OWNER AND DEVELOPER: BRIDLEWIDE PROPERTIE By: Dalewood.,.Inc. Its: General Partner BY6 liz4r D rrick Date Its: President 2 Agenda Information Memo May 15, 1989 City Council Meeting There are thirteen (13) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Seasonal Workers -- After interviews, it is the recommendation of the respective supervisors that the following persons be hired as seasonal workers: Seasonal Parks Maint. Worker: Seasonal Park Attendant: Seasonal Concession Worker: Seasonal Utility Maint. Worker: Troy Christopherson Brent Eichten Matt Pieck Steven Kennedy Lei-Lani Dick Wendy Foreman Christopher Wareham Debbie Buntjer Andrew Dornseif Jason Krueger Brian Schweitzer Jaimison Sloboden Brian Washak ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of the seasonal workers listed above. Item 2. Police Sergeants -- After testing, an oral board and psychological examinations, it is the recommendation of Chief of Police Geagan that Officers Kenneth Conyers and Randy Larson be appointed sergeants in the Police Department to fill the vacancies created by the recent lieutenant appointments. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointments of Kenneth Conyers and Randy Larson as sergeants. Item 3. Informational -- The following is a summary of the names and positions of new employees whose hiring was approved at the 5-2-89 City Council meeting, but whose names were not listed: Planner I - Marlene Zaleznick; Administrative Intern - Jeffrey Weldon; and Street/Equipment Maintenance Worker - William Gallagher. Since the hiring of the above personnel was approved at the 5-2-89 meeting, this item is informational and no action is required. NO ACTION IS REQUIRED ON THIS ITEM. 07 Agenda Information Memo May '15, 1989 City Council Meeting PLUMBERS LICENSES B. Plumbers Lfcense"sr-There are four (4) firms who have applied for a plumber's license. All applicants have satisfied the City Code regulations and are in order for consideration. The list of plumbers licenses include the following: 1'. Dalby Plumbing 2. June Plumbing and Heating 3.. McQuillan Brothers Plumbing and Heating 4. H.O. Soderlin Inc. ACTION TO BE' CONSIDERED ON THIS ZTEM: To approve the plumbing iicenses;as presented: PROCLAMATTONINATIONAL FLAG DAY C. Proclamation for National Flag Day, June 14 --The City has received information from the National Flag Day Foundation suggesting a resolution to proclaim National Flag Day June 14, 1989..For a copy of the proclamation, refer to page For additional background information for the "Pause for the Pledge of Allegiance" and National Flag Day Foundation, refer to page 3 D ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim National Flag Day, June 14,, 19.89 and ask that Eagan residents pause for the pledge at 6,:0'0 p.m. central standard time. Mrs. Nancy Reagan Honorary Chairman National Pause for the Pledge Program Presldenl Louis V. Kcerber President Buell Paints. Inc Vice Prgldenl Richard M Patterson CLU. Ch FC Massachusetts Mutual Life Insurance Company Tredsum William T Murray III Executive Vice President First National Bank of MD Sema'. Herbert E % uz Esq Attornee at Lain Directors . George V. McGotran Chairman of the Board Baltimore Gas 5 Electric Cu James McManus Ihm McKay) Sports Commentator Journalist ABCTeleelsion Nermork Jack Moseley Chairman of the Boe,d U 5 FGG. Brooks Robinson Baseball Hall of Fame Henry A Rosenberg Ir Chairman of the Board Crown Central Peaeleum General John e' Vtsse_t It USA [Ret I Former Chairman tont Chaels of Staff The Pentagon Dr Milton S Eisenhower (1999-1985) NATIONAL FLAG DAY FOUNDATION, INC. 418 South Broadway * Baltimore. Maryland 21231 * (3011 563 -FLAG SAMPLE PROCLAMATION FLAG DAY ■ N F O F; M A T■ O N PROCLAMATION NATIONAL FLAG DAY June 14, 1989 WHEREAS, by Act of the Congress of the United States dated June 14, 1777, the first official flag of the United States was adopted; and WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year was designated "National Flag Day;" and WHEREAS the Congress has requested the President to issue annually a proclamation designating the week in which June 14 occurs as National Flag Week; and WHEREAS, on December 8, 1982 the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE of Allegiance as part of National Flag Day ceremonies; and WHEREAS, the President of the United States at the National Ceremony held in Baltimore, Maryland on June 14, 1985, led the Pledge of Allegiance; and WHEREAS the year 1989 will be dedicated to the commemoration of the Bicentennial of the United States Congress; and WHEREAS, Flag -Day celebrates our nation's symbol of unity, a democracy in a republic, and stands for our country's devotion to freedom, to the rule of all, and to equal rights for all: NOW, THEREFORE I (Your Name and Title), do hereby proclaim June 14, 1989 as Flag Day in (Your State) and urge all citizens of (Your State) to pause at 7:00 P.M. EDT on this date for the tenth annual PAUSE FOR THE PLEDGE and recite with all Americans the Pledge of Allegiance to our Flag and Nation. Annual Pause For The Pledge of Allegiance * FLAG DAY USA * June 14. 7.00 p.m. Itu,l NATIONAL Y FOUNDATION, Maryland 21231 * (301) Mrs, Nancy Reagan Hmlonary Chainnml National Pause for Ire CONCEPT PAPER Pledar Program * "I pledge allegiance to the Flag of the United States Louis +' Kx:Ber Low of America. and to the Republic for which it stands, President one nation under God, indivisible, with liberty and Budeke-Pain:, Inc justice for all" Vi". P"pdr,11 Richard M PanerRon CLU CrFC +,a�sachuse::a %!,;uai La, The concept of the annual PAUSE FOR THE PLEDGE OF ALLEGIANCE on National Flag Day: Insurance Compam Trceuun William T+wrra m All Americans everywhere will pause for a moment on June 14 at 7:00 P.M. (EDT) to say r,., P._- 'sen: simultaneously the thirty-one words of the Pledge of Allegiance to the Flag. The effect of this simple Firs[', a;MD ceremony each year is a stimulating patriotic experience at home and a sign of unity abroad. This ... Herder, L ++ h esp concept transcends age, race, religion, national origin and geographic differences. .Anomer a I -a' °unto`' George + a1, Jun an The Ninety -Ninth Congress passed, and President Reagan signed on June 20, 1985, Public Chairman of tie Boar.' Law 99-54 recognizing the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of National Flag Balim,,, ca• r- e" u", co Day ceremonies. In 1987, Mrs. Nancy Reagan became Honorary Chairman of the National PAUSE lames :dal„^J= [Jim ,+Icr ... FOR THE PLEDGE OF ALLEGIANCE program. ABC e,i�"- "„ `,- The idea of the annual PAUSE FOR THE PLEDGE OF ALLEGIANCE originated in 1980 at lack lack >.I,•�,e. Chaff-: 9 ,- B. a,� The Star-Spangled Banner Flag House in Baltimore, Maryland. Since then, the concept has swept us Fr.:, across the country in a grassroots movement supported by a broad spectrum of individuals. B°F•o.n I organizations and businesses. Appropriate local Flag Day ceremonies of many kinds are held in Basch.” Ha: . Fame Henn A R_ -=t ibe R ;. every state fn conjunction with the National PAUSE FOR THE PLEDGE OF ALLEGIANCE ceremony Char:ma- ,, :`e F. a-- at Fort McHenry. Governors and Mayors across the country have joined in our National program Cio,, Cenva P, year. eenerarlo^-+% %-- USA iRe: I USA Former Cha• -ma, enr: C- ei. The Flag House was the home of Mary Pickersgill, who created the 42 foot by 30 foot Star - or Stah The Rc,Iapn Spangled Banner which flew over Fort McHenry during the War of 1812 and inspired Francis Scott o: +uhon s e[senho%%er Key to write our National Anthem. (1800 19851 The National Flag Day Foundation, Inc. was created in 1982 "to conduct educational programs throughout the United States in promotion of National Flag Day and to encourage National patriotism by promotion of the PAUSE FOR THE PLEDGE OF ALLEGIANCE:' The progress made nationally by our volunteer group since the origin of the concept in 1980 demonstrates clearly that the American people are indeed ready for the opportunity to join together in honoring Flag and Country. This annual Flag Day program presents a "natural stage” on which all Americans gather — a united people in the United States. Annual Pause For The Pledge of Allegiance * FLAG DAY USA * June 14, 7.00 p.m. IEDT -f)b Agenda Information Memo May 15, 1989 City Council Meeting AUTHORIZATION TO.ALLOW.CROP'PLANTING/CITY PROPERTY D. Rental, One, Year Rental of City Parcel for Crop Planting --With the exception of'the 4 million gallon reservoir project, there are no plans to improve property that was recently acquired from HUD for a community athletic complex. The City has been contacted by a farmer, Mr, Cliff Kirschner who has agreed to pay $20 an acre rent to grow soybeans on the property. This proposal was reviewed as an additional item ofbusiness at a recent City Council meeting .and the City Administrator was directed to further review the rental fees and suggest that the farmer make payment in the amount of $40 per acre. The Director of Parks and Recreation has met with the party and for reasons stated in the memo attached on page S -L, they are only willing to make payment in the amount of $20 per acre. For the reasons stated, staff is recommending acceptance of the proposal. ACTION TO HE CONSIDERED ON THIS ITEM: To approve the rental of a parcel recently acquired from HUD for farming purposes at the rate of $20 per acre. 3l MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR ROM: KEN VRAA, DIRECTOR OF PARKS 6 RECREATION Y DATE: MAY 1, 1989 RE: THE FARMING OF HUD PARCEL Earlier we discussed rental costs for the HUD parcel for farming purposes. You had indicated the Council thought rental fees should be $40.00 an acre, rather than the proposed $20.00 an acre. It is my understanding that the farmer is not willing to pay $40.00 an acre, (1) because he has previously farmed this property and feels the land is marginal farm land. (2) the parcel is relatively small and remote and at $40.00 an acre it is not worth his effort (3) due to the fact that the property has not been farmed or tilled in the last three years the preparation for seeding will be more difficult, perhaps requiring an application of round -up before seeding. (4) Another farmer was not interested for the above reasons. From this department's prospective, our primary objective is to see the property tilled, thus turning the surface of vegetation into the soil so it can begin the decomposition process. If we demand $40.00 an acre, this farmer will not farm the property and we will be put into a position where we must find someone else to farm the property or pay someone to work the soil. Farmers, are well into the planting season and time is growing short to find another individual to farm the property. It's my recommendation, since you have approved the $20.00 per acre fee, that we can proceed with renting agreement with the farmer by the time you receive this KV/bls 3-.�- City revert back to the the land. I expect an memo. Agenda Information Memo May 15, 1989 City Council Meeting CIGARETTE LICENSE E. Cigarette License for Crown CoCo Inc. for Eagan E -Z Stop --The City has received an application for a cigarette license from Crown COCO Inc., to operate the Eagan E -Z Stop at 4195 Nicols Road. The license application is in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the cigarette license for Crown COCO Inc., for Eagan E -Z Stop located at 4195 Nicols Road. GAMBLING APPLICATION/4TH OF JULY CELEBRATION VALLEY VIEWERS 4-3 CLUB F. Gambling Application - Waiver, Bingo, 4th of July Celebration, VAlley viewers 4-H Club --The City has received an application for a bingo license from the Valley Viewers 4-H Club for an activity on June 30, July 1, 2, 3 and 4 for the annual July 4th celebration. The Valley Viewers 4-H Club is also requesting action by the City Council to waive the 30 day waiting period normally required by the Minnesota Charitable Gambling Control Board. For a copy of the application, refer to page ,. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Valley Viewers 4-H Club application for a bingo license to be used at the July 4th celebration on June 30, July 1, 2, 3 and 4. Minnesota Charitable Gambling Control Board LAWFUL GAMBLING EXEMPTION g._ Room N475 Griggs -Midway Building FOR BOARD USE ONLY 1821 University Avenue ' St. Paul, MN 55104-3383 :1 (612) 642-0555 IVU INSTRUCTIONS: 1. Submit request for exemption at least V days prior to the occasion. 2. When completing form, do not complete shaded areas until after the activity. 3. Give the gold copy to the City or County. Send the remaining copies to the Board. The copies will be returned with an exemption number added to the form. When your activity Is concluded; complete the financial PLEASE TYPE information, sign and date the form, and return to the Board within 30 days. OrpeN/a 1e n Normo Number of Members Dcarem Number Of currently or prevlously , .: f H r V f I it I� - VA L L( / V I E tV I� I) ! L V t, J Sr licensed) end/or Permit number. F y c .-` ; T r i] 1!,3 I A •. Address City State 123p County ;7)31•d •,E 6jn).t- fti1N 55337 C,At:c n Chief Executive Officer's Now Phone Number Manager's Name Phone Number LA•.uQ.ErdrE LIS'S'i F 5A11 -r ( ) Type of Orgenlzalion If Other Nonprofit Organization (Check One and anach proof of nonprofil ml ❑ Fraternal Veterans ❑ IRS Designation ❑ Religion Other Nonprofit Organization ❑ Incorporate with Secretary of State Attach proof of three years existence ❑ Affiliate of Parent Nonprofit Organization Noma of Premises Where Activity Will Occur Galata) of Activity, Drawing(s) Rh o ?AF S ti ;. JCE 3.1 3 UL 14 1 1 11 ?i Y Premise, Address City Stale 1 ( ZIP, County L:(r_,�f.� (`AIvlj Ac,n>J f•,\wk, „strz [_,At.11A Expenses Market Value Game Yes No Gross Receipts Cost of PrizeB Profit of Prizes Bingo �( Rattles Paddlewheels x Tipboerds C Pull -Tabs Use of Profit Distributor From Whom Gambling Equipment Acquired I affirm all information submitted to the Board is true, accurate• and complete. Chief Executive Officer Signature Dale affirm all financial information submitted to the Board is true, ccurate, and complete. Signature ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY Dale I hereby acknowledge receipt of a copy of this application. By acknowledging receipt, l admit havingb6�[� served with notice that this application will be reviewed by the charitable Gambling Control Board and will become effective B� E ys from the date of receipt (noted below) by the City or County, unless a resolution of the local governing body is passed which specifically disallows such activity and a copy of that resolution is received by the Charitable Gambling Control Board within days of the below noted date. CITY OR COUNTY TOWNSHIP /T Signawre Name (Must be nouned when County Is the approving body) Title 6 1Date Received (Tine Dote Received - ),:,- ,LF 1i y C_.41/� _ :,— - 1'7 CG -00020.02 (8/88) White — Board Canary — Board relums to Organization to complete shaded areas. Pink—Organization Gold — City or County .5f Agenda Information Memo May 15, 1989.City Council Meeting CARRIAGE HILLS GOLF COURSELMINIMIZE IMPACT OF GOLF _BALLS G. Carriage Hills Golf Course, Improvements to Minimise Impact of Golf Balls on Adjoining Neighbors --At the May 2 City Council meeting,, the aforementioned item was continued allowing Mr. Smith an opportunity to propose a suitable solution to the high frequency of golf balls striking personal property and threatening the safety and welfare of residents living adjacent to the course. The City Administrator had sent a letter to Mr. Smith dated April 11 and a co y of that letter is enclosed on pages __5Ct through Mr. Smith's response dated April 28, enclosed on pages through !4 , was not received in time for a proper response and discuss --ion by the City Council at the last meeting. Apparently, the alternative explained in Mr. Smith's letter as Alternative #1 has reduced the frequency of golf balls to a level of satisfaction by the adjoining neighbors. The City Administrator has spoken with Mr. Smith, who appears to be in agreement to leaving the tee box at the new location and shortening the distance of that hole. The City Administrator also explained that it would be difficult for a local government entity to appropriate money for improvements or operations benefiting a for-profit business,. Therefore, the response on behalf of the City was to not participate in the $3,500 for reprinting the score cards and cost for remeasuring and re -rating the course by the Minnesota Golf Association. It is recommended that a letter to Bill Smith, owner of Carriage Hills Golf Course;, informing him of the Council's action be authorized to bring a proper closure to the problem. Any solution, including the moving of the tee box, will not completely eliminate a golf ball straying onto private property adjacent to the course. A copy of the proposed letter to Mr. Smith is enclosed without page 'number.. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize a letter tc Bill Smith, owner and operator of Carriage Hills Golf Course, informing him of the Council's action. SPECIAL NOTE: For additional background information on this item, refer to pages 4.1 through 47, Old Business for the May 2, 1989 City Council Agenda Packet. 35 3630 PILOT KNOB ROAD, P.O. BOA 21199 EAGAN. MINNESOTA 55121 PHONE (612) 4564100 April 11, 1989 Mr. W. B. Smith Carriage Hills Golf Course 3535 Wescott Hills Drive Eagan, MN 55123 RE: Striking of golf balls onto private property on 12th hole of Carriage Bills Golf Course Dear Mr. Smith: McAl ibry nbM* EGAN MD K GkOAFSON PAW LA McCREA DEODOM WAC!RER calce Nw� 1100 HEDGES o, Aar** a 91GM VAN OVEISM o., C� Various departments within the City of Eagan have continued to puruse options available to the city, the golf course, and the adjoining residents to relieve the number of golf balls, and the property damage caused by them, along the 12th hole. The City of Eagan is committed to protecting the personal safety, as well as the property, of those residents. Last fall we met with Tom Westbrook and Joseph Lulic, who spoke on your behalf. One of the options discussed at that time was the construction of a net barrier to be erected along the 12th fairway. City staff has determined that the cost of the netting, of a reasonable quality, the purchase and erection of supporting poles, and the necessary hardware to be approximately $13,000. This net would only be 25 feet nigh and is not believed to be high enough to catch those balls that would potentially cause personal injury or property damage. A net of any greater heigth would be substantially more expensive. Of course,these estimates do not include the lowering of the 12th tee which was to be undertaken by Carriage Hills Golf Course. Based on the City's review, we do not believe that a net would be an effective, cost efficient manner of correcting this problem. The City of Eagan continues to believe that the realignment of two or more of the holes on the Carriage Bills Golf Course is necessary to correct this problem. The City of Eagan is willing to participate in a reasonable way in the cost sharing of the engineering or construction costs of such a realignment. I invite you or your representative to discuss these options further with the Director of Parks end Recreation, Ren Vraa. THE IONS OAK TREE TIE SYM bM OF STRENGTH AND GROWN N OUR OOBOAMN 3(40 Mr. W. B. Smith April 11, 1989 Page 2 on September 30, 1988, you were sent a letter by Patrick Geagan, now Chief of Police for Eagan. You were advised that the City of Eagan was contemplating the prosecution of a criminal action against yourself if this nuisance were allowed to continue. You should be advised that the City of Eagan still intends to pursue such an action unless measures to substantially reduce the number of golf balls which could potentially cause personal injury or property damage along the 12th fairway. The City of Eagan requests that you respond no later than April 30, 1,989 by commencing constructive discussions or measures are being taken to alleviate the problem. We welcome your participation in trying to jointly bring about a solution to this issue without thenecessity of litigation. TLB:mka cc;c, Joseph F. Lul'ic Sincerely, Thomas L. Hedges City Administrator 31 Mr. Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55121 April 28, 1989 Dear Mr. Hedges, In response to your letter of April 11, 1989, I prepared a cost estimate for realigning the 12th and 18th holes of Carriage Hills Golf Course. This estimate was discussed and given to Mr. Vraa during a meeting at the golf course on Wednesday, April 26, 1989. Hopefully you have had a chance to review these figures. Although realignment would reduce the number of balls striking on private property, we feel the cost ($32,500.00) coupled with the loss of income we would incur during construction, makes realignment impossible. Obviously, the City of Eagan, would have a difficult time justifying this expenditure on a private business, not to mention the precedent it would set. What would prevent all other homeowners adjacent to the course from demanding the same? In view of this, Carriage Hills would like to propose these alternatives: P 1. #12 Tee Box Location: Move the present tee box on *12 t57 the south side of the pond, and play the 12th hole as a par 3. This would automatically eliminate the risk of golf balls striking on six properties adjacent to, or in back of the tee box. Properties farther down the fairway should not cause a problem as golfers will be hitting irons instead of woods. Moving the tee box will diminish the integrity and balance of "The Golf Course" causing three par 3's on the back nine. A regulation balanced nine, requires two par 3's per nine. We would sacrifice these points if "The City" would pay for replacing 30,000 obsolete score cards and the cost of measuring and re -rating "The Course" by the Minnesota Golf Association. (Approximate cost $3,500.00) 2. Netting: If the City still receives complaints and you feel there is a threat to sa-fe.ty, I will allow the City to erect a net along the west edge of the 12th hole. After checking with other courses with similar problems, I believe the net process would work and estimate the cost of a n'et 450 feet long and 50 feet high to be less than the $13,000.00 originally estimated by "The City" for a net 1/2 this size. It.is my understanding that the homeowners do not approve of a net because it will obstruct their view. However, if safety is the, number one concern, I feel a net is the only reasonable alternative. 3. L-itiga,t:ion: If complaints still exist, I suggest "The City" carry through on its threat of filing a criminal charge against me for operating a public nuisance.. However, I must direct your attention to the fact that on February 27, 1987 in Dakota County Court, Division 5, #5-3-21762,Carriage Hills was acquitted of any negligence or finding of nuisance,. Specifically: "A landowner has a duty to exercise reasonable care in the construction of structures on his property. However, the duty is Limited to damage which is foreseeable." In the instant case, when the 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. Furthermore,. the "Golf Course" has taken some precautions to prevent injury; and the precautions are reasonable in light of the potential danger. "The Golf Course has not breached the duty it owed to the landowners who built adjacent to the 12th hole. Because there is no finding of neglitgence on the part of the Golf Course, under the Highview decision discussed, Supra Minnesota Statute 561.01 does not allow a finding of Nuisance." 4. Rezone: Throughout all the meetings, letters, and phone calls, I get the impression that the City has taken sides on this problem. Having the golf course desist for some other type of development maybe the final solution. Sincerely, W. H. Smith, Carriage Hills Golf Course Agenda.Information•Memo May 15, 1989, City Council Meeting• SURPLUS CITY VEHICLES/RBCBIVE BIDS'/AWARD SALE H. Surplus City Vehicles, Receive Bids/Award Sale, Units #104, #503 and'#505--A bid opening was held at 1:OO p.m. on ,Friday, May 12, to consider the sale of three surplus City vehicl S. A copy of the .advert seaieryt for sale is enclosed on page 4L. Also enclosed on page, is•a tabulation of the bids received. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids and to award the sale:to the highest bidders. q0 CITY VEHICLES FOR BALE Unit 1104 - 1982 Chev 5-10. Pickup with tool box, 2.8L, V6, automatic transmission, A/C, 65,000 miles, VIN - 1GCBS14B2C145988 Unit #503 - 1984 Ford LTD. 351, V8, automatic transmission, A/C, 95,000 miles. VIN # - 1FABP43G11EZ1586658. Unit #505 - 1984 Chev 1/2 Ton short box, 4.1L, 6 cylinder, automatic transmission, A/C, 73,000 miles, VIN # iGCCC14DXEJ157432. Sealed bids will be received at Road, until 1:00 p.m., May 12., the outside of the sealed bid. Eagan Maintenance Facility, 3501 of 7:00 a.m. and 3:00 p.m. Eagan City Hall, 3830 Pilot Knob 1989. State each unit number on Vehicles can be examined at the Coachman Road, between the hours SURPLUS CITY VEHICLES UNITS 104, 503 AND 505 BID TINE: 1:00 P.M. BID DATE':. FRIDAY,, MAY 12, 1989 UNIT #104 - 1982 CHEVROLET S-10 PICK IIP 2. Dirk Houser 3. Bidders Total Bid 1. Byron Olson $1,976.00 2. Dan Helgeson 1,4'00.00 3. Don Beseau 1,351.00 A. Mark Reich 1,056.00 5. Jon Oyanagi 1,032.00 6. Erik Johnson 9.05.00 High Bid .....,....,.....,....... ............:.......•.... $1,976.00 UNIT #503 — 1984 FORD LTD Bidder 1. Dale Schoeppner $1,111.00 HighBid..,,..,........,..............,.................,.•..$1,111,.00 UNIT #505 - 1984..CHEVROLET 112 TON PICA DP Bidder 1. Byron Olson 2. Dirk Houser 3. Don Beseau 4. Erik Johnson $2,945,.00' 2,600..00 1,857.00 1,'005.00 High Bid ... _ ...................... ....................$2,;94'5,.00 q Agenda Information Memo May 15, 1989, City Council Meeting APPROVE SPECS/AD FOR BIDS/SEWER VAC -ALL I. Vehicle #219, Approve Specifications/Authorise Ad for Bids (Sewer vac -All) --In accordance with the approved 1989 Budget, the Public Works Utility Maintenance Division has proceeded with the preparation of detailed specifications to allow the competitive solicitation of quotes for the acquisition of a Sewer Vac -All maintenance machine. This piece of equipment will allow the maintenance operations to remove silt, sand, sludge and other related debris from our sanitary and storm sewers rather than having them continually flushed downstream. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the specs for Vehicle #219 (Sewer Vac -All) and authorize the advertisement for a bid opening to be held at 10:30 a.m., June 15, 1989. FINAL PLAT/WHISPERING WOODS 4TH ADDN J. Approve Final Plat, Whispering Woods 4th Addition --Staff has received a request for final plat approval for the Whispering Woods 4th Addition located west of Slaters Road and §outh of James Street as shown by the plat contained on page Y All conditions placed on the preliminary plat approval of April 5, 1988, have been satisfactorily complied with. All final plat application material has been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Whispering Woods 4th Addition and authorize the Mayor and City Clerk to execute all related documents. �3 r 1--1::':::.,I 1t1.__,:.:�.:,, I► �. , -- , i�,r , - 1 III !III ,' 41i� ' _ I 'i� I r.o° 1+•r.a• I' eu-• , 1 , w � } � w �•p... ,ill :,\ III = •,11 O +.9.-•°•�.• �\, A 1 - 1 r •YAC. 1 ♦Y �• •. 1 I 1 i•%.: f 9h Ilc.. n Ila r •Ifpll ' 1't.., NI 1,, 1 .. • ' (, rf. ISI"1'..111:.\1111 1 11141 1•.\:'-11-'1 fnIL 11L51_, ,w !1611 1',, vl Ile. 1_,Lt,n l'n lllgl--- I 91411 13 C ,i w+ , � °�� �E{� SSIS j IS E .4•t� �$ E 11,1 MIN .r T rIB1.__ �t7Ir7 O � •s -� O ]III �- I, , 1• II11 i! (�i•• Il l,,l;jl:�I; i?r�;`i ll! �Jl ]i It'll ,11 I ; °{ 5 II 11•.EI i. Il,Ilil,..,jll'j�(1'I,I T !'gtt'lil111(IS D �� 1 1 1111 I i � 11'•-, II -1 ]11;5=-lli 1: :-:!!;I D Ii„I,.,i -a!;l ll�'l I.: 1 lif:iI •, ! i! Z 2 U3 Agenda Information Memo May 15, 1989, City Council Meeting RECEIVE PETITIONIAUTHORIZE FEASIBILITY REPT/CLIFF RIDGE R. Project 570, Receive Petition/Authorize Feasibility Report (Cliff Ridge - Storm Sewer) --The City has received a petition requesting the installation of storm sewer facilities for the Cliff Ridge Addition located north of Cliff Road between the ChesMar East and Oak Chase Additions. All appropriate guarantees were executed along with the petition requesting this improvement. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for Project 570 (Cliff Ridge - Storm Sewer) and authorize the preparation of a feasibility report. AUTHORIZE SIDS/WTR TREATMENT PLANT/DEHUMIDIFICATION L. Contract 89-14, Approve Plans/Authorize Ad For Bids (Water Treatment Plant - Dehumidification --The detailed plans and specifications for the installation of. a dehumidification system for our Water Treatment Plant has now been completed and is being presented to the Council for consideration of authorizing the advertisement for competitive bids. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 89-14 (Water Treatment Plant - Dehumidification) and authorize the advertisement for a bid opening to be held at 10:30 a.m., June 1, 1989. VACATION/WHISPERING WOODS 4TH ADDN 4 M. Vacate Public Utility Easements, Receive Petition/Order Public Hearing (Whispering Woods 4th Addition --With the development of the Whispering Woods 3rd Addition, it was required that several easements be dedicated to accommodate temporary storm sewer and ponding facilities until such time that the 4th Addition would proceed with final platting. It was intended that while these easements would be formally drafted and executed, it would not be recorded until necessary. However, they were inadvertently recorded with Dakota County and should now be vacated as adequate easements at different locations are now being provided with the final plat of the Whispering Woods 4th Addition. Although the final plat for the 4th Addition is scheduled for formal approval, it will not be recorded with Dakota County until the vacation public hearing process has been completed. V -S Agenda Information Memo May 15, 1989, City Council Meeting Enclosed on page�� is a letter staff received from property owners located within the Oak Cliff development immediately adjacent to the proposed Whispering Woods 4th Addition. Their concerns along with engineering correspondence and maps have been previously forwarded to the City Council as a part of the Informative Memo dated May 5. The Engineering Division has done a detailed review of the proposed drainage plan and feel confident that it adequately addresses any drainage problems potentially affecting Mr. & Mrs. Felker. The previous storm sewer outlet, while undersized, was only temporary and always intended to be replaced by a larger pipe with the proposed 4th Addition. If the Council feels that additional discussion is warranted, this item should be removed from the Consent Agenda and discussed later in the meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate utility easements (Whispering Woods 4th Addition) and schedule a public hearing to be held on June 6, 1989. t -k6 Dave and Linda Felker 2252 J-ames St. Eagan, MN 55122 Phone: H 895-9909, 'W 688-8625 May 11, 19.89 Mayor. Vic Ellison City of Eagan Eagan,. MN 55121 Dear Mayor Ellison: AMERICAN FAMILY We again ask your support for what is to us a serious problem concerning the drainage of Whispering Woods.14Zh- On May 4'th, we called Mike Foectsoh to see if any developments had occurred about the drainage. He said the city had accepted a prlo;posal from Scott Hilla and it would be approved at the next council meeting on May 15th. We met with Mike late on the 5th to see what the proposal entailed. We, .as the public, do not think that five working days is a reasonable amount of time for us to have an independent siting survey done, retain legal counsel, and contact an engineering firm for outside verification. We have accomplished the first two with Tri -land Co. Surveying, Services and Gary Fuchs, attorney. It has taken Scott Hilla over a year to present this proposal and we feel the public, should have adequate time to respond. Over two years ago, before we purchased our house, Scott Hilla installed a drainage pipe on our Property bulldozing trees in the process. This was done to drain the Whispering Woods Addition, because his engineering firm said the design would work-. This outlet will be abandoned in his proposed.plan. If the engineering firm he hired was in error on that occasion, how can we be assured his engineers are not in error again? (Please see enclosed letter.) We ask that this not become a consent item at the next city council meeting until we,. the public, have a sufficient amount of time to respond to this proposal, for which the city will assume liability when it is accepted. Thank you for your attention to this matter. Sincerely. Dave and Linda Felker Eagan Residents \V1 Agenda Information Memo May 15, 1989, City Council Meeting FINAL ASSESSMENT HEARING/MALLARD PR STLIGHTS A. Project 544, Final Assessment Hearing (Mallard Park - Streetlights) --On April 18, the Final Assessment Roll was presented to the Council for the above -referenced project with a final assessment public hearing being scheduled for May 15, 1989. Enclosed on page is a summary of the final assessment rates as compared to the estimate contained in the feasibility report presented at the public hearing on August 16, 1988. A slight increase in the final assessment amount resulted from additional construction work to service the streetlights as finally located. All notices have been published in the legal newspaper and sent to all affected property owners informing them of their proposed assessment and the public hearing. As of this date, the staff has not received any objections to the proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 544 (Mallard Park 3rd Addition - Streetlights) and authorize its certification to the County. FINAL ASSESSMENT HEARING PROJECT NO: S44 SUBDIVISION/AREA: Drake Drive Mallard.Park aid Add. FINAL ASSESSMENT NEARING: .May 15, 1989 'IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. - Feasibility Report FINAL F. R. RATE RATES Street Light $172..50/lot $150.00/lot NUMBER OF PARCELS AFFECTED 2:6 NUMBER OF YEARS ASSESSED: 3 RATE OF INTEREST: 9$ TOTAL AMOUNT ASSESSED: $2,760.00 (F R. $2,400.00) TOTAL AMOUNT CITY FINANCED: -0- CONSTRUCTED UNDER THE FOLLOWING CONTRACTS. NA PUBLIC REARING DATE: August 16 1988 COMMENTS: The additional costs of this project resulted from changing the location of the street light at Drake Drive and North Woodgate Lane making it necessary to bore the electrical service under North Woodgate Lane and under one driveway. Agenda Information Memo May 15., 1989, City Council Meeting FINAL ASSESSMENT HEARING/STONEY POINTE S BLACKHAWR RIDGE B. Project 523, Final Assessment Hearing (Stoney Pointe 6 Blackhawk Ridge - Water Main) --On April 18, the final assessment roll was presented to the Council for the above -referenced project in consideration of holding a formal public hearing for the assessments associated with lateral benefit from the installation of a trunk water main through the. Stoney Pointe, Blackhawk Ridge and Blackhawk Ponds developments. Enclosed on page IV is a tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing held on February 2, 1988. The final assessment rates are in conformance with the feasibility report estimates with the addition of extra costs associated with easement acquisition and 35E fence relocation costs that were not anticipated with the original report. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. Although staff has not received any objections to date, some new homeowners may not be aware that these pending assessments would be covered by a standard escrow agreement established with the purchase of property within these new developments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 523 (Stoney Pointe/Blackhawk Ridge/Blackhawk Pond - Water Main) and authorize its certification to the County. 5o FINAL ASSESSNEN;t HEARING PROJECT NO: 523 SUBDIVISION/AREA: STONEY POINT/BLACKHAWK RIDGE/BLACKHAWK POND FINAL ASSESSMENT HEARING: MAY 15, 1'989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report WATER Area F1 Laterals FINAL F. R. RATES RATES I SANITARY $1,315/acre $1.315/acre OService a Lat. Benefit/ $25.12 $14. 58 FF FF (1, $13.10 Trunk STORM . Area QLateral NA NA 'i � NUMBER OF PARCELS AFFECTED: NUMBER OF YEARS ASSESSED: 15 RATE OF INTEREST: 9.0% Area Laterals Service �Lat. Benefit/ Trunk STREETS E]Cravel Base Surfacing r ORes. Equiv. TOTAL AMOUNT ASSESSED: $165,627.28 TOTAL AMOUNT CITY FINANCED: $ 53,2.92.12 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 88-13 FINAL F. R. RATES RATES P-UBLIC'HEARINC'DATE: February 2,, 1988 (1) & 0) . The rates used for Stoney,Pnint 2nd Addition and Blackhawk Pond were .increased to cover additional costs listed in Item I Project 523 -Related Costs and were distributed as follows: (1) Stoney Point 2nd Addition, the cost of a necessary easement was divided by the assessable footage and added to the standard rate: $2,620.00 divided by 1,773 F.F. _ $1.48 + $13.10 = $14.58 F.F. (2) For Blackhawk Pond, easement acquisition costs plus costs for fence removal and re—installation were divided by the assessable footage and added to the standard rate: $1,760..10 (Easements) + $15,073.71 (Fence Work) divided by 1,400 F.F. = $12,.02 + $13.10 = $25.12 F.F. 5 1 Agenda Information Memo May 15, 1989, City Council Meeting FINAL ASSMT HEARING/DODD ROAD C. Project 515, Final Assessment Hearing (Dodd Road - Overlay) -- On April 18, the final assessment roll was presented to the Council in consideration of scheduling a public hearing to discuss the final costs associated with the overlay constructed on Dodd Road south of Cliff Road. Enclosed on page 53 is a summary of the final assessment costs as compared to those contained in the feasibility report presented at the public hearing on June 7, 1988. Although the total assessable amount greatly exceeded the original estimate, the final assessable rates per front foot increased only 1.9%- All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. As of this date„ the staff has not received any objections to the proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 515 (Dodd Road - Overlay) and authorize its certification to the County. S FINAL ASSESSMENT NEARING PROJECT NUMBER'S 515 SUBDIVISION/AREA: DODD ROAD FINAL ASSESSMENT BEARINGS MAY 15, 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSEDs F.B. = Feasibility Report FINAL F.R. FINAL NATER RATES RATES SANITARY RATES ❑Area ❑Area ❑ Laterals ❑ Laterals ❑Service ❑ Service ❑ Lat. Benefit/ ❑ Let. Benefit/ Trunk Trunk ❑NAC STREETS ❑Gravel Base ❑XSurfacing ❑Res. Equiv. STORM ❑ Area $5.25/ff 55.15/ff I [:]Lateral NUMBER OF PARCELS AFFECTEDs NUMBER OF YEARS ASS£SSEDs RATE OF INTEREST: 40 91 TOTAL AMOUNT ASSESSED:. $60.6,78.72 (F.R. = $39,808.95') TOTAL AMOUNT CITY FINkNCED: -0- CONSTRUCTED UNDER CITY CONTRACTSs 88-25 PUBLIC BEARING DATE;: June 7, 1988 F.R. RATES COMMENTS: The cost overruns for this project were the result of the contract being expanded to the south on Dodd Road to Rosemount and to the east on Farm Road to Trunk Highway #3 at the request of the affected property owners. While the total contract amount increased approximately 507, the assessment rate increased only $0.10 per front foot from $5.15/FF to $5.25/FF. Agenda Information Memo May 15, 1989, City Council Meeting FINAL ASSMT HEARING/RINDER.CARE D. Project 530,, Final Assessment Hearing (Binder Care - Water Main) --On April 18, the final assessment roll was presented to the Council and a public hearing was scheduled for May 15 to discuss the final costs associated with this project. Enclosed on page is a summary tabulation of the final costs associated with this project as compared to the estimates containedin the feasibility report presented at the public hearing held on April 19, 1988. All notices have been published in the legal newspaper and sent to all property owners informing them of this public hearing. As of this date,, the staff has not received any objections to the proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To and approve the final assessment roll for Addition - Water Main) and authorization County. 5(� close the public hearing Project 530 (Kinder Care its certification to the FINAL ASSESSMENT HEARING PROJECT NUMBER: 530 SUBDIVISION/'AREAa KINDER CARE ADDITION FINAL ASSESSMENT HEARING: MAY 15, 1989 IMP-ROVEMENT.S INSTALLED IND/OR ASSESSED,: F.R. = Feasibility Report NATER ❑A,rea g Laterals ❑ Service ❑ Lat. Benefit/ Trunk ❑NA'C STREETS ❑ Gravel Base ❑Surfaci-ng []Res. Equiv. FINAL F.R. RATES RATES $ 47.56/ff $ 56.69/ff .$705.74/ $470_.00/ 1'uinp sum lump' sum NUMBER OF PARCELS AFFECTED: NUMBER OF YEARS ASSESSED: RATE OF IN,TEREST.: I 2 10 9'.0% SANITARY ❑ A -r e a ❑ Laterals ❑;Service ❑`Lat. Benefit/ Trunk STORM ❑Area ❑ La'teral TOTAL AMOUNT ASSESSED: $15,819.80 (F.R. =. ¢18,500.00) TOTAL AMOUNT CITY FINANCED: $0.00 CONSTRUCTED UNDER CITY CONTRACTS: 88`22 PUBLIC HEARING DATE: APRIL 19, 1988 COMMENTS: 55 FINAL F.R. RATES RATES Agenda Information Memo May 15, 1989 City Council Meeting 10M . RESOLUTION/OINEILL LAWSUIT SETTLEMENT A. Resolution, Settling O'Neill Condemnation and,Eagan va Eagan Heights Lawsuits --A ;settlement was proposed on May 3 for three ('3) lawsuits currently involving Federal Land Company and its affiliates., the O'Neills and the City, generally including the condemnation action for the ponds, the May 1988 zoning by the City relating to the O'Neill land and the City's request for court determination regarding Federal Land's responsibility for payment for the cost of the acquisition of the pond easements. For additional, and the action that is required by the City Council to authorize the settlement on behalf of the City, refer to a memo and resolution prepared by the City attorney enclosed on pages 4 through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny authorization of a resolution to settle three (3) lawsuits that involve Federal Land Company and its affiliates, the O'Ndills., and the City as referenced. MIRY 08 '89 12:01 TO CITY OF EAGAN FROM HAUGE,EIDE,KELLER,PA T-458 P.01 9e(t yes Y-0tt 1 HAUGE, EIDE & KELLER, P.A. /� //�� PAUL H. HAUGE ,%tornepa of a4ao KEVIN W. EIDE TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 DAVID G. KELLER SELLIN 1260 YANKEE DOODLE. ROAD DEBRA LORI M.. SCH MIDT EAGAN, MINNESOTA 55128-2201 HOSP. LOW THOMAS P. LOWE TS (612) 456-9000 FAX: (612) 454-4232 'Mr. Thomas Eagan City 3830 Pilot Eagan, MN Hedges Administrator Knob Road 55121 Mr. Thomas Colbert Eagan Public Works Director 3830 Pilot Knob Road Eagan, MN 55121 Mr. Terry Durkin Attorney at Law McMenomy & Severson Law Firm 7300 West 147th Street Apple Valley, MN 55124 May 5, 1989 Mr. Robert R.Barth Attorney at Law 3500 IDS Center Minneapolis, MN 55402 fir. Gerald Duffy Attorney at Law 100 Washington Square, 41350 Minneapolis, MN 55401 RE: City of Eagan, Federal Land Company, and Robert and Grace O'Neil Dear Tom & All: Attached is a proposed set of Findings, Conclusions and Order that Judge Kalina asked that we prepare and submit to him on the basis of the general proposed settlement that was entered in open court and dictated to Judge Kalina before a court reporter on May 30 1989. The general settlement covers three main lawsuits currently involving Federal Land Company and its affiliates, the O'Neils and the City, generally including the condemnation action for the ponds, the May 1988 zoning by the City relating to the O'Neil land, and the City's request for court determination regarding Federal Land's responsibility for payment for the cost of the acquisition of the pond easements. In addition, the O'Neils in December of 1988, brought a motion before the District Court challenging the public necessity of the City's acquisition of the O'Neil ponds. After the District Court ruled in the City's favor, the O'Neils moved for discretionary review before the Court of Appeals, which court also sustained the ruling in favor of the City, and which Appellate Court denial of the O'Neil motion has now been brought by the O'Neill before the Minnesota Supreme Court for discretionary review. 5614 MAY 08 '8g 12:01 TO CITY OF EAGAN FROM HAUGE,EIDE,KELLER,PA T-458 P.02 May 5, 1989 Page 2 I would ask that each of you review the enclosure and return your comments to me as quickly as possible so that we can expedite the wording prior to the distribution of the Eagan City Council packet which I understand will be distributed on Thursday, May 11, 1989 for the City Council meeting scheduled for May 16, 1989. It is imperative that the wording be agreed upon as quickly as possible so as to avoid any attempted changes in the agreement of the parties made on May 3, 1989. A request was made by Mr. Duffy on behalf of the O'Neils that the City coordinate all necessary information in order to schedule a public hearing before the Advisory Planning Commission at the earliest practical time to consider the proposed revision to the zoning and land use for the O'Neil property. In addition, a request was made on behalf of the O'Neils that the City Council consider methods for financing transportation improvements in the general area of Yankee Doodle Road and Pilot Knob Road, including tax increment financing. j PHH:ras Enclosures very truly yours, HAUGE, EIDE 6 KELLER, P.A. Paul H. Hauge HAUGE, EIDE & KELLER, P.A. A///�� // PAUL H. HAUGE ftornrys at d..am KEVIN W. EIDE TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 DAVID G. KELLER 1260 YANKEE DOODLE ROAD LORPM. 6ELLIN EARNMINNE50TA DIDMI 0EBME.601+fA0S t�e�us v. �ewE (612) 456-9000 FAX: (612) 454-4282 May 12f 1989 Mr. Thomas Hedges Eagan City Administrator 3830 Pilot Knob Road Eagan., MN 55,121 Mr. Thomas Colbert Eagan Public Works Director 3830 Pilot Knob Road Eagan, MN 55121 Mr. Terry Durkin Attorney at Law McMenomy &Severson Law Firm 7300 West 147th Street Apple Valley, MN 55124 Mr. Robert R.Barth Attorney at Law 3,500 IDS Center Minneapolis, MN 55402 Mr. Gerald Duffy Attorney at Law 100 Washington Square.,, *1350 Minneapolis., MN 55'401. RE: City of Eagan, Federal Land Company, and Robert and Grace O"Neil Dear Tom & All: Enclosed is a.revised set of proposed Findings, Conclusions and Order concerning the above. Tom Colbert and Terry Durkin submitted their suggested changes and Jerry Duffy had no changes.. Bob Barth submitted his suggestions at 2:30 p.m. on Friday, May'12, and I was unable, to reach him to talk with him about them.. I incorporated some and left some wording as is. The Council packet goes out this afternoon and thus the reason for haste. The Council will consider a Resolution adopting the agreement incorporated into the Findings on Monday, May 15, rather than May 16, 1989. PHH:.ras 6n.clo•uro'• Very truly yours, HAUGE, EIDE & KELLER, P.A. Paul R. Hauge RESOLUTION APPROVING SETTLEMENT OF LAWSUITS INVOLVING THE CITY OF EAGAN AND EAGAN HEIGHTS COMMERCIAL PARR; EAGAN TOWER OFFICE BUILDING PARTNERSHIP; ROBERT J. O'NEIL; AND FEDERAL LAND COMPANY WHEREAS, the City of Eagan is the Plaintiff in a lawsuit currently pending in Dakota County District Court against Eagan Heights Commercial Park, a Minnesota partnership; and Eagan Tower Office Building Partnership, a Minnesota general partnership, bearing= Dakota County District Court File No. CR -88-5960; and WHEREAS, the City of Eagan is also Petitioner in a condemnation action pending in Dakota County District Court against Robert J. • O'Neil and Grace O'Neil, husband and wife, bearing Dakota County District Court File No. C6-86-10235; and WHEREAS, the City of Eagan is a Defendant in a case pending in a Dakota County District Court, the Plaintiffs being Eagan Heights Commercial Park and Fagan Tower Office Building, bearing Dakota County District Court File No. C7-88-105886; and WHEREAS, the two of the three above -entitled lawsuits came on for hearing before District Court Judge Gerald W. Ralina on May 3, 1989, which resulted in a proposed settlement by all of the parties in the lawsuits; and WHEREAS, the City of Eagan, Eagan Heights Commercial Park, Eagan Tower Office Building Partnership, Robert J. O'Neil, Grace O'Neil and 644 :i Federal Land Company entered into a settlement agreement on May 3, 1989, resolving all three of the lawsuits, which is contingent upon approval by the Eagan City Council; and WHEREAS, the Eagan City Council has reviewed the transcript of the proceedings held before Judge Ralina on May 3, 1989, a copy of which is attached hereto; and has reviewed the proposed Findings of Fact, Conclusions of Law and Order for Judgment in the three cases which is also attached hereto; and WHEREAS, the Eagan City Council deems it to be in the best s interest of the City of Eagan to approve the settlement agreement as set out in the attached Transcript of Proceedings and Proposed Findings of Fact, Conclusions of Law and Order for Judgment. NOW, THEREFORE, upon motion duly made and seconded, the Eagan City Council has resolved the following: 1. That the settlement agreement which is set out in the attached Transcript of Proceedings and Proposed Findings of Fact, Conclusions of Law and Order for Judgment is hereby approved by the Eagan City Council. 2. That the City staff and the City's attorneys are hereby authorizezd to take all action necessary to facilitate the settlement between the parties as set out in the attached Transcript of 446 3; Proceedings and Proposed Findings of Fact, Conclusions of Law, and Order for Judgment. DATED: This day of May, 1989. CITY OF EAGAN By: Victor L. Ellison Its: Mayor By: E. J. VanOverbeke Its• Clerk rr. -L5 es NEW COPY OF FINDINGS OF FACT: Summary of Changes: Page 2 File number has changed Page 3 - Item 4., ". . having as its managing -partner," Page '5 - Item lZ. Replaced. Page 6 - Item 13. Omit rest of paragraph beginning with ". . further, each party shall. . . " HAUGE, EIDE & KELLER, P.A. PAM IL wase ICBMw. 0M TOWN CENTRE PROFESSIONAL BLDG., SUITE 300 DAVID 4 REUJM 1260 YANKEE DOODLE ROAD LM M. saL" EAGAN. MINNESOTA 55123-3401 00WAE60"WT (612) 456-9000 THOU" P. LOWE FAX: (613) 454-4333 May 12, 1989 Mr. Thomas Hedges Eagan City Administrator 3830 Pilot Knob Road Eagan, MN 55121 Mr. Thomas Colbert Eagan Public Works Director 3830 Pilot Knob Road Eagan, MN 55121 Mr. Terry Durkin Attorney at Law McMenomy 6 Severson Law Firm 7300 West 147th Street Apple Valley, MN 55124 Mr. Robert R.Barth Attorney at Law 3500 IDS Center Minneapolis, MN 55402 Mr. Gerald Duffy Attorney at Law 100 Washington Square, #1350 Minneapolis, MN 55401 RE: City of Eagan, Federal Land Company, and Robert and Grace O'Neil Dear Tom & All: Enclosed is a revt ised set of proposed Findings, Conclusions and Order concerning the above. Tom Colbert and Terry Durkin submitted their suggested changes and Jerry Duffy had no changes. Bob Barth submitted his suggestions at 2:30 p.m. on Friday, May 12, and I was unable to reach him to talk with him about them. I Incorporated some and left some wording as is. The Council packet goes out this afternoon and thus the reason for haste. The Council will consider a Resolution adopting the agreement incorporated into the Findings on Monday, May 15, rather than May 16, 1969. Very truly yours, BADGE, EIDE i KELLER, P.A. Paul 8. Gauge PBH:ras � 7 Enclosures STATE OF ,MINNESOTA CASE TYPE: Other Civil DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT C:i"ty of Eagan, a Municipal corporation, Plaintiff, Vs. Eagan Heights Commercial. Park, a Minnesota general partnership, and Eagan Tower Office Building Partnership, a Minnesota general partnership, Defendants. STATE OF MQNNESOTA File No. CX -88-5160 FINDINGS OF FACT C NCLUSIONS'OF LAW i ORDER FOR JUDGMENT CASE TYPE: Condemnation DIS<TRICT COURT' COUNTY ------------------------------------------------------------------- OF DAKOTA and Grace O'Neil,) FIRST JUDICIAL DISTRICT City of Eagan, a municipal ) Court File No.. C6-86-10235 corporation, ) Petitioner, ) ) Vs. ) Robert J. O'Neal and Grace O'Neil,) FINDINGS OF FACT, husband and wife, Federal Land ) CONCLUSIONS .OF LAW", Bank of St. Paul, County of ) 6 ORDER FOR JUDGMENT Dakota, and all other parties ) unknown claiming any rights, ) title or interest .in the ) hereinafter described property, ) Respondents, ----------- 0 STATE OF MINNESOTA COUNTY OF DAKOTA Eagan Heights Commercial Park, a Minnesota General Partnership, and Eagan Tower Office Building Partnership, a Minnesota General Partnership, Plaintiffs, VS. City of Eagan, a Municipal Corporation, Defendant. CASE TYPE: Other Civil DISTRICT COURT FIRST JUDICIAL DISTRICT FILE NO. C7-88-105886 FINDINGS OF FACT, CONCLUSIONS OF LAK, 8 ORDER FOR JUDGMENT ■ -------------------------- This matter came on for hearing before the above-named court pursuant to a Notice of Trial in Case No. CX -88-5460 on May 3, 1989. The following persons were presentt Paul H. Hauge, attorney for the City of Eagan; Terry Durkin, attorney for the City of Eagan; J Robert R. Barth, attorney for Eagan Heights Commercial Park, et al; Charles Bartholdi, attorney for Eagan Heights Commercial Park, et al; Harold H. Sheff, attorney for Robert J. O'Neil, et al; Gerald Duffy, attorney for Robert J. O'Neil, et al. Also present in the courtroom and was offered testimony and orally acknowledged agreement with and understood the terms that were dictated into the record by the attorneys and the parties present were Robert J. O'Neil and Grace O'Neil. Also present was Thomas Colbert, Eagan Public Works Director. Upon all the files, records and proceedings herein, and in 67 respect to each of the files in the above-describedcaption, the parties having .consented to the terms of the proposed settlement, through their attorneys, this Court make's its determination as follows: FINDINGS OF FACT 1. Robert J. O'Neil and Grace M. O'Neil, (O'Neils) are husband and wife and reside at 2040 Edgecumb Road, St. Paul, Minnesota. 2. City of Eagan, (the City) is a municipal corporation located in the County of Dakota, and organized and existing under the laws of the, iSta.te of Minnesota. 3. Eagan Heights Commercial Park (:Eagan Heights) is a Minnesota general partnership, having as its managing partner, Pederal Land Company, a Minnesota general partnership, consisting of Vernon R. Colon 'and Martin F. Colon. 4. Eagan Tower Office Building (Eagan Tower) is a Minnesota general partner,shi , also having as its'managing partner, Federal Land Company. 5. The O'Neils are the fee owners of a parcel of land consisting of approximately 122 acres in the City of Eagan which is located at the northwest intersection of Lexington Avenue and Yankee Doodle Road. 6. Eagan Tower is the owner and developer of a parcel of property in the City known as Town Centre 70.First Addition and s>ituated in the southwest quadrant of the intersection of Yankee Doodle Road and Denmark Avenue. l O 3 7. Eagan Heights is the owner and developer of a parcel of property located in the City of Eagan known as Eagan Heights Commercial Park and located in the southwest quadrant of the intersection of Yankee Doodle Road and Lexington Avenue. B. Court File No. C7-88-105886 is an action brought by Eagan Heights and Eagan Tower for an order of the Court determining that the rezoning of the O'Neil property by the City which was confirmed by Order of this Court dated May 4, 1988 in File No. 100106 was invalid for various reasons stated therein. 9. Court File No. CX -88-5460 arose on the basis of a counterclaim by the City against Eagan Heights and Eagan Tower for declaratory order that the applicable provisions of the Town Centre 70 First Addition Development Contract and the Eagan Heights Commercial Park Planned Development Agreement are valid, existing and binding contracts and seeking a determination by the Court as to the respective obligations of the City, Eagan Heights and Eagan Tower for payment of that certain condemnation award to the O'Neils as finally determined in Court File No. CX -86-99806, below. 10. Court File No. CX -86-99806 (C6-86-102375) is a condemnation action brought by the City against the O'Neils for the acquisition of certain ponding and utility easements on the O'Neil property. 11. Court File No. C4-89-238 is a Petition for Review before the Minnesota Court of Appeals of an Order of the District Court in File No. CX -85-99860 (C6-86-102375) denying a motion of the O'Neils for a rehearing of the issues regarding public purpose and necessity of the City's acquisition of the easements under District Court File No. CX -85-99860. The City entered into an agreement with the �/ 4 O'Neils on or about May 6, 1988 under File No. CX -86-99860- 12. Eagan Heights and Eagan Tower have agreed to pay to the City the sum of $250',000,,00 as and for complete and, full settlement of all obligations which they, or either of them, may now have or hereafter incur arising from or in any way related to the Town Centre 70 First Addition Development. Contr-act and the Eagan Heights Commercial Park Planned Development Agreement and the Town Centre 100 First Addition Development Contract, or otherwise, for or on account of any and all costs and expenses incurred or to be incurred by the City in the acquisition of the ponding easements on the O'Neil property, including, without limitation, all professional fees, interest and other costs, and all costs relating to or arising from the improvements constructed thereon, which sum shall be assessed, in accor.d'ance, with normal City assessment policies, against parcels within Town Centre 70 and Town Centre 100, as previously agreed upon between the City of Eagan, Eagan Heights and Eagan Tower, based upon the number of squalre feet of assessable land within said parcels; Federal Land Company, Eagan Heights and Eagan Tower hereby waive the right to object to said assessments or to appeal from the levy of such assessments. in the event that any property within Town Centre 70 or Town.Centre 100 shall be relieved of or exempt from such assessments, then the remaining assessable land within said subdivisions shall be assessed for the balance of such assessments. Federal Land Company, Eagan' Heights and Eagan Tower hereby guarantee prompt payment when due of any and all installments of special assessments so levied and will pay any and all expenses incurred by the City in defending any claims or causes 5 of action that may arise as the result of any objections or appeals. from the, assessments described in this paragraph, including administrative fees, attorneys fees, and all other costs incurred by the City. The special assessments referred to in this paragraph shall be levied over a period of five (5) years, with interest on the unpaid assessments at the rate of ten and one-half percent (10 1/28) per annum. Interest on the $250,000,.00 to be levied on an amount under the :terms of the agreement between the parties shall commence on May 16, 1989. The assessments contemplated by this paragraph shall be levied within thirty (30) days of the entry of this Order or as soon thereafter as may be practicable. 13. It is further understood that the action entitled Eagan Heights, et al vs. City of Eagan, File No. C7-88-105886, shall be dismissed with pr.ej'udice, and each party shall pay its own attorneY's fees and costs. 14. The 01 -Neils agmee to accept and the City agrees to pay the sum of $500,000.06 to the O'Neils for the settlement and dismissal of the condemnation action entitled Eagan vs. Robert J. O'Neil, et al, Court File No. CX -86-991860- ('C6-86-102375), including all appeals, motions and other proceedings that have been brought in respect to said condemnation action, $498,.0.00 of which ha,s previously been paid by the City to the O'Neils and an additional $2,000 shall be paid in full within 30 days after the entry of the Order contemplated herein. It is further understood that each party shall mutually release the other from any and all claims that they may have in respect to said condemnation action and any and all other claims or causes of action as the result of the zoning and 613 6 land use revisions that have been approved by the City to the date of the Order provided herein, to the O'Ne.il property at Lexington and Yankee Doodle Road in Eagan. CONCLUSIONS OF LAW 1. Based upon the entire record of proceedings, all pleadings previously filed herein, and the testimony in open court, the Court has concluded that there is a rational and reasonable basis to support the terms of the Settlement Agreement entered into in open Court on May 3, 1989, relating to the actions described in the caption, including all motions and appeals brought thereunder. 2. This Court deems it is in the best interest of the parties in order to settle the various claims and disputes involving such actions, and in order to allow the development of .the property affected by the settlement of such disputes to be developed in a reasonable manner, that such actions be sesttled and dismissed. a ORDER FOR JUDGMENT 1. The terms and conditions that were dictated into the record before this Court on May 3, 1989 in res,pec�t to the :actions cited in the captions above, are hereby incorporated into this Order and all claims and actions are hereby settled and dismissed upon final approval and action by the Eagan City Council and submission to this Court of a certified copy of a Resolution of the Eagan City Council, approving the terms of said Agreement and the terms of these Find, ng^s o:f. Fac,t, Conclusions of Law,, and Order for Judgment. 2. it is understood that each of the parties shall be reaponsible for .thei=r own costs and' expenses including legal fees. 3,. It is finally understood that the terms and conditions of the Agreement of the parties entered into the Court's record on May 1,,, 1989 shall be enforceable in a,Court of law and this Order sha-11 supersede the provisions of any agreements to the extent that they are inconsistent with this Order. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: BY THE COURT Judge o District our t STATE OF MINNESOTA COUNTY OF DAKOTA City of Eagan, a Municipal corporation, Plaintiff, V5. Eagan Heights Commercial Park, a Minnesota general partnership, and Eagan Tower Office Building Partnership, a Minnesota general partnership, Defendants. STATE OF MINNESOTA COUNTY OF DAKOTA City Of Eagan, a municipal ) corporation, ) Petitioner, ) Vs. ) Robert J. O'Neil and Grace O'Neil,) husband and wife, Federal Land ) Bank of St. Paul, County of ) Dakota, and all other parties ) unknown claiming any rights, ) title or interest in the ) hereinafter described property, ) Respondents, ----------- CASE TYPE: Other Civil DISTRICT COURT FIRST JUDICIAL DISTRICT File No. CX -88-5460 FINDINGS OF FACT, CONCLUSIONS OF LAW a ORDER FOR UDGMENT CASE TYPE: Condemnation DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No. C6-86-10235 FINDINGS OF FACT, CONCLUSIONS OF LAW, 6 ORDER FOR JUDGMENT MAY 12 189 15:52 TO CITY OF EAGAN FROM HAUGE.EIDE,KELLER.PA T-474 P.03 CASE TYPE: Other Civil STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT Eagan Heights Commercial Park, a Minnesota General Partnership, and Eagan Tower Office Building Partnership, a Minnesota General Partnership, Plaintiffs, VS. City of Eagan, a Municipal Corporation, Defendant. FILE NO. C7-88-105886 FINDINGS OF FACT, CONCLUSIONS OF LAW, S ORDER FOR JUDGMENT This matter came on for hearing before the above-named court pursuant to a Notice of Trial in Case No. C7-88-105886 on May 3, 1989. The following persons were present: Paul H. Hauge, attorney for the City of Eagan; Terry Durkin, attorney for the City of Eagan; Robert R. Barth, attorney for Eagan Heights Commercial Park, et al; Charles Bartholdi, attorney for Eagan Heights Commercial Park, et al; Harold H. Sheff, attorney for Robert J. O'Neil, et al; Gerald Duffy, attorney for Robert J. O'Neil, et al. Also present in the courtroom and was offered testimony and orally acknowledged agreement with and understood the terms that were dictated into the record by the attorneys and the parties present were Robert J. O'Neil and Grace O'Neil. Also present was Thomas Colbert, Eagan Public Works Director. Upon all the files, records and proceedings herein, and in �9l MAY 12 189 15:53 TO CITY OF ERGRN FROM HAUGE.EIDE.IELLER.PR T-474 P.04 respect to each of the files in the above-described caption, the parties having consented to the terms of the proposed settlement, through their attorneys, this Court makes its determination as follows: FINDINGS OF FACT 1. Robert J. O'Neil and Grace M. O'Neil, (O'Neils) are husband and wife and reside at 2040 Edgecumb Road, St. Paul, Minnesota. 2. City of Eagan, (the City) is a municipal corporation located in the County of Dakota, and organized and existing under the laws of the State of Minnesota. 3. Eagan Heights Commercial Park (Eagan Heights) is a Minnesota general partnership, having as its managing partner, Federal Land Company, a Minnesota general partnership, consisting of Vernon R. Colon and Martin F. Colon. 4. Eagan Tower Office Building (Eagan Tower) is a Minnesota general partnership, also having its managing partner, Federal Land Company. 5. The O'Neils are the fee owners of a parcel of land consisting of approximately 122 acres in the City of Eagan which is located at the northwest intersection of Lexington Avenue and Yankee Doodle Road. 6. Eagan Tower is the owner and developer of a parcel of property in the City known as Town Centre 70 First Addition and situated in the southwest quadrant of the intersection of Yankee Doodle Road and Denmark Avenue. J101 3 7. Eagan Heiahts is the owner and developer of a parCe2 Of property located in the City of Eagan known as Eagan Heights Commercial Park and located in the southwest quadrant of the intersection of Yankee Doodle Road and Lexington Avenue. 8. Court File No. C7-88-105886 is an action brought by Eagan Heights and Eagan Tower for an order of the Court determining that the rezoning of the O'Neil property by the City which was confirmed by Order of this Court dated May 4, 1988 in File No. 100106 was invalid for various reasons stated therein. 9. Court File No. CX -88-5460 arose on the basis of a counterclaim by the City against Eagan Heights and Eagan Tower for declaratory order that the applicable provisions of the Town Centre 70 First Addition Development Contract and the Eagan Heights Commercial Park Planned Development Agreement are valid, existing and binding contracts and seeking a determination by the Court as to the respective obligations of the City, Eagan Heights and Eagan Tower for payment of that certain condemnation award to the O'Neils as finally determined in Court File No. CX -86-99806, below. 10. Court File No. CX -86-99806 (C6-86-102375) is a condemnation action brought by the City against the O'Neils for the acquisition of certain ponding and utility easements on the O'Neil property. 11. Court File No. C4-89-238 is a Petition for Review before the Minnesota Court of Appeals of an Order of the District Court in File No. CX -85-99860 (C6-86-102375) denying a motion of the O'Neils for a rehearing of the issues regarding public purpose and necessity of the City's acquisition of the easements under District Court File No. CX -85-99860. The City entered into an agreement with the G4 O'Neils on or about May 6, 1988 under File No. CX -86-99860. 12. Eagan Heights and Eagan Tower have agreed to pay toward the settlement of the condemnation action, File No. CX -86-99860, the sum of $250,,000.00 upon entry of the Order herein, which sum Eagan shall assess against certain parcels within Town Centre 70 and Town Centre 100 Additions on a formula agreed upon between the City of Eagan, Eagan Heights and Eagan Tower, based upon the number of square feet of assessable land within said parcels'; Federal Land Company, Eagan Heights and Eagan Tower shall waive the right to object to said assessments or to appeal from the levy of such assessments; it i;s further understood that. Federal Land, Company, Eagan Heights and Eagan Tower will hold- the City harmless from any and all claims brought by any parties, including owners, within Town Centre 70 and Town Centre 100 who may object to the levy of such special assessments for the purpose described in this paragraph and Federal Land Company, Eagan Heights and Eagan Tower will pay any and all expenses incurred by the City in defending such claims or actions, including administrative fees, attorneys fees, and all other costs incurred by the City; said assessments shall, be levied over a period of 5 years with interest on the unpaid assessments, payable at the rate of 10 1/28 per annum, which interest shall Commence on May 16, 1989, which assessments shall be levied written thirty days of entry of the Order contemplated herein, or as soon as practical thereafter. in the event that any property within Town Centre 70 or Town Centre 100 shall be relieved of or exempt from such assessments,, then the remaining assessable land within said subdivisions shall be assessed for the balance of such assessments. MAY 12 189 15:55 TO CITY OF EAGAN FROM HAUGE,EIDE.KELLER,,PA T-474 P.07 13. it is further understood that the action entitled Eagan Heights, et al vs. City of Eagan, File No. C7-88-105886, shall be dismissed with prejudice, and each party shall pay its own attorney's fees and costs; further, each party shall mutually release the other from any and all claims that it may have in respect to the zoning and land use approval given by the City to the O'Neils, pursuant to the action of the Eagan City Council on May 3,, 1988 and the Order entered by Judge Jack Mitchell, dated May 4, 1988, and the parties further agree not to contest the action taken to amend the zoning and land use of the O'Neil property pursuant to said Order of May 4, 1.988'. 14. The p'Nells agree to accept and the City agrees to pay the sum of $500,000.00 to the O'Neils,for the settlement and dismissal of the condemnation •action entitled Eagan vs. Robert J. O'Neil, et al, Count File No.. CX -86-99860 (C6-'86-1023'75'), including all appeals, mo,tio.ns and other proceedings that have been brought in respect to said dondemnat#on action., $498,0.00 of which has previously been paid by the City to the O'Neils and an additional, $2,000 shall be paid in full within 30 days a-fter the entry of the Order contemplated herein.. It Ls further understood that each party shall mutually release the other from ,any and all claims that they m'a;y have in respect to said condemnation action and any and all other claims or causes of action as the result of the zoning and land use revisions that have been approved by the City to the date of the Order provided herein, to the O'Neil property at Lexington and, Yankee Doodle Road in Eagan., MAY 12 1e9. 15:56 TO CITY OF EAGP" FROM H�.'EI,DE.KELLERoPA 7-474 P,..Oe CONCLUSIONS OF LAW 1. Based upon the entire record of proceedings, all pleadings previously filed herein, and the testimony in open court, the Court has concluded that there is a rational and reason'abl'e bas'' -is -to support the terms of the Settlement Agreement entered into in open Court on May 3, 1989 relating to the actions described in the caption, including all motions and appeals brought thereunder. 2. This Court deems it is in the best interest of the parties in order to settle the various claims and disputes involving such actions, and in order to allow the development of the property affected by the settlement of such disputes to be developed in a reasonable manner, that such actions be settled and dismissed. ORDER FOR JUDGMENT 1. The terms and conditions that were dictated into the record before this Court obi May 3, 1989 in respect to the actions sited in the captions above, are hereby incorporated into this order and all claims and actions are hereby settled and dismissed upon final approval and action by the Eagan City Council and submission to this Court of a certified copy of a Resolution of the Eagan City Council, approving the terms of said Agreement and the terms of these Findings of Fact, Conclusions of Law, and Order for Judgment. 2. It is understood that each of the parties shall be responsible for their own costs and expenses including legal fees. 3. It is finally understood that the, terms and conditions of MAY 12 '69 15:57 TO CITY OF'EAGAN FROM HRUGE,EI,DE,KELLER,PP T-474 P.09 the Ag-reement of the parties entered into the Court's record on May 3, 1989 shall be enforceable in a Court of law and this Order shall supersede the provisions of any ag,reememts to the ex -tent that they are imconsistent with this Order. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated.. BY THE COURT Judge of Distrlct Court 6fi� THE RESOLUTION FOR THIS ITEM WAS NOT AVAILABLE ON FRIDAY. IT WILL BR DISTRIBUTED AT THE MEETING ON MONDAY. Agenda Information Memo May 15, 1989 City Council Meeting TRAILWAY MODIFICATION/LEXINGTON POINTE PARKWAY AND DANIEL DRIVE E. Consideration of Modification of Trailway Along Lexington Pointe Parkway and Daniel Drive --At the April 18 City Council meeting, residents appeared who reside on Lexington Pointe Parkway and Daniel Drive objecting to the location of a trailway that was approved for that subdivision as a result of the final plat development agreement. A request was made by the neighbors that the trail be located to the opposite side of the street, suggesting a safer and more ascetically acceptable alignment. Direction was given to the City staff to evaluate and prepare a trailway modification and present the same at the May 15, 1989 regular City Council meeting. Enclosed on pages- through is a copy of information prepared by the. Director of Parks and Recreation regarding the trailway modification. ACTION TO HE CONSIDERED ON THIS ITEM: To 'approve or deny the trailway modification for Lexington Pointe Parkway and Daniel Drive. 61 MEMORANDUM TO: CITY COUNCIL FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION STEPHEN SULLIVAN, LANDSCAPE ARCHITECT/PARKS PLANNER DATE: MAY 12, 1989 RE: PUBLIC REQUEST FOR DANIEL TRAIL REALIGNMENT BACKGROUND Northview Meadows Addition was final platted in February of 1987. The parcel to the west, now platted as Lexington Pointe Addition, was zoned CSC (Commercial Shopping Center) and intended for commercial type land use. Tri -land Development acquired and requested a zoning change to R-1. The location of the rezoning is from the Northview Meadows subdivision west to the powerline corridor. City staff re-evaluated the pedestrian transportation needs with this zoning and platting application. The alignment of Daniel Drive/Lexington Point Parkway provides safe and contiguous pedestrian linkage to trailways along both Diffley Road and Lexington Avenue. Linkage to the country road trailways provides connections to Northview Elementary School, Eagan High School, the adjacent commercial area and numerous parklands. Also, spur trails originated at the Daniel Drive/Lexington Pointe Parkway connect to the Highline Corridor and Trapp Farm Park. The Advisory Park & Recreation Commission recommendations for Lexington Point 1st/2nd Addition are as follows: On a motion by Kubik, seconded by Sames, with all members voting in favor, the Advisory Commission has recommended to the City Council that: (1) the developer dedicate the southeast parcel to the City for parks and recreation purposes; (2) the City grant a variance to the lots in the northeast next to the plat from a 30' to a 20' setback requirement in an effort to save the oak trees; (3) the developer grade a trail along the north/south NSP power line, south of the east/west road, noted as Lexington Parkway; (4) a trail or sidewalk along the north side of Lexington Parkway be provided; (5) a trailway on Daniel Drive be provided from Diffley to Lexington Parkway; (6) if possible, a 50' right-of-way along the southernmost road be provided in an effort to minimize impact to the trees. (SEE FIGURE #1) 0 DANIEL TRAIL REALIGNMENT PAGE TWO MAY 12, 1989 ISSUE A request has been submitted to the City by residents within the Lexington Pointe subdivision to realign the Daniel Drive Trail within the easterly boulevard adjacent to the Northview Meadows subdivision. The petitioners cite that the realignment is safer due to less road/driveway crossing, provides less visual consequence to the neighborhood, and that the trail location was not disclosed prior to the purchasing of their lot. The City Council will need to determine whether it is appropriate to amend the Lexington Pointe Addition Developer's Agreement realigning the trail within the easterly boulevard of Daniel Drive. ANALYSIS TRAIL ALONG WEST SIDE OF DANIEL The current obligation for the trail placement along the west side of Daniel Drive has been reviewed by staff on two occasions, brought before the Advisory Parks & Recreation Commission and City Council twice. The Advisory Parks & Recreation Commission at the time of development application, and later at the request of the residents, reviewed the pending alignment and found it to be appropriate. The Advisory Parks & Recreation Commission found that the trail alignment was safe and efficient. They also felt that the Northview Meadows residents purchased their homes with no obligation for a trail placed adjacent to their lots. The Lexington Point Addition residents cite that they were not appraised of the pending trail alignment. Several residents state that they would not have purchas6d their homes if they had been aware of the trail. It is unfortunate that Eagan residents are purchasing lots from builders/developers that are not providing pertinent information although this information is available at the Eagan Municipal Center. The residents were also concerned regarding the safety of the trail location due to the number of driveway and street crossings. The proposed sidewalk on the west side of Daniel Drive and north of Lexington Pointe Parkway would cross thirty-two (32) lots of which, 26 is within the front yard crossing a driveway and 6 side yard lots. This alignment has three (3) street crossings. The alignment places a 5' wide sidewalk 1' inside the public right-of-way, leaving a 12.5' boulevard to back of curb for snow storage. DANIEL DRIVE REALIGNMENT PAGE THREE MAY 12, 1989 2. TRAIL ALONG EAST SIDE OF DANIEL DRIVE A topographic survey was taken by Tri -land Development to determine whether there were any encumbrances for trail placement along the east side of Daniel Drive. It appears that a sidewalk could be installed within the easterly boulevard with no layout problems. The revised alignment would place the sidewalk adjacent to property owners who purchase their homes without this facility. The easterly alignment influences thirty (30) lots of which 13 are front yards crossing driveways, 12 side yards and 5 back yards. The sidewalk would incur three (3) road crossings. The sidewalk could be placed on either side of Daniel Drive. Both alignments provide efficient and effective pedestrian transportation. In regard to safety, the easterly alignment crosses 13 driveways, one-half of the number of the westerly alignment. Staff's review finds that driveway crossings are typical for residential based trail corridors. Sidewalks along Beaver Dam Road, Berry Patch Road and Covington Lane are equivalent examples. Staff does concur that isolation of vehicular circulation from pedestrians does provide a safer user environment. The question arises whether it is appropriate to place a sidewalk along the property of residents who purchased their lots without a trail consideration. The Developer is legally bound according to the Lexington Pointe Developers Agreement to place a sidewalk on the west side of Daniel Drive within the boulevard. The trail location is placed within public property. The misrepresentation or lack of information to the residents regarding the sidewalk is certainly unfortunate, but has always been available from the City. Engineering Department standards for minimum boulevard width between the back of the curb and edge of the sidewalk is eight (8) feet. This provides a minimum area for a safety zone and snow storage. Staff evaluation indicates that the 5' wide concrete sidewalk could be shifted approximately 3.5' to this 8' minimum width. The Engineering Department is completing plans for the extension of Daniel Drive to County Road 30, consequently a decision on the trail and its location will be needed in order that the plans and construction documents can be finished DANIEL DRIVE REALIGNMENT PAGE FOUR' MAY 12, 1989 FOR CITY COUNCIL ACTION 1. To amend the Lexington Pointe Addition Developers, Agreement placing the sidewalk on the east side of Daniel Drive. 2. To maintain the current Lexington Pointe Addition Developers Agreement keeping -the sidewalk on the west side of Daniel Drive. 3,. To shift the s,ide_wal'k approximately 3' to provide an 8' boulevard' width from back.of zurb to edge of the pathway.., N. E. 1/4 SEC.26, T27, R23��� SV-. SE'1 23.72: R23 1 s • • • • • • �al�C%L�XIhI�Tot�l �Ir.�1� 1 ��>4cY� ��► FIGURE 1 Agenda Information Memo , May 15, 1989 City Council Meeting STREET NAME CHANGE A. Request for Street Name Change/James Street to Four Seasons Drive --Burnsville Lumber Company Inc., is requesting a street name change for James Street to Four Seasons Drive. This street is located within the Whispering Woods 4th Addition and the reason for the change as requested by the developer is to make Four Seasons Drive terminate at a reasonable location. James Street is running throughout Whispering Woods leaving three separate streets .as James Street within a short distance off of ,Slater Road which causes confusion for the general public. The Department of Community Development has reviewed the request and for a copy of their report and attached map, refer to pages through -a_. ACTION TO HE CONSIDERED ON THIS ITEM: To approve or deny the street name change of James Street to Four Seasons Drive. MEMO TO: TOM HEDGES FROM: STEVE HANSON, ASSISTANT BUILDING OFFICIAL DATE: MAY 9, 1989 SUBJECT: STREET NAME CHANGE WHISPERING WOODS 4TH ADDITION 6 OAR CLIFF 4TH ADDITION The City has received an application from Scott Hilla of Burnsville Lumber, the developer of the Whispering Woods Additions, requesting a street name change for a portion of James Street within the Oak Cliff 4th Addition. Changing the name to Four Seasons Drive would be consistent with the Whispering Woods Additions that are being developed to the south. Currently, there is one single-family home that would be affected by this change. The property owners, Peter and Pamela Berry, have agreed to.this request and a letter of support is attached. Both the Community Development and Engineering departments have reviewed this application and feel that the request provides a better street -naming layout. Individual site plans showing this change have been colored for the Council and are also attached. l Assistant Building Official Attachments SH/JS/mg rA March 16, 1989 City of Eagan 3830 Pilot Knob Road Eagan , Mn. 55122 Dear City of Fagan : Peter and Pamela Berry agree to having there house number from 2269 James. Street to adjoin with Whispering Woods 4th Addition. Making James Street terminate at junction of White Oak Ct. and Four Seasons Drive. Therefor our New Address Would Be 2269 Four Seasons Drive. Sinc ely , twCer and PAmela Berry 2269 James Street Eagan , Mn. 55122 894-6061 PB: DJH:mlw CITY OF EAGAN STREET NAME CHANGE NAME Burnsville Lumber Compnay ,Inc. ADDRESS 14405 Judicial Road (PLEASE PRINT) CITY Burnsville , Mn. STATE Mn. ziP55337 TELEPHONE 0 435-7787 NAME OF PLATWhipering Woods 4th. Addition PRESENT STEET NAME James Street PROPOSED STREET NAME Four Seasons Drive SEASON FOR NAME CHANGE To make Four Seasons Dr'. termiate at a reasonable Location. James Street having to run thou out Whipering woods would leive 3 James St. with in a -short distance all on Slater Road.making it very confusing. PLEASE ATTACH LISTING OF PROPERTY OWNERS AFFECTED. UPON APPROVAL, THE APPLICANT WILL BE RESPONSIBLE FOR ALL FEES ACCRUED IN THE STREET NAME CHANGE. 1 9 OF SIGNS AT $ 100.00 /SIGN c $ 100.00 (TO BE DETERMINED BY CITY STREETS SUPERINTENDENT) LA'�Ywj" SIGNATURE OF APPLICANT May �, 1989 DATE SUBSCRIBED AND SWORN TO THIS 3 DAY OF May 19 89 MY COMMISSION EXPIRES S-31 -91 ��AAA,AA�SAAAAA�► ..++ TFRRY A N�WI ,3,.; NOTARY•Y�g M,MYESOTA �� I4.ti MY C06lMtaVlJh ,irk$ &31.91 -- I o� PVtNOTARY PUBLIC FOR CITY USE ONLY ENGINEERING DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT CITYCOUNCILDATE 3^/� FEE RECEIPT D DATE I s•\ J _ T • (� \ I 1 1 1 I 1 • rA 1 'r• o.ee I r 1 \ r _ \' 'r N59'j P- 81 1 e ol0 11 1, � 1 1 YV- ■ 1 �•$1� W 101 �Qltl I • 1 1 :,� i % I;1 pll Ip -1 19 rr % "�..i;': ���� - _ '- '\:;vr•1 ./.'.•'ice\ : :'�;;T�'�- .l I IN i.: ..1 �''-..�';:i� - '=:.V �.:� �••: � � �.' _ ,��j _� 1. 'BVI l �. ` ... .. ••� v.��:�'•'-�: �i .. ..... ej :%•:�. ._, ., ..: ; ; Viz: �---��::= i1 �• �: ;:..... :"::. c ,� to ru 1 SLATERS Romt Agenda Information Memo May 15, 1989, City Council Meeting EAGAN CENTER 2ND ADDITION/PLAT EXTENSION B: Extension of Preliminary Plat Approval for Eagan Center 2nd Addition --At the May 16, 1988, City Council meeting, Mark Ravich of the Lexington Center Phase 2 Company requested a one-year extension of the preliminary plat for the Eagan Center 2nd Addition. The extension was approved. Because the underlying reasons for their request last year have not changed, Mr. Ravich is requesting an additonabone year extension.. A copy of their request is enclosed on page__,&O . A copy of the. minutes from the M y 16, 1988, City Council meeting are also enclosed on page The Engineering and Planning Divisions are not requesting any change in the conditions of approval. ACTION TO HE CONSIDERED ON THIS ITEM: To approve or deny an additional one-year extension to the preliminary plat approval for Eagan Center 2nd Addition. LEXINGTON CENTER PHASE 2COMPANY. 1660 South Highway 100 530W Parkdale Plaza Minneapolis, MN 55416 542-8827 May 1, 1989 Mr. Jim Sturm City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 RE: Preliminary Plat Eagan Center 2nd Addition Eagan, Minnesota Dear Jim: On June 16, 1987 the City Council approved our application for the above referred to preliminary plat and on May 16,. 1988 the City Council approved our request for a one (1) year extension. Our current development plans for the site are to still postpone its development to time the opening of the project closer to the opening of the new schools being built. Since the high school has now been postponed for another year, T would like to request an additional ,one (1) year extension to our current preliminary plat approval. Please let me know if there is anything more specific I need to do to request this. Best regards, Lexington Center Phase 2 Company Mark Ravich Partner MR: 1s kE Page 9/COUNCIL MINUTES May 16, 1988 Motion by Egan, seconded by McCrea..t . 0 approve the request for Cub and Target.;;i:; ;However, :t -U overall plan for the Cliff Lake Centre Aad :tiontv.'�411ow additional City Council. All voted in KNOX LUMBER/EAGANDALE CENTER INDUSTRIAL PARK 10TH ADDITION PERMIT No appearance by Knox Gustafson to continue the pylon sign was continued review by the by Egan, seconded by d yes. Tom Colbert stated Cedar Cliff Commercial Park 4th Addition is requei.i"2";'n'.g'':''.th6..:.;�t';�:iu,ance of a footing and foundation permit within the subdivision prior to the final plat approval. The City does not have the financial security in hand which is a requirement for the final plat approval. Ray Williams stated there is a letter of credit for $47,000.00 and a $30,000.00 bond. Motion by Gustafson, to approve the issuance of a footings and foundation p#rmit ior-to final plat approval for the Cedar Cliff Commercial Park�:Ath:,:A;"Ition, on the condition the t f developer provides appropri4 pancial guarantees. All voted in favor. The City Administrator stated Rocky Rococo Pizza is requesting a manager's license for the pt;.rpose..qf selling wine and beer. He stated City ordinance regul�Pt".i' ? type of licensing. Motion by Egan, seconded by Wi�chter::::to approve a manager's license for the purpose of sell nd beer at 2130 Cliff Road. All voted affirmatively. The May6r":inst . t . acted the City Administrator to put future similar licenses on the Co'A'"s'ent Agenda. The City Planner stated, the City has received a letter from Mark Ravich of Lexington Center Phase IV�tompany requesting an extension of one (1) year for a preliminary plat entitled Eagan Center 2nd Addition. Motion by Wachter, secanded by Egal.k:::to approve a one—year extension to the current piialminary jpXft:of Eagan Center 2nd Addition as presented. All Agenda Information Memo May 15, 1989 City Council Meeting COMP GUIDE AMENDMENT, REZONING, PRELIMINARY PLAT CONDITIONAL USE PERMIT, PHILLIPS 66 IST ADDITION C. Comprehensive Guide Plan Amendment for Phillips 66 1st Addition/Phillips 66 Company Changing Land Designation from LB to GB, Rezoning of 1.16 Ag to a PD, GB District, a Preliminary Plat Consisting of One Lot and a Conditional Use Permit for a Motor Fuel Station with a Car Wash and Pylon Sign --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on April 25, 1989 to consider a comprehensive guide plan amendment changing the land use designation from LB to GB, a rezoning of 1.16 Ag acres to a PD, GB district, a preliminary plat consisting, of one lot and'a conditional use permit for a motor fuel station with a car wash and pylon sign. After numerous motions, reconsiderations, and new motions, the comprehensive guide plan amendment and all other actions were recommended for approval by the City Council. For a copy of the staff report which includes the original report dated_March 20 and an updated report dated April 20, refer to pages Z For a copy of theAdvisory Plan1 i g Commission action on this item, refer to pages _(LO through a\J• ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny) a comprehensive guide plan amendment from LB to GB, 2) a rezoning of 1.16 Ag acres to a PD, GB district, 3) a preliminary plat consisting of one lot, 4) a conditional use permit for a motor fuel station with a car,wash and 5) a pylon sign. MEMO_ TO: CHAIRMAN TIM PAWLENTY ALL MEMBERS OF THE ADVISORY PLANNING COMMISSION FROM: JIM STDRM, CITY PLANNER DATE': APRIL 20, 1989 SUBJECT: PHILLIPS 66 ADDITION At the March 28 Advisory Planning Commission meeting, this item was continued at the developer's request, after a rather lengthy hearing, in order that issues regarding access, the adjacent property to the west, and the building material selection could be discussed in more detail with City staff. As a result, a revised plan has been submitted that rotates the layout, placing the free- standing car wash on the north end of the site. All building and parking setbacks and the lot coverage ratio of 19% meet Code requirements. One single ingress/egress is now proposed. It will work well with the area to the south; however, both mayneed to shift slightly so that they align with each other. This could be accomplished in the technical plat stage Of development. The triangular parcel to the west could be developed but would have to be small in order to meet all Code setback requirements. An exhibit has been attached that demonstrates both building and parking setbacks. The final issue has to do with exterior building material selection. The applicant is proposing a stone -face finish but it has been suggested that brick compatible in color to the medical center may be a more appropriate choice. Both would be acceptable materials in the City Code. A revised landscape plan is being prepared by the same landscape architectural firm that did the previous submission. That submission was very well done and it is anticipated that there will be no problems with the Those plans also will be reviewed at the technical compliance with City landscape policy requirements. City Planner JS/mg Attachment revised plan. plat stage for MEMO TO: JIM STURM, CITY PLANNER FROM: MICHAEL P FOERTSCH, ASSISTANT CITY ENGINEER DATE: APRIL 200 1989 SUBJECT: PHILLIP'S 66 ADDITION At the March 28, 1989, Advisory Planning Commission meeting on the above -referenced item, .members of the Commission requested City staff to review the proposed site access in further detail. The City's traffic engineer has reviewed the revised site plan dated April 13, 1989, which shows a singular access point to Duckwood Drive. The initial site plan included in the March 28 staff report to the Advisory Planning Commission showed two access points to this site, an ingress only point on the easterly side of the site and an ingress/egress point at the westerly side of the site. The proposed Phillip's 66 site is estimated to generate approximately 1,800 total trips on an average work day. Of this total, approximately 49% of the total trips would already be on the area roadways. The proposed site would generate approximately 928 new trips on adjacent roadways. Of the projected 1,800 total trips on the average workday, approximately 100 total trips would occur in the a.m. peak hour and approximately 120 total trips would occur in the p.m. peak hour. Since nearly half of the total trips are already on the adjacent roadways, it is anticipated that the newly generated number of trips can be adequately handled by the existing roadway system. However, future development in the area will necessitate the installation of a traffic signal at the Duckwood Drive/Pilot Knob Road intersection. The present County 5 -year Capital Improvement Program does not identify the installation of traffic signals before 1993. J No access to Pilot Knob Road is shown and none should -be considered. The close spacing of the intersection of the off -ramp from I -35E and Duckwood Drive along Pilot Knob Road and heavy turning movements at Duckwood Drive would make any access from Pilot Knob Road somewhat hazardous. The proposed access is 35' in width with a 25' radius. The proposed access width and 25' radius are adequate for truck traffic. The proposed driveway location is adequate distance from Pilot Knob Road and should not interfere with the operation of the Pilot Knob Road intersection. With further development south of Duckwood Drive and in the Town Centre area, it is possible that some traffic delays on Duckwood Drive will back past the service station entrance dependent upon traffic control at the Pilot Knob Road intersection. Circulation through the site generally appears to be adequate. The applicant may want to take another look at the traffic leaving the car wash area because the tightness of the radius on the proposed 11 curbing may create some maneuvering difficulties. This can be alleviated by widening the roadway around the curve by making the curb closer to the trash enclosure. The gas tanks have been located so that tanker trucks may enter this site, fill the tanks and leave the site in a relatively easy maneuver. While filling the tanks, the trucks can be out of the normal circulation pattern,.. However, trucks may experience difficulty in maneuvering through the site during heavy hours of use. In reviewing the conditions listed in the March 20, 1989, staff report, it appears that Condition #10, which reads "the proposed easterly ingress only entrance is required to be a maximum of 18' wide, the ,proposed westerly ingress/egress a maximum of 30' wide., and both entrances to have a minimum 25' curb return radii", can be eliminated. All other items in the March 20 staff report are accurate as stated. Assistant City Engineer MPF/jj PHILLIPS 66 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, Cl, C2, C4, D1, E1, F1., and G1. 2. The well and septic system shall be abandoned to WPC -4'0 and City standards. 3. No outside displays or sales shall be permitted. 4. All signage shall be subject to the City's one-time, sign fee of $2.50 per square foot and no,fabric-type signage shall be allowed on a permanent basis. 5.. The pylon sign shall not exceed 27 feet in height,, with a maximum signage area of 125 square feet per side. Berming shall be provided along Pilot Knob Road and Duckwood Drive and all landscaped areas shall be irrigated. 6. Flagpoles shall not exceed 27 feet in height.. 7. All rooftop mechanical equipment shall not be visible from the public streets. 8. A 40 -foot path right-of-way is required for Duckwood Drive. The opening width and curb radius dimension shall be determined with the technical plat submission and approved by City staff. STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its add-itional 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. Easements and Rights -of -Way 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. 91 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. Thi,s 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. J Advisory Planning Commission City Council Approved,: August 25,, 1987 September 15, 1987 Revised: LTA#2 STANDARD z- �.aa - . va. =e aas as¢ e = aavaaa= as ansaa=s ca= = a m a. aav va ------------------------------------------------------------ PLOT KNOB R0. R'.SAIL 8Y a -----mac- ---------------- - _-._-------_f ---- - I 1 1 i 1 1 1 1 1 CITY OF EAGAN SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLAT, CONDITIONAL USE PERMIT (PHILLIPS 66 ADDITION) APPLICANT: PHILLIPS 66 COMPANY LOCATION: NE 1/4 SECTION 16 EXISTING ZONING: AGRICULTURAL DATE OF PUBLIC HEARING: MARCH 28, 1989 DATE OF REPORT: MARCH 20, 1989 COMPILED BY: OF COMMUNITY APPLICATION SUMMARY: Separate applications have been submitted requesting a Rezoning of 1.2 Ag (Agricultural) acres to a GB (General Business) district, a Preliminary Plat and a Conditional Use Permit to allow motor fuel sales located in the triangular parcel between I -35E and Pilot Knob Road, along the north side of Duckwood Drive.. The Conditional Use Permit will include a pylon sign. COMPREHENSIVE PLAN: The project site is designated for LB (Limited Business) use in the Comprehensive Land Use Guide Plan. The proposed motor fuel station/car wash is most consistent with the GB (General Business) designation and, as such, would require a Comprehensive Plan amendment to change the land use designation to GB. A GB designation would generally be compatible with adjacent CSC (Community Shopping Center) uses to the east. However, adequate buffering of the project site is necessary to provide appropriate transitions between the GB uses and adjacent LB uses to the south. The adjacent property to the south was zoned to allow commercial uses within the Pond View Planned Development.. EXISTING CONDITIONS/SITE PLAN: Currently, there is a single family home on this site. The applicant was unable to purchase the smaller triangular parcel immediately to the west that has direct frontage along I -35E. With any development on this site, the well and septic systems must be abandoned to City specifications. The site is situated above both Pilot Knob Road and I -35E. Some existing hardwood deciduous trees could be transplanted on/off site. The convenience/cashiers building contains 1,405 sq. ft.; the car wash contains 1,556 sq. ft., along with a canopy containing 7,467 sq. ft.., total lot coverage is 20% in a 35$.district. lb All building and parking setbacks meet Code requirements with the exception of the car wash along the western property line. It is shown at 5' and 10' is required. The car wash containing a blow dryer is situated in a north/south manner with the exit on the southern side. This is the desired position, especially in winter months when freeze/thaw problems can occur. Six gasoline pump islands are proposed and adequate parking has been provided. Both buildings will have a rock-faced finish, black canopies, accented by red stripes and lettering. The pylon sign has not been designed, however, Code will allow a maximum height of 27' and 125 sq. ft. of signage per side. All canopy signage will be limited to 20% of the canopy facade. A landscape plan was prepared by a landscape architect familiar with Eagan's landscape requirements with concerns about the freeway corridor image as well as street scape appeal. It is well done and will not need to be revised for further submissions. PARK ISSUES: The proposal shall be subject to a cash parkland dedication. A 6' concrete sidewalk shall be placed along Duckwood Drive with an 8' bituminous trail along Pilot Knob Road.. GRADING/DRAINAGE/EROSION CONTROL: The preliminary grading plan submitted as a part of this application identifies cut areas of 2' to 8' over the majority of the site. This will allow the site to be at the same elevation as the surrounding streets to the east and south. The grading plan also proposes to construct berming along Pilot Knob Road and along the north side of the site. The development proposes to intercept the site generated runoff from the north half of the site by an internal storm sewer system that will convey the runoff to the existing storm sewer on Pilot Knob Road. The south half of the site is proposed to drain across the parking lot to the existing storm sewer utility on Duckwood Drive. Both existing storm sewers are adequately sized to Accommodate site generated storm water runoff. UTILITIES: Sanitary sewer of sufficient depth and capacity to serve this site is readily available from an existing 8" sanitary sewer 60'' west of the site. A manhole shall be added on the site over the sanitary sewer to facilitate cleaning of the line from the car wash. Water main service of sufficient capacity and pressure is readily available from Duckwood Drive and Pilot Knob Road. The development proposes to take its water main service from an existing hydrant lead on Duckwood Drive. The developer will be responsible for capping and abandoning any existing wells on the site in accordance with Minnesota Department of Health requirements. STREETS/ACCESS/CIRCULATION: According to the revised site plan as submitted, access to this site is proposedto be taken from two entrance driveways off Duckwood Drive. The proposed 25' wide ingress only driveway is required to be limited to a maximum of 18' wide. The proposed westerly ingress/egress 35' wide driveway should be limited to a maximum of 30' wide. Both driveway openings shall have 25' curb return radii. EASEMENTS/RIGHT-OF-WAY/PERMITS: Appropriate easements'are required for all public utilities installed outside of the public right-of- way. As shown on the preliminary plat, 75' of half right-of-way has already been obtained for Pilot Knob Road. An additional 10' of right-of-way is requested along Duckwood Drive to provide a 40' half right-of-way. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. The construction of the proposed 12" storm sewer line from the site to the existing storm sewer line on Pilot Knob Road will require a MnDOT permit and a Dakota County Highway Department permit. FINANCIAL OBLIGATIONS: Based upon a study of the financial obligations collected in the past and the uses proposed for the q 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. PROJ / DESCRIPTION RATE OTY ANT 538 Water Availability Charge 2115/A 1.16 A $2,453 514 Lateral Ben. Wtr. Trnk. 8.95/FF 172 FF 1,539 24 Lateral Ben. Wtr. Trnk. 22.70/FF 140.26 FF 3,,184 297R Storm Sewer Trunk .056/SF 24242 SF 1,358 297R Storm Sewer Trunk Upgrade .027/SF 50477 SF 1,363 466 Storm Sewer Lateral 18.95/FF 290.26 FF 5,500 466 Trail 8.10/FF 462 FF 3,,742 466 Street 90.35/FF 215.26 FF 19,449 514 Street Duckwood Dr 50.35/FF 172 FF 8,660 TOTAL $47,248 q3 PHILLIPS 66 ADDITION CONDITIONS: 1. These standard conditions of plat approval as adopted by, Council action on September 15, 1987 shall be complied with: Al, Bl, 132, B3, Cl, C2, C4, Dl, E1, Fl, and G1. 2. The well and septic system shall be abandoned to WPC -40 and City standards. 3. No outside displays or sales shall be permitted. 4. All signage shall be subject to the City's one-time sigh fee of $2.50 per sq. ft, and no fabric type signage shall be allowed on a permanent basis. 5. The pylon sign shall not exceed 27' in height, with a maximum signage area of 125 sq:. ft. per side. 6. The parking stalls on the north side of the parking lot shall be 10' wide. 7. The car wash shall be moved 5' to the east. B. The landscape plan prepared by David Kirscht Assoc. dated 3/13/89 shall be submitted as the final landscape plan. Irrigation shall be required. 9. Flag poles shall not exceed 27' in height. 10. The proposed easterly ingress only entrance is required to be a maximum of 18' wide, the proposed westerly ingress/egress entrance a maximum of 30' wide and both entrances to have a minimum 25' curb return radii. 11. A 4^0' half right-of-way is required for DuckwoodDrive. �a A. S 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. Easements 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 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 datep 96 t 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 perm -its 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 PHILLIPS 66 FIRST ADDITION STREET MAP ZONING MAP COMP PLAN MAP �-n 1 q1 1 1 1 1 1 1 PRELIMINARY PLAT OF PHILLIPS 66 1ST ADDITION -0 PLOT KNOB RD (C.SAN. 90 �8--------- - - -_ _ _ __ --- OMER amm W. �{ Yan ssrq" 'JSe]NLOT IMW.IOI. I mrr W e nnisw t a Tiaos �ryf II e I 1 �R II I o 5_ ,. (nel-ee,-eeoo E 9 1 6 II II' osPHEL� h II ® L--rI p k fN!-�• IIS o�ioxs.W.uirtaiW -(i- I I 0 MWWw .w swT e •II' I LOT 1 I I `1. ;. (qq^� I I Z {mx)-sw-za f BLOCK 1 L-_� I c IJu'^i syy�� I a 9l41ml� \ I I 50,477:19 S.F. 1- I j C I C I (1.16 ACRES) i s II I g wx "69 BMOC 9 I a h I Iii. 1 II 1WMG .Dnantwiu A \ ON0o0'3D W-aNMLL mss ..,,, s mosTo i G� .�-•• Lm., sa..nae sr. {2e •.) (I rto.r. e,me.el s, (oma, AC.) �7 G (1 emnaa xo.w. t.Toa.e. sr. (nw ec) Sok IF. hu=a) 1 `off ,g JJ ea��vvn�s vv�nawve®w\ 'I�\\ �r� ntis• `...�rw �.�"•: �Yr MIR![Ilm IIBEWA GO�PANY- 0_I tee..—:_..��.�e•.,.�... k�orlixoe.:oucxw e4 - VM DATA LOT AREA —_____—_—_ o PILOT KNOB RD. IC.9A.H. 311 C CANOPY CAR WASH �Y TOTAL BLDG. POOTPIWf LANDSCAPE AREA PROVIDED PARKM REOIISED PROMED ZOMMe EXISTING PROPOSED SOATU By UNA BY. 17% ?AOIL7 SP. " I, S&e OF. Ln SM22-3 SF. T/.1% 10"5 OF 4 SPACES SPACES ABRICOLTUR LL ®-GENERAL BUBSESS 1 iry � sTluvsm var-_�— "T �Ob RIOR PK 1 0 G _____—_—__—_ PILOT KNOB RD. 1C.S.A.H. 311 LLL�l !I ax�molno' � — — . - =fl __, I I� II II II II I I I II I l / I I I I I I I I I I I I I I I I I I I �1 �ORIII i11R_L�:,\IIMIti fa�_i�ll�� IN an LANDSCAPE PLAN �iBB/ .211. PHILLWS !B COMPANY yl f AHI KNOB ♦ DUCKWOOD ... _________________ yr � an�.ns (9Lm9.A911,q..R'.m1111+, PRELIMINARY PLAT OF PHILLIPS 66 1ST -------------- - --____-- ---------- ---==-- i PHOT KNOB RD. fC.S.A3i. 31) ADDITION M i (I uee� m+u �I IenNe«�++e B�pB� � I orrnecu 6e III 3 mum ee 9MIen q� II I ammm e III 9 `� xwTN VM E I i, II I � >on rwaW uxc .ORTN _e9. I g .MxtmrA vwur a9t`cmrs .t III-- 1y1 u9c e09R9.A1 ene mo p I eoa 11e9 III lav)-ego-s+w II I R II I •::rir•:::::::w:•:viT:r •:-•:::.. '>f'– "" '431: 1 v� OosINO apM •. •: JX,:::•:::•::::•: ':::•::::::::: •::: • P11m04G aWw9 W-MN-QNF94 B1.4 A9 • • — 110]1 5 pp]f•L' [ ��• •�••�•� a 1 \Ili V WT t 00..'Il.fl SE lLle AC) Q 0.Q.. 9.19.99 if. (031 AC) s gg l� 7 A001TIpNIL 0.0... t.a09.e Sr. (0.M AC) n-enw sc (1..t Ac) \ t \ \\ r.�n`.�`..�........rr.....�rr�•r_r. nerwnwlaeunasl)m t Y'•+.�–.'. a �.`.:.� Es .�.` `� P1I S !! GQPANY .� �....�. � OT IOIOB . OIA(W 02 5TORm sewEQ-TauoyK — a4) aya S. F tea, PRELIMINARY PLAT OF PHILLIPS 66 1ST a = I PLOT KNOB Im. (C.S-kK 31) "2• ms6xc lw�Mc Aoeannmu •::'ii:'i:•1:: • • • •:: • • _ Y� WO.OYO ImNc W-2 RAL BUeiE65 J> Lm 1 7� ..a J� 9.W9.69 Sr. (021 AC.) --------- �O AMrmAL 0.0.W, 1101.5 SE (ON AC.) elSle.e Sr. MAI Ac,) k du 604 ,�ti 0 \ 'a ADDITION -own,•' / L _ -,�' - 1� =4-3 " =a.= _ _ _ E 4 —y --fir-- a �I I Qmm R. • mlFM F. 00D mm tome Yn. ( n•u, N 1111]I (614-4N-41111 v� � i ot,,tana[n IIII 3 i.�y�s se m xw y) a III V w BAxnswt m 1AOa lI r e III > _ ,. (mm)-eet-eem j; II pp II 6 . u(mlexa r� ld xmlx stw o c viea 3 III xIa "AAMR w xmW po R WIK M e 7 a�:�:Z(e1])-e-Me] 0y aas®oma N I - iw II I B n= I1Nxi501A e1N PALL" 911NCYOII6 Mc }pzY III i NWAL BqI AK0 i l 6 III eLm,fWLLw mn1 i S III (et])-Oo nw 1 O Ili uTi.. .................•...... j•..=;;::)}•i.}�1Yv.;�r •?:;i -: ::::::::: • •• : : • • ms6xc lw�Mc Aoeannmu •::'ii:'i:•1:: • • • •:: • • _ Y� WO.OYO ImNc W-2 RAL BUeiE65 s.,iSl.' L �� �� w� '1\ Lm 1 70.77.10 Sr. (1.16 AQ) ..a 0.0.N 9.W9.69 Sr. (021 AC.) --------- AMrmAL 0.0.W, 1101.5 SE (ON AC.) elSle.e Sr. MAI Ac,) du AmIld !m1 nu aaeuL}uR ec \ IPHLU MTR KWeBBI� .."^',. d,:, �:"' • •�• • ••• • �• �� IPLOT KNOB • ODU(N :`: WATER A�AII.ABIt_1 Cy CHARGC - 1.1:, ACRES A00 STORM Sv-\.Jjr-R Ul"GRAirDS - 11.16 &C.PP-S PRELIMINARY PLAT OF PHILLIPS 66 IST ADDITION 54 N o �lp 1 MEN 40 PILOT KNOB RD. 10-S.AR 31) LOT 1 BLOCK 1, I 50.477.19 S.F: (1.16 ACRES) I / 1 / J,fNe— W.l�� L /�-- i. �A Jeea RL01 I j wiswsx..x nlxx iy� feu}-.a�-sue e II I � w evxnrneu. ox T,ao, e III o ,mO3� k vis 3;- III xaa �1X wa wxtx ft to exl� nl �, s� ��q I I i Z caul-n3-aevx cl ; v 's Y�; I I a SABIUM 1R1 MT" reuxT WrWl'a5 ac A", 1 ele05eexl B .,o eox lieu II.I 9JxxsNLLLw eam v III leu)-evo-T,n s G Ili t nl nl F]mTMc'z wewTwu .— Y— xno?osEc xmRc ®-awwu eu IiW�11 1M1 p.16 k0wSF. O 0.6M. I.Ms S. (e.M AL) ) 31.3345.3 sr. p.0 sy .vs -Fe.�T WATER "TR vu1J K — ams; LATGRRL B6NEF%T WA7-E2-TRLktJK- 140.a(o F.F r _ _ OT Kx10E �011fl(W000 -Fe.�T WATER "TR vu1J K — ams; LATGRRL B6NEF%T WA7-E2-TRLktJK- 140.a(o F.F —' i Sl 1� J� �O k ro 4r+o PRELIMINARY PLAT OF PHILLIPS 66 1ST ADDITION PILOT KNOB W. (C.SJ1H 311 B V9V. �NTV. T�— LOT 1 BLOCK 1 50,477.19 S.F. (1.16 ACRES) E � c III: , A I sola W. a eam] F. axs v+ I 55ea PROT. www W. ( UCIJi. wx win �^ SLI (elx)-se-�ne `. r 3 rwrtie•s ae �tprvAw. e II �, W aAnntsvesi a 7,0)"I qH-2 w =5w ml3 d NwI]O]5 wmew 1Ar¢,wwnl 0vEwwSw; w S 7 ZO (alx)-saa-xsx aftwlwwEWTA VAl3IT. smnoes MC 1.n,+ clwws mA IM1EVAwo �' ,III -0 lXNII �mjw ter. r....rr.F• _ LA-VERA1_ 5—M9M SEWER — A9O.A% 'F -F. oanwaxwiwe eoeannmw — `Y a wrooac toimc i O II IDi t Se.eW.+O S.L (+.le 11(L) glfe.ee SF. (ax+ AL) i Sl 1� J� �O k ro 4r+o PRELIMINARY PLAT OF PHILLIPS 66 1ST ADDITION PILOT KNOB W. (C.SJ1H 311 B V9V. �NTV. T�— LOT 1 BLOCK 1 50,477.19 S.F. (1.16 ACRES) E � c III: , A I sola W. a eam] F. axs v+ I 55ea PROT. www W. ( UCIJi. wx win �^ SLI (elx)-se-�ne `. r 3 rwrtie•s ae �tprvAw. e II �, W aAnntsvesi a 7,0)"I qH-2 w =5w ml3 d NwI]O]5 wmew 1Ar¢,wwnl 0vEwwSw; w S 7 ZO (alx)-saa-xsx aftwlwwEWTA VAl3IT. smnoes MC 1.n,+ clwws mA IM1EVAwo �' ,III -0 lXNII �mjw ter. r....rr.F• _ LA-VERA1_ 5—M9M SEWER — A9O.A% 'F -F. oanwaxwiwe eoeannmw — `Y a wrooac toimc w -anew euseras O II IDi t Se.eW.+O S.L (+.le 11(L) glfe.ee SF. (ax+ AL) O Uo... OdnwLL 0.O.W. t.M-5 SF. (0.W AC.) O]LL al.exa.a SF. (1.41 AC.) 11 o� I' i (�(p66!lM1,6wlwr �llll) PRELIMINARY PLAT OF PHILLIPS 66 1ST ADDITION ---_ - PLOT KNOB RD. (C.SAFi. 30 •' / _=_ -- �= _ .,. ��-- epi skII' I LOT 1 �IF BLOCK I \ I F. (1.16 CR $) ph� I (1.16 ACRES) 6 90 �� 0 J Me�wm.�wew6wwa wwe w�nrwvwm ww 1 \ lbw MwC m. �. DUCK WOOD DR1QC `PILOT 4waz ':Rcu+D +vi n (Al �y I I 6.WOE •. f [6ID1 r., af5 ' , i aam vum is®.rm. LI 6wx. Yx xlu IevNs.-nle �99 I 3 M1nws se cwipmy e III w WnE5.51t a 7Aoe6 = II I � j _ n lo+e)-eel-ae6o sm 1w I 0 gwre SSM) �5 I I @@33 ZO (eu)-nlm, SSe-5662 _ III g YM MTA YAl1LY 961YC1eR5 MC 1111 l c e011s1o14.eWILVARo W ILI eox-ne6 s@ III eu""sMa� W uvr III feu>-eea-mo C Ili Ap $ II FJw�e Vis.. ��rY �...—.. r.�rr.`s --.�• �! V'PGNZADE — 1'7a F.F. uvcpyAOE— a(5. D(o FF_ Df c G Aoeat11m6� �— •'' 1 Y Y G MO!'UYL'zm.0 WT 1 1�A lwA ko.w. \\ lyL CB RN aUA615 5o6Tlo'&F. (l.le I1C) o.1)oe9. Sl. fell AC.) 1.M.5 5!. (a.W AC.) 61.]]66'5.!. (l..' ACJ L w Ap $ II FJw�e Vis.. ��rY �...—.. r.�rr.`s --.�• �! V'PGNZADE — 1'7a F.F. uvcpyAOE— a(5. D(o FF_ O J PRELIMINARY PLAT OF PHILLIPS 66 1ST ADDITION ____—___== _ ♦ PRAT KNOB FID. (C.SAH 31) err — i E 7� J£ \ .0 k �A Lm 1 BLOCK 1 50,477.19 S.F. (1.16 ACRES) 61 wws.a \ \ it / \ I _LSI. I '9, .11010 lb \N� w •, a+a+ uma.exr. mor TRA%L- — L4(Pa FF —fir-- • I I I oLmcr. w. a mID+ r. mass 'ase! wLOT Y+ee.10). rAGW.5 YHx3 i (anHa�ane 3 n m ee mivan e II w e•ii a m 7e aq I j Wx Z (a+aNseP aeet i II I no senrma ~ II B ++eaasou Vu suwc+ars ne +y+ uec nWn+e.L eov m W III eov.++ev. iSF III euxxs"uF_ w ssnx III le+x)-evo-'mo � Ili R II I pr.4eMG =f MNG +WENL11R4 Mooasn xoewo w-ananu eumrtss B �d `dal' 0 n WT + v.ae 1�eod+iau ko.w. sv.m.+v. sr. (+.+e •C) v.aw.ev sr. (o u.) +.M.5 sr. (o.o..c.) si a .e s.r.. (va ec) .�.�...—ten. ��...... ��.�r`...�'.�.... a r 823.5 829.7 �i4 GA EN• in ti a fc;`' CP- 12 �gvs�'1 829.6 BLDG 82.0 2 nA, m CEN eT cP-11 795.0 JP -2 i A_ K ! K 808./ 944.0 LS A� N - W444. 16 BP -1 eq6. 790.3 80/.0 _- �; CITY .� 1 BL NK 27 PARK A 4FZY. � �� I /l K , I • BP -2 L SUBJECT PARCEL FIG * 1 city of BLIC STORM SEWER •1��: Piet:° PUBLIC . WORKS MASTER PLAN DEPARTMENT �` ohm .. wm 1mv.18 _..,:.. 823.5 829.7 �i4 GA EN• in ti a fc;`' CP- 12 �gvs�'1 829.6 BLDG 82.0 2 nA, m CEN eT cP-11 795.0 JP -2 i A_ K ! K 808./ 944.0 LS A� N - W444. 16 BP -1 eq6. 790.3 80/.0 _- �; CITY .� 1 BL NK 27 PARK A 4FZY. � �� I /l K , I • BP -2 L SUBJECT PARCEL FIG * 1 city of BLIC STORM SEWER •1��: Piet:° PUBLIC . WORKS MASTER PLAN DEPARTMENT 80.27195 _ 65.9/76.0 I 77 r ' 8, -10 v — g�cH AN 71 I. z Bt FO% -ARKh113Y4 670/7 .0 s� 910GE 67.5/ 517/�II�— 74.2�, Ti�pr 92. x'/95.0 75:D ..i'14.0 c 6 S$.0/ \;175.9, 74 1� 8 g+ O ~'20° 75 74 Po' ppIJ�,R �I�y [qRR 11 SURREY X20'_._ T- l �'(J 99.5 76 TREAIFwtl�V �I re ' GARDENS " IOB.O 79.8/ PLAdTNT �' J N N �.% Ufa 85.0 SIfTEsN �% H�LGHT114 I A` /�,� / /TN (37 MAA rj7 0 � 91 85.6/ 2 ne �- ' ! 41P 94.0 ROYAIL OAK �CO . CIRCI(E�hO I 0.0/89.0 0" .;9.7/970 imp 265 0 g�Hn nj Pi O 141L L:,9 F3feG.0` B I �4��9 -7 r �p \♦ �� 1 i iraw `::SUBJECT PARCEL FIG # 3 city of eagan WATER"�0"°d' standard DISa PUBLIC WORKS MASTER PLAN DEPARTME \ bc\ MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA APRIL 25,t 1989 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, April 25, 1989, at 7:00 p.m. at the Eagan Municipal Center. Present were Chairman Pawlenty, Members Voracek, Graves, Trygg, Merkley, Miller and Gorman. Also present were Assistant City Engineer Mike Foertsch, Community Development Director Dale Runkle, City Planner Jim Sturm and City Attorney Mike Dougherty. AGENDA Graves moved, Voracek seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES Voracek moved, Merkley seconded, the motion to approve the March 28, 1989, Advisory Planning Commission minutes as presented. All voted in favor. LLIBS =66 .FIEST-DDI'PION/PNILI:IS I6;CgIlpANY Chairman Pawlenty opened the first public hearing for the evening regarding 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 Planned Development, General Business district,ta 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 summarized, the applications for the Commission. Be stated the applicant was requesting a Planned Development with a General Business use. He further stated a single access was proposed. He diagrammed the triangular parcel setback. He informed the Commission that staff suggested a brick exterior. He recommended the addition of a condition stating that the driveway location may be shifted either east or west and resolved prior to final 'plat approval. Jim Phillipe (North Star Engineering - representative for developer) explained the changes in the new proposal which included the landscaping and the building location. He informed the Commission the developer was not objecting to conditions one through nine. There was no public comment. `� ) Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES April 25, 1989 Commissionmember Graves asked for an explanation of Exhibit E. City Planner Jim Sturm stated there were. Planned Development uses to the south of this development. Commissionmember Gorman asked if the Phillips property was included in the Pondview Planned Development. Mr. Sturm replied no, that Exhibit E was presented only for illustrative purposes. Commissionmember Merkley asked if there was a problem regarding brick versus stone. . Arlen Allison (Phillips 66) explained that Phillips 66 -was attempting to set a nation wide image and that stone was its choice. Be pointed out that at Town Center, Hardee's was constructed of brick and the auto center was constructed of block. Be described other uses and the materials and stated that Phillips 66 preferred using stone. Commissionmember Graves stated that he felt there was a need to develop compatible uses for the area and informed the developer that if brick was not used, the project may lose his full support. Be pointed out that the construction was one of the reasons the matter was continued from the previous Advisory Planning Commission meeting. The developer responded that its image was at least as .nice as brick and pointed out that stone was more costly than brick. Chairman Pawlenty asked how close the canopy was to the lot line. City Planner Jim Sturm commented that it met Code. Mr. Pawlenty asked what types of restrictions would be used to draft the Planned Development. City Attorney Mike Dougherty responded that the uses would be limited by agreement with the developer and that some of the uses would be General Business in nature. Commissionmember Voracek had questions regarding proposed condition number eight. Assistant City Engineer Mike Foertsch responded to his concerns. Commissionmembr Gorman asked for Mr. Sturm's opinion on brick. Mr. Sturm responded that applications had been submitted showing brick on uses to the south. Commissionmember,Merkley asked if there were any changes on the adjacent triangular piece. Mr. Phillipe replied that the owner had no concrete plans and that the property was on the market. Mr. Merkley felt that the two pieces should be tied together. Chairman Pawlenty questioned that if the triangular piece developed, would one access be sufficient. Mr. Sturm stated it probably would not be sufficient. Chairman Pawlenty asked the Commission for its feelings regarding more intensive use on the parcel. Commissionmember Trygg was opposed because of the change in use and the freeway visibility. Commissionmember Miller stated that the proposed Planned Development Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES April 25, 1989 gives the City more control and he saw no problem with the proposal. Commissionmember Graves commented that he felt that if the road has five future buildings, all of the exteriors should be the same. Be further stated that Planned Development gives the City control. Chairman Pawlenty remarked that if brick was better, the Commission should add a condition requiring brick. He commented that the Community image supercedes the corporate image. Member Merkley questioned if Exhibit E would be attached as a part of the Planned Development Agreement. Mr. Sturm reported that it was an option. Member Graves declared he felt nothing was more intense than a gas station. Member Merkley asked when the conditions would take effect. Mr. Sturm responded they would take effect at the technical stage. Member Miller stated he did not feel that brick was that much better than stone. Member Graves reported he would like brick added as a condition. Member Merkley commented it would make the area uniform. The developer explained it was entirely independent of the developers across the street from the project, that brick was cheaper and that the developments to the south were pending. There was further discussion of the exteriors of the surrounding uses. Member Trygg asked if the property to the south would require changes also. City Planner Jim Sturm replied it was a possibility. Member Voracek reported he was neutral on the exterior issue but that the Planned Development was his biggest concern. He also had concerns regarding the access issue and stated that both items had been resolved. Mem4er Miller commented that brick may not be workable. The developer reported that it would have to be considered. Graves moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment changing the land use designation from Limited Business to General Business as requested by Phillips 66 Company. Merkley, Miller, Voracek, Graves and Gorman voted in favor; Pawlenty and Trygg voted against. Graves moved, Voracek seconded, the motion to approve a rezoning of 1.16 Agricultural acres to a Planned Development, General Business district as requested by Phillips 66 Company. Merkley, Gorman, Voracek, Graves and Miller vote in favor; Trygg and Pawlenty voted against. Graves moved, Gorman seconded, the motion to approve 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 as requested by Phillips 66 Company, subject to the following conditions: ll� Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES April 25, 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, C1, C2, C4, D1, E1, F1, and G1. 2. The well and septic system shall be abandoned to WPC -40 and City standards. 3. No outside displays or sales shall be permitted. 4. All signage shall be subject to the City's one-time sign fee of $2.50 per square foot and no fabric -type signage shall be allowed on a permanent basis. 5. The pylon sign shall not exceed 27 feet in height, with a maximum signage area of 125 square feet per side. Berming shall be provided along Pilot Knob Road and Duckwood Drive and all landscaped areas shall be irrigated. 6. Flagpoles shall not exceed 27 feet in height. 7. All rooftop mechanical equipment shall not be visible from the public streets. 8. A 40 -foot path right-of-way is required for Duckwood Drive. The opening width and curb radius dimension shall be determined with the technical plat submission and approved by City staff. 9. The driveway location may be shifted east or west ana resolved prior to final plat approval. 10. The exterior of the building shall be constructed of brick material compatible with the existing medical clinic. Gorman, Graves and Merkley voted in favor; Pawlenty, Trygg, Voracek and Miller voted against. Member Voracek questioned if the approval of this change would bind the City to change the use to the south also. City Attorney Mike Dougherty replied he was not familiar with the Planned Development to the south but that if it were not allowed,•the developer would have to request the change. He reported it would depend on the facts of the situation. Graves moved, Voracek seconded, the motion to reconsider the motion to approve the rezoning of 1.16 Agricultural acres to a Planned Development, General Business district as requested by Phillips 66 Company. All voted in favor. Graves moved, Voracek seconded, the motion to approve the rezoning of 1.16 Agricultural acres to a Planned Development, General Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES April 25, 1989 Business district, subject to development being limited to (1) Limited Business; or (2) Motor Fuel Sales. Gorman, Graves, Merkley and Voracek voted in favor; Miller, Trygg and Pawlenty voted against. Member Voracek explained be had voted against the preliminary plat because of (1) the brick motion; and (2) the precedence of the approval - if the Planned Development to the south did not allow motor fuel sales, the City would be bound to approve it, if it approved this plan. Member Voracek reported he voted incorrectly on the rezoning. Member Gorman agreed and stated he opposed the rezoning. Chairman Pawlenty questioned if Exhibit E allowed motor fuel sales. City Attorney Mike Dougherty replied no. Pawlenty questioned that if motor fuel was requested, did the Advisory Planning Commission review it. Mr. Dougherty responded yes. Member Miller stated he had a problem with the preliminary plat in regards to the brick versus stone condition. He stated if the brick versus stone condition were deleted, be would vote in favor. The developer requested clarification. Member Gorman asked if the Commission could revive the rezoning vote. Member Graves responded yes, that he could move to reconsider. There was discussion regarding the property to the south and the precedent value. Trygg moved, Graves seconded, the motion to approve the 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 as requested by Phillips 66 Company. Miller, Merkley and Graves voted in favor; Pawlenty, Voracek, Trygg and Gorman voted against. Voracek moved, Miller seconded, the motion to reconsider the motion to deny a preliminary plat consisting of one lot, located in the northwest corner of Pilot Knob Road and Duckwood Drive,in the northeast quarter of Section 16 as requested by Phillips 66 Company. All voted in favor._ Graves moved, Miller seconded, the motion to approve a preliminary plat consisting of one lot, located in the northwest corner of Pilot Knob Road and Duckwood Drive in the northeast quarter of Section 16 as requested by Phillips 66 Company, 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, Cl, C2, C4, Dl, El, F1, and G1. 2. The well and septic system shall be abandoned to WPC -40 and City standards. 1�� Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES April 25, 1989 3. No outside displays or sales shall be permitted. 4. All signage shall be subject to the City's one-time sign fee of $2.50 per square foot and no fabric -type signage shall be allowed on a permanent basis. 5. The pylon sign shall not exceed 27 feet in height, with a maximum signage area of 125 square feet per side. Berming shall be provided along Pilot Knob Road and Duckwood Drive and all landscaped areas shall be irrigated. 6. Flagpoles shall not exceed 27 feet in height. 7. All rooftop mechanical equipment shall not be visible from the public streets. 8. A 40 -foot path right-of-way is required for Duckwood Drive. The opening width and curb radius dimension shall be determined with the technical plat submission and approved by City staff. 9. The driveway location may be shifted east or west and resolved prior to final plat approval. Voracek, Miller, Merkley and Graves voted in favor; Pawlenty, Trygg, and Gorman voted against. Member Graves noted the Council should examine the brick versus stone issue. Miller moved, Graves seconded, the motion to approve a conditional use permit for a pylon sign located in the northwest corner of Pilot Kndb Road and Duckwood Drive in the northeast quarter of Section 16, as requested by Phillips 66 Company. Voracek, Miller, Merkley and Graves voted in favor; Txygg, Gorman and Pawlenty voted against. Miller moved, Graves seconded, the motion to approve a conditional use permit for a motor fuel station with a car wash located in the northwest corner of Pilot Knob Road and Duckwood Drive in the northeast quarter of Section 16, as requested by Phillips 66 Company. Voracek, Miller,, Merkley and Graves voted in favor; Trygg, Pawlenty and Gorman voted against. STOREBRIDGE 2ND ADDITION/ONITED MORTGAGE CORPORATION Chairman Pawlenty convened the next public hearing regarding a rezoning of 67.7 Planned Development, Agricultural acres to a Planned Development, Single Family district and a preliminary plat consisting of 121 single family lots located south of Northview Park Road and west of Dodd Road in the southwest quarter of Section 24. Agenda Information Memo May 15, 1989 City,Council Meeting VARIANCE/GRAHAM DEVELOPMENT -CO D. variance, Graham Development Co. for Lot 1, Block 21 Hidden Valley Addition for a 10 Foot variance from the 50 Foot Side Setback Along Pilot Knob Road --A variance application was filed with the City by Graham Development Co. requesting a 10 foot variance from the required 50 foot minimum setback along Pilot Knob Road to alleviate difficult building restrictions at this site. For additional information on the variance request, refer to a report prepared by the Department of Community Development enclosed on pages \k% through _ILg. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 10 foot variance from the 50 foot side setback along Pilot Knob Road. 1lU SUBJECT: VARIANCE APPLICANT: GRAHAM DEVELOPMENT COMPANY LOCATION: LOT 1, BLOCK 21 HIDDEN, VALLEY ADDITION EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: MAY 15, 1989 DATE OF REPORT: MAY 5, 1989 REPORTED BY: COMMUNITY DEVELOPMENT DEPARTMENT' APPLICATION SUMMARY: An application has been submitted requesting a 10' Variance from the requested 50' side setback along Pilot Knob Road (C.S,.A.H• #:31). COMMENTS: Graham Development Company is requesting a 10.' Variance to the required 50' minimum setback along Pilot Knob Road to alleviate difficult building restrictions at this site. Due to the configuration and location of this lot„ the applicant believes maintaining the 5o'' side setback will virtually deny the building of a house and garage because only 47" will be available in width. The applicant has originally allocated a width of 112' for this lot which was approved in both the preliminary and final plat stages. However, when the plat was submitted to Dakota County for recording, the County insisted on an additional 10' of right-of- way for C.S.A.H. 31. This additional dedication required by the County has prompted this Variance request. The proposed Variance request does not encroach on any existing or anticipated future public utility easement or street right-of-way requirements. This Variance request meets, or exceeds, requirements and the required findings as 11.40, Subd. 3.B.4 and 3.0 of the Eagan City \rl all other setback set forth in Section Code. LOCATION ZONING GUIDE PLAN I 1,3prT �1c- hell ;k 3"S3 SITE PLAN. S,fie�/QH l`�'IDr✓/N9 y-o�SClhock IZ'e9vPs7- if So�'frefvfire AvetiT 13y, L oviS �, a �eIYR� Me Ido ev5 io�i HarrP� - lfs'�-9j�3 GRA(\\�M DEVELOPMENT CC Agenda Information Memo May 15, 1989, City Council Meeting REMICK ADDN A. Remick Addition - Reconsideration of Preliminary Plat Approval- -On February 4, 1986, the City Council granted preliminary plat approval to the Remick Addition located as shown on pages LZ and 2y. Condition #1 of the preliminary plat approval contained on page Ips required City utilities be extended to this newly created lot to contain one single family residential unit. Enclosed on page 4 -JA is a letter from the attorney representing Mr. Remick requesting that this condition be deleted and that they be allowed to install a private well and septic system. Current ordinances allow installation of private well and septic for single family properties in excess of one acre where presently zoned R-1. ACTION TO BE CONSIDERED ON THIS ITEM: To delete/reaffirm Condition #1 to preliminary plat approval for the Remick Addition. 1 eZD VICINITY MAP FF mr/ -El 44 1 1 J� lw "m Preliminary Rof of: REMICK ADDITION I CMRLSTOVMl490N � • I L 1` rC Ac. 779V ArrGoe,r-eq." e. ' al -O efe-ei i,. z, i ter Addi�ion€ i/ z r . s c 7 e s e4+ a3Oo: No.3 L Y e rM S •. / t ov oo 032-W021-00 n 1 Y //+•/GHVIEW a '2-W o 022-00 `RE ITT. 0 rricE Rif ///err r/err Avc v I rJr2 I ei Ge.r.l_or7 ° f • - oa. Janw 1 0/0-JY6{ %/ I i z c 2 •. / zf- F oez-ao oez-ao 40 2 -Oo oL-0006207,41002- B R l D 2E VIEW ,� AV E. ' i + .,. Ir z e 4 i Jehn M: J i s • '' A 3 Pr/nir E� Jebn E. CIS I PL A T , ,e..r,..r•uor �j o'Teeb fC o90 -0o ° �•• HIGHVIEW c� _ V A L L! E Y VI ';y E Ivv�% 022-00 au of u.rl _ 0//-77 f 2 ) _ " _ 2 091-00 094-00 093-00 P L A T Fr A V N' Zavi �-';onre� ' ozsip Ylp, 3 �e Nr Sr:':::f/F�Ae;•>;%. o�07e eY•, 3p a1 '^::•P�i� f 1AV ff 74='6 eI prod /1E C. 11 a wr% MA I 012-77 On --777 rmnn ��� § rre\>Oi e Tr.r o3o-Ye { � y• �1 a �. B� /7 .� t>• 063-00• i fr q m . SEn ORC ` c i pz i Fd o' 062-00;j r ~ r e ' OI a0 1 7, sw Y -- -�1----f -----`----`Q'" 9 SKYLINE 0� 160-00 , •r ! yC i f- `i ` G RR 010-00 100 - IA ° - ��011-00le w 130-00�OU6 F -00 r � - ... OU -36 363-00 131-00 •pti +!/moo. S e [ ^ � 1 '•• 012-00 I GEORGE r 0! 091- J 9 I '- O� I WILLIAMS _ EXHIBIT ''B' 1. Public utilities be brought to,this development and if constructed under public contract, the project must be authorized by Council prior to final plat approval. 2. This development shall be responsible for its obligation for trunk area storm sewer assessments and the correct amount of trunk area watermain assessment. 3,. That the plat be in compliance with all other City ordinances. 4. That the owner be responsible for the construction and cost of necessary utilities. 5. That the,applicant be required to obtain additional land from the property to the north to provide the access required under City Code. 6. The applicant shall be required to donate to the City, 35 feet in property width on the east border of the existing parcel in exchange for the City's outlot. 7. As parks dedication, the developer will provide a strip of land 25 feet in width along the south property line through the extent of the parcel. B. The setback from the new south property line shall be 25 feet. RECEIVED MAY 1 1 1989 OLSEN, SNELLING & CHRISTENSEN, P. A STANLEY C. OLSEN.. JR. ATTORNEYS AT LAW OF COUNSEL RONALD L. SNELLING SUITE 400 WALTER C. GUSTAFSON JOSEPH J. CHRISTENSEN 5101 VERNON AVENUE SOUTH THOMAS A.BRIANT MINNEAPOLIS, MINNESOTA 55436 ROBERT P. LADE TELEPHONE (612) 927-8855 DAWN M. PARSONS TELECOPIER (612) 927-5427 May 10, 1989 THOMAS E. WOLFF Mr. Michael Foertsch Assistant City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 RE: Remick Addition Dear Mike: In my recent conversations with Ed Kirscht of the City's Engineering Department, I have been informed that, while Skyline Road may be improved, there is a strong possibility that those improvements will not include sewer and water lines from which Mark Remick's home could be serviced. I further understand that city ordinances permit a well and septic for a single family residence where the lot on which the residence is located exceeds one acre in size. I proposed to Ed Kirscht that Mark Remick be given final plat approval and be allowed to construct his home with a private well and septic serving the home since his lot is well over an acre in size. Ed commented that the preliminary plat approval included a condition requiring public improvements for the home and stated that it would be necessary for the council to remove that condition prior to allowing Mark to proceed toward f'inal,plat with the intent of using the private well and septic. I am writing this letter to request that this item be placed on the council's agenda at the earliest available meeting so that we can present Mark's situation to the council and seek their approval of his use of a private well and septic. Accordingly, I would appreciate it if you would schedule this for the council and notify me of the meeting at which the item will be heard. If there are any questions or problems, please give me a call. I look forward to hearing from you. Yours very truly, OLSEN, SNELLING & CHRISTENSEN, P.A. Joseph J. hristensen Attorn t Law JJC/bc cc Mark Remick \ ^� MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 9, 1989 SUBJECT: INFORMATIVE CITY CLEAN -IIP DAY The City Clean -Up Day, despite the cold weather and snow flurries, was a great success with over 100 adults and children participating. A week ago this past Saturday, the Arbor Day ceremonies, held in the rain and cold weather at Thomas Lake Park, were also a success with approximately 75 to 80 people attending and participating in tree planting despite the weather. ROCK REFINERY AIR QUALITY TASK FORCE Kristy Marnin, Planner I, Community Development Department, has been representing the City of Eagan as a member of the Koch Refinery Air Quality Task Force, and apparently, a preliminary design for an ambient air quality monitoring system around Koch Refinery has been completed and accepted by the task force. The Dakota County Health Department will manage the system for a special two (2) year program. A document will be distributed to each of the cities involved within the general area of the Koch Refinery, which includes Eagan. A brief presentation is planned for each of the City Councils during June, more than likely the June 20 meeting for Eagan. EAGAN POLICE DISPATCHERS Negotiations regarding a new contract for 1989 between the City of Eagan and its police dispatchers at Local #320, Minnesota Teamsters Public Law Enforcement Employees Union reached an impasse during the month of February. The reason for the impasse was a decision by the dispatchers to pursue a change in union representation. As recent as May 2, 1989, the City received official notification from the Minnesota Bureau of Mediation Services that the police dispatchers have held an election and voted for the Law Enforcement Labor Services, Inc., or what is commonly referred to as LELS, and therefore, the Minnesota Teamsters Union Local #320 will no longer represent the dispatchers unit. The City Administrator was served a status quo order by bureau on February 21, which is now lifted in its entirety. The City Administrator can only presume that the police dispatchers will want to re -open negotiations with its new representation in the near future. CABLE COMMISSION UPDATE Enclosed on pages �an through A1 is a Cable issues update prepared by the Cable Coordinator. I -35W COUNCIL Since many of you come in contact with the Mayor and members of the City Council in Burnsville, I thought my letter of response to the City Manager regarding Eagan's decision to not financially participate as a memb of the I -35W Council would be helpful. Please refer to page for a copy of the letter. I spoke with Linda Barton to inform her of this action prior to her receiving the letter. Apparently, the City of Richfield may contribute, but in the amount of $2,500 as opposed to the $7,500 Burnsville was requesting, and she also indicated that the City of Bloomington was also indefinite about their level of contribution. POCKETS BILLIARDS ESTABLISHMENT City Councilmember McCrae raised some concerns at the last City Council meeting about the frequency of police calls at the Pockets Billiards establishment. The City Administrator has reviewed the matter with Chief Geagan. Additional information is included in the attached memo enclosed without page number. DAKOTA COUNTY HRA STATUS REPORT 1986-1988 Enclosed on page ._ is a copy of a letter from Dakota County HRA. Also enclosed is the Dakota County HRA Status Report for 1986-1988 for your review. /S/ Thomas L. Hedges City Administrator L� *EAGAN a COMMUNICATIONS Z COMMISSION w/ 3830 PILOT KNOB ROAD, PO BOX 21199, EAGAN, NIN 55121 612 4548100 1�1 � TO: Tom Hedges, City Administrator - Eagan FROM: Mike Reardon, Cable Coordinator - Burnsville/Eagan DATE: April 26, 1989 SUBJECT: Update - Cable Issues The following items are current topics affecting the Cable Commission, the Cities and their citizens. MIDWEST SPORTS CHANNEL Background - Midwest Communications, wants the Midwest Sports Channel, (MSC - Channel 8), to be offered as part of basic service, with certain Twins game offered as pay-per-view. CTVNC states that basic service rates will have to be raised if the MSC is part of the basic service package as the cost for CTVNC to subscribe to the MSC services is anticipated to be too much for CTVNC to absorb. CTVNC wants the MSC to be offered as a discretionary or optional channel, with an estimated subscriber cost to be $1-2 per month. Current status Midwest Sports Channel, formerly WCCO-II, has been removed from the cable line-up. Negotiations have been broken off by Cable TV North Central with Midwest Communications, (WCCO). Action - The Cable Commission has decided that as long as neither side has violated the franchise agreement, which according to legal counsel it appears they haven't, this is a matter that does not involve the Commission and needs to be resolved by the two parties. The Cable Coordinator will continue to handle subscriber complaints as they are received and explain the situation. To date seven complaints have been recorded. CABLE LINE EXTENSION Background - The franchise agreement stipulates the cable company is required to extend cable into neighborhoods when there is a density level of 40 units per street mile. CTVNC has k:-), —I decided that when an area has reached a minimum density level of 20 units they will extend cable. Current status - Staff has received a proposed 1989 line extension list from CTVNC. The following subdivisions, areas or apartment/townhome complexes are projected to receive cable this year. Blackhawk Glen 2nd Add. Dodd Farm 3rd Addition Hills of Stone Bridge Johnny Cake Ridge Townhomes Pine Ridge Addition Stafford Place Addition Thomas Lake Woods Townhomes Bridle Ridge Dodd Rd. & Golden Meadow Rd. Hosfords 1st Addition Lexington Point 2nd Add. St. Francis Wood Townhomes Thomas Lake Point Apts. Action - City staff will determine if other areas are, or may become, eligible for cable extension in 1989. If so, staff will work with CTVNC to ensure that eligible homes will receive cable this year. CURRENT NUMBER OF EAGAN SUBSCRIBERS For Your Information - As of March 31, 1989 there were 8,016 homes that subscribed to cable TV in Eagan. This was an increase of 1,504 from March 31, 1988. The Eagan penetration rate of 48.12% (percentage of eligible units that subscribe to cable) is one of the highest in the Twin Cities area. For comparison purposes, Burnsville has 8,849 subscribers with a penetration rate of 47.84%. LOCAL ACCESS Current status - Staff is in the process of formulating approaches to negotiations with CTVNC regarding the local access transfer issue. Staff is developing negotiation scenarios which range from an entity, other than the cable company, operating and managing the local access operations to continued enforcement of CTVNC's local access operations as dictated by the existing franchise. CABLE SUBSCRIBER RATES Background - As a result of a recent survey I conducted on behalf of MACTA (Minnesota Association of Cable Television Administrators), of which I serve as co-chair on the Legislative Committee, the following statistics were noted. From 1986 (prior to rate deregulation) to 1989 the average basic service subscriber bill has risen 46% in the Twin Cities area. In Burnsville/Eagan the increase is 50%. Some communities have experienced an increase of 70% or more. Current status - The survey information has been forwarded to Ohio Senator Howard Metzenbaum who has introduced two bills to Congress regarding cable television. One of the bills redefines the criteria used by the FCC to regulate cable rates while the other bill is designed to stimulate competition in the market for multichannel programming services and limit horizontal concentration in the cable industry. Action - Staff intends to introduce this as an item for discussion at the May Commission meeting. If you have questions on any items included in this memo or wish to see any items expanded upon please let me know. I shall keep you updated on the items as developments or circumstances dictate,. of 3830 PILOT KNOB ROAD, P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-BIOO May 5, 1989 LINDA BARTON, CITY MGR CITY OF BURNSVILLE 1313 E HIGHWAY 13 BURNSVILLE MN 55337 Re: 1135W Council" Dear Linda: VIC ELLISON Moya THOMAS EGAN DAVID K. GUSTAFSON PAMELA MCCREA THEODORE WACHTER Cd 11 Members THOMAS HEDGES CIN AEminlsboloo EUGENE VAN OVERBEKE C1ry Clerk A decision to not financially participate in the 1135W Council" organization was decided by official action of the Eagan City Council at their last regular meeting on May 2, 1989. While the City Council recognizes the increasing congestion on I -35W and would support the need for improvements to that freeway corridor, our City is addressing the need for certain improvements to both I -35E and I-494. An additional interchange is required in the general area of I-494 and Dodd Road, additional improvements to I -35E and Yankee Doodle Road as well as other roadway improvements the City is beginning to negotiate with the Minnesota Department of Transportation. With the dismal forecast for revenue shortages in 1990, the fact this request was not budgeted as an appropriation in 1989 and the need to find revenues to support the various transportation improvements within the City of Eagan, an appropriation could not be justified for the I -35W study by the City Council. This action in no way should jeopardize the City of Eagan's willingness to participate at future meetings as a responsible neighbor or any other joint efforts we are exploring together. Sincerely, \ \ cw�-- Thomas L. Hedges City Administrator TLH/kf THE LONE OAK TREE. .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY DAKOTA COUNTY 11 'N I A."MA Serving People and Communities May 8, 1989 Thomas Hedges, Eagan Municipal 3830 Pilot Knob Eagan, MN 55122 Dear Tom: City Administrator Building Road DAKOTA COUNTY HOUSING & REDEVELOPMENT AUTHORITY 2496 - 1451h STREET WEST ROSEMOUNT, MINNESOTA 55068 612-423-4800 Enclosed is 15 copies of the Dakota County HRA Status Report for 1986 - 1988. We would greatly appreciate you providing copies to your council, planning commission, or other interested parties in the community. If you need additional copies, please let us know. We hope this report provides you with an idea of the HRA activities throughout the County. It has been a pleasure to be of services to Eagan during the past two years. If you have suggestions or ideas on how the HRA can be of greater services in Eagan in the future, please give me a call. Sincerely yours, /M Mark S. U14-� s Executive Director MSU:lz Enclosure \3 L�. U, A h.,* -D 4-0 AN EQUAL OPPORTUNIIY EMPLOYER" A regular meeting of.:.:.tAjp May 15, 1989, at 6:30 were Mayor Ellison and b&u'nci McCrea. Also present were Cit Director Tom Colbert, Communi City Planner Jim Sturm y Council was held on Monoay, Municipal Center. Present achter, Egan, Gustafson and rator Tom Hedges, Public Works ment Director Dale Runkle, v James Sheldon. McCrea moved, Gustafson seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES .......... ............ ............ ............... May 2. 1989. Mayor a change on page 14 ..... ..... correcting the spelling of ".:R.o9ei'Wtier-ke". McCrea moved, Gustaf son::::ser.Wbb�-1bj the motion to approve the ........... i 2':,-::'.'t'- ' ' ' Council meeting as amenaeo. All minutes for the May 2, 19:.§...f: : eigu ar o voted in favor. EAGAN CHAMBER OF COMMERCE Paul Helland, President of the Eagan Chamber of Commerce, presented a plaque to Ciq.::::-Apm -p�:atz:&t.or Tom Hedges for the City's . .:j ............ cooperation with the the City. Mayor Ellison commented he appreciated the mutual cQ.9peration between the City and the Chamber of Commerce. PARK DEPARTMENT/FORT SNELLING STATE PARK/SURPLUS PROPERTY City Administrator Tom Hedges recommended continuance of the matter per a request he received from Director of Parks and Recreation Ken Vraa. Be stated there was some confusion as to which parcel the DNR was interested in obtaiping. Councilmember Egan asked if ther6:::Qas any dollar value on the improvements. Ken Vraa present time there was no ................ dollar value available direction regarding the matter. Councilmember McCrea supportedx-t-he third alternative - exchange of the land for park improver . k:hts. Mayor Ellison informed Mr. Vraa to pursue a swap. Page 2/EAGAN CITY COUNCIL MEETING MINUTES May 15, 1989 Egan moved, GustafaQn seconded: he motion to continue to the June 6, 1989, Councilmeefri.g:.,the:>:Eguest for the transfer to the DNR of an 8.34 acre parcel wittsii::ti#rt Snelling State Park from the City of Eagan, to allow staj:-:-io Negotiate with the State for an exchange of the land for park improvements. All voted in favor. PUBLIC WORKS DEPARTMENT/MTC PARR AND RIDE SITS/CEDARVALE !TALL City Administrator?�Ai:13iigE::`st:Crmed the Council that Dave Brown, Upper Midwest Managemerik::CorpFzation, was in attendance at the meeting. He stated that there'w"as no"d,bjection by staff if an alternate site could be locate' a how.$: r, the City would not participate financially.:.:::;::.:;;: `i;':;:..;;:::>< Dave Brown informeo'the Council he could lose a 15,000 square foot tenant unless something could be resolved on the parking issue as the tenant required more space for parking. Public Works Director Tom Colbert presented the layout of the area and updated the Codke�3::on the history of the site development. He described the relocat ai>:q}ikl9n:a and commented that the merchants now wanted the park and ride*"si-te::::ei:iminated. Mr. Brown informed the 'Counci3:;ii was willing to leave the park and ride site as is and wou 4-:JoAfj�tain the site with the understanding that if an0#t:er 'site was located, the present site would revert to the cent6t He stated there was a possibility of a request for a variance for a berm. Mr. Colbert stated the matter had not been eiscussed in detail and asked when the park and ride site would be brought up to City standards. Mr. Brown stated when the site was relocated, it would be brought up to City standards. Mr. Colbert commented it appeared to :#`;a:,;43itw::n:::situation and that the matter could be worked out throt]}�r aii' egieeriritt. City Administrator Tom Hecrges informed the Council that the OPT OUT decisions would be made by rune, j�89, but that the relocation decisions could take a couple o":::years " Councilmember Gustafson questioned if the City could eliminate the site without relocating it. Mr. Colbert replied yes. Mayor Ellison requested the City:;IEtorney craft the necessary documents for the next City Council meeting. Councilmember McCrea::::Qni?�ist4dwould like the park and rine site to remain within the:::�i:fy:::•Caiirib4-inember Gustafson stated that MTC may not care and that staff should::investigate whether a complete vacation was necessary. Mayor Ellison;:'�lt the site should not be eliminated unless another site was located. Page 3/EAGAN CITY COUNCIL MEETING MINUTES May 15, 1989 Egan moved, McCrea:::Seconded, ,tie motion to receive the petition and direct staff to prepS::ass:;gK66 ent with the appropriate conditions in regards to th:e:.Jo..:�.:j�ark and ride site (Cedarvale Shopping Center). All voted in favor. PUBLIC WORKS DEPARTMENT/FAIRWAY HILLS 2ND ADDITION/STREET MAINTENANCE AGREEMENT Public Works Dire ctO.Y'P 'd'i(i,b'tiilU''iti introduced the matter to the Council. Al Herrmann (Bridlewi3:i]e Ja #t Venture) informed the Council he had no objection to the location:gf. the street but stated he was losing buyers because of the:`&tibw re.'m val agreement. Be remarkea he was willing to donate to::::ttt�. C.i'tyt:«t:4 allow for the backing up of the trucks. Be further commentiErid that:::the adjoining golf course woula probably never develop. Mr. Colbert reviewed the four options that were available to the City as outlined in the packet. He commented that this type of situation would continue.:.Xq arise. Mr. Herrmann statea 'Ctfak:: -e:l,.ot was a single family home ano that the driveway would beOn tlib::aest side of the lot. Mayor Ellison asked if:'-t!q(+p.asary cul-ce-sac was a possibility. Mr. Herrmann replied that..;.:vas>'fiot a viable alternative. Councilmember McCrea ask a::4-1"it was a major problem when the snow was removed. Mr. Colbert stated it was a potential problem. McCrea remarked that homeowners pay taxes for snow removal. .................. Councilmember Egan $;$Sltf:::3f:::::tiie;:dciveway would be to the west. Mr. Herrmann replied yes and tfiati 'f'e would provide the necessary written documentation. There wa:s::furtlier discussion regarding the specifics of the lot and the culide-sa. Egan moved, McCrea seconded# the::uibtion 1) that future developments will not be allowed to assume the snow and ice control maintenance requirements for private access; 2) to approve a written agreement (provided that the driveway is located on the west side of the lot) with the developer of Fairway.,;Bills 2nd Addition regarding the driveway location of Lot 5, Block::.3:,r Fairway Hills 2nd Addition; and 3) to approve the plowing for the:::private access to Lot 5, Block 3, Fairway Hills 2ndAdaitj�n;:A):;:vc+eo in favor. Page 4/EAGAN CITY COUNCIL MEETING MINUTES May 15, 1989 .......... . .. . 1. Seasonal Workers. It was recommended hiring of the thirteen (13) ................. seasonal workers as presiated ..... ..... ..... ..... ..... ..... ..... ..... 2. Police Sergeants. ... .... It was recommended tq---a. appointments of Kenneth Conyers and Randy Larson:..,"jjz:::: r -t'in the Police Department. 3. A list of the new personnel as approved at the May 2, 1989, Council meeting was presented to the Council as follows: Planner I - Marlene Zaleznick; Administrative Intern - Jeffrey Weldon; and Street/Equipment Maintenance Worker - William Gallagher. No action was required on this =Iun, -7xam�f � It was recommended to presented. C. our plumbing licenses as It was recommended to proclaim National Flag Day, June 14, 1989, and ask that Eagan residents pause for the pledge at 6:00 p.m. Central Stannard Time. D. It was recommended to appro ' v.e the:'rental of a parcel recently acquired from BUD for farming pi).'it''posesi:At the rate of $20.00 per acre. I .1 7111ITIMI: I III !will 1111 11,1111 2FU-FT#WDCWAW-1 M-6 It was recommended to approve the cigarette license for Crown Co Co, Inc., for Eagan E -Z Stop locateIl:::�l 4195 Nicola Road. F. Gambling Agglication -..Waives....'Bingo. Fourth of July It was recommended to approve the:.::.V.alley Viewers 4-B Club application for a bingo license to bI at the July 4th r; celebration on June 301 July It 2, 3, and 4, 1989. Page 5/EAGAN CITY COUNCIL MEET , ING KINUTES ... mx:... May 15, 1989 G. It was recommended to authorize a letter to Bill Smith, owner and operator of Carriage Hills Golf Course, informing him of the Council's action. 1.2 It was recommended to receive th4q.. bids ana to award the sale of Unit No. 104 to Byron Olson j-&-::t-he a .... twant of $1,976.00; Unit No. 503 to Dale Schoeppner in ano Unit No. 505 to Byron Olson in the amount ::::i"o*:'C'"'$2r'9-45'.:".'00. It was recommended:ip..q.approve the specifications for 219 (Sewer Vac -All) and ia . iitb;Q:r.ixe the advertisement for a to be held at 10:30 a.m. 9. J. It was recommended Woods 4th Addition and all related documents. K. Vehicle No. bid opening 0 e the final plat for the Whispering the Mayor and City Clerk to execute ............................. ...... * ........... tition for Project No. 570 It was recommended td:::r' ............. (Cliff Ridge - Storm Sew . i . n . a. - a .. u .. t . n .. o . r . 1 the preparation of a feasibility report. L. Contract 89-14, AR r,:)ve::'%' PlansA'Uthorize Ad for Bids (Water Treatment Plant - Dehumidification). It was recommended to approve the plans for Contract 89-14 (water Treatment Plant - Dehumidification) and authorize the advertisement for a bid opening to be:: @16 at 10:30 a.m., June ly 1989. M. Vacate Public Receive Petition/Order Councilmember Egan and Dave FelkeK`.:.had concerns r'egarding the drainage situation. Public Works Diredeb'r Tom Colbert explained the drainage area. Page 6/EAGAN CITY COUNCIL MEETING MINUTES May 15, 1989 It was recommended tv:.receive th...::.petition to vacate utility easements (whispering Wood#:.4:th Addik.,#on) and schedule a public hearing to be held on June'�E3:9:":::>' McCrea moved, Gustafson seconded, the motion to approve the foregoing consent agenda items as presented, and authorize their implementation. All voted in favor. ............................. FINAL ASSESSMENT A:JAR2* PARR STREET LIGHTS/ ::pRW BC'I N0..... Public Works Director Tom CRlbert;ntroduced the matter to the Council. McCrea moved, Egan seconded, ii:e`'motion to close the public hearing and approve the final assessment roll for Project No. 544 (Mallard Park 3rd Addition - Street Lights) and authorize its certifica.tion to the County. All voted in favor. FINAL ASSESSMENT HEARING/STONEY POINTE AND BLACKBAW$?AIAG•E/PROJECT NO. 523 Public Works Director Tom:.:.Colber-t`pLesented the matter to the Council. He stated that the pr•'ri ect:.at:S.G::involved Blackhawk Ponds. Paul Thomas (Meritor):.o:lJ.4�ldted to the rates and the amounts. Mr. Colbert informed him a writ -ten objection should be submitted. He further stated that the developer may have waived the right. The developer commented he had submitted a written objection to Gene VanOverbeke (City Clerk) on May 4, 1989. He reiterated that he felt the rates were too high. .................. ............................. Tom Colbert stated th0':':dould be continued to the June 6, 1989, City Council meeting.:: Mayo..r:: Ellison asked for legal ' 4 counsel recommendation. City Attoey J#ig Sheldon stated that the assessments were probably equal t4:the lighefit, that the developer owed the money and that the City 6 ould:ebllect it. The developer pointed out that the feasibility report showed 1988 rates would be used for the assessment. Mr. Colbert stated that the easement was acquired on behalf of the developer. The developer commented that the rates had changed subp:tantially and requested to be heard. He stated he had relied upon i6* feasibility report and requested that the matter be forwarded ti''the Special Assessment Committee. Councilmember McCrea stated she fel.t.xthe taxpayers should not foot the bill for the developer's benefi.t.: City Administrator Tom Hedges explained the procedure on special"assessments. Councilmember Egan remarked that the issues were not related to the assessment Page 7/EAGAN CITY COUNCIL MEETING MINUTES McCrea moved, Egan secorfdecl:F:ffe'motion to close the public hearing and approve the final assessment roll for Project No. 523 (Stoney Pointe/Blackhawk Ridge/Blackhawk Pond - Watermain) and authorize its certification to the County, with direction to the staff to obtain appraisals..All..voted.in.favor. FINAL ASSESSMENT HEARIIYGjj.DOW `Rt?A.D. OVERLAY/PROJECT NO. 515 City Administrator Tom Hedge.s. introduced the matter to the Council. McCrea moved, Egan secaffft d, tfie"motion to close the public hearing and approve the final assessment roll for Project 515 (Dodd - Road - Overlay) and authorize its certification to the County. All voted in favor. FINAL ASSESSMENT NE4A.RING/RINDERCARE/PROJECT NO. 530 '' City Administrator TomHrIges>::sspddted the Council on the matter. McCrea moved, Gustafson seconde.d.f.:::::tbe motion to close the public hearing and approve the final 3:Sseawnftroll for Project No. 530 (Rindercare Addition - Wate,rmar�:)::aad authorize its certification to the County. All voted in favaY RESOLUTION/O'NEIL LAWSUIT SETTLEMENT City Administrator Tom Hedges presented the history on the matter and updated the Council..,,;He:.:.pr.eaented a resolution regarding settlement which wasprepatl:hy;C1:Ey:i4ttiorney Jim Sheldon. Mr. Sheldon informed the Council that.;the documents were self-explanatory and recommended the Council accept::the sE:ttlement. Wachter moved, Egan secondedi::Ehe m#.ion to approve authorization of a resolution to settle 6�ree lawsuits that involve Federal Land Company and its affiliates, the O'Neils, and the City. All voted in favor. City Administrator Tom Hedges commenned the legal staff and Tom Colbert for their work regarding the mattOis. TRAILWAY MODIFICATION/LES.iNG.AO.N:::.P0.1ARKWAY AND DANIEL DRIVE City Administrator Tom Hedges summa.i.ized the background on the matter. Page 8/EAGAN CITY COUNCIL MEETING MINUTES May 15, 1989 A representative f "'4: the neign#�ihood informed the Council that there was a 60/90 split '��bn.g: the:;:;A6cted homeowners for moving the trailway to the east side':,O'.. t e:::: tYeet. Mayor Ellison requested Steve Sullivan to describe the project. Mr. Sullivan outlined the history and explained the rationale for the trail location. Councilmember Gustafson questioned if the trail were moved, where it would cro:S;::I4di>i•e;;:pr:ive. Mr. Sullivan pointea out the location. Councilme>e r::Micre:aaz:q:i%"tioned if it was a sidewalk or a trailway. Mr. Sullivan respai.4ed t[ kt the developer had the option in the agreement and he opted'Ibir the''bidewalk. McCrea statea she felt it was a critical distins�-�on a0i":'.they have different uses. Councilmember EganiatCed a:izithere were equal driveway amounts on both sides of the street. Councilmember Wachter stated he felt the access to Schwanz Lake should be a trailway. David Ashton, 9278 Daniel Drive, remarked it did not matter if it was a sidewalk or a trailway. He statea it was very close to a school and there were ori3y;:.1;3 driveways across the street. He pointed out that if it were an estj#:':;:oo.t trail it would not intersect a single driveway but recomme .ded:;:pititi:t;.ng it across the street. He handed out a diagram to the:"Councilifiembers. He had safety concerns and he outlined his proposal::: Councilmember Egane:zC4ssed his wish that there was representation from thettheer side of the street at the meeting. Councilmember McCrea explained that the other sioe of the street was not notified by the City. She favored moving the bike trail to the other side of the street but emphasized that residents from the other side of the street should be notified. City Administrator Tom Hedges indicated letters could De:>set;>:t:oi:t#3GSe residents and an informational meeting co61;6rie3:tfeCrea recommended an eight foot trail and Councilmember Egan agreed. There was further discussion regarding the trail location. Public Works Director Tom :Colberf.:::dad questions regarding a sidewalk on Lexington Pointe Parkway."kayor Ellison stated he did not want the trail to Lexington Pointe Parkway eliminated. He suggesteo reviewing the matter regarding the number of oriveways present ano stated that the south side of the road may be the least impacted. Councilmember Egan agreed. Councilmember McCrea stressed she wanted the trail eliminated to Lexington Pointe Parkway because of safety reasons. Councilmember Wachter preferr:eis a bike trail. McCrea stated it could be a maintenance:..... si :::�Ja�?. r Ellison directed the trail to be on the south side of:':this r�6; !te` commended the neighborhood involvement. McCrea moved, Wachter seconned, tkie motion to approve the trailway modification for an eight foot trail on the east side of the street for Lexington Pointe Parkway and Daniel Drive, and scheduling Page 9/EAGAN CITY COUNCIL MEETING MINUTES May 151 1989 a neighborhood meeting ri''Arding th*::batter, with the matter returning for Councilappoik;:;as:a:consent agenda item on the June 20, 1989, City Council meefrty::3Y11 voted in favor. STREET NAME CHANGE/JAMES STREET TO FOUR SEASONS DRIVE City Administrator Tom Hedges described the request for the Council. Egan moved, Wachter secon';6, t4;motion to approve the street name change of James Street to....' our $.e.asons Drive. All voted in favor. EAGAN CEN%9;9:4.D ADI?ITION/PLAT EXTENSION Wachter moven, McCrea seconded, the motion to approve an additional one year extension through April 30, 1990, to the preliminary plat approval for Eagan Center 2nd Addition, with the understanding that this will be the last extension approvea by the Council. All voted in faVoit'-..:.. ............... ................. ................. ................. COMPREHENSIVE GUIDE PLAN .AMENDM£NT/REZONING/PRELIMINARY PLAT /CONDITIONAL USE PX'RMIT/PH,I.IiLIPS 66 FIRST ADDITION Community Development.. i1:t�fit..ot' Dale Runkle introduced the matter to the Council and descri{}"6 'th :e layout, building and adjoining triangular parcel. He infdrmed the Council that after numerous motions, reconsiderations, and new motions, the Comprehensive Guide Plan amendment and all other actions were approvea by the Advisory Planning Commission. .................. Arlen Allisey (Phil 3ps):nfthe Council there would be extensive landscaping on tha st:e-'He presented a booklet to the Council describing the corporate:.._ requested approval for all of the requests. Mayor Ellison had concerns and gd6:6tions regarding the exterior materials. The developer stated that the stone -face finish would wear better than brick. Councilmember McCrea pointed out that another car wash was located nearby. The developer stated tiia"t a car wash was incidental to fuel sales. He further stated it wdu3:d be a full -stone exterior and not tile. Councilmember Wachtet-domYiien ea'fiiat stone was more expensive than brick. He felt it did not need take compatible with the surrounding buildings and stated that:S:tone would have a better appearance. Page 10/EAGAN CITY COUNCIL MEETING MINUTES May 15, 1989 Mayor Ellison askedk�j_:J--f the trt;si.ii-jular parcel was buildable. Community Development DiigiAvx ... J D.4- A . unkle outlined the setbacks. Mayor Ellison questioned be a problem. Mr. Runkle responded it should not be a 'problem. Councilmember Egan asked if the parcel was tied into Ponoview. Mr. Runkle respondea no. Egan agreed with Councilmember Wachter's comments and stated his preference for a developer's decision.that the layout was ..... ..... acceptable. ..... ..... Councilmember Wachter qu'*::.'ion4 ;the distance from the medical center and the amount of'.'. . 'I C. Community Development Director Dale Runkle pointed out to the Council that the landscape as presented exceeded requirements. - Councilmember Gustafson had questions concerning proposed condition number -3 regarding no outside displays or sales shall be permitted. Mr. Runkle explained the ,:.:9.qnoition would not allow displays such as Super America has for po:p.'j..::�.:#a.1,.t., oil, etc. Councilmember Wachter r* f6ei&";d: concerns regarding the triangular piece. Gustafson moved, the motion to approve a Comprehensive Guide Plan:::a%a"-'. e'r"I"dment changing the lano use oesignation from Limited Business to:'. General Business as requested by Phillips 66 Company. All voted in favor. Gustafson moved, McCrea secondeop the motion to approve a rezoning of 1.16 AgriculturA1..ajp.re.rp..to..a Planned Development, General Business district as .. ...... -�ips 66 Company. All voted in favor. ....... . .. ...... Gustafson moved, Wachter w6d-onded.-::.the motion to approve a preliminary plat consisting Of wise lof::Aocated in the northwest corner of Pilot Knob Road and Duckwood:::-Drive in the northeast quarter of Section 16 as requested by Phillips 66 Company, subject to the following conditions: 1. These standard conditions of pl.at approval as adopted by Council action on September 15 19 87 shall be complied with: Al, Bl, B2, B3, Cl, C2, C4, Dl, El, Fl: and G.�:::-: be abandoned to WPC -40 and 2. The well and sept1.,C.Zy.*?M City standards. 3. No outside displays or sales shall be permitted. Page ll/EAGAN CITY COUNCIL MEETING MINUTES May 15, 1989 4. All signage shai:l;.be subject -;to the City's one-time sign fee of $2.50 per square foot.:arali,•.no faiic-type signage shall be allowed on a permanent basis. 5. The pylon sign shall not exceed 27 feet in height, with a maximum signage area of 125 square feet per side. Berming shall be provided along Pilot Knob Road and Duckwooa Drive and all landscaped areas shall be irrigated,;::;:;:.;;.;;:::::. ;;;•;:•::; 6. Flagpoles shall not a coed 2�:.eet in height. 7. All rooftop mechanica3;::equipl.ent shall not be visible from the public streets. B. A 40 -foot path of W'., required for Duckwood Drive. The opening width and curb radius dimension shall be determined with the technical plat submission and approved by City staff. 9. The driveway location may be shifted east or west and resolved prior to final :pxd:t::approval. 10. The exterior of the material compatible with th All voted in favor. 1 be constructed of brick i cal clinic. Gustafson moved, McCrea seconded, the motion to approve a conditional use permit for a motor fuel station with a car wash located in the northwest corner of Pilot Knob Road and Duckwood Drive in the northeast quarter of Section 16 as requestea by Phillips 66 Company. All voted in favor. .................. ............................. ............................. ............................. Gustafson moved, McG:Eeg::a&.C.VA .0 :-: the motion to approve a pylon sign located in the northwest eptner of•:Pilot Knob Road and Duckwooa Drive in the northeast quarter: Sect#:on 16 as requesteo by Phillips 66 Company, subject to the foll:deing co'nditions: 1. All signage shall be subject Co"' the City's one-time sign fee of $2.50 per square foot and no fabric -type signage shall be allowed on a permanent basis. 2. The pylon sign shall not exceed::27 feet in height, with a maximum signage area of 125 square fe4ii:-:,per side. Berming shall be provided along Pilot Knob Road and Duckwood Drive and all landscaped areas shall be irrigated.:;:::::::;::::::::: All voted in favor. Community Development Director Dale Runkle briefed the Council on the matter. The developer and builder were present at the meeting. Rod Just (Graham Development)„e.xp�ained that the need for the variance was to allow eq:uf;vslefi;iiiinie;:size. Councilmember McCrea askd:d for *n-' explanation of the hardship. Mr. Just stated that a 70 foot;::Xight-oi-way had been donated to the City and the County. McCrea c' ftente#:::;bhe did not feel there was a hardship. Co uncilmember :iiisdfs0?::tii.sagreee stating that the County took the property after 8tie` platting. Councilmember Egan inaicatea he felt there was a hardship due to the change in the circumstances, topography and uniformity of home size. Councilmember Wachter stated he also felt there was a hardship but felt there could have been a different house plan. He felt there were things that could have been revised. Gustafson moved, Egai1 sis:ititgerii...,the motion to approve a 10 foot variance from the 50 foot setback:::Z16ag Pilot Knob Road as requestea by Graham Development Company: for,kot:}-J, Block 2, Hidden Valley Adcition. Gustafson, Ell McCrea McCrea voted in favor; Wachter voted against. REMICK ADDITION/REdbNSIDERATION/PRELIMINARY PLAT APPROVAL City Administrator Tom Hedges updated the Council regarding the request and asked for direction from the Council. Mayor Ellison stated the matter couldhe..;aiscussesi:;at. the special workshop. ............................. ............................. ............................. ............................. ............................. Joe Christianson, attorney:.:Ioi Remick, informed the Council his client had been waiting for an e?itend4.4.period of time and would like to build his house. He further 0t:ated:::that the cost of the public utilities were prohibitive and that tFE0"::area was isolated. He pointed out that it was a unique situation because it was just one lot and that the request met City Code requirements. Mayor Ellison asked if the utilities would be installed along the entire length of Skyline Road. Publ.kc Works Director Tom Colbert replied that it was the current plan.:.0-2ty Administrator Tom Hedges reported that the plan may be modified Ior assessment reasons. Attorney Christianson''aricE<zQ':Ceinci'1 if Mr. Remick could begin construction. Councilmember Wachter felt it would be a waste of money to install a private well and septic system if City utilities were going to be installed. Councilmem:ber Egan askee if it woulo be a unique situation. Public Works Director Tom Colbert repliec yes as the utilities may not be available. Page 13/EAGAN CITY COUNCIL MEE.T.1NG::14;INUTES May 15, 1989 Gustafson moved, E4.#::secondec::the motion to delete condition one regarding public util:f:ia:S:;:;v:::e preliminary plat approval for the Remick Addition. All votieiti::irt:'favor. VISITORS/MALLARD DRIVE/STOP SIGN Kirk Reilly, resident,.:ana,.counS:el from Mallard Drive, informed the Council that the aree:l6ie.aDYsa:a:: serious traffic problem. He stated the stop sign which waa::pI-' ' ' ::by a resident slowed the traffic on Mallard Drive and 66gested::that perhaps another method was now appropriate to slow th?g;:,trafE:i:c. He remarked that even when the Cliff Road construction_was':compted, it would remain a problem. Be felt the speed limit t0 s::: 6b'ASgb Mayor Ellison asked for an petition. Public Works Director counts were made and that a June was planned. He stated that coun Councilmember McCrea:`: was opened. Councilmember l would hold the speed down. was in order and requested stated the merchant signs update regarding the March 20, 1989, Tom Colbert stated that traffic 6, 1989, presentation to the Council ters would also be placed now. ed a temporary sign until Cliff Road ::::S:t:;.essed that the Police Department S-1.11san felt a temporary stop sign mAval:: of advertising signs. He iipt"point through Mallard. McCrea moved, GustafSbn'seconded, the motion to approve a temporary stop sign at the intersection of Mallard Drive and Mallard Circle until Cliff Road reopens. All voted in favor. VISITORS/ENVIRONMENTAL CONCERNS/CLIFF ROAD AND PILOT KNOB Greg Jawar, 1335 St. Andrews. Eoul.evard, asked the Council who was responsible for the disturbed state:of the environment because of the construction on Cliff Road Arid Pi]#t Knob Road. Public Works Director Tom Colbert pointed out -,::=it wa:a::a County project and that the City could take action regarding the m'stter but that the property owners would have to pay. He further stated it was necessary to obtain County approval to allow the planting of trees within the right-of-way. Claudia McClanahan, 1385 St. Andr'sis, explained to the Council that the County had sent them to the City. She had concerns regarding the noise, pollution and a:e& :�€#:cls;.:::::::::. Mr. Colbert remarked that nothing;.:.could be done between the County and the City and that the landd{iers must provide the funds for any actions to be taken. He pointetl:':out that the actions must be taken on a local level. He further stated that the City could give guidance. Councilmember Wachter suggested talking to the developer. There was discussion regarding the lot slopes. Mayor Ellison Page 19/EAGAN CITY COUNCIL.. MEETING:::-NjNUTES May 15, 1989 suggested talking to th ��iiW...µnty as.-44il. Councilmember McCrea informed the residents tkie::ttF1RiT:Y could provide a statement to the County indicating the City "kiAti:1'ef'erred the residents to the County. COUNCIL DISCUSSION City Administrator ,T.om.: Hep:ges„reminded the Council of the up -coming meeting regargs:7i' ii& i �1t' 'i::�PT-OUT. He also stated that there would be intervievis`'coiiclv:.C£ed r-e:garding the insurance bias and asked if any Councilmember was:interiited in being involved. Mr. Hedges stated that „t e:.Chaai:""i of Commerce had contacted him and asked if the City woiilt]::ie1:CG�tets for the June 27, 1989, Twins' game. City Administrator Tom Hedges had questions regarding block parties and asked if they were permissible. Public Works Director Tom Colbert stated they were permitted but that the City did not condone them. Councilmember McCrea.;a.sked if it was a problem. Mr. Hedges responded no. McCrea sug§i''tad:•.letting the Police Department handle the matter. Councilmember W'a';6St{i*;;stated a new policy should not be implemented at this time. Community Development D.cttir ISaie Runkle informed the Council a user was looking at thg;:3q;aidson building for retail use. Councilmember Egan commeA+ed it would be an adverse precedent. Councilmember McCrea suggested reviewing additional information. Mayor Ellison felt the matter should be reviewed. Public Works Director Tom Colbert reported that a postcard was being mailed to the the water restrictions. He also stated that staffatteiiing a pre -assessment hearing on Blackhawk on May 31, 1989, at 5::.00 Councilmember Wachter mentitdned that the horseshoe pit was flooded on Fairway Parkway. Mr.:%��olbeX& explained the drainage. Councilmember Wachter had questions regarding page five of the checklist. He requested that dirt be removed from the low areas in the City and asked if there would be a Super America in the Blackhawk Plaza. Mr. Runkle stated it was unknoy.n.:at this time. Councilmember Gustafson commentea:':'tie felt the speed limits should be examined on resfritssZl::SE:gists. Mr. Hedges explained the process. Mr. Colbert repot.--te�f tia4t::t :e:: inimum speed in the state was 30 mph, with schools being an exception. Mayor Ellison reported that there!:was a good turnout at the fishing opener. He requested staff try and dredge some weeds from the lake. Page 15/EAGAN CITY COUNCIL MEETING..MINUTES May 15, 1989 Mayor Ellison stator:that reg?&ding the Board of Equalization the City should devise ahe£s4tve;'•:'strategy for next year. Councilmember Gustafson agmad-::Ana'stated that a potential solution would be the handout of the agenda. Councilmember Wachter commented that the County could provide more staff. Councilmember McCrea in..regards ,.to Pockets Billiard observed that the City should hav:::::1::CI!:$3#c�: enforce it uniformly. it -O kCKLISYS Wachter moved, Egan secon.. , ttie motion to approve the checklist dated April 4 amount of $699,951.96 ano the checklist dated May 15, X989; in tFie amount of $736,089.87. All voteo in favor. ADJOURNMENT Upon motion duly made..by Wachter, seconded by Egan, the meeting was adjourned at 10:10p: :;::: 11 voted in favor. OF EAGAN E. J. VanOverbeke City Clerk AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN. MINNESOTA MUNICIPAL CENTER BUILDING MAY 15, 1989 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA 6 APPROVAL OF MINUTES (BLUE) III. 6:40 - PRESENTATION BY EAGAN CHAMBER OF COMMERCE (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. PARKS DEPARTMENT e 2 1. Declare 8.3 Acre Parcel as Surplus Property and Transfer to DNR B. PUBLIC WORKS DEPARTMENT PB 1. Consider Petition to Eliminate MTC Park and Ride Site (Cedarvale Mall) IS 2. Fairway Hills 2nd Addition Street Maintenance Agreement (Bridlewilde Dev.) IV. 6:55 - CONSENT AGENDA (PINK) e1 A. PERSONNEL ITEMS ,9eeB. PLUMBERS LICENSES 1� 7A C. PROCLAMATION, National Flag Day, June 14 3ID. RENTAL, One Year Rental of City Parcel for Crop Planting E. CIGARETTE LICENSE, Crown CoCo, Inc. for Eagan E -Z Stop �j F. GAMBLING APPLICATION -WAIVER, Bingo, 4th of July Celebration Valley Viewers 4H P Club p �s G. CARRIAGE HILLS GOLF COURSE, Improvements to Minimize Impact of Golf Balls on y Adjoining Neighbors PqO H. SURPLUS CITY VEHICLES, Receive Bids/Award Sale (Units 104, 503 & 505) %15'I. VEHICLE # 219, Approve Specifications/Authorize Ad for Bids (Sewer Vac All) V,.i3J. APPROVE FINAL PLAT, Whispering Woods 4th Addition y< K. PROJECT 570, Receive Petition/Authorize Feasibility Report (Cliff Ridge - Storm PSewer) 5 L. CONTRACT 89-14, Approve Plans/Authorize Ad for Bids (Water Treatment Plant P Dehumidification) P,�1fM. VACATION, Vacate Public Utility Easement, Receive Petition/Order Public Hearing (Whispering Woods 4th Addition) pp V. 7:00 - PUBLIC HEARINGS (SALMON) A. PROJECT 544, Final Assessment Hearing (Mallard Park - Streetlights) B. PROJECT 523, Final Assessment Hearing (Stoney Point 6 Blackhawk Ridge - 1 ^ Watermain) C. PROJECT 515, Final Assessment Hearing (Dodd Road - Overlay) P� S� D. PROJECT 530, Final Assessment Hearing (Kinder Care - Watermain) VI. OLD BUSINESS (ORCHID) Q, S` A. RESOLUTION, Settling O'Neil Condemnation and Eagan vs Eagan Heights Lawsuits B. CONSIDERATION OF MODIFICATION, Trailway Along Lexington Pointe Pkwy b Daniel P' Drive VII. NEW BUSINESS (GRAY) P- '13 A. REQUEST, Street Name Change/James Street to Four Seasons Drive 1q B. EXTENSION of Preliminary Plat Approval for Eagan Center 2nd Addition 4z C. COMPREHENSIVE GUIDE PLAN AMENDMENT, Phillips 66 1st Addition/Phillips 66 P' Company, Changing Land Use Designation for LB (Limited Business) to GB (General Business), REZONING of 1.16 AG (Agricultural) Acres to a PD, GB (Planned Development, 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 NW Corner of Pilot Knob Road and Duckwood Drive in the NE 1/4 of Section 16 P, (((o D. VARIANCE, Graham Development Co. for Lot 1, Block 2, Hidden Valley Addition for a 10' Variance from the 50' Side Setback Along Pilot ,knob Road VIII. ADDITIONAL ITEMS (GOLD) ?12,0 A. RECONSIDERATION PRELIMINARY PLAT APPROVAL, Remick Addition IX. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) �' I 14:.x.1 k ..o.�� hcT 6:00 'z.cFer_�.ewt C MEMO TO: HONORABLE MAYOR i CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 12, 1989 SUWBCT: AGENDA INFORMATION FOR THE MAY 15, 1989, CITY COUNCIL MEETING After approval is given to the May 15, 1989, agenda, and regular meeting minutes for the May 2, 1989, meeting, the following items are in order for consideration: Paul Helland, President of the Eagan Chamber of Commerce; Jerry Patterson, President of the Northern Dakota County Chambers of Commerce; and Dan Aberg, Executive Director of the Northern Dakota County Chambers will attend the City Council meeting to make a presentation. Mr. Helland will present a plaque in appreciation of the City's willingness to share information and programs and for the spirit of cooperation that exists between the public and private sectors within the City. Agenda Information Memo May 15, 1989 City Council Meeting 10 �tia Im A. PARRS DEPARTMENT: Item 1. Declare 8.3 Acre Parcel as Surplus Property and Transfer to DNR --The City received a letter from the Minnesota Department of Natural Resources, Fort Snelling State Park Office, requesting a transfer of an 8.34 acre parcel to Fort Snelling State Park from the City of Eagan. The parcel is entirely within the State Park boundaries but owned by the City. For additional information on this item, refer to the letter sent by the DNR and a memo from the D'rector of Parks and Recreation enclosed on pages .3 through . For a specific location of the 8.3 acres that is in question, refer to the attached map, a copy is enclosed on page —�7—. ACTION TO HE CONSIDERED ON THIS ITEM: To approve or deny action to the City Administrator and Director of Parks and Recreation to negotiate an exchange of the 8.3 acre parcel for park improvements within Fort Snelling State Park that would benefit Eagan residents. a STATE OF % HMO (Ouz DEPARTMENT OF NATURAL RESOURCES PHONE NO. (612) 727-1961 FORT SNELLING STATE PARK FILE N6. HWY. 5 AND POST RD. ST. PAUL, MINN. 55111 March 20, 1989 Mr. Jim Sturm City Planner City of Eagan 3830 Pilot Knob Road Enpan, 14N 55121 Dear Mr. Sturm, Res Parcel No. 10-00800-011-06 8.34 Acres As we discussed in our telephone conversation last week, the above referencedarcel is owned by the City of Eagan. Location is part of the 14 of N o£ NE4 of NE4, Sec. 8. T.27N, R23W., and is within the statutatory boundary of Fort Snelling State Park. Fort Snelling State Park has recently acquired all of the adjacent property, and would be very interested in this parcel as well, as it would allow us to manage the area as one unit. There has been a long history of problems in this area. As you may be aware, the Quarry Lakes are popular for fishing and picnicing, however, there are various other activities as well, drinking parties, drug deals, vandalism, and litter, etc., that we have been unable to deal with because we do not own the land. Therefore,, I suggest that the City of Eagan consider transfering the parcel to Fort Snelling State Perk. This would clear up the ownership problem, allowing our staff to do a much better job of cleaning up, developing, and policing the area. Please contact me if I may be of any assistance in this matter. I would be more than happy to meet with the Eagan City Council if necessary, to further explain our proposal. Yours Very Truly, ('t) 14nllace L. Bartel, 'Mgr. Fort Snelling State Park Hwy 5 and Post Road St. Paul, 14N 55111 AN EQUAL OPPORTUNITY EMPLOYER /L zsrs7_� ; -To w r o} E ay n n J i x 7a �T FSsP w 'Or Va /Vrrmn H 9, L.aVonnv I.k ISDn t10Ac d5a lbs oo IJo LO7 i s' Od 1;14;[l6._ 1;111;1 TO: TOM HEDGES, CITY ADMINISTRATOR 1\ HONORABLE MAYOR AND CITY COUNCIL J�J FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: MAY 1, 1989 ISSUES Fort Snelling State Park Manager, Wallace Bartel, has expressed an interest on behalf of the State in acquiring a parcel of land currently owned by the City of Eagan. The 8.3 acre parcel of land is entirely within the State Park boundaries. BACKGROUND In, a recent letter to the City, Mr. ,Bartel explains that the Department of Natural Resources has acquired other parcels adjacent to the 8.3 acre parcel owned by the City. This parcel is now entirely within Fort Snelling State Park boundaries. The eight (8) acre parcel is located in the northeast one quarter of Section q8 and is within the flood plain and is accessible only with some difficulty. It is believed the City acquired the property as tax forfeited land. The State is interested in acquiring this land parcel from the City so there will not be any in -holdings i,n the park. This would make administration, planning and policing of the park Tess complicated for the D.N.R. DISCUSSION AND ALTERNATIVES It does not appear that the parcel can serve any useful City purpose at this time, due to the fact that it is difficult to access, is primarily wooded and is within the flood plain. This is a general consensus. It appears there are several alternatives that can be considered for handling of the property: 1. Seek to sell the property to the State, (DNR) for State Park purposes.. 2. Give the parcel to the State. 3. Negotiate an exchange of the parcel for park improvements within Fort Snelling State Park which will benefit Eagan residents. 4. Continue to own the parcel with the intent that unless a useful purpose can be determined, the parcel can still be given or sold to the State at a later date. DISCUSSION Selling the parcel would alleviate the City of any potential responsibility and expense for clean-up, maintenance and policing of the land. Due to the fact that the parcel is difficult to access and is surrounded by State Park, perhaps the best use is for State Parks purposes. The City could take the position that disposal to the State Park is a cooperative arrangement between two governmental agencies for the betterment of the community as a whole. A cash sale of the property is likely to be of small monetary gain to the City, due to its location within the flood plain. There would not be a lot of buyers due to its being considered marginal property. An appraisal has not been performed on the land to determine its actual value. Giving the parcel to the State would be quick and simple if the parcel is seen as a "liability". Since the parcel's value is likely to be small, it may be easier to simply give the land to the State, rather than incur the additional cost associated with the selling of the parcel, i.e., appraisal costs, etc. The third alternative that might be considered is an "exchange". The City would, in effect, give the property to the State in exchange for improvements to the State Park that would directly benefit Eagan residents. For example, an enlargement of an existing parking lot off of Highway #13, along with/or other site improvements such as a trail that extends to Gun Club Lake and a fishing pier to enhance fishing opportunities could be considered. Other opportunities might include trail development at Yankee Doodle, clean-up, picnic shelter building„ etc. This type of exchange may provide lasting recreational opportunities far in excess of the land's monetary value and may be the key to enhance development of the State Park on the south side of the river. The fourth alternative is to hold the parcel rationale being that the parcel is not costing the funds; and there may be a future need yet unseen. costs that may be incurred such as clean-up or however this is likely to be relatively small. RECOMMENDATION until some future date. The City any direct outlay of City There is a potential for other police response to problems; It is my opinion that the Council should consider the third alternative, exchange of the land for park improvements. The Council could consider a motion which would direct staff to respond to the State's request for the land and indicate the City's wil'lingnes; to deed the property to the State in exchange for 'improvements,; and for staff of the City and State to define those improvements ,and an expected'date for completion, if approved, for public use. If the State (DNR) is in general agreement, the list of improvements would be brought back to the Council for formal approval and for a final decision to give or exchange the land. FOR COUNCIL ACTION Provide di'recti'on to staff on the d ispositton of the 8.3 acre parcel, in response to the DNR. KV/bl s z A 21 50 6 z000 i LEGEND EXISTING PROPOSED RWwaTS PRIWI ROADS CITY PARKE NW T STATE B C"TT PARRS brcooE eouaour 0 20Do •DW' O .wmiR ymlulu N I s 13 NE 3208 ME NW R 4 sw aP sr' / +oR 16 1 h\\ sr"? /! SE 1 D ••:.•' LOST SPUR / COuNrRr NE CLUB ; MIOHVICM . _ IWC alta Vi WATER TREATMENT TACILTT. /p P rc AVE OUARRT PARR Agenda Information Memo May 15, 1989, City Council Meeting B. Public Works Department Item 1. Consider Petition To Eliminate MTC Park 8 Ride Site (Cedarvale Mall) --Enclosed on pages� through /0 is a petition received from the managers of the Cedarvale Shopping Center and their merchants requesting the elimination of the MTC Park & Ride site. On August 16, 1988, a public hearing was held to consider the vacation of a portion of Cedarvale Boulevard (Old T.H. 13) which incorporates the MTC' Park & Ride site. This vacation public hearing was held in response to a petition from the shopping center management organization as part of an effort to expand the existing parking lot facilities. At that time, the City Council indicated that the MTC Park & Ride site could be relocated. However, any and all costs associated with providing comparable facilities 'would have to be at the expense of the petitioner due to the fact that the City and MTC would not be willing to incur additional costs to accommodate a private parking lot expansion. Enclosed on pages through tl is the most recent correspondence sent to Mr. Brown informing him of the past action taken regarding the parking lot expansion, vacation of public right-of-way, landscaping requirements and relocation of the MTC Park & Ride facility. It is anticipated that Mr. Brown will be at the meeting to present additional information regarding their desires on this Park & Ride facility. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and approve/deny the request to eliminate the MTC Park & Ride site (Cedarvale Shopping Center). May 5, 1989 - Tom Hedges, City Manager City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Cedarvale - Service Road Dear Tom: I found a petition that I initiated some time ago concerning the Park and Ride at Cedar -vale. Mayabe you could use this as supporting informa- tion to get rid of the Park ,and Ride. I am awaiting some kind of response as soon as possible because I may lose,a 15,000 square foot tenant unless something can be resolved on this parking issue. Sincerely yours db:en David Bro C.S.M�.� Commercial Property Manager UPPER MIDWEST MANAGEMENT CORPORATION Upper Midwest Management Corporation 1106 South Broadway F.O. Boz 834 New Ulm, Minnesota 56073 (507) 359-2004 ("] FAX M (507) 354-1638 _ I January 18, 1989 TO: City of Eagan City Council FROM: 'Cedarvale Merchants and Management RE: PETITION FOR REMOVAL OF PARK AND RIDE NOTICE IS HEREBY Given by the undersigned that the merchants and Mall management desire to have the MTC Park and Ride be eliminated from its adjacent location to Cedarvale. It has caused parking problems that we are not able to control. we request that this action be taken regardless of whether the City is able to relocate it within the City or not. STORE T(i zz Tu LA MC l _7 1 �r,y\a \mac �2 3 OW city of czagan 3830 PILOT KNOB ROAD; P.O: BOX 21199 EAGAN. MINNESOTA 55121 VICELLISON PHONE. (612) 454-8100 THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Conti Wem May 8, 1989 THOM46S HEDGES Ce,AE cmvo, EUGENE VAN OVERSEKE CRY Clete MR DAVID BROWN COMMERCIAL PROPERTY MANAGER 'UPPER MIDWEST MANAGEMENT CORPORATION 1106,S BROADWAY PO BOX 834 NEW ULM MN 56073 Re: Cedarvale Boulevard Vacation Cedarvale Shopping Center Parking Lot Expansion Dear.Mr. Brown: Your letter to Mr. Tom Hedges, City Administrator, was received on April 26 and forwarded to my attention for review and•comment. Your letter makes reference to the City's reluctance to relocate or eliminate the Park & Ride site and the City's apparent change of position regarding this issue. Hopefully, this letter can clarify the City's position as a result of your previous requests. In response to a letter addressed to Mr. Hedges on September 28, 1988, the enclosed( memo dated October 21, 1988, was prepared summarizing the issue regarding the Park & Ride site along with other variances to parking lot construction and landscaping standards. In summary, the City is willing to consider the relocation of the Park & Ride site to another acceptable location subject to no costs being incurred by the MTC or the City of Eagan. Therefore,, any relocation cost would have to be the responsibility of the petitioner. THE LONE OAK.TREE.. ,THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY May 8, 1989 Page 3 I appreciate your continued interest in your expansion and remodelling interests for the entire Cedarvale area. Be assured that the City shares this .interest and will be anxious to work with you. Sincerely, homas A. Colbert,'. Director of Public Works TAC/ii cc: Bruce Allen, Engineering Technician Thomas L. Hedges, City Administrator Dale C.Runkle, Director of Community Development Enclosure \� MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: OCTOBER 21, 1988 Bcug. SUBJECT: VACATION OF CEDARVALE eftPVE/PARKING LOT EXPANSION (CEDARVALE SHOPPING CENTER) Recently, you received a letter from Mr. David Brown, commercial property manager for the Upper Midwest Management Corporation (Cedarvale Center) requesting the status of the existing Park & Ride relocation and their request to vacate a portion of the Cedarvale Drive service road. Aviut+ As you may recall, a formal public hearing was held on Sbjcta� N MLth along with a variance request to the City's landscaping requirements, parking lot setbacks and parking lot improvements associated with the expansion of the Cedarvale parking lot facility. The City Council reaffirmed the City standards associated with the expansion of any existing parking lot facility and indicated that they would not be willing to grant any variances to those standards. Also, they gave an indication of support for the relocation of the existing Park 6 Ride facility to another site subject to the condition that there would be no expenditure of City funds for the development of an alternative site. The City staff investigated alternative sites with Mr. Brown and representatives of the MTC. Because of the pending opt -out legislation for MTC service, the MTC indicated they would not be willing to expend any funds for the construction of a relocated Park & Ride site. It is my understanding that Mr. Brown is not willing to designate a portion of his existing or expanded parking lot facility to accomodate the 40+ stall Park & Ride facility. It is his preference to relocate this facility beyond the existing Cedarvale Center site.,: Two other identified locations have been preliminarily deemed acceptable by the MTC subject to construction costs being absorbed by the City. These other locations are on the south side of Cedarview Drive, just north of Cedarvale Boulevard (Old Trunk Highway 13) or the abandoned right of way for Cedar Avenue (T.H. 77) adjacent to the U Haul facility. Each of these alternate sites would require the construction of circulation access roads and/or parking stall pads. l� iummg April 25, 1989 Mr. Tom Hedges City Manager City of Eagan 3830 Pilot Knob Road' Eagan, MN 55122 RLUd Re: Cedarvale 6ccv4ae-Read Dear Tom: This letter follows a recent discussion you had with Bob VanderAarde concerning the vacation of the service road fronting Cedarvale Shop— ping Center. We have had many discussions concerning,this request and it all centers back to the reluctance of the City to relocate or eliminate the Park and Ride. Apparently, this appears to be changing. I am also negotiating with a large tenant who is quite concerned about the parking situation. He may decide not to sign the lease unless I can give him some Assurance that the problem will be looked at. I would like to offer the following proposal: I. City agrees to vacate the service road (I have already filled out the form plus paid $300.00) without con- ditions—meaning that we may, at our option, terminate the Park and Ride agreement with the M.T.C. 2. City approves the variance request as previously sub- mitted and discussed with the following alterations: a) agree to delete the Berm area b) we will put in curb and gutter as requested 3. We will work with City Engineers on proper drainage and tie into sewer system. Upper Midwest Management Corporation 1106.South Broodwoy P.O. Boz 834 New Ulm, Minnesota 5ZD 7 (507) 359-2004 FAX # (507) 354-16 Mr. Hedges -2- April 25, 1989 I am appealing to you to act on our behalf to get this going. Please let me know what you can do. Si( ,�y/��erel�7y yours, db:en David Brown C.S.M. Commercial Property Manager UPPER MIDWESTMANAGEMENT CORPORATION 6 [U::fmmc September 28, 1988 Tom Hedges City Manager City of Eagan 3830 Pilot Knob oad Eagan, MN 55121 R-: Sarvice Road Dear Tom: 10-7- 56+ Q.z, I felt it was important to follow up on the status of Park and Ride and our vacation request for the service road. As you will recall, I made the decision to proceed with the public hearing on the vacation request, but delay final Council action until such time as the Park and Ride relocation was resolved. Could you, or somebody on the City Staff,let me know what is happening and if there is some way we can move the issue along to a resolution? / Sincerel yC%frs, David F3rown Commercial Property Manager Upper Midwest Management Corporation db:en Upper Midwest Management Corporation 1106 South Broadway P.O. Box 8+334 Q44 New Ulm, Minnesota 56 7 (507) 359-2004 1 Page 10/CITY COUNCIL MEETING MINUTES 0;()1 '�/r� August 16, 1988 ll V�1.A9 PARTIAL VACATION OF PUBLIC BIGHT -OF -NAY, CEDARVALB BOULEVARD Mayor Ellison opened the public hearing regarding the partial vacation of public right-of-way, Cedarvale Boulevard. City Administrator Tom Hedges stated the public hearing was originally scheduled for August 2, 1988, but was continued to August 16, 1988, so that the matter could be discussed in conjunction with the variance for parking lot improvements for the Cedarvale Shopping complex item under Old Business. He stated the applicant no longer desired to pursue the variance to City standards for parking setbacks, curb and gutter and landscaping requirements. The excessive right-of-way is a result of the jurisdictional turnback of Old Trunk Highway 13 which was subsequently relocated with the construction of the Cedar Avenue freeway interchange. By vacating the excess right-of-way, the owners of the Cedarvale Shopping Center complex can expand and improve their parking lot facilities. Mr. Hedges stated all notices were published in the legal newspaper and sent to all potentially affected utility companies informing them of the proposed vacation of the excess right-of-way. He stated there are existing private utilities located within the area proposed to be vacated. He stated the resolution vacating the right-of-way, if approved, should reference the vacation of "street" rights while still retaining the necessary underlying utility easements. Mr. Hedges stated Dave Brown stated he would not spend the dollars for a new MTC site. He stated Mr. Brown requested continuance of the vacation indefinitely. Mayor Ellison stated the continuance may last for a long time. Mr. Hedge's stated it could be for one year and that Mr. Brown understood that. Assistant City Engineer Mike Foertsch questioned if a hearing could be held with no decision. City Attorney Jim Sheldon stated the Council could continue the matter for a reasonable period, but not indefinitely. Mr. Sheldon stated reasonable is two months at the most and that the matter would have to be republished in the paper. Councilmember Egan stated he felt a denial was in order. Mr. Hedges stated he would explain to the petitioners what the effect of a denial would be. Councilmember McCrea asked how much it would cost to reapply. Mr. Hedges stated approximately $300.001 but the cost could be waived. Councilmember McCrea stated she felt the merchants were having a tough time and that the City should help them wherever possible. Egan moved, Wachter seconded, the motion to close the public hearing and deny the partial vacation of public right-of-way for Cedarvale Boulevard. All voted in favor. VARIANCES FOR PARKING LOT IMPROVEMENTS (CEDARVALE BOULEVARD) No action was taken on the parking lot improvements for Cedarvale Boulevard as the application was withdrawn. 11 Agenda Information Memo May 15, 1989, City Council Meeting Item 2. Fairway Hills Street Maintenance Agreement (Bridlewilde Joint venture) --Enclosed on pages 20 through Z / is a letter received from Mr. Al Herrmann requesting the City to rescind the special Street Snow Removal Agreement contained as Exhibit "E" to the development agreement for the Fairway Hills 2nd Addition. This request and Agreement pertains to maintaining that short dead-end section of Interlachen Drive leading into the Parkview Golf Course. Enclosed on page '26 -is a map showing the relationship of the street and the particular residential lot in question. Enclosed on page .21 is a map showing the original development plan submitted for approval with the Fairway Hills 2nd Addition which indicated that this stubbed public right-of-way would not have a public street constructed but would have private driveways within that public right-of-way to be owned and maintained by the affected property owners. Enclosed on page � is a layout showing that portion of.public street that was extended to Parkview Golf Course at the request of the developer in consideration.of executing the special S eet Snow Removal Agreement (Exhibit "'E") contained on pages and 2?_(,. During the preliminary plat and development application process, the City's concerns pertaining to creating 'a dead-end street without an adequate cul-de-sac turn -around were explained to the developer, Mr. Herrmann. The following options were presented for Mr. Herrmann's consideration: 1. Dedicate the public right-of-way but do not construct a public street requiring private driveways to be extended to the public street at the intersection of Fairway Hills Drive and Interlachen Drive. The developer would place an escrow with the City to cover the cost of the street extension if, and when, they were ever continued through a futureidevelopment of the Parkview Golf Course. 2. To physically construct the public street to the Park View Golf Course limits with a cul-de-sac to accommodate the public and maintenance vehicles. A reduced escrow would be required to modify and reconstruct this cul-de- sac if, and when, the street were ever extended through a future Park View Golf Course development. 3. To plat Lot 5, Block 3, as an outlot thereby not allowing its development until such time that Interlachen Drive could be extended or constructed with a cul-de-sac. 4. To construct Interlachen Drive to the golf course limits but require the developer and future property owners to assume the snow and ice control maintenance requirements for their private access only until such time the street extension and/or cul-de-sac is constructed. Agenda Information Memo May 15, 1989, City Council Meeting After reviewing all options, Mr. Herrmann elected to proceed with Option #4. Subsequently, the appropriate agreements were prepared, executed and recorded against the affected properties with the approval of the final plat for the Fairway Hills 2nd Addition. Mr. Herrmann contends that this contractual agreement creates a financial hardship on his ability to sell Lot 5, Block 3. The Public works Department is concerned about creating a maintenance and safety problem if this agreement is allowed to be rescinded. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the revocation of Exhibit "E" to the Fairway Hills 2nd Add-ition. AF ; c a 1989 Bridlewilde Joint Venture April 24, 1989 Tom Colbert City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 �prS l3ca3 Fa,a«Av N,<<s 2to,4 Dear Tom, Over the past several weeks, Craig Knutson, Arnie of the public works department and I have discussed the possibilities for snow removal at the east end of Interlachen Drive. The only solution acceptable to Arnie, I am told, is unacceptable to your department. Tom, I am in a catch 22. We did our project the way the city required. We stubbed in a street because the city felt the need to have it there "in case" the golf course was developed,. I realize at the time we had three options. I also realize that had I decided to put in a full cul-de-sac the city would have plowed snow. However, lot 5 block 3, with a normal set back would not have been much of a lot. It also would have substantially hurt the value:of lot 2 block 2 o the other side. At the time, we were told we had no other choice, take one of the three or basically don't develope. As you know, we didn't buy the ground to "hold on to it." We've tried for, now, 1 year to sell lot 4 and 5 block 3, offering substantijal discounts and 5 free years of snow plowing. When the prospective buyers found out that the city had no intention of plowing until the golf course "got developed", they turned their nose and walked away. Tom, we have a difficult problem here. We agreed to what we agreed to in our developers agreement, there is no dispute there, because at the time we felt we had no other choice, short of "sitting on the land" and waiting for a "change of heart".Very few golf courses, because of profitability, turn into housing develop- ments. We certainly understand the city needs to protect itself in case that should happen. Had we sat up against a piece of ground that had a chance of being developed in the reasonable near future, we would have no problem. We have tried our level best to intise buyers to buy to no avail. I personally cannot understand why the department of public works, because of our special conditions 8723 Highwood Way • Apple Valley, Minnesota 55124 • (612) 688-0696 �� here, cannot back their trucks up 90 or so feet to lots that we pay taxes on, particularily when they admit, that in other special instances, they do do this. I did not want to make a formal situation out of this, how- ever, it appears I am left little choice,. If, in your opinion, there is nothing more that can be done with the department of public works and there is no other viable solution for engineering, then I guess I need to take it to the council. Because we are completing phase II of Fairway Hills this spring we wish to conclude this matter. If all else fails, we would appreciate being- put on the May 1 council meeting to discuss this special condition with the council. Tom, two of the best lots in all of the Fairway Hills sub- division have been made two of the worst. Any assistance you can give us in this matter will be greatly appreciated. cc/Tom Hedges S�e 1� Al Herrmann BRIDLEWILDE JOINT VENTURE _ 1 .4 Ilnl 11M1 _ - .,q SCALE IN FAIRWAY HILLS 2ND ADDITION Parkview Golf Course,. • WNlllte III K. IIWNN•NI IUWI uN.ISS OI IILNEIIY SINNN E •1'IYEI ■ JUL" V mwlI'S Ili dcn NT IN K. Namname I Lt, NNutO W.I. ---_ 1tG.0..1lUN W IW°9 uNltN UIIIEN•IEE YU°N Int $Win LINt W Ink Ntff .'I W TIIt NMI.•k%I W W EEC 14, 1 El, N IJ ..% IN llluNEU ""IN& W i •N•4 m t -1 IIINU1t5 Nltinl W NECE>a MUIC•IED FO IMP I& C"IT OURAIM YID UTYT7 EA"IfMH Yi MOM TWO: i allw, a fktl ,N °IDI. YMININL Wl luta, .WtSS // / \ UIMI%MjH 11NAM&D. lW 101W W tIUTN YMDIlgW ✓J k�p� MMLLI llNtl la fN11tN WI INt Pell I!Al •/• I All t -- - - •�1yi! Jhlr��lj •'ya T•u �� Ol3l lam., �I L1 .•/f.1 �'01. `Il �_ t Z S '.t E A' + IiNN N 4.1ti JIAC'JI14'R ii!<t!r._%l c'- r:p• Aplw r SONNJED, / .�., •E t�.aw:.�a'...r.rr IL TMw✓ /YI Q YI I, 2/ I •" E �{0.1a'v'.••'[.IN{,i 4uW� :�+ ' a �• LL A _s a1T1 OT O Y �` ,fOLE,EAGII,IINC 7 ,' [ASLNLMT t ` CCC w•a /� \e � r ' { / �7 �ry iy/"' A%rY� � , 1'1 �' , l.". � b/�� ,/ • •tom .T. _ 4�.e ,, �..// h ' % •`��\�ul Nn ,w.,+��h�••. 0� \ _ y1r-'=l I�iYI - Y e d OUTLOT A Y i. OUTLOT C �W17KTWf LAS I MO,i t{ (uM o � I •'r C T G 6. A. H. HDAD) +41 iNO.]I ..n u• l� r auw _ . __�_i t M M H' W •1767°.. , t. 1 _— W "'U'ii -' Parkview Golf Course i J 5'FF O M Ui N N H 0 --LWARMV/ • r , w n \` W ' Y BENCHMARK:. TOP NUT OF HYDRANT BETWEEN LO \ V ON FAIRWAY HILLS DRIVE, FAIRWAY HILLS IST ADD �� / ��� \•_ \ / �j / Contact Person In Lee Compl I C- / I � I / / eSTA. 13+35.73\ BEGIN CONST. \I yyPl'0� RAN 499 S, 1\ e'\IP 3: 9 - 9 , I i L 0 1 //\O 9O Q~ i0 \ /-� ��69 15 1x30 p3 s !s o ' 3 2 17. TO SACK rsCMED P.T. I RWAY 3 P.V.I. STA B+DO P,Y.1. ELEV. =1036.15 M = 0.06 21 �4f OP Oh hry �ry f! -f! STA. 15+81.45= .. .. .. STA. 11+91.20 5 yCf V s INDICATES PNASE LINE SCALE: 100' V.C. . .................. RV. 1. STA. 10+00 .ELEV.? 104D.15 ....... ...... ...... _":..: y M=0.02 f) .. _ .-- 'L -c sTA. 10+76.64= STA. 8 + 87.89 13 e •s -6E 14Cp � BENCHMARK:. TOP NUT OF HYDRANT BETWEEN LO \ V ON FAIRWAY HILLS DRIVE, FAIRWAY HILLS IST ADD �� / ��� \•_ \ / �j / Contact Person In Lee Compl I C- / I � I / / eSTA. 13+35.73\ BEGIN CONST. \I yyPl'0� RAN 499 S, 1\ e'\IP 3: 9 - 9 , I i L 0 1 //\O 9O Q~ i0 \ /-� ��69 15 1x30 p3 s !s o ' 3 2 17. TO SACK rsCMED P.T. I RWAY 3 P.V.I. STA B+DO P,Y.1. ELEV. =1036.15 M = 0.06 21 �4f OP Oh hry �ry f! -f! STA. 15+81.45= .. .. .. STA. 11+91.20 5 yCf V s INDICATES PNASE LINE SCALE: 100' V.C. . .................. RV. 1. STA. 10+00 .ELEV.? 104D.15 ....... ...... ...... _":..: y M=0.02 f) .. _ .-- E=11RIT "E" CITY OF EAGAN FAIRWAY HILLS 2ND ADDITION STREET SNOW REMOVAL THIS AGREEMEUT, made and entered into.theZz�(— day of 198x, by and between the CITY OF EAGAN, a Municipality o the State of Minnesota, (hereinafter called the.CITY), and the Owner and the Developer identified herein. The term "Developer" as used herein refers to BRIDLEWILDE, JOINT VENTURE whose address J83 8723 Highwood Way, Apple Valley, Minnesota 55124. The term "Owner" as used herein refers to PROPERTIES, a Minnesota General Partnership whose address.. is 8723 Highwood Way, Apple Valley, Minnesota 55124. WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known as FAIRWAY HILLS 2ND ADDITION, located within the City; and { WHEREAS, the street described as Interlachen Drive will be extended east of Fairway Hills Drive; and WHEREAS., the future extension of Interlachen Drive is. anticipated to be made possible by development and subdivision of the parcel east of Fairway Hills 2nd Addition; and WHEREAS, the owners of Lots 4 and 5, Block 3, agree to maintain their private driveway within public right-of-way. NOW, THEREFORE, the City, owner and Developer agree as follows: 1. Recording. This Agreement shall be recorded with the Dakota County Recorder so as to provide notice to the owners of all of the lots in Fairway Hills 2nd Addition. The Owner shall �K provide and execute any and all documents necessary to implement the recording of this Agreement. 2. Costs of Snow Removal. The cost and removal of snow and ice from that part of Interlachen Drive east of Fairway Hills Drive shall be borne by the Owners of lots 4 and 5, Block. 3, until such time as Interlachen Drive is further extended to the east. 3. Notice. The recording of this document shall constitute notice to all owners and future owners of property in the Fairway Hills 2nd Addition. 4. Validity. If any portion, section, subsection, sentence, I clause, paragraph or phrase of this agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Contract. 5. Binding.Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable agreement shall run with the land herein described and shall be binding upon the heirs, successors, administrators and assigns of the owners and developers referenced in this Contract. IN WITNESS WHEREOF, we have hereunto set our hands. CITY OF EAGAN (Date: . ). By: L7 (-,U/� ItsqCk Attest: Its THIS INSTRUMENT DRAFTED BY: Hauge, Eide & Keller, P.A. Attorneys for the City of Eagan 1260 Yankee Doodle Road, #200 Town Centre Professional Bldg. Eagan, Minnesota 55123 (612) 456-9000 OWNER AND DEVELOPER: BRIDLEWIDE PROPERTIE By: Dalewood.,.Inc. Its: General Partner BY6 liz4r D rrick Date Its: President 2 Agenda Information Memo May 15, 1989 City Council Meeting There are thirteen (13) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Seasonal Workers -- After interviews, it is the recommendation of the respective supervisors that the following persons be hired as seasonal workers: Seasonal Parks Maint. Worker: Seasonal Park Attendant: Seasonal Concession Worker: Seasonal Utility Maint. Worker: Troy Christopherson Brent Eichten Matt Pieck Steven Kennedy Lei-Lani Dick Wendy Foreman Christopher Wareham Debbie Buntjer Andrew Dornseif Jason Krueger Brian Schweitzer Jaimison Sloboden Brian Washak ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of the seasonal workers listed above. Item 2. Police Sergeants -- After testing, an oral board and psychological examinations, it is the recommendation of Chief of Police Geagan that Officers Kenneth Conyers and Randy Larson be appointed sergeants in the Police Department to fill the vacancies created by the recent lieutenant appointments. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointments of Kenneth Conyers and Randy Larson as sergeants. Item 3. Informational -- The following is a summary of the names and positions of new employees whose hiring was approved at the 5-2-89 City Council meeting, but whose names were not listed: Planner I - Marlene Zaleznick; Administrative Intern - Jeffrey Weldon; and Street/Equipment Maintenance Worker - William Gallagher. Since the hiring of the above personnel was approved at the 5-2-89 meeting, this item is informational and no action is required. NO ACTION IS REQUIRED ON THIS ITEM. 07 Agenda Information Memo May '15, 1989 City Council Meeting PLUMBERS LICENSES B. Plumbers Lfcense"sr-There are four (4) firms who have applied for a plumber's license. All applicants have satisfied the City Code regulations and are in order for consideration. The list of plumbers licenses include the following: 1'. Dalby Plumbing 2. June Plumbing and Heating 3.. McQuillan Brothers Plumbing and Heating 4. H.O. Soderlin Inc. ACTION TO BE' CONSIDERED ON THIS ZTEM: To approve the plumbing iicenses;as presented: PROCLAMATTONINATIONAL FLAG DAY C. Proclamation for National Flag Day, June 14 --The City has received information from the National Flag Day Foundation suggesting a resolution to proclaim National Flag Day June 14, 1989..For a copy of the proclamation, refer to page For additional background information for the "Pause for the Pledge of Allegiance" and National Flag Day Foundation, refer to page 3 D ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim National Flag Day, June 14,, 19.89 and ask that Eagan residents pause for the pledge at 6,:0'0 p.m. central standard time. Mrs. Nancy Reagan Honorary Chairman National Pause for the Pledge Program Presldenl Louis V. Kcerber President Buell Paints. Inc Vice Prgldenl Richard M Patterson CLU. Ch FC Massachusetts Mutual Life Insurance Company Tredsum William T Murray III Executive Vice President First National Bank of MD Sema'. Herbert E % uz Esq Attornee at Lain Directors . George V. McGotran Chairman of the Board Baltimore Gas 5 Electric Cu James McManus Ihm McKay) Sports Commentator Journalist ABCTeleelsion Nermork Jack Moseley Chairman of the Boe,d U 5 FGG. Brooks Robinson Baseball Hall of Fame Henry A Rosenberg Ir Chairman of the Board Crown Central Peaeleum General John e' Vtsse_t It USA [Ret I Former Chairman tont Chaels of Staff The Pentagon Dr Milton S Eisenhower (1999-1985) NATIONAL FLAG DAY FOUNDATION, INC. 418 South Broadway * Baltimore. Maryland 21231 * (3011 563 -FLAG SAMPLE PROCLAMATION FLAG DAY ■ N F O F; M A T■ O N PROCLAMATION NATIONAL FLAG DAY June 14, 1989 WHEREAS, by Act of the Congress of the United States dated June 14, 1777, the first official flag of the United States was adopted; and WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year was designated "National Flag Day;" and WHEREAS the Congress has requested the President to issue annually a proclamation designating the week in which June 14 occurs as National Flag Week; and WHEREAS, on December 8, 1982 the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE of Allegiance as part of National Flag Day ceremonies; and WHEREAS, the President of the United States at the National Ceremony held in Baltimore, Maryland on June 14, 1985, led the Pledge of Allegiance; and WHEREAS the year 1989 will be dedicated to the commemoration of the Bicentennial of the United States Congress; and WHEREAS, Flag -Day celebrates our nation's symbol of unity, a democracy in a republic, and stands for our country's devotion to freedom, to the rule of all, and to equal rights for all: NOW, THEREFORE I (Your Name and Title), do hereby proclaim June 14, 1989 as Flag Day in (Your State) and urge all citizens of (Your State) to pause at 7:00 P.M. EDT on this date for the tenth annual PAUSE FOR THE PLEDGE and recite with all Americans the Pledge of Allegiance to our Flag and Nation. Annual Pause For The Pledge of Allegiance * FLAG DAY USA * June 14. 7.00 p.m. Itu,l NATIONAL Y FOUNDATION, Maryland 21231 * (301) Mrs, Nancy Reagan Hmlonary Chainnml National Pause for Ire CONCEPT PAPER Pledar Program * "I pledge allegiance to the Flag of the United States Louis +' Kx:Ber Low of America. and to the Republic for which it stands, President one nation under God, indivisible, with liberty and Budeke-Pain:, Inc justice for all" Vi". P"pdr,11 Richard M PanerRon CLU CrFC +,a�sachuse::a %!,;uai La, The concept of the annual PAUSE FOR THE PLEDGE OF ALLEGIANCE on National Flag Day: Insurance Compam Trceuun William T+wrra m All Americans everywhere will pause for a moment on June 14 at 7:00 P.M. (EDT) to say r,., P._- 'sen: simultaneously the thirty-one words of the Pledge of Allegiance to the Flag. The effect of this simple Firs[', a;MD ceremony each year is a stimulating patriotic experience at home and a sign of unity abroad. This ... Herder, L ++ h esp concept transcends age, race, religion, national origin and geographic differences. .Anomer a I -a' °unto`' George + a1, Jun an The Ninety -Ninth Congress passed, and President Reagan signed on June 20, 1985, Public Chairman of tie Boar.' Law 99-54 recognizing the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of National Flag Balim,,, ca• r- e" u", co Day ceremonies. In 1987, Mrs. Nancy Reagan became Honorary Chairman of the National PAUSE lames :dal„^J= [Jim ,+Icr ... FOR THE PLEDGE OF ALLEGIANCE program. ABC e,i�"- "„ `,- The idea of the annual PAUSE FOR THE PLEDGE OF ALLEGIANCE originated in 1980 at lack lack >.I,•�,e. Chaff-: 9 ,- B. a,� The Star-Spangled Banner Flag House in Baltimore, Maryland. Since then, the concept has swept us Fr.:, across the country in a grassroots movement supported by a broad spectrum of individuals. B°F•o.n I organizations and businesses. Appropriate local Flag Day ceremonies of many kinds are held in Basch.” Ha: . Fame Henn A R_ -=t ibe R ;. every state fn conjunction with the National PAUSE FOR THE PLEDGE OF ALLEGIANCE ceremony Char:ma- ,, :`e F. a-- at Fort McHenry. Governors and Mayors across the country have joined in our National program Cio,, Cenva P, year. eenerarlo^-+% %-- USA iRe: I USA Former Cha• -ma, enr: C- ei. The Flag House was the home of Mary Pickersgill, who created the 42 foot by 30 foot Star - or Stah The Rc,Iapn Spangled Banner which flew over Fort McHenry during the War of 1812 and inspired Francis Scott o: +uhon s e[senho%%er Key to write our National Anthem. (1800 19851 The National Flag Day Foundation, Inc. was created in 1982 "to conduct educational programs throughout the United States in promotion of National Flag Day and to encourage National patriotism by promotion of the PAUSE FOR THE PLEDGE OF ALLEGIANCE:' The progress made nationally by our volunteer group since the origin of the concept in 1980 demonstrates clearly that the American people are indeed ready for the opportunity to join together in honoring Flag and Country. This annual Flag Day program presents a "natural stage” on which all Americans gather — a united people in the United States. Annual Pause For The Pledge of Allegiance * FLAG DAY USA * June 14, 7.00 p.m. IEDT -f)b Agenda Information Memo May 15, 1989 City Council Meeting AUTHORIZATION TO.ALLOW.CROP'PLANTING/CITY PROPERTY D. Rental, One, Year Rental of City Parcel for Crop Planting --With the exception of'the 4 million gallon reservoir project, there are no plans to improve property that was recently acquired from HUD for a community athletic complex. The City has been contacted by a farmer, Mr, Cliff Kirschner who has agreed to pay $20 an acre rent to grow soybeans on the property. This proposal was reviewed as an additional item ofbusiness at a recent City Council meeting .and the City Administrator was directed to further review the rental fees and suggest that the farmer make payment in the amount of $40 per acre. The Director of Parks and Recreation has met with the party and for reasons stated in the memo attached on page S -L, they are only willing to make payment in the amount of $20 per acre. For the reasons stated, staff is recommending acceptance of the proposal. ACTION TO HE CONSIDERED ON THIS ITEM: To approve the rental of a parcel recently acquired from HUD for farming purposes at the rate of $20 per acre. 3l MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR ROM: KEN VRAA, DIRECTOR OF PARKS 6 RECREATION Y DATE: MAY 1, 1989 RE: THE FARMING OF HUD PARCEL Earlier we discussed rental costs for the HUD parcel for farming purposes. You had indicated the Council thought rental fees should be $40.00 an acre, rather than the proposed $20.00 an acre. It is my understanding that the farmer is not willing to pay $40.00 an acre, (1) because he has previously farmed this property and feels the land is marginal farm land. (2) the parcel is relatively small and remote and at $40.00 an acre it is not worth his effort (3) due to the fact that the property has not been farmed or tilled in the last three years the preparation for seeding will be more difficult, perhaps requiring an application of round -up before seeding. (4) Another farmer was not interested for the above reasons. From this department's prospective, our primary objective is to see the property tilled, thus turning the surface of vegetation into the soil so it can begin the decomposition process. If we demand $40.00 an acre, this farmer will not farm the property and we will be put into a position where we must find someone else to farm the property or pay someone to work the soil. Farmers, are well into the planting season and time is growing short to find another individual to farm the property. It's my recommendation, since you have approved the $20.00 per acre fee, that we can proceed with renting agreement with the farmer by the time you receive this KV/bls 3-.�- City revert back to the the land. I expect an memo. Agenda Information Memo May 15, 1989 City Council Meeting CIGARETTE LICENSE E. Cigarette License for Crown CoCo Inc. for Eagan E -Z Stop --The City has received an application for a cigarette license from Crown COCO Inc., to operate the Eagan E -Z Stop at 4195 Nicols Road. The license application is in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the cigarette license for Crown COCO Inc., for Eagan E -Z Stop located at 4195 Nicols Road. GAMBLING APPLICATION/4TH OF JULY CELEBRATION VALLEY VIEWERS 4-3 CLUB F. Gambling Application - Waiver, Bingo, 4th of July Celebration, VAlley viewers 4-H Club --The City has received an application for a bingo license from the Valley Viewers 4-H Club for an activity on June 30, July 1, 2, 3 and 4 for the annual July 4th celebration. The Valley Viewers 4-H Club is also requesting action by the City Council to waive the 30 day waiting period normally required by the Minnesota Charitable Gambling Control Board. For a copy of the application, refer to page ,. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Valley Viewers 4-H Club application for a bingo license to be used at the July 4th celebration on June 30, July 1, 2, 3 and 4. Minnesota Charitable Gambling Control Board LAWFUL GAMBLING EXEMPTION g._ Room N475 Griggs -Midway Building FOR BOARD USE ONLY 1821 University Avenue ' St. Paul, MN 55104-3383 :1 (612) 642-0555 IVU INSTRUCTIONS: 1. Submit request for exemption at least V days prior to the occasion. 2. When completing form, do not complete shaded areas until after the activity. 3. Give the gold copy to the City or County. Send the remaining copies to the Board. The copies will be returned with an exemption number added to the form. When your activity Is concluded; complete the financial PLEASE TYPE information, sign and date the form, and return to the Board within 30 days. OrpeN/a 1e n Normo Number of Members Dcarem Number Of currently or prevlously , .: f H r V f I it I� - VA L L( / V I E tV I� I) ! L V t, J Sr licensed) end/or Permit number. F y c .-` ; T r i] 1!,3 I A •. Address City State 123p County ;7)31•d •,E 6jn).t- fti1N 55337 C,At:c n Chief Executive Officer's Now Phone Number Manager's Name Phone Number LA•.uQ.ErdrE LIS'S'i F 5A11 -r ( ) Type of Orgenlzalion If Other Nonprofit Organization (Check One and anach proof of nonprofil ml ❑ Fraternal Veterans ❑ IRS Designation ❑ Religion Other Nonprofit Organization ❑ Incorporate with Secretary of State Attach proof of three years existence ❑ Affiliate of Parent Nonprofit Organization Noma of Premises Where Activity Will Occur Galata) of Activity, Drawing(s) Rh o ?AF S ti ;. JCE 3.1 3 UL 14 1 1 11 ?i Y Premise, Address City Stale 1 ( ZIP, County L:(r_,�f.� (`AIvlj Ac,n>J f•,\wk, „strz [_,At.11A Expenses Market Value Game Yes No Gross Receipts Cost of PrizeB Profit of Prizes Bingo �( Rattles Paddlewheels x Tipboerds C Pull -Tabs Use of Profit Distributor From Whom Gambling Equipment Acquired I affirm all information submitted to the Board is true, accurate• and complete. Chief Executive Officer Signature Dale affirm all financial information submitted to the Board is true, ccurate, and complete. Signature ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY Dale I hereby acknowledge receipt of a copy of this application. By acknowledging receipt, l admit havingb6�[� served with notice that this application will be reviewed by the charitable Gambling Control Board and will become effective B� E ys from the date of receipt (noted below) by the City or County, unless a resolution of the local governing body is passed which specifically disallows such activity and a copy of that resolution is received by the Charitable Gambling Control Board within days of the below noted date. CITY OR COUNTY TOWNSHIP /T Signawre Name (Must be nouned when County Is the approving body) Title 6 1Date Received (Tine Dote Received - ),:,- ,LF 1i y C_.41/� _ :,— - 1'7 CG -00020.02 (8/88) White — Board Canary — Board relums to Organization to complete shaded areas. Pink—Organization Gold — City or County .5f Agenda Information Memo May 15, 1989.City Council Meeting CARRIAGE HILLS GOLF COURSELMINIMIZE IMPACT OF GOLF _BALLS G. Carriage Hills Golf Course, Improvements to Minimise Impact of Golf Balls on Adjoining Neighbors --At the May 2 City Council meeting,, the aforementioned item was continued allowing Mr. Smith an opportunity to propose a suitable solution to the high frequency of golf balls striking personal property and threatening the safety and welfare of residents living adjacent to the course. The City Administrator had sent a letter to Mr. Smith dated April 11 and a co y of that letter is enclosed on pages __5Ct through Mr. Smith's response dated April 28, enclosed on pages through !4 , was not received in time for a proper response and discuss --ion by the City Council at the last meeting. Apparently, the alternative explained in Mr. Smith's letter as Alternative #1 has reduced the frequency of golf balls to a level of satisfaction by the adjoining neighbors. The City Administrator has spoken with Mr. Smith, who appears to be in agreement to leaving the tee box at the new location and shortening the distance of that hole. The City Administrator also explained that it would be difficult for a local government entity to appropriate money for improvements or operations benefiting a for-profit business,. Therefore, the response on behalf of the City was to not participate in the $3,500 for reprinting the score cards and cost for remeasuring and re -rating the course by the Minnesota Golf Association. It is recommended that a letter to Bill Smith, owner of Carriage Hills Golf Course;, informing him of the Council's action be authorized to bring a proper closure to the problem. Any solution, including the moving of the tee box, will not completely eliminate a golf ball straying onto private property adjacent to the course. A copy of the proposed letter to Mr. Smith is enclosed without page 'number.. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize a letter tc Bill Smith, owner and operator of Carriage Hills Golf Course, informing him of the Council's action. SPECIAL NOTE: For additional background information on this item, refer to pages 4.1 through 47, Old Business for the May 2, 1989 City Council Agenda Packet. 35 3630 PILOT KNOB ROAD, P.O. BOA 21199 EAGAN. MINNESOTA 55121 PHONE (612) 4564100 April 11, 1989 Mr. W. B. Smith Carriage Hills Golf Course 3535 Wescott Hills Drive Eagan, MN 55123 RE: Striking of golf balls onto private property on 12th hole of Carriage Bills Golf Course Dear Mr. Smith: McAl ibry nbM* EGAN MD K GkOAFSON PAW LA McCREA DEODOM WAC!RER calce Nw� 1100 HEDGES o, Aar** a 91GM VAN OVEISM o., C� Various departments within the City of Eagan have continued to puruse options available to the city, the golf course, and the adjoining residents to relieve the number of golf balls, and the property damage caused by them, along the 12th hole. The City of Eagan is committed to protecting the personal safety, as well as the property, of those residents. Last fall we met with Tom Westbrook and Joseph Lulic, who spoke on your behalf. One of the options discussed at that time was the construction of a net barrier to be erected along the 12th fairway. City staff has determined that the cost of the netting, of a reasonable quality, the purchase and erection of supporting poles, and the necessary hardware to be approximately $13,000. This net would only be 25 feet nigh and is not believed to be high enough to catch those balls that would potentially cause personal injury or property damage. A net of any greater heigth would be substantially more expensive. Of course,these estimates do not include the lowering of the 12th tee which was to be undertaken by Carriage Hills Golf Course. Based on the City's review, we do not believe that a net would be an effective, cost efficient manner of correcting this problem. The City of Eagan continues to believe that the realignment of two or more of the holes on the Carriage Bills Golf Course is necessary to correct this problem. The City of Eagan is willing to participate in a reasonable way in the cost sharing of the engineering or construction costs of such a realignment. I invite you or your representative to discuss these options further with the Director of Parks end Recreation, Ren Vraa. THE IONS OAK TREE TIE SYM bM OF STRENGTH AND GROWN N OUR OOBOAMN 3(40 Mr. W. B. Smith April 11, 1989 Page 2 on September 30, 1988, you were sent a letter by Patrick Geagan, now Chief of Police for Eagan. You were advised that the City of Eagan was contemplating the prosecution of a criminal action against yourself if this nuisance were allowed to continue. You should be advised that the City of Eagan still intends to pursue such an action unless measures to substantially reduce the number of golf balls which could potentially cause personal injury or property damage along the 12th fairway. The City of Eagan requests that you respond no later than April 30, 1,989 by commencing constructive discussions or measures are being taken to alleviate the problem. We welcome your participation in trying to jointly bring about a solution to this issue without thenecessity of litigation. TLB:mka cc;c, Joseph F. Lul'ic Sincerely, Thomas L. Hedges City Administrator 31 Mr. Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55121 April 28, 1989 Dear Mr. Hedges, In response to your letter of April 11, 1989, I prepared a cost estimate for realigning the 12th and 18th holes of Carriage Hills Golf Course. This estimate was discussed and given to Mr. Vraa during a meeting at the golf course on Wednesday, April 26, 1989. Hopefully you have had a chance to review these figures. Although realignment would reduce the number of balls striking on private property, we feel the cost ($32,500.00) coupled with the loss of income we would incur during construction, makes realignment impossible. Obviously, the City of Eagan, would have a difficult time justifying this expenditure on a private business, not to mention the precedent it would set. What would prevent all other homeowners adjacent to the course from demanding the same? In view of this, Carriage Hills would like to propose these alternatives: P 1. #12 Tee Box Location: Move the present tee box on *12 t57 the south side of the pond, and play the 12th hole as a par 3. This would automatically eliminate the risk of golf balls striking on six properties adjacent to, or in back of the tee box. Properties farther down the fairway should not cause a problem as golfers will be hitting irons instead of woods. Moving the tee box will diminish the integrity and balance of "The Golf Course" causing three par 3's on the back nine. A regulation balanced nine, requires two par 3's per nine. We would sacrifice these points if "The City" would pay for replacing 30,000 obsolete score cards and the cost of measuring and re -rating "The Course" by the Minnesota Golf Association. (Approximate cost $3,500.00) 2. Netting: If the City still receives complaints and you feel there is a threat to sa-fe.ty, I will allow the City to erect a net along the west edge of the 12th hole. After checking with other courses with similar problems, I believe the net process would work and estimate the cost of a n'et 450 feet long and 50 feet high to be less than the $13,000.00 originally estimated by "The City" for a net 1/2 this size. It.is my understanding that the homeowners do not approve of a net because it will obstruct their view. However, if safety is the, number one concern, I feel a net is the only reasonable alternative. 3. L-itiga,t:ion: If complaints still exist, I suggest "The City" carry through on its threat of filing a criminal charge against me for operating a public nuisance.. However, I must direct your attention to the fact that on February 27, 1987 in Dakota County Court, Division 5, #5-3-21762,Carriage Hills was acquitted of any negligence or finding of nuisance,. Specifically: "A landowner has a duty to exercise reasonable care in the construction of structures on his property. However, the duty is Limited to damage which is foreseeable." In the instant case, when the 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. Furthermore,. the "Golf Course" has taken some precautions to prevent injury; and the precautions are reasonable in light of the potential danger. "The Golf Course has not breached the duty it owed to the landowners who built adjacent to the 12th hole. Because there is no finding of neglitgence on the part of the Golf Course, under the Highview decision discussed, Supra Minnesota Statute 561.01 does not allow a finding of Nuisance." 4. Rezone: Throughout all the meetings, letters, and phone calls, I get the impression that the City has taken sides on this problem. Having the golf course desist for some other type of development maybe the final solution. Sincerely, W. H. Smith, Carriage Hills Golf Course Agenda.Information•Memo May 15, 1989, City Council Meeting• SURPLUS CITY VEHICLES/RBCBIVE BIDS'/AWARD SALE H. Surplus City Vehicles, Receive Bids/Award Sale, Units #104, #503 and'#505--A bid opening was held at 1:OO p.m. on ,Friday, May 12, to consider the sale of three surplus City vehicl S. A copy of the .advert seaieryt for sale is enclosed on page 4L. Also enclosed on page, is•a tabulation of the bids received. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids and to award the sale:to the highest bidders. q0 CITY VEHICLES FOR BALE Unit 1104 - 1982 Chev 5-10. Pickup with tool box, 2.8L, V6, automatic transmission, A/C, 65,000 miles, VIN - 1GCBS14B2C145988 Unit #503 - 1984 Ford LTD. 351, V8, automatic transmission, A/C, 95,000 miles. VIN # - 1FABP43G11EZ1586658. Unit #505 - 1984 Chev 1/2 Ton short box, 4.1L, 6 cylinder, automatic transmission, A/C, 73,000 miles, VIN # iGCCC14DXEJ157432. Sealed bids will be received at Road, until 1:00 p.m., May 12., the outside of the sealed bid. Eagan Maintenance Facility, 3501 of 7:00 a.m. and 3:00 p.m. Eagan City Hall, 3830 Pilot Knob 1989. State each unit number on Vehicles can be examined at the Coachman Road, between the hours SURPLUS CITY VEHICLES UNITS 104, 503 AND 505 BID TINE: 1:00 P.M. BID DATE':. FRIDAY,, MAY 12, 1989 UNIT #104 - 1982 CHEVROLET S-10 PICK IIP 2. Dirk Houser 3. Bidders Total Bid 1. Byron Olson $1,976.00 2. Dan Helgeson 1,4'00.00 3. Don Beseau 1,351.00 A. Mark Reich 1,056.00 5. Jon Oyanagi 1,032.00 6. Erik Johnson 9.05.00 High Bid .....,....,.....,....... ............:.......•.... $1,976.00 UNIT #503 — 1984 FORD LTD Bidder 1. Dale Schoeppner $1,111.00 HighBid..,,..,........,..............,.................,.•..$1,111,.00 UNIT #505 - 1984..CHEVROLET 112 TON PICA DP Bidder 1. Byron Olson 2. Dirk Houser 3. Don Beseau 4. Erik Johnson $2,945,.00' 2,600..00 1,857.00 1,'005.00 High Bid ... _ ...................... ....................$2,;94'5,.00 q Agenda Information Memo May 15, 1989, City Council Meeting APPROVE SPECS/AD FOR BIDS/SEWER VAC -ALL I. Vehicle #219, Approve Specifications/Authorise Ad for Bids (Sewer vac -All) --In accordance with the approved 1989 Budget, the Public Works Utility Maintenance Division has proceeded with the preparation of detailed specifications to allow the competitive solicitation of quotes for the acquisition of a Sewer Vac -All maintenance machine. This piece of equipment will allow the maintenance operations to remove silt, sand, sludge and other related debris from our sanitary and storm sewers rather than having them continually flushed downstream. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the specs for Vehicle #219 (Sewer Vac -All) and authorize the advertisement for a bid opening to be held at 10:30 a.m., June 15, 1989. FINAL PLAT/WHISPERING WOODS 4TH ADDN J. Approve Final Plat, Whispering Woods 4th Addition --Staff has received a request for final plat approval for the Whispering Woods 4th Addition located west of Slaters Road and §outh of James Street as shown by the plat contained on page Y All conditions placed on the preliminary plat approval of April 5, 1988, have been satisfactorily complied with. All final plat application material has been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Whispering Woods 4th Addition and authorize the Mayor and City Clerk to execute all related documents. �3 r 1--1::':::.,I 1t1.__,:.:�.:,, I► �. , -- , i�,r , - 1 III !III ,' 41i� ' _ I 'i� I r.o° 1+•r.a• I' eu-• , 1 , w � } � w �•p... ,ill :,\ III = •,11 O +.9.-•°•�.• �\, A 1 - 1 r •YAC. 1 ♦Y �• •. 1 I 1 i•%.: f 9h Ilc.. n Ila r •Ifpll ' 1't.., NI 1,, 1 .. • ' (, rf. ISI"1'..111:.\1111 1 11141 1•.\:'-11-'1 fnIL 11L51_, ,w !1611 1',, vl Ile. 1_,Lt,n l'n lllgl--- I 91411 13 C ,i w+ , � °�� �E{� SSIS j IS E .4•t� �$ E 11,1 MIN .r T rIB1.__ �t7Ir7 O � •s -� O ]III �- I, , 1• II11 i! (�i•• Il l,,l;jl:�I; i?r�;`i ll! �Jl ]i It'll ,11 I ; °{ 5 II 11•.EI i. Il,Ilil,..,jll'j�(1'I,I T !'gtt'lil111(IS D �� 1 1 1111 I i � 11'•-, II -1 ]11;5=-lli 1: :-:!!;I D Ii„I,.,i -a!;l ll�'l I.: 1 lif:iI •, ! i! Z 2 U3 Agenda Information Memo May 15, 1989, City Council Meeting RECEIVE PETITIONIAUTHORIZE FEASIBILITY REPT/CLIFF RIDGE R. Project 570, Receive Petition/Authorize Feasibility Report (Cliff Ridge - Storm Sewer) --The City has received a petition requesting the installation of storm sewer facilities for the Cliff Ridge Addition located north of Cliff Road between the ChesMar East and Oak Chase Additions. All appropriate guarantees were executed along with the petition requesting this improvement. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for Project 570 (Cliff Ridge - Storm Sewer) and authorize the preparation of a feasibility report. AUTHORIZE SIDS/WTR TREATMENT PLANT/DEHUMIDIFICATION L. Contract 89-14, Approve Plans/Authorize Ad For Bids (Water Treatment Plant - Dehumidification --The detailed plans and specifications for the installation of. a dehumidification system for our Water Treatment Plant has now been completed and is being presented to the Council for consideration of authorizing the advertisement for competitive bids. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 89-14 (Water Treatment Plant - Dehumidification) and authorize the advertisement for a bid opening to be held at 10:30 a.m., June 1, 1989. VACATION/WHISPERING WOODS 4TH ADDN 4 M. Vacate Public Utility Easements, Receive Petition/Order Public Hearing (Whispering Woods 4th Addition --With the development of the Whispering Woods 3rd Addition, it was required that several easements be dedicated to accommodate temporary storm sewer and ponding facilities until such time that the 4th Addition would proceed with final platting. It was intended that while these easements would be formally drafted and executed, it would not be recorded until necessary. However, they were inadvertently recorded with Dakota County and should now be vacated as adequate easements at different locations are now being provided with the final plat of the Whispering Woods 4th Addition. Although the final plat for the 4th Addition is scheduled for formal approval, it will not be recorded with Dakota County until the vacation public hearing process has been completed. V -S Agenda Information Memo May 15, 1989, City Council Meeting Enclosed on page�� is a letter staff received from property owners located within the Oak Cliff development immediately adjacent to the proposed Whispering Woods 4th Addition. Their concerns along with engineering correspondence and maps have been previously forwarded to the City Council as a part of the Informative Memo dated May 5. The Engineering Division has done a detailed review of the proposed drainage plan and feel confident that it adequately addresses any drainage problems potentially affecting Mr. & Mrs. Felker. The previous storm sewer outlet, while undersized, was only temporary and always intended to be replaced by a larger pipe with the proposed 4th Addition. If the Council feels that additional discussion is warranted, this item should be removed from the Consent Agenda and discussed later in the meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate utility easements (Whispering Woods 4th Addition) and schedule a public hearing to be held on June 6, 1989. t -k6 Dave and Linda Felker 2252 J-ames St. Eagan, MN 55122 Phone: H 895-9909, 'W 688-8625 May 11, 19.89 Mayor. Vic Ellison City of Eagan Eagan,. MN 55121 Dear Mayor Ellison: AMERICAN FAMILY We again ask your support for what is to us a serious problem concerning the drainage of Whispering Woods.14Zh- On May 4'th, we called Mike Foectsoh to see if any developments had occurred about the drainage. He said the city had accepted a prlo;posal from Scott Hilla and it would be approved at the next council meeting on May 15th. We met with Mike late on the 5th to see what the proposal entailed. We, .as the public, do not think that five working days is a reasonable amount of time for us to have an independent siting survey done, retain legal counsel, and contact an engineering firm for outside verification. We have accomplished the first two with Tri -land Co. Surveying, Services and Gary Fuchs, attorney. It has taken Scott Hilla over a year to present this proposal and we feel the public, should have adequate time to respond. Over two years ago, before we purchased our house, Scott Hilla installed a drainage pipe on our Property bulldozing trees in the process. This was done to drain the Whispering Woods Addition, because his engineering firm said the design would work-. This outlet will be abandoned in his proposed.plan. If the engineering firm he hired was in error on that occasion, how can we be assured his engineers are not in error again? (Please see enclosed letter.) We ask that this not become a consent item at the next city council meeting until we,. the public, have a sufficient amount of time to respond to this proposal, for which the city will assume liability when it is accepted. Thank you for your attention to this matter. Sincerely. Dave and Linda Felker Eagan Residents \V1 Agenda Information Memo May 15, 1989, City Council Meeting FINAL ASSESSMENT HEARING/MALLARD PR STLIGHTS A. Project 544, Final Assessment Hearing (Mallard Park - Streetlights) --On April 18, the Final Assessment Roll was presented to the Council for the above -referenced project with a final assessment public hearing being scheduled for May 15, 1989. Enclosed on page is a summary of the final assessment rates as compared to the estimate contained in the feasibility report presented at the public hearing on August 16, 1988. A slight increase in the final assessment amount resulted from additional construction work to service the streetlights as finally located. All notices have been published in the legal newspaper and sent to all affected property owners informing them of their proposed assessment and the public hearing. As of this date, the staff has not received any objections to the proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 544 (Mallard Park 3rd Addition - Streetlights) and authorize its certification to the County. FINAL ASSESSMENT HEARING PROJECT NO: S44 SUBDIVISION/AREA: Drake Drive Mallard.Park aid Add. FINAL ASSESSMENT NEARING: .May 15, 1989 'IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. - Feasibility Report FINAL F. R. RATE RATES Street Light $172..50/lot $150.00/lot NUMBER OF PARCELS AFFECTED 2:6 NUMBER OF YEARS ASSESSED: 3 RATE OF INTEREST: 9$ TOTAL AMOUNT ASSESSED: $2,760.00 (F R. $2,400.00) TOTAL AMOUNT CITY FINANCED: -0- CONSTRUCTED UNDER THE FOLLOWING CONTRACTS. NA PUBLIC REARING DATE: August 16 1988 COMMENTS: The additional costs of this project resulted from changing the location of the street light at Drake Drive and North Woodgate Lane making it necessary to bore the electrical service under North Woodgate Lane and under one driveway. Agenda Information Memo May 15., 1989, City Council Meeting FINAL ASSESSMENT HEARING/STONEY POINTE S BLACKHAWR RIDGE B. Project 523, Final Assessment Hearing (Stoney Pointe 6 Blackhawk Ridge - Water Main) --On April 18, the final assessment roll was presented to the Council for the above -referenced project in consideration of holding a formal public hearing for the assessments associated with lateral benefit from the installation of a trunk water main through the. Stoney Pointe, Blackhawk Ridge and Blackhawk Ponds developments. Enclosed on page IV is a tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing held on February 2, 1988. The final assessment rates are in conformance with the feasibility report estimates with the addition of extra costs associated with easement acquisition and 35E fence relocation costs that were not anticipated with the original report. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. Although staff has not received any objections to date, some new homeowners may not be aware that these pending assessments would be covered by a standard escrow agreement established with the purchase of property within these new developments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 523 (Stoney Pointe/Blackhawk Ridge/Blackhawk Pond - Water Main) and authorize its certification to the County. 5o FINAL ASSESSNEN;t HEARING PROJECT NO: 523 SUBDIVISION/AREA: STONEY POINT/BLACKHAWK RIDGE/BLACKHAWK POND FINAL ASSESSMENT HEARING: MAY 15, 1'989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report WATER Area F1 Laterals FINAL F. R. RATES RATES I SANITARY $1,315/acre $1.315/acre OService a Lat. Benefit/ $25.12 $14. 58 FF FF (1, $13.10 Trunk STORM . Area QLateral NA NA 'i � NUMBER OF PARCELS AFFECTED: NUMBER OF YEARS ASSESSED: 15 RATE OF INTEREST: 9.0% Area Laterals Service �Lat. Benefit/ Trunk STREETS E]Cravel Base Surfacing r ORes. Equiv. TOTAL AMOUNT ASSESSED: $165,627.28 TOTAL AMOUNT CITY FINANCED: $ 53,2.92.12 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 88-13 FINAL F. R. RATES RATES P-UBLIC'HEARINC'DATE: February 2,, 1988 (1) & 0) . The rates used for Stoney,Pnint 2nd Addition and Blackhawk Pond were .increased to cover additional costs listed in Item I Project 523 -Related Costs and were distributed as follows: (1) Stoney Point 2nd Addition, the cost of a necessary easement was divided by the assessable footage and added to the standard rate: $2,620.00 divided by 1,773 F.F. _ $1.48 + $13.10 = $14.58 F.F. (2) For Blackhawk Pond, easement acquisition costs plus costs for fence removal and re—installation were divided by the assessable footage and added to the standard rate: $1,760..10 (Easements) + $15,073.71 (Fence Work) divided by 1,400 F.F. = $12,.02 + $13.10 = $25.12 F.F. 5 1 Agenda Information Memo May 15, 1989, City Council Meeting FINAL ASSMT HEARING/DODD ROAD C. Project 515, Final Assessment Hearing (Dodd Road - Overlay) -- On April 18, the final assessment roll was presented to the Council in consideration of scheduling a public hearing to discuss the final costs associated with the overlay constructed on Dodd Road south of Cliff Road. Enclosed on page 53 is a summary of the final assessment costs as compared to those contained in the feasibility report presented at the public hearing on June 7, 1988. Although the total assessable amount greatly exceeded the original estimate, the final assessable rates per front foot increased only 1.9%- All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. As of this date„ the staff has not received any objections to the proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 515 (Dodd Road - Overlay) and authorize its certification to the County. S FINAL ASSESSMENT NEARING PROJECT NUMBER'S 515 SUBDIVISION/AREA: DODD ROAD FINAL ASSESSMENT BEARINGS MAY 15, 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSEDs F.B. = Feasibility Report FINAL F.R. FINAL NATER RATES RATES SANITARY RATES ❑Area ❑Area ❑ Laterals ❑ Laterals ❑Service ❑ Service ❑ Lat. Benefit/ ❑ Let. Benefit/ Trunk Trunk ❑NAC STREETS ❑Gravel Base ❑XSurfacing ❑Res. Equiv. STORM ❑ Area $5.25/ff 55.15/ff I [:]Lateral NUMBER OF PARCELS AFFECTEDs NUMBER OF YEARS ASS£SSEDs RATE OF INTEREST: 40 91 TOTAL AMOUNT ASSESSED:. $60.6,78.72 (F.R. = $39,808.95') TOTAL AMOUNT CITY FINkNCED: -0- CONSTRUCTED UNDER CITY CONTRACTSs 88-25 PUBLIC BEARING DATE;: June 7, 1988 F.R. RATES COMMENTS: The cost overruns for this project were the result of the contract being expanded to the south on Dodd Road to Rosemount and to the east on Farm Road to Trunk Highway #3 at the request of the affected property owners. While the total contract amount increased approximately 507, the assessment rate increased only $0.10 per front foot from $5.15/FF to $5.25/FF. Agenda Information Memo May 15, 1989, City Council Meeting FINAL ASSMT HEARING/RINDER.CARE D. Project 530,, Final Assessment Hearing (Binder Care - Water Main) --On April 18, the final assessment roll was presented to the Council and a public hearing was scheduled for May 15 to discuss the final costs associated with this project. Enclosed on page is a summary tabulation of the final costs associated with this project as compared to the estimates containedin the feasibility report presented at the public hearing held on April 19, 1988. All notices have been published in the legal newspaper and sent to all property owners informing them of this public hearing. As of this date,, the staff has not received any objections to the proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To and approve the final assessment roll for Addition - Water Main) and authorization County. 5(� close the public hearing Project 530 (Kinder Care its certification to the FINAL ASSESSMENT HEARING PROJECT NUMBER: 530 SUBDIVISION/'AREAa KINDER CARE ADDITION FINAL ASSESSMENT HEARING: MAY 15, 1989 IMP-ROVEMENT.S INSTALLED IND/OR ASSESSED,: F.R. = Feasibility Report NATER ❑A,rea g Laterals ❑ Service ❑ Lat. Benefit/ Trunk ❑NA'C STREETS ❑ Gravel Base ❑Surfaci-ng []Res. Equiv. FINAL F.R. RATES RATES $ 47.56/ff $ 56.69/ff .$705.74/ $470_.00/ 1'uinp sum lump' sum NUMBER OF PARCELS AFFECTED: NUMBER OF YEARS ASSESSED: RATE OF IN,TEREST.: I 2 10 9'.0% SANITARY ❑ A -r e a ❑ Laterals ❑;Service ❑`Lat. Benefit/ Trunk STORM ❑Area ❑ La'teral TOTAL AMOUNT ASSESSED: $15,819.80 (F.R. =. ¢18,500.00) TOTAL AMOUNT CITY FINANCED: $0.00 CONSTRUCTED UNDER CITY CONTRACTS: 88`22 PUBLIC HEARING DATE: APRIL 19, 1988 COMMENTS: 55 FINAL F.R. RATES RATES Agenda Information Memo May 15, 1989 City Council Meeting 10M . RESOLUTION/OINEILL LAWSUIT SETTLEMENT A. Resolution, Settling O'Neill Condemnation and,Eagan va Eagan Heights Lawsuits --A ;settlement was proposed on May 3 for three ('3) lawsuits currently involving Federal Land Company and its affiliates., the O'Neills and the City, generally including the condemnation action for the ponds, the May 1988 zoning by the City relating to the O'Neill land and the City's request for court determination regarding Federal Land's responsibility for payment for the cost of the acquisition of the pond easements. For additional, and the action that is required by the City Council to authorize the settlement on behalf of the City, refer to a memo and resolution prepared by the City attorney enclosed on pages 4 through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny authorization of a resolution to settle three (3) lawsuits that involve Federal Land Company and its affiliates, the O'Ndills., and the City as referenced. MIRY 08 '89 12:01 TO CITY OF EAGAN FROM HAUGE,EIDE,KELLER,PA T-458 P.01 9e(t yes Y-0tt 1 HAUGE, EIDE & KELLER, P.A. /� //�� PAUL H. HAUGE ,%tornepa of a4ao KEVIN W. EIDE TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 DAVID G. KELLER SELLIN 1260 YANKEE DOODLE. ROAD DEBRA LORI M.. SCH MIDT EAGAN, MINNESOTA 55128-2201 HOSP. LOW THOMAS P. LOWE TS (612) 456-9000 FAX: (612) 454-4232 'Mr. Thomas Eagan City 3830 Pilot Eagan, MN Hedges Administrator Knob Road 55121 Mr. Thomas Colbert Eagan Public Works Director 3830 Pilot Knob Road Eagan, MN 55121 Mr. Terry Durkin Attorney at Law McMenomy & Severson Law Firm 7300 West 147th Street Apple Valley, MN 55124 May 5, 1989 Mr. Robert R.Barth Attorney at Law 3500 IDS Center Minneapolis, MN 55402 fir. Gerald Duffy Attorney at Law 100 Washington Square, 41350 Minneapolis, MN 55401 RE: City of Eagan, Federal Land Company, and Robert and Grace O'Neil Dear Tom & All: Attached is a proposed set of Findings, Conclusions and Order that Judge Kalina asked that we prepare and submit to him on the basis of the general proposed settlement that was entered in open court and dictated to Judge Kalina before a court reporter on May 30 1989. The general settlement covers three main lawsuits currently involving Federal Land Company and its affiliates, the O'Neils and the City, generally including the condemnation action for the ponds, the May 1988 zoning by the City relating to the O'Neil land, and the City's request for court determination regarding Federal Land's responsibility for payment for the cost of the acquisition of the pond easements. In addition, the O'Neils in December of 1988, brought a motion before the District Court challenging the public necessity of the City's acquisition of the O'Neil ponds. After the District Court ruled in the City's favor, the O'Neils moved for discretionary review before the Court of Appeals, which court also sustained the ruling in favor of the City, and which Appellate Court denial of the O'Neil motion has now been brought by the O'Neill before the Minnesota Supreme Court for discretionary review. 5614 MAY 08 '8g 12:01 TO CITY OF EAGAN FROM HAUGE,EIDE,KELLER,PA T-458 P.02 May 5, 1989 Page 2 I would ask that each of you review the enclosure and return your comments to me as quickly as possible so that we can expedite the wording prior to the distribution of the Eagan City Council packet which I understand will be distributed on Thursday, May 11, 1989 for the City Council meeting scheduled for May 16, 1989. It is imperative that the wording be agreed upon as quickly as possible so as to avoid any attempted changes in the agreement of the parties made on May 3, 1989. A request was made by Mr. Duffy on behalf of the O'Neils that the City coordinate all necessary information in order to schedule a public hearing before the Advisory Planning Commission at the earliest practical time to consider the proposed revision to the zoning and land use for the O'Neil property. In addition, a request was made on behalf of the O'Neils that the City Council consider methods for financing transportation improvements in the general area of Yankee Doodle Road and Pilot Knob Road, including tax increment financing. j PHH:ras Enclosures very truly yours, HAUGE, EIDE 6 KELLER, P.A. Paul H. Hauge HAUGE, EIDE & KELLER, P.A. A///�� // PAUL H. HAUGE ftornrys at d..am KEVIN W. EIDE TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 DAVID G. KELLER 1260 YANKEE DOODLE ROAD LORPM. 6ELLIN EARNMINNE50TA DIDMI 0EBME.601+fA0S t�e�us v. �ewE (612) 456-9000 FAX: (612) 454-4282 May 12f 1989 Mr. Thomas Hedges Eagan City Administrator 3830 Pilot Knob Road Eagan., MN 55,121 Mr. Thomas Colbert Eagan Public Works Director 3830 Pilot Knob Road Eagan, MN 55121 Mr. Terry Durkin Attorney at Law McMenomy &Severson Law Firm 7300 West 147th Street Apple Valley, MN 55124 Mr. Robert R.Barth Attorney at Law 3,500 IDS Center Minneapolis, MN 55402 Mr. Gerald Duffy Attorney at Law 100 Washington Square.,, *1350 Minneapolis., MN 55'401. RE: City of Eagan, Federal Land Company, and Robert and Grace O"Neil Dear Tom & All: Enclosed is a.revised set of proposed Findings, Conclusions and Order concerning the above. Tom Colbert and Terry Durkin submitted their suggested changes and Jerry Duffy had no changes.. Bob Barth submitted his suggestions at 2:30 p.m. on Friday, May'12, and I was unable, to reach him to talk with him about them.. I incorporated some and left some wording as is. The Council packet goes out this afternoon and thus the reason for haste. The Council will consider a Resolution adopting the agreement incorporated into the Findings on Monday, May 15, rather than May 16, 1989. PHH:.ras 6n.clo•uro'• Very truly yours, HAUGE, EIDE & KELLER, P.A. Paul R. Hauge RESOLUTION APPROVING SETTLEMENT OF LAWSUITS INVOLVING THE CITY OF EAGAN AND EAGAN HEIGHTS COMMERCIAL PARR; EAGAN TOWER OFFICE BUILDING PARTNERSHIP; ROBERT J. O'NEIL; AND FEDERAL LAND COMPANY WHEREAS, the City of Eagan is the Plaintiff in a lawsuit currently pending in Dakota County District Court against Eagan Heights Commercial Park, a Minnesota partnership; and Eagan Tower Office Building Partnership, a Minnesota general partnership, bearing= Dakota County District Court File No. CR -88-5960; and WHEREAS, the City of Eagan is also Petitioner in a condemnation action pending in Dakota County District Court against Robert J. • O'Neil and Grace O'Neil, husband and wife, bearing Dakota County District Court File No. C6-86-10235; and WHEREAS, the City of Eagan is a Defendant in a case pending in a Dakota County District Court, the Plaintiffs being Eagan Heights Commercial Park and Fagan Tower Office Building, bearing Dakota County District Court File No. C7-88-105886; and WHEREAS, the two of the three above -entitled lawsuits came on for hearing before District Court Judge Gerald W. Ralina on May 3, 1989, which resulted in a proposed settlement by all of the parties in the lawsuits; and WHEREAS, the City of Eagan, Eagan Heights Commercial Park, Eagan Tower Office Building Partnership, Robert J. O'Neil, Grace O'Neil and 644 :i Federal Land Company entered into a settlement agreement on May 3, 1989, resolving all three of the lawsuits, which is contingent upon approval by the Eagan City Council; and WHEREAS, the Eagan City Council has reviewed the transcript of the proceedings held before Judge Ralina on May 3, 1989, a copy of which is attached hereto; and has reviewed the proposed Findings of Fact, Conclusions of Law and Order for Judgment in the three cases which is also attached hereto; and WHEREAS, the Eagan City Council deems it to be in the best s interest of the City of Eagan to approve the settlement agreement as set out in the attached Transcript of Proceedings and Proposed Findings of Fact, Conclusions of Law and Order for Judgment. NOW, THEREFORE, upon motion duly made and seconded, the Eagan City Council has resolved the following: 1. That the settlement agreement which is set out in the attached Transcript of Proceedings and Proposed Findings of Fact, Conclusions of Law and Order for Judgment is hereby approved by the Eagan City Council. 2. That the City staff and the City's attorneys are hereby authorizezd to take all action necessary to facilitate the settlement between the parties as set out in the attached Transcript of 446 3; Proceedings and Proposed Findings of Fact, Conclusions of Law, and Order for Judgment. DATED: This day of May, 1989. CITY OF EAGAN By: Victor L. Ellison Its: Mayor By: E. J. VanOverbeke Its• Clerk rr. -L5 es NEW COPY OF FINDINGS OF FACT: Summary of Changes: Page 2 File number has changed Page 3 - Item 4., ". . having as its managing -partner," Page '5 - Item lZ. Replaced. Page 6 - Item 13. Omit rest of paragraph beginning with ". . further, each party shall. . . " HAUGE, EIDE & KELLER, P.A. PAM IL wase ICBMw. 0M TOWN CENTRE PROFESSIONAL BLDG., SUITE 300 DAVID 4 REUJM 1260 YANKEE DOODLE ROAD LM M. saL" EAGAN. MINNESOTA 55123-3401 00WAE60"WT (612) 456-9000 THOU" P. LOWE FAX: (613) 454-4333 May 12, 1989 Mr. Thomas Hedges Eagan City Administrator 3830 Pilot Knob Road Eagan, MN 55121 Mr. Thomas Colbert Eagan Public Works Director 3830 Pilot Knob Road Eagan, MN 55121 Mr. Terry Durkin Attorney at Law McMenomy 6 Severson Law Firm 7300 West 147th Street Apple Valley, MN 55124 Mr. Robert R.Barth Attorney at Law 3500 IDS Center Minneapolis, MN 55402 Mr. Gerald Duffy Attorney at Law 100 Washington Square, #1350 Minneapolis, MN 55401 RE: City of Eagan, Federal Land Company, and Robert and Grace O'Neil Dear Tom & All: Enclosed is a revt ised set of proposed Findings, Conclusions and Order concerning the above. Tom Colbert and Terry Durkin submitted their suggested changes and Jerry Duffy had no changes. Bob Barth submitted his suggestions at 2:30 p.m. on Friday, May 12, and I was unable to reach him to talk with him about them. I Incorporated some and left some wording as is. The Council packet goes out this afternoon and thus the reason for haste. The Council will consider a Resolution adopting the agreement incorporated into the Findings on Monday, May 15, rather than May 16, 1969. Very truly yours, BADGE, EIDE i KELLER, P.A. Paul 8. Gauge PBH:ras � 7 Enclosures STATE OF ,MINNESOTA CASE TYPE: Other Civil DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT C:i"ty of Eagan, a Municipal corporation, Plaintiff, Vs. Eagan Heights Commercial. Park, a Minnesota general partnership, and Eagan Tower Office Building Partnership, a Minnesota general partnership, Defendants. STATE OF MQNNESOTA File No. CX -88-5160 FINDINGS OF FACT C NCLUSIONS'OF LAW i ORDER FOR JUDGMENT CASE TYPE: Condemnation DIS<TRICT COURT' COUNTY ------------------------------------------------------------------- OF DAKOTA and Grace O'Neil,) FIRST JUDICIAL DISTRICT City of Eagan, a municipal ) Court File No.. C6-86-10235 corporation, ) Petitioner, ) ) Vs. ) Robert J. O'Neal and Grace O'Neil,) FINDINGS OF FACT, husband and wife, Federal Land ) CONCLUSIONS .OF LAW", Bank of St. Paul, County of ) 6 ORDER FOR JUDGMENT Dakota, and all other parties ) unknown claiming any rights, ) title or interest .in the ) hereinafter described property, ) Respondents, ----------- 0 STATE OF MINNESOTA COUNTY OF DAKOTA Eagan Heights Commercial Park, a Minnesota General Partnership, and Eagan Tower Office Building Partnership, a Minnesota General Partnership, Plaintiffs, VS. City of Eagan, a Municipal Corporation, Defendant. CASE TYPE: Other Civil DISTRICT COURT FIRST JUDICIAL DISTRICT FILE NO. C7-88-105886 FINDINGS OF FACT, CONCLUSIONS OF LAK, 8 ORDER FOR JUDGMENT ■ -------------------------- This matter came on for hearing before the above-named court pursuant to a Notice of Trial in Case No. CX -88-5460 on May 3, 1989. The following persons were presentt Paul H. Hauge, attorney for the City of Eagan; Terry Durkin, attorney for the City of Eagan; J Robert R. Barth, attorney for Eagan Heights Commercial Park, et al; Charles Bartholdi, attorney for Eagan Heights Commercial Park, et al; Harold H. Sheff, attorney for Robert J. O'Neil, et al; Gerald Duffy, attorney for Robert J. O'Neil, et al. Also present in the courtroom and was offered testimony and orally acknowledged agreement with and understood the terms that were dictated into the record by the attorneys and the parties present were Robert J. O'Neil and Grace O'Neil. Also present was Thomas Colbert, Eagan Public Works Director. Upon all the files, records and proceedings herein, and in 67 respect to each of the files in the above-describedcaption, the parties having .consented to the terms of the proposed settlement, through their attorneys, this Court make's its determination as follows: FINDINGS OF FACT 1. Robert J. O'Neil and Grace M. O'Neil, (O'Neils) are husband and wife and reside at 2040 Edgecumb Road, St. Paul, Minnesota. 2. City of Eagan, (the City) is a municipal corporation located in the County of Dakota, and organized and existing under the laws of the, iSta.te of Minnesota. 3. Eagan Heights Commercial Park (:Eagan Heights) is a Minnesota general partnership, having as its managing partner, Pederal Land Company, a Minnesota general partnership, consisting of Vernon R. Colon 'and Martin F. Colon. 4. Eagan Tower Office Building (Eagan Tower) is a Minnesota general partner,shi , also having as its'managing partner, Federal Land Company. 5. The O'Neils are the fee owners of a parcel of land consisting of approximately 122 acres in the City of Eagan which is located at the northwest intersection of Lexington Avenue and Yankee Doodle Road. 6. Eagan Tower is the owner and developer of a parcel of property in the City known as Town Centre 70.First Addition and s>ituated in the southwest quadrant of the intersection of Yankee Doodle Road and Denmark Avenue. l O 3 7. Eagan Heights is the owner and developer of a parcel of property located in the City of Eagan known as Eagan Heights Commercial Park and located in the southwest quadrant of the intersection of Yankee Doodle Road and Lexington Avenue. B. Court File No. C7-88-105886 is an action brought by Eagan Heights and Eagan Tower for an order of the Court determining that the rezoning of the O'Neil property by the City which was confirmed by Order of this Court dated May 4, 1988 in File No. 100106 was invalid for various reasons stated therein. 9. Court File No. CX -88-5460 arose on the basis of a counterclaim by the City against Eagan Heights and Eagan Tower for declaratory order that the applicable provisions of the Town Centre 70 First Addition Development Contract and the Eagan Heights Commercial Park Planned Development Agreement are valid, existing and binding contracts and seeking a determination by the Court as to the respective obligations of the City, Eagan Heights and Eagan Tower for payment of that certain condemnation award to the O'Neils as finally determined in Court File No. CX -86-99806, below. 10. Court File No. CX -86-99806 (C6-86-102375) is a condemnation action brought by the City against the O'Neils for the acquisition of certain ponding and utility easements on the O'Neil property. 11. Court File No. C4-89-238 is a Petition for Review before the Minnesota Court of Appeals of an Order of the District Court in File No. CX -85-99860 (C6-86-102375) denying a motion of the O'Neils for a rehearing of the issues regarding public purpose and necessity of the City's acquisition of the easements under District Court File No. CX -85-99860. The City entered into an agreement with the �/ 4 O'Neils on or about May 6, 1988 under File No. CX -86-99860- 12. Eagan Heights and Eagan Tower have agreed to pay to the City the sum of $250',000,,00 as and for complete and, full settlement of all obligations which they, or either of them, may now have or hereafter incur arising from or in any way related to the Town Centre 70 First Addition Development. Contr-act and the Eagan Heights Commercial Park Planned Development Agreement and the Town Centre 100 First Addition Development Contract, or otherwise, for or on account of any and all costs and expenses incurred or to be incurred by the City in the acquisition of the ponding easements on the O'Neil property, including, without limitation, all professional fees, interest and other costs, and all costs relating to or arising from the improvements constructed thereon, which sum shall be assessed, in accor.d'ance, with normal City assessment policies, against parcels within Town Centre 70 and Town Centre 100, as previously agreed upon between the City of Eagan, Eagan Heights and Eagan Tower, based upon the number of squalre feet of assessable land within said parcels; Federal Land Company, Eagan Heights and Eagan Tower hereby waive the right to object to said assessments or to appeal from the levy of such assessments. in the event that any property within Town Centre 70 or Town.Centre 100 shall be relieved of or exempt from such assessments, then the remaining assessable land within said subdivisions shall be assessed for the balance of such assessments. Federal Land Company, Eagan' Heights and Eagan Tower hereby guarantee prompt payment when due of any and all installments of special assessments so levied and will pay any and all expenses incurred by the City in defending any claims or causes 5 of action that may arise as the result of any objections or appeals. from the, assessments described in this paragraph, including administrative fees, attorneys fees, and all other costs incurred by the City. The special assessments referred to in this paragraph shall be levied over a period of five (5) years, with interest on the unpaid assessments at the rate of ten and one-half percent (10 1/28) per annum. Interest on the $250,000,.00 to be levied on an amount under the :terms of the agreement between the parties shall commence on May 16, 1989. The assessments contemplated by this paragraph shall be levied within thirty (30) days of the entry of this Order or as soon thereafter as may be practicable. 13. It is further understood that the action entitled Eagan Heights, et al vs. City of Eagan, File No. C7-88-105886, shall be dismissed with pr.ej'udice, and each party shall pay its own attorneY's fees and costs. 14. The 01 -Neils agmee to accept and the City agrees to pay the sum of $500,000.06 to the O'Neils for the settlement and dismissal of the condemnation action entitled Eagan vs. Robert J. O'Neil, et al, Court File No. CX -86-991860- ('C6-86-102375), including all appeals, motions and other proceedings that have been brought in respect to said condemnation action, $498,.0.00 of which ha,s previously been paid by the City to the O'Neils and an additional $2,000 shall be paid in full within 30 days after the entry of the Order contemplated herein. It is further understood that each party shall mutually release the other from any and all claims that they may have in respect to said condemnation action and any and all other claims or causes of action as the result of the zoning and 613 6 land use revisions that have been approved by the City to the date of the Order provided herein, to the O'Ne.il property at Lexington and Yankee Doodle Road in Eagan. CONCLUSIONS OF LAW 1. Based upon the entire record of proceedings, all pleadings previously filed herein, and the testimony in open court, the Court has concluded that there is a rational and reasonable basis to support the terms of the Settlement Agreement entered into in open Court on May 3, 1989, relating to the actions described in the caption, including all motions and appeals brought thereunder. 2. This Court deems it is in the best interest of the parties in order to settle the various claims and disputes involving such actions, and in order to allow the development of .the property affected by the settlement of such disputes to be developed in a reasonable manner, that such actions be sesttled and dismissed. a ORDER FOR JUDGMENT 1. The terms and conditions that were dictated into the record before this Court on May 3, 1989 in res,pec�t to the :actions cited in the captions above, are hereby incorporated into this Order and all claims and actions are hereby settled and dismissed upon final approval and action by the Eagan City Council and submission to this Court of a certified copy of a Resolution of the Eagan City Council, approving the terms of said Agreement and the terms of these Find, ng^s o:f. Fac,t, Conclusions of Law,, and Order for Judgment. 2. it is understood that each of the parties shall be reaponsible for .thei=r own costs and' expenses including legal fees. 3,. It is finally understood that the terms and conditions of the Agreement of the parties entered into the Court's record on May 1,,, 1989 shall be enforceable in a,Court of law and this Order sha-11 supersede the provisions of any agreements to the extent that they are inconsistent with this Order. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: BY THE COURT Judge o District our t STATE OF MINNESOTA COUNTY OF DAKOTA City of Eagan, a Municipal corporation, Plaintiff, V5. Eagan Heights Commercial Park, a Minnesota general partnership, and Eagan Tower Office Building Partnership, a Minnesota general partnership, Defendants. STATE OF MINNESOTA COUNTY OF DAKOTA City Of Eagan, a municipal ) corporation, ) Petitioner, ) Vs. ) Robert J. O'Neil and Grace O'Neil,) husband and wife, Federal Land ) Bank of St. Paul, County of ) Dakota, and all other parties ) unknown claiming any rights, ) title or interest in the ) hereinafter described property, ) Respondents, ----------- CASE TYPE: Other Civil DISTRICT COURT FIRST JUDICIAL DISTRICT File No. CX -88-5460 FINDINGS OF FACT, CONCLUSIONS OF LAW a ORDER FOR UDGMENT CASE TYPE: Condemnation DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No. C6-86-10235 FINDINGS OF FACT, CONCLUSIONS OF LAW, 6 ORDER FOR JUDGMENT MAY 12 189 15:52 TO CITY OF EAGAN FROM HAUGE.EIDE,KELLER.PA T-474 P.03 CASE TYPE: Other Civil STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT Eagan Heights Commercial Park, a Minnesota General Partnership, and Eagan Tower Office Building Partnership, a Minnesota General Partnership, Plaintiffs, VS. City of Eagan, a Municipal Corporation, Defendant. FILE NO. C7-88-105886 FINDINGS OF FACT, CONCLUSIONS OF LAW, S ORDER FOR JUDGMENT This matter came on for hearing before the above-named court pursuant to a Notice of Trial in Case No. C7-88-105886 on May 3, 1989. The following persons were present: Paul H. Hauge, attorney for the City of Eagan; Terry Durkin, attorney for the City of Eagan; Robert R. Barth, attorney for Eagan Heights Commercial Park, et al; Charles Bartholdi, attorney for Eagan Heights Commercial Park, et al; Harold H. Sheff, attorney for Robert J. O'Neil, et al; Gerald Duffy, attorney for Robert J. O'Neil, et al. Also present in the courtroom and was offered testimony and orally acknowledged agreement with and understood the terms that were dictated into the record by the attorneys and the parties present were Robert J. O'Neil and Grace O'Neil. Also present was Thomas Colbert, Eagan Public Works Director. Upon all the files, records and proceedings herein, and in �9l MAY 12 189 15:53 TO CITY OF ERGRN FROM HAUGE.EIDE.IELLER.PR T-474 P.04 respect to each of the files in the above-described caption, the parties having consented to the terms of the proposed settlement, through their attorneys, this Court makes its determination as follows: FINDINGS OF FACT 1. Robert J. O'Neil and Grace M. O'Neil, (O'Neils) are husband and wife and reside at 2040 Edgecumb Road, St. Paul, Minnesota. 2. City of Eagan, (the City) is a municipal corporation located in the County of Dakota, and organized and existing under the laws of the State of Minnesota. 3. Eagan Heights Commercial Park (Eagan Heights) is a Minnesota general partnership, having as its managing partner, Federal Land Company, a Minnesota general partnership, consisting of Vernon R. Colon and Martin F. Colon. 4. Eagan Tower Office Building (Eagan Tower) is a Minnesota general partnership, also having its managing partner, Federal Land Company. 5. The O'Neils are the fee owners of a parcel of land consisting of approximately 122 acres in the City of Eagan which is located at the northwest intersection of Lexington Avenue and Yankee Doodle Road. 6. Eagan Tower is the owner and developer of a parcel of property in the City known as Town Centre 70 First Addition and situated in the southwest quadrant of the intersection of Yankee Doodle Road and Denmark Avenue. J101 3 7. Eagan Heiahts is the owner and developer of a parCe2 Of property located in the City of Eagan known as Eagan Heights Commercial Park and located in the southwest quadrant of the intersection of Yankee Doodle Road and Lexington Avenue. 8. Court File No. C7-88-105886 is an action brought by Eagan Heights and Eagan Tower for an order of the Court determining that the rezoning of the O'Neil property by the City which was confirmed by Order of this Court dated May 4, 1988 in File No. 100106 was invalid for various reasons stated therein. 9. Court File No. CX -88-5460 arose on the basis of a counterclaim by the City against Eagan Heights and Eagan Tower for declaratory order that the applicable provisions of the Town Centre 70 First Addition Development Contract and the Eagan Heights Commercial Park Planned Development Agreement are valid, existing and binding contracts and seeking a determination by the Court as to the respective obligations of the City, Eagan Heights and Eagan Tower for payment of that certain condemnation award to the O'Neils as finally determined in Court File No. CX -86-99806, below. 10. Court File No. CX -86-99806 (C6-86-102375) is a condemnation action brought by the City against the O'Neils for the acquisition of certain ponding and utility easements on the O'Neil property. 11. Court File No. C4-89-238 is a Petition for Review before the Minnesota Court of Appeals of an Order of the District Court in File No. CX -85-99860 (C6-86-102375) denying a motion of the O'Neils for a rehearing of the issues regarding public purpose and necessity of the City's acquisition of the easements under District Court File No. CX -85-99860. The City entered into an agreement with the G4 O'Neils on or about May 6, 1988 under File No. CX -86-99860. 12. Eagan Heights and Eagan Tower have agreed to pay toward the settlement of the condemnation action, File No. CX -86-99860, the sum of $250,,000.00 upon entry of the Order herein, which sum Eagan shall assess against certain parcels within Town Centre 70 and Town Centre 100 Additions on a formula agreed upon between the City of Eagan, Eagan Heights and Eagan Tower, based upon the number of square feet of assessable land within said parcels'; Federal Land Company, Eagan Heights and Eagan Tower shall waive the right to object to said assessments or to appeal from the levy of such assessments; it i;s further understood that. Federal Land, Company, Eagan Heights and Eagan Tower will hold- the City harmless from any and all claims brought by any parties, including owners, within Town Centre 70 and Town Centre 100 who may object to the levy of such special assessments for the purpose described in this paragraph and Federal Land Company, Eagan Heights and Eagan Tower will pay any and all expenses incurred by the City in defending such claims or actions, including administrative fees, attorneys fees, and all other costs incurred by the City; said assessments shall, be levied over a period of 5 years with interest on the unpaid assessments, payable at the rate of 10 1/28 per annum, which interest shall Commence on May 16, 1989, which assessments shall be levied written thirty days of entry of the Order contemplated herein, or as soon as practical thereafter. in the event that any property within Town Centre 70 or Town Centre 100 shall be relieved of or exempt from such assessments,, then the remaining assessable land within said subdivisions shall be assessed for the balance of such assessments. MAY 12 189 15:55 TO CITY OF EAGAN FROM HAUGE,EIDE.KELLER,,PA T-474 P.07 13. it is further understood that the action entitled Eagan Heights, et al vs. City of Eagan, File No. C7-88-105886, shall be dismissed with prejudice, and each party shall pay its own attorney's fees and costs; further, each party shall mutually release the other from any and all claims that it may have in respect to the zoning and land use approval given by the City to the O'Neils, pursuant to the action of the Eagan City Council on May 3,, 1988 and the Order entered by Judge Jack Mitchell, dated May 4, 1988, and the parties further agree not to contest the action taken to amend the zoning and land use of the O'Neil property pursuant to said Order of May 4, 1.988'. 14. The p'Nells agree to accept and the City agrees to pay the sum of $500,000.00 to the O'Neils,for the settlement and dismissal of the condemnation •action entitled Eagan vs. Robert J. O'Neil, et al, Count File No.. CX -86-99860 (C6-'86-1023'75'), including all appeals, mo,tio.ns and other proceedings that have been brought in respect to said dondemnat#on action., $498,0.00 of which has previously been paid by the City to the O'Neils and an additional, $2,000 shall be paid in full within 30 days a-fter the entry of the Order contemplated herein.. It Ls further understood that each party shall mutually release the other from ,any and all claims that they m'a;y have in respect to said condemnation action and any and all other claims or causes of action as the result of the zoning and land use revisions that have been approved by the City to the date of the Order provided herein, to the O'Neil property at Lexington and, Yankee Doodle Road in Eagan., MAY 12 1e9. 15:56 TO CITY OF EAGP" FROM H�.'EI,DE.KELLERoPA 7-474 P,..Oe CONCLUSIONS OF LAW 1. Based upon the entire record of proceedings, all pleadings previously filed herein, and the testimony in open court, the Court has concluded that there is a rational and reason'abl'e bas'' -is -to support the terms of the Settlement Agreement entered into in open Court on May 3, 1989 relating to the actions described in the caption, including all motions and appeals brought thereunder. 2. This Court deems it is in the best interest of the parties in order to settle the various claims and disputes involving such actions, and in order to allow the development of the property affected by the settlement of such disputes to be developed in a reasonable manner, that such actions be settled and dismissed. ORDER FOR JUDGMENT 1. The terms and conditions that were dictated into the record before this Court obi May 3, 1989 in respect to the actions sited in the captions above, are hereby incorporated into this order and all claims and actions are hereby settled and dismissed upon final approval and action by the Eagan City Council and submission to this Court of a certified copy of a Resolution of the Eagan City Council, approving the terms of said Agreement and the terms of these Findings of Fact, Conclusions of Law, and Order for Judgment. 2. It is understood that each of the parties shall be responsible for their own costs and expenses including legal fees. 3. It is finally understood that the, terms and conditions of MAY 12 '69 15:57 TO CITY OF'EAGAN FROM HRUGE,EI,DE,KELLER,PP T-474 P.09 the Ag-reement of the parties entered into the Court's record on May 3, 1989 shall be enforceable in a Court of law and this Order shall supersede the provisions of any ag,reememts to the ex -tent that they are imconsistent with this Order. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated.. BY THE COURT Judge of Distrlct Court 6fi� THE RESOLUTION FOR THIS ITEM WAS NOT AVAILABLE ON FRIDAY. IT WILL BR DISTRIBUTED AT THE MEETING ON MONDAY. Agenda Information Memo May 15, 1989 City Council Meeting TRAILWAY MODIFICATION/LEXINGTON POINTE PARKWAY AND DANIEL DRIVE E. Consideration of Modification of Trailway Along Lexington Pointe Parkway and Daniel Drive --At the April 18 City Council meeting, residents appeared who reside on Lexington Pointe Parkway and Daniel Drive objecting to the location of a trailway that was approved for that subdivision as a result of the final plat development agreement. A request was made by the neighbors that the trail be located to the opposite side of the street, suggesting a safer and more ascetically acceptable alignment. Direction was given to the City staff to evaluate and prepare a trailway modification and present the same at the May 15, 1989 regular City Council meeting. Enclosed on pages- through is a copy of information prepared by the. Director of Parks and Recreation regarding the trailway modification. ACTION TO HE CONSIDERED ON THIS ITEM: To 'approve or deny the trailway modification for Lexington Pointe Parkway and Daniel Drive. 61 MEMORANDUM TO: CITY COUNCIL FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION STEPHEN SULLIVAN, LANDSCAPE ARCHITECT/PARKS PLANNER DATE: MAY 12, 1989 RE: PUBLIC REQUEST FOR DANIEL TRAIL REALIGNMENT BACKGROUND Northview Meadows Addition was final platted in February of 1987. The parcel to the west, now platted as Lexington Pointe Addition, was zoned CSC (Commercial Shopping Center) and intended for commercial type land use. Tri -land Development acquired and requested a zoning change to R-1. The location of the rezoning is from the Northview Meadows subdivision west to the powerline corridor. City staff re-evaluated the pedestrian transportation needs with this zoning and platting application. The alignment of Daniel Drive/Lexington Point Parkway provides safe and contiguous pedestrian linkage to trailways along both Diffley Road and Lexington Avenue. Linkage to the country road trailways provides connections to Northview Elementary School, Eagan High School, the adjacent commercial area and numerous parklands. Also, spur trails originated at the Daniel Drive/Lexington Pointe Parkway connect to the Highline Corridor and Trapp Farm Park. The Advisory Park & Recreation Commission recommendations for Lexington Point 1st/2nd Addition are as follows: On a motion by Kubik, seconded by Sames, with all members voting in favor, the Advisory Commission has recommended to the City Council that: (1) the developer dedicate the southeast parcel to the City for parks and recreation purposes; (2) the City grant a variance to the lots in the northeast next to the plat from a 30' to a 20' setback requirement in an effort to save the oak trees; (3) the developer grade a trail along the north/south NSP power line, south of the east/west road, noted as Lexington Parkway; (4) a trail or sidewalk along the north side of Lexington Parkway be provided; (5) a trailway on Daniel Drive be provided from Diffley to Lexington Parkway; (6) if possible, a 50' right-of-way along the southernmost road be provided in an effort to minimize impact to the trees. (SEE FIGURE #1) 0 DANIEL TRAIL REALIGNMENT PAGE TWO MAY 12, 1989 ISSUE A request has been submitted to the City by residents within the Lexington Pointe subdivision to realign the Daniel Drive Trail within the easterly boulevard adjacent to the Northview Meadows subdivision. The petitioners cite that the realignment is safer due to less road/driveway crossing, provides less visual consequence to the neighborhood, and that the trail location was not disclosed prior to the purchasing of their lot. The City Council will need to determine whether it is appropriate to amend the Lexington Pointe Addition Developer's Agreement realigning the trail within the easterly boulevard of Daniel Drive. ANALYSIS TRAIL ALONG WEST SIDE OF DANIEL The current obligation for the trail placement along the west side of Daniel Drive has been reviewed by staff on two occasions, brought before the Advisory Parks & Recreation Commission and City Council twice. The Advisory Parks & Recreation Commission at the time of development application, and later at the request of the residents, reviewed the pending alignment and found it to be appropriate. The Advisory Parks & Recreation Commission found that the trail alignment was safe and efficient. They also felt that the Northview Meadows residents purchased their homes with no obligation for a trail placed adjacent to their lots. The Lexington Point Addition residents cite that they were not appraised of the pending trail alignment. Several residents state that they would not have purchas6d their homes if they had been aware of the trail. It is unfortunate that Eagan residents are purchasing lots from builders/developers that are not providing pertinent information although this information is available at the Eagan Municipal Center. The residents were also concerned regarding the safety of the trail location due to the number of driveway and street crossings. The proposed sidewalk on the west side of Daniel Drive and north of Lexington Pointe Parkway would cross thirty-two (32) lots of which, 26 is within the front yard crossing a driveway and 6 side yard lots. This alignment has three (3) street crossings. The alignment places a 5' wide sidewalk 1' inside the public right-of-way, leaving a 12.5' boulevard to back of curb for snow storage. DANIEL DRIVE REALIGNMENT PAGE THREE MAY 12, 1989 2. TRAIL ALONG EAST SIDE OF DANIEL DRIVE A topographic survey was taken by Tri -land Development to determine whether there were any encumbrances for trail placement along the east side of Daniel Drive. It appears that a sidewalk could be installed within the easterly boulevard with no layout problems. The revised alignment would place the sidewalk adjacent to property owners who purchase their homes without this facility. The easterly alignment influences thirty (30) lots of which 13 are front yards crossing driveways, 12 side yards and 5 back yards. The sidewalk would incur three (3) road crossings. The sidewalk could be placed on either side of Daniel Drive. Both alignments provide efficient and effective pedestrian transportation. In regard to safety, the easterly alignment crosses 13 driveways, one-half of the number of the westerly alignment. Staff's review finds that driveway crossings are typical for residential based trail corridors. Sidewalks along Beaver Dam Road, Berry Patch Road and Covington Lane are equivalent examples. Staff does concur that isolation of vehicular circulation from pedestrians does provide a safer user environment. The question arises whether it is appropriate to place a sidewalk along the property of residents who purchased their lots without a trail consideration. The Developer is legally bound according to the Lexington Pointe Developers Agreement to place a sidewalk on the west side of Daniel Drive within the boulevard. The trail location is placed within public property. The misrepresentation or lack of information to the residents regarding the sidewalk is certainly unfortunate, but has always been available from the City. Engineering Department standards for minimum boulevard width between the back of the curb and edge of the sidewalk is eight (8) feet. This provides a minimum area for a safety zone and snow storage. Staff evaluation indicates that the 5' wide concrete sidewalk could be shifted approximately 3.5' to this 8' minimum width. The Engineering Department is completing plans for the extension of Daniel Drive to County Road 30, consequently a decision on the trail and its location will be needed in order that the plans and construction documents can be finished DANIEL DRIVE REALIGNMENT PAGE FOUR' MAY 12, 1989 FOR CITY COUNCIL ACTION 1. To amend the Lexington Pointe Addition Developers, Agreement placing the sidewalk on the east side of Daniel Drive. 2. To maintain the current Lexington Pointe Addition Developers Agreement keeping -the sidewalk on the west side of Daniel Drive. 3,. To shift the s,ide_wal'k approximately 3' to provide an 8' boulevard' width from back.of zurb to edge of the pathway.., N. E. 1/4 SEC.26, T27, R23��� SV-. SE'1 23.72: R23 1 s • • • • • • �al�C%L�XIhI�Tot�l �Ir.�1� 1 ��>4cY� ��► FIGURE 1 Agenda Information Memo , May 15, 1989 City Council Meeting STREET NAME CHANGE A. Request for Street Name Change/James Street to Four Seasons Drive --Burnsville Lumber Company Inc., is requesting a street name change for James Street to Four Seasons Drive. This street is located within the Whispering Woods 4th Addition and the reason for the change as requested by the developer is to make Four Seasons Drive terminate at a reasonable location. James Street is running throughout Whispering Woods leaving three separate streets .as James Street within a short distance off of ,Slater Road which causes confusion for the general public. The Department of Community Development has reviewed the request and for a copy of their report and attached map, refer to pages through -a_. ACTION TO HE CONSIDERED ON THIS ITEM: To approve or deny the street name change of James Street to Four Seasons Drive. MEMO TO: TOM HEDGES FROM: STEVE HANSON, ASSISTANT BUILDING OFFICIAL DATE: MAY 9, 1989 SUBJECT: STREET NAME CHANGE WHISPERING WOODS 4TH ADDITION 6 OAR CLIFF 4TH ADDITION The City has received an application from Scott Hilla of Burnsville Lumber, the developer of the Whispering Woods Additions, requesting a street name change for a portion of James Street within the Oak Cliff 4th Addition. Changing the name to Four Seasons Drive would be consistent with the Whispering Woods Additions that are being developed to the south. Currently, there is one single-family home that would be affected by this change. The property owners, Peter and Pamela Berry, have agreed to.this request and a letter of support is attached. Both the Community Development and Engineering departments have reviewed this application and feel that the request provides a better street -naming layout. Individual site plans showing this change have been colored for the Council and are also attached. l Assistant Building Official Attachments SH/JS/mg rA March 16, 1989 City of Eagan 3830 Pilot Knob Road Eagan , Mn. 55122 Dear City of Fagan : Peter and Pamela Berry agree to having there house number from 2269 James. Street to adjoin with Whispering Woods 4th Addition. Making James Street terminate at junction of White Oak Ct. and Four Seasons Drive. Therefor our New Address Would Be 2269 Four Seasons Drive. Sinc ely , twCer and PAmela Berry 2269 James Street Eagan , Mn. 55122 894-6061 PB: DJH:mlw CITY OF EAGAN STREET NAME CHANGE NAME Burnsville Lumber Compnay ,Inc. ADDRESS 14405 Judicial Road (PLEASE PRINT) CITY Burnsville , Mn. STATE Mn. ziP55337 TELEPHONE 0 435-7787 NAME OF PLATWhipering Woods 4th. Addition PRESENT STEET NAME James Street PROPOSED STREET NAME Four Seasons Drive SEASON FOR NAME CHANGE To make Four Seasons Dr'. termiate at a reasonable Location. James Street having to run thou out Whipering woods would leive 3 James St. with in a -short distance all on Slater Road.making it very confusing. PLEASE ATTACH LISTING OF PROPERTY OWNERS AFFECTED. UPON APPROVAL, THE APPLICANT WILL BE RESPONSIBLE FOR ALL FEES ACCRUED IN THE STREET NAME CHANGE. 1 9 OF SIGNS AT $ 100.00 /SIGN c $ 100.00 (TO BE DETERMINED BY CITY STREETS SUPERINTENDENT) LA'�Ywj" SIGNATURE OF APPLICANT May �, 1989 DATE SUBSCRIBED AND SWORN TO THIS 3 DAY OF May 19 89 MY COMMISSION EXPIRES S-31 -91 ��AAA,AA�SAAAAA�► ..++ TFRRY A N�WI ,3,.; NOTARY•Y�g M,MYESOTA �� I4.ti MY C06lMtaVlJh ,irk$ &31.91 -- I o� PVtNOTARY PUBLIC FOR CITY USE ONLY ENGINEERING DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT CITYCOUNCILDATE 3^/� FEE RECEIPT D DATE I s•\ J _ T • (� \ I 1 1 1 I 1 • rA 1 'r• o.ee I r 1 \ r _ \' 'r N59'j P- 81 1 e ol0 11 1, � 1 1 YV- ■ 1 �•$1� W 101 �Qltl I • 1 1 :,� i % I;1 pll Ip -1 19 rr % "�..i;': ���� - _ '- '\:;vr•1 ./.'.•'ice\ : :'�;;T�'�- .l I IN i.: ..1 �''-..�';:i� - '=:.V �.:� �••: � � �.' _ ,��j _� 1. 'BVI l �. ` ... .. ••� v.��:�'•'-�: �i .. ..... ej :%•:�. ._, ., ..: ; ; Viz: �---��::= i1 �• �: ;:..... :"::. c ,� to ru 1 SLATERS Romt Agenda Information Memo May 15, 1989, City Council Meeting EAGAN CENTER 2ND ADDITION/PLAT EXTENSION B: Extension of Preliminary Plat Approval for Eagan Center 2nd Addition --At the May 16, 1988, City Council meeting, Mark Ravich of the Lexington Center Phase 2 Company requested a one-year extension of the preliminary plat for the Eagan Center 2nd Addition. The extension was approved. Because the underlying reasons for their request last year have not changed, Mr. Ravich is requesting an additonabone year extension.. A copy of their request is enclosed on page__,&O . A copy of the. minutes from the M y 16, 1988, City Council meeting are also enclosed on page The Engineering and Planning Divisions are not requesting any change in the conditions of approval. ACTION TO HE CONSIDERED ON THIS ITEM: To approve or deny an additional one-year extension to the preliminary plat approval for Eagan Center 2nd Addition. LEXINGTON CENTER PHASE 2COMPANY. 1660 South Highway 100 530W Parkdale Plaza Minneapolis, MN 55416 542-8827 May 1, 1989 Mr. Jim Sturm City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 RE: Preliminary Plat Eagan Center 2nd Addition Eagan, Minnesota Dear Jim: On June 16, 1987 the City Council approved our application for the above referred to preliminary plat and on May 16,. 1988 the City Council approved our request for a one (1) year extension. Our current development plans for the site are to still postpone its development to time the opening of the project closer to the opening of the new schools being built. Since the high school has now been postponed for another year, T would like to request an additional ,one (1) year extension to our current preliminary plat approval. Please let me know if there is anything more specific I need to do to request this. Best regards, Lexington Center Phase 2 Company Mark Ravich Partner MR: 1s kE Page 9/COUNCIL MINUTES May 16, 1988 Motion by Egan, seconded by McCrea..t . 0 approve the request for Cub and Target.;;i:; ;However, :t -U overall plan for the Cliff Lake Centre Aad :tiontv.'�411ow additional City Council. All voted in KNOX LUMBER/EAGANDALE CENTER INDUSTRIAL PARK 10TH ADDITION PERMIT No appearance by Knox Gustafson to continue the pylon sign was continued review by the by Egan, seconded by d yes. Tom Colbert stated Cedar Cliff Commercial Park 4th Addition is requei.i"2";'n'.g'':''.th6..:.;�t';�:iu,ance of a footing and foundation permit within the subdivision prior to the final plat approval. The City does not have the financial security in hand which is a requirement for the final plat approval. Ray Williams stated there is a letter of credit for $47,000.00 and a $30,000.00 bond. Motion by Gustafson, to approve the issuance of a footings and foundation p#rmit ior-to final plat approval for the Cedar Cliff Commercial Park�:Ath:,:A;"Ition, on the condition the t f developer provides appropri4 pancial guarantees. All voted in favor. The City Administrator stated Rocky Rococo Pizza is requesting a manager's license for the pt;.rpose..qf selling wine and beer. He stated City ordinance regul�Pt".i' ? type of licensing. Motion by Egan, seconded by Wi�chter::::to approve a manager's license for the purpose of sell nd beer at 2130 Cliff Road. All voted affirmatively. The May6r":inst . t . acted the City Administrator to put future similar licenses on the Co'A'"s'ent Agenda. The City Planner stated, the City has received a letter from Mark Ravich of Lexington Center Phase IV�tompany requesting an extension of one (1) year for a preliminary plat entitled Eagan Center 2nd Addition. Motion by Wachter, secanded by Egal.k:::to approve a one—year extension to the current piialminary jpXft:of Eagan Center 2nd Addition as presented. All Agenda Information Memo May 15, 1989 City Council Meeting COMP GUIDE AMENDMENT, REZONING, PRELIMINARY PLAT CONDITIONAL USE PERMIT, PHILLIPS 66 IST ADDITION C. Comprehensive Guide Plan Amendment for Phillips 66 1st Addition/Phillips 66 Company Changing Land Designation from LB to GB, Rezoning of 1.16 Ag to a PD, GB District, a Preliminary Plat Consisting of One Lot and a Conditional Use Permit for a Motor Fuel Station with a Car Wash and Pylon Sign --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on April 25, 1989 to consider a comprehensive guide plan amendment changing the land use designation from LB to GB, a rezoning of 1.16 Ag acres to a PD, GB district, a preliminary plat consisting, of one lot and'a conditional use permit for a motor fuel station with a car wash and pylon sign. After numerous motions, reconsiderations, and new motions, the comprehensive guide plan amendment and all other actions were recommended for approval by the City Council. For a copy of the staff report which includes the original report dated_March 20 and an updated report dated April 20, refer to pages Z For a copy of theAdvisory Plan1 i g Commission action on this item, refer to pages _(LO through a\J• ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny) a comprehensive guide plan amendment from LB to GB, 2) a rezoning of 1.16 Ag acres to a PD, GB district, 3) a preliminary plat consisting of one lot, 4) a conditional use permit for a motor fuel station with a car,wash and 5) a pylon sign. MEMO_ TO: CHAIRMAN TIM PAWLENTY ALL MEMBERS OF THE ADVISORY PLANNING COMMISSION FROM: JIM STDRM, CITY PLANNER DATE': APRIL 20, 1989 SUBJECT: PHILLIPS 66 ADDITION At the March 28 Advisory Planning Commission meeting, this item was continued at the developer's request, after a rather lengthy hearing, in order that issues regarding access, the adjacent property to the west, and the building material selection could be discussed in more detail with City staff. As a result, a revised plan has been submitted that rotates the layout, placing the free- standing car wash on the north end of the site. All building and parking setbacks and the lot coverage ratio of 19% meet Code requirements. One single ingress/egress is now proposed. It will work well with the area to the south; however, both mayneed to shift slightly so that they align with each other. This could be accomplished in the technical plat stage Of development. The triangular parcel to the west could be developed but would have to be small in order to meet all Code setback requirements. An exhibit has been attached that demonstrates both building and parking setbacks. The final issue has to do with exterior building material selection. The applicant is proposing a stone -face finish but it has been suggested that brick compatible in color to the medical center may be a more appropriate choice. Both would be acceptable materials in the City Code. A revised landscape plan is being prepared by the same landscape architectural firm that did the previous submission. That submission was very well done and it is anticipated that there will be no problems with the Those plans also will be reviewed at the technical compliance with City landscape policy requirements. City Planner JS/mg Attachment revised plan. plat stage for MEMO TO: JIM STURM, CITY PLANNER FROM: MICHAEL P FOERTSCH, ASSISTANT CITY ENGINEER DATE: APRIL 200 1989 SUBJECT: PHILLIP'S 66 ADDITION At the March 28, 1989, Advisory Planning Commission meeting on the above -referenced item, .members of the Commission requested City staff to review the proposed site access in further detail. The City's traffic engineer has reviewed the revised site plan dated April 13, 1989, which shows a singular access point to Duckwood Drive. The initial site plan included in the March 28 staff report to the Advisory Planning Commission showed two access points to this site, an ingress only point on the easterly side of the site and an ingress/egress point at the westerly side of the site. The proposed Phillip's 66 site is estimated to generate approximately 1,800 total trips on an average work day. Of this total, approximately 49% of the total trips would already be on the area roadways. The proposed site would generate approximately 928 new trips on adjacent roadways. Of the projected 1,800 total trips on the average workday, approximately 100 total trips would occur in the a.m. peak hour and approximately 120 total trips would occur in the p.m. peak hour. Since nearly half of the total trips are already on the adjacent roadways, it is anticipated that the newly generated number of trips can be adequately handled by the existing roadway system. However, future development in the area will necessitate the installation of a traffic signal at the Duckwood Drive/Pilot Knob Road intersection. The present County 5 -year Capital Improvement Program does not identify the installation of traffic signals before 1993. J No access to Pilot Knob Road is shown and none should -be considered. The close spacing of the intersection of the off -ramp from I -35E and Duckwood Drive along Pilot Knob Road and heavy turning movements at Duckwood Drive would make any access from Pilot Knob Road somewhat hazardous. The proposed access is 35' in width with a 25' radius. The proposed access width and 25' radius are adequate for truck traffic. The proposed driveway location is adequate distance from Pilot Knob Road and should not interfere with the operation of the Pilot Knob Road intersection. With further development south of Duckwood Drive and in the Town Centre area, it is possible that some traffic delays on Duckwood Drive will back past the service station entrance dependent upon traffic control at the Pilot Knob Road intersection. Circulation through the site generally appears to be adequate. The applicant may want to take another look at the traffic leaving the car wash area because the tightness of the radius on the proposed 11 curbing may create some maneuvering difficulties. This can be alleviated by widening the roadway around the curve by making the curb closer to the trash enclosure. The gas tanks have been located so that tanker trucks may enter this site, fill the tanks and leave the site in a relatively easy maneuver. While filling the tanks, the trucks can be out of the normal circulation pattern,.. However, trucks may experience difficulty in maneuvering through the site during heavy hours of use. In reviewing the conditions listed in the March 20, 1989, staff report, it appears that Condition #10, which reads "the proposed easterly ingress only entrance is required to be a maximum of 18' wide, the ,proposed westerly ingress/egress a maximum of 30' wide., and both entrances to have a minimum 25' curb return radii", can be eliminated. All other items in the March 20 staff report are accurate as stated. Assistant City Engineer MPF/jj PHILLIPS 66 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, Cl, C2, C4, D1, E1, F1., and G1. 2. The well and septic system shall be abandoned to WPC -4'0 and City standards. 3. No outside displays or sales shall be permitted. 4. All signage shall be subject to the City's one-time, sign fee of $2.50 per square foot and no,fabric-type signage shall be allowed on a permanent basis. 5.. The pylon sign shall not exceed 27 feet in height,, with a maximum signage area of 125 square feet per side. Berming shall be provided along Pilot Knob Road and Duckwood Drive and all landscaped areas shall be irrigated. 6. Flagpoles shall not exceed 27 feet in height.. 7. All rooftop mechanical equipment shall not be visible from the public streets. 8. A 40 -foot path right-of-way is required for Duckwood Drive. The opening width and curb radius dimension shall be determined with the technical plat submission and approved by City staff. STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its add-itional 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. Easements and Rights -of -Way 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. 91 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. Thi,s 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. J Advisory Planning Commission City Council Approved,: August 25,, 1987 September 15, 1987 Revised: LTA#2 STANDARD z- �.aa - . va. =e aas as¢ e = aavaaa= as ansaa=s ca= = a m a. aav va ------------------------------------------------------------ PLOT KNOB R0. R'.SAIL 8Y a -----mac- ---------------- - _-._-------_f ---- - I 1 1 i 1 1 1 1 1 CITY OF EAGAN SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLAT, CONDITIONAL USE PERMIT (PHILLIPS 66 ADDITION) APPLICANT: PHILLIPS 66 COMPANY LOCATION: NE 1/4 SECTION 16 EXISTING ZONING: AGRICULTURAL DATE OF PUBLIC HEARING: MARCH 28, 1989 DATE OF REPORT: MARCH 20, 1989 COMPILED BY: OF COMMUNITY APPLICATION SUMMARY: Separate applications have been submitted requesting a Rezoning of 1.2 Ag (Agricultural) acres to a GB (General Business) district, a Preliminary Plat and a Conditional Use Permit to allow motor fuel sales located in the triangular parcel between I -35E and Pilot Knob Road, along the north side of Duckwood Drive.. The Conditional Use Permit will include a pylon sign. COMPREHENSIVE PLAN: The project site is designated for LB (Limited Business) use in the Comprehensive Land Use Guide Plan. The proposed motor fuel station/car wash is most consistent with the GB (General Business) designation and, as such, would require a Comprehensive Plan amendment to change the land use designation to GB. A GB designation would generally be compatible with adjacent CSC (Community Shopping Center) uses to the east. However, adequate buffering of the project site is necessary to provide appropriate transitions between the GB uses and adjacent LB uses to the south. The adjacent property to the south was zoned to allow commercial uses within the Pond View Planned Development.. EXISTING CONDITIONS/SITE PLAN: Currently, there is a single family home on this site. The applicant was unable to purchase the smaller triangular parcel immediately to the west that has direct frontage along I -35E. With any development on this site, the well and septic systems must be abandoned to City specifications. The site is situated above both Pilot Knob Road and I -35E. Some existing hardwood deciduous trees could be transplanted on/off site. The convenience/cashiers building contains 1,405 sq. ft.; the car wash contains 1,556 sq. ft., along with a canopy containing 7,467 sq. ft.., total lot coverage is 20% in a 35$.district. lb All building and parking setbacks meet Code requirements with the exception of the car wash along the western property line. It is shown at 5' and 10' is required. The car wash containing a blow dryer is situated in a north/south manner with the exit on the southern side. This is the desired position, especially in winter months when freeze/thaw problems can occur. Six gasoline pump islands are proposed and adequate parking has been provided. Both buildings will have a rock-faced finish, black canopies, accented by red stripes and lettering. The pylon sign has not been designed, however, Code will allow a maximum height of 27' and 125 sq. ft. of signage per side. All canopy signage will be limited to 20% of the canopy facade. A landscape plan was prepared by a landscape architect familiar with Eagan's landscape requirements with concerns about the freeway corridor image as well as street scape appeal. It is well done and will not need to be revised for further submissions. PARK ISSUES: The proposal shall be subject to a cash parkland dedication. A 6' concrete sidewalk shall be placed along Duckwood Drive with an 8' bituminous trail along Pilot Knob Road.. GRADING/DRAINAGE/EROSION CONTROL: The preliminary grading plan submitted as a part of this application identifies cut areas of 2' to 8' over the majority of the site. This will allow the site to be at the same elevation as the surrounding streets to the east and south. The grading plan also proposes to construct berming along Pilot Knob Road and along the north side of the site. The development proposes to intercept the site generated runoff from the north half of the site by an internal storm sewer system that will convey the runoff to the existing storm sewer on Pilot Knob Road. The south half of the site is proposed to drain across the parking lot to the existing storm sewer utility on Duckwood Drive. Both existing storm sewers are adequately sized to Accommodate site generated storm water runoff. UTILITIES: Sanitary sewer of sufficient depth and capacity to serve this site is readily available from an existing 8" sanitary sewer 60'' west of the site. A manhole shall be added on the site over the sanitary sewer to facilitate cleaning of the line from the car wash. Water main service of sufficient capacity and pressure is readily available from Duckwood Drive and Pilot Knob Road. The development proposes to take its water main service from an existing hydrant lead on Duckwood Drive. The developer will be responsible for capping and abandoning any existing wells on the site in accordance with Minnesota Department of Health requirements. STREETS/ACCESS/CIRCULATION: According to the revised site plan as submitted, access to this site is proposedto be taken from two entrance driveways off Duckwood Drive. The proposed 25' wide ingress only driveway is required to be limited to a maximum of 18' wide. The proposed westerly ingress/egress 35' wide driveway should be limited to a maximum of 30' wide. Both driveway openings shall have 25' curb return radii. EASEMENTS/RIGHT-OF-WAY/PERMITS: Appropriate easements'are required for all public utilities installed outside of the public right-of- way. As shown on the preliminary plat, 75' of half right-of-way has already been obtained for Pilot Knob Road. An additional 10' of right-of-way is requested along Duckwood Drive to provide a 40' half right-of-way. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. The construction of the proposed 12" storm sewer line from the site to the existing storm sewer line on Pilot Knob Road will require a MnDOT permit and a Dakota County Highway Department permit. FINANCIAL OBLIGATIONS: Based upon a study of the financial obligations collected in the past and the uses proposed for the q 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. PROJ / DESCRIPTION RATE OTY ANT 538 Water Availability Charge 2115/A 1.16 A $2,453 514 Lateral Ben. Wtr. Trnk. 8.95/FF 172 FF 1,539 24 Lateral Ben. Wtr. Trnk. 22.70/FF 140.26 FF 3,,184 297R Storm Sewer Trunk .056/SF 24242 SF 1,358 297R Storm Sewer Trunk Upgrade .027/SF 50477 SF 1,363 466 Storm Sewer Lateral 18.95/FF 290.26 FF 5,500 466 Trail 8.10/FF 462 FF 3,,742 466 Street 90.35/FF 215.26 FF 19,449 514 Street Duckwood Dr 50.35/FF 172 FF 8,660 TOTAL $47,248 q3 PHILLIPS 66 ADDITION CONDITIONS: 1. These standard conditions of plat approval as adopted by, Council action on September 15, 1987 shall be complied with: Al, Bl, 132, B3, Cl, C2, C4, Dl, E1, Fl, and G1. 2. The well and septic system shall be abandoned to WPC -40 and City standards. 3. No outside displays or sales shall be permitted. 4. All signage shall be subject to the City's one-time sigh fee of $2.50 per sq. ft, and no fabric type signage shall be allowed on a permanent basis. 5. The pylon sign shall not exceed 27' in height, with a maximum signage area of 125 sq:. ft. per side. 6. The parking stalls on the north side of the parking lot shall be 10' wide. 7. The car wash shall be moved 5' to the east. B. The landscape plan prepared by David Kirscht Assoc. dated 3/13/89 shall be submitted as the final landscape plan. Irrigation shall be required. 9. Flag poles shall not exceed 27' in height. 10. The proposed easterly ingress only entrance is required to be a maximum of 18' wide, the proposed westerly ingress/egress entrance a maximum of 30' wide and both entrances to have a minimum 25' curb return radii. 11. A 4^0' half right-of-way is required for DuckwoodDrive. �a A. S 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. Easements 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 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 datep 96 t 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 perm -its 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 PHILLIPS 66 FIRST ADDITION STREET MAP ZONING MAP COMP PLAN MAP �-n 1 q1 1 1 1 1 1 1 PRELIMINARY PLAT OF PHILLIPS 66 1ST ADDITION -0 PLOT KNOB RD (C.SAN. 90 �8--------- - - -_ _ _ __ --- OMER amm W. �{ Yan ssrq" 'JSe]NLOT IMW.IOI. I mrr W e nnisw t a Tiaos �ryf II e I 1 �R II I o 5_ ,. (nel-ee,-eeoo E 9 1 6 II II' osPHEL� h II ® L--rI p k fN!-�• IIS o�ioxs.W.uirtaiW -(i- I I 0 MWWw .w swT e •II' I LOT 1 I I `1. ;. (qq^� I I Z {mx)-sw-za f BLOCK 1 L-_� I c IJu'^i syy�� I a 9l41ml� \ I I 50,477:19 S.F. 1- I j C I C I (1.16 ACRES) i s II I g wx "69 BMOC 9 I a h I Iii. 1 II 1WMG .Dnantwiu A \ ON0o0'3D W-aNMLL mss ..,,, s mosTo i G� .�-•• Lm., sa..nae sr. {2e •.) (I rto.r. e,me.el s, (oma, AC.) �7 G (1 emnaa xo.w. t.Toa.e. sr. (nw ec) Sok IF. hu=a) 1 `off ,g JJ ea��vvn�s vv�nawve®w\ 'I�\\ �r� ntis• `...�rw �.�"•: �Yr MIR![Ilm IIBEWA GO�PANY- 0_I tee..—:_..��.�e•.,.�... k�orlixoe.:oucxw e4 - VM DATA LOT AREA —_____—_—_ o PILOT KNOB RD. IC.9A.H. 311 C CANOPY CAR WASH �Y TOTAL BLDG. POOTPIWf LANDSCAPE AREA PROVIDED PARKM REOIISED PROMED ZOMMe EXISTING PROPOSED SOATU By UNA BY. 17% ?AOIL7 SP. " I, S&e OF. Ln SM22-3 SF. T/.1% 10"5 OF 4 SPACES SPACES ABRICOLTUR LL ®-GENERAL BUBSESS 1 iry � sTluvsm var-_�— "T �Ob RIOR PK 1 0 G _____—_—__—_ PILOT KNOB RD. 1C.S.A.H. 311 LLL�l !I ax�molno' � — — . - =fl __, I I� II II II II I I I II I l / I I I I I I I I I I I I I I I I I I I �1 �ORIII i11R_L�:,\IIMIti fa�_i�ll�� IN an LANDSCAPE PLAN �iBB/ .211. PHILLWS !B COMPANY yl f AHI KNOB ♦ DUCKWOOD ... _________________ yr � an�.ns (9Lm9.A911,q..R'.m1111+, PRELIMINARY PLAT OF PHILLIPS 66 1ST -------------- - --____-- ---------- ---==-- i PHOT KNOB RD. fC.S.A3i. 31) ADDITION M i (I uee� m+u �I IenNe«�++e B�pB� � I orrnecu 6e III 3 mum ee 9MIen q� II I ammm e III 9 `� xwTN VM E I i, II I � >on rwaW uxc .ORTN _e9. I g .MxtmrA vwur a9t`cmrs .t III-- 1y1 u9c e09R9.A1 ene mo p I eoa 11e9 III lav)-ego-s+w II I R II I •::rir•:::::::w:•:viT:r •:-•:::.. '>f'– "" '431: 1 v� OosINO apM •. •: JX,:::•:::•::::•: ':::•::::::::: •::: • P11m04G aWw9 W-MN-QNF94 B1.4 A9 • • — 110]1 5 pp]f•L' [ ��• •�••�•� a 1 \Ili V WT t 00..'Il.fl SE lLle AC) Q 0.Q.. 9.19.99 if. (031 AC) s gg l� 7 A001TIpNIL 0.0... t.a09.e Sr. (0.M AC) n-enw sc (1..t Ac) \ t \ \\ r.�n`.�`..�........rr.....�rr�•r_r. nerwnwlaeunasl)m t Y'•+.�–.'. a �.`.:.� Es .�.` `� P1I S !! GQPANY .� �....�. � OT IOIOB . OIA(W 02 5TORm sewEQ-TauoyK — a4) aya S. F tea, PRELIMINARY PLAT OF PHILLIPS 66 1ST a = I PLOT KNOB Im. (C.S-kK 31) "2• ms6xc lw�Mc Aoeannmu •::'ii:'i:•1:: • • • •:: • • _ Y� WO.OYO ImNc W-2 RAL BUeiE65 J> Lm 1 7� ..a J� 9.W9.69 Sr. (021 AC.) --------- �O AMrmAL 0.0.W, 1101.5 SE (ON AC.) elSle.e Sr. MAI Ac,) k du 604 ,�ti 0 \ 'a ADDITION -own,•' / L _ -,�' - 1� =4-3 " =a.= _ _ _ E 4 —y --fir-- a �I I Qmm R. • mlFM F. 00D mm tome Yn. ( n•u, N 1111]I (614-4N-41111 v� � i ot,,tana[n IIII 3 i.�y�s se m xw y) a III V w BAxnswt m 1AOa lI r e III > _ ,. (mm)-eet-eem j; II pp II 6 . u(mlexa r� ld xmlx stw o c viea 3 III xIa "AAMR w xmW po R WIK M e 7 a�:�:Z(e1])-e-Me] 0y aas®oma N I - iw II I B n= I1Nxi501A e1N PALL" 911NCYOII6 Mc }pzY III i NWAL BqI AK0 i l 6 III eLm,fWLLw mn1 i S III (et])-Oo nw 1 O Ili uTi.. .................•...... j•..=;;::)}•i.}�1Yv.;�r •?:;i -: ::::::::: • •• : : • • ms6xc lw�Mc Aoeannmu •::'ii:'i:•1:: • • • •:: • • _ Y� WO.OYO ImNc W-2 RAL BUeiE65 s.,iSl.' L �� �� w� '1\ Lm 1 70.77.10 Sr. (1.16 AQ) ..a 0.0.N 9.W9.69 Sr. (021 AC.) --------- AMrmAL 0.0.W, 1101.5 SE (ON AC.) elSle.e Sr. MAI Ac,) du AmIld !m1 nu aaeuL}uR ec \ IPHLU MTR KWeBBI� .."^',. d,:, �:"' • •�• • ••• • �• �� IPLOT KNOB • ODU(N :`: WATER A�AII.ABIt_1 Cy CHARGC - 1.1:, ACRES A00 STORM Sv-\.Jjr-R Ul"GRAirDS - 11.16 &C.PP-S PRELIMINARY PLAT OF PHILLIPS 66 IST ADDITION 54 N o �lp 1 MEN 40 PILOT KNOB RD. 10-S.AR 31) LOT 1 BLOCK 1, I 50.477.19 S.F: (1.16 ACRES) I / 1 / J,fNe— W.l�� L /�-- i. �A Jeea RL01 I j wiswsx..x nlxx iy� feu}-.a�-sue e II I � w evxnrneu. ox T,ao, e III o ,mO3� k vis 3;- III xaa �1X wa wxtx ft to exl� nl �, s� ��q I I i Z caul-n3-aevx cl ; v 's Y�; I I a SABIUM 1R1 MT" reuxT WrWl'a5 ac A", 1 ele05eexl B .,o eox lieu II.I 9JxxsNLLLw eam v III leu)-evo-T,n s G Ili t nl nl F]mTMc'z wewTwu .— Y— xno?osEc xmRc ®-awwu eu IiW�11 1M1 p.16 k0wSF. O 0.6M. I.Ms S. (e.M AL) ) 31.3345.3 sr. p.0 sy .vs -Fe.�T WATER "TR vu1J K — ams; LATGRRL B6NEF%T WA7-E2-TRLktJK- 140.a(o F.F r _ _ OT Kx10E �011fl(W000 -Fe.�T WATER "TR vu1J K — ams; LATGRRL B6NEF%T WA7-E2-TRLktJK- 140.a(o F.F —' i Sl 1� J� �O k ro 4r+o PRELIMINARY PLAT OF PHILLIPS 66 1ST ADDITION PILOT KNOB W. (C.SJ1H 311 B V9V. �NTV. T�— LOT 1 BLOCK 1 50,477.19 S.F. (1.16 ACRES) E � c III: , A I sola W. a eam] F. axs v+ I 55ea PROT. www W. ( UCIJi. wx win �^ SLI (elx)-se-�ne `. r 3 rwrtie•s ae �tprvAw. e II �, W aAnntsvesi a 7,0)"I qH-2 w =5w ml3 d NwI]O]5 wmew 1Ar¢,wwnl 0vEwwSw; w S 7 ZO (alx)-saa-xsx aftwlwwEWTA VAl3IT. smnoes MC 1.n,+ clwws mA IM1EVAwo �' ,III -0 lXNII �mjw ter. r....rr.F• _ LA-VERA1_ 5—M9M SEWER — A9O.A% 'F -F. oanwaxwiwe eoeannmw — `Y a wrooac toimc i O II IDi t Se.eW.+O S.L (+.le 11(L) glfe.ee SF. (ax+ AL) i Sl 1� J� �O k ro 4r+o PRELIMINARY PLAT OF PHILLIPS 66 1ST ADDITION PILOT KNOB W. (C.SJ1H 311 B V9V. �NTV. T�— LOT 1 BLOCK 1 50,477.19 S.F. (1.16 ACRES) E � c III: , A I sola W. a eam] F. axs v+ I 55ea PROT. www W. ( UCIJi. wx win �^ SLI (elx)-se-�ne `. r 3 rwrtie•s ae �tprvAw. e II �, W aAnntsvesi a 7,0)"I qH-2 w =5w ml3 d NwI]O]5 wmew 1Ar¢,wwnl 0vEwwSw; w S 7 ZO (alx)-saa-xsx aftwlwwEWTA VAl3IT. smnoes MC 1.n,+ clwws mA IM1EVAwo �' ,III -0 lXNII �mjw ter. r....rr.F• _ LA-VERA1_ 5—M9M SEWER — A9O.A% 'F -F. oanwaxwiwe eoeannmw — `Y a wrooac toimc w -anew euseras O II IDi t Se.eW.+O S.L (+.le 11(L) glfe.ee SF. (ax+ AL) O Uo... OdnwLL 0.O.W. t.M-5 SF. (0.W AC.) O]LL al.exa.a SF. (1.41 AC.) 11 o� I' i (�(p66!lM1,6wlwr �llll) PRELIMINARY PLAT OF PHILLIPS 66 1ST ADDITION ---_ - PLOT KNOB RD. (C.SAFi. 30 •' / _=_ -- �= _ .,. ��-- epi skII' I LOT 1 �IF BLOCK I \ I F. (1.16 CR $) ph� I (1.16 ACRES) 6 90 �� 0 J Me�wm.�wew6wwa wwe w�nrwvwm ww 1 \ lbw MwC m. �. DUCK WOOD DR1QC `PILOT 4waz ':Rcu+D +vi n (Al �y I I 6.WOE •. f [6ID1 r., af5 ' , i aam vum is®.rm. LI 6wx. Yx xlu IevNs.-nle �99 I 3 M1nws se cwipmy e III w WnE5.51t a 7Aoe6 = II I � j _ n lo+e)-eel-ae6o sm 1w I 0 gwre SSM) �5 I I @@33 ZO (eu)-nlm, SSe-5662 _ III g YM MTA YAl1LY 961YC1eR5 MC 1111 l c e011s1o14.eWILVARo W ILI eox-ne6 s@ III eu""sMa� W uvr III feu>-eea-mo C Ili Ap $ II FJw�e Vis.. ��rY �...—.. r.�rr.`s --.�• �! V'PGNZADE — 1'7a F.F. uvcpyAOE— a(5. D(o FF_ Df c G Aoeat11m6� �— •'' 1 Y Y G MO!'UYL'zm.0 WT 1 1�A lwA ko.w. \\ lyL CB RN aUA615 5o6Tlo'&F. (l.le I1C) o.1)oe9. Sl. fell AC.) 1.M.5 5!. (a.W AC.) 61.]]66'5.!. (l..' ACJ L w Ap $ II FJw�e Vis.. ��rY �...—.. r.�rr.`s --.�• �! V'PGNZADE — 1'7a F.F. uvcpyAOE— a(5. D(o FF_ O J PRELIMINARY PLAT OF PHILLIPS 66 1ST ADDITION ____—___== _ ♦ PRAT KNOB FID. (C.SAH 31) err — i E 7� J£ \ .0 k �A Lm 1 BLOCK 1 50,477.19 S.F. (1.16 ACRES) 61 wws.a \ \ it / \ I _LSI. I '9, .11010 lb \N� w •, a+a+ uma.exr. mor TRA%L- — L4(Pa FF —fir-- • I I I oLmcr. w. a mID+ r. mass 'ase! wLOT Y+ee.10). rAGW.5 YHx3 i (anHa�ane 3 n m ee mivan e II w e•ii a m 7e aq I j Wx Z (a+aNseP aeet i II I no senrma ~ II B ++eaasou Vu suwc+ars ne +y+ uec nWn+e.L eov m W III eov.++ev. iSF III euxxs"uF_ w ssnx III le+x)-evo-'mo � Ili R II I pr.4eMG =f MNG +WENL11R4 Mooasn xoewo w-ananu eumrtss B �d `dal' 0 n WT + v.ae 1�eod+iau ko.w. sv.m.+v. sr. (+.+e •C) v.aw.ev sr. (o u.) +.M.5 sr. (o.o..c.) si a .e s.r.. (va ec) .�.�...—ten. ��...... ��.�r`...�'.�.... a r 823.5 829.7 �i4 GA EN• in ti a fc;`' CP- 12 �gvs�'1 829.6 BLDG 82.0 2 nA, m CEN eT cP-11 795.0 JP -2 i A_ K ! K 808./ 944.0 LS A� N - W444. 16 BP -1 eq6. 790.3 80/.0 _- �; CITY .� 1 BL NK 27 PARK A 4FZY. � �� I /l K , I • BP -2 L SUBJECT PARCEL FIG * 1 city of BLIC STORM SEWER •1��: Piet:° PUBLIC . WORKS MASTER PLAN DEPARTMENT �` ohm .. wm 1mv.18 _..,:.. 823.5 829.7 �i4 GA EN• in ti a fc;`' CP- 12 �gvs�'1 829.6 BLDG 82.0 2 nA, m CEN eT cP-11 795.0 JP -2 i A_ K ! K 808./ 944.0 LS A� N - W444. 16 BP -1 eq6. 790.3 80/.0 _- �; CITY .� 1 BL NK 27 PARK A 4FZY. � �� I /l K , I • BP -2 L SUBJECT PARCEL FIG * 1 city of BLIC STORM SEWER •1��: Piet:° PUBLIC . WORKS MASTER PLAN DEPARTMENT 80.27195 _ 65.9/76.0 I 77 r ' 8, -10 v — g�cH AN 71 I. z Bt FO% -ARKh113Y4 670/7 .0 s� 910GE 67.5/ 517/�II�— 74.2�, Ti�pr 92. x'/95.0 75:D ..i'14.0 c 6 S$.0/ \;175.9, 74 1� 8 g+ O ~'20° 75 74 Po' ppIJ�,R �I�y [qRR 11 SURREY X20'_._ T- l �'(J 99.5 76 TREAIFwtl�V �I re ' GARDENS " IOB.O 79.8/ PLAdTNT �' J N N �.% Ufa 85.0 SIfTEsN �% H�LGHT114 I A` /�,� / /TN (37 MAA rj7 0 � 91 85.6/ 2 ne �- ' ! 41P 94.0 ROYAIL OAK �CO . CIRCI(E�hO I 0.0/89.0 0" .;9.7/970 imp 265 0 g�Hn nj Pi O 141L L:,9 F3feG.0` B I �4��9 -7 r �p \♦ �� 1 i iraw `::SUBJECT PARCEL FIG # 3 city of eagan WATER"�0"°d' standard DISa PUBLIC WORKS MASTER PLAN DEPARTME \ bc\ MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA APRIL 25,t 1989 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, April 25, 1989, at 7:00 p.m. at the Eagan Municipal Center. Present were Chairman Pawlenty, Members Voracek, Graves, Trygg, Merkley, Miller and Gorman. Also present were Assistant City Engineer Mike Foertsch, Community Development Director Dale Runkle, City Planner Jim Sturm and City Attorney Mike Dougherty. AGENDA Graves moved, Voracek seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES Voracek moved, Merkley seconded, the motion to approve the March 28, 1989, Advisory Planning Commission minutes as presented. All voted in favor. LLIBS =66 .FIEST-DDI'PION/PNILI:IS I6;CgIlpANY Chairman Pawlenty opened the first public hearing for the evening regarding 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 Planned Development, General Business district,ta 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 summarized, the applications for the Commission. Be stated the applicant was requesting a Planned Development with a General Business use. He further stated a single access was proposed. He diagrammed the triangular parcel setback. He informed the Commission that staff suggested a brick exterior. He recommended the addition of a condition stating that the driveway location may be shifted either east or west and resolved prior to final 'plat approval. Jim Phillipe (North Star Engineering - representative for developer) explained the changes in the new proposal which included the landscaping and the building location. He informed the Commission the developer was not objecting to conditions one through nine. There was no public comment. `� ) Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES April 25, 1989 Commissionmember Graves asked for an explanation of Exhibit E. City Planner Jim Sturm stated there were. Planned Development uses to the south of this development. Commissionmember Gorman asked if the Phillips property was included in the Pondview Planned Development. Mr. Sturm replied no, that Exhibit E was presented only for illustrative purposes. Commissionmember Merkley asked if there was a problem regarding brick versus stone. . Arlen Allison (Phillips 66) explained that Phillips 66 -was attempting to set a nation wide image and that stone was its choice. Be pointed out that at Town Center, Hardee's was constructed of brick and the auto center was constructed of block. Be described other uses and the materials and stated that Phillips 66 preferred using stone. Commissionmember Graves stated that he felt there was a need to develop compatible uses for the area and informed the developer that if brick was not used, the project may lose his full support. Be pointed out that the construction was one of the reasons the matter was continued from the previous Advisory Planning Commission meeting. The developer responded that its image was at least as .nice as brick and pointed out that stone was more costly than brick. Chairman Pawlenty asked how close the canopy was to the lot line. City Planner Jim Sturm commented that it met Code. Mr. Pawlenty asked what types of restrictions would be used to draft the Planned Development. City Attorney Mike Dougherty responded that the uses would be limited by agreement with the developer and that some of the uses would be General Business in nature. Commissionmember Voracek had questions regarding proposed condition number eight. Assistant City Engineer Mike Foertsch responded to his concerns. Commissionmembr Gorman asked for Mr. Sturm's opinion on brick. Mr. Sturm responded that applications had been submitted showing brick on uses to the south. Commissionmember,Merkley asked if there were any changes on the adjacent triangular piece. Mr. Phillipe replied that the owner had no concrete plans and that the property was on the market. Mr. Merkley felt that the two pieces should be tied together. Chairman Pawlenty questioned that if the triangular piece developed, would one access be sufficient. Mr. Sturm stated it probably would not be sufficient. Chairman Pawlenty asked the Commission for its feelings regarding more intensive use on the parcel. Commissionmember Trygg was opposed because of the change in use and the freeway visibility. Commissionmember Miller stated that the proposed Planned Development Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES April 25, 1989 gives the City more control and he saw no problem with the proposal. Commissionmember Graves commented that he felt that if the road has five future buildings, all of the exteriors should be the same. Be further stated that Planned Development gives the City control. Chairman Pawlenty remarked that if brick was better, the Commission should add a condition requiring brick. He commented that the Community image supercedes the corporate image. Member Merkley questioned if Exhibit E would be attached as a part of the Planned Development Agreement. Mr. Sturm reported that it was an option. Member Graves declared he felt nothing was more intense than a gas station. Member Merkley asked when the conditions would take effect. Mr. Sturm responded they would take effect at the technical stage. Member Miller stated he did not feel that brick was that much better than stone. Member Graves reported he would like brick added as a condition. Member Merkley commented it would make the area uniform. The developer explained it was entirely independent of the developers across the street from the project, that brick was cheaper and that the developments to the south were pending. There was further discussion of the exteriors of the surrounding uses. Member Trygg asked if the property to the south would require changes also. City Planner Jim Sturm replied it was a possibility. Member Voracek reported he was neutral on the exterior issue but that the Planned Development was his biggest concern. He also had concerns regarding the access issue and stated that both items had been resolved. Mem4er Miller commented that brick may not be workable. The developer reported that it would have to be considered. Graves moved, Voracek seconded, the motion to close the public hearing and approve a Comprehensive Guide Plan amendment changing the land use designation from Limited Business to General Business as requested by Phillips 66 Company. Merkley, Miller, Voracek, Graves and Gorman voted in favor; Pawlenty and Trygg voted against. Graves moved, Voracek seconded, the motion to approve a rezoning of 1.16 Agricultural acres to a Planned Development, General Business district as requested by Phillips 66 Company. Merkley, Gorman, Voracek, Graves and Miller vote in favor; Trygg and Pawlenty voted against. Graves moved, Gorman seconded, the motion to approve 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 as requested by Phillips 66 Company, subject to the following conditions: ll� Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES April 25, 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, C1, C2, C4, D1, E1, F1, and G1. 2. The well and septic system shall be abandoned to WPC -40 and City standards. 3. No outside displays or sales shall be permitted. 4. All signage shall be subject to the City's one-time sign fee of $2.50 per square foot and no fabric -type signage shall be allowed on a permanent basis. 5. The pylon sign shall not exceed 27 feet in height, with a maximum signage area of 125 square feet per side. Berming shall be provided along Pilot Knob Road and Duckwood Drive and all landscaped areas shall be irrigated. 6. Flagpoles shall not exceed 27 feet in height. 7. All rooftop mechanical equipment shall not be visible from the public streets. 8. A 40 -foot path right-of-way is required for Duckwood Drive. The opening width and curb radius dimension shall be determined with the technical plat submission and approved by City staff. 9. The driveway location may be shifted east or west ana resolved prior to final plat approval. 10. The exterior of the building shall be constructed of brick material compatible with the existing medical clinic. Gorman, Graves and Merkley voted in favor; Pawlenty, Trygg, Voracek and Miller voted against. Member Voracek questioned if the approval of this change would bind the City to change the use to the south also. City Attorney Mike Dougherty replied he was not familiar with the Planned Development to the south but that if it were not allowed,•the developer would have to request the change. He reported it would depend on the facts of the situation. Graves moved, Voracek seconded, the motion to reconsider the motion to approve the rezoning of 1.16 Agricultural acres to a Planned Development, General Business district as requested by Phillips 66 Company. All voted in favor. Graves moved, Voracek seconded, the motion to approve the rezoning of 1.16 Agricultural acres to a Planned Development, General Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES April 25, 1989 Business district, subject to development being limited to (1) Limited Business; or (2) Motor Fuel Sales. Gorman, Graves, Merkley and Voracek voted in favor; Miller, Trygg and Pawlenty voted against. Member Voracek explained be had voted against the preliminary plat because of (1) the brick motion; and (2) the precedence of the approval - if the Planned Development to the south did not allow motor fuel sales, the City would be bound to approve it, if it approved this plan. Member Voracek reported he voted incorrectly on the rezoning. Member Gorman agreed and stated he opposed the rezoning. Chairman Pawlenty questioned if Exhibit E allowed motor fuel sales. City Attorney Mike Dougherty replied no. Pawlenty questioned that if motor fuel was requested, did the Advisory Planning Commission review it. Mr. Dougherty responded yes. Member Miller stated he had a problem with the preliminary plat in regards to the brick versus stone condition. He stated if the brick versus stone condition were deleted, be would vote in favor. The developer requested clarification. Member Gorman asked if the Commission could revive the rezoning vote. Member Graves responded yes, that he could move to reconsider. There was discussion regarding the property to the south and the precedent value. Trygg moved, Graves seconded, the motion to approve the 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 as requested by Phillips 66 Company. Miller, Merkley and Graves voted in favor; Pawlenty, Voracek, Trygg and Gorman voted against. Voracek moved, Miller seconded, the motion to reconsider the motion to deny a preliminary plat consisting of one lot, located in the northwest corner of Pilot Knob Road and Duckwood Drive,in the northeast quarter of Section 16 as requested by Phillips 66 Company. All voted in favor._ Graves moved, Miller seconded, the motion to approve a preliminary plat consisting of one lot, located in the northwest corner of Pilot Knob Road and Duckwood Drive in the northeast quarter of Section 16 as requested by Phillips 66 Company, 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, Cl, C2, C4, Dl, El, F1, and G1. 2. The well and septic system shall be abandoned to WPC -40 and City standards. 1�� Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES April 25, 1989 3. No outside displays or sales shall be permitted. 4. All signage shall be subject to the City's one-time sign fee of $2.50 per square foot and no fabric -type signage shall be allowed on a permanent basis. 5. The pylon sign shall not exceed 27 feet in height, with a maximum signage area of 125 square feet per side. Berming shall be provided along Pilot Knob Road and Duckwood Drive and all landscaped areas shall be irrigated. 6. Flagpoles shall not exceed 27 feet in height. 7. All rooftop mechanical equipment shall not be visible from the public streets. 8. A 40 -foot path right-of-way is required for Duckwood Drive. The opening width and curb radius dimension shall be determined with the technical plat submission and approved by City staff. 9. The driveway location may be shifted east or west and resolved prior to final plat approval. Voracek, Miller, Merkley and Graves voted in favor; Pawlenty, Trygg, and Gorman voted against. Member Graves noted the Council should examine the brick versus stone issue. Miller moved, Graves seconded, the motion to approve a conditional use permit for a pylon sign located in the northwest corner of Pilot Kndb Road and Duckwood Drive in the northeast quarter of Section 16, as requested by Phillips 66 Company. Voracek, Miller, Merkley and Graves voted in favor; Txygg, Gorman and Pawlenty voted against. Miller moved, Graves seconded, the motion to approve a conditional use permit for a motor fuel station with a car wash located in the northwest corner of Pilot Knob Road and Duckwood Drive in the northeast quarter of Section 16, as requested by Phillips 66 Company. Voracek, Miller,, Merkley and Graves voted in favor; Trygg, Pawlenty and Gorman voted against. STOREBRIDGE 2ND ADDITION/ONITED MORTGAGE CORPORATION Chairman Pawlenty convened the next public hearing regarding a rezoning of 67.7 Planned Development, Agricultural acres to a Planned Development, Single Family district and a preliminary plat consisting of 121 single family lots located south of Northview Park Road and west of Dodd Road in the southwest quarter of Section 24. Agenda Information Memo May 15, 1989 City,Council Meeting VARIANCE/GRAHAM DEVELOPMENT -CO D. variance, Graham Development Co. for Lot 1, Block 21 Hidden Valley Addition for a 10 Foot variance from the 50 Foot Side Setback Along Pilot Knob Road --A variance application was filed with the City by Graham Development Co. requesting a 10 foot variance from the required 50 foot minimum setback along Pilot Knob Road to alleviate difficult building restrictions at this site. For additional information on the variance request, refer to a report prepared by the Department of Community Development enclosed on pages \k% through _ILg. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 10 foot variance from the 50 foot side setback along Pilot Knob Road. 1lU SUBJECT: VARIANCE APPLICANT: GRAHAM DEVELOPMENT COMPANY LOCATION: LOT 1, BLOCK 21 HIDDEN, VALLEY ADDITION EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: MAY 15, 1989 DATE OF REPORT: MAY 5, 1989 REPORTED BY: COMMUNITY DEVELOPMENT DEPARTMENT' APPLICATION SUMMARY: An application has been submitted requesting a 10' Variance from the requested 50' side setback along Pilot Knob Road (C.S,.A.H• #:31). COMMENTS: Graham Development Company is requesting a 10.' Variance to the required 50' minimum setback along Pilot Knob Road to alleviate difficult building restrictions at this site. Due to the configuration and location of this lot„ the applicant believes maintaining the 5o'' side setback will virtually deny the building of a house and garage because only 47" will be available in width. The applicant has originally allocated a width of 112' for this lot which was approved in both the preliminary and final plat stages. However, when the plat was submitted to Dakota County for recording, the County insisted on an additional 10' of right-of- way for C.S.A.H. 31. This additional dedication required by the County has prompted this Variance request. The proposed Variance request does not encroach on any existing or anticipated future public utility easement or street right-of-way requirements. This Variance request meets, or exceeds, requirements and the required findings as 11.40, Subd. 3.B.4 and 3.0 of the Eagan City \rl all other setback set forth in Section Code. LOCATION ZONING GUIDE PLAN I 1,3prT �1c- hell ;k 3"S3 SITE PLAN. S,fie�/QH l`�'IDr✓/N9 y-o�SClhock IZ'e9vPs7- if So�'frefvfire AvetiT 13y, L oviS �, a �eIYR� Me Ido ev5 io�i HarrP� - lfs'�-9j�3 GRA(\\�M DEVELOPMENT CC Agenda Information Memo May 15, 1989, City Council Meeting REMICK ADDN A. Remick Addition - Reconsideration of Preliminary Plat Approval- -On February 4, 1986, the City Council granted preliminary plat approval to the Remick Addition located as shown on pages LZ and 2y. Condition #1 of the preliminary plat approval contained on page Ips required City utilities be extended to this newly created lot to contain one single family residential unit. Enclosed on page 4 -JA is a letter from the attorney representing Mr. Remick requesting that this condition be deleted and that they be allowed to install a private well and septic system. Current ordinances allow installation of private well and septic for single family properties in excess of one acre where presently zoned R-1. ACTION TO BE CONSIDERED ON THIS ITEM: To delete/reaffirm Condition #1 to preliminary plat approval for the Remick Addition. 1 eZD VICINITY MAP FF J -El AL t I �10 J Iw "m Preliminary Rof of: REMICK ADDITION I CMRLSTOVMl490N � • I L 1` rC Ac. 779V ArrGoe,r-eq." e. ' al -O efe-ei i,. z, i ter Addi�ion€ i/ z r . s c 7 e s e4+ a3Oo: No.3 L Y e rM S •. / t ov oo 032-W021-00 n 1 Y //+•/GHVIEW a '2-W o 022-00 `RE ITT. 0 rricE Rif ///err r/err Avc v I rJr2 I ei Ge.r.l_or7 ° f • - oa. Janw 1 0/0-JY6{ %/ I i z c 2 •. / zf- F oez-ao oez-ao 40 2 -Oo oL-0006207,41002- B R l D 2E VIEW ,� AV E. ' i + .,. Ir z e 4 i Jehn M: J i s • '' A 3 Pr/nir E� Jebn E. CIS I PL A T , ,e..r,..r•uor �j o'Teeb fC o90 -0o ° �•• HIGHVIEW c� _ V A L L! E Y VI ';y E Ivv�% 022-00 au of u.rl _ 0//-77 f 2 ) _ " _ 2 091-00 094-00 093-00 P L A T Fr A V N' Zavi �-';onre� ' ozsip Ylp, 3 �e Nr Sr:':::f/F�Ae;•>;%. o�07e eY•, 3p a1 '^::•P�i� f 1AV ff 74='6 eI prod /1E C. 11 a wr% MA I 012-77 On --777 rmnn ��� § rre\>Oi e Tr.r o3o-Ye { � y• �1 a �. B� /7 .� t>• 063-00• i fr q m . SEn ORC ` c i pz i Fd o' 062-00;j r ~ r e ' OI a0 1 7, sw Y -- -�1----f -----`----`Q'" 9 SKYLINE 0� 160-00 , •r ! yC i f- `i ` G RR 010-00 100 - IA ° - ��011-00le w 130-00�OU6 F -00 r � - ... OU -36 363-00 131-00 •pti +!/moo. S e [ ^ � 1 '•• 012-00 I GEORGE r 0! 091- J 9 I '- O� I WILLIAMS _ EXHIBIT ''B' 1. Public utilities be brought to,this development and if constructed under public contract, the project must be authorized by Council prior to final plat approval. 2. This development shall be responsible for its obligation for trunk area storm sewer assessments and the correct amount of trunk area watermain assessment. 3,. That the plat be in compliance with all other City ordinances. 4. That the owner be responsible for the construction and cost of necessary utilities. 5. That the,applicant be required to obtain additional land from the property to the north to provide the access required under City Code. 6. The applicant shall be required to donate to the City, 35 feet in property width on the east border of the existing parcel in exchange for the City's outlot. 7. As parks dedication, the developer will provide a strip of land 25 feet in width along the south property line through the extent of the parcel. B. The setback from the new south property line shall be 25 feet. RECEIVED MAY 1 1 1989 OLSEN, SNELLING & CHRISTENSEN, P. A STANLEY C. OLSEN.. JR. ATTORNEYS AT LAW OF COUNSEL RONALD L. SNELLING SUITE 400 WALTER C. GUSTAFSON JOSEPH J. CHRISTENSEN 5101 VERNON AVENUE SOUTH THOMAS A.BRIANT MINNEAPOLIS, MINNESOTA 55436 ROBERT P. LADE TELEPHONE (612) 927-8855 DAWN M. PARSONS TELECOPIER (612) 927-5427 May 10, 1989 THOMAS E. WOLFF Mr. Michael Foertsch Assistant City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 RE: Remick Addition Dear Mike: In my recent conversations with Ed Kirscht of the City's Engineering Department, I have been informed that, while Skyline Road may be improved, there is a strong possibility that those improvements will not include sewer and water lines from which Mark Remick's home could be serviced. I further understand that city ordinances permit a well and septic for a single family residence where the lot on which the residence is located exceeds one acre in size. I proposed to Ed Kirscht that Mark Remick be given final plat approval and be allowed to construct his home with a private well and septic serving the home since his lot is well over an acre in size. Ed commented that the preliminary plat approval included a condition requiring public improvements for the home and stated that it would be necessary for the council to remove that condition prior to allowing Mark to proceed toward f'inal,plat with the intent of using the private well and septic. I am writing this letter to request that this item be placed on the council's agenda at the earliest available meeting so that we can present Mark's situation to the council and seek their approval of his use of a private well and septic. Accordingly, I would appreciate it if you would schedule this for the council and notify me of the meeting at which the item will be heard. If there are any questions or problems, please give me a call. I look forward to hearing from you. Yours very truly, OLSEN, SNELLING & CHRISTENSEN, P.A. Joseph J. hristensen Attorn t Law JJC/bc cc Mark Remick \ ^� MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 9, 1989 SUBJECT: INFORMATIVE CITY CLEAN -IIP DAY The City Clean -Up Day, despite the cold weather and snow flurries, was a great success with over 100 adults and children participating. A week ago this past Saturday, the Arbor Day ceremonies, held in the rain and cold weather at Thomas Lake Park, were also a success with approximately 75 to 80 people attending and participating in tree planting despite the weather. ROCK REFINERY AIR QUALITY TASK FORCE Kristy Marnin, Planner I, Community Development Department, has been representing the City of Eagan as a member of the Koch Refinery Air Quality Task Force, and apparently, a preliminary design for an ambient air quality monitoring system around Koch Refinery has been completed and accepted by the task force. The Dakota County Health Department will manage the system for a special two (2) year program. A document will be distributed to each of the cities involved within the general area of the Koch Refinery, which includes Eagan. A brief presentation is planned for each of the City Councils during June, more than likely the June 20 meeting for Eagan. EAGAN POLICE DISPATCHERS Negotiations regarding a new contract for 1989 between the City of Eagan and its police dispatchers at Local #320, Minnesota Teamsters Public Law Enforcement Employees Union reached an impasse during the month of February. The reason for the impasse was a decision by the dispatchers to pursue a change in union representation. As recent as May 2, 1989, the City received official notification from the Minnesota Bureau of Mediation Services that the police dispatchers have held an election and voted for the Law Enforcement Labor Services, Inc., or what is commonly referred to as LELS, and therefore, the Minnesota Teamsters Union Local #320 will no longer represent the dispatchers unit. The City Administrator was served a status quo order by bureau on February 21, which is now lifted in its entirety. The City Administrator can only presume that the police dispatchers will want to re -open negotiations with its new representation in the near future. CABLE COMMISSION UPDATE Enclosed on pages �an through A1 is a Cable issues update prepared by the Cable Coordinator. I -35W COUNCIL Since many of you come in contact with the Mayor and members of the City Council in Burnsville, I thought my letter of response to the City Manager regarding Eagan's decision to not financially participate as a memb of the I -35W Council would be helpful. Please refer to page for a copy of the letter. I spoke with Linda Barton to inform her of this action prior to her receiving the letter. Apparently, the City of Richfield may contribute, but in the amount of $2,500 as opposed to the $7,500 Burnsville was requesting, and she also indicated that the City of Bloomington was also indefinite about their level of contribution. POCKETS BILLIARDS ESTABLISHMENT City Councilmember McCrae raised some concerns at the last City Council meeting about the frequency of police calls at the Pockets Billiards establishment. The City Administrator has reviewed the matter with Chief Geagan. Additional information is included in the attached memo enclosed without page number. DAKOTA COUNTY HRA STATUS REPORT 1986-1988 Enclosed on page ._ is a copy of a letter from Dakota County HRA. Also enclosed is the Dakota County HRA Status Report for 1986-1988 for your review. /S/ Thomas L. Hedges City Administrator L� *EAGAN a COMMUNICATIONS Z COMMISSION w/ 3830 PILOT KNOB ROAD, PO BOX 21199, EAGAN, NIN 55121 612 4548100 1�1 � TO: Tom Hedges, City Administrator - Eagan FROM: Mike Reardon, Cable Coordinator - Burnsville/Eagan DATE: April 26, 1989 SUBJECT: Update - Cable Issues The following items are current topics affecting the Cable Commission, the Cities and their citizens. MIDWEST SPORTS CHANNEL Background - Midwest Communications, wants the Midwest Sports Channel, (MSC - Channel 8), to be offered as part of basic service, with certain Twins game offered as pay-per-view. CTVNC states that basic service rates will have to be raised if the MSC is part of the basic service package as the cost for CTVNC to subscribe to the MSC services is anticipated to be too much for CTVNC to absorb. CTVNC wants the MSC to be offered as a discretionary or optional channel, with an estimated subscriber cost to be $1-2 per month. Current status Midwest Sports Channel, formerly WCCO-II, has been removed from the cable line-up. Negotiations have been broken off by Cable TV North Central with Midwest Communications, (WCCO). Action - The Cable Commission has decided that as long as neither side has violated the franchise agreement, which according to legal counsel it appears they haven't, this is a matter that does not involve the Commission and needs to be resolved by the two parties. The Cable Coordinator will continue to handle subscriber complaints as they are received and explain the situation. To date seven complaints have been recorded. CABLE LINE EXTENSION Background - The franchise agreement stipulates the cable company is required to extend cable into neighborhoods when there is a density level of 40 units per street mile. CTVNC has k:-), —I decided that when an area has reached a minimum density level of 20 units they will extend cable. Current status - Staff has received a proposed 1989 line extension list from CTVNC. The following subdivisions, areas or apartment/townhome complexes are projected to receive cable this year. Blackhawk Glen 2nd Add. Dodd Farm 3rd Addition Hills of Stone Bridge Johnny Cake Ridge Townhomes Pine Ridge Addition Stafford Place Addition Thomas Lake Woods Townhomes Bridle Ridge Dodd Rd. & Golden Meadow Rd. Hosfords 1st Addition Lexington Point 2nd Add. St. Francis Wood Townhomes Thomas Lake Point Apts. Action - City staff will determine if other areas are, or may become, eligible for cable extension in 1989. If so, staff will work with CTVNC to ensure that eligible homes will receive cable this year. CURRENT NUMBER OF EAGAN SUBSCRIBERS For Your Information - As of March 31, 1989 there were 8,016 homes that subscribed to cable TV in Eagan. This was an increase of 1,504 from March 31, 1988. The Eagan penetration rate of 48.12% (percentage of eligible units that subscribe to cable) is one of the highest in the Twin Cities area. For comparison purposes, Burnsville has 8,849 subscribers with a penetration rate of 47.84%. LOCAL ACCESS Current status - Staff is in the process of formulating approaches to negotiations with CTVNC regarding the local access transfer issue. Staff is developing negotiation scenarios which range from an entity, other than the cable company, operating and managing the local access operations to continued enforcement of CTVNC's local access operations as dictated by the existing franchise. CABLE SUBSCRIBER RATES Background - As a result of a recent survey I conducted on behalf of MACTA (Minnesota Association of Cable Television Administrators), of which I serve as co-chair on the Legislative Committee, the following statistics were noted. From 1986 (prior to rate deregulation) to 1989 the average basic service subscriber bill has risen 46% in the Twin Cities area. In Burnsville/Eagan the increase is 50%. Some communities have experienced an increase of 70% or more. Current status - The survey information has been forwarded to Ohio Senator Howard Metzenbaum who has introduced two bills to Congress regarding cable television. One of the bills redefines the criteria used by the FCC to regulate cable rates while the other bill is designed to stimulate competition in the market for multichannel programming services and limit horizontal concentration in the cable industry. Action - Staff intends to introduce this as an item for discussion at the May Commission meeting. If you have questions on any items included in this memo or wish to see any items expanded upon please let me know. I shall keep you updated on the items as developments or circumstances dictate,. of 3830 PILOT KNOB ROAD, P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-BIOO May 5, 1989 LINDA BARTON, CITY MGR CITY OF BURNSVILLE 1313 E HIGHWAY 13 BURNSVILLE MN 55337 Re: 1135W Council" Dear Linda: VIC ELLISON Moya THOMAS EGAN DAVID K. GUSTAFSON PAMELA MCCREA THEODORE WACHTER Cd 11 Members THOMAS HEDGES CIN AEminlsboloo EUGENE VAN OVERBEKE C1ry Clerk A decision to not financially participate in the 1135W Council" organization was decided by official action of the Eagan City Council at their last regular meeting on May 2, 1989. While the City Council recognizes the increasing congestion on I -35W and would support the need for improvements to that freeway corridor, our City is addressing the need for certain improvements to both I -35E and I-494. An additional interchange is required in the general area of I-494 and Dodd Road, additional improvements to I -35E and Yankee Doodle Road as well as other roadway improvements the City is beginning to negotiate with the Minnesota Department of Transportation. With the dismal forecast for revenue shortages in 1990, the fact this request was not budgeted as an appropriation in 1989 and the need to find revenues to support the various transportation improvements within the City of Eagan, an appropriation could not be justified for the I -35W study by the City Council. This action in no way should jeopardize the City of Eagan's willingness to participate at future meetings as a responsible neighbor or any other joint efforts we are exploring together. Sincerely, \ \ cw�-- Thomas L. Hedges City Administrator TLH/kf THE LONE OAK TREE. .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY DAKOTA COUNTY 11 'N I A."MA Serving People and Communities May 8, 1989 Thomas Hedges, Eagan Municipal 3830 Pilot Knob Eagan, MN 55122 Dear Tom: City Administrator Building Road DAKOTA COUNTY HOUSING & REDEVELOPMENT AUTHORITY 2496 - 1451h STREET WEST ROSEMOUNT, MINNESOTA 55068 612-423-4800 Enclosed is 15 copies of the Dakota County HRA Status Report for 1986 - 1988. We would greatly appreciate you providing copies to your council, planning commission, or other interested parties in the community. If you need additional copies, please let us know. We hope this report provides you with an idea of the HRA activities throughout the County. It has been a pleasure to be of services to Eagan during the past two years. If you have suggestions or ideas on how the HRA can be of greater services in Eagan in the future, please give me a call. Sincerely yours, /M Mark S. U14-� s Executive Director MSU:lz Enclosure \3 L�. U, A h.,* -D 4-0 AN EQUAL OPPORTUNIIY EMPLOYER" A regular meeting of.:.:.tAjp May 15, 1989, at 6:30 were Mayor Ellison and b&u'nci McCrea. Also present were Cit Director Tom Colbert, Communi City Planner Jim Sturm y Council was held on Monoay, Municipal Center. Present achter, Egan, Gustafson and rator Tom Hedges, Public Works ment Director Dale Runkle, v James Sheldon. McCrea moved, Gustafson seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES .......... ............ ............ ............... May 2. 1989. Mayor a change on page 14 ..... ..... correcting the spelling of ".:R.o9ei'Wtier-ke". McCrea moved, Gustaf son::::ser.Wbb�-1bj the motion to approve the ........... i 2':,-::'.'t'- ' ' ' Council meeting as amenaeo. All minutes for the May 2, 19:.§...f: : eigu ar o voted in favor. EAGAN CHAMBER OF COMMERCE Paul Helland, President of the Eagan Chamber of Commerce, presented a plaque to Ciq.::::-Apm -p�:atz:&t.or Tom Hedges for the City's . .:j ............ cooperation with the the City. Mayor Ellison commented he appreciated the mutual cQ.9peration between the City and the Chamber of Commerce. PARK DEPARTMENT/FORT SNELLING STATE PARK/SURPLUS PROPERTY City Administrator Tom Hedges recommended continuance of the matter per a request he received from Director of Parks and Recreation Ken Vraa. Be stated there was some confusion as to which parcel the DNR was interested in obtaiping. Councilmember Egan asked if ther6:::Qas any dollar value on the improvements. Ken Vraa present time there was no ................ dollar value available direction regarding the matter. Councilmember McCrea supportedx-t-he third alternative - exchange of the land for park improver . k:hts. Mayor Ellison informed Mr. Vraa to pursue a swap. Page 2/EAGAN CITY COUNCIL MEETING MINUTES May 15, 1989 Egan moved, GustafaQn seconded: he motion to continue to the June 6, 1989, Councilmeefri.g:.,the:>:Eguest for the transfer to the DNR of an 8.34 acre parcel wittsii::ti#rt Snelling State Park from the City of Eagan, to allow staj:-:-io Negotiate with the State for an exchange of the land for park improvements. All voted in favor. PUBLIC WORKS DEPARTMENT/MTC PARR AND RIDE SITS/CEDARVALE !TALL City Administrator?�Ai:13iigE::`st:Crmed the Council that Dave Brown, Upper Midwest Managemerik::CorpFzation, was in attendance at the meeting. He stated that there'w"as no"d,bjection by staff if an alternate site could be locate' a how.$: r, the City would not participate financially.:.:::;::.:;;: `i;':;:..;;:::>< Dave Brown informeo'the Council he could lose a 15,000 square foot tenant unless something could be resolved on the parking issue as the tenant required more space for parking. Public Works Director Tom Colbert presented the layout of the area and updated the Codke�3::on the history of the site development. He described the relocat ai>:q}ikl9n:a and commented that the merchants now wanted the park and ride*"si-te::::ei:iminated. Mr. Brown informed the 'Counci3:;ii was willing to leave the park and ride site as is and wou 4-:JoAfj�tain the site with the understanding that if an0#t:er 'site was located, the present site would revert to the cent6t He stated there was a possibility of a request for a variance for a berm. Mr. Colbert stated the matter had not been eiscussed in detail and asked when the park and ride site would be brought up to City standards. Mr. Brown stated when the site was relocated, it would be brought up to City standards. Mr. Colbert commented it appeared to :#`;a:,;43itw::n:::situation and that the matter could be worked out throt]}�r aii' egieeriritt. City Administrator Tom Hecrges informed the Council that the OPT OUT decisions would be made by rune, j�89, but that the relocation decisions could take a couple o":::years " Councilmember Gustafson questioned if the City could eliminate the site without relocating it. Mr. Colbert replied yes. Mayor Ellison requested the City:;IEtorney craft the necessary documents for the next City Council meeting. Councilmember McCrea::::Qni?�ist4dwould like the park and rine site to remain within the:::�i:fy:::•Caiirib4-inember Gustafson stated that MTC may not care and that staff should::investigate whether a complete vacation was necessary. Mayor Ellison;:'�lt the site should not be eliminated unless another site was located. Page 3/EAGAN CITY COUNCIL MEETING MINUTES May 15, 1989 Egan moved, McCrea:::Seconded, ,tie motion to receive the petition and direct staff to prepS::ass:;gK66 ent with the appropriate conditions in regards to th:e:.Jo..:�.:j�ark and ride site (Cedarvale Shopping Center). All voted in favor. PUBLIC WORKS DEPARTMENT/FAIRWAY HILLS 2ND ADDITION/STREET MAINTENANCE AGREEMENT Public Works Dire ctO.Y'P 'd'i(i,b'tiilU''iti introduced the matter to the Council. Al Herrmann (Bridlewi3:i]e Ja #t Venture) informed the Council he had no objection to the location:gf. the street but stated he was losing buyers because of the:`&tibw re.'m val agreement. Be remarkea he was willing to donate to::::ttt�. C.i'tyt:«t:4 allow for the backing up of the trucks. Be further commentiErid that:::the adjoining golf course woula probably never develop. Mr. Colbert reviewed the four options that were available to the City as outlined in the packet. He commented that this type of situation would continue.:.Xq arise. Mr. Herrmann statea 'Ctfak:: -e:l,.ot was a single family home ano that the driveway would beOn tlib::aest side of the lot. Mayor Ellison asked if:'-t!q(+p.asary cul-ce-sac was a possibility. Mr. Herrmann replied that..;.:vas>'fiot a viable alternative. Councilmember McCrea ask a::4-1"it was a major problem when the snow was removed. Mr. Colbert stated it was a potential problem. McCrea remarked that homeowners pay taxes for snow removal. .................. Councilmember Egan $;$Sltf:::3f:::::tiie;:dciveway would be to the west. Mr. Herrmann replied yes and tfiati 'f'e would provide the necessary written documentation. There wa:s::furtlier discussion regarding the specifics of the lot and the culide-sa. Egan moved, McCrea seconded# the::uibtion 1) that future developments will not be allowed to assume the snow and ice control maintenance requirements for private access; 2) to approve a written agreement (provided that the driveway is located on the west side of the lot) with the developer of Fairway.,;Bills 2nd Addition regarding the driveway location of Lot 5, Block::.3:,r Fairway Hills 2nd Addition; and 3) to approve the plowing for the:::private access to Lot 5, Block 3, Fairway Hills 2ndAdaitj�n;:A):;:vc+eo in favor. Page 4/EAGAN CITY COUNCIL MEETING MINUTES May 15, 1989 .......... . .. . 1. Seasonal Workers. It was recommended hiring of the thirteen (13) ................. seasonal workers as presiated ..... ..... ..... ..... ..... ..... ..... ..... 2. Police Sergeants. ... .... It was recommended tq---a. appointments of Kenneth Conyers and Randy Larson:..,"jjz:::: r -t'in the Police Department. 3. A list of the new personnel as approved at the May 2, 1989, Council meeting was presented to the Council as follows: Planner I - Marlene Zaleznick; Administrative Intern - Jeffrey Weldon; and Street/Equipment Maintenance Worker - William Gallagher. No action was required on this =Iun, -7xam�f � It was recommended to presented. C. our plumbing licenses as It was recommended to proclaim National Flag Day, June 14, 1989, and ask that Eagan residents pause for the pledge at 6:00 p.m. Central Stannard Time. D. It was recommended to appro ' v.e the:'rental of a parcel recently acquired from BUD for farming pi).'it''posesi:At the rate of $20.00 per acre. I .1 7111ITIMI: I III !will 1111 11,1111 2FU-FT#WDCWAW-1 M-6 It was recommended to approve the cigarette license for Crown Co Co, Inc., for Eagan E -Z Stop locateIl:::�l 4195 Nicola Road. F. Gambling Agglication -..Waives....'Bingo. Fourth of July It was recommended to approve the:.::.V.alley Viewers 4-B Club application for a bingo license to bI at the July 4th r; celebration on June 301 July It 2, 3, and 4, 1989. Page 5/EAGAN CITY COUNCIL MEET , ING KINUTES ... mx:... May 15, 1989 G. It was recommended to authorize a letter to Bill Smith, owner and operator of Carriage Hills Golf Course, informing him of the Council's action. 1.2 It was recommended to receive th4q.. bids ana to award the sale of Unit No. 104 to Byron Olson j-&-::t-he a .... twant of $1,976.00; Unit No. 503 to Dale Schoeppner in ano Unit No. 505 to Byron Olson in the amount ::::i"o*:'C'"'$2r'9-45'.:".'00. It was recommended:ip..q.approve the specifications for 219 (Sewer Vac -All) and ia . iitb;Q:r.ixe the advertisement for a to be held at 10:30 a.m. 9. J. It was recommended Woods 4th Addition and all related documents. K. Vehicle No. bid opening 0 e the final plat for the Whispering the Mayor and City Clerk to execute ............................. ...... * ........... tition for Project No. 570 It was recommended td:::r' ............. (Cliff Ridge - Storm Sew . i . n . a. - a .. u .. t . n .. o . r . 1 the preparation of a feasibility report. L. Contract 89-14, AR r,:)ve::'%' PlansA'Uthorize Ad for Bids (Water Treatment Plant - Dehumidification). It was recommended to approve the plans for Contract 89-14 (water Treatment Plant - Dehumidification) and authorize the advertisement for a bid opening to be:: @16 at 10:30 a.m., June ly 1989. M. Vacate Public Receive Petition/Order Councilmember Egan and Dave FelkeK`.:.had concerns r'egarding the drainage situation. Public Works Diredeb'r Tom Colbert explained the drainage area. Page 6/EAGAN CITY COUNCIL MEETING MINUTES May 15, 1989 It was recommended tv:.receive th...::.petition to vacate utility easements (whispering Wood#:.4:th Addik.,#on) and schedule a public hearing to be held on June'�E3:9:":::>' McCrea moved, Gustafson seconded, the motion to approve the foregoing consent agenda items as presented, and authorize their implementation. All voted in favor. ............................. FINAL ASSESSMENT A:JAR2* PARR STREET LIGHTS/ ::pRW BC'I N0..... Public Works Director Tom CRlbert;ntroduced the matter to the Council. McCrea moved, Egan seconded, ii:e`'motion to close the public hearing and approve the final assessment roll for Project No. 544 (Mallard Park 3rd Addition - Street Lights) and authorize its certifica.tion to the County. All voted in favor. FINAL ASSESSMENT HEARING/STONEY POINTE AND BLACKBAW$?AIAG•E/PROJECT NO. 523 Public Works Director Tom:.:.Colber-t`pLesented the matter to the Council. He stated that the pr•'ri ect:.at:S.G::involved Blackhawk Ponds. Paul Thomas (Meritor):.o:lJ.4�ldted to the rates and the amounts. Mr. Colbert informed him a writ -ten objection should be submitted. He further stated that the developer may have waived the right. The developer commented he had submitted a written objection to Gene VanOverbeke (City Clerk) on May 4, 1989. He reiterated that he felt the rates were too high. .................. ............................. Tom Colbert stated th0':':dould be continued to the June 6, 1989, City Council meeting.:: Mayo..r:: Ellison asked for legal ' 4 counsel recommendation. City Attoey J#ig Sheldon stated that the assessments were probably equal t4:the lighefit, that the developer owed the money and that the City 6 ould:ebllect it. The developer pointed out that the feasibility report showed 1988 rates would be used for the assessment. Mr. Colbert stated that the easement was acquired on behalf of the developer. The developer commented that the rates had changed subp:tantially and requested to be heard. He stated he had relied upon i6* feasibility report and requested that the matter be forwarded ti''the Special Assessment Committee. Councilmember McCrea stated she fel.t.xthe taxpayers should not foot the bill for the developer's benefi.t.: City Administrator Tom Hedges explained the procedure on special"assessments. Councilmember Egan remarked that the issues were not related to the assessment Page 7/EAGAN CITY COUNCIL MEETING MINUTES McCrea moved, Egan secorfdecl:F:ffe'motion to close the public hearing and approve the final assessment roll for Project No. 523 (Stoney Pointe/Blackhawk Ridge/Blackhawk Pond - Watermain) and authorize its certification to the County, with direction to the staff to obtain appraisals..All..voted.in.favor. FINAL ASSESSMENT HEARIIYGjj.DOW `Rt?A.D. OVERLAY/PROJECT NO. 515 City Administrator Tom Hedge.s. introduced the matter to the Council. McCrea moved, Egan secaffft d, tfie"motion to close the public hearing and approve the final assessment roll for Project 515 (Dodd - Road - Overlay) and authorize its certification to the County. All voted in favor. FINAL ASSESSMENT NE4A.RING/RINDERCARE/PROJECT NO. 530 '' City Administrator TomHrIges>::sspddted the Council on the matter. McCrea moved, Gustafson seconde.d.f.:::::tbe motion to close the public hearing and approve the final 3:Sseawnftroll for Project No. 530 (Rindercare Addition - Wate,rmar�:)::aad authorize its certification to the County. All voted in favaY RESOLUTION/O'NEIL LAWSUIT SETTLEMENT City Administrator Tom Hedges presented the history on the matter and updated the Council..,,;He:.:.pr.eaented a resolution regarding settlement which wasprepatl:hy;C1:Ey:i4ttiorney Jim Sheldon. Mr. Sheldon informed the Council that.;the documents were self-explanatory and recommended the Council accept::the sE:ttlement. Wachter moved, Egan secondedi::Ehe m#.ion to approve authorization of a resolution to settle 6�ree lawsuits that involve Federal Land Company and its affiliates, the O'Neils, and the City. All voted in favor. City Administrator Tom Hedges commenned the legal staff and Tom Colbert for their work regarding the mattOis. TRAILWAY MODIFICATION/LES.iNG.AO.N:::.P0.1ARKWAY AND DANIEL DRIVE City Administrator Tom Hedges summa.i.ized the background on the matter. Page 8/EAGAN CITY COUNCIL MEETING MINUTES May 15, 1989 A representative f "'4: the neign#�ihood informed the Council that there was a 60/90 split '��bn.g: the:;:;A6cted homeowners for moving the trailway to the east side':,O'.. t e:::: tYeet. Mayor Ellison requested Steve Sullivan to describe the project. Mr. Sullivan outlined the history and explained the rationale for the trail location. Councilmember Gustafson questioned if the trail were moved, where it would cro:S;::I4di>i•e;;:pr:ive. Mr. Sullivan pointea out the location. Councilme>e r::Micre:aaz:q:i%"tioned if it was a sidewalk or a trailway. Mr. Sullivan respai.4ed t[ kt the developer had the option in the agreement and he opted'Ibir the''bidewalk. McCrea statea she felt it was a critical distins�-�on a0i":'.they have different uses. Councilmember EganiatCed a:izithere were equal driveway amounts on both sides of the street. Councilmember Wachter stated he felt the access to Schwanz Lake should be a trailway. David Ashton, 9278 Daniel Drive, remarked it did not matter if it was a sidewalk or a trailway. He statea it was very close to a school and there were ori3y;:.1;3 driveways across the street. He pointed out that if it were an estj#:':;:oo.t trail it would not intersect a single driveway but recomme .ded:;:pititi:t;.ng it across the street. He handed out a diagram to the:"Councilifiembers. He had safety concerns and he outlined his proposal::: Councilmember Egane:zC4ssed his wish that there was representation from thettheer side of the street at the meeting. Councilmember McCrea explained that the other sioe of the street was not notified by the City. She favored moving the bike trail to the other side of the street but emphasized that residents from the other side of the street should be notified. City Administrator Tom Hedges indicated letters could De:>set;>:t:oi:t#3GSe residents and an informational meeting co61;6rie3:tfeCrea recommended an eight foot trail and Councilmember Egan agreed. There was further discussion regarding the trail location. Public Works Director Tom :Colberf.:::dad questions regarding a sidewalk on Lexington Pointe Parkway."kayor Ellison stated he did not want the trail to Lexington Pointe Parkway eliminated. He suggesteo reviewing the matter regarding the number of oriveways present ano stated that the south side of the road may be the least impacted. Councilmember Egan agreed. Councilmember McCrea stressed she wanted the trail eliminated to Lexington Pointe Parkway because of safety reasons. Councilmember Wachter preferr:eis a bike trail. McCrea stated it could be a maintenance:..... si :::�Ja�?. r Ellison directed the trail to be on the south side of:':this r�6; !te` commended the neighborhood involvement. McCrea moved, Wachter seconned, tkie motion to approve the trailway modification for an eight foot trail on the east side of the street for Lexington Pointe Parkway and Daniel Drive, and scheduling Page 9/EAGAN CITY COUNCIL MEETING MINUTES May 151 1989 a neighborhood meeting ri''Arding th*::batter, with the matter returning for Councilappoik;:;as:a:consent agenda item on the June 20, 1989, City Council meefrty::3Y11 voted in favor. STREET NAME CHANGE/JAMES STREET TO FOUR SEASONS DRIVE City Administrator Tom Hedges described the request for the Council. Egan moved, Wachter secon';6, t4;motion to approve the street name change of James Street to....' our $.e.asons Drive. All voted in favor. EAGAN CEN%9;9:4.D ADI?ITION/PLAT EXTENSION Wachter moven, McCrea seconded, the motion to approve an additional one year extension through April 30, 1990, to the preliminary plat approval for Eagan Center 2nd Addition, with the understanding that this will be the last extension approvea by the Council. All voted in faVoit'-..:.. ............... ................. ................. ................. COMPREHENSIVE GUIDE PLAN .AMENDM£NT/REZONING/PRELIMINARY PLAT /CONDITIONAL USE PX'RMIT/PH,I.IiLIPS 66 FIRST ADDITION Community Development.. i1:t�fit..ot' Dale Runkle introduced the matter to the Council and descri{}"6 'th :e layout, building and adjoining triangular parcel. He infdrmed the Council that after numerous motions, reconsiderations, and new motions, the Comprehensive Guide Plan amendment and all other actions were approvea by the Advisory Planning Commission. .................. Arlen Allisey (Phil 3ps):nfthe Council there would be extensive landscaping on tha st:e-'He presented a booklet to the Council describing the corporate:.._ requested approval for all of the requests. Mayor Ellison had concerns and gd6:6tions regarding the exterior materials. The developer stated that the stone -face finish would wear better than brick. Councilmember McCrea pointed out that another car wash was located nearby. The developer stated tiia"t a car wash was incidental to fuel sales. He further stated it wdu3:d be a full -stone exterior and not tile. Councilmember Wachtet-domYiien ea'fiiat stone was more expensive than brick. He felt it did not need take compatible with the surrounding buildings and stated that:S:tone would have a better appearance. Page 10/EAGAN CITY COUNCIL MEETING MINUTES May 15, 1989 Mayor Ellison askedk�j_:J--f the trt;si.ii-jular parcel was buildable. Community Development DiigiAvx ... J D.4- A . unkle outlined the setbacks. Mayor Ellison questioned be a problem. Mr. Runkle responded it should not be a 'problem. Councilmember Egan asked if the parcel was tied into Ponoview. Mr. Runkle respondea no. Egan agreed with Councilmember Wachter's comments and stated his preference for a developer's decision.that the layout was ..... ..... acceptable. ..... ..... Councilmember Wachter qu'*::.'ion4 ;the distance from the medical center and the amount of'.'. . 'I C. Community Development Director Dale Runkle pointed out to the Council that the landscape as presented exceeded requirements. - Councilmember Gustafson had questions concerning proposed condition number -3 regarding no outside displays or sales shall be permitted. Mr. Runkle explained the ,:.:9.qnoition would not allow displays such as Super America has for po:p.'j..::�.:#a.1,.t., oil, etc. Councilmember Wachter r* f6ei&";d: concerns regarding the triangular piece. Gustafson moved, the motion to approve a Comprehensive Guide Plan:::a%a"-'. e'r"I"dment changing the lano use oesignation from Limited Business to:'. General Business as requested by Phillips 66 Company. All voted in favor. Gustafson moved, McCrea secondeop the motion to approve a rezoning of 1.16 AgriculturA1..ajp.re.rp..to..a Planned Development, General Business district as .. ...... -�ips 66 Company. All voted in favor. ....... . .. ...... Gustafson moved, Wachter w6d-onded.-::.the motion to approve a preliminary plat consisting Of wise lof::Aocated in the northwest corner of Pilot Knob Road and Duckwood:::-Drive in the northeast quarter of Section 16 as requested by Phillips 66 Company, subject to the following conditions: 1. These standard conditions of pl.at approval as adopted by Council action on September 15 19 87 shall be complied with: Al, Bl, B2, B3, Cl, C2, C4, Dl, El, Fl: and G.�:::-: be abandoned to WPC -40 and 2. The well and sept1.,C.Zy.*?M City standards. 3. No outside displays or sales shall be permitted. Page ll/EAGAN CITY COUNCIL MEETING MINUTES May 15, 1989 4. All signage shai:l;.be subject -;to the City's one-time sign fee of $2.50 per square foot.:arali,•.no faiic-type signage shall be allowed on a permanent basis. 5. The pylon sign shall not exceed 27 feet in height, with a maximum signage area of 125 square feet per side. Berming shall be provided along Pilot Knob Road and Duckwooa Drive and all landscaped areas shall be irrigated,;::;:;:.;;.;;:::::. ;;;•;:•::; 6. Flagpoles shall not a coed 2�:.eet in height. 7. All rooftop mechanica3;::equipl.ent shall not be visible from the public streets. B. A 40 -foot path of W'., required for Duckwood Drive. The opening width and curb radius dimension shall be determined with the technical plat submission and approved by City staff. 9. The driveway location may be shifted east or west and resolved prior to final :pxd:t::approval. 10. The exterior of the material compatible with th All voted in favor. 1 be constructed of brick i cal clinic. Gustafson moved, McCrea seconded, the motion to approve a conditional use permit for a motor fuel station with a car wash located in the northwest corner of Pilot Knob Road and Duckwood Drive in the northeast quarter of Section 16 as requestea by Phillips 66 Company. All voted in favor. .................. ............................. ............................. ............................. Gustafson moved, McG:Eeg::a&.C.VA .0 :-: the motion to approve a pylon sign located in the northwest eptner of•:Pilot Knob Road and Duckwooa Drive in the northeast quarter: Sect#:on 16 as requesteo by Phillips 66 Company, subject to the foll:deing co'nditions: 1. All signage shall be subject Co"' the City's one-time sign fee of $2.50 per square foot and no fabric -type signage shall be allowed on a permanent basis. 2. The pylon sign shall not exceed::27 feet in height, with a maximum signage area of 125 square fe4ii:-:,per side. Berming shall be provided along Pilot Knob Road and Duckwood Drive and all landscaped areas shall be irrigated.:;:::::::;::::::::: All voted in favor. Community Development Director Dale Runkle briefed the Council on the matter. The developer and builder were present at the meeting. Rod Just (Graham Development)„e.xp�ained that the need for the variance was to allow eq:uf;vslefi;iiiinie;:size. Councilmember McCrea askd:d for *n-' explanation of the hardship. Mr. Just stated that a 70 foot;::Xight-oi-way had been donated to the City and the County. McCrea c' ftente#:::;bhe did not feel there was a hardship. Co uncilmember :iiisdfs0?::tii.sagreee stating that the County took the property after 8tie` platting. Councilmember Egan inaicatea he felt there was a hardship due to the change in the circumstances, topography and uniformity of home size. Councilmember Wachter stated he also felt there was a hardship but felt there could have been a different house plan. He felt there were things that could have been revised. Gustafson moved, Egai1 sis:ititgerii...,the motion to approve a 10 foot variance from the 50 foot setback:::Z16ag Pilot Knob Road as requestea by Graham Development Company: for,kot:}-J, Block 2, Hidden Valley Adcition. Gustafson, Ell McCrea McCrea voted in favor; Wachter voted against. REMICK ADDITION/REdbNSIDERATION/PRELIMINARY PLAT APPROVAL City Administrator Tom Hedges updated the Council regarding the request and asked for direction from the Council. Mayor Ellison stated the matter couldhe..;aiscussesi:;at. the special workshop. ............................. ............................. ............................. ............................. ............................. Joe Christianson, attorney:.:Ioi Remick, informed the Council his client had been waiting for an e?itend4.4.period of time and would like to build his house. He further 0t:ated:::that the cost of the public utilities were prohibitive and that tFE0"::area was isolated. He pointed out that it was a unique situation because it was just one lot and that the request met City Code requirements. Mayor Ellison asked if the utilities would be installed along the entire length of Skyline Road. Publ.kc Works Director Tom Colbert replied that it was the current plan.:.0-2ty Administrator Tom Hedges reported that the plan may be modified Ior assessment reasons. Attorney Christianson''aricE<zQ':Ceinci'1 if Mr. Remick could begin construction. Councilmember Wachter felt it would be a waste of money to install a private well and septic system if City utilities were going to be installed. Councilmem:ber Egan askee if it woulo be a unique situation. Public Works Director Tom Colbert repliec yes as the utilities may not be available. Page 13/EAGAN CITY COUNCIL MEE.T.1NG::14;INUTES May 15, 1989 Gustafson moved, E4.#::secondec::the motion to delete condition one regarding public util:f:ia:S:;:;v:::e preliminary plat approval for the Remick Addition. All votieiti::irt:'favor. VISITORS/MALLARD DRIVE/STOP SIGN Kirk Reilly, resident,.:ana,.counS:el from Mallard Drive, informed the Council that the aree:l6ie.aDYsa:a:: serious traffic problem. He stated the stop sign which waa::pI-' ' ' ::by a resident slowed the traffic on Mallard Drive and 66gested::that perhaps another method was now appropriate to slow th?g;:,trafE:i:c. He remarked that even when the Cliff Road construction_was':compted, it would remain a problem. Be felt the speed limit t0 s::: 6b'ASgb Mayor Ellison asked for an petition. Public Works Director counts were made and that a June was planned. He stated that coun Councilmember McCrea:`: was opened. Councilmember l would hold the speed down. was in order and requested stated the merchant signs update regarding the March 20, 1989, Tom Colbert stated that traffic 6, 1989, presentation to the Council ters would also be placed now. ed a temporary sign until Cliff Road ::::S:t:;.essed that the Police Department S-1.11san felt a temporary stop sign mAval:: of advertising signs. He iipt"point through Mallard. McCrea moved, GustafSbn'seconded, the motion to approve a temporary stop sign at the intersection of Mallard Drive and Mallard Circle until Cliff Road reopens. All voted in favor. VISITORS/ENVIRONMENTAL CONCERNS/CLIFF ROAD AND PILOT KNOB Greg Jawar, 1335 St. Andrews. Eoul.evard, asked the Council who was responsible for the disturbed state:of the environment because of the construction on Cliff Road Arid Pi]#t Knob Road. Public Works Director Tom Colbert pointed out -,::=it wa:a::a County project and that the City could take action regarding the m'stter but that the property owners would have to pay. He further stated it was necessary to obtain County approval to allow the planting of trees within the right-of-way. Claudia McClanahan, 1385 St. Andr'sis, explained to the Council that the County had sent them to the City. She had concerns regarding the noise, pollution and a:e& :�€#:cls;.:::::::::. Mr. Colbert remarked that nothing;.:.could be done between the County and the City and that the landd{iers must provide the funds for any actions to be taken. He pointetl:':out that the actions must be taken on a local level. He further stated that the City could give guidance. Councilmember Wachter suggested talking to the developer. There was discussion regarding the lot slopes. Mayor Ellison Page 19/EAGAN CITY COUNCIL.. MEETING:::-NjNUTES May 15, 1989 suggested talking to th ��iiW...µnty as.-44il. Councilmember McCrea informed the residents tkie::ttF1RiT:Y could provide a statement to the County indicating the City "kiAti:1'ef'erred the residents to the County. COUNCIL DISCUSSION City Administrator ,T.om.: Hep:ges„reminded the Council of the up -coming meeting regargs:7i' ii& i �1t' 'i::�PT-OUT. He also stated that there would be intervievis`'coiiclv:.C£ed r-e:garding the insurance bias and asked if any Councilmember was:interiited in being involved. Mr. Hedges stated that „t e:.Chaai:""i of Commerce had contacted him and asked if the City woiilt]::ie1:CG�tets for the June 27, 1989, Twins' game. City Administrator Tom Hedges had questions regarding block parties and asked if they were permissible. Public Works Director Tom Colbert stated they were permitted but that the City did not condone them. Councilmember McCrea.;a.sked if it was a problem. Mr. Hedges responded no. McCrea sug§i''tad:•.letting the Police Department handle the matter. Councilmember W'a';6St{i*;;stated a new policy should not be implemented at this time. Community Development D.cttir ISaie Runkle informed the Council a user was looking at thg;:3q;aidson building for retail use. Councilmember Egan commeA+ed it would be an adverse precedent. Councilmember McCrea suggested reviewing additional information. Mayor Ellison felt the matter should be reviewed. Public Works Director Tom Colbert reported that a postcard was being mailed to the the water restrictions. He also stated that staffatteiiing a pre -assessment hearing on Blackhawk on May 31, 1989, at 5::.00 Councilmember Wachter mentitdned that the horseshoe pit was flooded on Fairway Parkway. Mr.:%��olbeX& explained the drainage. Councilmember Wachter had questions regarding page five of the checklist. He requested that dirt be removed from the low areas in the City and asked if there would be a Super America in the Blackhawk Plaza. Mr. Runkle stated it was unknoy.n.:at this time. Councilmember Gustafson commentea:':'tie felt the speed limits should be examined on resfritssZl::SE:gists. Mr. Hedges explained the process. Mr. Colbert repot.--te�f tia4t::t :e:: inimum speed in the state was 30 mph, with schools being an exception. Mayor Ellison reported that there!:was a good turnout at the fishing opener. He requested staff try and dredge some weeds from the lake. Page 15/EAGAN CITY COUNCIL MEETING..MINUTES May 15, 1989 Mayor Ellison stator:that reg?&ding the Board of Equalization the City should devise ahe£s4tve;'•:'strategy for next year. Councilmember Gustafson agmad-::Ana'stated that a potential solution would be the handout of the agenda. Councilmember Wachter commented that the County could provide more staff. Councilmember McCrea in..regards ,.to Pockets Billiard observed that the City should hav:::::1::CI!:$3#c�: enforce it uniformly. it -O kCKLISYS Wachter moved, Egan secon.. , ttie motion to approve the checklist dated April 4 amount of $699,951.96 ano the checklist dated May 15, X989; in tFie amount of $736,089.87. All voteo in favor. ADJOURNMENT Upon motion duly made..by Wachter, seconded by Egan, the meeting was adjourned at 10:10p: :;::: 11 voted in favor. OF EAGAN E. J. VanOverbeke City Clerk